4101:8-1-02 Applicability.

102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of state or federal law. An approval by the board of building standards of any fixture, device, material, system, assembly or product of a manufacturing process, or method or manner of construction or installation shall constitute approval for their use anywhere in Ohio.

102.2.1 Rules of the board. The rules of the board of building standards shall supersede and govern any order, standard, or rule of the division of the fire marshal or industrial compliance in the department of commerce, and the department of health and of counties and townships, in all cases where such orders, standards or rules are in conflict with the rules of the board of building standards, except that rules adopted and orders issued by the fire marshal pursuant to Chapter 3743. of the Revised Code prevail in the event of a conflict.

102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Unless specified otherwise in this code, reference in adopted sections to the term “International Residential Code” shall be changed to “residential code”; reference to “International Fire Code” shall be changed to “fire prevention code”; and reference in design and construction provisions to “one-and two-family dwellings” shall be changed to “one-, two-, and three-family dwellings.” Because the “International Code Council” has placed design and construction information throughout its model code documents, including into the fire prevention code, any referenced code requirements relating to the design, construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of every building or structure within the scope of this code, shall be enforced by the residential building official. Where differences occur between provisions of this code and referenced standards listed in Chapter 43, the provisions of this code shall apply.

102.5 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions thereof, and it shall be presumed that this code would have been adopted without such illegal or invalid parts or provisions.

102.6 Existing structures. The provisions of section 115 shall control the alteration, repair, addition, and change of occupancy of any existing structure. The occupancy of any structure currently existing on the date of adoption of this code shall be permitted to continue without change provided the alleged occupancy can be shown to have existed and there are no orders of the building official pending, no evidence of fraud, or no serious safety or sanitation hazard. Buildings constructed in accordance with plans which have been approved prior to the effective date of this code are existing buildings.

102.7 Non-required work. Any component, building element, equipment, system or portion thereof not required by this code shall be permitted to be installed provided that it is constructed or installed in accordance with this code to the extent of the installation.

102.7.1 Fire protection systems. Non-required fire protection systems shall be installed in accordance with Chapter 9 of the OBC to the extent of the intended installation.

102.7.2 Elevators and Lifts. When a non-required elevator is intended to be installed, it shall be designed and installed in accordance with the residential elevator provisions in Chapter 10 of the ANSI A117.1 listed in Chapter 35 of the OBC. Non-required platform (wheelchair) lifts shall be designed and installed in accordance with ASME A18.1 listed in Chapter 35 of the OBC.

Effective: 05/27/2006

R.C. 119.032 review dates: 05/27/2011

Promulgated Under: 119.03

Statutory Authority: 3781.10(A)

Rule Amplifies: 3781.10, 3781.11, 3791.04