(A) Adoption, application and purpose.
(1) The Ohio Building Code (OBC), and all subsequently adopted amendments thereto, are hereby adopted by the village to apply to all applicable buildings as specified in the applicable sections of the Ohio Administrative Code.
(2) The Hamilton County, Ohio Building Code adopted by the Hamilton County Commissioners effective May 7, 2007, is hereby adopted by reference by the village to apply to buildings classified as “Class A Construction” as defined by this chapter.
(3) A complete copy of such code is on file with the Clerk of the Legislative Authority for inspection by the public and also on file in the County Law Library, and the Clerk has copies available for distribution to the public at cost.
(R.C. § 731.231)
(`76 Code, § 1301.01)
(B) Purpose and scope. The purpose of this Building Code is to provide basic and uniform regulations and the establishment of reasonable safeguards for safety, health and welfare of the occupants and users of buildings and structures, their service equipment and their accessory structures.
(`76 Code, § 1301.02)
(C) Administration. Article A of the Hamilton County Building Code shall apply to the administration of the Terrace Park Building Code except that:
(1) “Building Official” shall mean the Building Official of the municipality, and the Municipal Engineer at any time in office shall be deemed to have complied with the qualifications necessary for the chief administering officer of the Terrace Park Building Code.
(2) Wherever the village has adopted rules or regulations for the administration of the Building Code or specifications that may conflict with the Hamilton County Building Code, then the administration or specifications so adopted by the village shall prevail.
(`76 Code, § 1301.03)
(D) Variances.
(1) Variances or interpretation of the Hamilton County Building Code, as adopted, may be sought by application to the Board of Zoning Appeals. The Board shall conduct a hearing for any person adversely affected by any order, decision or ruling of the Building Official. The Board shall have the authority to affirm, modify or reverse the order, decision or ruling of the Building Official. The Board shall also have the authority to grant a variance from the terms of this code where the variance would not be contrary to public interest and where a literal enforcement of such code provisions would result in unnecessary hardship.
(2) Any person adversely affected by a decision of the Building Official for refusing to grant a permit or extension of a permit or a certificate of occupancy or to permit the use of a particular material or equipment in a proposed structure may appeal the decision within 30 days of the date of the written decision of the Building Official.
(3) Any person having an interest in the subject real estate may apply for a variance directly to the Board.
(4) The Board shall hear, review and decide appeals from the rulings and actions of the Building Official and administering the code and also shall determine requests for variances from the code. The Board shall consider information and recommendations from the Building Official prior to granting any variance. The Board may either grant the variance, grant the variance with certain modifications or conditions, or deny the variance. All decisions of the Board relating to appeals or variances shall be in writing.
(5) The Board may adopt such rules and regulations as will assist it in obtaining information regarding the appeal or variance.
(6) Decisions of the Board, including all conditions, will be enforced by the Building Official in keeping with the deadlines set by the Board. Decisions by the Board regarding matters in this code are appealable to the Court of Common Pleas of Hamilton County, Ohio. Such appeals must be made within 10 days of the date of the written order of the Board.
(`76 Code, § 1301.04) (Ord. 11-7-1986, passed 1-13-87; Am. Ord. 10-1-1990, passed 12-11-90; Am. Ord. 3-2-2001, passed 3-13-01)