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.)