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Part 17 Housing Code - Title 1 Property Regulations
- Chapter 1701 General Provisions
- Chapter 1703 General Property Regulations
- Chapter 1705 Lawn and Property
- Chapter 1707 Swimming Pools, Spas, and Hot Tubs
- Chapter 1709 Health and Sanitation
- Chapter 1711 Light and Ventilation
- Chapter 1713 Occupancy Limitations
- Chapter 1715 Plumbing Facilities and Fixtures
- Chapter 1717 Mechanical and Electrical
- Chapter 1719 Fire Safety
- Chapter 1721 Portable Temporary Units
Chapter 1701 General Provisions
Section 1701.01 Purpose and Scope
(a) Purpose. The purpose of this Code is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. The provisions of this Code shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment, and exterior property. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, and additions to, and change of occupancy in, existing buildings shall comply with the applicable Codes of the City of North Canton.
(b) Scope. The provisions of this Code shall apply to all existing residential and nonresidential structures and all existing premises and constitute the minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement, and penalties.
Section 1701.02 Conflict
(a) Where there is a conflict between a general requirement and a specific requirement of this Code, the specific requirement shall govern. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply. Where, in a specific case, different sections of this Code specify different requirements, the most restrictive provision shall govern.
(b) The requirements of this Code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.
Section 1701.03 Requirements not Covered by Code
Requirements necessary for the strength, stability, or proper operation of an existing fixture, structure, or equipment, or for the public safety, health, and general welfare, not specifically covered by this Code, shall be determined by the cod official.
Section 1701.04 Application of Other Codes
Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Ohio Building Code, Ohio Fire Code, Ohio Fuel Gas Code, Ohio Mechanical Code, Residential Code of Ohio, Ohio Plumbing Code and NFPA 70. Nothing in this Code shall be construed to cancel, modify, or set aside any provision of laws, rules, and regulations in force in the City of North Canton.
Section 1701.05 Application to Historic Buildings
The provisions of this Code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the Cod official to be safe and in the public interest of health, safety, and welfare.
Section 1701.06 Responsibility for Real Property
(a) The owner of any premises within the City shall maintain the structures, equipment, and exterior property thereof in compliance with the requirements of this Code and Parts 7, 9, 11, 13, and 15, of the North Canton Codified Ordinances, except that occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary, and safe condition that part of the dwelling unit, rooming unit, housekeeping unit, or premises they occupy and control, and as otherwise provided for in this Code.
(1) The components of a structure and equipment therein shall be maintained in good repair, structurally sound, and in a sanitary condition.
(2) The exterior of a structure shall be maintained in good repair, structurally sound, and sanitary so as not to pose a threat to public health, safety, or welfare.
(3) The interior of a structure and equipment therein shall be maintained in good repair, structurally sound, and in a sanitary condition.
(4) Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units, or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
(5) A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter.
(b) Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures, and premises.
(1) Equipment, systems, devices, and safeguards required by this Code or a previous regulation or code under which the structure or premises was constructed, altered, or repaired shall be maintained in good working order.
(2) Repairs, maintenance work, alterations, or installations that are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s instructions.
(3) An owner, owner’s authorized agent, operator, or occupant shall not cause any service, facility, equipment, or utility that is required under this Code to be removed from, shut off from, or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress.
Section 1701.07 Definition of Terms
(a) As used in this Code, the following words and phrases are defined as follows, except as otherwise provided.
(1) “Anchored” means secured in a manner that provides positive connection.
(2) “Approved” means acceptable to the Cod official.
(3) “Basement” means that portion of a building that is partly or completely below grade.
(4) “Bathroom” means a room containing plumbing fixtures including a bathtub or shower.
(5) “Bedroom” means a room or space used, or intended to be used, for sleeping purposes in either a dwelling or sleeping unit.
(6) “Review Board” means the North Canton Property Maintenance Review Board.
(7) “Code official” means the City official who is charged with the administration and enforcement of this Code, or any duly authorized representative.
(8) “Condemn” means to adjudge unfit for occupancy.
(9) “Cost of Such Demolition or Emergency Repairs” means the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but are not limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a Cod official, the governing body, or the Review Board.
(10) “Dangerous Tree” means a public tree or private tree or any portion thereof which is determined by the Code Official or designee to create a health or safety risk to the public because the tree is dead or dying, has an infectious disease or insect problem, is injured beyond restoration, is in danger of falling, is so close to an existing or proposed structure as to endanger such structure, creates unsafe visual clearance, interferes with public utility services or communications facility services, or poses other risks identified by the Code Official.
(11)“Detached” means a structural element that is physically disconnected from another and that connection is necessary to provide a positive connection.
(12) “Deterioration” means to weaken, disintegrate, corrode, rust or decay and lose effectiveness.
(13) “Dwelling Unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
(14) “Easement” means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on, or above said lot or lots.
(15) “Equipment Support” means those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers, or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
(16) “Exterior Property” means the open space on the premises and on adjoining property under the control of owners or operators of such premises.
(17) “Family” means one or more person related by blood, marriage, or adoption who live together in one dwelling unit and maintain a common household; or not more than three (3) persons not related by blood, marriage, or adoption who live together in one dwelling unit and maintain a common household.
(18) “Garbage” means animal or vegetable waste resulting from the handling, preparation, cooking, and/or consumption of food.
(19) “Graffiti” means any unauthorized inscription, design, word, figure or mark of any type, drawn, marked, painted, etched, scratched or written upon any property located within the City, which is visible from a public right-of-way or other public or quasi-public location located within the City.
(20) “Guard” means a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
(21) “Habitable Space” means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
(22) “Historic Building” means any building or structure that is one or more of the following:
(A) Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.
(B) Designated as historic under an applicable state or local law.
(C) Certified as a contributing resource within a National Register or state or locally designated historic district.
(23) “Housekeeping Unit” means a room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking, and eating that does not contain, within such a unit, a toilet, lavatory, and bathtub or shower.
(24) “Imminent Danger” means a condition that could cause serious or life-threatening injury or death at any time.
(25) “Infestation” means the presence, within or contiguous to a structure or premises, of insects, rodents, vermin or other pests.
(26) “Inoperable Motor Vehicle” means a vehicle that cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
(27) “Labeled” means equipment, materials, or products to which have been affixed a label, seal, symbol, or other identifying mark of a nationally recognized testing laboratory, approved agency, or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material, or product meets identified standards or has been tested and found suitable for a specified purpose.
(28) “Let for Occupancy” or “Let” means to permit, provide, or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise, or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement, or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
(29) “Neglect” means the lack of proper maintenance for a building or structure.
(30) “Noxious Weeds” means those plants defined as “Prohibited Noxious Weeds” in Section 901-5-37-01 of the Ohio Administrative Code and any of the following Golden Road, Poison Hemlock, Poison Ivy, Poison Oak, Ragweed, Stinging Nettle, and other plants capable of causing skin reactions upon contact or producing severe respiratory reactions.
(31) “Occupancy” means the purpose for which a building or portion thereof is utilized or occupied.
(32) “Occupant” means any individual living or sleeping in a building, or having possession of a space within a building.
(33) “Openable Area” means that part of a window, skylight, or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(34) “Operator” means any person who has charge, care, or control of a structure or premises that is let or offered for occupancy.
(35) “Owner” means any person, agent, operator, firm, or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(36) “Person” means an individual, corporation, partnership, or any other group acting as a unit.
(37) “Pest Elimination” means the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; or by other approved pest elimination methods.
(38) “Portable Temporary Storage Unit” means any container, storage unit, or container designed for temporary storage of personal property and transported to the property and left on-site. Such unit is located outside an enclosed building and is not an approved accessory building or shed.
(39) “Premises” means a lot, plot, parcel of land, easement or public way, including any structures thereon.
(40) “Public Nuisance” means any condition caused or permitted to exist in violation of any of the provisions of this code, or its adopted codes, shall be deemed a public nuisance and may be abated by the city. This shall be construed to place an affirmative duty on property owners and occupants to maintain their property in conformity with all applicable codes. The city shall have the power to require property owners and occupants to bring their property into compliance with applicable codes, regardless of whether or not the building is occupied.
(41) “Public Way” means any street, alley, or other parcel of land that:
(A) is open to the outside air;
(B) leads to a street;
(C) has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and
(D) has a clear width and height of not less than ten (10) feet.
(42) “Rank Vegetation” is any growth of weeds or grass reaching a height of eight inches or more on improved property or twelve inches or more upon unimproved property.
(43) “Rooming House” means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
(44) “Rooming Unit” means any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
(45) “Rubbish” means combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust, used automobile parts and accessories, and other similar materials.
(46) “Sleeping Unit” means a room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
(47) “Strict Liability Offense” means an offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either performed an act which was prohibited, or failed to perform an act which the defendant was legally required to perform.
(48) “Structure” means that which is built or constructed.
(49) “Tenant” means a person, corporation, partnership, or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
(50) “Toilet Room” means a room containing a water closet or urinal but not a bathtub or shower.
(51) “Ultimate Deformation” means the deformation at which failure occurs and that shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.
(52) “Vacant Building” means a building which is not occupied by its owner, lessee or other person in lawful possession, or at which substantially all lawful business operations or residential occupancy has ceased, or which is substantially devoid of content.
(53) “Ventilation” means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(54) “Weeds”, include Bittersweet (Nightshade), Buckhorn, Thistles, Curley Dock, Corn Cockle, Golden Rod, Iron Weed, Horse Nettle, Johnsongrass, Milkweed, Oxeye Daisy, Poison Hemlock, Poison Ivy, Poison Oak, Quackgrass, Queen Anne’s Lace, Ragweed, Wild Onion, Wild Mustard, Wild Parships, Prickly Lettuce, Stinging Nettle, and other plants capable of causing skin reactions upon contact or producing severe allergic respiratory reactions.
(55) “Workmanlike” means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.
(56) “Yard” means an open space on the same lot with a structure.
Section 1701.08 Terms Defined in Other Codes
Where terms are not defined in this Code and are defined in the Ohio Building Code, Ohio Fire Code, Ohio Fuel Gas Code, Ohio Mechanical Code, Ohio Plumbing Code, Residential Code of Ohio, North Canton Zoning Code, or NFPA 70, such terms shall have the meanings ascribed to them as stated in those Codes.
Section 1701.09 Terms Inclusive of Parts Thereof
Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit”, or “story” are stated in this Code, they shall be construed as though they were followed by the words “or any part thereof.”
Chapter 1703 General Property Regulations
Section 1703.01 Premises Identification
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than four (4) inches in height with a minimum stroke width of one-half (0.5) inch.
Section 1703.02 Structural Requirements
(a) Structural members shall be maintained structurally sound and be capable of supporting the imposed loads.
(b) Foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
(c) Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
(d) The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters, and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(e) Cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(f) Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(g) Chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
(h) Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
Section 1703.03 Stairways, Handrails, and Guardrails
(a) Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(b) Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that is more than thirty (30) inches above the floor or grade below shall have guards. Handrails shall be not less than thirty (30) inches in height or more than forty-two (42) inches in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than thirty (30) inches in height above the floor of the landing, balcony, porch, deck, ramp, or other walking surface, except that guards shall not be required where exempted by the adopted building code.
Section 1703.04 Surfaces
(a) Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.
(b) Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
(c) Exterior Surfaces. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment.
(1) Peeling, flaking and chipped paint shall be eliminated, and surfaces repainted.
(2) Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and watertight.
(3) Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
(4) Oxidation stains shall be removed from exterior surfaces.
(5) Surfaces designed for stabilization by oxidation are exempt from this requirement.
Section 1703.05 Doors, Windows, and Security
(a) Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers, or tracks as intended by the manufacturer of the attachment hardware.
(b) Doors, windows or hatchways for dwelling units, room units, or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
(c) Doors providing access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of one (1) inch. Such deadbolt locks shall be installed according to the manufacturer’s specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.
(d) Operable windows located in whole or in part within six (6) feet above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased, or let shall be equipped with a window sash locking device.
(e) Basement hatchways that provide access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased, or let shall be equipped with devices that secure the units from unauthorized entry.
(f) Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 1719.02 of this Code.
(g) Every window, skylight, door, and frame shall be kept in sound condition, good repair and weather tight and glazing materials shall be maintained free from cracks and holes.
(h) Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
(i) During the period from April 1 to November 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum sixteen (16) mesh per inch and every screen door used for insect control shall have a self-closing device in good working condition except that screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(j) Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
(k) Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
(l) Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.
Section 1703.06 Burying of Materials Prohibited
(a) No person shall bury or cause to be buried any cardboard, paper, plastic, fiberglass, metal, lumber, asphalt or any other construction materials, tree trunks, stumps, branches, or any other rubbish on any property or lot within the corporate limits of the City.
(b) However, stone, bricks, concrete, masonry and other generally acceptable fill material may be deposited at appropriate locations.
Chapter 1705 Lawn and Property
Section 1705.01 Grading and Drainage
Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon except for approved retention areas and reservoirs.
Section 1705.02 Sidewalks and Driveways
Sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be installed and kept in a proper state of repair, and maintained free from hazardous conditions as required in Part 9 of the North Canton Codified Ordinance.
Section 1705.03 Obstructions on Lawn Strips and Lawn Debris in Street Gutters
(a) No person shall plant, allow to be planted, or upon notification fail to promptly remove any trees, flowers, shrubbery, or other similar obstructions within the limits of any dedicated streets of the City, or upon the portion of any such streets known as the lawn strips, between the sidewalk and roadway.
(b) No person shall place or allow to be placed grass clippings, shrub and tree trimmings, leaves, limbs, or a yard waste of any kind on any public street, sidewalk, curb or gutter within the City or to allow lawn debris to sit on private property for such period of time or in such a manner as to cause the lawn debris to gain access by natural means onto public streets, sidewalks, curbs, or gutters within the City, or fail to promptly remove the lawn debris upon notification.
(c) In the interest of public safety, all pavement, driveways, curbs, gutters, sidewalks, and lawn strips shall be edged when necessary to prevent encroachment from the adjacent grassed areas or ground cover.
Section 1705.04 Exhaust Vents
Pipes, ducts, conductors, fans, or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another tenant.
Section 1705.05 Accessory Structures
Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
Section 1705.06 Motor Vehicles
(a) Inoperative or unlicensed motor vehicles shall not be parked, kept, or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped, dismantled, or painted except as follows:
(1) Inoperative or unlicensed motor vehicles may be stored within a structure that provides screening so that the vehicle is not visible from a public right-of-way or other public or quasi public location located within the City.
(2) Painting of vehicles is permitted when conducted inside an approved spray booth.
(3) A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
Section 1705.07 Weeds and Trees
(a) Premises and exterior property shall be maintained free from weeds, rank vegetation, or noxious weeds.
(b) Premises and exterior property shall be maintained free from any tree which because of age, disease, plant death, location, or for any other reason, has become dangerous.
Section 1705.08 Graffiti
It is the duty of an owner of real property in the City to, at all times, keep his/her/its real property, and all personal property located on his/her/its real property, free from graffiti.
Section 1705.09 Wood Piles
No occupant or owner shall permit the accumulation or storage of wood or logs on any premises, improved or vacant, except such materials which are placed on open racks, elevated not less than six inches above the ground and stacked no more than four (4) feet high, evenly piled or stacked so that these materials will not afford harborage for rats and other vermin, and located in the back yard or located in the side yard and screened so as to not be visible from a public right-of-way or other public or quasi public location located within the City.
Chapter 1707 Swimming Pools, Spas, and Hot Tubs
Section 1707.01 Swimming Pools, Spas, and Hot Tubs
(a) Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
(b) Private swimming pools, hot tubs and spas, containing water more than twenty-four (24) inches in depth shall be completely surrounded by a fence or barrier not less than sixty (60) inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than fifty-four (54) inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six (6) inches from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
(c) Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this section.
Chapter 1709 Health and Sanitation
Section 1709.01 Sanitation Generally
Property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition.
Section 1709.02 Rubbish and Garbage
(a) Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
(b) Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
(1) The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
(c) Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
(1) The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.
(2) The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
Section 1709.03 Pest Control
(a) Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
(b) The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure.
(c) The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises.
(d) The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination.
(e) The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure except where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.
(f) Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
Section 1709.04 Abandoned Refrigerators and Airtight Containers
(a) No person shall abandon, discard, or knowingly permit to remain on premises under his control, any abandoned, discarded, or otherwise not in operation icebox, refrigerator, or other airtight or semi-airtight container.
(1) This section shall not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouseman or repairman.
(2) This section shall not apply to an icebox, refrigerator or other airtight or semi-airtight container which has been placed at the curb for removal no more than 24 hours prior to the scheduled pick up time and which has been rendered harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein.
Section 1709.05 Barricades and Warning Lights; Abandoned Excavations
(a) No person shall abandon or knowingly permit to remain on public or private property, any excavation, well, cesspool or structure which is in the process of construction, reconstruction, repair or alteration unless the same is adequately protected by suitable barricades and guarded by warning devices or lights at night so that the condition will not reasonably prove dangerous to life or limb.
(b) No person shall destroy, remove, damage or extinguish any barricade or warning light that is placed for the protection of the public so as to prevent injury to life or limb.
(c) Any owner or agent in control of a premises upon which a basement, cellar, well or cistern has been abandoned due to demolition, failure to build or any other reason shall cause the same to be filled to the ground surface with rock, gravel, earth or other suitable material.
Section 1709.06 Notice to Fill Lots, Remove Putrid Substances
No person shall fail to fill or drain any lot or land or remove all putrid substances therefrom, or remove all obstructions from culverts, covered drains or natural watercourses as provided in Ohio R.C. 715.47 within the lawful time after service or publication of the notice or resolution is made as required by law.
Section 1709.07 Duty to Keep Sidewalks in Repair and Clean
No owner or occupant of abutting lands shall fail to keep the sidewalks, curbs or gutters in repair and free from snow, ice, or any nuisance. (ORC 723.011)
Section 1709.08 Noxious or Offensive Odors
(a) No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or of the public.
(b) No person shall keep or harbor any animal or fowl in the Municipality so as to create noxious or offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public.
Section 1709.09 Harboring, or Permitting of Live Chickens
(a) The keeping, harboring, or permitting of an excessive number of live chickens within the City is hereby prohibited.
(b) "Keep, harbor, or permit" includes having custody or control over a live chicken within the City.
(c) No person shall keep, harbor or permit more than six (6) live chickens or any amount of roosters within the City.
(d) A person is permitted to keep, harbor or permit six (6) or fewer live chickens if the chickens are:
(1) At all times when outdoors kept securely enclosed in a yard or pen of at most eighteen (18) square feet that is cleaned on a regular basis to prevent the accumulation of animal waste;
(2) At all times when outdoors kept at least fifty (50) feet away from any residence;
(3) At all times when outdoors kept at least twenty feet (20) feet away from any property line; and,
(4) Strictly for personal or household use, rather than for any commercial use.
(e) All chicken feed must be stored in a rodent proof container and chickens must not be fed in a manner likely to attract rodents, such as dispersing the feed on the ground.
Section 1709.10 Storage or Accumulation of Rubbish
(a) No occupant or owner shall permit the accumulation or storage of rubbish on any premises, improved or vacant, for more than two hours, except lumber, bricks, stones or similar materials which are placed on open racks that are elevated not less than six inches above the ground and evenly piled or stacked so that these materials will not afford harborage for rats and other vermin.
(b) This section will not prevent persons from storing building or construction materials for periods not exceeding ninety (90) days.
Section 1709.11 Storing Garbage in Proper Container
No occupant or owner of any premises shall permit the accumulation or storage of garbage on any premises, improved or vacant, within the Municipal corporation, for more than two hours, except garbage contained in duly authorized containers approved by the City Administrator, required for residential and commercial use by the City.
Chapter 1711 Light and Ventilation
Section 1711.01 General Requirements
(a) The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.
(b) In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Ohio Building Code shall be permitted.
Section 1711.02 Light
(a) Every habitable space shall have not fewer than one window of approved size facing directly to the outdoors or to a court.
(b) The minimum total glazed area for every habitable space shall be eight (8) percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three (3) feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
(1) Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than eight (8) percent of the floor area of the interior room or space, or not less than twenty-five (25) square feet, whichever is greater. The exterior glazing area shall be based on the total floor area being served.
(c) Every common hall and stairway in residential occupancies, other than in one-and two-family dwellings, shall be lighted at all times with not less than a 60-watt standard incandescent light bulb for each two hundred (200) square feet of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than thirty (30) feet. In other than residential occupancies, interior, and exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with not less than one (1) footcandle at floors, landings and treads.
(d) Other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment, and fixtures.
Section 1711.03 Ventilation
(a) Every habitable space shall have not less than one openable window. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in Section 1711.02.
(1) Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than eight (8) percent of the floor area of the interior room or space, but not less than twenty-five (25) square feet. The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
(b) Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 1711.03(a), except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
(c) Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit except:
(1) Where specifically approved in writing by the code official; or
(2) Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
(d) Where injurious, toxic, irritating, or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
(e) A brazier, salamander, space heater, room heater, furnace, water heater or other burner or heater using wood, coal, coke, fuel oil, kerosene, gasoline, natural gas, liquid petroleum gas or similar fuel, and tending to give off carbon monoxide or other harmful gas:
(1) When used in living quarters, or in any enclosed building or space in which persons are usually present, shall be used with a flue or vent so designed, installed and maintained as to vent the products of combustion outdoors; except in storage, factory or industrial buildings which are provided with sufficient ventilation to avoid the danger of carbon monoxide poisoning;
(2) When used as a portable or temporary burner or heater at a construction site, or in a warehouse, shed or structure in which persons are temporarily present, shall be vented as provided in subsection (a) hereof, or used with sufficient ventilation to avoid the danger of carbon monoxide poisoning.
(f) This section does not apply to domestic ranges, laundry stoves, gas logs installed in a fireplace with an adequate flue, or hot plates, unless the same are used as space or room heaters.
(g) No person shall negligently use, or, being the owner, person in charge, or occupant of premises, negligently permit the use of, a burner or heater in violation of the standards for venting and ventilation provided in this section.
(h) Subsection (e) hereof does not apply to any kerosene-fired space or room heater that is equipped with an automatic extinguishing tip-over device, or to any natural gas-fired or liquid petroleum gas-fired space or room heater that is equipped with an oxygen depletion safety shutoff system, and that has its fuel piped from a source outside of the building in which it is located, that are approved by an authoritative source recognized by the State Fire Marshal in the State Fire Code adopted by him under Ohio R.C. 3737.82.
(i) Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer’s instructions except for listed and labeled condensing (ductless) clothes dryers
(j) No person shall use a cabinet-type, liquid petroleum gas-fired heater having a fuel source within the heater, inside any building, except as permitted by the State Fire Marshal in the State Fire Code adopted by him under Ohio R.C. 3737.82.
Chapter 1713 Occupancy Limitations
Section 1713.01 Occupancy Limitations
(a) Dwelling units, hotel units, housekeeping units, rooming units, and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
(b) A habitable room, other than a kitchen, shall be not less than seven (7) feet in any plan dimension. Kitchens shall have a minimum clear passageway of three (3) feet between counter fronts and appliances or counter fronts and walls.
(c) Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of seven (7) feet except:
(1) In one- and two-family dwellings, beams or girders spaced not less than four (4) feet on center and projecting not greater than six (6) inches below the required ceiling height;
(2) Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of six (6) feet eight (8) inches with a minimum clear height of six (6) feet four (4) inches under beams, girders, ducts and similar obstructions; or
(3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of seven (7) feet over not less than one-third (1/3) of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of five (5) feet shall be included.
(d) Every bedroom and living room shall comply with the following.
(1) Every living room shall contain not less than one hundred and twenty (120) square feet and every bedroom shall contain not less than seventy (70) square feet and every bedroom occupied by more than one person shall contain not less than fifty (50) square feet of floor area for each occupant thereof.
(2) Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces except units that contain fewer than two bedrooms.
(3) Every bedroom shall have access to no fewer than one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to no fewer than one water closet and lavatory located in the same story as the bedroom or an adjacent story.
(4) Kitchens and non-habitable spaces shall not be used for sleeping purposes.
(5) Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 1715; the heating facilities and electrical receptacle requirements of Chapter 1717; and the smoke detector and emergency escape requirements of Chapter 1719.
(e) Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 1713(e)
TABLE 1713(e) MINIMUM AREA REQUIREMENTS
Space | Minimum Area in Square Feet | ||
1-2 Occupants | 3-5 Occupants | 6 or More Occupants | |
Living Room | 120 | 120 | 150 |
Dining Room | No requirement | 80 | 100 |
Bedrooms | Shall Comply with Section 1713.01(d)(1) | ||
Notes: See Section 1713.01(e)(2) for Combined living room/dining room spaces See Section 1713.01(e)(1) for limitation on determining the minimum occupancy area for sleeping purposes. | |||
(1) The minimum occupancy area required by Table 1713(e) shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Section 1713.01(d)
(2) Combined living room and dining room spaces shall comply with the requirements of Table 1713(e) if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
Section 1713.02 Efficiency Living Units
(a) Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
(1) A unit occupied by not more than one occupant shall have a minimum clear floor area of one hundred and twenty (120) square feet. A unit occupied by not more than two occupants shall have a minimum clear floor area of two hundred and twenty (220) square feet. A unit occupied by three occupants shall have a minimum clear floor area of three hundred and twenty (320) square feet. These required areas shall be exclusive of the areas required by Section 1713.02(a)(2) and (3).
(2) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of thirty (30) inches in front. Light and ventilation conforming to this code shall be provided.
(3) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
(4) The maximum number of occupants shall be three.
Section 1713.03 Food Preparation Spaces
Spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
Chapter 1715 Plumbing Facilities and Fixtures
Section 1715.01 Responsibility
The owner of any structure within the City shall provide and maintain plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter.
Section 1715.02 Required Facilities
(a) Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
(b) No Fewer than one (1) water closet, lavatory, and bathtub or shower shall be supplied for each four rooming units.
(c) Where private water closets, lavatories and baths are not provided, one (1) water closet, one (1) lavatory, and one (1) bathtub or shower having access from a public hallway shall be provided for each 10 occupants.
(d) No Fewer than one (1) water closet, one (1) lavatory, and one (1) drinking facility shall be available to employees.
(1) Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler, or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
(e) Public toilet facilities shall be maintained in a safe, sanitary, and working condition in accordance with the Ohio Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.
Section 1715.03 Toilet Rooms
(a) Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
(b) Toilet rooms and bathrooms serving hotel units, rooming units, dormitory units, or housekeeping units, shall have access by traversing not more than one (1) flight of stairs and shall have access from a common hall or passageway.
(c) Toilet facilities shall have access from within the employees’ working area; shall be located not more than one (1) story above or below the employees’ working area and the path of travel to such facilities shall not exceed a distance of five hundred (500) feet. Employee facilities shall either be separate facilities or combined employee and public facilities.
(1) Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of five hundred (500) feet from the employees’ regular working area to the facilities.
(d) In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
Section 1715.04 Plumbing Systems and Fixtures
(a) Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks, and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary, and functional condition.
(b) Plumbing fixtures shall have adequate clearances for usage and cleaning.
(c) Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
Section 1715.05 Water Systems
(a) Every sink, lavatory, bathtub or shower, drinking fountain, water closet, or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system excluding private wells. Kitchen sinks, lavatories, laundry facilities, bathtubs, and showers shall be supplied with hot or tempered and cold running water in accordance with the Ohio Plumbing Code.
(b) The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
(c) The water supply system shall be installed, active, and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
(1) Registered Vacant properties may be exempt from the need for an active water supply but shall still comply with all other parts of this provision.
(d) The required water supply connection shall be maintained on the premise which it is originated and is not transferable to another premises.
(e) Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature not less than 110°F. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
(f) Nonpotable water reuse systems and rainwater collection and conveyance systems shall be maintained in a safe and sanitary condition. Where such systems are not properly maintained, the systems shall be repaired to provide for safe and sanitary conditions, or the system shall be abandoned in accordance with Section 1301.10 of the Ohio Plumbing Code.
Section 1715.06 Sanitary Drainage Systems
(a) Plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
(b) Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
(c) Grease interceptors and automatic grease removal devices shall be maintained in accordance with this Code and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the code official.
Section 1715.07 Storm Drainage
Drainage of roofs and paved areas, yards, courts, and other open areas on the premises shall be in compliance with Part 9 of the North Canton Codified Ordinances and shall not be discharged in a manner that creates a public nuisance.
Chapter 1717 Mechanical and Electrical
Section 1717.01 Responsibility
The owner of any structure within the City shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter.
Section 1717.02 Heating Facilities
(a) Heating facilities shall be provided in structures as required by this section.
(b) Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the Ohio Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
(c) Every owner and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 31 to maintain a minimum temperature of 68°F in all habitable rooms, bathrooms, and toilet rooms except:
(1) When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the Ohio Plumbing Code.
(2) In areas where the average monthly temperature is above 30°F, a minimum temperature of 65°F shall be maintained.
(d) Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 31 to maintain a minimum temperature of 65°F during the period the spaces are occupied except:
(1) Processing, storage and operation areas that require cooling or special temperature conditions.
(2) Areas in which persons are primarily engaged in vigorous physical activities.
(e) The required room temperatures shall be measured three (3) feet above the floor near the center of the room and (2) feet inward from the center of each exterior wall.
Section 1717.03 Mechanical Equipment
(a) Mechanical equipment, appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
(b) Fuel-burning equipment and appliances shall be connected to an approved chimney or vent except where such equipment is labeled for unvented operation.
(c) Required clearances to combustible materials shall be maintained.
(d) Safety controls for fuel-burning equipment shall be maintained in effective operation.
(e) A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
(f) Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
(g) Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
Section 1717.04 Electrical Facilities
(a) Every occupied building shall be provided with an electrical system in compliance with the requirements of this Section and Section 1717.05.
(b) The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of sixty (60) amperes.
(c) Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
(d) Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the Ohio Building Code except that the following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement.
(1) Enclosed switches, rated not more than 600 volts or less.
(2) Busway, rated not more than 600 volts.
(3) Panelboards, rated not more than 600 volts.
(4) Switchboards, rated not more than 600 volts.
(5) Fire pump controllers, rated not more than 600 volts.
(6) Manual and magnetic motor controllers.
(7) Motor control centers.
(8) Alternating current high-voltage circuit breakers.
(9) Low-voltage power circuit breakers.
(10) Protective relays, meters and current transformers.
(11) Low- and medium-voltage switchgear.
(12) Liquid-filled transformers.
(13) Cast-resin transformers.
(14) Wire or cable that is suitable for wet locations and whose ends have not been exposed to water.
(15) Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water.
(16) Luminaires that are listed as submersible.
(17) Motors.
(18) Electronic control, signaling and communication equipment.
(e) Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire shall be replaced in accordance with the provisions of the Ohio Building Code except that electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement.
Section 1717.05 Electrical Equipment
(a) Electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
(b) Every habitable space in a dwelling shall contain no fewer than two separate and remote receptacle outlets. Every laundry area shall contain no fewer than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location.
(c) Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain no fewer than one electric luminaire. Pool and spa luminaires over fifteen (15) volts shall have ground fault circuit interrupter protection.
(d) Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings.
Section 1717.06 Elevators, Escalators, and Dumbwaiters
(a) Elevators, dumbwaiters, and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction.
(b) In buildings equipped with passenger elevators, no fewer than one elevator shall be maintained in operation at all times when the building is occupied except that buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
Chapter 1719 Fire Safety
Section 1719.01 Responsibility
The owner of any premises within the City shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter.
Section 1719.02 Means of Egress
(a) A safe, continuous, and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Ohio Fire Code.
(b) The required width of aisles in accordance with the Ohio Fire Code shall be unobstructed.
(c) Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Ohio Building Code.
(d) Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, in addition to the following requirements. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings, provided that the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening.
Section 1719.03 Fire-Resistance Ratings
(a) The provisions of this chapter shall govern maintenance of the materials, systems and assemblies used for structural fire resistance and fire-resistance-rated construction separation of adjacent spaces to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings.
(b) Where any components are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed or altered, such components or portions thereof shall be deemed unsafe conditions in accordance with Section 111.1.1 of the Ohio Fire Code. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed or altered. Where the condition of components is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the fire chief shall act in accordance with Section 111.2 of the Ohio Fire Code.
(c) The required fire-resistance rating of fire-resistance-rated construction, including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire-resistive coatings and sprayed fire-resistant materials applied to structural members and joint systems, shall be maintained. Such elements shall be visually inspected annually by the owner and repaired, restored or replaced where damaged, altered, breached or penetrated. Records of inspections and repairs shall be maintained. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel, access door, ceiling tile or entry to the space. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer and any other reason shall be protected with approved methods capable of resisting the passage of smoke and fire. Openings through fire-resistance-rated assemblies shall be protected by self- or automatic-closing doors of approved construction meeting the fire protection requirements for the assembly.
(1) Required fire blocking and draft stopping in combustible concealed spaces shall be maintained to provide continuity and integrity of the construction.
(2) Required smoke barriers and smoke partitions shall be maintained to prevent the passage of smoke. Openings protected with approved smoke barrier doors or smoke dampers shall be maintained in accordance with NFPA 105.
(3) Required fire walls, fire barriers and fire partitions shall be maintained to prevent the passage of fire. Openings protected with approved doors or fire dampers shall be maintained in accordance with NFPA 80.
(d) Opening protectives shall be maintained in an operative condition in accordance with NFPA 80. The application of field-applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third-party certification organization accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or obstructed, or otherwise made inoperable. Fusible links shall be replaced whenever fused or damaged. Fire door assemblies shall not be modified.
(1) Where required by the code official, a sign shall be permanently displayed on or near each fire door in letters not less than one (1) inch high to read as follows:
(A) For doors designed to be kept normally open: FIRE DOOR – DO NOT BLOCK.
(B) For doors designed to be kept normally closed: FIRE DOOR – KEEP CLOSED.
(2) Hold-open devices and automatic door closers shall be maintained. During the period that such a device is out of service for repairs, the door it operates shall remain in the closed position.
(3) Swinging fire doors shall close from the full-open position and latch automatically. The door closer shall exert enough force to close and latch the door from any partially open position.
(e) The hanging and displaying of salable goods and other decorative materials from acoustical ceiling systems that are part of a fire-resistance-rated horizontal assembly shall be prohibited.
(f) Horizontal and vertical sliding and rolling fire doors shall be inspected and tested annually to confirm operation and full closure. Records of inspections and testing shall be maintained.
(g) Interior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the Ohio Fire Code. New floor openings in existing buildings shall comply with the Ohio Building Code.
(h) Where openings are required to be protected, opening protectives shall be maintained self-closing or automatic-closing by smoke detection. Existing fusible-link-type automatic door-closing devices shall be replaced if the fusible link rating exceeds 135°F.
Section 1719.04 Fire Protection Systems
(a) Fire detection, alarm and extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents shall be maintained in accordance with the Ohio Fire Code in an operative condition at all times, and shall be replaced or repaired where defective.
(1) Fire protection systems shall be maintained in accordance with the original installation standards for that system. Required systems shall be extended, altered or augmented as necessary to maintain and continue protection where the building is altered or enlarged. Alterations to fire protection systems shall be done in accordance with applicable standards.
(2) Fire protection systems required by this code, the Ohio Fire Code or the Ohio Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection system for which a design option, exception or reduction to the provisions of this code, the Ohio Fire Code or the Ohio Building Code has been granted shall be considered to be a required system.
(3) Fire protection systems shall be inspected, maintained and tested in accordance with the following Ohio Fire Code requirements.
(A) Automatic sprinkler systems, see Section 903.5.
(B) Automatic fire-extinguishing systems protecting commercial cooking systems, see Section 904.12.5.
(C) Automatic water mist extinguishing systems, see Section 904.11.
(D) Carbon dioxide extinguishing systems, see Section 904.8.
(E) Carbon monoxide alarms and carbon monoxide detection systems, see Section 915.6.
(F) Clean-agent extinguishing systems, see Section 904.10.
(G) Dry-chemical extinguishing systems, see Section 904.6.
(H) Fire alarm and fire detection systems, see Section 907.8.
(I) Fire department connections, see Sections 912.4 and 912.7.
(J) Fire pumps, see Section 913.5.
(K) Foam extinguishing systems, see Section 904.7.
(L) Halon extinguishing systems, see Section 904.9.
(M) Single- and multiple-station smoke alarms, see Section 907.10.
(N) Smoke and heat vents and mechanical smoke removal systems, see Section 910.5.
(O) Smoke control systems, see Section 909.20.
(P) Wet-chemical extinguishing systems, see Section 904.5.
(b) Fire protection systems shall be inspected, tested and maintained in accordance with the referenced standards listed in Table 1719.05(a) and as required in this section.
Section 1719.05 Fire Protection System Maintenance Standards
(a) Table 1719.05(a) Fire Protection System Maintenance Standards
SYSTEM | STANDARD |
Portable fire extinguishers | NFPA 10 |
Carbon dioxide fire-extinguishing system | NFPA 12 |
Halon 1301 fire-extinguishing systems | NFPA 12A |
Dry-chemical extinguishing systems | NFPA 17 |
Wet-chemical extinguishing systems | NFPA 17A |
Water-based fire protection systems | NFPA 25 |
Fire alarm systems | NFPA 72 |
SYSTEM | STANDARD |
Portable fire extinguishers | NFPA 10 |
Carbon dioxide fire-extinguishing system | NFPA 12 |
(1) Records shall be maintained of all system inspections, tests and maintenance required by the referenced standards.
(2) Initial records shall include the: name of the installation contractor; type of components installed; manufacturer of the components; location and number of components installed per floor; and manufacturers’ operation and maintenance instruction manuals. Such records shall be maintained for the life of the installation.
(b) Where a required fire protection system is out of service, the fire department and the fire chief shall be notified immediately and, where required by the fire chief, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with no fewer than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with Section 901 of the Ohio Fire Code to bring the systems back in service.
(1) Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4 of the Ohio Fire Code.
(c) It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system or other fire appliance required by this code except for the purposes of extinguishing fire, training, recharging or making necessary repairs.
(1) Locks, gates, doors, barricades, chains, enclosures, signs, tags and seals that have been installed by or at the direction of the fire chief shall not be removed, unlocked, destroyed or tampered with in any manner.
(2) The fire chief is authorized to permit the removal of existing occupant-use hose lines where all of the following apply:
(A) The installation is not required by the Ohio Fire Code or the Ohio Building Code.
(B) The hose line would not be utilized by trained personnel or the fire department.
(C) The remaining outlets are compatible with local fire department fittings.
(3) For fire alarm systems required to be monitored by the Ohio Fire Code, notice shall be made to the fire chief whenever alarm monitoring services are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated.
(d) Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” no fewer than six (6) inches in height and words in letters no fewer than two (2) inches in height or an arrow to indicate the location. Such signs shall be subject to the approval of the fire chief.
(1) Ready access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire chief.
(A) Exception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.5 of the Ohio Fire Code and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times.
(2) A working space of no fewer than thirty-six (36) inches in width, thirty-six (36) inches in depth and seventy-eight (78) inches in height shall be provided and maintained in front of and to the sides of wall-mounted fire department connections and around the circumference of free-standing fire department connections.
(e) Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies, as defined in the Ohio Fire Code, in accordance with the following.
(1) Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with Section 1719.05(e)(1)(B) through (E). Interconnection and power sources shall be in accordance with Section 1719.05(e)(2) and (3).
(A) Exceptions:
(i) Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided.
(ii) Where smoke alarms have been installed in occupancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required, provided that the existing smoke alarms comply with requirements that were in effect at the time of installation.
(iii) Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms.
(B) Single- or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1:
(i) In sleeping areas.
(ii) In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit.
(iii) In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level.
(C) Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations:
(i) On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
(ii) In each room used for sleeping purposes.
(iii) In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level.
(D) Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 1719.05(e)(1)(B) or (C).
(i) Ionization smoke alarms shall not be installed less than twenty (20) feet horizontally from a permanently installed cooking appliance.
(ii) Ionization smoke alarms with an alarm-silencing switch shall not be installed less than ten (10) feet horizontally from a permanently installed cooking appliance.
(iii) Photoelectric smoke alarms shall not be installed less than six (6) feet horizontally from a permanently installed cooking appliance.
(E) Smoke alarms shall be installed not less than three (3) feet horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section 1719.05(e)(1)(B) or (C).
(2) Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
(A) Exceptions:
(i) Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind.
(ii) Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without the removal of interior finishes.
(3) Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.
(A) Exceptions:
(i) Smoke alarms are permitted to be solely battery operated in existing buildings where construction is not taking place.
(ii) Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source.
(iii) Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for building wiring without the removal of interior finishes.
(4) Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following:
(A) The fire alarm system shall comply with all applicable requirements in Section 907 of the Ohio Fire Code.
(B) Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the Ohio Fire Code.
(C) Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.6 of the Ohio Fire Code.
(f) Single- and multiple-station smoke alarms shall be tested and maintained in accordance with the manufacturer’s instructions. Smoke alarms that do not function shall be replaced. Smoke alarms installed in one-, two-, and three-family dwellings shall be replaced not more than 10 years from the date of manufacture marked on the unit, or shall be replaced if the date of manufacture cannot be determined.
(g) Carbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 of the Ohio Fire Code, except that alarms in dwellings covered by the Residential Code of Ohio shall be installed in accordance with Section R315 of that code.
(h) Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin producing end-of-life signals shall be replaced.
Chapter 1721 Portable Temporary Units
Section 1721.01 General Requirements
(a) A portable temporary storage unit permit shall be required whenever a portable temporary storage unit is placed on residential property for every fifteen (15) days or portion thereof, for a maximum period of thirty (30) days. The permit shall be displayed either on the front exterior surface of the unit in a plastic liner or in the front window of the residence. No more than one sign, having a maximum area no greater than permitted for temporary signs, shall be displayed on any portable temporary storage container.
(b) If the portable temporary storage unit is being used to store personal property as a result of a major calamity at the property (e.g., fire, flood, or other event where there is significant property damage), the time period may be extended by the code official for good cause shown.
(c) Portable temporary storage units shall be located behind the minimum front yard setback line of the lot placed upon and shall comply with all minimum side and rear yard setback regulations. The unit shall be placed on a driveway or on an improved hard surface such as asphalt, concrete, or gravel and between the front property line and the rear building line of the principal structure on the owner's property.
(d) The placement of any portable temporary storage unit shall be in such a manner as not to create a public nuisance, obstruct or hinder public or private traffic, shall not be located in any required open space, landscaped area, on any street or sidewalk or in any public right-of-way or utility easement, in any location that interferes with vehicular or pedestrian circulation, in any required off-street parking space, in any location that restricts safe ingress or egress of buildings, in any location that hinders access to fire hydrants or utility shut-off valves, or in any location that obstructs a clear sight triangle or clear sight distance. The portable temporary storage unit shall not encroach on City property, neighboring property, or be placed in the street.
(e) The maximum size of any portable temporary storage unit shall not exceed eight (8) feet in width, eight (8) feet in height, and sixteen (16) feet in length. No more than one (1) portable temporary storage unit can be placed on a single residential property site at one time, unless a prior written exemption is secured from the code official.
(f) All portable temporary storage units shall be free of rust, peeling paint, graffiti, other visible forms of deterioration, and shall be maintained in good condition.
(g) No portable temporary storage unit shall be used as a dwelling unit, or to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than at the residential property where the unit is located (i.e. used for retail sales), or any other illegal or hazardous material.
(h) Upon reasonable notice to the responsible party, the City may inspect the contents of any portable temporary storage unit at any reasonable time to ensure that it is not being used to store said materials. At no time shall a portable temporary storage unit be used for any of these purposes.