Ord. 2598 - Amendment to Ordinance 2415 (Building Official Procedures) COUNCIL BILL NO. 3176
ORDINANCE NO. 2598
AN ORDINANCE AMENDING ORDINANCE 2415 (BUILDING OFFICIAL PROCEDURES)
TO INCLUDE UPDATED CODE SECTIONS AND LANGUAGE FROM THE OREGON
STRUCTURAL SPECIALTY CODE AND INCLUDE AUTHORIZATION FOR LOCAL
REGULATION OF RESIDENTIAL AND COMMERCIAL BUILDING DEMOLITIONS, AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Woodburn is organized to employ and operate a
building department to enhance public safety;
WHEREAS, the building department administers and enforces State and
local building codes;
WHEREAS, on October 1, 2019, the Oregon Building Codes Division issued a
2019 version of the Oregon Structural Specialty Code ("OSSC") to replace the
2014 version, with the new code being effective January 1, 2020;
WHEREAS, the newly adopted State Code included updates and
modification to certain code sections and language that should be reflected
with updates to the City's adopting ordinance;
WHEREAS, the newly adopted State Code provides local municipalities the
option under the authority of ORS 455.020(4) to establish administrative
procedures via local ordinance to regulate certain now exempt construction
activities, including demolition; and
WHEREAS, the City of Woodburn has determined that the health and
welfare of the community is best served by exercising the local option to regulate
the demolition of residential and commercial structures pursuant to the standards
of Section 3303 of the Oregon Structural Specialty Code; NOW THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. For purposes of this ordinance amendment, all new text is
shown as underlined (i.e. new text) and all deleted text is shown as stricken (i.e.
deleted text). After this ordinance amendment is adopted, the City Recorder
shall incorporate all revisions contained herein.
Section 2. Ordinance 2415 is amended as specified in Exhibit A which is
attached hereto.
Page 1 Council Bill No. 3176
Ordinance No. 2598
Section 3. Emergency Clause. This ordinance being necessary for the
immediate preservation of the public peace, health, and safety since it is in
City's interest to immediately have a local regulatory process in place for the
demolition of residential and commercial structures, an emergency is
declared to exist and this ordinance shall take effect immediately upon
passage by the Council and approval by the Mayor.
Approved as to form:
City Attorney DaVe
Approved:
Robert Carney;"Council
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Passed by the Council ar'Ch 267 -
Submitted to theMayer CL vc V) 'Z,,,-.-
Approved
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Approved by fheA4eyeiz--Cc,,,c®\ MCLVC" I -943 n �.Z--
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Filed in the Office of the Recorder CA rcb zzzz-
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 Council Bill No. 3176
Ordinance No. 2598
EXHIBIT A
ORDINANCE NO. 2415
AN ORDINANCE ADOPTING CERTAIN STATE SPECIALTY CODES; SETTING FORTH THE POWERS
AND DUTIES OF THE BUILDING OFFICIAL; PROVIDING FOR PROCEDURES AND FEES;
ESTABLISHING PENALTY PROVISIONS; REPEALING ORDINANCE 2293 AND DECLARING AN
EMERGENCY.
[Whereas clauses.]
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions. For the purpose of this Ordinance, the following terms shall
mean:
A. Building Official - means the City of Woodburn Building Official who is
responsible for building inspections and with the administration and
enforcement of this ordinance.
B. State Building Code - or "the code" means the combined specialty codes
adopted by this ordinance.
Section 2. State Codes Adopted. The following codes, standards and rules are
adopted and are by this reference incorporated herein and shall be in force and effect
within the corporate boundaries of the City of Woodburn:
A. The Oregon Structural Specialty Code, as adopted by the State of Oregon,
including the following administrative provisions:
1 . Section 104.2 (Applications and permits).
2. Section 104.4 (Inspections).
3. Section X7104.6 (Department Records).
4. Section 104.8 104.7 (Liability).
5. Section 104.9 104.8 (Approved materials and equipment).
6. Section 104.10 104.9 (Modifications).
7. Section 1 n� 104.10 (Alternate materials, design and methods of
construction and equipment).
B. Se^fir�T (Requests fGFr r gST
�8. Section 105.3.2. (Time limit of application). "An application for a
ORDINANCE No. 2415 PAGE 1
permit for any proposed work shall be deemed to have been abandoned 180 days
after the date of filing, unless such application has been pursued in good faith or a permit
has been issued; except that the building official is authorized to grant one or more
extensions of time for G-R each additional periods not exceeding 90 days each. 180 dGys.
The extension shall be requested in writing and justifiable cause demonstrated."
10. AN 109.4 (D IteFRGfiye fire SpFi�Torsystem requiremeRtS).
9. The following categories of construction activities listed in Section
101 .2 as outside of the authority of the Oregon Structural Specialty Code, but within the
authority of municipalities to regulate by local ordinance, shall be subject to the relevant
construction standards contained in the 2018 International Building Code: (i) tanks that are
located exterior to and not attached to or supported by a regulated building; (ii) cellular
phone, radio, television, and other telecommunication and broadcast towers that are not
attached to or supported by a regulated building; and (iii) signs not attached to or
supported by a regulated building.
10. As listed in Section 101.2 as outside of the authority of the Oregon
Structural Specialty Code, but within the authority of municipalities to regulate by local
ordinance, the City hereby regulates Demolitions pursuant to the following construction
standards of the 2019 Oregon Structural Specialty Code: Section 3303 Demolition, which
includes subsections 3303.1 (Construction documents), 3303.2 (Pedestrian protection),
3303.3 (Means of egress), 3303.4 (Vacant lot), 3303.5 (Water accumulation), 3303.6 (Utility
connections), and 3303.7 (Fire safety during demolition).
(Section 2A as amended by Ordinance 2420 dated May 29, 2007 and Ordinance 2580
dated April 13, 2020)
B. The Oregon Mechanical cr, y Specialty Code, as adopted by the
State of Oregon, including the following administrative provision:
1 . Section 106.3.3110�06T3. (Time limit of application). "An application
for a permit for any proposed work shall be deemed to have been abandoned 180 days
after the date of filing, unless such application has been pursued in good faith or a permit
has been issued; except that the building official shall have the authority is rvi +lir rico to
grant one or more extensions of time for additional periods not exceeding 90 488-days
each. The extension shall be requested in writing and justifiable cause demonstrated."
C. The Oregon Residential Specialty Code, as adopted by the State of
Oregon, including the following administrative and low-rise apartment Gutv^ry Gf ti
SpFiRkler system provisions:
1 . Section 105.3.2 (Time limit of application). "An application for a
permit for any proposed work shall be deemed to have been abandoned 180 days after
the date of filing, unless such application has been pursued in good faith or a permit has
been issued; except that the building official is authorized to grant one or more extensions
of time for GR additional periods not exceeding 180 days. The extension shall be
requested in writing and justifiable cause demonstrated."
2. Chapter 43 "Low-rise apartments of the Oregon Residential
Snec*alty Code shall be b1dit to the Crohn R-7 apartment occlinancy realdrements of
ORDINANCE No. 2415 PAGE 2
the Oregon Structural Specialty Code and the Oregon Mechanical Specialty Code."
SeGfiGRs d N 1,_�T three gh AN 109.4.3 (Fire seriRkler system reeuiremeRts)
3. Chapter 43 "Per ORS 455.010(4), low-rise apartments are defined
as having three stories or less above grade and having an exterior door for each
dwelling unit." Se^tier AN 109.4.3 Defi.Rit SubStGRfiGlly eltered er dGmGged)
"The yGI G iGR Tpya,Gir er Giter the b uildiRg er ctrl Gture ex`eee FerceRt�ef the
determiRed by the`�'IB uildiRg Offieiel "
D. The Oregon Plumbing Specialty Code as adopted by the State of Oregon.
E. The Electrical Safety Law as contained in ORS 479.510 to 479.945, and
479.995.
F. The Oregon Fire Code Amendments, as adopted by the State of Oregon;
G. Manufactured structure installation requirements under ORS 446.155,
446.185 (1) and 446.230;
H. Manufactured dwelling park and mobile home park requirements under
ORS Chapter 446;
I. Park and camp program requirements under ORS 455.680 (OAR 918-650);
J. Tourist facility requirements under ORS 446.310 to 446.350;
K. Manufactured dwelling alterations under ORS 446.250-253 (OAR 918-500-
0580) QRS 446.1 ;and
L. Manufactured structure accessory buildings and structures under ORS
446.240, 446.250-253 446.253.
Section 3. Powers and Duties of the Building Official. The Building Department shall
be under the administrative and operational control of the building official. The building
official shall have the power to render written and oral interpretations of the code and
to adopt and enforce administrative procedures in order to clarify the application of its
provisions. Such interpretations, rules, and regulations shall be in conformance with the
intent and purpose of the code. The building official is authorized to enforce all the
provisions of the code.
Section 4. Right of Entry. When it is necessary to make an inspection to enforce the
state building code, or when the building official has reasonable cause to believe that
there exists in a building or upon a premises a condition which is contrary to or in violation
of the code which makes the building or premises unsafe, dangerous or hazardous, the
building official may enter the building or premises at reasonable times to inspect or to
perform the duties imposed by the code, provided that if such building or premises be
occupied that credentials be presented to the occupant and entry requested. If such
building or premises be unoccupied, the building official shall first make a reasonable
effort to locate the owner or other person having charge or control of the building or
premises and request entry. If entry is refused, the building official shall have recourse to
the remedies provided by law to secure entry.
ORDINANCE No. 2415 PAGE 3
Section 5. Stop Work Orders. Whenever any work is being done contrary to the
provisions of the code, or other pertinent laws or ordinances implemented through the
enforcement of the code, the building official may order the work stopped by notice in
writing served on any person(s) engaged in the doing or causing such work to be done.
Such person(s) shall forthwith stop such work until specifically authorized by the building
official to proceed with the work. Notwithstanding the other remedies, if the building
official determines that any building under construction, mechanical work, electrical
work, or plumbing work on any building or structure poses an immediate threat to the
public health, safety or welfare, the building official may order the work halted and the
building or structure vacated pending further action by the city and its legal counsel.
Section 6. Authority to Disconnect Utilities in Emergencies. The building official
or the building official's authorized representative shall have the authority to disconnect
fuel-gas utility service, or energy supplies to a building, structure, premises or equipment
regulated by the code in case of emergency when necessary to eliminate an
immediate hazard to life or property. The building official shall, whenever possible, notify
the serving utility, the owner and occupant of the building, structure or premises of the
decision to disconnect prior to taking such action, and shall notify such serving utility,
owner and occupant of the building, structure or premises in writing of such
disconnection immediately thereafter.
Section 7. Connection After Order to Disconnect. Persons shall not make
connections from an energy, fuel or power supply nor supply energy or fuel to any
equipment regulated by the code which has been disconnected or ordered to be
disconnected by the building official, or the use of which has been ordered to be
discontinued by the building official, until the building official authorizes the reconnecting
and use of such equipment.
Section 8. Occupancy Violations. Whenever any building or structure or
equipment is being used contrary to the provisions of the code, the building official may
order such use discontinued and the structure, or portion thereof, vacated by notice
served on any person causing such use. Such person shall discontinue the use within the
time prescribed by the building official after receipt of such notice to make the structure,
or portion thereof, comply with the requirements of the code.
Section 9. Appeals Process. When there is an appeal of a staff interpretation of
the code during plan review or inspection, the aggrieved persons shall be notified of the
provisions of ORS 455.475 and the following procedures:
A. Plan Review. In an informal appeal of a plans examiner's decision, the plans
examiner shall refer the request and any related information to the building official who,
in consultation with appropriate technical staff, shall review the request and make a final
determination in writing to the applicant within 15 days.
In an informal appeal of the building official's decision, the request shall be
forwarded to the State of Oregon, Building Codes Division staff person responsible for
interpretations. Formal appeals shall be forwarded to the appropriate state board at the
Building Codes Division for final action. The appeal shall be sent to the Department of
Consumer Business Services, Building Codes Division accompanied by the required fee,
a completed appeal form of the department, and justification for the request along with
any supporting information. (ORS 455.690)
ORDINANCE No. 2415 PAGE 4
B. Inspection. When there is an appeal of a field inspector's interpretation of
a particular code, the following process shall be used:
1 . The field inspector shall refer the customer and related information
to the building official. The building official, in consultation with appropriate technical
staff, shall review the request and make a final decision in writing to the customer within
15 days.
2. Formal appeals of the building official shall be forwarded to the
appropriate state board for final action. The appeals shall be sent to the Department of
Consumer Business Services, accompanied by the required fee, a completed appeal
form of the department, and justification for the request along with any supporting
information. (ORS 455.690)
3. In accordance with ORS 455.690, any person aggrieved by a final
decision may, within 30 days after the date of the decision, appeal to the appropriate
state advisory board as listed below:
• Structural Code - Building Codes Structures Board
• Mechanical Code - Mechanical Board
• Residential Code - Residential Structures Board
• Plumbing Code - Oregon State Plumbing Board
• Electrical Code - Electrical & Elevator Board
• Manufactured Home Installation Standard - Manufactured
Structures & Parks Board.
• Park & Camp Rules - Manufactured Structures & Parks Board
C. Appeals of Board Decisions. Judicial review of the decision of advisory
boards shall be available as provided in Oregon Revised Statutes Chapter 183.
Section 10. Permits Not Transferable. A permit issued to one person or firm is not
transferable and shall not permit any other person or firm to perform any work thereunder.
Section 11. Suspension/Revocation. The building official may, in writing, suspend
or revoke a permit issued under the provisions of the state building code whenever the
permit is issued in error or on the bases of incorrect information supplied, or in violation of
any ordinance or regulation or any of the provisions of the code.
Section 12. Inspections. It shall be the duty of the permit holder or his agent to
request all necessary inspections in a timely manner, provide access to the site, and
provide all necessary equipment as determined by the building official.The permit holder
shall not proceed with the building construction until authorized by the building official. It
shall be the duty of the permit holder to cause the work to remain accessible and
exposed for inspection purposes. Any expense incurred by the permit holder to remove
or replace any material required for proper inspection shall be the responsibility of the
permit holder or his agent.
Section 13. Fees.
A. Fees for permits, inspections, plan checks, site plan review, copy costs, and
such other fees that the City Council deems reasonable in order to administer this
ordinance shall be set by ordinance orresolution.
ORDINANCE No. 2415 PAGE 5
B. The building official may authorize the refunding of fees paid in
accordance with the refund policy in effect.
C. The determination of value or valuation under any provisions of the state
building code shall be made by the building official. The value to be used in computing
the building permit and plan review fees shall be the total value of all construction work
for which the permit is issued as well as all finish work, painting, roofing, electrical,
plumbing, hearing, air conditioning, elevators, fire-extinguishing systems and any other
permanent or attached equipment.
Section 14. Savings Clause. If any section, paragraph, subdivision, clause,
sentence, or provisions of the ordinance shall be adjudged by any court of competent
jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair,
invalidate, or nullify the remainder of the ordinance.
Section 15 Violations; Penalties; Remedies.
A. No person shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish, equip, use, occupy or maintain a building or structure in
the City, or cause the same to be done, contrary to or in violation of this Ordinance.
B. No person shall install, alter, replace, improve, convert, equip or maintain any
mechanical equipment or system in the City, or cause the same to be done contrary to
or in violation of this Ordinance.
C. No person shall install, alter, replace, improve, convert, equip or maintain any
plumbing or drainage piping work or any fixture or water heating or treating equipment
in the City, or cause the same to be done contrary to or in violation of this Ordinance.
D. No person shall install, alter, replace, improve, convert, equip or maintain any
electrical equipment or system in the City, or cause the same to be done contrary to or
in violation of this Ordinance.
E. Violation of a provision of this Ordinance shall be subject to a Civil Penalty not
exceeding $5,000.00 for a single violation of $1,000.00 for continuing violations and shall
be processed in accordance with the procedures set forth in this Ordinance.
F. Each day that a violation of a provision of this Ordinance exists constitutes a
separate violation.
G. The penalties and remedies provided in this section are not exclusive and are
in addition to all other penalties and remedies available to the City.
H. Notwithstanding the other remedies in this Ordinance, if the Building Official
determines that any building under construction, mechanical work, electrical work, or
plumbing work on any building or any structure poses an immediate threat to the
public health, safety or welfare, the Building Official may order the work halted and the
building or structure vacated pending further action by the City and its legal counsel.
(Section 15 as amended by Ordinance 2461 and adopted December 15,2009)
Section 15A Building Official • Authority to Impose Administrative Civil Penalty.
ORDINANCE No. 2415 PAGE 6
A. In addition to, and not in lieu of, any other enforcement mechanism
authorized by this Ordinance, upon a determination by the Building Official that a
person has violated a provision of this Ordinance, the Building Official may impose upon
the violator and/or any other responsible person an administrative civil penalty as
provided by this section. For purposes of this subsection, a responsible person includes
the violator, and if the violator is not the owner of the building or property at which the
violation occurs, may include the owner as well.
B. Prior to imposing an administrative civil penalty under this section, the Building
Official shall pursue reasonable attempts to secure voluntary correction, failing which
the Building Official may issue a notice of civil violation to one or more of the
responsible persons to correct the violation. Except where the Building Official
determines that the violation poses an immediate threat to health, safety, environment,
or public welfare, the time for correction shall be not less than five calendardays.
C. Following the date or time by which the correction must be completed as
required by an order to correct a violation, the Building Official shall determine whether
such correction has been completed. If the required correction has not been
completed by the date or time specified in the order, the Building Official may impose
a civil penalty on each person to whom an order to correct was issued.
D. Notwithstanding subsection (B) above, the Building Official may impose a civil
penalty without having issued an order to correct violation or made attempts to secure
voluntary correction where the Building Official determines that the violation was
knowing or intentional or a repeat of a similar violation.
E. In imposing a penalty authorized by this section, the Building Official shall
consider:
1 . The person's past history in taking all feasible steps or procedures
necessary or appropriate to correct the violation;
2. Any prior violations of statutes, rules, orders, and permits;
3. The gravity and magnitude of the violation;
4. Whether the violation was repeated or continuous;
5. Whether the cause of the violation was an unavoidable accident,
negligence, or an intentional act;
6. The violator's cooperativeness and efforts to correct the violation;and
7. Any relevant provision of the Building Code or City Ordinance.
8.
F. The notice of civil penalty shall either be served by personal service or shall be
sent by registered or certified mail and by first class mail. Any such notice served by mail
shall be deemed received for purposes of any time computations hereunder three days
ORDINANCE No. 2415 PAGE 7
after the date mailed if to an address within this state, and seven days after the date
mailed if to an address outside this state. A notice of civil penalty shall include:
1 . Reference to the particular code provision or rule involved;
2. A short and plain statement of the matters asserted orcharged;
3. A statement of the amount of the penalty or penalties imposed;
4. The date on which the order to correct was issued and time by which
correction was to be made, or if the penalty is imposed pursuant to
subsection (D), a short and plain statement of the basis for concluding
that the violation was knowing, intentional, or repeated;and
5. A statement of the party's right to appeal the civil penalty to the City
Administrator or City Administrator's designee.
G. Any person who is issued a notice of civil penalty may appeal the penalty
to the City Administrator or City Administrator's designee. The City Administrator's
designee shall not be the Building Official or Building Inspector.
H. A civil penalty imposed hereunder shall become final upon expiration of the
time for filing an appeal, unless the responsible person appeals the penalty to the City
Administrator or City Administrator's designee pursuant to, and within the time limits
established by this Ordinance. If the responsible person appeals the civil penalty to
the City Administrator or City Administrator's designee, the penalty shall become final,
if at all; upon issuance of the City Administrator or City Administrator's designee's
decision affirming the imposition of the administrative civil penalty.
I. Each day the violator fails to remedy the violation shall constitute a separate
violation.
J. Failure to pay a penalty imposed hereunder within ten days after the penalty
becomes final as provided in subsection (H) shall constitute a violation of this
Ordinance. Each day the penalty is not paid shall constitute a separate violation. The
Building Official also is authorized to collect the penalty by any administrative or
judicial action.The civil administrative penalty authorized by this section shall be in
additionto:
1 . Assessments or fees for any costs incurred by the City in remediation,
cleanup, or abatement, and
2. Any other actions authorized by law.
K. If an administrative civil penalty is imposed on a responsible person because
of a violation of any provision of this Ordinance resulting from prohibited use or activity
on real property, and the penalty remains unpaid 30 days after such penalty become
final, the Building Official shall assess the property the full amount of the unpaid fineand
ORDINANCE No. 2415 PAGE 8
WOODBURN ORDINANCE COMPILATION BUILDING
shall enter such an assessment as a lien in the docket of City liens. At the time
such an assessment is made, the Building Official shall notify the responsible person that
the
penalty has been assessed against the real property upon which the violation occurred
and has been entered in the docket of City liens.
L. In addition to enforcement mechanisms authorized elsewhere in this
Ordinance, failure to pay an administrative civil penalty imposed pursuant to
subsection (A) of this section shall be grounds for withholding issuance of requested
permits or licenses, or revocation or suspension of any issued permits or certificates of
occupancy.
M. This Ordinance does not prohibit the City from charging an increased permit
fee or investigation fee, seeking injunctive relief from a violation or taking any
enforcement action that does not include a monetary penalty. (Section 15A as
amended by Ordinance 2461 and adopted December 15,2009)
Section 15B Appeal Procedures.
A. A person aggrieved by an administrative action of the Building Official taken
pursuant to a section of this Ordinance authorizing an appeal under this section may,
within 15 days after the date of notice of the action, appeal in writing to the City
Administrator or City Administrator's designee. The appeal shall state:
1 . The name and address of the appellant;
2. The nature of the determination being appealed;
3. The reason the determination is incorrect;and
4. What the correct determination of the appeal should be.
An appellant who fails to file such a statement within the time permitted
waives the objections, and the appeal shall be dismissed.
B. If a notice of revocation of a license or permit is the subject of the appeal,
the revocation does not take effect until final determination of the appeal.
Notwithstanding this paragraph, an emergency suspension shall take effect upon
issuance of, or such other time stated in, the notice of suspension.
C. Unless the appellant and the City agree to a longer period, an appeal shall
be heard by the City Administrator or City Administrator's designee within 30
days of the receipt of the notice of intent to appeal. At least 10 days prior to the
hearing, the City shall mail notice of the time and location thereof to the appellant.
D. The City Administrator or City Administrator's designee shall hear and
determine the appeal on the basis of the appellant's written statement and any
additional evidence the City Administrator or City Administrator's designee deems
ORDINANCE No. 2415 PAGE 9
WOODBURN ORDINANCE COMPILATION BUILDING
appropriate. At the hearing, the appellant may present testimony and
oral argument personally or by counsel.
E. The City Administrator or City Administrator's designee shall issue a
written decision within 10 days of the hearing date. The decision of the City
Administrator or City Administrator's designee after the hearing is final. (Section
15B as amended by Ordinance 2461 and adopted December 15, 2009)
Section 16. Repeal. Ordinance No. 2293 is hereby repealed.
Section 17. [Emergency clause.]
Passed by the Council December 11, 2006, and approved by the
Mayor December 13, 2006.
ORDINANCE No. 2415 PAGE
