HomeMy WebLinkAbout2925 Amending AMC Chapter 15
ORDINANCE NO. 2925
AN ORDINANCE AMENDING CHAPTER 15 (BUILDINGS
AND CONSTRUCTION) OF THE ASHLAND MUNICIPAL
CODE RELATING TO THE ADOPTION OF OREGON
SPECIAL TY CODES.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Section 1. Ashland Municipal Code Chapter 15 is amended to read: TITLE 15
CHAPTERS:
15.04
15.06
15.08
15.10
15.16
15.20
15.24
15.28
, 15.36
. BUILDINGS AND CONSTRUCTION
BUILDINGS CODE
SOLID FUEL BURNING DEVICE REGULATIONS
MOVING OF BUILDINGS
FLOOD DAMAGE PREVENTION REGULATIONS
PLUMBING CODE
ELECTRICAL CODE
UNDERGROUND ELECTRICAL SERVICE
FIRE PREVENTION CODE
NUMBERING OF BUILDINGS
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SECTIONs:
15.04.010
15.04.020
15.04.030
15.04.040
15.04.050
15.04.060
15.04.070
15.04.080
15.04.090
15.04.095
15.04.096
15.04.100
15.04.105
15.04.110
15.04.115
15.04.180
CHAPTER 15.04
BUILDINGS CODE
Code Adoption.
City Code Administration.
Building Official Designated.
Fire Zones.
Agricultural Buildings.
Excavation and Grading.
Local Interpretation.
Unsafe Building.
Building Permits Generally.
Building Permits--Required Street Dedications.
Reimbursement for Street Improvements.
Inspections Required.
Barrier Removal Improvement Plans, Liens.
Used Material-- Repealed by Ord. 2685,1992)
Condominiums.
License Requirements for Heating and Cooling or Ventilating Appliance
Installations.
15.04.185 Heat Pumps and Mechanical Devices.
15.04.190 Underground Utilities.
15.04.192 Location of Electric Meters.
15.04.200 Board of Appeals.
15.04.205 Structural Specialty Code.
15.04.210 Demolition or Relocation of Structures.
15.04.212 Demolition Review Committee.
15.04.214 Approval Process.
15.04.216 Demolition and Relocation Standards.
15.04.218 Deleted
15.04.220 Mechanical Specialty Code Fee.
15.04.230 Violation--Penalty.
15.04.240 Certificate of Occupancy.
15.04.250 Notice of Non-Compliance and Violation.
ECTION 15.04.010 Code Adoption.
The following codes are adopted as a part of this chapter and are further referred to in this
title as "the specialty codes".
1. 2004 Oregon Structural Specialty Code as defined in Oregon Administrative Rule 918-
460-010.
2. 2003 Oregon Plumbing Specialty Code as defined in Oregon Administrative Rule 918-
750-010.
3. 2004 Oregon Mechanical Specialty Code as defined in Oregon Administrative Rule
918-440-010.
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4. 2005 Oregon Residential Specialty Code as defined in Oregon Administrative Rule
918-480-000.
5. 2005 Oregon Electrical Specialty Code as defined in Oregon Administrative Rule 918-
290-010.
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.
1. 2003 International Existing Building Code as published by the Intern:lltional Code
Council, a copy of which is on file with the Building Official.
~ Appendix J of the 2003 International Building Code as published by the
International Code Council, a copy of which is on file with the Building Official. (Ord.
1981 SI, 1978; Ord. 2102 SI, 1980; Ord. 2394,1986; Ord. 2442 S2, 1988; Ord. 2521 S2,
1989; Ord. 2685, 1992; Ord.2712, SI, 1993)
SECTION 15.04.020 City Code Administration.
The City shall provide for the administration of a plan checking, permit and inspection program for
structural, mechanical, plumbing work and electrical work. This City program is applicable to public
buildings, including state buildings, as well as private buildings. (Ord. 1825, 1974; Ord. 2685, 1992)
SECTION 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 +99() 2004 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 necessary. Designation by the City Administrator of the Building Official shall be done
in writing in a document filed with the City Recorder. (Ord. 1981 S2, 1978; Ord. 2685, 1992)
SECTION 15.04.040 Fire Zones.
(Repealed by Ord. 2712, S5, 1993)
SECTION 15.04.050 Agricultural Buildings.
(Repealed by Ord. 2685, 1992)
SECTION 15.04.060 Excavation and Grading.
(Repealed by Ord. 2685, 1992)
SECTION 15.04.070 Local Interpretation.
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(Repealed by Ord. 2685, 1992)
SECTION 15.04.080 Unsafe Building.
(Repealed by Ord. 2712, S5, 1993)
SECTION 15.04.090 Building Permits Generally.
Permits shall be obtained as required by the specialty codes. General contractors shall obtain all
permits for a given job at one time. No building permit that would result in the construction of
new structures, or the enlargement or change in use of existing structures shall be issued prior to
the presentation of an approved zoning permit to the Building Official by the applicant. Such
zoning permit shall be issued by the Planning Director, or a designee, and shall verify that the
contemplated project is in accord with all applicable zoning and planning regulations. It shall
also set forth any special conditions to be met by the applicant prior to issuance of a Certificate
of Occupancy or any other planning and zoning related conditions to be enforced by the Building
Official. The issuance and continued validity of any building permit issued by the City of
Ashland shall be contingent on compliance by the applicant with all applicable city, county,
state, or other regulations. On properties or in areas designated to be of signific:ant historical
value or interest applications for building permits, not requiring review by the Planning
commission pursuant to Title 18 of the Municipal Code, shall be referred to the Ashland Historic
Commission for review and recommendations, who shall have a period of time not to exceed
seven days to complete such review and recommendations. (Ord 1981 S6, 1978; Ord. 2037 S3,
1979; Ord 2685, 1993; Ord 2712 S2, 1993; Ord 2775
SECTION 15.04.095 Building Permits--Required Street Dedications.
In issuing building permits for proposed buildings, dedication of abutting streets shall first be
made to the City of Ashland as follows:
A. Dedication of Streets--Public Need. Whenever a property owner requests a building
permit, land partition or subdivision approval, and such proposed use of the land or
division of the land causes a public need for increased street right of way, the property
owner shall dedicate such additional right of way to the City of Ashland bt:fore approval
is given for the subdivision, land partition or application for a building permit. In
determining public need the following factors shall be considered:
1. Accommodation of increased traffic generated by the development;
2. The ability to provide traffic circulation to neighboring properties in order to make
the most economic use of land, thereby fulfilling the intent of the City
Comprehensive Plan and State Planning Code;
3. The health, safety, and welfare of future residents of the area, if the area is developed
through flag partitions or other piecemeal, irregular means, causing inadequate
access; and
4. Such other factors as may be found relevant during consideration of a particular
application.
B. Dedication of Streets-- Width established. Whenever a property owner requests approval
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of a land partition, subdivision or building permit, and the property abuts on a street
shown on Exhibit "A" attached to Ordinance No. 2012 which is hereby incorporated
herein, and the street at that location is not dedicated to the widths requin:d by Section
18.80.020(b) of this Code, approval of the application shall only be granted after the
property owner has dedicated such required additional right-of-way to the City of
Ashland. For purposes of this Section, all streets not designated on Exhibit "A" as
arterial or collectors, shall be designated as minor streets.
C. Dedication of Streets--New Streets. Whenever a property owner requests approval of a
land partition, subdivision or building permit, and the property abuts on a planned street
which has been adopted by resolution of the Planning Commission as a prot of a precise
street plan for an area, approval of the application shall only be granted after the property
owner has dedicated such required right-of-way to the City of Ashland.
D. Setbacks. All setbacks required under Title 18 of this code shall be measured from the
new right-of-way line established pursuant to Subsections A through C, above. (Ord.
2052 S6, 1979)
SECTION 15.04.096 Reimbursement for Street Improvements.
(Repealed by Ord. 2756, 1995)
SECTION 15.04.100 Inspections Required.
Inspections shall be called for and made as provided in the specialty codes. The general
contractor will notify the Building Official when ready for inspections as listed on the inspection
card. Inspections will be made within twenty-four (24) hours after notification, Saturdays,
Sundays and Holidays excepted. Electrical permit inspections shall follow the Oregon Electrical
Specialty Code requirement of 48 hours after written notice. (Ord. 1981 S7, 1978; Ord. 2088 S 1,
1980;Ord.2712,S3,1993)
SECTION 15.04.105 Barrier Removal Improvement Plans, Liens.
A. The Building Official may approve a Barrier Removal Improvement Plan authorized under
ORS 447.241 when:
1. All requirements of that statute are met and approved by the building official;
2. The approval by the building official is made in writing together with the date of the
approval; and
3. The value of the improvements required by the plan are entered into the city lien docket
as provided in section 15.04.105.B or adequate security is deposited by the plan applicant
as provided in section 15.04.105.C.
B. Unless adequate security is deposited as provided in section 15.04.105.C, the value of the
improvements required by the plan shall be chargeable as a lien upon the propl~rty subject to
the plan. The city recorder shall enter in the city lien docket a statement of the value of the
plan improvements together with a description of the plan improvements, th(~ name of the
owners of the property and the date of the approval of the plan by the building official. Upon
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such entry in the lien docket, the amount so entered shall become a lien upon thf~ property.
1. The determination of value for the plan improvements shall be made by the building
official. Such determination shall include the value of all construction work necessary to
accomplish the plan, as well as all finish work, painting roofing, electrical, plumbing,
heating, air conditioning, elevators, fire extinguishing systems and any other permanent
equipment. The value shall also include the cost of future inspections by the Building
Official to determine if the plan is being or has been met.
2. Upon completion of the plan improvements, the building official shall certify to the city
recorder that all improvements have been made. Upon such certification, the city
recorder shall remove the lien on the property from the lien docket.
3. Upon partial completion of the plan improvements, the building official, when requested
by the property owner or plan permittee, shall certify to the city recorder that plan
improvements have been partially made. The certification shall state the value of
improvements yet to be made and the city recorder shall amend the lien doeket to reflect
such value.
4. If the plan is not completed according to its terms, the city may proceed to foreclose the
lien in the manner provided by the general law in the State of Oregon for tht: collection of
real property liens. No foreclosure suit shall be filed, however, unless the property owner
is first given 30-days written notice specifying the nature of the incompletion and an
opportunity for the owner to complete the plan within such 30-day period.
C. The plan applicant may provide adequate security in a sum equal to the value of the
improvements required in the plan to secure performance of the plan in lie:u of the lien
described in section 15.04.105.B. Adequate security includes but is not limitt:d to a surety
bond furnished by a surety company authorized to do business in Oregon or an irrevocable
letter of credit from a bank doing business in Oregon or such other security as the may be
approved by the director of finance.
SECTION 15.04.110 Used Material-- Repealed by Ord. 2685,1992)
(Repealed by Ord. 2685,1992)
SECTION 15.04.115 Condominiums.
Structures being converted from multiple-family rental unit use to condominiums shall conform
to State Code standards in effect at the time of conversion, and a building pf:rmit shall be
obtained for such conversion. (Ord. 2035 S6, 1979)
SECTION 15.04.180 License Requirements for Heating and Cooling or Ventilating
Appliance Installations.
Chapter 2 of the State Mechanical Code is modified by adding the following sections:
A. Any person, firm, or corporation desiring to engage in the business of applilmce installing
or altering, or repairing any gas piping system, burner, or heating or ventilating
equipment within the City of Ashland shall obtain a license for doing so from the
Building Division. It shall be unlawful for any person to engage in any activity described
in this section unless such person, or the activity, as the case may be, is currently and
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validly licensed hereunder.
For the purpose of controlling the safety of appliance and materials, and controlling the
competence and standards of workmanship in the installation and repair of aU heating and
ventilating equipment and/or gas piping systems within the City of Ashland, licenses
shall be issued in the following classifications, to persons or firms who qualify as
prescribed in the provisions of this code:
1. Heating, Cooling and Ventilation Installation Contractor. Any person, firm or
corporation engaging in the business of installing, repairing, altering, or servicing any
apparatus, or any gas piping system or any appurtenance thereto, shall obtain a
"Heating, Cooling, and Ventilating Installation Contractor's License." The license
also permits the sale of appliances, appurtenances, etc., and does not entitle the holder
to perform the actual labor required to make the installation or part thereof unless
further licensing for gas systems is required as prescribed by the code below.
2. Gas Fitter. Any person performing (for hire or otherwise) the labor or service of
installing, altering or servicing any gas appliance, any appurtenance thereto, or any
gas piping system, shall obtain, and be in possession of, a valid "Gas Fitter's License"
as prescribed by this code.
3. State Liquified Petroleum License. A state LPG Fitter's License shall be a
prerequisite for any fitter performing work on any part of a Liquified Petroleum Gas
Fuel System or any appliance using Liquified Petroleum Gas.
4. Revocation of License. No person shall lend any license to any other person nor shall
a licensed person, firm or corporation apply for a permit for use of any other person,
firm or corporation. Any person, firm or corporation so doing, or refusing to comply
with any other requests of this code, may have their license suspended or revoked by
the Building Division in accordance with other provisions of this code.
5. License Fees. Fees for licenses and conducting examinations for licenses required
under this chapter shall be set by resolution of the Council. All licenses to perform
installations shall expire on the 31 st day of December each year unless revoked for
cause. (Ord. 2664, 1992)
B. Application for License. The Building Division shall qualify an applicant for gas piping
as required in (a) herein, by conducting examinations, which shall bt:: designed to
determine applicant's knowledge of the standards for safe installation and the use of gas
burning equipment and piping systems and the applicants competency to perform such
installations. The Building Division shall prepare a written examination to determine the
qualifications and competency of all persons making application for gas fitter's license
and shall adopt rules and regulations pertaining to the giving of said examinations and
said examination paper shall be filed as official records of the Building Division. (Ord.
2171 Sl, 1982)
SECTION 15.04.185 Heat Pumps and Mechanical Devices.
The following standards shall govern the issuance of permits and noise levels of heat pump and
other mechanical installations:
Page 7 of 48
A. Existing Heat Pumps and Mechanical Devices. No person owning or controlling an
existing commercial or residential heat pump or mechanical device shall cause or permit
operation of that noise source if the noise levels generated by the h'eat pump or
mechanical device exceed fifty (50) DBA measured within twenty-five (25) feet or the
nearest residential structure on an adjacent parcel of land.
B. New Heat Pump and Mechanical Installations. Effective upon adoption of this Section,
no person shall install or operate a commercial or residential heat pump or mechanical
device if noise levels from its operation exceed forty-five (45) DBA within twenty-five
(25) feet of the nearest residential structure on an adjacent parcel of land or within the
setback zone of any adjacent unoccupied parcel of land zoned for residential use.
C. Permit Requirement. No person shall install a commercial or residential heat pump or
mechanical device prior to submitting a permit application to the Building Official and
receiving approval. All applications shall certify that the operation of the heat pump or
mechanical device will meet the provisions of Section 2 using the Air-Conditioning and
Refrigeration Institute Standards for Application for Sound Rated Outdoor Unitary
Equipment. (Standard 275)
D. Enforcement Responsibility. It shall be the responsibility of the Building Official to
assure all provisions of this Section are met prior to issuing an installation permit for a
heat pump or mechanical device.
E. (Repealed by Ord. 2685, 1992) (Ord. 2153 SI, 1981)
SECTION 15.04.190 Underground Utilities.
A. Underground Utilities Required. In conjunction with the issuance of a building permit for a
new electrical service all on-site utility lines, including but not limited to, electric,
communications, and cable television, shall be installed underground. For the purpose of this
section, appurtenances and associated equipment such as, but not limited to, surface-mounted
terminal boxes and meter cabinets, and terminations for concealed ducts in an underground
system, may be placed above ground.
B. Underground Utilities--Exceptions. Underground utilities need not be installed in the
following instances:
1. Any replacement or relocation of a service on a lot when it does not nl~cessitate any
increase in the number of existing overhead lines and/or utility poles;
2. Any increase in service size if no additional overhead lines and/or utility poles are
required; or
3. Single family dwellings, when utility poles exist along property lines, or abutting streets,
except for underground facilities required by Section 18.80.060 ofthe Ashhmd Municipal
Code, provided that a service panel and stubbed conduit shall be installed to convert to
underground utilities at a future date. (Ord. 2052 S7, 1979)
C. Underground Utilities--Cost. The applicant for service shall be responsible for all trenchinga
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and backfilling, and shall pay to the City the connection fees specified in Section 14.16.090
of this Code. (Ord. 2148 Sl, 1981)
D. Underground Utilities--Rules and Regulations. The City Council may, by resolution, adopt
rules and regulations governing the installation and allocation of costs for underground
utility extensions as a condition of building permit issuance.
SECTION 15.04.192 Location of Electric Meters.
In conjunction with the construction of new residential structures, electric meter bases shall be
installed on the side of the structure, nearest the City's service point and nearest the front of the
structure as practicable, unless an alternate location is approved by the Director of Electric
Utilities. On comer lots, the meter base may be located on the rear of the structure, nearest the
City's service point and nearest the side street as practicable. No meter installation shall cause
service entrance conductors to enter a structure without a service disconnecting means at the
closest point of entry as described in the National Electrical Code Article 230-70. (Ord. 2282
Sl, 1983;Ord. 2712, S4, 1993)
SECTION 15.04.200 Board of Appeals.
In order to determine the suitability of alternate materials and methods of construction, to
provide for reasonable interpretations of the provisions of standards applicable to building and
related activities administered through this city and to consider appeals as the Demolition
Review Committee, there is created a Board of Appeals consisting of six voting members,
including one planning commission member, who are qualified by experience and training to
pass upon matters pertaining to building related activities and the demolition and relocation of
buildings. At least one member shall also have experience, knowledge or an interest in
demolition-debris recycling. The Building Official shall be an ex officio non-voting member and
shall act as Secretary of the Board. The board shall adopt reasonable rules and n~gulations for
conducting its investigations and appeals and shall render all decisions and findings in writing.
The decision and findings shall be mailed to all persons who appeared before the Board. The
administrator of the State Building Codes Division shall be furnished copies of decisions
interpreting state building code requirements.
Except for the planning commission member who shall be selected by the chair of the planning
commission, members shall be appointed by the mayor, with confirmation by th~ council. All
members shall serve terms of three years, expiring on April 30 of each year. The two members
who have served on the Board for the longest period as of December 31, 2001, shall continue to
serve until April 30, 2002. The two members who have served on the Board for the next longest
period as of December 31, 2001, shall continue to serve until April 30, 2003. The member
serving on the Board the least period of time as of December 31, 2001, shall continue to serve
until April 30, 2004. The initial term of the planning commission member shall expire on April
30,2004. Any vacancy shall be filled by appointment by the mayor with confirmation by the city
council for the unexpired portion of the term. A member is eligible for reappointment.
(Ord 2878, Amended, 12/04/2001)
Page 9 of 48
SECTION 15.04.205 Structural Specialty Code.
(Repealed by Ord. 2685, 1992)
SECTION 15.04.210 Demolition or Relocation of Structures.
A. For purposes of sections 15.04.210 through 15.04.218, the following terms, phrases, words
and their derivations mean:
1. Demolition: To raze, destroy, dismantle, or any act or process that may cause partial or
total destruction of a structure where less than 60% of the structure's extemal walls will
be retained in place; or where less than a majority of the facade will remain.
2. Facade: The front or principal face(s) of a building, excluding an attached garage of a
residential structure, sometimes distinguished from the other faces by elaboration of
architectural or ornamental details and often serving as the primary entrance.
B. Except as provided in section 15.04.210.D, a permit is required before any structure, or part
of a structure as defined in subsection A.1 above, can be demolished or relocated. The permit
fees for demolition or relocation of a structure will be set by resolution of the council.
C. No demolition or relocation permit is required:
1. For structures ofless than 500 square feet in size.
2. For relocation of a structure upon the same lot.
3. To demolish a building declared to be dangerous under the Uniform Code for the
Abatement of Dangerous Buildings pursuant to section 15.04.010.B.
D. In addition to the enforcement provisions of this Title, the City Attorney may, or upon order
of the City Council shall, immediately commence action or proceedings for the prevention of
the demolition or relocation of a structure in the manner provided by law, and may take such
other steps and apply to such courts as may have jurisdiction to grant such relief as will
prevent the demolition, moving, removal, or damage to a building or structure, or using
property contrary to the provisions of this Title. The remedies provided for in this section
shall be cumulative and not exclusive.
1. For any demolition or relocation in violation of sections 15.04.210 to 15.04.218, the court
shall also have the authority to order the person convicted of the violation to rebuild or
restore the structure to its appearance prior to the demolition or to move and restore the
building to its original site.
2. For any flagrant violation, the court may impose a fine up to and including the assessed
market value of the structure demolished or relocated. A flagrant violation is an act by a
person who, after being notified of a violation, intentionally continues it.
(Ord 2858, Amended, 06/20/2000)
SECTION 15.04.212 Demolition Review Committee.
The Demolition Review Committee shall be the same as the Board of Appeals as established in
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section 15.04.200.
(Ord 2878, Amended, 12/04/2001; Ord 2866, Amended, 02/06/2001; Ord 2858, Amended,
06/20/2000; Ord 2852, added, 01/21/2000)
SECTION 15.04.214 Approval Process.
Applications for demolition or relocation permits will be processed as follows:
A. A complete application must be submitted to the building official and must include all of
the required information for the specific action requested. The application must be signed
by one or more property owners of the property where the structure is located. The
application must be accompanied by the appropriate application fee.
B. Within 14 days after receipt of a complete application, the building official will approve,
approve with conditions, or deny the application unless such time limitation is extended
with the consent of the applicant. Notice of the decision of the building official will be
mailed to the applicant within seven days of the decision.
C. If the application is approved, or if the application is denied and the applicant desires a
hearing before the Demolition Review Committee, the applicant must post and publish a
notice of the decision. The notice must be posted on the property in such a manner as to
be clearly visible from a public right-of-way and be posted within 5 business days of the
date the applicant received the decision. In addition, the notice must be published in a
newspaper of general circulation within the city at least 7 days prior to the date requests
for hearing must be filed.
D The applicant or any person may request a hearing before the Demollition Review
Committee by filing a request for a hearing with the building official. The: request for a
hearing must:
1. Be in writing and be filed within ten days of the date of the decision, if the request is
by the applicant. Otherwise the request must be filed within ten days of the date the
notice is posted or 7 days after the notice is published, whichever date is later.
2. Contain the specific grounds for which the decision should be reversed or modified,
based on the applicable demolition or relocation standards.
E. The following information is required to be contained in the notices required by this
section.
1. Notice of the decision by the building official described in subsection B above is to
contain the following information:
a. The decision of the building official and the date of the decision.
b. The requirements of the applicant for posting and publishing notice of the
decision.
c. A statement that no hearing will be held before the Demolition Review
Committee unless specifically requested.
d. A statement that a request for a hearing by the applicant must be made within 10
days of the date the applicant received the decision and that a request for a
hearing must include:
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1. The name and address of the applicant,
ii. the file number of the demolition or relocation application, and
iii. the specific grounds for which the decision should be reversed or modified,
based on the applicable demolition or relocation standards.
2. The posted and published notices described in subsection C above must Gontain:
a. A brief description of the approval and the application file number,
b. The phone number and address of the building official,
c. The date the notice was posted, and
d. A statement that anyone who objects to the approval must file a request for a
hearing on a form furnished by the building official, by a date not more than 10
days from the date the notice was posted or seven days from the date the notice
was published in the newspaper, whichever date is later.
F. If a request for a hearing is timely received, the Demolition Review Committee will
conduct a hearing at least 15 days, but not more than 30 days, from the date of the
request.
G. Notice for hearings before the Demolition Review Committee will be published in a daily
newspaper of general circulation within the city at least 10 days prior to the hearing and
mailed to the applicant or authorized agent at least 10 days prior to the hearing. In
addition a notice must be posted on the property by the applicant in such a manner as to
be clearly visible from a public right-of-way at least 10 days prior to the date of the
hearing. The applicant must certify, for the record of the hearing, that the posting was
accomplished. The posted notice must contain a brief description of the proposal, the
time, date and place of the hearing, and the phone number and address for contact with
the building official.
H. Within 15 days of the hearing, or within 15 days of the receipt of the report described in
section 15.04.216.A.l is received, whichever date is later, the Demolition Review
Committee shall issue its decision in writing and mail it to the applicant and all persons
who appeared and spoke at the hearing.
1. The decision of the Demolition Review Committee may be appealed to the I:::ouncil by the
applicant or someone who spoke at the hearing. In addition, the council may review the
decision on its own motion. The decision is appealed by filing a notice of appeal with the
city administrator. The appeal fee, as set by resolution of the council, must accompany
the notice of appeal. The appeal must be filed within 15 days of the date the decision of
the committee is mailed. The appeal notice must contain:
1. the appellant's name and address,
2. a reference to the decision sought to be reviewed,
3. a statement that the appellant is the applicant or someone who appeared and testified
at the hearing,
4. the date ofthe decision being appealed, and
5. the specific grounds for which the decision should be reversed or modified, based on
the applicable standards.
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J. The notice of appeal, together with notice of the date, time and place of the hearing on
the appeal by the Council will be mailed to those who appeared at the hearing before the
Demolition Review Committee at least 20 days prior to the hearing. The appeal before
the council shall be a de novo hearing based solely on the evidence in the record made
before the Demolition Review Board. The applicant shall have the burden to prove the
standards have been met. The council may affirm, reverse or modify the decision and
may approve or deny the request, or grant approval with conditions. The Council shall
make findings and conclusions, and make a decision based on the record before it as
justification for its action. The Council shall cause copies of a final order to be sent to all
persons participating in the appeal.
(Ord 2858, Amended, 06/20/2000; Ord 2852, added, 01/21/2000)
SECTION 15.04.216 Demolition and Relocation Standards.
For demolition or relocation of structures erected more than 45 years prior to the date of the
application:
1. The applicant must demonstrate that either subparagraphs a or b apply:
a. The structure cannot be rehabilitated or reused on site as part of any economically
beneficial use of the property. In determining whether an economically beneficial use
can be made of the property, the Demolition Review committee may require the
applicant to:
(i) Furnish an economic feasibility report prepared by an architect, developer, or
appraiser, or other person who is experienced in rehabilitation of buildings that
addresses the estimated market value of the property on which the building lies,
both before and after demolition or removal, or
(ii) Market the property utilizing a marketing plan approved by the Demolition
Review Committee or by advertising the property in the Ashland Daily
Tidings and Medford Mail Tribune at least eight times and at regular intervals for
at least 90 days and by posting a for sale sign on the property, four to six square
feet in size and clearly visible from the street, for the same 90 day period.
b. The structure proposed for demolition is structurally unsound despite efforts by the
owner to properly maintain the structure.
2. In addition to subparagraphs a or b above, the applicant must also:
a. Submit a redevelopment plan for the site that provides for replacement or rebuilt
structure for the structure being demolished or relocated. The replacement or rebuilt
structure must be a minimum of 1,000 square feet, unless the structure being
demolished or relocated is less than 1,000 square feet. If the structme is less than
1,000 square feet, the replacement structure must be a minimum of 500 square feet.
The redevelopment plan must indicate in sufficient detail the nature, appearance and
location of all replacement or rebuilt structures. No replacement structure is required,
however, if:
(i) the applicant agrees to restrict the property to open space uses and a finding is
made that such restriction constitutes a greater benefit to the neighborhood than
redevelopment would, or
(ii) the structure being demolished or relocated is a non-habitable accessory structure.
Page 13 of 48
b. Demonstrate, if the application is for a demolition, the structure cannot be practicably
relocated to another site.
3. If a permit is issued and the redevelopment plan:
a. Requires a site review permit, no demolition or relocation may occur until the site
review permit has been issued, unless the site is restricted to open space uses as
provided in section 15.04.216.A.2.
b. Does not require a site review permit, no demolition or relocation may occur until the
building permit has been issued for the replacement or rebuilt structure, Imless the site
is restricted to open spaces uses as provided in section 15.04.216.A.2.
4. The Demolition Review Committee may require the applicant to post with the city a
bond, or other suitable collateral as determined by the city administrator, ensuring the
safe demolition of the structure and the completed performance of the rt:development
plan.
B. For demolition or relocation of structures erected less than 45 years from the date of the
application:
1. The applicant:
a. Has the burden of proving the structure was erected less than 45 years from the date
of the application. Any structure erected less than 45 years from th~ date of the
application, which replaced a structure demolished or relocated under section
15.04.216, shall be considered a structure subject to the standards in subsections
15.04.216.
b. Must submit a redevelopment plan for the site that provides for a replacement or
rebuilt structure being demolished or relocated. The replacement or rebuilt structure
must be a minimum of 1,000 square feet, unless the structure being demolished ore
relocated is less than 1,000 square feet. If the structure is less than 1,000 square feet,
the replacement structure must be a minimum of 500 square feet. The f(~development
plan must indicate in sufficient detail the nature, appearance and location of all
replacement or rebuilt structures. No replacement structure is required, however, if:
(i) the applicant agrees to restrict the property to open space uses and a finding is
made that such restriction constitutes a greater benefit to the neighborhood than
redevelopment would, or
(ii) the structure being demolished or relocated is a non-habitably accessory structure.
2. If a permit is issued and the redevelopment plan:
a. Requires a site review permit, no demolition or relocation may occur until the site
review permit has been issued, unless the site is restricted to open space uses as
provided in section 15.04.216.B.
b. Does not require a site review permit, no demolition or relocation may occur until a
building permit has been issued for the structure or structures to h~ replaced or
rebuilt, unless the site is restricted to open space uses as provid(~d in section
15.04.216.B.
C. For any demolition approved under this section, the applicant is required to salvage or
Page 14 of 48
recycle construction and demolition debris, in accordance with a demolition debris diversion
plan that complies with the requirements adopted the Demolition Review Committee. The
applicant shall submit such a plan with the application for demolition. (Ord 2891,2002)
D. For any relocation approved under this section, the applicant must also comply with the
provisions of Chapter 15.08.
(Ord 2891, Amended, 11/19/2002; Ord 2858, Amended, 06/20/2000, Added 2/21/2000 Ord
2852)
SECTION 15.04.218 Deleted
(Ord 2858, Deleted, 06/20/2000, Added 01/21/2000 Ord 2852)
SECTION 15.04.220 Mechanical Specialty Code Fee.
For application in this city, Section 304 ofthe mechanical specialty code deleted. The fee
schedule for mechanical specialty code fees shall be established by resolution of the city council.
(Ord 2896, Amended, 06/03/2003) .
SECTION 15.04.230 Violation--Penalty.
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.
Any person, firm or corporation violating any of the 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 such person shall
be punished as prescribed in Section 1.08.020. (Ord. 1825, 1974; Ord. 1956, 1978)
SECTION 15.04.240 Certificate of Occupancy.
No building for which a permit has been issued shall be occupied nor shall utilities be released
until a final inspection has been made and a certificate of occupancy has bet:n issued by the
Building Official. Such Certificate shall not be issued until all relevant requirements of Title 15
of the Ashland Municipal Code have been met and all requirements of the Planning Commission
shall have been completed. However, with respect to requirements of the Planning Commission,
which shall include but not be limited to variance, conditional use permits, site plans and planned
unit developments, the Building Official may, unless otherwise directed by the Planning
Commission or City Council release a temporary Certificate of Occupancy and a temporary
release of utilities before the installation and completion of such requirements, and provided the
Page 15 of 48
owner has posted a performance bond satisfactory to the City Administrator to insure the
installation of said requirements within a specified time which must also be satisfactory to the
City Administrator. (Ord. 1923, 1977)
SECTION 15.04.250 Notice of Non-Compliance and Violation.
A. No permit or certificate of any kind shall be issued by the Building Official for a structure or
occupancy which would violate any provision of the Ashland Municipal Code.
B. Provided written notice and an opportunity to be heard is first given, the Building Official,
upon determining that a violation of this chapter exists, shall have authority to file a notice of
non-compliance in the Jackson County Records office upon any property which contains a
structure or is occupied in violation of this chapter.
C. The notice of non-compliance shall specify the owner of the property as retlected in the
Jackson County Records office, the property description, the date and brief description of
the violation and the citation to this chapter section.
D. Whenever the violation for which the notice of non-compliance was filed is corrected, the
Building Official shall, upon payment of the recording fee for the notice of non-compliance
and the recording fee for the notice of cor of non-compliance and specify tha1l the violation
has been corrected. (Ord. 2685, section, immediately file a notice of correction. The notice
of correction shall reference the notice 1992)
Page 16 of 48
CHAPTER 15.06
SOLID FUEL BURNING DEVICE REGULATIONS
SECTIONs:
15.06.010 Definitions.
15.06.020 Installation requirements.
15.06.030 Enforcement and Penalties.
SECTION 15.06.010 Definitions.
As used in this Chapter, the following words shall have the meanings indicated:
A. "Solid fuel burning device" means a device designed for solid fuel combustion so that
usable heat is derived for the interior of a building, and includes, without limitation, solid
fuel burning stoves, fireplace inserts, woodstoves of any nature, or pellet stoves used for
space heating which can burn solid fuel. Unmodified fireplaces and solid fuel burning
devices not subject to DEQ certification are excluded from this definition.
B. "Certified stove" means a solid fuel burning device certified by DEQ as mee:ting the 1988
particulate emission standards for certified woodstoves specified in Oregon
Administrative Rules 340-21-115.
SECTION 15.06.020 Installation requirements.
It shall be unlawful to install any solid fuel burning device which is not a "certified stove" as
defined in this chapter.
SECTION 15.06.030 Enforcement and Penalties.
Any person, firm or corporation, whether as principal, agent, employee or otherwisl~, violating or
causing the violation of any of the provisions of this ordinance has committed an infraction, and
upon conviction thereof, is punishable as prescribed in Section 1.08.020 of the Ashland
Municipal Code. Such person, firm or corporation is guilty of a separate violation for each and
every day during which any violation of this Title is committed or continued by such person,
firm or corporation. (Ord. 2552, 1990)
Page 17 of 48
CHAPTER 15.08
MOVING OF BUILDINGS
SECTIONs:
15.08.010 Permit for Moving Building.
15.08.020 Moving Structures Procedures Inspection.
15.08.030 Fees.
15.08.040 Plans Filed.
15.08.050 PreMoving Conference.
15.08.060 Issuance or Denial of Permits.
15.08.070 Use of Dollies.
15.08.080 Insurance.
15.08.090 Damages to City Property.
15.08.100 Penalty.
SECTION 15.08.010 Permit for Moving Building.
No person shall move a building on the streets or alleys of the City without first obtaining a
permit from the Building Official, or an authorized designee. Approval must also be obtained
according to Section 15.04.210 and Chapter 13.16 of the Ashland Municipal Code.
SECTION 15.08.020 Moving Structures Procedures Inspection.
Upon payment of an inspection fee as established in 15.04.210 of the Ashland Municipal Code,
the Building Official shall inspect the house, building, or other structure, and advise the applicant
whether or not the same can be moved in accordance with this Section. No moving permit shall
be issued until the building or structure has been so inspected.
SECTION 15.08.030 Fees.
The applicant shall, upon filing the application, pay to the City the moving permit fee in the
amount set by Section 15.04.210 of the Ashland Municipal Code. This fee covers the use of City
streets only and is not to cover costs for other services such as police or other escort services,
posting of "No Parking" signs, traffic rerouting, tree trimming, moving, lifting, relocating, or
otherwise protecting City-owned utilities, or for protecting, moving or relocating privately
owned vehicles or other private property. Separate charges for such services shall be determined
by the affected department or agency and paid by the building mover.
SECTION 15.08.040 Plans Filed.
Plans and specifications must be filed with the Building Official as part of a building permit
application before a moving permit will be issued. The plans should include the following:
A. A plot plan of the site showing the proposed location of all buildings and improvements,
including driveways.
B. Reconstruction or alterations necessary to comply with the City Building Codes.
Page 18 of 48
C. The proposed route of the building move, and all trees which must be: trimmed to
accommodate the move.
SECTION 15.08.050 Pre-Moving Conference.
The Building Official may require the person, firm or corporation requesting a permit to move a
building, to meet with concerned persons or agencies which shall include but not be limited to,
the State, County, City or any other interested persons or private agencies, for the purpose of
making necessary preparations in their affected areas of interest. All said agencies, at the time of
the pre-moving conference, shall furnish, in writing to the Building Official and the persons
requesting to move a building, the conditions and requirements of their agenciles. Persons
requesting a pre-moving conference shall give a minimum of twenty-one (21) days notification
to the Building Official, and the meetings shall take place not less than one week before the
requested moving date. A decision shall be made by the Building Official within thirty (30) days
of the application for a permit, unless mutually extended by the Building Official and the
applicant.
SECTION 15.08.060 Issuance or Denial of Permits.
The Building Official shall investigate and examine the building proposed to be moved, the
streets and public and private property over, along, or across which the building is proposed to be
moved, and the new location of the building, for the purpose of determining if the building may
be moved with safety and made to comply with all the requirements of the City of Ashland, and
to determine whether any streets or public or private property will be injured or damaged by the
proposed move. The Building Official shall consult with the Ashland Historic Commission in
accordance with Section 15.04.210. The Building Official shall also consult with the Ashland
Tree Commission regarding required tree trimming in public rights-of-way and other issues
which may affect trees owned by public entities.
If the building and the proposed move meet all of the terms, conditions and restrictions as 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 property along tht~ route of the
proposed building move, then the Building Official shall issue the permit. The Building Official
shall refuse to issue a permit if it is found:
A. That the building is too large to move without endangering persons or property in the
City, or would damage property as set forth above, including unacceptable damage to the
City's street trees.
B. 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 property.
C. That the building is structurally unsafe or unfit for the purpose for which it is moved, if
the new location is in the City.
D. That the applicant's equipment IS unsafe and that persons and property may be
Page 19 of48
endangered by its use.
E. That zoning or other ordinances would be violated by the building in its new location.
F. That for any other reason persons or property would be endangered by moving of the
building.
SECTION 15.08.070 Use of Dollies.
A person engaged in the business of moving buildings shall use only dollies with rubber-tired
wheels. The weight of the building shall be supported on the dollies so that the wheel load will
not exceed the pavement design as established by the City Engineer, or propt:rly designed
planking shall be used so as not to overload or damage pavement or under-ground utilities within
the public streets. Planking shall be required over all sidewalks and curbs over which a building
is moved.
SECTION 15.08.080 Insurance.
The applicant, prior to receiving a permit, shall submit to the City's Director of Finance or Risk
Manager a certificate of liability insurance coverage. Said certificate shall, in a form satisfactory
to the Director of Finance or Risk Manager, attest to the house mover having current auto and
general liability insurance coverage, in amounts not less than those set forth in ORS 30.270, with
the City of Ashland, its officers, employees and agents named as additional insured with respect
to the house moving operation.
SECTION 15.08.090 Damages to City Property.
The house mover shall reimburse the City for any and all damages to electric, water and sewer
utility facilities; streets, storm drains, signs, sidewalks, curbs and traffic signals; street lights and
appurtenances; bridges, trees and all other City-owned facilities.
SECTION 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, and shall be subject to the penalti1es set forth in
Section 1.08.020 of the Ashland Municipal Code. (Ord. 1810 (part), 1974; Drd. 1376 31, 1965;
Ord.2382 17, 1986)(Ord. 2410,1987).
Page 20 of 48
CHAPTER 15.10
FLOOD DAMAGE PREVENTION REGULATIONS
SECTIONs:
15.10.010 Purpose.
15.10.020 Statutory Authority.
15.10.030 Findings of Fact.
15.10.040 Methods of Reducing Flood Losses.
15.10.050 Definitions.
15.10.060 General Provisions.
15.10.070 Administration.
15.10.080 Provisions for Flood Hazard Protection.
15.10.090 Variances and Appeals.
15.10.100 Penalties.
SECTION 15.10.010 Purpose.
The purpose of this section is to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
A. Protect human life and health;
B. Minimize expenditure of public money on costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future flood blight areas;
G. Ensure that potential buyers are notified that property is in an area of special flood
hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
SECTION 15.10.020 Statutory Authority.
The Legislature of the State of Oregon has in Oregon Revised Statutes, Chapter 197, delegated
the responsibility to local governments to adopt comprehensive plans and land use regulations
designed to promote the public health, safety, and general welfare of its citizenry.
SECTION 15.10.030 Findings of Fact.
A. The flood hazard areas of Ashland are subject to periodic inundation which results in loss of
life and property, health and safety hazards, disruptions of commerce and governmental
Page 21 of 48
services, extraordinary public expenditures for flood protection and relief, and impairment of
the tax base, all of which adversely affect the public health, safety and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in are:as of special
flood hazards which increase flood heights and velocities, and when inadequatdy anchored,
damage uses in other areas. Uses that are inadequately flood-proofed, elevated, or otherwise
protected from flood damage also contribute to the flood loss.
SECTION 15.10.040 Methods of Reducing Flood Losses.
In order to accomplish its purpose, this section includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood
heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural flood plains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;
D. Controlling filling, grading, dredging, and other development which may increase flood
damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards outside of identified flood hazard
areas.
SECTION 15.10.050 Definitions.
Unless specifically defined below or elsewhere in this Code, words or phrases used in this
Chapter shall be interpreted as to give them the meaning they have in common usage and to give
this Chapter its most reasonable application.
A. Appeal means a request for a review of the Building Official's interpretation of any
provision of this Section or a request for a variance.
B. Area of Shallow Flooding means a designated AO or AH zone on the Flood Insurance
Rate Map. The base flood depths range from one (1) to three (3) feet; clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and,
velocity flow may be evident. AO is characterized as sheet flow and AH indicates
ponding.
C. Area of Special Flood Hazard means the land in the flood plain within a community
subject to a one percent (1%) or greater chance of flooding in any given year.
Designation on maps always includes the letters A or V.
D. Base Flood means the flood having a one percent (1 %) chance of being equaled or
exceeded in any given year. Also referred to as the "IOO-year flood". Designation on
flood maps always includes the letters A or V.
E. Development means any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations located within the area of special flood
hazard.
Page 22 of 48
F. Flood or Flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.
G. Flood Insurance Rate Map (FIRM) means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the
risk premium zones applicable to the community.
H. Flood Insurance Study means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary - Flood way Map, and
the water surface elevation of the base flood.
1. Flood-way means that channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one (1) foot.
J. Habitable Floor means any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for
storage purposes is not a "habitable" floor.
K. Lowest Floor means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area is not considered a building's
lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirements of this ordimmce found in
Section 15.1O.080(B)(I)(b).
L. Manufactured Home means a structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For flood plain management
purposes the term "manufactured home" also includes park trailers, travell trailers, and
other similar vehicles placed on a site for greater than one hundred eighty (180)
consecutive days. For insurance purposes the term. "manufactured home" does not
include park trailers, travel trailers, and other similar vehicles.
M. Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land
divided into two (2) or more manufactured home lots for rent or sale.
N. New Construction means structures for which the "start of construction" commenced on
or after the effective date of this Ordinance and includes new mobile home parks and
mobile home subdivisions.
O. Start of Construction includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, n~construction,
placement or other improvement was within one hundred eighty (180) days of the permit
date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of a slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of
a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a perman(mt basement,
footings, piers, or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory erection or temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or sheds not
Page 23 of 48
occupied as dwelling units or not part of the main structure.
P. Structures as it pertains to the provisions of this Chapter is a walled and roofed building,
including a gas or liquid storage tank that is principally above ground.
Q. Substantial Improvement means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market value of
the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred.
For the purpose of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external dimensions of
the structure. The term DOES NOT, however, include either:
a. Any project for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions, or
b. Any alteration of a structure listed on the National Register of Historic Places or a
State Inventory of Historic Places.
R. Variance means a grant of relief from the requirements of this Chapter which permits
construction in a manner that would otherwise be prohibited by this Chapter..
SECTION 15.10.060 General Provisions.
A. Lands to which this Chapter applies. This Chapter shall apply to all areas of special flood
hazards within the jurisdiction of the City of Ashland, Oregon.
B. Basis for establishing the areas of special flood hazard. The areas of special flood hazard
identified by the Federal Insurance Administration in a scientific and engineering report
entitled "The Flood Insurance Study: City of Ashland, Oregon, Jackson County", dated June
1, 1981, with accompanying Flood Insurance Maps is hereby adopted by reference and
declared to be a apart of this Ordinance. The Flood Insurance Study and accompanying maps
(as updated) are on file at City Hall, Ashland, Oregon.
C. Compliance. No structure on land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this Ordinance and other
applicable regulations.
D. Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this
Ordinance and another Ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application ofthis Chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit or repeal any other powers granted under state statutes.
F. Warning and Disclaimer of Liability. The degree of flood protection required by this
Chapter is considered reasonable for regulatory purposes and is based on scientific and
engineering consideration. Larger floods can and will occur on rare occa.sions. Flood
heights may be increased by man-made or natural causes. This section does not imply that
land outside the areas of special flood hazards or uses permitted within such areas will be
Page 24 of 48
free from flooding or flood damages. This Ordinance shall not create liability on the part of
the City, any officer or employee thereof, or the Federal Insurance Administration, for any
flood damages that result from reliance on this Ordinance or any administrative decision
lawfully made thereunder.
SECTION 15.10.070 Administration.
A. Establishment of Development Permit. A development permit shall be obtained before
construction or development begins within any area of special flood hazard t:stablished in
Section 15.1O.060(B). The permit shall be for all structures including manufactured homes,
as set forth in the Definitions, and for all other development including fill and other
activities, also set forth in Definitions.
Application for a development permit shall be made on forms furnished by the Building
Official and may include, but not be limited to, plans in duplicate drawn to scah: showing the
nature, location, dimensions and elevations of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures;
2. Elevation in relation to mean sea level to which any structure has been flood-proofed;
3. Certification by a registered professional engineer or architect that the flood-proofing
methods for any nonresidential structure meet the flood-proofing criteria in Section
15.10.090(B)(2);
4. Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development.
B. Designation ofthe Building Official. The Building Official is hereby appointed to administer
and implement this Chapter by granting or denying development permit applications in
accordance with its provisions.
C. Duties and Responsibilities of the Building Official. Duties and responsibilities of the
Building Official shall include, but not be limited to:
1. Permit Review:
a. Review all development permits to determine that the permit requirements of this
Section have been satisfied.
b. Review all development permits to determine that all necessary permits have been
obtained from those federal, state or local governmental agencies from which prior
approval is required.
c. Review all development permits to determine if the proposed development is located
in the flood way. If located in the flood way, assure that the encroachment provisions
of Section 15.10.080)C)(l) are met.
2. Use of Other Base Flood Data. When base flood elevation data has not been provided in
accordance with Section 15.10.060(B), "Basis for Establishing the Areas of Special Flood
Hazard", the Building Official shall obtain, review, and reasonably utilize any base flood
elevation and flood-way data available from a federal, state or other source, in order to
administer Sections 15.1O.080(B)(l) "Specific Standards: Residential Construction",
15.10.080 (B)(2) "Specific Standards: Nonresidential Construction, and 15.1 0.080(C)
Page 25 of 48
"Flood-ways" .
3. Information to be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood In~urance Study or
required as in Section 15.1O.070(C)(2), obtain and record the actual elevation (in
relation to mean sea level) of the lowest habitable floor (including basement) of all
new or substantially improved structures, and whether or not the structure contains a
basement.
b. For all new or substantially improved flood-proofed structures:
i. Verify and record the actual elevation (in relation to mean sea level); and
ii. Maintain the flood proofing certifications required in Section 15.1O.070(A)(3).
c. Maintain for public inspection all records pertaining to the provisions ofthis Section.
4. Alteration of Watercourses.
a. Notify adjacent communities and the Water Resources Commission prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to
the Federal Insurance Administration.
b. Require that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood carrying capacity is not diminished.
5. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact
location of the boundaries of the areas of special flood hazards (for example:, where there
appears to be a conflict between a mapped boundary and actual field conditions). The
person contesting the location of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in Section 15.10.090.
SECTION 15.10.080 Provisions for Flood Hazard Protection.
A. General Standards. In all areas of flood hazards the following standards are required:
1. Anchoring:
a. All new construction and substantial improvements shall be anchon:d to prevent
flotation, collapse or lateral movement of the structure;
b. All manufactured homes must likewise be anchored to prevent flotation, collapse, or
lateral movement, and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to., use of over-
the-top or frame ties to ground anchors (Reference FEMA's "Manufa.ctured Home
Installation in Flood Hazard Areas" guidebook.
2. Construction Materials and Methods:
a. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
c. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
3. Utilities:
a. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
Page 26 of 48
b. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the systems
into flood waters; and
c. On-site waste disposal systems shall be located to avoid impairment to them or
contamination for the during flooding.
4. Subdivision Proposals.
a. All subdivision proposals shall be consistent with the need to minimize flood damage;
b. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce exposure
to flood damage; and
d. Where base flood elevation data has not been provided or is not available from
another authoritative source it shall be generated for subdivision proposals and other
proposed development which contain at least fifty (50) lots or five (5) acres,
whichever is less.
5. Review of Building Permit:
a. Where elevation data is not available, either through the Flood Insurance Study or
from another authoritative source (Section 15.1O.070(C)) applications for building
permits shall be reviewed to assure that proposed construction will be reasonably safe
from flooding. The test of reasonableness is a local judgment and includes use of
historical data, high water marks, photographs of past flooding, etc., where available.
Failure to elevate at least two (2) feet above grade in these zones may result in higher
insurance rates.
b. To determine the flood base elevation, the applicant's Oregon registered engineer or
land surveyor shall investigate all available sources of information, such as historic
flooding profiles, high water marks, photographs of past flooding, soil characteristics,
or any other feasible methods. A report shall be submitted to the City by the
applicant, setting forth said elevation and citing the evidence upon which the estimate
is made. Said report may be accepted or rejected by the City. The Oregon registered
engineer or surveyor shall place a permanent elevation marker on the property.
B. Specific Standards. In all areas of special flood hazards where base flood elevation data has
been provided as set forth in Section 15.10. 060(B), "Basis for Establishing the Areas of
Special Flood Hazard", or Section 15.1O.070(C)(2), "Use of Other Base Flood Data, the
following provisions are required:
1. Residential Construction:
a. New construction and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated to at least two (2) feet or above base
flood elevation. Prior to the issuance of a certificate of occupancy by the City, the
property owner shall furnish certification by a registered engineer or surveyor of the
actual elevation ofthe lowest habitable floor, including a basement.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
or shall be designed to automatically equalize hydrostatic flood sources on exterior
walls by allowing for entry and exit of flood-waters. Designs for meeting this
requirement must either be certified by a registered professional engine'er or architect
or must meet or exceed the following minimum criteria:
Page 27 of 48
1. A minimum of two openings having a total net area of not less than one (1)
square inch for every square foot of enclosed area subject to flooding.
ii. The bottom of all openings shall be no higher than one (1) foot above grade.
iii. Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of flood-waters.
2. Nonresidential Construction: New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated to the level of the base flood elevation; or together with
attendant utility and sanitary facilities; shall:
a. Be flood-proofed so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
c. Be certified by an Oregon registered professional engineer or architect that the
designs and methods of construction are in accordance with accepted standards of
practice for meeting the provisions of this subsection based on their development
review of the structural design, specifications and plans. Such certifications shall
be provided to the official as set forth in Section
15.1 0.070(C)(3)(b).
d. Nonresidential structures that are elevated, not flood-proofed, must meet the same
standards for space below the lowest floor as described in 15.1O.080(B)(I)(b).
e. Applicants flood-proofing nonresidential buildings shall be notifil~d that flood
insurance premiums will be based on rates that are one (1) foot bellow the flood
proofed level (e.g., a building constructed to the base flood level will be rated as
one (1) foot below that level).
3. Manufactured Homes: All manufactured homes to be placed or substantially improved
within Zones AI-30, AH, and AE shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is at least two (2) feet above the base flood
elevation and be securely anchored to an adequately anchored foundation system in
accordance with the provisions of Section 15.1O.080(A)(I).
C. Flood-ways: Located within areas of special flood hazard established in Section
15.10.060(B) are areas designated as flood-ways. Since the flood-way is an extremely
hazardous area due to the velocity of flood waters which carry debris, potential projectiles,
and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial improvements, and
other development unless certification by a registered professional engineer or architect is
provided demonstrating that encroachments shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
2. If Section 15.1O.080(C)(1) above is satisfied, all new construction, and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Section 15.1 0.080, "Provisions for Flood Hazard Protection".
SECTION 15.10.090 Variances and Appeals.
A. Appeals shall be granted consistent with the standards of Section 1910.6 of the Rules and
Regulations of the National Flood Insurance Program (24 CFR 1909, etc.).
Page 28 of 48
B. The Board of Appeals established by Section 15.04.200 of this Chapter shall hear variances
and appeals from the final decisions of the Building Official.
C. In passing upon applications for appeal or variance, the Board of Appeals shall consider all
technical evaluations, all relevant factors, standards specified in other parts of this Code; and
1. The danger that materials may be swept onto other lands to the injury or loss of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage ,md the effect
of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
6. The compatibility of the proposed use with existing and anticipated development;
7. The consistency of the proposed use with the policies of the Comprehensive Plan and
flood plain management program for that area;
8. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
9. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters and effects of channel movement, if applicable, expected at the site; and
10. The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
D. Upon consideration of the factors of and the purpose of the Chapter, the Board of Appeals
may attach such conditions to the granting of variances as it deems necessary to further the
purposes of this Chapter.
E. The Building Official shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon approval.
F. Conditions for Variances:
1. Variances shall not be issued within any designated flood-way if any increase in flood
levels during the base flood discharge would result.
2. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
3. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship
for the applicant; and,
c. A determination that granting the variance will not result in increased tlood heights,
additional threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with existing laws or
Ordinances.
4. Any applicant to whom a variance is granted shall be given written notice that the cost of
flood insurance will be commensurate with any increased risk that may result from
development for which the variance is issued.
SECTION 15.10.100 Penalties.
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or
Page 29 of 48
causing the violation of any of the provisions of this ordinance has committed an infraction, and
upon conviction thereof, is punishable as prescribed in Section 1.08.020 of the Ashland
Municipal Code. Such person, firm or corporation is guilty of a separate violation for each and
every day during which any violation of this Chapter is committed or continued by such person,
firm or corporation. In addition, violation of this Ordinance shall constitute a public nuisance
and may be regarded as such in all actions, suits and proceedings. Said nuisance may be
prosecuted in the courts of the State of Oregon.
Page 30 of 48
CHAPTER 15.16
PLUMBING CODE
SECTIONs:
15.16.010 State law adopted.
15.16.020 Septic tanks.
15.16.030 Drainage system--Public sewer.
15.16.040 Privies--Cesspools.
15.16.050 Necessary connections.
15.16.060 Location of sewer and water lines.
15.16.070 Trench for house sewer.
15.16.080 Installation of house sewers.
15.16.090 Water Test.
15.16.100 Pipe testing.
15.16.120 Water closet bends.
15.16.130 Drainage lines--Sinks--Dishwashers.
15.16.140 Cleanouts.
15.16.150 Vent offsets.
15.16.160 Supports for piping.
15.16.170 Lawn sprinklers--Cross connections.
15.16.190 Water supply--Sizing of residential piping.
15.16.200 Gas pipe installations.
15.16.220 Plumbing and sewer business license--Required--Issuance.
15.16.240 Permits-Fees.
15.16.250 Compliance with plumbing law.
15.16.260 Notification of inspector.
15.16.300 Plumbing provisions violation--Notice.
15.16.310 Control of construction.
15.16.320 Plumbing license--Suspension.
15.16.330 Hearing--Appeal.
15.16.340 Penalty.
15.16.350 Liability.
15.16.360 Exemptions.
15.16.370 Labor by owner.
SECTION 15.16.010 State law adopted.
Oregon Revised Statutes 447.010, 447.020, 447.030, 447.033, 447.035, 447.040, 447.050,
447.060,447.110,447.120,447.130 and 447.140 and Articles I to XIII, inclusive, of Regulations
Governing Plumbing and Water Supply and Distribution, adopted by the State Board of Health
and on file with the Secretary of State, are adopted by reference in this code. All acts declared
unlawful by the sections of Oregon Revised Statutes and by the regulations of the State Board of
Health enumerated in this section shall be considered offenses against the City when committed
within its boundaries. If a provision of the incorporated statutes or regulations conflicts with a
specific provision of this chapter, then the provisions containing the most restrictiv,e requirement
shall prevail. (Ord. 1376 SI, 1965).
Page 31 of48
SECTION 15.16.020 Septic tanks.
Where connection to a public sewer cannot be made, a septic tank and drain field shall be
installed in accordance with Regulations Governing Sewage and Waste Disposal of the State
Board of Health, as now or hereafter amended. (Ord. 1376 S2, 1965)
SECTION 15.16.030 Drainage system--Public sewer.
It is unlawful for any person to deposit by any means whatsoever into any plumbing fixture,
floor drain, sand trap, sump, receptacle or device which is connected to any drainage system,
public sewer, private sewer, septic tank or cesspool, any garbage, fruit or vegetable paring, ashes,
cinders, solids, rags, inflammable, poisonous or explosive liquids or gases, live steam, oil,
grease, or any other substance whatsoever which would or could cause damage to the drainage
system or public sewer. This section shall not be construed to prohibit the use of domestic
garbage disposal equipment. (Ord. 1376 S3, 1965)
SECTION 15.16.040 Privies--Cesspools.
Except as provided under Section 2, Article II, of Regulations of the State Board of Health
Governing Plumbing and Water Supply, as incorporated in this code by Section 15.16.010, no
person shall construct, install, or maintain a privy, outhouse, or cesspool within the city. (Ord.
1376 S4, 1965)
SECTION 15.16.050 Necessary connections.
Within time specified by the plumbing inspector, but not to exceed one (1) year aftt~r notice from
the plumbing inspector, the owner or person having legal control of any building or premises
within City the shall connect the building or premises with the sanitary sewer if available, or to a
septic tank if the sewer is not available. Such connections shall provide outlets for all water
closets, wash stands, slop stands, sinks, and any other equipment and devices for the disposal of
sewage and drainage from the building or premises. (Ord. 1376 S5, 1965)
SECTION 15.16.060 Location of sewer and water lines.
Sewer and water lines shall not be laid in the same trench, unless both of the following
conditions exist:
A. The bottom of the water pipe at all points shall be at least twelve (12) inches above the
top of the sewer line.
B. The water pipe shall be placed on a solid shelf excavated at one side of the common
trench. (Ord. 1702 Sl, 1971; Ord. 1376 S6, 1965; Ord. 2088 S3, 1980)
SECTION 15.16.070 Trench for house sewer.
A house sewer shall be installed in a trench per Section 1006 of the State Plumbing Code (Ord.
Page 32 of 48
1376 S7, 1965; Ord. 2088 S4, 1980)
SECTION 15.16.080 Installation of house sewers.
That part of the horizontal piping of the drainage system beginning five (5)two (2) feet outside
the structure, for the purpose of receiving discharge of the house drain and conveying the same
to the public or private sewer, or septic tank, is the house sewer. House sewers must be installed
by the owner of the premises or by a journeyman plumber or licensed sewer contractor, and must
be constructed by either cast iron pipe, vitrified clay pipe, transit pipe, rubber gasket concrete
pipe, bell and spigot cement pipe, or plastic pipe approved by the State Board of Health and the
Director of Building Safety. At or near the point of beginning of a house sewer there shall be
installed a cleanout which shall be located above or at the surface of the ground. Other cleanouts
to grade shall be installed at one hundred (100) foot intervals. No floor drains or other drains for
surface or seepage water shall be connected to sanitary sewers, except by consent of the City
Engineer (Director of Public Works), when it has been determined there is no other practical
means of disposing of the storm water. (Ord. 1702 ssl and 2, 1971; Ord. 1376 S8, 1965; Ord.
2088 S5, 1980)
SECTION 15.16.090 Water Test.
A. Except for a house sewer or alteration work, every soil waste or drainage system shall receive
a water test in the presence of the plumbing inspector. The test shall apply to the entire
system, or upon approval of the plumbing inspector, as provided in subsection B of this
Section. If the test applies to the entire system, all openings, except the highest opening
above the roof or other highest point, shall be tightly closed and the system filll~d with water
to the point of overflow. Whether in sections or in entirety, all dead ends shall be relieved of
air during the process of filling.
B. In multiple story buildings or buildings covering a large ground area, the system, upon
approval of the plumbing inspector, may be tested in sections. If the system is tested in
sections, each opening shall be closed, except for the highest opening under test, but no
section shall be subjected to less than the pressure of a five (5) foot head of water. The
pressure shall be maintained for at least fifteen (15) minutes. If air pressure is applied it shall
be pressure of five (5) pounds per square inch.
C. The person installing the soil waste or drainage system shall give notice to the plumbing
inspector when the system is completed and ready for testing. Not later than the end of the
next business day following the day on which the notice is received, the plumbing inspector
shall make the inspection required in subsections A and B of this section. Failure of the
inspector to appear for the test within the prescribed time constitutes a waiver thereof. (Ord.
1376 S9, 1965; Ord. 2088 S6, 1980)
SECTION 15.16.100 Pipe testing.
A. Testing of all piping, waste, water or gas, shall be completed before laying any sub-floor.
The following procedure shall be followed:
1. Waste, Drain and Vent Piping. Fill with water to elevation required and if leaks are
noted, they shall all be caulked or faulty fittings replaced prior to the arrival of inspector.
Page 33 of 48
(Ord. 2088 S7, 1980)
2. Water Piping. Normal water main pressure at the particular structure applied and its
leaks are indicated by a drop in pressure, joints tightened or faulty fittings replaced prior
to arrival of inspector.
3. Gas Piping. Same procedure as for water piping, test ten (10), psi air pressure for fifteen
(15) minutes. (Ord. 2088 S7, 1980)
B. If the above steps have not been taken before the inspector arrives the inspector will not be
required to wait, but will return the following work day. (Ord. 1461 (part), 1966; Ord. 1376
SlO,1965)
SECTION 15.16.120 Water closet bends.
All water closet bends shall be anchored to the bottom of the floor, or to blocking in contact with
the floor, so that no movement of the closet bend, in any direction, is possible. (Ord. 1702 S4,
1971,Ord. 1569 (part), 1968; Ord. 1376 SILl, 1965)
SECTION 15.16.130 Drainage lines--Sinks--Dishwashers.
A. All drainage lines for sinks shall be two (2) inches in diameter. (Ord.2088 S7, 1980)
B. The waste line from a pump-type dishwasher shall, at a high point, touch the bottom of the
counter top, and shall be anchored securely thereto. The dishwasher waste shall be
connected to a waste fitting above the sink trap, or to a separate trap. The Dishwasher waste
may be connected to a garbage disposal or trap serving a garbage disposal. (Ord. 1702 S5,
1971; Ord. 1461 (part), 1966; Ord. 1376 S12, 1965; Ord. 2088 S8, 1980)
SECTION 15.16.140 Cleanouts.
A run of horizontal waste pipe shall be provided with a cleanout, and the run of piping which is
more than one hundred feet (100') in length shall be provided with a cleanout for each one
hundred feet (100') of length or fraction thereof. A change in direction of horizontal piping shall
have a cleanout if the change is over one hundred thirty-five (135) degrees. Every deanout shall
be installed to open in the direction opposite to the flow of the soil or waste or at right angles
thereto, and shall be so installed that there is clearance of not less than eighteen (18) inches in
front of the cleanout and in a position making the cleanout readily accessible. Cleanouts shall be
placed in every horizontal drainage system including upper end of four (4) inch horizontal soil
pipe. Cleanout fittings shall be of the same nominal size as the pipes they serve, up to and
including four (4) inch pipe, and not less than four (4) inch for large pipes. There shall be
installed an accessible cleanout on sink wastes. (Ord. 1376 S13, 1965; Ord. 2088 S9, 1980)
SECTION 15.16.150 Vent offsets.
Whenever a vent has a horizontal offset, the height of the offsets shall be as nearly forty (40) to
forty-two (42) inches above the floor as possible and in no case shall it be less than six (6) inches
above the rim of the fixture. (Ord. 1376 S14, 1965)
Page 34 of 48
SECTION 15.16.160 Supports for piping.
In buildings more than two (2) stories in height, stacks shall be secured at each floor with metal
floor clamps or other methods approved under state law. Hot and cold water pipe within the
building shall be secured at proper grade with hangers of perforated straps spaced not more than
ten (10) feet apart, or some other approved method. For soil pipe, heavy hanger iron spaced not
more than four ~4) feet on centers. (Ord. 2088 S 1 0, 1980)
SECTION 15.16.170 Lawn sprinklers--Cross connections.
A. Lawn Sprinklers. When a lawn sprinkling system is connected to a domestic or water supply
there shall be a valve placed so it will shut off the entire sprinkler system and a vacuum
breaker placed between this valve and the discharge side of the line.
B. Cross Connections. No cross connection as between the City water system and such other
sources of water supply as Talent Irrigation District, private wells or springs, shall be
allowed. (Ord. 1376 S16, 1965)
SECTION 15.16.190 Water supply--Sizing of residential piping.
A. Sizing of House Pipes and Laterals.
1. When no landscaped area or lawn or garden is to be maintained in conjunction with a
single or two (2) family residence, piping size may be reduced one (1) nominal size
except that the minimum size in all cases shall be a three-quarter (3/4) inch house pipe
and one-half (~) inch laterals.
2. Pressure regulating valves shall be installed, if City water pressure exceeds ninety (90)
psi. The valve will be installed inside the foundation, if the house has a crawl space. If
the valve must be installed outside, it must be enclosed in a casing which is large enough
to allow servicing. (Ord. 2088 S 11, 1980)
B: All piping installed under concrete slabs or concrete floors or through or under concrete
footings shall be threaded pipe wrapped with approved plastic wrap or painted two (2) coats
with an approved asphaltic paint, or approved copper pipe with joints soldered with silver
solder and protected as above where passing through concrete.
C. All copper water pipe shall be type L or type K.
D. Not more than one (1) dwelling unit and/or building shall be connected to a water meter,
except for approved apartment complexes and dwelling groups. A dwelling group is defined
in Section 15.16.080. (Ord. 1702 S7, 1971; Ord. 1461 (part), 1966; Ord. 1376 S17, 1965)
SECTION 15.1(..200 Cas pipe iBstallatioBs.
1\.11 gas pipe and fittings shall be black steel, pipe in AS.^.. B36.1 0 1950. Exception: Connectors
Page 35 of 48
may be used as specified in the Uniform Building Code, 1991 Edition. (Ord. 1161 (part), 1966;
Ord. 1376817.1,1965; OId. 2088 812, 1980; OId. 2712, 86,1993)
SECTION 15.16.220 Plumbing and sewer business license--Required--Issuance"
A. No person shall engage in the business of plumbing without a valid business license issued
by the City Recorder as provided in this Section. Upon presentation of a valid state master
plumber's certificate the City Recorder shall issue the license. Neither shall any person
engage in actual plumbing work without a valid state journeyman's license vt;~rified by the
City Recorder. Where two (2) or more persons are engaged in a plumbing business as
partners, the license shall be issued in the name of the partnership. Any member of the firm
or partnership may qualify for the firm or partnership. A person or firm applying for a
license must file with the City Recorder the master plumber's certificate of the state and must
have a permanent place of business. When a licensed plumber or the membe:r of the firm
retires from business or dissolved the partnership, the license shall terminate and no other
license shall be issued to the plumber or the firm until the plumber or some member of the
firm has been licensed by the City Recorder.
B. Sewer contractors shall be licensed by the City under the same regulations as plumbing
contractors. Upon presentation of a valid state sewer contractor's license, the City Recorder
shall issue a business license. (Ord. 1376 S19, 1965; Ord. 2088 S13, 1980)
SECTION 15.16.240 Permits-Fees.
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)
SECTION 15.16.250 Compliance with plumbing law.
No person with a permit to do plumbing work shall do the work in a manner other than that set
forth in the application for a permit, or contrary to the provisions in this Chapter. All work done
pursuant to permit taken out shall be done in a good and workmanlike manner. (Ord. 1376 S22,
1965)
SECTION 15.16.260 Notification of inspector.
The plumbing inspector or the building department shall be notified before all new work or
remodeled work is covered from view. (Ord. 1376 S23, 1965)
SECTION 15.16.300 Plumbing provisions violation--Notice.
When a licensed plumber or employee of a licensed plumber or a member or employee of a
licensed plumbing partnership commits a violation of this chapter, the Building Inspection
Superintendent shall cause written notice of the violation to be personally served upon the
Page 36 of 48
licensee or upon any member of the licensed partnership which requires the licensee to correct
the violation within ten (10) days after the notice is given. (Ord. 1376 S27, 1965)
SECTION 15.16.310 Control of construction.
Whenever work is being done contrary to the permit or to the requirements of this chapter, the
Building Inspection Superintendent or Plumbing Inspector is empowered to stop further work
until the violation is corrected. (Ord. 1376 S28, 1965)
SECTION 15.16.320 Plumbing license--Suspension.
The licensee shall comply with the notice prescribed in Section 15.16.300. If the licensee does
not correct the alleged violation within the period prescribed in Section 15.16.300, the Building
Inspection Superintendent may rescind or suspend the license of the licensee subject to a review
of the Board of Appeals (if activated). No person or partnership shall conduc1t a plumbing
business or perform any plumbing work while their license is suspended. For the purposes of
this section the term "proved violation" means any violation specified in the Building Inspection
Superintendent's notice on which no appeal is taken within the ten (10) day correction or appeal
period, or by the City court in prosecution, therefore, to be supported and proved by the
evidence. (Ord. 1376 S29, 1965)
SECTION 15.1().330 Hearing ""--ppeal.
f...ny licensee recei'/ing a '/iolation notice Uflder the terms of Section 15.16.300, may appeal the
claimed violation to the Board of f...ppeals (if activated). No appellant or person interested in the
business of an appellant shall sit as a member of the Board of f...ppeals in determination of the
issues presented by the appeal of the appellant, and, in this eyent, the interested member of the
Board shall disqualify himself and the remaining members of the Board shall appoint a person to
act as a member lli:Q!Qm, 'tvhich person has the qualifications required for a member of the Board
in the first instance. The finding or recommendation of the Board as to the existence of a
violation is binding lipon the Building Inspection Superintendent, but the ql:lestion of whether or
not to suspend the license is within the sole discretion of the Superintendent acting upon the
decision of the Board of Appeals. In the eyent no Board of Plmnbing f...ppeals is actiyated, the
Council may sit as the "^...ppeals Board. (Ord. 1376 S30, 1965)
SECTION 15.16.340 Penalty.
Any person refusing or neglecting to comply with the requirements of this chapter or violating
any provisions therein is, upon conviction, punishable as prescribed in Section 1.0.8.020. (Ord.
1810 (part), 1974; Ord. 1376 S31, 1965; Ord. 2382 S17, 1986)
SECTION 15.16.350 Liability.
Any person violating any of the provisions of this chapter is, in addition to the penalties
described in Section 15.16.340, liable to the City for any expense, loss or damage occasioned the
Page 37 of 48
City by reason of such violation. (Ord. 1376 S32, 1965)
SECTION 15.16.360 Exemptions.
Railroad, electric or communications public utilities are exempt from the permit requirements of
this chapter for plumbing work performed or installations made in the exercise of their function
as utilities when located outdoors or in buildings used exclusively for that purpose. (Ord. 1569
(part), 1968; Ord. 1376 S33, 1965; Ord. 2712, S7, 1993)
SECTION 15.16.370 Labor by owner.
Nothing in this chapter shall prohibit any person from doing plumbing work in a single family
dwelling used exclusively for living purposes, including the usual accessory buildings, where
such person holds title to or is the land sale contract purchaser of such property, and where such
person occupies said premises, and where such person purchases all material and personally
performs all labor in connection therewith. Nothing herein shall be construed to excuse such
person from complying with any of the construction standards required by this code. The
statement required by ORS 701.055(4) shall be submitted on a State of Oregon Construction
Contractors Board form prior to installation under this provision. (Ord. 1376 S34, 1965; Ord.
2712,S8,1993)
Page 38 of 48
CHAPTER 15.20
ELECTRICAL CODE
SECTIONs:
15.20.010 Purpose.
15.20.020 Code Adoption.
15.20.030 Powers and Duties of Building Official.
15.20.040 Fee Schedule.
15.20.050 Permit format.
15.20.060 Electrical permits generally.
15.20.070 Minor Electrical Installation Label.
15.20.080 Inspections Required.
15.20.090 Violation--Penalty.
SECTION 15.20.010 Purpose.
The purpose of this chapter is to establish a municipal electrical program by the City of Ashland
for the administration and enforcement of the State of Oregon Electrical Sp(~cialty Code.
Pursuant to ORS 479.855, such administration and enforcement may to delegated by the State to
the City provided certain minimum standards are met.
SECTION 15.20.020 Code Adoption.
Adopted as a part of this chapter and further referred to in this chapter as "the electrical code" are
the following:
A. The Electrical Specialty Code as defined in Oregon Administrative Rule 918-290-010,
-:B The electrical code requirements for Dwellings under the Oregon Residential Specialty
Code and in OAR 918, Division 480.
SECTION 15.20.030 Powers and Duties of Building Official.
The Building Official is authorized and directed to enforce all the provisions of the electrical
code.
SECTION 15.20.040 Fee Schedule.
The fee schedule for electrical shall be established by resolution of the city council as the fee
schedule for the City in the administration of the electrical code.
(Ord 2896, Amended, 06/0312003)
SECTION 15.20.050 Permit format.
The permit format established in OAR 918-260-031 is adopted as the permit format for the City
is the administration of the electrical code.
Page 39 of 48
SECTION 15.20.060 Electrical permits generally.
Permits shall be issued in compliance with ORS 479.560 and OAR 918-301-060.
SECTION 15.20.080 Inspections Required.
Inspections shall be called for and made as provided in the electric code and OAR 918-302-010
to 918-302-040. The general contractor will notify the Building Official whl:::ll ready for
inspections as listed on the inspection card. Inspections will be made within 4:8 hours after
notification, Saturdays, Sundays and Holidays excepted.
SECTION 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.
Page 40 of 48
CHAPTER 15.24
UNDERGROUND ELECTRICAL SERVICE
SECTIONs:
15.24.010 Residential Service Authorized.
15.24.020 Contract--Required.
15.24.030 Contract--Form.
15.24.040 Denial of Obligation.
SECTION 15.24.010 Residential Service Authorized.
Underground electric service may be provided by the Electrical Department of the City to service
residential lots within the City if determined feasible by the Electric Superintendent with the
approval ofthe City Council. (Ord. 1392 S 1, 1965)
SECTION 15.24.020 Contract--Required.
Such service will be provided upon contract with the adjoining property owners, the form of
which shall receive prior approval of the City Council. Said contract shall provide for the
amount or proportion of cost to be paid by the adjoining property owners. (Ord. 1392 S2, 1965)
SECTION 15.24.030 Contract--Form.
A copy of the contract form approved as of the date of the ordinance codified in this Chapter is
on file in the office of the City Recorder, and by this reference made a part thereof; provided,
however, that said form may be revised at any time hereafter upon approval of the City Council.
(Ord. 1392 S3, 1965)
SECTION 15.24.040 Denial of Obligation.
The City shall under no circumstances be compelled to furnish such underground electrical
distribution service, but shall, within its sole discretion, determine the financial feasibility of the
installation of such service. (Ord. 1392 S4, 1965)
Page 41 of 48
CHAPTER 15.28
FIRE PREVENTION CODE
SECTIONs:
15.28.010 Adoption Of Uniform Fire Code And Uniform Fire Code Standards.
15.28.020 Establishment of Duties.
15.28.030 Definitions.
15.28.040 Above-ground Storage of Flammable or Combustible Liquids.
15.28.050 Storage of Liquified Petroleum Gases - Restricted.
15.28.060 Storage of Explosives - Prohibited.
15.28.070 Amendments to the Uniform Fire Code
15.28.080 Appeals.
15.28.090 New Materials, Processes, or Occupancies - Permits Required.
15.28.100 Penalties.
15.28.110 Severability.
15.28.120 Firefighting Outside City - Authorized.
15.28.130 Firefighting Outside City - Resources.
15.28.140 Firefighting Outside City - Assessment.
SECTION 15.28.010 Adoption Of Uniform Fire Code And Uniform Fire Code Standards.
One copy of this code and appendices shall be filed in the office of the City Recorder. The
Oregon Uniform Fire Code and all appendices adopted in this section will be referred to in the
Ashland Municipal Code as the Uniform Fire Code. (ORD 2827,81 1998)
SECTION 15.28.020 Establishment of Duties.
A. The Uniform Fire Code shall be enforced by the Fire Department of the City of Ashland
which shall be operated under the supervision of the Chief of the Fire Department.
B. The Fire Chief may detail such members of the Fire Department as inspectors as shall from
time to time be necessary. The Fire Chief shall recommend to the City Administrator the
employment of technical inspectors who, when such authorization is made, shall be selected
through an examination to determine their fitness for the position. The examination shall be
open to members and nonmembers of the Fire Department, and appointments made after
examination shall be for an indefinite term with removal for cause.
SECTION 15.28.030 Definitions.
A. Wherever the word "jurisdiction" is used in the Uniform Fire Code, it is the City of Ashland.
Wherever the words "Chief of the Bureau of Fire Prevention" are used, they shall mean "Fire
Marshal." Wherever the words "Bureau of Fire Prevention" are used, they shall mean "Fire
Department. "
Page 42 of 48
SECTION 15.28.040 Above-ground Storage of Flammable or Combustible Liquids.
The limits referred to in Section 7902.2.2.1 of the Uniform Fire Code in which the storage of
flammable or combustible liquids is restricted are established as follows: All City of Ashland
residential and historical district areas as defined in the Comprehensive Plan. (Ord. 2785, 1996)
SECTION 15.28.050 Storage of Liquified Petroleum Gases - Restricted.
The limits referred to in Section 8204.2 of the Uniform Fire Code, in which storage of liquefied
petroleum gas is restricted, are established as follows: All City of Ashland residential and
historical district areas as defined in the Comprehensive Plan. (Ord. 2785, 1996; Ord 2827, S2
1998)
SECTION 15.28.060 Storage of Explosives - Prohibited.
The limits referred to in Appendix VI-E of the Uniform Fire Code, in which storage of
explosives and blasting agents is prohibited, are established as follows: All areas within City of
Ashland limits.
SECTION 15.28.070 Amendments to the Uniform Fire Code
The Uniform Fire Code is amended in the following respects:
A. Section 903.2: Delete entire section and replace with the following: Distances to an
approved water supply may be increased, as approved by the chief, when the structure to
be protected has an approved automatic fire sprinkler system.
B. Sections 7902.1.7 through 7902.1.7.4.2 are deleted in their entirety.
C. Appendix III-A, section 5.1: Replace the entire section as follows: "Notwithstanding the
requirements in Appendix III-A of the Oregon Uniform Fire Code, within the City of
Ashland the minimum fire flow and flow duration requirements for one and two-family
dwellings having a fire area which does not exceed 3,600 square feet shall be 750 gallons
per minute. Fire flow and flow duration for one and two-family dwellings having a fire
area in excess of 3,600 square feet shall not be less than that specified in Table No.
A-III-A-1. "
"EXCEPTIONS":
1. A reduction in required fire flow of 50 percent, as approved by the chil~f, is allowed
when the building is provided with an approved automatic fire sprinkler system.
2. One and two-family dwellings in excess of 3,600 square feet, when equipped with an
approved automatic sprinkler system, may have a minimum flow of at least 375
gallons per minute.
3. Additions or remodels to dwellings after the date this provision is adopted shall be
permitted unless the addition or remodel creates a new dwelling unit or the dwelling
and the addition have a fire area in excess of 3,600 square feet.
D. Section 902.2.2.4 Dead Ends: Change 150 feet in length to 250 feet in length.
E. Sections 902.2.2.2 and 902.2.2.5: Replace entire sections as follows: Fire apparatus
access roads and bridges shall be designed and maintained to support up to 44,000 Ibs.
gross vehicle weight and shall be provided with a surface so as to provide all-weather
Page 43 of 48
driving capabilities. (Ord 2827, S3 1998)
F. Section 1102.1 through 1102.2.5: Delete in its entirety.
G. Section 11 02.3.1: Replace the first sentence as follows: Permission to burn shall be in
accordance with Ashland Municipal Code chapter 10.30.
H. Section 7701.1: Notwithstanding the exceptions listed in this section, the sale of DOT
classification lAG (Class C common fireworks) is prohibited within the City of Ashland.
The use of common fireworks within the City of Ashland is prohibited during any
declared fire season except when the sale of fireworks is permitted within the State of
Oregon pursuant to ORS 480.127 (June 22 to July 6 of each year). (Ord 2871,2001; Ord
2876,2002)
I. Appendix III-C, section 1: Replace entire section as follows:
Inspection, testing and maintenance of water-based fire protections systems regulated
herein shall be conducted annually, in accordance with Standard A-III-C-1, or when an
inspection by the chief indicates that there is reason to believe that the systl~m or device
would fail to operate properly in an emergency. Before any existing fire detl~ction and/or
suppression system is removed, the chief shall be notified.(Ord. 2785, 1996; Ord 2827,
S3 1998)
(Ord 2876, Amended, 09/04/2001; Ord 2871, Amended, 08/07/2001)
SECTION 15.28.080 Appeals.
Whenever the Chief disapproves an application or refuses to grant a permit applied for, or when
it is claimed that the provisions of the code do not apply or that the true intent and meaning of
the code have been misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the Chief to the Ashland Appeals Board within 30 days from the date of the decision
appealed.
SECTION 15.28.090 New Materials, Processes, or Occupancies - Permits Required.
The Building Official, the Chief and the Fire Marshal shall act as a committee to determine and
specify, after giving affected persons an opportunity to be heard, any new materials" processes or
occupancies for which permits are required in addition to those now enumerated in the Oregon
Uniform Fire code. The Building Official, in accordance with section 104.2.7 of the Uniform
Building Code, shall record and enter in the files of the building department any action granting
approval of new or alternate materials. (Ord 2827, S4 1998)
SECTION 15.28.100 Penalties.
A. Any person who violates any of the provisions of this chapter, the Uniform Fire Code or
Uniform Fire Code Standards as adopted in this chapter or who shall violate or fail to
comply with any order made thereunder, or who shall build in violation of any detailed
statement of specifications or plans submitted and approved thereunder, or any certificate or
permit issued thereunder, and from which no appeal has been taken, or who shall fail to
comply with such an order as affirmed or modified by the Ashland Appeals Board or by a
court of competent jurisdiction, within the time fixed herein, shall severally for each and
Page 44 of 48
every such violation and noncompliance, respectively, be guilty of a violation punishable by
a fine as set forth in Ashland Municipal Code, Section 1.08.020. The imposition of one
penalty for any violation shall not excuse the violation or permit it to continue: and all such
persons shall be required to correct or remedy such violations or defects within a reasonable
time; and when not otherwise specified, each ten days that prohibited conditions are
maintained shall constitute a separate offense.
B. The application of the above penalty shall not be held to prevent the enforced removal of
prohibited conditions.
SECTION 15.28.110 Severability.
Should any section, paragraph, sentence or word of this ordinance or of the Code or Standards
hereby adopted be declared for any reason to be invalid, it is the intent of The City of Ashland
that it would have passed all other portions of this ordinance independent of the elimination here
from of any such portion as may be declared invalid.
SECTION 15.28.120 Firefighting Outside City - Authorized.
In accord with ORS 476.290, the Fire Chief or representative is authorized to extinguish
uncontrolled fires that are found to be burning in unprotected areas situated outside the
boundaries of the City and that are causing or may cause an undue jeopardy to life or property if,
in the opinion of the Fire Chief or representative, such fire is causing or may cause an undue
jeopardy to life or property. (Ord. 1698 SI, 1971)
SECTION 15.28.130 Firefighting Outside City - Resources.
In extinguishing a fire pursuant to Section 15.28.120, the Fire Chief or representative may
employ the same means and resources used by them to extinguish similar fires within the City.
(Ord. 1698 S2, 1971)
SECTION 15.28.140 Firefighting Outside City - Assessment.
Whenever a fire is extinguished or attempted to be extinguished by the fire department outside
the City of Ashland, the owner of the property involved in such fire shall pay for the cost of
providing such fire suppression service, as follows:
A. For the first hour or fraction thereof:
1. Pumper apparatus - $250.00/hour
2. Brush apparatus - $100.00/hour
3. Rescue standby - $100.00/hour
4. Staff vehicle - $ 50.00/hour
For each piece of apparatus per hour following the first hour, payment shall be on a fractional
basis to the nearest 15 minutes.
B. Personnel cost shall be actual cost with a minimum charge of one hour for each person
Page 45 of 48
responding to the fire emergency, plus all personnel costs in excess of regular time for
each person performing standby services in place of those who respond, to be billed on a
fractional basis to the nearest fifteen minutes after the first hour for any fractional
portions of hours of service. (Ord. 2711, 1993)
Page 46 of 48
CHAPTER 15.36
NUMBERING OF BUILDINGS
SECTIONs:
15.36.010 N umbering-- Required--Generally.
15.36.020 Numbering--Placement.
15.36.030 Frontage allowed.
15.36.040 Numbering--Required--Time Limit.
SECTION 15.36.010 Numbering--Required--Generally.
All entrances from the public streets of the City to buildings shall be numbered as provided in
this chapter. Numbers and letters shall meet all applicable signage requirements of Chapter 31 of
the Oregon Structural Specialty Code. (Ord. 331 Sl, 1907; Ord. 2712, S9, 1993)
SECTION 15.36.020 Numbering--Placement.
A. In all cases where a building is located on or back of the property line of the street on which
the building fronts, the numbers may be placed either at the side of the main entrance of said
buildings, over said main entrance, upon the porch or piazza, or said numbers may be placed
over or at the side of the gateway of said property, or upon any steps or other structure near
and back of the property line thereof, in such a manner that the same may be plainly seen
from the street in front of said property.
B. Whenever houses are located back of the property line, said numbers shall be placed and
maintained in such a manner that the same will not be hidden from view from the street by
any trees, bushes, shrubs or other obstructions. (Ord. 331 S2, 1907)
SECTION 15.36.030 Frontage allowed.
A. Twelve and one-half (12 ~) feet frontage of all lots shall be allowed for each number only on
such streets where so specified. The City Recorder shall assign the numbers on either side of
the street as designated on the official map of the City, the consecutive even and uneven
numbers being opposite each other as far as practicable and shall furnish information on
application of the number controlled by each lot.
B. Said numbers shall be at least two (2) inches in height and of corresponding width. (Ord. 331
S3, 1907)
SECTION 15.36.040 Numbering--Required--Time Limit.
All owners, agents, occupants, lessees, tenants and subtenants of buildings which may hereafter
be erected, who have not provided such buildings with the proper numbers on or before fifteen
(15) days after the completion of said buildings shall be subject to notification to do so in
writing, at anytime, by the City Engineer and if, within fifteen (15) days from he date of said
notice, they neglect or refuse to do so, they are guilty of a misdemeanor and, upon conviction
thereof are punishable as prescribed in section 1.08.010 (Ord. 1810 (part) 1974; Ord. 331 S4,
Page 47 of 48
1907)
The foregoing ordinance was first read by title only in accordance with Article X, Se:ction 2(C)
ofthe City Charter on the 4 day of P--?r-\ t
and duly PASSED and ADOPTED this If day of ~
, 2006,
, 2006.
~
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of d;ud /J6
,2006.
Reviewed as to form:
,
()\('{\~
W. MorriSOr' Mayor
Page 48 of 48