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Building Safety

Cleveland's Building Safety: The Rules That Matter

By CityRuleLookup Editorial Team

Every city handles building safety a little differently. In Cleveland, Ohio, there are 8 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Childcare Center Rules

Cleveland requires every licensed day care center to meet fixed building-safety standards: rooms must be above ground level unless the Fire Division signs off, spaces need at least 35 square feet per child, and heat must hold 68°F under Codified Ordinances Ch. 227.

Key details: Minimum indoor floor space: 35 sq ft per child (§ 227.12). Minimum outdoor play space: 60 sq ft per child (§ 227.14). Minimum heat requirement: 68°F at all times (§ 227.11). Below-grade rooms: Barred unless Fire & Health approve (§ 227.13). Annual permit fee: $50 to City Treasurer (§ 227.05).

Operating without the Building Department's certificate-of-occupancy verification or without the annual Fire Division and Health Division inspections blocks permit issuance or renewal under § 227.05(b). A center found in a below-ground room without the required joint Fire/Health safety pronouncement, or lacking the 68°F heating standard or required window and screen provisions, is out of compliance with §§ 227.11 and 227.13 and can have its permit revoked by the Director of Public Health under § 227.07's right-of-entry and revocation authority. General chapter violations are penalized under § 227.99.

Building Permits

Cleveland requires every vacant building to be registered and inspected, producing a report of known code violations. A certificate of correction, issued only once all listed violations are fixed, is required before the building may be occupied again.

Key details: Enforcing official: Director of Building and Housing. Registration fee: $70/unit or $1,000/structure per year. Certificate of correction fee: $70.00. Non-residential bond: $5,000-$15,000 by size. Penalty range: $200-$1,000 per offense, § 3106.99.

Section 3106.99 makes any violation of Chapter 3106 punishable by a fine of not less than $200.00 and not more than $1,000.00 per offense, with every day a violation continues counted as a separate offense. Owners or transferors can appeal a Director's order or notice to the Board of Building Standards and Building Appeals within 30 days under § 3106.08, and a timely written appeal suspends enforcement of that notice until the Board rules.

This is one of the stricter rules in Cleveland's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Building Inspections

Cleveland's Commissioner of Building and Housing inspects existing premises before permits issue, inspects work at the job site while construction proceeds and upon completion, and can inspect materials at the point of manufacture. Each inspection type is set out in § 3103.06.

Key details: Enforcing official: Commissioner of Building and Housing. Inspection types: Existing premises, site-of-work, manufacture. Special inspection fee: $100.00. Missed-inspection fee: $100.00 per re-inspection. Base penalty: First-degree misdemeanor, § 3103.99(a).

Inspections uncovering unpermitted or noncompliant work feed into the general Building Code penalty at § 3103.99(a): violating any provision for which no other penalty is specified, or failing to comply with a lawful Commissioner order, is a first-degree misdemeanor, with each day of continued noncompliance a separate offense. A re-inspection after a Notice of Violation compliance date has passed and the violation remains unfixed carries an additional $100.00 fee under § 3105.26(a)(4), except for owner-occupied one- and two-family dwellings.

Lead Paint

Anyone selling or leasing Cleveland housing built before 1978 must hand over an EPA lead hazard pamphlet, disclose in writing any known lead-based paint or hazards, share the most recent clearance exam, and give purchasers a 10-day window to test for lead before the deal is binding, per Codified Ordinances § 240.06.

Key details: Governing section: § 240.06, Cleveland Codified Ordinances. Target housing: Built before 1978. Inspection window: 10 days before contract binds. Civil penalty: 1 month's rent or mortgage payment. Enforcing office: Dept. of Public Health / Commissioner.

Knowingly violating § 240.06 is a criminal offense punishable under § 240.99. Separately, § 240.06(b)(3) makes any violator jointly and severally liable to the purchaser or tenant for one month's rent or one month's mortgage payment, and a prevailing plaintiff can recover court costs, attorney fees, and expert witness fees. A nonprofit environmental-health or housing-rights group may sue on a tenant's behalf if it can show it spent staff time investigating the noncompliance.

Carbon Monoxide Detectors

Cleveland requires owners of rental dwellings with fuel-fired appliances to install a UL-2034 carbon monoxide alarm outside every sleeping area, plus visual/vibratile alarms on request for deaf or hearing-impaired occupants. Owners must test, maintain, and replace failed units within 72 hours.

Key details: Applies to: Rental units with fuel-fired appliances. Placement: Outside each sleeping area, near bedrooms. Standard: UL 2034 compliant alarm. Owner repair window: 72 hours after written notice. Accommodation: Visual/vibratile alarm on written request.

A first violation of § 392.021 is a minor misdemeanor, citable under Rule 4.1 of the Ohio Rules of Criminal Procedure per § 392.99(a). A second offense is a fourth-degree misdemeanor and a third or subsequent offense a first-degree misdemeanor, with each day of continuing noncompliance a separate offense. Penalties are enhanced under § 392.99(b) where a violation preceded a carbon monoxide gas leak.

Electrical Permits

Cleveland Codified Ordinances § 3137.05 requires a permit from the Commissioner of Building and Housing before any electrical wiring or equipment is installed, altered, or repaired, with narrow exceptions for minor repairs and maintenance. Section 3137.11 adopts NFPA 70, the National Electrical Code as listed in OAC Chapter 4101:2-46, as the governing technical standard for wiring citywide.

Key details: Permit authority: Commissioner of Building and Housing, § 3137.05. Adopted code: NFPA 70 National Electrical Code, § 3137.11. Installer requirement: Must hold a Chapter 3107 electrical license. Blanket permit fee: $200.00 per year, per premises. Hazard correction deadline: 30 days, or immediately if urgent.

Installing or altering electrical wiring without the required permit, or otherwise violating Chapter 3137, is a misdemeanor of the first degree under § 3103.99, with each day of noncompliance a separate offense. Under § 3137.03 and § 3137.04, the Commissioner can order immediate disconnection of unpermitted or hazardous electrical service and require correction within a set deadline: as little as 30 days, or immediately for urgent hazards.

Plumbing Permits

Cleveland Codified Ordinances § 3133.02 requires a permit from the Commissioner of Building and Housing before any drainage, plumbing, or water-supply system is installed, altered, removed, replaced, or repaired. Only narrowly defined "minor repairs", faucet swaps, stoppage clearing, frozen-pipe thawing, skip the permit. All plumbing must follow the Ohio Plumbing Code (OAC Chapter 4101:2-51) under § 3133.04, and only licensed Chapter 3107 installers may do permitted work.

Key details: Permit authority: Commissioner of Building and Housing, § 3133.02. Adopted code: Ohio Plumbing Code, OAC Ch. 4101:2-51 (§ 3133.04). Fixture fee: $8.00 per fixture, $50.00 minimum. Piping fee: $13.00 per 100 lineal feet. Installer requirement: Must hold a Chapter 3107 plumbing license.

Unpermitted plumbing work, or any violation of Chapter 3133, is punishable under § 3103.99 as a misdemeanor of the first degree, with each day of continued noncompliance counted as a separate offense. The Commissioner can also order immediate disconnection of unsafe fixtures or piping, and under § 3133.06(d) may post a "DANGEROUS AND INSANITARY PLUMBING" placard requiring the space to be vacated until the Commissioner authorizes its removal in writing.

Elevator Maintenance

Elevators in Cleveland are regulated under the Ohio Department of Commerce Division of Industrial Compliance and ASME A17.1, with annual state inspections plus Cleveland Department of Building and Housing certificate of occupancy review.

Key details: State agency: Ohio Commerce DIC. Inspection frequency: Annual. Standard: ASME A17.1. Cab posting: Current certificate.

Operating an elevator with an expired state certificate or after a failed inspection violates ORC 4105 and can prompt sealing of the elevator, daily fines, and certificate of occupancy suspension under Chapter 211.

The Bottom Line

Cleveland's building safety rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Cleveland is broadly strict or permissive.

All of the above reflects Cleveland's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.