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RESOLUTION NO. 91-66 INTRODUCED BY: Mayor Carmen and Council as a Whole A RESOLUTION OPPOSING HOUSE BILL 186 WHICH WOULD ALLOW BUILDERS TO USE THE CHEAPEST AND MOST COMBUSTIBLE BUILDING MATERIALS AND DESIGN IN MULTI-FAMILY UNITS STATEWIDE AND PREVENT CITIES FROM REQUIRING BETTER BUILDINGS WHEREAS, under the most recent Ohio Court of Appeals interpretation of Ohio Law, local governments are permitted to establish construction standards which exceed the State of Ohio's minimum requirements for design and materials; [Clipson v. Board of Building Standards No. 90AP-11 (10th Dist. Ct. App., Franklin, 10-12-90) ]; and WHEREAS, House Bill 186, is now before the House Commerce and Labor Committee of the Ohio Senate; and WHEREAS, the purpose of this bill is to force a statewide single standard for construction materials and design of all buildings from which local government may not deviate; and WHEREAS, throughout the 88 counties of Ohio there are variable conditions which may call for various types of construction such as, the cost of real property, population density, building density, fire fighting capability, (response time, coverage, full time vs. part time fire department); and WHEREAS, local governments have an interest in regulating fire safety, sound transmission, lower maintenance costs, lower insurance costs, protection of investment dollars, protection of property values, elimination of unnecessary nuisances created by inadequate construction; and WHEREAS, the State minimum standards do not adequately address these concerns for Mayfield Village, which is attested to be the complaints registered by residents living in minimum standard buildings; and WHEREAS, the local government is in the best position to make judgments concerning local conditions which should be considered before establishing local building standards; now, therefore,