Chapter 4101:13-1 Board of Building Appeals

4101:13-1-01 Official address of the board of building appeals.

The board of building appeals shall maintain its official office in the department of commerce, division of industrial compliance, at its official address.

R.C. 119.032 review dates: 07/05/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 3781.19

Rule Amplifies: 3781.031 , 3781.19

Prior Effective Dates: 12/29/78, 3/1/96, 9/1/00

4101:13-1-02 Quorum.

A majority of the members of the board of building appeals constitutes a quorum to transact business, and any vacancy shall not impair the right of the remaining members to exercise all of the powers of the board so long as a majority remains.

R.C. 119.032 review dates: 07/05/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 3781.19

Rule Amplifies: 3781.19

Prior Effective Dates: 12/29/78, 9/1/00

4101:13-1-03 Filing of documents.

Each notice of appeal, application, or other document to be filed with the board of building appeals shall be filed at the official office of the board. Such filing means the actual delivery to the office of said notice of appeal, application, or other document.

R.C. 119.032 review dates: 07/05/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 3781.19

Rule Amplifies: 3781.19

Prior Effective Dates: 12/29/78, 9/1/00

4101:13-1-04 Appeal from orders enforcing the Ohio Building Code and Ohio Fire Code.

Every notice of appeal must be filed within thirty days of the mailing date of the adjudication order or thirty days from the receiving date of the fire citation. The notice of appeals must set forth in a legible manner the following information:

(A) The name and address of the applicant or appellant.

(B) The name of the officer or body issuing the order and also include a copy of the adjudication order or citation.

(C) The reason for the appeal, any supporting documents or other pertinent information, and the relief sought.

Effective: 09/20/2005
R.C. 119.032 review dates: 07/05/2005 and 07/10/2010
Promulgated Under: 119.03
Statutory Authority: 3781.19
Rule Amplifies: 3781.031 , 3781.19
Prior Effective Dates: 12/29/78, 3/1/96, 9/1/00

4101:13-1-05 Motions, applications, and requests.

After the docketing of an appeal, and at any time prior to its final adjudication, any motion, application, or request addressed to the board of building appeals in such proceeding must be submitted in writing. When any such motion, application, or request draws in question any fact not apparent from the original papers, transcript, or record, such motion, application, or request must be accompanied by a memorandum displaying such fact.

R.C. 119.032 review dates: 07/05/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 3781.19

Rule Amplifies: 3781.19

Prior Effective Dates: 12/29/78, 9/1/00

4101:13-1-06 Calendar.

The executive secretary of the board of building appeals shall cause to be prepared an agenda of the proceedings to be heard at the office of the board in Columbus or elsewhere. The calendar proceedings to be heard in Columbus or elsewhere will be called at eight-thirty a.m. unless otherwise previously designated. Only those matters scheduled on said agenda shall be heard.

Effective: 09/20/2005
R.C. 119.032 review dates: 07/05/2005 and 07/10/2010
Promulgated Under: 119.03
Statutory Authority: 3781.19
Rule Amplifies: 3781.19
Prior Effective Dates: 12/29/78, 9/1/00

4101:13-1-07 Notice of hearing.

When a proceeding has been placed upon the calendar the board will, not less than five days in advance, notify the parties of the place where, and the date and time when, it will be called for hearing.

R.C. 119.032 review dates: 07/05/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 3781.19

Rule Amplifies: 3791.19

Prior Effective Dates: 12/29/78, 9/1/00

4101:13-1-08 Continuances.

Continuances and adjournments may be ordered by the board on its own motion, or may be granted by it on motion or application of either party filed in writing and showing good and sufficient cause therefor. Any such motion must be directed to the board and may be acted upon by the board or by the executive secretary of the board.

Effective: 09/20/2005
R.C. 119.032 review dates: 07/05/2005 and 07/10/2010
Promulgated Under: 119.03
Statutory Authority: 3781.19
Rule Amplifies: 3781.19
Prior Effective Dates: 12/29/78, 9/1/00

4101:13-1-09 Meetings.

The board will meet at its official office each month, or at such other time and place as necessary at the call of the chairman.

R.C. 119.032 review dates: 07/05/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 3781.19

Rule Amplifies: 3781.19

Prior Effective Dates: 12/29/78, 9/1/00

4101:13-1-10 Stipulations.

The parties may, by stipulation, in writing filed with the board or orally presented at the hearing, agree on any facts involved in the proceedings, but the board may thereafter require development of any fact necessary to a proper determination of a controversy.

R.C. 119.032 review dates: 07/05/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 3781.19

Rule Amplifies: 3781.19

Prior Effective Dates: 12/29/78, 9/1/00

4101:13-1-11 Exhibits.

The parties may present any exhibits deemed necessary as part of their testimony.

R.C. 119.032 review dates: 07/05/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 3781.19

Rule Amplifies: 3791.19

Prior Effective Dates: 12/29/78, 9/1/00

4101:13-1-12 Procedure for notice of public meetings.

(A) The board of building appeals shall give notice of all public meetings as provided for in division (F) of section 121.22 of the Revised Code.

(B) This notice shall be filed with the superintendent of the department of commerce, division of industrial compliance, stating the time, place, and purpose of each regularly scheduled meeting and the time, place, and purpose of each special meeting called by the board of building appeals. Any person may determine the time, place, and purpose of any meeting by writing to the executive secretary of the board at its official office.

(C) Any person may, upon payment of an annual fee of fifteen dollars, obtain advance notification of all meetings at which any specific type of public business is to be discussed or may request to be placed upon a general subscription mailing list. The executive secretary of the board of building appeals shall maintain a list of all persons who have requested such notification. Such notice shall be mailed no later than seven calendar days prior to the day of the meeting.

(D) The board of building appeals shall maintain a list of news media which have requested in writing to be given advance notice of all public meetings. This advance notice shall be given at least seven days prior to the public meeting. In the event of a special meeting by the board, the news media shall be given at least twenty-four hours advance notice. If there is an emergency, the board shall give the news media who have requested it immediate notification.

R.C. 119.032 review dates: 07/05/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 3781.19

Rule Amplifies: 3781.031 , 3781.19

Prior Effective Dates: 12/29/78, 3/1/96, 9/1/00

4101:13-1-13 Fees for filing and processing of appeals.

(A) An administrative fee of two hundred dollars shall be charged for the filing and processing of all appeals on adjudication orders issued pursuant to Chapters 3781., 3791., and sections 3737.41 , 3737.42 , 4104.02 , 4104.06 , 4104.43 , 4104.44 , 4104.45 , 4105.011 , and 4105.11 of the Revised Code.

(B) A check or money order payable to the treasurer, state of Ohio shall be submitted with the request for appeal.

(C) The board at its own discretion may waive the administrative fee and order a refund.

R.C. 119.032 review dates: 07/05/2005 and 07/01/2010

Promulgated Under: 119.03

Statutory Authority: 3781.19

Rule Amplifies: 3781.031 , 3781.19

Prior Effective Dates: 1/1/90, 6/1/95, 3/1/96, 9/1/00, 11/1/04