City of Solon Zoning Code Amendment-Workmanline manner

City of Solon is working on amending its zoning code to include a workmanlike manner provision.  According to Robert Frankland, City of Solon Planning Director, the current edition of the Ohio Building Code does not require that construction projects be built at a minimum level of quality and appearance.   While Ohio Building Code does require that the structures be sound, it does not require them to be built in a workmanlike manner.

As an example Robert Frankland displayed a picture of a perimeter fence in Councilman Stolarsky’s ward that was not built in a workmanlike manner.  The fence had several horizontal and vertical panels which were not parallel.

The proposed amendment to Chapter 1261 of Solon Zoning Code will define workmanlike as executed in a skilled manner; e.g. generally plumb, leve, square, in line, flush, free from damaged or inconsistent materials, and without marring adjacent work.

The proposed amendment to Section 1288.02-Item 9 of Solon Zoning Code (Prohibition of Specific Property Conditions) will provide that construction should be performed in a quality workmanlike manner and shall not pose to health or safety threat, nuisance, or a diminution of property values in the area in which said structure is located due to the use of substandard construction methods, materials, or finishes as determined by the Chief Building Official of the City of Solon.

If these zoning code amendments are approved by Solon City Council, they may mean that failure to perform in a workmanlike manner may breach applicable regulations – even when there is no written contract ?  These amendments may not make the contractor responsible for every building quality issue.  The complaining party may have to provide evidence to define the standard of care and skill that would be exercised by and expected of a skilled contractor performing the same construction as the non-performing contractor.  The evidence could then show that the non-performing contractor failed to meet the defined construction industry standards.