Upon petition to the board of building standards by any person affected by the exercise of the authority granted under such certification, or by the board on its own motion, in accordance with division (E) of Section 3781.10 of the Revised Code, a department certification may be revoked or suspended with respect to any and all of the group classifications for which it is certified.
Upon receipt of a written complaint against a certified building department that is substantiated by demonstrable evidence or upon the board's own motion:
- The board shall decide whether the information submitted warrants causing a formal investigation to be initiated or sending a Notice of Public Hearing as outlined in item 4 below;
- If a formal investigation is warranted, the certified jurisdiction shall be notified that an investigation has been initiated by the board;
- Upon completion of the investigation, findings shall be reported to the board
- The board may dismiss the complaint, table the matter for future action, or initiate action to suspend or revoke the certification. If the board issues an order to suspend or revoke the certification it shall:
- 4.1. Notify the certified jurisdiction of the charges by certified mail, return receipt requested. The certified 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 certified jurisdiction that it may be represented by counsel at the hearing. Failure by the certified 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 the order revoking or suspending certification;
- 4.2. 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;
- 4.3. The board may appoint a hearing officer to conduct a hearing.
- 4.4. 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.
- 4.4.1. The hearing shall be conducted pursuant to the provisions of Sections 3781.10, 3781.101, and 119.09 of the Revised Code;
- 4.5. 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.
- Following the hearing, the board may dismiss the complaint or, when substantiated by the evidence, revoke or suspend the certification. When an order is upheld to revoke or suspend the certification, the party affected shall be sent a certified copy of the board's 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.
In the event of suspension or revocation of a building department certification, the jurisdiction shall, within fifteen days of being notified of such suspension or revocation, surrender to the secretary of the board of building standards the certificate previously issued under Section 103.2.4. The department, upon suspension or revocation, shall no longer hold out to the public that it is authorized to issue certificates of plan approval for the construction, repair, alteration of buildings or classes of buildings specified in Section 3781.06 of the Revised Code or for performing inspections for which it has been suspended or certification revoked.
In the event of the suspension or revocation of a building department certification, the enforcement duties shall be transferred to the division of industrial compliance or to the certified building department as approved by the board.