City Council

City of Middleburg Heights, Ohio Council Agenda April 12,2022 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of March 22, 2022 Minutes ofthe Executive Session of March 22,2022 COMMUNICATIONS Memorandum jfrom planning commission to Council dated March 24, 2022 recommending approval of Ordinance No.2022-16, Southland rezoning. AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES.RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee - Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee- Mr. Bortolotto, Chairman 3. Legislation & Rules Committee- Mr. Ference, Chairman 4. Public Health, Safety & Relief Committee- Mr. McGregor, Chairman 5. Public Improvements Committee - Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee - Mr. Meany, Chairman 7. Zoning & Building Code Committee- Mr. Grech, Chairman MAYOR^S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director 6. Executive Assistant ADJOURNMENT  City of Middleburg Heights, Ohio Council Agenda APRIL 12,2022 PAGE 2 2022 PENDING LEGISLATION ORDINANCE NO.2022-12-INTRODUCED BY COUNCILMAN GRECH An Ordinance rezoning permanent parcel number 373-08-015 from its present zoning classification Rl-A (One-Family A Residential District) and RMF-1 (Multi-Family Residential District) to SR/LC (Senior Residence/Life Care District)(MVAH Holding — Senior Living Pearl Road) (First reading and referred to Planning Commission 2/8/22, Second reading 2/22/22, Public Hearing 4/26/22) ORDINANCE NO.2022-16-INTRODUCED BY COUNCILMAN GRECH An Ordinance rezoning permanent parcel number 372-20-031 from its present zoning classification RS (Retail Service District) to PMU (Planning Mixed Use District) - WXZ Development, Southland (First reading and referred to Planning Commission 2/22/22, Second reading 3/8/22) ORDINANCE NO.2022-24-INTRODUCED BY COTJNrn.MAN GRECH An Ordinance adopting a revised zoning code and a revised zone map ofthe City of Middleburg Heights, Ohio and repealing Ordinance No. 1982-170 and all amendments thereto (First reading and referred to Planning Commission 3/8/22, Second reading 3/22/22) UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN ALI An Ordinance amending Chapter 618 “Animals” ofthe Middleburg Heights Codified Ordinances INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance authorizing the mayor and finance director to enter into a contract with Reilly Sweeping, Inc. and declaring an emergency INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2022 and declaring an emergency INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance approving the editing and inclusion of certain ordinances as parts of the various component codes of the Codified Ordinances; to provide for the adoption of new matter in the updated and revised Codified Ordinances; to provide for the publication of such new matter; and to repeal ordinances and resolutions in conflict therewith and declaring an emergency INTRODUCED BY COUNCILMAN McGREGOR An Ordinance amending Chapter 1351 “Fire Walls” of the Middleburg Heights Codified Ordinances  City of Middleburg Heights, Ohio Council Agenda APRIL 12, 2022 PAGES INTRODUCED BY COUNCILMAN McGREGOR An Ordinance amending Chapters 1501 and 1503 of the Fire Prevention Code of the Codified Ordinances of the City of Middleburg Heights and declaring an emergency INTRODUCED BY COUNCILMAN McGREGOR An Ordinance amending Codified Ordinance Section 672.12 to prohibit the discharge, ignition or explosion offireworks on certain days each year INTRODUCED BY COUNCILMAN McGREGOR A Resolution authorizing the fire chief to donate obsolete firefighter bunker gear no longer needed for any municipal purpose INTRODUCED BY COUNCILMAN MEANY A Resolution authorizing the mayor and finance director to enter into a contract with Crossroads Asphalt Recycling, Inc. for General Pavement Services for 2022  City of Middleburg Heights, Ohio Council Agenda APRIL 12, 2022 PAGE 4 ZONING & BUILDING CODE COMMITTEE- Mr. Grech. Ghp,irmpn 9-24-19 Discussion regarding ordinance regulating fences 11-23-21 Rezoning application received from MVAH Holding LLC to rezone property on Pearl Road for a senior independent living development finance,taxation & ASSESSMENTS COMMITTEE- Mr. RnUnlotto. Chairman CITY PARKS,RECREATION & SERVICES COMMITTEE- Mr. Ali, Chairman 2-13-18 Dog Park \ Ordinance No. 2018-92, Dedicated space for seniors in community center 2-26-19 Proposed Charter Amendments - mayor term limits/firing of directors LEGISLATION & RULES COMMITTEE - Mr. Ference. Chairman 2-26-13 ■■ Vote Abstention Rule ^ 9-10-19 Term Limits A health, safety Hotel/Motel & RELIEF Security COMMITTER ^ Mr. Mr.r,r..pnr Chaimian Legislation PUBLIC IMPROVEMENTS COMMITTEE- Mr Dan Sapo Chairm.,n 6-26-12 Police Department Expansion Project or new facility STREETS, UTILITIES & RAILROAD COMMITTEE- Mr. Meanv. Chairman 1-22-19 Letter from Diane Bickett, Executive Director, dated January 7, 2019 regarding ratification ofthe Cuyahoga County Solid Waste Management Plan update AD-HOC COMMITTEE 12-22-09 Preservation of the Little Red School House  Boards and Commissions City of Middleburg Heights O & y, 15700 Bagley Road • Middleburg Heights, Ohio 44130 • 440-239-6252 • Fax 440-234-9092 F. H Co kearley@middleburgheights.com Kim Earley Norman H. Herwerden Secretary Building Commissioner 9fo\^ MEMORANDUM TO: MARY ANN MEOLA,CLERK OF COUNCIL FROM: KIM EARLEY,PLANNING COMMISSION SECRETARY DATE: MARCH 24,2022 SUBJECT: ORDINANCE 2022-16, WXZ DEVELOPMENT REZONING At the regularly scheduled Planning Commission meeting March 23, 2022 members voted to recommend approval of Ordinance 2022-16 rezoning Permanent Parcel Number 372-20-031 from the Retail Service(RS)Zoning District to the Planned Mixed Use(PMU)Zoning District for WXZ Development, Southland. Planning Commission • Board of Zoning and Building Appeals  DELIVERED APR 0 7 2022 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mr. Ali Co-Sponsors: Mr. Ference, Mr. Sage AN ORDINANCE AMENDING CHAPTER 618 “ANIMALS” OF THE MIDDLEBURG HEIGHTS CODIFIED ORDINANCES WHEREAS, breed specific legislation targets specific breeds of dogs that are wrongly thought to all be dangerous and places stricter regulations on these dogs; and WHEREAS, animal control and legislative approaches to protecting a community from dangerous dogs should not be based on breed, but instead on promoting responsible pet ownership and developing methods to rapidly identify and respond to owners whose dogs present an actual risk; and WHEREAS, banning a specific breed can give a community a false sense of security, and deemphasize to owners of other breeds the importance of appropriate socialization and training, which is a critical part of responsible pet ownership; and WHEREAS, Chapter 618 of the Codified Ordinances of the City of Middleburg Heights shall be amended to be more consistent with the Ohio Revised Code eliminating breed specific legislation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1; That Section 618.21(1) entitled “Pit Bull Dogs Deemed to be Dangerous Animals” shall be repealed. Section 2; It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor; Yea Nay Mayor Bortolotto AN Sage Meany McGregor Ference Grech  delivered APR 01 2m City of Middleburg Heights, Ohio Ordinance No. 2022- Introduced by: Mr. Bortolotto, Mr. Meanv, and Mr. Grech AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH REILLY SWEEPING.INC. AND DECLARING AN EMERGENCY WHEREAS, the City’s purchasing policy requires City Council approval on any single purchase of products or services exceeding $25,000 or any professional service contract exceeding $10,000, with the exception of items purchased through or at an amount equal to an approved cooperative purchasing agreement; and WHEREAS,the City desires to retain the services of a competent and qualified contractor to provide certain products/services to the City; and WHEREAS, Reilly Sweeping. Inc, is competent and qualified to furnish products and/or services to the City and has provided a responsive and responsible proposal, and desires to provide Street Sweeping Services. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That the Mayor and Finance Director is hereby authorized to enter into a contract with Reilly Sweeping. Inc, to provide certain products and/or services to the City, a copy of which is attached hereto and marked “Exhibit A”. Section 2. That it is hereby found and determined that all formal actions ofthis council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements including chapter 107 ofthe Codified Ordinances and section 121.22 of Ohio Revised Code. Section 3. That this ordinance is hereby declared to be an emergency measure. immediately necessary for the preservation of the public peace, health and safety of the citizens of the City of Middleburg Heights, Ohio. Therefore, this ordinance shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  Reilly Sweeping LLC. 20350 Hannan Parkway Walton Hills, OH 44146 PROPOSAL (RSI RdllySweqjIng,ho Ph. 440/786-8400 SUBCONTRACT AGREEMENT City of Middleburg Heights ATTN: Jim Herron Date: April 4, 2022 15700 Bagley Road Phone: 440-234-2216 Fax: 440-234-8990 Middleburg Heights, Ohio 44130 Site: various Curbed streets in the city Providing a four-wheel mechanical hroom sweeper with operator to sweep all roadways and streets as instructed at the above location. City of Middleburg Heights water supply for the sweepers dust control. Prices are as follows: First year ofthe contract: Streets to be Swept 8 times per year Each Sweeping 8 Sweepings per year $ 6227.00 $49816.00 On Call Sweeping will be as follows $145.00 per hour The parties agree that liability hereunder is and shall be limited to the time period that contractor's Reilly Sweeping, LLC. vehicle (s) and equipment are actually on the property performing services and not prior or subsequent thereto since the same is beyond contractor's control. Customer agrees to provide adequate protection to their employees from exposure to potentially hazardous materials contained in all debris collected or disturbed by Reilly Sweeping, LLC. while working for Contractor/Customer on the contracted job site. A Two-Million Dollar liability insurance certificate with an additional Ten Million- umbrella coverage would be provided. City of Middleburg Heights agrees to secure all necessary approvals for use of water source to be provided at the City of Middleburg Heights sole cost and expense in addition to contract prices stipulated herein. City of Middleburg Heights agrees to save harmless and indemnify Reilly Sweeping, LLC., including reasonable attorney’s fees and court costs, should Reilly Sweeping, LLC. in any way be responsible and/or held liable for said water charges used in conjunction herein. WATER FILL LOCATION FOR SWEEPER here by to furnish the above service for the sum of As stated above Payment to be made as follows: Authorized Signature: Net 30 days The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work^ specified. Ifpaymentis not received by the 3G“‘ day following completion ofthe invoiced work,RSI will conunence litigation to collect any such:<idinquent ■payinenls. We agree to pay all reasonable attorneys’ fees incurred by RSI in such collection efforts. The parties also agree to the jurisdiction of venue the 'Cuyahoga County Court ofCommon Pleas for all litigation matters arising from this agreement. Signature x Title: Date; This proposal may be withdrawn by us ifnot accepted within: 30 days  City of Middleburg Heights, Ohio ^^ Ordinance No. 2022- Introduced by; Mr. Bortolotto. Mr. Meanv. and Mr. Grech AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2022 AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2022, the following sums be appropriated from the General Fund: Increase Description (Decrease) Service - Other - Misc. Contr. Services - Recycling/Solid Waste Mailer $ 11,000.00 Gen. Govt. - Other - Misc. Contr. Services - Police Station Envir. Assessment $ 4,500.00 Gen. Govt. - Other - Misc. Contr. Services - Bagley Road House Demolitions $ 35,000.00 Total Increase to the General Fund $ 50,500.00 Section 2. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2022, the following sums be appropriated from the Capital Improvements Fund: Increase Description (Decrease) Fac. Maint. - Capital - 2022 NOPEC Grant Projects $ 49,800.00 Total Increase to the Capital Improvements Fund $ 49,800.00 Section 3. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2022, the following sums be appropriated from the Streets/Infrastructure Imp. Fund: Increase Description (Decrease) Streets - Capital - Property demolitions Big Creek Detention Basins $ 35,000.00 Total Increase to the Streets/Infrastructure Imp. Fund $ 35,000.00 Section 4. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. Section 5. That this ordinance is hereby declared to be an emergency measure, immediately necessary for the preservation of the public peace, health and safety of the citizens of the City of Middleburg Heights, Ohio. Such emergency being the necessity of supplementing appropriations from the above listed funds and accounts in order to allow the City to pay outstanding obligations of the City for the year 2022. Therefore^ this ordinance shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  delivered APR 0 7 202i CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- IntrodUCed Byi Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; TO PROVIDE FOR THE ADOPTION OF NEW MATTER IN THE UPDATED AND REVISED CODIFIED ORDINANCES; TO PROVIDE FOR THE PUBLICATION OF SUCH NEW MATTER; AND TO REPEAL ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH AND DECLARING AN EMERGENCY WHEREAS, American Legal Publishing Corporation has completed its annual updating and revision of the Codified Ordinances of the City; and WHEREAS, various ordinances of a general and permanent nature that have been passed by Council, but not heretofore included in the Codified Ordinances of the City, have now been made a part thereof; and WHEREAS, certain sections of the Codified Ordinances of the City have been revised to conform to current State law. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: The following sections of the Codified Ordinances are or contain new matter in the Codified Ordinances and are hereby approved, adopted, and enacted: 402.201, 402.201, 402.54, 416.13, 416.14, 432.191, 436.02, 436.021, 436.04, 436.09, 474.18, 474.19, 606.20, 612.01, 612.07, 618.051, 620.01, 620.19, 624.01, 624.06, 624.08, 624.09, 624.11, 624.13, 624.14, 624.16, 636.18, 642.03, 642.11, 642.12, 642.125, 642.14, 642.33, 648.09, 666.07, 666.08, 666.085, 666.09, 672.02, 672.07, 672.09, 672.12, 698.02 Section 2: Pursuant to R.C. § 731.23, the Clerk of Council shall publish, in a manner required by law, a notice of the enactment of this ordinance, containing the title of this ordinance, together with a summary of the new matter contained in the 2022 Replacement Pages for the Codified Ordinances, a copy of which summary is attached hereto as Exhibit A. Section 3: All ordinances and resolutions or parts thereof which are in conflict or inconsistent with any provision of the new matter adopted in Section 1 of this ordinance are hereby repealed as of the effective date of this ordinance, except as follows:  (a) The enactment of such sections shall not be construed to affect a right or liability accrued or incurred under any legislative provision prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provision, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revision and recodification. (b) The repeal provided above shall not affect any legislation enacted subsequent to February 8, 2022. Section 4: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Section 5: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare of said City. Wherefore, provided this Ordinance receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto AN Sage Meany McGregor Ference Grech  EXHBIT A SUMMARY OF NEW MATTER CONTAINED IN THE 2022 REPLACEMENT PAGES FOR THE CODIFIED ORDINANCES OF MIDDLEBURG HEIGHTS, OHIO New matter in the Codified Ordinances ofMiddleburg Heights,Ohio,as contained in the 2022 Replacement Pages therefor, includes legislation regarding: Section New or amended matter regarding: 55 402.201 Definition of“low-speed micromobility device 55 402.54 Definition of“vehicle 416.13 Operation of personal delivery device on sidewalks and crosswalks 416.14 Low-speed micromobility devices 432.191 Right-of-way of public safety or coroner’s vehicle 436.02 License required as driver or commercial driver on public or private property 436.021 Ohio license required for in-state residents 436.04 Prohibited acts 436.09 Display of license plates or validation stickers; registration 474.18 Operation of motorized bicycle. 474.19 Electric bicycles 606.20 Interfering with civil rights 612.01 Alcohol definitions 612.07 Open container prohibited; exception. 618.051 Cruelty to animals; cruelty to companion animals 620.01 Drug definitions 620.19 Sale of dextromethorphan 624.01 Definitions related to gambling 624.06 Regulations concerning operation oflicensed bingo game 624.08 Raffle drawings 624.09 Instant bingo other than at bingo sessions 624.11 Records to be kept 624.13 Bingo games for amusement 624.14 Instant bingo 624.16 Electronic instant bingo; prohibited conduct 636.18 Hazing prohibited 642.03 Degree of offense when certain property involved 642.11 Criminal mischief 642.12 Criminal trespass 642.125 Aggravated trespass 642.14 Passing bad checks 642.33 Railroad vandalism; criminal trespass; interference with operation of train; grade crossing device vandalism 648.09 Making false alarms 666.07 Procuring; engagement in sexual activity for hire 666.08 Soliciting Section New or amended matter regarding: 666.085 Loitering to engage in solicitation 666.09 Prostitution 672.02 Carrying concealed weapons 672.07 License or permit to possess dangerous ordnance 672.09 Unlawful transactions in weapons 672.12 Fireworks 698.02 General offenses penalty  DELIVERED APR 0 1 2022 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mr. McGregor Co-Sponsors: Mr. Sage, Mr. Bortolotto AN ORDINANCE AMENDING CHAPTER 1351 “FIRE WALLS” OF THE MIDDLEBURG HEIGHTS CODIFIED ORDINANCES WHEREAS, the City has undertaken a comprehensive review of the Zoning Code and Zone Map of the City; and WHEREAS, the City is divided into zoning use districts in order to classify, regulate and restrict building structure throughout each zoning district; and WHEREAS, during the Zoning Code review existing zoning district classifications were updated; and WHEREAS, RMF-1 RMF-2 and SR/LC zoning districts will be updated and consolidated into new zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That Section 1351.01 “Buildings and Uses Included” shall be amended to read as follows: 1351.01 BUILDINGS AND USES INCLUDED. Chapter 1351 shall apply to buildings in the RMF (Residential Multi- Family) Zoning District, RSL (Residential Senior Living) Zoning District, R-2F (Cluster Residential) Zoning District, and to Motel or Hotel uses. The construction of buildings in the RMF-1, RMF-2, SR/LC, and R2-F Districts RMF, RSL, and/or R-2F Zoning Districts and the construction of buildings for Motel or Hotel use shall conform to the following: a) The construction or conversion of any buildings for use as garden apartments or other low-rise multifamily buildings, where dwelling units are constructed one above the other, shall have a minimum requirement of Type 3(a) construction, as defined in the Ohio Basic Building Code, b) The construction or conversion of any buildings for use as motels and hotels shall have a minimum requirement of Type 2(a) construction, as defined in the Ohio Basic Building Code.  c) The construction or conversion of any buildings for use as townhouses, row houses, multiplexes, or other multifamily buildings, where dwelling units are constructed side by side, shall have a minimum requirement of Type 5(a) construction, as defined in the Ohio Basic Building Code. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto AN Sage Meany McGregor Ference Grech  delivered APR I! 7 ?»?? CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mr. McGregor Co-Sponsors: Mr. Sage, Mr. Bortolotto AN ORDINANCE AMENDING CHAPTERS 1501 AND 1503 OF THE FIRE PREVENTION CODE OF THE CODIFIED ORDINANCES OF THE CITY OF MIDDLEBURG HEIGHTS AND DECLARING AN EMERGENCY WHEREAS, Section 3737.82 of the Ohio Revised Code requires the State Fire Marshal to adopt a state fire code consisting of rules relating to all aspects of fire safety; and WHEREAS, the Ohio Fire Code, as adopted by the State Fire Marshal, is currently set forth in Chapter 1301 ;7-7 of the Ohio Administrative Code; and WHEREAS, the Ohio Fire Code applies “to all aspects of fire safety at any structures, building, premises, vehicles or other locations within the territorial jurisdiction of the State of Ohio”. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1; That Chapters 1501 and 1503 of the Codified Ordinances of the City of Middleburg Heights are hereby amended and shall read as set forth in Exhibit A hereto and incorporated herein. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Section 3; That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety, and welfare of said City. Wherefore, provided this Ordinance receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: President of Council Attest; Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto All Sage Meany McGregor Ference Grech  CHAPTER 1501 &.O.C.A National Fire Prevention Code 1501.01 1996 edition adopted. Adoption of Ohio Fire Code. 1501.02 Establishment and duties of Bureau of Fire Prevention and Investigation. 1501.03 Name of jurisdiction.(Repealed) 1503.04 Storage of explosives and blasting agents. 1503.05 Storage of flammable liquids in outside above-ground tanks; bulk plants. 1503.06 Bulk storage of liquefied petroleum gases. 1503.07 Motor vehicle routes for vehicles transporting explosives and blasting agents. 1501.08 Motor vehicle routes for vehicles transporting hazardous chemicals or other dangerous articles. 1501.09 Establishment of fire lanes on private property, devoted to public use.(Repealed) 1501.10 Appeals. 1501.11 New materials, processes or occupancies which may require permits. 1501.99 Penalty. CROSS REFERENCES Power to regulate against fires - see Ohio R.C. 737.21, 737.27 State Fire Marshal - see Ohio R.C. Ch. 3737 Fire Division - see ADM. Ch. 129 Amendments to B.O.C.A. National Fire Prevention Code - see FIRE PREV. Ch. 1503 1501.01 1996 EDiTION ADOPTED. OHIO FIRE CODE ADOPTED, (a) There is hereby adopted by and for the City that certain document marked and designated as the B-.-O.C.A. National- Fire Prevention Code, 1996 edition, as promulgated by Building Officials and Code Administrators International, Inc. Ohio Fire Code, as adopted by the State Fire Marshall, and as such code is published in Division 1301:7 of the Ohio Administrative Code, with all amendments to such Code as are made from time to 1 time, for the control of buildings and structures as therein provided, and ail of the regulations, provisions, penalties, conditions, terms and appendices of such Code are hereby referred to, adopted and made a part hereof, as if fully set forth herein, save and except such portions as may be hereinafter amended or deleted, (b) The purpose and intent of the Code herein adopted is to prescribe requirements and controls to safeguard life, property, and the public welfare from the hazards of fire and explosion arising from the storage, handling or use of substances, materials, or devices and from conditions hazardous to life, property and the public welfare in the use or occupancy of buildings, structures, sheds, tents, lotS, Of premiSGS. (c) In all cases of conflict between the Code herein adopted and any other Municipal ordinance or technical code adopted thereby, the more restrictive provision shall govern, except that the amendments provided in Chapter 1503 of this Fire Prevention Code shall govern in any case. Where there is a conflict and life safety is a factor, life safety shall prevail, (d) At least one copy of the Code herein adopted shall be on file with the Clerk of Council for inspection by the public. At least one copy shall also be on file in the County Law Library. In addition, the Clerk of Council shall have copies available for distribution to the public, at cost, (e) References in this Part Fifteen of these Codified Ordinances to "the Fire Prevention Code" shall be interpreted to mean Part Fifteen of these Codified Ordinances, including the Code herein adopted. 1501.02 ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION AND INVESTIGATION. (a) The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention and Investigation in the Division of Fire, which is hereby established, and which shall be operated underthe supervision of the Fire Chief. (b) The Fire Chief may detail such members of the Fire Division as members of the Bureau of Fire Prevention and Investigation. The Chief shall recommend to the Mayor the employment of technical inspectors who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Division of Fire and appointments made after examination shall be for an indefinite term with removal at the pleasure of the Fire Chief. (c) A report of the Bureau of Fire Prevention and Investigation shall be made annually and transmitted to the Mayor. It shall contain all proceedings under the Fire Prevention Code, with suchstatistics as the Fire Chief may wish to include therein. The Fire Chief shall also recommend any amendments to the Code which, in h4s the Fire Chiefs judgment, shall be desirable. (Ord. 1978-71. Passed 6-13- 78.) 1501.03 NAME OF JURISDICTION. Wherever the term -name of jurisdictlGn’’ appears in the B.O.C.A. National Fire Prevention Code, as adopted in Section 1501.01, it shall be held to mean the City of Middleburg-Heights, 2  Ohio. Repealed 1501.04 STORAGE OF EXPLOSIVES AND BLASTING AGENTS. The limits referred to in Section F-3003.2 of the B.O.C.A. National Fire Prevention Code 1301:7-7-56 of the Ohio Fire Code, as adopted in Section 1501.01, in which storage of explosives and blasting agents is prohibited, are hereby established as the entire Municipality. 1501.05 STORAGE OF FLAMMABLE LIQUIDS IN OUTSIDE ABOVE-GROUND TANKS; BULKPLANTS. (a) No person shall store flammable liquids in outside above-ground tanks in A or R2-F Residential Districts unless located more than 300 feet from any building or structure, or in Class RMF-1 or RMF-2 Residential Districts unless located more than 200 feet distant from the nearest teuilding, structure or property which may be built upon, and then only upon obtaining a permit therefor from the Fire Chief, (b) No person shall construct, erect, install or maintain bulk processing or industrial plants forflammable liquids anywhere in the City. (Ord. 1986-81. Passed 7-22-86.) (c) No person shall construct, erect, install or maintain above-ground bulk storage tanks for the purpose of dispensing flammable or combustible liquid motor fuels, except that up to 300 gallons may be stored in an approved container at a construction site, after obtaining a permit therefor fromthe Fire Chief. (Ord. 1992-6. Passed 2-11-92.) 1501.06 BULK STORAGE OF LIQUEFIED PETROLEUM GASES. No person shall store liquefied petroleum gas as referred to in Chapter 36 of the B.O.C.A. National Fire Prevention Code, as adopted-in Section 4501.01, in a quantity in excess of ninety pounds, anywhere in the City, without first obtaining a special permit therefor from the Fire Division. 1501.07 MOTOR VEHICLE ROUTES FOR VEHICLES TRANSPORTING EXPLOSIVES AND BLASTING AGENTS. Vehicles transporting explosives and blasting agents in or through the City or any part thereof shall use routes designated by the Fire Chief and shall not use any other public way in the City.(Ord. 1986-81. Passed 7-22-86.) 1501.08 MOTOR VEHICLE ROUTES FOR VEHICLES TRANSPORTING HAZARDOUS CHEMICALS OR OTHER DANGEROUS ARTICLES. Vehicles transporting hazardous chemicals or other dangerous articles in or through the City orany part thereof shall use routes designated by the Fire Chief and shall not use any other public way in the City. (Ord. 1986-81. Passed 7-22-86.) 3 1501.09 ESTABLISHMENT OF FIRE LANES ON PRIVATE PROPERTY, DEVOTED TO PUBLICUSE.(REPEALED) (EDITOR'S NOTE; Section 1501.09 was repealed by implication by the adoption of the B.O.C.A. National Fire Prevention Code (Ordinance 1991-109 passed September 10, 1991). See Sections F- 315.2, F-2314.10 and F-2320.7 of such Code.) 1501.10 APPEALS. Whenever the Fire Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the B.O.C.A. National- Fire Prevention Code Ohio Fire Code, as adopted in Section 1501.01, do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to Council within thirty days from the date of the decision appealed. 1501.11 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The Mayor, the Fire Chief and the Director of Building and Zoning shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the B.O.C.A. National Fire Prevention Code Ohio Fire Code, as adopted in Section 1501.01. The Chief of the Bureau of Fire Prevention and Investigation shall post such list in a conspicuous place in h+s the Fire Prevention office and distribute copies thereof to interested persons. 1501.99 PENALTY. (a) Any person who violates or fails to comply with any of the provisions of the B.O.C.A. National Fire Prevention Code Ohio Fire Code, as adopted in Section 1501.01, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement or specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the appropriate administrative appeal tribunal or by a court of competent jurisdiction, within the time fixed herein, is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal ofprohibited conditions. 4  CHAPTER 1503 Amendments to Fire Prevention Code 1503.01 Scope. 1503.02 Service of order to correct; citations. 1503.025 Submission of building plans. 1503.03 Survey of premises and specification of equipment. 1503.035 Automatic sprinkler systems. 1503.036 Standpipes.(Repealed) 1503.04 Sale of fire extinguishers; approval required. 1503.05 Automatic extinguishing system required. 1503.051 Additional alarm systems required. 1503.052 Yard hydrants. 1503.053 Access streets, roadways, driveways. 1503.054 Available water supply. 1503.055 Use of hydrants and valves. 1503.056 Damage to hydrants. 1503.06 Remote pumping systems.(Repealed) 1503.065 Monitoring/recovery wells. 1503.07 Open burning prohibited. 1503.08 Authority at fires and other emergencies. CROSS REFERENCES Incinerators - see BLDG. Ch. 1341 1503.01 SCOPE. The following sections of this chapter shall constitute modifications of, deletions from or additions to the B.O.C.A. National Fire Prevention Code Ohio Fire Code adopted in Chapter 1501, except as otherwise provided herein. In the event of any conflict or inconsistency with any of the provisions of this chapter and a provision of the B-.-QtC.A. National Fire Prevention Code Ohio Fire Code, the provision of this chaptershall control. 5 1503.02 SERVICE OF ORDERS TO CORRECT; CITATIONS. Wherever in the B.O.C.A. National Fire Prevention Code Ohio Fire Code, as adopted in Chapter 1501, the service of an order for the correction of violations is allowed, such service is hereby declared not tobe mandatory. Any violation of or noncompliance with any of the provisions of such Fire Prevention Code shall be deemed to be a misdemeanor. Upon observation of any such violation or noncompliance by any person charged with the responsibility of enforcing such Code, such person may issue a citation or institute other appropriate criminal proceedings. 1503.025 SUBMISSION OF BUILDING PLANS. All plans for new construction of buildings and structures and for changes in existing structures shall be submitted for the approval of the Bureau of Fire Prevention and Investigation and must be drawn to scale and be clear, comprehensive, detailed, and legible, to the satisfaction of the Chief ofthe Bureau. The plans shall be accompanied by specifications as to the character of the materials and as to features relating to the installation, in detail, so that a person can determine whether or not the proposed installation will conform with this Fire Prevention Code and with the provisions of the Ohio Basic Building Code relating to the fire prevention. All plans shall be submitted for approval prior to the issuance ofthe building permit. (Ord. 1986-81. Passed 7-22-86.) 1503.03 SURVEY OF PREMISES AND SPECIFICATION OF EQUIPMENT, a) The Chief of the Bureau of Fire Prevention shall survey or cause to be surveyed each commercial and industrial establishment, assembly, educational, institutional, mercantile, storage and residential occupancy, including multi-family buildings and dwellings except for the individual dwelling units of multi-family buildings and dwellings, and shall specify suitable fire extinguishing appliances and fire detection devices as may be necessary to provide reasonable safety to personsand property, b) Plans showing the location, size, and connections of the fixed portion of sprinkler systems, automatic fire extinguishing systems, alarm systems, standpipe systems and yard hydrant systemsshall be furnished the Bureau of Fire Prevention and Investigation. The plans shall be to scale and shall include the details necessary to indicate clearly all the apparatus and its arrangements. The plans shall be accompanied by specifications coveringmaterial and features relating to the installation in detail, c) All plans and specifications for the installation of fire protection equipment submitted shall meet the requirements of NFPA Standards Nos. 13 and 14 and standards of Insurance Services ofOhio and the Bureau of Fire Prevention and Investigation and Ohio Fire Code.(Ord. 1978-71. Passed 6-13-78; Ord. 1986-81. Passed 7-22-86.) 1503.035 AUTOMATIC SPRINKLER SYSTEMS. a) GENERAL. (1) The areas referred to in this section shall be the areas enclosed by exterior 6  walls or fire walls or a combination thereof, except that in buildings of fire-resistive construction the areas shall be those enclosed by exterior walls, fire walls or walls of noncombustible material having a fire- resistance rating of not less than 2 hours, or a combination thereof. (2) Combustible goods or merchandise referred to in this section shall include those made of wood, paper, or rubber; those containing flammable liquids; those packed with excelsior, paper, or foamed plastic; and other goods or merchandise of equivalent or greater combustibility. b) SPRINKLER EQUIPMENT REQUIRED: Approved automatic sprinkler equipment shall be installed and maintained as follows; (1) Especially Hazardous Properties. Throughout every building which by reason of its inferior construction or highly combustible occupancy, in the judgment of the Bureau of Fire Prevention and Investigation, constitutes a severe fire hazard or involves a severe life hazard, or constitutes a fire menace to adjoining property. (2) Buildings for the Manufacture. Storage or Sale of Combustible Goods or Merchandise. Throughout every fire-resistive building occupied in whole for the manufacture, storage or sale of combustible merchandise or goods, if over two stories in height or more than 15,000 square feet in area, or if over five stories in height regardless of area. Throughout every story occupied in whole or part for the manufacture, storage or sale of combustible goods or merchandise in fire-resistive buildings over two stories in height or more than 15,000 square feet in area, or over five stories in height regardless of area. Throughout every building of other than fire- resistive construction occupied in whole or part for the manufacture, storage or sale of combustible goods or merchandise, if over one story in height or more than 10,000 square feet in area, if over three stories in height and more than 5,000 square feet in area, or if over five stories in height regardlessof area, or in such parts of buildings of this class as may be specified by the Bureau of Fire Prevention and Investigation. (3) Garages. Throughout public garages in fire-resistive buildings over 10,000 square feet in area, or non-fire-resistive buildings over 6,000 square feet in area. (4) Basements. Throughout all basements and cellars of buildings having an area of 2,500square feet or more used for the manufacture, storage or sale of combustible materials or merchandise, or the housing of automobiles. (5) Hotels and Motels. Throughout all hotel and motel buildings two stories or more in height or one story in height if over 5,000 square feet in area, fire suppression systems shall be required in stairways, exit way access passageways, corridors, storage areas, workshops, all areas of assembly, restaurants, dining rooms, lounges, lecture halls and conference rooms. (6) Multi-Family. Houses and Dormitories. In the basements, cellars, storerooms, kitchens, workrooms, hallways and stairways of all multi-family houses and dormitories of non-fire-resistive construction, two stories or more in height or one story in height if over 5,000 square feet in area. (7) Theaters and Halls. Throughout all buildings occupied or used as places of 7  public assembly having a stage arranged for theatrical, operatic, or similar performances, excepting onlythe auditorium, foyers, lobbies, and immediate vicinity of automatic stage ventilators, or throughoutall buildings of non-fire-resistive construction if such places of assembly are located above the firstfloor, whether or not there is a stage. (8) Schools and Public Building . In basements, kitchens, shops, and other spaces where combustible materials are stored and handled, or in schools or other buildings of non-fire-resistiveconstruction more than two stories in height or two stories in height if over 10,000 square feet in area. (9) Buildings Over Fifty. Feet in Height. All buildings over fifty feet in height including the penthouse or other structure, regardless of occupancy, square feet in area or type of construction shall be provided with automatic sprinkler system protection throughout the entire building and shall be installed according to Nationally Recognized Good Practice, NFPA No. 13 Standards andinsurance Services of Ohio standards. (10) Supervised Systems. In all buildings requiring an automatic sprinkler system, the sprinkler system shall be a supervised system according to approved standards under Sections 4101:2-25-09 and/or 4101:2-25-10 of the Ohio Administrative Code for central station, proprietary or remote signaling systems. An annunciator shall be located near the location of the Fire Department entry and approved by the Bureau of Fire Prevention. The system shall be arranged in such a manner that when a sprinkler activates, the local alarm shall sound on the floor of activation and the annunciator will indicate the floor level and fire area of activation. Supervised isolation valves and waterflow devices shall be provided on each floor. When permitted by Municipal Codes and/or Nationally Recognized Good Practice, optional and alternate construction methods may be accepted upon approval of the Bureau of Fire Prevention. Height of building shall be measured from the lowest grade level to the maximum height of any part of the structure. (11) Exemption and Substitution of Other Eouioment. Nothing in this section shall be construed to require the installation of sprinkler equipment in safe deposit vaults, in rooms or buildings devoted to manufacture or storage of aluminum powder, calcium carbide, calcium phosphide, metallic sodium and potassium, quicklime, magnesium, sodium peroxide or like materials where application of water may cause or increase fire, or in any other location where the installation of sprinklers may increase the hazard, nor shall this section be construed in any way tointerfere with the substitution of other approved automatic protection equipment, c) WATER SUPPLY TO SPRINKLER SYSTEMS: Required sprinkler systems shall have at leastone automatic water supply of adequate pressure, capacity and reliability as determined by nationally recognized good practice and approved by the Bureau of Fire Prevention, d) FIRE DIVISION CONNECTIONS TO SPRINKLER SYSTEMS: Every sprinkler system, shall be equipped with one or more Division of Fire hose connections (Siamese connection) and shall be so located as to permit prompt and easy attachment of hoses. The thread of all connections shall be uniform with that used by the Division of Fire. Substantial 8  plugs or caps with chains shall be provided on each connection. There shall be a Division of Fire hose connection on each street frontage or, \A/hen it may be deemed necessary by the Bureau of Fire Prevention, a connection shall be provided on an exterior building wall. When a frontage or exterior wall is less than fifty feet in length, no connection shall be required on that frontage if the required connections are provided on other frontages. Each connection shall be suitably marked with raised letters reading “Fire Division Connection - Automatic Sprinklers,” or, when only stories below grade are equipped, “Fire Division Connection -Basement Sprinklers” or “Cellar Sprinklers. “ An approved straightway check valve shall be installed in each Division of Fire connection and shall be located as near as practical to the point where it joins the system. The pipe between the outside hose connection and the check valve shall be arranged to drain in an approved manner, Siamese connection to be painted and maintained as required by the Bureau of Fire Prevention. e) FIRST-AID HOSE IN SPRINKLER EQUIPPED BUILDINGS: In sprinkler equipped buildings, first-aid hose may be connected to a sprinkler system supplied directly by an adequate water supply. In the event a dry sprinkler system is approved, dry standpipes may be substituted for wetstandpipes as required by this Fire Prevention Code. First-aid hose connected to the sprinkler system located inside buildings shall conform to the regulations and requirements as set forth in Section 14.5 “Standpipes” in this Code. f) FLUSHING AND TESTING: Underground mains and lead-in connections to system risers shall be flushed thoroughly before connection is made to sprinkler piping in order to remove foreign materials which may have entered the underground piping during the course of installation. All underground mains and sprinkler system piping shall be hydrostatically tested for not less than200 pounds per square inch for 2 hours. The Bureau of Fire Prevention shall be given ample notice prior to any testing and such test shall be observed by a representative of the Bureau of Fire Prevention. (Ord. 1981-41. Passed 3-10-81.) 1503.036 STANDPIPES.(REPEALED) (EDITOR'S NOTE: Section 1503.036 was repealed by Ordinance 1989-2, passed March 28,1989.) 1503.04 SALE OF FIRE EXTINGUISHERS; APPROVAL REQUIRED. a) It shall be unlawful for any person, directly or through an agent, to sell or offer for sale in the City any make, type or model of extinguisher, either new or used, unless such make, type or model of extinguisher has first been tested and is approved and labeled by the Factory Mutual Laboratories, Underwriters' Laboratories, Inc., or other testing laboratory approved by the Fire Marshal as providing adequate and reliable tests and examination; and it shall be unlawful for any person, directly or through an agent, to deliver 9 or make available for use in the City any make, type or model of extinguisher which is not first tested and/or serviced as required in the standards of the National Fire Protection Association entitled "Standard for the Installation, Maintenance and Use of Portable Fire Extinguishers"(NFPA No. 10) dated June, 1959, or any supplemented standards, a copy of which is on file in the office of the Fire Chief and which regulations hereby are adopted and made by reference a part of this Fire Prevention Code. b) It shall be unlawful for any person, directly or through an agent, to sell or offer for sale in the City any make, type, or model of vaporizing liquid fire extinguisher, whether laboratory approved or not, except for use on a motor carrier as authorized by the law of this State and laws of the United States relating to motor carriers. (Ord. 1978-71. Passed 6-13-78;Ord. 1986-81. Passed 7-:22-86.) 1503.05 AUTOMATIC EXTINGUISHING SYSTEM REQUIRED, a) All cooking appliances such as electric or gas-fired ranges, deep-fat fryers, broilers, roasting ovens, candy kettles, chicken cookers, doughnut fryers and other commercial cooking appliances used by establishments in this City preparing or serving food to the public (on a regular basis), including private clubs, shall be provided with a hood and ventilating facilities, as required by the Building Code of the City. Fire protection shall be provided by means of an automatic fire extinguishing system providing protection above and below the filter area, the exhaust plenum behind the filters, the entire length of the exhaust duct, the deep-fat fryers, doughnut fryers, chicken cookers and candy kettles, according to performance standards and specifications of the National Fire Protection Association. The normal manual control for actuation shall be located so as to be conveniently and easily accessible at all times, including at the time of fire. This control shall cause the complete system tooperate in its normal fashion. All hazards venting through a common duct are to be protected simultaneously, b) Actuation of a C02 system must automatically close damper and shut off forced ventilating fans, actuation of a dry chemical type system and a karabaloy system must necessitate that dampers be open and forced ventilating fans be operating in a manner as to carry extinguishing agent into exhaust duct. Actuation of any of the above-mentioned systems will shut off the master fuel valve or power switch to all cooking equipment associated with the hood; these must be of the type that requiremanual resetting. Plans and specifications shall be submitted to the Bureau of Fire Prevention and Investigation and to the Fire Chief for approval before installation may proceed. Automatic fire extinguishing systems shall be inspected and full-flow tested with the extinguishing agent which the system is designed for, before acceptance and annually thereafter, by the manufacturer or his their authorized agent, and a report of its test and inspection shall be sent to the Bureau of Fire Prevention and Investigation. All testing shall be done under the direct supervision of the Bureau of Fire Prevention and Investigation. A puff test may be substituted at the discretion of the Bureau of Fire Prevention and 10 Investigation. If, upon inspection by the Bureau of Fire Prevention and Investigation, any such cooking appliances are found not to be protected by an automatic extinguishing system, as required by this section, the Fire Chief shall order the owner, tenant, or operator of such facilities to submit plans and specifications to the Bureau of Fire Prevention and Investigation for the installation of such system and shall order the installation of such system according to approved plans. Such plans and specifications shall be submitted within six months of receipt of such order and the installation of the system shall be completed within one year of receipt of such order, except that the Fire Chief may grant an extension of such time limits for delays caused by factors beyond the control of the person or persons so ordered. 1503.051 ADDITIONAL ALARM SYSTEMS REQUIRED. A fire alarm system shall be installed and maintained in full operating condition in all buildings where fire suppression equipment or smoke and/or heat detectors are not required, in the locationsdescribed in subsection a. through j. hereof. a) USE GROUP B: In all buildings or tenant space of Use Group B over 6,000 square feet. Exception: In existing buildings or tenant space over 3,000 square feet, but less than 6,000 squarefeet, an automatic single station smoke detector alarm system supervised to a control panel with battery back-up. b) USE GROUP F: In all buildings of Use Group F. c) USE GROUP I: In all buildings of Use Group 1-1, 1-2 and 1-3, an automatic fire alarm systemshall be installed inside each sleeping room. This system shall consist of one or more approved smoke detectors that shall be both zone and individually annunciated to a supervised propriety system annunciator panel, at locations as determined by the Bureau of Fire Prevention and Investigation. d) USE GROUP M; In all buildings or tenant space of Use Group M, over 3,000 square feet in floor area. e) USE GROUP R: In all buildings of Use Group R-1 and R-2, an automatic fire alarm systemshall be installed inside each sleeping room. This system shall consist of one or more approved smoke detectors that shall be both zone and individually annunciated to a supervised propriety system annunciator panel, at locations as determined by the Bureau of Fire Prevention and Investigation. 1. Buildings or Portions of Use Group- R-1: Each tenant space with cooking facilities and afloor area over 474 square feet shall have two approved smoke detectors in locations as determined by the Bureau of Fire Prevention and Investigation. 2. Use Group-S R-3 , R-4 and R-5: All newly constructed dwellings shall be provided withhousehold fire warning equipment that complies with NFPA Standard 74. Exception: AC power supply smoke detectors shall have battery back-up. 3. Existing Dwelling: All existing one and two-family dwellings subsequently 11  renovated and alladditions to one or two-family dwelling shall have smoke detectors, as set forth in paragraph e. 2. hereof, installed in them. 4. Prohibited Sale: No person shall sell, within the City, any smoke detector, unless such detector meets the standards set out in this section. An Underwriters' Laboratory (UL) label or Factory Mutual label indicating that the smoke detector is listed as an approved fire alarm device is satisfactory evidence that the detector meets the requirements of this section. f) USE GROUPS: In all buildings or portions of buildings of Use Group S-1 or S-2. g) ANNUNCIATOR PANEL; Required Fire Protection Systems shall be connected directly to an approved supervised zoned annunciator panel installed near the location of Fire Division entry as approved by the Fire Official, except that the Bureau of Fire Prevention and Investigation may, upon application, waive this specific requirement where the area, height or special conditions of occupancy are such that this requirement is not deemed to be an essential feature of alarm protection of the property. h) PERMITS AND PLAN APPROVAL FEES: A permit shall be issued by the Bureau; at which time the detector or alarm system shall be verified as being of an approved type. The fees for plan approvals and inspections for alarm systems referred to in this section shall be as follows: Fire alarm system, per floor $25.00 Smoke detectors, per floor 25.00 Smoke detector, per dwelling 10.00 Flalon system 25.00 i) INSTALLATIONS: All fire protection system installations shall be supervised by at least onecertified employee during all times of work or assembly of the system.(See Ohio R.C. 3737.65.) j) FALSE ALARMS: False alarm charges shall be made as follows: No charge shall be made for the first false alarm annually. A charge of twenty-five ($25.00) dollars shall be made for the second false alarm annually, and a charge of fifty ($50.00) dollars shall be made for each false alarm thereafter, annually. Notwithstanding the fee to be assessed, no charge shall be made for a false alarm to which there is no response by the Fire Division, when the cause has been proven to be an act of God or when ithas been established to the satisfaction of the Fire Official that the owner or operator of the business or residence could not have prevented it with the exercise of ordinary care. (Ord. 1987-35. Passed 6-9-87.) 1503.052 YARD HYDRANTS, a) SPECIFICATIONS AND PERMITS: Plans showing the location, size and connections of the yard system shall be submitted to the Bureau of Fire Prevention and Investigation for approval. Theplans shall be to scale and include the details necessary to clearly indicate all apparatus and its arrangements. The plans shall be accompanied by specifications covering the character of the material and features relating to the installation 12  in detail, b) HYDRANT SYSTEM; Whenever the ground area of the premises of an industrial plant, tank farm, storage area, shopping center, apartment building or other occupancy involving the use of large ground area exceeds 15,000 square feet and such premises are so located or arranged that efficient firefighting cannot be carried on from existing public hydrants, yard hydrants shall be provided. Yard hydrants shall be required if the distance from any portion of a building to a public hydrant is more than 300 feet in the direction of travel as determined by the Bureau of Fire Prevention, c) NUMBER AND LOCATION REQUIRED: When yard hydrants are required, such hydrants shall be located not more than 10 feet from a driveway or parking area and spaced not more than 300 feet apart. For average conditions, hydrants should be placed approximately 50 feet from the buildings or structures to be protected. Where it is impractical to place them at this distance, they may be placed in other locations provided they are not more than 150 feet from the buildings or structures to be protected and provided they are not located where the chance of injury by falling walls, smoke or heat is great, d) TYPES OF HYDRANTS AND FITTINGS; All hydrants shall be a minimum of 8 inches in size, with triple connections, and shall have an approved underground shut-off valve located not more than 10 feet from the hydrant. When deemed necessary by the Bureau of Fire Prevention and Investigation, or when required by this Fire Prevention Code, suitable Siamese connections and check- valves shall be installed in the yard system main at the junction with the public main. Not less than 8-inch diameter pipe shall be installed underground in yard systems for mains or branches. In large installations, a loop system may be required in view of its larger carrying capacity. The size of the pipe supplying the yard system shall be approved by the Bureau of Fire Prevention and Investigation, with due consideration being given to the construction and occupancy of the yard system and to the volumeand pressure of available water. Yard hydrants and post indicator valves shall be maintained and painted as required by the Bureau of Fire Prevention and Investigation, e) HOSE HOUSES: When deemed necessary by the Bureau of Fire Prevention and Investigation, or when required by this Fire Prevention Code, an adequate supply of 2-1/2 inch approved rubber lined hose, arranged or packed within a hose house ready for use at any time, shall be installed and maintained. Such hose shall be fitted with a suitable adjustable nozzle with ashut-off. Hose houses shall be painted with the words “Fire Hose” in letters 6 inches high on the door, f) WATER SUPPLY: Where adequate pressure and capacity exist, yard hydrants shall be connected to the public water supply. Where the public water supply is deemed inadequate by theBureau of Fire Prevention and Investigation, such yard hydrants shall be supplied from a gravity tank of not less than 60,000 gallons capacity, elevated so that the bottom of the tank is at least 75 feet above the highest grade level within the area protected, or at least 25 feet above the highest structure in the area, or from a fire pump or pumps with a capacity of not less than 1,000 gallons per minute drawing from a storage tank of not less than 60,000 gallons capacity, or from some other approved source which will provide an adequate supply of water for fire-fighting purposes. If the water supply is taken from a well, stream, lake or other source, no cross- 13 connection between a public water main and the water drawn from other sources shall be permitted, (g) FLUSHING AND TESTING: All new yard piping shall be flushed thoroughly to remove foreign materials which may have entered the underground piping during the course of installation and shall be tested hydrostatically at not less than 200 pounds static pressure for 2 hours. Such flushing and testing shall be conducted with a member of the Bureau of Fire Prevention and Investigation present, (h) SHUT-OFF VALVES: All mains or branches shall have cut-off valves every 800 feet or where, in the opinion of the Bureau of Fire Prevention and Investigation, additional valves may be required. (Ord. 1978-71. Passed 6-13-78; Ord. 1986-81. Passed 7-22-86; Ord. 1992-4. Passed 1-14-92.) 1503.053 ACCESS STREETS, ROADWAYS, DRIVEWAYS. Access streets, roadways, and driveways, where required, shall be of sufficient width to permit easy passage of any Fire Division apparatus and in no case shall the width be less than 20 feet. The surface shall be of sufficient strength and type to adequately support any fire apparatus under any weather conditions. The curve radius and grade elevations shall be such as to permit any fire apparatus to negotiate curves and grades under any weather conditions, and in no case shall the curve radius be less than 25 feet. (Ord. 1978-71. Passed 6-13-78.) 1503.054 AVAILABLE WATER SUPPLY. No permit for the construction of any building shall be issued except where adequate water supply and facilities for fire-fighting purposes are available. If the Bureau of Fire Prevention and Investigation finds, upon inspection of any building under construction, that adequate water supply or facilities for fire-fighting purposes are not being furnished as required, all construction shall stop, and the permit previously issued shall be revoked until such time as adequate water supply or fire-fighting facilities are furnished. (Ord. 1978-71. Passed 6-13-78.) 1503.055 USE OF HYDRANTS AND VALVES, (a) No person except Fire Division personnel shall remove the cap or cover from, or turn on or off, any public or private fire hydrant, water valve or stop-cock used for fire protection in the Municipality without first notifying the Fire Division. No person shall make a connection from any fire hydrant in the Municipality to take water therefrom for private use, unless such person has first applied for and obtained from the Fire Chief a letter authorizing a permit to be issued for such use of a fire hydrant. After such permit is issued it shall be the duty of the permittee to present to the Fire Chief the receipt for such permit or a copy ofthe permit. Any equipment used without a permit shall be confiscated by the Division of Fire. (Ord. 1978-71. Passed 6-13-78.) (b) Whoever violates this section is guilty of a misdemeanor of the first degree and 14 shall be finednot more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. 1999-52. Passed 5-25-99.) 1503.056 DAMAGE TO HYDRANTS. All permission to use a fire hydrant shall be issued subject to the express condition that the permittee shall indemnify and save the Municipality harmless from all loss or damage that may be occasioned by the lack of care, skill or attention of the permittee or anyone in their employ in the making of a connection or in the use of such fire hydrant. The permittee shall, if any damage is caused to any fire hydrant or water main of the Municipality in the use thereof, promptly, and fully reimburse the Municipality for the full cost and expense of the repairs necessary. All hydrants used for any purpose shall have reducing couplings attached to the fire hydrant with an independent valve for regulation of the supply. The main valve of the hydrant shall be opened full and remain open until use of the hydrant is completed for that day. The hydrant shall be operated only with the use of a proper hydrant wrench. Upon completion of the use of a fire hydrant, the permittee shall notify the Fire Chief, who shall promptly inspect each hydrant used and shall make a report of any damage or necessary repairs.The permittee shall promptly and fully reimburse the Municipality for the full cost and expense of the necessary repairs. (Ord. 1978-71. Passed 6-13-78.) 1503.06 REMOTE PUMPING SYSTEMS.(REPEALED) (EDITOR’S NOTE: Section 1503.06 was repealed by Ordinance 1986-81, passed July 22, 1986. See Section 1503.065.) 1503.065 MONITORING/RECOVERY WELLS. (a) Special Conditions for Underground Tank Storage . (Amendment of Section 2804.0 of Code and National Fire Protection Association Standard No. 30, paragraphs 2 and 3, as referenced in Appendix A of the Code.) There shall be a monitoring/recovery well located at each quadrant of thetank cavity or series of tanks in a single cavity. The well casing shall: (1) Be a minimum of 12 inches in diameter; (2) Be slotted from the bottom to at least 2 feet above the normal annual high water table; (3) Have a minimum slot size of .010 inches; (4) Be completed by wrapping in an appropriate filter cloth to prevent clogging and bybackfilling with an appropriate clean filter pack; (5) Be constructed of schedule 40 PVC or other material which is impervious to the pollutant stored and approved by the Fire Division; 15  (6) Be sealed into the bore hole at the surface with an impervious barrier designed to prevent contamination of the well by surface pollutants and damage to the well; (7) Be equipped with a watertight cap with an opening not less than 12 inches in diameter; (8) Be of such length that the bottom of the casing is at least 4 feet below the bottom of the storage tank. (b) Testing Existing Underground Tanks and Piping. (Amendment to National Fire ProtectionAssociation’s Standards No. 30, paragraphs 2 to 7, as referenced in Appendix A of the Code.) Before underground tanks and piping are covered, enclosed, or placed in use, or whenever the associated tank is tested, all integral piping systems shall be hydrostatically tested for tightness hydrostatically at not more than five lbs. per sq. inch. (Ord. 1986-81. Passed 7-22-86.) 1503.07 OPEN BURNING PROHIBITED. (a) No person shall kindle or maintain any bonfire, waste material or rubbish fire, tree or leaf fire or any other outdoor fire or authorize any such fire to be kindled or maintained. This prohibition shall not apply to any outdoor fire used exclusively for cooking, recreation or any approved outdoor bonfire used for ceremonial purposes at a school and/or civic event by any school and/or civic organization. Approval for such bonfires shall be obtained from the Chief of the Fire Division or his or her designee, in writing. All bonfires used for ceremonial purposes shall be not less than fifty feet from any structure and adequate provisions shall be made to prevent fire from spreading to within fifty feet of any structure. Any such bonfire shall be attended and monitored by not less than one City fire-fighter with sufficient equipment to extinguish such fire. Costs for such fire-fighter and equipment shall be charged to the organization sponsoring the event. The Fire Chief or his or her representative shall be permitted to prohibit and/or revoke approval ofany outdoor fire when atmospheric conditions or local circumstances make such fires hazardous. (Ord. 1984-147. Passed 10-23-84.) (b) Whoever violates this section is guilty of a misdemeanor of the first degree and shall be finednot more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. A separate offense shall be deemed committed each day during or on which aviolation occurs or continues. (Ord. 1999-45. Passed 5-11-99; Ord. 2014-74. Passed 11-25-14.) 1503.08 AUTHORITY AT FIRES AND OTHER EMERGENCIES. The Fire Chief or his or her authorized representative shall be in charge at the scene of a fire orother emergency involving the protection of life and/or property and shall remain in charge until authority is relinquished. (Ord. 1986-81. Passed 7-22-86.)  . delivered APR 0 1 2022 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mr. McGregor Co-Sponsors: Mr. Sage, Mr. Bortolotto AN ORDINANCE AMENDING CODIFIED ORDINANCE SECTION 672.12 TO PROHIBIT THE DISCHARGE, IGNITION OR EXPLOSION OF FIREWORKS ON CERTAIN DAYS EACH YEAR WHEREAS, Substitute House Bill 172 was recently adopted by the Ohio General Assembly: and WHEREAS, Governor DeWine recently signed Substitute House Bill 172 into law, amending Section 3743.45 of the Ohio Revised Code allowing the possession and discharge of consumer grade fireworks on certain designated days, and further allowing municipalities to restrict the dates and times of the use of consumer grade fireworks or to impose a complete ban on the use of consumer grade fireworks; and WHEREAS, the City desires to continue to regulate the possession, sale, discharge, ignition and/or explosion of fireworks; and WHEREAS, the City desires to enact regulations to preserve residents’ quiet enjoyment of their residential properties and ensure the safety of dense residential and business areas; and WHEREAS, the City desires to impose a complete ban on the use of consumer grade fireworks with exceptions listed in Section 672.12(h) of the Middleburg Heights Codified Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That Section 672.12(f)(2) Possession, Sale, Discharge and Advertising: Falsification, shall be amended to read as follows: (2) Except as provided in Ohio R.C. 3743.80 or a substantially similar municipal ordinance, and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to Ohio R.C. 3743.50 through 3743.55 or a substantially similar municipal ordinance, no person shall discharge, ignite, or explode any fireworks in this Municipality, including a prohibition of the discharge, ignition or explosion of fireworks purchased pursuant to Ohio R.C. Section 3743.45 intending to prohibit the discharge, ignition or explosion of fireworks on private property on any of the days set forth in Ohio R.C. Section 3743.45(b). Section 2: That Section 672.12(f)(6) Possession, Sale, Discharge and Advertising: Falsification, shall be amended to read as follows: (6) No person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor, or shipping permit holder shall possess 1.3G fireworks or 1.4G fireworks in this Municipality. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto All Sage Meany McGregor Ference Grech  iDEliVERED 0 *7 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2022- Introduced By: Mr. McGregor Co-Sponsors: Mr. Sage, Mr. Bortolotto A RESOLUTION AUTHORIZING THE FIRE CHIEF TO DONATE OBSOLETE FIREFIGHTER BUNKER GEAR NO LONGER NEEDED FOR ANY MUNICIPAL PURPOSE WHEREAS, the Middleburg Heights Fire Department is in possession of old and obsolete firefighting bunker gear, which may include gear jackets, pants, helmets, hoods, gloves, and boots, which are well over 10 years old, no longer suitable for use based on NFPA standards, and is no longer needed for any municipal purpose; and WHEREAS, the Medina County Career Center has a Firefighter/EMT program which prepares students for careers in the emergency medical field, firefighting, and Hazmat training: and WHEREAS, donating outdated equipment that is still in good working condition helps provide costly equipment to schools working with limited budgets while further advancing environmental initiatives by reducing unnecessary waste; and WHEREAS, the small gesture of donating PPE to students for training can create a lasting positive association that could lead to these students seeking an opportunity to become part of the Middleburg Heights Fire Department. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1; That this Council finds that the Fire Department of the City of Middleburg Heights has firefighting personal protective equipment, including gear jackets, pants, helmets, hoods, gloves, and boots which are well over 10 years old, are no longer suitable for use based on NFPA standards, and are no longer needed for any municipal purpose and further finds that it would be in the best interest of the City to dispose of such equipment by donation in lieu of auction or salvage. Section 2: That the Fire Chief is hereby authorized to implement for donation the transfer of the equipment to the Medina County Career Center. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest; Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto All Sage Meany McGregor Ference Grech  . delivered APR 5 7 2022 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2022- Introduced By: Mr. Meany Co-Sponsors: Mr. All, Mr. McGregor A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH CROSSROADS ASPHALT RECYCLING, INC. FOR GENERAL PAVEMENT SERVICES FOR 2022 WHEREAS, pursuant to legal advertisement duly made, sealed bids were received on March 21, 2022, for GENERAL PAVEMENT SERVICES FOR 2022 in accordance with specification on file with the City Engineer; and WHEREAS, the bid of Crossroads Asphalt Recycling, Inc., 13421 Hawke Road, Columbia Station, OH 44028 for General Pavement Services for 2022 in the amount of $297,000.00 is determined to be the lowest and best bid, therefore. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the bid of Crossroads Asphalt Recycling, Inc. for General Pavement Services for 2022 in an amount not to exceed $297,000.00 being the lowest and best bid submitted pursuant to legal advertisement and specifications on file with the City Engineer, be and the same is hereby accepted. Section 2: That the Mayor and Finance Director are hereby authorized to enter into a contract with Crossroads Asphalt Recycling, Inc., 13421 Hawke Road, Columbia Station, OH 44028 in accordance with Section 1 of this Resolution. Section 3: That there is hereby appropriated up to $297,000.00 from the Street/Infrastructure Capital Improvement Fund to implement this Resolution. Section 4: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto AN Sage Meany McGregor Ference Grech  Department of Engineering City of Middleburg Heights 15700 Bagley Road • Middleburg Heights, Ohio 44130 Matthew J, Castelli Michael Mackay Mayor City Engineer MEMO TO: Mayor Castelli and Council CC: Santo Incorvaia Jason Stewart FROM: Kimberly Kerber Jim Herron Michael Mackay DATE: March 23, 2022 RE: 2022 General Pavement Services Attached is the bid tabulation for the referenced project. We received one bid. We have reviewed the bid and we also performed a certified search of the unresolved findings database for Crossroads Asphalt Recycling, Inc. and a copy is attached hereto. The low bidder was Crossroads Asphalt Recycling Inc. in the amount of $389,611.50. Crossroads Asphalt Recycling, Inc. is prequalified by the Ohio Department of Transportation (ODOT)for the type of work involved on this project. Crossroads Asphalt Recycling, Inc. has also successfully completed the 2019 & 2020 & 2021 General Pavement Services contracts and other projects in the City of Middleburg Heights, City of Berea, and the City of Olmsted Falls. Crossroads has received favorable references from the City of Olmsted Falls and the City of Berea. I recommend the contract in the amount of$297,000.00 be awarded to: Crossroads Asphalt Recycling, Inc. 13421 Hawke Road Columbia Station, OH 44028. Kimberly Kerber /bij Enclosure Mid 2022 GPS Bid Tab O32322.docx  "‘ Keith Faber Ohio Auditor Certified Search for Unresolved Findings for Recovery r OHIO AUDITOR OF STATE Office of Auditor of State KEITH FABER ; 88 East Broad Street Post Office Box 1140 Columbus, OH 43216-1140 Auditor of State - Unresolved Findings for Recovery Certified Search (614)466-4514 (800)282-0370 I have searched The Auditor of State's unresolved findings for recovery database using the following criteria: Contractor's Information- Name: , Organization: crossroads asphalt Date: 3/23/2022 2:30:08 PM This search produced the following list of 10 possible matches: Name/Organization Address Crocker, James 15921 St. Route 709 LotIO Crockett, Steve 3280 Morse Rd., Suite 214 Cropper, Richard 8010 MEADOWCREEK DRIVE Crosby, Ph.D, Edward 437 Silver Meadows Blvd. Crossroads Preparatory Academy 350 Columbus City Center Drive Crowell, Irene 26200 George Zeiger Drive Harte Crossroads Academy 350 Columbus City Center Drive Harte Crossroads High School 350 Columbus City Center Drive Harte Crossroads Public Schools 350 Columbus City Center Drive Unimicro, Inc, Mr. Benedict Uguru, President 1463 Warrensville Center Road #106 The above list represents possible matches for the search criteria you entered. Please note that pursuant to ORC 9.24, only the person (which includes an organization) actually named in the finding for recovery is prohibited from being awarded a contract. If the person you are searching for appears on this list, it means that the person has one or more findings for recovery and is prohibited from being awarded a contract described in ORC 9.24, unless one of the exceptions in that section apply. If the person you are searching for does not appear on this list, an initialed copy of this oaae can serve as documentation of your compliance with ORC 9.24(E). ^^ I™ - '■* The Auditor appear in the Auditor of State s database. responsibility of the public office to verify that a person to whom it plans to award a contract does not of State's office is not responsible for inaccurate search results caused by user error or other circumstances beyond the Auditor of State's control.