(a) General. The residential building official in a municipality, township, or county, whose residential building department has been certified by the board of building standards, shall enforce provisions of the rules of the board and of Chapters 3781 and 3791 of the Revised Code, relating to construction of residential buildings or parts thereof as defined in the rules of the board in accordance with the certification. The building official shall exercise exclusive responsibility for the enforcement of all design and construction requirements found in this code and in other codes and standards referenced in this code to the extent that this code refers to those documents for design data, facts, figures, requirements, criteria, conditions, measures, and information except as follows:
(1) Fire. The fire marshal or fire chief of municipal corporations or townships, having fire departments, shall enforce all provisions of the rules of the board relating to fire prevention. For those design and construction requirements and other requirements found in the fire prevention code to which the residential code refers, to the extent of the reference, they shall be enforced by the building official.
(2) Health. The boards of health of a city or general health district, or the residential building departments of municipal corporations 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. Said departments 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 approvals 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) Enforcement. This section does not exempt any officer or department from the obligation of enforcing any provision of the rules of the board.
(b) Applications and Approvals. The residential 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 residential 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 residential building official shall issue all necessary notices or orders to ensure compliance with this code. When the residential building official finds that work or equipment is contrary to approved residential plans and the Rules of the board, the residential 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 residential building are subject to inspection by the residential building official, under section 109, the residential 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.
(e) Identification. The residential 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 residential building official, or designee, is authorized to enter the residential 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 residential building official has probable cause to believe that there exists in a residential structure or upon a premises a condition which is a serious hazard the residential building official shall have recourse to the remedies provided by law to secure entry.
(g) Department Records. The residential building official shall keep official records of applications received, certificate of residential 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 residential construction documents shall be retained by the residential building official for a period of not less than as required by document retention schedule established in accordance with sections 149.38 or 149.39 of the Revised Code.
(h) Liability. Liability of certified residential building department personnel for any tortious act will be determined by Ohio courts to the applicable provisions of Chapter 2744. of the Revised Code.
(i) Alternative Materials, Design and Methods of Construction and Equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved in accordance with section 116. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of section 116.
(1) Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.
(Ord. 30-10. Passed 6-22-10.)