Explanation
BACKGROUND:
This legislation repeals Columbus Building Code Chapter 4117, of the Columbus City Codes, 1959, covering conditions, status and issuance of Certificates of Occupancy. As state mandated and adopted model codes already cover the code-based requirements for Certificates of Occupancy, Columbus Building Code Chapter 4117 is now redundant or conflicting with these state model code requirements. By deleting the conflicting chapter from local adoption, the state mandated requirements prevail without conflicting with the Columbus Building Code.
These code changes were reviewed by the Columbus Building Commission at their October 21, 2008, meeting and the Columbus Building Commission recommended the changes for approval.
FISCAL IMPACT:
No funding is required for this legislation.
Title
To repeal Columbus Building Code Chapter 4117, Certificates of Occupancy, of the Columbus City Codes, 1959, in order to remove requirements that are either redundant or conflicting with state mandated code already covering all aspects of Certificates of Occupancy.
Body
WHEREAS, that Columbus Building Code Chapter 4117 of the Columbus City Codes, 1959, covers the conditions, status and issuance of Certificates of Occupancy; and
WHEREAS, state mandated and adopted model codes already cover the code based requirements for Certificates of Occupancy; and
WHEREAS, this renders local adoption of procedures and regulations redundant and, in some cases, conflicting with these state based requirements; and
WHEREAS, by deleting the conflicting chapter from local adoption, the state mandated requirements prevail without conflicting with the Columbus Building Code; and
WHEREAS, these code changes were reviewed by the Columbus Building Commission at their October 21, 2008, meeting and the Columbus Building Commission recommended the changes for approval; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1 That Columbus Building Code Chapter 4117, Certificates of Occupancy, of the Columbus City Codes, 1959, is hereby repealed.
4117.01 Certificate of occupancy required.
(A) No building or structure as defined in C.C. Chapter 4101, or the Ohio Building Code (OBC), Chapter 4101:1-2-02--"Section 202 Definitions," that has been newly constructed or that has been enlarged, extended or altered, and/or where the existing use or occupancy classification of any such building or structure or portion thereof has been changed shall be used or occupied, in whole or in part, until the chief building official has issued either of the following:
(1) A temporary certificate of occupancy; or
(2) A certificate of occupancy.
(B) Whenever it is discovered that any building or structure has been occupied without either a properly issued temporary certificate of occupancy or a certificate of occupancy, the chief building official, or designee, shall be authorized to make a records check and issue a notice in writing to be served on any person doing or causing such occupancy. This notice shall require immediate vacation of the building or structure and declare that all necessary steps must be taken to secure either ofthe following:
(1) A temporary certificate of occupancy; or
(2) A certificate of occupancy.
4117.03 Change in use or occupancy.
Changes in the character, use or occupancy of a building or structure shall only be made in compliance with the applicable codes specified in C.C. Section 4103.03 and the approval of the chief building official.
4117.05 Certificate of occupancy issuance.
The issuance of a certificate of occupancy shall require the pre-approval of all trade(s) or craft(s) that require permits and inspections before the certificate's issuance unless waived by the chief building official. It shall also require the building or structure to comply with all Building Code provisions applicable to the building or structure and the terms and conditions of the building permit. Upon verification of these facts, the chief building official may issue a certificate of occupancy.
(A) For any building or structure governed by the Ohio Building Code (OBC), that is newly constructed or which has been enlarged, extended or altered, in whole or in part, the issuance of a certificate of occupancy by the chief building official shall comply with OBC Section 4101:1-1-10--"Section 110 Certificate of Occupancy."
(B) For any building or structure not governed by the Ohio Building Code (OBC), that is newly constructed or which has been enlarged, extended or altered, in whole or in part, the chief building official, or designee, may issue a certificate of occupancy. The certificate of occupancy shall contain a statement that indicates the building or structure complies with the provisions of this Building Code for such building or structure.
4117.07 Temporary certificate of occupancy issuance.
(A) Requests for a temporary certificate of occupancy shall be considered on a case-by-case basis. All health and safety related items must be completed and approved including, but not limited to, any site improvements deemed necessary for adequate safety and welfare and, therefore, are prerequisites for consideration for the issuance of a temporary certificate of occupancy.
(B) Upon the request of the owner or the owner's representative, for any building or structure governed by the Ohio Building Code (OBC), that is newly constructed or which has been enlarged, extended or altered, in whole or in part, the chief building official may issue a temporary certificate of occupancy. Such temporary certificate of occupancy shall be in strict compliance with OBC Section 4101:1-1-10--"Section 110 Certificate of Occupancy," and further provided that such occupancy may be made safely without endangering life or public welfare.
(C) Upon the request of the owner or the owner's representative for any building or structure not governed by the Ohio Building Code (OBC), that is newly constructed or which has been enlarged, extended or altered, in whole or in part, the chief building official, or designee, may issue a temporary certificate of occupancy. Such temporary certificate of occupancy may only be issued provided such occupancy can be made safely without endangering life or public welfare.
(D) The temporary certificate of occupancy shall require the pre-approval of all trade(s) or craft(s) that require permits and inspections before the certificate's issuance unless waived by the chief building official. It shall also require the building or structure to be free from any unsafe building condition(s) and/or serious hazardous condition(s) as determined by the chief building official and that it will significantly comply with the provisions of the Building Code as applicable, including the terms and conditions of the building permit. Upon verification of these facts, including a complete listing of the items needing completion and/or specific conditions required for such occupancy provided by the chief building official, or designee, the chief building official may issue a temporary certificate of occupancy.
4117.09 Temporary certificate of occupancy validity.
The temporary certificate of occupancy shall only be issued and used in conformity with the following:
(A) A temporary certificate of occupancy issued for a building or structure, or portion thereof, in accordance with 4117.07 shall expire ninety (90) calendar days from the date of its issuance, or concurrently with the issuance of the certificate of occupancy, which ever occurs first.
(B) Upon the request of the owner or the owner's representative and the payment of the required fee, the chief building official may extend the temporary certificate of occupancy by the issuance of a subsequent ninety (90) day temporary certificate of occupancy. However, no more than two (2) such extensions shall be issued. Temporary certificates of occupancy can be issued only on a consecutive calendar day basis.
(C) If upon the expiration of the third and final temporary certificate of occupancy period and if the work covered by the building permit, including any mechanical and electrical work, is not completed, all such permits shall immediately become invalid. A new building permit(s) and new permits for the unfinished mechanical and electrical work shall be obtained before the issuance of any further certificates of occupancy. All fees for these new permits, as prescribed by the fee schedule, shall apply.
4117.11 Posting of a temporary certificate of occupancy permit required.
(A) A current and valid temporary certificate of occupancy, issued in accordance with this chapter, for all structures and use groups except R-3, shall be posted in a conspicuous place within that portion of the structure for which the certificate is issued.
(B) A temporary certificate of occupancy required to be posted under this code, shall not be removed or defaced and, if lost, removed or defaced, shall be immediately replaced. (Ord. 1092-02 ยง 1 (part).)
4117.12 Posting of occupant load sign.
(A) Pursuant to the Ohio Building Code (OBC) every room or space that is an assembly occupancy shall have the occupant load of the room or space posted in compliance with the Ohio Building Code.
(B) The information required to appear on the occupant load sign shall be determined by the chief building official. Such information shall be recorded in an indelible manner in accordance with the design approved by the chief building official.
(C) All occupancy load signs for posting shall be furnished by the owner and shall be of a permanent design. They shall not be removed or defaced, and, if lost, removed or defaced, shall be immediately replaced by the owner.
(D) Replacement of posted signs. All occupancy load signs for posting shall be furnished by the owner and shall be of a permanent design. They shall not be removed or defaced, and, if lost, removed or defaced, shall be immediately replaced by the owner.
(E) The fee for an occupancy load sign determination shall be as prescribed in the fee schedule.
4117.13 Fee.
The fee for all certificates of occupancy required by this chapter shall be charged as prescribed in the Fee Schedule. Such fees shall not be prorated nor are they refundable.
4117.15 Compliance required.
Any person who fails to comply with the requirements of this section shall be deemed to be in violation of this building code and shall be subject to the provisions of Chapter 4111.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period provided by law.