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   1329.05 EXISTING STRUCTURES.
   The provisions of Chapter 34 of the Ohio Building Code shall control the alteration, repair, addition, and change of occupancy of any existing structure.
   The occupancy of any structure currently existing on the date of adoption of this Code shall be permitted to continue without change provided the alleged occupancy can be shown to have existed for more than two years and there are no orders of the Building Official pending, no evidence of fraud, or no serious safety or sanitation hazard.
   Buildings constructed in accordance with plans which have been approved prior to the effective date of this Code are existing buildings.
(OBC 102.6)
   1329.06 VIOLATIONS.
   (a)   Adjudication Orders Required Before Legal Proceedings. Before the Municipality attempts to enforce Chapters 3781 and 3791 of the Ohio Revised Code or any rules adopted pursuant thereto, by any remedy, civil or criminal, it shall issue an adjudication order within the meaning of Sections 119.06 to 119.13 of the Ohio Revised Code or a stop work order as provided in Section 1329.07. Every adjudication order shall:
      (1)   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 Chapters 3781 and 3791 of the Ohio Revised Code.
      (2)   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 may be represented by counsel, present his arguments or contentions orally or in writing and present evidence and examine witnesses appearing for or against him.
   (b)   Notice of Violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure. When the Building Official finds that work or equipment is contrary to approved construction documents and the rules of the Board of Building Standards, the Building Official shall send a notice in writing to the owner of said building or the owner’s agent which 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. The notice shall specify a reasonable period of time in which to conform to said plans or the rules of the Board. Before any work may continue on the construction, erection, alteration, or equipment of any building for which the approval is invalid, the owner of the building shall resubmit the plans or drawings and specifications for approval as required under Section 105.3 of the Ohio Building Code.
   (c)   Prosecution of Violation. Upon the issuance of any order provided for in this section or Section 1329.07, the person receiving an 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 Section 3781.19 of the Ohio Revised Code and all appeals from such hearing have been completed, or the order has been released.
(OBC 113)
   1329.07 STOP WORK ORDER.
   (a)   Authority. Whenever the Building Official finds any work regulated by this Code being performed in a manner contrary to the provisions of this Code or in a dangerous or unsafe manner, the Building Official is authorized to issue a stop work order whenever the Building Official finds, after inspection, that the site preparations or structure to be constructed, or in the case of an industrialized unit, the installation of the unit, or that the use of an appliance, materials, assemblage, or manufactured product does not comply with the provisions of Chapters 3781 and 3791 of the Ohio Revised Code or the rules adopted pursuant thereto. The effect of such an order shall be limited to the matter specified in the order.
   (b)   Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent and the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
   (c)   Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition. Failure to cease work after receipt of a stop work order is hereby declared a public nuisance.
(OBC 114)
   1329.08 CONFLICT.
   (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)
   1329.09 ENFORCEMENT.
   (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 or his designees shall enforce all provisions of the rules of the Board relating to fire prevention.
         (Ord. 2020-35. Passed 2-15-21.)
      (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)
   1329.10 FILE COPIES.
   Copies of the Ohio Building Code adopted herein are on file with the Building Commissioner for inspection by the public.
   1329.11 AMENDMENTS.
   The Ohio Building Code adopted herein is hereby amended as follows:
Special Provisions Applicable to Certificates of Occupancy for Multiple Dwellings Only.
The following provisions shall apply to certificates of occupancy for multiple dwellings.
   (a)   Original Certificates of Occupancy.
      (1)   The original certificate of occupancy shall be granted by the Building Commissioner if he finds upon inspection that the building or other structure is in compliance with the provision of this Code and all other laws, ordinances, rules and regulations applicable thereto. The certificate shall state the name and address of the owner, and, if the owner does not reside on the premises, the name and address of the resident agent in charge of the building or structure, and the name and address of the nonresident agent, if any.
      (2)   The certificate of occupancy shall state the period for which it is issued. The certificate shall not be valid beyond the last day of December in the year for which it is issued. A renewal certificate shall be obtained each year before February 1, subject to the provisions of subsection (a) hereof.
      (3)   The fee for a certificate of occupancy issued upon the completion of an apartment building shall be as provided in Chapter 1309. Such fees shall accompany the application for certificate of occupancy or renewal thereof and shall be nonrefundable.
   (b)   Changes; New Certificate of Occupancy and Fees.
      (1)   In the event there is a change in the resident agent or nonresident agent as shown by the certificate of occupancy, the owner shall notify the Building Commissioner in writing within 30 days of such change, giving the name and address of the new resident agent or nonresident agent. Failure to so notify the Commissioner within the specified time shall constitute a violation of this Code.
      (2)   In the event there is a change in ownership of record, the certificate of occupancy issued under the provisions of this Code to the former owner shall become void within 30 days after the recorded date of such change of ownership and a new certificate of occupancy must be obtained by the new owner. Application for such new certificate of occupancy shall be made not more than 30 days after such change of ownership has occurred on forms supplied by the Commissioner. Such new certificate of occupancy shall expire on the same date as that of the certificate which it replaces.
      (3)   A change in the nature or extent of the use or occupancy as specified on the certificate of occupancy shall render the certificate of occupancy void upon the happening of such change. No such change is permissible under this Code unless such change has been approved by the municipal authorities pursuant to this Code, and unless a new certificate of occupancy, incorporating such change, has been issued. Any such change without the approval of the proper municipal authorities will subject the owner, operator or agent to the penalties provided in this Code. If such change involves the addition of any dwelling units to the number of dwelling units previously authorized, an additional fee as provided in Chapter 1309 shall be charged for each such additional dwelling unit, regardless of the date authorized. Such new certificate shall expire on the same date as that of the certificate which it replaces.
   (c)   Revocation of Certificate of Occupancy. The Building Commissioner shall have the power to revoke a certificate of occupancy if any false statement shall be made by the applicant in connection with the issuance of such certificate, or for noncompliance of a structure or its use with the requirements of this Code or if the owner, agent or person in charge of a structure shall refuse to comply with any provision of this Code required to be observed by him.
      (Ord. 98-28. Passed 9-28-98.)
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