Ohio Admin. Code 3750-85-03 - Decision by Local Emergency Planning Committee

(A) If, in the opinion of the local emergency planning committee, the ordinance, resolution, rule or requirement of the political subdivision meets the criteria for issuance of a variance established in rule 3750-85-02 of the Administrative Code and does not conflict with any resolution, rule or requirement adopted by the local emergency planning committee, the committee shall, within 120 days of the date on which the complete application for a variance was received from a political subdivision, meet to pass a resolution approving the request for the issuance of the variance. The committee shall send a copy of its resolution, the political subdivision's variance application, and the ordinance, resolution, rule or requirement to the commission within sixty days of passage of the resolution approving issuance of the political subdivision's application.

(B) The local emergency planning committee shall not approve issuance of a variance unless at least sixty per cent of the voting members of the committee vote to approve it.

(C) The commission shall review the resolution, the political subdivision's variance application, and the ordinance, resolution, rule or requirement in accordance with Chapter 3750-80 of the Administrative Code.

Notes

Ohio Admin. Code 3750-85-03

Five Year Review (FYR) Dates: 3/17/2021 and 03/17/2026
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) and (C)
Prior Effective Dates: 09/01/1995

Five Year Review (FYR) Dates: 03/30/2016 and 03/30/2021
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) and (C)
Prior Effective Dates: 9/1/95