Fairborn City Zoning Code
PART THIRTEEN
BUILDING AND HOUSING
CHAPTER 1307 Fire Code
EDITOR'S NOTE: Former Chapter 1307 consisting of Sections 1307.01 to 1307.14 and 1307.99 was repealed by Ordinance 54-93, passed August 16, 1993. See Part Fifteen Fire Code for relevant provisions.
CHAPTER 1317 Smoke Detector Requirements
EDITOR'S NOTE: Former Chapter 1317 consisting of Sections 1317.01 to 1317.06 and 1317.99 was repealed by Ordinance 54-93, passed August 16, 1993. See Part Fifteen Fire Code for relevant provisions.
CHAPTER 1321 Minimum Insulation Requirements
EDITOR’S NOTE: Former Chapter 1321 consisting of Sections 1321.01 to 1321.03 and 1321.99 was repealed by Ordinance 21-92, passed March 16, 1992.
1301.01 CODE ADOPTED; IDENTITY AND PURPOSE.
Pursuant to the provisions of Section 2.16 of the City Charter, the Ohio Building Code, which is a Code of regulations promulgated by the Ohio Board of Building Standards in accordance with Ohio R.C. 3781.10, is hereby adopted by the City of Fairborn and incorporated by reference as if fully set out herein. The purpose of the Ohio Building Code is to establish uniform minimum requirements to govern the erection, construction, repair, alteration and maintenance of all public buildings and appurtenant structures except one, two and three-family dwellings, and to prescribe requirements for the installation of equipment therein, materials used in connection therewith and the safety and sanitation relative to such buildings.
(Ord. 15-92. Passed 3-16-92.)
1301.02 ENFORCEMENT AND RIGHT OF ENTRY.
The City Building Inspector shall enforce the Ohio Building Code, as adopted herein, and, in the performance of his official duties, shall have authority, upon proper identification, to enter any building structure or premises at any reasonable hour to make inspections and ascertain compliance with such Code.
(Ord. 15-92. Passed 3-16-92.)
1301.03 PERMIT AND INSPECTION FEES.
The provisions of Chapter 1311 relative to fees for permits, certificates and inspections shall apply to all classes of public buildings and appurtenant structures covered by the Ohio Building Code, as adopted herein.
(Ord. 15-92. Passed 3-16-92.)
1301.04 APPEALS.
In accordance with the provisions of the Ohio Building Code which permits Municipal governments to form local Appeal Boards, the City designates the Greene County Board of Building Appeals as the Appeals Board for the City. Applicants seeking relief through this Board shall comply with all rules of the Greene County Board of Building Appeals including the payment of fees.
(Ord. 15-92. Passed 3-16-92.)
1301.05 PERMIT EXPIRATION.
Permits issued for buildings regulated by this chapter shall expire six months from the date of issuance if no building construction has begun. Also, the permit shall expire if construction is terminated for any six consecutive months after construction has begun. Failure to request inspection during the six months period shall be evidence of construction termination.
(Ord. 15-92. Passed 3-16-92.)
1301.06 DRAINAGE.
(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 section 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 receiving 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 the same may flow upon such lot or land from 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 conditions 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. 15-92. Passed 3-16-92.)
1301.99 PENALTY.
Whoever violates any section of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety days, or both. No person shall be imprisoned under any section of this chapter for a first offense, and the prosecution shall always be as if for a first offense unless the affidavit upon which the prosecution is initiated contains the allegation the offense is a second or repeated offense. Each day's continuance of the violation shall constitute a separate offense.
(Ord. 15-92. Passed 3-16-92.)
1303.01 CODE ADOPTED; IDENTITY AND PURPOSE.
Pursuant to the provisions of Section 2.16
of the City Charter, the Residential Code of Ohio for One, Two and Three Family Dwellings, promulgated by the Ohio Board of Building Standard, pursuant to House Bill 175 and Chapters 4101:8-1 to 4101:8-43 of the Administrative Code, is hereby adopted by the City of Fairborn. This Code shall hereinafter be referred to as the Fairborn Residential Building Code. This Code shall establish uniform minimum requirements to govern the erection, construction, repair, alteration and maintenance of One, Two and Three-Family Dwellings and their accessory structures; and shall prescribe requirements for the installation of equipment therein, materials to be used in connection therewith and the safety and sanitation relative to such dwellings.
(Ord. 39-06. Passed 11-6-06.)
1303.02 ADMINISTRATIVE REGULATIONS AND TECHNICAL REVISIONS.
The City of Fairborn hereby designates the Greene County Residential Appeals Board as the entity for hearing appeals of the provisions of this Code. Any person desiring to file an appeal to the provisions of this Code shall do so in a manner prescribed by the Greene County Residential Appeals Board, and shall pay the fee designated by Greene County to the County.
(Ord. 39-06. Passed 11-6-06.)
1303.03 ACCESSORY STRUCTURES.
(a) Accessory structures to be regulated by this Code include but not limited to the following structures on the same lot as a One, Two, or Three-Family Structures.
(1) Accessory buildings such as garages and sheds. If the building is structurally independent of the main structure and over 200 sq. ft.
(2) Any other roofed structures such as a porch cover, carport or patio room over 200 square feet.
(3) Structures such as a deck, gazebo, or steps.
(4) Structures such as chimneys, fireplaces, other non-portable burning structures.
(5) Walls, posts, or columns used for supports including retaining walls retaining over 4 feet in height measured from the grade at the bottom of the retaining wall to the grade at the top of the wall.
(6) Antennae systems including any independent structures over twenty feet in height, or satellite dishes over three feet in diameter. Antennae systems over ten feet in height or thirty inches in diameter which are supported by another structure shall be regulated by the Code.
(b) Where this Code does not contain provisions for the installation or construction of the above accessory structures. Such structures shall be constructed in accordance with manufacturers' installation requirements or standard engineering practice regulating such construction.
(Ord. 39-06. Passed 11-6-06; Ord. 21-19. Passed 4-1-19.)
1303.04 DRAINAGE.
1303.05 PERMIT, CERTIFICATION AND INSPECTION FEES.
Fees for permits, certifications and inspections made in accordance with this chapter shall be collected in the amount specified in Chapter 1311.
(Ord. 39-06. Passed 11-6-06.)
1303.99 PENALTY.
Whoever violates any section of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety days, or both. No person shall be imprisoned under any section of this chapter for the first offense, and the prosecution shall always be as if for a first offense unless the affidavit upon which the prosecution is initiated contains the allegation the offense is a second or repeated offense. Each day's continuance of the violation shall constitute a separate offense.
(Ord. 39-06. Passed 11-6-06.)
1305.01 CODE ADOPTED; IDENTITY AND PURPOSE.
Pursuant to the provisions of Section 2.16 (Codes of Technical Regulations) of the City Charter, the current edition of the National Electrical Code, NFPA - 70 - compiled and published by the National Fire Protection Association and referenced in the Ohio Building Code, which is a Code of regulations promulgated by the Ohio Board of Building Standards in accordance with Ohio R.C. 3781.10 is hereby adopted by the City of Fairborn and incorporated by references as if fully set out herein.
(Ord. 16-10. Passed 7-8-10.)
(Ord. 16-10. Passed 7-8-10.)
1305.02 SEPARATE METERING REQUIRED.
All buildings hereafter erected, or altered so as to contain four or more dwelling units shall be provided with a separate electrical system capable of metering the electrical use in each individual dwelling unit.
(Ord. 3-05. Passed 1-18-05.)
(Ord. 3-05. Passed 1-18-05.)
1305.03 ENFORCEMENT AND RIGHT OF ENTRY.
The City Building Inspector shall enforce the National Electrical Code, as adopted herein, and in the performance of his official duties, shall have authority, upon proper identification, to enter any building, structure or premises at any reasonable hour to make inspections and ascertain compliance with such Code.
(Ord. 3-05. Passed 1-18-05.)
1305.04 ELECTRICAL PROVISIONS SUPPLEMENTED; CONFLICT; MORE RESTRICTIVE PROVISIONS TO CONTROL.
The provisions of the National Electrical Code, as adopted herein, shall supplement the applicable electrical provisions of the Ohio Building Code, as adopted in Chapter 1301, and the One, Two and Three Family Dwelling Code, as adopted in Chapter 1303. If, in any case, there is a conflict or an apparent difference in the electrical equipment, materials or method of installation thereof, or any other requirements specified in the Ohio Building Code or the One, Two and Three Family Dwelling Code, and those specified in the National Electrical Code, the more restrictive provisions shall prevail.
(Ord. 3-05. Passed 1-18-05.)
1305.99 PENALTY.
Whoever violates any section of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety days, or both. No person shall be imprisoned under any section of this chapter for the first offense, and the prosecution shall always be as if for a first offense unless the affidavit upon which the prosecution is initiated contains the allegation the offense is a second or repeated offense. Each day's continuance of the violation shall constitute a separate offense.
(Ord. 3-05. Passed 1-18-05.)
1308.01 DEFINITIONS.
As used in this chapter:
(a) "Beer" and "intoxicating liquor" have the same meanings as in Ohio R.C. 4301.01.
(b) "Booby trap" means a small tube that has a string protruding from both ends, a friction-sensitive composition and is ignited by pulling the ends of the string.
(c) "Cigarette load" means a small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.
(d) "Controlled substance" has the same meaning as in Ohio R.C. 3719.01.
(e) "Fireworks" means any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration or detonation, except ordinary matches and except as provided in Section 1308.05.
(f) "Licensed exhibitor of fireworks" or "licensed exhibitor" means a person licensed pursuant to Ohio R.C. 3743.50 to 3743.55.
(g) "Licensed manufacturer of fireworks" or "licensed manufacturer" means a person licensed pursuant to Ohio R.C. 3743.02 to 3743.08.
(h) "Licensed wholesaler of fireworks" or "licensed wholesaler" means a person licensed pursuant to Ohio R.C. 3743.15 to 3743.21.
(i) "Novelties and trick noisemakers" include the following items:
(1) Devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers and snappers;
(2) Snakes or glow worms;
(3) Smoke devices; and
(4) Trick matches.
(j) "Party popper" means a small plastic or paper item that contains not more than sixteen milligrams of friction-sensitive explosive composition, that is ignited by pulling a string protruding from the item, and from which paper streamers are expelled when the item is ignited.
(k) "Railroad" means any railway or railroad that carried freight or passengers for hire, but does not include auxiliary tracks, spurs and sidings installed and primarily used in serving a mine, quarry or plant.
(1) "Smoke device" means a tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(m) "Snake or glow worm" means a device that consists of a pressured pellet of pyrotechnic composition that produces a large, snake-like ash upon burning, which ash expands in length as the pellet burns.
(n) "Snapper" means a small, paper-wrapped item that contains a minute quantity of explosive composition coated on small bits of sand, and that, when dropped, implodes.
(o) "Trick match" means a kitchen or book match that is coated with a small quantity of explosive composition and that, upon ignition, produces a small report or a shower of sparks.
(Ord. 46-87. Passed 8-3-87.)
(Ord. 46-87. Passed 8-3-87.)
1308.02 PUBLIC EXHIBITION PERMIT REQUIRED; FEE; BOND; RECORDS.
(a) Permit Required. A licensed exhibitor of fireworks who wishes to conduct a public fireworks exhibition within the City shall apply for approval to conduct the exhibition to the Fire Chief and the Police Chief.
The required approval shall be evidenced by the Fire Chief or Fire Prevention Officer and the Police Chief signing a permit for the exhibition, the form for which shall be prescribed by the State Fire Marshal. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the Fire Marshal or, if it is available, from the Fire Chief, Fire Prevention Officer, or Police Chief.
(b) Inspections. Before signing a permit and issuing it to a licensed exhibitor of fireworks, the Fire Chief or Fire Prevention Officer and the Police Chief shall inspect the premises on which the exhibition will take place and shall determine that, in fact, the applicant for the permit is a licensed exhibitor of fireworks. Each applicant shall show his license as an exhibitor of fireworks to the Fire Chief or Fire Prevention Officer and the Police Chief.
The Fire Chief or Fire Prevention Officer and the Police Chief shall give their approval to conduct a public fireworks exhibition only if they are satisfied, based on the inspection, that the premises on which the exhibition will be conducted allow the exhibitor to comply with the rules adopted by the Fire Marshal pursuant to Ohio R.C. 3743.53(B) and that the applicant is, in fact, a licensed exhibitor of fireworks. The Fire Chief or Fire Prevention Officer and the Police Chief may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke the permit for noncompliance with the rules.
(c) Fees, Bond and Insurance. The Fire Chief or Fire Prevention Officer and the Police Chief shall not issue a permit until the applicant pays a permit fee of twenty-five dollars ($25.00) plus any necessary costs of investigation of the applicant and of inspecting the premises on which the exhibition will be conducted.
Each exhibitor shall provide an indemnity bond in the amount of at least one hundred thousand dollars ($100,000), with surety satisfactory to the Fire Chief or Fire Prevention Officer and the Police Chief, conditioned for the payment of all final judgments that may be rendered against the exhibitor on account of injury, death or loss to persons or property emanating from the fireworks exhibition, or proof of insurance coverage of at least one hundred thousand dollars ($100,000) for liability arising from injury, death or loss to persons or property emanating from the fireworks exhibition. The Council may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this subsection. The Fire Chief or Fire Prevention Officer and Police Chief shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required by this subsection.
(d) Permit Number; Nontransferable; Records.
(1) Each permit for a fireworks exhibition issued by the Fire Chief or Fire Prevention Officer and the Police Chief shall contain a distinct number, together with a designation of the City. A copy of each permit issued shall be forwarded by the Fire Chief or Fire Prevention Officer and the Police Chief issuing it to the Fire Marshal, who shall keep a record of the permits he received. A permit is not transferable or assignable.
(2) The Fire Chief, Fire Prevention Officer and Police Chief shall keep a record of issued permits for fireworks exhibitions. In this list, the Fire Chief, Fire Prevention Officer or Police Chief shall list the name of the exhibitor, his license number, the premises on which the exhibition will be conducted, the date and time of the exhibition and the number of the permit issued to the exhibitor for the exhibition.
(Ord. 46-87. Passed 8-3-87.)
1308.03 UNLAWFUL CONDUCT BY EXHIBITOR.
(a) No licensed exhibitor of fireworks shall fail to comply with the rules adopted by the Fire Marshal pursuant to Ohio R.C. 3743.53(B).
(b) No licensed exhibitor of fireworks shall conduct a fireworks exhibition unless a permit has been secured for the exhibition pursuant to Section 1308.02 or if a permit so secured is revoked by the Fire Chief or Fire Prevention Officer and Police Chief pursuant to that section.
(c) No licensed exhibitor of fireworks shall acquire fireworks for use at a fireworks exhibition other than in accordance with Ohio R.C. 3743.54 and 3743.55.
(d) No licensed exhibitor of fireworks or other person associated with the conduct of a fireworks exhibition shall have in his possession or under his control, or be under the influence of, any intoxicating liquor, beer or controlled substance while on the premises on which the exhibition is being conducted.
(Ord. 46-87. Passed 8-3-87.)
(Ord. 46-87. Passed 8-3-87.)
1308.04 POSSESSION, SALE OR DISCHARGE PROHIBITED; EXCEPTIONS.
(a) No person shall possess fireworks in this City or shall possess for sale or sell fireworks in this City, except a licensed manufacturer of fireworks as authorized by Ohio R.C. 3743.02 to 3743.08, a licensed wholesaler of fireworks as authorized by Ohio R.C. 3743.15 to 3743.21, an out-of-state resident as authorized by Ohio R.C. 3743.44, a resident of this State as authorized by Ohio R.C. 3743.45, or a licensed exhibitor of fireworks as authorized by Ohio R.C. 3743.50 to 3743.55 and Section 1308.02 and except as provided in Section 1308.05.
(c) No person shall use in a theater or public hall, what is technically known as fireworks showers, or a mixture containing potassium chlorate and sulphur.
(d) No person shall sell fireworks or sparklers of any kind to a person under eighteen years of age.
(e) No person shall advertise fireworks for sale. A sign located on the seller's premises identifying him as a seller of fireworks is not the advertising of fireworks for sale.
(Ord. 46-87. Passed 8-3-87.)
(Ord. 46-87. Passed 8-3-87.)
1308.05 EXCEPTIONS.
This chapter does not prohibit or apply to the following:
(a) The manufacture, sale, possession, transportation, storage or use in emergency situations, of pyrotechnic signaling devices and distress signals for marine, aviation or highway use;
(b) The manufacture, sale, possession, transportation, storage or use of fusees, torpedoes or other signals necessary for the safe operation of railroads;
(c) The manufacture, sale, possession, transportation, storage or use of blank cartridges in connection with theaters or shows, or in connection with athletics as signals or for ceremonial purposes;
(d) The manufacture for, the transportation, storage, possession or use by, or sale to the Armed Forces of the United States and the militia of this State of pyrotechnic devices;
(e) The manufacture, sale, possession, transportation, storage or use of toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive material are used, provided that they are constructed so that a hand cannot come into contact with a cap when it is in place for explosion, or apply to the manufacture, sale, possession, transportation, storage or use of those caps;
(f) The manufacture, sale, possession, transportation, storage or use of novelties and trick noisemakers, auto burglar alarms or model rockets and model rocket motors designed, sold and used for the purpose of propelling recoverable aero models;
(g) The manufacture, sale, possession, transportation, storage or use of sparklers on a wire stick, as this term is defined in the regulations of the United States Department of Transportation.
(Ord. 46-87. Passed 8-3-87.)
(Ord. 46-87. Passed 8-3-87.)
1308.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree for a first offense and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.
(Ord. 46-87. Passed 8-3-87.)
(Ord. 46-87. Passed 8-3-87.)
1309.01 PLUMBING STANDARDS ADOPTED; EXCEPTIONS.
(a) It is the purpose of this chapter to adopt standards and methods regarding plumbing installation, maintenance, testing, inspection and enforcement of all plumbing installations in the City of Fairborn. All plumbing installed to serve any building or premises located within the City of Fairborn shall be installed to comply with the current "Regulations for Plumbing in Greene County General Health District" and the current requirements of the Ohio Administrative Code Section 4101:2-51. The Greene County Health Department shall be responsible for enforcing the provisions of these standards. Persons installing plumbing to building or premises within the City of Fairborn shall comply with provisions of "Regulations for Plumbing in Greene County General Health District" for obtaining permits, inspections and registry of contractors.
(b) The following exceptions to these provisions shall apply.
(1) Any plumbing installed by the City of Fairborn which is under the control and is maintained by the City.
(2) Any sewer lateral or water lateral which is run from the City's main to a building or premise. Such laterals shall be installed as regulated in Part Nine of the Codified Ordinances of the City of Fairborn, and any rules promulgated in accordance with Part Nine of the City's Ordinances. Inspection and enforcement of these regulations shall be the responsibility of the City of Fairborn.
(Ord. 42-90. Passed 9-4-90.)
(Ord. 42-90. Passed 9-4-90.)
1309.99 PENALTY.
Any person, firm or corporation violating any provision of this chapter shall be fined as provided for in the "Regulations for Plumbing in Greene County General Health District" or in the Ohio Revised Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 42-90. Passed 9-4-90.)
(Ord. 42-90. Passed 9-4-90.)
1311.01 GENERAL PROVISIONS; FEES NOT SPECIFICALLY PROVIDED FOR.
(a) The provisions of this chapter shall apply to the methods of computing fees for permits, certificates and inspections required for the construction, alteration, repair, removal, demolition, use, location, occupancy and maintenance of all classes of buildings and structures and their service equipment, whether existing or proposed.
(b) Fees for permits for regulated construction, alteration, repair, removal, demolition, use, location, occupancy and maintenance of all classes of buildings and structures, not specified by this chapter or other City ordinance, shall be established by the City Manager, upon the recommendation of the Building Department.
https://www.fairbornoh.gov/government/development services/building code inspection division/applications permits fees.php.
(Ord. 21-25. Passed 9-2-25.)
1311.02 PERMITS REQUIRED.
(a) A building permit shall be required for any of the following types of work:
(1) Any new structure, addition or other roofed area, except one-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed two hundred (200) square feet.
(2) Any remodeling where one of the following are involved:
A. Bearing partitions are installed, removed or altered;
B. Partitions are installed, removed or altered so as to affect egress or an occupancy change;
C. Partitions are installed, removed or altered so as to affect heating or electrical runs.
D. Replacement of the dry wall or covering of interior walls.
(3) Any new fireplace, wood stove or chimney installation.
(4) Any new or altered stairway.
(5) Any new basements or basement enlargements or basement finishing as habitable space.
(6) Any new masonry façade installations.
(7) Any new retaining wall, over four (4) foot in height.
(8) Any change in occupancy including the addition of new apartment units in an existing structure.
(9) Decks.
(10) Fire suppression system.
(11) Smoke detection or fire alarm system.
A. Above ground pool that will hold contains water over twenty-four (24) inches deep.
B. All in ground pools.
(14) Television towers and satellite dish antennae; wireless telecommunication facilities as defined and further regulated by Chapter 1127 of the Zoning Code.
(15) Tents - for assembly use.
(b) An electrical permit shall be required for any of the following types of work:
(1) Any extension or alteration of an existing electrical circuit.
(2) Any installation of a new electrical circuit.
(3) Any installation or alteration of the service equipment.
(c) A heating permit shall be required for any of the following types of work:
(1) Any extension or alteration of air ducts. [Remodel Only]
(2) Any replacement of heating or cooling equipment.
(3) Any installation of new or additional heating or cooling equipment.
(4) Fuel Gas piping in Commercial or Residential construction as covered in the Ohio Building Code and the Residential Code of Ohio.
(5) Any exhaust systems for garages, kitchen hoods or similar systems.
(Ord. 11-10. Passed 5-20-10.)
1311.03 BUILDING CONSTRUCTION, ALTERATION OR REPAIR PERMITS.
(a) Fees for permits for the construction, extension, alteration or repair of any building or structure shall conform to the following table. For the purpose of determining permit fee, the estimated value of construction for the new buildings and additions shall be calculated using the most recent price per square foot for similar use groups and construction types derived from the Building Valuation Data (BVD) released by the International Code Council (ICC).
(b) The ICC releases an updated BVD biannually in February and August each year. The Chief Building Official, Department Head, and City Manager may evaluate, verify, and implement the biannual ICC BVD report impact on permit fees and adjust accordingly. The implementation of ICC's February report shall be implemented on March 1st of the year it is released. The implementation of ICC's August report shall be implemented on September 1st of the year it is released.
Cost of Work to be Done | Fee |
Less than $5,000.00 | $45.00 |
$5,000.01 to $250,000.00 | 45.00 plus 7.00 for each $1,000 cost or fraction thereof in excess of $5,000 |
$250,000.01 to $1,000,000 | 1,760.00 plus 4.00 for each $1,000 cost or fraction thereof in excess of $250,000 |
$1,000,000 up | 4,760.00 plus 3.00 for each $1,000 cost or fraction thereof in excess of $1,000,000 |
Processing/Application Fee | $15.00 |
Special Inspection Fee | $75.00/hour |
Additional Three percent (3%) pursuant to Ohio Building Code for Commercial projects: | |
Additional One percent (1%) pursuant to Residential Code of Ohio for Residential projects: | |
Service | Fee (each) |
**Re-inspection fee (FCO 1311.14) | $100.00 |
Fire Suppression/Sprinkler/Alterations fee | $275.00 plus $0.07 per sq. ft. |
Fire Alarm | $275.00 plus $3.00 per device |
Hood Suppression | $275.00 plus $75.00 per additional unit |
Underground Fire Main | $275.00 plus $0.07 per linear ft. over 100 ft. |
Each additional gas meter or opening | $5.00 |
Commercial Plan Review | Current hourly rate |
(Ord. 21-25. Passed 9-2-25.)
1311.04 DEMOLITION PERMITS.
Permit fees for demolition of residential building or structure shall be one hundred dollars ($100.00). Permit fees for demolition of commercial building or structure shall be one hundred fifty dollars ($150.00) plus five dollars ($5.00) per 1,000 square feet or fraction thereof of total floor area of a building, or projected gross area of a structure, using outside dimensions. In computing total floor area, the floor areas of each story, except basement, shall be added together, using outside dimensions. A separate permit shall be required for each separate building or structure.
(Ord. 21-25. Passed 9-2-25.)
1311.05 MOVING BUILDING PERMITS.
The fee for a permit to move any building shall be one hundred dollars ($100.00).
(Ord. 21-25. Passed 9-2-25.)
1311.06 CERTIFICATES OF USE AND OCCUPANCY.
(a) The fee for a replacement copy of certificate of use and occupancy for an existing building where there is no change of occupancy or inspection necessary shall be twenty dollars ($20.00).
(b) The fee for a certificate of use and occupancy for an existing building when a change in the class of occupancy is involved but no permit for renovation is required shall be fifty dollars ($50.00) and includes an inspection.
(c) When a permit is required to facilitate a new occupancy or a change in occupancy the Building Inspector shall upon completion of the final inspection of the premises issue a certificate of use and occupancy. There shall be no additional charge for the certificate of occupancy. (Ord. 39-06. Passed 11-6-06; Ord. 21-25. Passed 9-2-25.)
1311.07 COMMENCING WORK PRIOR TO PERMIT ISSUANCE.
Where a permit is required for a particular type of work and such work is commenced on a project before taking out a permit, the Building Inspector shall ascertain whether the work performed prior to the permit date and inspection conforms to the Building Code requirements as prescribed.
The fee for making such necessary investigations prior to issuance of a permit shall be equal to the fee for the permit and shall be in addition thereto, but in no event shall such investigation fee exceed five hundred dollars ($500.00). The payment of such fee shall not relieve any person from fully complying with Building Code requirements in the execution of the work, nor from any penalty prescribed.
(Ord. 39-06. Passed 11-6-06.)
1311.08 SPECIAL AND SAFETY INSPECTIONS.
When any person shall desire an inspection and/ or report for any existing building or part thereof, or other special services, a fee of seventy-five dollars ($75.00) for the first hour and fifty dollars ($50.00) an hour for every hour thereafter or portion thereof shall be charged for such inspection or services, report preparation, or other requested presentations. A same day inspection shall cost one hundred fifty dollars ($150.00). An inspection outside of normal City business hours (8:00 a.m. to 5:00 p.m.) shall be one hundred fifty dollars ($150.00) for a three-hour minimum and seventy-five dollars ($75.00) an hour for every hour thereafter.
(Ord. 21-25. Passed 9-2-25.)
1311.09 REINSPECTION.
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 to keep an appointment, or for similar reasons, no fee shall be charged for the first reinspection but a fee of one hundred dollars ($100.00) may be charged at the discretion of the Building Inspector for each additional such reinspection or extra trip.
(Ord. 21-25. Passed 9-2-25.)
1311.10 ELECTRICAL PERMIT FEES.
Fees for electrical permits shall conform to the following table:
Processing/Application Fee $15.00
Special Inspection Fee (survey fees/fire damage) $75.00/hour
Additional Three percent (3%) pursuant to Ohio Building Code for Commercial projects:
Additional One percent (1%) pursuant to Residential Code of Ohio for Residential projects:
Service | Fee (Each) |
New Service/Change/Reconnect - 60 - 200 amp and final inspection (DP&L Customers require meter spot) 1-800-424-5578 or 1-937-331-4680 | $50.00 |
New Service/Change/Reconnect - 201 - 400 amp and final inspection | $60.00 |
New Service/Change/Reconnect 401 - 1000 amp and final inspection | $100.00 |
New Service/Change/Reconnect - 1,001 amp & up and final inspection | $150.00 |
News Construction, Expansion, Alterations for Residential | $75.00 plus $0.05 per sq. ft. |
New Construction, Expansion, Alterations for Commercial | $175.00 plus $0.07 per sq. ft. |
Solar Panel | $60 plus $3 per panel |
Solar Panel Inverter | $200 |
EV Charging Station | $75/$200 (Residential/Commercial) |
Sub-panels (each) | 20.00 |
Temporary Pole (each) | $60.00 |
Trench/Ceiling/Slab (each) | $40.00 |
Rough Inspection (Limited to 2 inspections - re-inspection fee thereafter) | included |
Final inspection (limited to 2 inspections - re-inspection fee thereafter) | included |
Pool (Above ground) or Hot Tub/Spa | $50.00 |
Pool (In ground) | $100.00 |
Transformers/Generators (each) | $50.00/$200.00 (Residential/Commercial) |
Re-inspection Fee | $100.00 |
Commercial Electric Plan Review | (current hourly rate) |
(Ord. 21-25. Passed 9-2-25.)
1311.11 ELECTRICAL; REINSPECTION FEE.
The minimum fee for any electrical reinspection shall be one hundred dollars ($100.00). Where additional inspections or trips are made necessary by incomplete or faulty work, an incorrect address given, or failure to keep an appointment, or similar reasons, no fee shall be charged for the first reinspection but a fee of one hundred dollars ($100.00) may be charged at the discretion of the Building Official for each additional reinspection or extra trip.
(Ord. 21-25. Passed 9-2-25.)
1311.12 COMMENCING OF WORK PRIOR TO ISSUANCE OF ELECTRICAL PERMIT.
The fee for making necessary investigations prior to issuance of an electrical permit shall be equal to the fee for such permit and shall be in addition thereto, but in no event shall such investigation fee exceed five hundred dollars ($500.00).
(Ord. 39-06. Passed 11-6-06.)
1311.13 MECHANICAL PERMIT FEES.
Fees for mechanical permits shall conform to the following table:
Processing/Application Fee | $15.00 |
Special inspection fee (survey fees/fire damage) (FCO 1311.08) | $75.00/hour |
Additional Three percent (3%) pursuant to Ohio Building Code for Commercial projects: | |
Additional One percent (1%) pursuant to Residential Code of Ohio for Residential projects: | |
Mechanical/HVAC Permit Table Applicable to Residential and Commercial | Fee (Each) |
** Re-inspection fee (FCO 1311.14) | $100.00 |
** Rough inspection (i.e. trench, above ceiling) | Included |
** Final inspection | Included |
* Replacement or new furnace/AC/heat pumps existing residential (each) | $50.00 |
New Furnace/AC/heat pumps new residential (each) | $100.00 |
Exhaust fans (each) | $30.00 for 4 runs |
*Duct work extensions or re-locations, remodel and additions only | $30.00 for up to 4 runs |
* Fireplace inserts/gas, wood or propane or liner install (each) | $40.00 |
Unit heaters/miscellaneous equipment (each) | $50.00 |
All Fuel Gas piping including LP Gas | $60.00/$90.00 |
Heating and cooling (interior or roof top units) (each) | $150.00 plus $50.00 per unit |
Smoke detector shut down | $60.00 |
Fire dampers (1-10) | $40.00 |
Hydronic & refrigeration systems | $60.00 |
*Note: Cost of permit includes one inspection.
** Note: Inspection is limited to two (2) trips; initial inspection and one (1) re-inspection, if required. Any subsequent inspections will require payment of a re-inspection fee of one hundred dollars ($100.00) before any re-inspection can be made.
(Ord. 21-25. Passed 9-2-25.)
1311.14 MECHANICAL REINSPECTION FEE.
Permit inspection fees provide for customary inspection only. Where additional inspections are made necessary by incomplete or faulty work, or because of an incorrect address given, or failure to keep an appointment, or for similar reasons, no fee shall be charged for the first re-inspection, but a fee of twenty dollars ($20.00) may be charged at the discretion of the Building Official or his designee for each additional re-inspection or extra trip.
(Ord. 39-06. Passed 11-6-06.)
(Ord. 39-06. Passed 11-6-06.)
1311.15 PLAN REVIEW FEE.
In addition to any other fees specified in this chapter, any person or persons submitting plans requiring review under the Ohio Building Code shall pay a plan review fee. Prior to issuance of a building permit, the plan review fee shall be assessed at the current rate for plan review, and is based upon time necessary for the particular plan review. Any actual costs for processing plans shall also be charged.
(Ord. 21-25. Passed 9-2-25.)
1311.16 REFUNDS.
Any person wishing a refund of fees paid under this chapter, except registration shall be entitled to a refund under the following conditions:
(a) The permit holder shall request the refund in writing.
(b) The permit holder shall return the permit and receipt.
(c) The permit holder shall have started no work on the project.
(d) The permit shall not be expired.
In such cases, the permit fees assessed by this chapter shall be fully refundable, except for a twenty-five dollar ($25.00) processing fee and fees collected for plan review.
(Ord. 39-06. Passed 11-6-06.)
1311.99 PENALTY.
Whoever violates any section of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety days or both. No person shall be imprisoned under any section of this chapter for the first offense, and the prosecution shall always be as if for a first offense unless the affidavit upon which the prosecution is initiated contains the allegation the offense is a second or repeated offense. Each day's continuance of the violation shall constitute a separate offense.
(Ord. 39-06. Passed 11-6-06.)
1313.01 PURPOSE.
The purpose of this chapter is to provide minimum qualification standards through the registration of Electrical and Mechanical contractors to better protect the health, safety, property and welfare of, and to better assure the consumer, general public, city, owners and occupants of building, during and after construction, in compliance with the requirements of Ohio R.C. 715.27.
(Ord. 39-06. Passed 11-6-06.)
1313.02 REGISTRATION REQUIRED; TYPE OF WORK COVERED.
(a) Pursuant to Chapter 4740 of the Ohio Revised Code, no person, firm, partnership, corporation, association or other legal entity, or any combination thereof shall undertake individually, or for another, or to engage for compensation in the installation or alteration of electrical, heating and ventilation, and air conditioning within the City of Fairborn, until such person, firm, partnership, corporation, association or other legal entity, or any combination thereof, has been duly registered by the City to perform such work.
(b) Contractors that provide the service of installing, sizing and testing Fuel gas line shall be registered to perform such work or licensed pursuant to part of this section.[Mechanical and/or Plumbing Contractors]
(c) The registration requirement applies to both commercial and residential construction locations within the City.
(Ord. 39-06. Passed 11-6-06.)
1313.03 ADMINISTRATION OF APPLICATIONS.
Applicants for registration to engage in or work at the trades, businesses, or professions enumerated in this chapter shall make application for a registration at the City Building Inspection Department on forms prescribed by the Chief Building Inspector.
(Ord. 39-06. Passed 11-6-06.)
1313.04 REGISTRATION FORMS AND FEES.
(a) Forms and applications for all registrations and renewal shall be prepared, kept on file, and supplied as needed by the Building Inspection Department. Each registration issued shall bear the signature of the Chief Building Official or his/her designate. All applicants for registration under this chapter shall furnish the following information on the registration application:
(1) If applicant is a corporation, full and accurate corporate name, date and place of incorporation, names and address (es) of corporate offices and statutory agents and federal and state tax identification numbers.
(2) If applicant is other than a corporation, owners’ or individuals’ name(s) and address (es).
(3) If the applicant conducts business under a trade or fictitious name, or is a partnership, applicant must include the businesses full and complete trade name, home office, business address, and the names of all persons doing business under such name.
(4) Copy of applicant’s state licenses issued under ORC Chapter 4740.
(5) Certificate showing proof of registration with the City of Fairborn Municipal Income Tax Department. Relevant proof of such registration shall be provided in a manner prescribed by the Income Tax Department.
(b) A one hundred dollar ($100.00) registration fee shall be made with each registration or renewal application. Registration/fees are non-refundable.
(Ord. 39-06. Passed 11-6-06.)
1313.05 REGISTRATION EXPIRATION.
Such registration to be issued to such applicant or applicants shall expire on December 31, at midnight, of each year for which the same shall be issued.
(Ord. 39-06. Passed 11-6-06.)
1313.06 REVOCATION, SUSPENSION OR NON-RENEWAL.
Any applicant’s registration may be suspended, revoked or not renewed for any one or more of the following reasons:
(a) Faulty or defective workmanship.
(b) Failure to timely complete work or project.
(c) Noncompliance with the provisions of the prevalent adopted code.
(d) For any other reason as determined by the Chief Building Official who constitutes good cause shown as provided in Section 715.27 of the Ohio Revised Code.
(Ord. 39-06. Passed 11-6-06.)
(Ord. 39-06. Passed 11-6-06.)
1313.07 REVOCATION, SUSPENSION OR NON-RENEWAL; APPEAL TO COUNCIL.
(a) Notice in writing by the Chief Building Official shall be given to the applicant, at the address listed in his or her application, five or more days before any registration may be revoked or the decision to not renew the applicant’s registration becomes effective. The Chief Building Official is invested with the authority to revoke, suspend or not renew registration when he or she has determined that one or more of the grounds, as specified in this chapter, for revocation, suspension or nonrenewable exists.
(b) An appeal from the findings and decision of the Chief Building Official shall be heard before City Council, provided the applicant files such appeal in writing with the Clerk of Council within ten days of the date of the Chief Building Official’s decision.
(c) If, in the opinion of the Chief Building Official or of Council upon an appeal, a registration should not be unconditionally renewed or reinstated, the Chief Building Official or Council may require the applicant to post a surety bond prior to the renewal or reinstatement of the registration in an amount not to exceed $100,000 and in a form prescribed by and in favor of the City wherein the applicant guarantees to comply with the provisions of this chapter and the other provisions contained in the Codified Ordinances of the City.
(Ord. 39-06. Passed 11-6-06.)
1313.08 EXCEPTIONS TO REGISTRATION.
(a) This chapter shall not apply to any individual person or persons who shall perform any of the work herein listed upon his or her own premises, house or building, or the premises, house or building of which they own and reside or intend to reside. However, such person shall obtain a permit pursuant to Chapter 1311 and submit such work to the inspection process as required. The owner shall sign an affidavit that he/she meets the residence requirements of this section.
(b) This chapter shall not apply to officials or employees of the Municipality engaged in municipal work or to officials or employees of public utilities in such work for such public utilities as they are authorized by law to furnish or provide.
(Ord. 39-06. Passed 11-6-06.)
1313.99 PENALTY.
Any person violating any provision of this chapter shall be fined not more than five hundred dollars ($500.00), imprisoned for not more than six months, or both. Each day’s violation shall constitute a separate offense.
(Ord. 39-06. Passed 11-6-06.)
1314.01 DEFINITIONS.
For the purposes of this Chapter, the words and phrases defined in the sections hereunder shall have the meanings respectively ascribed to them herein unless a different meaning is clearly indicated by the context:
(a) "Client" means a person who receives a Massage Treatment for a fee or any consideration whatsoever.
(b) "Director" means the Fairborn Director of Development Services or designee.
(c) "Employee" means any person who is employed by, or renders service at, a Massage Establishment for compensation. "Employee" includes a contract employee, freelance employee, temporary employee, or an independent contractor.
(d) "Exempt" means a person who provides a Massage as a portion of and incidental to services in accordance with a license issued by any of the following:
(1) The Ohio State Cosmetology and Barber Board or its predecessors pursuant to Ohio Revised Code Chapter 4709 or 4713;
(2) The State of Ohio Board of Nursing pursuant to Ohio Revised Code Chapter 4723;
(3) The Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board pursuant to Ohio Revised Code Chapter 4755;
(4) The Ohio State Chiropractic Board pursuant to Ohio Revised Code Chapter 4734;
(5) The State Medical Board of Ohio pursuant to Ohio Revised Code Chapters 4730 or Chapter 4762;
(6) The State Medical Board of Ohio pursuant to Ohio Revised Code Chapters 4731 except those licensed pursuant to Revised Code Section 4731.15 to practice "massage therapy."
(e) "Licensed" means a person who holds a current massage practitioner license issued by the State Medical Board of Ohio to practice "massage therapy" pursuant to and in accordance with Revised Code Section 4731.15.
(f) "Massage" means the following named subjects and methods of treatment: use of any method on, or friction against, or stroking, kneading, tapping, pounding, vibrating, pressing, compressing, percussing, petrissage, effleurage, tapotement, cupping, stretching, rotating, heating, cooling, or stimulating of, the external soft parts of a living human body, which may be performed with direct or indirect human contact, or with the aid of any electrical, mechanical, or vibratory apparatus, appliance, or other tool or object. The term also includes the use of colon irrigation; tub, shower, or cabinet baths; as well as oil rubs; liniments; antiseptics; powders; creams; lotions; ointments; alcohol rubs; salt glows; hot or cold packs, liquids, or solid objects; or other similar types of substances; upon the external soft parts of a living human body which may be applied by direct or indirect human contact, or with the aid of any electrical, mechanical, or vibratory apparatus, appliance, or other tool or object.
(g) "Massage Establishment" means any establishment having a fixed place of business where a person or entity advertises the availability of, offers, provides, or permits to be carried on, any activity related to or including the provision of a Massage Treatment. A "Massage Establishment" does not include an establishment where all persons who provide a Massage are either Exempt, or Licensed and operating under the authority of a person who is Exempt.
(h) "Massage School" means a facility which meets the minimum standards for training and curriculum as determined by section 4731-1-15 of the Ohio Administrative Code, or the equivalent licensing authority of another state, or is within the public school system of this state.
(i) "Massage Treatment" means providing a fee or any consideration whatsoever for the following services:
(1) Massage;
(2) A method of treatment that involves the application of oil rubs; liniments; antiseptics; powders; creams; lotions; ointments; alcohol rubs; salt glows; hot or cold packs, liquids, or solid objects; or other similar types of substances; upon the external soft parts of a living human body which may be applied by direct or indirect human contact, or with the aid of any electrical, mechanical, or vibratory apparatus, appliance, or other tool or object.
(j) "Mobile Massage" means an activity not having a fixed place of business where a person or entity advertises the availability of, offers, provides, or permits to be carried on, any activity related to or including the provision of a Massage Treatment. "Mobile Massage" includes outcall or traveling "Massage Treatment" and can be separated into two different categories: corporate or residential.
(k) "Registration Certificate" means a certificate of registration issued by the City of Fairborn to a Massage Establishment.
(l) "Therapist" means a person who is Licensed to provide a "Massage Treatment."
(Ord. 48-18. Passed 11-5-18.)
1314.02 REGISTRATION REQUIRED.
After the effective date of this revised Chapter, all Massage Establishments and Mobile Massage practitioners operating in the City of Fairborn shall obtain a Registration Certificate for a Massage Establishment to operate on or before March 31, 2019. No person shall operate a Massage Establishment or practice Mobile Massage without a Registration Certificate. A registration is not required for a Massage School or individuals who are performing Massage Treatment as part of their curriculum.
(Ord. 48-18. Passed 11-5-18.)
1314.03 REGISTRATION PROCESS AND FEE.
(a) A person who wishes to obtain a Registration Certificate for a Massage Establishment shall submit a registration application to the Director and pay a reasonable registration fee in an amount set by the Director and determined to be sufficient to pay the cost of administering this Chapter.
(b) The registration application shall be in a form designated by the Director and shall include all the following:
(1) Full legal name and current residential address of the applicant;
(2) The address of the proposed Massage Establishment or Mobile Massage practitioner;
(3) A list of services to be offered at the Massage Establishment or Mobile Massage practitioner;
(4) The full name of any person who will provide Massage Treatments at the Massage Establishment or in performing Mobile Massage;
(5) Sufficient information to identify the License for each Therapist.
(6) The website of the massage services establishment or mobile massage practitioner, if applicable.
(c) The Director shall issue a Registration Certificate unless the Director finds:
(1) The registration application is incomplete or contains inaccurate or fraudulent information;
(2) The License of the Therapist or anyone identified who will provide Massage Treatments cannot be verified;
(3) Within two years before the date the application is submitted, the applicant, or any Therapist listed on the registration application, was the applicant for a Registration Certificate that was revoked or denied. Nothing herein prohibits the Director from issuing a Registration Certificate for a previously-denied application that has been substantially modified.
(4) Both a Zoning Certificate and Certificate of Occupancy have not been issued for the Massage Establishment.
(d) The registration applications shall be submitted and approved before a Massage Establishment or Mobile Massage practitioner can be operated and massage services offered.
(e) Massage Establishments or Mobile Massage practitioners that were in operation prior to the effective date of this section must submit a registration application not later than ninety (90) days after the effective date of this section.
(f) The Director shall send, by First Class U.S. Mail addressed to the applicant, either a Registration Certificate or a written statement no later than thirty (30) days after the submission that the application was denied and the reason therefore.
(g) Any person who has been denied a Registration Certificate may appeal such denial in accordance with Section 1314.06.
(Ord. 48-18. Passed 11-5-18.)
1314.04 REGISTRATION DISPLAY, EXPIRATION, RENEWAL, AND DUTY TO UPDATE.
(a) Each Registration Certificate shall be signed by the Director and shall contain the following information:
(1) The name of the applicant to whom the Registration Certificate is issued;
(2) The name and address of the Massage Establishment or the Mobile Massage Practitioner;
(3) The full name of each Therapist identified in the Application; and
(4) The effective date of the Registration Certificate.
(b) Each Registration Certificate shall be displayed in a conspicuous location readily visible to a person entering the Massage Establishment through a public entrance. Mobile Massage practitioners shall carry a copy of the Registration Certification when performing Massage Treatment within the city limits
(c) Each Registration shall be valid for two (2) years from the date it is issued.
(d) A person who operates a Massage Establishment shall notify the Director when a new Employee who will provide Massage Treatments begins working at the Massage Establishment. The notice shall be received by the Director no more then fifteen (15) days after the first day the Employee provides a Massage Treatment in the Massage Establishment.
(e) No more than ninety (90) days but not less than seven (7) days before expiration of the Registration Certificate, the applicant shall submit a new registration application and pay the fee in accordance with Section 1314.03.
(f) A Registration Certificate shall not be transferable. If ownership or operation of Massage Establishment transfers, the Registration Certificate shall automatically expire.
(Ord. 48-18. Passed 11-5-18.)
1314.05 INSPECTIONS.
(a) Any person having jurisdiction to enforce the provisions of this Chapter may enter the public entrance of a Massage Establishment without notice during all hours of operation for the purpose of verifying that a valid Registration Certificate is displayed in accordance with this Chapter, that the City has timely received the full name of any person providing Massage Treatments in order to verify the License of each, and that all other provisions of the herein Chapter have been satisfied.
(b) Inspections shall be conducted at least once per year to determine compliance with this Chapter.
(c) A Massage Establishment shall be given 10 days from the date of inspection to correct any violations of this Chapter.
(Ord. 48-18. Passed 11-5-18.)
1314.06 ADMINISTRATIVE APPEAL.
(a) A person who has filed a completed registration application and has been denied a Registration Certificate, or who has had a Registration Certificate revoked, may appeal that denial or revocation within fifteen (15) days of the denial or revocation thereof by filing a written statement with the City Manager's office. The written statement shall include the applicant's full name and contact information (including mailing address, phone number, and email addresses), and shall state the basis for such appeal, including a summary of all relevant facts and circumstances.
(b) The City Manager designee shall review the written statement, shall set a time and a place for an administrative hearing, shall provide reasonable notice prior to such hearing, and shall establish the reasonable procedures therefore. The City Manager or designee shall determine whether to grant or deny the Registration Certificate and shall issue a final determination in writing.
(Ord. 48-18. Passed 11-5-18.)
1314.99 PENALTY.
(a) Whoever violates any provision of this Chapter shall be guilty of a minor misdemeanor.
(b) In addition to the penalties set forth herein, the Director may revoke a Registration Certificate of a Massage Establishment for a violation of any provision of this Chapter. (Ord. 48- 18. Passed 11-5-18.)
1315.01 DEFINITIONS.
For the purposes of this chapter the following definitions shall apply:
(a) "Public Nuisance" any fence, wall, garage, shed, house, building, structure, pole, smokestack or any excavation, basement, cellar, well, cistern or sidewalk subspace or part thereof shall be deemed a public nuisance if it by reason of the condition in which the same is permitted to be or remain, endangers the health, life, limb or property, or causes any hurt, harm, inconvenience, damage or injury to any one or more persons in the City in any one or more of the following particulars:
(1) By reason of being detrimental to the general health of the community;
(2) By reason of being a fire hazard;
(3) By reason of being unsafe for occupancy, or use on, in, upon, about or around the above premises;
(4) By reason of continued vacancy thereby resulting in lack of reasonable or adequate maintenance of structures and grounds and causing deterioration and blighting influence on nearby properties and thereby depreciating the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such structure is situated.
(5) By reason of being abandoned and having one or more conditions which violates a provision of any of the Building and Housing codes of Part Thirteen of the Fairborn Codified Ordinances.
(b) "Owner" any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(Ord. 19-11. Passed 4-4-11.)
(Ord. 19-11. Passed 4-4-11.)
1315.02 INSPECTION OF PUBLIC NUISANCE.
Whenever the Code Official suspects the existence of a public nuisance, as defined in Section 1315.01(a) in the City, he shall promptly cause the premises on which he suspects such public nuisance exists to be inspected. The Fire Chief or designee upon request of the Code Official may inspect or cause the inspection of premises on which a public nuisance is believed to exist. Written reports of such inspection and of his findings with respect to the existence of the public nuisance, as defined in Section 1315.01(a), shall be filed with the Code Official.
(Ord. 19-11. Passed 4-4-11.)
1315.03 NOTICE OF ABATEMENT.
Upon inspection, should the Code Official and/or Fire Chief or designee determine that a public nuisance exists, it shall be the duty of the Code Official to cause photographs of such nuisances to be made and to file and keep in his office the written reports of the findings of the aforesaid officials. The Code Official shall cause a written notice to be served to such owner stating the findings with respect to the existence of a public nuisance and stating that unless the owner or owners thereof shall cause the abatement of the public nuisance by removal of the building or structure the same will be abated by the City at the expense of such owner or owners. Such abatement shall start within fifteen days of notice and shall be complete within forty-five days or such additional time as the Code Official may deem necessary to complete the removal.
(Ord. 19-11. Passed 4-4-11.)
(Ord. 19-11. Passed 4-4-11.)
1315.04 SERVICE OF ABATEMENT NOTICE.
A nuisance abatement notice shall be served personally or by leaving a copy at the usual place of residence of the owner, as defined in Section 1315.01(b) or by United States certified mail with return receipt requested. If such usual place of residence of the owner is not within the City, such copy may be mailed by United States certified mail with return receipt requested. If service of such written notice is not perfected by any of the hereinbefore described methods, then the Code Official shall cause such notice to be published in a newspaper of general circulation in the City, once each week for two consecutive weeks and shall further cause a copy of the aforesaid notice to be left with the person, if any. In possession of such premises on which it is alleged such public nuisance exists or, If there is no person in possession thereof, shall cause a copy of the notice to be posted on the premises.
(Ord. 19-11. Passed 4-4-11.)
1315.05 ABATEMENT PLANS; TIME LIMITATION; COMPLIANCE AGREEMENT.
Within fifteen days of notice, the owner or owners may request to undertake the repairs or replacement of items found to constitute a public nuisance within the City. Adequate plans, specifications and required permits, as required by the Code Official, covering such repairs or replacements must be submitted in writing to the Code Official within fifteen days of abatement notice. The Code Official may deem necessary to extend the time allowed to complete plans and specifications, not to exceed thirty days.
The Code Official shall, upon approval of such plans and specification, shall cause to enter into a compliance agreement with owner or owners. The compliance agreement will include required building and/or zoning permits that shall be obtained, list of all repairs or replacements to be completed as to the specifications required by the Code Official and dates for all repairs or replacements to be completed, not to exceed ninety days.
(Ord. 19-11. Passed 4-4-11.)
1315.06 APPEAL.
The owner or owners may, within fifteen days after the date of notice, submit an application for a hearing on the question of whether in fact a public nuisance, as defined in Section 1315.01(a), exists. The hearing shall be held within twenty days following the receipt of such application and at least five days notice in writing of the hearing shall be given to the owner or owners. Such hearing shall be conducted by the Property Maintenance Appeals Board. All the members of such board must concur that a public nuisance exists before enforcement of the abatement is carried out. A copy of the decision of Property Maintenance Appeals Board shall be promptly served upon the owner or owners in the manner provided in Section 1315.04.
(Ord. 19-11. Passed 4-4-11.)
(Ord. 19-11. Passed 4-4-11.)
1315.07 ABATEMENT BY CITY; DEMOLITION OF STRUCTURE.
(a) Should such nuisance not be abated at the expiration time provided in the nuisance abatement notice or expiration time of the compliance agreement or such additional time as the Property Maintenance Appeals Board may grant, the Code Official shall be authorized at any time thereafter to enter upon such premises to abate the nuisance by demolition and removal of the structure or by taking any other such action as may be required.
(b) In abating such nuisance the City Manager may call upon any department of the City for whatever assistance may be necessary, or may, by private contract, complete the abatement thereof. In abating such nuisances the Code Official may go to whatever extent necessary to complete the abatement of the same and the cost of the abatement action shall be recovered from the owner in the following procedures:
(1) The owner or owners shall be billed directly for the cost of the abatement. The bill for the cost of the abatement, together with an administrative fee of two hundred dollars ($200.00), shall be paid within sixty days after receipt of the bill.
(2) If costs are not so recovered then the City shall cause the cost of the abatement to be levied as an assessment. The Financial Director shall make a written return or statement of the labor charges for abating the public nuisance, the fees of the officers serving such notices, the administrative fee charge and proper description of the premises. The total amount shall be entered upon the tax duplicate and shall be a lien upon such lot or land from and after the date of entry and shall be collected as other taxes and returned to the City.
(Ord. 19-11. Passed 4-4-11.)
1315.08 PENALTY.
Any person found in violation of this code shall be deemed guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00), in addition to the abatement procedures stated in Section 1315.08.
(Ord. 19-11. Passed 4-4-11.)
1315.09 CHAPTER NOT EXCLUSIVE.
This chapter shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the City, but shall be deemed as an enlargement of any authority existing by virtue of the statutes of the State of Ohio or any ordinance heretofore enacted by Council.
(Ord. 19-11. Passed 4-4-11.)
(Ord. 19-11. Passed 4-4-11.)
1323.01 ENCROACHMENTS PROHIBITED.
No encroachment of any kind, type or nature shall be permitted or maintained, nor caused to be permitted or maintained, by any person, persons, partnership or corporation upon any public right of way for streets, alleys or sidewalks.
(Ord. 52-82. Passed 11-15-82.)
(Ord. 52-82. Passed 11-15-82.)
1323.02 PERMIT; REMOVAL.
(a) The City Manager may issue a revocable permit authorizing an encroachment upon a public right of way for streets, alleys or sidewalks, provided such encroachment does not interfere with the public use of such right of way.
(b) Such revocable permit shall provide and be issued upon the condition that it shall terminate and be void thirty days after the permit holder, his heirs, administrators, executors, successors or assigns, receives written notice from the City Manager to remove such encroachment for the reason that the same is interfering with the public use of such right of way.
(c) The permit holder, his heirs, administrators, executors, successors or assigns shall remove or cause the encroachment upon a public right of way for streets, alleys or sidewalks to be removed from such right of way within thirty days after receipt of the notification from the City Manager that such permit has been revoked, and upon the expiration of such thirty-day period, the City may cause the encroachment to be removed.
(Ord. 52-82. Passed 11-15-82.)
1323.03 PERMIT APPLICATION.
The application for a revocable encroachment permit shall be in writing, shall be in the form provided by the City and shall be filed with the City Manager.
(Ord. 52-82. Passed 11-15-82.)
1323.04 PERMIT FEE.
The fee for a revocable encroachment permit authorized by this chapter shall be two dollars ($2.00) and shall be paid upon the issuance of such permit.
(Ord. 52-82. Passed 11-15-82.)
1323.05 EXISTING ENCROACHMENTS.
Encroachments upon public rights of way for streets, alleys and sidewalks, which existed on August 4, 1974, shall be permitted to remain without a permit until such time as more than fifty percent (50%) of the encroachment is destroyed by fire, wind or storm; the encroachment is demolished or removed; or more than fifty percent (50%) of the encroachment is reconstructed or remodeled. Upon the occurrence of any one of such contingencies, such encroachments shall be removed from the public right of way within thirty days, unless a revocable permit therefor is issued pursuant to the provisions of this chapter.
(Ord. 52-82. Passed 11-15-82.)
1323.99 PENALTY.
Whoever violates any section of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety days, or both. No person shall be imprisoned under any section of this chapter for the first offense, and the prosecution shall always be as if for a first offense unless the affidavit upon which the prosecution is initiated contains the allegation the offense is second or repeated offense. Each day's continuance of the violation shall constitute a separate offense.
(Ord. 22-92. Passed 3-16-92.)
1325.01 PURPOSE.
The purpose of this chapter is to establish an abandoned properties program as a tool to protect and preserve our neighborhoods from becoming blighted through the lack of adequate maintenance and security concerns at abandoned structures. The City of Fairborn believes the presence of abandoned properties can lead to neighborhood decline, create public nuisances, contribute to lower property values, and discourage potential buyers from purchasing a home in neighborhoods with abandoned properties.
(Ord. 20-11. Passed 3-21-11.)
1325.02 DEFINITIONS.
For the purpose of this chapter, certain words and phrases used in this chapter are defined as follows:
(a) "Abandoned" means a property that is vacant and is under a current notice of default with any foreclosing entity and/or notice of trustee's sale, is subject to a current foreclosing action, a finding of foreclosure has been issued relative to the property, properties that have been subject of a foreclosure where the title was retained by the beneficiary of a deed of trust involved in the foreclosure, is pending tax assessor's lien sale, has been sold at a sheriff sale, is owned by a foreclosing entity, or has been transferred via a deed in lieu of foreclosure.
(b) "Accessible property" means a property that is accessible through a compromised or breached gate, fence, wall, or other opening proving access.
(c) "Accessible structure" means a house, building or other structure that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons.
(d) "Boarding" means a method of securing an opening to prevent entry.
(e) "Buyer" means any person, partnership, co-partnership, association, corporation, fiduciary or other entity that agrees to transfer anything of value in consideration for property.
(f) "Deed in lieu of foreclosure" means a recorded document that transfers ownership of a property from the mortgagor to the mortgagee.
(g) "Default" means the failure to fulfill a contractual obligation, whether monetary or conditional.
(h) "Distressed" means a property that is the subject of a pending foreclosure suit, has been foreclosed upon by the foreclosing entity, is set for sheriff's sale, has been sold at a sheriff's sale or has been conveyed to the mortgagee via a deed in lieu of foreclosure.
(i) "Evidence of vacancy" means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnection of utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds or shutters, the absence of furnishing or personal items, statements based on observations by neighbors, passersby, delivery agents or government employees that the property is vacant.
(j) "Foreclosing entity" means an entity holding a note secured by a mortgage, an entity holding a lien recorded with Greene County Recorder's Office, a non-government entity that holds an interest in delinquent property taxes, an entity that takes property via a deed in lieu of foreclosure, an entity that has purchased a property from a sheriff's sale, a government entity that accepts property as a result of a government insured mortgage or loan.
(k) "Foreclosure" means the process by which a foreclosing entity seeks a decree of foreclosure from the Greene County Common Pleas Court.
(l) “Mortgage" means an agreement between a mortgagor and a mortgagee by which a mortgagee retains an interest in real estate title as collateral for a loan. This definition applies to any and all subsequent mortgages, i.e., second mortgage, third mortgage, etc.
(m) "Mortgagee" means the person, partnership, co-partnership, association, corporation, lender, fiduciary or any other entity holding a mortgage on a property.
(n) "Mortgagor" means a borrower under a mortgage.
(o) "Owner" any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(p) "Property" means any unimproved or improved real property or portion thereof, situated in the City including any house, building or other structures that may be located on the property regardless of condition.
(q) "Securing" means such measures as may be directed by the City Building Inspection Division that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining or padlocking of gates, the repair or replacement of doors, windows, or other openings.
(r) "Vacant" means a house, building or other structure shall be deemed to be vacant if no person or persons actually or currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s).
(Ord. 20-11. Passed 3-21-11.)
1325.03 REGISTRATION REQUIREMENTS.
For any abandoned real property located within the City of Fairborn, any foreclosing entity that files a foreclosure action, accepts a deed in lieu of foreclosure, buys real property at a Sheriff' Sale, or accepts property as result of a government insured mortgage or loan, within ten days after property becoming vacant, the foreclosing entity shall register the abandoned property with the City of Fairborn Building Inspection Division.
(a) The foreclosing entity shall pay a registration fee of one hundred dollars ($100.00).
(b) It is the responsibility of the foreclosing entity making the initial application for registration and any subsequent applications for registration to provide the following required information;
(1) The name of the foreclosing entity.
(2) The direct mailing address of the foreclosing entity, excluding P.O. boxes.
(3) The statutory agent, address, telephone number and email address for the foreclosing entity.
(4) The name and mailing address of a local property management company as well as the direct contact name, telephone number and email address of the person responsible for the security, maintenance and marketing of the said property.
(c) Registration shall remain valid for twelve months. Should the property remain vacant upon expiration of the initial registration, the foreclosing entity shall complete another application to register the property as an abandoned property and pay an additional one hundred dollars ($100.00) registration fee.
(d) Any person, firm, partnership, co-partnership, association, fiduciary, beneficiary, lender, corporation or any legal entity that has registered a property under this chapter must report any change in registration information required by this chapter, within ten days of the change.
(e) If an abandoned property is identified and found not to be registered with the City of Fairborn, orders will be issued to the foreclosing entity giving ten days to register with the City.
(Ord. 20-11. Passed 3-21-11.)
1325.04 INSPECTION REQUIREMENTS.
At the time of registration an interior/exterior property maintenance inspection shall be scheduled with a Code Official to be conducted within twenty business days from date of registration. Orders to correct shall be issued for any found property maintenance violations.
(Ord. 20-11. Passed 3-21-11.)
1325.05 MAINTENANCE REQUIREMENTS FOR FORECLOSING ENTITIES.
While abandoned properties are required to be registered with the City of Fairborn pursuant to this chapter, such properties are required to be maintained in accordance with the City of Fairborn Codified Ordinances including but not limited to;
(a) Being kept free of grass and weeds in excess of eight inches in height, trash, junk, debris, building materials, any accumulation of newspapers, discarded personal items, indoor furniture, appliances or any other items that give the appearance that the property is abandoned.
(b) Maintained free of graffiti, tagging or similar markings by removing or painting over.
(c) Pools, spas and decorative ponds shall be maintained in a sanitary condition. Pools, spas and decorative ponds must also comply with the barrier requirements of Chapter 1303.03 Section AG105 of the City of Fairborn Codified Ordinances.
(Ord. 20-11. Passed 3-21-11.)
1325.06 SECURITY REQUIREMENTS FOR FORECLOSING ENTITIES.
While abandoned properties are required to be registered with the City of Fairborn pursuant to this Chapter, such properties are required to be maintained in a secure manner so as not to be accessible to any unauthorized persons. Secure manner includes but not limited to;
(a) Closure and locking of windows, doors, gates and any other opening that may allow access to the interior of the property and/or structure(s).
(b) In the case of damaged or broken windows, doors and other openings, they must be repaired or properly boarded to meet the boarding specifications of this Chapter, to prevent entry by unauthorized persons.
(c) Minimum specifications for properly boarding an unsecured opening shall be as followed;
(1) Boarding sheet material shall consist of plywood or OSB with a minimum thickness of half (1/2) inch.
(2) Fasteners shall be a minimum length of two (2) inches of either screws or carriage bolts. The fasteners shall be placed around the perimeter every six (6) inches apart.
(3) The boarding sheet material shall be cut to fit the opening neatly or shall be cut to provide an equal overlap at the perimeter of the opening
(4) Boarding sheet material shall be painted to match primary color of structure.
(Ord. 20-11. Passed 3-21-11.)
1325.07 APPEALS.
Any person directly affected by a decision of the Code Official, notice or order issued under this code shall have the right to appeal to the Property Maintenance Code Appeals Board, provided that a written application for appeal is filed within twenty (20) days after the notice or orders issued to the Code Official.
(Ord. 20-11. Passed 3-21-11.)
1325.08 NUISANCE ABATEMENT.
Any property deemed abandoned pursuant to the terms of this Chapter and not maintained pursuant to the terms of this Chapter and the City of Fairborn Codified Ordinances may be declared a nuisance. Any property declared a nuisance shall have the nuisance conditions abated pursuant to the terms of the Chapter 1315 of the City of Fairborn Codified Ordinances.
(Ord. 20- 11. Passed 3-21-11.)
(Ord. 20- 11. Passed 3-21-11.)
1325.99 PENALTY.
Whoever violates any provision of this code shall be guilty of a misdemeanor and shall be fined in pursuant to the City of Fairborn Codified Ordinance 1331.99.
(Ord. 20-11. Passed 3-21-11.)
1331.100 CODE ADOPTED.
Pursuant to the provisions of Section 2.16 of the City of Fairborn Charter, the International Code Council’s International Property Maintenance Code, 2015 Edition, Chapter One through Eight, published and complied by the International Code Council, is hereby adopted by the City of Fairborn as amended. (Ord. 21-15. Passed 6-15-15.)
1331.101 GENERAL.
These regulations shall be known as the Property Maintenance Code of the City of Fairborn hereinafter referred to as the Property Maintenance Code or “this Code.”
The provisions of this Code shall apply to all existing residential and nonresidential structures and buildings, and all areas of the premises upon which such structures and buildings are located, including any property or premises upon which no structures or building s are located, plus any area or adjacent right-of-way that is between the property boundary line and the curb or edge of pavement, whichever is closer to the property boundary line. The provisions of this Code constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
This Code shall be construed so as to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structure s and premises that do not comply with these provisions shall be altered or repaired as required herein so as to provide a minimum level of health and safety.
If any section, subsection, sentence, clause or phrase of this Code is, for any reason, held to be unconstitutional, then such decision shall not affect the validity of the remaining portions of this Code. (Ord. 21-15. Passed 6-15-15.)
1331.102 APPLICABILITY.
The provisions of this Code shall apply to all matters affecting or relating to structures, buildings, premises, and those areas of applicability as set forth in Section 1331.101.02. Where, in a specific case, different sections of this Code specify different requirements, the most restrictive shall govern.
Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, owner’s authorized agent, operator or occupant shall cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures and premises.
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the codes legally adopted in this jurisdiction.
The provisions in this Code shall not be construed so as to abolish, waive or impair existing remedies of this jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.
Repairs, maintenance work, alterations or installation s which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a safe and workmanlike manner and, if applicable, installed in accordance with pertinent manufacturer's installation instructions.
The provisions of this Code may be waived for existing buildings or structures designated as a historic building or historic structure by any federal or state agency or department, or by the City of Fairborn, and when such building s or structures are determined by the Fairborn Chief Building Official to be safe and such waiver is in the best interest of the public health, safety and welfare.
The codes and standards referenced in this code shall be replaced by the locally adopted code standards listed in Chapter 1338 and considered part of the requirements of this code to the prescribed extent of each such reference.
Exception:
Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.
Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
Requirements necessary for the strength, stability or proper operation of an existing structure or building, or requirements necessary for the operation of equipment or operation of machines necessary for the u se of a building or structure, shall be determined by the Chief Code Official when in the opinion of the Chief Code Official it is necessary to make such determination and when such requirements are not specifically covered by this Code. Any such determination shall be based upon the public safety, health and general welfare.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. (Ord. 21-15. Passed 6-15-15.)
1331.103 DUTIES AND POWERS OF THE CHIEF CODE OFFICIAL.
The Chief Code Official, or his/her designee, shall enforce the provisions of this code.
The Chief Code Official shall have the authority to make or cause to be made all inspect ions required or necessitated by this Code, and shall accept and receive reports of inspection by approved agencies or individuals. Upon written approval of the Fairborn City Manager, the Chief Code Official is authorized to engage expert opinions as deemed necessary to report upon unusual technical issues that may arise in the course of administering or enforcing the provisions of this Code.
Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the chief code official has reasonable cause to believe that there exists in a structure or upon a premises a conditional in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.
The Chief Code Official and all Code Enforcement Officers and or Code Enforcement Specialists shall carry proper identification when inspecting structures, buildings or premises in the performance of their duties under this Code.
The Chief Code Official, or his/her designee, shall have authority to issue all notices and orders necessary for compliance with and enforcement of this Code.
The Code Official shall keep official records of all business and activities of the division specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.
(Ord. 21-15. Passed 6-15-15.)
1331.104 APPROVAL.
Whenever there are practical difficulties involved in carrying out the provisions of this code, the Chief Code Official shall have the authority to grant modifications for individual cases upon application of the owner or owner’s authorized agent, provided the Chief Code Official shall first find that the special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the division files.
The provisions of this Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Code, provided that any such alternative has been approved by the Chief Code Official. An alternative material or method of construction shall be approved where the Chief Code Official finds such material or method is satisfactory and complies with the intent of the provisions of this Code, is for the purpose intended, and, if applicable, is at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved.
When, upon the determination of the Chief Code Official, there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, upon approval of the City Manager, the Chief Code Official shall have the authority to require tests as evidence of compliance to be made at no expense to the City of Fairborn.
Test Methods.
Test methods shall be as specified in this Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Chief Code Official shall approve the testing procedure s and any entity proposed to conduct the test.
Test Reports.
Reports of tests shall be retained by the Chief Code Official for at least the period required for retention of applicable public records.
The use of used materials that meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the Chief Code Official.
Materials, equipment and devices approved by the Chief Code Official shall be constructed and installed in accordance with such approval.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from an approved source. (Ord. 21-15. Passed 6-15-15.)
1331.105 VIOLATIONS.
It shall be unlawful for any person, firm or corporation to be in conflict with or in violation of any of the provisions of this Code. No person shall fail or refuse to comply with any order of the Chief Code Official, or his/her designee.
The Chief Code Official, or his/her designee, shall serve any notice of violation or order in accordance with Section 1331.106.
Any person found in violation of this code shall be deemed guilty of a misdemeanor as determined by the local municipality, and the violation shall be deemed a strict liability offense. The code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
Whoever is convicted of or pleads guilty to a violation of any provision of this Code, shall be guilty of a misdemeanor and fined no less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00). Any such violation shall be a strict liability offense (malum prohibitum) and no proof of intent shall be necessary. Each day that a violation continues after notice has been served shall be deemed a separate offense.
Any person who commits a violation of this Code, after having been previously convicted by the Court on two (2) separate occasions for committing a violation of this Code within a twenty-four (24) month period, shall be guilty of a misdemeanor and shall be fined not less than five hundred dollars ($500.00) and no more than one thousand dollars ($1,000.00).
The imposition of the penalties herein prescribed shall include the appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(Ord. 21-15. Passed 6-15-15.)
1331.106 NOTICES AND ORDERS.
Whenever the Chief Code Official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, then notice shall be given to the owner and owner’s authorized agent, operator or occupant responsible therefore in the manner prescribed in Sections 1331.107.2 and 1331.107.3. Notices for condemnation procedures shall also comply with Section 1331.109.3.
1. Be in writing;
2. Include a description of the property sufficient for identification;
3. Include a statement of the violation or violations and why the notice is being issued;
4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the building, structure, equipment , premises or property, as the case may be, into compliance with the provisions of this Code; and
5. Inform the owner or owner’s authorized agent of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 1331.105.3.
Such notice shall be deemed to be properly served if a copy thereof is:
1. Delivered personally; or
2. Sent by certified or first-class mail addressed to the last known address; or
3. Served to the owner or upon the person responsible for the structure or premises, or
4. Posted in a conspicuous place in or about the structure or premises affected by such notice.
Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the Chief Code Official.
Penalties for noncompliance with orders and notices shall be as set forth in Section 1331.105.
It shall be unlawful for the owner of any structure or building who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, or other such entity receiving the ownership of the building or structure a true and accurate copy of any such order or notice of violation issued by the Chief Code Official.
(Ord. 21-15. Passed 6-15-15.)
1331.107 UNSAFE STRUCTURES AND EQUIPMENT.
When a structure or equipment is found by the Chief Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
A structure is unfit for human occupancy whenever the Chief Code Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.
5. The building or structure, or part of the building or structure, which because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.
6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
9. A building or structure, used or intended to be used for dwelling purposes, which because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the Chief Code Official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
10. Any building or structure, which because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the Chief Code Official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Chief Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the Chief Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource.
The Chief Code Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 1331.102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The Chief Code Official shall notify the servicing utility and, whenever possible, the owner or owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner’s authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
Whenever the Chief Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner’s authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 1331.106.3. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 1331.106.2.
Upon failure of the owner, owner’s authorized agent or person responsible to comply with the notice provisions within the time given, the Chief Code Official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
The Chief Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Chief Code Official shall be subject to the penalties provided by this code.
Any occupied structure condemned and placarded by the Chief Code Official shall be vacated as ordered by the Chief Code Official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner’s authorized agent or person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
The owner, owner’s authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the Chief Code Official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
The Chief Code Official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
(Ord. 21-15. Passed 6-15-15.)
1331.108 VACANT BUILDINGS AND PREMISES.
Every foundation, exterior floor, exterior wall and roof of every unoccupied or vacant dwelling shall be maintained and be kept in good repair and in such safe condition so as to make interior areas weather tight, watertight and rodent proof so as to prevent the structures from becoming harbors for rats, vermin or insects, to prevent unauthorized entry of the structures and to eliminate unsafe conditions.
The effective boarding of a building shall include, but not be limited to, doors, windows or other areas open to ingress and egress and to weather elements. Such openings shall be secured by exterior grade plywood, not less than one-half inch (1/2") thick, or other material of equal strength, cut and fit into the openings. Openings in excess of forty-eight inches (48") wide shall be framed with two inch by four inch (2" x 4") lumber and plywood, or equivalent material fastened twenty-four inches (24") on center onto frame. The plywood or equivalent material shall be fastened into the openings by screw type nails or lag screws and painted to match the exterior color scheme.
Any portion of the exterior which is deemed to be potentially hazardous due to deteriorated conditions, or to be structurally unsound shall be removed or treated in such a manner so as to eliminate the hazard. The exterior premises shall be maintained free of high weeds, debris, junk, junk vehicles and any other conditions that may provide harborage for rodents. Prior to securing the building, the owners, operators or prior occupants, shall inform the Chief Code Official, in writing, of intent to secure the building and shall specify the method and type of material to be u sed. The Chief Code Official shall review the condition of the building and exterior, and respond to the writer, setting forth special requirements, if any, necessary for compliance with minimum standards for effective boarding, and allow a reasonable time to complete the work. Upon the proper securing of the premises, and approval by the Chief Code Official, the owner, operator or prior occupant shall monitor and maintain the structure in a safe, sanitary and secured condition.
Whenever the Chief Code Official finds a vacant building open to entry at doors, windows or other points accessible to the gen era l public, the Official may cause the building to be secured at those points of entry. After verifying the building is not legally occupied, either temporarily or permanently, and after making reasonable attempts to notify the owner, tenants, and prior occupants of the building, the Chief Code Official shall be authorized to enter upon the premises only to the extent to secure the structure. In securing such structure, the Chief Code Official shall take action necessary to secure such structure. Such securing shall not be deemed to constitute "effective boarding" pursuant to Section 1331.109.2 hereof. Subsequent notice shall include the fact that the Chief Code Official has found it necessary to take appropriate action to secure the building.
(Ord. 21-15. Passed 6-15-15.)
1331.109 EMERGENCY MEASURES.
When, in the opinion of the Chief Code Official, a structure or building is in a condition of imminent danger, the Chief Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Chief Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY IS PROHIBITED BY THE CHIEF CODE OFFICIAL OF THE CITY OF FAIRBORN, OHIO." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. Any person either defacing or removing such notice without such approval shall be guilty of a minor misdemeanor and subject to the penalties in Section 1331.106.5 of this Code.
Notwithstanding other provisions of this code, whenever, in the opinion of the Chief Code Official, there is imminent danger due to an unsafe condition of any building, structure, equipment, premises or property, the Chief Code Official shall order the necessary work to be done, including the boarding-up of openings, to render such structure, building, equipment, premises or property temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause all such other action to be taken as the Chief Code Official deems necessary to meet such emergency.
When necessary for the public safety, the Chief Code Official shall temporarily close structures and, only after consultation with the Fairborn City Engineer and the Chief of Police, close sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
For the purposes of this section, the Chief Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. Costs incurred in the performance of emergency work shall be paid by the City of Fairborn. The Chief Code Official may then cause appropriate action to be taken against the owner of the premises or property where the unsafe structure or building or equipment is or was located for the recovery of such costs.
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected per son shall thereafter, upon petition directed to the Appeals Board, be afforded a hearing as described in this Code. (Ord. 21-15. Passed 6-15-15.)
1331.110 DEMOLITION.
Shall be in accordance with Fairborn Codified Ordinance Chapter 1315 -Nuisance Abatement; Demolition. (Ord. 21-15. Passed 6-15-15.)
1331.111 MEANS OF APPEAL.
Any person directly affected by a decision of the Chief Code Official or a notice or order issued under this Code shall have the right to appeal such decision, notice or order to the Fairborn Board of Zoning Appeals, provided that a written application for appeal is filed within ten (10) calendar days after the first date the appellant gains knowledge of such decision, or within ten (10) calendar days after the date such notice or order was served. An appeal application fee in the amount then established by the City Manager shall accompany each appeal application, unless the Chief Code Official makes a determination of indigency of appellant and in such instances the application fee shall be waived. An application for appeal shall include the written basis for the appeal, such as:
(a) The intent of this Code has been incorrectly interpreted, or
(b) The provisions of this Code do not apply, or
(c) The requirements of this Code are adequately satisfied by other means, or
(d) Some other reason or basis for the appeal.
The original written appeal, plus five (5) copies of same shall be filed with the office of the Chief Code Official.
The Board of Zoning Appeals shall have jurisdiction to hear appeals that are timely filed and are appeals from a decision of the Chief Code Official. For each timely filed appeal application the Board shall conduct a hearing within a reasonable time after the date the application is filed, however no such hearing shall begin later than sixty (60) days after the date of application filing unless the appellant consents in writing to such hearing date.
There shall be and hereby is created a Property Maintenance Code Appeals Board, hereinafter referred to as the Board, consisting of at least three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. Members of the Board shall be appointed by City Council. This Board shall carry out all the duties and obligations required of the Board in this Code. No member shall hear an appeal in which that member has a personal, professional or financial interest.
Notice of meetings shall conform to Ohio R.C. Sec. 121.22. The procedure and conduct of Board proceedings shall adhere to Robert's Rules of Order, unless otherwise provided for by written and Board adopted rules of procedure.
Hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the Chief Code Official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of two-thirds of the Board membership.
The Board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
When the full Board is not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
The Board shall modify or reverse the decision of the Chief Code Official only by a concurring vote of a majority of the total number of appointed board members.
The decision of the Board shall be recorded. Copies shall be furnished to the appellant and to the Chief Code Official.
The Chief Code Official shall take immediate action in accordance with the decision of the Board.
Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Appeals Board.
(Ord. 21-15. Passed 6-15-15.)
1331.112 STOP WORK ORDER.
Whenever the Chief Code Official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the Chief Code Official is authorized to issue a stop work order.
A stop work order shall be in writing and shall be given to the owner of the property, to the owner’s authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.
Where an emergency exists, the Chief Code Official shall not be required to give a written notice prior to stopping the work.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars or more than five hundred dollars. Each day that a violation continues after notice has been served shall be deemed a separate offense.
(Ord. 21-15. Passed 6-15-15.)
1332.201 GENERAL.
Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
Where terms are not defined in this code and are defined in the codes legally adopted in this jurisdiction, such terms shall have the meanings ascribed to them as in those codes.
Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit” or “story” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.”
(Ord. 21-15. Passed 6-15-15.)
1332.202 GENERAL DEFINITIONS.
(1) ANCHORED. Secured in a manner that provides positive connection.
(2) APPROVED. Acceptable to the code official.
(3) BASEMENT. That portion of a building which is partly or completely below grade.
(4) BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
(5) BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
(6) BLIGHTED STRUCTURE. A structure is blighted when it exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare.
(7) CLEAN HARD FILL. Construction and demolition debris which consists only of reinforced or non-reinforced concrete, brick, tile, and/or stone which can be re-utilized as construction material. Brick in clean hard fill includes but is not limited to refractory brick and mortar. Clean hard fill does not include materials contaminated with hazardous wastes, solid wastes, or infectious wastes.
(8) CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
(9) CONDEMN. To adjudge unfit for occupancy.
(10) COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals.
(11) CULTIVATE. To loosen or dig (soil) around growing plants.
(12) DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
(13) DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
(14) DILAPIDATED. Decayed, deteriorated, or fallen into partial ruin especially through neglect or misuse.
(15) DILAPIDATED HOUSING. A housing unit that does not provide safe and adequate shelter, and in its present condition endangers the health, safety or well-being of the occupants. Such a housing unit shall have one or more critical defects, or a combination of intermediate defects in sufficient number or extent to require considerable repair or rebuilding. Such defects may involve original construction, or they may result from continued neglect or lack of repair or from serious damage to the structure.
(16) DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
(17) EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.
(18) ECONOMIC BLIGHT. The visible and physical decline of a property, neighborhood or city due to a combination of economic downturns, residents and businesses leaving the area, and the cost of maintaining the quality of older structures. These factors tend to feed on themselves, with each one contributing to an increase in the occurrence of the others.
(19) EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
(20) EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
(21) EXTERMINATION. The control and elimination of insects, rats, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serves as their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination methods.
(22) GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(23) GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
(24) HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
(25) HISTORIC BUILDING. Any building or structure that is one or more of the following:
1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.
2. Designated as historic under an applicable state or local law.
3. Certified as a contributing resource within a National Register or state or locally designated historic district.
(26) HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
(27) IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.
(28) INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
(29) INOPERABLE MOTOR VEHICLE.
(30) LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.
(31) LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
(32) NEGLECT. The lack of proper maintenance for a building or structure.
(33) OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
(34) OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
(35) OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(36) OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(37) OWNER. Any person, agent, operator, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the State, County or Municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(38) PERSON. An individual, corporation, partnership or any other group acting as a unit.
(39) PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.
(40) PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
(41) PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
(42) REFUSE. Only the matters which are in fact noxious or have been refused and abandoned by the owner as worthless.
(43) ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
(44) ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
(45) RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
(46) SCRAP METAL. Pieces of or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or is useful for its originally intended purpose.
(47) SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
(48) STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
(49) STRUCTURE. That which is built or constructed or a portion thereof.
(50) TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
(51) TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
(52) TREE AND/OR SHRUBS. All woody vegetation presently or hereafter planted on any public areas.
(53) ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.
(54) USED BUILDING MATERIALS. Any material such as wood, stone, brick, cement blocks or any composition or combination thereof used or useful in the erection of any building or structure which has been used previously for the erection or construction by the same person or other persons.
(55) VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(56) WEEDS. All grasses, annual plants, vines, and vegetation other than trees or shrubs provided, however, this term shall not include cultivated flowers and gardens.
(57) WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. YARD. An open space on the same lot with a structure.
(Ord. 21-15. Passed 6-15-15.)
1333.301 GENERAL.
The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(Ord. 21-15. Passed 6-15-15.)
1333.302 EXTERIOR PROPERTY AREAS.
Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition.
Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs.
Sump effluent shall be disposed of so that there is no discharge onto adjoining private property or public right-of-way; discharged water cannot re-enter the subsoil drainage system and erosion and settlement are not caused thereby.
Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.
Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
Sump effluent shall be disposed of so that there is no discharge onto adjoining private property or public right-of-way; discharged water cannot re-enter the subsoil drainage system and erosion and settlement are not caused thereby.
Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
No person shall store or keep, or cause to be stored or kept any unlicensed or inoperable vehicle, on any residentially zoned property unless it shall be stored or kept within a completely enclosed structure. For the purpose of this section, an inoperable vehicle means any motor vehicle meeting at least one of the following requirements: one or more wheels are missing; one or more tires are missing; two or more tires are flat; two or more windows are missing or broken; the windshield is shattered or missing; parts necessary for the legal operation of the vehicle are missing. For the purposes of this section an unlicensed motor vehicle means a motor vehicle that does not display a valid registration.
In residential areas no vehicle of any type shall undergo overhaul, bodywork or painting. No vehicle of any type shall be in a state of major disassembly, disrepair, nor shall it be in the process of being stripped or dismantled. Overhaul and bodywork may be performed by an occupant of a property working on a currently licensed vehicle registered to the occupant if the vehicle is within a building so as not to be visible from the street or neighboring properties.
Except for an automotive repair/service business or salvage yard legally operating under the requirements of the Zoning Code, no business premises shall contain any motor vehicles, which are in a state of disrepair, major disassembly, nor any vehicle be in the process of being stripped or dismantled. Any automotive repair/service business or salvage yard legally operating under the requirements of the Zoning Code shall have a storage area conforming to Section 1333.302.14 in which all vehicles which are in a state of disrepair, major disassembly, or in the process of being stripped or dismantled shall be stored.
Whenever the Code Official becomes aware of the existence of graffiti on any structure or improvement within the City, he shall give, or cause to be given as provided for in this code, to the owner of the property, written notice of such violation and requiring the graffiti to be removed.
If an owner fails to remove the graffiti within the time specified on the notice and order, the Code Official shall remove or cause to be removed the graffiti and may employ the necessary labor to perform such work or cause it to be done by the appropriate City department. This remedy shall be in addition to the penalty provided in Section 1331.105.4.
All expense incurred by the removal of the graffiti, together with an administrative charge of $200.00 for each notice processed, shall be reported to the Director of Finance, who shall mail a statement of the amount thereof to the owner of the property.
If after thirty (30) days, such amount remains unpaid, the Director of Finance shall certify the total amount of the expenses, the name of the owner of the land and a sufficient description of the premises to the County Auditor, to be entered on the tax duplicate, to be a lien on the land from the date of entry and to be collected as other taxes and assessments and returned to the City pursuant to Ohio R.C. 731.54.
No person shall refuse to allow access to any premises for the purpose of removing graffiti or to interfere with the removal of such graffiti.
On residential premises, no front yard shall be used for the storage of any materials, equipment or domestic supplies. Unless further regulated by this section, when it is necessary to store usable materials on residential properties, the materials shall be stored neatly in side or rear yards. The materials shall be protected from blowing, water damage and rodent and vermin infestation.
Automotive parts; vehicle accessories, household furniture, appliances or containers; and other discarded or disassembled materials shall only be stored inside a building until they are removed from the premises.
All building materials and construction equipment shall be stored in a building or approved enclosures, or under a watertight canvas. This provision does not apply to an active construction project for which a building permit has been issued.
All permitted open salvage yards and open storage areas shall be completely obscured from surrounding property by a solid screen not less than 6 feet (1.83m) in height.
Whenever the Code Official becomes aware of the existence of a vacant or unattended property which has not been maintained in a clean, safe and sanitary manner as described in Section 1333.302.1, he shall give or cause to be given as provided in this Code, to the owner of the property, written notice of such violation and requiring the unclean, unsafe or unsanitary conditions to be removed. If an owner fails to remove the unclean, unsafe or unsanitary conditions within the time specified on the notice and order, the Code Official shall remove or cause to be removed the unclean, unsafe, unsanitary conditions and may employ the necessary labor to perform such work or cause it to be done by the appropriate City department. This remedy shall be in addition to the penalty provided in Section 1331.106.4.
All expenses incurred by the removal of the unclean, unsafe or unsanitary condition, together with an administrative charge of two hundred dollars ($200.00) for each notice processed, shall be reported to the Financial Director. The owner shall be billed directly by certified mail for expenses incurred. If after sixty (60) days, such amount remains unpaid, the Financial Administrative Services Director shall certify the total amount of the expenses, the name of the owner of the land and a sufficient description of the premises to the County Auditor, to be entered on the tax duplicate, to be a lien on the land from the date of entry and to be collected as other taxes and assessments and returned to the City with the General Fund.
(Ord. 21-15. Passed 6-15-15.)
1333.303 SWIMMING POOLS, SPAS AND HOT TUBS.
Swimming pools, spas and hot tubs shall be maintained in a clean and sanitary condition, and in good repair.
(Ord. 21-15. Passed 6-15-15.)
1333.304 EXTERIOR STRUCTURE.
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights that are not maintained, weather resistant or water tight;
5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;
6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;
10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, that are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or
13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted where approved by the code official.
Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
Foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
Glazing materials shall be maintained free from cracks and holes.
Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
Every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition.
Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 1337.702.3.
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer’
Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provides access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.
Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.
(Ord. 21-15. Passed 6-15-15.)
1333.305 INTERIOR STRUCTURE.
The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Structural members are incapable of supporting nominal loads and load effects;
5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
(Ord. 21-15. Passed 6-15-15.)
1333.306 COMPONENT SERVICEABILITY.
The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.
Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
1. Soils that have been subjected to any of the following conditions:
1.1. Collapse of footing or foundation system;
1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion;
1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;
1.4. Inadequate soil as determined by a geotechnical investigation;
1.5. Where the allowable bearing capacity of the soil is in doubt; or
1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table.
2. Concrete that has been subjected to any of the following conditions:
2.1. Deterioration;
2.2. Ultimate deformation;
2.3. Fractures;
2.4. Fissures;
2.5. Spalling;
2.6. Exposed reinforcement; or
2.7. Detached, dislodged or failing connections.
3. Aluminum that has been subjected to any of the following conditions:
3.1. Deterioration;
3.2. Corrosion;
3.3. Elastic deformation;
3.4. Ultimate deformation;
3.5. Stress or strain cracks;
3.6. Joint fatigue; or
3.7. Detached, dislodged or failing connections.
4. Masonry that has been subjected to any of the following conditions:
4.1. Deterioration;
4.2. Ultimate deformation;
4.3. Fractures in masonry or mortar joints;
4.4. Fissures in masonry or mortar joints;
4.5. Spalling;
4.6. Exposed reinforcement; or
4.7. Detached, dislodged or failing connections.
5. Steel that has been subjected to any of the following conditions:
5.1. Deterioration;
5.2. Elastic deformation;
5.3. Ultimate deformation;
5.4. Metal fatigue; or
5.5. Detached, dislodged or failing connections.
6. Wood that has been subjected to any of the following conditions:
6.1. Ultimate deformation;
6.2. Deterioration;
6.3. Damage from insects, rodents and other vermin;
6.4. Fire damage beyond charring;
6.5. Significant splits and checks;
6.6. Horizontal shear cracks;
6.7. Vertical shear cracks;
6.8. Inadequate support;
6.9. Detached, dislodged or failing connections; or
6.10. Excessive cutting and notching.
Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted where approved by the code official.
(Ord. 21-15. Passed 6-15-15.)
1333.307 HANDRAILS AND GUARDRAILS.
Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code.
(Ord. 21-15. Passed 6-15-15.)
1333.308 RUBBISH AND GARBAGE.
Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.
The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak-proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
(Ord. 21-15. Passed 6-15-15.)
1333.309 PEST ELIMINATION.
Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure.
The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises.
The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination.
The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.
(Ord. 21-15. Passed 6-15-15.)
1334.401 GENERAL.
The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.
In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted.
(Ord. 21-15. Passed 6-15-15.)
1334.402 LIGHT.
Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.
Every common hall and stairway in residential occupancies, other than in oneand two-family dwellings, shall be lighted at all times with not less than a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with not less than 1 footcandle (11 lux) at floors, landings and treads.
All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
(Ord. 21-15. Passed 6-15-15.)
1334.403 VENTILATION.
Every habitable space shall have not less than one openable window. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in Section 1334.402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 1334.403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit.
Exceptions:
1. Where specifically approved in writing by the code official.
2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer’s instructions. Exception: Listed and labeled condensing (ductless) clothes dryers.
(Ord. 21-15. Passed 6-15-15.)
1334.404 OCCUPANCY LIMITATIONS.
Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls.
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm).
Exceptions:
1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting a maximum of 6 inches (152 mm) below the required ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included.
Every bedroom and living room shall comply with the requirements of Sections 1334.404.1 through 1334.404.4.
Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof.
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms.
Every bedroom shall have access to not less than one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story.
Kitchens and non-habitable spaces shall not be used for sleeping purposes.
Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 1335; the heating facilities and electrical receptacle requirements of Chapter 1336; and the smoke detector and emergency escape requirements of Chapter 1337.
Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 1334.404.5.
TABLE 1334.404.5
MINIMUM AREA REQUIREMENTS
SPACE | MINIMUM AREA IN SQUARE FEET | ||
1-2 occupants | 3-5 occupants | 6 or more occupants | |
Living Room | 120 | 120 | 150 |
Dining Room | No requirement | 80 | 100 |
Bedrooms | Shall comply with Section 1334.404.4.1 | ||
For SI: 1 square foot = 0.0929 m2.
b. See Section 1334.404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
The minimum occupancy area required by Table 1334.404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Section 1334.404.4.
Combined living room and dining room spaces shall comply with the requirements of Table 1334.404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Section 1334.404.6-2. and 1334.404.6-3.
2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
4. The maximum number of occupants shall be three.
All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. (Ord. 21-15. Passed 6-15-15.)
1335.501 GENERAL
The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter.
(Ord. 21-15. Passed 6-15-15.)
1335.502 REQUIRED FACILITIES.
Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants.
Not less than one water closet, one lavatory and one drinking facility shall be available to employees.
Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises. (Ord. 21-15. Passed 6-15-15.)
1335.503 OILET ROOMS.
Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
Toilet facilities shall have access from within the employees’ working area. The required toilet facilities shall be located not more than one story above or below the employees’ working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees’ regular working area to the facilities.
In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
(Ord. 21-15. Passed 6-15-15.)
1335.504 PLUMBING SYSTEMS AND FIXTURES.
Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
Plumbing fixtures shall have adequate clearances for usage and cleaning.
Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
(Ord. 21-15. Passed 6-15-15.)
1335.505 WATER SYSTEM.
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.
The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. (Ord. 21-15. Passed 6-15-15.)
1335.506 SANITARY DRAINAGE SYSTEM.
Plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the code official.
(Ord. 21-15. Passed 6-15-15.)
1335.507 STORM DRAINAGE.
1336.601 GENERAL.
The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter.
(Ord. 21-15. Passed 6-15-15.)
1336.602 HEATING FACILITIES.
Heating facilities shall be provided in structures as required by this section.
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms.
Indoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.
The required room temperatures shall be measured 3 feet (915 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall.
(Ord. 21-15. Passed 6-15-15.)
1336.603 MECHANICAL EQUIPMENT.
Mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
Fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances that are labeled for unvented operation.
Required clearances to combustible materials shall be maintained.
Safety controls for fuel-burning equipment shall be maintained in effective operation.
A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
(Ord. 21-15. Passed 6-15-15.)
1336.604 ELECTRICAL FACILITIES.
Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 1336.605.
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with locally adopted codes. Every dwelling shall be served by a main service that is not less than 60 amperes, three-wire.
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water.
Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code.
Exception:
The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement:
1. Enclosed switches, rated a maximum of 600 volts or less;
2. Busway, rated a maximum of 600 volts;
3. Panelboards, rated a maximum of 600 volts;
4. Switchboards, rated a maximum of 600 volts;
5. Fire pump controllers, rated a maximum of 600 volts;
6. Manual and magnetic motor controllers;
7. Motor control centers;
8. Alternating current high-voltage circuit breakers;
9. Low-voltage power circuit breakers;
10. Protective relays, meters and current transformers;
11. Low- and medium-voltage switchgear;
12. Liquid-filled transformers;
13. Cast-resin transformers;
14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water;
15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water;
16. Luminaires that are listed as submersible;
17. Motors;
18. Electronic control, signaling and communication equipment.
The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire.
Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code.
Exception:
Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement.
(Ord. 21-15. Passed 6-15-15.)
1336.605 ELECTRICAL EQUIPMENT.
Electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
Every habitable space in a dwelling shall contain at least three separate and remote receptacle outlets, one of which may be a ceiling or wall type electric light fixture in every habitable room of a dwelling unit or guest room. Every laundry area shall contain at least one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle.
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain not less than one electric luminaire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection.
Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings.
(Ord. 21-15. Passed 6-15-15.)
1336.606 ELEVATORS, ESCALATORS AND DUMBWAITERS.
Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumb waiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction.
In buildings equipped with passenger elevators, not less than one elevator shall be maintained in operation at all times when the building is occupied.
Exception:
Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
(Ord. 21-15. Passed 6-15-15.)
1336.607 DUCT SYSTEMS.
1337.701 GENERAL.
The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter. (Ord. 21-15. Passed 6-15-15.)
1337.702 MEANS OF EGRESS.
A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code.
The required width of aisles in accordance with the International Fire Code shall be unobstructed.
Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.
Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
(Ord. 21-15. Passed 6-15-15.)
1337.703 FIRE-RESISTANCE RATINGS.
The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.
Required opening protectives shall be maintained in an operative condition. Fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
(Ord. 21-15. Passed 6-15-15.)
1337.704 FIRE PROTECTION SYSTEMS.
Systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code.
Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25.
Where the Fire Department connection is not visible to approaching fire apparatus, the Fire Department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the Fire Code Official.
Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 1337.704.2.1 through 1337.704.2.3.
Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with Sections 1337.704.2.1.1 through 1337.704.2.1.4. Interconnection and power sources shall be in accordance with Sections 1337.704.2.2 and 1337.704.2.3.
Exceptions:
1. Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided.
2. Where smoke alarms have been installed in occupancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required provided that the existing smoke alarms comply with requirements that were in effect at the time of installation.
3. Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms.
Single- or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1:
1. In sleeping areas.
2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit.
3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level
Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 1337.704.2.1.1 or 1337.704.2.1.2.
1. Ionization smoke alarms shall not be installed less than 20 feet (6096 m) horizontally from a permanently installed cooking appliance.
2. Ionization smoke alarms with an alarm-silencing switch shall not be installed less than 10 feet (3048 mm) horizontally from a permanently installed cooking appliance.
3. Photoelectric smoke alarms shall not be installed less than 6 feet (1829 mm) horizontally from a permanently installed cooking appliance.
Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section 1337.704.2.1.1 or 1337.704.2.1.2.
Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
Exceptions:
1. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind.
2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without the removal of interior finishes.
Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.
Exceptions:
1. Smoke alarms are permitted to be solely battery operated in existing buildings where no construction is taking place.
2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source.
3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for building wiring without the removal of interior finishes.
Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following:
1. The fire alarm system shall comply with all applicable requirements in Section 907 of the International Fire Code.
2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the International Fire Code.
Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.5 of the International Fire Code.
(Ord. 21-15. Passed 6-15-15.)
1338.01 LOCAL CODES AND STANDARDS ADOPTED.
This chapter lists the locally adopted codes and standards which shall replace those standards referenced in various sections of this document. The application of the referenced standards shall be as specified in Section 1331.102.7.
The Ohio Basic Building Code (as approved by the Ohio Board of Building Standards)
The Ohio Residential Code (as adopted by the City of Fairborn)
The National Electrical Code (as adopted by the City of Fairborn)
The Ohio Mechanical Code (as approved by the Ohio Board of Building Standards)
(Ord. 21-15. Passed 6-15-15.)
1339.100 PURPOSE.
Council, having found and determined that various structures and premises of both a residential and non-residential nature, existing in various states of disrepair and disorder constitute a danger to the public health, safety, comfort and welfare in that such conditions lead to unsightliness, blight, fire hazards, infestation, decreasing values to surrounding properties and vandalism, and that such abuses of property entitle this City to exercise its police powers to protect the health, safety, comfort and welfare of the community, intends the following regulations to provide for the orderly abatement and disposition of properties and premises which are determined, in accordance with the provisions contained herein to constitute a public nuisance. This chapter shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the City, but shall be deemed as an enlargement of any authority existing by virtue of the statutes of the State of Ohio or any ordinance heretofore enacted by Council.
(Ord. 34-17. Effective 12-7-17.)
1339.101 DEFINED TERMS.
(a) "Abate" or "Abatement" shall mean means any individual technique or combination of techniques, the implementation of which may result in elimination, remediation or mitigation of a nuisance such that the premises is compliant with all applicable requirements of this Code and any other applicable housing, building, and fire code.
(b) "Chief Code Official" shall have the meaning set forth in Chapter 1331 of the Fairborn Codified Ordinances.
(c) "Commercial structure" shall mean a structure used for non-residential purposes.
(d) "Condition of nonuse" shall mean:
(1) Subsurface tanks used for the storage of flammable substances at a service station site have been permanently filled or removed, Council may, upon making a finding that the site can no longer be reasonably used for an automobile service station, declare the site and all buildings thereon and therein to be closed, vacant and inoperative and the conditions constitute nonuse;
(2) When a commercial structure becomes unsightly due to growth of weeds, broken windows or signage, placement of boards over windows and other visible indications of lengthy nonuse; or
(3) When the owner or lessee of a commercial structure has failed to operate the non-residential use for at least six consecutive months.
(e) "Criminal nuisance" shall mean any house, building, structure in which or upon which the same is permitted to be or remain, endangers health, life, limb or property, or causes any hurt, harm, inconvenience, damage or injury to any one or more persons in the City in any one or more of the particulars:
(2) Any violation of Permitting Drug Abuse as defined in the Ohio R.C 2925.13 and Fairborn Codified Ordinances 513.06.
(3) Any violation of Operating a Gambling House as defined in Ohio R.C. 2915.03 and Fairborn Codified Ordinance 517.03.
(4) Any alcohol related offense which is defined as a nuisance in Ohio R.C. 3767.01.
(5) Any prostitution or sex related offense which is defined as a nuisance in Ohio R.C. 3767.01.
(6) Any felony drug violation listed in Chapter 2925 or 3719 of the Ohio Revised Code.
(7) Keeping or permitting to be kept a habitual resort for thieves, burglars, robbers or persons involved in felonious conduct as defined in Ohio R.C. 3767.12.
(f) "Drive-in restaurant" shall mean an establishment where food and beverages are prepared for selling, dispensing, or serving directly to persons in motor vehicles or where food and beverages are prepared for selling or dispensing at the counter and where customers may eat the food or beverage inside the building, inside vehicles parked on the premises, or remove the food or beverage from the premises.
(g) "Enforcement authority" shall mean any City official charged or deputized with enforcing this Code.
(h) "Nuisance report" shall mean a report made by the Chief Code Official describing the determination of each nuisance existing on the premises.
(i) "Nuisance structure" shall mean any fence, wall, garage, shed, house, building, structure, pole, smokestack or any excavation, basement, cellar, well, cistern or sidewalk subspace or part thereof shall be deemed a public nuisance if it by reason of the condition in which the same is permitted to be or remain, endangers the health, life, limb or property, or causes any hurt, harm, inconvenience, damage or injury to any one or more persons in the City in any one or more of the following particulars:
(1) By reason of being a fire hazard as evidenced by a finding that one or more conditions described in Chapter 1507.02 exist upon the premises;
(2) By reason of being vacant and abandoned and having one or more conditions which violates a provision of any of the Building and Housing Codes of Part Thirteen of the Fairborn Codified Ordinances.
(j) "Public nuisance" shall mean any nuisance structure as defined under the Fairborn Codified Ordinances.
(k) "Owner" shall mean the owner or owners of the premises, contract buyer, a mortgagee or vendee in possession, or other person, firm or corporation in control of a building, or their duly authorized agents. Any such person thus representing the owner should be bound to comply with the provisions of the Fairborn Codified Ordinances to the same extent as if such person were the owner.
(l) "Premises" shall mean a lot, parcel, tract, plot of land, or sum total of the previous, containing all principal and accessory structures thereon.
(m) "Persons or Responsible Person" shall mean any person or persons, who use, occupy, establish, or conduct a public nuisance, or aid or abet therein.
(Ord. 34-17. Effective 12-7-17.)
1339.102 INSPECTION AND DETERMINATION OF PUBLIC NUISANCE.
Whenever the Chief Code Official suspects the existence of conditions constituting a public nuisance upon premises within the City, they shall promptly cause the premises on which they suspect such conditions constituting a public nuisance to exist to be inspected. The Fire Chief or designee upon request of the Chief Code Official may inspect or cause the inspection of premises on which a public nuisance is believed to exist. A written nuisance report of such inspection and of their findings with respect to the existence of the public nuisance shall be filed with the Chief Code Official.
(Ord. 34-17. Effective 12-7-17.)
1339.103 NOTICE OF PUBLIC NUISANCE DETERMINATION.
Upon the determination that a public nuisance exists, the Chief Code Official shall cause a written notice to be served to the owner of the premises stating the findings incorporated within the nuisance report and stating that unless the owner or owners thereof shall cause the abatement of the conditions constituting a public nuisance the same will be abated by the City at the expense of such owner. The abatement notice shall be deemed to be properly served if a copy thereof is:
(a) Delivered personally; or
(b) Sent by certified or first-class mail addressed to the last known address; or
(c) Served to the owner or upon the person responsible for the structure or premises; or
(d) Posted in a conspicuous place in or about the structure or premises affected by such notice.
(Ord. 34-17. Effective 12-7-17.)
(Ord. 34-17. Effective 12-7-17.)
1339.104 EFFECT OF PUBLIC NUISANCE DETERMINATION.
(a) No Transfer. It shall be unlawful for the owner of any premises, who has received a written notice declaring such premises to be a public nuisance, to sell, transfer, lease, or otherwise dispose of such premises to another until any injunctions obtained against use or occupancy have been dissolved, or until the owner has first furnished the grantee, transferee, or lessee a true copy of the said notice, and has furnished to the Chief Code Official a signed and notarized statement from the grantee, transferee, or lessee, acknowledging the receipt of such notice and accepting the responsibility for abating the conditions constituting a public nuisance in conformity with the terms of such notice, or extension thereof.
(b) No Construction. No permit or other authorization for the construction or operation of any new structure shall be granted until the prospective owner of such nuisance structure has abated any other structure that has been determined to be a public nuisance which the prospective owner may own in the City.
(c) No Entry or Occupation. No owner or other person shall enter or be present in or on any building or premises that has been posted with a notice identifying the said building or premises to be a public nuisance, without first obtaining authorization in writing from the Chief Code Official and having such written authorization on his/her person at the time.
No Authorization. Written authorization, as provided in this Chapter, shall not be issued in connection with any premises declared a public nuisance as provided in Chapter 561.02(b), unless all parties have complied with all applicable requirements of Chapter 561.04. The issuance of an authorization provided herein shall not be construed to create a privilege, as that term is used in Ohio R.C. 2911.21 or 541.05, nor shall this Chapter be deemed to have any effect whatsoever on the interpretations or application of those chapters.
Affirmative Defense. It shall be an affirmative defense to a violation of this Chapter that the person was the owner, or was authorized by the owner to be present on the said premises, and that one of the persons present had the required written authorization on his/her person at the time. The officers, agents and employees of the City, State or Federal government, or any political subdivision, or of any public utility, shall be exempt from the requirements of this Chapter while in the course of their official duties.
(Ord. 34-17. Effective 12-7-17.)
1339.105 APPEAL OF PUBLIC NUISANCE DETERMINATION.
(a) Within fifteen (15) days after the service of a notice of public nuisance abatement, the owner may submit an application for an appeal hearing on the question of whether in fact a public nuisance, as defined herein, exists upon the premises. The hearing shall be held within twenty (20) days following the receipt of such application and at least five days (5) notice in writing of the hearing shall be given to the owner or owners.
(b) The hearing shall be conducted as follows:
(1) Such hearing shall be conducted by the Board of Zoning Appeals.
(2) In an appeal pursuant to this Chapter, the Board of Zoning Appeals may vote to: sustain the finding that a public nuisance exists on the property and order that the structure be secured and the premises maintained so as to lessen the severity of the public nuisance; continue the matter for a period not to exceed 45 days for further investigation and disposition; take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter; or
(3) Reverse the finding that a public nuisance exists on the property and dismiss the case.
(c) A copy of the decision of the Board of Zoning Appeals shall be mailed, with certificate of mailing, to the last known address of the owner, or person representing the owner, who demanded the hearing. It shall be the responsibility of the owner, or person representing the owner, or person representing the owner, to keep the secretary of the Board of Zoning Appeals appraised of his/her current mailing address. For the purpose of appeal pursuant to Ohio R.C. Chapter 2506, the final order shall be deemed to have been entered on the date on which the copy of the decision was mailed.
(d) A majority of the members of the Board of Zoning Appeals then present must concur that a public nuisance exists before enforcement is carried out pursuant to this Chapter.
(e) A copy of the decision of the Board of Zoning Appeals shall be promptly served upon the owner or owners in the manner provided under subsection (c) above.
(Ord. 34-17. Effective 12-7-17.)
1339.106 PUBLIC NUISANCE ABATEMENT PLAN AND AGREEMENT.
Within fifteen (15) days of service of notice of determination of public nuisance, or the date of the decision of the Board of Zoning Appeals affirming the determination if so appealed, whichever is later, the owner may request to undertake the repairs or replacement of items found to constitute a public nuisance within the City. Adequate plans, specifications and required permits, as required by the Chief Code Official, covering such repairs or replacements must be submitted in writing to the Chief Code Official within fifteen days of abatement notice. The Chief Code Official may deem necessary to extend the time allowed to complete plans and specifications, not to exceed thirty days. The Chief Code Official shall, upon approval of such plans and specification and prior to the issuance of a special building permit, shall enter into a compliance agreement with the owner. The compliance agreement shall include all of the following terms:
(a) The required governmental permits that shall be obtained;
(b) A list of all repairs or replacements to be completed as to the specifications required by the Chief Code Official;
(c) The dates for all repairs or replacements to be completed, not to exceed ninety (90) days;
a statement that should the owner fail to fulfill the terms of the Compliance Agreement that the City may commence the abatement of the conditions constituting a public nuisance.
(Ord. 34-17. Effective 12-7-17.)
1339.107 ABATEMENT SPECIFIC TO COMMERCIAL NUISANCES.
In the event that a commercial structure is determined to be a public nuisance then abatement of the commercial nuisance may be accomplished either by:
(a) Reoccupation by the owner, or any tenant, lessee or other party entitled to possession and reinstitution of the previously permitted commercial use under the zoning code, after having obtained an inspection and all permits required by the Fairborn Zoning Code, including, but not limited to, building permits; provided however, that nothing within this Chapter 1339.107(a) shall be construed to extend the time after which the nonconforming use of a structure, or structure and premises in combination, is deemed discontinued under Chapter 1129.05 of the Fairborn Zoning Code; or
(b) Demolition and removal of all buildings on and in the premises and filling of all excavations, after having obtained the applicable permits required for such work, including, but not limited to, building permits and grading permits.
(Ord. 34-17. Effective 12-7-17.)
1339.108 FAILURE TO ABATE.
(a) Should any nuisance not be abated at the expiration time provided in the nuisance abatement notice or expiration time of the abatement plan and agreement or such additional time as the Board of Zoning Appeals may grant, the Chief Code Official shall be authorized at any time thereafter to enter upon such premises to abate the nuisance by demolition and removal of the structure or by taking any other such action as may be required. In the event that a fire occurs on the premises of a nuisance structure between the time it is declared a public nuisance and the time such nuisance is fully abated, the reasonable expenses incurred by the City as a result of the services provided by the Department of Fire shall be included in the cost of abating or lessening the severity of the nuisance. The cost of abating or lessening the severity of such nuisance shall be recovered in the manner provided in subsection (b) of this Chapter 1339.108.
(b) In order to abate a public nuisance, the City Manager may call upon any department of the City for whatever assistance may be necessary, or may, by private contract, complete the abatement thereof. In abating public nuisances the Chief Code Official may go to whatever extent necessary to complete the abatement of the same and the cost of the abatement action shall be recovered from the owner in the following procedures:
(c) The owner shall be billed directly for the cost of the abatement. The bill for the cost of the abatement, together with an administrative fee of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00), shall be paid within sixty (60) days after receipt of the bill.
If costs are not so recovered, then the City shall cause the cost of the abatement to be levied as an assessment. The owner or owners shall be billed directly by certified mail for the cost of abating or lessening the severity of such public nuisance. The bill for the cost thereof shall be paid within 60 days after receipt of the bill.
If the costs remain unrecovered, the City may cause the costs of abating or lessening the severity of such public nuisance to be levied as an assessment and recovered in accordance with Ohio R.C. 715.261.
(Ord. 34-17. Effective 12-7-17.)
1339.109 ENFORCEMENT.
Notwithstanding anything to the contrary contained herein, the City may, at its option, elect to proceed with the filing of an action in the Greene County, Ohio Court of Common Pleas in accordance with Ohio Revised Code Chapter 3767. Prosecution for the violation of any provisions of this Chapter shall be initiated only by the filing of a complaint by an officer, agent, or employee of the City of Fairborn, Ohio. The mere filing of a complaint shall, however, create a rebuttable presumption that it was filed by an officer, agent, or employee of the City. In any case in which it necessary to prove that a criminal nuisance exists upon a property, evidence as to the reputation of such place shall be admissible on the question of whether the property is or is not a criminal nuisance, and knowledge of the reputation of the place shall be imputed upon every owner and every person responsible for the premises.
(Ord. 34-17. Effective 12-7-17.)
1339.110 VIOLATIONS AND PENALTIES.
(a) Any person found in violation of this chapter shall be deemed guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00), in addition to all amounts attributable to the abatement procedures stated in Chapter 561.
Any person who violates this Chapter, or fails to comply with any of the requirements contained herein, is guilty of a misdemeanor of the third degree, punishable as provided by Chapter 501.99. No culpable mental state is required to commit an offense; it being the express intent of this Chapter impose strict criminal liability for each offense.
(b) Each day a violation continues is a separate offense.
Nothing contained in this Chapter shall prevent the City from taking such other lawful action as is necessary to prevent or remedy a violation of this Code, or the requirements contained therein.
(Ord. 34-17. Effective 12-7-17.)
1361.01 GENERAL PROVISIONS.
(a) Statutory Authorization. ARTICLE XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the City Council of Fairborn, State of Ohio, does ordain as follows:
(b) Findings of Fact. The City of Fairborn has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
(c) Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(8) Minimize the impact of development on adjacent properties within and near flood prone areas;
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(10) Minimize the impact of development on the natural, beneficial values of the floodplain;
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(12) Meet community participation requirements of the National Flood Insurance Program.
(d) Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, waters or which may increase flood hazards in other areas.
(e) Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Fairborn as identified in subsection (f) hereof, including any additional areas of special flood hazard annexed by Fairborn.
(f) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
(1) Flood Insurance Study, Greene County, Ohio and Incorporated Areas, and Flood Insurance Rate Map, Greene County, Ohio and Incorporated Areas, both effective March 8, 2022.
(2) Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.
(3) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City of Fairborn as required by Section 1361.04(c) Subdivisions and Other New Developments.
Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Government Center, 44 West Hebble Avenue, Fairborn, Ohio 45324.
(g) Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance the more restrictive shall be followed. These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(h) Interpretation. In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.
(i) Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Fairborn, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
(j) Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
(Ord. 05-22. Passed 3-7-22.)
1361.02 DEFINITIONS.
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
Accessory Structure
A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
Appeal
A request for review of the floodplain administrator's interpretation of any provision of these regulations or a request for a variance.
Base Flood
The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent (1%) chance annual flood or one hundred (100) year flood.
Base (100-Year) Flood Elevation (BFE)
The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the lowest adjacent natural grade elevation plus the depth number (from one (1) to three (3) feet).
Basement
Any area of the building having its floor subgrade (below ground level) on all sides.
Development
Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Enclosure Below the Lowest Floor
See "Lowest Floor."
Executive Order 11988 (Floodplain Management)
Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
Federal Emergency Management Agency (FEMA)
The agency with the overall responsibility for administering the National Flood Insurance Program.
Fill
A deposit of earth material placed by artificial means.
Flood or Flooding
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM)
Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
Flood Insurance Rate Map (FIRM)
An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
Flood Insurance Risk Zones
Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
Zone A:
Special flood hazard areas inundated by the 100-year flood in any given year; base flood elevations are not determined.
Zones A1-30 and Zone AE:
Special flood hazard areas inundated by the 100-year flood in any given year; base flood elevations are determined.
Zone AO:
Special flood hazard areas inundated by the 100-year flood in any given year; with flood depths of one (1) to three (3) feet (usually sheet flow on sloping terrain); average depths are determined.
Zone AH:
Special flood hazard areas inundated by the 100-year flood in any given year; flood depths of one (1) to three (3) feet (usually areas of ponding); base flood elevations are determined.
Zone A99:
Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
Zone B and Zone X (shaded):
Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than one (1) square mile; and areas protected by levees from the base flood.
Zone C and Zone X (unshaded):
Areas determined to be outside the 500-year floodplain.
Flood Insurance Study (FIS)
The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
Floodproofing
Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Flood Protection Elevation
The Flood Protection Elevation, or FPE, is the base flood elevation plus one (1)-foot of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the floodplain administrator.
Floodway
A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.
The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
Freeboard
A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
Historic structure
Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
(4) Individually listed on the inventory of historic places maintained by Fairborn's historic preservation program, which program is certified by the Ohio Historic Preservation Office.
Hydrologic and hydraulic engineering analysis
An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
Letter of Map Change (LOMC)
A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:
Letter of Map Amendment (LOMA)
A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
Letter of Map Revision (LOMR)
A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
Conditional Letter of Map Revision (CLOMR)
A comment by FEMA regarding a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
Lowest floor
The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
Manufactured home
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 4781 of the Ohio Revised Code.
Mean sea level
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
Manufactured home park
As specified in the Ohio Adm. Code 4781-12-01(K), a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority. Manufactured home park does not include any tract of land used solely for the storage or display for sale of manufactured homes.
National Flood Insurance Program (NFIP)
The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
New construction
Structures for which the "start of construction" commenced on or after the effective date of a floodplain regulation adopted by Fairborn and includes any subsequent improvements to such structures.
For the purposes of determining insurance rates, structures for which the "start of construction'' commenced on or after the effective date of an initial FIRM [November 19, 1980] and includes any subsequent improvements to such structures.
Person
Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Rev. Code §111.15(A)(2) as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.
Recreational vehicle
A vehicle which is:
(1) Built on a single chassis,
(2) 400 square feet or less when measured at the largest horizontal projection,
(3) Designed to be self-propelled or permanently towable by a light duty truck, and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Registered Professional Architect
A person registered to engage in the practice of architecture pursuant to Ohio R.C. 4703.01 and 4703.19.
Registered Professional Engineer
A person registered as a professional engineer pursuant to Ohio R.C. Chapter 4733.
Registered Professional Surveyor
A person registered as a professional surveyor pursuant to Ohio R.C. Chapter 4733.
Special Flood Hazard Area
Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1 30, or A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
Start of construction
The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
Structure
A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
Substantial Damage
Damage of any origin sustained by a structure whereby the cost of restoring the structure to the 'before damaged' condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
Substantial Improvement
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure".
Variance
A grant of relief from the standards of these regulations.
Violation
The failure of a structure or other development to be fully compliant with these regulations.
(Ord. 05-22. Passed 3-7-22.)
1361.03 ADMINISTRATION.
(a) Designation of the Floodplain Administrator. The Chief Building Inspector is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(3) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
(4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, floodproofing certificates, variances, and records of enforcement actions taken for violations of these regulations.
(6) Enforce the provisions of these regulations.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
(c) Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling, grading, construction, alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1361.01(f), until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
(d) Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
A. Floodproofing certification for non-residential floodproofed structure as required in Section 1361.04(e).
B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1361.04(e)(5) are designed to automatically equalize hydrostatic flood forces.
C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1361.04(i)(3).
D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1361.04(i)(2).
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1361.04(i)(1).
F. Generation of base flood elevation(s) for subdivision and other new developments as required by Section 1361.04(c).
(e) Review and Approval of a Floodplain Development Permit Application.
(1) Review.
A. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in subsection (d) hereof has been received by the Floodplain Administrator.
B. The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(2) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If the Floodplain Administrator is satisfied that the development proposed in the floodplain development application conforms to the requirements of this chapter, the Floodplain Administrator shall issue the permit. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(f) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(g) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered professional surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(2) For all development activities subject to the standards of Section subsection (k)(1) hereof, a Letter of Map Revision.
(3) For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed Floodproofing Certificate for Non-Residential Structures completed by a registered professional engineer or architect together with associated documentation.
(h) Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board (Variance Board for Counties) in accordance with Section 1361.05 of these regulations.
(i) Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than two thousand five hundred dollars ($2500).
(j) State and Federal Development.
(1) Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.
(2) Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by Ohio R.C. Section 1521.13. This includes, but is not limited to:
A. Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.
B. Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.
C. Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.
(3) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
A. Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO 11988.
(k) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Fairborn's flood maps, studies and other data identified in Section 1361.01(f) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(1) Requirement to Submit New Technical Data.
A. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
2. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
4. Subdivision or other new development proposals requiring the establishment of base flood elevations in accordance with Section 1361.04(c).
B. It is the responsibility of the applicant to have technical data, required in accordance with subsection (k)(1) hereof, prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
1. Proposed floodway encroachments that increase the base flood elevation; and
2. Proposed development which increases the base flood elevation by more than one foot in riverine areas where FEMA has provided base flood elevations but no floodway.
D. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to subsection (k)(1)A. hereof.
(2) Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of Fairborn, and may be submitted at any time.
(3) Annexation / Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Fairborn have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Fairborn's Flood Insurance Rate Map accurately represent the City of Fairborn boundaries, include within such notification a copy of a map of the City of Fairborn suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Fairborn has assumed or relinquished floodplain management regulatory authority.
(l) Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(1) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(2) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(3) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1361.05, Appeals and Variances.
(4) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this ordinance applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
(m) Use of Preliminary Flood Insurance Rate Map and/or Flood Insurance Study Data.
(1) Zone A:
A. Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall reasonably utilized as best available data.
B. When all appeals have been resolved and a notice of final food elevation determination has been provided in a Letter of Final Determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
(2) Zones AE, A1-30, AH, and AO:
A. BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However,
1. Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.
2. Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.
B. If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of Section 1361.04(i)(2) since the data in the draft or preliminary FIS represents the best data available.
(3) Zones B, C, and X:
A. Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, or AO. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.
(n) Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
(1) Determine whether damaged structures are located in special flood hazard areas;
(2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
(3) Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims. (Ord. 05-22. Passed 3-7-22.)
1361.04 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
(a) Use Regulations.
(1) Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Fairborn are allowed provided they meet the provisions of these regulations.
(b) Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(c) Subdivisions and Other New Developments.
(1) All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(2) All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
(3) All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and
(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least fifty (50) lots or five (5) acres, whichever is less.
(5) The applicant shall meet the requirement to submit technical data to FEMA in Section 1361.03(k)(1)A.4. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by subsection (c)(4) hereof.
(d) Residential Structures. The requirements of this subsection apply to new construction of residential structures and to substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section 1361.03(m).
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (this subsection) and construction materials resistant to flood damage (subsection (d)(2) hereof) are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
(5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings to allow the automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor provided the enclosure meets the following standards:
A. Be used only for the parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two (2) openings on different walls having a total net area not less than one (1) square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one (1) foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.
(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of subsection (d) hereof.
(e) Nonresidential Structures. The requirements of this subsection apply to new construction and to substantial improvements of nonresidential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section 1361.03(m).
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection (d)(1) - (3) and (5) - (7).
(2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with subsection (e)(1) and (2) hereof.
(f) Accessory Structures. Structures that are 600 square feet or less which are used for parking and storage only are exempt from elevation or dry floodproofing standards within zones A, A1-30, AE, AO, and AH designated on the community's FIRM. Such structures must meet the following standards:
(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(6) They shall meet the opening requirements of subsection (d)(5)C.
(g) Recreational Vehicles. Recreational vehicles on sites within zones A, A1-A30, AE, AO, or AH must meet at least one of the following standards:
(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(2) They must be fully licensed and ready for highway use, or
(3) They must be placed on the site pursuant to a floodplain development permit issued under Sections 1361.03(c) and (d), and meet all standards of subsection (d) hereof.
(h) Gas or Liquid Storage Tanks.
(1) Within zone A, A1-A30, AE, AO, or AH, new or substantially improved above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(i) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
(1) Development in Floodways.
A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
2. An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
3. Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
4. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
5. Concurrence of the Mayor of Fairborn and the Chief Executive Officer of any other communities impacted by the proposed actions.
(2) Development in Riverine Areas with Base Flood Elevations but No Floodways.
A. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than one (1) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
B. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one (1) foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
1. An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
2. Subsection (i)(1)B.1. and 3. to 5.
(3) Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
A. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
C. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with Fairborn specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section 1361.03(k)(1)A.3. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(Ord. 05-22. Passed 3-7-22.)
1361.05 APPEALS AND VARIANCES.
(a) Appeals Board Established.
(1) The Fairborn Zoning Board of Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by City Code Chapter 1132.
(2) Records of the Appeals Board shall be kept and filed in the Government Center, 44 West Hebble Avenue, Fairborn, Ohio 45324.
(b) Powers and Duties.
(1) The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
(2) Authorize variances in accordance with subsection (d) hereof.
(c) Appeals. Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within thirty (30) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
(d) Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(1) Application for a Variance.
A. Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
B. Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
(2) Notice for Public Hearing. The Appeals Board shall schedule and hold a public hearing within thirty (30) days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given in one (1) or more newspapers of general circulation in the community at least ten (10) days before the date of the hearing.
(3) Public Hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
A. The danger that materials may be swept onto other lands to the injury of others.
B. The danger to life and property due to flooding or erosion damage.
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
D. The importance of the services provided by the proposed facility to the community.
E. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
F. The necessity to the facility of a waterfront location, where applicable.
G. The compatibility of the proposed use with existing and anticipated development.
H. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
I. The safety of access to the property in times of flood for ordinary and emergency vehicles.
J. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
Variances shall only be issued upon:
A. A showing of good and sufficient cause.
B. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
C. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
D. A determination that the structure or other development is protected by methods to minimize flood damages.
E. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
(4) Other Conditions for Variances.
A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
B. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsection (d)(3)A. to K. have been fully considered. As the lot size increases beyond one half acre, the technical justification required for issuing the variance increases.
C. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(e) Procedure at Hearings.
(1) All testimony shall be given under oath.
(2) A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
(4) The administrator may present evidence or testimony in opposition to the appeal or variance.
(5) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(7) The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.
(8) The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.
(f) Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Greene County Court of Common Pleas, pursuant to Ohio R.C. Chapter 2506.
(Ord. 05-22. Passed 3-7-22.)
1361.06 ENFORCEMENT.
(a) Compliance Required.
(1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1361.03(i).
(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with subsection (c) hereof.
(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with subsection (c) hereof.
(b) Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal;
(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
(c) Violations and Penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a Third Degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Fairborn. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Fairborn from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Fairborn shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 05-22. Passed 3-7-22.)
1363.01 PURPOSE.
The purpose of this chapter is to protect the soil and water resources of the City of Fairborn and Greene County.
(Ord. 12-93. Passed 4-5-93.)
1363.02 DEFINITIONS.
(a) "Developer" means all individuals, corporations and/or partnerships having overall responsibility for a development including the landowner and prime contractor as well as individuals, corporations and/or partnerships undertaking development activities without the consent or direction of the landowner and/or prime contractor.
(b) "Development" means the man-made improvement or modification of real estate involving the moving of earth or the removal of existing vegetation so as to expose the earth to erosion.
(c) "Erosion" means the wearing away of the land surface by running water, wind, ice or gravity.
(d) "Erosion and Sediment Control Plan" means a written description acceptable to the City Engineer, of methods for controlling sediment pollution from erosion on a development area or from soil erosion caused by accelerated runoff from a development area.
(e) "Sediment" means a solid material both mineral and organic, that is in suspension, is being transported, or has been moved from its place of origin by wind, water, gravity or ice, and has come to rest on the earth's surface.
(f) "Storm water" means any water moving across the surface of the earth or collected from the same except waste water contained in sanitary sewers.
(g) "Storm frequency" means the average period of time within which a storm of a given duration and intensity can be expected to be equalled or exceeded.
(Ord. 12-93. Passed 4-5-93.)
1363.03 SCOPE AND INTENT.
An erosion and sediment control plan shall be required as part of the submittal of all site plans and subdivision plans. The exceptions are as follows:
(a) The area to be disturbed is less than 10,000 square feet;
(b) The activity involves less than 500 cubic yards of earthwork;
(c) Wright State University;
(d) City of Fairborn;
(e) Repaving; or
(f) Agricultural uses.
(Ord. 12-93. Passed 4-5-93.)
1363.04 SOIL EROSION AND SEDIMENTATION CONTROL STANDARDS.
The minimum design criteria, construction standards and specifications for the installation and maintenance of erosion and sediment control devices shall be those contained in the latest edition of "Water Management and Sediment Control for Urbanizing Areas" by the U.S. Soil Conservation Service and "Improved Site Plan Control Development Impacts Upon Stream Water Flow and Quality" by the Regional Planning and Coordinating Commission of Greene County.
(Ord. 12-93. Passed 4-5-93.)
1363.05 EROSION AND SEDIMENT CONTROL PLANS CONTENT REQUIREMENTS.
(a) Narrative. Outlining in written form, the specifics listed below shall be submitted with the erosion and sediment control plans.
(1) Project description. Briefly described the nature and purpose of the land disturbing activity, and the amount of grading involved.
(2) Existing site conditions. A description of the existing topography, vegetation and drainage.
(3) Adjacent areas. A description of neighboring areas such as streams, lakes, residential areas, roads, etc., which might be affected by the land disturbance.
(4) Soils. A brief description of the soils on the site giving such information as soil names, mapping unit, erodability, permeability, depth, texture and soil structure.
(5) Critical areas. A description of areas on the site which have potential serious erosion problems.
(6) Erosion and sediment control measures. A description of the methods which will be used to control erosion and sedimentation on the site.
(7) Maintenance. A schedule of regular inspections and repair of erosion and sediment control structures should be set forth.
(8) Calculations. Any calculations made for the design of such items as sediment basins, diversions, waterways and calculations for runoff and stormwater detention basin design (if applicable).
(9) Right of entry authorization. Right of entry authorization for inspection shall be included as a condition of the permit.
(b) Subdivision and Site Plan. A site plan shall be provided in a scale of not more than one inch equals fifty feet that includes:
(1) Vicinity map. A small map locating the site in relation to the surrounding area.
(2) Existing contours. Show existing contours of the site on a map.
(3) Existing vegetation. Show existing tree lines, grassy areas, or unique vegetation on a map.
(4) Existing drainage pattern. Show the driving lines and the direction of flow for the different drainage areas on a map.
(5) Final contours. Changes to the existing contours should be shown on a map.
(6) Limits of clearing and grading. Areas which are to be cleared and graded should be outlined on a map.
(7) Locations of practices. The locations of erosion and sediment control and stormwater management practices used on the site should be shown on a map.
(8) Detailed drawings. Detailed drawings and specifications of all erosion and sedimentation control practices.
(c) Provisions shall be made to complete the drainage system and make it operational as quickly as possible.
(d) Wherever feasible, natural vegetation shall be retained and protected.
(e) Land disturbing activities shall generally conform to the following schedule:
(1) Phase I.
Clearing and grubbing for mechanical sediment controls.
Construct construction entrances.
Construct temporary silt pond.
Construct diversion dikes.
Placement of silt fences.
Placement of mechanical controls, etc.
(2) Phase II.
Clearing and grubbing of the remainder of the site.
Rough grading of the site.
Construction road stabilization.
Utility installation and construction.
Placement of inlet protection.
Final grading of the site.
Stabilization of critical slope areas.
Installation of base and subbase materials.
Curb and gutter installation.
Restoration and stabilization of unpaved areas.
Final paving.
Remove erosion and sediment controls with the approval of the City's Inspector.
(3) If at any point in Phase I and II construction stops for a period of thirty days, all disturbed areas shall temporarily be seeded with appropriate vegetation.
(Ord. 12-93. Passed 4-5-93.)
1363.06 PLAN SUBMISSION, REVIEW AND APPROVAL.
All plans shall be reviewed by the City Engineer as an integral part of the construction drawings. The Engineering Department shall conduct a continuing review and evaluation of the methods used on each site and the overall effectiveness of the erosion and sediment control program to ensure compliance with the approval plans.
(Ord. 12-93. Passed 4-5-93.)
1363.07 COMPLIANCE RESPONSIBILITY.
The developer shall have the responsibility to maintain all erosion and sediment control measures. All structures should be periodically checked, especially after storms, to ensure that they are performing adequately.
(Ord. 12-93. Passed 4-5-93.)
1363.08 ENFORCEMENT.
The developer shall be required to inspect all drainage facilities under construction and certify their compliance with approved plans and in addition, the City may inspect all drainage facilities while under construction. When facilities are not constructed according to approved plans, the City has the explicit authority to compel compliance and require correction of situations which are not according to approved plans.
(Ord. 12-93. Passed 4-5-93.)
1363.99 PENALTY.
Whosoever violates any provision of this chapter shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), except any person violating an order to the City Engineer including the time limits placed on compliance shall be guilty of a misdemeanor and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000). Each day's continuance of the violation shall be considered a separate offense. The owner of the property in violation of this chapter and any other developer associated with the project, who may have assisted in the commission of any such violation, shall be guilty of a separate offense.
(Ord. 12-93. Passed 4-5-93.)
CODIFIED ORDINANCES OF FAIRBORN