(A)   The 1992 Ohio Basic Building Code (OBBC) and the 1992 edition of the CABO (Council of American Building Officials) One and Two Family Dwelling Code, with the Hamilton County Supplements known as the Hamilton County Building Code, are adopted by the city along with all codes, references and addenda included therein by reference as the same are constituted on the effective date of this section and as the same may be hereafter amended or recodified by the State of Ohio or Hamilton County. Said codes shall regulate the standards of construction and the materials employed for all types of buildings for which provision is made therein. The city shall adopt its own fee schedule for the various building permits which may differ from the schedule set forth in the codes herein adopted.

   (B)   The phrases BUILDING OFFICIAL and BUILDING COMMISSIONER as they may appear in the Ohio Basic Building Code and the Hamilton County Building Code shall be understood as the Montgomery Building Commissioner or, as the context may require, as his or her inspectors, agents or designees.

   (C)   The Building Commissioner may designate any qualified city employee to administer duties that are assigned to him or her by this code of ordinances, unless such duties are reserved solely to the Commissioner under the Ohio Basic Building Code. An employee so designated shall have full power to act in the Commissioner's stead.

(‘67 Code, § 152.01; Am. Ord. 27-1979, passed 9-5-79; Am. Ord. 22-1987, passed 11-4-87; Am. Ord. 35-1993, passed 11-3-93)

   (A)   The Building Commissioner shall, in addition to all duties imposed by the city and state building codes and not in limitation thereof, inspect all plans, issue all building permits and enforce all building and zoning regulations. A Deputy Building Commissioner shall have such duties as are delegated to him or her by the Building Commissioner and shall have full power to act in his or her stead.

      (1)   The Building Commissioner shall not inspect plans, specifications, or work in progress in which he or she as an individual has an interest. In case of any conflict of interest, the Deputy Building Commissioner shall exercise the duties of the Building Commissioner.

      (2)   The Building Commissioner and Deputy Building Commissioner who shall both be architects (with five years experience in home and commercial construction) and registered to practice in Ohio, shall be appointed by the City Manager with the advice and consent of Council and serve at the pleasure of the City Manager.

   (B)   Building inspectors.

      (1)   There is created the position of one or more building inspectors whose duties it shall be to make no less than three inspections on every structure built within the municipality, in pursuance to permits issued by the Building Commissioner to assure compliance with the city Building Code and the city Zoning Code.

      (2)   The building inspectors shall be persons qualified to enforce the requirements of the city Building Code and the city Zoning Code and must receive certification of the Building Commissioner that they are so qualified. No building inspector shall inspect construction of any structure upon which such building inspector performed work.

(‘67 Code, § 152.02) (Am. Ord. 26-1981, passed 10-7-81; Am. Ord. 11-2012, passed 12-5-12)

   (A)   The Building Commissioner is empowered to make preliminary examinations of any plans, specifications, or plats, which may be submitted to him or her prior to making formal application for a building permit. As a result of such examination, the Building Commissioner may state his or her opinion as to whether or not the preliminary plans are in conformance with the city Building Code or the city Zoning Code. This opinion shall not be binding on the municipality and the Building Commissioner may change his or her opinion during his or her consideration of the formal application for a building permit.

   (B)   The municipality shall provide the Building Commissioner with forms of application for building permits. These forms shall set forth spaces for information as the Building Commissioner deems appropriate. Upon filing of this application and a deposit of $25, the Building Commissioner shall inspect the application, plans, plats, etc., submitted to him or her and make his or her opinion as to whether or not the construction as contemplated conforms to the applicable provisions of the city Building Code and the city Zoning Code. The Building Commissioner shall upon being satisfied that the plans do conform with the provisions of the city Building Code and the city Zoning Code, stamp such plans as "approved" by the Building Department.

   (C)   In the event proffered plans are disapproved, or in the event no action is taken upon such plans by the Building Commissioner within 30 days, which inaction shall be deemed disapproval, the person, firm, or corporation, having submitted such plans, shall thereafter have such rights as are established under the Zoning Code of this municipality. Applicants for permits shall be obligated for 50% of the required permit fees, when, upon notification that the permit has been approved, the applicant fails to secure the same.

   (D)   Where the Building Commissioner finds that a building is a serious hazard or constitutes a public nuisance, and the owner of such building fails in the time specified in a written notice from the Building Commissioner to eliminate such hazard or nuisance, or to vacate or raze the building, the Building Commissioner may proceed under R.C. § 3781.15.

   (E)   No amendment of the standards for construction established by the city Building Code shall be permitted except and until the following requirements are met.

      (1)   There is filed with the Building Commissioner a petition as required by 1202.37 (A) through (F) and 1202.38 of the Ohio Building Code, which sections are incorporated herein by reference.

      (2)   The Building Commissioner certifies the petition for amendment to the Municipal Council as:

         (a)   Being in the best interest of the public of the municipality.

         (b)   Being in conformity with the minimum standards established by the Ohio Building Code.

(‘67 Code, § 152.03) (Am. Ord. 12-1979, passed 6-6-79; Am. Ord. 26-1981, passed 10-7-81)

   (A)   No permit shall be issued by the Building Commissioner until the prescribed and posted fee shall have been paid to him or her. Each permit shall show the owner's name, the location of the premises, the operation involved, and a receipt for the total amount paid.

   (B)   Where the work for such a permit as required by this code is started, or proceeded with, prior to obtaining the permit, the fees hereinafter specified shall be doubled. Such fees shall be the fees for the entire project and the payment of double fees shall not relieve any person from fully complying with the requirements of this code in the execution of the work nor from any other penalty prescribed herein.

(‘67 Code, § 152.04) (Am. Ord. 12-1979, passed 6-6-79)

   (A)   If the owner of a building fails to comply with an order of the Building Commissioner, the Building Commissioner may forthwith revoke or suspend the building permit or grant such owner a period of time, not to exceed 15 days, in which to comply, and such owner shall have such rights as are established under the city Zoning Code.

   (B)   In the event that such owner fails to avail himself or herself of his or her rights under the city Zoning Code, then the building permit issued to him or her by the Building Department shall be deemed void, and shall not be reinstated; provided, however, that such owner may refile such plans and apply for issuance of a new building permit upon payment of the required fees.

(‘67 Code, § 152.05)

   No owner shall fail to file plans as required, or fail to comply with an order of the Building Commissioner.

(‘67 Code, § 152.06) Penalty, see § 152.99

   (A)   Construction under an approved building permit shall have started within six months and the ground story framework, including the roof or structural parts of a second floor, shall have been completed within one year, and the entire building completed within two years.

   (B)   All driveways, parking lots and related construction shall have been permanently surfaced within two years from the date of approved building permit.

   (C)   Exceptions. Buildings that, due to their size or the immense proportions of the project, cannot comply to the above requirements shall have their completion time extended, marked and set by the Building Commissioner.

(‘67 Code, § 152.07)

   (A)   No person shall occupy any new building, existing remodeled or altered building or structural improvement or represent to any owner, purchaser, or tenant that a new building, existing remodeled or altered building or structural improvement may be occupied unless that person has secured a certificate of occupancy for same.

   (B)   The Building Commissioner shall, upon the application of any owner or representative thereof, and the payment of the fee as posted in the Building Department, inspect a new building, phases of a new building, remodeled or altered building or structural improvement and shall, upon determination that the construction, remodeling or alteration complies with the building regulations set forth in this chapter, issue certificate or certificates of occupancy therefor.

(Ord. 3-1973, passed 2-7-73; Am. Ord. 6-1979, passed 4-4-79) Penalty, see § 152.99

   (A)   Council hereby adopts the Residential Code of Ohio for one-, two-, and three-family dwellings as adopted by the Ohio Board of Building Standards and as codified in O.A.C. §§ 4101:8-1 to 4101:8-43 (effective May 27, 2006), a copy of which is attached hereto and which is incorporated herein by reference. Further, Council does adopt any modifications and amendments to such residential code as may be adopted in the future by the Ohio Board of Building Standards unless expressly excluded by separate legislation approved by Council in the future.

   (B)   Council does hereby adopt the applicable regulations for swimming pools, spas and hot tubs as a supplement to the Residential Code. A copy of the regulations governing swimming pools, spas and hot tubs is attached hereto and incorporated herein by reference. Any modifications to these regulations governing swimming pools, spas and hot tubs as adopted in the future by the Ohio Board of Building Standards shall be included as an amendment to this section unless it is specifically excluded in separate legislation approved by Council in the future.

   (C)   In addition to any other remedy provided herein, a violation of any section of the Residential Building Code as supplemented and adopted herein shall constitute a misdemeanor. Upon conviction of such violation, the responsible person or party shall be fined not more than $1,000 nor imprisoned for more than 180 days, or both. Each day such violation continues shall be deemed a separate offense. Any other person who commits, participates in, or assists in the continuation of such violation may each be found guilty of a separate offense and suffer the penalties provided herein.

(Ord. 15-2006, passed 10-4-06)

   Whoever violates § 152.06 or § 152.08 shall be fined $50. Each days violation shall constitute a separate offense.

(Ord. 3-1973, passed 2-7-73)