CHAPTER 1301

Ohio Basic Building Code

1301.01 Adoption.
1301.02 Purpose.
1301.03 Application.
1301.04 Compliance.
1301.05 Use, maintenance and rehabilitation.
1301.06 Notice of violations; adjudication or stop work order.
1301.07 Copies.
1301.08 Conflict.
1301.09 Enforcement.
1301.99 Penalty.

CROSS REFERENCES

See sectional histories for similar State law
Removal of unsafe structures - see Ohio R.C. 715.26(B), 715.261
Power to enact further and additional regulations - see Ohio R.C. 3781.01
Authorization by Board of Building Standards - see Ohio R.C. 3781.12
Enforcement - see Ohio R.C. 3781.03, 3781.031, 3781.10(E), 3781.102, 3781.19
Final jurisdiction - see Ohio R.C. 3781.04
Application - see Ohio R.C. 3781.06, 3781.10(E), 3781.11(A)
Submission of plans - see Ohio R.C. 3791.04
Dead bolt locks in apartment buildings - see Ohio R.C. 3781.103
Smoke detection system for apartments and condominiums - see Ohio R.C. 3781.104; OAC Ch. 4101:2-89
Use of public buildings by handicapped persons - see Ohio R.C. 3781.111
Energy conservation - see Ohio R.C. 3781.181; OAC Art. 4101:2-25
Safety glazing - see Ohio R.C. 3781.51 et seq.
Abandoned service stations - see Ohio R.C. 3791.11 et seq.
Safety standards for refuse containers - see Ohio R.C. 3791.21; OAC 4101:2-88-01 et seq.


1301.01 ADOPTION.

(a)Pursuant to Ohio R.C. 731.231, there is hereby adopted by the Municipality, the Ohio Basic Building Code (OBBC) as adopted by the Ohio Board of Building Standards, Department of Industrial Relations, effective January 1, 1989, and as published in Division 4101:2 of the Ohio Administrative Code (OAC).

(b)The BOCA National Building Code 1987, tenth edition, as well as the BOCA National Mechanical Code 1987, sixth edition, as published by the Building Officials and Code Administrators International, Inc. (BOCA), and as amended by chapters 4101:2-1 to 4101:2-54 of the Ohio Administrative Code are hereby incorporated fully herein as if set out at length.


1301.02 PURPOSE.
PURPOSE.The purpose of the Ohio Basic Building Code as adopted herein is:

(a)To provide uniform minimum standards and requirements for the erection, construction, repair, alteration and maintenance of buildings, including construction of industrialized units. Such standards shall relate 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 practicable, 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.

(d)Encourage, so far as may be practicable, the standardization of construction practices, methods, equipment, material and techniques, including methods employed to produce industrialized units. (OAC 4101:2-1-05)


1301.03 APPLICATION.
The Ohio Basic Building Code as adopted herein 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 where the context specifies mandatory applicability;

(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;

(d)Buildings constructed in accordance with plans which have been approved prior to the effective date of the Ohio Basic Building Code adoption;

(e)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, as set forth in 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; and

(h)Buildings or structures which are designed, constructed and maintained in accordance with Federal standards and regulations and are used for Federal and State military purposes as provided in OBBC. (OAC 4101:2-1-09)


1301.04 COMPLIANCE.

(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 case of repairs for maintenance without affecting the construction, sanitation, safety or 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 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)


1301.05 USE, MAINTENANCE AND REHABILITATION.

(a)New Work. No buildings or its equipment or appurtenances, to which the Ohio Basic Building Code is applicable under Section 1301.03, shall be erected, constructed or installed, except in conformity with OBBC. (OAC 4101:2-1-10)

(b)Change of Use. The use of a building shall not be changed, as defined in the Ohio Basic Building Code, unless the building and the building service equipment therein conform to the requirements of OBBC for buildings of the proposed new use group classification.

(c)Part Change of Use. Part change of use of a building shall be permitted if the portion of the building being changed is separated from the remainder of the structure with the required vertical and horizontal fire separation assemblies complying with the fire grading in Table 902 of OBBC. All of the building and building service equipment serving the part that is changed in use shall be made to conform to the requirements for the new use and occupancy. The remainder of the structure shall not be less safe or sanitary as a result of the part change of use.

(d)Alterations or Repairs. Alterations or repairs may be made to any structure without requiring the existing structure to comply with all the requirements of OBBC, provided the alteration or repair conforms to that required of a new structure; however, if the structure is increased in floor area or number of stories, the entire structure shall be made to conform with the requirements of OBBC in respect to means of egress, fire protection, light and ventilation. (OAC 4101:2-1-11)

(e)Maintenance. Buildings and building service equipment shall be maintained so as to comply with OBBC, 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 subsections (b) or (c) hereof.

(f)Minor Repairs. Minor repairs to structures may be made without application or notice to the Building Official, but such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. (OAC 4101:2-1-13)

(g)Rehabilitation. Buildings or structures existing prior to March 1, 1959, which are to be rehabilitated, may be made to conform to OBBC by applying the provisions of OBBC Article 32. The provisions of Article 32 are not applicable to such buildings or structures which conform to the provisions of OBBC Article 2 to 31. (OAC 4101:2-1-12)

(h)Special Rules for Certain Existing Uses. Existing apartment and condominium buildings, nursing and rest homes, and child day-care centers shall also be made to comply with applicable provisions of Chapters 4101:2-89, 4101:2-90 and 4101:2-91 of the Ohio Administrative Code. (OAC 4101:2-1-11)


1301.06 NOTICE OF VIOLATIONS; ADJUDICATION OR STOP WORK ORDER.

(a)When the Municipality 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 such building or structure or his agent. The notice shall state where and in what respect the work or equipment does not conform to such lawful requirements and specify a reasonable period of time in which to conform. (OAC 4101:2-1-34)

(b)Prior to enforcement of this chapter by any civil or criminal remedy, the Municipality shall issue an adjudication order within the meaning of Ohio R.C. 119.06 to 119.13 and Ohio Administrative Code 4101:2-1-35, or a stop work order as provided in OAC 4101:2-1-36. Failure to cease work after receipt of an adjudication order is a violation of this chapter pending completion of appeal as provided in Ohio R.C. 3781.19, and failure to cease work after receipt of a stop work order is a violation of this chapter and is hereby declared a public nuisance pending completion of appeal as provided in Ohio R.C. 3781.19. (OAC 4101:2-1-35; 4101:2-1-36)


1301.07 COPIES.
Copies of Codes as adopted in this chapter are on file with the Council Clerk for inspection by the public, and also on file in the County Law Library, and the Clerk has copies available for distribution to the public at cost.


1301.08 CONFLICT.

(a)The rules of the Ohio Board of Building Standards including the Ohio Basic Building Code shall supersede and govern any order, standard or rule of the Department of Commerce, Division of State Fire Marshal including the Ohio Fire Code, the Department of Industrial Relations and the Division of Workshops and Factories in it, and the Department of Health, in all cases where such orders, standards or rules are in conflict with the rules of the Ohio Board of Building Standards, except that rules adopted and orders issued by the State Fire Marshal pursuant to Ohio R.C. Chapter 3743 prevail in the event of conflict. (ORC 3781.11)

(b)In all other cases of conflict between the Ohio Basic Building Code and any other Municipal ordinance or technical code adopted thereby, the more restrictive provision shall govern.

(c)Where a special provision is made in a use group classification of OBBC and is inconsistent with a general provision of OBBC relating to buildings generally, the special provision governs, unless it appears that the provisions are cumulative. (OAC 4101:2-1-07)


1301.09 ENFORCEMENT.

(a)The Building Official shall enforce all the provisions of OBBC relating to construction, arrangement, and erection of all buildings or parts thereof including fire protection as defined in OBBC.

(b)The Fire Marshal or Fire Chief shall enforce all provisions of OBBC relating to fire prevention as defined in OBBC. (OAC 4101:2-1-16)


1301.99 PENALTY.
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 first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both. 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 failure to cease work after receipt of a stop work order as referred to in
Section 1301.06(b).


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