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Ord 2293 - Adopt Bldg Codes COUNCIL BILL NO. 2327 ORDINANCE NO. 2293 AN ORDINANCE ADOPTING CERTAIN STATE SPECIALITY CODES; SETTING FORTH THE POWERS AND DUTIES OF THE BUILDING OFFICIAL; PROVIDING FOR PROCEDURES AND FEES; ESTABLISHING PENALTY PROVISIONS; REPEALING ORDINANCES 2071, 2212 AND 2228 AND DECLARING AN EMERGENCY. WHEREAS, the State of Oregon regularly adopts certain speciality 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, it is necessary for the City to periodically adopt the most recent additions of the state speciality 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 by this reference incorporated herein and shall be in force and effect within the corporate boundaries of the City of Woodburn: A. 2000 Oregon Structural Speciality Code (based upon the 1997 edition of the Uniform Building Code) including the following provisions: 1. Section 102 (Unsafe Buildings or Structures). 2. Section 104.2.6 (Liability). 3. Section 104.2.10 (Cooperation of Other Officials and Officers). Page 1 - COUNCIL BILL NO. 2327 ORDINANCE NO. 2293 4. Section 3402 (Maintenance). 5. Appendix Chapter 9, Division III (Multi-Family Fire Sprinkler Requirements). B. 1999 Oregon Mechanical Specialty Code (based upon the 1998 edition of the International Mechanical Code). C. 2000 Oregon One and Two Family Dwelling Specialty Code. D. 1999 National Fire Protection Association 13 Sprinkler Code. (Sprinkler Installation Standards). E. 1997 Oregon Manufactured Dwelling Standard. F. 2000 Oregon Electrical Specialty Code (based upon the 1999 edition of the National Electrical Code). G. 2000 Oregon Plumbing Specialty Code (based upon the 1997 edition of the Uniform Plumbing Code). Section 3. Powers and Duties of the Buildin~ Official. The building official shall have the power to render interpretations and to adopt and enforce administrative procedures. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of the code. Section 4. Ri\:ht 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 state building 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 persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. Page 2 - COUNCIL BILL NO. 2327 ORDINANCE NO. 2293 Section 6. Authority to Disconnect Utilities in Emer2encies. 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 state building 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 state building 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 state building 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 ofa staff interpretation of the state building code during plan review or inspection, the aggrieved persons shall be notified of the provisions ofORS 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 made 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 appropriate state board for final action. The appeal 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) 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. Page 3 - COUNCIL BILL NO. 2327 ORDINANCE NO. 2293 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 ofthe decision, appeal to the appropriate state advisory board as listed below: Structural Code - Building Codes Structures Board Mechanical Code - Building Codes Structures Board Dwelling Code - Building Codes Structures Board Plumbing Code - Plumbing 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. B. The building official may authorize the refunding of fees paid in accordance with Page 4 - COUNCIL BILL NO. 2327 ORDINANCE NO. 2293 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 equipment. Section 14. Savin~s 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. Violation of a provision of this chapter constitutes a Class I civil infraction and shall be processed 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, 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 Page 5 - COUNCIL BILL NO. 2327 ORDINANCE NO. 2293 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 Nos. 2071, 2212 and 2228 are hereby repealed. Section 17. Emer2ency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. '7f) <ro- ~ /' - 2'2 - 2-0171 Approved as to form:' . '0 N. Robert Shields, CIty tomey Submitted to the Mayor Approved: Ju~e 25, 2001 June 26, 2001 June 26, 2001 June 26, 2001 Passed by the Council Approved by the Mayor Filed in the Office of the Recorder ATTEST:~~~ Mary e ant, City Recorder City of Woodburn, Oregon Page 6 - COUNCIL BILL NO. 2327 ORDINANCE NO. 2293