holding that when local building ordinances are more strict than state statutes, they are in conflict and are superseded by the state statutes
How later courts described this case
- holding that when local building ordinances are more strict than state statutes, they are in conflict and are superseded by the state statutes
- local ordinance that imposed higher standards for building construction “would defeat the avowed purpose of the state building code to encourage standardization of construction methods”
Written by the judges who cited it.
The opinion
William B. Brown, J.,
dissenting. R. C. 3781.10(A) provides that rules formulated and adopted by the Ohio Board of Budding Standards “***shall be the lawful minimum requirements specified for such buildings or industrialized units* * *.” (Emphasis added.) R. C. 3781.10 makes it plain to me the General Assembly could not have intended for the Ohio *370 Basic Building Code (OBBC) to supersede any municipal ordinance which imposes more restrictive standards of construction. This view is reflected in the OBBC itself, which defines “Conflict with OBBC” as “ * * *legislation, or a rule, or a condition which is at variance with OBBC to the extent or in a manner that such legislation, rule, or condition permits or constitutes a provision for safety or sanitation which would be, or is less safe or sanitary than is required under OBBC.” (Emphasis added.) Ohio Adm. Code 4101:2-1-02.