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The OBC applies to all buildings except as follows:
(a) Single-family, two-family and three-family dwelling houses which are not constructed of industrialized units, except for the energy conservation provisions required in Chapter 13, Energy Efficiency of the OBC, O.A.C. Chapter 4101:1-13 (see R.C. §§ 3781.06 and 3781.10);
(b) Buildings owned by and used for a function of the United States government;
(c) Existing buildings where their location, parts, equipment and other items do not constitute a serious hazard, unless otherwise regulated by the provisions of Chapter 34, Existing Buildings and Structures of the OBC, O.A.C. Chapter 4101:1-34;
(d) Buildings constructed in accordance with plans which have been approved prior to the effective date of the OBC;
(e) Buildings or structures which are incident to the use for agricultural purposes of the land on which said buildings or structures are located, provided such buildings or structures are not used in the business of retail trade. For the purposes of this section, a building or structure is not considered used in the business of retail trade if 50% or more of the gross income received from sales of products in the building or structure by the owner or operator is from sales of products produced or raised in a normal crop year on farms owned or operated by the seller (see R.C. §§ 3781.06 and 3781.061);
(f) Agricultural labor camps as defined in R.C. § 3733.41;
(g) Single-family, two-family and three-family detached dwelling houses for which applications have been submitted to the Ohio Director of Human Services pursuant to R.C. § 5104.03 for the purposes of operating type A family day-care homes as defined in R.C. § 5104.01; and
(h) Buildings or structures which are designed, constructed and maintained in accordance with federal standards and regulations and are used primarily for federal and state military purposes where the U.S. Secretary of Defense, pursuant to 10 U.S.C. §§ 18233(A)(1) and 18237, has:
(1) Acquired, by purchase, lease or transfer, and constructs, expands, rehabilitates or corrects and equips, such buildings or structures as he or she determines to be necessary to carry out the purposes of Chapter 1803 of the U.S.C.;
(2) Contributed to the State of Ohio such amounts for the acquisition, construction, expansion, rehabilitation and conversion by the State of Ohio of such additional buildings or structures as he or she determines to be required because of the failure of existing facilities to meet the purposes of Chapter 1803 of the U.S.C.; or
(3) Contributed to the State of Ohio such amounts for the construction, alteration or rehabilitation of arms storage rooms as he or she determines to be required to meet a change in U.S. Department of Defense standards relating to the safekeeping of arms.
Statutory reference:
Exceptions to scope of the Ohio Building Code, see O.A.C. 4101:1-1-01, § 101.2
(a) No owner or any other person shall construct, erect, build or equip any building or structure to which the OBC is applicable, or make any addition thereto or alteration thereof, except in the case of repairs or maintenance that does not affect the construction, sanitation, safety or any other vital feature of such building or structure, without complying with this chapter, R.C. Chapters 3781 and 3791 or the OBC, or fail to comply with any lawful order issued pursuant thereto.
(b) No architect, builder, engineer, plumber, carpenter, mason, contractor, subcontractor, foreman or employee shall violate or assist in violating any of the provisions of this chapter, R.C. Chapters 3781 and 3791 or the OBC, or fail to comply with any lawful order issued pursuant thereto.
(c) No owner or any other person shall proceed with the construction, erection, alteration or equipment of any building or structure to which the OBC is applicable without complying with this chapter and the plan and specification submission and processing requirements of the municipality and/or the OBC and until plans or drawings, specifications and data have been approved or the industrialized unit has been inspected at the point of origin.
Statutory reference:
Failure to obey order prohibited, see R.C. § 3791.02
General prohibition - fine, see R.C. § 3791.03
Prohibited acts generally, see R.C. § 3791.01
Submission of plan - approvals - prohibition - fine, see R.C. § 3791.04
Required plans, when submitted for inspection as required in the OBC, shall be prepared by a registered architect or engineer who shall attest to the fact that such plans have been drawn in accordance with such Code.
(Prior Code, § 1410.06) (Ord. 135-79, passed 10-8-1979)
(a) When the municipality finds that work or equipment is contrary to this chapter, approved plans therefor or the OBC, notice in writing shall be sent to the owner of the building involved or his or her agent. The notice shall state where and in what respect the work or equipment does not conform to such lawful requirements and shall specify a reasonable period of time in which to conform.
(b) Prior to enforcement of R.C. Chapters 3781 and 3791, or any rules adopted pursuant thereto, including the OBC, as adopted in § 1410.01, by any remedy, civil or criminal, the municipality shall issue an adjudication order within the meaning of R.C. §§ 119.06 to 119.13 or a stop work order as provided in O.A.C. Rule 4101:1-1-01, § 109.
(c) Every adjudication order shall cite the law or rules directly involved and shall specify what appliances, site preparations, additions or alterations to structures, plans, materials, assemblages or procedures are necessary for the same to comply with Ohio R.C. Chapters 3781 and 3791 and/or any rules adopted pursuant thereto, including the provisions of the OBC adopted in § 1410.01.
(d) The order shall include notice to the party of the procedure for appeal and right to a hearing if requested within 30 days of the mailing of the notice. The notice shall also inform the party that at the hearing he or she may be represented by counsel, present his or her arguments or contentions orally or in writing, and present evidence and examine witnesses appearing for or against him or her.
(e) Upon the issuance of any order provided for herein or in O.A.C. Rule 4101:1-1-01, the person receiving such order shall cease work upon the site preparations or structure to be constructed, or, in the case of an industrialized unit, the installation of the unit, or shall cease using the appliance, materials, assemblages or manufactured product identified in the order until such time as the appeal provided for in accordance with the provisions of R.C. § 3781.19, and all appeals from such hearing, have been completed, or the order herein has been released.
(f) Failure to cease work after receipt of a stop work order as provided in O.A.C. Rule 4101:1-1-01 is hereby declared to be a public nuisance.
(Prior Code, § 1410.07)
Statutory reference:
Inspections, observation of violations, unsafe conditions, or serious hazards, see O.A.C. 4101:1-1-01 § 108.6
Orders, Violations, and Unsafe Buildings, see O.A.C. Rule 4101:1-1-01, § 109
At least one copy of the OBC, as adopted in § 1410.01, is on file with the Clerk of Council for inspection by the public. At least one copy of such Code is also on file in the County Law Library. In addition, the Clerk of Council shall keep copies of such Code available for distribution to the public, at cost.
(Prior Code, § 1410.08)
(a) Whenever a provision of the OBC, as adopted in § 1410.01, conflicts with a provision of the Ohio Fire Code or any other order, standard or rule of the Ohio Department of Commerce, Division of State Fire Marshal, the provision of the OBC shall control, except that rules adopted and orders issued by the Fire Marshal pursuant to R.C. Chapter 3743 prevail in the event of a conflict.
(b) Whenever a provision of the OBC, as adopted in § 1410.01, conflicts with a provision of any other standard technical code adopted by the municipality, other than as provided in division (a) of this section, or any ordinance, resolution, rule or regulation of Council, the stricter standard shall prevail.
(c) When a special provision is made in a use group classification of the OBC and is inconsistent with a general provision of the OBC relating to buildings generally, the special provision governs, unless it appears that the provisions are cumulative.
(Prior Code, § 1410.09)
Statutory reference:
Conflict of laws, see O.A.C. § 4101:1-1-01, § 102
Ohio Fire Code, see O.A.C. Chapter 1301:7-7
Rules of board of building standards supersede, exception, see R.C. § 3781.11(B))
(a) Whoever violates or fails to comply with any of the provisions of this chapter, including any provision of the OBC adopted in § 1410.01, is guilty of a misdemeanor of the third degree and shall be fined not more than $500 or imprisoned not more than 60 days, or both, for each offense. Unless otherwise provided, a separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The application of the penalty provided in division (a) of this section shall not be deemed to prevent the enforced removal of prohibited conditions, or the application of any other equitable remedy, including abatement of the nuisance referred to in § 1410.06(f).