LAW
Writer®
Ohio Laws and Rules
115.1 General . Provisions within this section shall control the alteration, repair, addition and change of occupancy if existing residential buildings.
115.2 Maintenance. Residential buildings, structures and the building equipment shall be maintained in a safe and sanitary condition and in accordance with the condition(s) established in current and any previous plan approvals and certificates of occupancy. Devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance.
The requirements of this chapter shall not provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures without approval of the building official.
115.3 Definitions. The following terms shall, for the purposes of this section and as used elsewhere in the code, have the following meanings:
CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a structure that involves a change in the application of the requirements of the code.
HISTORIC BUILDINGS. A residential building meeting one of the following criteria:
1. Listed or preliminarily determined to be eligible for listing in the “National Register of Historic Places”; or
2. Determined by the secretary of the U.S. department of interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district; or
3. Designated as historic under a state or local historic preservation program that is approved by the U.S. department of interior.
115.4 Additions and Alterations. Additions or alterations to residential buildings shall conform with the requirements of the code for new construction and shall be approved by the residential building official. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any provisions of this code. Except as otherwise provided for in section R313.1.1, portions of the structure not altered and not affected by the alteration are not required to comply with the code requirements for a new structure.
Exception: For buildings and structures in flood hazard areas, any additions, alterations or repairs that constitute substantial improvement of the existing structure, shall comply with the flood design requirements for new construction and all aspects of the existing structure shall be brought into compliance with the requirements for new construction for flood design.
115.5 Alterations to systems, components and materials. Alterations to an existing system (egress, fire protection, mechanical, plumbing, etc.) and materials or building components not otherwise provided for in this section, shall conform to that required for new construction to the extent of the alteration. The existing systems, materials or components shall not be required to comply with all of the requirements of this code for new construction except to the extent that they are affected by the alteration. Additions or alterations to existing systems materials or components shall not cause them to become unsafe, hazardous, overloaded or become less effective than when originally installed, constructed and/or approved.
115.6 Replacement and repairs to systems, components and materials. Replacement of building components, and repairs to existing systems and materials or building components not otherwise provided for in this section, shall not be required to meet the provisions for new construction, provided such work is done in accordance with the conditions of the existing approval in the same manner and arrangement as was in the existing system, is not less safe than when originally installed and is approved.
115.6.1 Door and window dimensions. Minor reductions in the clear opening dimensions of replacement doors and windows that result from the use of different materials shall be allowed, whether or not they are permitted by this code.
115.6.2 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment, appliances and devices shall not be reused unless approved by the residential building official.
115.7 Changes in occupancy. A residential building, accessory structure, or space within a residential building shall not change in its use or purpose unless it is made to comply with the requirements of this code for such use and approved by the building official. An approval is not required when the code requirements are the same for both uses.
115.7.1 Use of a residential building for other purposes. No change of occupancy to uses within the scope of the OBC shall be made to any existing residential building, space within, or accessory structure unless such building is made to comply with the requirements of the OBC for such occupancy and approved by the building official with OBC enforcement authority.
115.7.2 Type A family day care homes. A residential building that is intended to be used in whole or in part as a licensed type A family day-care home shall be inspected in accordance with the type A family day-care home checklist (available from the board of building standards). The residential building official shall issue a report of the findings to the Ohio department of jobs and family services.
115.8 Moved structures. Structures moved shall be safe and sanitary and any repair, alteration, or change in occupancy shall comply with the provisions of this code for new structures. Field work, building location, foundations and foundation connections, wind loads, seismic loads, snow loads, and flood loads, shall comply with the requirements of this code. The building official shall be authorized to inspect, or require inspection at the expense of the owner, the various components of a relocated building to verify that they have not sustained damage. Building service equipment, mechanical, plumbing, and fire protection systems shall be tested to assure that they are in operating condition. Any repairs or alterations required as a result of such inspections shall be approved and completed prior to issuance of the certificate of occupancy.
115.9 Historic buildings. The provisions of this code relating to the construction, repair, alteration, addition, restoration and movement of structures, and change of occupancy shall not be mandatory for historic buildings where such buildings are judged by the building official to not constitute a distinct life safety hazard.
115.9.2 Flood hazard areas. Within flood hazard areas established, the building shall be brought into conformance with section 323.
Exception: Historic buildings.
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