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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART IIIA: LAND USE CODE - PLANNING AND HOUSING
PART IIIB: LAND USE CODE - ZONING CODE
PART IIIC: LAND USE CODE - HOUSING CODE
PART IIID: LAND USE CODE - FIRE PREVENTION CODE
PART IIIE: LAND USE CODE - BUILDING CODE
TITLE XIII: BUILDING CODE
CHAPTER 3101 - SCOPE, DEFINITIONS AND STANDARDS
CHAPTER 3103 - ENFORCEMENT AND PENALTY
CHAPTER 3104 - CIVIL ENFORCEMENT
CHAPTER 3105 - PERMITS AND OCCUPANCY CERTIFICATES
CHAPTER 3106 - REGISTRATION OF VACANT BUILDINGS AND CERTIFICATES OF COMPLIANCE FOR VACANT BUILDINGS
CHAPTER 3107 - REGISTRATION OF CONTRACTORS
CHAPTER 3109 - ENCROACHMENTS
CHAPTER 3111 - OHIO BUILDING CODE
CHAPTER 3113 - OUTDOOR SIGNS AND DISPLAYS
CHAPTER 3114 - FIRE LIMITS
CHAPTER 3115 - DEMOLITION AND MOVING
CHAPTER 3116 - CONSTRUCTION AND POST-CONSTRUCTION SITE STORM WATER RUNOFF CONTROL
CHAPTER 3117 - PRIVATE SWIMMING POOLS
CHAPTER 3121 - RESIDENTIAL BUILDING CODE OF OHIO FOR ONE, TWO, OR THREE-FAMILY DWELLINGS
CHAPTER 3123 - MISCELLANEOUS OCCUPANCY
CHAPTER 3125 - EXCAVATIONS, SOILS AND FOUNDATIONS
CHAPTER 3126 - FILLS, EXCAVATIONS, SOILS, AND GRADING
CHAPTER 3127 - WOOD CONSTRUCTION
CHAPTER 3129 - LOADS
CHAPTER 3131 - HEATING, VENTILATING AND AIR CONDITIONING
CHAPTER 3133 - PLUMBING
CHAPTER 3135 - GAS PIPING AND APPLIANCES
CHAPTER 3137 - ELECTRICAL WIRING
CHAPTER 3139 - REFRIGERATION
CHAPTER 3141 - ELEVATORS
CHAPTER 3143 - EXTERIOR WALLS AND APPURTENANCES; PARKING GARAGES
CHAPTER 3167 - FLOOD PLAIN MANAGEMENT
CHAPTER 3169 - MANUFACTURED HOMES
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 3115.02 Relation to Statutes
   The provisions of this chapter are supplementary to and in addition to the applicable provisions of statutes and rules and regulations promulgated by authority thereof. In cases of conflict, the more restrictive provisions shall govern.
§ 3115.03 Use of Public Property
   (a)   Approval of Director of Public Works Required. Public property shall not be used for the storage of materials or equipment or for the operation of equipment, nor shall any fence, railing, barricade, walkway, canopy, shed, scaffold or other construction or protection be erected on public property without the approval of the Director of Public Works. Any permit issued for such use of public property shall be valid only while such use is maintained safe and non- hazardous. The City authority issuing such permit shall revoke any such permit when unsafe conditions are not promptly corrected.
   (b)   Limitations and Restrictions. The use of public property for storage of material or for other uses incidental to demolition, house moving, alterations or building operations shall conform to the limitations and restrictions imposed by the Director of Public Works, as deemed necessary by him or her for safety to life and property and the maintenance of traffic on sidewalks and roadways.
   (c)   Any permit issued for the use of public property shall terminate with the completion of the operations for the performance of which it was procured.
(Ord. No. 979-2020. Passed 7-14-21, eff. 7-16-21)
§ 3115.04 Demolition Permit; Registration and Identification
   (a)   Permit Required. No person, firm or corporation shall raze or demolish or remove a building or other structure, or part thereof, without obtaining a permit from the Director of Building and Housing.
   (b)   Registration. No person, firm or corporation shall engage in the business of house wrecking, demolition of structure or parts thereof or removal of a building or other structure unless the person, firm or corporation holds a valid certificate of registration issued by the Director in conformity with the applicable provisions of Chapter 3107.
   (c)   Requirements. All demolition work shall be performed in conformity with NFiPA Standard 241, "Standard for Safeguarding Construction, Alteration, and Demolition Operations" and Section 509.14 of the Codified Ordinances.
   (d)   Identification. All equipment and vehicles used in demolition or removal of debris from demolition shall be clearly identified. This identification shall be the name of the person, firm, or corporation owning or renting such vehicles and equipment, in letters having a minimum dimension of four (4) inches. Symbols or logos shall not be deemed to meet the identification requirements unless they comply with the minimum letter dimension and identify the person, firm or corporation.
   Such identification shall be identical to the registration of the person, firm or corporation as set forth in the Department of Building and Housing.
   (e)   A condition of a demolition permit shall include the requirement that the contractor or permit holder conduct a rodent survey and, when necessary, baiting operation.
   The survey and baiting program shall be conducted by an applicator or operator duly licensed pursuant to RC Chapter 921.
(Ord. No. 1121-18. Passed 12-3-18, eff. 12-5-18)
§ 3115.05 Bulkheading Abandoned Sewer Facilities
   No permit authorizing the razing, demolition or removal of any building or other structure which contains sewer facilities connecting into any sewer operated or controlled by the City shall be issued to any person, firm or corporation until there is first posted with the Director of Public Utilities a bond or deposit adequate to reimburse the City for any costs which may be incurred because of the failure of the permittee to properly bulkhead all such abandoned sewer facilities, as herein provided, at a point within the sidewalk or tree lawn area approximately one (1) foot from the curb line. Such bulkhead shall consist of concrete or a vitrified stopper sealed into the bell of the sewer pipe with cement mortar.
   The bond or deposit provided for in this section shall not be released or returned until an inspector authorized by the Director of Public Utilities shall approve the bulkheading of any such abandoned sewer facilities which connect into any sewer operated or controlled by the City.
   The provisions of this section shall not apply when the sewer operated and controlled by the City and into which the private sewer is connected, is abandoned.
§ 3115.06 Moving of Buildings
   (a)   Permits Required.
      (1)   No building shall be moved to any site within the City without a permit from the Commissioner. A permit to move any building shall not be issued until the Board of Building Standards and Building Appeals finds, after public hearing, that the building is structurally sound and that the condition of the building does not constitute a hazard to life or limb, that the building shall be made to comply with the requirements and limitations of the ordinances relating to zoning and the provisions contained in OBBC and this Building Code. Plans shall be submitted which disclose such alterations, modifications or repairs as are necessary to secure compliance with the ordinances relating to zoning and the provisions comprising this OBBC and Building Code. Variations and exceptions to the ordinances relating to zoning and the provisions comprising OBBC and this Building Code shall not be granted if the buildings and land uses within one hundred fifty (150) feet of the new site conform to the requirements or limitations from which a variation is sought. Notice of the public hearing shall be mailed to the owner of the building, to the owner of the site to which the building is to be moved, and to the owners of property within one hundred fifty (150) feet of the new site who are directly affected by the movement of the building, not less than five (5) days prior to the date of the hearing.
      (2)   No building or other similar large structure shall be moved through the streets of the City or over public property, unless the application for a permit made to the Commissioner has been approved and countersigned by the Director of Public Service, Director of Public Safety, Commissioner of Water, and the Commissioner of Shade Trees.
      (3)   The officials issuing or countersigning such permits may prescribe conditions, requirements, routes and precautions, and the day, days, and hour of the day during which such moving operations shall be conducted, as deemed necessary in the public interest; and all moving shall be performed in conformity therewith.
   (b)   Registration.
      (1)   No person, firm, or corporation shall engage in the business of house moving unless such person, firm or corporation holds a valid certificate of registration issued by the Commissioner in conformity with the applicable provisions of Chapter 3107.
      (2)   No permit for moving any building or other similar large structure through any street or over any other public property shall be given any person not holding a valid certificate of registration.
   (c)   Inspector of House Moving. Whenever deemed necessary in the public interest, the Director of Public Service may require that such moving operations be conducted in the presence of and under the supervision of an inspector of house moving designated by him or her, who shall perform such required service at the cost of the person doing such moving or the owner of the property being moved.
   (d)   Time Limit. No person shall permit any building or other structure, or part thereof, to stand on any street or other public property for a period longer than that specified in the permit therefor.
   (e)   Exception. The provisions of subsections (a)(2), (a)(3), (b) and (c) hereof shall not apply to the vehicular transportation of material, buildings, or other structures contained within a legally operated vehicle which does not exceed the maximum width, length and height specified in Section 439.07 of the Codified Ordinances.
§ 3115.07 Driving Over Sidewalk or Curb
   No person shall drive over any sidewalk or curb for any purpose in connection with demolition, house moving or building operations, or the delivery of material therefor or removal of material therefrom, or for any other purpose in connection therewith, without first having obtained a permit to do so from the Director of Public Service and posting a deposit or bond, adequate to reimburse the City for any costs which may be incurred by the City because of damage or destruction caused thereby, and in the form and amount directed or approved by the Director of Public Service and the Director of Law. Such deposit shall not be returned, nor shall the surety under a bond be released, until operations have been completed and an inspection of the premises and adjoining premises, made by an authorized representative of the Director of Public Safety, reveals no uncorrected damage or destruction. Any costs incurred by the City in correcting damage or destruction shall be deductible from the deposit or, when operations are performed under a bond, paid by the person, firm or corporation acting as surety.
§ 3115.08 Storage and Handling of Material and Equipment
   (a)   No material or equipment shall be stored or placed so as to be a hazard to the public, workmen, adjoining property, or to the structure on which it is placed.
   (b)   No fire hydrant, police or fire alarm box, public utility box, catch basin, or manhole shall be obstructed or rendered inaccessible, and every tree, lightpole, and utility pole shall be protected and maintained free from damage; and no material shall be piled, or equipment or structure placed, so as to interfere with proper drainage of street, or other public property.
   (c)   No material shall be handled, worked upon, or prepared so that public property may be damaged thereby.
   (d)   No sidewalk or walkway shall be severed and/or moved for activities such as storage of equipment or parking of vehicles related to construction unless deemed necessary by the Director of Capital Projects.
(Ord. No. 979-2020. Passed 7-14-21, eff. 7-16-21)
§ 3115.09 Maintenance of Walkways
   (a)   A safe walkway, not less than four (4) feet wide and of greater width where deemed necessary by the Director of Capital Projects, shall be maintained as a continuation of abutting sidewalks at all demolition and building operations, as directed or approved by such Director. Existing sidewalks should be preserved. If passage on the existing sidewalk is not possible, a convenient and accessible pedestrian walkway shall be provided that replicates as nearly as practicable the existing sidewalk. Sidewalk closure with an alternative re-route or detour shall be a last resort. Signs shall be provided to direct pedestrians in accordance with the approved plan under division (c) of Section 411.011.
   (b)   Whenever a sidewalk vault is being constructed, or whenever the Director approves the temporary obstruction of a sidewalk, such walkway may be constructed outside of the curb line and abutting thereto, and shall be a durable walking surface of plank or other suitable approved material with a substantial guardrail along the outer edge. No walkway shall be maintained outside the curb line for a period longer than absolutely necessary for the operations being performed, and such walkway shall be re-located inside the curb line as soon as practicable.
   (c)   Sidewalks, walkways, and alternative pedestrian re-routes or detours shall be accessible in accordance with the Americans with Disabilities Act and Ohio Building Code Section 11.
(Ord. No. 979-2020. Passed 7-14-21, eff. 7-16-21)
§ 3115.10 Protection for Pedestrians and Wheelchair Riders on Sidewalks and Walkways in Connection with Building Operations
   (a)   Protection for pedestrians and wheelchair riders on sidewalks or walkways from travel lanes and construction hazards shall be provided and maintained in conformity with this section during all times when they might be endangered by building operations. Such protection shall consist of barricades, fences, construction railings, barriers, covered walkways as set forth in the following Table, in accordance with Ohio Building Code Section 3306, Protection of Pedestrians, except that an approved covered walkway shall be provided and maintained whenever material is being moved over the sidewalk or walkway by derrick, hoist or chute.
Table of Required Sidewalk or Walkway Protection
 
Height of Construction (Feet)
Distance from Construction to Nearest Lot Line
Protection Required
8 or less
Less than 5 feet
Construction railings
5 feet or more
None
More than 8
Less than 5 feet
Barrier and covered walkway
5 feet or more, but not more than one-fourth the height of construction
Barrier and covered walkway
5 feet or more, but between one-fourth and one-half the height of construction
Barrier
5 feet of more, but exceeding one-half the height of construction
None
 
   (b)   Barricades. Pedestrian traffic shall be protected by a directional barricade where the walkway extends into the street. Barricades shall be substantially built and shall be not less than three (3) feet in height.
   (c)   Fences. Fences shall be substantially built with tight boards, plywood, or other suitable similar material applied on the outer face, and shall be not less than six (6) feet in height. When openings are required for access to the premises, they shall be equipped with sliding or inswinging doors or gates.
   (d)   Construction Railings. Construction railings shall be not less than forty-two (42) inches in height and shall be sufficient to direct pedestrians around construction areas.
   (e)   Barriers. Barriers shall be not less than eight (8) feet in height and shall be placed on the side of the walkway nearest the construction. Barriers shall extend the entire length of the construction site. Openings in such barriers shall be protected by doors that are normally kept closed.
   (f)   Covered Walkways.
      (1)   Protection covered walkways shall provide a clear height of not less than eight (8) feet above the sidewalk or walkway as measured from the floor surface to the canopy overhead.
      (2)   The roofs of such covered walkways shall be constructed of planks not less than two (2) inches thick or of approved equivalent material, and every covered walkway shall be designed to support all imposed loads, and capable of safely sustaining a load of two hundred (200) pounds per square foot; except that when material is stored thereon, covered walkways shall be capable of sustaining a load of at least three hundred (300) pounds per square foot.
      (3)   Every required covered walkway shall be of adequate width and length to protect pedestrians and unless otherwise approved by the Commissioner shall extend for the full length of the street or alley line of the building or other structure being erected.
      (4)   When materials are prepared or work performed on the roof of any such covered walkway, the covered walkway roof shall be enclosed on exposed sides and ends with a tight barricade not less than three (3) feet in height, or with a substantial railing not less than three (3) feet high with solid toe boards not less than six (6) inches high.
      (5)   Unless the top deck of the covered walkway is built solidly against the face of the building or other structure in such manner that no material can fall on the sidewalk or walkway, the side of the covered walkway toward the building or other structure shall have a tight wood fence or other suitable tight fence extending to the underside of the covered walkway, which may be equipped with sliding or inward-swinging doors or gates.
(Ord. No. 979-2020. Passed 7-14-21, eff. 7-16-21)
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