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CERTIFICATION
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CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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1301.08. Definitions.
   See Residential Code of Ohio for One, Two and Three Family Dwelling Code and the Ohio Building Code for additional information.
   (a)   "Structure" means a combination of materials to form a construction that is safe and stable, including among others, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks and towers, trestles, piers, wharves, sheds, coal bins, garage slabs, swimming pools, fences and display signs; the term "structure" shall be construed as if followed by the words "or part thereof."
(Ord. 120-15. Passed 3-31-15.)
1301.09. General.
   The restrictions of the Zoning Ordinance shall not be deemed to be modified by any provisions of this Part Thirteen-Building Code; and such restrictions shall be controlling except insofar as this Part Thirteen imposes greater restrictions by reason of the type of construction used, in which case the provisions of this Part Thirteen shall control.
(1952 Code § 10-2-1.100; Ord. 120-15. Passed 3-31-15.)
1301.10. Construction, demolition and moving buildings.
   (a)   Scope.
      (1)   All work of demolition or moving or removing of buildings or parts thereof, and all precautions during erection, alteration or repair of buildings shall be in conformity with the provisions of this chapter and in conformity with accepted safe and sanitary practice.
      (2)   No person shall demolish or remove a building or other structure, or any part thereof, without securing a permit therefor from the Division of Building Inspection. No permit shall be required for the demolition of a free-standing structure or a structure attached to an existing structure when the structure to be demolished is no more than 6,000 cubic feet in size, and for which no water or sewer termination services are necessary and the structure is not located within an Historic or Overlay District as defined in Chapter 1103 of this Municipal Code.
   (b)   The provisions of this chapter are supplementary to and in addition to the applicable provisions of federal and state law, except in cases where federal and state law pre-empt this chapter. In cases of conflict, the more restrictive provisions shall govern.
   (c)   Limitations and Restrictions. The use of public property for storage of material or for other uses incidental to demolition, house moving, alterations or building operations shall conform to the limitations and restrictions imposed by ordinance, or, in absence of any such ordinance, then in accordance with such rules and regulations that may be imposed by the Division of Building Inspection for the safety to life and property and the maintenance of traffic on sidewalks and roadways.
   (d)   Housekeeping. Any person holding a permit for construction, demolition, removal, electrical, plumbing, heating or other work contemplated by this Code shall confine all work and storage of materials upon the land upon which the work is proceeding and shall keep all neighboring and adjacent land free from debris and waste material originating from or arising out of the work for which the permit was issued.
   (e) Final clean-up. After a building has been removed or demolished, the following conditions shall be established:
      (1)   Concrete or masonry floors located below the existing grade shall be broken up sufficiently to allow drainage of ground water.
      (2)   All walks, drives, slabs, fences and terraces not within the public right-of-way shall be entirely removed at the demolition site unless non-removal does not create a public nuisance as determined by the Commissioner of Building Inspection.
      (3)   All entrance steps and outside stairways shall be removed.
      (4)   Walls or footers shall be removed to a depth of 18" below existing grade. Walls below grade, composed of organic material, shall be completely removed.
      (5)   When demolition operations generate dust or other air-borne material, water shall be used to minimize these conditions. The City of Toledo Division of Water shall be contacted to make the necessary arrangements if fire hydrants are to be used for this purpose.
      (6)   Every demolition site shall be left in a clean, graded condition. The grade shall be consistent with the grade that was present prior to the demolition so that the surface drainage from abutting property is not adversely affected. If there is to be a grade change at the demolition site as a result of demolition operations, the Division of Building Inspection must be notified and approval must be granted prior to the grade change. The demolition site shall be seeded and sufficient grass seen to ensure that a stand of grass will grow.
      (7)   All sidewalks and curbs in the public right-of-way shall be maintained consistent with the conditions existing prior to demolition operations.
      (8)   Any cavity caused by or resulting from demolition shall be filled with clean sand or dirt fill to a depth of 18" below finished grade. The cavity shall be secured to prevent public access. On-site, inorganic fill may be used below 18".
      (9)   All demolition material shall be disposed of in a licensed landfill.
      (10)   The demolition site shall be secured to prevent unauthorized access to the site and to warn the public of the dangerous condition. All debris and demolition activity shall be kept in the secured area.
      (11)   On-site salvage material must be stored in a manner so as not to create a public nuisance and for a period not to exceed the life of the demolition permit.
      (12)   Any underground storage tanks must be completely removed under separate permit and in compliance with federal, state, and local regulations.
   (f)   No permit for demolition affecting any residential structure with more than 3 dwelling units or any non-residential building shall be approved until written notification is received by the Division of Building Inspection from the Department of Environmental Services stating that the structure involved has been inspected for asbestos and that none was found or if found, has been removed in accordance with existing laws and regulations.
   (g)   When construction is abandoned for any cause, all foundations, unfinished structures or stored materials shall be left in a neat workmanlike condition and shall be barricaded and protected so as not to create a hazard to life or limb and all excavations shall be refilled to a smooth grade.
(Ord. 120-15. Passed 3-31-15.)
1301.11. Smoke detector requirements for dwelling units.
   (a)   After the effective date of this section, It shall be the responsibility of the owner of each existing structure which contains a residential dwelling to install smoke detectors as hereinafter provided. At least one smoke detector shall be installed to protect each sleeping area, and there shall be at least one smoke detector installed on each level of the dwelling (that is, cellar, basement, first floor, second floor).
   (b)   Such smoke detectors shall be capable of sensing visible or invisible particles of combustion and provide a suitable audible alarm thereof, and shall be certified as to having met Underwriters' Laboratories Standards No. 217 for single and multiple stations smoke detectors. All smoke detectors shall be installed in accordance with the manufacturer's directions as to location and installation where they do not conflict with the provisions of this section. A sleeping area is defined as the area or areas of the family unit in which the bedrooms or sleeping rooms are located. Where bedrooms or rooms ordinarily used for sleeping are separated by other use areas, such as kitchens or living rooms, but not bathrooms or closets, they shall be considered as separate sleeping areas for the purpose of this section and shall require protection. When actuated, the smoke detector shall provide a suitable alarm audible within the individual sleeping rooms or areas.
   (c)   After the effective date of this section, at every change of dwelling occupants of every dwelling unit occasioned by or incidental to a sale, rental, lease or sublease of such unit, it shall be the duty of the grantor thereof (that is, the seller, landlord, lessor or sublessor, as the case may be) to certify, before continued occupancy, to the grantee (new occupant) that all smoke detectors as required by this section, or other applicable laws, are installed and in proper working condition. Failure to comply with this subsection shall be punishable as set forth herein, provided however, that this subsection shall not be construed to vitiate or render void any contract, lease or sublease subject thereto.
   (d)   In all dwelling units the occupant shall be responsible for replacing the battery in battery-operated smoke detector units. In multi-family dwelling units, the property owners shall be responsible for all maintenance other than battery replacement.
   (e)   A tenant may not remove or render a smoke detector inoperative.
   (f)   As an alternative to self-contained smoke detectors, an approved fire detection system may be installed. Each fire detection system must be individually approved and a permit issued therefor by the Department of Fire and Rescue Operations.
   (g)   No smoke detector or alternative system shall be directly connected (permanently wired) to the electrical system of the structure unless an electrical permit has first been obtained from the Division of Building Inspection.
   (h)   Prohibitions. Whoever violates any of the provisions of Section 1301.11 shall be penalized as follows:
      (1)   A minor misdemeanor for the first offense.
      (2)   A misdemeanor of the third degree for a subsequent offense within four years.
      (3)   A misdemeanor of the first degree if the court finds that serious physical harm (as defined in Section 501.01(e) of the Toledo Municipal Code) or loss of life occurred during the course of a fire in a dwelling unit which failed to meet the requirements of this section.
   (i)   This section is intended to be used with and supplemented by the applicable provisions of the National Fire Protection Association Standard 74, current edition, which are hereby incorporated herein; however, if there is any conflict between the statute and the supplemental standard, this statute and any rules and regulations adopted pursuant thereto shall prevail.
(Ord. 120-15. Passed 3-31-15.)
1301.12. Service connection; inspection tag.
   No corporation, co-partnership, association or individual, or any agent thereof shall make service connection to any wiring or appliance in any building until the inspection tag of the Division of Building Inspection is attached thereto, and such inspection tag shall not be removed by anyone other than the Chief Building Official or his or her duly authorized designee.
(Ord. 120-15. Passed 3-31-15.)
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