CODIFIED ORDINANCES OF WESTLAKE PART THIRTEEN - BUILDING CODE

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CODIFIED ORDINANCES OF WESTLAKE PART THIRTEEN - BUILDING CODE

TITLE ONE - Standards

Chap. 1301. Residential Code of Ohio. Chap. 1303. Ohio Building Code. TITLE THREE - Administration

Chap. 1311. General Administration and Enforcement. Chap. 1313. Permits and Inspections.

Chap. 1315. Fees for Permits and Inspections. Chap. 1316. Park and Recreation Fees.

Chap. 1317. Board of Building Appeals. Chap. 1321. Registration of Contractors. TITLE FIVE - Water Supply and Sanitation

Chap. 1337. Drainage and Sanitation. Chap. 1341. Flood Hazards.

Chap. 1343. Illicit Discharge and Illegal Connection Control. TITLE SEVEN - Other Local Provisions

Chap. 1355. Apartments. Chap. 1356. Rental License.

Chap. 1357. Demolition of Buildings. Chap. 1359. Moving of Buildings.

Chap. 1361. Building Facing and Sheathing. Chap. 1363. Grading and Drainage.

Chap. 1365. Swimming Pools. Chap. 1367. Removal of Topsoil.

Chap. 1369. Access to Construction Sites.

Chap. 1371. Adequate Water Supply for Fire-Fighting Purposes. Chap. 1373. Adult Day Care Facility.

Chap. 1377. Gasoline Service Stations. Chap. 1379. Encroachment.

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CODIFIED ORDINANCES OF WESTLAKE PART THIRTEEN - BUILDING CODE

Chap. 1301. Residential Code of Ohio. Chap. 1303. Ohio Building Code.

CHAPTER 1301 Residential Code of Ohio

1301.01 Adoption. 1301.04 Amendments. (Repealed) 1301.02 File and distribution 1301.05 Homeowners' exception.

copies. 1301.06 Administration of Residential

1301.03 Conflict. Code of Ohio.

CROSS REFERENCES

Adoption by reference - see Ohio R.C. 731.231 State to enforce industrialized unit regulations - see

Ohio R.C. 3781.06, 3781.10

State to establish energy standards for one, two and three-family dwellings - see Ohio R.C. 3781.181 Driveway drainage - see S.U. & P.S. Ch. 903

Sidewalk construction - see S.U. & P.S. Ch. 905

Permits and fees - see ZON. Ch. 1231; BLDG. Ch. 1313 et seq.

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1301.01 BUILDING CODE 4

1301.01 ADOPTION.

There is hereby adopted by the City, the Residential Code of Ohio (RCO), as adopted by the Ohio Board of Building Standards, Department of Commerce, effective July 1, 2007, and any amendments thereto, and as published in Chapters 4101:8-1 to 4101:8-43 of the Ohio Administrative Code. (Ord. 2007-108. Passed 6-21-07.)

1301.02 FILE AND DISTRIBUTION COPIES.

Copies of the Residential Code of Ohio adopted herein are on file with the Director of Inspections for inspection by the public and in the County Law Library.

(Ord. 2006-49. Passed 5-18-06.) 1301.03 CONFLICT.

(a) The rules of the Ohio Board of Building Standards, including the Residential Code of Ohio, shall supersede and govern any order, standard or rule of the Department of Commerce, Division of State Fire Marshal, including the Ohio Fire Code and the Department of Health, in all cases where such conflict exists with the rules of the Ohio Board of Building Standards, except that rules adopted and orders issued by the State Fire Marshal or Ohio R.C. Chapter 3743 prevail in the event of conflict, according to Ohio R.C. 3781.11.

(b) In the event the Council of the City has adopted requirements or standards in addition to the requirements established by the State of Ohio in the Residential Code of Ohio, the additional requirements or standards of the City shall apply where applicable.

(Ord. 2006-49. Passed 5-18-06.) 1301.04 AMENDMENTS.

(EDITOR’S NOTE: Former Section 1301.04 was repealed by Ordinance 2006-49, passed May 18, 2006.)

1301.05 HOMEOWNERS' EXCEPTION.

No provision of the Residential Code of Ohio or any regulation adopted by authority of that Code shall be interpreted to require that the owner of a single or one-family dwelling shall be licensed or registered or hold a certificate of qualification personally to perform work upon the premises occupied, or to be occupied, by the owner thereof as such owner's established residence. All such work shall be done by the owner with the assistance only of any member of his family or household and the work shall be done in conformity with the provisions of the Residential Code of Ohio and rules or regulations promulgated thereunder, and no work shall be done unless all permits, inspections and approvals required by that Code are secured.

(Ord. 2006-49. Passed 5-18-06.)

1301.06 ADMINISTRATION OF RESIDENTIAL CODE OF OHIO.

Administration and enforcement of RCO, for all one, two and three family dwellings is the duty of the Director of Inspections and his assistants and shall comply with the provisions of the RCO Chapter 1. (Ord. 2007-108. Passed 6-21-07.)

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CHAPTER 1303 Ohio Building Code

1303.01 Adoption 1303.02 Compliance. 1303.03 Copies. 1303.04 Conflict. 1303.05 Enforcement. 1303.06 Amendments. 1303.99 Penalty. CROSS REFERENCES See sectional histories for similar State law

Removal of unsafe structures - see Ohio R.C. 715.26(B), 715.261

Power to enact further and additional regulations - see Ohio R.C. 3781.01 Authorization by Board of Building Standards - see Ohio R.C. 3781.12

Enforcement - see Ohio R.C. 3781.03, 3781.031, 3781.10(E), 3781.102, 3781.19 Final jurisdiction - see Ohio R.C. 3781.04

Application - see Ohio R.C. 3781.06, 3781.10(E), 3781.11(A) Submission of plans - see Ohio R.C. 3791.04

Dead bolt locks in apartment buildings - see Ohio R.C. 3781.103 Smoke detection system for apartments and condominiums - see

Ohio R.C. 3781.104

Automatic sprinkler systems - see Ohio R.C. 3781.105, 3791.041 et seq. Fire suppression systems - see Ohio R.C. 3781.108

Use of public buildings by handicapped persons - see Ohio R.C. 3781.111 Energy conservation - see Ohio R.C. 3781.06, 3781.181, 3781.182 Abandoned service stations - see Ohio R.C. 3791.11 et seq.

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1303.01 ADOPTION.

There is hereby adopted by the Municipality, the Ohio Building Code (OBC) as adopted by the Ohio Board of Building Standards, Ohio Department of Commerce, effective July 1, 2007, and any amendments thereto and as published Chapters 4101:1-1 to 4101:1-35 of the Ohio Administrative Code (OAC).

(Ord. 2007-108. Passed 6-21-07.) 1303.02 COMPLIANCE.

(a) No owner or any other person shall construct, erect, build or equip any building or structure to which the Ohio Building Code is applicable, or make any addition thereto or alteration thereof, except in case of repairs for maintenance without affecting the construction, sanitation, safety or other vital feature of such building or structure, without complying with this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Building Code, or fail to comply with any lawful order issued pursuant thereto.

(ORC 3791.01, 3791.02)

(b) No architect, builder, engineer, plumber, carpenter, mason, contractor, subcontractor, foreman or employee shall violate or assist in violating this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Building Code, or fail to comply with any lawful order issued pursuant thereto.

(ORC 3791.01, 3791.03; Ord. 2003-154. Passed 7-17-03.)

(c) No owner or any other person shall proceed with the construction, erection, alteration or equipment of any building or structure to which the Ohio Building Code is applicable without complying with this chapter and the plan and specification submission and processing requirements of the Municipality, and until plans or drawings, specifications and data have been approved.

(Ord. 2007-108. Passed 6-21-07.) 1303.03 COPIES.

Copies of Codes as adopted in this chapter are on file with the Director of Inspections for inspection by the public, and also on file in the County Law Library, and the Director has copies available for distribution to the public at cost.

(Ord. 2004-80. Passed 6-17-04.) 1303.04 CONFLICT.

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11 Ohio Building Code 1303.06

(b) In the event the Council of the City of Westlake has adopted additional requirements or standards above or in addition to the minimum requirements established by the State of Ohio in the Ohio Building Code, the additional requirements or standards of the City shall apply where applicable. (Ord. 2004-35. Passed 3-18-04.)

(c) Where a special provision is made in a use group classification of OBC and is inconsistent with a general provision of OBC relating to buildings generally, the special provision governs. (Ord. 2007-108. Passed 6-21-07.)

1303.05 ENFORCEMENT.

(a) The Building Official shall enforce all the provisions of OBC relating to construction, arrangement, and erection of all buildings or parts thereof including fire protection as defined in OBC.

(b) The Fire Marshal or Fire Chief shall enforce all provisions of OBC relating to fire prevention as defined in OBC. (OBC 104.1; Ord. 2003-154. Passed 7-17-03.)

1303.06 AMENDMENTS.

The following provisions of the Ohio Building Code are hereby supplemented, amended or deleted from the Westlake Building Code as is respectively indicated:

OBC Section 3408, Moved Structures (Supplemented)

3408.2 Refer to Chapter 1359 of the Codified Ordinances of Westlake for specific City requirements.

OBC Section 104, Duties and Powers (Supplemented)

OBC Section 108 Construction Documents Examination and Inspection Fee (Deleted) Refer to Chapter 1315 of the Codified Ordinances of Westlake.

(Ord. 2003-154. Passed 7-17-03.)

OBC Section 110 Certificate of Occupancy (Supplemented)

OBC Section 3107 Signs (Supplemented)

3107.15. If any portion of this article is in conflict with any portion of the City’s present sign regulations, as codified in Chapter 1223 of the Zoning Code, the latter regulations shall prevail.

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The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five but no more than 100 children 2 1/2 years or less of age, when the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as a Group E occupancy.

OBC Section 308 Institutional Group I

Section 308.5.2 Child Day Care Facility (Amended) Delete the following text:

Exception: A child day care facility which provides care for more than five, but no more than one hundred children two and one half years or less of age, when all the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as Use Group E. OBC Section 503 GENERAL HEIGHT AND AREA LIMITATIONS

Table 503 (Amended)

USE GROUPS TYPE VA CONST. TYPE VB CONST.

PROTECTED(o) UNPROTECTED(o)

A-1 Assembly, theaters not permitted not permitted

A-2 Assembly, night clubs, restaurants not permitted not permitted

A-3 Assembly, churches not permitted not permitted

A-4 Assembly, recreation centers not permitted not permitted

A-5 Stadiums not permitted not permitted

B Business not permitted(n) not permitted

E Education not permitted not permitted

F-1 Factory & Industrial not permitted not permitted moderate hazard

F-2 Factory & Industrial not permitted not permitted low hazard

H-1 High hazard not permitted not permitted

detonation hazard

deflagration hazard

physical hazard

health hazard

I-1 Institutional not permitted not permitted

residential care

incapacitated

restrained

I-4 Daycare facilities not permitted not permitted

M Mercantile not permitted not permitted

R-1 Residential, hotels not permitted not permitted

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13 Ohio Building Code 1303.99

USE GROUPS TYPE VA CONST. TYPE VB CONST.

PROTECTED(o) UNPROTECTED(o)

R-2 Residential, multiple family not permitted not permitted

R-3 Residential, multiple not permitted not permitted

single-family

R-4 Residential Care, less than 17 occ. not permitted not permitted

S-1 Storage moderate hazard not permitted not permitted

S-2 Storage low hazard not permitted not permitted

U Utility, miscellaneous not permitted not permitted

Note n. Newly constructed one story office buildings are permitted.

Note o. Structures listed in Westlake Zoning Code Section 1211.28 may be permitted by conditional use permit.

(Ord. 2003-154. Passed 7-17-03.)

OBC Section 903 Automatic Sprinkler (Amended)

903.2.10.3 Buildings over two (2) stories in height. An automatic sprinkler system shall be installed throughout buildings with a floor level having an occupant load of 30 or more that is located 30 feet or more above the lowest level of Fire Department vehicle access. (Ord. 2007-108. Passed 6-21-07.)

903.2.1.2 Group A-2 (Supplemented)

4. A fire area designed as a dancehall, night club, cabarets or used for a similar purpose having an occupancy loading of 100 or more shall be provided with an automatic fire suppression system.

Section 3002.4 Elevator Car to Accommodate Ambulance-Stretcher. (Amended)

3002.4 All elevators required by the Ohio Building Code or A.D.A. shall have a minimum floor area of 35 square feet with the longest dimensions not less than 6'8". The entrance door shall be a side mounted door not less than 42" in width. An alternate elevator configuration may be approved by the Fire Department. The elevator shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76mm) high and shall be placed inside on both sides of the hoist way door frame. (Ord. 2003-154. Passed 7-17-03.)

1303.99 PENALTY.

Whoever violates any provision of this chapter or any code adopted herein or fails to comply with any lawful order issued pursuant thereto is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both. Each day during which noncompliance or a violation continues shall constitute a separate offense. The Municipality may institute injunction proceedings in Common Pleas Court to abate the nuisance of failure to cease work after receipt of a stop order.

(Ord. 2003-154. Passed 7-17-03.)

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CHAPTER 1305 National Electrical Code

1305.01 National Electrical Code 1305.03 Conflict of laws.

adopted. 1305.99 Penalty.

1305.02 File and distribution copies.

CROSS REFERENCES Power to license electricians - see Ohio R.C. 715.27 Adoption of technical codes - see Ohio R.C. 731.231

Underground wiring in subdivisions - see PLAN. & PLAT. 1129.07 Permits and fees for electrical wiring and equipment - see

BLDG. 1315.06

1305.01 NATIONAL ELECTRICAL CODE ADOPTED.

For the purpose of safeguarding persons, buildings, dwellings, building contents and other property in the City from hazards arising from the use of electricity for light, heat, power, radio, signing and other uses, the current edition of the National Electrical Code as adopted and published by the National Fire Protection Association is hereby adopted and incorporated as fully as if set out at length herein including amendments to and future additions of such Code effective as and of the date they are adopted and published by the National Fire Protection Association, save and accept such portions as are hereinafter deleted, modified or amended. The Code shall apply to single, two, and three family dwellings. (Ord. 2003-87. Passed 4-17-03.)

(a) "Feed Through Ground Fault Receptacle Outlets". The City requires that not more than two receptacles shall be served by one ground fault interrupter. Both affected receptacles shall be located on the same floor and shall serve no other receptacles. Garage and outside receptacles may be served by the same ground fault interrupter, but may not exceed the total of two receptacles per ground fault interrupter as previously stated.

(b) "Aluminum Wires". The use of aluminum wires in buildings in the City shall be prohibited. The only allowable use is for electric service lines, from the utility company mains to the electric meter.

(Ord. 1999-50. Passed 2-18-99.)

(c) The minimum wire size for all branch circuits shall be #12 (AWG).

(d) All rooms with more than one entrance shall have a switching device installed at each entrance into the room.

(e) Load calculations shall be submitted prior to the issuance of any electrical permit. (f) All branch circuits will be subjected to a voltage drop test to verify that the

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A complete copy of the National Electrical Code, as adopted in Section 1305.01, is on file with the Director of Inspections for inspection by the public and is also on file in the Cuyahoga County Law Library. The Director also has copies available for distribution to the public, at cost. (Ord. 2004-80. Passed 6-17-04.)

1305.03 CONFLICT OF LAWS.

In the event of any conflict between the requirements of the National Electrical Code and those of any other codes adopted by the City, or any City ordinance, that requirement which establishes the higher or stricter standard shall prevail. Adoption of the National Electrical Code shall in no way affect the provisions of the OBC 27 and shall apply to one, two and three family dwellings. (Ord. 2003-87. Passed 4-17-03.)

1305.99 PENALTY.

(a) Whoever violates any provision or fails to conform to any of the requirements of the National Electrical Code herein adopted or fails to comply with any order made thereunder or violates any detailed statement of specifications or plans submitted and approved thereunder, shall, severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor of the third degree. Each day's continued violation of the National Electrical Code shall constitute a separate offense.

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CHAPTER 1307

International Mechanical and Fuel Gas Code

1307.01 International Mechanical and Fuel Gas Code adopted. 1307.02 File and distribution copies.

1307.03 Conflict of laws. 1307.99 Penalty.

CROSS REFERENCES

Adoption by reference - see Ohio R.C. 731.231

1307.01 INTERNATIONAL MECHANICAL AND FUEL GAS CODE ADOPTED.

For the purpose of safeguarding persons, buildings, dwellings, building contents and other property in the City from hazards arising from the use of electricity for light, heat, power, radio, signing and other uses, the current edition of the International Mechanical and Fuel Gas Code as adopted and published by the International Code Council, Inc., is hereby adopted and incorporated as fully as if set out at length herein including amendments to and future additions of such Code effective as and of the date they are adopted and published by the International Code Council, Inc., save and accept such portions as are hereinafter deleted, modified or amended. The Code shall apply to single, two, and three family dwellings.

(Ord. 2003-85. Passed 4-17-03.)

A complete copy of the International Mechanical and Fuel Gas Code, as adopted in Section 1307.01, is on file with the Director of Inspections for inspection by the public. The Director also has copies available for distribution to the public, at cost.

(Ord. 2004-80. Passed 6-17-04.)

1307.03 CONFLICT OF LAWS.

In the event of any conflict between the requirements of the International Mechanical and Fuel Gas Code and those of any other codes adopted by the City, or any City ordinance, that requirement which establishes the higher or stricter standard shall prevail.

(Ord. 1999-51. Passed 4-1-99.) 1307.99 PENALTY.

(a) Whoever violates any provision or fails to conform to any of the requirements of the International Mechanical and Fuel Gas Code herein adopted or fails to comply with any order made thereunder or violates any detailed statement of specifications or plans submitted and approved thereunder, shall, severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor of the third degree. Each day’s continued violation of the International Mechanical and Fuel Gas Code shall constitute a separate offense.

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TITLE THREE - Administration Chap. 1311. General Administration and Enforcement. Chap. 1313. Permits and Inspections.

Chap. 1315. Fees for Permits and Inspections. Chap. 1316. Park and Recreation Fees.

Chap. 1317. Board of Building Appeals. Chap. 1321. Licensing Contractors.

CHAPTER 1311

General Administration and Enforcement

1311.01 Inspection of existing buildings.

1311.02 Injunction proceedings. 1311.03 Remedies not limited. 1311.04 Notification of violation. 1311.05 Compliance required. 1311.06 Enforcement by Director of

Inspections.

1311.07 Building permit required. 1311.08 Building permit application

and certification.

1311.09 New permit required for change in plans.

1311.10 Certificate of occupancy required.

1311.11 Certificate of occupancy application and issuance. 1311.12 Record of certificates. 1311.13 Fees for certificate and

copies.

1311.14 Administration of Ohio Building Code.

1311.99 Penalty.

CROSS REFERENCES Department of Buildings, Structures and Inspections - see

ADM. Ch. 149

Review of development plans - see ZON. 1220.01 et seq. Issuance of building permits; inspections - see ZON. Ch.

1231; BLDG. Ch. 1313

Certificates of occupancy - see ZON. 1231.06 et seq.

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1311.01 INSPECTION OF EXISTING BUILDINGS.

The Director of Inspections shall have authority to inspect any building or structure within the City at any time during its construction or when any change or alteration is being made. He shall have the right to inspect any building that may be deemed unsafe or unsanitary or where there may be a possibility of a fire risk from any cause whatsoever.

(Ord. 2070. Passed 8-7-41.)

1311.02 INJUNCTION PROCEEDINGS.

Whenever any person, firm or corporation fails, neglects or refuses to comply with any order of the Director of Inspections under the provisions of this Building Code, or whenever any building or other structure is used or occupied so as to be in violation of or not in conformity with any provision of this Building Code, the Director may, in his discretion, institute and maintain in the name of the City an appropriate action at law or in equity to restrain the execution in violation of this Building Code, to prevent the occupation or use of such building or other structure and to prevent or terminate any violation of this Building Code.

(1958 Code Sec. 1301.11)

1311.03 REMEDIES NOT LIMITED.

The exercise of the rights and remedies granted in this chapter shall in no way preclude or limit the City from exercising any other right or remedy now or hereafter granted to it under the laws of the State or the ordinances of the City.

(1958 Code Sec. 1301.12)

1311.04 NOTIFICATION OF VIOLATION.

The Director of Inspections or his authorized representative, upon finding a violation of the Building Code or the Zoning Code of the City and who thereafter determines that a letter shall be sent to the violator, shall indicate in such letter the section of the Zoning Code or Building Code violated.

(Ord. 1970-18. Passed 3-5-70.)

1311.05 COMPLIANCE REQUIRED.

No structure shall be built, reconstructed, altered, used or occupied unless built, reconstructed, altered or occupied after compliance and in conformity with this Building Code. (Ord. 1975-45. Passed 7-3-75.)

1311.06 ENFORCEMENT BY DIRECTOR OF INSPECTIONS.

The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Director of Inspections.

(Ord. 1975-45. Passed 7-3-75.)

1311.07 BUILDING PERMIT REQUIRED.

No structure shall be built, altered, remodeled or reconstructed, and no excavation for a foundation shall be made, until a permit, hereafter called a building permit, for such building has been issued by the Director of Inspections.

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19 General Administration and Enforcement 1311.11

1311.08 BUILDING PERMIT APPLICATION AND CERTIFICATION.

All applications for building permits shall be made in triplicate on forms furnished by the Director of Inspections and shall be accompanied by a plat in triplicate, drawn to scale and showing the actual dimensions of each lot upon which the building of a structure is proposed to be done and the size and location of each such structure upon each such lot, and such plans drawn to scale, specifications and other information as may be necessary to enable the Director to determine that the proposed structure and use of land will conform to the provisions of this Building Code and the Zoning Code. No building permit shall be issued without certification thereon by the Director that the building proposed to be done thereunder will conform to the provisions of this Building Code. Such certification shall be made or refused within fifteen days after receipt by the Director of a copy of such application and plat.

(Ord. 1975-45. Passed 7-3-75.)

1311.09 NEW PERMIT REQUIRED FOR CHANGE IN PLANS.

Following the granting of a building permit, no alteration in the proposed structure as represented by the plat, plans and specifications filed shall be made without application for another building permit in accordance with Section 1311.08.

(Ord. 1975-45. Passed 7-3-75.)

1311.10 CERTIFICATE OF OCCUPANCY REQUIRED.

No land shall be occupied, used or changed in use, and no structure or alteration or enlargement thereof shall be occupied, used or changed in use, until a Certificate of Occupancy has been issued therefor by the Director of Inspections. The Director, after all exterior improvements exclusive of the building have been substantially completed, may grant to the owner permission to occupy that portion of the building or structure that has passed final inspection. Substantial completion for purposes of this section, means sidewalks, parking provisions and landscaping attributable to that portion of the structure to be used.

(Ord. 1975-45. Passed 7-3-75.)

1311.11 CERTIFICATE OF OCCUPANCY APPLICATION AND ISSUANCE. A Certificate of Occupancy shall be applied for at the time application is made for a building permit. Each application shall be made in duplicate on forms furnished by the Director of Inspections and shall be accompanied by the fee required by Section 1311.13. No building permit shall be issued before such application has been made for a Certificate of Occupancy. A Certificate of Occupancy shall be issued within ten days after the building of the structure to which it applies is completed in conformity with the plat, plans and specifications filed and with the provisions of the Zoning Code, and after the installation, in operating condition, of necessary sanitary and utility facilities; or, where the Certificate of Occupancy is sought for the occupancy, use or change in use of land, it shall be issued within ten days after application therefor, provided such proposed occupancy, use or change in use is in conformity with the provisions of the Zoning Code and this Building Code.

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1311.12 RECORD OF CERTIFICATES.

A record of all Certificates of Occupancy shall be kept on file in the office of the Director of Inspections, and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the structure or land affected.

(Ord. 1975-45. Passed 7-3-75.)

1311.13 FEES FOR CERTIFICATE AND COPIES.

For an original Certificate of Occupancy there shall be charged a fee, but no fee shall be charged if a building permit is secured at the same time for the same structure. For each copy of any Certificate of Occupancy a fee shall be charged. Such fees shall be determined by ordinance and shall be paid to the Director of Inspections who, upon payment thereof, shall deposit the same with the Director of Finance.

(Ord. 1975-45. Passed 7-3-75.)

1311.14 ADMINISTRATION OF OHIO BUILDING CODE.

Administration and enforcement of OBC for all buildings other than one, two and three family dwellings is the duty of the Director of Inspections and his assistants and shall comply with the provisions of OBC Article 1 (OAC 4101:1-1).

1311.99 PENALTY.

(a) Whoever violates any of the provisions of this Building Code for which no penalty is otherwise provided is guilty of a misdemeanor of the second degree. A separate offense shall be committed each day or portion thereof during which any violation is committed, continued or permitted.

(b) Whoever violates any of the provisions of Sections 1311.05 through 1311.10, or fails to comply therewith, shall, for each and every violation or noncompliance, is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(c) Any person having control of any land or structure whereon or wherein a violation of any of the provisions of this chapter occurs, and any other person who assists in the commission of any such violation, shall each be guilty of a separate offense and shall be liable to the penalty as herein provided.

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CHAPTER 1313 Permits and Inspections

1313.01 Permits required; application and issuance.

1313.02 Permit time limitations; misrepresentation and errors in issuance.

1313.03 Exceptions for minor repairs. 1313.04 Time delay between application

and issuance. (Repealed) 1313.05 Posting permit application

sign. (Repealed) 1313.06 Evidence of ownership

required. (Repealed)

1313.07 Temporary structures.

1313.08 Plan approval; posting and file copies.

1313.09 Alteration or erasure of plans; work deviation. 1313.10 Work completion; return of

plans.

1313.11 Bond required. 1313.99 Penalty.

CROSS REFERENCES

Gas and oil well permits - see BUS. REG. 713.01 et seq. Street excavation permits - see S.U. & P.S. 901.02 et seq. Sidewalk permits - see S.U. & P.S. 905.01 et seq.

Sewer connection permit - see S.U. & P.S. 915.04 et seq. Building permits to conform to required areas for public use

-see PLAN. & PLAT. 1105.03

Permit issuance for shopping center development plans - see PLAN. & PLAT 1109.05

Building permit issuance in subdivisions - see PLAN. & PLAT. 1129.18

Conditional use permits - see ZON. 1227.01 et seq. Building permits and zoning - see ZON. 1231.03 et seq. Building permit fees - see BLDG. Ch. 1315

Plan review - see BLDG. Ch. 1319

Drainage plans required for permit - see BLDG. 1363.01 et seq. Swimming pool permit - see BLDG. 1365.01 et seq.

Access driveways required for permit - see BLDG. 1369.01

1313.01 PERMITS REQUIRED; APPLICATION AND ISSUANCE.

(a) Before commencing or proceeding with the erection, construction, alteration or repair of any building or structure or any part thereof, a building permit shall first be obtained by the owner or his agent or architect, from the Director of Inspections. No person shall commence or proceed with any such work unless such permit shall first have been obtained.

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(b) Application for such permit shall be made by the owner or his agent or architect in the manner specified in Section 1231.04 of the Zoning Code.

(Adopting Ordinance)

(c) An issued permit shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of this Building Code or other applicable laws, ordinances, rules and regulations. Such issuance of a permit shall not prevent the administrative office having jurisdiction from thereafter requiring a correction of errors in plans or construction, nor shall it prevent him having jurisdiction over violations of this Building Code or of other applicable laws, ordinances, rules or regulations. (Ord. 1961-54. Passed 7-10-61.)

1313.02 PERMIT TIME LIMITATIONS; MISREPRESENTATION AND ERRORS IN ISSUANCE.

(a) After a permit has been issued, it shall be void if:

(1) The work for which such permit was issued is not commenced within 180 days;

(2) The work is suspended for 180 days;

(3) For construction controlled by the OBC, see OBC Section 106.3.2. (Ord. 2003-126. Passed 6-5-03.)

However, if, by reason of acts of God, fire, epidemics, landslides, floods, strikes, lockouts or other industrial disturbances, acts of public enemies, acts or orders of any kind of any governmental authority, insurrections, riots, civil disturbances, explosions, breakage or accident to machinery, transmission pipes or canals, partial or entire failure of utilities or any other unanticipated cause or event not reasonably within the control of the applicant for the permit, the applicant cannot commence the work for which the permit was issued or the applicant must suspend work under the permit or must redo work previously done, then the period in which such work must commence or be completed shall be extended by a period equal to the period:

(4) When the applicant cannot commence work; (5) For which the applicant must suspend work; or

(6) Is required to redo work previously done, as a result of the occurrence of one or more of the foregoing causes or events.

(b) The administrative officer having jurisdiction shall revoke a permit or approval issued under the provisions of this Building Code if there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based or whenever any permit or approval has been issued in error and conditions are such that a permit or approval should not have been issued.

(c) This section shall apply to all building permits hereafter issued, whether issued pursuant to application heretobefore or hereafter filed.

(21)

23 Permits and Inspections 1313.08

1313.03 EXCEPTIONS FOR MINOR REPAIRS.

Permits shall not be required for minor repairs, as long as they do not involve the electrical, plumbing, mechanical system, or structural parts or members of the building or structure. Normal required maintenance shall be considered as minor repairs.

No exceptions to the permit requirement shall be made for fences, sheds, yard structures, stairways, elevators, fire escapes or other means of ingress or egress, or changes in light or ventilation.

All repairs or alterations shall comply with this Building Code and all other applicable codes.

(Ord. 2003-126. Passed 6-5-03.)

1313.04 TIME DELAY BETWEEN APPLICATION AND ISSUANCE.

(EDITOR’S NOTE: Former Section 1313.04 was repealed by Ordinance 2003-126, passed June 5, 2003.)

1313.05 POSTING PERMIT APPLICATION SIGN.

1313.06 EVIDENCE OF OWNERSHIP REQUIRED.

1313.07 TEMPORARY STRUCTURES.

Temporary offices, storage, signs and other structures of contractors shall be permitted in any district, if such uses are deemed necessary by the Director of Inspections to the development of the premises and provided a building permit has been obtained for the principal work. The structures may be erected within the limits of lots whereon buildings are in the course of erection or on adjoining vacant lots. The sanitary regulations for such structures shall be as prescribed by the Director of Inspections. Such structures shall be removed within thirty days after completion of work on the premises or if construction is not pursued diligently as determined by the Director.

1313.08 PLAN APPROVAL; POSTING AND FILE COPIES.

When the application, plans and specifications conform to the requirements of this Building Code, the Director of Inspections is hereby authorized to place his official stamp thereon and return such application, plans and specifications to the applicant. A copy of such plans and specifications properly stamped shall be kept on the building or work premises until the work has been completed. A copy of such plans and specifications shall be filed with the Director who will retain the same until after completion of the work, and until his approval of the work as having been constructed according to such plans and specifications has been given.

(22)

1313.09 ALTERATION OR ERASURE OF PLANS; WORK DEVIATION.

No person shall erase, alter or modify any lines, figures or coloring contained upon any plans, drawings or specifications filed with the Department of Buildings, Structures and Inspections. If during the progress of the execution of such work it is desired to deviate in any manner which affects the construction or other essentials of the building, from the terms of the application, plans or specifications, application for another building permit shall be made pursuant to Section 1231.05 of the Zoning Code.

1313.10 WORK COMPLETION; RETURN OF PLANS.

Plans and specifications will be returned to the owner or his authorized agent if a request is made within thirty days after completion of the work. If a request is not made, they may be destroyed by the Director of Inspections.

(Ord. 2070. Passed 8-7-41.)

1313.11 BOND REQUIRED.

Before any permit for building, repairing or moving any building along any route is issued, the applicant shall furnish a bond satisfactory to the Director of Inspections providing for the payment of any damages which may happen to any tree, pavement, street or sidewalk or to any utility fixture, pole or wire, for which the City may be held responsible to repair, whether the damage shall be inflicted by such person or his agents, employees or workmen. Such person shall hold the City harmless against any liabilities, judgments, damages, costs and expenses which may accrue against the City in consequence of the granting of such permit or the performance of any work thereunder.

(Ord. 1952-7. Passed 1-17-52.) 1313.99 PENALTY.

(23)

25

CHAPTER 1315

Fees for Permits and Inspections

1315.01 Fee determination and 1315.07 Sign fees.

collection. 1315.08 Failure to obtain permit 1315.02 Building construction, before work.

addition or alteration fees. 1315.09 Additional fee for 1315.03 Obstruction, excavation and inspections during

non-driveway fees. regular hours.

1315.04 Heating, air conditioning 1315.10 Satellite transmitting/receiving and incineration fees. dish fees.

1315.05 Plumbing fees. 1315.11 Recreational court fees. 1315.06 Electrical fees. 1315.12 Fire protection systems.

CROSS REFERENCES

Gas and oil well permit fee - see BUS. REG. 713.01 Street excavation, curb cut permit fee - see

S.U. & P.S. 901.02

Sidewalk permit fee - see S.U. & P.S. 905.06 Platting fees - see PLAN. & PLAT. 1133.05 Certificate of occupancy fees - see ZON. 1231.09 Fee for drainage changes - see BLDG. 1337.11

1315.01 FEE DETERMINATION AND COLLECTION.

The permit or inspection fees set forth in this chapter shall be as set forth herein. For inspections for which no fee is hereafter prescribed, payment shall be made for the time actually consumed in such inspection at the rate of fifty dollars ($50.00) per hour. It shall be computed from the time of arrival at the place where the work is to be inspected to the time of departure therefrom. Such fees shall be collected by the Director of Finance.

(Ord. 2012-8. Passed 2-2-12.)

1315.02 BUILDING CONSTRUCTION, ADDITION OR ALTERATION FEES. (a) All new buildings or structures or additions in residential

one, two and three family dwellings:

(1) One-family dwellings base fee $100.00

(2) Two and three-family dwellings, per dwelling

(24)

(3) Also, all new construction in residential one, two and three family dwellings to pay a usable floor area fee, per square foot in all stories including basement and

garage areas $ .05

(b) Residential buildings, one, two and three family dwellings, alterations and/or repairs:

(1) Initial fee 25.00

(2) Also, all affected usable floor area fee, per

square foot in all stories .02

(c) Residential buildings, accessory detached: (1) Garages and stables:

A. Initial fee 25.00

B. Also, per square foot of floor area .02 (2) Utility building, exclusive of any utilities - initial fee 25.00

(3) Fence 25.00

(d) Buildings or structures, and additions as regulated by OBC:

(1) Base fee per permit 200.00

(2) Also, per square foot of floor area

(single tenant) .075

(3) Shell construction only per sq. ft.

(multiple tenant) .0375

(4) Tenant buildout in new construction per

sq. ft. .0375

(e) Business or industrial building, alterations, repairs, or tenant change as regulated by OBC:

(2) Also, per square foot of floor

area affected .0375

(f) Greenhouse, private, not in excess of 260 square feet 25.00 (g) Greenhouse in excess of 260 square feet:

(2) Also, for each square foot of floor

surface or fraction thereof .025

(3) Quonset huttype structure with utilities

-initial fee 50.00

Also, for each square foot of floor surface

(25)

27 Fees for Permits and Inspections 1315.02

(h) Storage tanks, not including septic tanks: Gallon Capacity (1) 2,000 or less $ 15.00 (2) 2,001 through 12,000 25.00 (3) 12,001 through 20,000 35.00 (4) 20,001 through 50,000 50.00 (5) 50,001 through 100,000 75.00 (6) Over 100,000 100.00

(i) Swimming pool fees:

(1) Above-ground pools 48" deep and over and spas 25.00 (2) Inground swimming pool or any other artificially

created body of water 50.00

(j) Temporary structures

(2) Each additional structure 10.00

(k) Examination of plans by Board of Building Appeals: Except for appeals under Chapter 1317, the following fees shall be charged when it is necessary for the Board of Building Appeals to review plans, types of material or construction or other areas within their jurisdiction and are in addition to any other permit fee set forth in this chapter:

(1) For one-family, two or three-family dwellings 25.00

(2) For other buildings 50.00

(3) Mailing fee/letters and public notices 25.00

(4) Property maintenance appeal 10.00

(5) For additions to any buildings:

A. Minimum fee 10.00

B. For each square foot of usable floor area, calculated from

outside measurements .025

(l) Fees for examination of plans and specifications by Building Department and/or City Architect: The following fees shall be charged in addition to any other fees set forth in this chapter:

(1) New construction including additions:

A. 1. One, two and three-family dwellings 50.00 2. For each square foot of gross floor

area .02

3. Accessory structures or appurtenances

thereto (sheds, decks, patios, etc.) 5.00 B. 1. Four units or more, multiple-family,

office, commercial, industrial and/or all construction governed by the

(26)

1315.03 BUILDING CODE 28 2. For each square foot

of gross floor area $ .09

Shell construction only per sq. ft. .045 Tenant build out in new construction

per sq. ft. .045

(2) Alterations, repairs or change of use.

A. 1. One, two and three-family dwellings 25.00 2. For each square foot of gross

floor area affected .01

3. Accessory structures or appurtenances

thereto 5.00

B. 1. Four units or more, multiple-family, office, commercial, industrial and/or

all construction governed by the OBC 150.00 2. For each sq. ft.of the actual

area affected by the

alteration or change of occupancy which may extend beyond the

limits of constructions .045

(3) Automatic Fire Suppression Systems

A. Four units or more, multiple-family, office, commercial, industrial and/or

all construction governed by the OBC 150.00 B. For each square foot of the actual area

affected by the construction, alteration, or change of occupancy which may

extend beyond the limits of construction .050 (4) Fire Alarm Systems.

A. Four units or more, multiple-family, office, commercial, industrial and/or

all construction governed by the OBC 150.00

B. Also, per device 5.00

(5) Kitchen Exhaust Hoods and Related Fire Suppression Systems as governed by the

OBC, per hour 85.00

(6) Fees in subsections (l)(1) and (2) hereof are for the first examination of plans including addendums to the approval or the correction letter. Should a resubmission of plans be required, the fee for re-examination shall be based on an

hourly rate or portion thereof 85.00

(7) The fee for preliminary plan examination, if requested in writing by the applicant, shall be

based on an hourly rate or portion thereof 85.00 (8) Landscaping fees: Addition to or replacement

of existing landscaping:

Residential (per lot) 5.00

Commercial, industrial per lot or occupant 25.00 (9) Additional penalty fees:

(27)

29 Fees for Permits and Inspections 1315.04

B. Reinspection of same item 50.00

C. Inspection call and appearance of inspector

on property and work not ready 50.00 D. Work covered without inspection 100.00

(Ord. 2004-70. Passed 6-3-04; Ord. 2007-120. Passed 7-5-07; Ord. 2012-8. Passed 2-2-12.)

1315.03 OBSTRUCTION, EXCAVATION AND DRIVEWAY FEES. (a) Deposit on, obstruction of or damage to street areas during construction:

(1) Deposit of cash, or bond in lieu thereof,

acceptable to the Director of Inspections:

A. New house work, per sublot $200.00

B. All deposits subject to increases if nature of work warrants or if damage during construction exceeds deposit. This includes damage to sidewalks, driveways, road ditches, culverts, curbing and sewers.

(2) Fee deducted for two regular inspections 15.00 (3) Fee deducted for each additional inspection

requested by owner or made necessary by

incomplete work 10.00

(4) Deposits and fees for tree lawn opening, street opening, etc., shall be as provided in

Section 901.02 et seq. 110.00

(b) Deposit when hauling excavation material over streets: Deposit of cash, or bond in lieu thereof, acceptable

to the Director of Inspections:

(1) Amount of deposit 100.00

(2) Deduction for two regular inspections 15.00

(3) Deduction for any extra inspections 5.00

(Ord. 1987-36. Passed 3-19-87.) (c) Additional penalty fees:

(1) Where work is begun without first obtaining a permit and paying the fee as indicated above, the applicant for a permit shall be charged a fee of triple the amount of the fee indicated in this section.

(2) Reinspection of same item 50.00

(3) Inspection call and appearance of inspector on

property and work not ready 50.00

(4) Work covered without inspection 100.00

(Ord. 2004-70. Passed 6-3-04.)

1315.04 HEATING, AIR CONDITIONING AND INCINERATION FEES.

The fees as hereinafter listed shall be the fee for the required permit and shall include the cost of inspection.

(a) All new buildings or structures or additions, for each contractor

(1) Initial base fee commercial $100.00

(28)

(4) Shell construction only, per sq. ft.

(multiple tenant) .0225

(5) Each tenant buildout space in new

construction per sq. ft. .0225

(Ord. 2012-8. Passed 2-2-12.)

(b) Alterations or replacements to existing heating and/or air conditioning systems

(1) Base fee commercial 100.00

(2) Base fee residential 25.00

(3) Furnace replacement 25.00

(4) Air conditioning replacement 25.00

(5) Furnace and air conditioning replacement,

including rooftop units 50.00

(6) Relocate air duct, each 2.00

(7) Each additional duct work/base board 2.00

(8) Kitchen hood 5.00

(9) Exhaust fan $ 5.00

(10) Space heaters, pool heaters, gas 5.00

(11) Fireplace 25.00 (12) Boiler 25.00 (Ord. 2004-70. Passed 6-3-04.) (c) Incinerators: Interior - residential 5.00 Built-in - residential 25.00 Commercial or industrial 100.00 (Ord. 1987-36. Passed 3-19-87.) (d) Additional penalty fees:

(Ord. 2004-70. Passed 6-3-04.) 1315.05 PLUMBING FEES.

The fees as hereinafter listed shall be the fee for the required permit and shall include the cost of inspection unless an additional inspection fee is specified.

(a) All new buildings or structures or additions for each contractor.

(1) Base fee commercial $100.00

(3) Per sq. ft. of floor area with single

tenant and new residential .045

multiple tenant .0225

(5) Each tenant buildout space in new construction

per sq. ft. .0225

(6) Per foot of sewer piping .10

(29)

31 Fees for Permits and Inspections 1315.06 (2) Lawn, garden, flowerbed sprinkler system

(per head) 1.00

(3) Water fountain, each 5.00

(Ord. 2004-70. Passed 6-3-04.)

(c) Alterations, replacements or additions to existing plumbing systems per contractor.

(1) Base fee commercial 100.00

(3) Lawn, garden, flowerbed sprinkler system

per head 1.00

(4) Installation of water, gas pneumatic or

hydraulic lines per ft. .02

(5) Underground water, gas pneumatic or

hydraulic lines per ft. .02

(Ord. 2012-8. Passed 2-2-12.)

(6) Hot water tanks 5.00

(7) Miscellaneous items not listed above, each 1.00 (d) Additional penalty fees.

(Ord. 2004-70. Passed 6-3-04.) 1315.06 ELECTRICAL FEES.

The fees as hereinafter listed shall be the fee for the required permit and shall include the cost of inspection unless an additional inspection fee is specified.

(a) All new buildings or structures or additions (premise wiring) for each contractor:

(1) Base fee, commercial $ 100.00

(2) Base fee, residential 25.00

(3) Also per sq. ft. of floor area (single

tenant and new residential) .045

(multiple tenants) .0225

(5) Each tenant buildout in new construction

per sq. ft. .0225

(Ord. 2012-8. Passed 2-2-12.) (b) New exterior construction

(1) Base fee, commercial 100.00

(3) New exterior streetscape lighting, landscape

lighting, etc. per lighting fixture 5.00

(4) Swimming pool pump, electric heater,

receptacle, each 5.00

(30)

(3) Low voltage wiring per device 1.00

(d) Alterations or replacement to existing electrical systems

(1) Base fee, commercial 100.00

(3) Per appliance device 1.00

(4) Main electrical service upgrade (meter base) 5.00

(5) Main electrical panel (each) 5.00

(6) Electrical sub-panel (each) 5.00

(7) Electrical disconnect or safety switch 5.00

(8) Solar panel (each) 1.00

(9) Generator 25.00

(10) Exhaust fan $5.00

(11) Space heater, baseboard heater, electric - each 5.00 (12) Swimming pool pump, heater, receptacle, each 5.00 (13) Miscellaneous items not listed above, each 1.00 (e) Additional penalty fees:

(1) Where work is begun without first obtaining a permit and paying the fee as indicated above, the applicant for a permit shall be charged a fee

of triple the amount of the fee indicated in this section.

(Ord. 2004-70. Passed 6-3-04.) 1315.07 SIGN FEES.

(a) Fees for sign permits shall be as follows:

(1) Up to twenty-five square feet 10.00

(2) In excess of twenty-five square feet up to 100

square feet 25.00

(3) In excess of 100 square feet 50.00

(4) If electrical sign, electrical fee 50.00

(b) Additional penalty fees:

(Ord. 2004-70. Passed 6-3-04.)

1315.08 FAILURE TO OBTAIN PERMIT BEFORE WORK.

(31)

32A Fees for Permits and Inspections 1315.12

1315.09 ADDITIONAL FEE FOR INSPECTIONS DURING NON-REGULAR HOURS.

Whenever an inspection described in this chapter is requested or required for a day or at a time other than the regularly scheduled hours of operation of City Hall, then, in addition to any and all other fees as set forth in this chapter, there shall be a fee of one hundred dollars ($100.00) for each site inspection. (Ord. 2012-8. Passed 2-2-12.)

1315.10 SATELLITE TRANSMITTING/RECEIVING DISH FEES.

(a) The fee for satellite transmitting or receiving dish permits shall be twenty-five dollars ($25.00). (Ord. 1995-214. Passed 2-15-96.)

(2) Reinspection of same item: $50.00

property and work not ready: 50.00

(4) Work covered without inspection: 100.00 (Ord. 2004-70. Passed 6-3-04.)

1315.11 RECREATIONAL COURT FEES.

(a) The fee for a recreational court permit, on estate sized parcels, shall be twenty-five dollars ($25.00). (Ord. 1997-139. Passed 9-4-97.)

(1) Where work has begun without first obtaining a permit and paying the fee as indicated above, the applicant for a permit shall be charged a fee of triple the amount of the fee indicated in this section.

(2) Reinspection of same item $ 50.00

(3) Inspection call and appearance of

inspector on property and work not ready 50.00 (4) Work covered without an inspection 100.00

(Ord. 2004-70. Passed 6-3-04.) 1315.12 FIRE PROTECTION SYSTEMS.

The fees as hereinafter listed shall be the fee for the required permit and shall include the cost of inspection unless an additional fee is specified.

(a) All new buildings or structures or additions or replacements, for each contractor

(1) Base fee per system as defined in the OBC,

commercial $100.00

(2) Base fee per system, residential 25.00

(3) Fire suppression system, per head 1.00

(4) Fire suppression system other than water

base systems, per head 1.00

(5) Hood fire suppression system, per hood 5.00

(6) Fire alarm system, per device 1.00

(32)

1315.12 BUILDING CODE 32B

(3) Inspection call and appearance of inspector

on property and work not ready 50.00

(33)

33

CHAPTER 1316 Park and Recreation Fees

1316.01 Intent and purpose. 1316.04 Payment of fees.

1316.02 Definitions. 1316.05 Trust fund; matching amount. 1316.03 New construction fees. 1316.06 Use of funds.

CROSS REFERENCES

Reserve areas for public use - see P. & Z. Ch. 1105, 1125.06

1316.01 INTENT AND PURPOSE.

Council of the City of Westlake, Ohio hereby declares that the fees required to be paid shall be hereby assessed, along with monies derived from other municipal funds, for the planning, acquisition, improvement and expansion of public parks, playgrounds and recreation facilities to serve the increasing growth and development of the City and the means of providing additional revenues with which to finance such public facilities. It is the purpose of this chapter to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of expenditures necessary to provide recreational facilities, public parks and playgrounds in the City. It is Council's intention that an amount equal to the monies received herein shall be irrevocably committed to park and recreation purposes from other municipal tax sources.

(Ord. 1997-94. Passed 4-17-97.) 1316.02 DEFINITIONS. As used in this chapter:

(a) “Person” includes every person, firm, partnership or corporation engaging in construction activities itself or through the services of any employee, agent or independent contractor.

(b) “Dwelling unit” shall be the same as defined in Section 1203.08(a) of the Codified Ordinances of the City of Westlake.

(c) “One-family dwelling” shall be the same as defined in Section 1203.08(c) and defined as a two-family dwelling in Section 1203.08(d) of the Codified Ordinances of the City of Westlake.

(d) “Multi-family dwelling” shall be the same as defined in Section 1203.08(e) of the Codified Ordinances of the City of Westlake.

(34)

(f) “Industrial space” means each space, area, or building which is either intended or used for any of the permitted main uses set forth in the Exclusive Industrial District in Chapter 1218 of the Zoning Code of the City of Westlake. It shall not include any space, area or building which is used for school purposes or public building used or operated by the Federal Government, the State Government, the County Government, the City of Westlake, the Westlake School Board, or Porter Library. (Ord. 1997-94. Passed 4-17-97.)

1316.03 NEW CONSTRUCTION FEES.

In addition to any other fee or fees prescribed in the Codified Ordinances of the City of Westlake, every person constructing any new dwelling unit or new commercial space or an addition to any existing commercial space in excess of 1,000 square feet in the City of Westlake shall pay to the City, fees for park and recreation purposes as follows:

(a) $700.00 for each dwelling unit in a one-family dwelling;

(b) $500.00 for each dwelling unit in a multi-family dwelling or building;

(c) $150.00 for every 1,000 square feet, or portion thereof on a prorated basis, of commercial space or for an addition to existing commercial space in excess of 1,000 square feet at the same rate for new commercial space;

(d) $50.00 for every 1,000 square feet, or portion thereof on a prorated basis, of industrial space or for an addition to existing industrial space in excess of 1,000 square feet at the same rate for new industrial space.

(Ord. 1997-94. Passed 4-17-97.) 1316.04 PAYMENT OF FEES.

The fees set forth in Section 1316.03 above shall be due and payable upon the issuance of a building permit by the City of Westlake for the construction of any such dwelling unit or Commercial space or addition thereto as set forth above; provided, however, that there shall be a refund of such fees in the event the building permit is not used for such construction. The fee shall be placed into the Park and Recreation Trust Fund.

(Ord. 1997-94. Passed 4-17-97.)

1316.05 TRUST FUND; MATCHING AMOUNT.

(35)

34A Park and Recreation Fees 1316.06

1316.06 USE OF FUNDS.

All sums collected pursuant to this chapter shall be used as allocated by the Council of the City of Westlake solely for public parks, playgrounds and recreational purposes, indicated in the following list:

(a) Purchase of land and interest in land for recreational purposes; (b) Development of parks and buildings for use thereon;

(c) Acquisition and development of other varieties of open space for recreational purposes;

(d) Acquisition and development of bicycle trails, riding trails, and other types of trails for recreational use; and

(e) Acquisition and development of recreation facilities and constructed or acquired after the passage of this chapter.

(36)

(37)

35

CHAPTER 1317 Board of Building Appeals

1317.01 Authority of Board. 1317.05 Personal interest of members. 1317.02 Purpose of the Board. 1317.06 Right of entry.

1317.03 Powers of the Board. 1317.07 Meetings.

1317.04 Procedure and hearings. 1317.08 Fees and deposit.

CROSS REFERENCES Established - see CHTR. Art. IV, Sec. 1

Membership; powers - see CHTR. Art. IV, Sec. 11

1317.01 AUTHORITY OF BOARD.

Pursuant to Article IV, Section 11 of the City Charter, the Board of Building Appeals shall be vested with the authority to exercise the powers and perform the duties provided in this Building Code which shall not include matters subject to the jurisdiction of the Ohio Board of Building Standards. (Ord. 2003-201. Passed 10-2-03.)

1317.02 PURPOSE OF THE BOARD.

The Board exists for the purpose of hearing appeals regarding matters relating to buildings and materials. The Board shall exercise its powers and perform its duties for the accomplishment of such purposes only. (Ord. 2003-201. Passed 10-2-03.)

1317.03 POWERS OF THE BOARD.

The Board of Building Appeals, in addition to those duties set forth in Article IV, Section 11, of the City Charter, shall have the following powers subject to the limitations set forth in this Building Code.

(a) General Powers. The Board has the power to:

(1) Base its decisions on the fact that any change in the provisions of the Building Code must be of such character that it will not substantially injure the appropriate or existing use or value of neighboring property.

(38)

(3) Hear an appeal for a registered contractor whose registration has been suspended or revoked by the Director of Inspections. The Board may affirm, reverse or modify any actions taken by the Director of Inspections. (4) Vary the application of any provision of this Building Code to any particular case when in its opinion, enforcement thereof would do manifest injustice and would be contrary to the spirit and the purpose of this Building Code or to the public interest.

(5) Hear an appeal of a notice of the Real Property Maintenance Officer. The Board may affirm, reverse or modify any actions taken by the Real Property Maintenance Officer.

(6) Determine whether any proposed rule of the Director of Inspections supplements or aids in the interpretation of the requirements of this Building Code and is consistent therewith, and affirm, amend, modify or nullify any such proposed rule.

(7) Report and recommend to Council any amendment, deletion or addition to this Building Code. (Ord. 2003-201. Passed 10-2-03.)

(b) Power to Authorize Use of New Materials. The Board shall decide whether new material or hitherto unused material may be used when not specifically prescribed by this Building Code. All such materials are to be of standard quality for the purpose for which they are intended and must conform to all reasonable requirements as to strength and durability.

(39)

37 Board of Building Appeals 1317.07

On appeal, in reviewing, regulating and approving all building plans, the Board shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose of achieving safe, harmonious and integrated development of related properties.

On appeal, the Board shall receive and promptly review and pass upon all drawings, data, reports and complaints filed in reference to all structures in the Department of Buildings, Structures and Inspections, in the order filed and according to the rules and regulations duly adopted and published by the Board in the conduct of its business. Such rules and regulations shall not be inconsistent with the purposes of the Board or the provisions of applicable City ordinances. The Board shall immediately notify the Director of Inspections in writing of the action taken in each instance.

(Ord. 1966-142. Passed 4-20-67.) 1317.04 PROCEDURE AND HEARINGS.

For the purpose of administering the provisions of this chapter, appeals may be considered by the Board of Building Appeals at any regular meeting or at a meeting held at the call of the Chairman. The Board or its Chairman may administer oaths and compel the attendance of witnesses. All hearings before the Board shall be open to the public and shall be before at least a majority of Board members who shall constitute a quorum. In modifying or reversing any order of an administrative officer or agency in connection with the provisions of this chapter, the affirmative votes of at least three members of the Board shall be required.

(Ord. 1966-142. Passed 4-20-67.)

1317.05 PERSONAL INTEREST OF MEMBERS.

No member of the Board of Building Appeals shall act, vote or participate in the review of work or recommend any building material in which he has any financial or personal interest. (Ord. 1966-142. Passed 4-20-67.)

1317.06 RIGHT OF ENTRY.

Any member of the Board of Building Appeals, or any officer or employee of the City, when authorized in writing by the Chairman of the Board and upon presentation of proper credentials, may at any time enter, inspect and examine any premises, buildings or structures for the purpose of carrying out the duties of the Board and he shall report his findings in writing to the Board.

(Ord. 1966-142. Passed 4-20-67.) 1317.07 MEETINGS.

The Board of Building Appeals shall hold such meetings as shall be provided by its rules and regulations.

(40)

1317.08 FEES AND DEPOSIT.

(a) A notice of appeal shall be accompanied by a payment by the applicant to the Board of Building Appeals of a fee of fifty dollars ($50.00) for costs of such appeal. The fee upon payment thereof shall be deposited with the Director of Finance by the collecting officer and shall be retained by the City without refund.

(b) If the Board deems it necessary to refer the question to the City Architect or the City Engineer for a review and report, the fee shall be increased at the rate of thirty-five dollars ($35.00) per hour for each hour spent for such review by the Architect or the Engineer.

(c) If the question is to be referred to the City Architect or City Engineer for a report, then the Board shall require a deposit from the applicant of three hundred fifty dollars ($350.00) before the matter is referred. At the conclusion of this hearing and after a decision is given by the Board, the Clerk of Commissions shall prepare a schedule of costs incurred and shall itemize such costs and submit the same to the applicant. The costs shall be deducted from the amount of deposit and the balance, if any, shall be returned to the Director of Finance. Any costs incurred above the deposit shall be paid by the applicant.

(41)

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CHAPTER 1321 Registration of Contractors 1321.01 Contractors defined.

1321.02 Registration required; exceptions. 1321.03 Work permit to be issued only to

registeree. 1321.04 Application.

1321.05 Registration and term period.

1321.06 Other requirements for registering. 1321.07 Registration suspension or revocation. 1321.08 Hearing of appeal. 1321.99 Penalty. CROSS REFERENCES

Payment of income tax - see ADM. Ch. 193

1321.01 CONTRACTORS DEFINED.

As used in this chapter, the following terms shall be defined as set forth herein:

(a) "General contractor" means any individual, firm, copartnership, corporation, association or other organization, or any combination thereof, who or which by himself or itself, or by or through others, constructs, alters, repairs, adds to, subtracts from, reconstructs or remodels any building, structure or appurtenances thereto, or who or which undertakes or offers to undertake, or purports to have the capacity to undertake or submits a bid to do so. (Ord. 1988-235. Passed 12-1-88.) (b) "Subcontractor", as used in this chapter, means any individual, firm, co-partnership, corporation, association or other organization, or any combination thereof who or which by himself or itself or by or through others, undertakes excavation, installation of foundations, constructs, or installs any plumbing, H.V.A.C., electrical, roofing, siding, gutters and downspouts, landscapes or participates in any phase of construction. All subcontractors shall be required to register with the Building Department according to the provisions of this chapter, as a condition of doing business in the City.