Ohio Rev. Code » Chapter 3781
Ohio Revised Code

Ohio Rev. Code § 3781.01 (2026)

Municipal corporation may make additional regulations

✓ current as of May 2026
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Effective:
May 27, 2005
Latest Legislation:
House Bill 175 - 125th General Assembly
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(A) Chapters 3781. and 3791. of the Revised Code do not prevent the legislative authority of a municipal corporation from making further and additional regulations, not in conflict with those chapters or with the rules the board of building standards adopts. Those chapters or rules do not modify or repeal any portion of any building code adopted by a municipal corporation and in force on September 13, 1911, that is not in direct conflict with those chapters or rules.

(B) The state residential building code the board of building standards adopts pursuant to section 3781.10 of the Revised Code does not prevent a local governing authority from adopting additional regulations governing residential structures that do not conflict with the state residential building code if the procedures in division (C) of this section are followed.

(C)(1) A local governing authority shall, and any person may, notify the board of building standards of any regulation the local governing authority adopts pursuant to division (B) of this section and request the board of building standards to determine whether that regulation conflicts with the state residential building code.

(2) Not later than sixty days after receiving a notice under division (C)(1) of this section, the board shall determine whether the regulation conflicts with the state residential building code and shall notify any person who submitted the notice and the local governing authority that adopted the regulation of the board's determination.

(a) If the board determines that a conflict does not exist, the board shall take no further action with regard to the regulation. If the board determines a conflict exists and the regulation is not necessary to protect the health or safety of the persons within the local governing authority's jurisdiction, the regulation is not valid and the local governing authority may not enforce the regulation.

(b) If the board determines that a conflict exists and that the regulation is necessary to protect the health or safety of the persons within the local governing authority's jurisdiction, the board shall adopt a rule to incorporate the regulation into the state residential building code. Until the rule becomes a part of the state residential building code, the board shall grant a temporary variance to the local governing authority and any similarly situated local governing authority to which the board determines the temporary variance should apply.

(D) As used in this section, "local governing authority" means a board of county commissioners, a board of township trustees, and the legislative authority of a municipal corporation.
Notes of Decisions
Cited in 8 cases, 1983–2012 · leading case: C.D.S., Inc. v. Vill. of Gates Mills, 497 N.E.2d 295 (Ohio 1986).
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C.D.S., Inc. v. Vill. of Gates Mills, 497 N.E.2d 295 (Ohio 1986). “) See, also, R.C. 3781.01; Myers v. Cincinnati (1934), 128 Ohio St.”
City of Middleburg Heights v. Ohio Bd. of Bldg. Standards, 1992 Ohio 11 (Ohio 1992). “* * * ” R.C. 3781.01. Appellant argues that the inclusion of the word “uniform” in various sections of the chapter prior to the term “minimum standards” prevents a locality from adopting any ordinance pertaining to the same subject matter as the state rules.”
Am. Fin. Servs. Ass'n v. City of Cleveland, 112 Ohio St. 3d 170 (Ohio 2006). “2d 66 , we considered a state statute, R.C. 3781.01, that established minimum uniform building requirements, which provided that a municipality could make further and additional regulations not in conflict with the state statute.”
City of Dublin v. State, 909 N.E.2d 152 (Ohio Ct. App. 2009). “R.C. 3781.01(C)(2)(a) invalidates a conflicting local building code when “the regulation is not necessary to protect the health or safety of the persons within the local governing authority’s jurisdiction.”
Parma v. Bambeck, 2012 Ohio 171 (Ohio Ct. App. 2012). “{¶ 25} R.C. 3781.01 reveals that “[t]he state residential building code * * * does not prevent a local governing authority from adopting additional regulations governing residential structures that do not conflict with the state residential building code * * *.”
In Re Hearing of the Cincinnati Certified Bldg. Dep't, 461 N.E.2d 11 (Ohio Ct. App. 1983). “Cincinnati has its own building code which is substantially identical to the State Building Code, as is proper pursuant to R.C. 3781.01. The Cincinnati Building Department is.”
City of Springdale v. Ohio Bd. of Bldg. Standards, 570 N.E.2d 268 (Ohio 1991). · cites it 5× “However, R.C. 3781.01 limits such authority to regulations not inconsistent with the Ohio Building Code.”
Clipson v. Ohio Dep't of Indus. Relations, 591 N.E.2d 1260 (Ohio Ct. App. 1990). “R.C. 3781.01 authorizes municipal corporations also to adopt building regulations and provides: “Chapters 3781.”
— Ohio Rev. Code § 3781.01(C)(2)(a) — 1 case
City of Dublin v. State, 909 N.E.2d 152 (Ohio Ct. App. 2009). “R.C. 3781.01(C)(2)(a) invalidates a conflicting local building code when “the regulation is not necessary to protect the health or safety of the persons within the local governing authority’s jurisdiction.”
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