To amend sections 307.37, 715.27, 1312.01, 1312.02, 1506.01, 2711.02, 3709.091, 3718.01, 3718.023, 3781.06, 3781.10, 3781.102, and 4722.01 and to enact sections 3781.1012 and 4722.09 of the Revised Code to apply the residential building code and various other laws to four-family dwellings, to permit certain buildings to have a single stairway exit, and to name this act the Build Smart Act.
SB 428, the Build Smart Act, expands Ohio’s residential building code and several related statutes to treat four-family dwellings more like smaller residential properties. The bill amends definitions across multiple chapters so that four-family dwelling houses are included alongside one-, two-, and three-family homes for purposes of building code coverage, construction defect claims, home construction service contracts, sewage treatment rules, contractor licensing, and related regulatory provisions. It also updates references in arbitration and county/municipal regulation statutes to reflect the new four-family category.
A major policy change in the bill is the directive to the Board of Building Standards to adopt rules allowing certain group R-2 buildings to use a single stairway exit, so long as the building is no more than six stories above grade plane, has no more than four dwelling units per floor, is sprinklered, and provides each unit with an emergency exit window or similar provision. The bill also renames the act the Build Smart Act and makes conforming changes throughout the Revised Code to align the new four-family dwelling framework with existing housing and construction laws.
The bill would broaden the reach of Ohio’s residential building code and several consumer-protection and licensing statutes to include four-family dwellings, which are currently treated differently in many provisions. It would affect county and municipal building departments, contractors licensed under Chapter 4740, boards of health regulating sewage systems, parties to construction defect and home construction service disputes, and property owners developing or renovating four-unit housing. It also creates a new rulemaking mandate for the Board of Building Standards regarding single-stairway exits in qualifying multifamily buildings.
No committee transcripts or recorded votes were provided, so there is no direct evidence of legislative debate or formal support/opposition in the available record. Based on the bill text alone, the measure appears generally pro-development and pro-housing, aiming to reduce regulatory barriers and modernize building standards for small multifamily housing. The overall framing suggests an effort to encourage more housing supply and design flexibility while maintaining safety standards through sprinklers and emergency egress requirements.
The most likely points of contention are the expansion of residential code treatment to four-family dwellings and the single-stairway provision for R-2 buildings. Supporters would likely view these changes as a way to lower construction costs, increase housing options, and make infill development easier, while critics may raise concerns about fire safety, local control, and whether existing building and inspection systems are prepared for the broader application of these rules. There may also be debate over the bill’s conforming changes to contractor registration, county regulation, and sewage-system rules, especially where local governments or regulators could see reduced discretion or added administrative complexity.