MOUNT VERNON — Nearly 60 residents attended one of two public hearings to voice their opinion on residential building code enforcement in unincorporated areas of the county.
About 36 attended the hearing held Thursday, Jan. 5 at 6 pm at the Memorial Theater. Twenty-two were present for the 10 am hearing Tuesday, Jan. 10 in the commissioners’ office.
Of those speaking, four specifically stated they support enforcement and nine opposed. The remainder had lots of questions and concerns.
The commissioners could not answer all of the questions, saying they are still doing research and working through the process of what is involved.
The subject of building code enforcement is not new to the county. The Village of Centerburg and Hilliar Township are leading the way in the current push for enforcement. Centerburg officials broached the issue in 2021; in August 2022, Centerburg Mayor Greg Sands and Hilliar Township Trustee Jason Rogers again requested the commissioners consider a countywide code.
Tuesday, Sands said Centerburg and Hilliar abut Licking and Delaware counties, both of which have code enforcement.
“Knox County is the channel to avoid those counties,” he said.
Referencing three Centerburg-area developers, one of whom Sands said told the village he was going to do what he wanted and the village did not have the money to stop him, Sands said, “We lose control of that without a county building code. We all know you’re supposed to work with the current [state] code, but some don’t.”
Background
Commissioner Thom Collier said that builders and contractors are supposed to follow Ohio’s residential building code.
“The difference is we have not had enforcement,” he said. “We’ve been asked to develop a department to do so.”
Commissioner Teresa Bemiller noted that the Knox County Comprehensive Plan recommends a building code. She also said the county prosecutor does not want to see each entity have its own code.
Additionally, Collier said a number of contractors have asked when the county was going to enforce the state code.
“We don’t plan to add our own [code]. Our plan is to enforce the current state guidelines,” Bemiller said. “We are approaching this from a safety standpoint. The goal is to make the standards all about safety.”
“We want to make sure that for houses in Knox County, the next buyer doesn’t have to wonder whether corners were cut,” Commissioner Bill Pursel said.
If the commissioners move forward, enforcement will start with new builds. Construction completed before the effective date of a new code will be grandfathered. Ag buildings are exempt from the code.
Collier said there is no intent at this time for contractors to be licensed. Homeowners and private builders can still build a home; it would just be subject to inspections.
The commissioners will make the decision whether to proceed with enforcement. Their decision is not subject to voter referendum.
Townships cannot opt out of the building code. The commissioners are working with the county prosecutor on how to handle appeals.
Cost
Bemiller said the county will bear the up-front cost to create and staff a building department. Ultimately, building fees will sustain the department.
The commissioners do not have an estimate for maintaining a building department or for permit fees. Wayne County’s costs are about $400,000; its fees cover the cost.
Permit fees will be in addition to township zoning certificate fees.
“We are not looking to impact township revenue,” Bemiller said.
Pursel said that if some sort of a combined fee makes sense, the commissioners would consider that.
The biggest reason Liberty Township’s Marilyn Lowe opposes enforcement is “bloated government,” noting it would take more staffing, signs, creating an appeals board, and finding and maintaining office space.
“I don’t see where fees are going to cover all of that,” she said on Tuesday. “Taxes don’t bring in enough. … We will need new taxes. Taxes can potentially rise to where people will not be able to live here.”
Several others in attendance agreed with her comment to “let Centerburg and Hilliar have codes and pay for it.” She also said a building code was a suggestion in the comprehensive plan.
Increased housing cost
Several residents focused on how inspection costs and time delays will affect the price of housing.
Fredericktown’s Andy Fox said a $295,000 home in Knox County will cost $335,000 and $339,000 in Licking and Delaware counties, respectively.
“We keep talking about affordable housing. This just increases the cost of affordable housing,” he said. “Contractors here in the county, 95% of them are doing it right.”
Knox County Administrator Jason Booth disagreed.
“We assume they are following codes, but here, nobody checks it. That’s one of the issues: I think it’s an assumption,” he said.
Milford Township architect Pete Dickerson said that in his experience, contractors charge the same amount for a home in Knox as they do in Delaware County.
The Amish community
A Jefferson Township woman asked whether the code would be enforced evenly, specifically referencing the Amish community; Bemiller said the code applies to all builders. Collier noted that Wayne County enforces the code across the board; everyone is required to install electric and sewer, but they have the option to choose not to hook up to the utilities.
Several residents were concerned enforcement would unfairly target the Amish community and impose additional expense as Amish homes do not require electric or sewer.
Levi Stickle, Clinton Township, said Knox County is not a suitable fit for a building code.
“Our community is too diverse. If townships feel the need, they can adopt a code. If the prosecutor is worried, he can figure it out; that’s his job,” he said.
Jerry Hostetler of Liberty Township said he would prefer not to have a code, but he has worked in counties that do.
“They make us do things that I don’t think it is as strong as what we do,” he said. “We have a different culture, but we try to work with the community. You can say [a code] is for safety, but you still have stuff happen.”
Hostetler also noted increased cost, wait time, and inconsistencies between inspectors and inspections as issues.
Reaction
Pleasant Township’s David Stickle said the code was “highly unpopular. As it becomes more known throughout the county, there will be more pushback.”
“I am concerned about affordable home ownership,” he said. “[A code] will be beneficial to contractors because it locks out do-it-yourselfers. It also protects contractors because they will have had inspections.”
He also said code enforcement will raise property taxes as home costs increase.
Builder Danny Gum of Monroe Township said, “I am a huge advocate of code. It protects the homeowner, not only in safety, but selling it down the road, knowing that [the home] was inspected.”
Colby Clippinger, Hilliar Township’s zoning inspector, prefers the commissioners roll out enforcement of existing structures and new builds at the same time.
“From all the years I have been in contracting, it’s not the contractors. Homeowners doing remodels, those are the big offenders,” he told the commissioners.
Noting that time is money and delays cost time, he said a $2,500 county building fee pales in comparison to the “back side” cost of $25,000 extra (based on a $400,000 base tract home) “just for the inconvenience of going through the building permit process and inspections.”
“You can put the cheapest shingles or siding on and it will still blow off. It’s not quality control, it’s structural,” he said of code enforcement. “You can still have very poor workmanship or crooked tile, and it will still pass inspection.
“If you think it’s going to improve quality, it’s not.”
A Wayne Township resident said there is “not a groundswell in Knox County for this,” but he understands the interest in the southwest part of the county where growth from Delaware and Licking counties will have an effect.
“As a resident of the north end of the county, I can assure you it’s not needed up there, it’s not wanted up there,” he told the commissioners, adding that if it were put to a popular vote in the county, it would fail miserably.
Calling himself an “accountability person,” Ray Vickers said code enforcement does improve quality because it “gets rid of everyone who doesn’t know what they are doing.”
“It also protects you, the client. If I am doing shoddy work, I should be held accountable,” he said.
Vickers prefers the code apply to new and existing structures.
Timeline
If the commissioners decide to move forward, a vote will happen relatively soon. However, Collier said it is unlikely that the department will be up and running before the fourth quarter 2023 as it will take at least six months to complete their research, hire and train staff, and determine fees.
Doug McLarnan of Monroe Township does not favor additional permit fees, preferring to see the enforcement department funded out of the county general fund and current taxes. He questioned whether residents have an understanding of the need or benefits of enforcement considering how many unanswered questions remain.
McLarnan suggested the commissioners create an advisory commission to research code enforcement, emphasizing the final decision remains with the commissioners.
“Don’t base it on three to four hours of testimony, get a formal process. You’ll get a better end product,” he said.
“Part of what we face when asking townships what they think, townships are not always very good at listening and responding,” Commissioner Pursel said, adding that township association meetings only draw about one-third in attendance. “Trustees need to talk to their partners and let us know whether they are for or against this.
“And not just yes or no. Give us reasons why,” he added.
Trustee Steve Bratton said the Brown Township board opposes enforcement.
“That’s coming from the residents in the township we have spoken to,” he said. “As a township, we have trouble enforcing zoning. I don’t see how the county will enforce the building code.
“We get feedback from the people; as trustees, we relay that consensus to the commissioners.”
The commissioners encourage residents to contact them via phone (740-393-6703) or email thomcollier@co.knox.oh.us, billpursel@co.knox.oh.us, or teresabemiller@co.knox.oh.us.
