§ 1117-35. Heating Facilities.  


Latest version.
  • 1117-35.1 General: The owner, person in control, or operator of any dwelling, other than those erected exclusively for summer use, shall provide heating facilities which are capable of safely heating all habitable rooms and toilet rooms to a temperature of 70° F., at a distance of three feet above the floor level at the center of the room when the outside temperature is 0° F. The owner, person in control, or operator shall cause such heating facilities to be installed in an approved manner, safety maintained and in good working condition. It shall be an affirmative defense to a charge brought under this section that the tenant of the dwelling unit has agreed in writing to provide the required heating facilities for the unit occupied by that tenant. No landlord may evict a tenant or refuse to rent to a prospective tenant solely because the tenant fails to agree to provide the required heating facilities.

    1117-35.2 Flue connections: All heating and water heating devices which burn gaseous, liquid or solid fuel shall be connected to an approved flue.

    Exception: Unvented gas space heaters equipped with oxygen depletion sensors and listed in accordance with ANSI Standard "Z21.11.2 1978" or later edition, shall be permitted in one-family and two-family dwellings.

    1117-35.3 Flues to be clean and unobstructed: The owner or person in control of the dwelling shall be required to see that flues are clean and unobstructed, provided with a cleanout, and capable of providing the draft necessary to remove the products of combustion from heating or water heating equipment connected thereto.

    1117-35.4. Sale of Space Heaters: It shall be unlawful to sell. offer for sale, or display for sale in the City of Cincinnati any gas space heater which is not an approved vented gas space heater equipped with an approved gas pressure regulator.

    Exception: Unvented gas space heaters equipped with oxygen depletion sensors and listed in accordance with ANSI Standard "Z21.II.2-1978" or later edition, shall be permitted in one-family and two-family dwellings.

    1117-35.5. Installation of Space Heaters: It shall be unlawful to install in the City of Cincinnati any gas space heater which is not an approved vented gas space heater equipped with an approved gas pressure regulator without connecting such gas space heater to an approved flue in an approved manner.

    Exception: Unvented gas space heaters equipped with oxygen depletion sensors and listed in accordance with ANSI Standard "Z21.11.2-1978" or later edition, shall be permitted in one-family and two-family dwellings.

    1117-35.6. Authority to Shut-Off Gas-Fired Space Heaters and Water Heaters: Whenever it shall appear on inspection that gas equipment used for space heating or water heating is discharging dangerous fumes, or is unsafe for use, and when, in the opinion of the director of buildings and inspections or other persons in the fire division or department of health authorized by the city manager, immediate action is necessary, they shall be authorized to shut off the supply of gas to the equipment by turning off the valve or cock to the equipment, or when required, by capping or plugging gas lines to the equipment or other mechanical means to accomplish shut off of gas to the equipment and attaching thereto a tag and seal out of service so as to make inoperative or to take any steps necessary in the interest of the public safety with or without notice to the owners or persons in control of the property or equipment involved.

    1117-35.7. Nonconforming Gas-fired Equipment: Whenever it shall appear on inspection that gas equipment used for space heating or water heating is in violation of any of the requirements of any section of this Code, or of any law or ordinance relating to the same subject matter, an order shall be issued to the owner or the person in control of the gas equipment to correct same. After such order and the failure of the owner or person in control of such gas equipment to correct the violation within the time specified in the order, the director of buildings and inspections or other persons in the fire division or department of health authorized by the city manager, shall be authorized to shut off the supply of gas to the gas equipment in the manner herein provided.

    1117-35.8. Sealing Device Not to Be Removed: It shall be unlawful to remove the tag, seal, cap, plug, or other mechanism or sealing device or to use or permit to be used any gas equipment which use has been ordered discontinued in accordance with § 1117-35.6 or 1117-35.7 CBC until such equipment is made to comply with the applicable provisions of the CBC and OBC.

(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; a. Ord. No. 59-2002, eff. March 28, 2002; a. Ord. No. 418-2010, § 30, eff. Nov. 24, 2010)