HomeMy WebLinkAbout3043 Building & Structural Codes
ORDINANCE NO. ~()lt3
ORDINANCE RELATING TO ADOPTING NEW BUILDING
AND STRUCTURAL CODES, AMENDING
AMC CHAPTER 15 BUILDING CODES, AND REPEALING AMC
15.04.180,15.08.020,15.08.040,15.08.050, 15.08.060, 15.08.070, 15.16.020
THROUGH 15.16.220, 15.16.250 THROUGH 15.16.320, AND 15.16.360
THROUGH 15.16.370
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lifted through and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and common
law of the United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers
not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293.
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate;
WHEREAS, AMC Chapter 15 is also being amended to update references to State of Oregon
Building Codes and to remove unnecessary materials;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.04.010 [Code Adoption] is hereby amended to read as follows:
15,04,010 Code Adoption
A. The following codes are adopted as a part of this chapter and are further referred to in
this title as "the specialty codes".
u
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L ;wG4-201O Oregon Structural Specialty Code as defined in Oregon
Administrative Rule 918-460-!!0 I 0, and includin!!: AllIlendices J. G, and L.
2. ;WW 2009 Oregon Plumbing Specialty Code as defined in Oregon
Administrative Rule 918-750-0110.
3. ~ 2010 Oregon Mechanical Specialty Code as defined in Oregon
Administrative Rule 918-440-!!010.
4. ~ 2008 Oregon Residential Specialty Code as defined in Oregon
Administrative Rule 918-480-0010.
5. ~ 2008 Oregon Electrical Specialty Code as defined in Oregon
Administrative Rule 918-305-0100, 918290 010.
6. 2010 Ore!!:on Enerl!V Efficiencv Specialty Code as defined in Oregon
Administrative Rules 918-460-!!500 through 91 8-460-!!5 I O.
B. The following codes are adopted as a part of this chapter except those portions of these
codes which conflict with or overlap the specialty codes.
I. ;WW 2009 International Existing Building Code as published by the
International Code Council, a copy of which is on file with the Building Official.
2, Appendix G of the 2010 Ore!!:on Structural Specialty Code, except when in
conflict with a provision of the Ashland Municipal Code,
3, Appendix J ofthe 2010 Ore!!:on Structural Specialty Code.
4, Appendix L of the 2010 Ore!!:on Structural Specialty Code, except when in
conflict with a provision of the Ashland Municipal Code,
2, Appendix J of the 2003 Internlltionlll Building Code llS published by the
Internlltionlll Code Couneil, II eOllY of which is on file with the Building
Offieilll.
SECTION 2, Section 15.04.030 [Building Official Designated] is hereby amended to read as
follows:
15,04,030 Building Official Designated
The City Administrator shall designate a City employee to carry out the functions and duties of
the Building Official as described in the Oregon 1990 2001 Structural Specialty Code, unless
such individual is a department head, in which case such designation shall be by the Mayor with
confirmation by the City Council. Such person shall be state certified as a Building Official in all
the codes adopted by this Chapter, and may delegate portions of responsibility as may be deemed
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necessary. Designation by the City Administrator of the Building Official shall be done in
writing in a document filed with the City Recorder
SECTION 3, Section 15.04. I 00 [Inspections Required] is hereby amended to read as follows:
15.04.100 Inspections Required
Inspections shall be called for and made as provided in the specialty codes. The general
contractor will natify thc Building Official when ready for ins(Jcctions as listed on the
ins(Jeetion card, Ins(Jections will be made within twen13' four (21) hours after notification,
Saturdays, Sundays and Holidays cxce(Jtcd, Electrical (Jcrmit ins(Jcctions shall follow the
Orcgon Electrical S(JeciaIty Code rcquiremcnt of 48 hours after writtcn notice,
SECTION 4. Section 15.04.115 [Conversion to For-Purchase Housing] is hereby amended to
read as follows:
15.04,115 Conversion to For-Purchase Housing
Structures being converted from multiple-family rental unit use to for-purchase housing in multi-
family zones shall' conform to Oregon Structural Specialty Code Chapter 34 Existing Structures,
Sections 2101, 2105, and 2106, including but not limited to. structural, mechanical, plumbing,
and fire/life safety, in effect at the time of conversion, and a building permit shall be obtained for
such conversion. Specifically, it shall be unlawful for the owner or his agent of multi-family
residential units to convert said units and common areas to condominium ownership without
prior approval of the building official. Review of components identified in Oregon Structural
Specialty Code Chapter 34 Existing Structures shall precede such approval. Owner shall notify
tenants that the City Building Division may be performing inspections of units and request entry
for such purpose. After completion of the review, a report of items to be brought into
compliance, if any will be provided to the owner or his agent by the Ashland Building Official.
Any and all corrective measures and related construction permits with approved final inspections
shall be completed prior to sale of units identified in the report. Physical improvement or
rehabilitation of units and common areas are subject to the limitations of ORS 100.315.
Conversion is also subiect to requirements of AMC Chapter 10,115. The fee schedule for the
conversion review shall be established by resolution of the city council.
SECTION 5. Section 15.04.180 [License Requirements for Heating or Ventilating Appliance
Installations is hereby repealed in its entirety.
SECTION 6. Section 15.04.115 [Mechanical Specialty Code Fee] is hereby amended to read as
follows:
15,04,220 Mechanical Specialty Code Fee
For application in this city, Seetion 204 of the mechanical s(Jccialty eode delcted, The the fee
schedule for mechanical specialty code fees shall be established by resolution of the city council.
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r
SECTION 7, Section 15.04.260 [Violation-Administrative Penalty] is hereby amended to read
as follows:
15,04,260 Violation-Administrative Penalty
A. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any
building or structure in the City or cause the same to be done contrary to or in violation of
any of the provisions of this title.
S. The Building Official, and his/her designee is specifically authorized to impose a civil
penalty for any violation of the Building Code, including an order of the Building Official to
remedy such violation. The civil penalty shall be served in a "Notice and Order Imposing the
Civil Penalty" for the violation. The Notice shall:
I. Describe the alleged violation, including any relevant code provision numbers, ordinance
numbers or other identified references; and
2. State that the City of Ashland intends to assess a civil penalty for the violation and states
the amount of the civil penalty; and
3. State that the party may challenge the civil penalty by filing an notice of appeal to the
Building Board of Appeals within 15 days of service of the Notice as provided in AMC
Chapter 15.
C. The civil penalty may not exceed the maximum civil penalty amount authorized for an
equivalent specialty code violation under ORS 455.895, subject to the limitations in the
Ashland City Charter. Any person, firm or corporation violating any ofthe provisions of this
title shall be deemed guilty of an offense and each such person shall be deemed guilty of
separate offense on each and every day or portion thereof during which any violation of any
of the provisions of this ordinance is committed, continue or permitted and upon conviction
of any such violation. The civil penalties provided herein are in addition to and not in lieu of
any other remedy for enforcement available to the City including but not limited to increased
permit or investigative fees, injunctive relief or any other remedy.
D. Unpaid Penalties
I. Failure to pay an administrative penalty imposed pursuant to this code within thirty (30)
days after the penalty becomes final shall constitute a Class I Class A violation of this
code.
2. If an administrative civil penalty is imposed on a responsible person because of a
violation of any provision of this code 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 against the property the full amount of the unpaid fine and
shall enter such an assessment as a lien in the docket of City liens.
3. In addition, failure to pay an administrative civil penalty imposed pursuant to this code
shall be grounds for withholding issuance of requested permits or licenses, issuance of a
stop work order, as well as revocation or suspension of any issued permits or certificates
of occupancy.
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SECTION 8. Section 15.08.020 [Moving Structures Procedures Inspection] is hereby repealed
in its entirety.
SECTION 9. Section 15.08.040 [Plans Filed] is repealed in its entirety.
SECTION 10. Section 15.08.050 [PreMoving Conference] is hereby repealed in its entirety.
SECTION 11. Section .15.08.060 [Issuance or Denial of Penn its] is hereby amended to read as
follows:
15,08,060 Permit Requirements for Moved Buildings
No person shall move anv building to a lot or store anv building on a lot in anv zoning
district within the city, other than an industrial zoning district, unless the owner of the
building first obtains all necessary permits and pavs all required fees to move the building,
constructs a foundation and places the building on a foundation on that lot, Necessary
permits and fees shall include but not be limited to moving permit, zone change, site plan
and architectural commission review, system development charges, foundation permit,
sewer and water connection permits, specialty code permits and fees and any other permits
necessary for construction, addition, remodel or change of occupancy.
15,08,060 Issuance or Denial of Permits
The Building Official sholl investigate and examine the building proposed to be mB'/ed, the
streets and publie and private propert;l' over, along, or across which the building is
proposed to be moved, and the new loeation of the building, f-or the purpose of determining
if the building may be moved with safet)' and mode to eomply with all the reljuirements of
the City of ".shland, and to determine whether any streets or public or private property
will be injurcd or damaged by the proposed move. The Building Official sholl consult with
the '.shland Historic Commission in accordance with Section 15,01,210, The Building
Official sholl abo consult with the .\shland Tree Commission regarding reljuired tree
trimming in publie rights of way and other issues whieh may affeet trees owned by public
entities,
If the building and the proposed move meet all of the terms, conditions and restrietions os
set forth in the moving ordinance and in the opinion of the Building Official, the moving of
the building will do no damage to any streets or public or private prope~' along the route
of the proposed building move, then the Building Official sholl issue the permit. The
Building Official sholl refuse to issue a permit if it is found:
.\. That the building is too large to move without endangering persons or propert)'
in the Cit)" or would damage prope~' os set forth above, including. unacceptable
damage to the Cit)"s street trees,
R. That the building is in such a state of deterioration or disrepair, or is otherwise so
structurally unsafe, that it cannot be moved without endangering persons or
propert)',
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C. That the building is strueturally unsafe or unfit for the purpose for whieh it is
mO"led, ifthe new loeation is in the City,
D, That the applieant's equipment is unsafe and that persons and property may be
endangered by its use,
E. That zoning or other ordinanees would be violated by the building in its new
loeation,
F, That for any other reason persons or property would be endangered by moving
of the building,
SECTION 12. Section 15.08.070 [Use of Dollies] is hereby repealed in its entirety.
SECTION 13, Section 15.08.080 [Insurance] is hereby amended to read as follows:
15,08,080 Insurance Bond Required
Before a permit is granted under Section 15,08,060 the Building Official shall require the
person to furnish a bond with one or more sureties to thc effect that they will indemnify the
city for repairs to the streets and alleys or other property of the city. or damage and
expense to any person occupying the streets or alleys by virtue of a franchise or otherwise.
which results from transportation of a building on the streets or alleys of the city,
The applieant,prior to reeei"ling a permit, sholl submit to the City's Director of Finance or
Risk Manager a ccrtifieate of liability insurance eoverage, Said eertifieate shall, in a form
satisfactory to the Director of Finance or Risl. Manager, attest to the house mo'/er ha'/ing
current auto and general liability insuranee cO"lerage, in amounts not less than those sct
forth in ORS 311,2711, with the Cit)' of Ashland, its officers, employees and agents named os
additional insured with respeet to the house moving operation,
SECTION 14, Section 15.08.100 [Penalty] is hereby amended to read as follows:
15.08,100 Penalty
Any person refusing or neglecting to comply with the requirements of this chapter, or violating
any provisions therein, is guilty of an infraction Class III Violation, and shall be subject to the
penalties set forth in Section 1.08.020 of the Ashland Municipal Code, Penalties shall be
assessed in accordance with Section 15,04,260.
SECTION 15, Section 15.20.020 [Code Adopted] is hereby amended to read as follows:
15,20,020 Code Adoption
The Oregon Electrical Specialty Code. as defined in Oregon Administrative Rule 918-290-
010. is adopted Adopted as a part of this chapter and further referred to in this chapter as "the
electrical code:" are the f-ellowing:
Page 60f8
A, The Eleetrieal 8Jleeialty Code as defioed fn Oregoo Administrative Rule 918
290 010,
B. The eleetrieal eo de reEJuirement5 far Dwellings uoder the Oregoo Re5ideotial
8Jlecialt)' Code aod io O,'.R 918, Di'iisioo 480.
SECTION 16, Section 15.16.020 [Septic Tanks] through 15.16.220 [Plumbing and sewer
business license-Required-Issuance] are hereby repealed in their entirety.
SECTION 17, Section 15.16.240 [Permits - Fees] is hereby amended as follows:
15.16.240 Permits - and Fees
A person must obtain a permit from the City as required bv State Law, For application in
this city, the plumbing specialty code fees shall be established by resolution of the city council.
(Ord 2896, Amended, 06/03/2003;Ord 2925, 2006)
SECTION 18, Section 15.16.250 [Compliance with plumbing law] through
15.16.320 [Plumbing license - Suspension] are hereby repealed in their entirety.
SECTION 19, Section 15.16.360 [Exemptions] and 15.16.370 [Labor by owner] are hereby
repealed in their entirety.
SECTION 20, Section 15.20.090 [Violation - Penalty] is hereby amended to read as follows:
15,20,090 Violation - Penalty
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed
guilty of an offense and each such person shall be deemed guilty of separate offense on each and
every day or portion thereof during which any violation of any of the provisions of this ordinance
is committed, continue or permitted and upon conviction of any such violation such person shall
be punished as prescribed in Section 1.08.020. and penalties shall be assessed in accordance
with Section 15,04,260.
SECTION 21. Severability. If any section, provision, clause. sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 22. Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
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SECTION 23, Codification, Provisions of this Ordinance shall be incorporated in the Ashland
Municipal Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter' or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
and typographical errors and cross references may be corrected by the City Recorder, provided
"''''~------:'7',_..,
however that Sections ~L th[u_ 2;3., unincorporated Whereas clauses and boilerplate provisions
need not be codified.
The foregoing ordinance was first read by title only in accordanc
Section 2(e) of the City Charter on the -L day of ~
,00 ~ ~r;;:;:.:; d'yof
Barbara Christensen, City Recorder
SIGNED and APPROVED this -Lday of
with Article X,
,2010,
,2010.
~J!P--
~.
Reviewed as to form:
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