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a. Provide uniform minimum standards and requirements for the erection, construction, repair, alteration and maintenance of buildings, including construction of industrialized units, such standards relating to the conservation of energy, safety and sanitation of buildings for their intended use and occupancy;
b. Formulate such standards and requirements, so far as is practical, in terms of performance objectives, so as to make adequate performance for the use intended the test of acceptability;
c. Permit, to the fullest extent feasible, the use of materials and technical methods, devices and improvements, including the use of industrialized units, which tend to reduce the cost of construction and erection without affecting minimum requirements for the health, safety and security of the occupants or users of buildings or industrialized units and without preferential treatment of types or classes of materials or products or methods of construction; and
d. Encourage, so far as may be practical, the standardization of construction practices, methods, equipment, material and techniques, including methods employed to produce industrialized units.
(OAC 4101:2-1-05)
The Ohio Basic Building Code, as adopted in § 1422.01, applies to all buildings except as follows:
e. Single-family, two-family and three-family dwelling houses which are not constructed of industrialized units, except where the context specifies mandatory applicability;
f. Buildings owned by and used for a function of the United States government;
g. Existing buildings where their location, parts, equipment and other items do not constitute a serious hazard;
h. Buildings constructed in accordance with plans which have been approved prior to the effective date of the Ohio Basic Building Code;
i. Buildings or structures which are incident to the use for agricultural purposes of the land on which such buildings or structures are located, provided such buildings or structures are not used in the business of retail trade (see Ohio R.C. 3781.06 and 3781.061);
j. Agricultural labor camps, as defined in Ohio R.C. 3733.41;
k. Single-family, two-family and three-family detached dwelling houses for which applications have been submitted to the Ohio Director of Human Services pursuant to Ohio R.C. 5104.03 for the purposes of operating type A family day-care homes, as defined in Ohio R.C. 5104.01;
l. Single-family, two-family and three-family detached dwellings existing on or before November 15, 1990, for which applications have been made to the Ohio Director of Health pursuant to Ohio R.C. 3722.041 for the purpose of operating adult group homes as defined in Ohio R.C. 3722.01; and
m. Buildings or structures which are designed, constructed and maintained in accordance with Federal standards and regulations and are used primarily for Federal and State military purposes where the U.S. Secretary of Defense, pursuant to 10 U.S.C. § 2233(A)(1), (5) and (6) and 2237, has:
1. Acquired, by purchase, lease or transfer, and constructs, expands, rehabilitates or corrects and equips such buildings or structures as he or she determines to be necessary to carry out the purposes of Chapter 133 of the U.S.C.;
2. Contributed to the State amounts for the acquisition, construction, expansion, rehabilitation and conversion by the State of such additional buildings or structures as he or she determines to be required because of the failure of existing facilities to meet the purposes of Chapter 133 of the U.S.C.; or
3. Contributed to the State such amounts for the construction, alteration or rehabilitation of arms storage rooms as he or she determines to be required to meet a change in U.S. Department of Defense standards related to the safekeeping of arms.
(OAC 4101:2-1-09)
(a) No owner or any other person shall construct, erect, build or equip any building or structure to which the Ohio Basic Building Code is applicable, or make any addition thereto or alteration thereof, except in the case of repairs or maintenance that does not affect the construction, sanitation, safety or any other vital feature of such building or structure, without complying with this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Basic Building Code, or fail to comply with any lawful order issued pursuant thereto.
(ORC 3791.01, 3791.02)
(b) No architect, builder, engineer, plumber, carpenter, mason, contractor, subcontractor, foreman or employee shall violate or assist in violating any of the provisions of this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Basic Building Code, or fail to comply with any lawful order issued pursuant thereto.
(ORC 3791.01, 3791.03)
(c) No owner or any other person shall proceed with the construction, erection, alteration or equipment of any building or structure to which the Ohio Basic Building Code is applicable without complying with this chapter and the plan and specification submission and processing requirements of the Municipality, and until plans or drawings, specifications and data have been approved or the industrialized unit has been inspected at the point of origin.
(ORC 3791.04)
(a) Change of use. The use of a building shall not be changed, as defined in the Ohio Basic Building Code, unless or until the building and the building service equipment therein conform to the requirements of such Code for buildings of the proposed new use group classification and to Village zoning requirements.
(OAC 4101:2-1-11)
(b) Maintenance. Buildings and building service equipment shall be maintained so as to comply with the Code, except that when a serious hazard does not exist, no change in construction and no additional facilities are required except as may be made necessary by a change of use under division (a) hereof.
(OAC 4101:2-1-13)
(a) When the Village finds that work or equipment is contrary to this chapter, approved plans therefor or the Ohio Basic Building Code, notice in writing shall be sent to the owner of the building involved or his or her agent. The notice shall state where and in what respect the work or equipment does not conform to such lawful requirements and shall specify a reasonable period of time in which to conform.
(OAC 4101:2-1-34)
(b) Prior to enforcement of Ohio R.C. Chapters 3781 and 3791, or any rules adopted pursuant thereto, including the Ohio Basic Building Code, as adopted in § 1422.01, by any remedy, civil or criminal, the Village shall issue an adjudication order within the meaning of Ohio R.C. 119.06 to 119.13 or a stop work order as provided in § 4101:2-1-36 of the Ohio Administrative Code.
(c) Every adjudication order shall cite the law or rules directly involved and shall specify what appliances, site preparations, additions or alterations to structures, plans, materials, assemblages or procedures are necessary for the same to comply with Ohio R.C. Chapters 3781 and 3791 and/or any rules adopted pursuant thereto, including the provisions of the Ohio Basic Building Code adopted in § 1422.01.
(d) The order shall include notice to the party of the procedure for appeal and right to a hearing if requested within 30 days of the mailing of the notice. The notice shall also inform the party that at the hearing he or she may be represented by counsel, present his or her arguments or contentions orally or in writing, and present evidence and examine witnesses appearing for or against him or her.
(e) Upon the issuance of any order provided for herein or in § 4101:2-1-36 of the Ohio Administrative Code, the person receiving such order shall cease work upon the site preparations or structure to be constructed, or, in the case of an industrialized unit, the installation of the unit, or shall cease using the appliance, materials, assemblages or manufactured product identified in the order until such time as the appeal provided for in accordance with the provisions of Ohio R.C. 3781.19, and all appeals from such hearing, have been completed, or the order herein has been released.
(OAC 4101:2-1-35)
(f) Failure to cease work after receipt of a stop work order as provided in § 4101:2-1-36 of the Ohio Administrative Code is hereby declared to be a public nuisance.
(OAC 4101:2-1-36)
At least one copy of the Codes adopted in § 1422.01 shall be on file with the Clerk of Council for inspection by the public. At least one copy shall also be on file in the County Law Library. In addition, the Clerk of Council shall keep copies available for distribution to the public, at cost.
(a) Whenever a provision of the Ohio Basic Building Code, as adopted in § 1422.01, conflicts with a provision of the Ohio Fire Code or any other order, standard or rule of the Ohio Department of Commerce, Division of State Fire Marshal, the provision of the Ohio Basic Building Code shall control, except that rules adopted and orders issued by the Fire Marshal pursuant to Ohio R.C. Chapter 3743 prevail in the event of a conflict.
(OAC 4101:2-1-04(B); ORC 3781.11(D))
(b) Whenever a provision of the Ohio Basic Building Code, as adopted in § 1422.01, conflicts with a provision of any other standard technical code adopted by the Village, other than as provided in division (a) hereof, or any ordinance, resolution, rule or regulation of Council, the stricter standard shall control.
(c) When a special provision is made in a use group classification of the Ohio Basic Building Code and is inconsistent with a general provision of the Ohio Basic Building Code relating to buildings generally, the special provision governs, unless it appears that the provisions are cumulative.
(OAC 4101:2-1-07)
(a) Whoever violates or fails to comply with any of the provisions of this chapter, including any provision of the Ohio Basic Building Code adopted in § 1422.01, is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than six months, or both, for each offense. Unless otherwise provided, a separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The application of the penalty provided in division (a) hereof shall not be deemed to prevent the enforced removal of prohibited conditions, or the application of any other equitable remedy, including abatement of the nuisance referred to in § 1422.06(f).