City of Middleburg Heights v. Ohio Board of Building Standards

The city of Middleburg Heights has challenged the Ohio Board of Building Standards’ revocation of its building department’s certification. A finding that the board had just cause for the revocation hinges on one issue: whether provisions of the city’s building ordinance relating to fire protection requirements conflict with the Ohio Basic Building Code. No question is raised in this appeal concerning the city’s constitutionally conferred home-rule authority. See Springdale v. Ohio Bd. of Bldg. Standards (1991), 59 Ohio St.3d 56, 570 N.E.2d 268.

The standard for determining whether a municipal…