New home construction Ohio

 If you have clients that are building or plan to build a new home and need that new home inspected, choose Residential Building Inspectors LLC because we are certified on the Residential Code of Ohio 2006 and the National Electric Code 2005. These are the most resent codes being used.

Q. When does the Ohio Residential Code apply?

A. The new law is clear on several points that address this question. The Code

becomes effective on the 27th of May of 2006(1). After May 27th 2007, an owner is

only required by law to submit construction documents to certified residential

departments(2). The law then states, in the interim (between the 27th of May of 2006 and the 27th of May of 2007), that departments have one year in which they can enforce the RCO while obtaining their certification (3). If a department is in the

process of getting certified or in the process of obtaining a determination of conflict, it should review the RCO and use discretion in enforcing provisions that differ from the state code.

NOTES:

1) H.B. 175 uncodified Section 3. (B) The Committee and the Board shall agree to a code on or

before one hundred twenty days (September 27th, 2005) after the effective date of this section and

the Board shall adopt rules establishing that code as the state residential building code on or

before one hundred eighty days (November 27th, 2005) after the effective date of this section. (C)

The rules the Board adopts pursuant to division (B) of this section shall have no force or effect until

one year (May 27th, 2006) after the effective date of this section. (Dates added for clarity)

2) 3791.04(A)(1)(b) If no certified municipal, township, or county building department certified for

residential buildings pursuant to division (E) of section 3781.10 of the Revised Code has

jurisdiction, the owner is not required to make the submissions described in division (A)(1) of this

section.

3) H.B. 175 uncodified Section 4. Any building department that enforces a residential building code

on or before the effective date of this section and that wishes to enforce the residential building

code the Board of Building Standards adopts pursuant to this act may enforce the state residential

building code the Board adopts without being certified under section 3781.10 of the Revised Code

for not more than one year after that code becomes effective...

Q. What about changes that have been made to the current local residential code?

A. The law clearly specifies that jurisdictions cannot enforce a code that differs from

the RCO(1) and jurisdictions must submit local ordinances that address an area

already covered by or differ from the RCO for a determination of conflict as

required in 3781.01(1). The intent of the legislature was unmistakably that all

residential regulation be uniform throughout the state and "secure uniformity of

state administrative rulings and local legislation and administrative action"(2, 3).

Additionally, the legislature understood that this enabling legislation general law

and was enacted under its police powers and that the law promulgated out of

matters of statewide concern. Therefore, these regulations are not a part of the

home rule authority granted to jurisdictions by the legislature.

NOTES:

1) 3781.10(A) ...The rules governing residential buildings are uniform requirements for residential

buildings in any area with a building department certified to enforce the state residential building

code. In no case shall any local code or regulation differ from the state residential building code

unless that code or regulation addresses subject matter not addressed by the state residential

building code or is adopted pursuant to section 3781.01 of the Revised Code.

2) 3781.10(D) The board shall recommend rules, codes, and standards to help carry out the purposes

of section 3781.06 of the Revised Code and to help secure uniformity of state administrative

rulings and local legislation and administrative action to the bureau of workers' compensation, the

director of commerce, any other department, officer, board, or commission of the state, and to

legislative authorities and building departments of counties, townships, and municipal

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corporations, and shall recommend that they audit those recommended rules, codes, and

standards by any appropriate action that they are allowed pursuant to law or the constitution.

3) 3781.11(A)(1) For ... residential buildings, provide standards and requirements that are uniform

throughout the state, for construction and construction materials, including construction of

industrialized units, to make residential and nonresidential buildings safe and sanitary as defined

in section 3781.06 of the Revised Code;

4) H.B. uncodified Section 5. In enacting the legislation, the intent of the General Assembly is that

the provisions of this act are general laws created in the exercise of the state's police power,

arising out of matters of statewide concern, and are designed for the health, safety, and welfare of

contractors, their employees, and the public.