104.3 Certified Boards of Building Appeals Duties and Responsibilities
Before performing its duties, a jurisdiction wishing to establish a local board of building appeals shall receive certification by the board of building standards as required in Section 103.14.
Certified municipal and county boards of building appeals shall hear and decide the adjudication hearings referred to in Section 109.1 within the jurisdiction of and arising from orders of the local building official in the enforcement of Chapters 3781. and 3791. of the Revised Code and rules adopted thereunder. The orders may be reversed or modified by the board if it finds:
- The order contrary to such laws or rules;
- The order contrary to a fair interpretation or application thereof; or
- That a variance from the provisions of such laws or rules, in a specific case, will not be contrary to the public interest where literal enforcement of such provisions will result in unnecessary hardship.
The Ohio board of building appeals shall conduct the adjudication hearings in political subdivisions without certified boards or without contracts with certified boards.
A certified board of building appeals may not prohibit the use of materials or assemblages authorized for statewide use by the board of building standards pursuant to Section 3781.12 of the Revised Code.