(A)

The building code adopted by this chapter may be referred to as the Unified Building Code. It shall consist of the following:

(1)

All of the provisions of the Ohio Building Code, including all amendments hereafter adopted by the State of Ohio, and all rules and regulations now and hereafter adopted pursuant to state law are hereby adopted, and are incorporated as fully as if they were re-written herein;

(2)

Except as modified by § 153.03, all of the provisions of the 1999 Ohio Residential Code For One, Two, and Three Family Dwellings, including all amendments effective as of the date of adoption of this chapter, are hereby adopted to govern all one, two and three family dwellings and are hereby incorporated as fully as if they were re-written herein;

(3)

All of the additional provisions to the Ohio Building Code, which are adopted in § 153.02;

(4)

All of the modifications to the 1999 Ohio Residential Code For One, Two, and Three Family Dwellings, which are in § 153.03; and

(5)

All of the general provisions of the Unified Building Code, which are contained in §§ 153.04 through 153.99, and which shall be deemed to apply to each and every structure governed by both the Ohio Building Code, and to the additional provisions enacted in § 153.02, and to the 1999 Ohio Residential Code For One, Two, and Three Family Dwellings, as adopted by this section and modified in § 153.03 herein.

(B)

A copy of the Ohio Building Code and the 1999 Ohio Residential Code for One, Two, and Three Family Dwellings shall be kept on file in the office of the Clerk of the Commission in conformity with Revised Code § 731.231.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30111-02, passed 6-5-02)

For those buildings subject to the Ohio Building Code, the following additional provisions shall apply:

(A)

Parking lots.

(1)

General. Except where otherwise provided by zoning or other applicable laws, parking lots, spaces, or areas containing three or more vehicles shall conform to the requirements of this section;

(2)

Curb Cuts. Parking lots shall be arranged to afford ready means of entrance and exit at sidewalk level, and special permits shall be secured for curb cuts from the administrative authorities;

(3)

Protection of Adjoining Property. A substantial bumper of masonry, steel, or heavy timber shall be placed near all interior lot lines to protect structures and property abutting the parking lot; and

(4)

Surface and Drainage. Parking lots shall be graded with rolled or compacted durable gravel or crushed stone base and provided with a hard surface of bituminous asphalt or concrete. Surfaces shall be maintained dust free and at slopes to prevent drainage onto adjoining property or the public sidewalk, or the accumulation of water on the lot. Approved drains shall be provided to drain water to the nearest storm drain or other approved source.

(B)

Board of Building Appeals.

(1)

Creation. As provided in the Ohio Building Code, there is hereby created the Dayton Board of Building Appeals, hereinafter referred to as the Board, to hear and decide appeals from adjudication orders issued pursuant to Revised Code § 3781.031 and concerning the enforcement of Ohio Revised Code Chapters 3781 and 3791 and any rules adopted pursuant thereto, and to hear and decide appeals relating to §§ 153.01(A)(1), 153.02 and 153.04 through 153.99.

(2)

Membership of the Board. The City Commission shall appoint five members to the board pursuant to the Ohio Building Code.

(3)

Alternate Members. The City Commission shall appoint two alternate members, who shall be called by the secretary of the board to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for five years, or until a successor has been appointed.

(4)

Disqualification of Member. A member shall not hear an appeal in which that member has a personal, professional, or financial interest.

(5)

Records. The board shall keep a full and complete record of all of its proceedings, and these records shall be open to public inspection during normal business hours.

(6)

Adjudication Hearing. The board shall hear and decide the adjudication hearing pursuant to the Ohio Building Code.

(Ord. 29119-95, passed 11-22-95; Am. Ord. passed 6-5-02)

The following provisions replace Chapter One of the 1999 Ohio Residential Code for One, Two, and Three Family Dwellings in their entirety:

CHAPTER 1

SECTION 101 TITLE

101.1 Title. These provisions shall be known as the Ohio Residential Code for One, Two, and Three Family Dwellings, shall be cited as such, and shall be referred to in Sections 101 through 119 as "this code."

SECTION 102 PURPOSE

102.1 Minimum standards. The purpose of this code is to provide minimum standards for the protection of life, limb, health, property, environment and for the safety and welfare of the consumer, general public, and the owners and occupants of residential buildings regulated by this code.

SECTION 103 SCOPE

103.1 Application. The provisions of this code apply to the construction, addition, prefabrication, alteration, repair, use, occupancy and maintenance of detached one, two, and three family dwellings and one-family townhouses not more than three stories in height, and their accessory structures.

SECTION 104 AUTHORITY

104.1 General. The building official is hereby authorized and directed to administer and enforce all of the provisions of this code.

104.2 Referenced standards. The standards referenced in this code and listed in Chapter 49 shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply.

SECTION 105 ENTRY

105.1 Authority to enter. Upon presentation of proper credentials, the building official or his or her duly authorized representatives shall be permitted to enter at reasonable times any building, structure or premises in the jurisdiction to perform any duty imposed upon the building official by this code, or whenever there is reasonable cause to believe that there exists in the building or premises a violation or condition which is unsafe, dangerous or hazardous. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

SECTION 106 VIOLATIONS, PENALTIES, AND ADJUDICATION ORDERS

106.1 Unlawful action. It shall be unlawful for any person, partnership, joint venture, firm or corporation, whether as owner, lessee, sublessee or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any one two, or three family dwelling in the jurisdiction or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code.

106.2 Violations. It is hereby declared that any violation of this code constitutes a public nuisance, and in addition to any other remedies provided by this code for its enforcement, the jurisdiction shall be permitted to bring civil suit to enjoin the violation of any of the provisions of this code.

106.3 Partial invalidity. If for any reason any one or more sections, sentence clauses or parts of this code are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions.

106.4 Penalty. Any person, partnership, joint venture, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine, or by imprisonment, or by both such fine and imprisonment as established by local applicable laws.

106.5 Adjudication order, required before legal proceedings. Before any department or agency of the city attempts to enforce this code, by any remedy, civil, or criminal, it shall issue an adjudication order. Such orders shall be prepared and executed in accordance with the Ohio Building Code.

SECTION 107 RIGHT OF APPEAL

107.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The building official shall act as secretary to the board, but shall have no vote on any matter before the board. The Board of Appeals shall be appointed by either the Montgomery County Board of Commissioners or the Greene County Board of Commissioners, as applicable, and shall hold office at their pleasure. The board shall adopt rules of procedure for conducting its business and shall render its decisions and findings in writing to the appellant with a duplicate copy to the building official.

107.2 Limitations of Authority. The Board of Appeals shall have no authority relative to interpretations of Chapter 1, the administrative provisions of this code, nor shall the board be empowered to waive requirements of this code.

107.2.1 Residential Board of Appeals. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be Boards of Appeals established by the Montgomery County Commission and the Greene County Commission to hear all appeals of each jurisdiction adopting this Code, including the City of Dayton, within each respective county, in accordance with Sections 107.2 through 107.10.

107.2.2 Board. Upon adoption of this code by the Greene County Commission or the Montgomery County Commission, there is hereby created a Residential Board of Appeals in that county, hereinafter referred to as "the Board". The Greene County Board shall have the power to adopt and promulgate rules and regulations interpreting the provisions of this Code and the Flood Damage Prevention Regulation (see Part Nine of the Greene County amendments to the Code). The Montgomery County Board shall have the power to adopt and promulgate rules and regulations interpreting the provisions of this Code and the Southwest Ohio Fire Safety Council's Unified Fire Code.

107.3 Qualifications of Members. The Board shall consist of five (5) members as follows:

1. One fire official;

2. One builder;

3. One architect or engineer, registered as such in Ohio;

4. One attorney, licensed to practice in Ohio; and

5. One building official.

Each member shall be appointed by the appropriate county commission for a term of five (5) years, or until his successor is appointed, except that appointments to fill vacancies arising in mid-term shall be only for the unexpired portion of such terms.

107.3.1 Nomination Sources. In Montgomery County the following organizations shall provide nominations for that county's board. The fire official shall be nominated by the Southwest Ohio Fire Safety Council. The builder shall be nominated by the Home Builders' Association of Dayton and the Miami Valley. The architect or engineer shall be nominated by the City of Dayton, the City of Kettering, or Montgomery County, in turn, by alphabetical order. The attorney shall be nominated to Montgomery County's Board by the other jurisdictions within Montgomery County which have adopted this Code, in turn, by alphabetical order. The building official shall be nominated by the Miami Valley Building Officials' Council. Members of both Boards shall have a minimum of six years of building design, construction, or inspection experience, except the attorney, who shall have six years legal experience.

107.4 Chairman and Secretary. The Board shall appoint one of its members to serve as its Chairman, and one as Vice-Chairman. The Board shall appoint a person to act as secretary for the Board who shall keep a detailed record of all Board proceedings. In Montgomery County the terms of service by the Chairman, Vice-Chairman, and Secretary shall be renewable in one year. The Secretary need not be a member of the Board.

107.5 Disqualification. No member of the Board shall discuss or pass judgement on any question involving work on which he or his employer is or has been engaged or involved as a contractor or material dealer or superintendent, or for which he or his employer has prepared plans or specifications, or in which he has any personal or financial interest.

107.6 Meetings. The Board shall meet within thirty (30) days after the filing of any appeal or request for action with the Secretary of the Board, and also periodically if the volume of its work so warrants. In Montgomery County the Secretary shall be responsible for scheduling meetings, notifying the Board Members of such meetings and for giving the required public notices for meetings.

107.7 Representation. Each appellant or applicant, the building official, and any other person whose interests may be affected by an appeal or application, shall be given a fair opportunity to be heard orally, in person or by counsel, and to present written evidence to the Board.

107.8 Application for Appeal or Action. Any person adversely affected may apply for an appeal from the decision of a building official refusing to grant a permit, or to permit the use of a particular material and/or equipment or method of construction in a proposed structure, provided such appeal is filed with the Board within thirty (30) days of date of receipt of the written decision from such building official. The appeal application must include pertinent information and payment of fees.

The appeal shall be based on one or both of the following grounds, stated in the application, to wit:

A. That the decision of the building official is erroneous or constitutes an erroneous application of the particular provisions of the code or related laws and ordinances involved or is otherwise contrary to law.

B. That a modified application or alternative arrangement is available and feasible whereby the strict application of a particular provision or provisions may be modified with alternatives without defeating the public safety, health, and general welfare or the purpose of the code described in Section 102 above. Also see Section 326.

A hearing shall be held within a reasonable time not to exceed thirty (30) days following receipt of the appeals application by the Secretary of the Board. The Board shall provide the appellant with written notice of its determination within thirty (30) days after the hearing.

107.8.1 Fee for Appeal or Action. In Montgomery County each application to that Board from an action of a building official shall be accompanied by fee of $100.00. Fees shall be deposited in accordance with applicable laws and shall be used to defray the normal expenses of the Board including the payment for the Secretary, payment for the preparation of transcript of hearings by a court reporter when deemed necessary, or such other similar expenses as the Board may authorize. The Secretary or the Board may provide for the presence of a court reporter at a hearing at the Secretary's discretion or at the discretion of the Board. The Appellant may require the presence of a court reporter at a hearing by giving notice to the Secretary to that effect at the time of filing the application for appeal.

107.8.2 Delegation of Test. In Montgomery County the building official shall, when he deems it desirable, request the Chairman to designate members of the Board to make an investigation into the facts and ramifications of an appeal and to make a report of findings to the Board. In this event, the decision of the Board may be postponed to a later date, within the discretion of the board, not to exceed sixty (60) days after the hearing at which such investigation was requested.

107.9 Quorum. A majority of the members of the Board shall constitute a quorum. A majority of the quorum shall be necessary to make a decision on an appeal, modification, deviation or an approved rule.

107.10 Re-hearing. The Board shall, upon application of either the appellant or the building official, grant re-hearing before the Board in any case where new evidence is presented which, in the opinion of the Chairman, may justify such re-hearing. Such re-hearing shall not serve to stop execution of the previous decision of the Board.

SECTION 108 ALTERNATE MATERIALS AND SYSTEMS
(Deleted - See Section 326)

SECTION 109 MODIFICATIONS

109.1 Practical difficulties. When there are practical difficulties involved in carrying out the provisions of this code, the building official shall be permitted to grant modifications for individual cases. The building official shall first find that a special individual reason makes the strict letter of this code impractical and that the modification is in conformity with the intent and purpose of this code and that such modification does not lessen health, life safety and fire safety requirements. The details of actions granting modifications shall be recorded and entered in the office of the city's building official.

SECTION 110 LIABILITY
(Deleted)

SECTION 111 PERMIT
(Deleted)

SECTION 112 PLANS

112.1 Plans required. When required by the building official, plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. Plans shall include a plot plan drawn to scale showing the location of all easements, drainage facilities, adjacent grades, property lines, the proposed building and of every existing building on the property. Plans shall also include the foundation plans, floor plans, all elevations, sections, structural elements and details to adequately describe the work and the location and use. The name, address, and telephone number of the person preparing the plans shall appear on the plans. The design loads shall be clearly indicated on the plans.

112.2 Plans on job required. When required by the building official, a copy of approved plans shall be kept on the site of the building or work at the time of inspection.

SECTION 113 INSPECTION

113.1 Types of inspections. For on-site construction, from time to time the building official, upon notification from the permit holder or his agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with this code.

113.1.1 Foundation inspection. Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and forms erected and any required reinforcing steel is in place and prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of load-bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations.

113.1.2 Plumbing, mechanical and electrical inspection. Rough inspection of plumbing, mechanical and electrical systems shall be made prior to covering or concealment, before fixtures are set, and prior to framing inspection.

113.1.3 Frame and masonry inspection. Inspection of framing and masonry construction shall be made after the roof, masonry, all framing, fireblocking, draftstopping and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved.

113.1.4 Other inspections. In addition to the called inspections above, the building official shall be permitted to make or require any other inspections to ascertain compliance with this code and other laws enforced by the building official.

113.1.4.1 Fire-resistive construction inspection. Where fire-resistive construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after all lathing and/or gypsum board is in place, but before any plaster is applied, or before gypsum board joints and fasteners are taped and finished.

113.1.5 Final inspection. Final inspection shall be made after the building is complete and ready for occupancy.

113.2 Occupancy Approval. Occupancy is prohibited prior to a final inspection and approval.

113.2.1 New buildings. A dwelling unit hereafter erected shall not be used or occupied in whole or in part until the certificate of occupancy has been issued by the building official.

113.2.2 Additions, alterations, accessory buildings. A dwelling unit hereafter added to or altered, and residential accessory buildings shall not be used or occupied, in whole or in part until a final inspection is approved, except that any use or occupancy which was not discontinued during the work of alteration shall require a final inspection and approval within 30 days of the completion of the alteration.

113.2.3 Temporary occupancy. Upon the request of the holder of a permit, the building official may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed, provided such portion or portions may be occupied safely prior to full completion of the building or structure without endangering life or public welfare. Temporary occupancy approval shall be valid for a time period determined by the building official. Using or occupying a structure after a temporary certificate of occupancy has expired, and without obtaining final occupancy approval, shall be a violation of this code.

SECTION 114 PREFABRICATED CONSTRUCTION

114.1 General. A certificate of approval by an approved agency shall be furnished with every prefabricated assembly, except where all elements of the assembly are readily accessible to inspection at the site. Placement of prefabricated assemblies at the building site shall be inspected by the building official to determine compliance with this code, and a final inspection shall be provided in accordance with Section 113.1.5.

NOTE: Provisions for foundation systems and building service equipment connections necessary to provide for the installation of new manufactured homes on privately owned (non-rental) lots and existing manufactured homes to which additions, alterations or repairs are made are contained in Appendix A and shall be enforced only when specifically adopted by the jurisdiction.

SECTION 115 SWIMMING POOLS, SPAS AND HOT TUBS

115.1 General. The provisions of this Section shall apply to swimming pools, spas and hot tubs installed in or on the lot of a one, two and three family dwelling.

115.2 Definitions. For the purposes of these requirements, the terms used shall be defined as follows and as set forth in Chapter 2.

Above-ground/on-ground pool. See "swimming pool."

Barrier. A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.

Hot tub. See "swimming pool."

In-ground pool. See "swimming pool."

Spa, nonportable. See "swimming pool."

Spa, portable. A nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product.

Swimming pool. Any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.

Swimming pool, indoor. A swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure.

Swimming pool, outdoor. Any swimming pool which is not an indoor pool.

115.3 Barrier requirements. The provisions of this Section shall control the design of barriers for residential swimming pools, spas and hot tubs. These design controls are intended to provide protection against potential drownings and near-drownings by restricting access to swimming pools, spas and hot tubs.

115.4 Outdoor swimming pool. An outdoor swimming pool, including an in-ground, above-ground or on-ground pool, hot tub or spa, shall be provided with a barrier which shall comply with the following:

1. The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier shall be permitted to be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm).

2. Openings in the barrier shall not allow passage of a 4 inch diameter (102 mm) sphere.

3. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3 / 4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3 / 4 inches (44 mm) in width.

5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3 / 4 inches (44 mm) in width.

6. Maximum mesh size for chain link fences shall be a 1 1 / 4 inches (32 mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1 3 / 4 inches (44 mm).

7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1 3 / 4 inches (44 mm).

8. Access gates shall comply with the requirements of Items I through 7 of this Section, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the gate, the release mechanism and openings shall comply with the following:

8.1 The release mechanism shall be located on the pool side of the gate at least 3 inches (76 mm) below the top of the gate; and

8.2 The gate and barrier shall have no opening greater than 1 / 2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.

9. Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then:

9.1. The ladder or steps shall be capable of being secured, locked or removed to prevent access; or

9.2. The ladder or steps shall be surrounded by a barrier which meets the requirements of items 1 through 9 of this Section. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4 inch-diameter (102 mm) sphere.

115.5 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.

115.6 Barrier exceptions. A swimming pool with a power safety cover or a spa and hot tub with a safety cover that complies with ASTM F1346-91 shall be exempt from the provisions of this Section.

SECTION 116 INSPECTION CARD

116.1 Record required. The permit holder or his agent shall post the inspection record on the job site in an accessible and conspicuous place to allow the building official to make the required entries. The record shall be maintained by the permit holder until the final inspection has been made and approved.

SECTION 117 EXISTING STRUCTURES

117.1 Continuations of existing use. Buildings and structures in existence at the time of the adoption of this code shall be permitted to have their existing use continued if such use was legal at the time of adoption of this code, provided such continued use is not dangerous to life.

117.2 Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to that required of a new structure without requiring the existing structure to comply with all of the requirements of this code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building. Any building plus new additions shall not exceed the height in stories specified for new buildings in Section 103.

117.2.1 Structural and fire-resistance rated limits. Alterations or repairs to an existing structure which are structural or adversely affect any structural member or any part of the structure having a required fire-resistance rating shall be made with materials required for a new structure.

117.3 Unsafe buildings. Where a building is found to be a serious hazard, such hazard shall be eliminated or the building shall be vacated, and where such building, when vacated, remains a serious hazard, it shall be razed. Where the building official finds that a building is a serious hazard and the owner of such building fails, in the time specified in a written notice from the building official, to eliminate such hazard, or to vacate or raze the building, the building official shall proceed under Section 106.5 of this code and Section 3781.15 of the Ohio Revised Code.

117.4 Historic residential buildings, scope. The provisions of sections 117.4.1 and 117.4.2 shall apply to one, two and three family dwellings and their accessory structures located in historic districts shown on the official zoning map of the City of Dayton or listed on the local or National Register of Historic Places.

117.4.1 Compliance. Where the building official determines that plans for construction, repair, alteration and restoration of a dwelling or accessory structure are not in compliance with this code, the dwelling or accessory structure's owner may make a request for a waiver of compliance from the Technical Review Committee. The request shall be in writing on a form provided by the Department of Building Services. The owner shall specifically state the relief sought and the reasons for the request. The Technical Review Committee may grant a waiver where the majority of the Technical Review Committee determines that the planned construction, repair, alteration or restoration does not constitute a distinct life safety hazard.

117.4.2 Technical Review Committee. The Technical Review Committee shall consist of the Directors of the Department of Building Services, Planning and Community Development and Fire or their designees.

SECTION 118 STOP WORK ORDERS

118.1 General. Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the specific violations and the conditions under which work shall be permitted to be resumed. The building official may post the notice on the job site. It shall not be obscured, defaced, or removed. Only the building official may remove it. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work.

SECTION 119 ENERGY CONSERVATION

119.1 General. Provisions for energy conservation are the same as those contained in the Ohio Building Code.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30111-02, passed 6-5-02)

Sections 153.04 to 153.99, inclusive, shall apply to both the Ohio Building Code and the 1999 Ohio Residential Code for One, Two and Three Family Dwellings as adopted by Section 153.01. Further, such Sections shall be controlling when in conflict with any of the adopted provisions of the Ohio Building Code or the 1999 Ohio Residential Code for One, Two and Three Family Dwellings.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30111-02, passed 6-5-02)

Unless otherwise expressly stated, the following words and terms shall, for the purposes of the Unified Building Code, have the meanings shown in this section:

Approved. Approved by the building official or other authority having jurisdiction.

Building permit. See permit .

Building Official. The director of building services, or designee, and any other person designated by the City Manager and charged with the administration and enforcement of this code and approved by the Board of Building Standards.

Chief Building Official. See Building Official.

Code Official. See Building Official .

Jurisdiction. Means and includes the City of Dayton, Ohio.

OBC. The abbreviation for the "Ohio Building Code."

Ohio Administrative Code. See Administrative Code.

Ohio Residential Code. The 1999 Ohio Residential Code for One, Two and Three Family Dwellings as adopted and modified by R.C.G.O. §§ 153.02 and 153.03.

Permit. An official document or certificate issued by the building official which authorizes the performance of a specific activity regulated by this code. Before any such document or certificate can be issued approval must first be granted by the building official and any other authority having jurisdiction.

Revised Code. All statutes of a permanent and general nature of this State as revised and consolidated into general provisions, titles, chapters, and sections.

Technically Infeasible. An alteration of a building or facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.

This Code. Means, as applicable, the Ohio Building Code and the 1999 Ohio Residential Code for One, Two and Three Family Dwellings, as adopted in the Unified Building Code.

UBC. The abbreviation for the "Unified Building Code."

UFC. The abbreviation for the "Unified Fire Code".

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30111-02, passed 6-5-02)

(A)

Duties and powers. The Building Official is authorized to enforce all the provisions of this Code and to act on any questions relative to the mode or manner of construction and the materials to be used in the erection, addition to, alteration, repair, removal, demolition, installation of service equipment, and the location, use, occupancy, and maintenance of all buildings and structures, except as may otherwise be specifically provided for by statutory requirements or as provided in this section.

(B)

Deputy. The Building Official may designate another as his deputy, who shall exercise all the powers of the Building Official during the absence, unavailability or disqualification of the Building Official.

(C)

Applications and permits. The Building Official shall receive applications and issue permits for the erection and alteration of buildings and structures and inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Code.

(D)

Building notices and orders. The Building Official shall issue all necessary notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction, to require adequate exit way facilities in existing buildings and structures, and to insure compliance with all the code requirements for the safety, health, and general welfare of the public.

(E)

Inspections. The Building Official shall make all the required inspections, or may accept reports of inspection by authoritative and recognized services or individuals; and all reports of such inspections shall be in writing and certified by a responsible officer of such authoritative service or by the responsible individual; or may engage such expert opinion as may be deemed necessary to report upon unusual technical issues that may arise, subject to the approval of the Building Official.

(F)

Rule making authority. The Building Official shall have such power as may be necessary in the interest of public safety, health and general welfare, to adopt and promulgate rules and regulations, to interpret and implement the provisions of this Code, to secure the intent thereof, and to designate requirements applicable because of local climatic or other conditions, but such rules shall not have the effect of waiving working stresses or fire-resistive requirements specifically provided in this Code or violating accepted engineering practice involving public safety.

(G)

Division records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records so long as the building or structure to which they relate remains in existence unless otherwise provided by other regulations.

(Ord. 29119-95, passed 11-22-95)

It shall be unlawful to construct, alter, remove, or demolish any building or structure, or part thereof, or change the use or occupancy thereof, or to install or alter any equipment for which provision is made or the installation of which is regulated by this code, without the owner or the owner's agent first filing an application with the building official in writing and obtaining the required permit therefor, except for work exempt from approval, as defined in the OBC, which does not involve any violation of the UBC, shall be exempt from this provision. Except as specifically otherwise authorized, application for a permit for any work requiring a permit shall be submitted to and approved by the building official before any contract for installation or construction of the proposed work has been awarded, unless such award is made contingent on the approval and issuance of the permit.

(A)

Home Owners Exception. The provisions of this section shall not be interpreted to require that the owner of a single-family dwelling shall be licensed to personally perform work for the premises occupied or to be occupied by the owner thereof on such owner's established residence. All such work shall be done in conformity with the provisions of this Code and rules or regulations promulgated thereunder and no work shall be done unless all permits, inspections, and approvals required by this Code are secured.

(B)

Permit Application. Application for a permit shall be submitted in such form as the building official may prescribe.

(C)

Acting on Applications. The building official shall examine or cause to be examined all applications for permits and amendments thereto. If the application or the plans do not conform to the requirements of all pertinent laws, he shall reject such application in writing, stating the reasons therefor. If he is satisfied that the proposed work conforms to the requirements of this Code and all applicable laws and ordinances, he shall issue a permit as soon as practicable. All applications for permits shall be dated on receipt by the building official and examined in order of their receipt, and no application shall be acted on out of its regular order unless the work involved is of a complex character which requires prolonged examination.

(D)

Time Limit of Application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been diligently prosecuted or a permit has been issued; except that the building official may grant one or more extensions of time for additional periods not exceeding 90 days each, if there is reasonable cause.

(E)

Construction Documents. When a permit is required, construction documents shall be filed with the building official. The construction documents shall conform to the requirements set forth in the OBC. The building official may waive the requirement for filing plans when, in the opinion of the building official, the work involved is of a minor nature.

(F)

Alterations and Erasures. It shall be unlawful to erase, alter, or modify any lines, figures, coloring, written or printed matter contained on any drawing or in any specifications or statement filed with the building official after it has been approved by him except as follows:

If during the progress of the execution of the work or prior thereto, and subject to the limitations of § 153.10 it is desired to deviate in any manner affecting the construction or other essential or vital feature of the work from the terms of the application, plans, specifications, or statement, notice of such intention to alter or deviate shall be given in writing to the building official and his written consent shall be obtained before such alteration or deviation may be made. If such change or deviation affects the bearing or structural parts of such work or its class of occupancy, new plans and specifications therefor shall be submitted for approval. Notices of alterations and approvals thereof shall be filed with the original application for permit.

(G)

Imperfect Application, Drawings, Specifications, or Statement. If the application for a permit or the drawings, specifications, details, or statement accompanying the application indicate to the building official that the work to be done is not clearly or specifically defined or dimensioned or is imperfect, or is not in all respects in accordance with the provisions of this code, he shall refuse to issue a permit until such application, drawings, specifications, details, and statement shall have been made to conform in every respect with the requirements thereof. All drawings which are not completely dimensioned or which are illegible shall be deemed incomplete.

(H)

Plans, Approved. The building official shall stamp or endorse in writing on both sets of corrected plans "APPROVED", and one set of such approved plans shall be retained by him and the other set shall be kept at the building site, open to inspection by the building official or his authorized representative at all reasonable times.

(I)

Partial Approval of Plans. Partial or phased approval of plans shall be granted in accordance with OBC Section 106.3.3, "Phased Approval of Plans."

(J)

Annual Permit. In lieu of requiring separate permits for operations incident to maintenance and repair of the structural, electrical, mechanical and plumbing elements, installations, fixtures, and equipment of existing buildings and structures, the building official may issue an annual permit therefor. (See § 153.36 for fees.) Work done under such permits may include the rearrangement or replacement in kind of such elements and equipment, but may not include new construction, increases in height or area, additional building service equipment; deletion or reduction of load-bearing elements, fire protection facilities or exit ways, or any change in use or occupancy of any room or space. The building official may issue such permits annually, in accordance with the provisions herein prescribed on application therefor. Such annual permits shall only be issued to persons, firms, or corporations conforming to all of the following criteria:

(1)

They have a regularly established maintenance staff for performing the proposed work.

(2)

They have a regularly established Fire Protection Department for protection of the buildings covered by the permit.

(3)

The maintenance and fire protection staffs are supervised by qualified bonded personnel, satisfactory to the building official, which personnel will be held responsible for conformance of the proposed operations to the requirements of this code.

(K)

The permit shall list the personnel authorized to supervise the specific types of work for which they will be held responsible. If, at any time it is desired to change the designations of persons listed on the permit, such request shall be made in writing to the building official and an amendment to the permit shall be issued by him. All work performed under the permit shall be in conformance with the requirements of this code, and the building official shall make periodic inspections to satisfy himself that the work is being so performed. Inspections for concealed work completed under the annual permit shall be requested before such work is concealed. Failure of the holder of the permit to conform to code requirements shall be a violation of this code; shall subject the holder and the pertinent supervisory personnel to the full penalties provided for such violations; and shall be cause for revocation of the permit. No plans or specifications need be submitted for work to be performed under an annual permit.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30111-02, passed 6-5-02)

The Building Official may revoke any permit or approval issued under the provisions of this Code or may stop the work for any of the following reasons:

(A)

Whenever any fee prescribed by this Code is not paid in full, including, inter alia, returned checks, fraudulent credit card transactions, the use of counterfeit money and similar occurrences.

(B)

Whenever there is a violation of any provision of this Code or statute relating to the same subject matter.

(C)

Whenever the continuation of any work becomes dangerous to life or property.

(D)

Whenever there is a violation of any condition on which the issuance of the permit or approval was based.

(E)

Whenever any false statement or misrepresentation has been made on the application, plans, or specifications on which the issuance of the permit or approval was based.

(F)

The notice of revocation of the permit in every instance shall be in writing and shall be served upon the holder of the permit, the owner, his agent, or the person having charge of the work. Any revocation notice shall also be posted on the building or structure in question by the Building Official. After the notice is received or posted, it shall be unlawful for any person to proceed with any operation for which such a permit was issued. No part of the fees for such permit shall be returned. Revocation of a permit shall be subject to appeal to the board. See § 153.02 or § 153.03.

(Ord. 29119-95, passed 11-22-95)

(A)

The Building Official may declare any permit to be void if the authorized work is not commenced within 12 months after issuance of the permit, or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.

(B)

Any permit application which has not been approved by the Building Official within six months may be canceled. The Building Official shall notify the applicant not less than two weeks prior to the cancellation of the application. If no action is taken by the applicant to seek approval, the permit application, drawings and specifications shall be destroyed.

(Ord. 29119-95, passed 11-22-95)

(A)

Payment of fees. No permit shall be issued, and no amendment to a plan, application for permit, or other submission, shall be approved or certified, until the fees prescribed in § 153.45 have been paid.

(B)

Compliance with Code. A permit shall be an authorization to proceed with the work, but shall not be construed as authority to violate, cancel, or set aside any of the provisions of the code, zoning laws or other applicable laws except as specifically allowed by lawfully granted modification or deviation.

(C)

Compliance with permit. All work shall conform to the approved application and plans for which the permit has been issued and any approved amendments thereto.

(D)

Compliance with plot plan. All new work shall be located strictly in accordance with the approved plot and location plan.

(E)

Change in lot. No lot or plot shall be changed, increased, or diminished in area from that shown in the application for permit without first amending the application to that effect, except where the change is caused by reason of an official street opening, street widening, or other public improvement.

(Ord. 29119-95, passed 11-22-95)

(A)

Preliminary Inspections. Before issuing a permit, the building official shall, if deemed necessary, examine or cause to be examined all buildings, structures, and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish, or change the use or occupancy thereof.

(B)

Required Inspections. After issuing a permit, the building official shall conduct inspections from time to time during and upon completion of the work for which a permit has been issued. A record of all such inspections and of all violations of this Code shall be maintained by the building official. The owner shall provide for special inspections in accordance with the OBC.

(C)

Notice. It shall be the responsibility of the holder of a permit to notify the building official when work is ready for the various inspections required by the terms of the permit or the approved rules. Such notice shall be given within a reasonable time in advance of the time when such inspection is desired to take place, but shall in no event be less than 24 hours. Notice given on a Friday or on a day prior to a legal holiday shall not constitute notice for inspection on a Saturday, Sunday, or holiday unless arrangements have been made under approved rules for inspection on such days. Before giving such notice the holder of the permit shall first test the work and satisfy himself that it conforms to the approved plans and specifications and the requirements of this code.

(D)

Action on Notice. On receipt of notice that work is ready for inspection, the building official shall inspect or cause it to be inspected as soon as practicable. However, failure of the building official to make a prompt inspection shall not be deemed to be justification for covering work without inspection when such work is required under the terms of the permit to be inspected before being covered.

(E)

Covering Work. It shall be a violation of this Code to cover, prior to inspection, any work required to be inspected under the provisions of a permit, the approved rules, or this Code, irrespective of any penalties for such violation. The building official shall require the owner or the holder of the permit to uncover any such work for inspection and the cost of uncovering such work and of replacing the cover after the work has been found satisfactory shall be borne by the owner or the holder of the permit.

(F)

Plant Inspection. The building official shall inspect or cause to be inspected at the point of their manufacture or fabrication all materials and assemblies which the code, or rules and regulations promulgated thereunder, requires to be inspected at such points. The cost of all such inspections shall be borne by the applicant therefor.

(G)

Inspection Reports. All inspection reports shall be in writing and shall be certified by the licensed authority, or responsible officer of the service, or the individual when expert inspection services are accepted. An identifying label or stamp permanently affixed to the product indicating that factory inspection has been made shall be accepted in lieu of the aforesaid inspection report in writing if the intent or meaning of such identifying label or stamp is properly substantiated.

(H)

Final Inspection and Certificate. It shall be the duty of the building official to make, or cause to be made, a final inspection and examination of all buildings or structures included under the various classifications of this code, hereafter erected, constructed, altered, repaired, or added to, before any such building or structure is occupied and if such a building has been found to have been constructed in conformity with the provisions of this code, to issue a written certificate thereof to the owner.

(Am. Ord. 30111-02, passed 6-5-02)

Temporary structures shall be governed by §§ 111.100 through 111.99, inclusive, and the applicable provisions of the OBC.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30111-02, passed 6-5-02)

Before a structure can be demolished or removed, the owner or agent shall notify all utilities having service connections within the structure such as water, electric, gas, sewer, and other connections. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators have been removed or sealed and plugged in a safe manner, and until any hazardous materials have been removed.

(Ord. 29119-95, passed 11-22-95)

Whenever a structure is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grades, and the erection of the necessary retaining walls and fences in accordance with the provisions of the OBC.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30111-02, passed 6-5-02)

(A)

Whenever the natural grade or drainage of any lot or land, or the grade or drainage thereof existing at the effective date of this Code is hereafter changed in any way by excavation, filling, grading or other means, provision shall promptly be made for draining surface water from such lot or land so that no substantially new or different burden of deceiving such water shall be imposed upon any adjacent property without the prior written permission of the owner thereof in the form of a recorded easement, and provision shall likewise promptly be made to receive such water at such points as same may flow upon such lot or land from an adjacent property and to accommodate such water to the same extent as existed just prior to such change.

(B)

No abandoned wells, and no pits, holes, gullies or other depressions in which surface water may accumulate and be retained at any point or may accumulate and stagnate or result in injury to adjoining property shall be created or permitted to exist on any lot or land. Any such condition shall be promptly abated by providing catch basins or properly connected underdrains or other adequate drainage or by filling, and, where necessary, shall also promptly be protected by the erection of an adequate barricade or fence.

(Ord. 29119-95, passed 11-22-95)

Whenever any building or structure is demolished, in whole or in part:

(A)

All structural elements and materials shall be completely removed from above and below the surface of the land, unless the building official approves partial removal thereof, based upon his or her determination that complete removal would be:

(1)

Physically impractical;

(2)

Harmful to a connected or adjacent structure, street, sidewalk, or alley;

(3)

Environmentally unsafe, or require extensive environmental remediation;

(4)

If the complete removal will cause the property to be in violation of another applicable law, code, or regulation; or

(5)

If the costs of complete removal are not economically justified in light of the intended uses of the property after demolition.

(B)

All gas, sewer, and water lines shall be securely capped or plugged. All other electrical service shall be removed to the point of connection with the public utility transmission line.

(C)

Only an approved fill material shall be used to bring the land to within four to six inches of finish grade. Approved fill material shall be "pit-run" gravel, crushed gravel, or crushed limestone of the proper grading to produce a firm, stable base when compacted by rolling or tamping. Only topsoil shall be used to bring the land to finish grade. The topsoil shall consist of loose, friable, loamy topsoil without admixture of subsoil or refuse.

(D)

The final grade of backfill shall prevent water from draining unnecessarily onto adjacent properties. Soil erosion controls shall be instituted in accordance with the standards set forth in the City of Dayton Construction and Material Specifications and any amendments thereto.

(E)

All demolition areas shall be seeded in accordance with the City of Dayton Construction and Material Specifications and any amendments thereto.

(F)

The owner of the property may appeal the decision of the building official, made with respect to this section, within 15 days of the decision, by making a demand in writing to the Nuisance Appeals Board, in care of the Manager of the Division of Housing Inspection, for a hearing relating to the decision. The demand shall include the correct mailing address of the owner or person representing the owner. The hearing shall be scheduled within a reasonable time, not to exceed 30 days following receipt of the written demand.

(G)

In addition to the powers conferred on it by § 152.07, the Nuisance Appeals Board may vote to:

(1)

Affirm the decision of the building official and order compliance with this section;

(2)

Take such other action and render such other orders as it deems appropriate within the authority conferred under this chapter; or

(3)

Reverse the decision of the building official and dismiss the case.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30111-02, passed 6-5-02)

Every building or structure that is or hereafter shall become unsafe, unsanitary, or deficient in adequate exit-way facilities, or which constitutes a fire hazard, or other serious hazard, or is otherwise dangerous to human life or the public welfare, shall be deemed an unsafe building or structure. All unsafe structure shall be taken down and removed or made safe and secure, as the Building Official may deem necessary and as provided in this section. In addition, a vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this Code.

(Ord. 29119-95, passed 11-22-95)

The Building Official shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard; and shall cause the report to be filed in a docket of unsafe structures and premises, stating the use of the structure, and the nature and estimated amount of damages, if any, caused by collapse or failure.

(Ord. 29119-95, passed 11-22-95)

If an unsafe condition is found in a building or structure, the Building Official shall serve on the owner, agent or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structure safe and secure, or requiring the unsafe building or structure or portion thereof to be demolished within a stipulated time. Such notice shall require the person thus notified to immediately declare to the Building Official his acceptance or rejection of the terms of the order.

(Ord. 29119-95, passed 11-22-95)

The structure or equipment determined to be unsafe by the Building Official is permitted to be restored to safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall be done in compliance with the requirements of this Code.

(Ord. 29119-95, passed 11-22-95)

If the person addressed with an unsafe notice cannot be found within the city after diligent search, then such notice shall be sent by registered or certified mail to the last known address of such person, and a copy of the unsafe notice shall be posted in a conspicuous place on the premises, and such procedure shall be deemed the equivalent of personal notice.

(Ord. 29119-95, passed 11-22-95)

Upon the refusal or neglect of the person served with an unsafe notice to comply with the requirement of the order to abate the unsafe condition, the legal counsel of the jurisdiction may be advised of all the facts and he may institute the appropriate action to compel compliance.

(Ord. 29119-95, passed 11-22-95)

The Building Official shall furnish a copy of all unsafe building orders to the public utilities serving that building or structure which may be affected by the condition responsible for that order, and shall mark thereon a request that service being furnished the building or structure by the utility be discontinued when in his opinion the continuance of that service will constitute a hazard to the public. On receipt of the copy of notice and the request thereon, any person, firm, association, and the like supplying such service shall promptly discontinue its supply at the meter in the designated portion of the building or structure. It shall be unlawful for such person, firm, association, and the like thereafter to continue such service or to restore the same until furnished with a copy of a certificate of approval from the building official certifying that an inspection has been made, that the hazardous conditions have been corrected and that the affected service installation has been brought into substantial compliance with the requirements of this Code.

(Ord. 29119-95, passed 11-22-95)

Should the Building Official be required to demolish the unsafe structure by city contract, the demolition shall include all debris removal, backfilling, and grading at the lot and the cost shall be paid from city funds. This cost shall then be recovered in the following manner:

(A)

The owner or owners shall be billed directly by certified mail for the cost of demolishing such unsafe structure. The bill for the cost thereof shall be paid within 60 days after receipt of the bill.

(B)

If the costs are not so recovered, the city may collect the costs by either of the following methods:

(1)

The city shall cause the costs of abating or lessening the severity of the public nuisance to be levied as an assessment and recovered in accordance with R.C. § 715.261.

(2)

The city may commence a civil action to recover the costs from the owner, as provided in R.C. § 715.261.

(Ord. 29119-95, passed 11-22-95)

(A)

Vacating structures. When, in the opinion of the Building Official, there is actual and immediate risk of failure or collapse of a building or structure or any part thereof, or the existence of defective equipment or services facilities such as to endanger life or health, or when any structure or part of a structure, equipment, service facility or equipment or part thereof would, in his opinion, endanger life or health or where there is a particularly hazardous use of the building or structure such as to endanger life or health he is authorized and empowered to order and require the occupants and inmates to vacate the same forthwith, or to forthwith cease, desist, and refrain from use or operation of the building, structure, equipment, service facility, or part thereof which is deemed dangerous or to cease such hazardous use. If such order is made, he shall cause to be posted a notice reading:

"This (Building) (and) (Equipment) is Unsafe And Its Use or Occupancy or Operation is prohibited by Law."

and it shall be unlawful for any person thereafter to enter, use or operate such structure, equipment, service facility, or part, except to repair or demolish under permit.

He shall also cause such work to be done as may be necessary to render such structure, equipment, service facility, or part temporarily safe with regard to passersby and adjacent properties, as well as occupants, pending vacation and repair or demolition, whether or not he has previously issued any order of vacation thereof. In lieu of attempting to make such structure or part temporarily safe for passersby and adjacent properties, he may when necessary for the public safety, temporarily close such adjacent properties and any affected sidewalks, streets, and other public ways and areas, and prohibit the use thereof. In causing any such work to be performed he shall employ or engage such labor and use or purchase such materials as may be necessary to accomplish same as expeditiously as possible.

(B)

Temporary safeguards. When, in the opinion of the Building Official, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, he shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been instituted.

(C)

Closing streets. When necessary for the public safety, the Building Official may temporarily close sidewalks, streets, buildings, and structures and places adjacent to such unsafe structure, and prohibit the same from being used.

(D)

Emergency repairs. For the purposes of this section, the Building Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

(E)

Costs of emergency work. Costs incurred by the Building Official in causing emergency work to be performed under the provisions of this section shall be paid from the public moneys on his certificate, the proper legal officers shall institute such action as may be appropriate to recover such costs from the owner of such structure or part, and such owner shall be liable for such costs and the cost of their recovery. The cost shall be recovered in the following manner:

(1)

The owner or owners shall be billed directly by certified mail for the cost of emergency work. The bill for the cost thereof shall be paid within 60 days after receipt of the bill.

(2)

If the costs are not so recovered, the city may collect the costs by either of the following methods:

(a)

The city shall cause the costs of abating or lessening the severity of such public nuisance to be levied as an assessment and recovered in accordance with R.C. § 715.261.

(b)

The city may commence a civil action to recover the costs from the owner, as provided in R.C. § 715.261.

(Ord. 29119-95, passed 11-22-95)

Equipment deemed to be unsafe by the Building Official shall not be operated after the date stated in the notice unless the repairs or changes have been made and the equipment has been approved, or unless an extension of time has been secured from the Building Official in writing.

(Ord. 29119-95, passed 11-22-95)

If any provision of the Unified Building Code of the city shall be found to conflict with any provision of the Ohio Basic Building Code, or with any provision of R.C. Chapters 3781 or 3791, or any rule adopted pursuant thereto, the provision or rule adopted pursuant to state law shall govern.

(Ord. 29119-95, passed 11-22-95)

(A)

General. The owner of a building or other structure or premises in or which buildings, structures, service equipment, or machines are installed, altered, replaced, repaired, or maintained shall be responsible for every violation of every provision of this division. Any person, firm, or corporation who performs work for which a permit is required by this Code without first having secured a permit thereof or; and any person, firm, or corporation who shall violate or assist in the violation of any provisions of this Code shall also be responsible and liable for such violation and subject to the penalty provided by this Code. Any person who misrepresents a material fact in securing a permit under the provisions of this Code shall be in violation thereof and subject to the penalties provided therefor.

(B)

Failure to obtain permits before starting work. Any person who shall commence any installation of work for which a permit is required by this Code, without first having obtained a permit therefor shall, if legally authorized and subsequently allowed to obtain a permit, pay the permit fees prescribed by § 153.45; provided, however, that this requirement shall not apply to emergency work or installations as provided by § 153.25(D) when it shall be proved to the satisfaction of the Building Official that such work or installation was urgently necessary and that it would have been impractical to have awaited the normal time consumed in application for and issuance of the permit. Nevertheless, even in such emergencies the required permit shall be obtained without unreasonable delay after installation starts, and in no case more than three days in which the offices of the city are open for business, or the extra fee as herein provided shall be charged for the permit. Before issuing such permit, the Building Official shall take necessary steps to determine whether work performed prior to the date of permit and inspection conform to this Code. Such steps may include but shall not be limited to directing the tearing out of sections of surface work for access to subsurface sections, digging for access to foundations, piping, and other subterranean work and the like. The applicant for the permit shall perform all such work as may be directed at his own expense. See § 153.11(E).

(C)

Emergencies. In cases of emergency where there is actual and immediate risk of failure or collapse of a building or structure or the existence of defective equipment or service facilities or a particularly hazardous use such as to endanger life or health or such other condition as to require immediate action to make repairs or corrections necessary to prevent the occurrence of such failure or collapse or the occurrence of such danger and time available is not sufficient to allow the securing of a permit from the Building Official as required by this Code, the person, firm, or corporation required to perform such repairs may proceed to do so after having first notified the Building Official of such fact without obtaining a permit as required by this Code. In case the Building Official is unavailable, notice shall be given to the nearest fire or police official. (See § 153.28(B).

(D)

Notice. The Building Official shall serve written notice of violation of the provisions of the code, or of violation of a detailed statement or a plan approved thereunder, or of violation of a permit or certificate issued under the code, on the person or persons responsible for such violation or for its remedy, and the Building Official shall order the discontinuance of illegal action or condition or the abatement or correction of any such violation or the taking of such action as may be necessary to achieve compliance with the code, and shall serve written notice of such order on such responsible person, except that no written notice shall be required for violation of § 153.07, or § 153.10.

(E)

Other violations and penalties. Any person who:

(1)

Violates any provision of this Code,

(2)

Fails to comply with any of the requirements of this ordinance,

(3)

Erects, constructs, alters, repairs, or does any work on or in connection with any structure in violation of an approved plan, statement, or specification therefor,

(4)

Fails to obey any legal order of any officer charged with the enforcement of this Code, or

(5)

Aids, abets, or connives at the violation of this Code or of any certificate, order, or permit issued thereunder;

shall be guilty of a misdemeanor of the first degree as defined in R.C. § 2929.21. Each day that any violation or failure continues shall be deemed a separate offense.

(F)

Abatement. The prosecution of any violation, as provided for in § 153.28(E), shall not preclude the appropriate official from constituting an appropriate action or proceeding in a court of proper jurisdiction, preventing an unlawful erection, construction, repair, conversion, maintenance or use, or restraining, correcting, or abating a violation, or preventing an illegal act, conduct, business, or use in or about any premises, or requiring compliance with provisions of this Code or other applicable laws, ordinances, rules, or regulations, or the orders or determinations of the Building Official or the Board of Building Appeals.

(Ord. 29119-95, passed 11-22-95)

The provisions of this section shall apply to the methods of computing fees for permits, certificates and inspections required under this Code for construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of buildings and structures and their service equipment whether existing or proposed, except as otherwise specifically provided in this Code.

(Ord. 29119-95, passed 11-22-95)

(A)

The cost as applicable to permit fees for new buildings, additions, and alterations and repairs to existing buildings shall be based on the valuation of the buildings, additions, alterations, and repairs and may be determined by the Division of Building Inspection in accordance with generally accepted methods of estimating as prescribed in the publication of BOCA or R.S. Means Company that is effective on the date application is made for the permit.

(B)

For the purpose of determining permit fees, the following words and terms shall have the meanings shown in this section.

(1)

Project cost. The market valuation of all materials and/or labor used to erect, demolish, or move a building or structure.

(2)

Construction cost. The market valuation of all materials and/or labor used to erect a building or structure, exclusive of system cost.

(3)

System cost. The market valuation of all mechanical, electrical and elevator equipment, piping, wiring, fixtures, and other accessories, which provide sanitation, lighting, heating, ventilation, and fire protection facilities for a building or structure. The system cost shall include the labor to install such building service equipment.

(Ord. 29119-95, passed 11-22-95)

When any permit or certificate is revoked because of the violation of any of the provisions of this Code, the fee for rescinding such revocation shall be 50 percent of the fee for the original permit or certificate, but in no event shall this fee be greater than $500.00.

(Ord. 29119-95, passed 11-22-95)

When any person, firm, or corporation shall desire an inspection of any building or part thereof, or other special services, a fee shall be charged for the time consumed by the inspector, or one furnishing the inspection or service, as follows:

(A)

Fifty dollars per hour, or part thereof, for inspection and other services provided during the inspector's normal business hours, with the exception of the services described in (C) and (D) below.

(B)

Three hundred dollars for up to two hours and $75.00 for each additional hour for services provided outside the inspector's normal working hours.

(C)

Records research and retrieval: A fee for such service shall be charged at a rate of $20.00 per hour or any part thereof, or the actual cost, whichever is greater.

(D)

The fee for photocopying documents shall be $0.50 per page for documents measuring 8.5" x 14", or smaller. The fee for photocopying documents with measurements larger than 8.5" x 14" shall be $2.00 per page.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30138-02, passed 8-14-02; Am. Ord. 31585-17, § 1, 10-30-17)

(A)

The fee for a certificate of use and occupancy shall be $110.00 for commercial properties and $60.00 for residential properties in addition to other construction fees. This fee applies to temporary certificates as well as final certificates.

(B)

The fee for replacing a certificate of use and occupancy shall be $35.00. This fee is in addition to any other fees specified in §153.32.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 31585-17, § 2, 10-30-17)

Permit fees provide for customary inspections only. Where additional inspections or trips are made necessary by incomplete or faulty work, or because of an incorrect address given, or failure of the owner or agent to keep an appointment, or for similar reasons, no fee shall be charged for one additional inspection, but a fee of $50.00 shall be charged for each subsequent additional inspection performed on that project.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30138-02, passed 8-14-02)

Where a permit is required under this Code for a particular type of work, and such type of work is commenced on a project before obtaining a permit, the Building Official shall take necessary steps to determine whether work performed prior to the date of the permit and inspection conforms to this Code as prescribed by §§ 153.07, 153.10, and 153.11. The fee for making such necessary investigations prior to issuance of a permit shall be equal to the fee for the permit with a minimum of $25.00 for one-, two-, and three-family and/or accessory buildings and a minimum of $50.00 for all other buildings, and shall be in addition to the regular permit fee. A maximum fee of $500.00 shall apply to either case. All minimum and maximum fees under this section shall be doubled upon a second occurrence by the same applicant within any 12-month period. The payment of the aforesaid fees shall not relieve any person from fully complying with the requirements of this Code in the execution of the work nor from any other fee prescribed herein. Payment of the investigation fee provided by this section does not preclude a prosecution for a violation of any provision of this Code.

(Ord. 29119-95, passed 11-22-95)

The amount of fees for permits for regulated construction, appliances, equipment, or devices where fees are not otherwise specifically provided by this Code shall be determined by the Building Official by assigning it to that classification which he considers most similar, subject to appeal to the Dayton Board of Building Appeals.

(Ord. 29119-95, passed 11-22-95)

Nothing in this Code shall prohibit the filing of changes and/or additions to plans and specifications at any time before the completion of work for which a permit has been granted, provided such changes and/or additions are in compliance with the Code. See §§ 153.07 and 153.68. After approval, such changes and/or additions, shall be made a part of the plans and specifications and filed as such. If such changes and/or additions to the plans involve a change in the scope of the work to be done, an additional permit shall be obtained for each such change and/or addition, for which a fee shall be paid, based on § 153.45, fees for permits. However, no refund of fee will be made in the event such changes involve a decrease in the cost of the work to be performed. Regardless of whether such changes and/or additions involve a change in the scope of work, the minimum fee to be charged for the second filing of any changes and/or additions and any subsequent filings of changes and/or additions shall be $150.00 for commercial plans and $75.00 for residential plans.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 31585-17, §, 10-30-17)

(A)

For buildings owned by the United States Government, see OBBC § 4101:2-1-09(B). For buildings constructed by the state, or on land owned by the state, see OBBC § 4101:2-1-49(B).

(B)

The Building Code shall be applicable to the buildings and structures owned and occupied by the City of Dayton, Montgomery County and the Dayton Board of Education (hereafter called governmental units), its departments and divisions. Governmental units shall comply with all Building Code requirements; provided, however, that they shall be exempt from payments of fees relating to work performed solely by their employees upon buildings, structures, and sites owned by them. Fees which may be exempt in such limited circumstances include those normally assessed for permits, certificates, inspections and appeals. Work performed for governmental units by any other person, contractor, firm or corporation shall comply fully with all code requirements including payment of all applicable fees.

(C)

Where the project involves the use of privately owned property leased by any governmental unit, the project is subject to full code compliance and permit fees shall be paid.

(D)

In all cases, it will be the responsibility of the agency contractor, or other person applying for permits to provide to the Building Official documentation necessary to verify ownership and use as referred to above.

(E)

Special projects deemed to be in the public interest may be exempt from fees by written order of the Director of the Department of Economic Development, or his or her designee.

(Ord. 29119-95, passed 11-22-95)

If the holder of a permit decides to abandon the work authorized by the permit, before having commenced such work, he may return the permit to the administration official prior to the date of its expiration and receive a refund of a portion of the fee charged. The refund shall be half of that portion of the fee charged for the permit in excess of $35.00. No refund will be made for any permit returned after the date of its expiration, or for any permit where work was commenced and abandoned.

(Ord. 29119-95, passed 11-22-95)

Fees for requested inspections are not refundable unless the inspection has been canceled not less than three days prior to the date on which scheduled.

(Ord. 29119-95, passed 11-22-95)

Fees for certificates of occupancy are not refundable.

(Ord. 29119-95, passed 11-22-95)

Unless otherwise specifically noted, the fees prescribed in this chapter shall be additive, and separate fees shall be paid for each of the items listed, as applicable.

(Ord. 29119-95, passed 11-22-95)

The fees prescribed in this chapter do not include the cost of water used in construction work. No permit shall be issued for any work for which water will be required until satisfactory evidence is presented by the applicant that he has made necessary arrangements with the authority governing the water system for payment of all water used.

(Ord. 29119-95, passed 11-22-95)

All fees shall be paid at the office of the Building Official upon the issuance or renewal of a permit, license, certificate, or upon request for an inspection not covered by other fee, unless otherwise indicated in this chapter.

(Ord. 29119-95, passed 11-22-95)

(A)

Fees for permits based on cost: Except as otherwise provided in this chapter, the fees for permits for construction, extension, alteration and/or repair of buildings or structures shall be based on the project cost, as defined in § 153.30.

(1)

For costs less than $2,000.00, the fee shall be $35.00.

(2)

For costs more than $2,000.00, but not greater than $100,000.00, the fee shall be $35.00 plus one percent of the cost in excess of $2,000.00.

(3)

For costs of $100,000.00 or more, the fee shall be $1,015.00 plus 0.5 percent of the cost in excess of $100,000.00.

(B)

Each such fee shall include the cost of administration, records maintenance, and the prescribed inspections to determine whether the actual construction is in accordance with the Code, but does not include plan examination fees as required by § 153.68.

(C)

A separate permit shall be required for each system or building. In multi-story buildings, a separate permit may be issued for each floor at the discretion of the Building Official, and upon the request of the applicant.

(D)

Changes and additions to plans and specifications. A fee for such changes that correct original information for a change of use group but no changes in work are subject to a plan review fee of 50 percent of the original plan review fee. See § 153.37.

(E)

Fees for permits for wrecking. The permit fee shall be calculated at the rate of $5.00 per 100 square feet of structure per floor to be demolished (including basements). There shall be a minimum fee of $50.00.

(F)

The fees set forth herein are in addition to any fees the City of Dayton is required to collect on behalf of the State of Ohio Board of Building Standards.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30138-02, 8-14-02; Am. Ord. 31585-17, §, 10-30-17)

All fixed fee charges, including minimum base fees, prescribed in §§ 153.01 through 153.99 shall be adjusted annually by the Director beginning January 1, 2019, by a percentage no greater than the percent change in the Consumer Price Index (CPI-U, U.S. City Average, All Items, Not Seasonally Adjusted) as measured by the percent change in the average price index from the third quarter (hereinafter referred to as the base quarter) of the previous year to the base quarter one year prior. Such change shall be rounded to the nearest 0.1 percent.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 31585-17, §, 10-30-17)

Fees for the construction, alteration, addition, or repair of any building or structure, whether existing or proposed, shall be based on the construction cost, as defined in § 153.30, using the schedule specified in § 153.45.

(Ord. 29119-95, passed 11-22-95)

Permit fees for construction, alteration, repair or relocation of marquees, fixed awnings, canopies, and retractable awnings whether or not suspended over public property or other than one-and two-family dwellings, and for similar structures not specifically covered in the Code, shall be based on the construction cost using the schedule specified in § 153.45.

(Ord. 29119-95, passed 11-22-95)

Permit fees for wrecking of any building or structure shall be as defined in § 153.45.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30138-02, passed 8-14-02)

Except for the initial placement of an industrialized unit, permits for moving any building or structure on or across streets, roads, or alleys shall be obtained from the appropriate governmental agency or agencies having jurisdiction over the public avenues of traffic involved, and in compliance with the pertinent statutes and regulations. Where such permits are under the jurisdiction of the Building Official, the fee shall be based on the project cost, as defined in § 153.30, using the schedule specified in § 153.45.

(Ord. 29119-95, passed 11-22-95)

Where it is necessary to inspect buildings or structures to determine whether they are in safe condition to be moved, the fees for such inspection shall be determined in accordance with § 153.32 and shall be paid when application is made for the inspection.

(Ord. 29119-95, passed 11-22-95)

The fee prescribed in § 153.50 applies only in the case where the building or structure is moved as a unit to a new site within the limits of the municipality or political subdivision. When the building or structure is of such a nature that all or portions thereof must be disassembled and then reassembled on its new location, then an additional permit shall be required as if for a new structure of the type re-erected. When a new structure foundation must be provided for the structure at its new location, and the structure is moved as a unit, an additional permit shall be required only for the new foundation.

(Ord. 29119-95, passed 11-22-95)

In addition to the requirements herein prescribing his qualifications, each applicant for a permit for moving shall furnish satisfactory evidence of his financial responsibility and evidence that he carries liability and property damage insurance in the amounts of $100,000.00 property damage and $100,000.00/$300,000.00 liability insurance and bodily injury for one or more persons. Each such insurance policy shall carry a provision that it cannot be terminated unless notice of intention to so terminate is given the Building Official in writing not less than ten days prior to the date of termination.

(Ord. 29119-95, passed 11-22-95)

(A)

In either new work or in work where the kind, design, size, location, or character of a fixture of its waste or vent pipes are changed, or fixtures are replaced with like type in the same location, the fee shall be based on the system cost as defined in Section 153.30, using the scheduled specified in Section 153.45. Provided, however, in no event shall such permit fee be less than $60.00.

(B)

In either new work or in work where the kind, design, size, location, or character of the consumer's gas piping or service line are changed, or where additions, extensions, alterations, changes or repairs are made to the consumer's gas piping in the same building, the fee shall be based on the system cost as defined in Section 153.30, using the scheduled specified in Section 153.45. Provided, however, in no event shall such permit fee be less than $60.00.

(Ord. 29119-95, passed 11-22-95; Ord. No. 31640-18, § 1, 5-16-18)

Where any extensions, alterations, changes, or repairs are made to a house sewer, water service, or to a house drain or to a water distribution system either in the same building, to other buildings on the same property, including the area from the property line of the premises to a curb or unpaved right-of-way, not including connections to a public main, the fee shall be based on the system cost, as defined in § 153.30, using the schedule specified in § 153.45.

(Ord. 29119-95, passed 11-22-95)

For the installation of a septic tank, vault, or double cesspool, the fee shall be based on the system cost, as defined in § 153.30, using the schedule specified in § 153.45.

(Ord. 29119-95, passed 11-22-95)

The above stated fees shall be in addition to any fees required for plumbing or heating permits as may be necessary for the work to be done.

(Ord. 29119-95, passed 11-22-95)

The fee for a permit for any electrical work requiring a permit shall be based on the system cost as defined in Section 153.30, using the scheduled specified in Section 153.45. Provided, however, in no event shall such permit fee be less than $60.00.

(Ord. 29119-95, passed 11-22-95; Ord. No. 31640-18, § 2, 5-16-18)

The above stated fees shall be in addition to any fees required for electrical permits as may be necessary for the work to be done.

(Ord. 29119-95, passed 11-22-95)

An application for a zoning certificate shall be accompanied by a fee computed from the following schedule:

(A)

The fee for a zoning certificate shall be a minimum of $75.00 or 0.2 percent of the construction cost, whichever is greater, with a maximum fee of $10,000.00 for all remodeling, reconstruction, or historic renovation work not involving an expansion, increase in intensity, or change in use.

(B)

An application for an occupancy certificate for a new structure or addition, or a change in use, shall be accompanied by an additional fee of $90.00 for commercial properties and $40.00 for residential properties. This fee applies to temporary certificates as well as final certificates.

(C)

The fee for any temporary use zoning permit not otherwise subject to (A) or (B) above shall be $75.00.

(D)

Written zoning verification and related zoning reports and/or correspondence shall be charged at the rate of $50.00 per hour with a minimum fee of $100.00.

(E)

Any site design review performed by Zoning Administration in conjunction with a "zoning only" application in which there is a resulting hearing before the Board of Zoning Appeals shall be subject to an additional zoning administration review fee of $50.00.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30138-02, passed 8-14-02; Am. Ord. 31585-17, §, 10-30-17)

Where a permit is required for a sign, the fee for a sign permit shall be based on the construction cost, using the schedule specified in § 153.45, but in no event shall the fee be less than $50.00 including for those that only entail a change in the sign face.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 31585-17, §, 10-30-17)

Editor's note— Ord. 30585-06, § 2, adopted Aug. 2, 2006, repealed § 153.62, which pertained to city plan board application fees and derived from Ord. 29119-95, passed Nov. 22, 1995.

The above stated fees shall be in addition to any fees required for any other permits as may be necessary for the work to be done.

(Ord. 29119-95, passed 11-22-95)

(A)

Permit fees for new work and replacements:

(1)

Permit fees for any new work or replacement work in which the unit of equipment is replaced by equipment of like kind, design, size, location, and character for any heating, ventilating, cooling, refrigeration, combustion, or other HVAC system(s) or device(s) shall be based on costs of labor and materials. The fee shall be based on the project cost, as defined in §153.30, using the schedule specified in §153.45. Provided, however, that in no event shall the permit fee for any such system or device be less than $60.00.

(2)

Permit fees for HVAC devices or systems including, but not limited to, energy vent dampers, air ducts, wood stoves, fans, blowers, make-up air handlers, solar heating systems and commercial range hoods, shall be based on the system cost.

(B)

No permit shall be required for portable air conditioning and/or heating units.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 31585-17, §, 10-30-17)

Fees for other mechanical permits not covered in § 153.64 shall be based on the system costs, using the schedule specified in § 153.45.

(Ord. 29119-95, passed 11-22-95)

Separate permits and fees shall be charged where systems and devices are separated and not interconnected.

(Ord. 29119-95, passed 11-22-95)

The permit fee for each tent to be erected shall be $50.00.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30138-02, passed 8-14-02)

(A)

A fee shall be charged for the examination of plans to determine compliance with this Code pursuant to § 153.07(C). The plan examination fee shall be $30.00 or 0.10 percent of the project cost, as defined in § 153.30, whichever is greater.

(B)

A fee shall not be charged for the review of one-, two-and three-family structures and their accessory or appurtenant structures.

(C)

Partial or piecemeal plan submittal. Each subsequent plan submittal will be charged a plan review fee that is equal to 50 percent of the original plan review fee. Fire protection systems are not included. See § 153.69.

(D)

Express plan review service. This service may not be used in conjunction with the regular permitting review system. The fee for this service shall be charged at the rate of $500.00 per hour or any portion of an hour. The building permit fees with all customary charges are in addition to the express plan review service fee.

(Ord. 29119-95, passed 11-22-95; Am. Ord. 30138-02, 8-14-02)

The permit fee for fire protection systems shall be based on the system cost, as defined in § 153.30, using the schedule specified in § 153.45. In addition to the permit fee, the fee for the examination of fire protection systems shall be as prescribed in § 153.68.

(Ord. 29119-95, passed 11-22-95)

The acceptance of a permit shall bind the permit holder to the faithful observance of all lawful requirements pertaining to the installation for which the permit has been issued. It shall bind such permit holder to the regulations adopted by the city or any officer thereof duly authorized in the premises. Said permit holder shall comply with orders by the city engineer, the Director of Community Development, Director of Water, Director of Fire, zoning administrator and any other officers with respect to any law or ordinance, or matter pertaining to said regulations. Failure to so comply shall be justification for refusal to issue permits for any additional work in the city.

(Ord. 29119-95, passed 11-22-95)

Any reference which is made in any provision of the Revised Code of General Ordinances to any provision contained in §§ 152.15 or 152.16, which are being repealed herein, shall be deemed to be applicable to the analogous section which appears in chapter 153.

(Ord. 29119-95, passed 11-22-95)

Any person violating any provision of chapter 153 for which a penalty is not otherwise specifically provided shall be guilty of a misdemeanor of the third degree.

(Ord. 29119-95, passed 11-22-95)