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86-04 OrdinanceRECORD OF ORDINANCES Inc 86-04 Ordinance No. Passed . 20. AN ORDINANCE MODIFYING AND ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND AMENDING PORTIONS OF THE DUBLIN CODIFIED ORDINANCES WHEREAS, the City of Dublin is concerned with building conditions desirable to promote the public health, safety and welfare of its residents. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1. Adoption of Property Maintenance Code. That a certain document, three (3) copies of which are on file in the office of the Clerk of Council of the City of Dublin, being marked and designated as 2003 International Property Maintenance Code as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the City of Dublin, in the State of Ohio; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said 2003 International Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. Section 2. Additions, Insertions and Changes. That the BOCA National Property Maintenance Code is amended and revised in the following respects: All references to Code Official shall be changed to Chief Building Official. Section 101.1 Insert: City of Dublin Section 101.2 Amend to read as follows: This code is intended to protect the public health, safety and welfare in all existing structures, residential and non residential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties. Nothing contained herein shall be construed to require an owner, operator or occupant to alter, remove, modify or otherwise abate a condition under the following parameters: 1) Existing conditions which are considered violations under this code which were permissible when the structure or premises was originally constructed and/or issued a building permit shall be permitted to remain provided the condition is properly maintained in a condition similar to that at the time of original construction and said condition does not constitute a Serious Hazard; or 2) Existing conditions within structures built before March 1, 1959 or listed on the National Register of Historic structures, are exempted RECORD OF ORDINANCES Ordinance No. Inc. 86-04 Passed Page22o from this code unless the condition is deemed to be a Serious Hazard to the health, safety or welfare of the occupant(s). Section 103.1, Delete Section 103.2, Delete Section 106.4, Amend to read as follows: Any person who shall violate a provision of this code is guilty of a fourth degree misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.1, Amend to read as follows: Any person affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Dublin Board of Zoning Appeals. Section 111.2 through 111.8, Delete Amend the definition of Code Official to read as follows: Code Official: unless specifically identified shall mean the Chief Building Official of the City of Dublin. Add the following definition: Serious hazard: A hazard of considerable consequence to safety or health through the design, location, construction, or equipment of a building, structure or premises, or the condition thereof, which hazard has been established through experience, testing, or research to be of certain or probably consequence, or which can be determined to be, or which is obviously such a hazard. Section 302.4, Amend to read as follows: All premises shall be kept free from noxious weeds in accordance with the provisions of Chapter 95 of the Codified Ordinances of the City of Dublin. Section 304.14, Insert: April 1 to November 1. Section 602.3, Insert: October 1 to May 1. Section 602.4, Insert October 1 to May 1. Section 3. Changes to the Dublin Codified Ordinances. Section 150.999(B) and (C) Change: A misdemeanor of the fourth degree. Section 150.216(A). Insert: "or the International Property Maintenance Code" at the end of the first sentence. RECORD OF ORDINANCES Inc. 86-04 Pa 3 Ordinance No. Passed Section 4. That nothing in this Ordinance or in the International Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause of causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance. Section 5. Ordinance 72-98, which enacted the BOCA National Property Maintenance Code, Fifth Edition, 1996, is hereby repealed. Section 6. This Ordinance shall take effect and be in force on and from March 1, 2005. Signed: ~~ 0 ~ ,~ ' -C,-G~-e~Z~ Mayor -Presiding Officer i Attest: ._- ~ Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised<C~od,,e.~ /I,l~/~ ~ ~ ~~~~J~C,G(.Y . D~$uty Clerk of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway • Dublin, Ohio 43017-1006 Phone: 614-410-4400 • Fax: 614-410-4490 CITY OF DUBLIN TO: Members of the Dublin City Council Memo FROM: Jane S. Brautigam, City Manager ~e~c~„r~.~ .`.> , ~j,,Qt~. ~.,,._,,,~,.,~ DATE: December 13, 2004 --~ ~P r INITIATED BY: Bob Price, CBO/Director of Building Standards ~ ~ ~ - RE: UPDATES TO REFERENCED CODE DOCUMENTS - ORDINANCES 85-04, 86-04, 87-04 SUMMARY: The City has the ability to adopt by reference technical documents such as Building, Electrical, and Property Maintenance Codes. Adoption of the three attached ordinances, which the City has adopted by reference and consequentially enforces, will update the codes to the current edition of each. Ordinance 85-04 proposes to update the Residential Building Code from the 1999 Edition to the 2004 Edition. The base text of this document is the International Residential Code, a nationally promulgated code. Ordinance 86-04 proposes to update the Property Maintenance Code from a 1996 Edition to the 2003 Edition of the International Property Maintenance Code. Again, this document is a nationally promulgated code. Ordinance 87-04 proposes to update the National Electrical Code from the 2002 Edition to the 2005 Edition. The National Electrical Code is most commonly utilized electrical code in the country. The City of Dublin benefits in at least two ways by adopting current national codes for use in the City. First, the latest in technology and safety practice is represented in the content of these codes. Second, the cost of insurance in the community is affected by the codes, which a community adopts and enforces. To receive the best insurance ratings possible from ISO (an insurance rating service), a community must adopt and enforce the most current codes. The codes proposed in the attached three ordinances are the most current editions available for adoption. RECOMMENDATION: I recommend Council adopt Ordinances 85-04, 86-04 and 87-04 thereby updating the codes enforced in the City of Dublin to the most current editions available.