Board of Building Standards Proposed Code Revisions
The Ohio Board of Building Standards will convene for a public hearing in accordance with Chapter 119. of the Revised Code, at 10:00 A.M., Friday, April 14, 2017 in Hearing Room #1, at 6606 Tussing Road, Reynoldsburg, Ohio, 43068. The purpose of the hearing is to solicit testimony on proposed actions taken on select rules of the Administrative Code, identified as Amendments Group XCIII (93) pursuant to Chapters 119., 3781., 3791., and 4104. of the Revised Code.
A synopsis of the proposed rule changes is attached. The full text of the public hearing draft containing the proposed rules can be viewed on the Board’s website at the following link:http://www.com.state.oh.us/documents/bbs_CombinedPHDraft-AG93.pdf
Due its size, it may take a few moments to download.
Please contact the Ohio Board of Building Standards at 614-644-2613 with any questions.
Private Building Inspection: HB128
Building Code Bill Gets Hearing (SB 43)
The Senate Local Government, Public Safety & Veterans Affairs Committee took testimony, March 7 regarding SB43 which would enable limited home rule townships to adopt building codes regardless of any similar codes adopted by the county in which the township resides.
The bill’s sponsor, Sen. Kevin Bacon (R-Minerva Park) said his proposal would let residents and businesses in certain limited home rule townships obtain building permits at the township level, which would be more convenient than seeking permits from county departments.
He said the change was requested by Blendon Township, which would like to adopt its own codes.
He said that township has a commercial building department because Franklin County doesn’t have one, but is unable to open a residential building department because the county does have a residential operation.
Having both departments, he said, would make the process more efficient because Ohioans would only have to visit one jurisdiction to address all their permit needs. The change, he added, would allow builders to work with a single inspector on all projects.
Sen. Bacon told Sen. Bob Hackett (R-London) that the bill would not address any local zoning restrictions.
Sen. Vernon Sykes (D-Akron) questioned whether counties and townships could come to different decisions on permit applications. Sen. Bacon said the codes would be similar, but acknowledged that different people could have different views on code interpretation.
The sponsor also told Sen. Sykes that there is nothing in the bill that lets counties object to qualifying townships creating their own departments.
Responding to Sen. Joe Uecker (R-Loveland), Sen. Bacon said the proposed structure is similar to the process that many cities already follow, in which the county is not involved.
Sen. Frank Hoagland (R-Adena) said he has experience in residential and commercial construction, and raised concerns that the shift could “muddy the waters” in terms what governmental entity is responsible for permitting. “This could become an extreme nightmare if we make it more convoluted than it already is,” he said.
Sen. Bacon said it is his goal that the bill makes the process go more smoothly, not create confusion. “We’re changing nothing about the process,” he added, noting that the bill only creates new township authority.
Sen. Sykes said he wanted to avoid potential conflicts between counties and townships, and asked why the bill declares that township codes will prevail.
Sen. Bacon said that issue would be reviewed.
Budget Bill Would Mitigate Registration Board Anti-Trust Vulnerabilities
Ohio’s Budget Bill (HB49) contains provisions that address the 2015 U.S. Supreme Court decision against the North Carolina Board of Dental Examiners that ruled they violated federal antitrust laws because members of the state’s dental board were active participants in the profession they regulated.
Due to this Supreme Court ruling, certain vulnerabilities have been identified in Ohio’s current licensing system. HB49 proposes the creation of a third-party review process by the Department of Administrative Services (DAS), in which the DAS would review any action taken by or on behalf of a board that could be subject to antitrust laws. Not only would this protect boards from costly legal action for antitrust-related concerns, it would also prevent unnecessary delays in business decisions the boards make and promote better coordination and efficiency within the licensing boards structure.
Following are the details governing DAS Antitrust review:
- Requires the Director of Administrative Services to review and approve or disapprove actions or proposed actions that have been referred to the Director and that may have antitrust implications taken by boards and commissions.
- Voids an action or proposed action disapproved by the Director.
- Allows a board or commission that has taken or proposes to take an action, person who is affected or is likely to be affected by an action taken or proposed to be taken by a board or commission, or a person granted a stay in court under the bill to refer an action for review by the Director.
- Allows a party adversely affected by the Director’s approval or disapproval to appeal to the Franklin County Court of Common Pleas.
- Requires a person to obtain a determination from the Director before pursuing a court action for a violation of antitrust laws and grants the state, a board or commission, or a member of a board or commission the right to request a stay of antitrust proceedings pending in a court that lasts until the Director approves or disapproves the action.
- Requires the Director to adopt rules under the Administrative Procedure Act to implement and administer the bill’s review provisions.
Proposal To Sunset School Facilities Commission Won’t Impact Projects, Director Says
Eliminating the Ohio School Facilities Commission moniker would alleviate confusion and improve efficiency, Executive Director David Williamson told a House subcommittee Thursday.
The commission currently operates inside the Facilities Construction Commission, of which Mr. Williamson also serves as the executive director.
He said the biennial budget (HB 49) proposal to sunset OSFC wouldn’t change the school facilities funding work that’s already underway – all of which is already being completed by umbrella commission OFCC.
“The commission within a commission structure breeds confusion among stakeholder groups when trying to figure out with which commission to deal and has contributed to operational inefficiencies and costs,” Mr. Williamson told the House Finance Primary and Secondary Education Subcommittee on Thursday.
He said the change will also streamline operations because both commissions currently hold back-to-back quarterly meetings attended by the same staff members and draft similar administrative rules.
“It has an additional advantage of alleviating the potential complicated legal issues that arise from having two legal entities – with confusing areas of authority – to engage in legal actions or file suit against, or on behalf of, if and when such conditions arise,” Mr. Williamson said.
Under the change, the OFCC will still consist of Office of Budget and Management and Department of Administrative Services directors as well as an appointed member of the governor’s cabinet.
Current appointees are Superintendent of Public Instruction Paolo DeMaria, who serves on OSFC, and Department of Rehabilitation and Correction Director Gary Mohr, who serves on OFCC.
Mr. Williamson told the subpanel that he would work with the legislature if it chooses to appoint lawmakers to serve as non-voting members on the commission.
The executive budget also expands the entities that can seek approval from OFCC to manage their own capital improvement projects that cost less than $1.5 million. They include the Department of Administrative Services, the Ohio School for the Deaf and the Ohio School for the Blind.
“The approval of this language would allow these entities to manage their small dollar projects under applicable laws and rules without the supervision or control of the Ohio Facilities Construction Commission,” Mr. Williamson said. “It would bring consistency with the practices found in other state agencies.”
The commission would also be permitted under the budget bill to debar construction firms as well as specific individuals associated with those firms from seeking work on state contracts.
Mr. Williamson noted that the Department of Transportation director has such authority and the bill’s language is taken from that statute.
“Currently, if a construction firm is debarred, there is nothing that prohibits the owners of that company from simply starting a new company and then competing for work, which effectively negates the purpose of the debarment,” he said.
The governor funded the commission to the tune of $424 million in Fiscal Year 2018 and $455 million in FY 2019.
Much of those dollars will pay the debt service on K-12 and cultural facility bond projects, which are estimated at $398.3 million in FY18 and $437.9 million in FY19, Mr. Williamson said.
OFCC’s work is given life in the capital budget, which previously appropriated $716.8 million for construction projects, including $650 million that’s designated for K-12 school facilities assistance projects.
Since 2011, the commission has completed work in 78 school districts and opened 270 new or renovated school buildings, Mr. Williamson said. It has also overseen historical facilities and completed 175 state agency projects.
The commission is currently in the active planning stages with 56 school districts, four state agencies and one community college, he added.
“We are proud of the work our staff has accomplished thus far, and are eager to continue the programs and responsibilities entrusted to us by the General Assembly and administration,” Mr. Williamson said.
Lawmakers Look to Accelerate School Facilities Program from Last Session
Lawmakers are hoping to create a school facilities program to help districts with little prospect of getting traditional facilities assistance the option of smaller amounts to address technology and security needs.
Sens. Randy Gardner (R-Bowling Green) and Lou Terhar (R-Cincinnati) testified Wednesday on their SB8 in the Senate Education Committee. Rep. Steve Arndt (R-Port Clinton) testified Tuesday on his HB37.
Gardner said his measure’s place among the first Senate bills to be introduced this session reflects the priority members of the chamber are placing on it, noting it’s something lawmakers tried to address in 131-SB3 (Faber-Hite). Language in that bill, largely meant to be a de-regulation measure for schools, requires the Ohio School Facilities Commission (OSFC) to develop a proposal for how it could provide funding for technology and safety to districts that haven’t participated in the traditional Classroom Facilities Assistance Program (CFAP).
“I would argue it’s SB8 for a reason. It means it’s going to receive serious consideration,” Gardner said.
Gardner said many school districts are so far down the list or are projected to have such a low state share of funding that CFAP isn’t a viable option, but they nonetheless have some specific facilities needs.
“We know there are a number of districts in the state that are not likely to participate in that program, or if they do they will be many, many years away,” he said.
Terhar said safety and security should be a priority at all schools, while schools also need help keeping up with technological change.
“When we have kids sitting on the bus on a smartphone that could run the space shuttle, and then go into a classroom and we’re back to pencils and paper … that’s absolutely nonsensical,” Terhar said.
Gardner said he wants to work collaboratively with OSFC and the administration, noting the bill is very short because it leaves many of the details to OSFC.
Sen. Bill Coley (R-West Chester) asked if it should be open to all schools, not just public schools. Gardner said he wasn’t sure of the details of how that would work but said he wants to maximize the benefit of the program.
Sen. Peggy Lehner (R-Kettering), the chair of the committee, noted there’s unused charter school facilities funding left over from the current operating budget.
Bill would designate the barn as Ohio’s first official historical architectural structure
Representative Anne Gonzales has introduced a bill into the Ohio House of Representatives that would designate the barn as the official historical architectural structure of the state.
During a February 14 Hearing for HB 12 before the House State and Local Government committee, Rep. Gonzales said that the bill is the work of five students from the Westerville City Schools Gifted Education Program. These students felt strongly that the barn should be designated the official historical architectural structure of the state of Ohio. “I believe that it is important to cherish and preserve the architectural relics that are such an important part of our rural heritage,” Rep. Gonzales said. In response to Chairwoman Anielski’s inquiry, Rep. Gonzales said that the barn would be the first architectural structure categorized as a historical structure in Ohio and that the eighth grade students who approached her intend to give testimony at a later hearing.
Rep. Perales commended Rep. Gonzales for her efforts to engage students.
House Advances School Facilities Funding Bills
On November 29 the Ohio House of Representatives approved HB 148 which wold require the School Facilities Commission to give districts priority project funding if they’ve recently transferred, merged or consolidated operations.
The OSFC bill would incentivize merged districts to seek construction program money from the state to build new and innovative classrooms as well as partner with universities that offer College Credit Plus, joint sponsor Rep. John Patterson (D-Jefferson) said. The measure advanced with a 74-15 vote.
Under the bill, the commission would determine the state share of project funding based on the lowest percentage of the merged districts. It would also allow OSFC to reduce the share by up to 25% for efficient project features and by another 10% if the new building is on the same land as a state higher education institution.
“If you’re going to consolidate, it doesn’t make sense not to have new buildings, better buildings more efficiency,” Rep. Patterson said. However, districts that are consolidating because of declining enrollment can rarely afford or find community support in the form of a tax increase to construct new campuses.
Update: Proposed Consolidation of Architect & Landscape Architect Boards
AIA Ohio has closely monitored the possible consolidation of the Ohio Architects and Landscape Architects Boards. The State Budget Bill (HB64)–introduced in February, 2015– proposed combining these two Boards which AIA Ohio opposed. A compromise in the final Budget Bill mandated a Sunset Review Commission study of the issue as well as an investigation into which of Ohio’s many state boards and commissions should be abolished or combined. Following many hearings, during which AIA opposed combining the Architect and Landscape Architect Boards, the Review Commission’s recommendations were included in HB 471. The recommendations proposed to abolish numerous boards and commissions and to combine most medical-related boards. Culminating many House and Senate hearings on the bill, last night (Nov. 30) the Senate Government Oversight and Reform Committee recommended what likely will become the final version of the bill (Substitute HB 471). It does not mention the Architect or Landscape Architect Boards.
The bill will now goes to the Senate floor and, if approved, back to the House for its concurrence in Senate amendments before going to the Governor for his signature.