Ohio Admin. Code 4101:8-1-01 - Administration
SECTION
101
101.1
Title.
Chapters 4101:8-1 to 4101:8-25, 4101:8-29, 4101:8-34, and
4101:8-44 of the Administrative Code are designated as the "Residential Code of
Ohio for One-, Two-, and Three-Family Dwellings" for which the designation
"RCO" may be substituted. The 2018 edition of the "International Residential
Code", first printing, Chapters 2 through 24, 29, and 44 as published by the
"International Code Council, Inc." is used as the basis of this document as is
incorporated fully except as modified in italic herein. References in these
chapters to "this code", to the "residential code", or to the "Residential Code
of Ohio" in other sections of the Administrative Code shall mean the
"Residential Code of Ohio for One-, Two, and Three-Family
Dwellings".
101.2
Scope.
The provisions of the "Residential Code of Ohio for One-,
Two-, and Three-Family Dwellings" shall apply to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy,
location, maintenance, removal, and demolition of every one-, two-, or
three-family dwelling, any appurtenances connected or attached to such
buildings or structures, or any accessory structure incidental to that dwelling
house including electrical equipment associated with bodies of water as defined
in article 680 of NFPA 70 as referenced in part IX, chapter 44. This code also
applies to a one-family, two-family, or three-family dwelling house that is
used as a model to promote the sale of a similar dwelling house. No building or
its equipment or accessories, to which the rules of the board apply shall be
erected, constructed, or installed, except in conformity with the rules of the
board.
1.
Manufactured homes constructed under " 24 CFR Part 3280 ,"
"Manufactured Home Construction and Safety Standards" and used as a dwelling or
by a park operator to promote the sale/rental of manufactured
homes.
2.
Multiple single-family dwelling structures more
than three stories in height and with more than three dwelling
units.
a.
The structure of one-, two-, and three-family dwellings
which are more than three stories in height shall comply with the structural
requirements of the OBC or section 106.5 of this code.
3.
Residential buildings attached to occupancies that are
within the scope of the OBC shall comply with the requirements of the
"OBC".
4.
Buildings or structures containing two or three
dwelling units with a shared exit shall comply with the requirements of the
"OBC."
5.
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);
6.
Agricultural labor
camps;
7.
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 shall be conducted by the
certified building department having jurisdiction in accordance with the
inspection checklist found on the board of building standard's
website.
8.
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.
9.
Sewerage systems, treatment works, and disposal
systems (including the 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.
10.
Building sewer piping.
11.
Private
water systems (including 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.
12.
Wind turbines, pumps, site lighting, and
flagpoles not connected to building services
equipment.
13.
Fixed or floating docks (including the
electrical wiring and lighting systems serving the docks not connected to
building services equipment).
14.
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.
15.
The applicable provisions of the OBC shall
apply when installing components, equipment, and systems for which there are no
provisions in this code.
16.
When
buildings regulated by the OBC are permitted to use the construction
requirements of this code, such buildings remain within the scope of the
OBC.
101.3
Intent.
The purpose of this code is to establish uniform minimum
requirements for the erection, construction, repair, alteration, and
maintenance of residential buildings, including construction of industrialized
units. Such requirements shall 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.
Further, the rules shall consider the following:
1.1.
The
impact that the state residential building code may have upon the health,
safety, and welfare of the public;
1.2.
The
economic reasonableness of the residential building
code;
1.3.
The technical feasibility of the residential
building code;
1.4.
The financial impact that the residential
building code may have on the public's ability to purchase affordable
housing.
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, thestandardization of construction
practices, methods, equipment, material and techniques, including methods
employed to produce industrialized units.
3.1.
A local
governing authority shall, and any person may, notify the board of building
standards of any regulation the local governing authority adopts related to
content within the scope of this code and request that the board of building
standards determine whether that regulation conflicts with the state
residential building code.
3.1.1.
Not
later than sixty days after receiving a notice to review local regulations for
conflict, the board shall determine, based upon a recommendation from the
advisory committee, whether the regulation conflicts with the state residential
building code and shall notify any person who submitted the notice and the
local governing authority that adopted the regulation of the board's
determination.
3.1.2.
If the
board determines that a conflict does not exist, the board shall take no
further action with regard to the regulation. If the board determines a
conflict exists and the regulation is not necessary to protect the health or
safety of the persons within the local governing authority's jurisdiction, the
regulation is not valid and the local governing authority may not enforce the
regulation.
3.1.3.
If the board determines that a conflict exists
and that the regulation is necessary to protect the health or safety of the
persons within the local governing authority's jurisdiction, the board shall
adopt a rule to incorporate the regulation into the state residential building
code. Until the rule becomes a part of the state residential building code, the
board shall grant a temporary variance to the local governing authority and any
similarly situated local governing authority to which the board determines the
temporary variance should apply.
101.4
Reasonable application.
The rules of the board and proceedings shall be liberally
construed in order to promote its purpose. When the residential building
official finds that the proposed design is a reasonable interpretation of the
provisions of this code, it shall be approved. Materials, equipment and devices
approved by the building officials pursuant to section 114 shall be constructed
and installed in accordance with such approval.
101.5
Jurisdiction without a certified residential building
department.
If no
municipal, township, or county building department is certified by the Board of
Building Standards for residential buildings in accordance with section
3781.10(E) of
the Revised Code has jurisdiction, the owner is not required to make submission
of construction documents, seek approvals, request inspections, or obtain
certificates of occupancy required in this
Chapter.
SECTION
102
102.1
General.
Where, in any specific
case, different sections of this code specify different materials, methods of
construction or other requirements, the most restrictive shall govern. Where
there is a conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable.
102.2
Other laws.
The provisions of this code shall not 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 shall constitute approval for their use anywhere
in Ohio.
102.3
Rules of the board.
As provided in division
(B) of section 3781.11 of the Revised Code, the
rules of the board of building standards shall supersede and govern any order,
standard, or rule of the divisions of state 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, shall
be construed to refer to such chapter, section or provision of this
code.
102.5
Referenced codes and standards.
The codes and standards
referenced in this code shall be considered part of the requirements of this
code to the prescribed extent of each such reference. When a reference is made
within the code 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 44.
102.6
Partial invalidity.
In the event any part or provision of this code is held to
be illegal or void, this shall not have the effect of making void or illegal
any of the other parts or provisions thereof, and it shall be presumed that
this code would have been adopted without such illegal or invalid parts or
provisions.
102.7
Existing structures.
The provisions of section
113 shall control the alteration, repair, addition, maintenance, and change of
occupancy of any existing structure.
102.8
Non-required work.
Any component, building element, equipment, system or
portion thereof not required by this code shall be permitted to be installed
provided that it is constructed or installed in accordance with this code to
the extent of the installation.
102.8.1
Fire protection systems.
Non-required fire protection systems shall be installed in
accordance with Chapter 29 to the extent of the intended
installation.
102.8.2
Elevators and lifts.
Non-required elevators and platform lifts shall be installed
in accordance with Section 321.
102.9
Temporary structures.
The residential building official is authorized to issue
approvals for temporary structures. Such approvals shall be in the form of a
"Certificate of Occupancy for a Temporary Building" in accordance with section
111.1.5. This section does not apply to time-limited occupancies in existing
structures. See section 111.1.4 for time-limited occupancies.
102.9.1
Conformance.
Temporary structures shall conform to the structural
strength, fire safety, means of egress, accessibility, light, ventilation and
sanitary requirements of this code as necessary to ensure the public health,
safety and general welfare.
102.9.2
Termination of approval.
The residential 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 use poses an immediate hazard to the public or occupants of the
structure.
102.10
Work exempt from approval.
Approval shall not be
required for the following work; however, this work shall 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 two hundred square feet (
18.58 m2) and playground
structures.
2.
Fences not over six 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.
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
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.
Painting, papering, tiling, carpeting,
cabinets, counter tops and similar finish work.
7.
Swings and
other playground equipment accessory to a one, two, or three-family
dwelling.
8.
Window awnings supported by an exterior wall
which do not project more than fifty-four inches (1372 mm) from the exterior
wall and do not require additional support.
9.
Decks not
exceeding 200 square feet ( 18.58 m2)in area, that
are not more than 30 inches (762mm) above grade at any point, are not attached
to a dwelling, and do not serve the exit door required by section
311.2.
10.
Above-ground storage tanks as defined in rule
4101:8-2-01 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.
1.
Listed
cord-and-plug connected temporary decorative lighting.
2.
Reinstallation of attachment plug receptacles but not the
outlets thereof.
3.
Replacement of branch circuit overcurrent
devices of the required capacity and type in the same
location.
4.
Electrical wiring, devices, appliances,
apparatus, or equipment operating at less than 25 volts and not capable of
supplying more than 50 watts of energy.
5.
Repairs
and Maintenance: Approval shall not be required for minor repair work,
including the replacement of lamps or the connection of approved portable
electrical equipment to approved permanently installed
receptacles.
6.
Process equipment and the associated wiring on
the load side of the power disconnect to the
equipment.
7.
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
44.
1.
Portable
heating, cooking, or clothes drying appliances;
2.
Replacement of any minor part that does not alter approval
of equipment or make such equipment unsafe.
3.
Portable
fuel cell appliances that are not connected to a fixed piping system and are
not interconnected to a power grid.
4.
Gas
distribution piping owned and maintained by public or municipal utilities and
located upstream of the point of delivery.
5.
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.
1.
Portable
heating appliances;
2.
Portable
ventilation equipment;
3.
Portable
cooling units;
4.
Steam, hot or chilled water piping within any
heating or cooling equipment regulated by this code.
5.
Replacement of any part that does not alter approval of equipment or make such
equipment unsafe.
6.
Portable evaporative
cooler.
7.
Self-contained refrigeration systems containing
ten pounds ( 4.54 kg) or less of refrigerant or that are actuated by motors of
one horsepower (746 W) or less.
8.
Portable
fuel cell appliances that are not connected to a fixed piping system and are
not interconnected to a power grid.
9.
Heating
and cooling distribution piping owned and maintained by public or municipal
utilities.
10.
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.
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 shall be considered as new work and an approval shall 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 or require 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 shall be submitted
within the next working business day to the building
official.
102.10.2
Minor repairs.
Minor repairs to
structures may be to residential structures made without application or notice
to the residential building official. Such repairs shall not 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 shall ordinary 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 residential building department that has been certified by the board of
building standards, pursuant to section 103.2, shall 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 residential
buildings or parts thereof as defined in the rules of the board in accordance
with the certification except as follows:
1.
Fire.
The fire chief of
municipal corporations or townships, having fire departments, shall enforce all
provisions of the rules of the board relating to fire
prevention.
2.
Health.
The department of health, the boards of health of city or
general health districts, or the residential departments of building inspection
of municipal corporations, townships, or counties shall 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, shall
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 shall 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 shall 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 shall keep a permanent record of the
installation and location of every drain and sewerage system of the
city.
4.
Enforcement.
This section does not exempt any officer or department from
the obligation of enforcing any provision of the rules of the
board.
5.
State Projects
. Certification does not confer any jurisdiction to a
certified building department to:
5.1
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.
5.2
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.
SECTION 103
SECTION
104
104.1
General.
Personnel of residential building departments that have been
certified by the board of building standards, pursuant to rule
4101:7-3-01
of the Administrative Code, shall be responsible for performing the duties
described in this section.
104.2
Residential building department personnel duties and
responsibilities.
Municipal, township, or county residential building
departments certified by the board shall have personnel qualified to perform
the enforcement duties and responsibilities described in this
section.
104.2.1
Residential building official.
The residential building
official is responsible for the enforcement of the rules of the board and of
Chapters 3781. and 3791. of the Revised Code relating to the construction,
arrangement, and the erection of residential buildings or parts thereof and may
perform duties outlined in this section and in sections 104.2.2.1 and 104.2.3.1
below. All residential building officials shall conduct themselves in a
professional, courteous, impartial, responsive, and cooperative manner.
Residential building officials shall be responsible to assure that a system is
in place to track and audit all projects, to assure that all residential
building department personnel perform their duties in accordance with this
section, and for the overall administration of a residential building
department as follows:
104.2.1.1
Applications and plan approvals
The residential building
official shall receive applications, examine or cause the submitted
construction documents to be examined, ascertain by such examinations whether
the construction indicated and described is in accordance with the requirements
of this code, and shall issue plan approvals for the construction, erection,
alteration, demolition, and moving of buildings and
structures.
104.2.1.2
Orders.
The residential building official shall issue all orders in
accordance with section 109 to ensure compliance with this
code.
104.2.1.3
Inspections.
If the plans for the
erection, construction, repair, alteration, relocating, or equipment of a
building are subject to inspection by the residential building official, under
section 108, the residential building official shall make such inspections as
the building official is authorized to make or shall cause to be made such
inspections, investigations, and determinations as are necessary to determine
whether or not the work which has been performed and the installations which
have been made are in conformity with the approved construction documents. The
residential building official shall identify any special conditions that would
affect the timing of inspections and schedule inspections times mutually agreed
upon by the building official and the owner.
104.2.1.4
Residential department records.
The residential building
official shall keep official records of applications received, certificate of
plan approvals issued, notices and orders issued, certificates of occupancy,
certificates of completion and other such records required by the rules of the
board of building standards. Such information shall be retained in the official
permanent record for each project. One set of approved residential construction
documents shall be retained by the residential building official for a period
of not less than one hundred eighty days from date of completion of the
permitted work, or as required by the residential department's document
retention regulations.
104.2.1.5
Department reports.
The residential building official shall be responsible for
the submission of reports and any requested special information to the board of
building standards as required in paragraph (F)(1)-(5) of rule
4101:7-2-01
of the Administrative Code.. Failure to submit these reports in a timely manner
as required by rule or by special request or inquiry of the board of building
standards may be grounds for board action as described in paragraph (G)(3)(a)
of rule
4101:7-2-01
of the Administrative Code.
104.2.2
Residential plans examiners.
A residential plans
examiner is responsible for the examination of construction documents in
accordance with section 107, within the limits of their certification, to
determine compliance with the rules of the board and may perform duties
outlined in this section and in section 104.2.3.1 below. All residential plan
examiners shall effectively communicate the results of their plan review to the
owner or the owner's representative and the residential building official. A
residential plans examiner shall conduct themselves in a professional,
courteous, impartial, responsive, and cooperative manner.
104.2.2.1
Residential plans examiner.
A residential plans
examiner is responsible for the examination of all types of residential
construction documents to determine compliance with the rules of the
board.
104.2.2.1.1
Residential plans examiner trainee.
A residential plans
examiner trainee is responsible for the examination of all types of residential
construction documents to determine compliance with the rules of the board
under the direct supervision of the trainee supervisor as required in paragraph
(F)(5)(b) of rule
4101:7-3-01
of the Administrative Code.
104.2.2.1.2
Electrical plans examiner.
An electrical plans
examiner is responsible for the examination of construction documents related
to electrical systems to determine compliance with the rules of the
board.
104.2.3
Residential inspectors.
A residential inspector is responsible for performing
inspections and determining that work, for which they are certified to make
inspections, is performed in compliance with the approved residential
construction documents. All residential inspectors shall inspect the work to
the extent of the approval given when residential construction documents were
approved by the residential building official and for which the inspection was
requested. All residential inspectors shall effectively communicate the results
of their inspections as required by section 108, and shall conduct themselves
in a professional, courteous, impartial, responsive, and cooperative
manner.
104.2.3.1
Residential building inspector.
A residential building
inspector is responsible to determine compliance with the approved residential
construction documents in accordance with section 108.
104.2.3.2
Residential plumbing inspector.
A residential plumbing
inspector is responsible to determine plumbing system compliance with approved
residential construction documents in accordance with section
108.
104.2.3.3
Electrical safety inspector.
An electrical safety
inspector is responsible to determine electrical systems compliance with
approved construction documents in accordance with section 108.
104.2.3.4
Elective inspectors.
Residential building departments may elect to employ
inspectors designated as responsible for making inspections to determine that
work is performed in compliance with approved construction documents certified
as follows:
104.2.3.4.1
Residential mechanical inspector.
A residential mechanical
inspector is responsible to determine compliance with the approved residential
construction documents for heating, ventilating and air conditioning (HVAC)
systems, and the associated refrigeration, fuel gas, and heating piping systems
in accordance with section 108.
104.2.4
Liability.
Liability of certified residential building department
personnel for any tortious act will be determined by Ohio courts to the
applicable provisions of Chapter 2744. of the Revised
Code.
104.3
Violation of duties.
Any person affected by the improper actions of any
residential building department, residential building official, residential
plans examiner, residential inspector, or fire protection system designer
certified by the board of building standards may file a written complaint with
the board. Complaints will be processed by the board in accordance with the
procedures outlined in the applicable certification rule found in division
4101:7 of the Administrative Code.
SECTION 105
105.1
Approvals required.
Any owner or authorized
agent who intends to construct, enlarge, alter, repair, move, or change the
occupancy of a residential building or structure, or portion thereof, or to
erect, install, enlarge, alter, repair, remove, convert or replace any
electrical, gas, mechanical, plumbing system, other residential building
service equipment, or piping system the installation of which is regulated by
this code, or to cause any such work to be done, shall first make application
to the residential building official of a certified residential building
department and obtain the required approval.
105.1.1
Nonconformance approval.
When residential construction documents are submitted which
do not conform with the requirements of the rules of the board, such documents
may be approved by the residential building official provided such
nonconformance is not considered to result in a serious hazard and the owner or
owner's representative subsequently submits revised residential construction
documents showing evidence of compliance with the applicable provisions of the
rules of the board. In the event such residential construction documents are
not received within thirty days, the residential building official shall issue
an adjudication order revoking the plan approval.
105.1.2
Conditional approval.
When residential construction documents are submitted which
cannot be approved under the other provisions of this rule, the residential
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
residential construction documents results from conflicting interpretations of
the code, or compliance requires only minor modifications to the building
design or construction. No conditional approval shall 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 to shall be in writing from the residential building
official which shall be an adjudication order denying the issuance of a license
and may be appealed in accordance with section
3781.19 of the Revised
Code.
105.1.3
Previous approvals.
This code shall not require changes in the residential
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 residential construction documents.
105.1.4
Phased approval.
The residential building official shall issue an approval
for the residential construction of foundations, floors, walls, roofs or any
other part of a building, structure, or building service equipment before the
residential 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 foundations,
floors, walls, roofs or other parts of a building or structure shall 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 shall 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.
105.2
Validity of approval.
The construction, erection, and alteration of a building,
and any addition thereto, and the equipment and maintenance thereof, shall
conform to required plans which have been approved by the residential 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 residential structure built in accordance with approved plans shall
be conclusively presumed to comply with Chapters 3781. and 3791. of the Revised
Code and the rules of the board.
105.3
Expiration.
The approval of plans or
drawings and specifications or data in accordance with this rule is invalid if
construction, erection, alteration, or other work upon the building has not
commenced within twelve months of the approval of the residential construction
documents.
105.4
Extension.
If, in the course of construction, work is delayed or
suspended for more than six months, the approval of residential construction
documents is invalid. Two extensions shall 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.
105.5
Certificate of plan approval.
After residential
construction documents have been approved in accordance with section 107, the
residential building official shall furnish the owner/applicant a certificate
of plan approval.
105.5.1
Content.
The form of the
certificate shall be as prescribed by the residential building official and
shall show 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 residential building official who
issued the certificate, and such other information as is necessary to
facilitate and ensure the proper enforcement of the rules of the
board.
105.5.2
Duplicate issued upon request.
Upon application by the
owner, the residential building official shall issue a duplicate certificate of
plan approval to replace a lost or destroyed original.
SECTION 106
106.1
Submittal documents.
Residential construction
documents and other data shall be submitted in two or more sets 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 shall submit construction documents to the
residential building official of a certified residential building department
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 residential building department, that determination of
compliance shall be deemed sufficient to obtain approval for construction
pursuant to section 105.2 and the residential building official shall issue the
certificate of plan approval. Construction documents for the installation of
industrialized units shall be submitted to the residential building official
for approval in accordance with the provisions of section
106.1.4.
106.1.1
Professionally prepared construction
documents
. Construction
documents which have been prepared by a 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 residential construction documents
with other requirements of this code.
106.1.2
Residential fire protection system construction
documents.
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 of this Code.
106.1.3
Information on construction documents.
Residential construction
documents shall be dimensioned and drawn upon suitable material. Electronic
media documents are permitted to be submitted when approved by the residential
building official. Construction documents shall 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, shall
include information necessary to determine compliance with this
code.
1.
Index.
An index of
drawings located on the first sheet;
2.
Site
plan.
A site plan showing a north
orientation arrow, the size and location of new residential 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 it shall be
drawn in accordance with an accurate boundary line survey. In the case of
demolition, the site plan shall 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 residential 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.
Residential buildings or structures located in flood hazard
areas.
Construction documents submitted
for residential buildings or structures located in communities with identified
flood hazard areas, pursuant to section 1612, shall 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
shall include building elevations using the same datum as the related flood
hazard map. The owner shall be responsible for the compliance with local flood
damage prevention regulations for additional critical elevation information for
the project site. The elevation certification and dry flood proofing
certification, when required for buildings or structures located in communities
with identified flood hazard areas, shall be submitted to the residential
building official.
2.2.
Site accessibility plan. For structures of four
or more dwellings, information in plan view and details shall be submitted
indicating compliance with the accessibility provisions of this code for the
exterior of the building in addition to any accessible features of the
interior. When applicable, the plans shall 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.
Complete
floor plans, including plans of full or partial basements and full or partial
attics. Floor plans must show all relevant information such as door swings,
stairs and ramps, windows, shafts, all portions of the means of egress, etc.,
and shall be sufficiently dimensioned to describe all relevant space sizes.
Wall materials shall be described by cross-hatching (with explanatory key), by
notation, or by other clearly understandable method. Spaces must be identified
by how each space is intended to be used.
4.
Exterior wall envelope.
The exterior envelope shall be described in sufficient
detail to determine compliance with this code and the referenced standards.
Details or elevations shall be provided which describe floor to floor
dimensions, 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 shall fully describe the exterior wall
system, which was tested, where applicable, as well as the test procedure
used.
5.
Sections.
Cross sections, wall sections, details including typical
connections as required to fully describe the residential building construction
showing wall, ceiling, floor and roof materials. Residential construction
documents shall describe the exterior wall envelope in sufficient detail to
determine compliance with this code.
6.
Structure.
Complete
structural description of the residential building including size and location
of all structural elements used in the design of the residential building and
other data as required to fully describe the structural
system.
7.
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.
8.
System descriptions.
Description of the mechanical, plumbing and electrical
systems, including: materials; location and type of fixtures and equipment;
materials, and sizes of all ductwork; location and type of heating,
ventilation, air conditioning and other mechanical equipment; and all lighting
and power equipment.
9.
Accessibility provisions.
When non-required accessibility components are intended to
be installed, indicate whether the project will comply with Type A, Type B,
Type C (Visitable), or Accessible units in ICC/ANSI A 117.1 listed in Chapter
44 as pursuant to Section 320.1.
10.
Additional information.
Additional graphic or text information as may be reasonably
required by the residential building official to allow the review of special or
extraordinary construction methods or equipment.
106.1.3.1
Fire protection system drawings.
Construction documents
for the fire protection system(s) shall be submitted to indicate conformance
with this code and shall be approved prior to the start of system
installation.
106.1.3.2
Manufacturer's installation instructions.
Manufacturer's
installation instructions, as required by this code, shall be available on the
job site at the time of inspection.
106.1.4
Industrialized units.
When construction includes the use of industrialized units
approved by the board, documentation shall be provided to the building official
describing how they are to be used. Before these items are installed or used,
the following shall be submitted:
1.
A copy of
the construction documents approved by the board; and
2.
Details
pertaining to on-site interconnection of modules or
assemblies.
106.1.4.1.
Definitions.
106.1.4.2
General terms.
Such terms as heart modules or cores, modules, modulars,
service cores, prefabs, sectional or sectionalized, panels or panelized
construction, and specific terms including "prefabricated-subassembly,
-building, -unit, -unit service equipment" shall be considered industrialized
units. They may be self-sufficient or interdependent as a unit or group of
units and used together or incorporated with standard construction methods to
form a completed structural entity.
106.2
Evidence of responsibility.
Required residential
construction documents, when submitted for review as required under section
107, shall bear the identification of the person primarily responsible for
their preparation.
106.3
Amended construction documents.
If substantive changes to
the residential building are contemplated after first document submission, or
during construction, those changes must be submitted to the residential
building official for review and approval prior to those changes being
executed. The residential 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 shall apply.
106.5
Alternative engineered design.
The design,
documentation, inspection, testing and approval of an alternative engineered
system shall comply with sections 106.5.1 to 106.5.3.
106.5.1
Design criteria.
An alternative engineered design shall conform to the intent
of the provisions of this code and shall provide an equivalent level of
quality, strength, effectiveness, fire resistance, durability and safety.
Materials, equipment or components shall be designed and installed in
accordance with the manufacturer's installation
instructions.
106.5.2
Submittal.
A registered design professional shall indicate on the
application that the system is an alternative engineered design. The approval
and permanent approval records shall indicate that an alternative engineered
design was part of the approved installation. Where special conditions exist,
the residential building official is authorized to require additional
construction documents to be prepared by a registered design
professional.
106.5.3
Technical data.
The registered design professional shall submit sufficient
technical data to substantiate the proposed alternative engineered design and
to prove that the performance meets 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 residential building or
addition to a residential building is constructed or erected, and before a
residential building is altered or relocated, or residential building equipment
is installed, or a resubmission of construction documents is required or
received, residential construction documents relating to the work and equipment
under consideration shall be prepared in conformity with section 106 and be
submitted to the residential building department for examination and
approval.
107.2
Application for plan approval.
To obtain a plan
approval, the owner or the owner's representative shall first file an
application in writing on a form furnished by the residential building
department for that purpose. Such application shall:
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.
Be
accompanied by residential construction documents and other information as
required in section 106.1.
4.
Be signed
by the owner, or the owner's authorized agent.
5.
Give such
other data and information as required by the residential building
official.
6.
Identify and clearly indicate whether the
project or portion of a project intends to utilize an industrialized
unit.
7.
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
construction documents under this section is a "license" and the failure to
approve such construction documents as submitted within thirty days after
filing or the disapproval of such construction documents 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. In
accordance with section 109, an adjudication order denying the issuance of a
license shall specify the reasons for such denial.
107.3
Order of plan review.
Residential construction
documents submitted for approval shall 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.
107.4
Review of plans.
When residential construction documents have been submitted
to the residential building department for review and approval, the building
official shall review as appropriate or shall cause the residential
construction documents to be examined for compliance with the rules of the
board by assigning the examination duty to an appropriately certified
individual. The residential building official or plans examiner shall first
determine whether the construction documents are adequate as required in
section 106. If adequate, the plans examiner(s) shall examine the construction
documents to determine compliance with the rules of the board.
107.4.1
Inadequate construction documents.
If residential
construction documents are determined to be incomplete or inadequate for
examination, the residential plans examiner shall report the findings to the
residential building official. The residential plans examiner shall 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 residential building official shall
proceed as required in section 107.6.
107.4.2
Resubmitted documents.
If residential construction documents are resubmitted in
response to an adjudication order, the review for compliance shall be limited
to determining that the item of non-compliance, and any work affected, has been
corrected and shall not be deemed to authorize another review of unmodified
construction documents previously determined to
comply.
107.4.3
Sealed construction
documents
. Residential construction
documents, if prepared by an Ohio registered design professional to conform 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.
107.5
Plan review, compliance with rules of the board.
If the residential
construction documents are determined to comply with the rules of the board,
the residential plans examiner shall communicate the findings and recommend the
conditions and type of approval to the residential building
official.
107.5.1
Residential building official approval.
The residential building
official shall evaluate the residential plans examiner's recommendations. When
the residential construction documents have been determined to conform to the
applicable provisions of the rules of the board, the residential 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 shall be posted in a
conspicuous location on the site. The owner and the contractor shall preserve
and keep the certificate posted until the final inspections have been
completed.
107.6
Plan review, items of noncompliance.
When the residential
construction documents are examined and items of noncompliance with the rules
of the board are found, the residential building official shall proceed 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 shall be communicated
to the owner or the owner's representative and the following options shall be
offered:
1.1
The owner will revise the construction documents and
resubmit to the department.
1.2
The items
of noncompliance will not be brought into compliance and will be referred to
the residential building official as indicated in item 4
below.
2.
The owner or the owner's representative shall
indicate which option (item 1 above) will be
exercised.
3.
Notations of the communication shall be made on
a plan review record. The notations shall include the residential 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 residential plans examiner shall report to the building official in
accordance with section 107.6.2.
107.6.2
Residential building official determination of
noncompliance.
The
residential building official shall evaluate the results of the plans
examination 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 residential building
official shall also determine whether any approvals are possible, and issue the
appropriate approval as described in section 105.
107.7
Approved residential construction document sets.
One set of approved
residential construction documents shall be kept by the residential building
official. The other set(s) shall be returned to the applicant, kept at the work
site, along with manufacturers' installation instructions and product
information, and shall be available for use by the residential
inspectors.
SECTION
108
108.1
General.
After residential
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 shall be subject to inspection. It shall be the duty of
the owner or the owner's duly authorized representative to notify the
residential building department when work is ready for inspection. Access to
and means for inspection of such work shall 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 residential building official shall provide to the owner, or the owner's
representative, a list of all required inspections for each project. The
required inspection list shall be created from the applicable inspections set
forth in sections 108.2.1 to 108.2.12. The residential building official, upon
notification from the owner or the owner's agent that the work is ready for
inspection, shall cause the inspections set forth in the required inspection
list to be made by an appropriately certified residential inspector in
accordance with the approved residential construction documents.
108.2.1
Lot line markers required.
Before any work is
started in the construction of a residential building or an addition to a
residential building to which the rules of the board are applicable under
section 101.2, all boundary lines shall 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 shall be made after excavations for footings are complete and any
required reinforcing steel is in place. For concrete foundations, any required
forms shall be in place prior to inspection. Materials for the foundation shall
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 shall 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 322 shall be submitted to the residential
building official.
108.2.5
Frame inspection.
Framing inspections shall 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
Lath or gypsum board inspection.
Lath and gypsum board
inspections shall 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.
108.2.7
Fire-resistant penetrations.
Protection of joints and
penetrations in fire-resistance-rated assemblies shall not be concealed from
view until inspected and approved.
108.2.8
Energy efficiency inspections.
Inspections shall be made
to determine compliance with Chapter 11 and shall 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.
108.2.9
Testing of residential building service
equipment.
Inspections
shall be made of all residential 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 shall 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
Other inspections.
In addition to the inspections specified above, the
residential building official is authorized to cause to be made or require
other inspections of any residential construction work to be made to ascertain
compliance with the provisions of this code.
108.2.11
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 shall communicate the
findings to the owner's on-site representative, shall make a note of the
satisfactory inspection on an on-site inspection record and in the inspector's
log, and communicate the findings to the residential building official. The
residential building official, after review of the findings, shall issue the
certificate of occupancy in accordance with section
111.
108.2.12
Industrialized unit inspections.
If the project will
include the use of industrialized units approved by the board, the residential
building official shall cause inspections to be made for on-site construction
to complete the installation of the industrialized unit in conformance with the
applicable provisions of the rules of the board. Such inspections shall
include:
1.
Connection to on-site construction, interconnection of
modules, connection to utilities. The inspections and conducting of required
tests shall not 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 shall be repaired
as required by the residential 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
construction documents approved by the board.
108.3
Inspection agencies.
The residential 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 residential building official, or the residential
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 residential 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 residential building official shall proceed as required in section
109 and shall also have recourse to the remedies provided by law to secure
entry.
108.5
Inspections, compliance with residential
construction documents.
When an individual certified to make inspections from the
residential department having jurisdiction finds that completed work is in
accordance with the approved residential construction documents, the certified
individual shall communicate the findings to the owner's on-site
representative, shall make a note of the satisfactory inspection on an on-site
inspection record and in the residential inspector's log, and communicate their
findings to the residential building official. The residential building
official, after review of the findings, shall issue the certificate of
occupancy in accordance with section 111.
108.6
Inspections, observation of violations, unsafe conditions,
or serious hazards.
When
an individual certified to make inspections from the residential department
having jurisdiction finds that any work in connection with the location,
erection, construction, repair, alteration, moving, or equipment of a
residential building is contrary to the approved residential construction
documents for the same, the residential building inspector shall proceed 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 construction documents and resubmit to the residential
department,
1.3
The items of noncompliance will not be brought
into compliance and will be referred to the residential building official as
indicated in item 4 below.
2.
The owner
or the owner's on-site representative shall indicate which option (item 1
above) will be exercised
3.
Notations
on the on-site inspection record and in the residential inspector's log shall
be made. The notations shall include the name of the certified individual
authorized to make the inspections, 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 residential construction documents, the individual certified to
make inspections shall submit a report to the residential 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 individual
certified to make inspections, 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 residential
construction documents, the certified individual shall communicate the finding
to the residential building official so that the residential building official
can make a determination of whether the code violation is of such significance
to warrant communicating the finding to the owner or the owner's representative
as a recommended change.
108.6.3
Observation of unsafe conditions or serious hazards.
If an individual
certified to make inspections, in the course of performing the assigned or
requested inspections, observes an unsafe condition or a serious hazard, the
certified individual shall communicate that condition to the owner or the
owner's on-site representative and shall report the findings immediately to the
residential building official so that the residential 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.
When an
individual certified to make inspections from the residential department having
jurisdiction finds that a residential industrialized unit has been constructed
contrary to the residential construction documents approved by the board, the
certified individual shall report the nonconformance to the residential
building official. The residential building official shall notify the board of
all violations of section 108.2.13. The board or its designee and the
residential building official shall determine the corrective action to be taken
before the residential building is approved to be
occupied.
108.7
Residential building official determination of
noncompliance.
The
residential building official shall evaluate any report of items of
noncompliance 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 residential building
official shall also determine whether any approvals are
possible.
108.8
Acceptance, performance, and operational
testing.
Acceptance,
performance, and operational testing shall be conducted as required in the
applicable code or referenced standard. Advanced notice of the test schedule
shall be given to the building official. The residential building official may
require that the tests be conducted in the presence of the building official or
certified residential inspector. Testing and inspection records shall be made
available to the residential building official or inspector, upon request, at
all times during the fabrication of the systems and the erection of the
building.
108.8.1
New, altered, extended or repaired
systems.
New systems and
parts of existing systems, which have been altered, extended, renovated or
repaired, shall be tested as prescribed herein to disclose leaks and
defects.
108.8.2
Apparatus, material and labor for tests.
Apparatus, material and
labor required for testing a system or part thereof shall be furnished by the
owner or the owner's representative. Required tests shall be conducted by and
at the expense of the owner or the owner's
representative.
108.8.3
Reinspection and testing.
Where any work or installation does not pass an initial test
or inspection, the inspector shall proceed as outlined in section
108.6.
SECTION 109
109.1
Adjudication orders required.
When the residential
building official denies any approval or takes action in response to findings
of non-compliance, such action shall be initiated by issuing an adjudication
order, prior to seeking any remedy, civil or criminal. Every adjudication order
shall:
1.
Clearly identify the section of law or rules
violated;
1.1
Clearly identify, in a contrasting and obviously marked
manner, all violations related to
accessibility.
2.
Specifically indicate which detail, installation, site
preparation, material, appliance, device, addition, alteration to structures,
residential 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. The order to stop work shall
be given to the owner of the property involved, to the owner's agent and the
person doing the work.
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 residential
building official;
6.
The order
shall be sent by certified mail, return receipt requested, to the owner and any
individual designated as a representative or agent by the owner in such
matters.
109.2
Response to orders.
The person receiving an order shall 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 residential building
official.
109.3
Prosecution and penalties.
When an owner fails to
comply with section 109.2, the owner may be prosecuted and is subject to a fine
of not more than five hundred dollars 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 residential building is
found to be a serious hazard, such hazard shall be eliminated or the
residential building shall be vacated, and where such residential building,
when vacated, remains a serious hazard, it shall be razed.
109.4.1
Orders, injunction proceedings.
Where the residential
building official finds that a residential building is a serious hazard and the
owner of such building fails, in the time specified in an order from the
residential building official, to eliminate such hazard, or to vacate or raze
the residential building, the residential building official shall proceed under
section 3781.15 of the Revised
Code.
109.4.2
Restoration.
Where the residential
structure or equipment is determined to be unsafe by the residential 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 shall comply with this
chapter.
SECTION 110
110.1
Hearing and right of appeal, local board
of building appeals.
In
order to hear and decide appeals of orders, decisions, or determinations made
by the residential building official relative to the application of this code,
there shall be a local appeals process established within the certified
jurisdiction. Adjudication hearings shall be in accordance with sections
119.09 to
119.13 of the Revised Code, as
required by section 3781.031 of the Revised
Code.
SECTION
111
111.1
Approval required to occupy.
No residential building
or structure, in whole or in part, shall be used or occupied until the
residential 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.
The certificate of
occupancy shall indicate the conditions under which the residential building
shall be used. The building owner shall only use the structure in compliance
with the certificate of occupancy and any stated conditions. The residential
structure and all approved building service equipment shall be maintained in
accordance with the approval.
111.1.1.1
New residential buildings
. A residential building or structure erected shall not be
used or occupied, in whole or in part, until the certificate of occupancy has
been issued by the residential building official. Occupancy of spaces within a
residential building which are unaffected by the work of work shall be allowed
to continue if the residential building official determines the existing spaces
can be occupied safely until the completion of the
work.
111.1.1.2
Residential building alterations or
additions.
A residential
building or structure enlarged, extended or altered, in whole or in part, shall
not be occupied or used until a certificate of occupancy has been issued.
Occupancy of spaces within a building which are unaffected by the work of
alteration shall be allowed to continue if the residential building official
determines the existing spaces can be occupied safely until the completion of
the alteration.
111.1.1.3
Partial occupancy.
Upon the request of the owner or owner's representative, a
residential building official shall issue a certificate of occupancy before the
completion of the entire work, provided that the residential building official
determines that the space can be safely occupied prior to full completion of
the residential building, structure, or portion without endangering life or
public welfare. The certificate shall 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 residential 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 residential 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 residential building official has approved
the use for an alternative purpose on a temporary
basis;
4.
The residential building official has issued a
certificate of occupancy indicating any special conditions under which the
building or part of the residential building can be used for the alternative
purpose within the time limit specified.
111.1.1.5
Temporary structures occupancy.
A residential 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 residential building
official to be in compliance with section 102.9 shall be issued a "Certificate
of Occupancy for Temporary Structures." The residential building official is
authorized to grant extensions for demonstrated cause.
111.1.2
Certificate of completion for alterations and repairs.
The certificate of
completion for alterations and repairs shall indicate the conditions under
which the building shall be used. The building owner shall only use the
structure in accordance with the certificate of completion and any stated
conditions. The structure and all approved building service equipment shall be
maintained in accordance with the approval.
111.2
Existing residential buildings.
Upon written request from
the owner of an existing residential building or structure, the residential
building official shall issue a certificate of occupancy, provided there are
not violations of law or orders of the residential building official pending,
and it is established after inspection and investigation that the alleged
occupancy of the residential building or structure has previously existed. This
code shall not require the removal, alteration or abandonment of, or prevent
the continuance of, the occupancy of a lawfully existing residential building
or structure, unless such use is deemed to endanger public safety and
welfare.
111.3
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 residential 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 name
and address of the owner.
3.
A
description of that portion of the structure for which the certificate is
issued.
4.
The signature of all residential building
officials having jurisdiction. When more than one residential building official
has jurisdiction for a building (when the certification of the residential
building department is limited for such systems as plumbing or piping systems)
each shall sign the certificate of occupancy with an indication of the scope of
their individual approvals.
5.
The
edition of the residential code under which the plan approval was
issued.
6.
When an automatic sprinkler system is provided,
the type and description of the system shall be
indicated.
7.
Any special stipulations and conditions of the
plan approval including any variances granted to the requirements of this
code.
111.4
Validity of a certificate of occupancy or certificate of
completion.
The
certificate represents an approval that is valid only when the residential
building or structure is used as approved and certifies conformance with
applicable provisions of the "Residential Code of Ohio for One-, Two-, and
Three-family Dwellings" 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 "RCO", and
applicable equipment and systems schedules.
111.5
Connection of service utilities.
No connections shall be
made from a utility, source of energy, fuel or power to any residential
building or system that is regulated by this code for which a plan approval and
inspections are required, until approved by the residential building
official.
111.6
Temporary connection.
The residential building
official shall approve the temporary connection of the residential building or
system to the utility source of energy, fuel or
power.
SECTION
112
112.1
Changes, board of building standards.
The board may adopt,
amend, or rescind the rules of the board on its own motion or in response to an
application for changes filed pursuant to this
section.
112.2
Changes, application to the board.
Any person may apply to
the board to adopt, amend, or rescind rules of the board. The application for
rule change shall be on forms and in format prescribed by the board. Twelve
printed copies of the application shall be filed with the secretary of the
board.
112.3
Changes, application to the residential
construction advisory committee
. In addition to section 112.2, any person may apply to the
residential construction advisory committee to recommend to the board that it
adopt, amend, or rescind provisions of the RCO. The application for rule change
shall be on forms and in format prescribed by the board and directed to the
chairperson of the residential construction advisory committee. Twelve printed
copies of the application shall be filed with the secretary of the
board.
112.4
Processing applications for changes.
When the secretary of the
board receives a conforming application for an adoption, amendment, or
annulment of a provision of the rules of the board, the secretary shall
promptly deliver or mail a copy of the application to each member of the board
or to each member of the residential construction advisory committee for a
recommendation to the board as appropriate.
SECTION
113
113.1
General.
Provisions within this
section shall control the alteration, repair, addition and change of occupancy
if existing residential buildings.
113.2
Maintenance.
Residential buildings, structures and the building equipment
shall be maintained in a safe and sanitary condition and in accordance with the
condition(s) established in current and any previous plan approvals and
certificates of occupancy. Devices or safeguards which are required by this
code shall be maintained in conformance with the code edition under which
installed. The owner or the owner's designated agent shall be responsible for
the maintenance.
113.3
Definitions.
The following terms are defined in Chapter 2:
113.4
Additions and alterations.
Additions or alterations
to residential buildings shall conform with the requirements of the code for
new construction and shall be approved by the residential building official.
Additions or alterations shall not be made to an existing residential building
or structure which will cause the existing residential building or structure to
be in violation of any provisions of this code. Portions of the structure not
altered and not affected by the alteration are not required to comply with the
code requirements for a new structure.
113.5
Replacement of systems, components and materials.
Replacements of an
existing system (egress, fire protection, mechanical, plumbing, etc.) and
materials or building components not otherwise provided for in this section,
shall conform to that required for new construction to the extent of the
alteration. The existing systems, materials, or components shall not be
required to comply with all of the requirements of this code for new
construction except to the extent that they are affected by the alteration.
Replacement of existing systems, materials, or components shall not cause them
to become unsafe, hazardous, overloaded, or become less effective than when
originally installed, constructed, and/or approved.
113.5.1
Door and window dimensions.
Minor reductions in the
clear opening dimensions of replacement doors and windows that result from the
use of different materials shall be allowed, whether or not they are permitted
by this code.
113.6
Repairs to systems, components and
materials
. Repair of
residential building components, systems and materials or building components
not otherwise provided for in this section, shall not be required to meet the
provisions for new construction, provided such work is done in accordance with
the conditions of the existing approval in the same manner and arrangement as
was in the existing system, is not less safe than when originally installed and
is approved.
113.7
Changes in occupancy.
A residential building,
accessory structure, or space within a residential building shall not change in
its use or purpose unless it is made to comply with the requirements of this
code for such use and approved by the residential building official. An
approval is not required when the code requirements are the same for both
uses.
113.7.1
Use of a residential building for other
purposes
. No change of
occupancy to uses within the scope of the OBC shall be made to any existing
residential building, space within, or accessory structure unless such building
is made to comply with the requirements of the OBC for such occupancy and
approved by the building official with OBC enforcement
authority.
113.7.2
Type A family day care
homes
. A residential
building that is intended to be used in whole or in part as a licensed type A
family day-care home shall be inspected in accordance with the type A family
day-care home checklist (available from the board of building standards). The
residential building official shall issue a report of the findings to the Ohio
department of jobs and family services.
113.7.3
Type B family day care
homes
. When a residential
building that is intended to be used in whole or in part as a type B family
day-care home and is required to be licensed, the residential building shall be
inspected in accordance with the type B family day-care home checklist
(available from the board of building standards). The residential building
official shall issue a report of the findings to the Ohio department of jobs
and family services.
113.8
Moved structures.
Residential structures moved shall be safe and sanitary and
any repair, alteration, or change in occupancy shall comply with the provisions
of this code for new structures. Field work, building location, foundations and
foundation connections, wind loads, seismic loads, snow loads, and flood loads,
shall comply with the requirements of this code.
113.9
Historic buildings.
The provisions of this code relating to the construction,
repair, alteration, addition, restoration and movement of residential
structures, and change of occupancy shall not be mandatory for historic
buildings where such residential buildings are judged by the residential
building official not to constitute a distinct life safety
hazard.
113.10
Used materials and equipment.
The use of used materials
which meet the requirements of this code for new materials is permitted. Used
equipment, appliances, and devices shall not be reused unless approved by the
residential building official.
113.11
Flood hazard areas.
Within flood hazard areas established, the residential
building shall be brought into conformance with section 322.
SECTION 114
114.1
General.
Any material, product,
assembly or method of construction used in a building or structure shall be
approved by the building official. The provisions of this section describe the
product approval process intended by the board of building standards in
accordance with Section
3781.10(C) of
the Revised Code.
114.2
Definitions.
The following words and terms shall, 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 require materials, products, assemblies and methods of
construction to conform to specific referenced standards, the building official
shall verify that the proposed material, product, assembly, and method of
construction has 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 http://www.com.ohio.gov/dico/bbs/.
114.3.1.2
Listing agencies.
When the rules of the Board require materials, products,
assemblies and methods of construction to be marked or listed and labeled in
accordance with a specific referenced standard, the building official shall
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
http://www.com.ohio.gov/dico/bbs/.
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 prohibit any material, product, assembly or
method of construction not specifically prescribed by this code, provided that
any such alternative shall have a valid research report or listing from an
evaluation service recognized by the board and published on a list titled
"Recognized Conformity Assessment Bodies" found on the board's website at
http://www.com.ohio.gov/dico/bbs/.
1.
Alternative materials, products, assemblies, or methods of
construction submitted pursuant to section 106.5.
2.
Industrialized units shall be approved and constructed in
accordance with section 113.1 of this chapter.
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 shall not 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 shall be recognized by the board in accordance with division 4101:7 of
the Administrative Code.
SECTION 115
115.1
Meetings.
1.
Meeting
schedule. No later than December thirty-first of each year, the board
shall establish a schedule of the dates, times, and locations of all regular
board meetings and meetings of board committees for the following calendar
year. Such schedule shall be posted on the board's website:
http://www.com.ohio.gov/dico/bbs/.
2.
Meeting location. All meetings of the board
shall be held in offices of the Ohio department of commerce, training room #1,
6606 Tussing Rd., Reynoldsburg, Ohio, 43068, unless otherwise
designated.
115.2
Notices.
Prior to all regular or special meetings of the board, the
executive secretary shall distribute the agenda, including meeting date, time,
and location, by electronic mail to any person who has requested such
information.
115.3
Rules.
All rules of the board shall be adopted in accordance with
Chapter 119. of the Revised Code.
115.4
Board committees and duties.
The board shall have
three standing committees.
1.
Code committee.
The code committee provides general oversight of the board's
rule promulgation and code development activities. The committee reviews
proposed rule changes and petitions for code changes and shall make
recommendations to the board for action.
2.
Education committee.
The education committee provides general oversight to the
board's continuing education program. The committee reviews continuing
education course applications submitted for approval pursuant to paragraph (G)
of rule
4101:7-3-01
of the Administrative Code and shall make recommendations to the board for
action on the applications.
3.
Certification committee.
The certification committee provides general oversight to
the board's personnel and building department certification program. The
committee reviews personnel and building department certification applications
submitted for approval pursuant to paragraph (G) of rule
4101:7-3-01
of the Administrative Code and shall make recommendations to the board for
action on the applications.
Replaces: 4101:8-1-01
Notes
Promulgated Under: 119.03
Statutory Authority: 3781.10(A)(1)
Rule Amplifies: 3781.01, 4740.14, 3791.04, 3781.11, 3781.10, 3781.06
Prior Effective Dates: 05/27/2006, 07/01/2007, 01/01/2008, 01/01/2009, 01/01/2013, 01/01/2015, 01/01/2016, 01/01/2018
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