Cleveland Heights Building Code. The Cleveland Heights Building Code is hereby amended by the enactment of the following provisions, which changes shall be and are hereby adopted as set forth herein:
(a) Building Work Hours. No person shall construct, erect, alter, demolish, excavate or repair in and about buildings, structures and appurtenances in the City on legal holidays or Sundays nor except between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and Saturdays other than legal holidays, except in the case of urgent necessity or in the interest of public safety, and then only after obtaining written approval from the Building Official.
(b) Property Lines Surveyed. Prior to approval of a building permit, when determined necessary by the Building Official, the applicant for a building permit shall be required to establish actual property lines by registered survey at his own expense.
(c) General Penalty. Any person, firm or corporation who violates or fails to comply with any provision of this Code or any order of the Building Official issued pursuant thereto, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six (6) months, or both. Each day such violation occurs or continues shall constitute a separate offense.
(d) Board of Building Code Appeals. An appeal of a decision or order of the Building Official shall be taken within thirty (30) days of the order appealed from. Such appeal is perfected by filing a written notice of appeal with the Building Official specifying the grounds therefor. No fee is required for such appeal. The Building Official shall forthwith transmit to the Chairman of the Board of Building Code Appeals all papers upon which the action appealed was taken. The Board of Building Code Appeals shall hear such appeal as provided in Chapter 1315 of these Codified Ordinances.
(e) Building Official.
(1) Duties and responsibilities. This Cleveland Heights Building Code, as amended, (hereinafter “this Code”) shall be administered by the Building Official, who shall be responsible for the examination of plans, the issuance or refusal of permits and the inspection of buildings.
(2) Rules and regulations. The Building Official may promulgate such rules and regulations as he may determine necessary to supplement or aid in the interpretation of the requirements of this Code, which regulations shall be consistent therewith. Such rules and regulations have the same force and effect as provisions of these Codified Ordinances.
(3) Publication of rules. No rule of the Building Official shall become effective until two weeks after notice of intention to enforce it shall have been posted on at least two bulletin boards in public places of the Municipality or published in a newspaper having general distribution in the Municipality. Any person may, in writing, during the period that said proposed rule is posted, appeal to the Board of Building Code Appeals, alleging that said proposed rule is unreasonable, arbitrary, confiscatory or contrary to the provisions of the Cleveland Heights Building Code, as amended.
(4) Any rule may be amended or repealed by the same procedure as prescribed for the adoption of new rules.
(f) Permits When Required. A building permit shall be obtained from the Building Official before proceeding with any excavation, grading, construction, alteration, repair, moving or demolition of any dwelling or appurtenant structure. A separate permit shall be obtained for electrical work, plumbing work, heating and air-conditioning appliances and all other equipment installations that are essential features in the construction or use of premises pursuant to the Cleveland Heights Building Code.
(g) Revocation of Permits. The Building Official may revoke a permit or approval issued under the provisions of this Code in any case in which there has been any false statement or misrepresentation as to material fact in the application or plans on which the permit or approval was based.
(h) Application. An application for a permit, signed by the owner or his authorized agent, shall be filed with the Building Official on a form furnished by the Building Official.
(i) Plans and Specifications. When required by the Building Official, two or more copies of plans, with specifications either on drawings or as a separate document, shall accompany each application. Each application for a building permit for a new dwelling or alteration amounting to 25% or more of existing dwelling shall be accompanied by two sets of plans and specifications. The plans shall include:
(1) Site plan: showing lot number of designation, north point, street width, bearings and dimensions of lot setback requirements, if any; location and dimensions of buildings; location of walks, driveways, steps, terraces, porches, fences and retaining walls; minimum scale: 1 inch = 20 feet.
(2) Foundation or basement plan; minimum scale: 1/4 inch = 1 foot.
(3) Floor plan of each other level, minimum scale: 1/4 inch = 1 foot.
(4) Front, rear and side elevations; minimum scale: 1/4 inch = 1 foot.
(5) Elevations at first floor of dwelling, garage, carport; finished grade elevations at each principal corner of dwelling and each corner of lot; at sidewalk, curb or crown of pavement at points of extended lots.
(6) Sufficient details to show method of assembly and construction as well as the complete installation of electrical work, plumbing, heating and/or air conditioning. The above documents shall contain sufficient information to show that the proposed work will conform to the provisions of this Cleveland Heights Building Code and all other applicable laws, ordinances, statutes, rules and regulations. Each set of plans and specifications shall give the address of the work, name and address of the owner and of the person who prepared the plans and specifications.
(j) Design Data. Sufficient data to show the adequacy of the design shall be submitted when required by the Building Official. The Building Official may require and accept an affidavit from a registered architect or registered professional engineer, stating that the design conforms to the provisions of this Code.
(k) Civil Action. Whenever any person, firm or corporation fails, neglects or refuses to comply with any order of the Building Official under the provisions of these Codified Ordinances, or whenever any building or other structure is used or occupied so as to be in violation of or not in conformity with any provision of this Code, the Building Official may require that the Law Director institute and maintain in the name of the Municipality an appropriate action at law or in equity to restrain the execution of a project in violation of this Code, to prevent the occupation or use of such building or other structure in violation of this Code, or to prevent or terminate any violation of this Code.
(l) Room Size Requirements. The provisions of this chapter shall, for all dwellings, be in addition to those applicable provisions of the Housing and Zoning Codes.
(m) Habitable Floor Area. Habitable floor area for single and two family dwellings shall be in accordance with the provisions of the Cleveland Heights Zoning Code.
(n) Number of Rooms.
(1) Each single-family dwelling and each suite of any two-family dwelling house shall contain not less than four (4) rooms, exclusive of basement or utility room, and an additional room or rooms containing toilet and bath facilities.
(2) Each single-family dwelling and each suite of any two-family dwelling or double house may contain other rooms in addition to those required by subsection (l), subject to the following regulations: Any such additional rooms other than the type described in subsection (l) shall contain a minimum of one hundred (100) square feet of habitable floor area and have a minimum width of seven (7) feet.
(o) Detached Garages.
(1) No detached garage shall be in excess of fifteen (15) feet in height to the average roof dimension from eave to peak of the gable.
(2) A one-story garage, detached from a dwelling, built of wood frame construction, shall comply with construction requirements for one-story dwellings.
(p) Garage Floors. Garage floors shall be constructed on a naturally solid base course or a compacted layer of not less than 4 inches of gravel and/or crushed stone, upon which shall be placed no less than 4 inches of concrete. The concrete shall have a compressive strength of not less than 3000 psi at 28 days or by mix proportions, 1 volume of Portland cement, not more than 2 ½ volumes of fine aggregate and 3 3/4 volumes of graded coarse aggregate with not more than 6 ½ gallons of water per sack of cement. The garage floor shall slope to a drain.
(q) Minimum Dimensions for Garages. The dimensions established in this section shall be between the inside face of studs or net distance between faces of masonry walls. The length of a garage shall be not less than 20 feet. The width of a single garage shall be not less than 10 feet. The minimum width of a two-car garage shall be 18 feet 4 inches. For each additional car to be housed, add at least 9 feet 2 inches. Where intermediate posts or columns are provided in multiple-car garages, the minimum clear space for each parking spot shall be 9 feet 2 inches.
(r) Drainage for Garages. There shall be at least one drain inlet serving a garage. Where the driveway slopes down toward the garage, there shall be a low spot in the driveway grade not less than 3 feet outside the garage door with a transverse grating, whose top is not less than 6 inches below the garage floor.
(s) Grading and Drainage. It shall be the objective of grading regulations to provide grading which will divert surface water away from buildings and dispose of such water without harmful effects on neighboring property, to preserve desirable site features and to provide grades and gradients for safe and convenient access to and around buildings and lots for their normal use and maintenance. The final grade at a building shall not be closer than 8 inches to the wood or other corrodible siding or exterior trim.
(t) Surface Drainage.
(1) Positive drainage shall be provided for each lot or plot by proper draining so that a nuisance will not be created. Catch basins or properly connected under-drains shall be installed, or other approved provisions made where water may pocket, to preclude the accumulation of surface water. Regrading shall be done so that existing natural ground drainage of the surrounding area shall not be impeded.
(2) The Building Official may adopt rules or plans for the drainage of lots or plots which rules or plans shall be followed by the owner unless permission for deviation is given by the Board of Building Code Appeals. When a lot or plot is graded to a higher or lower level than the natural grade on an adjacent property, the owner of such lot or plot shall provide on his own property suitable slopes or retaining walls or other protection approved by the Building Official to preserve the natural slope or surface elevation of such adjacent property.
(u) Depth of Foundation. The footings or foundations of dwellings shall extend below the prevailing frost line in the locality, or at least three (3) feet, whichever depth is greater, unless the foundation is located on rock or unless otherwise specifically permitted by the Building Official.
(v) Sanitary Facilities.
(1) Each living unit shall contain at least one kitchen sink, one water closet, one lavatory and one bathtub or stall shower.
(2) Each required sanitary fixture in a living unit shall be provided with sewage disposal by a water-carriage system to a public sewerage system, unless otherwise provided by ordinance or health department ruling.
(3) The sanitary outlet from a dwelling house shall be not less than 6"PVC pipe schedule 35 or heavier gauge, or other materials approved by the Building Official and shall connect only to a sanitary or combined sewer system. Sanitary connections to a storm sewer or the connection of storm drains to sanitary sewerage is prohibited unless otherwise approved by the Building Official.
(w) Storm Water Connections. All sewer pipe, which receives storm drainage or drainage from sub-soil or from downspouts, shall be not less than 4" PVC Schedule 35 or heavier gauge, or other material approved by the Building Official, and shall connect only to a storm sewer system by means of a 6" building storm sewer which is 6" PVC Schedule 35 or heavier gauge or a material approved by the Building Official.
(x) Water Supply. Each living unit shall be provided with potable water connected to the required fixtures and supplied by a public water supply system, unless otherwise provided by ordinance.
(y) Replacement of Roof. Not more than 25 percent of the roof covering of any building or other structure shall be replaced in any 2 year period unless the entire roof covering is made to conform with the requirements for roof coverings on new building and other structures. (Roof repairs of less than 25% of the roof shall not require a permit, however, such repairs shall match the adjacent roofing materials in specifications and color as close as possible.)
(z) Flashing Installation. All flashing and counter flashings shall be installed in accord with accepted engineering practice and in a manner so as to preclude the entrance of water.
(aa) Workmanship. Each member or building component shall be correctly fitted and the structure adequately braced against forces. Construction methods and service installations shall be structurally sound, durable and safe.
(bb) Noise Abatement: Air Conditioning Units and Similar Building Equipment. There shall be provided a suitable means of preventing the transmission of objectionable noise and vibration generated by air conditioning and other such equipment so as not to cause a nuisance. Remote compressors, fan-coil units and similar equipment shall be located, housed or screened as determined necessary by the Building Official so as not to cause a nuisance to neighboring properties. Any noise-generating accessory of an air-conditioning unit in excess of 3 horsepower shall not be placed within 15 feet of a dwelling house located on adjoining premises.
(cc) Alterations or Repairs Exceeding Fifty Percent (50%) in Value. When the cost of alterations or repairs within any two year period exceeds fifty percent of the value of an existing building or other structure, such building or structure shall be made to comply with the requirements for new buildings and other new structures. It shall be the obligation of the owner or his agent to furnish estimates as will enable the Building Official to determine the proportionate replacement value. Where such estimates are incomplete or inconclusive, the Building Official may require the owner or his agent to furnish an estimate by a professional individual or organization satisfactory to the Building Official.
(dd) Existing Buildings or Structures. Additions or alterations to any building or structure shall conform with the requirements of this Code for new construction. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any provisions of this Code. Portions of the structure not altered and not affected by the alteration are not required to comply with the Code requirements for a new structure.
(ee) Stairways. An alteration or the replacement of an existing stairway in an existing structure shall not be required to comply with the requirements of a new stairway where the existing space and construction will not allow a reduction in pitch or slope. (Ord. 45-2006. Passed 6-5-06.)