Title 41 PART I, BUILDING CODE
Chapter 4103 INTERPRETATION AND APPLICATION
Cross References
4103.01 Purpose.
4103.02 Scope.
4103.03 Building Codes incorporated.
4103.04 Liberal construction.
4103.05 Conflict between special and general provisions.
4103.06 Validity.
4103.07 New work.
4103.08 Existing building.
4103.09 Rehabilitation of building.
4103.10 Maintenance.
4103.11 Relocating a building.
4103.12 Alternate materials and construction.
4103.13 Approval of unlabeled equipment.
4103.14 Fees and assessments.
4103.15 Responsibility of owner.
4103.155 Permission to enter adjoining premises.
4103.16 Directives.
Cross References
Building standards - see Ohio R.C. Ch. 3781
Permits, fees and licensing - see BLDG. Ch. 4113
4103.01 Purpose.
The purpose of this Building Code is to provide minimum standards to
safeguard life or limb, health, property and public welfare by regulating and
controlling the design, construction, quality of materials, use and occupancy,
location and maintenance of all buildings and structures within the city and
certain equipment specifically regulated herein. (Ord. 2229-86.)
4103.02 Scope.
New buildings and structures hereafter erected in the city and buildings
and structures moved into or within the city shall conform to the requirements
of this Building Code including the requirements of the model codes hereby
adopted. No person shall maintain or permit the continuation of any use and/or
occupancy unless it is in conformity with this building code.
Additions,
alterations, repairs, and changes of use or occupancy in all existing buildings
and structures shall comply with the provisions for new buildings and structures
except as otherwise provided for in this Building Code and the model codes
thereby adopted.
As defined in this code, the term “building”
shall include the term “structure” in the Columbus Building
Code.
Where, in any specific case, different sections of this Building Code
specify different materials, methods of construction, or other requirements, the
most restrictive shall govern. (Ord. 2121-94: Ord. 733-06 § 1.)
4103.03 Building Codes incorporated.
(A) Incorporated. The Ohio Building Code (OBC), as designated and set
forth in the Ohio Administrative Code (OAC) Chapters 4101:1-1 to 4101:1-35 and
all amendments, additions, deletions, and/or substitutions thereto as adopted by
the state of Ohio Board of Building Standards, is incorporated fully as if set
out at length herein. This model code is frequently referred to herein as the
OBC and shall apply to all structures governed by the OBC. The OBC includes all
related codes and standards for electrical, mechanical, plumbing, elevator, fire
prevention, and boiler systems.
OBC adopted standards are, but not limited
to, the Ohio Mechanical Code (OAC Chapters 4101:2-1 to 4101:2-15); the Ohio
Plumbing Code (OAC Chapters 4101:3-1 to 4101:3-13); the Ohio Elevator Code (OAC
Chapters 4101:5-1 to 4101:5-3); the Ohio Fire Code (1301:7-1 to 1301:7-7); and
the Ohio Boiler Code (OAC Chapters 4101:4-1 to 4101:4-17).
(B) Incorporated. The Residential Code of Ohio for one (1)-, two (2)- and
three (3)- family dwellings (RCO) as adopted, and/or as republished from time to
time, by the Ohio Board of Building Standards (OBBS) of the State of Ohio,
Department of Commerce, and Division of Industrial Compliance, shall be in full
force and effect. This code includes, but not limited to, all related codes and
standards for electrical, mechanical (HVAC), refrigeration, hydronic, and
plumbing systems. The provisions of this RCO shall apply to all buildings and
structures governed under the provisions of the OBBS--Residential Code of Ohio
(RCO). (Ord. 480-98 § 1; Ord. 1404-99 § 1; Ord. 1349-01 § 1: Ord.
733-06 § 2.)
4103.04 Liberal construction.
This Building Code and all proceedings hereunder shall be liberally
construed in order to promote its purpose under C.C. 4103.01 and to avoid
unnecessary hardship; provided, however, that the spirit and intent of this code
is observed and the public safety, health, and welfare is assured. (Ord.
2229-86.)
4103.05 Conflict between special and general provisions.
When a special provision is made in a use group classification which is
inconsistent with a general provision relating to buildings generally, the
special provision governs, unless it appears that the provisions are cumulative.
(Ord. 2229-86.)
4103.06 Validity.
If any portion, section, or part of a section of this Building Code is
declared by a court of competent jurisdiction to be invalid, illegal or void,
such declaration shall be limited solely to that portion, section or part of a
section that was directly involved in the controversy before the court upon
which judgment was rendered, and shall not affect or impair the validity of the
remainder of the Building Code. (Ord. 2229-86.)
4103.07 New work.
No building or its equipment or appurtenances, to which this Building Code
is applicable under C.C. 4103.02, shall be erected, constructed, or installed,
except in conformity with this code. (Ord. 2229-86.)
4103.08 Existing building.
Repealed by Ordinance 1404-99.
4103.09 Rehabilitation of building.
A building which was existing prior to March 1, 1959, and which is to be
rehabilitated, may be made to conform to this Code by applying the provisions of
OBBC Articles 2 to 31 or Article 32, “Repair, Alteration, Addition to, and
Change of Use of Existing Buildings” incorporated in Chapter 4183, C.C.
Such provisions are not applicable to such building if it conforms to the
balance of the provisions of this Code. (Ord. 2121-94.)
4103.10 Maintenance.
All buildings, both existing and new, and all parts thereof, shall be
maintained in a safe and sanitary condition. All devices or safeguards which are
required by this Building Code in a building when erected, altered or repaired,
shall be maintained in good working order. The owner or his designated agent
shall be responsible for the maintenance of the owner’s building. (Ord.
2229-86.)
4103.11 Relocating a building.
No building other than a temporary building shall be relocated except in
conformity to all the following requirements of this
section.
(A) Notification. The owner or agent of the building under
consideration shall notify the building official of the proposed relocation and
furnish any information required therefor not less than seven (7) days before
the proposed building relocation date.
(B) Required information. The
notification and required information shall include the following concerning the
building;
(1) The present and proposed address;
(2) The type of
construction;
(3) A plot plan of the proposed location, drawn to scale and
having dimensions thereon showing the distance from the relocated building to
all lot lines and other buildings on the same lot;
(4) The approval of the
highway and police authorities having jurisdiction when a street is to be used
in the relocating operation; and
(5) Such other information as may be
necessary to insure compliance with the Building Code.
(C) Inspection. After
the building official receives the required notification and information, he
shall inspect said building, or cause it to be inspected, and if he finds that
it can be safely relocated in the manner proposed, that the proposed new
location of the building will conform to the provisions of this Building Code
applicable to new buildings, and that the building in its new location will not
conflict with any provision of this code, and will conform to C.C. 4103.08 if
the occupancy is changed, he shall notify the owner or his agent in writing that
the building may be relocated.
(D) Permit required. No building shall be
relocated until the building official has approved the relocation thereof
through the issuance of a permit to do so or through written notification to the
owner or his authorized agent.
(E) Elevation. Nothing in this code prohibits
the raising or lowering of a building to meet a change of grade of the street
adjoining the lot onto which the building is being relocated, provided a serious
hazard will not result. (Ord. 2121-94.)
4103.12 Alternate materials and construction.
(A) The provisions of this Building Code are not intended to prevent the
use of any material or method of construction not specifically prescribed by
this Building Code, provided any such alternate has been approved.
(B) The
building official may approve any such alternate provided he finds that the
proposed design is satisfactory and complies with the provisions of Chapter
4139, C.C., “Structural Loads and Stresses,” and that the material,
method or work offered is for the purpose intended, at least the equivalent of
that prescribed in this Building Code, in quality, strength, effectiveness, fire
resistance, durability and safety.
(C) The review of alternate materials and
construction for use in any building regulated by the OBBC may be submitted to
the Ohio Board of Building Appeals for that Board’s approval and
determination that the proposed material or method of construction is at least
equivalent to that prescribed in the OBBC or for granting a variance for its
use. (See Section 4101:2-1-68 OBBC.)
(D) The building official shall require
that sufficient evidence or proof be submitted to substantiate any claim that
may be made regarding its use. Tests as proof of compliance may be required to
be made at the expense of the owner or his agent by an approved agency. Copies
of the results of all such tests affecting buildings shall be kept on file in
the office of the building official. Any person adversely affected by the
refusal of the building official to grant an approval authorized by this section
may appeal to the building commission in the manner provided in C.C. 4107.05.
(Ord. 2121-94.)
4103.13 Approval of unlabeled equipment.
Any equipment which is not labeled or cannot be accepted as meeting the
requirements of this code may be approved as indicated in this section.
The
building official may, after a review of all technical data and a thorough
visual inspection of the equipment submitted, give his approval for use of said
equipment with the city. However, if after said inspection the building official
determines that said equipment does not meet his approval, the installer, owner,
or manufacturer may, at his own expense, submit his equipment to a locally
recognized testing agency for its evaluation. The agency must be acceptable to
the building official. A copy of the evaluation shall be forwarded to the
division in care of the administrator. (Ord. 2121-94.)
4103.14 Fees and assessments.
(A) Council shall, by ordinance, establish and periodically adjust the
fees for all types of applications, licenses and permits provided by the
Department, hereinafter referred to as the “Fee Schedule,” for the
purpose of defraying the costs of providing service thereunder, conducting
inspections, preparing necessary documents, keeping records, and other related
work. The fee in effect on the date of receipt of any application shall be the
fee charged.
(B) In accordance with the provisions of C.C. 121.05, the
Director shall set the charge to be made for administrative services reasonably
in line with the cost of providing such services and revise same as necessary
when such administrative costs change. Administrative service fees which are
hereby authorized shall include, but not necessarily be limited to charges for
making copies, searching records, setting up a customer’s account,
handling electronic mail, preparing special reports, and making microfilm
copies. The charges so set shall be published in the City Bulletin and become
effective on the tenth day following such publication.
(C) Any person
desiring to do or cause to be done anything for which a license registration,
permit or variance is required by this Building Code, shall upon application or
prior to issuance pay to the department through the cashier the fee prescribed
by the then current fee schedule. The fee schedule shall be posted in the
offices of the Department and shall be made available upon request.
(D) An
application or service request by a city employee or official for the benefit of
the city, shall require no fee or service charge.
(E) All fees and service
charges shall be paid to the city treasurer for deposit in the Development
Service Special Revenue Fund.
(F) The fee schedule may contain unique
definitions and specific fees based on variants of codified applications as may
be necessary to fully implement the requirements of this building code and/or
other services the Department makes available for its application.
(G) The
Department shall collect on behalf of the Ohio Department of Commerce, Division
of Industrial Compliance, Ohio Board of Building Standards (OBBS), an assessment
equal to the percentage prescribed in the Ohio Revised Code (ORC) for acceptance
and approval of plans and specifications and for making inspections pursuant to
Ohio Revised Code 3781.102(F). Said assessments shall be paid to the city
treasurer daily for deposit in the OBBS Assessment Fee Fund.
(1) Such
assessment shall apply to fees for any new building, addition, alteration, fire
protection equipment, plumbing, electrical, sign, demolition, relocated
structure, tent, air-supported structure, swimming pool, awning, canopy, fence
over six (6) feet (1829 mm) high, retaining wall, or industrialized
unit.
(2) However, the assessment shall not apply to fees for excavation,
site work, street barricades/blocking, parking lots, agricultural buildings,
fences under six (6) feet high, zoning, and maintenance and repair work
specifically exempted from approval by the building code.
(3) The chief
building official shall report on the prescribed form and remit monthly, by
check, the amount of the assessments collected on behalf of the OBBS not later
than sixty (60) days following the end of each month in which the fees are
collected.
(4) The city treasurer shall issue the city's check for such
assessments collected during said month payable to the treasurer of the state of
Ohio from the OBBS Assessment Payment Fund. (Ord. 1659-93; Ord. 18-02 § 5:
Ord. 733-06 § 3.)
4103.15 Responsibility of owner.
The owner of premises subject to the provisions of this Building Code
shall be responsible for compliance with the standards set forth herein. He
shall remain responsible therefor, regardless of the fact certain
responsibilities may also be placed on operators or agents and regardless of any
agreement between the owner and anyone else as to who shall assume such
responsibilities. The owner shall remain responsible for the elimination of any
violation found on his premises, regardless of any agreement between the owner
and others. (Ord. 2229-86.)
4103.155 Permission to enter adjoining premises.
(a) For the purpose of performing repairs, alterations or maintenance on
the exterior of any dwelling, building or structure, necessary to effect
compliance with the provisions of any Ohio statute, OBC, the City’s
Building or Housing Codes or any other City ordinance, or any lawful rule
adopted or order issued pursuant thereto, a property owner or his agent or
employee shall obtain the consent to enter the adjoining premises from the
owner, agent or occupant of such premises. If consent is granted, the party
requesting permission to enter shall preserve and protect from injury at all
times and at his own expense such adjoining structure or
premises.
(b) Should consent be denied, the party seeking permission to
enter the adjoining premises may apply in writing to the Chief Building Official
who shall conduct the necessary investigation into the matter, and upon good
cause shown, may order the issuance of a permit to enter the adjoining premises.
The fee shall be as prescribed in the fee schedule. Such order may be appealed
to the Columbus Building Commission by the owner, agent or occupant of the
adjoining premises, or by the party seeking permission to enter the adjoining
premises, if such permission is denied.
(c) The procedure for appeal under
this section shall be as follows:
(1) The appeal shall be in writing and be
submitted to the Commission within five regular business days from the date
notice is received that a permit has or has not been issued, which notice shall
be given by the Chief Building Official to the party seeking to enter the
adjoining premises, and to the owner, agent or occupant of such
premises.
(2) Upon the filing of an appeal, a hearing shall be held before
the Commission, at a time and place fixed by the Commission.
(3) Except in
cases of an emergency, the filing of an appeal shall suspend the issuance of a
permit to enter the adjoining premises until the appeal is acted upon by the
Commission. (Ord. 1370-2007 § 1.)
4103.16 Directives.
In accordance with C.C. 121.05, the building official is authorized to
make and adopt directives necessary for the proper administration of the Ohio
Basic Building Code and the Columbus Building Code which are not in conflict
therewith. The building official shall immediately file a certified copy of such
directive with the city clerk for
publication in The City Bulletin.
Directives shall be presented to the building commission for review and
approval. Each adopted directive shall be on file and available to the public at
the division’s offices. A fee to cover costs shall be charged for copies
thereof. (Ord. 2121-94.)
<< previous | next >>