The Residential Code of Ohio for One, Two and Three Family Dwellings adopted herein is modified by the amendment, enactment or deletion of the following sections as respectively indicated, which modifications are hereby adopted as set forth herein:
Sec. R101.2 - Scope (Amended)
The provisions of this code apply to the construction, alteration, repair, use, occupancy and maintenance of detached one, two and three-family dwellings and their accessory structures.
Sec. R104.6 - Entry (Amended)
The Building Inspector or any of his designated agents may at any reasonable hour, enter any dwelling, structure or premises within the Municipality to perform any duty imposed on him by this building code, provided that permission to enter is obtained from the occupant or, in the case of unoccupied property, from the owner or his agent. If such permission is refused or is otherwise unobtainable, a search warrant must be obtained before such entry or inspection is made, except in the case of an existing emergency in which case entry may be made at any time and no search warrant is necessary. No person shall refuse to permit such emergency entry or inspection, nor shall any person hinder, obstruct, resist or abuse any person making or attempting to make such entry or inspection.
Section R105.1 - Permit Required (Amended)
A permit shall be obtained before beginning construction, alteration or repairs other than minor repairs, as listed herein, using application forms furnished by the Village of Whitehouse.
MINOR REPAIRS:
The following items shall be considered minor repairs for which a permit is not required:
A. Window and door replacement as long as there is not change in opening location or size.
B. Interior remodeling with no change in structural members or interior floor plan.
C. Changing of light fixtures, receptacles, switches, heating registers, faucets, traps and kitchen and bathroom fixtures but not the addition of electric circuits, panels, heating ducts, water and sewer lines.
D. Replacement of drywall, plaster, moldings and any other nonstructural members.
E. Painting of walls, moldings, trims, stair rails, floors, ceilings and doors.
F. Wall papering and paneling.
G. Replacement or repair of exterior trim, moldings, sofffits, sills, fascia or other nonstructural members.
H. Concrete patios with no roof or walls.
Section R105.5 - (Amended)
Any permit shall become invalid if the work authorized by it is suspended or abandoned, without substantial progress, for a period of one year after the time the work is commenced. If, at the end of the one year period, work has not resumed, a new permit shall be first obtained and the fee therefor shall be the same as required for a new permit.
Section R106.3.1 - Plans on Job Required (Amended)
Copy of approved plans shall be kept on the job site of the building or work during the construction period.
Section R109.1.6 - Final Inspection (Amended)
Required to be made after the building is completed and before anyone occupies so that verification can be affirmed that the building is ready for occupancy and occupancy certificate can be issued.
Section R109.3 - Inspection (Amended)
NOTICE OF INSPECTION:
A. It shall be the responsibility of the holder of a permit to notify the Village of Whitehouse Building Department when work is ready for various inspections required by the terms of the permit and this Code.
B. Persons requesting inspections shall call the Village of Whitehouse Building Department 24 hours in advance of the time the inspection is needed.
Section R109.5 - Final Inspection of Replacement Equipment (Added)
Permits issued for replacement of existing equipment shall require the permit holder to request final inspection prior to leaving the job and be on the site when the inspection is made. Permit holders shall operate all equipment for the inspector when the inspection is made.
Section R112.0 - Right of Appeal (Amended)
Any person adversely affected by any order of the Building Official, or that said regulation as adopted is unreasonable or unlawful may appeal to the Court of Common Pleas as provided for in Chapter 2506 of the Ohio Revised Code.
Sec. R113.1 - Violations and Penalties (Amended)
No person, firm or corporation, whether as owner, lessee, sub-lessee, or occupant shall erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any one, two or three-family dwelling in the Municipality or cause or permit the same to be done, contrary to or in violation of any provision of this code.
Section R113.4 - Penalties (Amended)
Whoever violates any provision of this chapter or any code adopted herein or fails to comply with any lawful order issued pursuant thereto is guilty of a misdemeanor of the third degree. Each day during which noncompliance or a violation continues shall constitute a separate offense. The Municipality may institute injunction proceedings in Common Pleas Court to abate the nuisance of any violation or failure to cease work after receipt of a stop work order.
Section R115.1 - General Prefabricated Construction:
A certificate of approval by an approved agency shall be furnished with every prefabricated assembly, except where all elements of the assembly are readily accessible to inspection at the site. Placement of prefabricated assemblies at the building site shall be inspected by the building official to determine compliance with this code, and a final inspection shall be provided in according with Section R109.1.6.
NOTE: Provisions for foundation systems and building service equipment connections necessary to provide for the installation of new manufactured homes on privately owned (nonrental) lots and existing manufactured homes to which additions, alterations or repairs are made are contained in Appendix A and shall be enforced only when specifically adopted by the jurisdiction.
Section R115.1 - Right of Condemnation (Added)
A. All buildings or structures that are or hereafter shall become unsafe, unsanitary or deficient in adequate exit facilities, or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare, or which, by reason of illegal or improper use, occupancy or maintenance shall be deemed unsafe buildings or structures, and are hereby declared to be public nuisances.
B. All unsafe buildings shall be taken down and removed or made safe and secured, as the chief Building Official may deem necessary.
C. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this Code.
Section R115.2 - Restoration of Unsafe Building (Added)
A building or structure deemed unsafe by the Building Offficial and Fire Marshal may be restored to a safe condition provided no change of use or occupancy is contemplated or compelled by reason of such reconstruction or restoration, except that if the damage or cost of reconstruction or restoration is in excess of fifty (50) percent of its total replacement cost, such building shall be made to comply in all respects with the requirements for materials and methods of construction of buildings hereafter erected.
A. Vacating Buildings. When in the opinion of the Chief Building Official and Fire Marshal, there is actual and immediate danger of failure or collapse of a building or structure of any part thereof which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building, the Building Offcial or Fire Marshal are hereby authorized and empowered to order and require the inmate and occupants to vacate the same forthwith.
B. No person shall enter such building or structure except for the purpose of making a required repair or of demolishing the same.
Section R115.3 - Temporary Safeguards (Added)
A. When, in the opinion of the Chief Building Official or Fire Marshal there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, he shall order the vacation of the premises in unsafe condition as well as adjacent premises.
B. When necessary for the public safety, the Building Official or Fire Marshal may temporarily close sidewalks, streets, building and structures and places adjacent to same, and prohibit same from being used.
Section R116.1 - Amendments (Added)
Nothing in this Code shall prohibit the filing of amendments to any application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.
Section R116.2 Completion of Existing Buildings (Added)
Nothing in this Code shall require changes in the plans, construction or designated use of a building for which a lawful permit has been heretofore issued or which has been otherwise lawfully authorized, and the construction of which shall have been actually begun within 90 days after this Code becomes effective and which entire building shall become completed, as authorized, within two years thereafter.
Section R117.1 - Safety Standards (Added)
The provisions of the Ohio Building Code, Chapter 33 Safeguards During Construction shall be construed as a part of this Code except as otherwise is applicable.
Section R118.1 - Basement Occupancy (Added)
The average finished grade elevation at exterior walls shall not be more than 4'0" above the finished floor of a habitable room. This does not apply to basement recreation rooms, bathrooms, storage or utility rooms but does specifically apply to any kitchens, living rooms, bedrooms and dining rooms located within a basement.
Section R119.1 - Detached Accessory Buildings and Garages.
A. Detached frame garages, utility sheds and pole barns which are up to 550 square feet shall meet the following requirements:
1. Such buildings shall be built upon a concrete slab containing acceptable wire mesh and shall be provided with a foundation extending at least twelve inches below grade (ratwall) around the entire perimeter of the slab. If wire mesh is not used, the minimum footer depths shall be eighteen inches below finished grade.
2. One half inch anchor bolts shall be provided, spaced not to exceed six feet and embedded in the concrete not less than seven inches. In the case of a masonry wall, the bolts shall extend at least seven inches into the course of block. Concrete nails are not acceptable.
3. In garages built upon a concrete slab as provided in subsection (A)(1) hereof, the sill plates shall be protected from dampness.
4. In garages of frame construction, each wall shall be braced equivalent to at least one piece of one by four continuous diagonal brace, let into the studs.
5. For a doorway in a gable end, the header for spans in up to ten feet shall be equivalent in strength to two, two by sixes on edge. Where the doorway is in a bearing walls, headers equivalent to doubled two by twelve shall be used for a span up to twelve feet. Openings greater than twelve feet in a bearing wall shall require an engineered, designed header.
6. All rafters, collar ties, ridge boards, etc., shall be designed in accordance with the design tables and criteria as outlined in the Ohio Residential Code (ORC).
7. All rafters, collar ties, ridge boards, etc., shall be designed in accordance with the design tables and criteria as outlined in the Ohio Residential Code (ORC).
(All other accessory buildings and garages over 550 square feet shall have footers below the frost line.)
Section R120.0 (Existing Section #212)
R120.1. GENERAL
All buildings and their premises shall be kept in good general repair, so that all of the various parts of the same shall function properly and maintain the conditions of safety and habitability prescribed by this Code.
R120.2. SAFETY
A. Whenever in the opinion of the Chief Building Official any building is being constructed, altered, repaired or demolished in a careless or unworkmanlike manner so as to endanger life or property, or so as to violate any provision of this Code, or where at any time adequate safeguards are not provided in or about any premises, to protect life and property, the Building Official may order such operations discontinued until he is satisfied that adequate measures will be taken to comply with the provisions of this Code, and that the work will proceed in a manner which will not endanger life or property, or he may order such changes and safety measures to be taken as he may deem to protect life and property.
B. Safeguards during construction shall be in accordance with the Code of Specific Safety Requirements titled and known as "Specific Safety Requirements Relating to Building and Construction Work" (Bulletin No. 202), adopted and promulgated by the Industrial Commission of Ohio, as the same may be modified or amended.
R120.3. FIRE PREVENTION.
The Chief Building Official is hereby empowered and authorized to inspect any building for the purpose of ascertaining the condition thereof with regard to the presence, arrangement or deposit of any substance or device which may be a fire hazard or which may create danger in case of fire or personal injury or loss of life to any person on or in said building also with regard to the condition, size, number, arrangement and effficiency of appliances for protection against fire on or in such building. If he shall find upon inspection of such building, any substance or device that is not so arranged or disposed as to afford reasonable safeguard against the dangers of fire, or if he shall find that the occupants thereof would not, because of such arrangement and disposition, be afforded reasonable access to exits in case of fire, or if he shall find that by reason of such arrangement or disposition the fire force would unnecessarily or unreasonable be interfered with in the exercise of its duties in and about such building in case of fire, or if he shall find that the appliances are not in proper condition or of insufficient size and number or are otherwise insufficient for the purpose for which they were intended, he may order in writing the removal, re-arrangement or redistribution of such substances and devices as will remove the danger, afford reasonable access to the exits and provide reasonable facilities for the fire force in the discharge of its duties in and about said building, or he may place such orders for the correction of the appliances as will afford reasonable protection against fire.
Section R121.1 - Revocation (Added)
The Chief Building Official may revoke a permit or approval issued under the provisions of this Code in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
Section R122.1 - Footing Drains (Added)
Foundation of footing drains connected to a positive outfall shall be provided around foundations enclosing basements or habitable spaces below grade and crawl spaces. Install at or below area to be protected.
Section R123.1 - Back Water Check Valves (Added)
There shall be a fixture known as a "back water check valve" installed on and to become a part of a sewage disposal system provided the building being served is constructed on a basement and is connected to the Village sewerage system.
Section R202 - Definitions (Amended)
BUILDING (Amended) Building shall mean any one, two or three family dwelling or portion thereof where all means of egress are independent, serving only that dwelling unit and which is used or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes or any combination thereof, and shall include structures accessory thereto.
Section R309.3 - Floor Surfaces (Amended)
Garage floor surfaces shall be of approved noncombustible material. That area of floor used for parking automobiles or other vehicles shall be sloped to facilitate the movement of liquids toward the main vehicle entry doorway. Where approved by the Chief Building Official, other means of dispersing spilled liquids from the area may be used to prevent the flow of liquids through doorways into adjoining enclosed areas of the dwelling.
(Ord. 17-2000. Passed 11-7-00.)