(a) General Prohibitions.
(1) No owners, officers, member of a board or committee, or other person shall construct, erect, build or equip an opera house, hall, theater, church, schoolhouse, college, academy, seminary any building or structure to which the OBC is applicable, or make any addition thereto or alteration thereof, except in the case of repairs or maintenance without affecting the construction, sanitation, safety or any other vital feature of such building or structure, without complying with the provisions of this chapter, the OBC, ORC Chapters 3781. and 3791. or the rules or regulations adopted pursuant thereto.
(2) No architect, engineer, builder, plumber, carpenter, mason, contractor, subcontractor, foreman or employee shall violate or assist in the violation of any of the provisions of this chapter, the OBC, ORC Chapters 3781. and 3791. or the rules or regulations adopted pursuant thereto.
(ORC 3791.01)
(b) Prohibition Against Failure to Obey Official Orders.
(1) No owner or person having the control as an officer or member of a board or committee or otherwise of any building or structure to which the OBC is applicable shall fail to obey any lawful order issued by the State Fire Marshal, boards of health of city and general health districts, the City's Chief Building Official, or the Superintendent of Industrial Compliance in the Ohio Department of Commerce pursuant to the OBC, ORC Chapters 3781. and 3791. or rules or regulations adopted pursuant thereto.
(ORC 3791.02)
(2) No architect, engineer, builder, plumber, carpenter, mason, contractor, subcontractor, foreman, or employee shall violate or assist in the violation of any lawful order issued by the State Fire Marshal, boards of health of city and general health districts, the City's Chief Building Official, or the Superintendent of Industrial Compliance in the Ohio Department of Commerce pursuant to the OBC, ORC Chapters 3781. and 3791. or the rules and regulations adopted pursuant thereto or of any order issued thereunder.
(ORC 3791.03)
(c) Submission of Plans and Necessity of Approval. No owner or any other person shall begin with the construction, erection, or manufacture, or proceed with the construction, erection, alteration, or equipment of any building or structure, including industrialized units, to which the OBC is applicable without complying with the provisions of this chapter, the OBC, ORC 3781. and 3791. and the rules or regulation adopted pursuant thereto, as applicable, and the plan and specification submission and processing requirements of the City and/or the OBC 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)
(d) Noncompliance as Public Nuisance. The construction, alteration, erection, and repair of buildings, including industrialized units, and the materials and devices of any kind used in connection with them and the heating and ventilating of them and the plumbing and electric wiring in them shall conform to the OBC, State statutes or the rules adopted and promulgated by the Ohio Board of Building Standards, and to the provisions of the Xenia City Code that are not inconsistent therewith. Any building, structure, or part thereof that is constructed, erected, altered, manufactured, or repaired not in accordance with the OBC, state statutes or with the rules of the Ohio Board of Building Standards, and any building, structure or part thereof in which there is installed, altered, or repaired any fixture, device, and material, or plumbing, heating, or ventilation system, or electrical wiring not in accordance with the OBC, state statutes or rules of the Ohio Board of Building Standards is hereby declared to be a public nuisance.
(ORC 3781.11(C))
(e) Penalties.
(1) Whoever violates division (a) of this section, when such violation is detrimental to the health, safety, or welfare of any person, is guilty of a minor misdemeanor.
(ORC 3791.99)
(2) Whoever violates division (b) of this section shall be fined not more than one thousand dollars ($1,000).
(ORC 3791.02; 3791.03)
(3) Whoever violates division (c) of this section shall be fined not more than five hundred dollars ($500).
(ORC 3791.04) (Ord. 2022-51. Adopted 01/12/23)