Ohio Administrative Code › Title 1301:7 - Division of State Fire Marshal › Chapter 1301:7-7 - Ohio Fire Code › Section 1301:7-7-01 - Scope and administration

Current through all regulations passed and filed through July 1, 2024
(A)
Section 101
			 Scope and general requirements
(1)
101.1
			 Title.
The rules of the state fire
			 marshal as set forth in Chapter 1301:7-7 of the Administrative Code shall be
			 known as the "Ohio Fire Code" abbreviated "OFC " and hereinafter in such rule
			 may also be referred to as the "state fire code" or "this
			 code."
(2)
101.2 Scope.
This code establishes
state fire marshal rules for
			 the administration and enforcement of authorities granted to the fire marshal
			 and fire code officials in Chapters 3701., 3731., 3737, 3741., 3743., 3781.,
			 3791 and 5104., of the Revised Code including, but not limited to,
regulations affecting or relating to structures, processes, premises
			 and safeguards regarding all of the following:
1.
										The hazard of fire
			 and explosion arising from the storage, handling or use of structures,
			 materials or devices;
2.
										Conditions hazardous to life, property or public
			 welfare in the occupancy of structures or premises;
3.
										Fire hazards in
			 the structure or on the premises from occupancy or operation;
4.
										Matters related to
			 the construction, extension, repair, alteration or removal of fire
protection
systems; and 5. Conditions affecting the safety of
			 fire fighters and emergency responders during emergency operations.
(a)
101.2.1
			 Appendices.
Provisions in the appendices
of any "International Fire Code" are not adopted as part of this code.
			 A political subdivision with the authority to enact a local fire code may adopt
			 these appendices as a part of such codes.
(b)
101.2.2 Activities, locations and persons subject to the
			 Ohio Fire Code.
Unless
			 specifically exempted or as limited by federal or state law or this code, the
			 provisions of this code are intended to safeguard life and property from fire
			 and explosion and shall apply to all aspects of fire safety at any structures,
			 building, premises, vehicles or other locations within the territorial
			 jurisdiction of the State of Ohio. The scope of this code includes, but is not
			 limited to, property owned by the State of Ohio or other political subdivisions
			 of the state, all residential premises (including, but not limited to, one, two
			 and three family dwellings), and agricultural premises. The scope of this code
			 includes all aspects of fire safety for any occupancy of or any activities at
			 the places subject to this code, including actions of or uses by any
			 individual, corporation, business trust, estate, trust, partnership,
			 association, the state, a political subdivision of the state, and any other
			 entity, public or private.
(i)
101.2.2.1 Exemptions to the Ohio Fire
			 Code.
This code does not apply to any of the
			 following:
1.
Property owned by the United States government in accordance
			 with Chapter 159. of the Revised Code.
2.
Structures
			 owned by and used for a function of the United States government when such
			 structures are designed, constructed and maintained in accordance with
			 appropriate federal fire safety standards.
3.
Structures
			 controlled by the United States government used for a non-administrative
			 military function of the United States government
4.
Structures
			 owned or controlled by the State of Ohio that are used for a military function
			 in accordance with 10 U.S.C. Chapter 1803.4.
5.
The
			 organization or structure of a municipal or township fire
			 department.
6.
Structural building requirements covered by the
			 Ohio Building Code.
7.
Agricultural labor camps, to the extent required by Section
			 3733.42 of the Revised Code or
			 rules adopted under that section.
8.
Structures
			 and premises subject to the exclusive jurisdiction of the power siting board as
			 established in the Revised Code or in administrative rules promulgated by the
			 power siting board, to the extent of such exclusivity.
9.
The
			 construction or installation of an industrialized unit regulated by the Ohio
			 Building Code. All occupancy, operational and maintenance provisions of this
			 code shall apply to all industrialized units.
10.
Structures and premises subject to the exclusive
			 jurisdiction of the public utilities commission of Ohio as established in the
			 Revised Code or in administrative rules promulgated by the public utilities
			 commission, to the extent of such exclusivity.
11.
The
			 construction and operation of a mine or other underground cavern, wells, well
			 pads, or derricks subject to the exclusive jurisdiction of the Ohio Department
			 of Natural Resources, to the extent of such
			 exclusivity.
(ii)
101.2.2.2 Limitations on applicability of the
			 Ohio Fire Code.
This code shall not be construed
			 to:
1.
Cause an employer, in complying with it to be in violation
			 of the "Occupational Safety and Health Act of 1970," 84 Stat. 1590,
			 29
			 U.S.C.A. 651, or the "Consumer Product Safety
			 Act of 1972," 86 Stat. 1207,
			 15 U.S.C.A.
			 2051;
2.
Regulate
			 manufacturers or manufacturing facilities with respect to occupational hazards
			 where they are subject to regulation by the federal occupational safety and
			 health administration;
3.
Be
			 inconsistent with, or in conflict with, regulations of the federal occupational
			 safety and health administration or the hazardous materials regulations of the
			 hazardous materials regulations board of the federal highway administration,
			 United States department of transportation, or the public utilities
			 commission;
4.
Establish a minimum standard of flammability
			 for consumer goods in any area where the "Flammable Fabrics Act," 81 Stat. 568
			 (1967),
			 15
			 U.S.C. 1191 authorizes the federal government
			 or any department or agency of the federal government to establish national
			 standards of flammability for consumer goods;
5.
Establish
			 a health or safety standard for the use of explosives in mining, for which the
			 federal government through its authorized agency sets health or safety
			 standards pursuant to section 6 of the "Federal Metal and Nonmetallic Mine
			 Safety Act of 1966," 80 Stat. 772, 30 U.S.C. 725, or section
			 101 of the "Federal Coal
			 Mine Health and Safety Act of 1969," 83 Stat. 745,
			 30 U.S.C.
			 811.
(3)
101.3 Intent.
The purpose of this code is to establish the minimum
			 requirements consistent with nationally recognized good practice for providing
			 a reasonable level of life safety and property protection from the hazards of
			 fire, explosion or dangerous conditions in new and existing buildings,
			 structures and premises, and to provide a reasonable level of safety to
			 firefighters and emergency responders during emergency
			 operations.
(4)
101.4 Severability.
If a section,
			 subsection, sentence, clause or phrase of this code is, for any reason, held to
			 be unconstitutional, such decision shall not affect the validity of the
			 remaining portions of this code.
(5)
101.5
			 Validity.
In the event any part or provision of this code is held to be
			 illegal or void, this shall not have the effect of making void or illegal any
			 of the other parts or provisions hereof, which are determined to be legal; and
			 it shall be presumed that this code would have been adopted without such
			 illegal or invalid parts or provisions.