CHAPTER 150: BUILDING REGULATIONS
Section
General Provisions
   150.01   Adoption of Kentucky Building Code; Standards of Safety
   150.02   Application of Kentucky Residence Code to single-family and two-family homes
   150.03   Adoption of International Property Maintenance Code; Amendments
   150.04   Adoption of NFPA 1 Fire Code, NFPA 101 Life Safety Code, and NFPA 70 National Electric Code
Permits
   150.15   Building and wrecking permits required; exception
   150.16   Building and wrecking permits fee schedule
   150.17   Electrical permits
   150.18   Zoning permits, appeals, applications
Electric
   150.20   Definitions
   150.21   Adoption of Uniform State Building Code
   150.22   Authorization of Northern Kentucky Electric Authority
   150.23   Licensing required
   150.24   Reciprocity
Electric Inspection
   150.30   Authority to make necessary inspections for code compliance
   150.31   Fees
   150.32   Official Inspector
   150.33   Notification for inspection prior to completion of work
   150.34   Responsibility of builder or contractor doing construction work
   150.35   Use of electrical services prohibited before certified approval; exceptions
   150.36   Liability
Fire Limits; Fire Prevention
   150.50   Fire limits established
   150.51   Inspection of buildings
   150.52   Order to remove fire hazard; appeal
   150.53   Officer may remedy fire hazard if owner fails to comply; expense
   150.54   Owner to keep property safe from fire
   150.55   Smoke detectors
   150.56   Key lock box system
Blighted and Deteriorated Properties
   150.65   State law adopted by reference
   150.66   Vacant Property Review Commission; establishment
Urban Renewal
   150.75   Urban Renewal and Community Development Agency; authority to condemn through legal means real property
Residential Rental License and Safety Inspection Program
   150.80   General provisions
   150.81   Findings
   150.82   Definitions
   150.83   Responsibilities of owners
   150.84   Rental inspection license; fees
   150.85   Inspection
   150.86   Notice of violation
   150.87   Repairs and other corrective action
   150.88   Application for hearing; appeals
 
   150.99   Penalty
GENERAL PROVISIONS
§ 150.01 ADOPTION OF KENTUCKY BUILDING CODE; STANDARDS OF SAFETY.
   The Kentucky Building Code, as contained in Chapter 7, Title 815 of the Kentucky Administrative Regulations; the Kentucky Plumbing Code, as contained in Chapter 20, Title 815 of the Kentucky Administrative Regulations; and the Kentucky Standards of Safety, as contained in Chapter 10, Title 815 of the Kentucky Administrative Regulations, together with any amendments as from time to time adopted, are hereby adopted by reference as if fully set forth in this code of ordinances. Copies of the above codes and any amendments thereto shall be placed on file in the office of the City Clerk/Treasurer where they shall be available for public inspection during normal business hours.
(Am. Ord. 2009-3, passed 5-5-09) Civil offense, see § 38.15
§ 150.02 APPLICATION OF KENTUCKY RESIDENCE CODE TO SINGLE-FAMILY AND TWO-FAMILY HOMES.
   The Kentucky Residence Code as contained in Chapter 7 Title 815 of the Kentucky Administrative Regulations together with any amendments as from time to time adopted by reference as if fully set forth in this code of ordinances. Copies of the above code and any amendments thereto shall be placed on file in the office of the City Clerk/Treasurer where they shall be available for public inspection during normal business hours and is hereby declared applicable to single-family and two-family homes within the city.
(Ord. C.2, passed 6-2-87; Am. Ord. 2009-3, passed 5-5-09) Civil offense, see § 38.15
§ 150.03 ADOPTION OF INTERNATIONAL PROPERTY MAINTENANCE CODE; AMENDMENTS.
   (A)   Adoption. That certain document, a copy of which is on file in the office of the city, being marked and designated as "The 2021 International Property Maintenance Code" and "the 2021 International Energy Conservation Code," as published by the International Code Council, Inc. (ICC) is hereby adopted as the property maintenance code and the energy conservation code, respectively, for buildings and structures within the city as herein provided. Each and all of the regulations of "2021 International Property Maintenance Code" ("Property Maintenance Code") and "the 2021 International Energy Conservation Code" ("Energy Conservation Code") are hereby referred to, readopted, adopted, and made a part hereof, as if fully set forth herein. If any conflicts that arise between the Property Maintenance Code and/or the Energy Conservation Code with the City of Dayton Code of Ordinances, the language in the city's Code of Ordinances shall prevail.
   (B)   Suits pending, etc. Nothing in this section or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed: nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this section.
   (C)   Amendments to Property Maintenance Code. Under the Property Maintenance Code, the term "code official" refers to the City of Dayton Director of Code Enforcement and/or his or her deputies. The following sections of the 2021 International Property Maintenance Code, are hereby revised as follows:
      (1)   Section 101.1, Insert: “the City of Dayton, Campbell County Kentucky”.
      (2)   Section 102.3, Delete in its entirety and replace with “Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Kentucky Building Code, Kentucky Residential Code, the Uniform State Building Code as is established by the Board of Housing, Buildings and Construction of the State of Kentucky, National Electrical Safety Code, the National Electric Code and City of Dayton Code of Ordinances.
      (3)   Section 103.1, Insert: "the City of Dayton, Kentucky, Code Enforcement Department."
      (4)   Section 103.2, Delete "chief appointing authority" and replace with "Mayor."
      (5)   Section 107.1, Delete in its entirety and replace with "Any person directly affected by a decision of the code official or a notice or order issued under this code shall be subject to the civil penalties outlined in Section § 38.15 of the Dayton Code of Ordinances ("City Code") and shall have the right to appeal to the City of Dayton Code Enforcement Board, provided that a written application for appeal is filed with the City Clerk within 10 days after the day the decision, notice, or order was served. See Chapter 38 of the City Code.
      (6)   Section 107, including subsections .1, .2, .3, and .4, Delete in its entirety.
      (7)   Section 108, including subsection .1, Delete in its entirety, including subsection .1.
      (8)   Section 109, including subsections .1, .2, .3, .4, and .5, Delete in its entirety.
      (9)   Section 201.3, Delete in its entirety and replace with "Where terms are not defined in this code and are defined in the Kentucky Building Code, Kentucky Residential Code, City of Dayton Code of Ordinances, National Electrical Code or any applicable code adopted and enforced by the Commonwealth of Kentucky, Campbell County, Kentucky, and the City of Dayton, Kentucky, such terms shall have the meanings ascribed to them as stated in those codes."
      (10)   Section 202, Insert the following definition: "OUTDOOR STORAGE. The keeping of personal or business property in any open space or outdoor area outside of a building or structure. For the purpose of this definition, property shall not include items that were originally designed for continuous outdoor use (e.g., lawn furniture, grills, playground equipment)."
      (11)   Section 302.1, Insert: "and all outdoor storage shall be removed."
      (12)   Section 302.4, Insert: "six (6) inches"
      (13)   Section 302.8, Delete in its entirety and replace with "No inoperative, abandoned, or unlicensed motor vehicle, trailer, recreational vehicle, camper, boat or similar equipment shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. All motor vehicles, trailers, recreational vehicles, campers, boats and similar equipment shall be parked, kept or stored on a paved surface. All trailers, recreational vehicles, campers, boats and similar equipment shall be parked, kept or stored in the rear yard and may be parked, kept or stored in the side yard behind the front structure line of the principal structure if approved by the Board of Adjustment. In no case shall more than one trailer, recreational vehicle, camper, boat or similar equipment be permitted outside of an enclosed building on any premises.
         Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes."
      (14)   Section 303.2, Delete in its entirety and replace with "Enclosures for swimming pools, hot tubs, and spas shall be regulated by the Kentucky Building Code, Kentucky Residential Code, the City of Dayton Zoning Ordinance, and any applicable codes adopted and enforced by the Commonwealth of Kentucky."
      (15)   Section 304.14, Insert: "April 1 to October 31."
      (16)   Section 401.3, Replace "International Building Code" with "Kentucky Building Code, Kentucky Residential Code, or any applicable code adopted and enforced by the Commonwealth of Kentucky."
      (17)   Section 602.3, Insert: "October 1 to April 1."
      (18)   Section 602.4, Insert: "October 1 to April 1."
      (19)   Section 702.1, Delete: "International Fire Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
      (20)   Section 702.2, Delete: "International Fire Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
      (21)   Section 702.3, Delete: "International Building Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
      (22)   Section 702.4, Delete: "International Building Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
      (23)   Section 703.7, Delete: "International Building Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
      (24)   Section 704.1, Delete: "International Fire Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
      (25)   Section 704.1.2, Delete: "International Building Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
      (26)   Section 704.4.2, Delete: "International Building Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
      (27)   Section 705.1, Delete: "International Residential Code" and replace with "Kentucky Building Code, Kentucky Residential Code, City of Dayton Code of Ordinances, and the International Fire Code."
   (D)   Amendments to Energy Conservation Code. Under the Energy Conservation Code, the term "code official" refers to the City of Dayton Director of Code Enforcement and/or his or her deputies. The 2021 International Energy Conservation Code, excluding appendices, are hereby adopted by the City of Dayton, Kentucky, with the following revision:
      (1)   Section Cl01.1, Insert: "the City of Dayton, Campbell County Kentucky."
   (E)   Severability. If any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council for the City of Dayton hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
(Ord. 2016-1, passed 5-3-16; Am. Ord. 2019-1, passed 2-5-19; Am. Ord. 2021-19, passed 12-7-21)
§ 150.04 ADOPTION OF NFPA 1 FIRE CODE, NFPA 101 LIFE SAFETY CODE, AND NFPA 70 NATIONAL ELECTRIC CODE.
   Fire and life-safety regulations promulgated by National Fire Protection Association - specifically the 2018 edition of “NFPA 1 Fire Code,” the 2018 edition “NFPA 101 Life Safety Code,” and the 2017 edition “NFPA 70 National Electric Code,” and future amendments to these codes - are hereby adopted for use in and application to all buildings and structures in the city.
(Ord. 2022-23, passed 9-20-22)
PERMITS
§ 150.15 BUILDING AND WRECKING PERMITS REQUIRED; EXCEPTION.
   (A)   It shall be unlawful to construct, enlarge, alter, remove, or demolish a building or to install or alter any equipment without first filing application with the City Inspector/Zoning Administrator and writing and obtaining the required permit therefor, except that ordinary repairs as defined in division (B) of this section shall be exempt from this provision.
   (B)   Ordinary repairs to buildings may be made without application or notice to the City Inspector/Zoning Administrator; but those repairs shall not include the removal or cutting away of any wall, partition, or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of ingress and egress, or the rearrangement of parts of a structure affecting the exitway requirements. Ordinary repairs shall not include addition to, alteration of, replacement of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring, or mechanical or other work affecting public health and safety.
(Ord. 950.2, passed 2-9-76) Civil offense, see § 38.15
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