1351.05  APPLICABILITY.
   (a)     General. The provision of this Code shall apply to all matters affecting or relating to dwellings, buildings, structures and premises, as set forth in Section 1351.02 .  Where, in a specific case, different sections of this Code specify different requirements, the most restrictive shall govern.
   (b)     Maintenance. Equipment, systems devices, and safeguards required by this Code or a previous regulation or Code under which the dwelling, building, structure or premises was constructed, altered or repaired shall be maintained in good working order.  The requirements of this Code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing buildings, structures, dwellings or premises.  Except as otherwise specified herein, the owner or the owner’s designated agent shall be responsible for the maintenance of all dwellings, buildings, structures and premises.
   (c)     Application of Other Codes.
      (1)   Repairs, additions or alterations to any dwelling, building or structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the codes referenced in Chapter 1367
      (2)   The codes and standards referenced in this Code, and listed in Chapter 1367 , shall be considered part of the requirements of this Code to the prescribed extent of each such reference.  Where differences occur between provisions of this Code and referenced codes or standards, the provisions of this Code shall apply.
   (d)   Existing Remedies.  The provisions in this Code shall not be construed to abolish or impair any remedies, whether in law or in equity, relating to the removal or demolition of any building, dwelling or structure which is dangerous, unsafe and unsanitary, by the City, its officers or its agents. 
   (e)    Workmanship. Repairs, maintenance work, alterations or installations which result either directly or indirectly from the enforcement of this Code shall be executed and installed in workmanlike manner, in accordance with the codes referenced in Chapter 1367 , as applicable, and in accordance with the manufacturer’s installation instructions.
   (f)    Historic Buildings. The provisions of this Code may not be mandatory for existing buildings or structures that have been designated by the State of Ohio and/or the City as historic buildings, if the Code Official or the City of Eaton Appeals Board determines that the burden imposed upon the owner of the building or structure by the enforcement of these provisions would unduly outweigh the City’s interest in the health, safety or welfare of the public. 
   (g)    Requirements Not Covered by Code. Requirements which are necessary for the strength, stability or proper operation of an existing building, dwelling, structure, fixture or equipment, or which are necessary for the protection of the safety, health or welfare of the public, that are not specifically covered by this Code shall be determined by the Code Official and/or other authority having jurisdiction.
(Ord. 04-36.  Passed 1-18-05.)