Section 102 Applicability and Jurisdictional Authority
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.
The rules of the board of building standards adopted pursuant to Section 3781.10 of the Revised Code shall govern any rule or standard adopted by the board pursuant to Sections 4104.02 and 4105.011 of the Revised Code.
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.
Unless specified otherwise in this code, reference to the term "International Residential Code" shall be changed to "residential code;" reference to "International Fire Code" shall be changed to "fire prevention code;" and reference in design and construction provisions to "one-and two-family dwellings" shall be changed to "one-, two-, and three-family dwellings."
Because the "International Code Council" has placed design and construction information throughout its model code documents, including into the fire prevention code, any referenced code requirements relating to the design, construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of every building or structure within the scope of this code, shall be enforced by the residential building official.
Where differences occur between provisions of this code and referenced standards listed in Chapter 44, the provisions of this code shall apply.
The occupancy of any structure currently existing on the date of adoption of this code shall be permitted to continue without change provided there are no orders of the residential building official pending, no evidence of fraud, or no serious safety or sanitation hazard. When requested, such approvals shall be in the form of a "Certificate of Occupancy for an Existing Building" in accordance with Section 111.
Buildings constructed in accordance with plans which have been approved prior to the effective date of this code are existing buildings.
Approval shall not be required for the following:
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 (11.15 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.
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.
9. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling, and do not serve the exit door required by Section 311.4.
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.
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.
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 minor 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.
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 or rearrangement of valves, pipes or fixtures.
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.