The following sections of the International Properly Maintenance Code 2021 edition, adopted in Section 1327.01 of the Westerville Codified Ordinances, are hereby amended or deleted in their entirety to read as follows:
101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Westerville, hereinafter referred to as "this code" or "the code."
102.3 Application of other codes. Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Codified Ordinances of the City of Westerville.
103.1 Agency. The Planning and Development Department, Code Enforcement Division, shall be the agency charged with implementation, administration and enforcement of the provisions of this code.
103.2 Appointment. The City Manager or designee shall be known as the Code Official.
104.1 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as established by the fee schedule promulgated by the City Manager, copies of which are available from the Clerk of Council.
107.1 Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Westerville Board of Zoning Appeals in accordance with 1107.02(e), provided that a written request for appeal is filed with the Code Official within 15 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The board shall not have authority to waive requirements of this code or interpret the administration of this code. The code official shall take immediate action in accordance with the decision of the board.
Sections 107.2, 107.3, 107.4, 108 and 108.1 and their subsections are deleted.
109.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. For a first offense, any person who shall violate any provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor of the fourth degree. For a subsequent second or third offense in a five (5) year period, any person who shall violate any provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor of the third degree. For a subsequent fourth or greater offense in a five (5) year period, any person who shall violate any provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor of the first degree. Violation penalties shall be as provided in Section 501.99 of the Codified Ordinances of the City of Westerville.
111.9 Restoration or abatement. The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, owner's authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations, or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of the Codified Ordinances of the City of Westerville.
201.3 Terms defined in other codes. Where terms are not defined in this code, such terms shall have the meanings ascribed to them as in the Codified Ordinances of the City of Westerville.
302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces, parking lots, drive aisles, circulation drives, vehicular maneuvering areas, private drives, loading docks, curb cuts, and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
Section 302.4 is deleted.
302.8 Motor vehicles. Except as provided for in other regulations, inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes provided such use is performed in accordance with the procedures and provisions of the Codified Ordinances of the City of Westerville.
303.2 Enclosures. Every swimming pool, hot tub or spa, capable of containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier compliant with the Codified Ordinances of the City of Westerville.
304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the Codified Ordinances of the City of Westerville:
304.14 Insect screens. During the period from April 1 to October 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans are employed.
304.19 Gates. - All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. All gates in a swimming pool fence shall comply with the Codified Ordinances of the City of Westerville.
305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the Codified Ordinances of the City of Westerville:
306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the Codified Ordinances of the City of Westerville:
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Codified Ordinances of the City of Westerville shall be permitted.
502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the Codified Ordinances of the City of Westerville. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.
505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Codified Ordinances of the City of Westerville.
505.5.1 Abandonment of systems. Where a nonpotable water reuse system or a rainwater collection and distribution system is not maintained or the owner ceases use of the system, the system shall be abandoned in accordance with the Codified Ordinances of the City of Westerville.
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in the Codified Ordinances of the City of Westerville. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.
Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from November 1 to March 31 to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in the Codified Ordinances of the City of Westerville.
2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from November 1 to March 31 to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaries, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the Codified Ordinances of the City of Westerville.
604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the Codified Ordinances of the City of Westerville.
702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Codified Ordinances of the City of Westerville.
702.2 Aisles. The required width of aisles in accordance with the Codified Ordinances of the City of Westerville shall be unobstructed.
702.3 Locked doors. Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Codified Ordinances of the City of Westerville.
702.4 Emergency escape and rescue openings. Required emergency escape and rescue openings shall be maintained in accordance with the code in effect at the time of construction, and both of the following:
1. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.
2. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided that the minimum net clear opening size complies with the code that was in effect at the time of construction and the unit is equipped with smoke alarms installed in accordance with Codified Ordinances of the City of Westerville. Such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
703.2 Unsafe conditions. Where any components are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed or altered, such components or portions thereof shall be deemed unsafe conditions in accordance with the Codified Ordinances of the City of Westerville. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed or altered. Where the condition of components is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the fire code official shall act in accordance with the Codified Ordinances of the City of Westerville.
703.7 Vertical shafts. Interior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required by the Codified Ordinances of the City of Westerville. New floor openings in existing buildings shall comply with the Codified Ordinances of the City of Westerville.
704.1 Inspection, testing and maintenance. Fire protection and life safety systems shall be maintained in accordance with the Codified Ordinances of the City of Westerville in an operative condition at all times, and shall be replaced or repaired where defective.
704.1.1 Fire protection and life safety systems. Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with this code and the Codified Ordinances of the City of Westerville.
704.1.2 Required fire protection and life safety systems. Fire protection and life safety systems required by this code and the Codified Ordinances of the City of Westerville shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection and life safety system for which a design option, exception or reduction to the provisions of this code or the Codified Ordinances of the City of Westerville has been granted shall be considered to be a required system.
704.1.3 Fire protection systems. Fire protection systems shall be inspected, maintained and tested in accordance with the Codified Ordinances of the City of Westerville.
704.3 Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with the Codified Ordinances of the City of Westerville to bring the systems back in service.
Exception: Facilities with an approved notification and impairment management program. The notification and impairment program for water-based fire protection systems shall comply with NFPA 25.
704.3.1 Emergency impairments. Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in the Codified Ordinances of the City of Westerville.
704.4.2 Removal of existing occupant-use hose lines. The fire code official is authorized to permit the removal of existing occupant-use hose lines where all of the following apply:
1. The installation is not required by the Codified Ordinances of the City of Westerville.
2. The hose line would not be utilized by trained personnel or the fire department.
3. The remaining outlets are compatible with local fire department fittings.
704.4.3 Termination of monitoring service. For fire alarm systems required to be monitored by the Codified Ordinances of the City of Westerville, notice shall be made to the fire chief or designee whenever alarm monitoring services are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated.
704.5.1 Fire department connection access. Ready access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire chief or designee.
Exception: Fences, where provided with an access gate equipped with a sign complying with the Codified Ordinances of the City of Westerville and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times.
704.6.4 Smoke detection system. Smoke detectors listed in accordance with UL 268 and provided as part of the building's fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following:
1. The fire alarm system shall comply with all applicable requirements of the Codified Ordinances of the City of Westerville.
2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with the Codified Ordinances of the City of Westerville.
3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with the Codified Ordinances of the City of Westerville.
705.1 General. Carbon monoxide alarms shall be installed in dwellings in accordance with the Codified Ordinances of the City of Westerville, except that alarms in dwellings covered by the Residential Code of Ohio shall be installed in accordance with Section 315 of that code.
(Ord. 00-85. Passed 12-19-00; Ord. 2015-20. Passed 6-2-15.)