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In addition to any other means of enforcement provided for in these Codified Ordinances, the Director of Public Service and any employee in the Division of Streets serving in the capacity of foreman or above, when commissioned by the Director of Public Safety as special police, may enforce the minor misdemeanor offense contained in division (a) of Section 3101.11 through the issuance of citations in accordance with Rule 4.1 of the Rules of Criminal Procedure.
(Ord. No. 1424-99. Passed 11-29-99, eff. 12-6-99)
Any requirement necessary for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by OBBC or this Building Code, or not readily interpretable from the provisions of this Building Code, shall be determined by the Board of Building Standards and Building Appeals. Any questions regarding such requirement shall be referred to the Board.
Alternate materials and methods of construction may be used even though not specifically authorized by OBBC or this Building Code, provided such alternate has been approved by the Board of Building Standards and Building Appeals. Materials and constructions which have been approved by the Board shall be used and installed in accordance with the terms of approval.
Used materials shall be re-used only when approved for re-use by the Commissioner. The Commissioner may require tests to determine the strength and suitability of such materials, and may prescribe the maximum allowable stress and other conditions under which such materials may be re-used.
(a) Whenever there is insufficient evidence that any material or construction authorized by OBBC or this Building Code conforms to the requirements of this Building Code, or that any material or construction authorized or approved by the Board of Building Standards and Building Appeals conforms to the terms of authorization or approval given by the Board, the Commissioner may require tests as proof of compliance to be made at the expense of the owner by an approved agency.
(b) Tests shall be made in accordance with generally recognized standards for the material or construction in question, but in the absence of such standards the Board shall specify the test procedure. Duly authenticated tests by a competent person or laboratory may be accepted by the Commissioner in lieu of tests made under the Commissioner’s supervision.
(c) Copies of the results of all such tests shall be kept on file in the office of the Commissioner for a period of not less than five (5) years after the acceptance of the structure or materials or assembly of materials.
(d) The Commissioner may require tests to be repeated if at any time there is reason to believe that the material or construction no longer conforms to the requirements on which its approval was based.
(a) No provision of this Building Code shall be interpreted to prohibit or prevent the use of assemblies prefabricated off the site or at the site of construction, provided such assemblies conform to the provisions of OBBC or this Building Code or to the terms of an approval given by the Board of Building Standards and Building Appeals.
(b) Where the component parts of prefabricated assemblies are not readily accessible to inspection at the site, the Commissioner may accept certification that the assembly as installed at the site is identical with specimens upon which approval was based. If mechanical and electrical equipment are so installed as not to be readily accessible to inspection at the site, certification may be required that such equipment complies with applicable laws and ordinances, or the terms and conditions upon which approval was based.
The Commissioner shall have no power to allow any exception or variance from the provisions of this Building Code beyond the extent permitted by Section 3103.01, or from any rule, regulation, approval, determination or order of the Board of Building Standards and Building Appeals, or from any determination or order of the Board of Zoning Appeals.
The Board of Zoning Appeals shall be constituted and shall have jurisdiction as defined in the Charter and Chapter 329 of the Zoning Code.
Notwithstanding any other provision in the Codified Ordinances, the Board of Zoning Appeals shall hear and decide all appeals from decisions of the Commissioner of Assessments and Licenses concerning the refusal to issue or the revocation or suspension of a license, except when such decision is based upon the structural soundness of the place of business licensed or for which license application has been made, or relates to the licensing of any persons to engage in any of the trades or occupations for which a license is required under the provisions of the Building Code, such as plumber or electrician.
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