Ord 2415 - Building Official Procedures
COUNCIL BILL NO. 2650
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, the State of Oregon regularly adopts certain specialty codes;
and
WHEREAS, the City has established a building inspection program under
state statutes and the administrative rules of the State Building Codes Division;
and
WHEREAS, under the authority of ORS 455.150, the City of Woodburn
administers those specialty codes and building requirements adopted by the
state which the City of Woodburn is granted authority to administer; and
WHEREAS, it is necessary for the City to periodically adopt the most recent
additions of the state specialty codes so that they can be enforced and
administered within the corporate limits of the City; NOW, THEREFORE,
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:
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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 104.7 (Liability).
4. Section 104.8 (Approved materials and equipment).
5. Section 104.9 (Modifications).
6. Section 104.10 (Alternate materials, design and methods of
construction and equipment).
7. Section 104.11 (Requests for rulings).
8. 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 extensions of time for an additional period not
exceeding 180 days. The extension shall be requested in writing and justifiable
cause demonstrated."
B. The Oregon Mechanical Speciality Code, as adopted by the State
of Oregon, including the following administrative provision:
1. Section 106.4.3. (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 extensions of time for an additional period not
exceeding 180 days. 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 automatic fire sprinkler
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
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faith or a permit has been issued; except that the building official is authorized
to grant one extension of time for an additional period not exceeding 180 days.
The extension shall be requested in writing and justifiable cause demonstrated."
2.
requirements) .
Sections AN 109.4.2 through AN 1 09.4.3 (Fire sprinkler system
3. Section AN 109.4.3 (Definition: Substantially altered or
damaged). "The valuation to repair or alter the building or structure exceeds 60
percent of the value of that portion of the building or structure as defined in the
building code and determined by the Building OfficiaL"
D.
Oregon.
The Oregon Plumbing Specialty Code as adopted by the State of
E.
The Electrical Safety Law as contained in ORS 479.510 to 479.995.
F.
Oregon;
The Oregon Fire Code Amendments, as adopted by the State of
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;
J. Tourist facility requirements under ORS 446.310 to 446.350;
K. Manufactured dwelling alterations under ORS 446.155; and
L. Manufactured structure accessory buildings and structures under
ORS 446.253.
Section 3. Powers and Duties of the Buildino 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.
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Section 4. Riaht 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.
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 Emeroencies. 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.
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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)
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)
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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 or resolution.
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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. Savinos 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. Violation- Penalty-Remedies.
A. No person shall erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, 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. Each violation of a provision of this chapter constitutes a Class 1 civil
infraction and shall be processed in accordance with the procedures set forth in
the civil infractions ordinance.
F. Each day that a violation of a provision of this chapter exists
constitutes a separate violation.
G. Notwithstanding the other remedies in this chapter, if the building
official determines that any building under construction, mechanical work,
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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.
H. The penalties and remedies provided in this section are not
exclusive and are in addition to other penalties and remedies available under
city ordinance or state statute.
Section 16. Repeal. Ordinance No. 2293 is hereby repealed.
Section 17. Emeroency Clause. This ordinance being necessary for the
immediate preservation for the public peace, health, and safety so that the
current state codes can be applied without delay, an emergency is declared to
exist and this ordinance shall take effect immediately upon passage and
approval by the Mayor.
Approved
Approved as to form: '~,'r()7 r::>
City Attorney
Passed by the Council December II. 2006
Submitted to the Mayor December 13. 2006
Approved by the Mayor December 13, 2006
Filed in the Office of the Recorder December 13. 2006
ATTEST:
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SECTION 1 04
DUTIES AND POWERS OF BUILDING OFFICIAL
II "lote: l' nless amended by a municipality under authority of ORS 455.020,
Sections 104.1, 104.3 and 104.6 apply.
104.1 General. The building official is hereby authorized and
directed to enforce the provisions of this code. The building offi-
cIal shall have the authority to render interpretations of this code
and to adopt policies and procedures in order to clarify the appli-
cation of its provisions. Such interpretations. policies and proce-
dures shall be in compliance with the intent and purpose of this
code. Such policies and procedures shall not have the effect of
waiving requirements specifically provided for in this code.
104.2 Applications and permits. The building official shall
receive applications, review construction documents and issue
p~rmits .for the erection. and alteration, demolition and moving
ot bUlldmgs and structures. inspect the premises for which such
permits have heen issued and enforce compliance with the pro-
visions of this code.
104.3 Notices and orders. The building official shall issue all
necessary notices or orders to ensure compliance with this code.
104.4 Inspections. The building official shall make all of the
required inspections, or the building official shall have the
authority to accept reports of inspection by approved agencies
or individuals. Reports of such inspections shall be in writing
and he certified by a responsible officer of such approved
agency or by the responsible individual. The building official is
authorized to engage such expert opinion as deemed necessary
to report upon unusual technical issues that arise, subject to the
approval of the appointing authOlity.
> 104.5 Rig~t of entry. Where it is necessary to make an inspec-
tIon to entorce the provisions of this code, or where the build-
ing official has reasonable cause to believe that there exists in a
structure or upon a premises a condition which is contrary to or
in violation of this code which makes the structure or premises
unsafe. dangerous or hazardous. the building official is autho-
rized to enter the structure or premises at reasonable times to
inspect or to perform the duties imposed by this code, provided
that if slIch structure or premises be occupied that credentials
he presented to the occupant and entry requested. If such struc-
ture or premises is unoccupied. the building official shall first
make a reasonahle effort to locate the owner or other person
havmg charge or control of the structure or premises and
request entry. If entry is refused, the building official shall have
recourse to the remedies provided by law to secure entry.
1.04.6 Department .records. One set of approved plans. specifica-
tions an~ computatIOns shall be retained by the building official
for a penod of not less than that dictated by OAR 166-300 et al for
the jurisdictions where the State of Oregon has jurisdiction, OAR
ltl6-200 et al where a city has jurisdiction and OAR 166-107 et al
where a c.mmty has jurisdiction. One set of approved plans and I
speClficat10ns shall be returned to the applicant, and said set shall '
he kept on the site of the building or work at all times during which
the work authorized thereby is in progress.
Section 104.7 i~ not adopted by the State of Oregon. See ORS 30.265.
"Attachment A"
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104.7 Liability. The building official, member at the board ot
appeals or employee charged with the enforcement of this code,
while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by this code or other perti-
nent law or ordinance, shall not thereby be rendered liable per-
sonally and is hereby relieved from personal liability for any
damage accruing to persons or property as a result of any act or
by reason of an act or omission in the discharge of official duties.
Any suit instituted against an officer or employee because of an
act performed by that officer or employee in the lawful discharge
of duties and under the provisions of this code shall be defended
by legal representative of the jurisdiction until the final tennina-
tion of the proceedings. The building official or any subordinate
shall not be liable for cost in any action, suit or proceeding that is
instituted in pursuance of the provisions of this code.
104.8 Approved materials and equipment. Materials, equip-
ment and devices approved by the building official shall be con-
structed and installed in accordance with such approval.
104.8.1 Used materials and equipment. The use of used
materials which meet the requirements of this code for new
materials is permitted.
104.9 Modifications. Wherever there are practical difficulties
involved in carrying out the provisions of this code, the building
official shall have the authority to grant modifications for intliv.id-
ual cases, upon application ofthe owner or owner's representative,
provided the building official shall first find that special individual
reason makes the strict letter of this code impractical and the mod-
ification is in compliance with the intent and purpose of this code
and that sllch modification does not lessen health, accessibility,
Ii fe and fire safety, or structural requirements. The details of action
granting modifications shall be recorded and entered in the files of
the department of building safety.
104.10 Alternative materials, design and methods of con-
struction and equipment. The provisions of this code are not
i~t~nded to ~revent the installation of any material or to pro-
hibit any deSign or method of construction not specifically pre-
scribed by this code. provided that any such alternative has
been approved, An alternative material. design or method of
construction shall be approved where the building official tinds
that the proposed design is satisfactory and complies with the
intent of the provisions of this code, and that the material,
method or work offered is, for the purpose intended. at least the
e~uivalent of that prescribed in this code in quality, strength,
effectiveness, tire resistance, durability and safety.
104.10.1 Research reports. Supporting data. where neces-
sary to assist in the approval of materials or assemblies not
specifically provided for in this code, shall consist of valid
research reports from approved SOllrces.
104.10.2 Tests. Whenever there is insufficient evidence of
compliance with the provisions of this code. or evidence that
a ma.terial or m~thod does not conform to the requirements
of thIS code, or In order to substantiate claims for altemative
materials or methods, the building official shall have the au-
thority to require tests as evidence of compliance to he made
at no expense to the jurisdiction. Test methods shall be as
specified in this code or by other recognized test standards.
In the absence of recognized and accepted test methods. the
building official shall approve the testing procedures. Tests
shall be performed by an approved agency. Reports of such
tests.shall he retained by the building official for the period
reqUIred for retention of public records.
.104.11 Request for ruling. ORS 455.060 provides for state rul-
Ings on acceptable materials. designs and methods of constmc-
tion. When a OIling has been issued. ORS 455.060(4) applies,
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1776 Newberg Hwy
Woodburn, OR 97071
Bus. Office 503-982-2360
Fax 503-981-5004
September 15, 2006
From:
Honorable Mayor and City Council
Paul Iverson Woodburn Fire DistricR~
To:
Subject:
Adoption of Multi-family sprinkler requirements
The Woodburn Fire District is requesting that the City adopt the fire sprinkler requirements found ;.
in Appendix Chapter AN109.4.2 through AN109.4.3 for multi-family buildings. The fire sprinkler-
requirements would mandate a fire sprinkler system in all apartment buildings over one story in
size and in one-story apartment buildings with more than 16 attached dwelling units. The fire
sprinkler system retrofit provisions would require sprinkler systems to be installed in apartment
buildings when more than 50 percent of the dwelling units have over 60 percent of their value
altered or damaged.
History has taught us that it is not possible to entirely eliminate catastrophic fires in multi-family
structures; with sprinklers it is however possible to limit their severity. On June 28, 1996, a fire at
the Oakwood Park apartments in Aloha took the lives of three adults and five children, 24 days
later less than a mile away a second apartment fire took the lives of a young couple and a toddler.
On October 21, 2004 a fire in the Haysville apartments took the life of two adults and one child.
All are examples of tragic fires in multi-family housing.
Woodburn has been lucky not to have had any multi-family structure related fatalities, despite the
fact that we have not been exempt from fires in these structures. On August 8, 2000 the Grant
Street apartment fire destroyed 12 units. On September 9, 2001 the Young Street Apartments
burned displacing 80 adults and 20 children.
In early 2001, the city adopted the sprinkler appendix to the building code, requiring that
structures with significant damage must install sprinklers when they are rebuilt. Due to this
provision, the Young Street apartments had sprinklers installed during the rebuilding phase. On
November 11, 2004 there was an unattended cooking fire in the Young Street Apartments. This
time the sprinklers activated and extinguished the fire. Only two families were displaced
temporarily during the water removal.
The 2001 ordinance expired when the state adopted the 2003 Oregon Structural Specialty Code
in 2004. The new ordinance is simply an updated version of the expired ordinance. Adoption of
the multi-family fire sprinkler system requirements is an effective way to provide life safety to
Woodburn citizens, living in multi-family structures, as we had in the past.
IIAttachment 811
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