(A) General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this chapter and the referenced standards, the provisions of this chapter shall apply. Where, in a specific case, different sections of this chapter specify different requirements, the most restrictive requirement shall govern.
(B) Maintenance. Equipment, systems, devices and safeguards required by this chapter or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this chapter are not intended to provide the basis for removal or elimination of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and premises.
(C) Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the applicable code as referenced in § 153.006 of this chapter. Nothing in this chapter shall be construed to cancel, modify or set aside any provision of other codes, or regulations of utility providers, or ordinances or regulations of the city.
(D) Existing remedies. The provisions in this chapter shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.
(E) Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this chapter shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s instructions.
(F) Historic buildings. The provisions of this chapter shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the Code Official or his or her designee to be safe and in the public interest of health, safety and welfare.
(G) Referenced codes and standards. The codes and standards referenced in this chapter shall be those that are listed in § 153.006 of this chapter and considered part of the requirements of this chapter to the prescribed extent of each such reference and as further regulated in divisions (G)(1) and (G)(2) below. Exception: where enforcement of a code would violate the conditions of the manufacturer’s instructions for the equipment or appliance, the conditions of the manufacturer’s instructions shall apply.
(1) Conflicts. Where conflicts occur between provisions of this chapter and the referenced standards, the provisions of this chapter shall apply.
(2) Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this chapter, the provisions of this chapter, as applicable, shall take precedence over the provisions in the referenced code or standard.
(H) Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this chapter, shall be determined by the Code Official.
(I) Other laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law.
(Ord. 04-2017, passed 5-15-2017)