(a) Definitions. Wherever titles, words and phrases are used in portions of the One and Two Family Dwelling Code herein adopted, such terms shall be construed to mean the equivalent officer, word or phrase applicable to the Municipality of New Boston. "Building Official" as used in such Code, means the New Boston Building Inspector.
(b) Amendments. The One and Two Family Dwelling Code adopted herein is hereby amended and changed in the following respects:
(1) Sec. R-106. Violations and Penalties (Amended).
No person, firm or corporation, whether as owner, lessee or sub-lessee or occupant shall erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain anyone, two or three- family dwelling in the Municipality or cause or permit the same to be done, contrary to or in violation of any provision of this Code.
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 any violation or failure to cease work after receipt of a stop work order.
(2) Sec. R-107. Right of Appeal (Amended).
All persons shall have the right to appeal the Building Official's decision to the local regulating agency.
(3) Sec. R-112. Prefabricated Construction (Amended).
It is the intention of Council that the Ohio Basic Building Code provisions as published in Chapter 4101:2-18 of the Ohio Administrative Code shall apply to and govern one, two and three-family dwellings constructed of industrialized units, notwithstanding any provisions to the contrary as contained in the One and Two Family Dwelling Code adopted herein.
(4) Sec. R-115. Plumbing (Added).
It is the intention of Council that the Ohio Plumbing Code as published in Chapters 4101:2-17 and 4101:2-51 of the Ohio Administrative Code shall apply to plumbing, sewer building and water service installed in one, two and three- family dwellings, notwithstanding any provisions to the contrary as contained in the One and Two Family Dwelling Code adopted herein.
(5) Sec. R-116. Energy Conservation (Added).
Pursuant to Ohio R. C. 3781. 181, 3781. 182 and 3781. 21, all newly constructed one, two and three-family dwellings and additions thereto or any improvement made to conserve energy in any existing dwelling shall be required to conform to the applicable provisions of the "Model Code for Energy Conservation in New Building Construction", 1977 edition, as adopted in Sections 4101:2-20-01 and 4101:2-20-02 of the Ohio Administrative Code.
(6) Sec. R-215 Smoke Detectors (Added).
A. Early fire warning system shall mean an approved automatic warning system of one or more devices that detects any of the products of combustion, including visible or invisible products of combustion, and produces an audible alarm in a building for the purpose of notifying the occupants thereof of the presence of a fire. The primary power for such system may be either an AC electrical system or a monitored battery. Systems with detectors sensitive to heat only are not included in this definition for the purposes of this section.
For the purpose of installation and maintenance only, a system shall be deemed approved if listed by the Underwriters Laboratories, Inc., and conforms to the applicable sections of NFIPA Standard No. 72-1999 titled “National Fire Alarm Code.”
B. The owner of a building rented for residential occupancy for which no early fire warning requirements have been imposed by any other applicable village ordinance or state law shall install an operable early fire warning system and be responsible for assuring that an operable early fire warning system is present on the premises on or before June 1, 2002. One detector shall be installed on each floor of each rental unit in the area of the sleeping area. Each floor includes basements or cellars and excludes crawl spaces and unfinished attics. Each detection device shall cause the operation of an alarm that shall be clearly audible in all bedrooms when all intervening doors are closed and all household equipment that may be in operation at night. All detectors shall be installed and maintained in accordance with NFIPA Standard 72-1999 “National Fire Alarm Code.”
The owner of any dwelling unit shall not rent or lease or cause to be occupied any unit without operating approved smoke detectors as required. The owner shall verify the presence of the required smoke detectors upon the change of occupancy by completing and filing a certificate of compliance with the Fire Chief of the Village of New Boston.
The occupant shall not occupy any living unit without operating approved smoke detectors as required.
“Owner” for the purpose of this section shall mean and include the record owner of the premises as evidenced by the deed records of the Scioto County Recorder and also the purchaser of the premises under a land contract. If the premises are being purchased pursuant to a land contract, it shall be the duty of the purchaser to install the early fire warning system and be responsible for assuring that an operable early fire warning system is present on the premises.
C. In any building or residential occupancy in which the owner is required to have installed an operable early fire warning system, it shall be the responsibility of the occupant of each residential unit to maintain or have maintained the early fire warning system in that unit whether or not such occupant is the owner, as defined in Section R-215(B) of the Building Code. It shall be the responsibility of the owner to maintain or have maintained any detectors required in cellars or basements of multi-unit structures except where the cellar or basement is part of an individual residential unit.
“Maintained or have maintained” for the purpose of this section shall require in the case of a battery-operated device the replacement of the battery when expired, or in the case of an inoperative or missing device or an inoperative AC electrical system the notification of the building owner and the Village Fire Department of the inoperative status of the system or device. All single station smoke detectors with an exterior test device shall be tested at least monthly and upon initial occupancy where required. Smoke detectors designed with a 10 year sealed battery are preferred where battery operated smoke detectors are utilized.
(Ord. 7-2002. Passed 5-21-02.)