Ohio Admin. Code 4101:1-1-01 - Administration
Section 101
101.1
Incorporation by reference, title and rules of
construction.
Except as provided in
Chapters 4101:1-1 to 4101:1-35 of the Administrative Code, the International
Building Code 2021 edition, Chapters 2 through 35 and appendix H, as published
by the "International Code Council, Inc." including all subsequently published
errata and printings, and readily available at
https://www.iccsafe.org
, are hereby incorporated by reference in accordance with
sections 121.71 to
121.74 of the Revised Code as if
set out at length herein.
101.1.1
Rules of construction.
The following rules of construction are to be applied
to Chapters 4101:1-1 to 4101:1-35 of the Administrative Code:
1.
All references to
the International Building Code, International Mechanical Code, International
Plumbing Code, and International Residential Code mean the Ohio Building Code,
Ohio Mechanical Code, Ohio Plumbing Code, and Residential Code of Ohio,
respectively, unless otherwise noted. References to "this code" in Chapters
4101:1-1 to 4101:1-35 of the Administrative Code mean the "Ohio Building Code."
References to "building code" in divisions 4101:1, 4101:2, 4101:3 and 4101:8 of
the Administrative Code mean "Ohio Building Code."
2.
The phrase
"applicable energy conservation code referenced in Chapter 13" is substituted
for "International Energy Conservation Code."
3.
Except as
otherwise noted and in Chapter 34 of this code, "Chapter 34" is substituted for
"International Existing Building Code."
4.
The terms
"approval" or "approvals" are substituted for "permit" or "permits,"
respectively, when referring to documentation indicating compliance with this
code.
5.
The phrase "owner's representative" is substituted for
"owner's authorized agent."
6.
Except as
otherwise noted, "building official" is substituted for "fire code
official."
7.
The phrase "building official" is substituted for "code
official."
8.
The provisions of this code are mandatory whether or
not the term "shall" is used.
101.2
Scope.
The provisions
of the "Ohio Building Code," the "Ohio Mechanical Code," and the "Ohio Plumbing
Code" apply to the construction, alteration, movement, enlargement,
replacement, repair, equipment, use and occupancy, location, maintenance,
removal and demolition of every building or structure or any appurtenances
connected or attached to such buildings or structures. As provided in division
(B) of section 3791.04 of the Revised Code, no
plans or specifications are to be approved or inspection approval given unless
the building represented by those plans or specifications would, if
constructed, repaired, erected, or equipped according to those plans or
specifications, comply with Chapters 3781. and 3791. of the Revised Code and
any rules adopted by the board. An owner may exceed the requirements of the
"Ohio Building Code" in compliance with section
102.9. This code applies to
detached one-, two-, and three-family dwellings and structures accessory to
those dwellings only to the extent indicated in section 310 of this code.
1.
Detached one-,
two-, or three- family dwellings, structures accessory to those dwellings,
one-, two-, and three-family dwellings used as models, or those single family
dwellings with five or fewer persons receiving care in a supervised environment
but capable of self-preservation with or without limited verbal or physical
assistance are within the scope of the "Residential Code of Ohio for One-,
Two-, or Three-Family Dwellings".
2.
Buildings owned by
and used for a function of the United States government.
3.
Buildings or
structures which are incident to the use for agricultural purposes of the land
on which said buildings or structures are located, provided such buildings or
structures are not used in the business of retail trade; for the purposes of
this section, a building or structure is not considered used in the business of
retail trade if fifty per cent or more of the gross income received from sales
of products in the building or structure by the owner or operator is from sales
of products produced or raised in a normal crop year on farms owned or operated
by the seller (see sections
3781.06 and
3781.061 of the Revised
Code).
4.
Agricultural labor camps.
5.
Type A or Type B
family day-care homes, except for the inspection required for licensure by the
"Ohio Department of Jobs and Family Services (ODJFS)". This required inspection
is conducted by the certified building department having jurisdiction or the
division of industrial compliance and labor in accordance with the inspection
checklist found on the board of building standard's website.
6.
Buildings or
structures which are designed, constructed, and maintained in accordance with
federal standards and regulations and are used primarily for federal and state
military purposes where the U.S. secretary of defense, pursuant to
10 U.S.C. Sections
18233(A)(1) and
18237, has acquired by purchase,
lease, or transfer, and constructs, expands, rehabilitates, or corrects and
equips, such buildings or structures as he determines to be necessary to carry
out the purposes of Chapter 1803 of the U.S.C.
7.
Manufactured homes
constructed under " 24 CFR Part 3280 ," "Manufactured Home Construction and
Safety Standards" and within the scope of the rules adopted by the division of
industrial compliance of the department of commerce, including additions,
alterations and all utility connections from the utility service point to the
manufactured home. This exception does not apply to changes of occupancy of
manufactured homes, except that a manufactured home located within a
manufactured home park and used by the park operator to promote the sale/rental
of manufactured homes in that park remains exempt.
8.
Sewerage systems,
treatment works, and disposal systems (tanks, piping, and process equipment
associated with these systems) regulated by the legislative authority of a
municipal corporation or the governing board of a county or special district
owning or operating a publicly owned treatment works or sewerage system as
stated in division (A) of section
6111.032 of the Revised Code,
however, a building that houses such process equipment is within the scope of
this code.
9.
Building sewer piping.
10.
Amusement rides
and portable electric generators and wiring supplying carnival and amusement
rides regulated by the Ohio Department of Agriculture pursuant to Chapter 993.
of the Revised Code.
11.
Structures on the premises of and directly related to
the operation of a generating plant defined as a major utility facility
regulated by the power siting board, including the structures associated with
generation, transmission, and distribution. As a condition of the power siting
board's approval, the building department may be requested to review and
inspect these structures for compliance with the rules of the board of building
standards. However, the building department has no enforcement
authority.
12.
Buildings or structures used for equipment housings and
enclosures, telemetry enclosures, and associated tanks, foundations, platforms,
process piping and equipment on the premises of and directly associated with
the operation of pipelines regulated by federal or state agencies and used for
the gathering, transmission, or distribution of natural gas or other gas or
liquid hydrocarbons.
13.
Public water systems (the tanks, foundations, piping,
and process equipment associated with these systems) regulated by the Ohio
Environmental Protection Agency in accordance with division (A) of section
6109.07 of the Revised Code,
however, a building that houses such process equipment is within the scope of
this code.
14.
Private water systems (the tanks, foundations, piping,
and process equipment associated with these systems) regulated by the Ohio
Department of Health in accordance with section
3701.344 of the Revised Code,
however, a building that houses such process equipment is within the scope of
this code.
15.
Fixed or floating docks (including the electrical
wiring, lighting, and fire protection systems serving the docks) at marinas or
boatyards, unless the docks directly serve as a means of egress from, or an
accessible route to, a regulated building located at the marina or
boatyard.
16.
Floating buildings that have been issued a Hull
Identification Number (HIN) and a vessel registration from the Ohio department
of natural resources division of parks and watercraft.
17.
Portable mobile
vehicles which have been issued a Vehicle Identification Number (VIN) by the
United States department of transportation. The vehicles have wheels and
license plates and are intended for transportation on the public streets and
highways. Examples of the exempt vehicles include, but are not limited to,
recreational vehicles, book mobiles, blood mobiles, mobile medical imaging
units, mobile concession trailers, network television transmission and
production trailers used at sporting events, mobile restroom facilities, mobile
pet grooming units, etc.
18.
Wind turbines and solar arrays not connected to
building services equipment.
19.
Pumps, site
lighting, and flagpoles not connected to building services
equipment.
20.
Mine elevator shafts and structures.
21.
Unless otherwise
required by this code, ground signs not over six feet in height above the
adjacent grade.
22.
Signs erected by federal, state and local
transportation authorities.
23.
Oil or gas beam
pumping units and derricks.
24.
Bungee jumping
and zip line structures, and miniature golf courses.
25.
Retaining walls,
bridges, walkways or site stairs unless associated with or necessary for the
building or the building egress to comply with the rules of the
board.
26.
Primitive transient lodging structures with only
provisions for sleeping, with no building services equipment or piping, and not
greater than 400 sq. ft. in area.
27.
Intermodal
shipping or freight containers, moving containers, storage containers, if used
exclusively as a storage container temporarily for a period not to exceed 180
days.
28.
Underground storage tanks regulated by the bureau of
underground storage tank regulations (BUSTR) of the state fire
marshal.
29.
Mobile computing units as defined in section
3781.06 of the Revised
Code.
30.
Industrialized units exempt from regulation in
accordance with division 4101:10 of the Administrative Code.
101.3
Intent.
The purpose of
this code is to establish uniform minimum requirements for the erection,
construction, repair, alteration, and maintenance of buildings, including
construction of industrialized units in order to provide a reasonable level of
life safety and property protection from the hazards of fire, explosion or
dangerous conditions, and to provide a reasonable level of safety for fire
fighters and emergency responders during emergency operations. Such
requirements also relate to the conservation of energy, safety, and sanitation
of buildings for their intended use and occupancy with consideration for the
following:
1.
Performance.
Establish
such requirements, in terms of performance objectives for the use
intended.
2.
Extent of use.
Permit
to the fullest extent feasible, the use of materials and technical methods,
devices, and improvements which tend to reduce the cost of construction without
affecting minimum requirements for the health, safety, and security of the
occupants of buildings without preferential treatment of types or classes of
materials or products or methods of construction.
3.
Standardization.
To
encourage, so far as may be practicable, the standardization of construction
practices, methods, equipment, material and techniques, including methods
employed to produce industrialized units.
101.4
Referenced standards and codes.
The other codes listed in sections 101.4.1 to 101.4.6
and referenced elsewhere in this code are part of the requirements of this code
to the prescribed extent of each such reference.
101.4.1
Gas.
The provisions of
the International Fuel Gas Code shall apply to the installation of gas piping
from the point of delivery, gas appliances and related accessories as covered
in this code. These requirements apply to gas piping systems extending from the
point of delivery to the inlet connections of appliances and the installation
and operation of residential and commercial gas appliances and related
accessories.
101.4.2
Mechanical.
Chapters 4101:2-1 to 4101:2-15 of the Administrative Code,
designated as the "Ohio Mechanical Code" or the "mechanical code," apply to the
installation, alterations, repairs, and replacement of mechanical systems,
including equipment, appliances, fixtures, fittings and/or appurtenances,
including ventilating, heating, cooling, air-conditioning and refrigeration
systems, incinerators, and other energy-related systems.
101.4.3
Plumbing.
Chapters
4101:3-1 to 4101:3-15 of the Administrative Code, designated as the "Ohio
Plumbing Code" or the "plumbing code," apply to the installation, alterations,
repairs and replacement of plumbing systems, including equipment, appliances,
fixtures, fittings and appurtenances, and where connected to a water or
sewerage system and all aspects of a medical gas system. The rules of the "Ohio
Department of Health," chapter 3701-29 of the Administrative Code, govern for
household sewage disposal systems, also known as private sewage disposal
systems.
101.4.4
Elevator.
The
provisions of the "Ohio Elevator Code" (Chapters 4101:5-1 to 4101:5-3 of the
Administrative Code) apply to the design, construction, repair, alteration and
maintenance of elevators and other lifting devices as listed and defined
therein.
101.4.5
Fire prevention.
The
provisions of the "Ohio Fire Code" (Chapters 1301:7-1 to 1301:7-7 of the
Administrative Code), designated as the "fire code," apply to the preventive
measures which provide for fire-safe conduct such as fire drills and fire
safety and evacuation plans and provides for fire-safe operations in buildings
such as good housekeeping practices for combustible commodity storage; storage,
handling, and use of flammable and combustible solids, liquids and gases and
other hazardous materials; and processes to reduce the risk from the hazards of
fire and explosion and includes the maintenance of fire-detection, fire alarm,
fire extinguishing equipment and systems, exit facilities, opening protectives,
and other fire- safety devices
,
and protection features.
101.4.6
Boiler.
The provisions
of the "Ohio Boiler and Pressure Vessel Rules" (Chapters 4101:4-1 to 4101:4-10
of the Administrative Code) apply to the design, construction, repair,
alteration and maintenance of boilers and unfired pressure vessels as listed
and defined therein.
Section 102
102.1
Conflicts.
Where, in any specific case, different sections of this code
specify different materials, methods of construction or other requirements, the
most restrictive govern. Where there is a conflict between a general
requirement and a specific requirement, the specific requirement are
applicable.
102.2
Other laws.
The
provisions of this code are not to be deemed to nullify any provisions of state
or federal law. Municipal corporations may make further and additional
regulations, not in conflict with Chapters 3781. and 3791. of the Revised Code
or with the rules of the board of building standards. However, approval by the
board of building standards of any fixture, device, material, system, assembly
or product of a manufacturing process, or method or manner of construction or
installation constitute approval for their use anywhere in
Ohio.
102.3
Other rules.
As
provided in division (B) of section
3781.11 of the Revised Code, the
rules of the board of building standards supersede and govern any order,
standard, or rule of the divisions of the fire marshal or industrial compliance
in the department of commerce, and the department of health and of counties and
townships, in all cases where such orders, standards or rules are in conflict
with the rules of the board of building standards, except that rules adopted
and orders issued by the fire marshal pursuant to Chapter 3743. of the Revised
Code prevail in the event of a conflict.
102.4
Application of references.
References to chapter or section numbers, or to
provisions not specifically identified by number, are to be construed to refer
to such chapter, section or provision of this code,
inclusively.
102.5
Referenced codes and standards.
When a reference is made within the building,
mechanical, or plumbing codes to a federal statutory provision, an industry
consensus standard, or any other technical publication, the specific date and
title of the publication as well as the name and address of the promulgating
agency are listed in Chapter 35 of the building code, Chapter 15 of the
mechanical code, or Chapter 15 of the plumbing code.
102.6
Partial invalidity.
In the event any part or provision of this code is held
to be illegal or void, this does not have the effect of making void or illegal
any of the other parts or provisions thereof, and it is to be presumed that
this code would have been adopted without such illegal or invalid parts or
provisions.
102.7
Existing structures.
The provisions of the International Existing Building Code
as modified by Chapter 34 of this code control the alteration, repair,
addition, maintenance, relocation, and change of occupancy of any existing
structure. The occupancy of any structure currently existing on the date of
adoption of this code shall be permitted to continue without change provided
there are no orders of the building official pending, no evidence of fraud, or
no serious safety or sanitation hazard.
102.8
Temporary
structures.
The building official is
authorized to issue approvals for temporary structures. Such approvals are to
be in the form of a "Certificate of Occupancy for a Temporary Building" in
accordance with section 111.1.6. This section does not apply to time-limited
occupancies in existing structures. See section 111.1.5 for time-limited
occupancies.
102.8.1
Conformance.
Temporary
structures are to conform to the structural strength, fire safety, means of
egress, accessibility, light, ventilation and sanitary requirements of this
code only to the extent necessary to ensure the public health, safety and
general welfare. Temporary tents and membrane structures are to also comply
with the applicable provisions in section 3103.
102.8.2
Termination of approval.
The building official is authorized to terminate
approval for a temporary structure and to order the temporary structure to be
discontinued if conditions of the approval have been violated or the structure
or occupancy poses an immediate hazard to the public or occupants of the
structure.
102.9
Non-required work.
Any component, building element, equipment, system or
portion thereof not required by this code are to be permitted to be installed
as a partial or complete system provided that it is constructed or installed in
accordance with this code to the extent of the installation.
102.10
Work
exempt from approval
. Approval is not
required for the following work; however, this work is still to comply with all
applicable provisions of the rules of the board:
1.
One-story detached
accessory structures used as tool and storage sheds, playhouses and similar
uses, provided the floor area does not exceed one hundred twenty square feet
(11.15 m2) and playground
structures.
2.
Fences not over seven feet (1829 mm)
high.
3.
Retaining walls which are not over four feet (1219 mm)
in height measured from the bottom of the footing to the top of the wall,
unless supporting a surcharge or impounding Class I, II or III-A
liquids.
4.
Water tanks supported directly upon grade if the
capacity does not exceed five thousand gallons (18 927 L) and the ratio of
height to diameter or width does not exceed two to one.
5.
Sidewalks, parking
lots and driveways not more than thirty inches (762 mm) above grade and not
over any basement or story below and which are not part of an accessible
route.
6.
Finishes not regulated by this code, decorating, or
other work defined as maintenance or minor repair.
7.
Temporary motion
picture, television and theater stage sets and scenery.
8.
Window awnings
supported by an exterior wall of Group R-3.
9.
Tents and membrane
structures exempted in section 3103.1.3.
10.
Above-ground
storage tanks as defined in rule
4101:1-2-01 of the
Administrative Code and the associated tank foundations.
11.
Battery operated
smoke or carbon monoxide alarms installed in existing buildings where no
construction is taking place.
12.
Crypts,
mausoleums, and columbaria structures not exceeding 1500 square feet if the
building or structure is not for occupancy and used solely for the interment of
human or animal remains.
13.
Signs painted directly on building
surfaces.
14.
Temporary yard signs.
15.
Signs not more
than 2.5 ft.2 in area
(0.23m2).
16.
Signs required in
accordance with the provisions of Chapter 11.
17.
Signs undergoing
minor repairs in accordance with section 102.10.2.
18.
Temporary or
time-limited occupancy of a building used or constructed to respond to
conditions directly connected to an emergency declaration issued by the
governor or federal government.
1.
Minor repair work,
including the replacement of lamps or the connection of approved portable
electrical equipment to approved permanently installed
receptacles.
2.
Electrical equipment used for radio and television
transmissions except equipment and wiring for power supply, and the
installations of towers and antennas.
3.
The installation
of any temporary system required for the testing or servicing of electrical
equipment or apparatus.
4.
Electrical wiring, devices, appliances, apparatus or
equipment operating at less than twenty-five volts and not capable of supplying
more than fifty watts of energy, unless specifically addressed in this
code.
5.
Process equipment and the associated wiring on the load
side of the power disconnect to the equipment.
6.
Electrical wiring
equipment not connected to building services equipment in and adjacent to
natural or artificially made bodies of water as defined in Article 682 of NFPA
70 as referenced in Chapter 35.
1.
Portable heating
appliances;
2.
Replacement of any part that does not alter approval of
equipment or make such equipment unsafe.
3.
Gas distribution
piping owned and maintained by public or municipal utilities and located
upstream of the point of delivery.
4.
Process equipment,
including the associated tanks, foundations, and process piping. For
combination building services/process or power piping systems, the power or
process piping located downstream of the control valve which separates the
process from the building services piping is exempt from
approval.
5.
When installed by the servicing gas supplier,
replacement of existing LP-gas containers by servicing gas supplier of the same
capacity in the same location and associated regulators.
1.
Portable heating
appliances;
2.
Portable ventilation equipment;
3.
Portable cooling
units;
4.
Replacement of any part of an appliance which does not
alter its approval or make it unsafe;
5.
Portable
evaporative cooler;
6.
Process equipment including the associated tanks,
foundations, and process piping. For combination building services/process or
power piping systems, the power or process piping located downstream of the
control valve which separates the process from the building services piping is
exempt from approval.
7.
Heating and cooling distribution piping installed and
maintained by public or municipal utilities.
8.
Self-contained
refrigeration system containing ten pounds (4.54 kg) or less of refrigerant and
actuated by motors of one horsepower (0.75 kW) or less.
1.
The repair of
leaks in drains, water, soil, waste or vent pipe; provided, however, that if
any concealed trap, drain-pipe, water, soil, waste or vent pipe becomes
defective and it becomes necessary to remove and replace the same with new
material, such work is to be considered as new work and an approval is to be
obtained and inspection made as provided in this code.
2.
The clearance of
stoppages or the repair of leaks in pipes, valves or fixtures, and the removal
and reinstallation of water closets, provided such repairs do not involve the
replacement of more than one fixture or rearrangement of valves, pipes or
fixtures.
3.
Process equipment including the associated tanks,
foundations, and process piping. For combination building services/process or
power piping systems, the power or process piping located downstream of the
control valve which separates the process from the building services piping is
exempt from approval.
102.10.1
Emergency repairs.
Where equipment replacements and repairs must be performed
in an emergency situation, an application for approval is to be submitted
within the next working business day to the building official.
102.10.2
Minor
repairs.
Minor repairs to structures may
be made without application or notice to the building official. Such repairs
are not to include the cutting away of any wall, partition or portion thereof,
the removal or cutting of any structural beam or load bearing support, or the
removal or change of any required means of egress, or rearrangement of parts of
a structure affecting the egress requirements; nor do minor repairs include
addition to, alteration of, replacement or relocation of any standpipe, water
supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar
piping, electric wiring or mechanical or other work affecting public health or
general safety.
102.11
Building
department jurisdictional limitations.
A
municipal, township, or county building department that has been certified by
the board of building standards, pursuant to rule
4101:7-2-01 of the
Administrative Code, has jurisdiction to enforce provisions of the rules of the
board and of Chapters 3781. and 3791. of the Revised Code, relating to
construction, arrangement, and the erection of buildings or parts thereof as
defined in the rules of the board in accordance with the certification except
as follows:
1.
Fire
. The state fire
marshal or fire chief of municipal corporations or townships, having fire
departments, enforce all provisions of the rules of the board relating to fire
prevention.
2.
Health
. The department
of health, or the boards of health of city or general health districts, the
division of industrial compliance of the department of commerce, or the
departments of building inspection of municipal corporations, townships, or
counties enforce such provisions relating to sanitary
construction.
3.
Sewerage and drainage system
. In accordance with Section
3781.03 of the Revised Code, the
department of the city engineer, in cities having such departments, the boards
of health of health districts, or the sewer purveyor, as appropriate, have
complete supervision and regulation of the entire sewerage and drainage system
of the jurisdiction, including the building sewer and all laterals draining
into the street sewers. Such department or agency have control and supervision
of the installation and construction of all drains and sewers that become a
part of the sewerage system of the jurisdiction and issue all the necessary
permits and licenses for the construction and installation of all building
sewers and of all other lateral drains that empty into the main sewers. Such
department or agency is to keep a permanent record of the installation and
location of every drain and sewerage system of the city.
4.
Power
generation.
Structures on the premises of
and directly related to the operation of a generating plant defined as a major
utility facility regulated by the power siting board, including the structures
associated with generation, transmission, and distribution. As a condition of
the power siting board's approval, the building department may be requested to
review and inspect these structures for compliance with the rules of the board
of building standards. However, the building department has no enforcement
authority.
5.
Elevators.
The
superintendent of the division of industrial compliance enforces provisions of
rules 4101:5-1-01 to
4101:5-3-02 and rules
1301:3-6-01 to
1301:3-6-06 of the
Administrative Code relating to the design, construction, repair, alteration,
and maintenance of elevators and elevator controls as defined in rule
4101:5-1-02 of the
Administrative Code.
6.
State projects
.
Certification does not confer any jurisdiction to a certified building
department to regulate:
6.1
The construction of buildings by the state of Ohio or
on land owned by the state of Ohio including, but is not limited to, its
agencies, authorities, boards, commissions, administrative departments,
instrumentalities, community or technical college districts, but does not
include other political subdivisions.
6.2
Park districts
created pursuant to Chapter 1545. of the Revised Code. A certified municipal,
township, or county building department may exercise enforcement authority,
accept and approve plans and specifications, and make inspections for a park
district created pursuant to Chapter 1545. of the Revised Code upon the
approval, by resolution, of the board of park commissioners of the park
district requesting the department to exercise that authority and conduct those
activities.
6.3
The construction of buildings or structures within the
scope of the building code on the premises of, and directly related to the
operation of, natural gas liquids fractionation, natural gas cracking, or
natural gas processing facilities.
Section
103
Section 104
Section 105
105.1
Approvals
required.
Any owner or owner's
representative who intends to construct, enlarge, alter, repair, move, or
change the occupancy of a building or structure, or portion thereof, or to
erect, install, enlarge, alter, repair, remove, convert or replace any
electrical, gas, mechanical, plumbing system, other building service equipment,
or piping system the installation of which is regulated by this code, or to
cause any such work to be done, is to first make application to the building
official and obtain the required approval.
105.1.1
Annual
approval for alterations.
An annual
approval may be issued for a period not to exceed 12 consecutive months in lieu
of individual approvals for alterations that do not affect egress, upon
application to any person, firm or corporation regularly employing
individual(s) holding the related board certification(s) in the building,
structure or on the premises owned or operated by the applicant for the
approval. The approval is to include a description of the scope of work
permitted and any limitations or conditions.
105.1.1.1
Annual approval records.
The person, firm or corporation to whom an annual
approval is issued is to keep a detailed record of alterations made under such
annual approval. The building official is to have access to such records at all
times or such records are to be filed with the building official as designated.
These records are to include the applicable construction documents in
accordance with section
106.1.
105.1.1.2
Expiration and revocation.
Upon expiration, the owner may request renewal of the
annual approval. Failure to maintain records in accordance with this section or
exceeding the scope of the approval may result in revocation of the
approval.
105.2
Previous
approvals.
No changes are required in the
construction documents, construction or designated occupancy of a structure for
which a lawful approval has previously been issued or otherwise lawfully
authorized, and the construction of which has been pursued in good faith within
one year of the approval of construction documents and approval has not expired
in accordance with this section.
105.3
Conditional approval.
When construction documents are submitted which cannot be
approved under the other provisions of this rule, the building official, may at
the request of the owner or owner's representative, issue a conditional plan
approval when an objection to any portion of the construction documents results
from conflicting interpretations of the code, or compliance requires only minor
modifications to the building design or construction. No conditional approval
is to be issued where the objection is to the application of specific technical
requirements of the code or correction of the objection would cause extensive
changes in the building design or construction. A conditional approval is a
conditional license to proceed with construction or materials up to the point
where construction or materials objected to by the agency are to be
incorporated into the building. The conditions objected are to be in writing
from the building official which is an adjudication order denying the issuance
of a license and may be appealed in accordance with section
3781.19 of the Revised Code. In
the absence of fraud or a serious safety or sanitation hazard, all items
previously examined conclusively presumed to comply with Chapters 3781. and
3791. of the Revised Code and the rules of the board. Reexamination of the
construction documents is limited to those items in the adjudication order. A
conditional plan approval is not a phased plan approval.
105.4
Phased
approval.
The building official may issue
an approval for the construction of foundations or any other part of a
building, structure, or building service equipment before the construction
documents for the whole building, structure or building service equipment have
been submitted, provided that adequate information and detailed statements have
been filed complying with applicable requirements of this code. The holder of
such approval for the foundation or other parts of a building or structure may
proceed at the holder's own risk with the building operation and without
assurance that an approval for the entire structure will be granted. Such
approvals may be issued for various stages in the sequence of construction
provided that all information and data required by the code for that portion of
the building or structure has been submitted. The holder of a phased plan
approval may proceed only to the point for which approval has been given.
105.4.1
Incomplete fire protection system drawings.
For fire protection system drawings, if actual fire
protection system details or product listing information is not known at the
time of plan examination, phased plan approval shall be granted subject to
subsequent submission of the information prior to installation of any part of
the fire protection systems.
105.5
Validity
of approval.
The construction, erection,
and alteration of a building, and any addition thereto, and the equipment and
maintenance thereof, are to conform to required plans which have been approved
by the building official, except for minor deviations which do not involve a
violation of the rules of the board. In the absence of fraud or a serious
safety or sanitation hazard, any structure built in accordance with approved
plans are conclusively presumed to comply with Chapters 3781. and 3791. of the
Revised Code and the rules of the board.
105.6
Expiration.
The
approval of plans or drawings and specifications or data by the building
official is invalid if construction, erection, alteration, or other work upon
the building has not commenced within twelve months of the approval of the
plans or drawings and specifications. One extension is to be granted for an
additional twelve-month period if requested by the owner at least ten days in
advance of the expiration of the approval and upon payment of a fee not to
exceed one hundred dollars.
105.7
Extension.
If, in the
course of construction, work is delayed or suspended for more than six months,
the approval of plans or drawings and specifications or data is invalid. Two
extensions are to be granted for six months each if requested by the owner at
least ten days in advance of the expiration of the approval and upon payment of
a fee for each extension of not more than one hundred dollars.
105.8
Certificate of plan approval.
The building official issues to the owner/applicant a
certificate of plan approval after plans have been approved in accordance with
section 107.
105.8.1
Content.
The
certificate of plan approval is to list the serial number of the certificate,
the address at which the building or equipment under consideration is or is to
be located, the name and address of the owner, the signature of the building
official who issued the certificate, the date of issuance and such other
information as is necessary to facilitate and ensure the proper enforcement of
the rules of the board, including but not limited to whether alternative
engineered design was part of the approved installation.
105.9
Applicable rules to be enforced.
The department with jurisdiction exercises enforcement
authority to accept and approve plans and specifications and make inspections
using the rules of the board that were in effect on the date of the first
application for plan approval for that project. Such approvals are subject to
the limitations this section.
Section 106
106.1
Submittal documents.
Construction documents, statement of special
inspections and other data are to be submitted with each application for an
approval. Before beginning the construction of any building for which
construction documents are required under section 105, the owner or the owner's
representative are to submit construction documents to the building official
for approval. When construction documents have been found to be in compliance
with the rules of the board of building standards in accordance with section
107 by a certified building department, that determination of compliance is
deemed sufficient to obtain approval for construction pursuant to section
105.2 and the building official
shall issue the certificate of plan approval.
106.1.1
Information on construction documents.
Construction documents are to be dimensioned and drawn
upon suitable material. Electronic media documents are permitted to be
submitted when approved by the building official. Construction documents are to
be coordinated and of sufficient clarity to indicate the location, nature and
extent of the work proposed and show in detail that it will conform to the
provisions of this code. Construction documents, adequate for the scope of the
project, are to include information necessary to determine compliance with the
building, mechanical, plumbing, fire, electrical, energy, and fuel gas codes
such as:
1.
Index.
An index of
drawings located on the first sheet including all occupancy classification(s),
type(s) of construction, the area in gross square feet for each level, the
maximum design occupant load, the structural design loads, and the seismic
design category and site class;
2.
Site
plan.
A site plan showing a north
orientation arrow, the size and location of new construction and all existing
structures on the site, all property and interior lot line locations with
setback and side yard dimensions and distances from buildings to lot lines, the
locations of the nearest streets, the established street grades, the locations,
types and sizes of all utility lines, the location of any fences, and the
elevations of all proposed finished grades; and be drawn in accordance with an
accurate boundary line survey. In the case of demolition, the site plan is to
show construction to be demolished and the location and size of existing
structures and construction that are to remain on the site or plot. The
building official is authorized to waive or modify the requirement for a site
plan when the application for approval is for alteration or repair or when
otherwise warranted.
2.1
Buildings or structures located in flood hazard
areas.
Construction documents submitted
for buildings or structures located in communities with identified flood hazard
areas, pursuant to section 1612, are to include the current FEMA "Flood Hazard
Boundary Map" (FHBM), "Flood Insurance Rate Map" (FIRM) or "Flood Boundary
Floodway Map" (FBFM) for the project location. The required site plan is to
include building elevations using the same datum as the related flood hazard
map. The owner is responsible for the compliance with local flood damage
prevention regulations for additional critical elevation information for the
project site.
2.2
Site Accessibility Plan.
Information in plan view and details indicating
compliance with the accessibility provisions of this code for the exterior of
the building in addition to accessible features of the interior. When
applicable, the plans are to include: the exterior accessible route between all
facilities required to be connected; ramp locations and elevations along the
exterior accessible route; number of and details for the required accessible
van and car parking spaces and passenger loading areas; location and detail of
required accessibility signage; grade/topographic elevations before and after
proposed grading when site impracticality is intended to be
applied.
3.
Floor plans.
Building configuration layout drawings with all walls and
partitions shown including: plans of full or partial basements and full or
partial attics and penthouses, grade elevations at the building perimeter, and
references to other details and elevations. Floor plans must show all relevant
information such as door swings, stairs and ramps, windows, shafts, all
portions of the means of egress, plumbing fixtures, built-in fixtures, special
equipment, vertical transportation, etc., and be sufficiently dimensioned to
describe all relevant space sizes. Spaces are to be identified by appropriate
code appellations (an "auditorium" is not permitted to be identified as a
"meeting room" if its attributes indicate that it is an auditorium). The number
of occupants to be accommodated on every floor, and in all rooms and spaces are
to be designated on construction documents;
4.
Demolition.
In the case
of demolition, identify construction to be demolished and the location,
arrangement, and dimensions of existing construction that is to
remain.
5.
Roof plan.
Roof
outline, overall dimensions and dimensions of setbacks, slope of roof,
drainage, reference to other details, roof materials, penetrations through
roof, and roof-mounted equipment;
6.
Exterior
elevations.
Vertical dimensions,
floor-to-floor heights, opening heights, references to other details, floor
lines, elevations of major elements, grade lines, foundation lines, material
indications and notes, symbols for window schedule, gutters, signs and windows,
doors, and all other openings.
7.
Building
sections.
Vertical dimensions, elevations
of the top of structural components and finish floor lines, materials, footings
and foundations, reference to other details, ceiling lines, and major
mechanical services.
8.
Exterior building envelope.
The exterior envelope described in sufficient detail to
determine compliance with this code and the referenced standards. Details are
to be provided which describe flashing, intersections with dissimilar
materials, corners, end details, control joints, intersections at roof, eaves,
or parapets, means of drainage, water-resistive membrane details around
openings, location and type of vapor retarders, window and door "U"-values, and
insulation location and "R"-values. The supporting documentation is to fully
describe the exterior wall system, which was tested, where applicable, as well
as the test procedure used.
9.
Wall
Sections.
Face of wall dimensions to other
components, vertical dimensions from foundations to parapet relating all
elements to top of structural elements, all connection methods, wall, ceiling,
floor, foundation, and roof materials and construction details.
10.
Interior
elevations.
Vertical dimensions to
critical elements, references to other details, openings in walls, wall
finishes, built-in items, and locations of switches, thermostats, and other
wall-mounted equipment.
11.
Schedules.
Information or tables that describe the room finishes,
doors, windows, and door hardware and controls. Wall and floor materials are to
be described by cross-hatching (with explanatory key), by notation, or by other
clearly understandable method.
12.
Structure.
Complete
structural description of the building including size and location of all
structural elements and a table of live, wind, snow, and seismic loads used in
the design of the building and other data as required to fully describe the
structural system.
13.
Fire suppression system.
Areas of protection, fire suppression system occupancy
hazard classification, and water supply data.
14.
Fire-resistance Ratings.
The fire-resistance ratings of all structural elements
as required by this code, data substantiating all required fire-resistance
ratings including details showing how penetrations will be made for electrical,
mechanical, plumbing, and communication conduits, pipes, and systems, and the
materials and methods for maintaining the required structural integrity,
fire-resistance rating, and firestopping.
15.
System
descriptions.
Complete description of the
plumbing, mechanical, fuel gas and electrical systems, including: materials,
insulation "R"-values, general routing and sizes of all piping; location and
type of plumbing fixtures and equipment; plumbing schematics and isometrics;
materials, insulation "R"-values, general routing and sizes of all ductwork,
vents, and louvers; location and type of heating, ventilation, air
conditioning, and other mechanical equipment; location and type of all fire
alarm, lighting and power equipment; type and size of all electrical
conductors.
16.
Operations.
Provide
information regarding operations, the types, quantities, and arrangement of
flammable, combustible, or hazardous materials proposed to be produced, used,
dispensed, or stored in the facility; material safety data sheets for hazardous
materials produced, used, or stored in the facility, the commodity and
arrangement of high piled or rack storage, control areas, etc.
17.
Additional
information.
Additional information
required by the building official to determine compliance with this
code.
106.1.1.1
Fire protection system drawings.
Construction documents are to be approved prior to the
start of system installation. Related product listing information is to be
provided and drawings are to contain all information as required by the
installation standards referenced in Chapter 9.
106.1.1.2
Special inspections.
Identify those special inspections needed during
construction for the types of work listed under section 1705.
106.1.2
Special provisions
. The
following are special provisions:
106.1.2.1
Industrialized units.
When construction includes the use of industrialized units
or alternative materials, designs and methods of construction or equipment
approved by the board, documentation shall be provided to the building official
describing how they are to be used, including:
1.1
A copy of the
construction documents approved by the board; and
1.2
Details
pertaining to on-site interconnection of modules or assemblies.
106.1.2.2
Public swimming pools.
Construction documents submitted that include construction
of public swimming pools are to include documentation indicating approval of
the pool construction documents by the Ohio department of health, comply with
the requirements of section 3109, other applicable sections of this code and
Ohio department of health rules pertaining to swimming pools and their service
equipment (Chapter 3701-31 of the Administrative Code, pursuant to Chapter
3749. of the Revised Code). Plans are to accurately show dimensions and
construction of the pool and appurtenances and properly established distances
to lot lines, buildings, walks and fences, as well as details of the water
supply system, drainage and water disposal systems, and all appurtenances
pertaining to the swimming pool. Detailed plans of structures, vertical
elevations and sections through the pool showing depth are to be
included.
106.1.2.3
Licensed fireworks facilities.
Construction documents submitted that include
alterations or construction of, or additions to buildings where sales, display,
storage or manufacture of consumer fireworks, 1.4g or display fireworks, 1.3g
are to include documentation indicating that the applicant has received
preliminary approval for construction issued by the state fire marshal pursuant
to Chapter 3743. of the Revised Code.
106.1.2.4
Flood
hazard elevation certification.
The
elevation certification provided by a registered surveyor and dry floodproofing
certification, when required in section
1612.4 for buildings or
structures located in communities with identified flood hazard areas, are to be
submitted to the building official.
106.1.2.5
Jails, workhouses or municipal lockups.
Construction documents submitted that include
alterations or construction of, or additions to jails, workhouses, or municipal
lockups are to include documentation indicating that the applicant has received
preliminary approval for construction issued by the Ohio department of
rehabilitation and corrections.
106.1.2.6
Storage or use of hazardous, flammable or combustible
liquids or gases.
When, as a part of work
subject to this code, construction includes or relates to the storage or use of
hazardous, flammable or combustible liquids or gases connected to and utilized
for the operation of building service equipment, such construction shall be in
accordance with the provisions of this code. Notification of such storage or
use shall be provided to the fire official for emergency planning purposes.
When construction includes or relates to the storage or use of hazardous,
flammable or combustible liquids or gases not associated with the operation of
building service equipment, the owner shall notify the building official in
accordance with Sections 106.1.1(item #16) and 414.1.3 to ensure that the
building has been adequately protected to address the hazard. However, approval
of the storage and use shall be obtained from the fire official in accordance
with the fire code.
106.1.2.7
Adjacent property.
Pursuant to section
3781.02 of the Revised Code, an
unoccupied space on an adjoining property may be included in the required fire
separation distance, provided that the adjoining property is dedicated or
deeded so as to preclude, for the life of the structure, the erection of any
building or structure on such space. See sections 506.3.1, 507 and
705.
106.2
Evidence
of responsibility.
Required construction
documents, when submitted for review as required under section 107, are to bear
the identification of the person primarily responsible for their
preparation.
106.2.1
Seal requirements.
Construction documents are to bear the seal of a registered
design professional pursuant to section
3791.04 of the Revised
Code.
1.
Buildings or
structures classified as one-, two-, or three-family dwellings and accessory
structures;
2.
Energy conservation design for buildings or structures
classified as one-, two-, or three-family dwellings;
3.
Fire protection
system designs submitted under the signature of an individual certified in
accordance with section
3781.105 of the Revised
Code;
4.
Installation of replacement devices, equipment or
systems that are equivalent in type and design to the replaced devices,
equipment or systems; and
5.
Alterations, construction or repairs to any buildings
or structures subject to sections
3781.06 to
3781.18 and
3791.04 of the Revised Code
where the building official determines that the proposed work does not involve
the technical design analysis of work affecting public health or general safety
in the following areas: means of egress, structural, mechanical, electrical,
plumbing, or fire protection.
5.1
For the purpose of this exception, technical design
analysis is defined as the development of integrated solutions using analytical
methods in accordance with established scientific and engineering
principles.
106.3
Amended
construction documents.
If substantive
changes to the building and/or systems are contemplated after first document
submission, or during construction, those changes must be submitted to the
building official for review and approval prior to those changes being
executed. The building official may waive this requirement in the instance of
an emergency repair, or similar instance.
106.4
Alternative materials and methods of construction and
equipment.
For approval of a device,
material or assembly that does not conform to the performance requirements in
this code, section 114 applies.
106.5
Alternative engineered design.
The design, documentation, inspection, testing and
approval of an alternative engineered system is to comply with sections 106.5.1
to 106.5.3 of this rule.
106.5.1
Design criteria.
An alternative engineered design is to conform to the
intent of the provisions of this code and provide an equivalent level of
quality, strength, effectiveness, fire resistance, durability and safety.
Materials, equipment or components are to be designed and installed in
accordance with the manufacturer's installation instructions
.
106.5.2
Submittal.
The
registered design professional is to indicate on the application that the
system is an alternative engineered design.
106.5.3
Technical data.
The
registered design professional is to submit sufficient technical data to
substantiate the proposed alternative engineered design and to prove that the
performance meets the intent of this code.
106.5.4
Newer
model codes and referenced standards.
Future editions and amendments to model codes and referenced
standards are not automatically included in this code, however, the building
official should give them due consideration in deciding whether the newer codes
or standards meet the intent of this code.
Section 107
107.1
Plan review required.
Where the rules of the board are applicable under section
101.2, before a building or
addition to a building is constructed or erected, and before a building is
altered or relocated, or building equipment is installed, or there is a change
of occupancy, or a resubmission of construction documents is required or
received, construction documents relating to the work and equipment under
consideration are to be prepared in conformity with section 106 and be
submitted to the building department for examination and
approval.
107.2
Application for plan approval.
To obtain a plan approval, the owner or the owner's
representative is to first file an application for that purpose and
include:
1.
Identify and describe the work to be covered for which
application is made for approval.
2.
Describe the land
on which the proposed work is to be done, street address or similar description
that will readily identify and locate the proposed building or
work.
3.
Indicate the use and occupancy(ies) for which the
proposed work is intended.
4.
Be accompanied by construction documents and other
information as required in section
106.1.
5.
Give such other
data and information as required by the building official.
7.
Identify and
clearly indicate whether the project or portion of a project intends to utilize
an industrialized unit.
8.
Identify and clearly indicate whether the project or
portion of a project intends to utilize an assembly of individually listed or
labeled products.
107.2.1
Time limitation of application.
The approval of plans under this section is a "license"
and the failure to approve such plans as submitted within thirty days after
filing or the disapproval of such plans is an "adjudication order denying the
issuance of a license" requiring the opportunity for an "adjudication hearing"
as provided by sections
119.07 to
119.13 of the Revised Code and
as modified by sections
3781.031 and
3781.19 of the Revised
Code.
107.3
Order of
plan review.
Construction documents
submitted for approval are to be examined for compliance with the rules of the
board in the order received, unless otherwise consented to by the building
owners affected by deferred examination or pursuant to a written policy adopted
by the department providing for alternative schedules for plan review based on
project size or other rational basis. Such policy is to be posted on the
department's website and may not give preferential treatment to any one
individual, organization or industry.
107.4
Review of
plans.
When construction documents have
been submitted to the building department for review and approval, the building
official will cause the construction documents to be examined for compliance
with the rules of the board by assigning the examination duty to an
appropriately certified master plans examiner or certified elective plans
examiners. The plans examiner(s) first determines whether the construction
documents being reviewed are adequate as required in section 106. If so, the
plans examiner(s) then examine the construction documents to determine
compliance with the rules of the board.
107.4.1
Inadequate construction documents.
If construction documents are determined to be
incomplete or inadequate for examination, the plans examiner will report the
findings to the building official. The plans examiner is to examine the
construction documents to the extent possible and identify what information
from section 106 is missing and needed to complete the required examination.
Upon receipt and review of the report, the building official proceeds as
required in section 107.6.
107.4.2
Resubmitted documents.
If construction documents are resubmitted in response to an
adjudication order, the review for compliance is limited to determining that
the item of non-compliance, and any work affected, has been corrected but does
not permit another review of unmodified construction documents previously
determined to comply.
107.4.3
Sealed construction documents
. Construction documents which have been prepared by an Ohio
registered design professional who prepared the same as conforming to the
requirements of the rules of the board pertaining to design loads, stresses,
strength, and stability, or other requirements involving technical analysis,
need be examined only to the extent necessary to determine conformity of such
construction documents with other requirements of the rules of the
board.
107.4.4
Fire protection system construction documents.
Construction documents for fire protection systems
authorized to be submitted by individuals certified pursuant to Chapter
4101:7-5 of the Administrative Code:
1.
When submitted under the signature of an individual
certified under section
3781.105 of the Revised Code, be
processed in the same manner as construction documents submitted under the
signature of a registered design professional. Any statistical data, reports,
explanations, plan description, or information that would not also be required
for a similar submission by a registered design professional need not be
submitted by a certified designer.
2.
If certified by a
registered design professional or individual certified under section
3781.105 of the Revised Code as
conforming to requirements of the rules of the board pertaining to design
loads, stresses, strength, stability, or other requirements involving technical
analysis, be examined by the building department official only to the extent
necessary to determine conformity of such construction documents with other
requirements adopted by the board under Chapters 3781. and 3791. of the Revised
Code.
107.4.5
Participation by fire official.
When a certified building department receives an
application for plan approval in a jurisdiction in which the local fire
official has requested an opportunity to provide input to the certified
building department on issues related to fire protection systems by submitting
a completed "Request for Participation" form prescribed by the board and
provided by the building official to the local fire official annually, the
applicant is to provide a set of relevant construction documents for the local
fire official. The building official will evaluate the local fire official's
comments related to fire protection system provisions of this code that are
received within the timeframe established by the building official and section
3791.04 of the Revised Code
prior to issuing the certificate of plan approval required in Section
105.5. In the absence of timely
input from the fire official during the plan review process, the building
official may proceed as outlined in Section 107.5.1
107.5
Plan
review, compliance with rules of the board.
If the construction documents are determined to comply
with the rules of the board, the plans examiner communicates the findings and
recommends the conditions and type of approval to the building official.
107.5.1
Building official approval.
The building official evaluates the plans examiner's
recommendations and any communications received from the fire official as
described in section 107.4.5. When the construction documents have been
determined to conform to the applicable provisions of the rules of the board,
the building official shall endorse or stamp such plans as approved and issue
the certificate of plan approval in accordance with section
105.5.
107.5.2
Posting.
The
certificate of plan approval is to be posted in a conspicuous location on the
site. The owner and the contractor is to preserve and keep the certificate
posted until the final inspections have been completed.
107.6
Plan review, items of noncompliance.
When the construction documents are examined and items
of noncompliance with the rules of the board are found by the plans examiner,
the building official proceeds as required in either section 107.6.1 or section
107.6.2.
107.6.1
Communication
process for items of non-compliance.
1.
Item(s) of
non-compliance are to be communicated to the owner or the owner's
representative and offer the following options:
1.1.
The owner will
revise the drawings and resubmit to the department.
1.2
The items of
noncompliance will not be brought into compliance and will be referred to the
building official as indicated in item 4 below.
2.
The owner or the
owner's representative indicates which option (item 1 above) will be
exercised.
3.
Notations of the communication be made on a plan review
record. The notations are to include the plans examiner's name, the date of the
communication with the owner or the owner's representative, the observed items
of noncompliance, the code citation related to the item(s) of noncompliance,
the action necessary to correct the item(s) of noncompliance, the option chosen
by the owner or the owner's representative, the name of the person communicated
with, and the estimated dates of compliance and resubmission, if
applicable.
4.
If the owner or the owner's representative indicates
that the work will not be brought into compliance with the rules of the board
or requests an adjudication order, the plans examiner reports to the building
official in accordance with section 107.6.2.
107.6.2
Building official determination of
noncompliance.
The building official
evaluates the plans examiner's report and any reports received from the fire
official as described in section 107.4.5 and render a final determination as to
whether the items of non-compliance are to be communicated to the owner in the
form of an adjudication order complying with section 109. The building official
also determines whether any approvals are possible, and issue the appropriate
approval as described in section 105.
107.7
Approved
construction document sets.
One set of
approved construction documents is be kept by the building official. The other
set(s) is returned to the applicant to be kept at the work site, along with
manufacturers' installation instructions and product information, and be made
available for use by the inspector.
Section 108
108.1
General.
After
construction documents have been approved, construction or work may proceed in
accordance with the approved documents. Construction or work for which an
approval is required is be subject to inspection. It is the duty of the owner
or the owner's representative to notify the building department when work is
ready for inspection. Access to and means for inspection of such work is to be
provided for any inspections that are required by this code.
108.2
Required
inspections.
At the time that the
certificate of plan approval is issued, the building official will also
provide, to the owner or the owner's representative, a list of all required
inspections for each project. The required inspection list is created from the
applicable inspections set forth in sections 108.2.1 to 108.2.14. The building
official, upon notification from the owner or the owner's representative that
the work is ready for inspection, will cause the inspections set forth in the
required inspection list to be made by an appropriately certified inspector in
accordance with the approved construction documents.
108.2.1
Lot
line markers required.
Before any work is
started in the construction of a building or an addition to a building to which
the rules of the board are applicable under section
101.2, all boundary lines are to
be clearly marked at their intersections with permanent markers or with markers
which are offset at a distance which is of record with the
owner.
108.2.2
Footing or foundation inspection.
Footing and foundation inspections are to be made after
excavations for footings are complete and any required reinforcing steel is in
place. For concrete foundations, any required forms are to be in place prior to
inspection. Materials for the foundation are to be on the job, except where
concrete is ready mixed in accordance with "ASTM C 94", the concrete need not
be on the job.
108.2.3
Concrete slab and under-floor
inspection.
Concrete slab and under-floor
inspections are to be made after in-slab and under-floor reinforcing steel and
building service equipment, conduit, insulation, vapor retarder, piping
accessories and other ancillary equipment items are in place, but before any
concrete is placed or floor sheathing installed, including the
subfloor.
108.2.4
Lowest floor elevation.
The elevation certification required in section
1612.4 is to be submitted to the
building official.
108.2.5
Frame inspection.
Framing inspections are to be made after the roof deck
or sheathing, all framing, fire blocking and bracing are in place and pipes,
chimneys and vents to be concealed are complete and the rough electrical,
plumbing, heating wires, pipes and ducts are approved.
108.2.6
Types
IV-A, IV-B and IV-C connection protection.
In buildings of Types IV-A, IV-B and IV-C construction,
where connection fire-resistance ratings are provided by wood cover calculated
to meet the requirements of section 2304.10.1, inspection of the wood cover is
to be made after the cover is installed, but before any other coverings or
finishes are installed.
108.2.7
Lath or
gypsum board inspection.
Lath and gypsum
board inspections are to be made after lathing and gypsum board, interior and
exterior, is in place, but before any plastering is applied or before gypsum
board joints and fasteners are taped and finished.
108.2.8
Fire-
and smoke-resistant penetrations.
Protection of joints and penetrations in
fire-resistance-rated assemblies, smoke barriers and smoke partitions are not
to be concealed from view until inspected and approved.
108.2.9
Energy
efficiency inspections.
Inspections are to
determine compliance with Chapter 13 of the "OBC" and include, but not be
limited to, inspections for: envelope insulation "R" and "U" values,
fenestration "U" value, duct system "R" value, infiltration air barriers,
caulking/sealing of openings in envelope and ductwork, and "HVAC" and water
heating equipment efficiency.
108.2.10
Building services equipment inspections.
Inspections are to be made of all building services
equipment to ensure that it has been installed in accordance with the approved
construction documents, the equipment listings, and the manufacturer's
installation instructions. Inspections include, but not be limited to,
inspections for the following systems and their associated components:
mechanical heating and ventilating systems, mechanical exhaust systems,
plumbing systems, fire protection systems, and electrical systems.
108.2.10.1
Inspections of elevators.
Inspection of work related to elevators are to be
coordinated with the division of industrial compliance in accordance Section
102.11 #5.
108.2.10.2
Inspections of boilers.
Inspection of work related to boilers are to be coordinated
with the division of industrial compliance when appropriate.
108.2.11
Other inspections.
In
addition to the inspections specified above, other inspections may be required
by the building official of any construction work to ascertain compliance with
the provisions of this code.
108.2.12
Special inspections.
For special inspections, see Chapter
17.
108.2.13
Inspections, completion.
When all of the required successive inspections have
been satisfactorily completed and the inspectors have verified compliance with
the approved construction documents, the inspectors then communicate their
findings to the building official. The building official, after review of the
findings, shall issue the certificate of occupancy or the certificate of
completion as described in section 111.
108.2.13.1
Fire
protection system final inspections.
Fire
protection system final inspections are to be coordinated with the fire
official. It is the responsibility of the owner or the owner's representative
to provide advance notice to the fire official of when the final inspections
are scheduled.
108.2.14
Industrialized unit inspections.
Inspection of on-site construction to complete
installation of approved industrialized units is the responsibility of the
building department with jurisdiction. Such inspections include:
1.
Connection to
on-site construction, interconnection of modules, connection to utilities. The
inspections and conducting of required tests are not to require the destruction
or disassembly of any factory-constructed component authorized by the
board.
2.
Inspection of the unit for damage resulting from
transportation, improper protection of exposed parts from inclement weather or
other causes. Damage is to be repaired as required by the building official to
comply with the applicable provisions of the rules of the
board;
3.
Inspection of the unit to determine if it is marked by
an insignia furnished by the board; and
4.
Inspect the unit
to determine if the floor plan, exterior elevations, and exposed details are in
conformance with the plans approved by the board.
108.3
Inspection agencies.
The building official is authorized to accept reports of
approved inspection agencies, provided such agencies are approved in accordance
with the rules of the board of building standards.
108.4
Right of
entry.
The building official, or the
building official's designee, is authorized to enter the structure or premises
at reasonable times to inspect or to perform the duties imposed by this code,
provided that credentials are presented to the occupant and that entry is
requested and obtained. Where permission to enter has not been obtained, is
denied, or the building official has probable cause to believe that there
exists in a structure or upon a premises a condition which is a serious hazard
the building official is to proceed as required in section 109 and also has
recourse to the remedies provided by law to secure entry, including those
adopted by the jurisdiction.
108.5
Inspections, compliance with construction
documents.
When an inspector from the
department having jurisdiction finds that completed work is in accordance with
the approved construction documents, the inspector will communicate the
findings to the owner or owner's representative, make a note of the inspection
in the written or electronic inspection record of the project available on site
and in the department's project record, and communicate the findings to the
building official. The building official, after review of the findings, shall
issue the certificate of occupancy or certificate of completion in accordance
with section 111.
108.6
Inspections, observation of violations, unsafe
conditions, or serious hazards.
When an
inspector from the department having jurisdiction finds that any work in
connection with the location, erection, construction, repair, alteration,
moving, or equipment of a building is contrary to the approved construction
documents for the same, the building inspector proceeds as required in either
section 108.6.1 or 108.7.
108.6.1
Communication process for work contrary to approved
construction documents.
1.
Communicate the nature of the differences to the owner
or the owner's on-site representative and offer the following options 1.1 The
owner will bring the item of noncompliance into compliance, 1.2 The owner will
revise the drawings and resubmit to the department, 1.3 The items of
noncompliance will not be brought into compliance and will be referred to the
building official as indicated in item 4 below.
2.
The owner or the
owner's on-site representative indicates which option (item 1 above) will be
exercised 3. Notations of the inspection in the written or electronic
inspection record of the project available on site and in the department's
project record are to be made. The notations is to include the inspector's
name, the date of the inspection, the type of inspection, the observed items of
noncompliance, the option chosen by the owner or the owner's on-site
representative, the name of the person communicated with, and the estimated
dates of compliance and follow-up inspections, if applicable.
4.
If the owner or
the owner's on-site representative indicates that the work will not be brought
into compliance with the approved construction documents, the inspector is to
submit a report to the building official for the final determination of
noncompliance in accordance with section
108.7.
108.6.2
Observation of violations not shown on plans.
If an inspector, in the course of performing the
assigned or requested inspections, observes a code violation that was either
shown incorrectly or not adequately addressed or detailed in the approved
construction documents, the inspector is to communicate the finding to the
building official so that the building official can make a determination of
whether to issue a notice of recommended change.
108.6.3
Observation of unsafe conditions or serious
hazards.
If an inspector, in the course of
performing the assigned or requested inspections, observes an unsafe condition
or a serious hazard, the inspector shall communicate that condition to the
owner or the owner's on-site representative and report the findings immediately
to the building official so that the building official can make a final
determination of whether the violation constitutes a serious hazard which
requires the issuance of an adjudication order as required in section
109.
108.6.4
Industrialized units, observations of
noncompliance.
If a unit of closed
construction does not bear an insignia issued by the board, the unit has not
been approved by the board therefore is within the jurisdiction of the building
department. Units not approved by the board and placed on-site are work without
approval and the building official is to proceed in accordance with section 109
of this code.
108.7
Building
official determination of noncompliance.
The building official shall evaluate the inspector's report
and render a final determination as to whether the items of non-compliance are
to be communicated to the owner in the form of an adjudication order complying
with section 109 or whether any additional approvals are necessary. The
building official shall make the determination within four days of the
inspector reporting as required in sections 108.6.2 and 108.6.3, exclusive of
Saturdays, Sundays, and legal holidays.
108.8
Acceptance, performance, and operational
testing.
Acceptance, performance, and
operational testing is to be conducted by the owner or the owner's
representative as required in the applicable code or referenced standard.
Advanced notice of the test schedule is to be given to the building official.
The building official may require that the tests be conducted in the presence
of the building official or certified inspector. Testing and inspection records
are to be made available to the building official or inspector, upon request,
at all times during the fabrication of the systems and the erection of the
building.
108.8.1
Fire protection system acceptance testing.
Fire protection system acceptance tests are to be
coordinated with the fire official . It is the responsibility
of the owner or the owner's representative to provide advance notice of when
the tests are scheduled to both the building official and the fire
official.
108.8.2
New, altered, extended or repaired systems.
New systems and parts of existing systems, which have
been altered, extended, renovated or repaired, are to be tested as prescribed
herein to disclose leaks and defects.
108.8.3
Apparatus, material and labor for tests.
Apparatus, material and labor required for testing a
system or part thereof are to be furnished by the owner or the owner's
representative. Required tests are to be conducted by and at the expense of the
owner or the owner's representative.
108.8.4
Reinspection and testing.
Where any work or installation does not pass an initial
test or inspection, the inspector is to proceed as outlined in section
108.6.
108.9
Posting of occupant and structural loads.
Postings required by Section 1004 and 1602 are to be
verified.
Section
109
109.1
Adjudication orders required.
When the building official denies any approval or takes
action in response to findings of non-compliance with the rules of the board,
such action is to be initiated by issuing an adjudication order pursuant to
section 3781.031 of the Revised Code,
prior to seeking any remedy, civil or criminal. Every adjudication order
shall:
1.
Identify the rules of the board violated;
2.
Specifically
indicate which detail, installation, site preparation, material, appliance,
device, addition, alteration to structures, construction documents, assemblages
or procedures are necessary to change to comply with the order;
2.1
When issued to
stop work, the order shall also clearly indicate the specific work that is
required to cease, when the work must cease and the conditions under which the
cited work will be permitted to resume.
3.
Include notice of
the procedure for appeal and right to a hearing if requested within thirty days
of the mailing of the order. 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;
4.
Specify a
reasonable period of time in which to bring the item(s) on the order into
compliance;
5.
Include the signature of the building official;
and
6.
The order shall be sent to the owner and owner's
representatives.
6.1
When issued to stop work, the order shall also be given
to the person doing the work.
109.2
Response
to orders.
The person receiving an order
may exercise their right to appeal within 30 days of the mailing of the order,
comply with the order, or otherwise be released from the order by the building
official.
109.3
Prosecution and penalties.
When an owner fails to comply with section
109.2, the owner may be
prosecuted pursuant to this code or other law or ordinance adopted by the
jurisdiction, and subject to fine as provided for in section
3791.04 of the Revised
Code.
109.3.1
Unlawful continuance.
Failure to cease work after receipt of an order to stop work
is hereby declared a public nuisance.
109.4
Unsafe
buildings.
Structures or existing
equipment that are unsafe or unsanitary due to 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. Where a building is found to be a serious hazard, such hazard shall be
eliminated or the building shall be vacated.
109.4.1
Orders,
injunction proceedings.
Where the building
official finds that a building is a serious hazard and the owner of such
building fails, in the time specified in an order from the building official,
to eliminate such hazard, or to vacate the building, the building official
shall proceed under section
3781.15 of the Revised Code or
other law or ordinance adopted by the jurisdiction.
109.4.2
Restoration.
Where the
structure or equipment is determined to be unsafe by the building official, it
is permitted to be restored to a safe condition. To the extent that repairs,
alterations or additions are intended to be made or a change of occupancy
occurs during the restoration of the structure, such repairs, alterations,
additions or change of occupancy are to comply with Chapter 34 and this
chapter.
Section
110
110.1
Powers,
local boards of building appeals.
Certified municipal and county boards of building appeals
hear and decide the adjudication hearings referred to in section
109.1 within the jurisdiction of
and arising from orders of the local building official in the enforcement of
Chapters 3781. and 3791. of the Revised Code and rules adopted thereunder. The
orders may be reversed or modified by the board if it finds:
1.
The order contrary
to such laws or rules;
2.
The order contrary to a fair interpretation or
application thereof; or
3.
That a variance from the provisions of such laws or
rules, in a specific case, will not be contrary to the public interest where
literal enforcement of such provisions will result in unnecessary
hardship.
110.2
Hearing and right of appeal, local board of
building appeals.
Adjudication hearings
are to be conducted in accordance with sections
119.09 to
119.13,
3781.031 and
3781.19 of the Revised Code, and
the following:
1.
Requests for hearing shall be within thirty days of the
mailing date of an adjudication order. The local board will schedule a hearing
and notify the party. If the hearing concerns section
3781.111 of the Revised Code or
rules adopted thereunder, reasonable notice of time, date, place, and subject
of the hearing is to be given to any local organization composed of or
representing persons with disabilities, as defined in section
3781.111 of the Revised Code, or
if there is no local organization, then to any statewide organization composed
of or representing persons with disabilities.
2.
The Board shall
render its decision within thirty days after the hearing.
3.
Following the
hearing, an order shall be entered on its journal, and the local board shall
serve by certified mail, return receipt requested, upon the party affected
thereby, a certified copy of the order and a statement of the time and method
by which an appeal may be perfected. A copy of the order shall be mailed to the
attorney or other representatives of record representing the
party.
4.
Any municipal or county officer, official municipal or
county board, or person who was a party to the hearing before the municipal or
county board of building appeals, may apply to the state board of building
appeals for a de novo hearing, or may appeal to the court of common pleas of
the county in which he is a resident or in which the premises affected by such
order is located.
5.
In addition, when the adjudication hearing concerns
section 3781.111 of the Revised Code, or
any rule made thereunder, any local organization composed of or representing
persons with disabilities, or if no local organization exists, then any
statewide organization representing persons with disabilities may file appeals
as indicated in paragraph 4. of this section.
6.
Application for a
de novo hearing before the state board shall be made no later than thirty days
after the municipal or county board renders its decision.
110.3
Materials.
A certified
board of building appeals may not prohibit the use of materials or assemblages
authorized for statewide use by the board of building standards pursuant to
section 3781.12 of the Revised
Code.
110.4
State board of building appeals.
The Ohio board of building appeals conducts the
adjudication hearings in political subdivisions without certified boards or
without contracts with certified boards.
Section 111
111.1
Approval
required to occupy.
No building or
structure, in whole or in part, may be used or occupied until the building
official has issued an approval in the form of a certificate of occupancy or
certificate of completion in compliance with this section.
111.1.1
Certificate of occupancy and certificate of
completion.
The certificate of occupancy
indicates the conditions under which the building shall be used. The owner may
only use the building in compliance with the certificate of occupancy and any
stated conditions. The building and all approved building service equipment are
to be maintained in accordance with the approval. Where appropriate, the
building official may issue certificate of completion for alterations and
repairs in lieu of a certificate of occupancy.
111.1.1.1
New buildings and additions
. A building or structure erected, enlarged or extended is
not permitted to be used or occupied, in whole or in part, until the
certificate of occupancy has been issued by the building official. Occupancy of
spaces within a building which are unaffected by the work may be permitted to
continue if the building official determines the existing spaces can be
occupied safely.
111.1.1.2
Change of occupancy.
Change of occupancy of an existing structure is not
permitted to be made except as specified in Chapter 34. A building or structure
hereafter changed, in whole or in part, from one occupancy to another is not to
be occupied for the new occupancy until the certificate of occupancy has been
issued by the building official reflecting such changed portions. Existing
occupancy of spaces within the building which are unaffected by the change of
occupancy and any related alterations may be permitted to continue if the
building official determines the existing spaces can be occupied safely until
the completion of the alterations.
111.1.1.3
Partial occupancy.
Upon
the request of the owner or owner's representative, a building official may
issue a certificate of occupancy before the completion of the entire work,
provided that the building official determines that the space can be safely
occupied prior to full completion of the building, structure, or portion
without endangering life or public welfare. The certificate is to indicate the
extent of the areas approved for occupancy and any time limits for completion
of the work.
111.1.1.4
Time-limited occupancy.
A building or structure hereafter changed in part from
one occupancy to another for a limited time may receive a certificate of
occupancy reflecting that time-limited occupancy provided:
1.
There are no
violations of law or orders of the building official pending;
2.
It is established
after inspection and investigation that the proposed use is not deemed to
endanger public safety and welfare;
3.
The building
official has approved the use for an alternative purpose on a temporary
basis;
4.
The building official has issued a certificate of
occupancy indicating any special conditions under which the building or part of
the building can be used for the alternative purpose within the time limit
specified.
111.1.1.5
Temporary structures occupancy.
A building intended to be erected, placed and used for
a period of time not to exceed one hundred eighty days that has been determined
by the building official to be in compliance with section
102.8 may be issued a
"Certificate of Occupancy for Temporary Structures." The building official may
grant extensions for demonstrated cause.
111.2
Certificate issued.
The
certificate shall certify compliance with the provisions of this code, Chapters
3781. and 3791. of the Revised Code, and the purpose for which the building or
structure may be used in its several parts. The certificate of occupancy or
certificate of completion shall contain the following:
1.
The plan approval
application number.
2.
The address.
3.
A description of
that portion of the structure for which the certificate is
issued.
4.
The signature of all building officials having
jurisdiction. When more than one building official has jurisdiction for a
building (when the certification of the building department is limited for such
systems as plumbing or piping systems) each signs the certificate with an
indication of the scope of their individual approvals.
5.
The edition of the
code under which the plan approval was issued.
6.
The use and
occupancy, in accordance with the provisions of Chapter 3.
7.
The type of
construction as defined in Chapter 6.
8.
The design
occupant load.
9.
If an automatic sprinkler systems is provided, whether
the sprinkler system is required.
10.
The hazard
classification or storage configuration, including aisle widths, for which the
automatic sprinkler system is designed.
11.
The automatic
sprinkler and standpipe system demand at the base of the riser.
12.
Any special
stipulations and conditions of the plan approval including, but not limited to,
alternative engineered design submitted pursuant to section
106.5 and any variances granted
to the requirements of this code.
111.3
Validity
of a certificate of occupancy or certificate of completion.
The certificate represents an approval that is valid
only when the building or structure is used as approved and certifies
conformance with applicable provisions of the "Ohio Building Code" and Chapters
3781. and 3791. of the Revised Code. The approval is conditioned upon the
building systems and equipment being maintained and tested in accordance with
the approval, the "Ohio Building Code", and applicable equipment and systems
schedules.
111.4
Existing buildings.
Upon written request from the owner of an existing building
or structure, the building official shall issue a certificate of occupancy,
provided there are no violations of law or orders of the building official
pending, and it is established after inspection and investigation that the
alleged occupancy of the building or structure has previously existed. This
code does not require the removal, alteration or abandonment of, or prevent the
continuance of, the occupancy of a lawfully existing building or structure,
unless such use is deemed to endanger public safety and
welfare.
Section
112
Section 113
Section 114
114.1
General.
Any
material, product, assembly or method of construction used in a building or
structure is to be approved by the building official. The provisions of this
section describe the product approval process intended by the board in
accordance with section
3781.10(C) of
the Revised Code.
114.2
Definitions.
The following words and terms, for the purposes of this
section, have the meanings shown herein:
Click to view image
114.3
Building official approval process.
The building official shall approve the use of products
in accordance with Sections 114.3.1 through 114.3.3.
114.3.1
Materials, products, assemblies and methods of construction
prescribed in the code.
114.3.1.1
Testing laboratories.
When test reports are required to be submitted or when
the rules of the Board specify that materials, products, assemblies and methods
of construction are to conform to specific referenced standards, the building
official is to verify that the proposed material, product, assembly, and method
of construction have been tested by a testing laboratory recognized by the
board and published on the list titled "Recognized Conformity Assessment
Bodies" found on the board's website at
https://com.ohio.gov/divisions-and-programs/industrial-compliance/boards/board-of-building-standards
1.
Acceptance,
performance, and operational testing reports submitted in accordance with
Section 108.8 are permitted to be
prepared and submitted by the individual performing the acceptance,
performance, and operational tests. Board recognition is not required for
persons conducting acceptance, performance, or operational
tests.
2.
Special inspection reports submitted in accordance with
Section 1704.1.2 are permitted to be prepared and submitted by the special
inspector defined in Section
1702.1 and qualified in
accordance with Section
1704.1. Board recognition is not
required for all special inspectors.
114.3.1.2
Listing agencies.
When
the rules of the Board specify that materials, products, assemblies and methods
of construction are to be marked or listed and labeled in accordance with a
specific referenced standard, the building official is to verify that the
proposed material, product, assembly, and method of construction has been
listed and labeled by a listing agency recognized by the board and published on
the list titled "Recognized Conformity Assessment Bodies" found on the board's
website at
https://com.ohio.gov/divisions-and-programs/industrial-compliance/boards/board-of-building-standards
1.
The product is listed on the product certification
body's website directory.
2.
The listing is current.
3.
The product is
proposed to be installed/used in accordance with the listing.
4.
When used as an
assembly, the assembly is proposed to be installed/used in compliance with this
code.
5.
The extent of the listing does not include in its
scope, elements of design, construction or installation otherwise in conflict
with the provisions of this code such as fire-resistance and structural
design.
114.3.2
Alternative materials, products, assemblies and methods of
construction not prescribed in the code.
The provisions of this code are not intended to prevent the
installation of any material or to restrict any material, product, assembly or
method of construction not specifically prescribed by this code, provided that
any such alternative has a valid evaluation service report, as described in
section 114.3.2.1, or listing from a product certification body recognized by
the board and published on a list titled "Recognized Conformity Assessment
Bodies" found on the board's website at
https://com.ohio.gov/divisions-and-programs/industrial-compliance/boards/board-of-building-standards
114.3.2.1
Evaluation Service Reports.
Building officials are authorized to accept evaluation
service reports for materials, products, assemblies, and methods of
construction from recognized evaluation service agencies after reviewing and
verifying all of the following minimum information in the evaluation service
report:
1.
Identification and description of the product specifically
addressed in the report and a description of how the product can be
identified;
2.
Identification of the specific code provisions to which
the product was evaluated as a suitable alternative to the requirements of the
code;
3.
The product installation requirements;
4.
The statement of
the conditions and limitations of use of the product; and
5.
List the test
reports used in the evaluation.
114.3.3
Used
materials and products.
The use of used
materials and products which meet the requirements of this code for new
materials and products is permitted. Used products and materials are not to be
reused unless approved by the building official.
114.4
Process
for board-recognition of "Accreditation Bodies," "Conformity Assessment
Bodies," and "Industry Trade Association Certification Programs."
All accreditation bodies, conformity assessment bodies,
and industry trade association certification programs are to be recognized by
the board in accordance with division 4101:7 of the Administrative
Code.
Replaces: 4101:1-1-01, 4101:1-5-01, 4101:1-7-01, 4101:1-9-01, 4101:1-30-01, 4101:1-31-01
Notes
Promulgated Under: 119.03
Statutory Authority: 3781.10(A)(1), 4104.43(A)(1)
Rule Amplifies: 2744., 3781.02, 3781.03, 3781.031, 3781.06, 3781.061, 3781.10, 3781.11, 3791.04
Prior Effective Dates: 07/07/1969, 03/26/1971, 04/15/1974, 02/15/1975, 07/01/1977, 12/30/1977, 07/01/1978, 11/01/1978, 07/01/1979, 07/16/1979, 05/01/1980, 01/01/1981, 03/10/1982, 07/01/1982, 01/01/1983, 01/01/1984, 03/01/1984, 03/05/1984, 03/01/1985, 07/01/1985, 12/01/1985, 03/01/1986, 08/01/1986, 09/01/1986, 02/01/1987, 07/01/1987, 01/01/1988, 10/01/1988, 01/01/1989, 06/01/1989, 01/01/1990, 08/01/1990, 10/01/1990, 07/01/1991, 07/15/1992, 09/01/1992, 01/01/1993, 02/01/1993, 07/05/1993, 01/01/1994, 09/01/1994, 05/15/1995, 07/01/1995, 02/01/1996, 02/02/1996, 01/01/1997, 07/01/1997, 01/01/1998, 03/01/1998, 04/01/1999, 10/01/1999, 07/15/2000, 12/01/2000, 04/01/2001, 01/01/2002, 07/01/2002, 01/01/2003, 04/01/2003, 07/01/2003, 08/15/2003, 01/01/2004, 07/01/2004, 03/01/2005, 09/06/2005, 03/01/2006, 07/01/2006, 07/01/2007, 11/01/2007, 01/01/2009, 07/01/2009, 11/01/2011, 03/11/2012, 03/12/2012 (Emer.), 06/08/2012, 03/01/2013, 07/01/2014, 01/01/2016, 10/10/2016, 11/01/2017, 08/01/2018
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