§ 1101-03. Definitions.

1101-03.1 General: Unless otherwise expressly stated, the following terms shall, for the purpose of this Code, have the meanings indicated herein.

Agricultural purposes: Such purposes include agriculture, farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, ornamental horticulture, olericulture, pomiculture, and animal and poultry husbandry.

Architect or architect, registered: A person holding a certificate under § 4703.06 of the Ohio Revised Code, and registered pursuant to §§ 4703.01 to 4703.19 of the Ohio Revised Code.

Borrow: Earth material acquired from an off-site location for use in grading on a site.

Building Department: The Department of Buildings and Inspections of the City of Cincinnati.

Construction documents: Plans, specifications and other written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining a permit.

Crane: All non-exempt equipment governed by the Occupational Safety & Health Administration's regulations for Cranes and Derricks in Construction found in 29 CFR Part 1926, Subpart CC.

Credentials: The badge of office, employee ID card or other certificate or letter issued by the director of buildings and inspections to an employee for the identification of said employee in the performance of his/her duties.

Director of Buildings and Inspections or Director: This term shall be construed to include authorized employees appointed to perform specific duties of the Department of Buildings and Inspections in the enforcement of the provisions of the Ohio Building Code and the Cincinnati Building Code.

Earth material: Any rock, fill or natural soil and/or combination thereof.

Engineer, geotechnical: A civil engineer experienced and knowledgeable in the practice of geotechnical engineering.

Engineer, professional: A person holding a certificate of registration under § 4733.14 or 4733.19 of the Ohio Revised Code and registered pursuant to §§ 4733.01 to 4733.23 of the Ohio Revised Code.

Engineering geologist: A geologist who is certified or registered to practice engineering geology in any of the 50 states or is a member of the Association of Engineering Geologists, with a minimum of three years professional experience under the supervision of a certified engineering geologist or geotechnical engineer, and is competent in the field of geology and knowledgeable in the fundamentals of soil mechanics.

Engineering, geotechnical: The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

Erosion: The wearing away of the land surface by the action of the wind, water, gravity, or other natural process.

Excavation: Any artificial or mechanical act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, stripped of vegetive cover and root systems, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.

Fill: An artificial or mechanical act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The materials used to make a fill.

Grading: Any excavating or filling or combination thereof.

Natural terrain: Existing ground as shown on the most recent published editions of the City of Cincinnati and Hamilton County metropolitan topographic survey sheets prior to October 30, 1974.

Notice: A written or printed communication conveying information or warning.

OBC: The abbreviation for the "Ohio Building Code."

Order: The whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of any matter issued by the director of buildings and inspections pursuant to any provision of the Cincinnati Building Code or other law or ordinance subject to administration by the director of buildings and inspections.

Person: An individual, firm, partnership, association, corporation, company or organization of any kind.

Person in Control: The owner of the freehold estate of the premises; a mortgagee or vendee in possession; a receiver; an executor; a trustee; and any person, public or private entity, lessee or holder of a lesser estate in the premises, and/or its duly authorized agent(s), with the authority to bring a building or premises into compliance with the provisions of this code, including but not limited to any mortgagee that has filed an action in foreclosure on the particular premises at issue, based on breach or default of a mortgage agreement, until title to the premises is transferred to a third party.

Plans: These include drawings, specifications, and data submitted to the director of buildings and inspections under § 1101-19 CBC for approval.

Premises: The lot and the buildings situated thereon.

Private: At it relates to a premises, those portions of the premises in which a person holds a reasonable expectation of privacy.

Revised Code: All statutes of a permanent and general nature of this state as revised and consolidated into general provisions, titles, chapters, and sections.

Safe: As applied to a building, means free from danger or hazard to the life, safety, health or welfare of persons occupying or frequenting it, or of the public, and from danger of settlement, movement, disintegration, or collapse, whether such danger arises from the method or materials of its construction or from equipment installed therein, for the purpose of lighting, heating, the transmission or utilization of electric current, or from its location or otherwise.

Sanitary: As applied to a building, means free from danger or hazard to the health of persons occupying or frequenting it or to that of the public, if such danger arises from the method or materials of its construction or from any equipment installed therein for the purpose of lighting, heating, ventilating or plumbing.

Sediment: Solid material both mineral and organic, that is in suspension, is being transported, or has been moved from its original site or origin by air, water, or gravity as a product of erosion.

Serious hazard: A hazard of considerable consequence to safety or health through the design, location, construction, or equipment of a building, or the condition thereof, which hazard has been established through experience to be of certain or probable consequence, or which can be determined to be, or which is obviously such a hazard.

Site: Any lot or parcel of land or contiguous combination thereof, upon which excavation or filling is, has been, or will be performed.

Slope: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

Soil scientist: A full member in good standing of the Soil Science Society of America and who has special knowledge and training in the physical, chemical, and biological sciences applicable to soils.

Work: Any man-made change to improved or unimproved real estate associated with the repair, replacement, relocation, alteration, enlargement, installation, demolition, or construction of any building, structure or building service equipment, the change of use of any building or structure, or the excavation and filling of land, for which change a permit issued by the director of buildings and inspections is required in accordance with § 1101-17 CBC.

(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; a. Ord. No. 343-2001, eff. Nov. 23, 2001; a. Ord. No. 59-2002, eff. March 28, 2002; a. Ord. No. 418-2010, § 3, eff. Nov. 24, 2010; a. Ord. No. 092-2016, § 1, eff. Aug. 1, 2016; Emer. Ord. No. 329-2016, § 2, eff. Oct. 19, 2016)