Sponsor Explains Need for Third Party Building Inspections (HB128)
The bill that would authorize third party building inspections, HB 128 received a sponsor’s hearing April 25 in the House Economic Development, Commerce and Labor Committee.
Rep. Kristina Roegner (R-Hudson) gave sponsor testimony on the legislation that she said would give a common sense solution to expanding the base of inspection to avoid costly delays. She said no matter how efficient and organized a construction company may be, if the inspections are delayed, it holds up progress on the project.
Under current law, the Board of Building Standards formulates and adopts rules governing the erection, construction, repair, alteration and maintenance of buildings, she said. The rules are incorporated into residential and non-residential codes. The board then certifies local building departments and the personnel of these departments as well as individuals, corporations and firms to approve plans and perform inspections. The building inspections currently must be performed by the local building department, she said, but if there are backlogs or personality conflicts, the lack of choice can cause unnecessary and expensive delays.
The bill would specify that inspections, performed by the building department having jurisdiction, must be performed within 24 hours of a request. The general contractor or owner of a building may request an independent inspection, and the Board of Building Standards shall provide a list, which it will maintain, of board-certified, third party, private inspectors and certified building departments from which the contractor may choose. The contractor/owner would still be responsible for inspection fees to the third party, and the local building department may still charge the general contractor/owner any standard fee customary for approval including administrative and filing fees. The third party inspector would be required to send a copy of the inspection results within 24 hours post-inspection to the local building department.
The bill also specifies that local building departments may contract with the division of industrial compliance to exercise enforcement authority, accept and approve plans/specifications and perform inspections for non-residential buildings. It provides for an expedited arbitration process in which a general contractor/owner may appeal inspection results.
During the hearing Rep. Lepore-Hagan asked if the bill would constitute a cut to local governments. Roegner said the bill does not address any funding. She noted that if a contractor or owner uses a third-party inspector, that local government can still charge application and other fees. Lepore-Hagan also said she is concerned that the bill would privatize government services. Roegner said the bill provides choice, and competition can only drive up quality. She also said the contractors could choose a building department from a neighboring jurisdiction.
Lepore-Hagan asked if a situation would be created where a friend of the contractor would do the inspection and be lenient. Roegner said the list of third party inspectors would be certified by the state and any wrong-doing could cause them to lose certification. She also said contractors could also have a situation like that under current law with a friend in the local building department. “I really do not believe that will be an issue,” she said.
Rep. West asked if local governments could farm out inspections under current law. Roegner said they can but a contractor could not do it independently. West also asked if Roegner had talked to local governments about the bill. The sponsor replied that she had talked to the Ohio Municipal League, who has some concerns, but has been at the table.
Rep. Arndt said the 24-hour deadline seems to be a tight period to complete the work. Roegner said she is drafting an amendment to address those issues so there won’t be a time squeeze. She said they want to be reasonable but also put into place best practices.
She told Rep. Kelly that she didn’t have any statistics on how often inspections are delayed or the cost of those delays, but she said it will be interesting to see what proponents have to say about the bill.
She told Rep. Stein that the bill is silent on penalties for violating the 24-hour rule.
She told Rep. Sheehy that she was approached about the issue by several construction companies and contractors. She said they are concerned about retaliation if they complain about lags in building inspections to the Board of Building Standards.
Township Building Code Bill Gets Hearing (SB43)
Pro and con testimony regarding SB43 was heard March 28 by the Senate Local Government Committee. SB43 would enable limited home rule townships to adopt building codes regardless of any similar codes adopted by the county in which the township resides.
Testimony against SB43 was given by Brad Cole, managing director of research for the County Commissioners Association of Ohio (CCAO). Testimony in support of the bill was given by Vincent Squillace, executive vice president of the Ohio Home Builders Association (OHBA). Written proponent testimony was submitted by Andrew Glenn, a trustee for Springfield Township in Lucas County.
Cole said, “CCAO is concerned about the duplication of services … Encouraging townships to establish parallel building departments that compete against existing county building departments for the limited business of performing inspections and issuing building permits would appear to be contrary to the overall objective of achieving greater efficiency in local government services… Another potential issue is the consistency of services …”
Chairman Uecker pointed out that Hamilton County has a robust building department despite multiple municipalities with their own departments. Sen. Terhar said Hamilton County also contains charter townships. Cole admitted he had not reached out to all counties, and agreed to meet with Uecker to discuss CCAO’s concerns further.
Squillace said OHBA wants the bill to make clear that charter townships must have exactly the same standards and rules as the county building department. Uecker requested that he submit a written copy of his testimony.
Glen wrote, “We have a very business friendly approach in our township … The building department in Lucas County treats people exactly opposite from how they are treated in our office… Several cities and villages in Lucas County have exercised their option to get away from the Lucas County Building Department by either creating their own department, or contracting with another department for permitting and inspections within their jurisdictions. It makes perfect sense to give townships that same option… another benefit of SB43 would actually be to improve the level of customer service within the county building departments through competition.”
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.
Ohio Architects Board Budget Hearing
The Ohio House Finance Committee took testimony March 7 regarding the Ohio Architect Board’s proposed budget. John Rademacher, AIA, a member of the Ohio Architects Board and a past president, gave testimony on behalf of Amy Kobe, the director of the Ohio Architects Board and the Landscape Architects Board, who was unable to testify because she was also recovering from knee replacement surgery. Kobe submitted written testimony that Rademacher read.
In the FY18-19 biennium, the board projects total revenues of approximately $1.24 million. It has a FY18 of $576,916, a 5.2 percent increase over FY17 and $604,765 for FY19, for a total request of $1.18 million.
Rademacher noted a number of cost increases, including a 12 percent payroll increase from FY16 to FY18; an increase in rent by 10 percent, going from $14,000 in FY14 to an estimated $33,000 in FY19; the cost of eLicense increasing from $3,122 in FY17 to $18,771 beginning in FY19; and the cost of the FY18-19 audit going up to $12,300, compared to an FY12 cost of $6,500.
He said the board is thought of as one of the top architectural boards in the country, and is focused on customer service and making business easier to do in the state.
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.
Fair Housing Accessibility FIRST Webinars
Fair Housing Accessibility FIRST, with the US Department of Housing and Urban Development, is offering design and construction webinars this spring in addition to their in-person training seminars. Click the links below for information on how to register.
April 12, 2017, 12:30 PM to 2:00 PM CT – Dwelling Unit Requirements
April 26, 2017, 12:30 PM to 2:00 PM CT – Accessible Routes
May 10, 2017, 12:30 PM to 2:00 PM CT – Accessible Public and Common Use Areas
June 14, 2017, 12:30 PM to 2:00 PM CT – Common Design and Construction Violations and Solutions
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.
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.