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(a) General. Where, in any specific case, different sections of the Ohio Building Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
(b) Other Laws. The provisions of the Ohio Building Code shall not be deemed to nullify any provisions of state or federal law. The Municipality, under Section 3781.01 of the Ohio Revised Code, may make further and additional regulations, not in conflict with Chapters 3781 and 3791 of the Ohio Revised Code or with the rules of the Board of Building Standards. However, under Section 3781.12 of the Ohio Revised Code, approval by the Board of Building Standards of any fixture, device, material, system, assembly or product of a manufacturing process, or method or manner of construction or installation shall constitute approval for their use anywhere in Ohio. The rules of the Board of Building Standards shall supersede and govern any order, standard, or rule of the Division of the Fire Marshal or Industrial Compliance in the Department of Commerce, and Department of Health and of counties and townships, in all cases where such orders, standards or rules are in conflict with the rules of the Board of Building Standards, except that rules adopted and orders issued by the Fire Marshal pursuant to Chapter 3743, of the Ohio Revised Code prevail in the event of a conflict.
(OBC 102)
(a) General. The Building Official shall enforce provisions of the rules of the Board of Building Standards and of Chapters 3781 and 3791 of the Ohio Revised Code, relating to construction, arrangement, and the erection of buildings or parts thereof as defined in the rules of the Board in accordance with the certification except as follows:
(1) Fire. The Fire Marshal or Fire Chief shall enforce all provisions of the rules of the Board relating to fire prevention.
(2) Health. The Department of Health, or the Boards of Health, the Division of Industrial Compliance of the Department of Commerce, or the municipal Department of Building Inspection shall enforce such provisions relating to sanitary construction.
(3) Engineering. The Department of the City Engineer, in cities having such departments, has complete supervision and regulation of the entire sewerage and drainage system of the City, including the house drain and the house sewer and all laterals draining into the street sewers. The department shall have control and supervision of the installation and construction of all drains and sewers that become a part of the sewerage system of the City and shall issue all the necessary permits and licenses for the construction and installation of all house drains and house sewers and of all other lateral drains that empty into the main sewers. Such Department shall keep a permanent record of the installation and location of every drain and sewerage system of the City.
(4) No officer exempted. This section does not exempt any officer or department from the obligation of enforcing any provision of the rules of the Board.
(5) Interpretations. The Building Official shall have the authority to render interpretations of the Ohio Building Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Code.
(b) Applications and Approvals. The Building Official shall receive applications, require the review of submitted construction documents and issue plan approvals for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such approvals have been issued and enforce compliance with the provisions of this Code.
(c) Notices and Orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this Code. When the Building Official finds that work or equipment is contrary to approved plans therefor and the rules of the Board, the Building Official shall send a notice in writing to the owner of said building or the owner’s agent. The notice shall state where and in what respect the work or equipment does not conform to the approved plans for same and the rules of the Board, and specify a reasonable period of time in which to conform to said plans or the rules of the Board.
(d) Inspections. If the plans for the erection, construction, repair, alteration, relocating, or equipment of a building are subject to inspection by the Building Official, under Section 109 of the Ohio Building Code, the Building Official shall cause to be made such inspections, investigations, and determinations as are necessary to determine whether or not the work which has been performed and the installations which have been made are in conformity with the approved plans and to safety and sanitation, except special inspections required under Section 1704 of the Ohio Building Code.
(e) Identification. The Building Department personnel shall show, when requested, proper identification when entering structures or premises in the performance of duties under this Code.
(f) Right of Entry. The Building Official, or Building Official’s designee, is authorized to enter a structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that credentials are presented to the occupant and that entry is requested and obtained. Where permission to enter has not been obtained, is denied, or the Building Official has probable cause to believe that there exists in a structure or upon a premises a condition which is a serious hazard the Building Official shall have recourse to the remedies provided by law to secure entry.
(g) Department Records. The Building Official shall keep official records of applications received, certificate of plan approval issued, notices and orders issued, certificate of occupancy, and other such records required by the rules of the Board of Building Standards. Such information shall be retained in the official permanent record for each project. One set of approved construction documents shall be retained by the Building Official for a period of not less than one hundred eighty days from date of completion of the permitted work, or as required by document retention regulations.
(h) Liability. Liability of certified Building Department personnel for any tortuous act will be determined by Ohio courts to the applicable provisions of Chapter 2744 of the Ohio Revised Code.
(OBC 104)
(a) Plans for all buildings regulated by this chapter shall be prepared by and bear the seal of an Ohio registered architect or engineer. Two copies of such plans shall accompany the application for a building permit; one copy to be retained by the Building Official and one approved copy to be returned to the applicant upon the issuance of a building permit.
(b) The fee for the inspection of all plans and specifications for all buildings, including authorized industrialized units, required to be submitted to the Building Official under this section shall be a fixed administrative processing fee per structure or alteration, plus an additional fee for each 100 square feet of floor surface, or portion thereof, including all basement, cellar and subcellar floors, measuring the outside dimensions of the building at each floor level. Each subsequent alteration or any additional square footage that was not included in a previous plan examination shall be charged at the rates stated herein.
(c) The fees for the inspection of plans and specifications referred to in subsection (b) hereof shall be equal in amount to the fees authorized and charged by the Ohio State Board of Building Standards for inspection and review of plans and specifications submitted to it in compliance with the Ohio Building Code.
The building inspector shall from time to time certify a schedule of fees as being equal to those authorized and charged by the State of Ohio Board of Building Standards, sure certification to be made to the Clerk of Council. The fees set forth in such certification shall be in force upon filing with the Clerk and shall remain in force until superseded by a subsequent certification.
(Ord. 1992-5. Passed 1-27-92.)
(d) A fee for the inspection of a structure for purposes other than where plan examination is or will be required, when requested in writing of the Building Official, shall be charged at the rate of fifty dollars ($50.00) per inspection and shall be paid by the requestor prior to the inspection.
(Ord. 1979-26. Passed 10-8-79; Ord. 1991-4. Passed 5-13-91.)
No building permit for any building shall be granted or issued unless the plans for such building or buildings indicate the placement of hydrants and size of water mains to be in accordance with the following requirements:
(a) A minimum of two hydrants shall be located no further than 500 feet from any building.
(b) No portion of any building shall be more than 300 feet from a hydrant.
(Ord. 1979-26. Passed 10-8-79.)
(c) All water mains installed shall be a minimum of eight inches in diameter, regardless of length.
(Ord. 1984-42. Passed 11-14-84.)
(d) (EDITOR'S NOTE: Former subsection (d) was repealed by Ordinance 1984-42, passed November 14, 1984.)
(e) The Chief of the Fire Division shall approve the location of all fire hydrants herein required to be constructed.
(f) All fire hydrants shall be so located that fire equipment can reach them by the use of driveways or other permanent surfaced roadways.
Notwithstanding the requirements set forth in this section, no person, firm or corporation shall be required to construct a fire hydrant on a public water main located within a public right of way or utility easement.
The Board of Building and Zoning Appeals may, upon application of any person, firm or corporation, grant a variance from the requirements of this section as will not be contrary to the public interest, but only in such cases where the enforcement of this section will result in undue hardship and only after obtaining the advice of the Chief of the Fire Division.
(Ord. 1979-26. Passed 10-8-79.)
All revisions and additions to the Ohio Building Code (as amended, “OBC”), by the appropriate governing body, shall automatically become part of the City’s Building Code. Access to the current version of the OBC shall be available through the Clerk of Council for inspection and for distribution to the public, at cost.
(Ord. 2024-48. Passed 11-12-24.)
Whoever violates any provision of this chapter or any Code adopted herein or fails to comply with any lawful order issued pursuant thereto is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both. Each day during which noncompliance or a violation continues shall constitute a separate offense. The Municipality may institute injunction proceedings in Common Pleas Court to abate the nuisance of failure to cease work after receipt of a stop work order as referred to in Section 1301.07.