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Am. H. B. No. 25As Passed by the House
As Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Gibbs, Grendell, Peterson, Seitz, Otterman, McGregor, Core, Gilb, Hollister, Niehaus, Setzer, Wagner, DeBose, Domenick, Skindell, Carmichael, Aslanides, Buehrer, Cates, Chandler, Cirelli, Clancy, Collier, Flowers, Hoops, Hughes, Kearns, Koziura, S. Patton, Reidelbach, Taylor, Wolpert
A BILL
To amend sections 307.37 and 711.131 and to repeal section 4740.14
of the Revised Code to permit
counties to include
regulations in
their building codes
to protect
existing surface and
subsurface
drainage, and to
eliminate the Residential Construction Advisory
Committee.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.37 and 711.131 of the Revised Code be
amended to read as
follows:
Sec. 307.37. (A)(1)
As used in this section, "proposed
new
construction" means a proposal to erect, construct, repair, alter,
redevelop, or maintain a single-family, two-family, or
three-family dwelling or any structure that is regulated by the Ohio building code. (B)(1) The board of county commissioners, in
addition to its
other powers, may adopt, amend, rescind,
administer, and enforce
regulations pertaining to the erection,
construction, repair,
alteration, redevelopment, and maintenance
of single-family,
two-family, and three-family dwellings within
the unincorporated
territory of the county, or the board may
establish districts in
any part of the unincorporated territory
and may adopt, amend,
rescind, administer, and enforce such
regulations in the
districts. When adopted, all
regulations,
including service
charges, shall be uniform within
all districts
in which building
codes are established; however,
more stringent
regulations may be
imposed in flood hazard areas
and in Lake Erie
coastal erosion
areas
identified under section
1506.06 of the
Revised Code in
order to prevent or reduce the
hazard resulting
from flooding and
from erosion along Lake Erie.
In
Except as
provided in division
(B)(3) of this section,
in no case shall the
regulations go beyond
the scope of
regulating the safety, health,
and sanitary
conditions of
such
those
buildings.
Any Any person adversely affected by an order of the
board
adopting, amending, or rescinding a regulation
under this section
may appeal to the court of common pleas of the county on the
ground
that the board failed to comply with the law in adopting,
amending, rescinding, publishing, or distributing the
regulations
regulation,
or that the regulation, as
adopted or amended by the
board, is unreasonable or unlawful, or that the revision of the
regulation was unreasonable or unlawful. (2) A county building code may include regulations for
participation in the national flood insurance program established
in the
"Flood Disaster Protection Act of 1973," 87 Stat. 975, 42
U.S.C.A. 4002, as amended, and regulations adopted for the
purposes of section 1506.04 or 1506.07 of the Revised Code
governing the prohibition, location, erection, construction,
redevelopment, or floodproofing of new buildings or structures,
substantial improvements to existing buildings or structures, or
other development in unincorporated territory within flood hazard
areas identified under the
"Flood Disaster Protection Act of
1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, or within
Lake
Erie coastal erosion areas identified
under section 1506.06 of
the
Revised Code, including, but not limited to, residential,
commercial, institutional, or industrial buildings or structures
or other permanent structures, as
that term is defined in section
1506.01 of the Revised Code. Rules adopted under division
(A)(B)(2)
of this section shall not conflict with the Ohio
building code. (3)(a)
A county building code may include regulations that
provide
for a review of the specific effects of a proposed new
construction on
existing surface or
subsurface drainage.
The
regulations may
require reasonable drainage mitigation and
reasonable alteration of a
proposed new construction before a
building
permit is issued in order
to prevent or
correct any
adverse
effects that the proposed new construction may
have
on
existing
surface or subsurface drainage. (b) If regulations are adopted under division (B)(3) of this
section, the board shall specify in the regulations a procedure
for the review of the specific effects of a proposed
new
construction on
existing surface or subsurface drainage. The
procedure shall
include at a minimum all of the following:
(i) A meeting at which the proposed new construction shall
be
examined for those specific effects. The meeting shall be held
within
thirty days after an application for a building permit is
filed
unless the applicant agrees in writing to extend that time
period
or to postpone the meeting to another date, time, or place.
The
meeting shall be scheduled within five days after an
application
for a building permit is filed. (ii) Written notice of the date, time, and place of that
meeting, sent by regular mail to the applicant. The written
notice shall be mailed at least seven days before the scheduled
meeting date. (iii) Completion of the review by the board of county
commissioners not later than thirty days after the application for
a building permit is filed unless the applicant has agreed in
writing to extend that time period or postpone the meeting to a
later time, in which case the review shall be completed not later
than two days after the date of the meeting. A complete review
shall include the issuance of any order of the board of county
commissioners regarding necessary reasonable drainage mitigation
and
necessary reasonable alterations to the proposed
new
construction
to prevent or correct any adverse effects on existing
surface
or
subsurface drainage. If the review is not completed
within the
thirty-day period or an extended or postponed period
that the
applicant has agreed to, the proposed new construction
shall be
deemed
to have no adverse effects on existing surface or
subsurface
drainage, and those effects shall not be a valid basis
for the denial of a
building permit. (iv) A written statement, provided to the applicant at the
meeting or in an order for alterations to a proposed new
construction,
informing the applicant of the right to seek
appellate review of
the denial of a building permit under division
(B)(3)(b)(iii) of
this section by filing a petition in accordance
with Chapter 2506.
of the Revised Code.
(c) The regulations may authorize the board to enter into
an agreement with the county
engineer or another
qualified
person
or
entity to carry out
any necessary
inspections and make
evaluations about what, if any,
alterations
are
necessary to
prevent or correct any adverse
effects that a
proposed
new
construction may
have on existing
surface or
subsurface drainage. (d) Regulations authorized by division (B)(3) of this
section shall not apply to any property that has been approved by
a platting authority under section 711.05, 711.09, 711.10, or
711.131 of the Revised Code. (e) As used in division (B)(3) of this section, "subsurface
drainage" does not include a household sewage disposal system as
defined in section 3709.091 of the Revised Code. (B)(C) Regulations or amendments may be adopted under this
section only after public hearing at not fewer than two regular
sessions of the board. The board shall cause to be published in
a
newspaper of general circulation in the county notice of the
public hearings, including time, date, and place, once a week for
two weeks immediately preceding the hearings. The proposed
regulations or amendments shall be made available by the board to
the public at the board office. The regulations or amendments
shall take effect on the thirty-first day following the date of
their adoption.
(C)(D) No person shall violate any regulation of the
board
adopted under sections 307.37 to 307.40 of the Revised Code.
Each day during which an illegal location, erection,
construction, floodproofing, repair, alteration, development,
redevelopment, or maintenance continues may be considered a
separate offense. (D)(E) Regulations
or amendments adopted by resolution of
the
board do
not
affect buildings or structures that exist or on
which
construction has begun on or before the date the regulation
or
amendment is adopted by the board.
(E)(F) The board may provide for a building regulation
department and may employ
such personnel
as that it determines to be
necessary for the purpose of enforcing its regulations.
Upon
certification of the building department under section 3781.10 of
the Revised Code, the board may direct the county building
department to exercise enforcement authority and to accept and
approve plans pursuant to sections 3781.03 and 3791.04 of the
Revised Code for any other kind or class of building in the
unincorporated territory of the county.
Sec. 711.131. Notwithstanding
sections
711.001 to 711.13 of
the Revised Code, a proposed
division of a parcel of land along an
existing public street, not
involving the opening, widening, or
extension of any street or
road, and involving no more than five
lots after the original
tract has been completely subdivided, may
be submitted to the
authority having approving jurisdiction of
plats under
section 711.05, 711.09, or 711.10 of the Revised
Code
for approval without plat. If
the authority acting
through
a
properly designated representative
is satisfied
that
the
proposed division is not contrary to applicable
platting,
subdividing,
zoning,
or access management
regulations or regulations adopted under division (B)(3) of section 307.37 of the Revised Code regarding existing surface or subsurface drainage, it shall
within seven working
days after submission
approve
the proposed
division and, on
presentation of a
conveyance of
the parcel,
shall stamp the
conveyance
"approved by (planning authority); no
plat required" and have it
signed by its clerk, secretary, or
other official as may be
designated by it.
The planning authority
may require the
submission of a sketch and
other information
that
is
pertinent
to its determination
under this section.
Section 2. That existing sections 307.37 and 711.131 and section 4740.14
of the Revised Code
are hereby
repealed.
Section 3. The provisions of Section 1 of this act regarding
surface or subsurface drainage regulations shall not apply to any
property for which a plat is submitted for approval under section
711.05, 711.09, or 711.10 of the Revised Code, or for which a
proposed division is submitted for approval without plat under
section 711.131 of the Revised Code, on or before the effective
date of this act if the approval of the submitted plat or
proposed division is pending on the effective date of this act.
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