For the purpose of this Code, and any written or verbal reference thereto, those abbreviations, terms, phrases, words and their derivatives are used as defined below. The following definitions are supplemental to those found in the adopted Codes:
ACCESS ROAD. Road serving one or more remotely located buildings; runs between public right-of-way and required drive way.
AREAWAY. An open subsurface space adjacent to a building used to admit light and air or as a means of access to a basement or crawl space.
BACKFILL. To place selected earth or fill material in an excavated void.
BREEZEWAY. A covered passage between two buildings, open at the sides.
BUILDER. Person, firm or corporation who constructs or oversees a construction operation; one who undertakes to supervise all or some of the trades such as carpentry, concrete work, masonry, etc., of a building or structure; that party who enters into an agreement with a buyer or owner to provide him with a structure.
BUILDING AREA. Area remaining on a lot available for construction of a building or accessory structure after the minimum zoning requirements for yards and setbacks has been met. (As defined in the Forest Park Zoning Ordinance.)
CARPORT. A roofed space having at least two sides open to the weather, primarily designed or used for motor vehicle parking. (As defined in the Forest Park Zoning Ordinance.)
CATCH BASIN. A cistern or vault at a point where yard or street water discharges into a sewer, designed to catch matter which would not pass readily through the sewer. (As defined in the Forest Park Zoning Ordinance.)
CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a structure that involves a change in the application of the requirements of the building code, is assigned a different SIC code, or otherwise requires zoning review.
DANGEROUS BUILDING. See UNSAFE BUILDING as defined in this section.
DRAINAGE SYSTEM. Those man-made items and natural features which collect stormwater from roofed, paved or natural surfaces and convey same to proper outflow; includes all facilities from the collecting surface to outflow, as defined in the Zoning Code.
DRIVEWAY. A private way to a single building for the use of vehicles and pedestrians.
EASEMENT. A vested or acquired right to use land other than as a tenant, for a specific purpose, such right being held by someone other than the owner who holds title to the land; must be properly recorded in all applicable deeds, as defined in the Zoning Code.
FAMILY. As defined in the Zoning Code.
FENCE. A structure forming an enclosure around a space or object; constructed of materials such as posts, boards, palings, rails, wire, masonry, or concrete.
FLASHING. Sheet metal or other impervious material used in roof and wall construction to protect a building and/or building openings against seepage of water.
GRADE.
(1) FINISH. The top surface elevation of lawns, walks, drives or other improved surfaces after completion of construction of grading operations.
(2) NATURAL. The elevation of the original or undisturbed natural surface of the ground.
(3) SUBGRADE. The elevation established to receive top surfacing or finishing materials.
(4) EXISTING. Present level of ground; may be natural grade or top of fill.
GRAVITY WALL. A retaining wall designed so that the stability is dependent principally on the weight of the wall.
GUTTER.
(1) A channel at the eaves for collecting and conveying rainwater draining off of the roof.
(2) A channel formed by the street curb and paving used to convey storm water to proper outflow.
HEARTH. The floor of a fireplace box; the surface material on which the fire is made. Also, extension of this surface in front of or to the sides of the firebox.
NUISANCE. As defined in R.C. §§ 715.263 and 3767.41. NUISANCE means a building that is structurally unsafe, unsanitary, or not provided with adequate safe egress; that constitutes a fire hazard, is otherwise dangerous to human life, or is otherwise no longer fit and habitable; or that, in relation to its existing use, constitutes a hazard to the public health, welfare, or safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.
RETAINING WALL. A wall for sustaining a bank of earth or similar material liable to a landslide.
RIGHT-OF-WAY. The land secured and reserved for public uses, such as highways, streets, sidewalks, utilities, and the like.
STREET. The entire area between right-of-way (or easement) lines opens to public use as a thoroughfare for vehicular travel, including the paved roadway itself.
SUBSTANTIAL STRUCTURAL DAMAGE. A condition where:
(1) In any story, the vertical elements of the lateral force-resisting system have suffered damage such that the lateral load-carrying capacity of the structure in any horizontal direction has been reduced by more than 20% from its pre-damage condition; or
(2) The capacity of any vertical gravity load-carrying component, or any group of such components, that supports more than 30% of the total area of the structure's floor(s) and roof(s) has been reduced more than 20% from its pre-damage condition and the remaining capacity of such affected elements, with respect to all dead and live loads, is less than 75% of that required by this Code for new buildings of similar structure, purpose and location.
UNSAFE BUILDING. Buildings, structures, or existing equipment that are unsafe or unsanitary due to substantial structural damage, inadequate means of egress, facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life, shall be deemed a serious hazard and unsafe. Where a building, or structure, or equipment are found to be a serious hazard, such hazard shall be eliminated, or the building be vacated, and where such building, when vacated, remains a hazard, shall be razed (§ 109.4). Any building, structure, equipment, or premises wherein there exists
any of the following conditions to an extent that endangers the life, limb, health, property, safety, or welfares of the occupants, or of the public, shall be deemed, and hereby is declared to be an unsafe building:
(1) Structural hazards.
(a) Conditions of "substantial structural damage" as defined in this Code.
(b) Whenever any portion thereof has been damaged by fire, earthquake, wind, or flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of these regulations for new buildings of similar structure, purpose or location.
(c) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(d) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in these regulations for a new building of similar structure, purpose or location without exceeding the working stresses permitted in these regulations for such buildings.
(e) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
(f) Whenever the building or structure, or any portion thereof, is unable to support the imposed loads because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or stability of any portion of the ground necessary for the purpose of supporting such building;
4. The deterioration, decay or inadequacy of its foundation;
5. Deterioration or inadequate foundations;
6. Defective or deteriorated flooring or floor supports;
7. Members of walls, partitions or other vertical supports that are split, that lean, list or buckle due to defective material or deterioration;
8. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety;
9. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;
10. Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are of insufficient size to carry imposed loads with safety;
11. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration;
12. Fireplaces or chimneys which are of insufficient size or strength.
(2) Inadequate sanitation. Inadequate sanitation shall include but not be limited to:
(a) Lack of improper water closets, lavatories and bathtubs or showers as required by Code(s);
(b) Lack of or improper kitchen sink or hot and cold running water to plumbing fixtures due to severe failure of maintenance of the plumbing system.
(c) Lack of adequate heating facilities.
(d) Lack of minimum amounts of natural light and ventilation required by these regulations.
(e) Lack of required electrical lighting due to severe failure of maintenance of the electrical system.
(f) Excessive dampness of habitable rooms such as to cause mold, mildew, decay, rot or infestation.
(g) Lack of compliance with Hamilton County Health Regulations, regarding sanitary and sewage conditions, garbage storage and removal, infestation of insects, vermin or rodents, and the like.
(h) Whenever a building, used or intended to be used for dwelling purposes because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the Health Officer to be unsanitary, unfit for human habitation or in such condition that is likely to cause sickness or disease.
(3) Fire hazard. Any building or portion thereof, device, apparatus, equipment, electrical installation, fuel connections, combustible waste or vegetation which, in the opinion of the Fire Department is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(4) Inadequate fire-protection or fire-fighting equipment. All buildings or portions thereof which are not provided with fire-resistive construction or fire extinguishing systems or equipment required by these regulations except buildings or portions thereof which conformed with all applicable laws at the time of their construction, and which existing fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any change in occupancy.
(5) Inadequate exits. All buildings or portions thereof not provided with adequate exit facilities as required by these regulations, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of or improper location of exits, the installation of additional exits may be required.
(a) Whenever any door, aisle, passageway, stairway or other means of egress that does not conform to the building or fire codes for existing buildings.
(b) Whenever any exterior stairs, decks, porches, balconies, guards, handrails are not structurally sound or are not properly enclosed such that those egress elements are not capable of supporting the required dead and live loads.
(6) Improper occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which are not designed or intended to be used for such occupancies.
(7) Whenever the building has been abandoned or so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:
(a) An attractive nuisance to children;
(b) A harbor for vagrants, criminals or immoral persons;
(c) Predisposed to enable persons to resort thereto for the purpose of committing unlawful or immoral acts; or
(d) A nuisance as defined in these regulations.
(8) Faulty weather protection such as to cause a serious hazard relative to those conditions listed in divisions (1) through (7) above.
(9) The above unsafe condition descriptions may be further defined and delineated by the adopted IPMC definitions (§§ 108.1.5, 304.1.1, 305.1.1, 306.1.1).
(Ord. 24-2019, passed 8-5-19)