1422.03 APPLICATION.
   The OBBC applies to all buildings except as follows:
   (a)   Single-family, two-family and three-family dwelling houses which are not constructed of industrialized units, except for the energy conservation provisions required in “Chapter 13, Energy Conservation” of the OBBC (see Ohio R.C. 3781.06, 3781.181 and 3781.182);
   (b)   Buildings owned by and used for a function of the United States government;
   (c)   Existing buildings where their location, parts, equipment and other items do not constitute a serious hazard, unless otherwise regulated by the provisions of “Chapter 34, Existing Structures” of the OBBC;
   (d)   Buildings constructed in accordance with plans which have been approved prior to the effective date of the OBBC;
   (e)   Buildings or structures which are incident to the use for agricultural purposes of the land on which said buildings or structures are located, provided such buildings or structures are not used in the business of retail trade. For the purposes of this section, a building or structure is not considered used in the business of retail trade if fifty percent or more of the gross income received from sales of products in the building or structure by the owner or operator is from sales of products produced or raised in a normal crop year on farms owned or operated by the seller (see Ohio R.C. 3781.06 and 3781.061);
   (f)   Agricultural labor camps as defined in Ohio R.C. 3733.41;
   (g)   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;
   (h)   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 of Ohio such amounts for the acquisition, construction, expansion, rehabilitation and conversion by the State of Ohio 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 of Ohio 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 relating to the safekeeping of arms.
(OAC 4101:2-1-09)