PMC

The Village of Spencerville has adopted a set of Property Maintenance Codes. If you have any questions, regarding these codes contact Sean Chapman at 419-647-6263, between the hours of 8:00 a.m. to 3:30 p.m., Monday through Friday or by emailing him at pmc@spencervilleoh.com . If you would like to mail an anonymous complaint about a certain property, please fill out the complaint form and mail it to: Village of Spencerville, Attn: PMC,116 S. Broadway, Spencerville, Ohio 45887. These codes are subject to change without notice.

1402.02 DEFINITIONS.

As used in this PMC, the following words and terms shall have the meanings respectively ascribed them herein:

(1) Approved: Approved by the Code Official.

(2) Basement: That portion of a structure which is partly or completely below ground.

(3) Bathroom: A room containing plumbing fixtures, including but not limited to a bathtub, shower, sink or toilet.

(4) Building: Any structure occupied or intended for supporting or sheltering any occupancy, or any vacant structure.

(5) Building Code: The Building Code officially adopted by the legislative body of this jurisdiction, or other such codes officially designated by the legislative body of this jurisdiction for the regulation of construction, alteration, addition, repair, removal, demolition or location of the buildings or structures.

(6) Code Official: The Code Official is the Director of the PMC or any person duly authorized by him to administer or enforce the provisions of the PMC.

(7) Condemn: To determine as unfit for occupancy.

(8) Construction documents: All the written, graphic, or pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining a building permit. The construction drawings shall be drawn to an appropriate scale.

(9) Dormitory: A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.

(10) Dwelling: Any type of structure occupied or intended for occupancy by any person for purposes of living or sleeping therein, such as a dormitory, dwelling unit, hotel, one-family dwelling, rooming house, rooming unit, apartment house, or complex, condominium, duplex or two family dwelling.

(11) Dwelling unit: A single unit providing complete, independent living facilities for one or more persons including provisions for living, sleeping, eating, cooking and sanitation.

(12) Exterior property area: The open or unoccupied land of a premises, and any adjoining property under control of owners or operators of such premises.

(13) Extermination: The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating or trapping; or by any other approved past elimination methods.

(14) Family: An individual or married couple and the children thereof with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated persons, living together as a single housekeeping unit in a dwelling unit.

(15) Garbage: the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food or food products.

(16) Habitable space: Space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, and similar areas, are not considered habitable spaces.

(17) Hotel: Any building containing six or more guest rooms, intended or designed to be occupied, for sleeping purposes by guests.

(18) Infestation: The presence, within or contiguous to a structure or premises, of insects, rats, vermin, or other pests.

(19) Junk: “Junk” means any worn out, cast-off or discarded article, or material which is ready for disposal or destruction, or which has been collected or stored for salvage or conversion to some other use. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk. Portions of junk motor vehicles, such as hoods, fenders, radiators, rims, motors, etc., not being utilized for the repair of a motor vehicle, shall be considered junk.

(20) Let for occupancy or let: To permit possession or occupancy of a dwelling, building or structure by a person who is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement or contract for the land of sale.

(21) Occupancy: The purpose for which a structure or portion thereof is utilized or occupied.

(22) Occupant: Any person living or sleeping in a dwelling, building or structure, or having possession of a space therein.

(23) One-family dwelling: A building containing one dwelling unit.

(24) Openable area: That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoor.

(25) Operator: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

(26) Owner: Any person, agent, operator, firm, corporation or other legal entity having a legal or equitable interest in the property, or recorded in the official records of the state, county or municipality as holding legal title to the property, or otherwise having control of the property, including the guardian of the estate of any such person, a trustee, or receiver if ordered to take possession or control of real property by a court.

(27) Person: An individual , corporation, firm, partnership, trustee, receiver, joint venture or any other group or entity.

(28) Plumbing: The practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the plumbing code listed in Chapter 1426.

(29) Plumbing fixture: A receptacle or device which is either permanently or temporarily connected to the water distribution system of a premises and which demands a supply of water therefrom, or which discharges wastewater, liquid-borne waste materials or sewage either directly or indirectly to the drainage system of the premises, or which requires both a water supply connection and a discharge to the drainage system of the premises.

(30) Premises: A lot, plot, parcel, or area of land, including the interior and exterior of any structures thereon.

(31) Public nuisance: Includes any of the following, as may be determined by the Code Official:

(A.) The physical condition or occupancy of any premises regarded as a public nuisance at common law, or as determined by statute.

(B.) Any physical condition or occupancy of any premises or its appurtenances considered to be an attractive nuisance to children including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures.

(C.) Any premise that has unsanitary sewerage or plumbing facilities.

(D.) Any premise that is determined to be unfit for human habitation.

(E.) Any premise that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecured so as to endanger life, limb or property.

( F.) Any premises from which the plumbing, heating, or facilities required by this PMC have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or for which the required precautions against trespassers have not been provided.

(G.) Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has uncontrolled growth of weeds.

(H.) Any structure that is in a state of dilapidation, deterioration or decay; that has faulty construction; that is overcrowded; that is open, vacant or abandoned; that is damaged by fire to such an extent that it does not provide shelter; that is in danger of collapse or failure; or that is dangerous to anyone in or near the premises.

(32) Registered design professional: An architect or engineer, registered or licensed to practice professional architecture or engineering, as defined by the statutory requirements of the professional registration laws of the state in which the project is to be constructed.

(33) Rooming house: A building arranged or occupied for lodging for compensation, and not occupied as a one-family dwelling or a two-family dwelling.

(34) Rooming unit: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living.

(35) Rubbish: Combustible or noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood, coal, coke or other combustible materials and shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials.

(36) Structure: That which has been, or is being, built or constructed, or a portion thereof.

(37) Toilet room: A room containing a toilet or urinal, but not a bathtub or shower.

(38) Two-family dwelling: A building containing two dwelling units.

(39) Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

(40) Weeds:

(A.) “Weeds” are all grasses, annual plants and vegetation, other than trees, shrubs and cultivated flowers and gardens.

(B.) “Noxious or harmful weeds or vines” means ragweeds, goldenrod, burdock, yellow dock, thistles, wild carrot, and any other weed or vegetable which exhales offensive or noxious odors or from which there is carried by the wind injurious, offensive or annoying pollen, dust, down, seed or particle, or which may conceal filthy deposits.

(41) Workmanlike: Executed in a generally acceptable and skilled manner, e.g. generally plumb, level, square, in line, undamaged and without marring adjacent work.

(42) Yard: An open area of land on the same premises with a structure, or vacant premises.

CHAPTER 1404

General Provisions and Administration

1404.01 Title. 1404.21 Identification.

1404.02 Purposes. 1404.22 Coordination and Enforcement;

1404.03 Intent. 1404.23 Rule-making authority.

1404.04 Referenced standards. 1404.24 Organization.

1404.05 Existing remedies. 1404.25 Restriction on employees.

1404.06 Workmanship. 1404.26 Relief from personal Responsibility.

1404.07 Application of other codes.

1404.08 Severability. 1404.27 Unlawful acts.

1404.09 Saving clause. 1404.28 Prosecution

1404.10 Maintenance required. 1404.29 Notice to owner or to person

1404.11 Approved materials and equipment. 1404.30 Form.

1404.12 Modifications. 1404.31 Method of Service.

1404.13 Records 1404.32 Transfer of ownership.

1404.14 Material and equipment re-use. 1404.33 Appeals.

1404.15 Alternative materials and equipment. 1404.34 Administrative action.

1404.16 Research and investigations. 1404.35 Court review.

1404.17 Authority of Code Official generally. 1404.36 Responsibility of owner.

1404.18 Authority of Code Official re notices 1404.99 Penalty and orders

1404.20 Access by owner or operator.

1404.01 TITLE.

This Part Fourteen of this PMC shall be known as the Property Maintenance Code of Spencerville, Ohio, hereinafter referred to as “this Code” or the “PMC”.

1404.02 PURPOSES.

The purposes of this Code are to protect the public health, safety and welfare in all existing structures, residential and nonresidential, 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 safe and sanitary maintenance; to fix the responsibility of owners, operators, and occupants; to regulate the occupancy of existing structures and premises; and to provide for administration, enforcement and penalties.

1404.03 INTENT.

This Code shall be construed so as to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with this Code shall be altered or repaired to provide a minimum level of health and safety required herein.

1404.04 REFERENCED STANDARDS.

The standards referenced in this Code and listed in Chapter 1426 shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the provisions of referenced standards, the provisions of this Code shall apply.

1404.05 EXISTING REMEDIES.

The provisions of this Code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe or unsanitary.

1404.06 WORKMANSHIP.

All repairs, maintenance work, alterations and installations which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner.

1404.07 APPLICATION OF OTHER CODES.

Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provision of the building, plumbing and mechanical codes and NfiPA 70 listed in Chapter 1426.

1404.08 SEVERABILITY.

If any section, subsection, paragraph, sentence clause or phrase of this Code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Code are hereby declared to be severable.

1404.09 SAVING CLAUSE.

This Code shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be removed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.

1404.10 MAINTENANCE REQUIRED.

All equipment, systems, devices and safeguards required by this Code or a previous statute or code for a structure or premises when erected or altered shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.

1404.11 APPROVED MATERIALS AND EQUIPMENT.

All materials, equipment and devices approved by the Code Official shall be constructed and installed in accordance with such approval.

1404.12 MODIFICATIONS.

Where there are practical difficulties involved in carrying out structural or mechanical provisions of this Code, the Code Official shall have the right to vary or modify such provisions upon the application of the owner or the owner’s representative, provided that the spirit and intent of the law is observed and that the public health, safety and welfare are assured.

1404.13 RECORDS.

The application for modification and the final decision of the Code Official shall be in writing and shall be officially recorded in the permanent records of the Spencerville Mayor’s Office.

1404.14 MATERIAL AND EQUIPMENT RE-USE.

Materials, equipment and devices shall not be re-used unless such elements have been reconditioned, tested and placed in good and proper working condition and approved.

1404.15 ALTERNATIVE MATERIALS AND EQUIPMENT.

The provisions of this Code are not intended to prevent the installation of any material or construction not specifically prescribed by this Code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved when the Code Official finds that the proposed design is satisfactory and complies with the intent of this Code, and that the material, method of work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety.

1404.16 RESEARCH AND INVESTIGATIONS.

Sufficient technical data shall be submitted to substantiate the proposed installation of any material or assembly. If it is determined that the evidence submitted is satisfactory proof of performance for the purposed installation, the Code Official shall approve such alternative, subject to the requirements of this Code. The cost of all tests, reports and investigations required under this Code shall be paid by the applicant.

1404.17 AUTHORITY OF CODE OFFICIAL GENERALLY.

The Code Official shall enforce all the provisions of this Code.

1404.18 AUTHORITY OF CODE OFFICIAL RE-NOTICES AND ORDERS.

The Code Official shall issue all necessary notices and orders to ensure compliance with this Code.

1404.20 ACCESS BY OWNER OR OPERATOR.

Every occupant of a structure or premises shall give the owner or operator thereof, or his agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspections, maintenance, repairs or alterations as are necessary to comply with the provisions of this Code.

1404.21 IDENTIFICATION.

The Code Official shall carry proper identification when inspecting structures or premises and otherwise when in the performance of duties under this Code.

1404.23 RULE-MAKING AUTHORITY.

The Code Official shall have power, as necessary in the interest of the public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret, implement and enforce the provisions of this Code, to secure the intent thereof, and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance specifically provided for in this Code or of violating accepted engineering practice involving public safety.

1404.24 ORGANIZATION.

The Code Official shall appoint such a number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this Code and as authorized by the appointing authority. The Code Official is authorized to designate an employee as deputy who shall exercise all the powers of the Code Official during the temporary absence or disability of the Code Official. As authorized by the appointing authority.

1404.25 RESTRICTION ON EMPLOYEES.

An official or employee connected with the enforcement of this Code shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents, unless that person is the owner of the building, nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the Spencerville Mayor’s Office.

1404.32 TRANSFER OF OWNERSHIP.

No owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served shall sell, transfer, mortgage, lease or otherwise dispose of the unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility, without condition, for making the corrections or repairs required by such compliance order or notice of violation.

1404.33 APPEALS.

Any person adversely affected by a ruling order of the Code Official may file an appeal with the Board of Building Appeals. The appeal shall be in writing, shall state the reasons for the appeal, and shall be received by the Board no later than ten (10) days from the date of the ruling or order of the Code Official. The Board shall hear the appeal in the manner required by law.

1404.34 ADMINISTRATIVE ACTION.

The Code Official shall take immediate action accordance with the decision of the Board Of Building Appeals.

1404.35 COURT REVIEW.

Any person adversely affected by a ruling or order of the Board of Building Appeals, including the Code Official, shall have the right to appeal to the appropriate court in the manner and time required by law following the filing of the decision of the Board in the Spencerville Mayors office.

1404.36 RESPONSIBILITY OF OWNER.

Unless otherwise specifically stated in this Code, the owner of a premises is ultimately responsible for any violation of this Code.

1404.99 PENALTY.

(a) Any person who violates a provision of this Code shall, upon conviction thereof, be subject to the following penalties:

(1) For a first conviction a minor misdemeanor, and shall be fined from Spencerville Mayor’s court, not more than ($100.00) plus court costs.

(2) For a second conviction, a misdemeanor of the fourth degree, and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both.

(3) For a third conviction, a misdemeanor of the third degree, and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both.

(4) For a fourth conviction, a misdemeanor of the second degree, and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both.

(5) For a fifth or subsequent conviction, a misdemeanor of the first degree, and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than six months, or both.

(b) A separate offense shall be deemed committed each day during or on which a violation occurs or continues after due notice has been served.

CHAPTER 1406

General Requirements for Exterior Property Areas

1406.01 Sanitation. 1406.09 Weeds.

1406.02 Infestation. 1406.10 Notice to cut; service.

1406.03 Grading and drainage. 1406.11 Failure to comply after notice.

1406.04 Sidewalks and driveways. 1406.12 Prosecution despite cutting.

1406.05 Removal of snow and ice from sidewalks. 1406.13 Tree and branches overhanging streets.

1406.06 Barricades and warning lights; abandoned excavations 1406.14 Motor Vehicles

1406.07 Exhaust vents. 1406.15 Parking vehicles and trailers containing junk.

1406.08 Storage and accumulation of junk 1406.16 Prohibition against junk motor and similar materials on private

vehicles; exceptions. property, notice to remove.

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1406.01 SANITATION.

All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean, safe and sanitary condition. Nothing herein shall abrogate the ultimate responsibility of the owner, as set forth in Section 1404.36.

1406.02 INFESTATION.

All structures and exterior property areas shall be kept free from rat, vermin, insect or other pest infestation. Where rats, vermin, insects or other pests are found, they shall be promptly removed or exterminated by approved processes which will not be injurious to human health. After removal or extermination, proper precautions shall be taken to prevent re-infestation.

(c) The form of such notice shall comply with the provisions of Section 1404.30 and shall be served in accordance with Section 1404.31.

(d) If the person to whom a notice is directed fails to comply with the requirements of the notice, the Code Official shall cause such offending articles and/or materials to be removed from the premises and may employ necessary labor to perform such task. All expenses shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor. The expenses shall consist of the following:

(1) All direct costs for the removal of such items; plus

(2) The costs for preparing and serving all notices; plus

(3) An administrative fee of one hundred dollars ($100.00)

(e) In the event that the owner or other appropriate person fails to pay such expenses within thirty days after being notified in writing , by regular U.S. mail, of the amount thereof by the Code Official, the expenses set forth in subsection (d) hereof may be collected using one or more of the following methods, provided, however, that the expenses may be collected only once:

(1) Such expenses may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or

(5) The Village Solicitor is authorized to bring suit and take other necessary legal action to collect all such expenses.

(f) The remedies provided in this section shall be in addition to the penalty provided in Section 1404.99 and any other remedy allowed by law.

1406.09 WEEDS.

(a) The owner or occupant of any premises shall maintain such premises and exterior property free from grass and/or weeds in excess of eight inches.

(b) The owner or occupant of any premises shall maintain such premises and exterior property free from all noxious or harmful weeds or vines. In excess of eight inches.

1406.10 NOTICE TO CUT; SERVICE.

(a) Upon information that noxious or harmful weeds or vines or grass or weeds in excess of the maximum allowable height, are growing on land within the Village, the Code Official shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land notifying him that noxious or harmful weeds or vines, or grass or weeds in excess of the maximum allowable height, are growing on such land that they must be cut and destroyed within five days after the service of such notice.

(b) The form of such notice shall comply with the provisions of Section 1404.30 and shall be served in accordance with Section 1404.31.

1406.11 FAILURE TO COMPLY AFTER NOTICE.

(a) If the person to whom the notice referred in Section 1406.10 is directed fails to comply with the terms of such notice, the Code Official shall cause such noxious and harmful weeds or vines, or grass or weeds in excess of the maximum allowable height, to be cut and destroyed and may employ the necessary labor to perform such task. All expenses shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor. The expenses shall consist of the following:

(1) All direct costs for the cutting and/or destruction of the noxious or harmful weeds or vines, or grass or weeds; plus,

(2) The cost for preparing and serving all notices; plus

(3) An administrative fee of one hundred dollars ($100.00).

(4) Costs for injuries to employees

(5) Costs for damages to equipment.

(b) In the event that the owner or other appropriate person fails to pay such expenses within thirty (30) days after being notified in writing , by regular U.S. mail, of the amount thereof by the Code Official, the expenses set forth in subsection (a) may be collected using one or more of the following methods, provided however the expenses may only be collected once:

(2) The Village Solicitor is authorized to bring suit and take other necessary legal action to collect all such expenses.

(c) The remedies provided in this section shall be in addition to the remedies available in Section 1404.28 and the penalty provided in Section 1404.99.

1406.12 PROSECUTION DESPITE CUTTING.

The cutting and destroying of noxious or harmful weeds or vines, or grass or weeds in excess of the maximum allowable height, by the owner, occupant or other person having charge of the land in question, pursuant to the requirements of the notice provided for in Section 1406.10 shall not constitute a bar to prosecution.

1406.13 TREE BRANCHES OVERHANGING STREETS.

The branches of all shade or ornamental trees located on private property within the Village limits shall not be allowed to grow nearer than sixteen feet to the line of the established grade of the street or within sixteen feet from the surface of the earth upon any street upon which a grade has not been established. The branches of trees extending downward to a point nearer than sixteen feet to the surface of the earth upon any street where there is no established grade, are hereby declared to be a nuisance and the owners of the abutting lot or land shall cause the same to be removed or such nuisance shall be abated according to law.

1406.14 MOTOR VEHICLES.

(a) Except as provided for in the Zoning Ordinance for the Village of Spencerville, not more than one currently unregistered or uninspected motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.

(b) No motor vehicle shall be parked, kept, or stored on any non-paved or non-asphalted or non stoned portion of the front or side yard of any premises.

(c) This section shall not apply to a vehicle under major mechanical repair or overhaul, including body work, provided that such work is performed inside a structure which is appropriate to be used for such purposes in accordance with zoning, building, fire, or other applicable codes.

1406.15 PARKING OF VEHICLES AND TRAILERS CONTAINING JUNK.

No person shall place, park, stop or stand, in or upon any highway, street, alley or private property within the Village, any vehicle or trailer upon or in which is deposited, collected, stored or maintained any junk, except when the person in charge or control of such vehicle or trailer is in the actual and immediate act of loading or unloading junk upon, in or from the vehicle or trailer. As used in this section, “vehicle” and “trailer” shall have the same definitions as provided in the Zoning Ordinance for the Village of Spencerville.

1406.16 PROHIBITION AGAINST JUNK MOTOR VEHICLES; EXCEPTIONS.

(a) For the purpose of this section, the following definitions shall apply:

(1) “Junk motor vehicle” means any motor vehicle meeting any three of the following criteria:

A. Five years or older

B. Partially dismantled.

C. Inoperable.

D. Fair market value of less than three hundred dollars ($300.00).

CHAPTER 1408

General Requirements for Exterior Structure

1408.01 In general. 1408.10 Handrails and guards.

1408.02 Street numbers. 1408.11 Window and door frames.

1408.03 Structural members. 1408.12 Insect screens.

1408.04 Foundation walls. 1408.13 Doors.

1408.05 Exterior walls. 1408.14 Basement hatchways.

1408.06 Roofs and drainage. 1408.15 Guards for basement windows.

1408.07 Decorative features. 1408.16 Accessory structures.

1408.08 Overhang extensions.

1408.09 Chimneys and towers.

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1408.01 IN GENERAL.

The exterior structure shall be maintained in good repair, structurally sound and sanitary, so as not to pose a threat to the public, health, safety or welfare.

1408.02 STREET NUMBERS.

Each structure to which a street number has been assigned shall have such a number displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in Arabic numerals at least three inches (76mm) high and one-half inch (13mm) stroke.

1408.03 STRUCTURAL MEMBERS.

All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

1408.04 FOUNDATION WALLS.

All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rats, pests or other animals.

1408.05 EXTERIOR WALLS

All exterior walls shall be free from holes, breaks and loose or rotting materials and shall be maintained weatherproof and properly surface-coated where required to prevent deterioration.

1408.06 ROOFS AND DRAINAGE.

The roof and flashing shall be sound, tight and not have defects to admit rain. Gutters and downspouts shall be used to collect roof water drainage and shall be maintained in a tight, leak proof condition adequate to prevent dampness and deterioration in the foundation, walls, or interior portion of the structure. Roof water drainage shall not be discharged in a manner that creates a public or private nuisance.

1408.07 DECORATIVE FEATURES.

All cornices, belt courses, corbels, terra cotta trim, wall facing and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

1408.08 OVERHANG EXTENSIONS.

All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

1408.09 CHIMNEYS AND TOWERS.

All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment.

1408.10 HANDRAILS AND GUARDS.

Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

1408.11 WINDOW AND DOOR FRAMES.

(a) Every window, door and frame shall be kept in sound condition, good repair and weather-tight.

(b) All glazing materials shall be maintained free from cracks and holes.

(c) Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

1408.12 INSECT SCREENS.

(a) Every door, window and other outside opening utilized or required for ventilation purposes, serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than sixteen mesh per inch and every swinging door shall have a self-closing device in good working condition.

(b) Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided that other approved means, such as air curtains or insect repellant fans, are employed.

1408.13 DOORS.

All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door.

1408.14 BASEMENT HATCHWAYS.

Every basement hatchway shall be maintained to prevent the entrance of rats, pests or other animals, rain and surface drainage water.

1408.15 GUARDS FOR BASEMENT WINDOWS.

Every basement window that is openable shall be supplied with shields, storm windows or other approved protection against the entry of rats, pests or other animals.

1408.16 ACCESSORY STRUCTURES.

All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

CHAPTER 1416

Unsafe Structures and Equipment

1416.01 In general. 1416.05 Notice.

1416.02 Structure unfit for human occupancy. 1416.06 Placarding.

1416.03 Unlawful structure. 1416.07 Prohibited occupancy.

1416.04 Closing of vacant structures. 1416.08 Removal of placard.

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1416.01 IN GENERAL.

When a structure or equipment is found by the Code Official to be unfit for human occupancy, or is found to be unlawful, such structure shall be condemned pursuant to the provisions of this Code.

1416.02 STRUCTURE UNFIT FOR HUMAN OCCUPANCY.

A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unsecured, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

1416.03 UNLAWFUL STRUCTURE.

An unlawful structure is one found in whole or in part to be occupied by more persons than are permitted under this Code, or that was erected, altered or occupied contrary to law.

1416.04 CLOSING OF VACANT STRUCTURES.

(A) If a structure is vacant and unsecured, or unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed through any available public agency or by contact or arrangement with private persons, and the cost thereof shall be collected in accordance with subsection (C) hereof.

(B) In the event the Code Official determines that a vacant and unsecured structure poses an immediate danger to the safety or well being of the public or any person, then the Code Official is authorized to immediately cause said structure to be closed and secured, without prior notice to the owner or other appropriate person. The expense therefor shall be the responsibility of the owner of the premises.

(C) In the event that the owner or other appropriate person fails to pay the expenses for the work performed pursuant to subsection (B) hereof, within thirty days after being notified in writing, by regular U.S. mail, of the amount thereof by the Code Official, such expenses may be collected by using one or more of the following methods, provided, however, that the expenses may only be collected once:

(2) The Village Solicitor is authorized to bring suit and take other necessary legal action to collect all such expenses.

(D) No structure which has been closed under this section, or which otherwise has been closed or boarded-up by any other person, shall remain closed or boarded-up for a period longer than six (6) months. The repair shall result in openings secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type. Any owner of or other person legally responsible for a structure who fails to repair any doors, windows, or other openings which are boarded up or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type, and who fails to cause the structure to be in compliance with this Property Maintenance Code, after the expiration of said six (6) month period shall be guilty of a fourth degree misdemeanor.

1416.05 NOTICE.

Whenever the Code Official has condemned a structure or equipment under the provisions of this chapter, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 1404.31. The notice shall be in the form prescribed in Section 1404.30.

1416.06 PLACARDING

Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment, a placard bearing the word “condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

1416.07 PROHIBITED OCCUPANCY.

Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment, shall be subject to the penalties provided in this Code.

1416.08 REMOVAL OF PLACARD.

The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided in this Code.

CHAPTER 1418

Light, Ventilation and Occupancy

1418.01 Scope. 1418.11 Clothes dryer exhaust.

1418.02 Responsibility of owner. 1418.12 Occupancy limitations; privacy.

1418.03 Alternative devices. 1418.13 Access from sleeping rooms.

1418.04 Light in habitable places. 1418.14 Area for sleeping purposes.

1418.05 Light in common halls and stairways. 1418.15 Toilet accessibility.

1418.06 Light in other spaces. 1418.16 Overcrowding.

1418.07 Ventilation in habitable spaces. 1418.17 Combined Spaces.

1419.08 Ventilation in bathrooms and toilet 1418.18 Prohibited occupancy rooms.

1418.19 Minimum ceiling heights. 1419.09 Ventilation for cooking facilities.

1418.20 Minimum room widths.

1419.10 Process ventilation. 1418.21 Food preparation.

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1418.01 SCOPE.

The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for the occupancy of a structure.

1418.02 RESPONSIBILITY OF OWNER.

The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with the requirements of this chapter. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.

1418.03 ALTERNATIVE DEVICES.

In lieu of the means for natural light and ventilation described in this chapter, artificial light or mechanical ventilation complying with the Building Code listed in Chapter 1426 shall be permitted.

1418.04 LIGHT IN HABITABLE SPACES.

Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable space, shall be eight percent of the floor area of the room, except in the kitchens where artificial light is provided in accordance with the provisions of the Building Code listed in Chapter 1426. Wherever walls or other portions of a structure face a window of any room, and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.

1418.05 LIGHT IN COMMON HALLS AND STAIRWAYS

Every common hall and stairway, other than in one and two-family dwellings, shall be lighted at all times with at least a sixty-watt standard incandescent light bulb or equivalent for each 200 square feet (19m2) of floor area, provided that the spacing between lights shall not be greater than thirty feet (9,144 mm). Every exterior stairway shall be illuminated with a minimum of one footcandle (11 lux) at floors, landings and treads.

1418.06 LIGHT IN OTHER SPACES.

All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, the safe occupancy of the space and the utilization of the appliances, equipment and fixtures.

1418.07 VENTILATION IN HABITABLE SPACES.

Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least forty-five percent of the minimum glazed area required in Section 1418.04.

1418.08 VENTILATION IN BATHROOMS AND TOILET ROOMS.

Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces set forth in Section 1418.07, except that a window shall not be required in spaces equipped with a mechanical ventilation system that complies with the following:

(a) Air exhausted by a mechanical ventilation system from a bathroom within a dwelling unit shall be exhausted to the exterior and shall not be recirculated to any space, including the space from which such air is withdrawn.

(b) Air exhausted by a mechanical ventilation system from all other bathrooms or toilet rooms shall be exhausted to the exterior without recirculation to any space, or not more than eighty-five percent of the exhaust air shall be recirculated where the system is provided with the effective absorption and filtering equipment.

1418.09 VENTILATION FOR COOKING FACILITIES.

Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit, except where specifically approved in writing by the Code Official.

1418.10 PROCESS VENTILATION

Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated into any space.

1418.11 CLOTHES DRYER EXHAUST

Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer’s instructions.

1418.12 OCCUPANCY LIMITATIONS; PRIVACY.

Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.

1418.13 ACCESS FROM SLEEPING ROOMS.

Sleeping rooms shall not constitute the only means of access to other sleeping rooms or habitable spaces, except in dwelling units that contain fewer than two bedrooms.

1418.14 AREA FOR SLEEPING PURPOSES.

Every room occupied for sleeping purposes by one occupant shall contain at least seventy square feet (7 m2) of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least fifty square feet (5 m2) of floor area for each occupant thereof.

1418.15 TOILET ACCESSIBILITY.

Every bedroom shall have access to at least one toilet and one lavatory without passing through another bedroom.

1418.16 OVERCROWDING.

Dwelling units shall not be occupied by more occupants than are permitted by the minimum occupancy area requirements of Table 1418.16.

Table 1418.16

Minimum Occupancy Area Requirements

Minimum occupancy area in square feet (b)

Space 1-2 occupants 3-5 occupants 6 or more

Living Room(a) No requirements 120 150

Dining room(a) No requirements 80 100

Kitchen 50 50 60

Bedrooms Shall comply with Section 1418.14

Note a. See Section 1418.17 for combined living room/dining room spaces.

Note b. 1 square foot = 0.093 m2.

1418.17 COMBINED SPACES.

Combined living room and dining room spaces shall comply with the requirements of Table 1418.16 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

1418.18 PROHIBITED OCCUPANCY.

Kitchens, non-habitable spaces and interior public areas shall not be occupied for sleeping purposes.

1418.19 MINIMUM CEILING HEIGHTS.

Habitable spaces, other than kitchens, shall have a clear ceiling height of not less than seven feet, four inches (2,235 mm). Hallways, corridors, laundry areas, bathrooms, toilet rooms and kitchens shall have a clear ceiling height of not less than seven feet (2,134 mm).

(b) The requirements of subsection (a) hereof shall not apply to the following conditions:

(1) Beams or girders spaced not less than four feet (1,219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling height, provided that the minimum clear height is not less than six feet, eight inches (2,033 mm).

(2) Dropped or furred ceilings over not more than one-half of the minimum floor area required by this Code, provided that no part of such dropped or furred ceiling is less than seven feet (2,134 mm) in height.

(3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2,134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a ceiling height of five feet (1,524 mm) or more shall be included.

(4) Basement rooms in one and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet, eight inches (2,033 mm) with not less than six feet, four inches (1,932 mm) of clear height under beams, girders, ducts and similar obstructions.

CHAPTER 1422

Mechanical and Electrical Requirements

1422.01 Scope. 1422.12 Combustion air.

1422.02 Responsibility of owner. 1422.13 Energy conservation devices.

1422.03 Heating facilities required. 1422.14 Electrical facilities required.

1422.04 Residential buildings; heat supply; exceptions. 1422.15 Service

1422.05 Nonresidential structures. 1422.16 Electrical system hazards.

1422.06 Room temperature measurement. 1422.17 Installation of electrical Equipment.

1422.07 Mechanical equipment. 1422.18 Receptacles.

1422.08 Cooking and heating equipment. 1422.19 Lighting fixtures.

1422.09 Flues. 1422.20 Maintenance of elevators, escalators and dumbwaiters.

1422.10 Clearances. 1422.21 Elevators required.

1422.11 Safety controls.

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1422.01 SCOPE.

The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided in any premises.

1422.02 RESPONSIBILITY OF OWNER.

The owner of a structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with this Code. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.

1422.03 HEATING AND FACILITIES REQUIRED.

Heating facilities shall be provided in structures as required by this chapter.

1422.04 RESIDENTIAL BUILDINGS; HEAT SUPPLY; EXCEPTIONS.

(a) Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of sixty-five degrees Fahrenheit (eighteen degrees Centigrade) in all habitable rooms, bathrooms and toilet rooms based on the outside design temperature required for the locality by the Mechanical Code listed in Chapter 1426.

(b) Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitories or guest rooms on terms, either express or implied, which provide for furnishing heat to the occupants thereof, shall supply sufficient heat to maintain the room temperatures specified in subsection (a) hereof during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than sixty degrees Fahrenheit (sixteen degrees Centigrade) during other hours.

(c) When the outdoor temperature is below the outdoor design temperature required for the locality by the Mechanical Code listed in Chapter 1426, the owner or operator shall not be required to maintain the minimum room temperatures, provided that the heating system is operating at full capacity, with supply valves and dampers in a full open position.

1422.05 NONRESIDENTIAL STRUCTURES.

(a) Every enclosed occupied work space shall be supplied with sufficient heat to maintain a temperature of not less than sixty-five degrees Fahrenheit (eighteen degrees Centigrade) during all working hours.

(b) Subsection (a) hereof shall not apply to the following:

(1) Processing, storage and operation areas that require cooling or special temperature conditions; and

(2) Areas in which persons are primarily engaged in vigorous physical activities.

1422.06 ROOM TEMPERATURE MEASUREMENT.

The required room temperatures shall be measured at a point three feet (914 mm) above the floor and three feet (914 mm) from the exterior walls.

1422.07 MECHANICAL EQUIPMENT.

All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing their intended function.

1422.08 COOKING AND HEATING EQUIPMENT.

All cooking and heating equipment, components and accessories in every heating, cooking and water-heating device shall be maintained free from leaks and obstructions.

1422.09 FLUES.

All fuel burning equipment and appliances shall be connected to an approved chimney or vent, except for fuel burning equipment and appliances which are labeled by the manufacturer for unvented operation.

1422.10 CLEARANCES.

All required clearances from combustible materials shall be maintained.

1422.11 SAFETY CONTROLS.

All safety controls for fuel-burning equipment shall be maintained in effective operation.

1422.12 COMBUSTION AIR.

A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided for the fuel-burning equipment.

1422.13 ENERGY CONSERVATION DEVICES.

Devices purporting to reduce fuel consumption by attachment to a fuel burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless they are labeled for such purpose and the installation is specifically approved.

1422.14 ELECTRICAL FACILITIES REQUIRED.

Every occupied building shall be provided with an electrical system in compliance with the requirements of Sections 1422.15 through 1422.19.

1422.15 SERVICE.

The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NfiPA 70 listed in Chapter 1426. Every dwelling shall be served by a main service that is not less than 100 amperes, three wires.

1422.16 ELECTRICAL SYSTEM HAZARDS.

Where it is found that the electrical system in a structure constitutes a hazard to the occupants of the structure, or to the structure, by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation , deterioration or damage, or similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.

1422.17 INSTALLATION OF ELECTRICAL EQUIPMENT.

All electrical equipment, wiring appliances shall be properly installed and maintained in a safe and approved manner.

1422.18 RECEPTACLES.

Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle. Every bathroom shall contain at least one receptacle.

1422.19 LIGHTING FIXTURES.

Every public hall, interior stairway, toilet compartment, bathroom, laundry room and furnace room shall contain at least one electric lighting fixture.

1422.20 MAINTENANCE OF ELEVATORS, ESCALATORS, AND DUMBWAITERS.

Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly and to be free from physical and fire hazards.

1422.21 ELEVATORS REQUIRED.

In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.

CHAPTER 1424

General Requirements for Fire Safety

1424.01 Scope. 1424.20 Maintenance of fire protection Systems.

1424.02 Responsibility of owner.

1424.03 Means of egress in general. 1424.21 Fire suppression systems.

1424.04 Exit capacity. 1424.22 Control valves.

1424.05 Number of exits; exception. 1424.23 Sprinklers.

1424.06 Arrangement. 1424.24 Piping.

1424.07 Exit signs. 1424.25 Standpipe systems.

1424.08 Corridor enclosure; exceptions. 1424.26 Water supply and control Valves.

1424.09 Dead-end travel distance.

1424.10 Aisles. 1424.27 Hose connections.

1424.11 Stairways, handrails, and guards. 1424.28 Hose packing.

1424.12 Information signs. 1424.29 Fire extinguishers.

1424.13 Locked doors. 1424.30 Smoke detectors, installation; power source, tampering.

1424.14 Locks permitted. 1424.31 Fire protective signaling

1424.15 Emergency escapes. 1424.32 Records of tests and inspections

1424.16 Accumulations. 1424.33 Elevator recall required.

1424.17 Hazardous materials. 1424.34 Smoke and heat detection.

1424.18 Maintenance of fire resistance ratings. 1424.35 Venting of heaters and burners.

1424.19 Maintenance of fire doors and smoke barriers. 1424.36 Air pollution.

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1424.01 SCOPE.

The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.

1424.02 RESPONSIBILITY OF OWNER.

The owner of the premises shall provide and maintain fire safety facilities and equipment in compliance with this Code. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.

1424.03 MEANS OF EGRESS IN GENERAL.

A safe, continuous and unobstructed means of egress shall be provided from the interior of a structure to a public way.

1424.04 EXIT CAPACITY.

The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the Building Code listed in Chapter 1426.

1424.05 NUMBER OF EXITS; EXCEPTION.

(a) In nonresidential buildings, every occupied story more than six stories above grade shall be provided with not less than two independent exits. In residential buildings, every story exceeding two stories above grade shall be provided with not less than two independent exits. On stories where more than one exit is required, all occupants shall have access to at least two exits. Every occupied story which is both totally below grade and greater than 2,000 square feet shall be provided with not less than two independent exits.

(b) A single exit is acceptable under any one of the following conditions:

(1) Where the building is equipped throughout with an automatic sprinkler system and an automatic fire detection system, with smoke detectors located in all corridors, lobbies and common areas.

(2) Where the building is equipped throughout with an automatic fire detection system and the exit is approved smoke proof enclosure or pressurized stairway.

(3) Where an existing fire escape conforming to the Building Code listed in Chapter 1426 is provided in addition to a single exit.

(4) Where permitted by the Building Code listed in Chapter 1426.

1424.06 ARRANGEMENT.

Exits from dwelling units, rooming units, guest rooms, and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms.

1424.07 EXIT SIGNS.

All means of egress shall be indicated with approved “Exit” signs where required by the Building Code listed in Chapter 1426. All “Exit” signs shall be maintained visible and illuminated “Exit” signs shall be illuminated at all times that the building is occupied.

1424.08 CORRIDOR ENCLOSURE; EXCEPTIONS.

(a) All corridors serving an occupant load greater than thirty, and the openings therein, shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or shall be self-closing.

(b) Corridors in occupancies in other than Use Group H, which are equipped throughout with an automatic sprinkler system, are exempt from the requirements of subsection (a) hereof.

(c) Patient room doors in corridors in occupancies in Use Group I-2, where smoke barriers are provided in accordance with the Fire Prevention Code listed in Chapter 1426, are not required to be self-closing.

(d) Corridors in occupancies in other than Use Group E, where each room that is occupied for instruction or assembly purposes has at least one-half of the required means of egress doors opening directly to the exterior of the building at ground level, are exempt from the requirements of subsection (a) hereof.

(e) Corridors that are in compliance with the Building Code listed in Chapter 1426 are exempt from the requirements of subsection (a) hereof.

1424.09 DEAD-END TRAVEL DISTANCE.

All corridors that serve more than one exit shall provide direct connection to such exits. The length of a dead-end corridor shall not exceed thirty-five feet (10,688 mm) where the building is not equipped throughout with an automatic sprinkler system. The dead-end travel distance limitation shall be increased seventy-five feet (21,336 mm) where the building is equipped throughout with an automatic sprinkler system.

1424.10 AISLES.

Arrangements of chairs or tables and chairs shall provide for ready access by aisle access ways and aisles to each egress door. The minimum clear width of each aisle in occupancies in Use Groups A, E and I-2 shall be maintained in accordance with the requirements of the Building Code listed in Chapter 1426. In all other occupancies, aisles shall have a minimum required clear width of forty-four inches (1,118 mm) where serving an occupant load greater than fifty, and thirty-six inches (914 mm) where serving an occupant load of fifty or less. The clear width of aisles shall not be obstructed by chairs, tables, or other objects.

1424.11 STAIRWAYS, HANDRAILS AND GUARDS.

Every exterior and interior flight of stairs having more than four risers, and every open portion of a stair, landing or balcony which is more than thirty inches (762 mm) above the floor or grade below, shall have guards. Handrails shall not be less than thirty inches (762 mm) nor more than forty-two inches (1,067 mm) high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than thirty inches (762 mm) high above the landing or balcony.

1424.12 INFORMATION SIGNS.

A sign shall be provided at each floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels shall be marked with approved signs in accordance with the requirements for new buildings in the Building Code listed in 1426. An emergency sign shall not be required for elevators that are part of accessible means of egress complying with the Building Code listed in Chapter 1426.

1424.13 LOCKED DOORS.

All means of egress shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except as provided for in Section 1424.14.

1424.14 LOCKS PERMITTED.

Locks or fasteners shall not be installed on egress doors except in the following circumstances:

(a) In mental, penal or other institutions where the security of inmates is necessary, locks are permitted, provided that properly trained supervisory personnel shall be continuously on duty and approved provisions are made to remove occupants safely in case of fire or other emergency.

(b) In problem security areas, special purpose door alarms or locking devices are permitted if they are approved prior to installation. Manually operated edge or surface molded flush bolts are prohibited.

1424.15 EMERGENCY ESCAPES.

Every sleeping room located in a basement in an occupancy in use Group I-1 or R shall have at least one openable window or exterior door approved for emergency egress or rescue, or shall have access to not less than two approved independent exits. This section shall not apply, however, to buildings equipped throughout with an automatic fire suppression system.

1424.16 ACCUMULATIONS.

Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress.

1424.17 HAZARDOUS MATERIALS.

Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags shall not be accumulated, or stored unless such storage complies with the applicable requirements of the Building Code and the Fire Prevention Code listed in Chapter 1426.

1424.18 MAINTENANCE AND FIRE RESISTANCE RATINGS.

The fire resistance ratings of floors, walls, ceilings and other elements and components shall be maintained.

1424.19 MAINTENANCE OF FIRE DOORS AND SMOKE BARRIERS.

All required fire doors and smoke barriers shall be maintained in good working order, including all hardware necessary for the proper operation thereof. Fire doors shall not be held open by door stops, wedges and other unapproved hold-open devices.

1424.20 MAINTENANCE OF FIRE PROTECTION SYSTEMS.

All systems, devices and equipment to detect a fire, actuate an alarm or suppress or control a fire, or any combination thereof, shall be properly maintained.

1424.21 FIRE SUPPRESSION SYSTEMS.

Fire suppression systems shall be in proper operating condition at all times.

1424.22 CONTROL VALVES.

Control valves shall be in the fully open position.

1424.23 SPRINKLERS.

Sprinklers shall be clean and free of corrosion, paint and damage. Stock shall be at least eighteen inches (457 mm) below sprinkler deflectors.

1424.24 PIPING.

Piping shall be properly supported and shall not support any other loads.

1424.25 STANDPIPE SYSTEMS.

Standpipe systems shall be in proper operating condition at all times.

1424.26 WATER SUPPLY CONTROL VALVES.

Water supply control valves shall be in the fully open position.

1424.27 HOSE CONNECTIONS.

Hose connections shall be identified and have ready access thereto.

1424.28 HOSE PACKING.

Where provided, hose shall be properly packed, dry and free from deterioration.

1424.29 FIRE EXTINGUISHERS.

All portable fire extinguishers shall be visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type.

1424.30 SMOKE DETECTORS; INSTALLATION; POWER SOURCE; TAMPERING.

(a) A minimum of one approved single-station or multiple-station smoke detector shall be installed in each guest room, suite or sleeping area in occupancies in Use Groups R-1 and B-1 and in dwelling units in the immediate vicinity of the bedrooms in occupancies in Use Groups R-2 and R-3. In all residential occupancies, smoke detectors shall be required on every story of the dwelling unit, including basements. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke detector on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one story below the upper level.

(b) All detectors shall be installed in accordance with the Building Code listed in Chapter 1426. When actuated, the smoke detectors shall provide an alarm suitable to warn the occupants within the individual room or dwelling unit.

(c) The power source for smoke detectors shall be either an AC primary power source or a monitorized battery primary power source.

(d) Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this Code.

1424.31 FIRE PROTECTIVE SIGNALING SYSTEMS.

(a) Fire protective signaling systems shall be in proper operating condition at all times.

(b) The “power on” indicator of the control panel shall be lit. Alarm or trouble indicators shall not be illuminated.

(d) All automatic fire detectors shall be operational and free from any obstructions that prevent proper operation, including smoke entry.

1424.32 RECORDS OF TESTS AND INSPECTIONS.

A complete written record of all tests and inspections of fire protection systems shall be maintained on the premises by the owner or occupant in charge of said premises.

1424.33 ELEVATOR RECALL REQUIRED.

All elevators having a travel distance of twenty-five feet (7,620 mm) or more above or below the primary level of elevator access for emergency fire-fighting or rescue personnel shall conform to the requirements of Rule 211.3 of ASME A17.1 listed in Chapter 1426.

1424.34 SMOKE AND HEAT DETECTION.

Approved smoke or heat detectors shall be installed in return air ducts or plenums in each recirculating air system serving more than one floor in buildings that exceed six stories in height in accordance with the Mechanical Code listed in Chapter 1426. Actuation of the detector shall stop the fan(s) automatically and shall be of the manual- reset type. Automatic fan shutdown is not required where the system is part of an approved smoke control system.

1424.35 VENTING OF HEATERS AND BURNERS.

(a) A brazier, salamander, space heater, room heater, furnace, water heater or other burner or heater using wood, coal, coke, fuel oil, kerosene, gasoline, natural gas, liquid petroleum gas or similar fuel, and tending to give off carbon monoxide or other harmful gases:

(1) When used in living quarters, or in any enclosed building or space in which persons are usually present, shall be used with a flue or vent so designed, installed and maintained as to vent the products of combustion outdoors, except in storage, factory or industrial buildings which are provided with sufficient ventilation to avoid the danger of carbon monoxide poisoning.

(2) When used as a portable or temporary burner or heater at a construction site, or in a warehouse, shed or structure in which persons are temporarily present, shall be vented as provided in subsection (a) hereof, or used with sufficient ventilation to avoid the danger of carbon monoxide poisoning.

(b) This section does not apply to domestic ranges, laundry stoves, gas logs installed in a fireplace with an adequate flue, or hot plates, unless the same are used as space or room heaters.

(c) No person shall negligently use, or, being the owner, person in charge, or occupant of premises, negligently permit the use of, a burner or heater in violation of the standards for venting and ventilation provided in this section.

(d) Subsection (a) hereof does not apply to any kerosene-fired space or room heater that is equipped with an automatic extinguishing tip-over device, or to any natural gas-fired or liquid petroleum gas-fired space or room heater that is equipped with an oxygen depletion safety shutoff system, and that has its fuel piped from a source recognized by the State Fire Marshal in the State Fire Code adopted by him under Ohio R.C. 3737.82

(e) The State Fire Marshal may make rules to ensure the safe use of unvented kerosene, natural gas or liquid petroleum gas heaters exempted from the requirements of subsection (a) hereof when used in assembly buildings, business buildings, high-hazard buildings, institutional buildings, mercantile buildings and type R-1 and R-2 residential buildings, as these groups of buildings are defined in rules adopted by the Board of Building Standards under Ohio R.C. 3781.10. No person shall negligently use, or, being the owner, person in charge or occupant of premises, negligently permit the use of, a heater in violation of any rules adopted under this subsection.

(f) The State Fire Marshal may make rules prescribing standards for written instructions containing ventilation requirements and warning of any potential fire hazards that may occur in using a kerosene, natural gas or liquid petroleum gas heater. No person shall sell or offer for sale any kerosene, natural gas or liquid petroleum gas heater unless the manufacturer provides with the heater written instructions that comply with any rules adopted under this subsection.

(g) No product labeled as a fuel additive for kerosene heaters and having a flash point below 100 degrees Fahrenheit or 37.8 degrees Centigrade shall be sold, offered for sale or used in any kerosene space heater.

(h) No device that prohibits any safety feature on a kerosene, natural gas or liquid petroleum gas space heater from operating shall be sold, offered for sale or used in connection with any kerosene, natural gas or liquid petroleum gas space heater.

(i) No person shall sell or offer for sale any kerosene-fired, natural gas or liquid petroleum gas-fired heater that is not exempt from the requirements of subsection (a) hereof unless it is marked conspicuously by the manufacturer on the container with the phrase “Not Approved For Home Use.”

(j) No person shall use a cabinet-type, liquid petroleum gas-fired heater having a fuel source within the heater, inside any building, except as permitted by the State Fire Marshal in the State Fire Code adopted by him under Ohio R.C. 3737.82.

1424.36 AIR POLLUTION.

(a) The emission of dense smoke within the village from any open fire; from the smokestack or chimney of any building or premises, other than private residences housing not more than two families, except for the period of or periods aggregating six times or less in any one hour at a time when the fire box is being cleaned out or a new fire being built therein; or from the stack of any locomotive for a period in excess of one continuous minute after such locomotive is ready for service; of a density equal to or of greater density than No. 2 smoke, as defined by the Ringelmann Chart, on file in the office of the Mayor, which is incorporated herein by reference, is prohibited.

(b) The emission of dense smoke in violation of subsection (a) hereof is hereby declared to be a nuisance and may be summarily abated by the Mayor, the Fire Chief or any one whom they authorize for such purpose. Such remedy shall be in addition to any other penalty provided for in this Code.