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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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§ 3143.01 Definitions
   (a)   "Substantial structure" means any structure of any construction type or use that is five (5) stories or seventy-five (75) feet above grade, whichever is shorter, at any point along its perimeter.
   (b)   “Parking Garage” means a multi-level structure of other than Type V construction intended for the parking or storage of motor vehicles. A parking garage may be accessory to a principal use or structure on a lot or may be the principal structure on a lot.
   (c)   "Protected distance" means the horizontal distance measured perpendicular from any substantial structure to a public way, public land, other structure or adjoining property.
   (d)   "Qualified inspector" means either of the following: (1) a design professional certified in inspection of the specific elements that make up the facade of the structure, and licensed by the State of Ohio; or (2) a special inspector or inspection agency accredited and experienced in the specific type of structure being inspected, and qualified under the Ohio Building Code for special inspectors.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)
§ 3143.02 Inspection and Reporting Requirements for Exterior Walls and Appurtenances; Fee
   In order to maintain a building's exterior walls and appurtenances in a safe condition, the following requirements shall apply to all buildings that are at least five (5) stories or seventy-five (75) feet above grade, whichever is shorter, have a protected distance that is equal to or less than the height of the substantial structure from its tallest height above grade, and are thirty (30) years or older. This section shall not apply to one-, two- or three-family residential buildings:
   (a)   Inspection Requirements. The owner of a substantial structure shall conduct a critical inspection of the condition of exterior walls and appurtenances at least once every five (5) years.
      (1)   Such inspection shall be conducted and witnessed by a qualified inspector, by or on behalf of the owner of the building. Such inspection shall meet or exceed the general inspection standards under the ASTM Standards for Periodic Inspection of Building Facades for Unsafe Conditions contained in Designation E2270-14. Any areas found to be deficient in the general inspection shall require a detailed inspection.
      (2)   The owner shall complete such inspection and file a report within the following time:
         A.   All new inspections and reports for structures fifty (50) years or older shall be completed and filed within one (1) year of the effective date of this section, and successive inspections and reports shall be completed every five (5) years from the date of the original inspection report filed in accordance with division (b).
         B.   All new inspections and reports for structures thirty (30) years to fifty (50) years shall be completed and filed within two (2) years of the effective date of this section, and successive inspections and reports shall be completed every five (5) years from the date of the original inspection report filed in accordance with division (b).
         C.   If a structure has already been inspected prior to the adoption of this chapter, the owner must file a report of that inspection within one (1) year of the effective date of this section, and successive inspections and reports shall be completed every five (5) years from the date of the original inspection report filed in accordance with division (b).
   (b)   Inspection Report. The owner of a substantial structure shall register with the Director of Building and Housing by submitting a written report, prepared by a qualified inspector who conducted or supervised the inspection, as follows:
      (1)   Such report shall clearly document the condition of the exterior walls and appurtenances as either safe, unsafe, or safe with a repair and maintenance program. The report shall document all significant deterioration, unsafe conditions, and movement observed, in sufficient detail so that a comparison of successive reports will indicate any change of condition. Such report must be signed by and bear the professional seal of the qualified inspector.
      (2)   Such report shall be filed with the Director of Building and Housing together with a fee, in an amount to be determined by the Board of Control, within the time specified in division (a)(2).
      (3)   Such report shall include the following:
         A.   The location of the building by address and permanent parcel number;
         B.   The year the building was built;
         C.   The date the building was inspected;
         D.   The name, address, and title of the person or firm who conducted the inspection;
         E.   Complete description of inspections conducted based on ASTM E2270-14, including the locations of and descriptions the general inspection areas and any of detailed inspection areas.
      (4)   Such inspection report shall be filed with Director of Building and Housing every five (5) years from the date of the original report. The owner shall keep and maintain the complete and full inspection documentation on-site or produce said documentation within forty-eight (48) hours of any request by the Director of Building and Housing or the Chief of Fire, or their designees.
   (c)   Notice of Unsafe Condition. Upon the discovery of an unsafe condition relating to the exterior walls or appurtenances, the owner shall notify the Director of Building and Housing immediately in writing of such condition, and immediately begin repair, reinforcement or precautionary measures, with the required permits, to abate the unsafe condition to ensure public safety.
(Ord. No. 1533-15. Passed 4-4-16, eff. 6-6-16; Am. Ord. No. 326-18. Passed 4-2-18, eff. 4-3-18)
§ 3143.03 Certificate of Exterior Walls and Appurtenances Inspection
   (a)   Issuing of Certificates. The Director of Building and Housing shall issue an exterior wall and appurtenances certificate only after having received satisfactory proof of inspection, and after the inspection report of the architect or engineer reports a safe condition. No building owner or person in control of a building, subject to the requirements in this chapter shall permit the substantial structure to be occupied without such certificate.
   (b)   Keeping and Producing of Certificates. The owner or person in control of a building subject to the requirements of this chapter shall keep and maintain such certificate on-site or produce said certificate within forty-eight (48) hours of any request by the Director of Building and Housing or the Chief of Fire, or their designees. No building owner or person in control subject to the requirements of this chapter shall fail to keep and maintain or produce the required certificate.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)
§ 3143.04 Inspection and Reporting Requirements for Parking Garages
   In order to maintain parking garages in a safe condition, the following requirements shall apply:
   (a)   Inspection Requirements. The owner of a parking garage shall conduct a critical inspection of the condition of parking garage and appurtenances at least once every five (5) years.
      (1)   Such inspection shall be conducted and witnessed by a qualified inspector, by or on behalf of the owner of the building. Such inspection shall be for the purpose of determining whether the parking structure and all parts thereof are either safe, unsafe, or safe with repairs and/or engineering monitoring and whether, in the judgment of a qualified parking structure inspector, remedial work is required. Any areas found to be deficient in the general inspection shall require a detailed inspection.
      (2)   Such inspection shall be conducted using the most current ASCE 11 standard (Guideline for Structural Assessment of Existing Buildings). Qualified personnel shall perform a preliminary assessment as defined in the standard and provide a determination as to whether a detailed assessment is required. When in the opinion of the qualified inspector a detailed assessment is required, such an inspection shall be performed according to the standard and a detailed report be produced.
      (3)   The owner shall complete such inspection and file a report within the following time:
         A.   All new inspections and reports shall be completed and filed within one (1) year of the effective date of this section, and successive inspections and reports shall be completed every five (5) years from the date of the original inspection report filed in accordance with division (c).
         B.   If a structure has already been inspected prior to the adoption of this chapter, the owner must file a report of that inspection within one (1) year of the effective date of this section, and successive inspections and reports shall be completed every five (5) years from the date of the original inspection report filed in accordance with division (c).
   (b)   Registration. The owner of a parking garage shall register with the Director of Building and Housing by submitting a registration of the conditions identified in the report on a form determined by the Director of Building and Housing.
   (c)   Inspection Report. The owner of a parking garage shall register with the Director of Building and Housing by submitting a written report, prepared by a qualified inspector who conducted or supervised the inspection, as follows:
      (1)   Such report shall clearly document the condition of the walls, floors, ceilings, and ramps, and appurtenances as either safe, unsafe, or safe with a repair and maintenance program. The report shall document all significant deterioration, unsafe conditions, in sufficient detail so that a comparison of successive reports will indicate any change of condition. Such report must be signed by and bear the professional seal of the qualified inspector.
      (2)   Such report shall be filed with the Director of Building and Housing together with a fee, in an amount to be determined by the Board of Control, within the time specified in division (a)(3).
      (3)   Such report shall be maintained for review by the Department of Building and Housing at any time requested.
      (4)   Such report shall include the following:
         A.   The location of the parking garage by address and permanent parcel number;
         B.   The year the parking garage was built;
         C.   The date the building was inspected;
         D.   The name, address, and title of the person or firm who conducted the inspection;
         E.   Complete description of inspections conducted to determine whether the parking structure and all parts thereof are either safe, unsafe, or safe with repairs and/or engineering monitoring and whether, in the judgment of a qualified parking structure inspector, remedial work is required, based on the current version of ASCE 11 standard (Guideline for Structural Assessment of Existing Buildings), including the locations of and descriptions the general inspection areas and any of detailed inspection areas.
      (5)   Such inspection report shall be filed with Director of Building and Housing every five (5) years from the date of the original report. The owner shall keep and maintain the complete and full inspection documentation on-site or produce said documentation within forty-eight (48) hours of any request by the Director of Building and Housing or the Chief of Fire, or their designees.
   (d)   Notice of Unsafe Condition. Upon the discovery of an unsafe condition relating to the exterior walls or appurtenances, the owner shall notify the Director of Building and Housing immediately in writing of such condition, and immediately begin repair, reinforcement or precautionary measures, with the required permits, to abate the unsafe condition to ensure public safety.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)
§ 3143.05 Certificate of Parking Garage Inspection
   (a)   Issuing of Certificates. The Director of Building and Housing shall issue a parking garage certificate only after having received satisfactory proof of inspection, and after the inspection report of the architect or engineer reports a safe condition. No owner or person in control of a parking garage subject to the requirements in this chapter shall permit the parking garage to be used without such certificate.
   (b)   Keeping and Producing of Certificates. The owner or person in control of a parking garage subject to the requirements of this chapter shall keep and maintain such certificate on-site or produce said certificate within forty-eight (48) hours of any request by the Director of Building and Housing or the Chief of Fire, or their designees. No owner or person in control of a parking garage subject to the requirements of this chapter shall fail to keep and maintain or produce the required certificate.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)
§ 3143.98 Rules
   The Director of Building and Housing shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this chapter.
(Ord. No. 1533-15. Passed 4-4-16, eff. 6-6-16; Am. Ord. No. 326-18. Passed 4-2-18, eff. 4-3-18; Am. Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)
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