CHAPTER 1420
General Provisions and Definitions
1420.01   Short title.
1420.02   Application of Code; scope.
1420.03   Interpretation and purpose.
1420.04   New construction and alterations to existing structures.
1420.05   Non-conforming buildings.
1420.06   Workmanship.
1420.07   Misrepresentation of fire resistance in type of construction.
1420.08   Materials of doubtful quality.
1420.09   Conflicts of laws.
1420.10   Separability.
1420.11   Definitions.
1420.99   Penalty.
   CROSS REFERENCES
   Notice to Mayor or prosecuting attorney of refusal to examine buildings - see Ohio R.C. 737.35
   Ohio Building Code - see B. & H. Ch. 1402
   Residential Code of Ohio for One-, Two- and Three-Family Dwellings - see B. & H. Ch. 1404
   National Electrical Code - see B. & H. Ch. 1406
   Tri-County Minimum Residential Rewire Code - see B. & H. Ch. 1408
   International Property Maintenance Code - see B. & H. Ch. 1496
1420.01 SHORT TITLE.
   This Part Fourteen of these Codified Ordinances shall be known, may be cited and is hereinafter referred to as the Building and Housing Code of the City.
(Ord. 42-1981. Passed 2-23-81.)
1420.02 APPLICATION OF CODE; SCOPE.
   (a)   All matters concerning, affecting or relating to the erection, construction, enlargement, alteration, repair, conversion, removal, moving, demolition, height, area, equipment, use and occupancy, location and maintenance of buildings erected or to be erected in the City, are presumed to be provided for by this Building and Housing Code, and any reasonable rules and regulations adopted in furtherance thereof, which are in conformity therewith, except as such matters are otherwise provided for by the City Charter or other valid law or ordinance.
   (b)   The provisions of this Building and Housing Code shall apply to buildings or structures on land or over water, and to constructions, such as vaults, areas or street encroachments, however placed, that are appurtenant to such buildings or structures.
   (c)   Such provisions shall apply with equal force to Municipal, County, school or State buildings, as they do to private buildings, except as may be specifically provided for by statute or ordinance.
(Ord. 42-1981. Passed 2-23-81.)
1420.03 INTERPRETATION AND PURPOSE.
   This Building and Housing Code is declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health and welfare, through structural strength and stability, means of egress, sanitation, adequate light and ventilation, and safety to life and property from fire and hazards incident to the design, erection, construction, enlargement, alteration, repair, conversion, removal, moving, demolition, equipment and use and occupancy of buildings or structures.
(Ord. 42-1981. Passed 2-23-81.)
1420.04 NEW CONSTRUCTION AND ALTERATIONS TO EXISTING STRUCTURES.
   (a)   No building or structure shall hereafter be erected, constructed, enlarged, altered, repaired, removed or moved, nor shall the equipment of a building, structure or premises be constructed, installed, altered, repaired or removed, except in conformity with the provisions of this Building and Housing Code. Alterations to an existing building of a type of construction classified in this Building and Housing Code shall substantially comply with the requirements of this Building and Housing Code for a new building of the same type of construction, except as may be otherwise required in this Building and Housing Code. When more than fifty percent of the area included between walls or cross-partitions, the roof or floor framing, or a ceiling, interior wall or partition, is repaired, the construction of the roof or floor framing, ceiling, interior wall or partition within such area shall be brought into substantial compliance with the requirements of this Building and Housing Code for new buildings of the same type of construction as the building in question.
   (b)   Nothing in this Building and Housing Code shall prohibit the raising or lowering of a building to meet a change of grade in the street on which it is located, provided that the building is not otherwise altered.
   (c)   Authorization of a variation in any provision of this Building and Housing Code by Council shall not be valid unless such variation is effected by an ordinance, enacted and approved as required by the City Charter, amending or supplementing this Building and Housing Code.
   (d)   No person shall maintain, occupy or use a building or structure that has been erected or altered in violation of any provision of this Building and Housing Code, the Ohio Building Code or other codes or ordinances adopted by Council, which are applicable and in effect at the time said building was erected or altered.
(Ord. 42-1981. Passed 2-23-81.)
1420.05 NON-CONFORMING BUILDINGS.
   (a)   Before the use or occupancy of any building or part thereof can be changed, such building shall be made to conform substantially to the requirements of this Building and Housing Code for new buildings. When the use or occupancy of only a portion of a building is changed and that portion is separate from the remainder of the building for fire protection as required by law, then only the portion of the building so separated shall be required to conform to the provisions of this Building and Housing Code for new buildings, except that means of egress from the building shall be provided for such use or occupancy as required for new buildings.
   (b)   A use or occupancy shall be deemed to be changed when changed from a class of subclass to another class or subclass as classified, according to use or occupancy, in this Building and Housing Code and/or the Ohio Building Code.
   (c)   Nothing in this Building and Housing Code shall require the removal, alteration or abandonment of, nor prevent the continuance of the use and occupancy of, a lawfully existing building or structure, except as may be necessary for the safety of life or property, when it is lawfully occupied or used.
(Ord. 42-1981. Passed 2-23-81.)
1420.06 WORKMANSHIP.
   Workmanship in the fabrication, preparation and installation of materials shall conform to generally accepted good practice. Specific provisions of this Building and Housing Code shall not be deemed to suspend any requirements of good practice, but shall be regarded as supplementing or emphasizing them and shall be controlling. The Superintendent of Building and Zoning Inspection shall, as may be necessary, promulgate rules consistent with the provisions of this Building and Housing Code embodying the requirements of such generally accepted good practice.
(Ord. 42-1981. Passed 2-23-81.)
1420.07 MISREPRESENTATION OF FIRE RESISTANCE IN TYPE OF CONSTRUCTION.
   No person shall advertise or otherwise represent to the public that the type of construction existing in a building, according to its fire resistance as determined under the provisions of this Building and Housing Code, is a higher type than the construction actually existing in such building.
(Ord. 42-1981. Passed 2-23-81.)
1420.08 MATERIALS OF DOUBTFUL QUALITY.
   In case there is reason to doubt the quality of a material to be used in a building or structure, the Superintendent of Building and Zoning Inspection may require tests to be made to establish its suitability or to determine whether it conforms to the intent and purpose of this Building and Housing Code.
(Ord. 42-1981. Passed 2-23-81.)
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