On March 27, 2023, the Miami County, Ohio, Building Official, Rob England, who is also the Building Official for the City of Troy, Ohio, issued Adjudication Order #0034, citing Unsafe Building/Serious Hazard at 112 – 118 W. Main Street, Troy, Ohio, and naming Mr. Randy Kimmel as the owner. Issues of non-compliance refer to Section 109.4 and 109.4.1 of the Ohio Building Code per current pictures and engineering report dated 3/17/23 attached to the order. Action requires the serious hazard to be abated by Mr. Kimmel as soon as possible, but no more than fourteen days from certified receipt of the order.
Mr. England received the engineer’s report on March 23, 2023, completed by Mark Stemmer, P.E., S.E., Tri-Tech Engineering, identifying the scope as “a re-evaluation of the building structures at 112 through 118 W. Main Street, in Troy, Ohio.” Conclusions drawn from the field inspection include Mr. Stemmer’s professional opinion that “if an event occurs where prescribed loads are approached, the building will suffer a partial or full collapse and people and property near the building would be in imminent danger.”
Mr. England has a statutory obligation to issue adjudication orders whenever and wherever a serious hazard exists. Mr. England also has a professional commitment to protect human life and safety of all who live, work, and visit Miami County and the City of Troy. “The last thing I want is for anyone to get hurt, or worse,” Mr. England states. “Based on this latest engineer’s report and related pictures included with the adjudication order, a serious hazard exists and must be eliminated as soon as possible.” Heavy winds are a frequent occurrence this time of year, any one of which could serve as an event to exceed the ability for the building to maintain structural integrity.
The options provided in the engineer’s report prescribe remedies that include all or partial removal of hazards associated with existing degraded structures. Mr. England and Department of Development Director, Richard Osgood, met with Chris Englert, Miami County Chief Civil Assistant Prosecutor to discuss this action. Mr. Englert has briefed Miami County Prosecutor Anthony Kendell on the situation. Questions regarding the Ohio Building Code can be addressed to Mr. England. Questions related to the adjudication process should be addressed to Mr. Englert.
Section 104.2.1 of the Ohio Building Code (OBC) states that “the building official is responsible for the enforcement of the rules of the board (Ohio Board of Building Standards) and of Chapter 3781 and 3791 of the Revised Code,” to include the issuance of adjudication orders in accordance with Section 109 of the OBC. Section 109.4, Unsafe Buildings, states that “where a building is found to be a serious hazard, such hazard shall be eliminated.”