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Ohio Laws and Rules
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, or change the occupancy of a residential building or structure, or portion thereof, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, plumbing system, other residential building service equipment, or piping system the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required approval.
105.2 Work exempt from approval. Approvals shall not be required for the following. Exemption from the requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
Building:
1. One-story detached accessory structures, provided the floor area does not exceed two hundred square feet (18.58 m2).
2. Fences not over six feet (1829 mm) high.
3. Retaining walls that are not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons (18927 L) and the ratio of height to diameter or width does not exceed two to one.
5. Sidewalks and driveways not more than thirty inches (762 mm) above adjacent grade and not over any basement or story below.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than twenty-four inches (610 mm) deep.
8. Swings and other playground equipment accessory to a one, two, or threefamily dwelling.
9. Window awnings supported by an exterior wall which do not project more than fifty-four inches (1372 mm) from the exterior wall and do not require additional support.
Electrical:
Repairs and maintenance: Approval shall not be required for minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation appliances.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration systems containing ten pounds (4.54 kg) or less of refrigerant or that are actuated by motors of one horsepower (746 W) or less.
8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and an approval shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, an application for approval shall be submitted within the next working business day to the residential building official.
105.2.2 Repairs. Minor repairs to residential structures may be made without application or notice to the residential building official. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
105.3 Application for plan approval. To obtain a plan approval, the applicant shall first file an application in writing on a form furnished by the residential building department for that purpose. Such application shall:
1. Identify and describe the work to be covered for which application is made for approval.
2. Describe the land on which the proposed work is to be done, street address or similar description that will readily identify and locate the proposed building or work.
3. Be accompanied by residential construction documents and other information as required in section 106.1.
4. Be signed by the owner, or the owner’s authorized agent.
5. Give such other data and information as required by the residential building official.
105.3.1 Plan review. Before a residential building or addition to a residential building is constructed or erected, and before a residential building is altered or relocated, or equipment is installed construction documents relating to the work and equipment under consideration shall be prepared in conformity with section 106 and be submitted to the residential building official for examination.
105.3.1.1 Residential plan examiner. A certified residential plan examiner shall review residential construction documents to determine compliance with this code.
105.3.1.2 Professionally prepared construction documents. Construction documents which have been prepared by a registered design professional who prepared the same as conforming to the requirements of the rules of the board pertaining to design loads, stresses, strength, and stability, or other requirements involving technical analysis, need be examined only to the extent necessary to determine conformity of such residential construction documents with other requirements of this code.
105.3.1.3 Residential fire protection system construction documents.
Residential construction documents for fire protection systems authorized to be submitted by individuals certified pursuant to Chapter 4101:2-87 of the Administrative Code shall:
1. When submitted under the signature of an individual certified under section 3781.105 of the Revised Code, be processed in the same manner as construction documents submitted under the signature of a registered design professional. Any statistical data, reports, explanations, plan description, or information that would not also be required for a similar submission by a registered design professional need not be submitted by a certified designer.
2. If certified by a registered design professional or individual certified under section 3781.105 of the Revised Code as conforming to requirements of the rules of the board pertaining to design loads, stresses, strength, stability, or other requirements involving technical analysis, be examined by the building department official only to the extent necessary to determine conformity of such construction documents with other requirements adopted by the board under Chapters 3781. and 3791. of the Revised Code.
3. Indicate thereon the individual installing the fire protection systems who shall be certified by the fire marshal pursuant to section 3737.65 of the Revised Code. In the event that the installer is not known at the time of plan approval, partial plan approval shall be granted subject to subsequent submission by addendum of the name of the qualified installer prior to installation of any part of the fire protection systems.
105.3.2 Time limitation of application. The approval of residential construction documents under this rule is a “license” and the failure to approve such plans as submitted within thirty days after filing or the disapproval of such plans is an “adjudication order denying the issuance of a license” requiring the opportunity for an “adjudication hearing” as provided by sections 119.07 to 119.13 of the Revised Code and as modified by sections 3781.031 and 3781.19 of the Revised Code. An adjudication order denying the issuance of a license shall specify the reasons for such denial.
If residential construction documents have been reviewed for compliance with the rules of the board, a correction letter-adjudication order has been issued to the owner, and the owner has neither exercised the right to appeal nor resubmitted corrected documents, the application is invalid six months from the date of the issuance of the correction letter-adjudication order.
105.4 Validity of approval. The construction, erection, and alteration of a residential building, and any addition thereto, and the equipment and maintenance thereof, shall conform to required residential construction documents which have been approved by the residential building official, except for minor deviations which do not involve a violation of the rules of the board. In the absence of fraud or a serious safety or sanitation hazard, any residential structure built in accordance with approved plans shall be conclusively presumed to comply with Chapters 3781. and 3791. of the Revised Code and this code.
Exception: Industrialized units shall be constructed to conform to the plans approved by the board.
105.5 Expiration. The approval of residential construction documents and specifications or data in accordance with this rule is invalid if construction, erection, alteration, or other work upon the residential building has not commenced within twelve months of the approval of the residential construction documents and specifications. One extension shall be granted for an additional twelve-month period if requested by the owner at least ten days in advance of the expiration of the approval and upon payment of a fee not to exceed one hundred dollars.
105.6 Extension. If in the course of construction, work is delayed or suspended for more than six months, the approval of plans or drawings and specifications or data is invalid. Two extensions shall be granted for six months each if requested by the owner at least ten days in advance of the expiration of the approval and upon payment of a fee for each extension of not more than one hundred dollars.
105.7 Certificate of plan approval and posting. After construction documents have been approved, the residential building official shall furnish the owner/applicant a certificate of plan approval.
105.7.1 Content. The form of the certificate shall be as prescribed by the residential building official and shall show the serial number of the certificate, the address at which the residential building or equipment under consideration is or is to be located, the name and address of the owner, the signature of the residential building official who issued the certificate, and such other information as is necessary to facilitate and insure the proper enforcement of the rules of the board.
105.7.2 Posting. The owner and the contractor shall, so far as practical, preserve and keep the certificate, or copy thereof, posted on site until the completion of the work to which the approved plans relate.
105.8 Non-required systems. Any system or portion thereof not required by this code shall be permitted to be installed as a partial or complete system provided that such system meets the requirements of this code to the extent of the installation. Also see section 101.7.
105.9 Responsibility. It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code.
Effective: 01/01/2009
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
Prior Effective Dates: 05/27/06, 07/1/07, 1/1/08