Enforceability Status
Ohio has a statewide building code, the Ohio Building Code (OBC), administered by the Ohio Board of Building Standards under Ohio Rev. Code Section 3781.01 et seq. The OBC requires a certificate of occupancy before a building may be occupied. A contract clause making the CO irrelevant likely conflicts with this statewide statutory requirement.
Legal Analysis
Ohio administers the Ohio Building Code (OBC) through the Board of Building Standards, established under Ohio Rev. Code Section 3781.01 et seq. The OBC is based on the International Building Code and applies to all residential and commercial construction in the state. Under the OBC, a certificate of occupancy must be issued by the local building department or certified building official before a building may be occupied.
Ohio Rev. Code Section 3781.03 requires the Board of Building Standards to adopt rules governing building construction, and Section 3781.10 requires that building plans be approved and inspections conducted before occupancy is authorized. Local building departments, or in some cases state-certified building departments, enforce the OBC and issue certificates of occupancy upon successful completion of all required inspections.
A contract clause making the CO irrelevant to the buyer's closing obligations likely conflicts with Ohio's statewide building code requirements. Ohio courts have recognized that contractual provisions that violate statutory mandates or public policy may be void. The OBC's CO requirement represents a fundamental building safety regulation that serves the public interest.
Buyers in Ohio should understand that the CO is a statewide requirement established by the Ohio Building Code. Whether purchasing in Columbus, Cleveland, Cincinnati, or any other Ohio community, the CO must be issued before the home may be legally occupied. The CO process verifies compliance with structural, electrical, plumbing, mechanical, fire safety, and energy code requirements.
Relevant Ohio Law
Establishes the Ohio Board of Building Standards and the framework for the Ohio Building Code, including requirements for inspections and certificates of occupancy.
Requires building plan approval and inspections before occupancy is authorized, as part of the statewide building code enforcement framework.
Builders in Ohio Using This Clause
What Ohio Buyers Should Know
- Confirm CO issuance before closing Ohio's statewide building code requires a CO before occupancy. Verify with the local building department that the CO has been issued before your closing date.
- Understand the statewide requirement The Ohio Building Code applies to all jurisdictions in the state. The CO requirement is a state law mandate that cannot be waived by a private contract.
- Request inspection records Ask the builder or local building department for records of all completed inspections. The CO is issued only after all required inspections have been passed.
- Seek legal advice if pressured to close without a CO If a builder pressures you to close before the CO is issued, consult an Ohio real estate attorney. Occupying a home without a CO may violate state law.