1731.01 CURRENT EDITION ADOPTED.

   Pursuant to Ohio R.C. 731.231, there is hereby adopted by and for the Municipality the Ohio Basic Building Code (OBBC), being particularly the most current edition thereof, as adopted by the Ohio Board of Building Standards, Department of Commerce, Department of Industrial Relations, and as published in Division 4101:2 of the Ohio Administrative Code (OAC), save and except such portions thereof as may be hereinafter amended or deleted.

(Ord. 52-1998. Passed 3-2-98; Eff. 4-2-98.)

1731.02 PURPOSE.

   The purpose of the OBBC, as adopted in Section 1731.01, is to:

   (a)   Provide uniform minimum standards and requirements for the erection, construction, repair, alteration and maintenance of buildings, including construction of industrialized units, such standards relating to the conservation of energy, safety and sanitation of buildings for their intended use and occupancy;

   (b)   Formulate such standards and requirements, so far as is practical, in terms of performance objectives, so as to make adequate performance for the use intended the test of acceptability;

   (c)   Permit, to the fullest extent feasible, the use of materials and technical methods, devices and improvements, including the use of industrialized units, which tend to reduce the cost of construction and erection without affecting minimum requirements for the health, safety and security of the occupants or users of buildings or industrialized units and without preferential treatment of types or classes of materials or products or methods of construction; and

   (d)   Encourage, so far as may be practical, the standardization of construction practices, methods, equipment, material and techniques, including methods employed to produce industrialized units.

(OAC 4101:2-1-05)

1731.03 APPLICATION.

   The OBBC applies to all buildings except as follows:

   (a)   Single-family, two-family and three-family dwelling houses which are not constructed of industrialized units, except for the energy conservation provisions required in “Chapter 13, Energy Conservation” of the OBBC (see Ohio R.C. 3781.06, 3781.181 and 3781.182);

   (b)   Buildings owned by and used for a function of the United States government;

   (c)   Existing buildings where their location, parts, equipment and other items do not constitute a serious hazard, unless otherwise regulated by the provisions of “Chapter 34, Existing Structures” of the OBBC;

   (d)   Buildings constructed in accordance with plans which have been approved prior to the effective date of the OBBC;

   (e)   Buildings or structures which are incident to the use for agricultural purposes of the land on which said buildings or structures are located, provided such buildings or structures are not used in the business of retail trade. For the purposes of this section, a building or structure is not considered used in the business of retail trade if fifty percent or more of the gross income received from sales of products in the building or structure by the owner or operator is from sales of products produced or raised in a normal crop year on farms owned or operated by the seller (see Ohio R.C. 3781.06 and 3781.061);

   (f)   Agricultural labor camps as defined in Ohio R.C. 3733.41;

   (g)   Single-family, two-family and three-family detached dwelling houses for which applications have been submitted to the Ohio Director of Human Services pursuant to Ohio R.C. 5104.03 for the purposes of operating type A family day-care homes as defined in Ohio R.C. 5104.01;

   (h)   Buildings or structures which are designed, constructed and maintained in accordance with Federal standards and regulations and are used primarily for Federal and State military purposes where the U.S. Secretary of Defense, pursuant to 10 U.S.C. 2233(a)(1), (5) and (6) and 2237, has:

      (1)   Acquired, by purchase, lease or transfer, and constructs, expands, rehabilitates or corrects and equips, such buildings or structures as he or she determines to be necessary to carry out the purposes of Chapter 133 of the U.S.C.;

      (2)   Contributed to the State of Ohio such amounts for the acquisition, construction, expansion, rehabilitation and conversion by the State of Ohio of such additional buildings or structures as he or she determines to be required because of the failure of existing facilities to meet the purposes of Chapter 133 of the U.S.C.; or

      (3)   Contributed to the State of Ohio such amounts for the construction, alteration or rehabilitation of arms storage rooms as he or she determines to be required to meet a change in U.S. Department of Defense standards relating to the safekeeping of arms.

(OAC 4101:2-1-09)

1731.04 COMPLIANCE; VIOLATIONS.

   (a)   No owner or any other person shall construct, erect, build or equip any building or structure to which the OBBC is applicable, or make any addition thereto or alteration thereof, except in the case of repairs or maintenance that does not affect the construction, sanitation, safety or any other vital feature of such building or structure, without complying with this chapter, Ohio R.C. Chapters 3781 and 3791 or the OBBC, or fail to comply with any lawful order issued pursuant thereto.

(ORC 3791.01, 3791.02)

   (b)   No architect, builder, engineer, plumber, carpenter, mason, contractor, subcontractor, foreman or employee shall violate or assist in violating any of the provisions of this chapter, Ohio R.C. Chapters 3781 and 3791 or the OBBC, or fail to comply with any lawful order issued pursuant thereto.

(ORC 3791.01, 3791.03)

   (c)   No owner or any other person shall proceed with the construction, erection, alteration or equipment of any building or structure to which the OBBC is applicable without complying with this chapter and the plan and specification submission and processing requirements of the Municipality and/or the OBBC and until plans or drawings, specifications and data have been approved or the industrialized unit has been inspected at the point of origin.

(ORC 3791.04)

1731.05 NEW WORK; CHANGE OF USE; MAINTENANCE. (REPEALED)

(EDITOR'S NOTE: Section 1731.05 was repealed as part of the 1996 updating and revision of these Codified Ordinances because substantially identical State law (OAC 4101:2-1-10, 4101:2-1-11 and 4101:2-1-13) was repealed by the Ohio Board of Building Standards.)

1731.06 ENFORCEMENT.

   (a)   When the Municipality finds that work or equipment is contrary to this chapter, approved plans therefor or the OBBC, notice in writing shall be sent to the owner of the building involved or his or her agent. The notice shall state where and in what respect the work or equipment does not conform to such lawful requirements and shall specify a reasonable period of time in which to conform.

(OAC 4101:2-1-34)

   (b)   Prior to enforcement of Ohio R.C. Chapters 3781 and 3791, or any rules adopted pursuant thereto, including the OBBC, as adopted in Section 1731.01, by any remedy, civil or criminal, the Municipality shall issue an adjudication order within the meaning of Ohio R.C. 119.06 to 119.13 or a stop work order as provided in Section 4101:2-1-36 of the OAC.

   (c)   Every adjudication order shall cite the law or rules directly involved and shall specify what appliances, site preparations, additions or alterations to structures, plans, materials, assemblages or procedures are necessary for the same to comply with Ohio R.C. Chapters 3781 and 3791 and/or any rules adopted pursuant thereto, including the provisions of the OBBC adopted in Section 1731.01.

   (d)   The order shall include notice to the party of the procedure for appeal and right to a hearing if requested within thirty days of the mailing of the notice. The notice shall also inform the party that at the hearing he or she may be represented by counsel, present his or her arguments or contentions orally or in writing, and present evidence and examine witnesses appearing for or against him or her.

   (e)   Upon the issuance of any order provided for herein or in Section 4101:2-1-36 of the OAC, the person receiving such order shall cease work upon the site preparations or structure to be constructed, or, in the case of an industrialized unit, the installation of the unit, or shall cease using the appliance, materials, assemblages or manufactured product identified in the order until such time as the appeal provided for in accordance with the provisions of Ohio R.C. 3781.19, and all appeals from such hearing, have been completed, or the order herein has been released.

(OAC 4101:2-1-35)

   (f)   Failure to cease work after receipt of a stop work order as provided in Section 4101:2-1-36 of the OAC is hereby declared to be a public nuisance.

(OAC 4101:2-1-36)