The provisions of this Code shall apply to all matters affecting or relating to structures, buildings, premises, and those areas of applicability as set forth in Section 1331.101.02. Where, in a specific case, different sections of this Code specify different requirements, the most restrictive shall govern.
Equipment, systems, devices and safeguards required by this code 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, owner’s authorized agent, operator or occupant shall cause any service, facility, equipment or utility that is required under this section to be removed from, 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 code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures and premises.
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the codes legally adopted in this jurisdiction.
The provisions in this Code shall not be construed so as to abolish, waive or impair existing remedies of this jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.
Repairs, maintenance work, alterations or installation s which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a safe and workmanlike manner and, if applicable, installed in accordance with pertinent manufacturer's installation instructions.
The provisions of this Code may be waived for existing buildings or structures designated as a historic building or historic structure by any federal or state agency or department, or by the City of Fairborn, and when such building s or structures are determined by the Fairborn Chief Building Official to be safe and such waiver is in the best interest of the public health, safety and welfare.
The codes and standards referenced in this code shall be replaced by the locally adopted code standards listed in Chapter 1338 and considered part of the requirements of this code to the prescribed extent of each such reference.
Exception:
Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.
Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
Requirements necessary for the strength, stability or proper operation of an existing structure or building, or requirements necessary for the operation of equipment or operation of machines necessary for the u se of a building or structure, shall be determined by the Chief Code Official when in the opinion of the Chief Code Official it is necessary to make such determination and when such requirements are not specifically covered by this Code. Any such determination shall be based upon the public safety, health and general welfare.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. (Ord. 21-15. Passed 6-15-15.)