1440.07 DEFINITIONS.
   As used in this Building Code:
   (a)   "Accessory structure" means a building or structure the use of which is incidental to that of the main building and which is located on the same lot, is structurally detached from the main building and exceeds 120 square feet and/or exceeds a height of ten feet.
   (b)   "Approved" means approval by the Building Inspector as the result of an investigation and test conducted and approved by him or her, or by reason of accepted principles or a test by an approved nationally recognized organization.
   (c)   "Building" means any structure used for the shelter, occupancy, support, enclosure and/or protection of persons, animals, chattels and/or property.
   (d)   "Building Code" means Titles Two, Four and Six of this Part Fourteen - the Building and Housing Code.
   (e)   "Building, existing" means a building erected prior to the adoption of this Building Code, or one for which a legal building permit has been issued, provided such building is not dangerous to life.
   (f)   "Building Inspector" means the officer charged with the administration and enforcement of this Building Code, or his or her duly appointed assistant.
   (g)   "Ceiling height" means clear vertical distance from the finished floor to the finished ceiling
   (h)   "Dangerous building" means any building which has one or more conditions or defects hereinafter described, provided that such conditions or defects exist to the extent that the life, health, property or safety of the general public, or the occupants of the building, are endangered:
      (1)   Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged or maintained, as to provide safe and adequate means of exit in case of fire or panic.
      (2)   Whenever the stress in any materials, members or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in this Building Code for a new building of similar structure, purpose or location.
      (3)   Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such a catastrophe and is less than the minimum requirements of this Building Code for a new building of similar structure, purpose or location.
      (4)   Whenever any portion, member or appurtenance thereof is likely to fail, to become detached or dislodged or to collapse and thereby injure persons or damage property.
      (5)   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, as to be capable of resisting a wind pressure of one-half of that specified in this Building Code for a new building of similar structure, purpose or location without exceeding the working stresses as permitted in this Building Code for such buildings.
      (6)   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 wind or loads than is required in the case of similar new construction.
      (7)   Whenever the building or structure, or any portion thereof, because of the following conditions, is likely to partially or completely collapse:
         A.   Dilapidation, deterioration or decay;
         B.   Faulty construction;
         C.   The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
         D.   The deterioration, decay or inadequacy of its foundation; or
         E.   Any other cause.
      (8)   Whenever the exterior walls or other structural members list, lean or buckle to such an extent that a plumb line or level passing through the center does not fall inside the middle one-third of the base.
      (9)   Whenever the building, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
      (10)   Whenever the building has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated, as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts, or as to become an attractive nuisance to children or a harbor for vagrants, criminals or immoral persons.
      (11)   Whenever any building has been constructed or exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by this Building Code or of any law or regulation of the State or County relating to the condition, location or structure of such building.
      (12)   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 Commissioner to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease.
      (13)   Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electrical wiring or heating apparatus, or other cause, is determined by the Building Inspector to be a fire hazard.
      (14)   Whenever any building or structure is in such a condition as to constitute a public nuisance known in the common law or in equity jurisprudence.
   (i)   "Dwelling" means any structure and/or part of a structure (except a house trailer or mobile home, as defined by Ohio R.C. 4501.01) that is wholly or partially used as a residence by one or more persons.
   (j)   "Family" means one or more persons who occupy a dwelling unit and who satisfy one of the following two conditions:
      (1)   All of the persons are related by guardianship, custodianship, blood, marriage and/or adoption; or
      (2)   There are five or fewer persons in the dwelling unit, if one or more persons are not related to all other persons in the dwelling unit by guardianship, custodianship, blood, marriage and/or adoption.
   (k)   "Grade" means the finished ground level adjoining the building at all exterior walls.
   (l)   "Kitchen" means an area used or designed to be used for the preparation of food.
   (m)   "Listed' and "listing" refer to equipment which is shown in a list published by an approved testing agency that is qualified and equipped for experimental testing, that maintains an adequate periodic inspection of current productions and whose listing states that such equipment complies with nationally recognized standards.
   (n)   "Loads, dead" means the weight of the walls, partitions, framing, floors, ceilings, roofs and all other permanent stationary construction entering into and becoming part of the building.
   (o)   "Loads, live" means all loads except dead and lateral loads.
   (p)   "Manufactured home" means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Such term shall include any structure which meets all the requirements of this paragraph, except the size requirements, with respect to which the manufacturer voluntarily files a certification required by the Secretary (HUD) and complies with the standards established under this Building Code. For mobile homes built prior to June 15, 1976, a label certifying compliance with the standard for mobile homes, NFPA Sol, ANSI 119.1, in effect at the time of manufacture, is required. For the purpose of these provisions, a mobile home shall be considered a manufactured home and OBC trailers are included.
   (q)   "Repair", "equip" or "maintain" means a structural alteration requiring the inspection or the services of the Building Inspector for the City of London and shall not be construed as requiring a permit where no structural deviation of the building is involved. This definition specifically excludes reroofing where only new weather protection by way of shingles, etc. is being placed on an existing roof, windows, where the windows are being replaced within their current opening, and removal of wall material to be replaced with new wall material that does not cause a structural change in the building.
   (r)   "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and ceiling or roof above.
   (s)   "Substandard building means any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof:
      (1)   Inadequate sanitation as determined by the Health Commissioner.
      (2)   Structural hazards. Structural hazards shall include, but shall not be limited to, the following:
         A.   Deteriorated or inadequate foundations.
         B.   Defective or deteriorated flooring or floor supports.
         C.   Flooring or floor supports of insufficient size to carry imposed loads with safety.
         D.   Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective materials or deterioration.
         E.   Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety.
         F.   Members of ceilings, roofs, supports or other horizontal members which sag, split or buckle due to defective material or deterioration or members that are of insufficient size to carry imposed loads with safety.
         G.   Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration or which are of insufficient size or strength to carry imposed loads with safety.
      (3)   Nuisances as defined in this Building Code.
      (4)   Hazardous wiring, being all wiring except that which conformed to all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner.
      (5)   Hazardous plumbing, as determined by the Health Commissioner.
      (6)   Hazardous mechanical equipment, being all equipment, including vents, except that which conformed to all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.
      (7)   A fire hazard, which is any building, or portion thereof, device, apparatus, equipment and combustible waste, except that which conformed to all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.
      (8)   Faulty materials or construction, being all materials or construction, except those which are specifically allowed or approved by this Building Code, and which have been adequately maintained in good and safe condition.
      (9)   Inadequate exits, being all buildings or portions thereof not provided with adequate exit facilities as required by this Building Code. When an unsafe condition exists through lack of or improper location of exits, additional exits may be required to be installed.
      (10)   Improper occupancy, being all buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.
   (t)   "Townhouse" means a single-family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least two sides.
   (u)   "Unsafe building". (See "Dangerous building.")
(Ord. 167-95. Passed 8-3-95.)