Section 102 Applicability and Jurisdictional Authority

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.

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.

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 the fire marshal or industrial compliance in the department of commerce, and the department of health and of counties and townships, in all cases where such orders, standards or rules are in conflict with the rules of the board of building standards, except that rules adopted and orders issued by the fire marshal pursuant to Chapter 3743. of the Revised Code prevail in the event of a conflict.

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.

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.

When a reference is made within the building, mechanical, or plumbing codes to a federal statutory provision, an industry consensus standard, or any other technical publication, the specific date and title of the publication as well as the name and address of the promulgating agency are listed in Chapter 35 of the building code, Chapter 15 of the mechanical code, or Chapter 13 of the plumbing code.

The codes and standards referenced in the building, mechanical, and plumbing codes shall be considered part of the requirements of these codes as though the text were printed in this code, to the prescribed extent of each such reference. Where differences occur between provisions of these codes and the referenced standards, the provisions of these codes shall apply.

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.

The provisions of Chapter 34 shall control the alteration, repair, addition, maintenance, and change of occupancy of any existing structure.

The occupancy of any structure currently existing on the date of adoption of this code shall be permitted to continue without change provided there are no orders of the building official pending, no evidence of fraud, or no serious safety or sanitation hazard. When requested, such approvals shall be in the form of a "Certificate of Occupancy for an Existing Building" in accordance with Section 111.2.

Buildings constructed in accordance with plans which have been approved prior to the effective date of this code are existing buildings.

The 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 111.1.6. This section does not apply to time-limited occupancies in existing structures. See Section 111.1.5 for time-limited occupancies.

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. Temporary tents and membrane structures shall also comply with the applicable provisions in Section 3103.

The building official is authorized to terminate approval for a temporary structure and to order the temporary structure to be discontinued if conditions of the approval have been violated or the structure or occupancy poses an immediate hazard to the public or occupants of the structure.

Any component, building element, equipment, system or portion thereof not required by this code shall be permitted to be installed as a partial or complete system provided that it is constructed or installed in accordance with this code to the extent of the installation.

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.

Minor repairs to structures may be made without application or notice to the 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.

A municipal, township, or county 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 buildings or parts thereof as defined in the rules of the board in accordance with the certification except as follows:

1. Fire. The state fire marshal or fire chief of municipal corporations or townships, having fire departments, shall enforce all provisions of the rules of the board relating to fire prevention.
2. Health. The department of health, or the boards of health of city or general health districts, the division of industrial compliance of the department of commerce, or the departments of building inspection of municipal corporations, townships, or counties 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. Power generation. Structures directly related to the operation of a generating plant or major utility facilities regulated by the power siting board. As a condition of the power siting board's approval, the building department may be requested to review and inspect these structures for compliance with the rules of the board of building standards. However, the building department has no enforcement authority.
5. State projects. Certification does not confer any jurisdiction to a certified building department to regulate:
   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.
      Exception: Local school district building projects funded by the Ohio school facilities commission in accordance with Chapter 3318. of the Revised Code where the local certified building department is authorized by the board to regulate construction of school facilities.
   2. Park districts created pursuant to Chapter 1545. of the Revised Code.
   3. The construction of buildings or structures within the scope of the building code on the premises of, and directly related to the operation of, natural gas liquids fractionation or natural gas processing facilities.