4109.073 - Exterior walls and appurtenant structures.
The owner of any building shall maintain the building's exterior walls and appurtenance structures in a safe condition. For purposes of this section "owner" includes agent, person, or organization in control, possession or charge of the subject building.
In order to maintain a building's exterior walls and appurtenant structures in a safe condition, the following additional requirements shall apply to each building which is:
(1) 20 years old or older; and
(2) Located within ten feet of a public right-of-way or open pedestrian walkway or plaza; hereinafter referred to as an "applicable building." For the purposes of this section an open pedestrian walkway does not include a private service walk affording no more than direct access to an entrance or exit of a building.
(a) Critical Observation Requirements. The owner of an applicable building shall conduct, supervise, or contract for a critical observation of its exterior walls and appurtenant structures as set forth below: Each critical observation shall include all building elevations, exterior walls and appurtenances regardless of their proximity to a public right-of-way; shall include a complete review of the last observation report; and shall be conducted in accordance with the most recent rules, regulations and guidelines promulgated by the director.
(1) For a building which attains applicability status before July 1, 1985, the initial critical observation shall be completed within the first 12 months after said date with subsequent observations at least one time every five years thereafter;
(2) For a building which attains applicability status before July 1, 1986, the initial critical observation shall be completed within the first 12 months of the building's attaining applicability status with subsequent observations at least one time every five years thereafter;
(3) For a building which attains applicability status after July 1, 1986, the initial critical observation shall be completed within 30 days of the date on which such building becomes applicable with subsequent observations at least one time every five years thereafter.
(b) Critical Observation Report. The person who conducted or supervised such critical observation shall prepare a written report of such critical observation and the results thereof. Said report shall contain critical observation findings prescribed by the director's rules and regulations. The extent of the critical observation and the results thereof shall be documented in sufficient detail so that a comparison of successive reports will indicate any change of condition of the building's exterior walls and appurtenant structures. The owner shall keep and maintain said report at the applicable building's site or produce said report at said site within 48 hours of any request for same by the building official or the chief of the bureau of fire prevention.
(c) Notice of Critical Observation. Upon completion and within 30 days of the required critical observation, the owner of said building shall notify the building official by certified mail of the following information:
(1) The location of the building;
(2) The age of the building;
(3) The date the building was critically observed;
(4) The name, address and title of the person or firm who conducted the critical observation and issued the critical observation report;
(5) The location of such report;
(6) The condition of the building's exterior. If, in the course of the critical observation, unsafe or unacceptable conditions are discovered, such conditions must be identified in said notice and immediately communicated to the building official;
(7) Any other information required by the rules and regulations of the director.
(d) Imminently Hazardous and Unsafe Conditions. Upon the discovery of any imminently hazardous condition relating to the exterior walls or appurtenant structures of an applicable building, the owner shall immediately begin repair, reinforcement or precautionary measures so as to abate the immediate hazard and within 24 hours, notify the building official. Subsequently, the owner shall promptly employ an architect or a registered professional engineer who specializes in structural engineering to perform a critical observation and prepare a report. The building owner shall submit a complete copy of said report to the director.
Any other conditions found to be in violation of this code shall be corrected within a reasonable time as determined by the building official and the rules and regulations and guidelines issued pursuant to this section by the director.
(e) Exception. This section shall not apply to one-, two- or three-family residential dwelling or to any accessory structures related thereto.
(Ord. 1296-85; Ord. No. 0455-2010, § 109, 4-5-2010; Ord. No. 2019-2021, § 1, 7-26-2021)