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CITY OF NORTH OLMSTED BOARD OF BUILDING CODE APPEALS FINDINGS AND ORDER Applicant: Ronald Claus (RC Services LLC) Date of Hearing: October 19, 2009 Address: 5519 Declcer Road, North Olmsted, OH 44070 APPEAL FROM BUILDING COMMISSIONER'S DENIAL OF RESIDENTIAL CONTRACTOR'S LICENSE AND/OR REQUEST FOR VARIANCE FROM SUCH APPLICATION OF NOCO 1317.04(d) &(f) Applicant presents a request for review by the Board pursuant to NOCO Section 1317.04(g) as follows: 1. An appeal from the decision of the Building Commissioner dated September 14, 2009, which refused to approve Certificate of Registration for local licensing pursuant to Section 1317.04(d )&( fl; and/or 2. For a variance from Section 1317.04(d)(3), specifically the requirement of a State of Ohio, commercial HVAC license as a prerequisite to issuance of a City of North Olmsted, residential HVAC license. BOARD FINDINGS: The BBCA finds that the Appeal andlor Variance is not supported by substantial, reliable and probative evidence, specifically that: 1. The enforcement of Section 1317.04(d)(3), as interpreted and applied by the Bldg. Commissioner, does not result in manifest injustice to nor impose unnecessary hardship upon the Applicant, nor is such Code application contrary to the intent and purpose of the North Olmsted Building Code. The Board finds in favor of the Bldg. Commissioner's enforcement of the commercial HVAC licensing requirements (Ohio Revised Code Chapter 4740) as a prerequisite to obtain a City of North Olmsted residential HVAC license pursuant to Section 1317.04(d)(3). The Applicant has alternatives to reversal of the Bldg. Commissioner's decision and/or variance from the Code requirement, as evidenced by his work history in this industry for many years and operating successfully within these licensure requirements. 2. The Board finds that the Applicant has presented evidence of compliance with Section 1317.04(e). Further, with the exception of Section 1317.04(d)(3) as discussed above, the Applicant presented satisfactory evidence in support of license submittal requirements of Section 1317.04(d). The Board finds specifically, notwithstanding incorrect reference to ORC 1317.05, that the Applicant submitted sufficient insurance. 3. The Board finds that a temporary local license certificate, although within the Board's discretionary authority, is not warranted by Applicant's presentation. The Board finds that Applicant should not be engaged in "permit" work without a local license and further declines to issue a temporary local license certificate to do such "permit" work. However, the Board notes that Applicani is not prohibited from the performance of "service" work notwithstanding this denial of a local license and without the issuance of temporary local license certificate. BOARD ORDER: 1. M The decision of the Building Commissioner is hereby affirmed, as follows: That the Building Dept.'s interpretation and application of Section 1317.04(d)(3), particularly that a State of 5200 Dover Center Road, North Olmsted, Ohio 44070 - Phone: (440) 716-4134 - Fax: (440) 777-5889 RoteD@north-olmsted.com - www.north-olmsted.com