• Applications, Forms & Document Downloads
  • Codes Enforced in Montgomery County
  • Fees
  • Who to Call in Townships, Cities and Villages
  • Project Success Information
  • Check Permit Status
  • Find Permit Info by Parcel or Address
  • Floodplain Information & Maps
  • WPAFB Map & Zoning Information
  • FAQ's
  • Links
  • Contact Us
  • Where to Find Us
  •  

    General Division Policies

    View our FAQ's as a printable PDF document. 

    1. What work does Montgomery County Building Regulations Division regulate?
    2. Where can I obtain copies of the codes you enforce?
    3. Do contractors have to be licensed to work in Montgomery County?
    4. I am the homeowner. Do I need to register to perform work on my own property?
    5. What areas of Montgomery County are under your jurisdiction?
    6. Is any construction exempt from building permits?
    7. What permits do I need if I'm just moving into an existing space, and doing no remodeling?
    8. What do I need to submit in order to get a permit?
    9. How long does it take to get a permit?
    10. Can I get a partial permit to get construction started more quickly?
    11. How can I group permits for multiple tenants or dwellings?
    12. What other permits might I need?
    13. What else should I know before I start construction?
    14. Once I obtain a permit, what inspections are required?
    15. What must be done before I can get power turned on at a building?
    16. Explain C.O.'s and T.C.O.'s
    17. Explain your penalty fees
    18. How can I appeal a decision, interpretation, or order of the Building Regulations Division?
    19. What are your local climatic design criteria for structural design?
    20. Can I look up information about prior permits, inspections, and occupancy approvals for the building I'm interested in?
    21. How might Montgomery County's Floodplain Damage Prevention Regulations affect my project?
    22. How might Wright-Patterson Air Force Bass Airport Zoning Regulations affect my project?
    23. What do I need to get a Daycare Licensing Permit?
    24. What do I do if my building is damaged by fire, wind, rain, snow, or vehicles?
    25. Explain your refund policy
    1. What work does Montgomery County Building Regulations Division regulate?

    One, Two and Three Family Dwellings and their accessory structures, commonly referred to as "Residential Construction": Per local resolution, Montgomery County regulates new construction, additions, and alterations of these dwellings and their accessory structures, including work such as finishing basements, converting garages to living spaces, and deck construction. Enforcement extends to both structural and non-structural construction, and includes mechanical and electrical work as well.

    All Commercial and Multi-Family (4 or more) Residential Structures, commonly referred to as "Commercial Construction". Per state law, this construction is regulated by the Ohio Board of Building Standards, and is enforced locally by Montgomery County. This includes new construction, additions, structural and non-structural alterations, and changes of occupancy. Enforcement also covers mechanical and electrical work, and fire suppression
    and alarm systems.

    In addition to code compliance listed above, we also check for compliance with Flood Damage Prevention Standards and Airport Zoning requirements around Wright Patterson Air Force Base.

     Back to Top

    2. Where can I obtain copies of the codes you enforce?

    The 2011 Ohio Building Code/Ohio Mechanical Code (OBC/OMC) is available from The International Code Council 1-888-422-7233, or www.iccsafe.org. The 2006 Residential Code of Ohio for One, Two, and Three Family Dwellings is available from The International Code Council, 1-888-422-7233, or www.iccsafe.org.

    Note: The 2006 RCO has alterations adopted by the Ohio Board of Building Standards, which are effective May 27, 2006. You may download the changes only from our website; www.mcohio.org/build or you may purchase an entire new code book from ICC.

    NFPA 13, 70 (and other NFPA Codes) are available from the National Fire Protection Association, 800-344-3555.

     Back to Top

    3. Do contractors have to be licensed to work in Montgomery County?

    The Ohio Construction Industry Licensing Board (OCILB) (614-644-3493) requires that commercial, electrical, HVAC, hydronics, plumbing, and refrigeration contractors be licensed. State Licensing is not required for general contractors, nor contractors that only do 1, 2, 3 Family Residential work.

    In addition, Montgomery County Building Regulations requires that mechanical contractors doing HVAC, gas piping, or building services piping work, register with us prior to obtaining permits or doing any of the above referenced work.

     Back to Top

    4. I am the homeowner. Do I need to register to perform work on my own property?

    Homeowners do not need to be registered to work on their own property. They may do their own mechanical or gas piping work on their primary residence with their own labor without being registered. Work on non-primary residences, or work that is hired out requires mechanical contractor registration.

    The various registrations and requirements are as follows for residential and commercial projects:

       Required Term  Fee  Requirements 
    General and Electrical Contractors No N/A N/A N/A
    Plumbing Contractors

    Not regulated by Building Regulations Division. Contact the Combined Health District at (937) 225-4943 or www.chdmc.org

    Mechanical Contractors Yes 1 year $90

    Complete notarized application
    Complete insurance certificate
    Current surety bond for $5,000 notarized
    Copy of State License

     


    Other jurisdictions (City of Dayton, City of Centerville, City of Kettering, etc.) may have different requirements for contractor licensing or registration. Contact the jurisdiction where the work will be performed for clarification.

     Back to Top

    5. What areas of Montgomery County are under your jurisdiction?

    All townships in the county are under the jurisdiction of Montgomery County Building Regulations Division. Also, some villages and cities contract with Montgomery County to do all or some building code enforcement for them.

    (See chart below)

    PARCEL
    PREFIX

    JURISDICTION 

    COMMERCIAL 

    RESIDENTIAL 

    BLDG HTG ELEC GAS BLDG HTG ELEC GAS
    A01 Butler Twp

    X

    X

    X

    X

    X

    X

    X

    X

    C04 Clay Twp

    X

    X

    X

    X

    X

    X

    X

    X

    M60 Clayton

    X

    X

    X

    X

    X

    X

    X

    X

    F23 Farmersville

    X

    X

    X

    X

    X

    X

    X

    X

    D13 German Twp

    X

    X

    X

    X

    X

    X

    X

    X

    E20 Harrison Twp

    X

    X

    X

    X

    X

    X

    X

    X

    P70

    Huber Heights

    X

    X

    X

    X

    X

    X

    X

    X

    F22 Jackson Twp

    X

    X

    X

    X

    X

    X

    X

    X

    G27 Jefferson Twp

    X

    X

    X

    X

    X

    X

    X

    X

    K45 Miami Twp

    X

    X

    X

    X

    X

    X

    X

    X

    F24 New Lebanon

    X

    X

    X

    X

    X

    X

    X

    X

    L52 Perry Twp

    X

    X

    X

    X

    X

    X

    X

    X

    C08 Phillipsburg

    X1

    X1

    X1

    X1

    X

    X

    X

    X

    I39 Riverside

    X

    X

    X

    X

    X

    X

    X

    X

    H33 Trotwood

    X

    X

    X

    X

    X

      X
    M58 Union

    X2

    X

    X

    X

     

     

     

     

    O67 Washington Twp

    X

    X

    X

    X

    X

    X

    X

    X

    I39 WPAFB-Page Manor

    X

    X

    X

    X

    X

    X

    X

    X


    1. We do not take any permits in Huber Heights and Union that are for I-2 Use.
    2. We do not take any  

     1. We do not take any permits in Phillipsburg that are for I Use.
     2. We do not take any permits for Union that are for I-2 Use

     Back to Top

    6. Is any construction exempt from building permits?

    See Residential Permit Question #2
    See Commercial Permit Question #2

     Back to Top

    7. What permits do I need if I'm just moving into an existing space, and doing no remodeling?

     

    See Commercial Permit Question #3

    8 Back to Top

    8. What do I need to submit in order to get a permit?

    See Residential Permit Question #3
    See Commercial Permit Question #4

    Upon approval of a permit, we will return one set with approval marks and notes, and keep one set on file in our offices. (When a third set is required, it is sent to the local fire department for review and comment).

     Back to Top

    9. How long does it take to get a permit?

    See Residential Permit Question #4
    See Commercial Permit Question #5

     Back to Top

    10. Can I get a partial permit to get construction started more quickly?

    See Residential Permit Question #5
    See Commercial Permit Question #6

     Back to Top

    11. How can I group permits for multiple tenants or dwellings?

    See Commercial Permit Question #7

     Back to Top

    12. What other permits might I need?

    Zoning permits must be obtained for all new work and most changes of use of buildings. They are obtained from the township, city, or village in which the building is located. They should be obtained before applying for the building permit, but in specific instances, exceptions may be made.

    Other agencies issue permits that may be required for your work, such as Plumbing and Food Service Permits issued from the Montgomery County Health District, Commercial Swimming Pool Permits issued from the Ohio Department of Health, etc. See the back of the  commercial Permit Application for a list of agencies and phone numbers that you might need permits from.

     Back to Top

    13. What else should I know before I start construction?

    READ ALL NOTES RETURNED WITH YOUR PERMIT BEFORE YOU START CONSTRUCTION! Too many small issues become big problems because the applicant/builder/designer did not read the code review comments as soon as the permit was issued. There may be notes about submittals that still need to be made, or cautions about our expectations for work not fully described on the drawings. If you have questions about such remarks, it is best to raise them at the beginning of the job, not when the inspector turns you down.

    CHECK YOUR TRUSS DRAWING SUBMITTAL INFORMATION BEFORE TURNING IT IN! While the actual truss shop drawings are often submitted for review after the primary building permit has been issued, they must still be legible, complete, and sealed by an architect or engineer. A detailed statement of submittal requirements is issued with each permit using trusses. Incomplete submittals clog up our system and slow you down, especially when you submit
    them very close to the time you are expecting a rough framing inspection (which includes inspecting the truss installation).

     Back to Top

    14. Once I obtain a permit, what inspections are required?

    See Residential Permit Question #6
    See Commercial Permit Question #8

     Back to Top

    15. What must be done before I can get power turned on at a building?

    For New Construction or Alterations, we typically require that building and sub-trade rough inspections be approved and Fault Current Analysis must be submitted before the electric service is permitted to be energized. Exceptions are possible. Contact our division for more details on our Commercial and Residential Service Release policies and Fault Current Analysis Forms. Electric reconnects will be authorized after a Service Reconnect Permit is obtained and an electric safety inspection is done to ensure no electrical hazards are present.

    Gas piping must have all underground and rough piping inspections approved, then the Building Regulations Division will authorize it to be energized. Gas reconnects will be authorized after a Service Reconnect Permit is obtained and a gas piping inspection is done to ensure that no hazards are present.

    Back to Top

    16. Explain C.O.'s and T.C.O.'s

    Certificates of Occupancy (C.O.'s) are issued after all work has been completed and inspections (including inspections by other agencies such as plumbing and fire department) for the main building permit have been approved. In the event no new work is proposed, just a request to occupy an existing space, the Building Regulations Division conducts one final inspection after the fire department conducts a final inspection.

    Temporary Certificates of Occupancy (T.C.O.'s) may be granted by the Chief Building Official if either part of the work is 100 percent complete, or all of the work is mostly complete. All spaces to be occupied must have been inspected per normal procedures, and must be deemed safe to occupy. In other words, all matters relating to life safety, such as exit signs, door hardware, alarm and suppression systems, must be installed and functioning properly. Also, our policy is that all permits must have been obtained or at least applied for before a T.C.O. will be considered. Refer to the Temporary Certificate of Occupancy
    Policy for more detailed information.

    Note:
    A zoning "Certificate of Occupancy" only signifies compliance with zoning ordinances for land use approval. It does not take the place of Montgomery County's Certificate of Occupancy for building use approval.

    Back to Top

    17. Explain your penalty fees

    Plan re-review fees are assessed for incomplete or incorrect submittals. If submittals lack basic levels of adequacy, such as not being drawn to scale, or not having rooms labeled as to proposed use, a re-review fee may be assessed immediately, before any plan review is conducted. (It is important to review the plan submittal requirements listed on the back of the application forms.) Typically, however, this fee will only be assessed after a plan review has been done, a correction letter has been sent out, and the resubmittal has been reviewed and found to still be deficient or incorrect regarding the need to show a code complying solution. When assessed, fees must be paid at the time of any subsequent resubmittal.

    Reinspection fees are assessed after an inspection is done once, turned down, and then any of the same items are found to be lacking or improperly installed on the follow-up  inspection. In other words, you get one free inspection per phase of work, but subsequent re-inspections must be paid for.

    Lockout, not ready, no address. - No approved drawings on site. These situations cause us to assess a reinspection fee immediately. Lockout means we could not gain access to the work through a normal route. This could also be assessed if the building had personal belongings in it but no adult was there to escort us on our inspection. Not ready means that it was obvious during the course of our inspection that the work had not been completed sufficiently for us to inspect all that we were requested to. Typically, we allow up to six deficiencies to be noted on an inspection before we say it's apparent that the work is not
    ready. No address means we could not observe a posted address, visible from the street when we arrived to do an inspection. Without such address visible, we can't be sure we are inspecting the right property. Approved drawings need  to be on site to conduct a proper inspections.

    Missed inspection fees will be assessed when work is covered up without inspection, and we then have to spend time deliberating and discussing acceptable measures to verify construction adequacy of concealed work.

    Unsafe Jobsite if access to the work is not possible due to unsafe conditions such as inadequate ladders or lack of backfill combined with inadequate walkway planks, inspection may be postponed and fees assessed.

    The Chief Building Official may waive penalty fees if legitimate misunderstandings occurred, or if our office gave out incorrect information or acted incorrectly. Penalty fees must be paid before we continue with further plan reviews or inspections, and may be paid in person, by mail, or by Discover Card.

    Back to Top

    18. How can I appeal a decision, interpretation, or order of the Building Regulations Division?

    All decisions, interpretations, and orders of the Building Regulations Division are appealable. Upon receiving a written request for an appeal or variance of one of the codes the Building Regulations Division enforces, a written Adjudication Order (a written order to comply with a law) will be prepared. It will detail the code issues involved and will indicate to whom and how you file an appeal. Montgomery County administers a residential appeals board, and the City of Dayton administers the commercial appeals board.

    Back to Top

    19. What are your local climatic design criteria for structural design?

    See Residential Permit Question #7
    See Commercial Permit Question #9


    Back to Top

    20. Can I look up information about prior permits, inspections, and occupancy approvals for the building I'm interested in?

    Yes. Information submitted for permit approval becomes a public record, and is available for public inspection and research. Drawings are archived on microfiche, with records going back to the 1960's, and may be viewed during normal working hours. Contact our office for more details on our records research policy. You can also use our "E-Connect" feature of our website, at www.mcohio.org/build.

    Back to Top

    21. How might Montgomery County's Floodplain Damage Prevention Regulations affect my project?

    Montgomery County Floodplain Damage Prevention Regulations have been enacted in conjunction with FEMA's flood damage insurance program. Construction within areas identified by FEMA as having a flood hazard potential must obtain a Floodplain Construction Permit, and may have special construction limitations or requirements. Copies of the regulations and applications are available from our office and on our website.

    Back to Top

    22. How might Wright-Patterson Air Force Bass Airport Zoning Regulations affect my project?

    WPAFB Airport Zoning Regulations is an overlay zoning district, affecting construction in close proximity to the Air Force Base. It has been created in order to protect public health and welfare within noise-sensitive surface and airport hazard areas, and to ensure compatible uses and protect against incompatible encroachment. If the work is within the district, construction compliance information must be included with the project submittal before any permits (including footing/foundation permits) will be issued. Copies of the regulations are available from our office and on our website.

    Back to Top

    23. What do I need to get a Daycare Licensing Permit?

    Most day care facilities are regulated by both the Ohio Building Code, and the Ohio Department of Job and Family Services. To determine what type of child day care license is required by the ODJFS, contact Shiela Mayer, Supervisor-Cincinnati at 513-551-1962  Shiela.Mayer@jfs.ohio.gov  or Cindy Sherding, Supervisor-Cincinnati at 513-551-1951 Cindy.Sherding@jfs.ohio.gov , or check their website at www.state.oh.us/odhs/cdc. As part of their licensing requirements, they require proof of a Certificate of Occupancy from the building department before they will issue their license. In order for us to issue a C.O., you must obtain a building permit from our division by submitting three sets of construction documents, a completed application form, and the minimum up front fee. Applying for a permit will require that you describe your proposed use
    and any proposed construction or alterations in accordance with the OBC.

    The OBC categorizes day care facilities for children and adults as being either R-3 Residential, E Educational, A-3 Assembly, or I-4 Institutional. The age and number of residents (children or adults) being cared for are primary determining factors in deciding the appropriate Use Group, as seen in the following chart:

     Classification for Occupancy Groups in Less than 24-Hour Care Facilities
    Age and Capability of Residents

    Number of Residents

    1-5

    Over 5

    In a 1, 2, or 3 family dwelling (Ohio Residential Code)

    In a 4 family or more dwelling building (Ohio Building Code)

    Ohio Building Code

    2 1/2 years or less (assumed not capable of self preservation)

    Residential

    R-3

    I-4 or E

    Over 2 1/2 years and capable of self perservation

    Residential

    R-3

    E-Children
    A-3 - Adult

    Over 2 1/2 years and not capable of self preservation

    Residential

    R-3

    I-4

     


    Once you determine which Use Group your proposed use will be classified as, your application must show how the facility you intend to construct or occupy will meet OBC requirements for that use group. In addition to normal permit submittal requirements, the plans must specifically indicate which rooms are going to be used for day care, and the ages and number of residents proposed for each of those rooms. They must also indicate, if required by the OBC, what alarm systems and/or sprinkler systems will be provided, as well as showing all exit signs and emergency lights provided.

    Plan review for day care applications is the same as other projects, usually taking between seven and ten working days to complete. Once the permit is obtained, any work indicated on the permit drawings to be constructed or installed can be done, with inspections then done by our division at appropriate intervals. After we pass the final building inspection, we will issue a Certificate of Occupancy, which you will submit to your day care licensing representative so she or he can complete the licensing approval process.

    Back to Top

    24. What do I do if my building is damaged by fire, wind, rain, snow, or vehicles?

    When requested, the Building Regulations Division staff will conduct a damage assessment inspections as soon as possible after being notified of damage to a structure or building system. All such inspections require a Damage Assessment Permit to be obtained, preferably before the inspection, but in emergencies, an application can be deferred to a later time. If emergency inspections are done outside normal working hours, after hours inspection fees will be assessed in addition to other scheduled fees. Our inspectors will determine either:

    1. Damage was minor, no repair permit or inspection is necessary;
    2. Damage repair may proceed with the understanding that items damaged will be replaced with like material. A repair permit must be obtained, and all work must be inspected before being concealed, but no drawings are required; or
    3. Extensive repairs are necessary, a repair permit must be obtained, drawings must be submitted detailing the work to be done, and all work must be inspected before being concealed.

    Back to Top

    25. Explain your refund policy
    Up-front fees paid are not refundable, unless the fee is assessed mistakenly,in which case we will refund the entire amount. If a refund is requested by the applicant, after deducting up front fees, one half of the remainder paid will be refunded to the party that paid the fee. No refunds are available after the work has commenced.

    News
    Building Regulations: New rules and standards adopted by the Ohio Board of Building Standards.
    Changes are coming in the Ohio Building Codes.  New rules and standards have been adopted by the Ohio Board of Building Standards, and will take effect November 1, 2011.   Read More...
    More News...
    Highlights
    Roofing Issues Policy