(a) 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 RCO, 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 RCO, ORC Chapters 3781. and 3791. or the rules and regulations adopted pursuant thereto or of any order issued thereunder.
(ORC 3791.03)
(b) 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 residential building or structure to which the RCO is applicable without complying with the provisions of this chapter, the RCO, 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 RCO 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)
(c) Noncompliance as Public Nuisance. The construction, alteration, erection, and repair of residential buildings 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 RCO, 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 residential building, structure, or part thereof that is constructed, erected, altered, manufactured, or repaired not in accordance with the RCO, 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 RCO, state statutes or rules of the Ohio Board of Building Standards is hereby declared to be a public nuisance.
(ORC 3781.11(C))
(d) Penalties.
(1) Whoever violates division (a) of this section shall be fined not more than one thousand dollars ($1,000).
(ORC 3791.02; 3791.03)
(2) Whoever violates division (b) of this section shall be fined not more than five hundred dollars ($500).
(ORC 3791.04)
(Ord. 97-54. Adopted 11/13/97; Ord. 2022-51. Adopted 01/12/23)