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(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, Ohio R.C. Chapters 3781 and 3791 or the OBC, or fail to comply with any lawful order issued pursuant thereto.
(ORC 3791.01, 3791.02)
(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, Ohio R.C. Chapters 3781 and 3791 or the OBC, or fail to comply with any lawful order issued pursuant thereto.
(ORC 3791.01, 3791.03)
(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.
(ORC 3791.04) (Ord. 128-05. Passed 8-8-05.)
(a) The Building Inspector shall be the Chief Building Official as defined in the Ohio Building Code and shall enforce the Ohio Building Code and all other laws relating to buildings and structures and, in the discharge of his or her official duties, shall have authority, upon proper identification, to enter any building, structure, land or premises at any reasonable hour to enforce and to ascertain compliance with such Code or law.
(Ord. 38-92. Passed 3-23-92.)
(b) 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. (OAC 4101:2-1-34)
(c) Prior to enforcement of Ohio R.C. Chapters 3781 and 3791, or any rules adopted pursuant thereto, including the OBC, as adopted in Section 1426.01, by any remedy, civil or criminal, the Municipality shall issue an adjudication order within the meaning of Ohio R.C. 119.06 to 119.13 or a stop work order as provided in Section 4101:2-1-36 of the OAC.
(d) 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 Section 1426.01.
(e) The order shall include notice to the party of the procedure for appeal and right to a hearing if requested within thirty 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.
(f) Upon the issuance of any order provided for herein or in Section 4101:2-1-36 of the OAC, 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 Ohio R.C. 3781.19, and all appeals from such hearing, have been completed, or the order herein has been released. (OAC 4101:2-1-35)
(g) Failure to cease work after receipt of a stop work order as provided in Section 4101:2-1-36 of the OAC is hereby declared to be a public nuisance.
(OAC 4101:2-1-36) (Ord. 128-05. Passed 8-8-05.)
At least one copy of the OBC, as adopted in Section 1426.01, 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.
(Ord. 38-92. Passed 3-23-92.) (Ord. 128-05. Passed 8-8-05.)
(a) Whenever a provision of the OBC, as adopted in Section 1426.01, 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 Ohio R.C. Chapter 3743 prevail in the event of a conflict.
(OAC 4101:2-1-04(B); ORC 3781.11(B))
(b) Whenever a provision of the OBC, as adopted in Section 1426.01, conflicts with a provision of any other standard technical code adopted by the Municipality, other than as provided in subsection (a) hereof, 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 OBBC 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.
(OAC 4101:2-1-07; Adopting Ordinance)
(d) In the event of a conflict between any of the provisions of the Ohio Building Code and a provision of any local ordinance, resolution, rule or regulation, the local provision shall govern.
(Ord. 38-92. Passed 3-23-92.) (Ord. 128-05. Passed 8-8-05.)
(EDITOR'S NOTE: See Section 1440.99 for general Building and Housing Code penalty if no specific penalty is provided.)