The City of Forest Park Building Code is comprised of:

   (A)   (1)   The Ohio Building Code (OBC), 2017 Edition as adopted by the Ohio Board of Building Standards as OAC Chapters 4101:1-1 to 35(OBC) (based on 20151BC).

      (2)   FPBC Amendments to the OBC as approved by the Ohio Board of Building Standards as not in conflict with the OBC.

      (3)   No amendments.

   (B)   (1)   The Ohio Mechanical Code (OMC), 2017 Edition as adapted by the Ohio Board of Building Standards as OAC Chapters 4101:2-1 to 15 (OMC) (based on 2015 IMC).

      (2)   FPBC Amendments to the OMC as approved by the Ohio Board of Building Standards as not in conflict with the OMC.

      (3)   No amendments.

   (C)   (1)   The Ohio Plumbing Code (OBC), 2017 Edition adapted by the Ohio Board of Building Standards as OAC Chapters 4101:3-1 to 15 (OPC) (based on the 2015, PC).

      (2)   FPBC amendments to the OPC as approved by the Ohio Board of Building Standards as not in conflict with the OPC.

      (3)   No amendments.

   (D)   (1)   The Residential Code of Ohio (RCO), 2019 Edition adopted by the Ohio Board of Building Standards as OAC Chapters 4101:8-1 to 25, 29, 34, 44 (RCO) (based on the 2018 IRC).

      (2)   FPBC Amendments to the RCO as approved by the Ohio Board of Building Standards as not in conflict with the RCO.

      (3)   Table 301.2(1) values are:

         (a)   Ground snow load, 20 psf;

         (c)   Front line depth, 30";

         (d)   Water design temperature, 6° F;

         (e)   Flood hazard, map manuals 39061C0098D, 39061C0086D, 39061C00650;

         (f)   Air freezing index, <1,500;

         (g)   Mean annual temperature, 51.7° F.

(Ord. 24-2019, passed 8-5-19)

    These regulations promulgated pursuant to R.C. §§ 715.26, 715.261, 715.27, 715.28, 715.29 and 715.30 by the City Council shall be known as the Forest Park Building Code, which is hereinafter referred to as "the Code" or "FPBC".

(Ord. 24-2019, passed 8-5-19)

    The purpose of the Code is to provide basic and uniform regulations in terms of performance objectives, and to establish safeguards for the safety, health and welfare of the occupants and users of buildings, the general public, and structures, their service equipment and their accessory structures in consideration of Sections 101.3 of the OBC and RCO.

(Ord. 24-2019, passed 8-5-19)

    The Code shall take effect on September 4, 2019 and shall supersede all prior editions of Chapter 152, Building Code.

(Ord. 24-2019, passed 8-5-19)

    The Building Code ( Chapter 152 of The Forest Park Code of Ordinances) has been enacted to control all building activities. In so doing, different sets of regulations are included as indicated in this section.

      (1)   City Engineer

         Public Works Building

         1970 Waycross Road

         Stormwater Management Code - Chapter 51

         Subdivision Rules and Regulations - Chapter 151

      (2)   Department of Public Works

         Public Works Building

         1970 Waycross Road

         Chapter 52, Rules and Regulations Governing Driveways, Pavements and Streets within the Right-of-Way.

         Miscellaneous Land Use Regulations, Chapter 154.C

         Streets and Sidewalks, Chapter 92

      (3)   Cincinnati Water Works

         4747 Spring Grove Avenue

         Cincinnati, OH

         Rules and regulations enforced as the provider of water services.

      (4)   Duke Energy

         139 E. 4th Street

         PO Box 960

         Cincinnati, OH

         Rules and regulations enforced as the provider of gas and electric services.

      (5)   Metropolitan Sewer District

         1600 Gest Street

         Cincinnati, OH 45201

         Rules and regulations governing the design, construction, maintenance, operation and use of sanitary and combined sewers.

      (6)   Inspection Bureau, Inc.

         250 Court Street

         Cincinnati, OH 45202

         Electric plan review and enforcement of the National Electric Code.

      (7)   Community Development Department

         City of Forest Park

         1201 W Kemper Rd.

         Forest Park, OH 45240

         Forest Park Zoning Ordinances, Variances, Appeals, Chapter 150

         Rules and Regulations for signs, Chapter 90

         Minimum Housing Standards, Chapter 155

         Subdivision Rules and Regulations, Chapter 151

         Miscellaneous Land Use Regulations, Chapter 154.A

         Fair Housing Code, Chapter 97, Vacant, Foreclosed and Abandoned

         Property, Chapter 153

      (8)   Plumbing Division, Board of Health

         250 William Howard Taft, 2nd Floor

         Cincinnati, OH 45215

         Ohio Plumbing Code

      (9)   Board of Health

         250 William Howard Taft, 2nd Floor

         Cincinnati, OH 45219

         Environmental Sanitation Regulations No. 1-67

         Mobile Home Park Laws and Rules

      (10)   Fire Department

         City of Forest Park

         1201 W Kemper Rd

         Forest Park, OH 45240

         Forest Park Fire Code, Chapter 95

      (11)   Building Department

         City of Forest Park

         1201 W Kemper Rd

         Forest Park, OH 45240

         Miscellaneous Land Use Regulations, Chapter 154.E

   All documents must reflect compliance with the various elements of the codes which regulate the proposed project. Plan review will be based on the above schedule and the issuance of a permit indicates compliance as required.

      (1)   The application for a building permit cum plans approval certificate shall be processed, coordinated and expedited in a manner whereby all approvals, including of the various regulatory agencies, shall be recorded before the permit is issued. The Building Department shall approve construction documents in accordance with § 106 of the OBC and RCO as appropriate. The individual agencies shall review the documents submitted, enforce their regulations and, upon satisfactory completion of the review, they shall promptly provide written approval to the Building Official, who may then issue the proper permit. This procedure may be altered at the discretion of the Building Official. Matters not specifically covered by the Code shall be determined by the Building Official as provided in § 152.10.

      (2)   Applications and associated documents for building permits shall be submitted through the Community Development Department, except in the case of those agencies with their own permit facility. In such event, the applicant must convey the proper documentation to the other agencies, as indicated above. The applicant shall insure that all applicable permits are secured prior to the start of work.

      (3)   All work must comply as follows:

      (1)   This Code shall permit prefabricated forms of building elements and assembled construction units intended for both structural and service equipment purposes. There shall be no distinction between these and conventional on-the-site assembled materials and both must meet the requirements of this Code.

      (2)   A certificate of approval by an approved agency shall be furnished with every prefabricated assembly, except where all elements of the assembly are readily accessible for inspection at the site. Placement of prefabricated assemblies at the building site shall be inspected by the Building Official to determine compliance with this Code and a final inspection shall be provided.

         (a)   Procedures for one-, two- and three-family dwellings shall be in accordance with the provisions of the Ohio Residential Code and this Code. Appeals of Building Official actions are to the Forest Park Board of Building Appeals.

(Ord. 24-2019, passed 8-5-19)

    The Code shall apply to new buildings and structures for business, mercantile, factory and industrial, storage, assembly, institutional, temporary, miscellaneous and residential occupancies and uses, their accessory structures and to their service parts which are hereafter erected in accordance with § 101.2 of the OBC or of the RCO as applicable. The Code shall also apply to existing buildings and structures in accordance with § 3401 of the OBC or § 113 of the RCO.

(Ord. 24-2019, passed 8-5-19)

   Except as otherwise herein provided, this Code does not require the upgrading, retrofitting, removal, alteration or abandonment of, nor prevent continued occupancy or use of an existing building unless such building shall be or become unsafe according to § 152.25.

(Ord. 24-2019, passed 8-5-19)

    All buildings and structures, all parts thereof, and all building service equipment shall be maintained in a safe and sanitary condition in accordance with § 3401.2 of the OBC, § 113.2 of the RCO, FPCO Chapter 155, Minimum Housing Standards, and FPCO Chapter 154, Miscellaneous Land Use Regulations.

(Ord. 24-2019, passed 8-5-19)

    Nothing contained in the Code shall be deemed to nullify or repeal any provision of the Forest Park Zoning Code (Chapter 150), Miscellaneous Land Use Regulations (Chapter 154) or any other law pertaining to the location, use or type of construction of any structure or other condition to which the Code may apply, except as such nullification or repeal may be specifically asserted by provisions of the Code.

(Ord. 24-2019, passed 8-5-19)

    The provisions of the Code may be amended as required. All amendments to the OBC and RCO shall be processed through the Ohio Board of Building Standards as prescribed in those Codes. Amendments to this code shall not be in conflict with any provisions of the OBC and/or RCO, and shall be processed through the City Council as required for revisions to the FPCO.

(Ord. 24-2019, passed 8-5-19)

   (A)    The provisions and requirements of these regulations shall be construed to be minimum requirements, and where not in conflict with any specific provision herein, nothing shall prohibit any person from exceeding these minimum requirements. The Building Official responsible for the enforcement of this Code shall have the first administrative authority to interpret and determine the intent and meaning of the provisions of the Code for enforcement purposes, and is authorized to issue policies and procedures in order to maintain consistency with legal actions and opinions, Board of Building Standards memoranda, code changes, and other exigencies.

   (B)   Technical data and interpretations issued by other sources are advisory in nature and may be received and considered by, but are not binding on the Building Official. In addition, any requirement essential for structural, fire or sanitary safety of an existing or proposed building or structure, or essential for the safety of the occupants thereof, and which is not specifically addressed by this Code, shall be determined by the Building Official.

(Ord. 24-2019, passed 8-5-19)

(Ord. 24-2019, passed 8-5-19)

   (A)   To be eligible for appointment as Building Official, an applicant must comply with all of the requirements established by the Ohio Board of Building Standards for the positions of Chief Building Official and Building Inspector, hold both certificates from the Ohio Board of Building Standards at the time of appointment, comply with all of the requirements established by the Ohio Board of Building Standards for the positions of Residential Building Official, Residential Plans Examiner, and Residential Building Inspector, hold certificates for those positions from the Ohio Board of Building Standards at the time of appointment, and meet such other standards as may be set by the Forest Park Building Department.

   (B)   The Building Official shall establish minimum qualifications for other building department personnel, including inspectors, elective inspectors, master plans examiners, master plans examiner trainees, electric plans examiners, permit technician, and counter personnel whether full-time, part-time employees or under contract, but in no case shall those qualifications be inferior to those established by the OBBS for those positions.

      (1)   In addition, the City Council shall require and support the appointee in the maintenance of the required certifications and educational requisites applicable to the position as well as in the pursuit of additional certifications applicable to construction regulation. Such certifications shall be accomplished at the earliest possible date practicable after appointment, and in accord with state law.

      (2)   The Building Official shall not have any interest directly or indirectly in the sale, manufacture or use of material or in contracting in connection with building work. He shall be in good health and be physically capable of making examinations and inspections of buildings.

(Ord. 24-2019, passed 8-5-19)

   The Building Official shall be appointed by the City Manager pursuant to Section 4.02 of the City Charter, subject to the requirements of R.C. § 3781.03 and § 152.12 in accordance with Title III, § 32.05 of the FPCO.

(Ord. 24-2019, passed 8-5-19)

    The duties and powers of the Building Official shall be in accordance with §§ 104 of the OBC and RCO, and with this code to the extent that the duties and powers listed herein are not in conflict with the OBC and RCO. The Building Official charged with the administration and enforcement of the entire Code shall, in the enforcement and administration of the Code, act on any question relative to the make or manner of construction and materials to be used in the erection, repair, removal, demolition, location, use, or occupancy of any structure and the maintenance of, addition to and installation of service equipment in all buildings and structures, except as may otherwise be specifically provided for by requirements of other laws or by other provisions of the Code. The Building Official shall, whether as included within, or as additional to the foregoing, perform the following specific duties:

   (F)   Periodic review. The Building Official shall periodically review all code provisions and standards. Whenever a new provision or standard is issued by the Ohio Board of Building Standards or when a provision or standard is amended or revised, the date of which is different from the currently listed for such standard, he shall so advise City Council, and take such steps as necessary to align the code with current Ohio law.

(Ord. 24-2019, passed 8-5-19)

   (A)    While the Building Official is responsible for all operations, duties, and work assigned to or lawfully contained under his control, he has the right and authority to delegate the authority, duties and responsibilities assigned to him. Such delegation shall be to staff members of the Building Department or to other contract or alternate personnel within the confines of the various job descriptions adopted for the positions and certification requirements of the State of Ohio. The delegation should be well defined and clearly understood by the staff members and third party contractors as to the contents of the delegation and the limits thereto.

   (B)   Staff members must perform all work delegated to them, but shall not assume duties of authority not specifically assigned to them. Only the Alternate Building Official, whether staff or third party contractor, has the authority to act or speak for the Building Official in the absence of the latter.

(Ord. 24-2019, passed 8-5-19)

(Ord. 24-2019, passed 8-5-19)

    The Planning Commission shall serve as the Board of Building Appeals in accordance with the provisions of RCO § 110.1 unless City Council shall designate another board or commission to be the Board of Building Appeals.

   (J)   Appeal. Any person adversely affected by an order of the Building Official, or by a decision of the Building Official not to approve plans, or not to allow specific materials or methods, or repair or demolition of a building or structure may appeal said decision within 30 days of the date of receipt of the written decision of the Building Official. Such appeal may proceed on the basis that the code or rules legally adopted thereunder have been incorrectly interpreted and/or applied by the Building Official in that particular case, or that there are no code or regulatory provisions covering the particular matter involved. A decision of the Building Official shall be deemed to be in writing if it is noted on the copy of the permit kept at the site of the work and signed by the appropriate inspector or other authorized representative of the Building Official. The Forest Park Board of Building Appeals shall rule on all appeals related to one-, two- and three-family buildings and upon requirements of this Code supplemental to the OBC and RCO. All other appeals shall be to the Ohio Board of Building Appeals in accordance with R.C. § 3781.19. Any person adversely affected by a decision of the Forest Park Board of Building Appeals may appeal said decision within 30 days after the date of said decision to the Hamilton County, Ohio, Common Pleas Court.

      (1)   The Board shall have the power to vary or adapt the strict application of any of the requirements of the Code, not under the jurisdiction of the State of Ohio Board of Building Appeals, in a specific case, and which will not be contrary to the public interest where a literal enforcement of such provisions will result in unnecessary hardship, in accordance with R.C. § 3781.19. In granting any variance, the Board shall prescribe any condition that it deems to be necessary or desirable. No variance in the application of any provision of this Code shall be granted by the Board unless it finds that the granting of the variance is necessary for the reasonable use of the property or building and that the variance granted by the Board is the minimum variance that will accomplish this purpose, and that the granting of the variance will be in harmony with the general purpose and intent of the Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

      (2)   In granting any variance, the Board may prescribe appropriate and reasonable conditions and safeguards in conformity with the Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the Code and punishable under § 152.23.

(Ord. 24-2019, passed 8-5-19)

      (1)   Electric installation or alterations. (Application by subcontractor to Inspection Bureau, Inc. (IBI);)

      (2)   Plumbing installation or alterations. (Application by subcontractor to Hamilton County Health Department (HCHD);)

      (3)   Sprinkler system or sprinkler system component installation, alteration or repair;

      (4)   Fire alarm system or alarm system component installation, alteration or repair, including supervision;

      (5)   Underground fire lines;

      (6)   Elevators;

      (7)   HVAC and mechanical equipment installation, alteration, or repair;

      (8)   Demolition;

      (9)   Exterior site work regulated by Chapter 154 of FPCO;

      (10)   Swimming pools;

      (11)   Sheds and other accessory structures;

      (12)   Signs.

   (G)   Revisions. If during the execution of the work or prior thereto, it is desired to deviate, in any manner affecting the construction or other essential feature of the work from the terms of the approved application, drawings, specifications or statement, notice of such intention to alter or deviate shall be given, in writing, to the Building Official and his written consent shall be obtained before such alteration or deviation may be made. If such change or deviation affects the bearing or structural parts of such work or its class of occupancy, new plans and specifications therefore, shall be submitted for approval. New plans shall be accompanied by a new application for permit with payment of fees per Chapter 156 of the FPCO.

      (1)   Unapproved revisions or the use of unapproved material in the work shall be treated as a violation of the Code as per § 152.23 and shall be remedied as provided in §§ 152.23(D) and (E). All work affected by the revisions or materials shall stop (as per § 152.24) until such time as proper documentation of the change is presented and approved. Any work in place shall be modified, changed or removed as necessary to achieve full compliance with the provisions of the Code.

(Ord. 24-2019, passed 8-5-19)

    Except as provided below, any person, firm or corporation who performs work for which a permit is required by the Code without having first secured a permit therefore shall be deemed in violation of the Code and subject to the penalties provided by the Code. Filing of an application for a permit does not constitute approval of plans or permission to work.

      (1)   In case of emergency where there is actual and immediate risk of failure of collapse of a structure, or the existence of defective equipment or service facilities such as to endanger life or health, or such other condition as to require immediate action to make repairs necessary to prevent the occurrence of such dangers, and time available is not sufficient to allow the securing of a permit, as required by the Code, the person, firm or corporation required to perform such repairs may proceed to do so after having first attempted to notify the Building Official of such fact. In case the Building Official is unavailable, notice shall be given on the next business day. Even in such emergencies, the required permit shall be obtained without unreasonable delay after installation starts, and in no case more than three working days, or an additional fee as provided below shall be charged for the permit.

      (2)   Before issuing such permit, the Building Official shall take necessary steps to determine whether work performed prior to the date of permit and inspection conforms to the Code. Such steps may include but shall not be limited to directing the tearing out of sections of surface work for access to subsurface sections, digging for access to foundation, pipeline and other subterranean work, and the like. The applicant for the permit shall perform all such work as may be directed at his own expense.

(Ord. 24-2019, passed 8-5-19)

(Ord. 24-2019, passed 8-5-19)

(Ord. 24-2019, passed 8-5-19)

 

   (A)    Building Department

   1201 W.Kemper Road

(B)   Plumbing Department

   Hamilton County Health Department

   250 William Howard Taft Road

   Cincinnati, OH 45219

(C)   Inspection Bureau, Inc.

   250 West Court Street

   Cincinnati, OH 45202

   (E)   Notice. It shall be mandatory that the holder of a permit notify the proper inspection agency when work is ready for the various "called for" inspections required by the terms of the permit and regulations. (See Table No. 22.) Such notice shall be given within a reasonable time before the inspection is desired, but in no event less than 24 hours in advance. Notice given on Friday or on a day prior to a legal holiday shall not constitute notice for inspection on a Saturday, Sunday or holiday unless arrangements have been made for inspection on such days. Before giving such notice, the holder of the permit shall first test the work and satisfy himself that it conforms to the approved plans and specifications and the requirements of the Code. Schedule and timing of inspections in special conditions shall be mutually agreed upon by the Building Official and the owner.

      (1)   A Certificate of Occupancy shall be obtained by the applicant for new buildings, additions, and change of occupancy in accordance with § 111 of the OBC or RCO. It shall be unlawful to occupy or use a new building or addition prior to the issuance of the Certificate of Occupancy.

      (2)   A Certificate of Completion shall be obtained by the applicant for alterations and repairs of existing buildings in accordance with § 111.1.2 of the OBC or RCO.

      (3)   Temporary occupancy. Upon the request of the holder of a permit, the Building Official may issue a temporary certificate of occupancy or temporary certificate of completion for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed, in accordance with § 111 of the OBC or RCO as applicable.

      (4)   The term of a temporary certificate of occupancy or completion shall be at the discretion of the Building Official; but, in no case shall the term of the first issuance or extension of a temporary certificate be longer than 30 days. An additional fee in accordance with Chapter 156 of the FPCO shall be paid by the owner or owner representative for the first temporary Certificate of Occupancy or Completion, and the fee shall thereafter be doubled for each extension of a temporary certificate.

      (5)   The applicant will be subject to penalties provided in the Forest Park Building Code if he allows the building or portion of thereof to be occupied before final inspection has been made and a Certificate of Occupancy or Completion has been issued.

      (6)   The fees for Certificate of Occupancy, Certificate of Completion, Temporary or Partial Certificate of Completion, shall be as indicated in the Comprehensive Fee Schedule, Chapter 156 of the FPCO.

(Ord. 24-2019, passed 8-5-19)

   (B)   Notice. The Building Official shall serve written notice of violation of the provisions of the Code, of violation of construction documentation approved thereunder, or of violation of a permit or certificate issued under the Code, or of unsafe building, of condemnation, of stop work orders, or of any other order of the Building Official, on the person(s) responsible for such violation or for its remedy in accordance with § 109 of the OBC or the RCO as appropriate. The Building Official shall order the discontinuance of illegal action or condition, the abatement or correction of any such violation or the taking of such action as may be necessary to achieve compliance with the Code, and he shall serve written notice of such order on such responsible person(s), and shall post such notices or orders as appropriate. The Building Official may also cancel any existing Certificate of Occupancy, or withhold an updated certificate if it is determined that such violation renders the building or part thereof to be unsafe (ref § 152.22 (J)(1)).

      (1)   Any person who violates any provision of the Code or fails to comply with any of its requirements, or who shall erect, construct, alter or repair, or do any work upon or in connection with any buildings or structures in violation of a plan therefor or a directive relating thereto made by the Building Official, or of a permit or certificate issued under the Code, shall, in addition to any civil or administrative remedies, be subject to criminal prosecution of such conduct or omission.

      (2)   If the offending person or entity receives a notice pursuant to this chapter for corrective action, or to stop work pending corrective action, and said person or entity fails to obey said notice, that person shall be charged with a violation, and such charge shall be considered a minor misdemeanor subject to a fine not to exceed $150. If two or more notices are given for the same unlawful conduct or failure to comply, said violation shall constitute a fourth degree misdemeanor subject to punishment of up to a maximum of $500 fine and 30 days incarceration. Each and every subsequent violation will be considered a separate fourth degree misdemeanor offense subject to separate charges and punishment.

(Ord. 24-2019, passed 8-5-19)

   (A)   Notice. Whenever it shall come to the attention of the Building Official that work of any kind is being prosecuted contrary to the provisions of the Code or in an unsafe or dangerous manner, he shall promptly issue a stop work order in accordance with § 109 of the OBC and RCO, and shall post at the site of the work a distinctive placard conforming to the approved rules informing the public and all concerned that work at the site has been stopped by official order.

(Ord. 24-2019, passed 8-5-19)

      (1)   When a building or structure is or hereafter shall become unsafe, substandard, unsanitary or deficient in adequate exit facilities, or which is or shall constitute a fire hazard, or is or shall become, in any way, dangerous to human life or public welfare, or which, by reason of illegal or improper use, occupancy or maintenance, is or shall become unsafe, it may be ordered demolished by the Building Official in accordance with § 109.4.1 of the OBC or the RCO as appropriate. Such order shall be issued only after proper inspection and evaluation by the Building Official. The results of such evaluation and the professional opinion of the Building Official shall be the factors which determine the terms of the order. Demolition work shall comply with FPCO § 154.65.

      (2)   In the alternative, the Building Official may permit the owner to make proper repairs to the building or structure. Such repairs shall render the building or structure safe and standard as deemed necessary by the Building Official and as provided in this section or any other applicable laws, ordinances or resolutions. The Building Official shall, when issuing the Unsafe Building Order, allow the owner the choice of demolition or repair of the property. When the option to rehabilitate a building or structure is accepted, the owner of the building or structure shall, within 30 days, make application for a permit to repair, or, if plans are required to obtain a permit, provide to the Building Official a letter of intent to obtain a permit prior to a date specified and approved by the Building Official. If the permit is not obtained within the time specified, or if the work is not pursued in accordance with the terms of the permit, as authorized by this Code, the Building Official may order the building or structure demolished without option of repair.

      (3)   A vacant building which is open at door, window or other openings, shall conclusively be deemed a fire hazard, unsafe, and abandoned, as described in FPCO § 153.05, unless it is permanently closed and protected in an approved manner. Notwithstanding that a vacant building may be permanently closed and protected; the Building Official may nevertheless order demolition in accordance with this section and § 109.4.1 of the OBC or the RCO, as appropriate.

      (1)   If an unsafe, substandard or unsanitary condition is found in a building or structure, the Building Official shall serve on the owner, or owners of record, agent or person in control of the building or structure a written order hereinafter referred to as an "unsafe building order". Such order shall designate the building or structure, describing the repairs or improvements required to render the building or structure or its equipment or service facilities safe, secure and/or sanitary, ordering that such repairs or improvements be made or that the building or structure or equipment or service facilities or unsafe portion thereof be demolished, within a period also stipulated in the order, not less than 30 days after by the date of the unsafe building order.

      (2)   Service of the written "Unsafe Building Order" shall be by certified mail return receipt requested directed to the last known address of the owner, agent and person in control of such unsafe building in accordance with § 109 of the OBC or RCO.

      (1)   The owner of any building or structure against which an unsafe building order has been issued and served under this section, shall have the right to appeal such order as provided under § 152.17(J) and R.C. § 3781.031.

      (2)   Such appeal shall be presented in writing within 30 days after service of such unsafe building order, but shall not operate to stay any emergency action or the performance of any emergency work on such building or structure which the Building Official deems immediately necessary as provided under § 152.26; nor shall such appeal be heard unless it alleges such order to be unnecessary, improper or unreasonable, and contains a statement of the specific reasons which the appellant contends support such allegation(s).

      (1)   The Building Official shall furnish a copy of all unsafe building orders to the public utilities serving that building or structure which services may be affected by the condition responsible for said order, and shall make thereon a request that service being furnished the building or structure by said utility be discontinued when, in his opinion, the continuance of said service will constitute a hazard to the public.

      (2)   Upon receipt of said copy of notice and the request thereof, the supplier of such service is authorized to discontinue its supply at the meter serving the designated portion of the building or structure. Such utility service may be reconnected upon certification by the Building Official that an inspection has been made, that the hazardous conditions have been corrected and that the affected service installation has been brought into substantial compliance with the requirements of the Code.

         (a)   The building or structure has been deemed to be unsafe as defined in § 152.30, and the provisions of divisions (A) through (G) of this section have been exhausted, and the building or structure has not been either brought into compliance with the FPBC or razed by the owner;

         (b)   The building or structure is at risk of imminent collapse; or

         (c)   The building is declared a nuisance in accordance with R.C. Chapter 3767, or FPCO § 153.05.

         (a)   Prepare a report of inspection and evaluation for condemnation over the signature of the Building Official;

         (b)   Obtain statement of departmental evaluation of property conditions and activities from the Fire, Police, Community Development and/or Public Works Departments;

         (c)   Obtain a true search for the property from a title search company;

         (d)   Obtain a survey of the property in question from a person or company experienced in the rehabilitation of buildings to determine whether the condition of the property is a factor seriously depreciating neighborhood property values;

         (e)   Schedule a public hearing to determine whether the building or structure constitutes a public nuisance such that it should be demolished;

         (f)   Send notices of the public hearing to all known parties with an interest in the property, and to others as appropriate, by certified mail not less than 30 days prior to the public hearing;

         (g)   Post a copy of the Notice of Public Hearing on the subject premises not less than 30 days prior to the public hearing;

         (h)   Publish the Notice of Public Hearing in a local newspaper at least once a week for three consecutive weeks prior to the public hearing;

         (i)   Conduct the public hearing by the Board of Building Appeals in accordance with R.C. Chapter 119;

         (j)   Witnesses must be sworn before testifying. Parties with interest in the property shall be permitted to appear and be heard in person, or be represented by an attorney, in opposition to the proposed demolition of the building, and to do all of the following:

            1.   Present the party's position, arguments, and contentions;

            2.   Offer and examine witnesses and present evidence in support;

            3.   Cross-examine witnesses purporting to refute the party's position, arguments, and contentions;

            4.   Offer evidence to refute evidence and testimony offered in opposition to his position, arguments, and contentions;

            5.   Proffer any such evidence for entry into the record, if the Building Department Director has previously not entered it into the record;

         (k)   If, from the evidence received at the public hearing, the Board of Building Appeals concludes:

            1.   The city has exhausted reasonable efforts to cause the building to be brought into compliance with the FPBC; and

            2.   The subject building is a public nuisance under the standards of this section or because of age, obsolescence, dilapidation, deterioration, lack of maintenance or repair or any combination thereof constitutes a serious fire hazard, a serious health hazard, a substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other premises within the neighborhood, or a factor seriously depreciating property values in the neighborhood, then the Building Official shall proceed as further indicated herein;

         (l)   Notify all parties with an interest in the property of the Board of Building Appeals decision by certified mail, by posting the decision on the premises, and by publication at least once in the local newspaper. Again notify all parties of the right to appeal to the Court of Common Pleas;

         (m)   Obtain City Manager determination of city intent to demolish;

         (n)   Obtain a City Council resolution to affirm the City Manager's intent to cause demolition of the property;

         (o)   Obtain at least three bids from demolition contractors to demolish the structure and restore the property to a safe condition;

         (p)   Notify the demolition contractors of the winning bid, and negotiate a contract, with specifications, for the work to be accomplished;

         (q)   Proceed with demolition if there is no appeal of the notice of intent to demolish within 30 days of the notice of intent to demolish.

         (a)   The subject building has been sold or transferred and if the Building Official is satisfied that its new owner has the present capacity and intent to bring the subject building and its premises into compliance with the FPBC or be taken down and removed, within 30 days or such other time as may be allowed by the Building Official; or

         (b)   The owner has applied for and obtained an administrative stay pursuant to division (K)(4) of this section.

      (1)   If the fire loss otherwise payable to a named insured, as determined or agreed to by the named insured or insureds and the company or companies issuing fire loss policies, equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the company or companies shall transfer from the insurance proceeds to the City Manager in the aggregate $2,000 for each $15,000, and each fraction of that amount, of a claim or, if, at the time of a proof of loss determined or agreed to between the named insured or insureds and insurance company or companies, the named insured or insureds have submitted a contract or signed estimate of the cost of removing, repairing or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate.

      (2)   The transfer of proceeds required herein shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer of funds to the municipal corporation shall be disbursed in accordance with the policy terms.

      (3)   The named insured or insureds may submit a contract or signed estimate of the cost of removing, repairing or securing the building or other structure after the transfer of funds required by division (L)(1) of this section. If so, the City Manager shall return the amount of the fund that exceeds the estimate given by the named insured or insureds, provided that the city has not commenced to remove, repair or secure the building or other structure. If the city has begun any such removal, repair or security of the building or other structure, then the city shall be entitled to retain that portion of the funds to fully pay the estimate and also all expenses previously incurred by the city.

      (4)   Upon receipt of the proceeds required herein, the City Manager shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing any building or structure as incurred by the city pursuant to R.C. § 715.261.

      (5)   Upon the receipt from an insurance company of the name and address of the named insured or insureds, the city shall notify by certified mail the named insured or insureds that the insurance proceeds have been received by the city, and that the following procedures will be followed:

         (a)   The fund received shall be returned to the named insured or insureds when the repairs, removal or security of the building or other structures have been completed, and written proof received by the City Manager, if the city has not itself incurred any cost for the repairs, of removal or securing.

         (b)   The city will be reimbursed from this fund any amounts it has incurred for the cost to repair, remove or secure, in full or in part, any damaged building or structure for which the fund monies were received.

         (c)   The amount of monies held in the fund that are not needed to reimburse the city for costs incurred shall be returned to the named insured or insureds no later than 60 days after the City Manager receives the written proof of repairs.

      (6)   Nothing in this section shall be construed to limit the ability of the city to recover any deficiency under R.C. § 715.261.

      (7)   Nothing in this section shall be construed to prohibit the city and the named insured or insureds from entering into an agreement that permits the transfer of funds to the named insured or insureds if some other reasonable disposition of the damaged property has been negotiated.

(Ord. 24-2019, passed 8-5-19)

      (1)    When, in the opinion of the Building Official, there is actual and immediate risk of failure or collapse of a building or structure, or any part thereof, or the existence of defective equipment or service facilities such as to endanger life or health, or when any structure or part of a structure has fallen or failed, and use or occupancy of the structure, equipment, service facility and/or equipment or part thereof would endanger life or health, he is hereby authorized and empowered to order and require the occupants to vacate the building, and/or to forthwith cease, desist and refrain from use or operation of the building, structure, equipment, service facility or part thereof which is deemed dangerous. If such order is made, he shall cause to be posted a notice to the effect that "This Building is Unsafe and Its Use or Operation is Prohibited by Law."

      (2)   It shall be unlawful for any person thereafter to enter, use and/or operate such structure, or any part, equipment, service facility thereof. Repair or demolition personnel may enter after notice to the Building Official and issuance of permits.

(Ord. 24-2019, passed 8-5-19)

    Fees for permits, inspections, certificates shall be paid to the city as set forth in Chapter 156 (Comprehensive Fee Schedule).

(Ord. 24-2019, passed 8-5-19)

    Refund of permit fees may be authorized in accordance with Chapter 156 (Comprehensive Fee Schedule).

(Ord. 24-2019, passed 8-5-19)

    The following rules of language construction shall apply to the provision of these regulations.

   (A)   Specific provisions shall control the general provision.

   (B)   In case of any difference of meaning or implication between the provision of these regulations and any caption or illustration, the written provision shall control.

   (C)   The word "shall" is always mandatory and not discretionary. The words "may" or "should' are permissive.

   (D)   Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

   (E)   Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or units connected by conjunction "and", "or", "either/or", the conjunction shall be interpreted as follows:

      (1)   "And" indicates that all connected items, conditions, provisions or events shall apply.

      (2)   "Or" indicates that the connected items, conditions, provisions or events may apply singly.

   (F)   Words in the masculine gender include the feminine, and the feminine, the masculine.

(Ord. 24-2019, passed 8-5-19)

    For the purpose of this Code, and any written or verbal reference thereto, those abbreviations, terms, phrases, words and their derivatives are used as defined below. The following definitions are supplemental to those found in the adopted Codes:

      (1)   A channel at the eaves for collecting and conveying rainwater draining off of the roof.

      (2)   A channel formed by the street curb and paving used to convey storm water to proper outflow.

      (1)   In any story, the vertical elements of the lateral force-resisting system have suffered damage such that the lateral load-carrying capacity of the structure in any horizontal direction has been reduced by more than 20% from its pre-damage condition; or

      (2)   The capacity of any vertical gravity load-carrying component, or any group of such components, that supports more than 30% of the total area of the structure's floor(s) and roof(s) has been reduced more than 20% from its pre-damage condition and the remaining capacity of such affected elements, with respect to all dead and live loads, is less than 75% of that required by this Code for new buildings of similar structure, purpose and location.

   UNSAFE BUILDING. Buildings, structures, or existing equipment that are unsafe or unsanitary due to substantial structural damage, inadequate means of egress, facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life, shall be deemed a serious hazard and unsafe. Where a building, or structure, or equipment are found to be a serious hazard, such hazard shall be eliminated, or the building be vacated, and where such building, when vacated, remains a hazard, shall be razed (§ 109.4). Any building, structure, equipment, or premises wherein there exists any of the following conditions to an extent that endangers the life, limb, health, property, safety, or welfares of the occupants, or of the public, shall be deemed, and hereby is declared to be an unsafe building:

      (1)   Structural hazards.

         (a)   Conditions of "substantial structural damage" as defined in this Code.

         (b)   Whenever any portion thereof has been damaged by fire, earthquake, wind, or flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of these regulations for new buildings of similar structure, purpose or location.

         (c)   Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

         (d)   Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in these regulations for a new building of similar structure, purpose or location without exceeding the working stresses permitted in these regulations for such buildings.

         (e)   Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

         (f)   Whenever the building or structure, or any portion thereof, is unable to support the imposed loads because of:

            1.   Dilapidation, deterioration or decay;

            2.   Faulty construction;

            3.   The removal, movement or stability of any portion of the ground necessary for the purpose of supporting such building;

            4.   The deterioration, decay or inadequacy of its foundation;

            5.   Deterioration or inadequate foundations;

            6.   Defective or deteriorated flooring or floor supports;

            7.   Members of walls, partitions or other vertical supports that are split, that lean, list or buckle due to defective material or deterioration;

            8.   Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety;

            9.   Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;

            10.   Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are of insufficient size to carry imposed loads with safety;

            11.   Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration;

            12.   Fireplaces or chimneys which are of insufficient size or strength.

      (2)   Inadequate sanitation. Inadequate sanitation shall include but not be limited to:

         (a)   Lack of improper water closets, lavatories and bathtubs or showers as required by Code(s);

         (b)   Lack of or improper kitchen sink or hot and cold running water to plumbing fixtures due to severe failure of maintenance of the plumbing system.

         (c)   Lack of adequate heating facilities.

         (d)   Lack of minimum amounts of natural light and ventilation required by these regulations.

         (e)   Lack of required electrical lighting due to severe failure of maintenance of the electrical system.

         (f)   Excessive dampness of habitable rooms such as to cause mold, mildew, decay, rot or infestation.

         (g)   Lack of compliance with Hamilton County Health Regulations, regarding sanitary and sewage conditions, garbage storage and removal, infestation of insects, vermin or rodents, and the like.

         (h)   Whenever a building, used or intended to be used for dwelling purposes because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the Health Officer to be unsanitary, unfit for human habitation or in such condition that is likely to cause sickness or disease.

      (3)   Fire hazard. Any building or portion thereof, device, apparatus, equipment, electrical installation, fuel connections, combustible waste or vegetation which, in the opinion of the Fire Department is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

      (4)   Inadequate fire-protection or fire-fighting equipment. All buildings or portions thereof which are not provided with fire-resistive construction or fire extinguishing systems or equipment required by these regulations except buildings or portions thereof which conformed with all applicable laws at the time of their construction, and which existing fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any change in occupancy.

      (5)   Inadequate exits. All buildings or portions thereof not provided with adequate exit facilities as required by these regulations, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of or improper location of exits, the installation of additional exits may be required.

         (a)   Whenever any door, aisle, passageway, stairway or other means of egress that does not conform to the building or fire codes for existing buildings.

         (b)   Whenever any exterior stairs, decks, porches, balconies, guards, handrails are not structurally sound or are not properly enclosed such that those egress elements are not capable of supporting the required dead and live loads.

      (6)   Improper occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which are not designed or intended to be used for such occupancies.

      (7)   Whenever the building has been abandoned or so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:

         (a)   An attractive nuisance to children;

         (b)   A harbor for vagrants, criminals or immoral persons;

         (c)   Predisposed to enable persons to resort thereto for the purpose of committing unlawful or immoral acts; or

         (d)   A nuisance as defined in these regulations.

      (8)   Faulty weather protection such as to cause a serious hazard relative to those conditions listed in divisions (1) through (7) above.

      (9)   The above unsafe condition descriptions may be further defined and delineated by the adopted IPMC definitions (§§ 108.1.5, 304.1.1, 305.1.1, 306.1.1).

(Ord. 24-2019, passed 8-5-19)