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AIA Ohio Payment Assurance Legislation Receives Hearing – Feb. 23, 2021

Senators Vernon Sykes (left) and Jay Hottinger offer sponsor testimony for SB49 to the Senate Judiciary Committee

Senate Bill 49, AIA Ohio’s Payment Assurance Legislation (PAL), received its first hearing by the Senate Judiciary Committee on Feb. 23. The bill’s joint sponsors Sen. Vernon Sykes (D, Akron) and Sen. Jay Hottinger (R, Newark) testified that the bill would create a design professional lien right modeled after the brokers’ lien.

If passed, this legislation would establish a payment assurance program for registered design professionals. The design professional lien will:

  • Apply only to commercial property, and not to residential property;
  • Apply only to private work, and not to public construction; and
  • Will be subordinate to any real estate mortgage previously filed.

A proponent hearing has yet to be scheduled. Click here to read the full testimony of Senators Sykes and Hottinger.

Important Notice for K-12 from BBS

The Board of Building Standards has updated its BBS Memo regarding the moratorium for storm shelters in Group E occupancies to include the following:

September 2020 Update: HB 164 adopted by the Ohio General Assembly on June 11, 2020, amended R.C. 3781.1010 to extend the storm shelter moratorium to November 30, 2022.

The updated Memo can be found here. 

If you have questions related to information contained in the Memo, please contact the Board’s technical staff at 614-644-2613 or at bbs@com.state.oh.us.

AIA Responds to Trump Administration Rollback of Fair Housing Policy

HUD rollback of Fair Housing policy puts communities at risk

Housing inequities in American communities will be exacerbated by dismantled rule.

WASHINGTON – July 29, 2020 – The American Institute of Architects (AIA) condemns the recently announced rollback of the Affirmatively Furthering Fair Housing (AFFH) provision (2015) of the 1968 Fair Housing Act.

Under the Affirmatively Furthering Fair Housing (AFFH) rule, communities receiving federal subsidies were required to analyze racial segregation in housing and then submit plans to reverse such trends. The AFFH rule had been weakened in recent years. In 2018, the Department of Housing and Urban Development (HUD) eliminated the Local Government Assessment Tool, which was designed to help local governments combat racial segregation in subsidized housing. However, the Administration’s latest actions have officially nullified the original AFFH rule and its intent.

“AIA strongly opposes the Administration’s dismantling of this critical rule,” said AIA EVP/Chief Executive Officer Robert Ivy, FAIA. “Our federal government should confront the legacy of discriminatory housing policies as intended in the Fair Housing Act of 1968, not shrink away from the responsibility of ensuring our communities are equitable. At such a critical moment in time for addressing racial inequity, it’s clear we need to do more, not less, to provide equitable opportunity to all Americans, especially for a basic human need such as shelter.”

AIA has had a longstanding commitment to equitable communities, including advocating for affordable housing initiatives. On Jan. 24, AIA 2020 President Jane Frederick, FAIA, and AIA 2019 President Bill Bates, FAIA, met with the HUD assistant secretary for policy development and research to share AIA’s affordable housing priorities. Additionally, AIA provided comment on Jan. 31—following a request from HUD leadership—regarding the Administration’s call to eliminate regulatory barriers to affordable housing.

Learn more about AIA’s advocacy efforts online.

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Ohio Valley Region Practice Innovation Lab | 2019

AIA OVR Practice Innovation Lab // 2019

Congratulations to Team SNDBX, winner of the People’s Choice Award!

The AIA Ohio Valley Region held a Practice Innovation Lab in conjunction with the AIA Ohio Valley Region Convention in Cincinnati on September 19.  Over 25 individuals participated in the event which was generously hosted by BHDP Architecture.  Four teams were created and they spent the day envisioning the future of the practice of architecture.  Their work was presented on Friday, Sept. 20, as the keynote presentation at the AIA Ohio Valley Region Convention. 

The Practice Innovation Lab was sponsored by the AIA Ohio Valley Region, and funded with generous contributions from Victor O. Schinnerer & Company, Inc., the CNA Insurance Companies, and The AIA Trust, providers of the AIA Trust Professional Liability Insurance Program and the AIA College of Fellows.

Supreme Court Overturns Local Hiring Preferences

September 24, 2019

In a landmark decision, today the Ohio Supreme Court held that R.C. 9.75 is a lawful enactment of the Ohio General Assembly, in prohibiting local hiring preferences in construction projects.
 
That section provides that “No public authority shall require a contractor, as part of a prequalification process or for the construction of a specific public improvement or the provision of professional design services for that public improvement, to employ as laborers a certain number or percentage of individuals who reside within the defined geographic area or service area of the public authority.”
 
The City of Cleveland Ordinance Chapter 188 nevertheless remained on the books, requiring that a minimum of 20 percent of the total construction work hours be performed by Cleveland residents, and that no fewer than 4 percent of those resident work hours be performed by low-income persons.
 
Cleveland sued the State of Ohio claiming that its Ordinance prevailed over the state prohibition under Constitutional “home rule” authority.
 
The Eighth District Court of Appeals (Cuyahoga County) found the state statute unconstitutional, ruling that, “It is readily apparent that R.C. 9.75 is no more than an attempt to preempt powers of local self-government and to restrict the contract terms between public authorities and contractors who choose to bid on local public improvement contracts.”
 
The State of Ohio appealed. On June 29, 2018, AIA Ohio filed an amicus curiae (“friend of the court”) brief with the Ohio Supreme Court in support of the State of Ohio, to prevent local residency quota requirements in public works construction. 
 
The decision and briefing of the other parties are available on the Supreme Court’s website at: https://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/2018/0097

Ohio Capitol Connection

Facilities Commission Cites Improvements in 2018 Review

The Ohio Facilities Construction Commission (OFCC) received its “2018 Executive Director’s Report” Thursday (10/25/2018), which provided a broad overview of its activities over the past year, highlighting the increase in projects being completed on-time and on-budget.

Commission staff member Jeff Westhoven informed the body that 88.9 percent of projects were on or under budgets, 77.8 percent of projects were on or ahead of schedule and 100 percent of agency facilities have been condition assessed within the past fiscal year, among other positive indicators.

In the Ohio Auditor’s FY17 Report, no negative findings appeared, and the OFCC is currently overseeing more than $2.1 billion worth of projects.

He said 61 percent of Ohio school districts have received interactions from the OFCC, which is a key way new construction projects are affecting Ohioans. He highlighted news clippings lauding new school facilities, and he showed a picture of young students in their new building for the first time, noting a “100 percent smile rate.”

Having happy students can decrease absenteeism rates, he said, which can be improved by modernizing school learning environments.

He added that Ohio is the top state in the nation for its number of environmentally friendly schools, with 321 Leadership in Energy and Environmental Design (LEED)-certified schools. According to Westhoven, schools using the Ohio School Design Manual typically save $100,000 in annual energy costs.

Regarding state services, Westhoven said new energy practices in the Ohio Department of Rehabilitation and Correction and the Ohio Department of Administrative services have saved the state over $50 million annually.

In addition, he said one-of-five Encouraging Diversity, Growth and Equity (EDGE) dollars is spent towards OFCC projects.

Looking at the recent consolidation of three organizations into the OFCC (formerly the Ohio School Facilities Commission, the Office of State Architect and the Cultural Facilities Grants Program), Westhoven said that was a success as well. He noted a 17 percent reduction in spending on personnel and leased space, an adoption of the best practices of each organization and a streamlined information technology system that allows for quicker processing and completion of contracts.

Also during the meeting, the OFCC approved its “Priority Order of Assistance List” that determines which schools are next in line to receive renovations and it approved a “Master Facilities Plan and Project Agreement” for construction and renovations in Little Miami Local School District. The full cost of that project is expected to be $51.6 million.

AIA Ohio 2018 Convention Keynotes

AIA Ohio 2018 Convention Keynotes

Thursday Keynote: Toshiko Mori, FAIA
On Thursday, Oct. 4, convention attendees will hear from Toshiko Mori, FAIA, from Toshiko Mori Architect in New York. The firm is widely known for over thirty years of innovative and influential work in a diverse body of projects that have received numerous design awards. Her designs demonstrate a thoughtful sensitivity to detail and involve extensive research into the site conditions and surrounding context. Toshiko Mori Architect has worked on a broad range of programs including urban, civic, institutional, cultural, residential, museum and exhibition design.


Friday Keynote: Christopher Sharples, AIA
On Friday, Oct. 5, Christopher Sharples, AIA, from SHoP in New York will join us offering a keynote presentation as well as his perspective as the jury chair for the AIA Ohio Design Awards. Since 1996, SHoP has set the standard for creative invention in the field of architecture and modeled a new way forward with its unconventional approach to design. As a founding partner, Sharples has been at the center of this collaborative practice for nearly twenty years, during which time the studio has grown to over 180 people, with projects completed or underway on five continents. Celebrated designs such as the Barclays Center, Google’s Mountain View offices, and most recently, the offices for frog design have cemented SHoP’s reputation for smart, transformative design. In 2014, Fast Company named SHoP the “Most Innovative Architecture Firm in the World.”