The purpose of Chapter 154: Miscellaneous Land Use Regulations is to supplement the Building, Zoning, and Housing Standards Ordinances by providing uniform regulations to establish minimum standards for the design, installation, and maintenance of those features of properties not addressed by the Building Code, the Ohio Building Code, and the Residential Code of Ohio so as not to be in conflict with the Ohio Building Code or the Residential Code of Ohio, in conformance with Ohio law, as well as to complement other city ordinances.

(Ord. 25-2019, passed 8-5-19)

    These regulations, promulgated pursuant to R.C. §§ 715.03, 715.27, and 715.44 by the City Council, shall take effect on September 4, 2019 and supersede all prior editions of Chapter 154: Miscellaneous Land Use Regulations.

(Ord. 25-2019, passed 8-5-19)

   Application of the requirements of this chapter shall be as defined in each section below. Enforcement of Subchapters A, B, and C shall be by the Community Development Department; the enforcement of Subchapter E shall be by the Building Department.

(Ord. 25-2019, passed 8-5-19)

   (A)   Relationship to other laws. Nothing contained in these regulations shall be deemed to nullify or repeal any provisions of Chapter 152, the Building Code; Chapter 150, the Zoning Code, laws of the State of Ohio, federal law, other regulations of the city, or any laws or rules promulgated by authority of such law related to the purpose and scope of these regulations. Amendments to these regulations, and the interpretation or enforcement of these regulations shall not create a conflict with either the Ohio Building Code or the Residential Code of Ohio.

(Ord. 25-2019, passed 8-5-19)

    Partial invalidity. In the event any part or provision of the chapter is held to be illegal or void by a court of competent jurisdiction, such ruling shall not have the effect of making illegal or void other parts or provisions herein. It shall be presumed in such event that this chapter would have been enacted had such illegal or invalid parts or provisions not been included, and the remainder of the Code shall continue in full force and effect regardless of the extent to which such illegal or invalid parts or provisions may be integrated in the remaining portions of this chapter.

(Ord. 25-2019, passed 8-5-19)

   (A)    The violation of Subchapter A shall be a minor misdemeanor, and whoever is found to be in violation thereof by failure to install or change the numbering on any building in the city, shall be fined not more than $500. Each day of violation after the date listed in the warning notice shall constitute a separate offense.

   (B)   The violation of Subchapter C shall be a minor misdemeanor, and whoever is found to be in violation thereof by failure to comply, shall be fined not more than $500. Each day of violation after the date listed in the warning notice shall constitute a separate offense.

   (C)   The processing of violations and penalties of Subchapter E shall be in accordance with § 154.58.

(Ord. 25-2019, passed 8-5-19)

   Appeals of the requirements and/or enforcement of Subchapters A, B and C of Chapter 154 shall be in accordance with §§ 150.180 et seq. Appeals of the requirements and/or enforcement of Subchapter E of Chapter 154 shall be in accordance with § 154.58, Board of Appeals.

(Ord. 25-2019, passed 8-5-19)

   (A)   Rules and regulations concerning numbering of buildings.

      (1)   The numbering or renumbering of the buildings in the city shall be under the supervision of the Director of Community Development.

      (2)   All buildings shall bear an assigned number, either mounted on or near the building, that can be clearly observed from the street upon which the building fronts. The numbers must be at least two feet above grade.

      (3)   Notices of a change of number shall be delivered to the occupant or owner of any building, advising them of the change. The occupant or owner shall effect the change within ten days after receipt of the notice.

      (4)   A notice shall be issued to the occupant or owner of any building on which a properly assigned house number is not visible, notifying them to abide by the order.

      (5)   All existing numbers as previously assigned or changed by the city shall constitute the official designated house numbers for each building.

(Ord. 25-2019, passed 8-5-19)

   (A)   The developer.

      (1)   The developer shall submit to the City Manager five copies of a request for street acceptance on a form provided by the city.

      (2)   The following information must be included: subdivision, section, part, block, plat, book, page number, and signature of developer with date.

      (3)   The City Manager shall file a copy of the request with the Clerk of Council as notice to the City Council and shall refer a copy to the Public Works Director, City Engineer, and Community Development Director for their review and recommendation.

      (1)   The Public Works Director shall indicate the amount of the performance and maintenance bonds with duration or expiration dates. No bonds may expire between November 15 and April 15.

      (2)   The Public Works Director shall inspect the street and make his recommendations. If any repairs or corrections are necessary, he shall advise the City Manager in his report. He shall consult with the City Engineer and secure his recommendation, and shall indicate that all required monuments have been installed and all utilities approved by appropriate agencies.

      (1)   The Community Development Director shall submit the proposed street acceptance application to the Planning Commission for its concurrence and approval.

      (2)   Upon concurrence and approval by the Planning Commission, the Director shall file a report of the Commission's actions with the City Manager.

   (D)   The City Manager, upon receipt of reports from the Public Works Director, City Engineer, and Community Development Director, shall file with City Council his recommendations regarding the street acceptance application.

   (E)   The developer shall post all required performance and maintenance bonds with the City Clerk prior to the City Council's accepting the street. No bonds shall be accepted which expire without prior approval by the city.

   (F)   The City Council shall review the City Manager's recommendations and if it determines that all requirements have been met, it may accept the street by ordinance. Streets may be accepted by the City Council at any time during the year but the bonds may not expire between November 15 and April 15.

(Ord. 25-2019, passed 8-5-19)

    The administration of FPCO 154, Subchapter E shall be by the Forest Park Building Department.

(Ord. 25-2019, passed 8-5-19)

(Ord. 25-2019, passed 8-5-19)

         (a)   Permits for work to correct conditions hazardous to the public.

         (b)   Demolition and moving permits.

         (c)   Permit extensions.

         (d)   Exterior work exposed to public view.

   (E)   Construction documents. Construction documents shall be submitted for approval prior to beginning any construction regulated by this chapter. Construction documents shall include a site plan showing the location of the proposed improvements, plan views, elevation, sections, details, and product data sufficient to describe the project for the purpose of plan review and approval, and be sufficient to indicate compliance with the requirements of this chapter and appropriate standards.

      (1)   Unapproved revisions or the use of unapproved material in the work shall be treated as a violation of this chapter in accordance with § 154.58 and shall be remedied as provided in that section. All work affected by the revisions or materials shall stop 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 this chapter.

      (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 this chapter. 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.

         (a)   Project documents. Project documents shall include application and plans or other relevant documentation sufficient to:

            1.   Identify and describe all work to be performed, and for which application for approval is made.

            2.   Describe the land on which the proposed work is to be done by address and plot plan.

            3.   Identify, indicate, and provide other relevant construction data, listings, agency approvals, shop drawings, and/or manufacturer data and installation instructions.

            4.   Identify the owner or owner agent by name and signature.

         (b)   Order of plan review. Construction documents submitted for approval shall be examined for compliance with the requirements of this chapter in the order received unless otherwise consented to by the owner.

         (c)   Approval of application and documentation. When the construction documents have been determined to conform to the applicable requirements of this chapter, the Building Official stamps such plans as approved and issues the certificate of approval/permit.

         (d)   Denial of approval. If construction documents are determined to be incomplete or inadequate for examination, the Building Official shall communicate the issues of non-compliance to the owner or owner representative as an adjudication order, allowing appeal of such order in accordance with § 154.58(A) and (B), or otherwise indicating plan revisions or other documentation required for approval. The Building Official may issue a partial or fast track approval as may be warranted by the completeness of the construction documentation.

         (e)   Distribution of approved construction documents. The Building Department shall retain two sets of the approved construction documents (one for the file, and one for the inspector), and provide one (or more as requested by the owner) to the owner for retention on the job site.

(Ord. 25-2019, passed 8-5-19)

      (2)   The term of a temporary certificate of 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 of completion 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 completion, and the fee shall be thereafter doubled for each extension of a temporary certificate of completion.

      (3)   The applicant will be subject to penalties provided in this chapter if he allows occupancy or use before final inspection has been made and a certificate of completion has been issued.

(Ord. 25-2019, passed 8-5-19)

    Fees for permits, inspections, certificates shall be paid to the city as set forth in Chapter 156 of the FPCO.

(Ord. 25-2019, passed 8-5-19)

    Applications for variances to the requirements of this chapter not otherwise established by the Ohio Board of Building Standards or by the Ohio Department of Health may be filed with the City of Forest Park Board of Building Appeals. Applicants for appeal of Building Department interpretation or enforcement of these requirements herein not within the purview of the OBBS or Department of Health may also be to the Board of Building Appeals. All appeals of OBBS requirements for public pools and their enclosures must be to the Ohio Board of Building Appeals. Appeals of Ohio Department of Health requirements for public pools and spas must be to that agency.

(Ord. 25-2019, passed 8-5-19)

    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 chapter shall have the first administrative authority to interpret and determine the intent and meaning of these provisions for enforcement purposes, and is authorized to issue policies and procedures in order to maintain consistency with legal actions and opinions, code changes, and other exigencies. 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. Any requirement essential for the safety of the general public or occupants, and which is not specifically addressed by this chapter, shall be determined by the Building Official.

(Ord. 25-2019, passed 8-5-19)

      (1)   Clearly identify the section of law or rules violated (with violations related to accessibility being clearly indicated separately).

      (2)   Specifically indicate which detail, installation, site work, material, device, alteration, addition, construction document, assemblages, or procedures which are necessary to be changed in order to comply with the order.

      (3)   Stop work orders are to be specifically limited to the work initially affected by the violation, allowing other non-affected work to continue. Stop work orders are to be issued to the owner, owner representative, and the person(s) doing the work.

      (4)   Include the procedure for appeal and right to a hearing if requested within 30 days of the order date. The order shall also indicate that, at the hearing, the owner may be represented by counsel, present arguments or contentions orally or in writing, and present evidence and examine witnesses appearing for or against the owner.

      (5)   Specify a reasonable time in which to bring the item(s) in the order into compliance.

      (6)   Be signed by the Building Official.

      (7)   Be sent by certified mail, return receipt requested, to the owner and any owner agent or representative.

      (1)   Any person who violates any provision of this chapter 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 hereunder 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 receive a notice pursuant to this chapter for corrective action, or to stop all 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.

         (a)   When a premises or structure is or hereafter shall become unsafe, substandard, unsanitary 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 this section. 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 § 154.65.

         (b)   As an alternative, the Building Official may permit the owner to make proper repairs to remediate the hazard. Such repairs shall render the property 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. When the option to rehabilitate a premises 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 chapter, the Building Official may order a structure demolished without option of repair.

         (a)   If an unsafe, substandard or unsanitary condition is found in a structure or on the premises, the Building Official shall serve on the owner, or owners of record, agent or person in control of the premises a written order, hereinafter referred to as an "unsafe structure/premises order". Such order shall designate the structure or premises, describing the repairs or improvements required to render the premises safe, secure and/or sanitary, ordering that such repairs or improvements be made or that the premises 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 structure/premises order.

         (b)   Service of the written "unsafe structure/premises order" shall be by certified mail, return receipt requested directed to the last known address of the owner, agent or person in control of such unsafe building in accordance with this chapter.

         (a)   The owner of any premises or structure against which an unsafe structure/premises order has been issued and served under this section, shall have the right to appeal such order as provided under this section.

         (b)   Such appeal shall be presented in writing within 30 days after service of such unsafe structure/premises, but shall not operate to stay any emergency action or the performance of any emergency work on a premises which the Building Official deems immediately necessary; 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).

         (a)   Structures/premises subject to demolition. A structure shall be subject to demolition by the Building Official whenever:

            1.   The structure has been deemed to be unsafe as defined in § 152.30, and the provisions of this chapter have been exhausted, and the structure has not been either brought into compliance with this chapter or razed by the owner;

            2.   The structure is at risk of imminent collapse; or

            3.   The structure is declared a nuisance in accordance with R.C. Chapter 3767, or any other statute or administrative rule.

         (b)   Administrative procedures. The Building Official shall establish procedures and timelines to standardize Building Department actions whenever the Building Official becomes aware of a premises or structure which is or may become subject to demolition by the city. These procedures shall be consistent with this section, R.C. §§ 119.06 to 119.13, 715.26 and 715.261, and R.C. Chapters 3767, 3781 and 3791, as those provisions of Ohio law are applicable. Administrative procedures for the demolition of a structure shall include, at a minimum, the following:

            1.   Prepare a report of inspection and evaluation for condemnation over the signature of the Building Official.

            2.   Obtain statements of departmental evaluation of property conditions and activities from the Fire, Police, Community Development and/or Public Works Departments.

            3.   Obtain a title search for the property from a title search company.

            4.   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.

            5.   Schedule a public hearing to determine whether the structure or premises constitutes a public nuisance such that it should be demolished.

            6.   Send notices of the public hearing to all known parties with an interest in the property by certified mail not less than 30 days prior to the public hearing.

            7.   Post a copy of the notice of public hearing on the subject premises not less than 30 days prior to the public hearing.

            8.   Publish the notice of public hearing in a local newspaper at least once a week for three consecutive weeks prior to the public hearing.

            9.   Conduct the public hearing by the Board of Building Appeals in accordance with R.C. Chapter 119.

            10.   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:

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

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

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

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

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

            11.   If, from the evidence received at the public hearing, the Board of Building Appeals concludes:

               a.   The city has exhausted reasonable efforts to cause the structure and/or premises to be brought into compliance with the FPBC; and

               b.   The subject structure/premises 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 here.

            12.   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.

            13.   Obtain City Manager determination of city intent to demolish.

            14.   Obtain a City Council resolution to affirm the City Manager's intent to cause demolition of the property.

            15.   Obtain at least three bids from demolition contractors to demolish the structure and restore the property to a safe condition.

            16.   Notify the demolition contractors of the winning bid, and negotiate a contract, with specifications, for the work to be accomplished.

            17.   Proceed with demolition if there is no appeal of the notice of intent to demolish by the day following the date of the last publication of the notice or the day following the termination of appeal right, whichever is the later date.

      (1)   The subject structure/premises 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

      (2)   The owner has applied for and obtained an administrative stay pursuant to division (L) of this section.

   (L)   Administrative stay. The owner of any structure subject to demolition under the above administrative procedures may apply to the Building Official for a stay of the demolition. The owner shall give the City Treasurer a bond in the amount equal to the costs of demolishing the structure and restoring the premises to a safe condition as estimated by the Building Official, conditioned on the owner's causing the subject structure to be brought into compliance with the FPBC or this chapter. The Building Official may grant a stay for a period not to exceed 90 days on finding that the delay in demolition will not pose an imminent peril to the public. The director may extend a stay for an additional 90 days on being satisfied that the owner is diligently causing the structure to be brought into compliance with this chapter. If the owner fails to bring the structure into compliance within the period of the stay, the bond shall be forfeited. The owner may otherwise obtain a permit to either demolish or rehabilitate the structure within 30 days of the notification of Board of Building Appeals decision, and agree to comply with the conditions of the permit. Failing an administrative stay or issuance of a building permit, the director shall proceed with the condemnation and demolition process to demolish the structure and restore the premises to a safe condition, free from any public nuisance.

      (1)   It shall be unlawful for any person thereafter to enter, use and/or operate such premises, 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. 25-2019, passed 8-5-19)

   (A)   For the purposes of this chapter, words and phrases used shall have the meanings as provided in the Building Code (Chapter 152), the Zoning Code (Chapter 150), the Residential Code of Ohio (RCO), the Ohio Building Code (OBC), the Ohio Department of Health Swimming Pool Regulations, OAC 3701-31, and the International Codes collection, in that order of preference, unless otherwise defined herein.

   (B)   Words used are interchangeable in the past, present, or future tense; in the masculine, feminine or neuter gender; and in the singular or plural number.

   (C)   Where a term is not defined in any of the above referenced documents, a definition found in any other code publication of the International Code Council shall be used as applicable. Where terms are not defined in any of the documents described here, such terms shall be defined as found in any standard dictionary.

   (D)   Specific definitions.

(Ord. 25-2019, passed 8-5-19)

    Private residential swimming pools, spas/hot tubs and pools/ponds/lakes are regulated by this chapter. All other swimming pools, spas, hot tubs, as well as residential swimming pools (serving more than three dwelling units) and special use pools as defined in O.A.C. 3701-31 are regulated by this chapter and by O.A.C. 3701-31 as enforced by the Ohio Department of Health, through the Hamilton County Health Department acting as agent for the Ohio Department of Health. Pools/ponds/lakes which are required, permitted, or otherwise regulated by the Stormwater Management Code (Chapter 51) must also meet the requirements of that Code.

      (1)   Ohio Building Code 2017 Edition, § 3109, to regulate public and residential swimming pool, hot tub and spa enclosures and safety devices.

      (2)   International Swimming Pool and Spa Code (ISPSC), 2018 Edition, as promulgated by the International Code Council, to regulate private residential pools, spas, and hot tubs.

      (1)   Stormwater retention and detention ponds constructed and maintained as permitted by the city Stormwater Utility.

      (2)   Garden water features, whether public or private, with water depths no greater than 12 inches.

      (3)   Small portable wading and play pools: on private one- or two-family properties, no greater than 12 inches in depth, without permanent water source, and without filtration, circulation or heating equipment or without structural materials regulated by the RCO.

      (4)   Hot tubs or pools less than 48 inches deep located entirely inside a building, used for therapeutic purposes, and used under the direct supervision and control of licensed medical personnel.

      (5)   Existing pools, spas, hot tubs or ponds permitted by and constructed in accordance with regulations in effect prior to the effective date of this chapter.

      (6)   Ponds, lakes or other bodies of water (except swimming pools, spas and hot tubs) approved by the Planning Commission as part of a development plan, development plan revision, site plan approval, or variance approval.

      (5)   Fence/enclosure permit. Every swimming pool, spa, hot tub, pond or other water feature not exempt from the requirement for a permit by division (B) of this section, above, is required to be enclosed in accordance with the Building Code (OBC § 3109 or ISPSC, § 305 as appropriate to the application). Application, documentation, plans approval, and permit are required for such enclosures.

         (a)   Private ponds and lakes shall be located within the rear setback only and occupy no more than 35% of the required rear yard in accordance with § 150.12. Such bodies of water shall be located a minimum ten feet from a lot line and six feet from a house.

         (b)   Private garden water features with water depths less than 12 inches are not regulated.

(Ord. 25-2019, passed 8-5-19)

   Patio covers shall conform to the requirements of the Residential Code of Ohio, 2019 Edition, the International Residential Code, Appendix H, 2018 Edition, and this section.

(Ord. 25-2019, passed 8-5-19)

      (1)   The IPMC is adopted by the city as supplemental to Chapter 155, Minimum Housing Standards of the FPCO, which is enforced by the Community Development Department. In the event of any conflict of intent, meaning, requirements, enforcement or jurisdiction, the Minimum Housing Standards, Chapter 155, shall be the final authority.

      (2)   Chapter 1, Scope and Administration.

         (a)   Section 101.1 Title: Delete in the entirety.

         (b)   Section 102.3 Application to other codes: Substitute 'Ohio Building Code' for 'International Building Code'; 'Ohio Fire Code' for 'International Fire Code'; 'Ohio Mechanical Code' for 'International Mechanical Code'; 'Residential Code of Ohio' for 'International Residential Code’; 'Ohio Plumbing Code' for 'International Plumbing Code'.

         (c)   Section 103 Department of Property Maintenance Inspection; Delete in the entirety.

         (d)   The term 'code official' used in Chapter 1 and throughout the International Property Maintenance Code shall refer to the Building Official.

         (e)   Section 106 Violations. Delete in the entirety.

         (f)   Section 107. Notices and Orders: Delete in the entirety.

         (g)   Section 108. Unsafe Structures and Equipment. Delete in the entirety.

         (h)   Section 109. Emergency Measures. Delete in the entirety.

         (i)   Section 110. Demolition. Delete in the entirety.

         (j)   Section 111. Means of Appeal. Delete in the entirety.

         (k)   Section 112. Stop Work Order. Delete in the entirety.

      (3)   Chapter 3, General Requirements.

         (a)   Section 302.1 Sanitation: Delete in the entirety.

         (b)   Section 302.4 Weeds: Delete in the entirety.

         (c)   Section 302.5 Rodent harborage: Delete in the entirety.

         (d)   Section 302.8 Motor vehicles: Delete in the entirety.

         (e)   Section 302.9 Defacement of property: Delete in the entirety.

         (f)   Section 303 Enclosures: Swimming Pools, Spas, and Hot Tubs. Delete in the entirety.

         (g)   Section 304.1.1 Unsafe conditions: Delete in the entirety.

         (h)   Section 304.3 Premises identification: Delete the final sentence.

         (i)   Section 304.14 Insert screens: Delete in the entirety.

         (j)   Section 305.1.1 Unsafe conditions. Delete in the entirety.

         (k)   Section 306.1.1 Unsafe conditions. Delete in the entirety.

         (l)   Section 308 - Rubbish and Garbage: Delete in the entirety.

         (m)   Section 309 Pest Elimination. Delete in the entirety.

      (4)   Chapter 4, Light Ventilation and Occupancy Limitations.

         (a)   Delete Chapter 4 Sections 401.1 thru 404.7 in the entirety, and substitute the following: 'Section 401.1 Maintenance. Lighting, ventilation, and occupancy limitations of the OBC or RCO shall be maintained operational and safe throughout the times a building is occupied.'

      (5)   Chapter 5, Plumbing Facilities and Fixture Requirements.

         (a)   Delete Chapter 4 (sections 501 thru 507) in the entirety and substitute the following: 'Section 501.1 Maintenance. Plumbing facilities required by the building code at the time of construction or alteration of a building shall be maintained operational and safe throughout the times a building is occupied. No existing plumbing installation may be altered or removed without a permit.’

      (6)   Chapter 6, Mechanical and Electrical Requirements.

         (a)   Delete Chapter 4 (Section 601 thru 607) in the entirety, and substitute the following: ‘Section 601.1 Maintenance. Mechanical and electrical equipment and facilities required by the building code at the time of construction or alteration of a building shall be maintained operational and safe through the times the building is occupied. No existing mechanical or electrical installation may be altered or removed without permit.’

      (7)   Chapter 7, Fire Safety Requirements.

         (a)   Section 702.1 General: Delete 'International'

         (b)   Section 702.2 Aisles: Delete 'International'

         (c)   Section 702.3 Locked Doors: Delete 'International'

         (d)   Section 703.2 Unsafe Conditions. Delete 'International' (two locations)

         (e)   Section 703.7. Vertical shafts. Delete 'International'

         (f)   Section 704 Fire Protection Systems: Delete 'International' throughout. Add Section 704.1.4. Maintenance of fire protection systems. All fire protection and life safety systems required at the time of building construction or alteration shall be maintained operational throughout the times the building is occupied. Fire protection systems in unoccupied buildings shall be maintained operational unless otherwise approved by the Fire Department. No existing life safety or fire protection system may be altered or disabled without permit.

(Ord. 25-2019, passed 8-5-19)

   (A)   Scope. This section regulates fences, walls or screens, regardless of location, height, construction, or zoning district, and regardless of use or purpose (whether for visual privacy, physical exclusion or control of people or animals, modification of environmental factors, defining of boundaries or aesthetic reasons).

(Ord. 25-2019, passed 8-5-19)

   (A)   Scope. This section shall apply to all sheds, garages and similar accessory structures.

(Ord. 25-2019, passed 8-5-19)

      (1)   The owner, agent or person in control of a building or structure to be demolished, razed or moved shall notify the appropriate utility companies or public authorities serving the building and/or structure of the intention to demolish, raze or move such building or structure. Such notice shall request the public utility company or public authority to disconnect such service.

      (2)   The public utility company or public authority shall disconnect and seal off the service connections, or otherwise direct the owner or owner representative to disconnect and/or seal off such utility service connection. The owner or agent of the owner shall satisfy the Building Official that the utilities are disconnected prior to proceeding with the demolition.

      (1)   All such sites shall be brought to proper grade and all hazards shall be removed.

      (2)   Any surface holes or irregularities, wells, septic tanks, basement, cellars, sidewalk vaults or coal chutes remaining after demolition of any building or structure shall be removed or be buried and filled with material as approved by the Building Official and shall be graded in such manner that will provide effective surface drainage in accordance with § 154.72.

      (3)   All debris and accumulation of material resulting from demolition of any building or structures shall be removed from the premises.

      (4)   All building sewers shall be effectively plugged with concrete at the property line, or as may be required by the utility.

(Ord. 25-2019, passed 8-5-19)

   (A)    The provisions of this section shall apply to all matters and to all work to which the provisions of this chapter apply. All work to which the provisions of this chapter apply shall be performed in a safe and careful manner so that same will not endanger adjoining property or be a hazard to public safety.

   (B)   Except as otherwise provided in this section or any other laws or regulations, when the public is endangered by reason of any alteration, addition, repair or excavation, or when a hazard exists because of the condition of a premises or structure, or because of an existing excavation, a suitable barricade shall be provided. If such barricade shall prevent sufficient passageway on the sidewalk, a temporary sidewalk or bridge, if necessary, shall be constructed and maintained. All pits, excavations, barricades, builders equipment, building materials or other objects which are in or upon a thoroughfare temporarily because of a building operation, shall have placed upon or by them at all times during darkness, illuminated or flashing lamps with red or yellow bulbs, flares or other approved lights, in such manner that there shall be one light at each end and at the intermediate points as may be necessary to afford proper warning consistent with the existing traffic conditions at the location affected.

(Ord. 25-2019, passed 8-5-19)

   The location of all buildings relative to flood damage and prevention is controlled by the Water Management and Sediment Control Code and the Water Management Design Manual.

(Ord. 25-2019, passed 8-5-19)

   (A)   General. As a rule, this Code provides for a single, primary building on an individual lot. Any and all other structures on the lot shall be considered accessory structures. Exception: Complexes where several primary buildings are located on one parcel of land, such situations shall be controlled by the Ohio Building Code and the City Zoning Code.

      (2)   Easements. The use of easements to cross other properties is permitted where land configuration dictates, but such easement must be detailed on the site plan for evaluation of the access systems and shall be recorded in all applicable deeds. Where access easements are used/required, the following statement shall be placed on the site plan:

      "The City of Forest Park does not accept any private easements shown on this plat and is not obligated to maintain or repair any installations in said easement. The applicant agrees, as a condition of approval of this plat, that there will be included in the deed of conveyance of every lot in this subdivision subservient to an access easement a condition requiring the grantee, his heirs and assigns, to continually maintain the easement area for the purpose designed and a condition that within such easement no structure, planting or other material shall be placed or permitted to remain which may obstruct, retard or change the use of the easement, such conditions being for the mutual benefit of the owners of all lots on which similar easements are reserved."

         (a)   Slopes on driveways and access roads shall be limited to a maximum gradient of one and three-quarter inches per foot (14%). Driveways which are level (no slope in any direction), approach dead-level, or which hold "pocket" water, are not permitted. A positive slope of minimum dimensions shall be provided to drain the driveway into the formal storm drainage system or to an approved natural drainage feature. No slope may start anywhere in the public right-of-way other than as required by the City Engineer or Public Works Director.

         (b)   Slopes of drives at garages. Drives must slope down away from a garage to a point at least 12 inches below the garage floor, or a trench drain with a minimum six-inch diameter drain to an appropriate outfall such as a drainage swale shall be installed in the drive adjacent to and the full length of the garage door.

      (6)   Surfacing. All driveways outside of the public right-of-way and all areas used for off-street parking shall be surfaced with a minimum thickness of four inches of concrete (minimum psi in accordance with the OBC or RCO as appropriate) or bituminous pavement to a minimum depth of two inches over a base of five inches of compacted aggregate base (minimum standard ODOT Item 304) or such thickness of other appropriate road material as may be comparable to the above specified concrete or bituminous paving and is specifically approved by the City Manager. Gravel is not an acceptable drive or parking surface material except in the rear setback of M and IP districts.

(Ord. 25-2019, passed 8-5-19)

   (A)   General. The following requirements apply to all work on private property:

      (1)   Right-of-way. No items listed herein, unless specifically noted, are permitted within the public right-of-way. Locate property lines to ensure no encroachment on public property or adjacent property. Any such encroachment will be ordered removed. In addition to items listed, decorative features, landscaping signs, etc. must comply with this section.

         (a)   Curb walls (not over one foot, six inches high) adjacent to and retained by hard-surfaced paving at the front of the wall, may be built without footings and with the bottom of the wall at the same level as the bottom of the retaining slab.

         (b)   Low retaining walls (up to four feet high), adjacent to and retained by hard-surfaced paving at the front of the wall, may be built with the bottom of the retaining wall at 12 inches below the finished grade at the front of the wall.

         (c)   All other retaining walls shall be built with the bottom of the footings at least two feet six inches below the finish grade at the front of the wall.

         (d)   In lieu of engineering design, gravity walls, with level backfill and level grade at the front of the wall shall have a minimum width at the top of eight inches if of poured concrete or 12 inches if of brick, solid concrete block or stone. At any point along the height of the wall, the thickness of the wall shall be no less than 1/3 of the distance from this point to the top of the wall if the wall is poured concrete or 2/5 of the distance if the wall is brick, solid concrete, block or stone.

         (e)   Unengineered hollow concrete walls shall not be permitted for the construction of curb walls or retaining walls.

         (f)   All walls retaining greater than four feet of surcharge, measured from bottom of footing shall be designed.

         (g)   A granular backfill shall be placed behind the wall at an elevation coinciding with the finished grade in front of the wall extending to within eight inches of the top of the wall. This backfill shall be at least 12 inches thick against the back of the retaining wall. Earth backfill shall be carefully placed behind this granular backfill; the granular backfill shall be made sufficiently wide to assure a full 12 inches thick drainage strata.

         (h)   Provisions for drainage of the backfill shall be made either by means of weep holes (four feet diameter max. six feet o.c.) in the wall or with a system of perforated pipe of four-inch minimum diameter laid at the base of the backfill and having a proper gradient to an outlet.

         (i)   Segmental retaining walls shall be constructed in accordance with a design provided by the manufacturer.

         (a)   Railings. Railings, guards, etc. shall also be installed when, in the opinion of the Building Official, a hazardous slope or change in grade exists in close proximity to a pedestrian path.

         (b)   Height. Height of railing, guard or wall shall be in accordance with the OBC or RCO as appropriate.

      (1)   It shall be contrary to these regulations for any person, in the operation of any mechanical equipment, to make, continue to cause to be made excessive noise so as to cause annoyance or detriment to the public.

      (2)   The following sound levels are not considered loud or objectionable within the scope of these regulations:

         (a)   Sixty dba or less at any point on the adjoining property line with the equipment operating.

         (b)   Should the sound level exceed 60 dba with the equipment in operation, then additional readings shall be taken with the equipment not operating to determine its contribution to the sound level. If the difference exceeds ten dba with the equipment operating, the equipment controlled so that the difference does not exceed ten dba.

      (3)   Sound requirements shall be measured on the "A" weighing scale of a sound level meter meeting the requirements of A.N.S.I. Std. S1. 4-1971 when the meter is located at a point on the property line nearest the mechanical equipment five feet above grade level, and no closer than three feet to any wall.

(Ord. 25-2019, passed 8-5-19)

   (A)   Grading. The individual building site or developed lot shall be graded in accordance with Chapter 51, Stormwater Management Code, and Chapter 151, Subdivision Rules and Regulations.

         (a)   Protective slopes around buildings shall slope downward from building foundation to lower areas or drainage swales.

            1.   The horizontal length shall be ten feet except where restricted by a property line. Where restricted by a property line, a drainage swale shall occur at the property line.

            2.   The minimum vertical fall of protective slopes in rear yards shall be six inches.

         (b)   1.   In areas other than the protective slopes, the minimum gradient shall be 2%. When acceptable by the Building Official, lesser gradients than that required above may be installed when a lesser gradient is adequate to drain the lot without detrimental effect upon buildings or other lot uses. The maximum gradient shall be no steeper than 2:1. If an undisturbed slope is held by satisfactory existing vegetation or rock outcropping, no limit shall be imposed on the maximum gradient as long as present and future stabilization is assured. Top and bottom of banks at swales, terraces, etc. shall be rounded or otherwise constructed for convenient maintenance.

            2.   Water being disposed of between houses shall be channeled along the common property line to the drainage system, but in no case shall water from more than one-half acre be collected and disposed of between houses. If water from more than one-half acre is collected, the drainage system shall be designed in accordance with Chapter 51, Stormwater Management Code.

         (a)   Grading shall be done so that the drainage pattern (in place or approved) is not changed, and stormwater ground runoff to adjoining property is not increased, redirected, concentrated or caused to spill off the property in new locations, so as to create stormwater problems on adjacent property.

         (b)   Stormwater must be directed into the same watershed and in the same general direction that existed prior to the site grading operation. Diversion into other watersheds is not permitted, except when approved for very minor grading areas occurring totally within the newly developed lot, and then only when no problem will be created on adjacent property.

         (c)   Work which is executed but is not in conformance with the regulations and/or the approved site plan, shall be removed and remedial action taken to bring the property into full compliance.

         (a)   Existing surface and piped facilities, such as swales, watercourses, drainage easements, storm sewers, etc. as regulated by the City Engineer.

            1.   Use of storm sewers must be approved, in concept, by the Public Works Director, and no such sewers shall be considered available, unless it is low enough to allow the slope of the lateral entering it to meet the requirements of the Public Works Director.

            2.   The storm sewer shall be considered available only if the breaking or cutting of the flat paving in the public right-of-way, or if the tunneling under the street to access the sewer is fully approved by the Public Works Director.

               a.   Street drainage ditches and street gutters, via an outflow pipe (through the curb, where applicable) as regulated within the public right-of-way, by the Public Works Director.

               b.   Facilities, on the site, approved by the Plumbing Section, Hamilton County Board of Health and the City Engineer.

            3.   Surface drainage. Positive surface drainage shall be provided for each lot so there is no pocketing of water on any surface. This can be accomplished by grading or installing catch basins, area drains, underdrains, etc. property connected to approved disposal facilities.

               a.   Grading shall be done so that the existing natural ground drainage of the area is not impeded, distorted or redirected.

            4.   Yard drainage. Where no storm sewer is available, no garage apron, driveway, stairwell, window (area) well, foundation drain, walkway, below-grade entrance area, or any below-grade area subject to receiving storm drainage shall be permitted unless it has a gravity drainage system or an approved sump well and pump installation.

               a.   Outflow shall comply with division (B)(3) of this section, except that no clear water sump discharge shall be permitted into a street gutter or onto a private or public sidewalk or roadway. Sump discharge onto the property must be so that flow onto the sidewalk is restrained without ponding.

            5.   Building drainage. All new buildings, except accessory buildings less than 800 square feet in area, or buildings with roof overhangs of 12 inches or more that have a side yard of at least six feet six inches from the far edge of the overhang to the property line, shall be equipped with gutters and downspouts.

               a.   Without gutters. Where no gutters are used the plans submitted for the building permit shall show on a grade plan of the lot that roof runoff water shall follow drainage swales formed by intersecting slopes and that these swales carry water to some natural water course on the same property or to street curb.

               b.   With gutters. When gutters and downspouts or sump pumps are used, their discharge shall be connected by a pipe to a storm sewer if available. If such sewer is not available, the collector pipe shall run to a street gutter in conformance with division 6.a. below or street drainage ditch if same is available. If neither sewer, gutter nor street drainage ditch is available, the collector shall run to a natural drainage course on the owner's property. The storm sewer shall not be considered to be available if the public right-of-way paving would have to be broken to get to the sewer, or if tunneling under the street would have to be resorted to. Splash blocks may be used in lieu of piping for downspouts provided they drain into approved drainage swales.

            6.   Work in the right-of-way. The following shall apply to all work done in the right-of-way:

               a.   Curb cuts. Curb cuts for downspout drains must be made with a saw or other approved cutting tool. Maximum pipe size through the curb shall be three inches nominal. Top surface of the pipe must be at least one inch below the highest part of the curb. The pipe must cross the curb at a right angle to the curb. After cutting and installation of pipe, curb shall be restored to original contours in an approved manner. (Epoxy resin cement or ThoroPatch are acceptable materials for curb repair). Only cast iron pipe or galvanized iron pipe may be used. Said pipe shall extend from the curb to the edge of the right-of-way.

               b.   Driveway approach. Driveway approach must meet approved standards. The planting strip must be filled, graded and sodded. All utility boxes within the public right-of-way must be at grade level.

               c.   Additional fee. In addition to the building permit fee, the person or contractor shall be charged for inspection of all work within the street and/or crosswalk right-of-way at the rate of inspection fees in effect at the time of the inspection. The city retains the right to deduct any inspection charges from the bond posted prior to return of the bond amount.

               d.   Bond amount. Bond amount to be posted by the builder to assure proper compliance of construction within the right-of-way shall be as prescribed in Chapter 156 (Comprehensive Fee Schedule).

               e.   Hazardous defects. If defects or conditions exist within the right-of-way which is hazardous to the health and safety of the public, the builder will be given written notice of these effects or hazardous conditions by the city. If after three working days these defects or conditions are not corrected, the builder may be cited to court for violation of the code. The city will then correct these defects or hazardous conditions. The city will be reimbursed for its work from the right-of-way bonds. The city may use up to the cash value of the right-of-way bonds on hand to correct these defects of hazardous conditions. The builder will then be required to put up cash for each additional right-of-way bond which will be issued with the maximum amount of cash required to be $500. No further building permits shall be issued to any builder until he has redeposited a sum sufficient to bring his right-of-way deposit account up to its maximum limit of liability.

               f.   Work within the right-of-way. All work within the right-of-way must be completed and inspections made prior to the issuance of the certificate of occupancy.

(Ord. 25-2019, passed 8-5-19)

      (1)   Inspection by the Building Department is required regardless of any special inspections or quality control inspections.

      (2)   Special inspections are required per Chapter 17 of the IBC. Special inspection of field welds or torchcutting is always required.

(Ord. 25-2019, passed 8-5-19)