BELLAIRE Earlier this week, Bellaire Mayor Vince DiFabrizio and Village Administrator Dan Marling decided to close the gazebo in the village park temporarily.
The decision was made after state inspectors from the Department of Commerce came to town to inspect the structure and discovered that a few upgrades were necessary in order for the structure to be in compliance.
Councilman Jerry Fisher inquired about the gazebo during Thursday's council meeting, wondering why it was adorned in yellow caution tape.
"The state received two complaints and we met with the state inspectors and reviewed their recommendations," Marling said. "I met with the mayor and we decided to close the gazebo until the upgrades can be made."
Marling noted the village is waiting until after Tuesday's Boo at the Park celebration before conducting the work.
Reportedly, the upgrades needed are issues with the concrete pad and electrical wiring that need taken care of. The gazebo, itself, is sound.
This came after a Notice of Violation was written on Sept. 26 for Occupying without Inspection, according to Paul R. Wilson, the electrical safety inspector supervisor for the Ohio Department of Commerce's Division of Industrial Compliance and Labor.
That happens to be the second violation the village received in relation to the gazebo.
Earlier on June 6, the village received its first Notice of Violation.
Addressed to the mayor, it stated that "certain work on this project is being performed contrary to the provision of the Ohio Building Code.
The particular violation was of Ohio Building Code 109.3.10 and 110.1: Occupying without final inspection.
That violation letter was sent to the village by Geoffrey D. Eaton, the Chief of the Bureau of Building Code Compliance for the state.
According to Wilson, the application for a permit for the site was not received until Wednesday, May 29. That permit was issued the following day on May 30.
However, a portion of the concrete pad the gazebo sits on has the date 5-20-2013 inscribed into the concrete.
The gazebo itself was built and complete on the structure as of May 29, as a news story ran on May 30 detailing the finished product.
In addition, village council did not vote on the approval of the gazebo until its June 20 meeting, nearly a month after the structure was completed.
Mayor candidate Dan Brown has been accused of being the "citizen who made the complaints."
Brown stated he was not the one who filed the initial complaints.
But upon learning of the potential issues with the build from other residents, he made some inquiries of the Dept. of Commerce and reported his findings online to the public via the unofficial Bellaire, Ohio Facebook page.
"In the case of the Bellaire, Ohio gazebo, the facts speak for themselves," Brown said. "When you etch the date of construction in concrete and submit your state approved plans on May 21, there is a problem.
When you ignore the advice of a well known local architect, as well as the state inspector, there is a problem. No amount ogazf good intention, volunteer prowess or want to do a good act can offset the poor judgment used when ignoring the professionals who design and inspect commercially built structures."
Brown went on to say the gazebo itself is well built, designed with commercial use in mind and looks amazing in the mark. Once the CofO is issued by the state, he believes it will be an amazing addition to the rest of Bellaire.
That, according to city officials, should be completed by the end of the year.
As some excavation work may be necessary, the work should begin sometime after Tuesday's annual Boo in the Park festival.
The village didn't want any construction work going on during a time when upwards of 600 kids will be celebrating nearby in the park.
Once the work is complete, the gazebo will be reopened and again be available for use.
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