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 Cincinnati
 Code of Ordinances
 Title XI. CINCINNATI BUILDING CODE
 Chapter 1101. ADMINISTRATION

  § 1101-29. Construction Documents, Approval Of.  

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  • 1101-29.1 General: When the director of buildings and inspections finds that plans submitted to him for approval under § 1101-19 CBC conform to the applicable provisions of CBC, he shall endorse or stamp such plans as approved. The approval of plans under this section is a "license" and the failure to approve such plans as submitted within 30 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 Ohio Revised Code and as modified by Sections 3781.031 and 3781.19 of the Ohio Revised Code. An adjudication order denying the issuance of a license shall specify the reasons for such denial.

    1101-29.2 Nonconformance approval: When construction documents are submitted which do not conform with the requirements of the CBC and OBC. Such documents may be approved by the director of buildings and inspections provided such nonconformance is not considered to be a serious hazard and the owner or owner's representative or person in control subsequently submits revised construction documents showing evidence of compliance with the CBC and OBC. In the event such construction documents are not received within a reasonable length of time, not to exceed thirty days, the director of buildings and inspections shall issue an order revoking the permit.

    1101-29.3 Conditional permits: When plans are submitted which cannot be approved under the provisions of § 1101-29.1 CBC, the director of buildings and inspections, may at the request of the owner or representative of the owner or person in control, issue a conditional permit when an objection to any portion of the plans or specifications results from conflicting interpretations of the Code, or compliance requires only minor modifications to the building design or construction. No conditional permit shall be issued where the objection is to the application of specific technical requirements of the Code or correction of the objection would cause extensive changes in the building design or construction. A conditional permit is a "conditional license" to proceed with construction or materials up to the point where construction or materials objected to by the director of buildings and inspections are to be incorporated into the building. The conditions objected to shall be in writing from the director of buildings and inspections which shall be an "adjudication order denying the issuance of a license," and may be appealed in accordance with § 3781.19 of the Ohio Revised Code. In the absence of fraud or a serious safety or sanitation hazard, all items previously examined shall be conclusively presumed to comply with Chapters 3781.and 3791.of the Revised Code, CBC and OBC Reexamination of plans shall be limited to those items in the adjudication order. A conditional permit is not a partial permit pursuant to § 1101-29.4 CBC.

    1101-29.3.1 Conditional one, two and three family dwelling permits: When plans for a one, two and three family dwelling are submitted which cannot be approved under the provisions of § 1101-29.1 CBC, the director of buildings and inspections, may at the request of the owner or representative of the owner, issue a conditional permit when compliance requires only minor modifications to the building design or construction. By proceeding with construction under a conditional permit, the owner agrees to carry out the work in conformity with the CBC, and compliance with the CBC shall be determined by field inspection.

    1101-29.4 Phased permits: The director of buildings and inspections may issue a partial permit for construction of a foundation or any other part of a building or structure before complete plans and specifications for the entire building or structure have been submitted, provided that such permits are issued for various stages in sequence of construction and that all information and data required by the Code for that portion of the building or structure has been submitted. The holder of a partial permit may proceed only to the point for which approval has been given, at his own risk and without assurance that approval for the entire building or structure will be granted.

    1101-29.5 Permit limitations: Any permit issued by the director of buildings and inspections or the electrical inspection agency under the provisions of this Code, shall expire by limitation as provided in §§ 1101-29.5.1 through 1101-29.5.4 CBC.

    1101-29.5.1 Applicable law: Permits shall be issued in accordance with all laws, codes and ordinances in effect at the time of original application, providing that the application is substantially complete and in a form which provides sufficient information to determine whether the proposed work complies with all applicable codes. Applications may be amended and drawings revised to reflect changes necessary to comply with applicable codes or to provide additional information as may be requested by the director of buildings and inspections. Furthermore, no application may remain pending for more than one year from the date of first application unless the application and plans are resubmitted prior to the one year expiration and such plans comply with all the applicable codes in effect at the time of resubmission and upon payment of the fees established under Section 1101-85. In any event, an application may not remain pending for more than two years from the date of first application.

    1101-29.5.2 Permits other than to wreck: A permit for other than the wrecking of any building or structure shall expire by limitation if construction, erection, alteration, or other work has not commenced within 12 months from the date of permit issuance, provided however, that one renewal shall be granted for an additional 12-month period commencing upon expiration of the original permit, if requested by the owner or person in control prior to expiration of the permit and upon payment of the fees established under Section 1101-85.

    Exception: Separate permits as required by § 1101-17.3 CBC issued concurrently with the building permit for the same address or same project shall not expire prior to the expiration of said building permit

    1101-29.5.3 Work discontinued for six months: A permit for other than the wrecking of any building or structure shall expire by limitation if in the course of construction, work is delayed or suspended for more than six months, provided that two renewals shall be granted for six months each commencing upon expiration of the original permit or first renewal, if requested by the owner or person in control prior to expiration of the permit and upon payment of the fees established under Section 1101-85.

    1101-29.5.4 Permits to wreck: The issuance of a permit to wreck any building or structure shall be subject to the provisions of §§ 1101-29.5.4.1 through 1101-29.5.4.2 CBC.

    1101-29.5.4.1 Expiration of application: An application for a permit to wreck any building or structure shall expire by limitation when the permit has not been issued within 14 days from the date of notification to the applicant that the permit is ready to be issued.

    1101-29.5.4.2 Expiration of permit to wreck: A permit to wreck any building or structure (including the associated excavation and fill permit when less than 1.000 cubic yards) shall expire by limitation when the work has not been completed within 120 days from the issuance, provided, however, that one renewal, which shall be valid for 30 days commencing upon written application made prior to the expiration of the original permit and payment of the fees established under Section 1101-85. Except for good cause, such as labor disputes or acts of God, no further extensions may be granted, and any further work shall be pursuant to a new application and permit.

    Exception: Permits to wreck with extended expiration date: When the scope of work under a permit (including the associated excavation and fill permit when less than 1,000 cubic yards) to wreck is such that the work, using due diligence and labor and equipment appropriate to the scope of the work, cannot be completed within the periods provided in § 1101-29.5.4.2 CBC, an applicant may, prior to the first issuance of any permit to wreck, seek approval from the director of buildings and inspections for a permit to wreck with extended expiration date. The director may, at the time of first issuance of a permit to wreck, grant such additional time as may be reasonable, given the custom and practice of the wrecking trade, at no additional fee.

(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; a. Ord. No. 357-1998, eff. Oct. 16, 1998; a. Ord. No. 128-2000, eff. May 19, 2000; a. Ord. No. 59-2002, eff. March 28, 2002; a. Ord. No. 418-2010, § 8, eff. Nov. 24, 2010; Emer. Ord. 114-2014, § 3, eff. June 4, 2014)