SCOPE, DEFINITIONS AND STANDARDS

Codified Ordinances of Cleveland pt. THREE, pt. IIIE, tit. XIII, ch. 3101

in effect

Codified Ordinances of Cleveland § 3101.01 Title and Purpose

§ 3101.01 Title and Purpose (a) This Title shall be known and may be cited as “The Building Code of the City of Cleveland” and is referred to herein as “this Building Code”. (b) Within the scope of this Building Code, the purpose is to provide minimum standards to safeguard life or limb, health, property and public welfare.

Codified Ordinances of Cleveland § 3101.02 General Scope; Conflict

§ 3101.02 General Scope; Conflict (a) The provisions of this Building Code shall apply to the location, design, materials, construction, alteration, repair, equipment, use and occupancy, maintenance, removal and demolition of every building and other structure, and to any appurtenances connected or attached to such buildings and other structures, except as such matters are otherwise specifically provided for in the Charter or under other titles of the Codified Ordinances of the City of Cleveland. (b) The provisions of this Building Code shall supplement any and all laws of the State of Ohio and any and all rules and regulations promulgated by authority thereof, applicable to buildings and other structures in the City. (c) If in any specific case there is an apparent difference in the materials, methods of construction or other requirements specified in different sections of this Building Code, or between the requirements of this Building Code and any other applicable ordinance, or rule or regulation of any administrative officer, board or commission of the City, the more restrictive shall govern.

Codified Ordinances of Cleveland § 3101.03 Word Meanings Generally

§ 3101.03 Word Meanings Generally (a) For the purposes of this Building Code the abbreviations, terms, phrases, words and their derivatives listed in this chapter shall have the meaning given herein. (b) Definitions pertinent to specific chapters of this Building Code are included in such specific chapters. Unless specifically limited in scope, such definitions shall have general application throughout this Building Code. (c) Words used in the singular include the plural, and the plural includes the singular. Words used in the masculine gender include the feminine gender. (d) Words not defined in OBBC or this Building Code shall have the meanings given in the current edition of Webster’s Unabridged Dictionary.

Codified Ordinances of Cleveland § 3101.04 Abbreviations

§ 3101.04 Abbreviations (a) Abbreviations used in this Building Code substance or if preceding or referring to standards and publications mean those contained in the Ohio Administrative Code (OAC), those authoring or promulgating agencies indicated in OAC Chapter 4101:2-46, and those as follows: “BOCA” means Building Officials and Code Administrators International, Inc. “CABO” means “CABO One and Two Family Dwelling Code” as promulgated by the Council of American Building Officials. “ICC” means International Code Council. “NFiPA” means National Fire Protection Association. “OAC” means Ohio Administrative Code. “OBC” means the Ohio Building Code, as contained in OAC Chapters 4101:2-1 to 4101:2-69. All references to OBBC in this Building Code shall hereafter mean OBC. “OCIEB” means Ohio Construction Industry Examining Board. “ORC 123” means Ohio Residential Code for One, Two and Three Family Dwellings as promulgated by the Ohio Building Officials Association. Any reference to CABO shall mean ORC 123. (Ord. No. 2370-01. Passed 5-13-02, eff. 5-20-02) Note: The 2002 Ohio Building Code, effective January 1, 2002, as contained in the Ohio Administrative Code, was renumbered as OAC Chapters 4101:1-1 to 4101:1-35.

Codified Ordinances of Cleveland § 3101.05 Definitions

§ 3101.05 Definitions The definitions contained in OBC, and ORC 123 shall be applicable to this Building Code, except as supplemented or otherwise provided for as follows: (a) “Approved” means approved by the Ohio Board of Building Standards or the City Board of Building Standards and Building Appeals, or approved by the Commissioner of Building and Housing under provisions of this Building Code, or approval by other authority designed by OBC or this Building Code to give approval in the matter in question. (b) “Building Department” means the Division of Building and Housing. (c) “Building Official” means the Commissioner of the Division of Building and Housing of the City of Cleveland. (d) “City” means the City of Cleveland. (e) “Commissioner” means the Commissioner of Building and Housing of the City of Cleveland. (f) “Jurisdiction” means the “City.” (g) “Natural grade” means the surface of the ground prior to excavation, fill or grading. (For “grade level” see Section 325.32 of the Zoning Code.) (h) “Occupancy change” means a change from one (1) occupancy classification to another occupancy classification. (For use group classifications, see OAC Chapter 4101:2-3.) (i) “Occupancy separation” means fire separation in a building or other structure between parts of different occupancy classifications. (j) “Owner” means the owner or owners of the premises, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessees of the whole thereof, or an agent or any other person, firm, or corporation directly in control of the premises or having a legal or equitable interest in the property. (k) “Premises” means land, including buildings or structures thereon, or any part thereof, except land occupied by streets, alleys or public thoroughfares. (l) “Repair” means the reconstruction, replacement or renewal of any part of an existing building, structure or device with like material or parts, for the purpose of maintenance of such building, structure or device. (m) “Required” means required by OBC or this Building Code. (n) “Shall” means mandatory. (o) “Toilet room” means a room containing one (1) or more water closets, and may also contain one (1) or more lavatories, urinals and other plumbing fixtures. (Ord. No. 2370-01. Passed 5-13-02, eff. 5-20-02)

Codified Ordinances of Cleveland § 3101.06 Technical Standards

§ 3101.06 Technical Standards (a) The referenced standards in OBC shall be supplemented by the standards listed in the Cleveland Fire Prevention Code which relate to building fire prevention as fire prevention is defined in OAC 4101:2-2. (b) Compliance with the referenced standards specified in subsection (a) hereof constitutes prima facie compliance with the intent and requirements of this Cleveland Building Code, except where a specific provision of the Ohio Revised Code or the Ohio Administrative Code including OBC, or the Cleveland Building and Fire Prevention Codes, provides otherwise. (c) Those provisions of referenced standards which establish safety requirements shall be considered mandatory and those provisions of referenced standards exceeding safety requirements shall be considered as acceptable but not required by this Building Code. (Ord. No. 2370-01. Passed 5-13-02, eff. 5-20-02)

Codified Ordinances of Cleveland § 3101.08 Compliance for New Buildings

§ 3101.08 Compliance for New Buildings (a) Except as provided in Section 3101.02, buildings and other structures and parts thereof erected in the City of Cleveland after June 27, 1949 shall comply with OBBC and this Building Code. (b) The uniform minimum standards and requirements of OBBC shall be the basis of the Cleveland Building Code, except that further and additional requirements and regulations to OBBC may be imposed by the Cleveland Building Code and shall be as are set forth in such Building Code.

Codified Ordinances of Cleveland § 3101.09 Responsibility of Owner

§ 3101.09 Responsibility of Owner (a) The owner of premises subject to the provisions of the Building Code shall be responsible for compliance with the standards set forth herein. He or she shall remain responsible therefor, regardless of the fact certain responsibilities may also be placed on operators or agents. The owner shall remain responsible for the elimination of any violation found on his or her premises. (b) Exception: An owner who enters into a written agreement with a person or entity to perform work to improve, add to or construct on the owner’s property shall be exempt from the responsibility for the errors or omissions of the person or entity hired to perform the work, if the written agreement specifically makes the person or entity performing the work responsible for obtaining all required permits and approvals from the City. (Ord. No. 2370-01. Passed 5-13-02, eff. 5-20-02)

Codified Ordinances of Cleveland § 3101.10 Safety and Maintenance

§ 3101.10 Safety and Maintenance (a) General Maintenance Requirements. All structures and all parts thereof, both exterior and interior, shall be maintained in good repair and shall be capable of performing the function for which such structure or part or any feature thereof, was designed or intended to be used. All equipment and facilities appurtenant to a structure shall be maintained in good and safe working order. (b) Maintenance of Foundations. All foundations of every structure shall be maintained structurally sound and in good repair. All foundations of every structure shall be maintained in such condition as to prevent the accumulation of moisture within the space enclosed within such foundation. (c) Maintenance of Exterior Walls and Roofs. All exterior walls of every structure secondary and appurtenant shall be maintained weathertight and shall be maintained so as to resist decay or deterioration from any cause. In order to insure maintenance of weathertight exterior walls resistant of decay or deterioration, all such walls, windows, sashes and window frames shall be painted periodically and all loose masonry units and disintegrated mortar joints shall be properly bonded and repainted. All roofs of every structure shall be maintained weathertight, devoid of leaks and shall be equipped with gutters and downspouts connected to a public storm sewer or combined storm and sanitary sewer. Broken window glass shall be replaced with glass or other suitable material that will effect a good appearance. (d) Maintenance of Interior Walls and Floors. All interior walls and floors of every structure shall be maintained free of holes, large cracks and any loose and deteriorated material. (e) Maintenance of Exterior Property Areas. Exterior property areas of all premises shall be kept free of any object, wrecked, dismantled, inoperative, discarded, unused or unlicensed motor vehicles, except where permitted under Zoning Code ordinances. The premises shall be maintained free of any debris, material or condition which may create a health, accident or fire hazard, or which is a public nuisance. Fences shall be maintained in good vertical and horizontal alignment and shall be protected from decay by application of paint or other preservative material. (f) Damaged Buildings. A building damaged by fire or other causes shall be repaired to its original condition and as may otherwise be accepted as good engineering practice. The owner of the premises shall at all times prior to and while repairs are being done maintain the premises free of trash and debris. If for a valid reason a damaged building cannot be promptly repaired, all damaged glass windows and all damaged entrance doors shall be replaced, or the openings shall be securely boarded up to prevent unlawful entry and painted in a manner to harmonize with the neighboring buildings.

Codified Ordinances of Cleveland § 3101.11 Removal of Graffiti

§ 3101.11 Removal of Graffiti (a) The exterior of all privately owned dwelling structures and premises shall be free from graffiti when such graffiti is visible from a right-of-way. Owners on whose property graffiti is displayed shall completely remove the graffiti or shall completely and uniformly cover the graffiti with appropriate wall finish. (b) Whenever the Commissioner finds a structure or portion thereof to be in violation of division (a) hereof, said Commissioner shall forward by certified mail to the owner in control of such structure or portion thereof a written notice of violation describing the location of the graffiti to be removed or covered. Such notice and order shall be sent by certified mail to the owner’s tax mailing address, if available, as indicated on the County tax duplicate, and a copy of such notice shall be posted simultaneously in a conspicuous place on the premises to which it relates. Such notice of violation shall require the owner to remove or cover the graffiti in accordance with division (a) hereof or appeal the order to the Board of Building Standards and Building Appeals in accordance with division (c) within fourteen (14) days of receipt of the notice. Such mailing and posting shall be deemed legal service of such notice. (c) The owner shall have a right to appeal the notice and decision of the Commissioner and appear before the Board of Building Standards and Building Appeals at a specified time and place to show cause why said owner should not comply with such notice. (d) This Council determines that graffiti constitutes a public nuisance which must be abated. For this reason, if the owner fails to remove or cover the graffiti or appeal the order of the Commissioner within fourteen (14) days of receipt of the notice, the Commissioner shall cause the graffiti to be abated and any expenses or costs incurred under this section shall be paid by the owner of the dwelling structure or premises. If the owner fails to pay for the cost within thirty (30) days after the receipt from the Director of Community Development of a statement of the charges and costs incurred therein, then the Director of Community Development may certify the amount to the Commissioner of Assessments and Licenses. The Commissioner of Assessments and Licenses shall make written return to the County Auditor of the action under this Code, with a statement of the charges for their services, the amount paid for the performing of such labor and a proper description of the premises for the purpose of making the same a lien upon such lands, to be collected as other taxes and returned to the City deposited with the General Fund with special accounting thereof in accordance with RC 715.261. Notwithstanding the method of collection set forth above, the Director of Law may take any action necessary to collect the costs of graffiti abatement from the owner or other responsible party or parties. (e) For purposes of this section, “graffiti” means any unauthorized inscription, word, figure or design which is marked, etched, scratched, drawn, applied or painted on any structural component of any building, structure, or other facility regardless of the nature of the material of the structural component. Such inscription, word, figure or design shall be deemed unauthorized if the property owner has not granted written permission prior to its application to the structure. (Ord. No. 550-90. Passed 6-18-90, eff. 6-27-90)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-19187Fetched: 11/1/2026