CODIFIED ORDINANCES OF WESTLAKE PART THIRTEEN - BUILDING CODE

Transcription

1 CODIFIED ORDINANCES OF WESTLAKE PART THIRTEEN - BUILDING CODE TITLE ONE - Standards Chap Residential Code of Ohio. Chap Ohio Building Code. TITLE THREE - Administration Chap General Administration and Enforcement. Chap Permits and Inspections. Chap Fees for Permits and Inspections. Chap Park and Recreation Fees. Chap Board of Building Appeals. Chap Registration of Contractors. TITLE FIVE - Water Supply and Sanitation Chap Drainage and Sanitation. Chap Flood Hazards. Chap Illicit Discharge and Illegal Connection Control. TITLE SEVEN - Other Local Provisions Chap Apartments. Chap Rental License. Chap Demolition of Buildings. Chap Moving of Buildings. Chap Building Facing and Sheathing. Chap Grading and Drainage. Chap Swimming Pools. Chap Removal of Topsoil. Chap Access to Construction Sites. Chap Adequate Water Supply for Fire-Fighting Purposes. Chap Adult Day Care Facility. Chap Gasoline Service Stations. Chap Encroachment. Chap Real Property Maintenance Code. Chap Sign Regulations. (Repealed) Chap Interim Structures. February 2011 Replacement

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3 3 CODIFIED ORDINANCES OF WESTLAKE PART THIRTEEN - BUILDING CODE Chap Residential Code of Ohio. Chap Ohio Building Code. CHAPTER 1301 Residential Code of Ohio Adoption Amendments. (Repealed) File and distribution Homeowners' exception. copies Administration of Residential Conflict. Code of Ohio. CROSS REFERENCES Adoption by reference - see Ohio R.C State to enforce industrialized unit regulations - see Ohio R.C , State to establish energy standards for one, two and three-family dwellings - see Ohio R.C Driveway drainage - see S.U. & P.S. Ch. 903 Sidewalk construction - see S.U. & P.S. Ch. 905 Permits and fees - see ZON. Ch. 1231; BLDG. Ch et seq. Access to construction sites - see BLDG. Ch October 2008 Replacement

4 BUILDING CODE ADOPTION. There is hereby adopted by the City, the Residential Code of Ohio (RCO), as adopted by the Ohio Board of Building Standards, Department of Commerce, effective July 1, 2007, and any amendments thereto, and as published in Chapters 4101:8-1 to 4101:8-43 of the Ohio Administrative Code. (Ord Passed ) FILE AND DISTRIBUTION COPIES. Copies of the Residential Code of Ohio adopted herein are on file with the Director of Inspections for inspection by the public and in the County Law Library. (Ord Passed ) CONFLICT. (a) The rules of the Ohio Board of Building Standards, including the Residential Code of Ohio, shall supersede and govern any order, standard or rule of the Department of Commerce, Division of State Fire Marshal, including the Ohio Fire Code and the Department of Health, in all cases where such conflict exists with the rules of the Ohio Board of Building Standards, except that rules adopted and orders issued by the State Fire Marshal or Ohio R.C. Chapter 3743 prevail in the event of conflict, according to Ohio R.C (b) In the event the Council of the City has adopted requirements or standards in addition to the requirements established by the State of Ohio in the Residential Code of Ohio, the additional requirements or standards of the City shall apply where applicable. (Ord Passed ) AMENDMENTS. (EDITOR S NOTE: Former Section was repealed by Ordinance , passed May 18, 2006.) HOMEOWNERS' EXCEPTION. No provision of the Residential Code of Ohio or any regulation adopted by authority of that Code shall be interpreted to require that the owner of a single or one-family dwelling shall be licensed or registered or hold a certificate of qualification personally to perform work upon the premises occupied, or to be occupied, by the owner thereof as such owner's established residence. All such work shall be done by the owner with the assistance only of any member of his family or household and the work shall be done in conformity with the provisions of the Residential Code of Ohio and rules or regulations promulgated thereunder, and no work shall be done unless all permits, inspections and approvals required by that Code are secured. (Ord Passed ) ADMINISTRATION OF RESIDENTIAL CODE OF OHIO. Administration and enforcement of RCO, for all one, two and three family dwellings is the duty of the Director of Inspections and his assistants and shall comply with the provisions of the RCO Chapter 1. (Ord Passed ) (NOTE: The next printed page is page 9.) October 2008 Replacement

5 9 CHAPTER 1303 Ohio Building Code Adoption Compliance Copies Conflict Enforcement Amendments Penalty. CROSS REFERENCES See sectional histories for similar State law Removal of unsafe structures - see Ohio R.C (B), Power to enact further and additional regulations - see Ohio R.C Authorization by Board of Building Standards - see Ohio R.C Enforcement - see Ohio R.C , , (E), , Final jurisdiction - see Ohio R.C Application - see Ohio R.C , (E), (A) Submission of plans - see Ohio R.C Dead bolt locks in apartment buildings - see Ohio R.C Smoke detection system for apartments and condominiums - see Ohio R.C Automatic sprinkler systems - see Ohio R.C , et seq. Fire suppression systems - see Ohio R.C Use of public buildings by handicapped persons - see Ohio R.C Energy conservation - see Ohio R.C , , Abandoned service stations - see Ohio R.C et seq. Safety standards for refuse containers - see Ohio R.C ; OBC Ch. 13

6 BUILDING CODE ADOPTION. There is hereby adopted by the Municipality, the Ohio Building Code (OBC) as adopted by the Ohio Board of Building Standards, Ohio Department of Commerce, effective July 1, 2007, and any amendments thereto and as published Chapters 4101:1-1 to 4101:1-35 of the Ohio Administrative Code (OAC). (Ord Passed ) COMPLIANCE. (a) No owner or any other person shall construct, erect, build or equip any building or structure to which the Ohio 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 Building Code, or fail to comply with any lawful order issued pursuant thereto. (ORC , ) (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 Building Code, or fail to comply with any lawful order issued pursuant thereto. (ORC , ; Ord Passed ) (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 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. (Ord Passed ) COPIES. Copies of Codes as adopted in this chapter are on file with the Director of Inspections for inspection by the public, and also on file in the County Law Library, and the Director has copies available for distribution to the public at cost. (Ord Passed ) CONFLICT. (a) The rules of the Ohio Board of Building Standards including the Ohio 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, 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 )

7 11 Ohio Building Code (b) In the event the Council of the City of Westlake has adopted additional requirements or standards above or in addition to the minimum requirements established by the State of Ohio in the Ohio Building Code, the additional requirements or standards of the City shall apply where applicable. (Ord Passed ) (c) Where a special provision is made in a use group classification of OBC and is inconsistent with a general provision of OBC relating to buildings generally, the special provision governs. (Ord Passed ) ENFORCEMENT. (a) The Building Official shall enforce all the provisions of OBC relating to construction, arrangement, and erection of all buildings or parts thereof including fire protection as defined in OBC. (b) The Fire Marshal or Fire Chief shall enforce all provisions of OBC relating to fire prevention as defined in OBC. (OBC 104.1; Ord Passed ) AMENDMENTS. The following provisions of the Ohio Building Code are hereby supplemented, amended or deleted from the Westlake Building Code as is respectively indicated: OBC Section 3408, Moved Structures (Supplemented) Refer to Chapter 1359 of the Codified Ordinances of Westlake for specific City requirements. OBC Section 104, Duties and Powers (Supplemented) Refer to Chapter 1311 of the Codified Ordinances of Westlake for specific City requirements. OBC Section 108 Construction Documents Examination and Inspection Fee (Deleted) Refer to Chapter 1315 of the Codified Ordinances of Westlake. (Ord Passed ) OBC Section 110 Certificate of Occupancy (Supplemented) Refer to Chapter 1311 of the Codified Ordinances of Westlake for specific City requirements. OBC Section 3107 Signs (Supplemented) If any portion of this article is in conflict with any portion of the City s present sign regulations, as codified in Chapter 1223 of the Zoning Code, the latter regulations shall prevail. OBC Section 305 Educational Group E Section Day Care (Amended) Delete the following text:

8 BUILDING CODE 12 The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five but no more than 100 children 2 1/2 years or less of age, when the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as a Group E occupancy. OBC Section 308 Institutional Group I Section Child Day Care Facility (Amended) Delete the following text: Exception: A child day care facility which provides care for more than five, but no more than one hundred children two and one half years or less of age, when all the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as Use Group E. OBC Section 503 GENERAL HEIGHT AND AREA LIMITATIONS Table 503 (Amended) USE GROUPS TYPE VA CONST. TYPE VB CONST. PROTECTED(o) UNPROTECTED(o) A-1 Assembly, theaters not permitted not permitted A-2 Assembly, night clubs, restaurants not permitted not permitted A-3 Assembly, churches not permitted not permitted A-4 Assembly, recreation centers not permitted not permitted A-5 Stadiums not permitted not permitted B Business not permitted(n) not permitted E Education not permitted not permitted F-1 Factory & Industrial not permitted not permitted moderate hazard F-2 Factory & Industrial not permitted not permitted low hazard H-1 High hazard not permitted not permitted detonation hazard H-2 High hazard not permitted not permitted deflagration hazard H-3 High hazard not permitted not permitted physical hazard H-4 High hazard not permitted not permitted health hazard I-1 Institutional not permitted not permitted residential care I-2 Institutional not permitted not permitted incapacitated I-3 Institutional not permitted not permitted restrained I-4 Daycare facilities not permitted not permitted M Mercantile not permitted not permitted R-1 Residential, hotels not permitted not permitted motels

9 13 Ohio Building Code USE GROUPS TYPE VA CONST. TYPE VB CONST. PROTECTED(o) UNPROTECTED(o) R-2 Residential, multiple family not permitted not permitted R-3 Residential, multiple not permitted not permitted single-family R-4 Residential Care, less than 17 occ. not permitted not permitted S-1 Storage moderate hazard not permitted not permitted S-2 Storage low hazard not permitted not permitted U Utility, miscellaneous not permitted not permitted Note n. Newly constructed one story office buildings are permitted. Note o. Structures listed in Westlake Zoning Code Section may be permitted by conditional use permit. (Ord Passed ) OBC Section 903 Automatic Sprinkler (Amended) Buildings over two (2) stories in height. An automatic sprinkler system shall be installed throughout buildings with a floor level having an occupant load of 30 or more that is located 30 feet or more above the lowest level of Fire Department vehicle access. (Ord Passed ) Group A-2 (Supplemented) 4. A fire area designed as a dancehall, night club, cabarets or used for a similar purpose having an occupancy loading of 100 or more shall be provided with an automatic fire suppression system. Section Elevator Car to Accommodate Ambulance-Stretcher. (Amended) All elevators required by the Ohio Building Code or A.D.A. shall have a minimum floor area of 35 square feet with the longest dimensions not less than 6'8". The entrance door shall be a side mounted door not less than 42" in width. An alternate elevator configuration may be approved by the Fire Department. The elevator shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76mm) high and shall be placed inside on both sides of the hoist way door frame. (Ord Passed ) 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 order. (Ord Passed ) (NOTE: The next printed page is page 17.)

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11 15 CHAPTER 1305 National Electrical Code National Electrical Code Conflict of laws. adopted Penalty File and distribution copies. CROSS REFERENCES Power to license electricians - see Ohio R.C Adoption of technical codes - see Ohio R.C Underground wiring in subdivisions - see PLAN. & PLAT Permits and fees for electrical wiring and equipment - see BLDG NATIONAL ELECTRICAL CODE ADOPTED. For the purpose of safeguarding persons, buildings, dwellings, building contents and other property in the City from hazards arising from the use of electricity for light, heat, power, radio, signing and other uses, the current edition of the National Electrical Code as adopted and published by the National Fire Protection Association is hereby adopted and incorporated as fully as if set out at length herein including amendments to and future additions of such Code effective as and of the date they are adopted and published by the National Fire Protection Association, save and accept such portions as are hereinafter deleted, modified or amended. The Code shall apply to single, two, and three family dwellings. (Ord Passed ) (a) "Feed Through Ground Fault Receptacle Outlets". The City requires that not more than two receptacles shall be served by one ground fault interrupter. Both affected receptacles shall be located on the same floor and shall serve no other receptacles. Garage and outside receptacles may be served by the same ground fault interrupter, but may not exceed the total of two receptacles per ground fault interrupter as previously stated. (b) "Aluminum Wires". The use of aluminum wires in buildings in the City shall be prohibited. The only allowable use is for electric service lines, from the utility company mains to the electric meter. (Ord Passed ) (c) The minimum wire size for all branch circuits shall be #12 (AWG). (d) All rooms with more than one entrance shall have a switching device installed at each entrance into the room. (e) (f) Load calculations shall be submitted prior to the issuance of any electrical permit. All branch circuits will be subjected to a voltage drop test to verify that the ampacity of the circuit is in compliance with the NEC, Section (a). (Ord Passed )

12 BUILDING CODE FILE AND DISTRIBUTION COPIES. A complete copy of the National Electrical Code, as adopted in Section , is on file with the Director of Inspections for inspection by the public and is also on file in the Cuyahoga County Law Library. The Director also has copies available for distribution to the public, at cost. (Ord Passed ) CONFLICT OF LAWS. In the event of any conflict between the requirements of the National Electrical Code and those of any other codes adopted by the City, or any City ordinance, that requirement which establishes the higher or stricter standard shall prevail. Adoption of the National Electrical Code shall in no way affect the provisions of the OBC 27 and shall apply to one, two and three family dwellings. (Ord Passed ) PENALTY. (a) Whoever violates any provision or fails to conform to any of the requirements of the National Electrical Code herein adopted or fails to comply with any order made thereunder or violates any detailed statement of specifications or plans submitted and approved thereunder, shall, severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor of the third degree. Each day's continued violation of the National Electrical Code shall constitute a separate offense. (b) The application of the penalty provided in subsection (a) hereof shall not be held to prevent the enforced removal of prohibited conditions.

13 16A CHAPTER 1307 International Mechanical and Fuel Gas Code International Mechanical and Fuel Gas Code adopted File and distribution copies Conflict of laws Penalty. CROSS REFERENCES Adoption by reference - see Ohio R.C INTERNATIONAL MECHANICAL AND FUEL GAS CODE ADOPTED. For the purpose of safeguarding persons, buildings, dwellings, building contents and other property in the City from hazards arising from the use of electricity for light, heat, power, radio, signing and other uses, the current edition of the International Mechanical and Fuel Gas Code as adopted and published by the International Code Council, Inc., is hereby adopted and incorporated as fully as if set out at length herein including amendments to and future additions of such Code effective as and of the date they are adopted and published by the International Code Council, Inc., save and accept such portions as are hereinafter deleted, modified or amended. The Code shall apply to single, two, and three family dwellings. (Ord Passed ) FILE AND DISTRIBUTION COPIES. A complete copy of the International Mechanical and Fuel Gas Code, as adopted in Section , is on file with the Director of Inspections for inspection by the public. The Director also has copies available for distribution to the public, at cost. (Ord Passed ) CONFLICT OF LAWS. In the event of any conflict between the requirements of the International Mechanical and Fuel Gas Code and those of any other codes adopted by the City, or any City ordinance, that requirement which establishes the higher or stricter standard shall prevail. (Ord Passed ) PENALTY. (a) Whoever violates any provision or fails to conform to any of the requirements of the International Mechanical and Fuel Gas Code herein adopted or fails to comply with any order made thereunder or violates any detailed statement of specifications or plans submitted and approved thereunder, shall, severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor of the third degree. Each day s continued violation of the International Mechanical and Fuel Gas Code shall constitute a separate offense. (b) The application of the penalty provided in subsection (a) hereof shall not be held to prevent the enforced removal of prohibited conditions. (Ord Passed )

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15 17 TITLE THREE - Administration Chap General Administration and Enforcement. Chap Permits and Inspections. Chap Fees for Permits and Inspections. Chap Park and Recreation Fees. Chap Board of Building Appeals. Chap Licensing Contractors. CHAPTER 1311 General Administration and Enforcement Inspection of existing buildings Injunction proceedings Remedies not limited Notification of violation Compliance required Enforcement by Director of Inspections Building permit required Building permit application and certification New permit required for change in plans Certificate of occupancy required Certificate of occupancy application and issuance Record of certificates Fees for certificate and copies Administration of Ohio Building Code Penalty. CROSS REFERENCES Department of Buildings, Structures and Inspections - see ADM. Ch. 149 Review of development plans - see ZON et seq. Issuance of building permits; inspections - see ZON. Ch. 1231; BLDG. Ch Certificates of occupancy - see ZON et seq. Director's determination of fees for permits or inspections - see BLDG

16 BUILDING CODE INSPECTION OF EXISTING BUILDINGS. The Director of Inspections shall have authority to inspect any building or structure within the City at any time during its construction or when any change or alteration is being made. He shall have the right to inspect any building that may be deemed unsafe or unsanitary or where there may be a possibility of a fire risk from any cause whatsoever. (Ord Passed ) INJUNCTION PROCEEDINGS. Whenever any person, firm or corporation fails, neglects or refuses to comply with any order of the Director of Inspections under the provisions of this Building Code, or whenever any building or other structure is used or occupied so as to be in violation of or not in conformity with any provision of this Building Code, the Director may, in his discretion, institute and maintain in the name of the City an appropriate action at law or in equity to restrain the execution in violation of this Building Code, to prevent the occupation or use of such building or other structure and to prevent or terminate any violation of this Building Code. (1958 Code Sec ) REMEDIES NOT LIMITED. The exercise of the rights and remedies granted in this chapter shall in no way preclude or limit the City from exercising any other right or remedy now or hereafter granted to it under the laws of the State or the ordinances of the City. (1958 Code Sec ) NOTIFICATION OF VIOLATION. The Director of Inspections or his authorized representative, upon finding a violation of the Building Code or the Zoning Code of the City and who thereafter determines that a letter shall be sent to the violator, shall indicate in such letter the section of the Zoning Code or Building Code violated. (Ord Passed ) COMPLIANCE REQUIRED. No structure shall be built, reconstructed, altered, used or occupied unless built, reconstructed, altered or occupied after compliance and in conformity with this Building Code. (Ord Passed ) ENFORCEMENT BY DIRECTOR OF INSPECTIONS. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Director of Inspections. (Ord Passed ) BUILDING PERMIT REQUIRED. No structure shall be built, altered, remodeled or reconstructed, and no excavation for a foundation shall be made, until a permit, hereafter called a building permit, for such building has been issued by the Director of Inspections. (Ord Passed )

17 19 General Administration and Enforcement BUILDING PERMIT APPLICATION AND CERTIFICATION. All applications for building permits shall be made in triplicate on forms furnished by the Director of Inspections and shall be accompanied by a plat in triplicate, drawn to scale and showing the actual dimensions of each lot upon which the building of a structure is proposed to be done and the size and location of each such structure upon each such lot, and such plans drawn to scale, specifications and other information as may be necessary to enable the Director to determine that the proposed structure and use of land will conform to the provisions of this Building Code and the Zoning Code. No building permit shall be issued without certification thereon by the Director that the building proposed to be done thereunder will conform to the provisions of this Building Code. Such certification shall be made or refused within fifteen days after receipt by the Director of a copy of such application and plat. (Ord Passed ) NEW PERMIT REQUIRED FOR CHANGE IN PLANS. Following the granting of a building permit, no alteration in the proposed structure as represented by the plat, plans and specifications filed shall be made without application for another building permit in accordance with Section (Ord Passed ) CERTIFICATE OF OCCUPANCY REQUIRED. No land shall be occupied, used or changed in use, and no structure or alteration or enlargement thereof shall be occupied, used or changed in use, until a Certificate of Occupancy has been issued therefor by the Director of Inspections. The Director, after all exterior improvements exclusive of the building have been substantially completed, may grant to the owner permission to occupy that portion of the building or structure that has passed final inspection. Substantial completion for purposes of this section, means sidewalks, parking provisions and landscaping attributable to that portion of the structure to be used. (Ord Passed ) CERTIFICATE OF OCCUPANCY APPLICATION AND ISSUANCE. A Certificate of Occupancy shall be applied for at the time application is made for a building permit. Each application shall be made in duplicate on forms furnished by the Director of Inspections and shall be accompanied by the fee required by Section No building permit shall be issued before such application has been made for a Certificate of Occupancy. A Certificate of Occupancy shall be issued within ten days after the building of the structure to which it applies is completed in conformity with the plat, plans and specifications filed and with the provisions of the Zoning Code, and after the installation, in operating condition, of necessary sanitary and utility facilities; or, where the Certificate of Occupancy is sought for the occupancy, use or change in use of land, it shall be issued within ten days after application therefor, provided such proposed occupancy, use or change in use is in conformity with the provisions of the Zoning Code and this Building Code. (Ord Passed )

18 BUILDING CODE RECORD OF CERTIFICATES. A record of all Certificates of Occupancy shall be kept on file in the office of the Director of Inspections, and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the structure or land affected. (Ord Passed ) FEES FOR CERTIFICATE AND COPIES. For an original Certificate of Occupancy there shall be charged a fee, but no fee shall be charged if a building permit is secured at the same time for the same structure. For each copy of any Certificate of Occupancy a fee shall be charged. Such fees shall be determined by ordinance and shall be paid to the Director of Inspections who, upon payment thereof, shall deposit the same with the Director of Finance. (Ord Passed ) ADMINISTRATION OF OHIO BUILDING CODE. Administration and enforcement of OBC for all buildings other than one, two and three family dwellings is the duty of the Director of Inspections and his assistants and shall comply with the provisions of OBC Article 1 (OAC 4101:1-1) PENALTY. (a) Whoever violates any of the provisions of this Building Code for which no penalty is otherwise provided is guilty of a misdemeanor of the second degree. A separate offense shall be committed each day or portion thereof during which any violation is committed, continued or permitted. (b) Whoever violates any of the provisions of Sections through , or fails to comply therewith, shall, for each and every violation or noncompliance, is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. (c) Any person having control of any land or structure whereon or wherein a violation of any of the provisions of this chapter occurs, and any other person who assists in the commission of any such violation, shall each be guilty of a separate offense and shall be liable to the penalty as herein provided. (d) The City may institute injunction proceedings in any court of competent jurisdiction to prevent or terminate a violation of any of the provisions of this chapter.

19 21 CHAPTER 1313 Permits and Inspections Permits required; application and issuance Permit time limitations; misrepresentation and errors in issuance Exceptions for minor repairs Time delay between application and issuance. (Repealed) Posting permit application sign. (Repealed) Evidence of ownership required. (Repealed) Temporary structures Plan approval; posting and file copies Alteration or erasure of plans; work deviation Work completion; return of plans Bond required Penalty. CROSS REFERENCES Gas and oil well permits - see BUS. REG et seq. Street excavation permits - see S.U. & P.S et seq. Sidewalk permits - see S.U. & P.S et seq. Sewer connection permit - see S.U. & P.S et seq. Building permits to conform to required areas for public use - see PLAN. & PLAT Permit issuance for shopping center development plans - see PLAN. & PLAT Building permit issuance in subdivisions - see PLAN. & PLAT Conditional use permits - see ZON et seq. Building permits and zoning - see ZON et seq. Building permit fees - see BLDG. Ch Plan review - see BLDG. Ch Drainage plans required for permit - see BLDG et seq. Swimming pool permit - see BLDG et seq. Access driveways required for permit - see BLDG PERMITS REQUIRED; APPLICATION AND ISSUANCE. (a) Before commencing or proceeding with the erection, construction, alteration or repair of any building or structure or any part thereof, a building permit shall first be obtained by the owner or his agent or architect, from the Director of Inspections. No person shall commence or proceed with any such work unless such permit shall first have been obtained. (Ord Passed )

20 BUILDING CODE 22 (b) Application for such permit shall be made by the owner or his agent or architect in the manner specified in Section of the Zoning Code. (Adopting Ordinance) (c) An issued permit shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of this Building Code or other applicable laws, ordinances, rules and regulations. Such issuance of a permit shall not prevent the administrative office having jurisdiction from thereafter requiring a correction of errors in plans or construction, nor shall it prevent him having jurisdiction over violations of this Building Code or of other applicable laws, ordinances, rules or regulations. (Ord Passed ) PERMIT TIME LIMITATIONS; MISREPRESENTATION AND ERRORS IN ISSUANCE. (a) After a permit has been issued, it shall be void if: (1) The work for which such permit was issued is not commenced within 180 days; (2) The work is suspended for 180 days; (3) For construction controlled by the OBC, see OBC Section (Ord Passed ) However, if, by reason of acts of God, fire, epidemics, landslides, floods, strikes, lockouts or other industrial disturbances, acts of public enemies, acts or orders of any kind of any governmental authority, insurrections, riots, civil disturbances, explosions, breakage or accident to machinery, transmission pipes or canals, partial or entire failure of utilities or any other unanticipated cause or event not reasonably within the control of the applicant for the permit, the applicant cannot commence the work for which the permit was issued or the applicant must suspend work under the permit or must redo work previously done, then the period in which such work must commence or be completed shall be extended by a period equal to the period: (4) When the applicant cannot commence work; (5) For which the applicant must suspend work; or (6) Is required to redo work previously done, as a result of the occurrence of one or more of the foregoing causes or events. (b) The administrative officer having jurisdiction shall revoke a permit or approval issued under the provisions of this Building Code if there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based or whenever any permit or approval has been issued in error and conditions are such that a permit or approval should not have been issued. (c) This section shall apply to all building permits hereafter issued, whether issued pursuant to application heretobefore or hereafter filed. (Ord Passed )

21 23 Permits and Inspections EXCEPTIONS FOR MINOR REPAIRS. Permits shall not be required for minor repairs, as long as they do not involve the electrical, plumbing, mechanical system, or structural parts or members of the building or structure. Normal required maintenance shall be considered as minor repairs. No exceptions to the permit requirement shall be made for fences, sheds, yard structures, stairways, elevators, fire escapes or other means of ingress or egress, or changes in light or ventilation. All repairs or alterations shall comply with this Building Code and all other applicable codes. (Ord Passed ) TIME DELAY BETWEEN APPLICATION AND ISSUANCE. (EDITOR S NOTE: Former Section was repealed by Ordinance , passed June 5, 2003.) POSTING PERMIT APPLICATION SIGN. (EDITOR S NOTE: Former Section was repealed by Ordinance , passed June 5, 2003.) EVIDENCE OF OWNERSHIP REQUIRED. (EDITOR S NOTE: Former Section was repealed by Ordinance , passed June 5, 2003.) TEMPORARY STRUCTURES. Temporary offices, storage, signs and other structures of contractors shall be permitted in any district, if such uses are deemed necessary by the Director of Inspections to the development of the premises and provided a building permit has been obtained for the principal work. The structures may be erected within the limits of lots whereon buildings are in the course of erection or on adjoining vacant lots. The sanitary regulations for such structures shall be as prescribed by the Director of Inspections. Such structures shall be removed within thirty days after completion of work on the premises or if construction is not pursued diligently as determined by the Director PLAN APPROVAL; POSTING AND FILE COPIES. When the application, plans and specifications conform to the requirements of this Building Code, the Director of Inspections is hereby authorized to place his official stamp thereon and return such application, plans and specifications to the applicant. A copy of such plans and specifications properly stamped shall be kept on the building or work premises until the work has been completed. A copy of such plans and specifications shall be filed with the Director who will retain the same until after completion of the work, and until his approval of the work as having been constructed according to such plans and specifications has been given. (Ord Passed )

22 BUILDING CODE ALTERATION OR ERASURE OF PLANS; WORK DEVIATION. No person shall erase, alter or modify any lines, figures or coloring contained upon any plans, drawings or specifications filed with the Department of Buildings, Structures and Inspections. If during the progress of the execution of such work it is desired to deviate in any manner which affects the construction or other essentials of the building, from the terms of the application, plans or specifications, application for another building permit shall be made pursuant to Section of the Zoning Code WORK COMPLETION; RETURN OF PLANS. Plans and specifications will be returned to the owner or his authorized agent if a request is made within thirty days after completion of the work. If a request is not made, they may be destroyed by the Director of Inspections. (Ord Passed ) BOND REQUIRED. Before any permit for building, repairing or moving any building along any route is issued, the applicant shall furnish a bond satisfactory to the Director of Inspections providing for the payment of any damages which may happen to any tree, pavement, street or sidewalk or to any utility fixture, pole or wire, for which the City may be held responsible to repair, whether the damage shall be inflicted by such person or his agents, employees or workmen. Such person shall hold the City harmless against any liabilities, judgments, damages, costs and expenses which may accrue against the City in consequence of the granting of such permit or the performance of any work thereunder. (Ord Passed ) PENALTY. Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed on each day such violation continues.

23 25 CHAPTER 1315 Fees for Permits and Inspections Fee determination and Sign fees. collection Failure to obtain permit Building construction, before work. addition or alteration fees Additional fee for Obstruction, excavation and inspections during nondriveway fees. regular hours Heating, air conditioning Satellite transmitting/receiving and incineration fees. dish fees Plumbing fees Recreational court fees Electrical fees Fire protection systems. CROSS REFERENCES Gas and oil well permit fee - see BUS. REG Street excavation, curb cut permit fee - see S.U. & P.S Sidewalk permit fee - see S.U. & P.S Platting fees - see PLAN. & PLAT Certificate of occupancy fees - see ZON Fee for drainage changes - see BLDG FEE DETERMINATION AND COLLECTION. The permit or inspection fees set forth in this chapter shall be as set forth herein. For inspections for which no fee is hereafter prescribed, payment shall be made for the time actually consumed in such inspection at the rate of fifty dollars ($50.00) per hour. It shall be computed from the time of arrival at the place where the work is to be inspected to the time of departure therefrom. Such fees shall be collected by the Director of Finance. (Ord Passed ) BUILDING CONSTRUCTION, ADDITION OR ALTERATION FEES. (a) All new buildings or structures or additions in residential one, two and three family dwellings: (1) One-family dwellings base fee $ (2) Two and three-family dwellings, per dwelling unit base fee 75.00

24 BUILDING CODE 26 (3) Also, all new construction in residential one, two and three family dwellings to pay a usable floor area fee, per square foot in all stories including basement and garage areas $.05 (b) (c) (d) (e) Residential buildings, one, two and three family dwellings, alterations and/or repairs: (1) Initial fee (2) Also, all affected usable floor area fee, per square foot in all stories.02 Residential buildings, accessory detached: (1) Garages and stables: A. Initial fee B. Also, per square foot of floor area.02 (2) Utility building, exclusive of any utilities - initial fee (3) Fence Buildings or structures, and additions as regulated by OBC: (1) Base fee per permit (2) Also, per square foot of floor area (single tenant).075 (3) Shell construction only per sq. ft. (multiple tenant).0375 (4) Tenant buildout in new construction per sq. ft Business or industrial building, alterations, repairs, or tenant change as regulated by OBC: (1) Initial fee (2) Also, per square foot of floor area affected.0375 (f) Greenhouse, private, not in excess of 260 square feet (g) Greenhouse in excess of 260 square feet: (1) Initial fee (2) Also, for each square foot of floor surface or fraction thereof.025 (3) Quonset hut-type structure with utilities - initial fee Also, for each square foot of floor surface.025

25 27 Fees for Permits and Inspections (h) (i) (j) (k) (l) Storage tanks, not including septic tanks: Gallon Capacity (1) 2,000 or less $ (2) 2,001 through 12, (3) 12,001 through 20, (4) 20,001 through 50, (5) 50,001 through 100, (6) Over 100, Swimming pool fees: (1) Above-ground pools 48" deep and over and spas (2) Inground swimming pool or any other artificially created body of water Temporary structures (1) Initial fee (2) Each additional structure Examination of plans by Board of Building Appeals: Except for appeals under Chapter 1317, the following fees shall be charged when it is necessary for the Board of Building Appeals to review plans, types of material or construction or other areas within their jurisdiction and are in addition to any other permit fee set forth in this chapter: (1) For one-family, two or three-family dwellings (2) For other buildings (3) Mailing fee/letters and public notices (4) Property maintenance appeal (5) For additions to any buildings: A. Minimum fee B. For each square foot of usable floor area, calculated from outside measurements.025 Fees for examination of plans and specifications by Building Department and/or City Architect: The following fees shall be charged in addition to any other fees set forth in this chapter: (1) New construction including additions: A. 1. One, two and three-family dwellings For each square foot of gross floor area Accessory structures or appurtenances thereto (sheds, decks, patios, etc.) 5.00 B. 1. Four units or more, multiple-family, office, commercial, industrial and/or all construction governed by the OBC

26 BUILDING CODE For each square foot of gross floor area $.09 Shell construction only per sq. ft..045 Tenant build out in new construction per sq. ft..045 (2) Alterations, repairs or change of use. A. 1. One, two and three-family dwellings For each square foot of gross floor area affected Accessory structures or appurtenances thereto 5.00 B. 1. Four units or more, multiple-family, office, commercial, industrial and/or all construction governed by the OBC For each sq. ft.of the actual area affected by the alteration or change of occupancy which may extend beyond the limits of constructions.045 (3) Automatic Fire Suppression Systems A. Four units or more, multiple-family, office, commercial, industrial and/or all construction governed by the OBC B. For each square foot of the actual area affected by the construction, alteration, or change of occupancy which may extend beyond the limits of construction.050 (4) Fire Alarm Systems. A. Four units or more, multiple-family, office, commercial, industrial and/or all construction governed by the OBC B. Also, per device 5.00 (5) Kitchen Exhaust Hoods and Related Fire Suppression Systems as governed by the OBC, per hour (6) Fees in subsections (l)(1) and (2) hereof are for the first examination of plans including addendums to the approval or the correction letter. Should a resubmission of plans be required, the fee for re-examination shall be based on an hourly rate or portion thereof (7) The fee for preliminary plan examination, if requested in writing by the applicant, shall be based on an hourly rate or portion thereof (8) Landscaping fees: Addition to or replacement of existing landscaping: Residential (per lot) 5.00 Commercial, industrial per lot or occupant (9) Additional penalty fees: A. Where work is begun without first obtaining a permit and paying the fee as indicated above, the applicant for a permit shall be charged a fee of triple the amount of the fee indicated in this section

27 29 Fees for Permits and Inspections B. Reinspection of same item C. Inspection call and appearance of inspector on property and work not ready D. Work covered without inspection (Ord Passed ; Ord Passed ; Ord Passed ) OBSTRUCTION, EXCAVATION AND DRIVEWAY FEES. (a) Deposit on, obstruction of or damage to street areas during construction: (1) Deposit of cash, or bond in lieu thereof, acceptable to the Director of Inspections: A. New house work, per sublot $ B. All deposits subject to increases if nature of work warrants or if damage during construction exceeds deposit. This includes damage to sidewalks, driveways, road ditches, culverts, curbing and sewers. (2) Fee deducted for two regular inspections (3) Fee deducted for each additional inspection requested by owner or made necessary by incomplete work (4) Deposits and fees for tree lawn opening, street opening, etc., shall be as provided in Section et seq (b) (c) Deposit when hauling excavation material over streets: Deposit of cash, or bond in lieu thereof, acceptable to the Director of Inspections: (1) Amount of deposit (2) Deduction for two regular inspections (3) Deduction for any extra inspections 5.00 (Ord Passed ) Additional penalty fees: (1) Where work is begun without first obtaining a permit and paying the fee as indicated above, the applicant for a permit shall be charged a fee of triple the amount of the fee indicated in this section. (2) Reinspection of same item (3) Inspection call and appearance of inspector on property and work not ready (4) Work covered without inspection (Ord Passed ) HEATING, AIR CONDITIONING AND INCINERATION FEES. The fees as hereinafter listed shall be the fee for the required permit and shall include the cost of inspection. (a) All new buildings or structures or additions, for each contractor (1) Initial base fee commercial $ (2) Initial base fee residential (3) Per square foot of floor area (single tenant and new residential).045

28 BUILDING CODE 30 (b) (c) (d) (4) Shell construction only, per sq. ft. (multiple tenant).0225 (5) Each tenant buildout space in new construction per sq. ft (Ord Passed ) Alterations or replacements to existing heating and/or air conditioning systems (1) Base fee commercial (2) Base fee residential (3) Furnace replacement (4) Air conditioning replacement (5) Furnace and air conditioning replacement, including rooftop units (6) Relocate air duct, each 2.00 (7) Each additional duct work/base board 2.00 (8) Kitchen hood 5.00 (9) Exhaust fan $ 5.00 (10) Space heaters, pool heaters, gas 5.00 (11) Fireplace (12) Boiler (Ord Passed ) Incinerators: Interior - residential 5.00 Built-in - residential Commercial or industrial (Ord Passed ) Additional penalty fees: (1) Where work is begun without first obtaining a permit and paying the fee as indicated above, the applicant for a permit shall be charged a fee of triple the amount of the fee indicated in this section. (2) Reinspection of same item (3) Inspection call and appearance of inspector on property and work not ready (4) Work covered without inspection (Ord Passed ) PLUMBING FEES. The fees as hereinafter listed shall be the fee for the required permit and shall include the cost of inspection unless an additional inspection fee is specified. (a) All new buildings or structures or additions for each contractor. (1) Base fee commercial $ (2) Base fee residential (3) Per sq. ft. of floor area with single tenant and new residential.045 (4) Shell construction only per sq. ft. multiple tenant.0225 (5) Each tenant buildout space in new construction per sq. ft (6) Per foot of sewer piping.10 (Ord Passed ) (b) New exterior streetscape construction, commercial. (1) Base fee