1301.03   AMENDMENTS AND ADDITIONS.
   The Residential Code of Ohio adopted in Section 1301.01 is hereby amended as follows:
   a)   Section 107.5.3 POSTING BUILDING SITE. (Added)
   Post permit (given by the Building Department) immediately.
   Application
   1.   Fill out permit application completely.
   2.   Three (3) complete sets of building plans.
   3.   Three (3) sets of plot plans.
   Section 109.3 PROSECUTION AND PENAL TIES. (Amended)
   When an owner fails to comply with Section 109.2, criminal penalties shall be imposed pursuant to Section 1301.99 herein.
   Section 110.1 HEARING AND RIGHT OF APPEAL, PARMA HEIGHTS LOCAL BOARD OF ZONING APPEALS. (Amended)
   In order to hear and decide appeals of orders, decisions, or determinations made by the residential building official relative to the application of this code, there shall be a local appeals process established within the certified jurisdiction. Adjudication hearings shall be in accordance with sections 119.09 to 119.13 of the Revised Code, as required by section 3781.031 of the Revised Code.
   b)   Section 304.4 MINIMUM ROOM AREAS. (Added)
   Minimum area requirements. In addition to the minimum room area standards
imposed by Section 304 of the Residential Code of Ohio. as incorporated herein, each dwelling unit shall contain a bathroom and an area for each of the following uses: living, cooking, dining and sleeping and, in addition, a cellar, a basement or a utility room. The utility room shall have a minimum floor area of ninety square feet. Each basementless dwelling shall have, in addition to the utility room and minimum required garage area, a storage space of not less than 320 cubic feet with a minimum ceiling height to eight feet.
   Minimum Areas or Dimensions
   Space use               Area            Minimum Dimension
   Living                  240 sq. ft.         12 feet, 8 inches
   Dining                  120 sq. ft.         10 feet
   1st sleeping area            160 sq. ft.         12 feet, 4 inches
   2nd sleeping area            120 sq. ft.         11 feet, 4 inches
   3rd sleeping area            100 sq. ft.         9 feet, 4 inches
   4th or more additional            
    sleeping areas            90 sq. ft.            9 feet
   Cooking (kitchen)            130 sq. ft.         9 feet
   Living-dining combination      360 sq. ft.
   Dining-cooking combination   170 sq. ft.         11 feet, 4 inches
   **Additional areas shall be provided for the necessary hallways or other interconnecting spaces, closets and that area occupied by partitions. Two adjoining areas shall be considered a combination space use if the area of the wall between the two areas is less than twenty-five percent of the open space between such areas.
   c)   Section 309.6 GARAGES. (Added)
   Garages attached and detached
      A private garage is a building or space used as an accessory to a main building permitted in a residence district and providing for the storage of motor vehicles and in which no occupation, business or services for profit connected in any way with motor vehicles is carried on. Floor Area - The floor area of private garages required for each one and two-family and townhouse dwelling unit shall be in accordance with the following schedule:
      Dwelling Types                         Maximum
      One-family dwelling                     750 sq. ft.
      Two-family dwelling                     750 sq. ft.
      Three-family dwelling                     750 sq. ft.
      The area for garages shall be measured from the exterior face of the enclosing walls at ground floor level.
   Detached garages - wood frame construction
      1.   For garages larger than 600 square feet, the bottom of footings of frame garages shall be not less than 42 inches below finished grade, unless supported on a reinforced concrete slab as provided in the following paragraph.
      2.   For garages smaller than 600 square feet, the frame garages may be built on a concrete slab, not less than 4 inches thick, reinforced with steel mesh weighing not less than 40 pounds per 100 sq. feet or equivalent reinforcement turned up into a 6 inch width curb, 8 inches high above finished grade to form a wall foundation, with concrete footer below grade of at least 12 inches (known as a thickened haunch). Anchor bolts at all corners with maximum spacing 4 ft. o.c.
      3.   Studs and rafters shall have a spacing of not more than 16 inches o.c.
      4.   Rafter ties at eaves may be 2 x 6's with a maximum spacing 4 ft. o.c.
      5.   Corner bracing must be applied on the outside surface of studs.
      6.   All garages are to be gable or hip type roofs (no shed type).
      7.   Garage door header has to be 3-2 x 12 or 2-2 x 12's with a steel flitch plate.
      8.   Garage downspouts and gutters.
         All accessory buildings, including garages, must be provided with proper downspouts and gutters for conducting the water from the roof of such building to a public storm sewer or unobstructed watercourse. Provisions for so conducting storm and rain waters shall be shown on the plans and specifications as submitted in the request for a building permit. In no case shall a downspout or gutter be constructed or maintained in such condition as to discharge water onto the property of another or onto public sidewalks or public streets, or be so constructed or maintained as to cause rain or storm water to flow over the property of another or over sidewalks or streets, whether public or private. Notwithstanding the foregoing, storm water may be discharged over land in accordance with a plan of discharge, approved by the Building Inspector.
      9.   Doors. Every detached garage of either masonry or wood frame construction shall be provided with an egress door. The minimum size shall be two feet, six inches wide, six feet, eight inches high and one and three-eighths inches thick at the stiles. The door shall swing out of the detached garage and shall be provided with a lock which is always openable form the inside, without the use of a key. All hardware shall be of noncorrosive metal.
      10.   Attached garages shall be ventilated by a mechanical ventilating system. Minimum 190 CFM.
   d)   Section 401.3.1 DRAINAGE DURING CONSTRUCTION. (Added)
   The flow or disposal of storm water into a sanitary sewer shall not be permitted at any time, including, without limitation, during any phase of construction operations.
   e)   Section 401.3.2 STORM DRAINAGE. (Added)
   (1)   Collected and drained to storm sewer. Roofs and paved areas, yards, courts and open shafts, and every open excavation or part of a lot or premises where water accumulates, shall be drained into a storm sewer, except as otherwise provided in this section. The provisions of this section shall not be interpreted to prohibit the construction or maintenance of a pool or fountain which is provided with drainage approved by the Director of Public Service, and in which the water is not permitted to become stagnant, contaminated or polluted.
   (2)   Drained to other than storm sewer. Where, in the opinion of the Director of Public Service, no sewer is available, or to mitigate the introduction of substantial amounts of storm water into the city storm sewer system, the storm drainage, from sources described in subsection (1) hereof shall be piped to discharge into the street gutter, splash block or into a receptacle or conducted to another point of disposal, as approved by the Director of Public Service. As an alternative, one or more downspouts may be connected to an approved rain barrel or rain garden as follows:
   (2.1)   Drained to a rain barrel. Notwithstanding any other provision of this chapter or these Codified Ordinances, one or more downspouts may be diverted into an approved rain barrel or other structural storage container, provided that the overflow from such appurtenances is directed into the public storm sewer system. Rain barrels or other structural system storage containers shall be covered at all times and incorporate a drainage that directs any overflow away from the building foundation and into the public storm sewer system. The installation of rain barrels or other structural storage containers shall be subject to review and approval of the Director of Public Service or City Engineer or their duly authorized representative, and shall conform to the standards published by the Cuyahoga Soil and Water Conservation District, and as amended.
   (2.2)   No rain barrel(s) shall be installed until a permit has been obtained.
   (2.3)   Rain barrels must be free of any chemicals from prior use. Fifty-five gallon drum industrial containers are prohibited.
   (2.4)   Rain barrels shall be located behind the front setback of a structure. Visual screening of rain barrels or other structural storage containers may be required, on a case-by-case basis, so as to prevent unsightly visual impacts to the surrounding area.
   (2.5)   Rain Garden. One or more downspouts may be directed into an approved rain garden. Such rain garden shall be subject to the review and approval of the City Engineer, or his/her duly authorized representative, and shall be constructed in accordance with the latest edition of the Rain Garden Manual for Homeowners. No rain garden shall be constructed or installed until a permit has been obtained.
   (2.6)   Subject to the review and approval of the Director of Public Service residential structure gutters and downspouts may be disconnected from the city storm sewer system which shall be directed away from the resident's foundation and their neighbor's foundation and property as set forth in Section 401.3(e)(1).
   (2.7)   As a precondition to allowing the use of a splash block the land owner shall agree in writing, to indemnify, defend and hold harmless the City, its officers and employees from any claim, injury, loss or damage to the land owner, his or her property or the person or property of any other individual that may directly or indirectly, result from the discharge of storm water over land.
   (2.8)   Fees. The fee for a permit to connect downspouts to an approved rain barrel or rain garden shall be in accordance with the then existing schedule of fees contained in Chapter 1321 .
   (3)   Discharge to sanitary sewer. Notwithstanding any other provision of this chapter or these Codified Ordinances, if it is determined that one or more installed conductors, roof leaders or surface or ground water drains discharge or infiltrate into a sanitary sewer, the Director of Public Service may grant a special permit allowing the land owner to disconnect the offending private storm sewer facilities form the public sewerage system, but only pursuant to the terms and conditions in this section.
   (4)   Review by Municipal Engineer. Upon discovery of a situation described in subsection (c) hereof, the Director of Public Service shall refer the matter to the Municipal Engineer for his or her review and recommendation.
   (5)   Granting of permit. The Director of Public Service shall grant the special permit described in subsection (c) hereof if he or she finds the following conditions to be satisfied:
   (5.1)   With respect to roof and yard drainage, downspouts may be allowed to discharge into splash pads or into other suitable devices, but only if the Director of Public Service determines that the flow is not reasonably expected to create a nuisance to neighboring property or the general public. Connections of any pipe carrying roof water or yard drainage to a sanitary sewer shall not be acceptable.
   (5.2)   With respect to surface drainage, positive drainage shall be provided so that a nuisance will not be created. Catch basins or properly connected underdrains shall be installed, or other suitable alternatives shall be installed where water may pocket, to preclude the accumulation of surface water. Regrading shall be done so that existing natural ground drainage of the surrounding area shall not be impeded.
   (5.3)   As a precondition to issuance of any special permit pursuant to this section, the land owner may agree, in writing, to indemnify, defend and hold harmless the City, its officers and employees from any claim, injury, loss or damage to the land owner, his or her property or the person or property of any other individual that may directly or indirectly, result from the discharge of storm water over land.
   (6)   Improper discharge. In the absence of a special permit granted pursuant to this section, the Director of Public Service shall, upon discovery that one or more discharging or infiltrating into a sanitary sewer, compel the land owner to reconnect the offending facilities to the public storm sewerage system.
(Ord. 2002-37. Passed 10-15-02; Ord. 2003-9. Passed 4-14-03; Ord. 2003-28. Passed 9-8-03. Ord. 2012-23. Passed 6-11-12; Ord. 2015-40. Passed 11-16-15; Ord. 2017-15. Passed 8-7-17; Ord. 2023-4. Passed 2-13-23; Ord. 2023-32. Passed 6-26-23.)