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45-83 Ordinance REVISED , , - 1" 273 RECORD OF ORDINANCES National Graphics Corp., Cols., O. ..., Form No, 2806-A . 12. t:. 'V \ S '<:.1.> Ordinance NO'm_.i:i~.f..--2m - Passed.n.n_.n.....n nn......n......m. ....19.m.. --~ AN ORDINANCE ADOPTING A NEW DWELLING CODE, PRESCRIBING REGULATIONS GOVERNING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ONE, TWO, AND THREE FAMILY STRUCTURES IN THE VILLAGE OF DUBLIN; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ORDINANCE NO. 8-75 ADOPTED FEBRUARY 17, 1975 TOGETHER WITH ALL AMENDMENTS THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the Village of Dublin Building Code was adopted in 1975, and WHEREAS, to update the Village of Dublin Building Code and to modernize the Village of Dublin Building Code as it relates to residential units, it is deemed advisable to adopt by reference the "CABO one and two family dwelling code, 1983 edition of Nationally Recognized Model Code", and WHEREAS, it is deemed necessary in order to provide for the daily operation of a municipal department of the Village of Dublin, the Village Council finds that an emergency now exists and that it is advisable to declare this Ordinance to be an emergency measure and to take. effect immediately upon its adoption, NOW, THEREFORE BE IT_ORDAINED by the Council of the Village of Dublin, State of Ohio, "7 of the elected members concurring, that: SECTION 1. Adoption of One, Two and Three Family Code, there is hereby adopted by reference, the CABO one and two family dwelling code, first edition 1983 of the Nationally Recognized Model Codes, which shall be known as the one, two and three family dwelling code for the Village of Dublin, save and except such portions as are herein after deleted, modified or amended by Sections 2, 3, 4, 5, and 6 of this Ordinance, of which code one copy has been and is now filed in the office of the Clerk of the Village Council, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the Village of Dublin, Ohio. SECTION 2. That the CABO one and two family dwelling code) 1983 edition Chapter 1, Section R-101, be amended as follows: "TITLE" SECTION R-101 These provisions shall be known as the "One, Two, and Three Family Dwelling Code", may be cited as such, and will be referred to herein as "this code". SECTI ON 3. That the CABO One and Two Family Dwelling Code, 1983 Edition, Chapter 2, Section R-202, Table No. R-202, be amended and changed to add the following items to Table R-202: Roof Live Load Ibs. per sq. ft. - 20 Roof Snow Load Ibs. per sq. ft. - 20 Wind Pressure in Ibs. per sq. ft. - 20 Seismic Condition by Zone - 1 Subject to Damage from Weathering-No-Frost Line Depth 36" Subject to Damage from Termite - Mod. - Decay - No. ., - . 433 RECORD OF ORDINANCES National Graphics Corp.: COls.,- O. ..... Form No. 2806-A Ordinance No. ...m' mm"m'" Passed ....m'. ...._u_."'" ..____........19. Page Two SECTION 4. That the CABO One and Two Family Dwelling Code, 1983 Edition, Chapter 2, Section R.210.2 be amended as follows: The garage shall be completely separated from the residence and its attic area by means of five eighths (5/8) inch gypsum "fire rated" board or equivalent applied to the garage side. SECTION 5. That the CABO One and Two Family Dwelling Code, 1983 Edition, Chapter 2, Section R-219 be amended as follows: Dwelling Units in two and three family dwellings shall be separated from each other by wall and/or floor assemblies of not less than one (1) hour fire resistance rating when tested in accordance with standard specified in Chapter 26. Fire resistance rated floor ceiling and wall assemblies shall extend to and be tight against the exterior wall, and wall assemblies shall extend to the underside of the roof sheathing. A. R-810-Wood Shakes R-810.4 - Below Windows. No windows from occupied spaces shall have non-rated wood shingles or hand-split shakes below their op enings. Hand-split shakes used in these areas to be treated, fire retardant shakes, or shingles. SECTION 6. That the CABO One and Two Family Dwelling Code, 1983 Edition be amended and changed to delete Chapter 20, Part V, and Chapters 21, 22, 23, 24, and 25 in their entirety. SECTION 7. Fire Damaged or Deteriorated Structures. Whenever any structure in the Village of Dublin shall have become damaged by fire or deterioration, the extent to which in the judgement of the Chief of the Fire Department and/or the Building Official, exceeds fifty percent (50%) of the value of the structure and same shall be judged unsafe and dangerous, such structure shall be condemned and orders issued to either repair or demolish the structure. When ordered to be repaired, the work must be completed within a reasonable period of time, specified on a building permit, and if not completed, such structure may be ordered demoli shed. SECTI ON 8. Abatement If the person served with a notice or order to remove or repair an unsafe or dangerous structure should fail, within a reasonable time, to comply with the requirements thereof, the Building Official shall advise the Village Law Director of all the facts in the case, and shall institute an appropriate action in the courts to compel a compliance. SECTI ON 9. Fees. No permit as required by this Ordinance shall be issued until the fee prescribed in this Ordinance shall have been paid, nor shall an amendment to a permit be approved until the additional fee, if any, shall have been p ai d . The following schedule of fees shall prevail: A. For a one, two or three family dwelling and addition and altera- tions thereto, not more than two stories in height: minimum fee twenty eight dollars ($28.00) plus eleven dollars ($11.00) for each five hundred square feet or fraction thereof in excess of one thousand square feet. B. Garages and accessory buildings in residential areas including attached carports and swimming pools: minimum fee fifteen dollars ($15.00) for the first five hundred square feet. Over fi ve hundred, but not over one thousand square feet, the fee shall be thirty dollars ($30.00) plus eleven dollars ($11.00) for each fi ve hundred square feet or fraction thereof in excess of one thousand square feet. C. The area shall be the gross area based upon dimensions out to out of building walls. Basement areas not finished and attic areas shall not be included in the gross area. , ~ RECORD OF ORDINANCES 55 National Graphics Corp..-co~O. ~ Form No, 2806.A Ordinance No, n....nn.on.. Passedn...nn... n..'nnnn......... .,,19.n Page Three D. Heating, ventilating and air-conditioning fees. 1 . Heating - New Installations: the fee for new installations shall be ten dollars ($10.00) for areas up to and including one thousand square feet, the fee shall be ten dollars ($10.00) plus five dollars ($5.00) for each five hundred square feet or fraction thereof in excess of one thousand square feet. The area shall be the gross floor area. 2. Replacement or re-installation: for replacement or re- installation of any heating system, ventilating or air conditioner the fee shall be twelve dollars ($12.00) plus seventy cents ($.70) for each new outlet, if any. The maximum permit fee to be charged shall be thirty-five dollars ($35.00). Where alternations consist only of the addition warm-air outlets the fee shall be one dollar ($1.00) for each outlet, with a minimum fee of twelve ($12.00). 3. Electric Radiant Panel Heaters: for each radiant panel the fee shall be one dollar and fifty cents ($1.50) per panel, with a minimum fee of nine dollars ($9.00). The maximum fee for anyone dwelling shall be thirty dollars ($30.00). 4. Air Conditioning: for all installations as specified in the "Mechanical Refrigeration Schedule" for the refrigeration cycle plus one dollar ($1.00) for each air inlet or outlet. The maximum fee for each air conditioning unit system with cuct work or indirect system with remote air units shall be two hundred dollars ($200.00). Where alterations consist of air outlets only, a fee of one dollar ($1.00) each shall be charged for each outlet with a minimum fee of fifteen dollars ($15.00). Mechanical Refrigeration Schedule Fees for each condensing unit together with one evaporator and one water-saving device shall be as follows, whether applied to self- contained systems or remotely installed systems. Up to one-third horsepower $ 4.00 One third to one horsepower 5.75 One to five horsepower 10.00 Five to fifteen horsepower 19.00 Fifteen to thirty horsepower 28.50 Thirty to fifty horsepower 38.00 Fifty to seventy horsepower 56.00 Seventy horsepower and above 75.00 In addition thereto, fees for the following shall be in addition to the above: Each additional remote evaporator $ 2.00 Each additional remote evaporator condenser 6.00 Each additional water cooling tower 6.00 Where work for which a permit is required has commenced prior to the issuance of a permit, unless such commencement was due to an emergency, the fee shall be doubled. SECTION 10. Fee schedule for wrecking permits, shoring permits sidewalk and street occupancy, moving permits, certificate of occupancy and plan inspection. A. Wrecking permit fees: 1 . No fee shall be charged for a permit to wreck any building containing 800 square feet or less. 2. The fee for building over 800 square feet and less than 2000 square feet shall be fifteen dollars ($15.00). 3. The fee for building or structures over 2000 square feet shal be thirty dollars ($30.00). . ORDINANCES 63 RECORD OF National Graphics Corp., Cols., o~-~ Form No. 2806-A Ordinance No, n....,..nn.......... Passed...... ....... m 'n..n."''''''' .........19.. .. Page Four B. Shoring permit fees: the fee for shoring a building or structure or any part thereof shall be eight dollars ($8.00) plus one dollar ($1.00) for each one hundred square feet of wall or floor area shored. C. Sidewalk and street occupancy: the fee to occupy public property for a period of each four months or fraction thereof shall be sixteen dollars ($16.00). D. Moving permit fee: the fee for moving a building or structure shall be twelve dollars ($12.00) plus one dollar ($1.00) per five hundred square feet on structures over five hundred square feet in area. Structures eight feet or less in width and not over five hundred square feet do not require a permit. Build- ings and or structures moved shall not exceed a height of fourteen feet when ready to go on the streets or roads. E. Marquees and Canopies: the fee for each marquee or canopy permit shall be one dollar ($1.00) for each square foot of exterior vertical surface. F. Certificate of occupancy: the fee for a certificate of occupancy shall be eight dollars ($8.00). The fee for a certificate of partial occupancy, for the use of a portion or portions of a building or structure, prior to the completion of the entire building or structure, shall be five dollars ($5.00). G. Plan inspection fee: the fee for plan inspection for any work for which a permit is required by this Ordinance shall be fifteen dollars ($15.00). SECTION 11. Exemptions. The Village of Dublin,the Counties of Franklin, Delaware, and Union; the Townships of Washington, Perry, Jerome and Concord; the State of Ohio, the Local Board of Education, and the United States of America shall be exempt from the paying of any building permit fee but each such govern- mental body shall fully comply with the remaining provisions of this Ordinance. SECTION 12. Residential and Private Swimming Pools. A building permit is required for a swimming pool (or pool) over three (3) feet in depth and the following standards are to be met: A. Submission of a plot plan showing necessary setbacks and yard requirements. Setbacks and yard requirements, including pool and deck, are the greater of those required by the Zoning Code or three (3) feet from rear yard property line and ten (10) feet from the main building; and they shall not be placed within a required front or side yard. B. Pool area or yard must be fenced per the requirements in Section 1309.05 of the Codified Ordinances of the Village of Dublin. C. Pools shall be graded to contain water on property for which permit is issued and so as not to harm adjacent property. D. Design, construction and workmanship shall be in accordance with accepted engineering practices. E. Electrical wiring and equipment shall comply with the National Electrical Code; and electrical permit for grounding and other electrical equipment is required. F. State Health Board approval is required for commercial pools. ~ vl...' RECORD OF ORDINANCES 67 National Graphics Corp., coJs::"O. '-" Form No, 2806-A Ordinance No,....................... Passed...... .,.................",.. ...19.... Page Five SECTION 13. Penalties. A. Any person who shall violate any of the provisions of this Ordinance or fails to comply therewith, or who shall violate or fail to comply with any order made there under, or who shall build in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, be guilty of a minor misdemeanor punishable by a fine of not more than one hundred dollars ($100.00). Each day that such violation continues shall constitute a separate offense. B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 14. Severability. The provisions of this Ordinance are severable and if any provision hereof or the application of any provision under particular circumstances be held unconstitutional, the remaining provisions or their application in other circumstances shall in no way be affected or impaired. It is hereby declared to be the intent of the Village Council that this Ordinance would have been adopted had such unconstitutional provision not been included herein. SECTION 15. That Ordinance No. 8-75 passed by the Village Council of the Village of Dublin, Ohio on February 17, 1975, together with all other Ordinances and parts thereof inconsistent herewith are hereby repealed. SECTION 16. That for the reasons set forth in the preamble hereto, this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare and shall take effect immediately upon its passage and due authentication by the Mayor and the Clerk of Council and become operative as of January 1, 1984. ~) c~ /U /. Passed thi s / 7 -- day 0 f b~-'-rn./tA....L/1...-/, 1983. ATTEST: ~ . ~' vA/~ Cl rk of counc1i7 I hereby certify that copies of this Ordinance/Resolution vtere po~tcd i.n the in!J?C of G:t~iin, in accoidance With S~ction 731):) of the G'i.a RSllSCO 1,2C,c. 1i~h~0 )7 7) f.L1 ~0C~ -clerk of Council