Ohio Administrative Code|Rule 4101:7-4-01 | Local boards of building appeals certification.

                                                
Before hearing and deciding the adjudication
		hearings referred to in section 109 of rule 4101:1-1-01 of the Administrative
		Code, local board of building appeals shall be certified by the board of
		building standards in accordance with this rule.
The list of certified local boards of building
		appeals shall be made available upon request and shall be posted on the
		boards website at http://www.com.ohio.gov/dico/bbs/.
(A) Application for certification, local
		  board of building appeals. Certification, direct or by contractual agreement,
		  shall be upon application to and on a form prescribed by the board of building
		  standards. Upon receipt of an application, the board of building
		  standards certification committee shall review the application and make
		  a recommendation to the board of building standards. The committee may ask for
		  additional information to be submitted by the applicant prior to making a
		  recommendation to the board. If the committee requests additional information
		  from the applicant, failure to submit the requested information within ninety
		  days from the date of the request may be cause for disapproval of the
		  application by the board. After receiving a recommendation from the committee,
		  a certification hearing on the application shall be conducted by the board of
		  building standards. An authorized representative of the municipality or county
		  seeking certification may be required to attend to give testimony to respond to
		  any questions from the board. The board shall give all interested persons
		  appearing at such certification hearing an opportunity to be heard. All persons
		  desiring to be heard at the certification hearing shall first be duly sworn or
		  affirmed and a record of the proceeding shall be made by the
		  board.
The application shall be submitted, at least two
		  weeks prior to a certification hearing, as an original and six copies with the
		  following information:
(1) A copy of the charter
			 provision, ordinance or resolution establishing the local board of building
			 appeals and providing for the appointments in accordance with paragraph (C) of
			 this rule;
Note: Certified building departments applying
			 for contractual agreement with a certified board of another political
			 subdivision shall submit a copy of the ordinance or resolution from each party
			 authorizing the contract along with a copy of the contract.
(2) The name and resume
			 of each member, including the date of appointment, term of office, professional
			 qualifications and experience necessary for membership.
(B) Local board of building appeals
		  certification, public hearing. Upon receipt of a complete application, a public
		  hearing on the application shall be conducted by the board of building
		  standards. An authorized representative of the municipality, township, or
		  county seeking certification may be present at the public hearing to give
		  testimony or respond to any questions from the board. The board shall give all
		  interested persons appearing at such public hearing an opportunity to be heard
		  and explain their positions. A record of the proceeding shall be made by the
		  board.
(1) Local board of
			 building appeals certification, approval or denial. If the application is
			 denied in whole or in part by the board of building standards, the appropriate
			 official in municipalities, board of township trustees in townships, or the
			 board of county commissioners in counties requesting certification shall be
			 notified in writing of such denial and the reason therefore and to their rights
			 of appeal pursuant to sections 3781.10, 3781.101, and Chapter 119. of the
			 Revised Code. The board of building standards upon review of the application
			 shall certify a local board of building appeals if:
(a) The applicant political subdivision has a building department
				certified pursuant to division (E) of section 3781.10 of the Revised Code and
				that certification is not by contract with another political
				subdivision;
(b) The board is established pursuant to municipal charter,
				ordinance or resolution; and
(c) The board membership meets the requirements of paragraph (C)
				of this rule.
(2) The board of building
			 standards upon review of the application shall certify a local board of
			 building appeals per contact with another certified board if:
(a) Both political subdivisions have authorized the contractual
				arrangement by ordinance or resolution and the contract properly executed
				reflects that arrangement; and
(b) The political subdivision applying for the contract has a
				building department certified pursuant to section 3781.10 of the Revised
				Code.
Exception: Building departments certified by
				contract with the county building department in accordance with section 3781.10
				of the Revised Code shall have the same board of appeals as that county.
(C) Composition and terms, local boards
		  of building appeals. The certified municipal and county boards of building
		  appeals shall consist of five members who are qualified as
		  follows:
(1) One attorney,
			 admitted to the Ohio bar;
(2) One architect,
			 registered in Ohio;
(3) One structural
			 engineer, registered in Ohio;
(4) One mechanical
			 engineer, registered in Ohio;
Note: each of these four members shall have
			 recognized ability, broad training and experience in problems and practice
			 incidental to the construction and equipment of buildings and
			 structures.
(5) One member
			 representing organized labor, knowledgeable in the construction and equipment
			 of buildings and structures.
Exception: Municipal boards may have more than
			 five members and need not have an attorney member if the municipal charter so
			 provided prior to October 13, 1983.
(D) Appointment. Members shall be
		  appointed for five year terms except that original appointments shall be for
		  terms of one, two, three, four and five years.
(E) Term. A member shall hold office from
		  date of appointment until the end of the appointed term; however, the member
		  shall continue in office following the term expiration date until a successor
		  takes office or until sixty days have elapsed, whichever occurs
		  first.
(F) Vacancies. Any member appointed to
		  fill a vacancy occurring before the expiration of a term shall hold office for
		  the remainder of that term.
(G) Reporting. Vacancies and new
		  appointments shall be reported to the board of building standards within thirty
		  days. Notification of new appointments shall include resumes, date of
		  appointment, term of office, qualifications and experience necessary for
		  membership. An annual report shall be submitted to the board of building
		  standards to provide the information required on the form provided by the board
		  of building standards.
(H) Local board of building appeals
		  certification, revocation. In accordance with division (E) of section 3781.20
		  of the Revised Code, a certification may be revoked upon receipt by the board
		  of building standards of a written complaint from any person affected by the
		  exercise of the authority granted under such certification, or by the board on
		  its own motion.
(1) Complaint process. When a written
			 complaint against a local board of building appeals has been received by the
			 board, investigated, and found justified:
(a) The board shall decide whether the information submitted
				warrants causing an investigation to be initiated or sending a notice of
				opportunity for hearing as outlined in paragraph (H)(1)(d) of this
				rule;
(b) If a formal investigation is warranted, the subject of the
				investigation shall be notified that an investigation has been initiated by the
				board;
(c) Upon completion of the investigation, findings shall be
				reported to the board.
(d) The board may dismiss the complaint, table the matter for
				future action, or initiate action to revoke the certification. If the board
				issues an order to revoke the certification it shall:
(i) Notify the
				  jurisdiction of the charges by certified mail, return receipt requested. The
				  jurisdiction shall be informed that a hearing, if desired, must be requested
				  within thirty days from the date of the mailing to request a hearing before the
				  board. The order shall inform the jurisdiction that counsel may represent the
				  certificate holder at the hearing. Failure by the jurisdiction to request a
				  hearing within thirty days from the date of the mailing of the notification may
				  cause the board, after a hearing, to uphold an order revoking
				  certification;
(ii) Schedule a hearing
				  to be held seven to fifteen days after receipt of the request, unless another
				  date is mutually agreed upon by both parties. The board may continue or
				  postpone the hearing upon application by the party or upon its own
				  motion;
(iii) The board may
				  appoint a hearing officer to conduct a hearing.
(iv) A hearing will be
				  conducted during which parties and witnesses can be examined and offer
				  testimony, in a manner that prevents unnecessary delay, and that ensures the
				  development of a clear and adequate record.
The hearing shall be conducted pursuant to
				  the provisions of sections 3781.10, 3781.101, and 119.09 of the Revised
				  Code;
(v) If a hearing officer
				  has been appointed, then within thirty days after the hearing, the hearing
				  officer shall submit a written report of the findings of fact and
				  recommendations to the board for its consideration.
(e) Following the hearing, the board may dismiss the complaint
				or, when substantiated by the evidence, revoke the certification. When an order
				is upheld to revoke the certification, the jurisdiction affected shall be sent
				a certified copy of the boards action and informed by certified mail,
				return receipt requested, that the jurisdiction may appeal the order within
				fifteen days to the court of common pleas in Franklin county pursuant to
				sections 3781.10, 3781.101, and 119.12 of the Revised Code.
(2) Local board of
			 building appeals certification, hearings and appeals. Hearings shall be held by
			 the board of building standards and appeals shall be permitted on any
			 proceedings for certification as provided in section 119.07 of the Revised Code
			 and in paragraphs (H)(1)(a) to (H)(1)(e) of this rule.
(3) Grounds for
			 revocation. The board of building standards on its own motion or upon receipt
			 of a written complaint from any person affected by the local board of building
			 appeals shall cause to be conducted such investigation to determine whether
			 there is an allegation implying one or more of the following:
(a) The presence of fraud;
(b) Failure to adhere to applicable procedures set forth in
				Chapters 119. and 3781. of the Revised Code or rules made
				thereunder;
(c) Failure to render decisions within thirty days of the
				hearing;
(d) Granting of variances to provisions of rules of the board not
				adopted pursuant to Chapters 3781. and 3791. of the Revised Code but mandated
				by other chapters of the Revised Code;
(e) Failure to notify organizations representing people with
				disabilities pursuant to section 3781.19 of the Revised Code;
(f) Failure to permit an appeal for a de novo hearing before the
				state board of appeals or a direct appeal to the court of common pleas pursuant
				to section 3781.19 of the Revised Code.
(4) Revocation. In the
			 event of the revocation of a certification, the jurisdiction shall no longer
			 hold out to the public or any jurisdiction that the jurisdiction is certified
			 to hear and decide the adjudication hearings referred to in section 110 of rule
			 4101:1-1-01 of the Administrative Code within the jurisdiction or holds the
			 board certification which has been revoked.