Chapter 1307: Building Permits


Cross references

  • Partition fences - see Ohio R.C. 971.02 et seq.
  • Construction of sidewalks, curbs and driveways - see S. & P. S. 903.03
  • Permit fees listed - see BLDG. Ch. 1309
  • Plumbers, electrical and heating contractor’s licensing - see BLDG. Ch. 1335
  • Toilet connections to sanitary sewers - see BLDG. 1343.02

1307.01   Building permits required; application; plans and drawings

Before proceeding with the construction, enlargement, alteration. repair or removal of any building or other structure, a permit shall be first obtained by the owner or his agent from the Building Inspector. Such permit must be obtained before the commencement of any work, including excavations, is performed on the premises in connection with any construction, enlargement, alteration, repair or removal of any building or other structure. The application shall be made in writing and upon printed forms furnished by the Inspector and shall, except for removals, be accompanied by a complete set of plans and working drawings conforming to the requirements of Chapter 1305. In addition to the above plans, and where heating equipment is to be installed, there shall be submitted, at the time of applying for a building permit, an approved set of heating plans in accordance with Section 1307.15. When plans and drawings are found to conform to the requirements of this Building Code and the Zoning Code, and such plans and drawings have been approved by the Architectural Board of Review as provided in Section 137.08 of the Administrative Code, the Inspector shall issue a permit, except as otherwise provided by ordinance or statute, which permit shall be effective for one year from the date of its issuance.
(Ord. 1955-350. Passed 10-10-55.)

Whenever any board, commission, or official (collectively “Approving Authority”) has been delegated the power to approve plans, issue permits and/or to approve development, construction, reconstruction or renovation of land, buildings or structures within the Village, such Approving Authority may impose conditions, so long as such conditions are in compliance with any applicable statutes, ordinance and standards, on such approval with such conditions that the Approving Authority believes are necessary to impose in order that the public health, safety, convenience, comfort and general welfare of the resident and the Village may be safeguarded and substantial justice done.
(Ord. 2022-19. Passed 6-13-22.)

1307.02   Issuance of permit; certification of compliance with zoning code

Before the issuance of a building permit, the Building Inspector shall certify in writing upon the plans, or attached thereto, that the building, alteration or repair proposed to be done thereunder will conform to all of the provisions of the Zoning Code, including, but not limited to, setback, side and rear yard requirements and height and floor space requirements.
(Ord. 1955-350. Passed 10-10-55.)

1307.03   Bonds

No building permit shall be issued unless and until the applicant for such permit deposits with the Director of Finance a cash bond in the amount of one thousand dollars ($1,000) as a guarantee that adequate protection will be provided and that no damage will be done to any curb, tree lawn, sidewalk, ditch or culvert in connection with the construction, enlargement, alteration, repair or removal of any building. Such deposit shall also guarantee that no dirt, mud, building material or other nuisance will be deposited or left upon the streets, sidewalks, tree lawns or in the ditches of the Municipality in connection with such construction, enlargement, alteration, repair or removal. If such damage, deposit or nuisance is not corrected or removed by the permittee, the Building Inspector shall charge the cost thereof to such depositor. In the event the sum so deposited is not sufficient to pay such cost and expense, the permittee or the owner of the property shall be liable to the Municipality for any balance remaining. Such deposit shall also be held by the Inspector as a guarantee that when any opening is made in any street or public ground or tree lawn in connection with the work performed pursuant to such permit, such permittee will promptly and at the proper time, or at such times as instructed by the Inspector, replace and restore the street, pavement, sidewalk, tree lawn or other public property over any such opening to as good a state and condition as found previous to opening the same. Such deposit shall be held for such purposes and also in accordance with the provisions of Section 1307.11 and the provisions of Chapter 901. Upon the completion of the work for which a permit has been granted, and when the Inspector is satisfied that all the conditions and requirements provided for herein have been satisfied, such deposit or any unused portion thereof may be returned to the permittee.

Where an application for a permit involves industrial or commercial construction, the Inspector may require a larger cash bond, not more than five thousand dollars ($5,000), commensurate with the size of buildings and the possible damage to public streets, subject to all of the provisions of this section.
(Ord. 2006-47. Passed 7-24-06.)

1307.04   Permit to erect part of building

The Building Inspector may require complete plans and specifications before issuing a permit for any part of contemplated work but nothing in this Building Code shall prevent the Inspector from issuing a permit for the erection of part of a building or structure, where the plans and detailed statements have been presented for the same, before the entire plans and detailed statements of such building or structure have been submitted, provided that a complete set of all such plans and working drawings as prescribed in Section 1307.01 is placed on file before the foundation wall is brought to grade or to a height to receive the first tier of beams, girders or joists.
(Ord. 1940-276. Passed 9-9-40.)

1307.05   Permits for superstructure

(Editor’s note: Former Section 1307.05 was repealed by Ordinance 1980-5, passed January 28, 1980.)

1307.06   Permits for minor interior repairs and alterations

(Editor’s note: Former Section 1307.06 was repealed by Ordinance 1980-5, passed January 28, 1980.)

1307.07   Water permit required

No permit for the construction, enlargement, alteration, repair or removal of any building or structure within this Municipality shall become effective until the right has been secured from the Chief Administrative Officer or other proper authority to use the water necessary for the work called for by such permit, or the necessary water has been otherwise properly contracted for. No person shall perform any of the work called for by such permit, except excavating, leveling or any operation not entailing actual construction, before water has been provided for as required herein.
(Ord. 1940-276. Passed 9-9-40.)

1307.08   Revocation of permit for delay

If construction work for which a building permit has been issued is not begun within thirty days after the date of the permit, the Building Inspector may, at his option, cancel the permit or serve notice in writing addressed to the individual or company to whom the permit was issued providing for such further notice to the Building Inspector as in his opinion may be necessary before starting work under the permit. Should work which has been started be delayed to such an extent, in the judgment of the Inspector, to justify similar notice regarding recommencing work, he may, at his option, issue notice in the manner provided for in this section. Failure on the part of those in charge of such work to comply with such notice shall be considered a violation of this Building Code. Should the delays, in the judgment of the Inspector, be such as to justify revocation of the permit, he may revoke the permit by written notice addressed as above.
(Ord. 1940-276. Passed 9-9-40.)

1307.09   Restoration upon permit revocation

Upon revocation of any building permit all street openings must be properly backfilled, pavements, sidewalks and tree lawns restored to the condition in which they were before work was begun and the site of the operations must be cleared of surplus dirt and refuse and restored to a condition acceptable to the Building Inspector. Upon failure of those responsible for the operations to make such repairs and restoration, the Inspector may use so much of the deposit made in connection with the issuing of the permits as, in his judgment, may be necessary to repair and restore the street and the site of the operation. Should the deposit be insufficient to complete the repairs and restoration, the Inspector may, upon authorization by Council, complete the repairs and restoration, in which event all costs and expenses, over and above the portion of the deposit used for this purpose, shall become a lien on the property described in the building permit.
(Ord. 1940-276. Passed 9-9-40.)

1307.10   Revocation for noncompliance

When, in the opinion of the Building Inspector, work is not being performed in accordance with approved plans and specifications, or when, in his opinion, materials or equipment delivered on the work do not conform to standards provided for in the plans and specifications, or when, in his opinion, workmanship, materials or equipment are not in conformity with the requirements of this Building Code, or when the manner of performing any of the work provided for in the permit is in violation of any ordinance or regulation of the Municipality, the Inspector may order the discontinuance of all work under the permit.

If the work is not immediately discontinued or corrected to the satisfaction of the Inspector, he may revoke the permit. In ordering discontinuance of work it shall be necessary only that notice be given to the individuals in immediate charge of the operation which is being improperly performed, or in which the unsatisfactory materials are being incorporated. If the permit is to be revoked, it shall be necessary only to mail notice of such revocation to the individual, firm or corporation in whose name the permit was issued, at the address named in the application for permit. Failure to comply with the orders of the Inspector or to discontinue operations immediately after the revocation of a permit shall be a violation of this Building Code.
(Ord. 1940-276. Passed 9-9-40.)

1307.11   Deposit to cover repairs

It shall be the duty of all those engaged in the work for which a building permit has been issued to take such precautions as the Building Inspector may request in the protection of municipal property, including pavements, curbing, tree lawns, trees, sidewalks and property of adjoining owners. Damage to municipal property not repaired within five days after notice to repair from the Inspector may be repaired in such manner as the Inspector may determine and the cost of such repairs may be deducted from the cash deposited as provided in Section 1307.03. Should the deposit be insufficient to cover such repairs and all other work for which it is security, and the resulting deficit is not paid into the Municipal Treasury within thirty days after completion of the work, such deficit shall become a lien on the property on which the construction work was authorized and shall be collected as other taxes are collected. A sum equivalent to five percent of the cost of repairs made on the authority and under the direction of the Inspector shall be deducted from the deposit to reimburse the Municipality for the time and expense involved. Failure to remove refuse and surplus materials from streets and from that portion of the land which is immediately adjacent to a public street, within thirty days after the substantial completion of work, shall constitute authorization to the Inspector to have such materials and refuse removed. The cost of such removal shall be assessed and collected in the manner provided for the making of repairs to municipal property.
(Ord. 1940-276. Passed 9-9-40.)

1307.12   Approval of water or sewer connections; underground water pipes

All water line connections and sanitary sewer connections shall be inspected and approved by the Chief Administrative Officer or his duly designated representative.

Underground water pipes between the curb connection and the meter shall be “Type K-Copper” only.
(Ord. 1957-420. Passed 12-28-57.)

1307.13   Driveway permits

Driveways shall be constructed in the manner specified by the Building Inspector. The elevations and grades of that portion of the driveway within the normal sidewalk limits must be such as to conform with the grade of the sidewalks which it adjoins and must provide a uniform grade. Construction within the limits of the sidewalk must conform to the requirements of Chapter 903 covering the construction of sidewalks. The entire construction must be such as not to provide a public hazard.
(Ord. 1940-276. Passed 9-9-40.)

1307.14   Curb cutting permit

Application for permission to cut curbs shall be made to the Chief Administrative Officer. Permits granted for the work shall specify the conditions under which the work is to be performed.
(Ord. 2009-64. Passed 11-9-09.)

1307.15   Heating installations

Before the installation of heating equipment or an alteration or addition thereto of any kind is commenced, there shall be submitted plans showing the heating installation and all details connected therewith, including the size and type of unit to be installed. These plans shall be subject to the approval of the Building Inspector and shall be so approved before the installation is begun. Plans shall be clearly marked and shall conform to the ordinances of this Municipality regulating heating.
(Ord. 1940-276. Passed 9-9-40.)

1307.16   Swimming pools

  1. (a) Before proceeding with the installation, construction or excavation for a permanent swimming pool, a permit shall first be obtained from the Building Inspector by the owner of the property upon which such swimming pool is to be installed, in accordance with the provisions of the Zoning Code and Building Code.

  2. (b) Before a swimming pool permit is issued, a plot plan shall be submitted showing the location of the swimming pool with respect to lot lines and buildings; there shall also be submitted a list of materials and a description of the method of construction and the dimensions of the pool.
    (Ord. 1959-466. Passed 9-14-59.)

  3. (c) (Editor’s note: Former subsection (c) was repealed by Ordinance 2019- 65, passed November 25, 2019.)

1307.17   Partition fence or wall

A building permit shall be obtained for any fence or wall.
(Ord. 1995-18. Passed 4-10-95.)

1307.18   Minor building permits

In all cases where repairs, alterations, additions or construction are of a minor, unimportant and nonextensive character and are of such nature that, in the judgment of the Building Inspector, public interest does not require inspection, a “minor building permit” shall be issued.

All operations involving less than 100 square feet of floor surface shall be embodied under this classification of minor building permits.

In such cases no fee shall be charged beyond a twenty dollar ($20.00) fee to cover the cost of making a record thereof and the time and detail involved in the issuance of a permit.

Mere replacements of material of a minor nature may be made and installed without any permit.
(Ord. 1980-5. Passed 1-28-80; Ord. 1990-79. Passed 10-8-90; Ord. 2005-28. Passed 6-13-05.)

1307.19   Preliminary plot plan required

In addition to all other requirements of the Building and Zoning Codes of the Municipality, the County and the State, each applicant for a permit to construct a new building or structure, or to remodel or reconstruct an existing building or structure wherein the existing grade of the lot or building is proposed to be changed, or any person seeking to change the grade of any property by more than three inches, shall submit to the Building Department a plot plan of the property, prepared by a registered engineer or a registered surveyor, where such proposed construction or reconstruction is or shall be situated, which plan shall show the following:

  1. (a) The existing elevation of the center line of the street;

  2. (b) The existing elevation of the top of the nearest street curb, if any;

  3. (c) The existing elevation of the top of the nearest portion of the sidewalk, if any;

  4. (d) The existing elevation at each corner of the lot;

  5. (e) The first or main floor elevation and location of adjacent buildings within 150 feet;

  6. (f) The elevations of the proposed finished grade of the lot on a suitable contour interval;

  7. (g) The proposed elevation of the first or main floor of the building and lawn grade at the building corners;

  8. (h) The foundation and/or slab elevation;

  9. (i) The bearings and lot dimensions, the lot and block number or lot and tract number, an arrow showing the north direction and the street name;

  10. (j) A reference bench mark established on some permanent object in the near vicinity which shall remain undisturbed during construction and available for elevation checks. The bench mark may be assumed as 100 feet where a municipal bench is not available;

  11. (k) The location and elevation of all existing and proposed sanitary sewers, water lines and storm sewers within or adjacent to the lot; and

  12. (l) Any other information that may be required by the Municipal Engineer to assure that the proposed building elevations and site grading are compatible with adjacent property and that positive drainage is achieved.
    (Ord. 1978-1129. Passed 10-23-78.)

1307.20   Final plot plan

Prior to filing an application for a certificate of occupancy under the Zoning Code, each applicant shall first file with the Building Inspector a final plot plan, which plot plan shall show the final grades of the improvement as constructed. Such plans shall be certified by a registered engineer or surveyor as to the accuracy of the plans depicting the actual construction and further certification that he has made actual field observation of as-built conditions and these conditions are as shown on the plans. The form of such certification shall be prescribed by the Municipal Engineer.
(Ord. 1978-1129. Passed 10-23-78.)

1307.21   Building inspector’s fees

The Building Inspector is hereby authorized and directed to charge applicants for building permits a fee based on the following schedule for each building permit application, in addition to the normal building permit fee, which fee shall be deposited in the General Fund of the Municipality:

  1. (a) Grade plan fee for single-family residential construction: two hundred fifty dollars ($250.00).

  2. (b) Grade plan fee for multi-family construction: two hundred fifty dollars ($250.00) per living unit.

  3. (c) Grade plan fee for commercial and industrial construction: actual cost incurred.

    The Building Inspector shall collect two hundred fifty dollars ($250.00) at the time of application for the building permit. The Municipal Engineer shall estimate the cost of grade plan review of which the applicant shall be informed; the applicant shall be directed to deposit the difference, if any, between the Municipal Engineer’s estimate and the applicant’s original payment which difference shall be paid prior to any issuance of the building permit. Any difference between the final cost of the grade plan review and the Municipal Engineer’s estimate shall be paid prior to the issuance of a certificate of occupancy.
    (Ord. 1933-53. Passed 12-12-83; Ord. 1990-79. Passed 10-8-90; Ord. 2005-28. Passed 6-13-05.)

1307.22   Amendment of plan to include method of drainage

In addition to the requirements contained in any other section of the Codified Ordinances or Building Code of the Municipality, wherever the plot plan filed under other sections of the Code fails to indicate a method of the positive draining of surface water from the lot, the Engineer shall notify the Building Department of such failure and may further recommend to such applicant and prescribe the method of drainage to be provided, which recommendation and prescription the applicant shall have incorporated into such plot plan and shall thereupon resubmit the plot plan so amended for approval.
(Ord. 1978-1129. Passed 10-23-78.)

1307.23   Appeals

  1. (a) Any person aggrieved by any order, requirement, determination, or any other action by the Village in relation to any provision of the Building Code of the Village of Chagrin Falls may appeal to the Board of Zoning Appeals within ten (10) days of such official action. Such an appeal shall be made in conformity with Chapter 1111 of the Planning and Zoning Code to the Board of Zoning Appeals. Written notice of appeal shall be served upon the Village by serving its Chief Administrative Officer. The right to appeal to the Board of Zoning Appeals from any action regarding the Building Code shall conform to the provisions contained in this section, even if there is another provision or regulation in the Building Code which authorizes appeals to the Board of Zoning Appeals.

  2. (b) The Chief Administrative Officer shall create one or more forms to be utilized by any person who intends to appeal to the Board of Zoning Appeals any order, requirement, determination or other action regarding the Building Code of Chagrin Falls, but the failure to provide such form or forms shall not prohibit or impede the right of any aggrieved person to file an appeal to the Board of Zoning Appeals so long as the aggrieved person provides a description of the action that it being appealed, the date of the official action, and any applicable Building Code provisions that are the subject of the appeal. The filing fee for any appeal to the Board of Zoning Appeals regarding the Building Code of Chagrin Falls shall be the same fee for any similar appeal to the Board of Zoning Appeals regarding the Planning and Zoning Code of Chagrin Falls.

  3. (c)

    1. (1) Whenever any appeal is made to the Board of Zoning Appeals from any provision, regulation, order, requirement, determination or any other action by the Village in relation to the Building Code, the standard of review for any appeal regarding an area regulation shall be the same as provided for area variances found in Section 1111.07(c) of the Planning and Zoning Code.

    2. (2) Whenever the appeal relates to seeking a variance from required construction materials or methods, the standard of review shall be as follows:

      1. (A) The variance was not self-created.

      2. (B) Relief will not violate the spirit of the Building Code.

      3. (C) The requested variance is the minimum necessary to avoid an unnecessary hardship.

      4. (D) Relief will not compromise or reduce (i) the health or safety of persons who will construct, occupy, inhabit, or visit such building or structure , or (ii) the health or safety of persons and property in the general vicinity of the property that is the subject of the appeal.

  4. (d) Whenever an appeal is taken to the Board of Zoning Appeals from a decision or interpretation of an official of the Village regarding the Building Code, alleging error by such official, the Board of Zoning Appeals may affirm, modify and affirm, or reverse such decision in the event that it determines the decision was illegal, arbitrary, capricious, unreasonable or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record.

  5. (e) Advice of Expert on Economic Feasibility. If, in reviewing a request for a variance, or an appeal alleging error by an official of the Village, relating to the Building Code, the Administrator or Chairman of the Board of Zoning Appeals determines that the advice of an expert in applying building codes or construction of buildings and structures is necessary to assist in the analysis of determining whether or not the variance request or any appeal alleging error is appropriate and if in applying the standard of review confirms that relief is appropriate, the Administrator shall engage an expert at the applicant’s expense, to provide such advice. The Administrator may require the applicant to deposit a sum estimated to cover the cost to have the expert provide such advice and attend any hearing or meeting.
    (Ord. 2020-38. Passed 9-14-20.)

1307.99   Penalty

(Editor’s note: See Section 1303.99 general Code penalty if no specific penalty is provided.)