Chapter 1321: Village of Chagrin Falls Residential Code for One-, Two- and Three-Family Dwellings

Sections

Cross references

  • Adoption by reference - see Ohio R.C. 731.231
  • Authority to regulate and inspect building construction, alteration, sanitation, etc. - see Ohio R.C. 715.26 et seq.
  • State building regulations do not prevent municipalities from making further regulations - see Ohio R.C. 3781.01
  • Building standard provisions of Ohio Revised Code - see Ohio R.C. 3781.01 et seq.

1321.01   Definitions

As used in this chapter, the following terms shall have the following definitions:

  1. (a) “State Code” shall mean the Residential Code of Ohio, adopted by rule at Ohio Administrative Code 4101:8 by the Ohio Board of Building Standards, or current equivalent if the title or rules are renamed or renumbered.

  2. (b) “Village Code” shall mean the “Village of Chagrin Falls Residential Code for One-, Two- and Three-Family Dwellings”, a chapter of the Codified Ordinances of the Village of Chagrin Falls (the “Village”) which is enacted to govern construction of residential buildings within the Village. The Village Building Department will not be required to be certified by the Ohio Board of Building Standards in order to enforce the Village Code, and the State Code will, unless the Village Building Department becomes certified, not be applicable within the Municipal Corporation limits of the Village by operation of Ohio R.C. 3781.10(A)(2).
    (Ord. 2006-57. Passed 9-25-06; Ord. 2021-07. Passed 1-25-21.)

1321.02   Intent

It is the intent of the Village Council, as the legal authority which best knows the conditions of and affecting residential buildings within Village, to fully exercise all of its constitutionally granted powers of local self government and such police powers as do not conflict with general laws of the State of Ohio, for the protection of the health, safety and welfare of the residents of the Village. Accordingly, the Village is adopting the Village Code, which shall be substantially identical to the State Code, but which will be enforced under the Village’s police powers granted by Article XVIII, Section 3 of the Ohio Constitution. Other provisions of the Village Codified Ordinances shall continue in full force and effect, so long as they do not conflict with any general law of the State of Ohio.
(Ord. 2006-57. Passed 9-25-06.)

1321.03   Adoption of the village code

Pursuant to Ohio R.C. 731.231, there is hereby adopted by the Council of the Village of Chagrin Falls, Ohio, and incorporated by reference for the purpose of regulating the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of one, two- and three- family dwellings in the Village, the substance of that certain code known as the Residential Code of Ohio for One-, Two- and Three-family Dwellings, adopted by rule at Ohio Administrative Code 4101:8, or its current equivalent, as adopted by the Ohio Board of Building Standards, which shall serve as the model code being particularly adopted and incorporated as if fully set forth herein; for purposes of plan review and enforcement it shall be considered as and referred to as the “Residential Code of the Village of Chagrin Falls for One-, Two- and Three- family Dwellings” (or “Village Code”). The Village Administrator shall maintain a current copy of the State Code (as adopted under law), for purposes of reference in determining the current law of the Village, but no municipal official shall enforce the State Code.
(Ord. 2006-57. Passed 9-25-06.)

1321.04   Interpretation

The Village Code is intended to incorporate, substantially, the substantive provisions of the current State Code. In the event other chapters of the Village Building or Fire Codes have requirements which are not required by the State of Ohio, such requirements are mandatory unless they conflict with a general law of the State of Ohio. In the event of a conflict, the general law of the State of Ohio shall prevail.
(Ord. 2006-57. Passed 9-25-06.)

1321.05   Enforcement personnel

No person shall be authorized to interpret or enforce the Village Code unless that person holds current certification as either an International Code Council (I.C.C.) Residential Building Inspector, or certified as a Residential Building Inspector by the Ohio Board of Building Standards. Any person appointed to the Building Department without either of these certifications is required to obtain a minimum of one (1) year of experience working under the supervision of the Village Building Inspector, or Building Inspector contractor who contracts to perform such services, and such appointee must then obtain a minimum of the I.C.C. Residential Building Inspector certification within one (1) year from the date of appointment, before they can be a Building Inspector, and until then shall hold the position of trainee. Persons who have been certified to enforce the State Code may enforce the Village Code, but such personnel are not required to be certified by the State as Residential Building Inspectors by the Ohio Board of Building Standards. All personnel employed to interpret and enforce the Village Code shall obtain such additional and continuing training as the Mayor or the Chief Administrative Officer deems reasonable and necessary, and which is funded by an appropriation by the Village Council.
(Ord. 2021-07. Passed 1-25-21.)

1321.06   Electrical service

  1. (a) The electrical contractor shall install code approved galvanized conduit of the rigid type, rigid nonmetallic conduit or other suitable raceway, at a minimum burial depth of twenty- four inches below finished grade, for all electric service laterals.

  2. (b) The electrical contractor shall provide permanently installed ground- fault circuit- interrupter of the Class A Group I Type for personnel protection, for any installation of temporary electric power.
    (Ord. 2006-57. Passed 9-25-06.)

1321.99   Penalty

Whoever violates the provisions of this chapter shall be guilty of a misdemeanor of the third degree, punishable by a fine of up to five hundred dollars ($500.00) or imprisoned up to sixty days, or both.
(Ord. 2006-57. Passed 9-25-06.)