Chapters 4101:1-1 to 4101:1-35 of the Administrative
Code shall be designated as the "Ohio Building
Code" for which the designation "OBC" may be substituted.
The "International Building Code® 2015, first printing,
Chapters 2 to 35," as published by the "International Code
Council®, Inc." is used as the basis of this document. References
in these chapters to "this code" or to the "building
code" in other sections of the Administrative Code shall
mean the "Ohio Building Code."
The provisions of the "Ohio Building Code", the "Ohio Mechanical Code", and the "Ohio Plumbing Code" shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. As provided in division (B) of Section 3791.04 of the Revised Code, no plans or specifications shall be approved or inspection approval given unless the building represented by those plans or specifications would, if constructed, repaired, erected, or equipped according to those plans or specifications, comply with Chapters 3781 and 3791. of the Revised Code and any rules adopted by the board. An owner may exceed the requirements of the "Ohio Building Code" in compliance with Section 102.9. This code applies to detached one-, two-, and three-family dwellings and structures accessory to those dwellings only to the extent indicated in Section 310 of this code.
Exceptions:
Detached one-, two-, or three- family dwellings, structures accessory to those dwellings, or those single family dwellings with five or fewer persons receiving care in a supervised environment but capable of self-preservation with or without limited verbal or physical assistance are within the scope of the "Residential Code of Ohio for One-, Two-, or Three-Family Dwellings".
Buildings owned by and used for a function of the United States government.
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).
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 or the division of industrial compliance and labor in accordance with the inspection checklist found on the board of building standard's website.
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.
Manufactured homes constructed under "24 CFR Part 3280," "Manufactured Home Construction and Safety Standards" and within the scope of the rules adopted by the Ohio Manufactured Home Commission, including additions, alterations and all utility connections from the utility service point to the manufactured home. This exception does not apply to changes of occupancy of manufactured homes, except that a manufactured home located within a manufactured home park and used by the park operator to promote the sale/rental of manufactured homes in that park remains exempt.
Sewerage systems, treatment works, and disposal systems (tanks, piping, and process equipment associated with these systems) regulated by the legislative authority of a municipal corporation or the governing board of a county or special district owning or operating a publicly owned treatment works or sewerage system as stated in division (A) of Section 6111.032 of the Revised Code, however, a building that houses such process equipment is within the scope of this code.
Building sewer piping.
Amusement rides and portable electric generators and wiring supplying carnival and amusement rides regulated by the Ohio Department of Agriculture pursuant to Sections 1711.50 to 1711.57 of the Revised Code.
Structures on the premises of and directly related to the operation of a generating plant defined as a major utility facility regulated by the power siting board, including the structures associated with generation, transmission, and distribution. As a condition of the power siting board's approval, the building department may be requested to review and inspect these structures for compliance with the rules of the board of building standards. However, the building department has no enforcement authority.
Structures associated with pipelines used for the transmission of natural gas and other hydrocarbons.
Public water systems (the tanks, foundations, piping, and process equipment associated with these systems) regulated by the Ohio Environmental Protection Agency in accordance with division (A) of Section 6109.07 of the Revised Code, however, a building that houses such process equipment is within the scope of this code.
Private water systems (the tanks, foundations, piping, and process equipment associated with these systems) regulated by the Ohio Department of Health in accordance with Section 3701.344 of the Revised Code, however, a building that houses such process equipment is within the scope of this code.
Fixed or floating docks (including the electrical wiring, lighting, and fire protection systems serving the docks) at marinas or boatyards, unless the docks directly serve as a means of egress from, or an accessible route to, a regulated building located at the marina or boatyard.
Portable mobile vehicles which have been issued a Vehicle Identification Number (VIN) by the United States department of transportation. The vehicles have wheels and license plates and are intended for transportation on the public streets and highways. Examples of the exempt vehicles include, but are not limited to, recreational vehicles, book mobiles, blood mobiles, mobile medical imaging units, mobile concession trailers, network television transmission and production trailers used at sporting events, mobile restroom facilities, mobile pet grooming units, etc.
Wind turbines, pumps, site lighting, and flagpoles not connected to building services equipment.
Unless otherwise required by this code, ground signs not over six feet in height above the adjacent grade.
Oil or gas beam pumping units and derricks.
Bungee jumping and zip line structures, and miniature golf courses.
Retaining walls, bridges, walkways or sitestairs unless associated with or necessary for the building or the building egress to comply with the rules of the board.
The content of the appendices to the
Administrative Code is not adopted material but is
approved by the board of building standards and provided
as a reference for code users.
The purpose of this code is to establish uniform
minimum requirements for the erection, construction, repair,
alteration, and maintenance of buildings, including construction of industrialized units. 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:
Performance. Establish such requirements, in terms of
performance objectives for the use intended.
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.
Standardization. To encourage, so far as may be practicable,
the standardization of construction practices,
methods, equipment, material and techniques, including
methods employed to produce industrialized units.
The rules of the board and proceedings shall be liberally
construed in order to promote its purpose. When the 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
official pursuant to Section 114 shall be constructed and
installed in accordance with such approval.
The other codes listed in Sections
101.4.1 to 101.4.7 and referenced elsewhere in this code
shall be considered part of the requirements of this code to
the prescribed extent of each such reference.
Chapters 4101:2-1 to 4101:2-15 of
the Administrative Code, designated as the "Ohio
Mechanical Code," shall apply to the installation, alterations,
repairs, and replacement of mechanical systems,
including equipment, appliances, fixtures, fittings and/or
appurtenances, including ventilating, heating, cooling,
air-conditioning and refrigeration systems, incinerators,
and other energy-related systems.
Chapters 4101:3-1 to 4101:3-15 of the
Administrative Code, designated as the "Ohio Plumbing
Code," shall apply to the installation, alterations, repairs
and replacement of plumbing systems, including equipment,
appliances, fixtures, fittings and appurtenances, and
where connected to a water or sewerage system and all
aspects of a medical gas system.
The provisions of the "Ohio Elevator
Code" (Chapters 4101:5-1 to 4101:5-3 of the Administrative
Code) shall apply to the design, construction, repair,
alteration and maintenance of elevators and other lifting
devices as listed and defined therein.
The provisions of the "Ohio Fire
Code" (Chapters 1301:7-1 to 1301:7-7 of the Administrative
Code) shall apply to the preventive measures which
provide for fire-safe conduct and operations in buildings
and includes the maintenance of fire-detection, fire alarm,
and fire extinguishing equipment and systems, exitfacilities,
opening protectives, safety devices, good housekeeping
practices and fire drills.
The provisions of the "Ohio Boiler and
Pressure Vessel Rules" (Chapters 4101:4-1 to 4101:4-10
of the Administrative Code) shall apply to the design, construction,
repair, alteration and maintenance of boilers
and unfired pressure vessels as listed and defined therein.
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.
There may be other requirements owners may be required
to meet as set forth by other licensing agencies such as the
Ohio State Fire Marshal, Ohio Department of Health, the
Ohio Department of Jobs and Family Services, Ohio Department
of Mental Health and Addiction Services, Ohio Department
of Developmental Disabilities, federal agencies, or
other licensing authorities. Owners and designers should
investigate these additional licensing agency requirements to
ensure they are incorporated into the building design before
submitting to the certified building department for plan
approval.
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 15 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 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.
Approval shall not be
required for the following work; however, this work shall comply with all applicable provisions of
the rules of the board:
Building:
One-story detached accessory structures used as
tool and storage sheds, playhouses and similar uses,
provided the floor area does not exceed one hundred
twenty square feet (11.15 m2) and playground structures.
Fences not over six feet (1829 mm) high.
Retaining walls which are not over four feet (1219
mm) in height measured from the bottom of the footing
to the top of the wall, unless supporting a surcharge
or impounding Class I, II or III-A liquids.
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.
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.
Finishes not regulated by this code, decorating, or
other work defined as maintenance or minor repair.
Temporary motion picture, television and theater
stage sets and scenery.
Tents and membrane structures exempted in Section
3103.1.3.
Above-ground storage tanks as defined in rule
4101:1-2-01 of the Administrative Code and the
associated tank foundations.
Battery-operated smoke or carbon monoxide alarms
installed in existing buildings where no construction
is taking place.
Electrical:
Minor repair work, including the replacement of
lamps or the connection of approved portable electrical
equipment to approved permanently installed
receptacles.
Electrical equipment used for radio and television
transmissions except equipment and wiring for
power supply, and the installations of towers and
antennas.
The installation of any temporary system required
for the testing or servicing of electrical equipment
or apparatus.
Electrical wiring, devices, appliances, apparatus or
equipment operating at less than twenty-five volts
and not capable of supplying more than fifty watts of
energy, unless specifically addressed in this code.
Process equipment and the associated wiring on the
load side of the power disconnect to the equipment.
Electrical wiring equipment not connected to building
services equipment in and adjacent to natural or artificially made bodies of water as defined in Article
682 of NFPA 70 as referenced in Chapter 35.
Gas:
Portable heating appliances;
Replacement of any part that does not alter
approval of equipment or make such equipment
unsafe.
Gas distribution piping owned and maintained by
public or municipal utilities and located upstream of
the point of delivery.
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.
Replacement of any part which does not alter its
approval or make it unsafe;
Portable evaporative cooler;
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.
Heating and cooling distribution piping installed
and maintained by public or municipal utilities.
Plumbing:
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.
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.
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.
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 minor repairs include addition to,
alteration of, replacement or relocation of any standpipe,
water supply, sewer, drainage, drain leader, gas, soil,
waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
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:
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.
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.
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.
Power generation. Structures on the premises of and
directly related to the operation of a generating plant
defined as a major utility facility regulated by the power siting board, including the structures associated
with generation, transmission, and distribution. As a
condition of the power siting board's approval, the
building department may be requested to review and
inspect these structures for compliance with the rules of
the board of building standards. However, the building
department has no enforcement authority.
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: On other than land owned by
the State of Ohio, local school district
building projects funded by the Ohio school
facilities commission in accordance with
Chapter 3318. of the Revised Code when
the local certified building department is
authorized by the board to regulate construction
of school facilities.
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.
The construction of buildings or structures
within the scope of the building code on the
premises of, and directly related to the operation
of, natural gas liquids fractionation, natural
gas cracking, or natural gas processing
facilities.
Note: The lands owned by Miami university in the city of
Oxford and Oxford township in Butler County and leased to
private individuals or corporations under the land rent provisions
of the Act of February 17, 1809, as set forth at 7 Ohio
laws 184, are subject to local certified building departmentjurisdiction and are exempt from these provisions.
Refer to division 4101:7 of the Administrative Code for existing
relocated building department, building department personnel,
and boards of building appeals certification
requirements.
Local boards of building appeals and personnel
of building departments that have been certified by the
board of building standards, pursuant to division 4101:7 of
the Administrative Code, shall be responsible for performing
the duties described in this section.
Municipal, township, or county building departments
certified by the board shall have personnel qualified to perform
the enforcement duties and responsibilities described in
this section.
The 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 buildings
or parts thereof. All building officials shall conduct
themselves in a professional, courteous, impartial, responsive,
and cooperative manner. The building official shall
render interpretations of this code and to adopt policies
and procedures in order to clarify the application of its
provisions. Such interpretations, policies, and procedures
shall be in compliance with the intent and purpose of this
code. Building officials shall be responsible to assure that
a system is in place to track and audit all projects, to
assure that all building department personnel perform
their duties in accordance with this section, and for the
overall administration of a building department as follows:
The building
official shall receive applications, require 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. The
building official shall require a master plans examiner
or elective plans examiners to examine the construction
documents to verify the construction indicated is in
accordance with the requirements of this code and
shall assure coordination of plan review.
When the building department does not have in
its full-time employ a certified master plans examiner,
the certified building official shall examine
construction documents to determine compliance
with the rules of the board if the registered design
professional elects to submit construction documents
that contain a written certification by the registered
design professional indicating conformance
with the requirements of the rules of the board and
Chapters 3781. and 3791. of the Revised Code.
If the plans for the erection, construction,
repair, alteration, relocating, or equipment
of a building are subject to inspection by the building
official, under Section 108, the building official 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 approvedconstruction documents. The 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.
The building official
shall keep official records of applications received, certificates
of plan approval 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 approvedconstruction documents
shall be retained by the 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
document retention regulations.
The 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) of rule
4101:7-2-01 of the Administrative Code. Failure to
submit these reports 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
(F)(7) of rule 4101:7-3-01 of the Administrative
Code.
A 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.
All plan examiners shall effectively communicate the
results of their plan review as designated by the building
official. All plans examiners shall conduct themselves in a
professional, courteous, impartial, responsive, and cooperative
manner.
A master plans
examiner is responsible for the examination of all types
of construction documents to determine compliance
with the rules of the board, except when the building
official examines the construction documents pursuant
to Section 104.2.1.1.1. If elective plans examiners are
utilized by the building department, the master plans
examiner shall ensure coordination of plan reviews.
A master
plans examiner trainee is responsible for the
examination of all types of 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.
Building departments
may employ or have under contract elective
plans examiners. The elective plans examiner(s) may be
designated by the building official as responsible for
examination of construction documents for which they
are certified to determine compliance with the rules of
the board. If the department does not have in its employ
or under contract persons holding any of the elective
plans examiners certifications, then the examination of
the construction documents for compliance with the
specific provisions of the code shall be done by the
master plans examiner.
A building
plans examiner is responsible for the examination of
construction documents related to all general building
construction and associated structural work to
determine compliance with the rules of the board.
A building plans examiner trainee is responsible
for the examination of construction documents
related to all general building construction and
associated structural work 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.
A mechanical
plans examiner is responsible for the examination
of construction documents related to heating,
ventilating, and air conditioning ("HVAC") systems
and the associated refrigeration, fuel gas, and heating
piping to determine compliance with the rules of
the board.
A mechanical plans examiner trainee is
responsible for the examination of construction
documents related to heating, ventilating, and air
conditioning ("HVAC") systems and the associated
refrigeration, fuel gas, and heating piping 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.
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.
An electrical plans examiner trainee is responsible
for the examination of construction documents
related to electrical systems 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.
A plumbing
plans examiner is responsible for the examination of
construction documents related to plumbing systems
to determine compliance with the rules of the board.
A plumbing plans examiner trainee is responsible
for the examination of construction documents
related to plumbing systems 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.
A fire protection plans examiner trainee
is responsible for the examination of construction
documents related to fire protection systems
(automatic sprinkler systems, alternative automatic
fire-extinguishing systems, standpipe systems,
fire alarm and detection systems, and fire
pumps) to determine compliance with the rules of
the board under the trainee supervisor as
required in paragraph (F)(5)(b) of rule 4101:7-3-01 of the Administrative Code.
An inspector is responsible for performing
inspections and determining that work, for which
they are certified to make inspections, is performed in
compliance with the approvedconstruction documents. All
inspectors shall inspect the work to the extent of the
approval given when construction documents were
approved by the building official and for which the inspection
was requested. All 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.
A building inspector trainee is designated to determine
compliance with approvedconstruction documents,
in accordance with Section 108, under the direct
supervision of an individual holding a building inspector
certification.
A plumbing inspector trainee is designated to determine
plumbing system compliance with approvedconstruction documents, in accordance with Section 108,
under the direct supervision of an individual holding a
plumbing inspector certification.
An electrical safety inspector trainee is designated
to determine electrical systems compliance with
approvedconstruction documents, in accordance with
Section 108, under the direct supervision of an individual
holding an electrical safety inspector certification.
Building departments
may elect to employ inspectors designated as responsible
for determining that work, for which they are certified
to make inspections, is performed in compliance
with approvedconstruction documents.
A mechanical
inspector is responsible to determine compliance
with the approvedconstruction documents for heating,
ventilating and air conditioning (HVAC) systems,
and the associated refrigeration, fuel gas, and
heating piping systems in accordance with Section
108.
If the department does not have in its employ or
under contract persons holding the mechanical
inspector certification, then the inspection of the
mechanical systems shall be performed by persons
holding the building inspector certification.
A mechanical inspector trainee is designated to
determine compliance with the approved 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, under the direct
supervision of an individual holding a mechanical
inspector certification.
If the department does not have in its employ or
under contract persons holding the fire protection
inspector certification, then the inspections of the
fire protection systems shall be performed by persons
holding the building inspector certification.
A medical
gas piping inspector is responsible to determine
compliance with approvedconstruction documents
for non-flammable medical gas, medical oxygen,
and medical vacuum systems in accordance with
Section 108.
If the department does not have in its employ or
under contract persons holding a medical gas piping
inspector certification, then all enforcement of
medical gas piping systems shall be deferred to
either of the following: the local health district when
that district requests to enforce those piping systems
and the district has employed or hired under contract
a person holding the medical gas piping
inspector certification; or the superintendent of the
division of industrial compliance in the department
of commerce.
Liability of certified building department
personnel for any tortious act will be determined by
Ohio courts to the applicable provisions of Chapter 2744.
of the Revised Code.
Before performing its duties, a jurisdiction
wishing to establish a local board of building appeals shall
receive certification by the board of building standards as
required in Section 3781.10 of the Revised Code and rule
4101:7-4-01 of the Administrative Code.
Certified
municipal and county boards of building appeals
shall hear and decide the adjudication hearings referred
to in Section 109.1 within the jurisdiction of and arising
from orders of the local building official in the enforcement
of Chapters 3781. and 3791. of the Revised Code and
rules adopted thereunder. The orders may be reversed or
modified by the board if it finds:
The order contrary to such laws or rules;
The order contrary to a fair interpretation or application
thereof; or
That a variance from the provisions of such laws or
rules, in a specific case, will not be contrary to the
public interest where literal enforcement of such
provisions will result in unnecessary hardship.
The Ohio board
of building appeals shall conduct the adjudication hearings
in political subdivisions without certified boards or
without contracts with certified boards.
A certified board of building appeals
may not prohibit the use of materials or assemblages
authorized for statewide use by the board of building standards
pursuant to Section 3781.12 of the Revised Code.
Any person affected by alleged
improper actions of any building department, building official,
plans examiner, inspector, fire protection system
designer, or local board of building appeals 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.
Any owner or owner's representative
who intends to construct, enlarge, alter, repair, move, or
change the occupancy of a building or structure, or portion thereof, or to erect, install, enlarge, alter, repair, remove,
convert or replace any electrical, gas, mechanical, plumbing
system, other building service equipment, or piping system
the installation of which is regulated by this code, or to cause
any such work to be done, shall first make application to the
building official and obtain the required approval.
When construction
documents are submitted which do not conform with the
requirements of the rules of the board, such documents
may be approved by the building official provided such
nonconformance is not considered to result in a serious
hazard and the owner or owner's representative subsequently
submits revised construction documents showing
evidence of compliance with the applicable provisions of
the rules of the board. In the event such construction documents
are not received within thirty days, the building official
shall issue an adjudication order revoking the plan
approval.
When construction documents
are submitted which cannot be approved under the
other provisions of this rule, the building official, may at
the request of the owner or owner's representative, issue a
conditional plan approval when an objection to any portion
of the construction documents results from conflicting
interpretations of the code, or compliance requires only
minor modifications to the building design or construction.
No conditional approval 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 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. In the absence
of fraud or a serious safety or sanitation hazard, all items
previously examined shall be conclusively presumed to
comply with Chapters 3781. and 3791. of the Revised
Code and the rules of the board. Reexamination of the
construction documents shall be limited to those items in
the adjudication order. A conditional plan approval is not
a phased plan approval.
This code shall not require
changes in the construction documents, construction or
designated occupancy of a structure for which a lawful
approval has previously been issued or otherwise lawfully
authorized, and the construction of which has been pursued
in good faith within one year of the approval of construction
documents. One extension shall be granted for
an additional year if requested by the owner at least ten
days in advance of the expiration of the approval and
upon payment of any fee not to exceed one hundred dollars.
If, after the start of construction, work is delayed or
suspended for more than six months, the approval is
invalid. Two extensions shall be granted for six months if
requested by the owner at least ten days in advance of the expiration of the approval and upon payment of any fee
for each extension not to exceed one hundred dollars.
The building official shall issue
an approval for the construction of foundations or any
other part of a building, structure, or building service
equipment before the construction documents for the
whole building, structure or building service equipment
have been submitted, provided that adequate information
and detailed statements have been filed complying with
applicable requirements of this code. The holder of such
approval for the foundation or other parts of a building or
structure 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.
In lieu of an individual
approval for each alteration to an existing electrical, gas,
mechanical, plumbing, or piping installation, the building
official may issue an annual approval upon application to
any person, firm or corporation regularly employing individuals
holding the related board certification in the
building, structure or on the premises owned or operated
by the applicant for the approval.
The person to
whom an annual approval is issued shall keep a
detailed record of alterations made under such annual
approval. The building official shall have access to
such records at all times or such records shall be filed
with the building official as designated. These records
shall include the applicable construction documents in
accordance with Section 106.1.
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 building
official, except for minor deviations which do not involve a
violation of the rules of the board. In the absence of fraud or
a serious safety or sanitation hazard, any structure built in
accordance with approved plans shall be conclusively presumed
to comply with Chapters 3781. and 3791. of the
Revised Code and the rules of the board.
The approval of plans or drawings and
specifications or data by the building official is invalid if construction,
erection, alteration, or other work upon the building
has not commenced within twelve months of the approval
of the plans or drawings and specifications.
One extension shall be granted for an additional twelve-month
period if requested by the owner at least ten days in
advance of the expiration of the approval and upon payment
of a fee not to exceed one hundred dollars.
If, in the course of construction, work is
delayed or suspended for more than six months, the approval
of plans or drawings and specifications or data is invalid.
Two extensions 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.
The form of the certificate shall be as
prescribed by the 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 building official who issued the certificate, the date
of issuance and such other information as is necessary to
facilitate and ensure the proper enforcement of the rules
of the board.
Construction
documents shall be dimensioned and drawn upon
suitable material. Electronic media documents are permitted
to be submitted when approved by the 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 the building,
mechanical, plumbing, fire, electrical, energy, and
fuel gas codes such as:
Index. An index of drawings located on the first
sheet which shall also include all occupancy classification(s), type(s) of construction, the area in gross
square feet for each level, the maximum design
occupant load, the structural design loads, and the
seismic design category and site class;
Site plan. A site plan showing a north orientation
arrow, the size and location of new construction and
all existing structures on the site, all property and
interior lot line locations with setback and side yarddimensions 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
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.
Buildings or structures located in flood
hazard areas. Construction documents submitted
for buildings or structures located in
communities with identified flood hazard
areas, pursuant to Section 1612, 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.
Site accessibility plan. 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 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.
Floor plans. Building configuration layout drawings
with all walls and partitions shown including:
plans of full or partial basements and full or partial
attics and penthouses, grade elevations at the building
perimeter, and references to other details and
elevations. Floor plans must show all relevant information
such as door swings, stairs and ramps, windows,
shafts, all portions of the means of egress,
plumbing fixtures, built-in fixtures, special equipment,
vertical transportation, etc., and shall be sufficiently
dimensioned to describe all relevant space
sizes. Spaces shall be identified by appropriate code
appellations (an "auditorium" may not be identified
as a "meeting room" if its attributes indicate that it
is an auditorium). The construction documents shall
designate the number of occupants to be accommodated
on every floor, and in all rooms and spaces;
Demolition. In the case of demolition, the floor plan
shall identify construction to be demolished and the
location, arrangement, and dimensions of existing
construction that is to remain.
Roof plan. Roof outline, overall dimensions and
dimensions of setbacks, slope of roof, drainage, reference
to other details, roof materials, penetrations
through roof, and roof-mounted equipment;
Exterior elevations. Vertical dimensions, floor-to-floor
heights, opening heights, references to other
details, floor lines, elevations of major elements,
grade lines, foundation lines, material indications
and notes, symbols for window schedule, gutters,
signs and windows, doors, and all other openings.
Building sections. Vertical dimensions, elevations
of the top of structural components and finish floor
lines, materials, footings and foundations, reference
to other details, ceiling lines, and major mechanical
services.
Exterior building envelope. The exterior envelope
shall be described in sufficient detail to determine
compliance with this code and the referenced standards.
Details shall be provided which describe
flashing, intersections with dissimilar materials,
corners, end details, control joints, intersections at
roof, eaves, or parapets, means of drainage, water-resistive
membrane details around openings, location
and type of vapor retarders, window and door
"U"-values, and insulation location and "R"-values.
The supporting documentation shall fully
describe the exterior wall system, which was tested,
where applicable, as well as the test procedure used.
Wall sections. Face of walldimensions to other
components, vertical dimensions from foundations
to parapet relating all elements to top of structural
elements, all connection methods, wall, ceiling,
floor, foundation, and roof materials and construction
details.
Interior elevations. Vertical dimensions to critical
elements, references to other details, openings in
walls, wall finishes, built-in items, and locations of switches, thermostats, and other wall-mounted
equipment.
Schedules. Information or tables that describe the
room finishes, doors, windows, and door hardware
and controls. Wall and floor materials shall be
described by cross-hatching (with explanatory key),
by notation, or by other clearly understandable
method.
Structure. Complete structural description of the
building including size and location of all structural
elements and a table of live, wind, snow, and seismic
loads used in the design of the building and other
data as required to fully describe the structural system.
Fire suppression system. Areas of protection, fire
suppression system occupancy hazard classification,
and water supply data.
Fire-resistance ratings. The fire-resistance ratings
of all structural elements as required by this code,
data substantiating all required fire-resistance ratings
including details showing how penetrations will
be made for electrical, mechanical, plumbing, and
communication conduits, pipes, and systems, and
the materials and methods for maintaining the
required structural integrity, fire-resistance rating,
and firestopping.
System descriptions. Complete description of the
plumbing, mechanical and electrical systems,
including: materials, insulation "R"-values, general
routing and sizes of all piping; location and type of
plumbing fixtures and equipment; plumbing schematics
and isometrics; materials, insulation "R"-values, general routing and sizes of all ductwork,
vents, and louvers; location and type of heating,
ventilation, air conditioning, and other mechanical
equipment; location and type of all fire alarm, lighting
and power equipment; type and size of all electrical
conductors.
Operations. Information shall be provided regarding
operations, the types, quantities, and arrangement
of flammable, combustible, or hazardous
materials proposed to be produced, used, dispensed,
or stored in the facility; material safety data sheets
for hazardous materials produced, used, or stored in
the facility, the commodity and arrangement of high
piled or rack storage, control areas, etc.
Additional information. Additional information
required by the building official to determine compliance
with this code.
Construction
documents shall be approved prior to the start of
system installation. Related product listing information
shall be provided and drawings shall contain all information
as required by the installation standards referenced
in Chapter 9. In the event that the product listing
information is not known at the time of plan examination,
conditional plan approval shall be granted subject
to subsequent submission of the listing information prior to installation of any part of the fire protection
systems.
Where application is
made for construction as described in this Section, the
owner or the registered design professional in responsible
charge acting as the owner's representative shall
identify those special inspections needed during construction
on the types of work listed under Section
1704.
When construction includes the use of industrialized
units or alternative materials, designs and methods
of construction or equipment approved by the board,
documentation shall be provided to the building official
describing how they are to be used. Before these
items are installed or used, the following shall be
submitted:
Construction documents submitted that include construction
of public swimming pools shall include
documentation indicating approval of the pool construction
documents by the Ohio department of
health in accordance with Section 3109.1.1 of the
"OBC".
Construction documents submitted that include
alterations or construction of, or additions to buildings
where sales, display, storage or manufacture of
consumer fireworks, 1.4g or display fireworks, 1.3g
shall include documentation indicating that the
applicant has received preliminary approval for
construction issued by the state fire marshal pursuant
to Sections 3743.04 and 3743.17 of the Revised
Code.
The elevation certification provided by a registered
surveyor and dry floodproofing certification, when
required in Section 1612.5 for buildings or structures
located in communities with identified flood
hazard areas, shall be submitted to the building official.
When a certified building department receives an
application for plan approval in a jurisdiction in
which the local fire official has requested an opportunity
to provide input to the certified building department on issues related to fire protection systems
by submitting a completed "Request for Participation"
form prescribed by the board and provided
by the building official to the local fire official annually,
the building official shall require that the applicant
provide a set of relevant construction
documents for the local fire official. The building
official shall evaluate the local fire official's comments
related to fire protection system provisions of
this code that are received within the timeframe
established by the building official and Section
3791.04 of the Revised Code prior to issuing the certificate
of plan approval required in Section 105.5.
In the absence of timely input from the fire official
during the plan review process, the building official
shall proceed as outlined in Section 107.5.1
Construction documents submitted that include
alterations or construction of, or additions to jails,
workhouses, or municipal lockups shall include documentation
indicating that the applicant has
received preliminary approval for construction
issued by the Ohio department of rehabilitation and
corrections.
When, as a part of work subject to this code, construction
includes or relates to the storage or use of
hazardous, flammable or combustible liquids or
gases connected to and utilized for the operation of
building service equipment, such construction shall
be in accordance with the provisions of this code.
Notification of such storage or use shall be provided
to the fire official for emergency planning purposes.
When construction includes or relates to the storage
or use of hazardous, flammable or combustible liquids
or gases not associated with the operation of
building service equipment, the owner shall notify
the building official in accordance with Sections
106.1.1 (item #16) and 414.1.3 to ensure that the
building has been adequately protected to address
the hazard. However, approval of the storage and
use shall be obtained from the fire official in accordance
with the fire code.
Required construction documents,
when submitted for review as required under Section
107, shall bear the identification of the person primarily
responsible for their preparation.
Installation of replacement devices, equipment or
systems that are equivalent in type and design to
the replaced devices, equipment or systems; and
Alterations, construction or repairs to any buildings
or structures subject to Sections 3781.06 to
3781.18 and 3791.04 of the Revised Code where
the building official determines that the proposed
work does not involve the technical design analysis
of work affecting public health or general
safety in the following areas: means of egress,
structural, mechanical, electrical, plumbing, or
fire protection.
For the purpose of this exception, technical
design analysis is defined as the development
of integrated solutions using analytical
methods in accordance with established scientific
and engineering principles.
If substantive
changes to the building and/or systems are contemplated
after first document submission, or during construction, those
changes must be submitted to the building official for review
and approval prior to those changes being executed. The
building official may waive this requirement in the instance
of an emergency repair, or similar instance.
The design, documentation,
inspection, testing and approval of an alternative
engineered system shall comply with Sections 106.5.1 to
106.5.3 of this rule.
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.
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.
Exception: Approval of alternative materials, products,
assemblies and methods of construction in accordance
with Section 114.3.2.
Where the rules of the board are
applicable under Section 101.2, before a building or addition
to a building is constructed or erected, and before a building
is altered or relocated, or building equipment is installed, or
there is a change of occupancy, or a resubmission of construction
documents is required or received, construction
documents relating to the work and equipment under consideration
shall be prepared in conformity with Section 106 and
be submitted to the building department for examination and
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
building department for that purpose. Such application shall:
Identify and describe the work to be covered for which
application is made for approval.
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.
Indicate the use and occupancy(ies) for which the proposed
work is intended.
The approval of
plans under this section is a "license" and the failure to
approve such plans as submitted within thirty days after
filing or the disapproval of such plans is an "adjudication
order denying the issuance of a license" requiring the
opportunity for an "adjudication hearing" as provided by
Sections 119.07 to 119.13 of the Revised Code and as
modified by Sections 3781.031 and 3781.19 of the Revised
Code. In accordance with Section 109, an adjudication
order denying the issuance of a license shall specify the
reasons for such denial.
If construction documents have been reviewed for compliance
with the rules of the board, an adjudication order
has been issued to the owner and the owner's representative,
and the owner has neither exercised the right to
appeal pursuant to Section 110 nor resubmitted corrected
documents, the application is invalid six months from the
date of the issuance of the adjudication order.
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.
When construction documents have
been submitted to the building department for review and
approval, the building official shall cause the construction
documents to be examined for compliance with the rules of
the board by assigning the examination duty to an appropriately
certified master plans examiner or certified elective
plans examiners. The plans examiner(s) shall first determine
whether the construction documents being reviewed are adequate
as required in Section 106. If so, the plans examiner(s)
shall examine the construction documents to determine compliance
with the rules of the board.
When utilizing elective plans examiners and when the
scope of the work requires more than one elective plans
examiner certification, the master plans examiner shall
assure coordination of plan review.
If construction
documents are determined to be incomplete or inadequate
for examination, the plans examiner shall report the
findings to the building official. The 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 building official shall
proceed as required in Section 107.6.
If 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.
Construction
documents which have been prepared by an Ohio registered
design professional who prepared the same as conforming
to the requirements of the rules of the board
pertaining to design loads, stresses, strength, and stability,
or other requirements involving technical analysis, need
be examined only to the extent necessary to determine conformity
of such construction documents with other
requirements of the rules of the board.
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.
If certified by a registered design professional or
individual certified under Section 3781.105 of the
Revised Code as conforming to requirements of the rules of the board pertaining to design loads,
stresses, strength, stability, or other requirements
involving technical analysis, be examined by the
building department official only to the extent necessary
to determine conformity of such construction
documents with other requirements adopted by the
board under Chapters 3781. and 3791. of the
Revised Code.
If the
construction documents are determined to comply with the
rules of the board, the plans examiner shall communicate the
findings and recommend the conditions and type of approval
to the building official.
The building official
shall evaluate the plans examiner's recommendations and
any communications received from the fire official as
described in Section 106.1.2. When the construction documents
have been determined to conform to the applicable
provisions of the rules of the board, the building official
shall endorse or stamp such plans as approved and issue
the certificate of plan approval in accordance with Section
105.5.
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.
When the construction
documents are examined and items of noncompliance
with the rules of the board are found by the plans
examiner, the building official shall proceed as required in
either Section 107.6.1 or Section 107.6.2.
Item(s) of non-compliance shall be communicated to
the owner or the owner's representative and offer
the following options:
The owner will revise the drawings and
resubmit to the department.
The items of noncompliance will not be
brought into compliance and will be referred
to the building official as indicated in item 4
below.
The owner or the owner's representative shall indicate
which option (item 1 above) will be exercised.
Notations of the communication shall be made on a
plan review record. The notations shall include the
plans examiner's name, the date of the communication
with the owner or the owner's representative,
the observed items of noncompliance, the code citation
related to the item(s) of noncompliance, the
action necessary to correct the item(s) of noncompliance,
the option chosen by the owner or the
owner's representative, the name of the person communicated
with, and the estimated dates of compliance
and resubmission, if applicable.
If the owner or the owner's representative indicates
that the work will not be brought into compliance with the rules of the board or requests an adjudication
order, the plans examiner shall report to the
building official in accordance with Section 107.6.2.
The building official shall evaluate the plans examiner's
report and any reports received from the fire
official as described in Section 106.1.2 and render a final
determination as to whether the items of non-compliance
are to be communicated to the owner in the form of an
adjudication order complying with Section 109. The building
official shall also determine whether any approvals
are possible, and issue the appropriate approval as
described in Section 105.
One set of
approvedconstruction documents shall be kept by the 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 inspector.
After construction documents have been
approved, construction or work may proceed in accordance
with the approved documents. Construction or work for
which an approval is required shall be subject to inspection.
It shall be the duty of the owner or the owner's representative
to notify the building department when work is
ready for inspection. Access to and means for inspection of
such work shall be provided for any inspections that are
required by this code.
It shall be the duty of the owner or the owner's representative
to cause the work to remain accessible and exposed for
inspection purposes. Such construction or work shall remain
accessible and exposed for inspection purposes until the work
has been inspected to verify compliance with the approvedconstruction documents, but failure of the inspectors to
inspect the work within four days, exclusive of Saturdays,
Sundays, and legal holidays, after the work is ready for
inspection, allows the work to proceed.
Subsequent work is allowed to proceed only to the point of
the next required inspection.
At the time that the certificate of
plan approval is issued, the 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 108.2.14. The building official, upon notification
from the owner or the owner's representative 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 inspector in accordance with the approvedconstruction documents.
Before any work is
started in the construction of a building or an addition to a
building to which the rules of the board are applicable
under Section 101.2, all boundary lines 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.
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 C94", the concrete
need not be on the job.
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.
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.
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 boardjoints
and fasteners are taped and finished.
Exception: Gypsum board that is not part of a fire-resistive
assembly or a shear assembly.
Inspections shall
be made to determine compliance with Chapter 13 of the
"OBC" 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.
Inspections
shall be made of all building services equipment to
ensure that it has been installed in accordance with the
approvedconstruction 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.
Inspection of work
related to elevators shall be coordinated with the division of industrial compliance and made in accordance
with rules adopted pursuant to Chapter 4105 of the
Revised Code and as required in Section 3006.1. A
completed inspection form prescribed by the board
shall be provided to the superintendent of the division
of industrial compliance upon completion of the inspections.
In addition to the inspections
specified above, the building official is authorized to cause
to be made or require other inspections of any construction
work to be made to ascertain compliance with the
provisions of this code.
Where applications are submitted for projects of
unusual magnitude of construction, the building official
may require inspections or full-time project representation
by a registered design professional or inspection agency.
This inspector/project representative shall keep daily
records and submit reports as required by the building
official.
Exception: Where the building official requires full-time
project inspection, the installation of a fire protection
system may be inspected by a person certified
under Section 3781.105 of the Revised Code. The person
shall be certified in the appropriate subfield of fire
protection systems being inspected — water-based fire
protection systems (formerly automatic sprinkler systems),
fire alarm, or special hazards systems design.
When all of the
required successive inspections have been satisfactorily
completed and the inspectors have verified compliance
with the approvedconstruction documents, the inspectors
shall communicate their findings to the building official.
The building official, after review of the findings, shall
issue the certificate of occupancy or the certificate of completion
as described in Section 111.
Approved industrialized
units and the on-site construction to complete the
installation of the industrialized units shall be inspected.
Such inspections shall include:
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.
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 building
official to comply with the applicable provisions of
the rules of the board;
Inspection of the unit to determine if it is marked by
an insignia furnished by the board; and
Inspect the unit to determine if the floor plan, exterior
elevations, and exposed details are in conformance
with the plans approved by the board.
The building official is authorized
to accept reports of approved inspection agencies, provided
such agencies are approved in accordance with the rules of
the board of building standards.
The building official, or the building
official's designee, is authorized to enter the structure or
premises at reasonable times to inspect or to perform the
duties imposed by this code, provided that credentials are
presented to the occupant and that entry is requested and
obtained. Where permission to enter has not been obtained, is
denied, or the building official has probable cause to believe
that there exists in a structure or upon a premises a condition
which is a serious hazard the building official shall proceed
as required in Section 109 and shall also have recourse to the
remedies provided by law to secure entry.
When an inspector from the department having jurisdiction
finds that completed work is in accordance with the
approvedconstruction documents, the inspector shall communicate
the findings to the owner or owner's representative,
shall make a note of the inspection on an on-site inspection
record and in the inspector's log, and communicate their
findings to the building official. The building official, after
review of the findings, shall issue the certificate of occupancy
or certificate of completion in accordance with Section 111.
When an inspector from the
department having jurisdiction finds that any work in connection
with the location, erection, construction, repair, alteration,
moving, or equipment of a building is contrary to the
approvedconstruction documents for the same, the building
inspector shall proceed as required in either Section 108.6.1
or 108.7.
Communicate the nature of the differences to the
owner or the owner's on-site representative and
offer the following options:
The owner will bring the item of noncompliance
into compliance,
The owner will revise the drawings and
resubmit to the department,
The items of noncompliance will not be
brought into compliance and will be referred
to the building official as indicated in item 4
below.
The owner or the owner's on-site representative
shall indicate which option (item 1 above) will be
exercised.
Notations on the on-site inspection record and in the
inspector's log shall be made. The notations shall
include the inspector's name, the date of the inspection,
the type of inspection, the observed items of
noncompliance, the option chosen by the owner or
the owner's on-site representative, the name of the
person communicated with, and the estimated dates
of compliance and follow-up inspections, if applicable.
If the owner or the owner's on-site representative
indicates that the work will not be brought into compliance
with the approvedconstruction documents,
the inspector shall submit a report to the building
official for the final determination of noncompliance
in accordance with Section 108.7.
If
an inspector, in the course of performing the assigned or
requested inspections, observes a code violation that was
either shown incorrectly or not adequately addressed or
detailed in the approvedconstruction documents, the
inspector shall communicate the finding to the building
official so that the 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 notice of recommended
change.
If an inspector, in the course of performing the
assigned or requested inspections, observes an unsafe
condition or a serious hazard, the inspector shall communicate
that condition to the owner or the owner's on-site
representative and shall report the findings immediately to
the building official so that the building official can make
a final determination of whether the violation constitutes a
serious hazard which requires the issuance of an adjudication
order as required in Section 109.
When an inspector from the department having
jurisdiction finds that an industrialized unit has been constructed
contrary to the plans approved by the board, the
inspector shall report the nonconformance to the building
official. The building official shall notify the board of all
violations of Section 108.2.13. The board or its designee
and the building official shall determine the corrective
action to be taken before the building is approved to be
occupied.
The building official shall evaluate the inspector's report and
render a final determination as to whether the items of non-compliance
are to be communicated to the owner in the form
of an adjudication order complying with Section 109 or
whether any additional approvals are necessary. The building
official shall make the determination within four days of
the inspector reporting as required in Sections 108.6.2 and
108.6.3, exclusive of Saturdays, Sundays, and legal holidays.
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 building official may require that
the tests be conducted in the presence of the building official
or certified inspector. Testing and inspection records shall be
made available to the building official or inspector, upon
request, at all times during the fabrication of the systems and
the erection of the building.
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.
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.
When the building official
denies any approval or takes action in response to findings
of non-compliance with the rules of the board, such
action shall be initiated by issuing an adjudication order,
prior to seeking any remedy, civil or criminal. Every adjudication
order shall:
Clearly identify the rules of the board violated;
Clearly identify, in a contrasting and obviously
marked manner, all violations related to accessibility.
Specifically indicate which detail, installation, site
preparation, material, appliance, device, addition,
alteration to structures, construction documents,
assemblages or procedures are necessary to change to
comply with the order;
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
representative and the person doing the work.
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;
Any hearing(s) scheduled for accessibility issues
shall cause the building official or the appeals
board to notify a local advocate organization for
people with disabilities of the scheduled hearing.
When a local advocate organization is not available,
a state organization representing people with
disabilities, such as the "Governor's Council on
People with Disabilities" shall be notified;
Specify a reasonable period of time in which to bring
the item(s) on the order into compliance;
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 building official.
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.
Structures or existing equipment
that are unsafe or unsanitary due to inadequate means of
egress facilities, inadequate light and ventilation, or which
constitute a fire hazard, or are otherwise dangerous to
human life, shall be deemed a serious hazard. Where a building
is found to be a serious hazard, such hazard shall be
eliminated or the building shall be vacated, and where such
building, when vacated, remains a serious hazard, it shall be
razed.
Where the building
official finds that a building is a serious hazard and
the owner of such building fails, in the time specified in an
order from the building official, to eliminate such hazard,
or to vacate or raze the building, the building official shall
proceed under Section 3781.15 of the Revised Code.
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, and the following:
Requests for hearing shall be within thirty days of the mailing date of an adjudication order. The local board shall schedule a hearing and notify the party. If the hearing concerns Section 3781.111 of the Revised Code or rules adopted thereunder, reasonable notice of time, date, place, and subject of the hearing shall be given to any local organization composed of or representing persons with disabilities, as defined in Section 3781.111 of the Revised Code, or if there is no local organization, then to any statewide organization composed of or representing persons with disabilities.
For purposes of conducting adjudication hearings, the local board may require attendance of witnesses, production of records and papers, and may take depositions of witnesses in accordance with Section 119.09 of the Revised Code.
Testimony shall be under oath and, as outlined in Section 109.1, a stenographic or mechanical record of testimony and other evidence submitted shall be taken at the expense of the local board of building appeals.
The local board may postpone or continue any adjudication hearing on its own motion or upon the application of any party.
The board shall keep a full and complete record of all proceedings which shall be open to public inspection.
The Board shall render its decision within thirty days after the hearing.
Following the hearing, an order shall be entered on its journal, and the local board shall serve by certified mail, return receipt requested, upon the party affected thereby, a certified copy of the order and a statement of the time and method by which an appeal may be perfected. A copy of the order shall be mailed to the attorney or other representatives of record representing the party.
Any municipal or county officer, official municipal or county board, or person who was a party to the hearing before the municipal or county board of building appeals, may apply to the state board of building appeals for a de novo hearing, or may appeal to the court of common pleas of the county in which he is a resident or in which the premises affected by such order is located.
In addition, when the adjudication hearing concerns Section 3781.111 of the Revised Code, or any rule made thereunder, any local organization composed of or representing persons with disabilities, or if no local organization exists, then any statewide organization representing persons with disabilities may file appeals as indicated in paragraph 4. of this section.
Application for a de novo hearing before the state board shall be made no later than thirty days after the municipal or county board renders its decision.
No building or structure,
in whole or in part, shall be used or occupied until the building
official has issued an approval in the form of a certificate
of occupancy or certificate of completion in compliance with
this Section.
The certificate of occupancy
shall indicate the conditions under which the building
shall be used. The building owner shall only use the
structure in compliance with the certificate of occupancy
and any stated conditions. The structure and all approvedbuilding service equipment shall be maintained in accordance
with the approval.
When a building or structure is entitled thereto, the
building official shall issue a certificate of occupancy provided
there are not violations of the rules of the board or
orders of the building official pending or as permitted in
this Section. A copy of the certificate of occupancy shall be
forwarded to the local fire official.
A building or
structure erected, enlarged or extended shall not be
used or occupied, in whole or in part, until the certificate
of occupancy has been issued by the building official.
Occupancy of spaces within a building which are
unaffected by the work shall be allowed to continue if
the building official determines the existing spaces can
be occupied safely.
Upon the request of the
owner or owner's representative, a building official
shall issue a certificate of occupancy before the completion
of the entire work, provided that the building
official determines that the space can be safely occupied
prior to full completion of the building, structure,
or portion without endangering life or public welfare.
The certificate shall indicate the extent of the areasapproved for occupancy and any time limits for completion
of the work.
A building or structure
hereafter changed in part from one occupancy to
another for a limited time may receive a certificate of
occupancy reflecting that time-limited occupancy provided:
There are no violations of law or orders of the
building official pending;
It is established after inspection and investigation
that the proposed use is not deemed to endanger
public safety and welfare;
The building official has issued a certificate of
occupancy indicating any special conditions
under which the building or part of the building
can be used for the alternative purpose within the
time limit specified.
A building
intended to be erected, placed and used for a period of
time not to exceed one hundred eighty days that has
been determined by the building official to be in compliance
with Section 102.8 shall be issued a "Certificate
of Occupancy for Temporary Structures." The
building official is authorized to grant extensions for
demonstrated cause.
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
approvedbuilding service equipment shall be maintained
in accordance with the approval.
When the work in a building or structure is entitled
thereto, the building official shall issue a certificate of
completion for the work provided there are not violations
of the rules of the board or orders of the building official
pending or as permitted in this section. Occupancy of
spaces within a building which are unaffected by the work
shall be allowed to continue if the building official determines
the existing spaces can be occupied safely.
The certificate shall certify compliance
with the provisions of this code, Chapters 3781. and
3791. of the Revised Code, and the purpose for which the
building or structure may be used in its several parts. The
certificate of occupancy or certificate of completion shall
contain the following:
The plan approval application number.
The address.
A description of that portion of the structure for which
the certificate is issued.
The signature of all building officials having jurisdiction.
When more than one building official has jurisdiction
for a building (when the certification of the
building department is limited for such systems as
plumbing or piping systems) each shall sign the certificate
with an indication of the scope of their individual
approvals.
The edition of the code under which the plan approval
was issued.
The certificate represents an approval that is
valid only when the building or structure is used as approved
and certifies conformance with applicable provisions of the
"Ohio Building Code" and Chapters 3781. and 3791. of the
Revised Code. The approval is conditioned upon the building
systems and equipment being maintained and tested in accordance
with the approval, the "Ohio Building Code", and
applicable equipment and systems schedules.
Upon written request from the
owner of an existing building or structure, the building official
shall issue a certificate of occupancy, provided there are
not violations of law or orders of the building official pending,
and it is established after inspection and investigation
that the alleged occupancy of the building or structure has
previously existed. This code shall not require the removal,
alteration or abandonment of, or prevent the continuance of,
the occupancy of a lawfully existing building or structure,
unless such use is deemed to endanger public safety and welfare.
No connections shall
be made from a utility, source of energy, fuel or power to any
building or system that is regulated by this code for which a
plan approval and inspections are required, until approved
by the building official.
In accordance with Section
3781.10 of the Revised Code, the board may, on its own
motion or upon receipt of a petition, adopt, amend, or rescind
rules through the administrative rule process.
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.
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.
After receiving an application for the adoption, amendment,
or annulment of a provision of the rules of the
board, the board shall proceed under Sections 3781.101
and 3781.12 of the Revised Code.
The
building department shall exercise enforcement authority to
accept and approve plans and specifications and make
inspections using the rules of the board that were in effect on
the date of the first application for plan approval for that
project. Such approvals shall be subject to the limitations of
Sections 105.3 and 105.4.
Alternative materials, design and methods of construction
and equipment approved by the board in
accordance with Section 114.3.
Construction for which the provisions of Section
1704 applies. Where panels or components are constructed
to include elements not provided for or
accounted for in Section 1704, then this section shall
apply. (For example, engineered gluelam beams,
precast concretepanels or welded steel components
that have been constructed offsite with electrical or
mechanical components in them so that a detailed
inspection of the mechanical or electrical components
cannot be done on the site of their intended
use would be required to comply with this section.)
Foam plastic insulation conforming to the provisions
of Section 2603. (However, a foam plastic
insulation panel that is constructed, listed and
labeled in accordance with Section 2603, is required
to comply with this section if structural, electrical or
other components not covered by Section 2603 are
enclosed within the panel.)
Materials, devices and products in directories listed
in Table 114.3 used for building service equipment
systems in accordance with the listing and this code.
Closed construction. An assembly of materials or products
manufactured in such a manner that its structural,
plumbing, electrical, environmental control, or fire protection
elements or components are concealed and are not
readily accessible for inspection at the site of its erection,
without disassembly, damage, or destruction. Closed construction
includes assemblies where only one of the components
is not accessible for inspection. (For example, an
equipment enclosure where all the electrical conductors
and components are exposed for inspection and its roof
and wallpanels have exposed structural members but the floor panel structural members are not exposed, would be
required to comply with this section.)
Industrialized units. Industrialized units are prefabricated
components comprised of closed construction manufactured
at a location remote from the site of intended use
and transported to a building site for its subsequent use.
Industrialized units are not restricted to housing for one-,
two-, and three-family dwellings, but includes all prefabricated
forms of building elements and assembled construction
units, intended for both structural and service
equipment purposes in all buildings of all groups. Prefabricated
shop assemblies may be shipped in structurally
complete units ready for installation in the building structure
or in knock-down and packaged form for assembly at
the site.
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.
The application for approval, including
revisions and renewals for existing approvals, shall be submitted
to the board together with the fee required in Section
113.8 of this chapter. The required information shall be provided
as prescribed by the board on its website. Construction
documents shall be included in conformity with the applicable
provisions of Section 106, and shall describe all essential
elements of the structure or assembly and details of interconnection
of: assemblies; service equipment; electrical wiring;
plumbing; mechanical; and any other equipment whether
installed at the site or in the manufacturing facility. The
design and construction of the units shall be in conformance
with the provisions of the Ohio building, mechanical and
plumbing codes based on the intended use and/or occupancy
type. Industrialized units intended to be used exclusively for
one-, two-, or three-family dwellings shall comply with the
applicable provisions of the "Residential Code of Ohio for
One-, Two-, and Three- Family Dwellings" listed in Section
3501.2 or shall meet the provisions of the board's rules applicable
to "Group R-3". Only the person holding an approval
may apply to the board for a revision or renewal of the
approval.
Each
application for manufacturers with manufacturing facilities
outside Ohio shall also identify the individual or
agency that will be performing in-plant inspections of the
units intended for placement in Ohio. The application
shall also include a letter from the designated individual
or agency indicating that they have a contractual relationship
with the manufacturer to perform the inspections.
This letter shall include the name(s) and board certification(s) of the individual(s) who will be assigned to perform
the inspections.
Each
application for manufacturers with manufacturing facilities in Ohio shall include the same information required in
Section 113.3.1 or, as an alternative, the manufacturer
shall indicate their intention to have the inspections conducted
by inspectors designated by the board.
After receipt of the application, the board
or such agency designated by the board shall proceed with
review of the industrialized unit construction documents and
cause such inspections of the manufacturer's quality control
processes used to ensure compliance with the rules of the
board.
The board shall have the authority to
require tests as evidence of compliance. Test methods
shall be as specified in this code or by other recognized
test standards. In the absence of recognized and accepted
test methods, the board shall approve the testing procedures.
Tests shall be performed by an approved agency.
Reports of such tests shall be retained by the board for the
period required for retention of public records.
An initial plant evaluation
inspection shall be required at each plant of manufacture
to observe and ensure that the manufacturer's facilities
and quality control program maintains acceptable control
of materials and processes used in the manufacture of
industrialized units to ensure conformance with the
approvedconstruction documents. The plant evaluation
inspection shall include all subassembly plants supplying
the manufacturer, as the board may deem necessary.
The board, upon determination of compliance,
shall issue an approval to the applicant. Industrialized
units approved by the board may be used anywhere in Ohio
subject to the conditions for their use and application as indicated
in the approval.
When any changes to the rules of
the board are adopted which affect the use, safety or sanitation
of any approved industrialized unit, the holder of
the approval shall apply to the board for a revision of the
approval. Failure to apply for revision of approvals within
the time specified by the board, shall constitute failure to
comply with the conditions of the approval.
Upon failure of the
holder of an approval to comply with the conditions of the
approval and this chapter, the board, on its own motion,
shall order a hearing in accordance with Section 119.03
of the Revised Code to revoke an existing approval.
An industrialized unit manufactured under
an approval by the board, not transported to a building
site for use but stored at a manufacturer's or dealer's
facility, can be used in Ohio as an industrialized unit for a
maximum of two years after the effective date upon which
the board adopts building code rules using another edition
of a model code as the basis of this code.
After this two-year time period, the unit's approval is
no longer valid and the unit is no longer considered an industrialized unit but shall be regulated as a moved
structure in accordance with Chapter 34.
Each industrialized unit shall be inspected in-plant during
each phase of the manufacturing process by inspectors certified
by the board of such persons designated by the board
until in-plant inspections demonstrate that the manufacturer's
quality control program is capable of assuring that
the industrialized units produced are built in accordance with
the construction documentsapproved by the board. When it
has been determined that the manufacturer's quality control
program is capable of assuring compliance with the board
approvedconstruction documents, then at one overall inspection
of "open" construction shall be performed in-plant for
each unit by an inspector certified or designated by the
board.
Exception: When a manufacturer with manufacturing
facilities in Ohio has chosen to have inspections conducted
by designees of the board, the inspection frequency
shall be based upon the reliability or effectiveness of the
manufacturer in maintaining sufficient control of the
materials and processes to ensure that the units are constructed
in accordance with the approved construction
documents.
An insignia shall be obtained from the board for each
industrialized unit module to be used within the state of Ohio.
The insignia shall be affixed to each unit after a determination
is made by the inspector that the unit is constructed in
accordance with the construction documentsapproved by the
Board, which shall constitute final approval of the unit.
After an insignia has been affixed, the manufacturer shall
record its use in shipping records, to be submitted monthly to
the board, which shall record:
The shipping insignia number;
Ohio board of building standards industrialized unit
group assigned project file number appearing on the
board-approvedconstruction documents;
The date the insignia was affixed to the individual unit;
Name and address of the construction inspector and
inspection agency;
Manufacturer's unit serial number;
Manufacturer's model number;
Dealer name and address; and
Site installation destination address and owner name.
When an inspection determines
that the quality control program does not sufficiently
ensure compliance with the construction
documents approved by the board, the certified inspector
or person designated by the board shall, by written notification,
inform the manufacturer that the inspection frequency
will be increased so that each assembly or
component affected by the nonconforming item will be
inspected. These inspections shall continue until an
inspection determines that the manufacturer's control of
the materials and processes used is sufficient to ensure
that the units are constructed in accordance with the
approvedconstruction documents.
The manufacturer shall
maintain responsibility over all work completed in the factory
until the unit is approved for first occupancy and shall rectify
any deviations from the approvedconstruction documents,
which are found either in the field or at the place of manufacture.
The manufacturer shall submit to the board such periodic
reports, notifications and information as required by
board procedures.
The manufacturer shall ensure that the construction documentsapproved by the board are presented to the building
official in accordance with Section 106.1.2(1) before placing
the industrialized unit on site.
Exception: Industrialized unitsconstruction documents
previously approved by the board and site related construction
documents are not required to be submitted to
the division of industrial compliance where industrialized
units are used exclusively as one-, two, or three family
dwellings.
Whenever there are
changes in company name, ownership, subsidiary status,
address or change in the manufacturer's management personnel
who are responsible for making policy concerning
quality control, the manufacturer shall immediately notify
the board, in writing, and the manufacturing plant(s)
affected by the change will be subject to a plant evaluation
inspection.
All costs associated with industrialized unit
approval applications, processing, construction document
review, inspections and insignias shall be in accordance with
Sections 113.8.1 to 113.8.5.
Each initial application or revision
submittal to the board shall be accompanied by nonrefundable
fees, designated by the board to include: application
processing fee; one-hour minimum plan review fee;
and other costs, when incurred, such as mailing and check
processing.
All costs
of application processing, evaluation of construction documents
or other documentation submitted to the board
shall be paid by the applicant.
All costs of
plant evaluations and inspections shall be paid by the
manufacturer of the unit including travel, food, lodging,
and administrative costs.
The fee for insignia for all assembled
modular units manufactured for use in the state of Ohio
shall be fifty dollars per unit (any preassembled combination
of walls to floor, ceilings, roof, and other such components).
The fee for insignia for all panelized units manufactured
for use in the state of Ohio shall be one dollar for
each twenty square feet of surface area of preassembled
individual components (wall, floor, ceiling or roof Sections,
and other such components) intended to be shipped
to the site and attached to other components at the site of
intended use.
Tests required by the board to be performed
to determine compliance pursuant to Section 113.4.1,
shall be conducted at no expense to the board. Costs associated
with any required testing or research necessary to
provide evidence of compliance shall be the responsibility
of the applicant.
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.
The following words and terms shall, for
the purposes of this Section, have the meanings shown
herein:
Accreditation. The formal recognition of a conformity
assessment body's adherence and operation under a documented
quality system whereby a third party (Accreditation
Body) attests to technical competence and the specific
scope of accreditation of the conformity assessment body.
Accreditation body. An authoritative body that is an
established, independent, internationally recognized,
third-party organization that performs accreditation to
ascribe initial recognition and monitors, on an cyclical
basis, the competency, integrity, and performance of conformity
assessment bodies in accordance with established
standards.
Assembly. A preassembled grouping of materials, products
and/or components designed to act as a whole. This
does not include industrialized units regulated by Section
113.
Calibration laboratory. An established, independent,
nationally recognized and accredited, third-party organization
that regularly provides calibration services such as,
but not limited to, tolerance testing to ensure the accuracy
of measuring equipment used in construction.
Conformity assessment body. A body that performs conformity
assessment services and can be an object of
accreditation, such as a testing laboratory, inspection
body, product certification body.
Evaluation service. An established, independent, nationally
recognized and accredited, third-party conformity
assessment body that is accredited as a product certification
body and performs technical evaluations of building
materials, products, and methods of construction where
code requirements are not clear or the innovative products
do not have national consensus standards. The evaluation
of the product results in the issuance of a research report
establishing the code compliance and conditions of its use
based upon multiple sources of information including test
reports, test data, performance data, or acceptance criteria,
and can be approved for installation by the building
official in accordance with the rules of the board.
Fabricator inspection agency. An established, independent,
nationally recognized and accredited, third-party
conformity assessment body regularly engaged in fabrication
of construction materials and methods of construction.
Field evaluation body. An established, independent,
nationally recognized and accredited, third-party conformity
assessment body regularly engaged in furnishing
field inspection, observation, testing, or reporting services
for construction materials, products, and methods of construction.
Industry trade association certification program. A certification
program operated by an established and nationally
recognized organization, founded and funded by
businesses that operate in a specific industry, where the
main focus is to monitor quality assurance among associated
members.
Insignia. A mark or label prescribed in accordance with
board procedures.
Inspection body. An established, independent, nationally
recognized and accredited, third-party conformity assessment
body regularly engaged in furnishing inspection,
observation, testing, or reporting services for construction
materials, products, and methods of construction. Such
services include, but are not limited to geotechnical
inspections, environmental inspections, mechanical and
metallurgical analysis, non-destructive testing and evaluation,
chemical analysis, and structural and product testing.
Listing agency. An established, independent, nationally
recognized and accredited, third-party conformity assessment
body that is accredited as a product certification
body and conducts tests on materials, products, or methods
of construction to certify products that meet the criteria
for compliance with nationally recognized codes and
standards. The product certification body allows its insignia
of conformity to be placed on a material or product by
the manufacturer, identifying that the material or product
has been certified by the product certification body. The
product certification body maintains a list or directory of
all of the materials and products that they have certified
and the conditions of their use.
Material. A manufactured form or substance designed to
act as a whole.
Method of construction. A procedure or system intended
to result in a finished building, structure or portion
thereof.
Product. A material or device designed and manufactured
to perform a predetermined function. Appliances, assemblies
and equipment are also considered products.
Product certification body. An established, independent,
nationally recognized and accredited, third-party conformity
assessment body regularly engaged in conducting
evaluation services, inspections and tests on materials and
products to certify compliance with nationally recognized
codes and standards. Product Certification Bodies are
sub-classified as either Evaluation Services or Listing
Agencies.
Recognition. An acceptance by the board of building standards
of an accreditation body, a conformity assessment
body, or an industry trade association certification program
in accordance with the rules of the board of building
standards.
Testing laboratory. An established, independent, nationally
recognized and accredited, third-party conformity
assessment body regularly engaged in conducting tests of
materials, products, or methods of construction to determine
compliance with a specification or testing standard.
The testing laboratory issues a report documenting the test
results.
ILAC - International Laboratory Accreditation Cooperation IAF - International Accreditation Forum ISO - International Organization for Standardization IAS - International Accreditation Service IEC - International Bectrotechnical Commission
FIGURE 114.2
ORGANIZATION OF BOARD RECOGNIZED BODIES AND CERTIFICATION PROGRAMS
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.
The building official shall verify that the testing laboratory
is accredited to perform the specific tests prescribed
in the code by verifying the testing laboratory's
"scope of accreditation" found on the testing laboratory's
website.
Exceptions:
Acceptance, performance, and operational
testing reports submitted in accordance with
Section 108.8 are permitted to be prepared
and submitted by the individual performing
the acceptance, performance, and operational
tests. Board recognition is not required
for persons conducting acceptance, performance,
or operational tests.
Special inspection reports submitted in accordance
with Section 1704.1.2 are permitted to
be prepared and submitted by the special
inspector defined in Section 1702.1 and qualified
in accordance with Section 1704.1. Board
recognition is not required for all special
inspectors.
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.
Building officials are authorized to approve listed
and labeled materials, products, assemblies and methods
of construction after verifying all of the following
additional information:
The product is listed on the product certification
body's website directory.
The listing is current.
The product is proposed to be installed/used in
accordance with the listing.
When used as an assembly, the assembly is proposed
to be installed/used in compliance with this
code.
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.
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 evaluation service report,
as described in Section 114.3.2.1, or listing from a product
certification body recognized by the board and published
on a list titled "Recognized Conformity
Assessment Bodies" found on the board's website at
http://www.com.ohio.gov/dico/bbs.
The alternative material, product, assembly, or method
of construction shall be deemed to be approved provided it
complies with the conditions listed in the evaluation service
report or listing found on the product certification
body's website.
Exceptions:
Alternative materials, products, assemblies, or
methods of construction submitted pursuant to
Section 106.5.
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:
Identification and description of the product specifically
addressed in the report and a description
of how the product can be identified;
Identification of the specific code provisions to
which the product was evaluated as a suitable
alternative to the requirements of the code;
The product installation requirements;
The statement of the conditions and limitations of
use of the product; and
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.
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.
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.
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.
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.
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.
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.
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.
