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HomeMy WebLinkAbout3043 Building & Structural Codes ORDINANCE NO. ~()lt3 ORDINANCE RELATING TO ADOPTING NEW BUILDING AND STRUCTURAL CODES, AMENDING AMC CHAPTER 15 BUILDING CODES, AND REPEALING AMC 15.04.180,15.08.020,15.08.040,15.08.050, 15.08.060, 15.08.070, 15.16.020 THROUGH 15.16.220, 15.16.250 THROUGH 15.16.320, AND 15.16.360 THROUGH 15.16.370 Annotated to show deletions and additions to the code sections being modified. Deletions are bold lifted through and additions are bold underlined. WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293. 531 P 2d 730, 734 (1975); WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City ordinance violations consistent with Oregon Statutes; WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless otherwise specified; this Chapter is being amended to specify classifications where appropriate; WHEREAS, AMC Chapter 15 is also being amended to update references to State of Oregon Building Codes and to remove unnecessary materials; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.04.010 [Code Adoption] is hereby amended to read as follows: 15,04,010 Code Adoption A. The following codes are adopted as a part of this chapter and are further referred to in this title as "the specialty codes". u Page I of8 L ;wG4-201O Oregon Structural Specialty Code as defined in Oregon Administrative Rule 918-460-!!0 I 0, and includin!!: AllIlendices J. G, and L. 2. ;WW 2009 Oregon Plumbing Specialty Code as defined in Oregon Administrative Rule 918-750-0110. 3. ~ 2010 Oregon Mechanical Specialty Code as defined in Oregon Administrative Rule 918-440-!!010. 4. ~ 2008 Oregon Residential Specialty Code as defined in Oregon Administrative Rule 918-480-0010. 5. ~ 2008 Oregon Electrical Specialty Code as defined in Oregon Administrative Rule 918-305-0100, 918290 010. 6. 2010 Ore!!:on Enerl!V Efficiencv Specialty Code as defined in Oregon Administrative Rules 918-460-!!500 through 91 8-460-!!5 I O. B. The following codes are adopted as a part of this chapter except those portions of these codes which conflict with or overlap the specialty codes. I. ;WW 2009 International Existing Building Code as published by the International Code Council, a copy of which is on file with the Building Official. 2, Appendix G of the 2010 Ore!!:on Structural Specialty Code, except when in conflict with a provision of the Ashland Municipal Code, 3, Appendix J ofthe 2010 Ore!!:on Structural Specialty Code. 4, Appendix L of the 2010 Ore!!:on Structural Specialty Code, except when in conflict with a provision of the Ashland Municipal Code, 2, Appendix J of the 2003 Internlltionlll Building Code llS published by the Internlltionlll Code Couneil, II eOllY of which is on file with the Building Offieilll. SECTION 2, Section 15.04.030 [Building Official Designated] is hereby amended to read as follows: 15,04,030 Building Official Designated The City Administrator shall designate a City employee to carry out the functions and duties of the Building Official as described in the Oregon 1990 2001 Structural Specialty Code, unless such individual is a department head, in which case such designation shall be by the Mayor with confirmation by the City Council. Such person shall be state certified as a Building Official in all the codes adopted by this Chapter, and may delegate portions of responsibility as may be deemed Page 2 of8 necessary. Designation by the City Administrator of the Building Official shall be done in writing in a document filed with the City Recorder SECTION 3, Section 15.04. I 00 [Inspections Required] is hereby amended to read as follows: 15.04.100 Inspections Required Inspections shall be called for and made as provided in the specialty codes. The general contractor will natify thc Building Official when ready for ins(Jcctions as listed on the ins(Jeetion card, Ins(Jections will be made within twen13' four (21) hours after notification, Saturdays, Sundays and Holidays cxce(Jtcd, Electrical (Jcrmit ins(Jcctions shall follow the Orcgon Electrical S(JeciaIty Code rcquiremcnt of 48 hours after writtcn notice, SECTION 4. Section 15.04.115 [Conversion to For-Purchase Housing] is hereby amended to read as follows: 15.04,115 Conversion to For-Purchase Housing Structures being converted from multiple-family rental unit use to for-purchase housing in multi- family zones shall' conform to Oregon Structural Specialty Code Chapter 34 Existing Structures, Sections 2101, 2105, and 2106, including but not limited to. structural, mechanical, plumbing, and fire/life safety, in effect at the time of conversion, and a building permit shall be obtained for such conversion. Specifically, it shall be unlawful for the owner or his agent of multi-family residential units to convert said units and common areas to condominium ownership without prior approval of the building official. Review of components identified in Oregon Structural Specialty Code Chapter 34 Existing Structures shall precede such approval. Owner shall notify tenants that the City Building Division may be performing inspections of units and request entry for such purpose. After completion of the review, a report of items to be brought into compliance, if any will be provided to the owner or his agent by the Ashland Building Official. Any and all corrective measures and related construction permits with approved final inspections shall be completed prior to sale of units identified in the report. Physical improvement or rehabilitation of units and common areas are subject to the limitations of ORS 100.315. Conversion is also subiect to requirements of AMC Chapter 10,115. The fee schedule for the conversion review shall be established by resolution of the city council. SECTION 5. Section 15.04.180 [License Requirements for Heating or Ventilating Appliance Installations is hereby repealed in its entirety. SECTION 6. Section 15.04.115 [Mechanical Specialty Code Fee] is hereby amended to read as follows: 15,04,220 Mechanical Specialty Code Fee For application in this city, Seetion 204 of the mechanical s(Jccialty eode delcted, The the fee schedule for mechanical specialty code fees shall be established by resolution of the city council. Page 3 of8 r SECTION 7, Section 15.04.260 [Violation-Administrative Penalty] is hereby amended to read as follows: 15,04,260 Violation-Administrative Penalty A. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done contrary to or in violation of any of the provisions of this title. S. The Building Official, and his/her designee is specifically authorized to impose a civil penalty for any violation of the Building Code, including an order of the Building Official to remedy such violation. The civil penalty shall be served in a "Notice and Order Imposing the Civil Penalty" for the violation. The Notice shall: I. Describe the alleged violation, including any relevant code provision numbers, ordinance numbers or other identified references; and 2. State that the City of Ashland intends to assess a civil penalty for the violation and states the amount of the civil penalty; and 3. State that the party may challenge the civil penalty by filing an notice of appeal to the Building Board of Appeals within 15 days of service of the Notice as provided in AMC Chapter 15. C. The civil penalty may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895, subject to the limitations in the Ashland City Charter. Any person, firm or corporation violating any ofthe provisions of this title shall be deemed guilty of an offense and each such person shall be deemed guilty of separate offense on each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continue or permitted and upon conviction of any such violation. The civil penalties provided herein are in addition to and not in lieu of any other remedy for enforcement available to the City including but not limited to increased permit or investigative fees, injunctive relief or any other remedy. D. Unpaid Penalties I. Failure to pay an administrative penalty imposed pursuant to this code within thirty (30) days after the penalty becomes final shall constitute a Class I Class A violation of this code. 2. If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid 30 days after such penalty become final, the building official shall assess against the property the full amount of the unpaid fine and shall enter such an assessment as a lien in the docket of City liens. 3. In addition, failure to pay an administrative civil penalty imposed pursuant to this code shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, as well as revocation or suspension of any issued permits or certificates of occupancy. Page 4 of8 SECTION 8. Section 15.08.020 [Moving Structures Procedures Inspection] is hereby repealed in its entirety. SECTION 9. Section 15.08.040 [Plans Filed] is repealed in its entirety. SECTION 10. Section 15.08.050 [PreMoving Conference] is hereby repealed in its entirety. SECTION 11. Section .15.08.060 [Issuance or Denial of Penn its] is hereby amended to read as follows: 15,08,060 Permit Requirements for Moved Buildings No person shall move anv building to a lot or store anv building on a lot in anv zoning district within the city, other than an industrial zoning district, unless the owner of the building first obtains all necessary permits and pavs all required fees to move the building, constructs a foundation and places the building on a foundation on that lot, Necessary permits and fees shall include but not be limited to moving permit, zone change, site plan and architectural commission review, system development charges, foundation permit, sewer and water connection permits, specialty code permits and fees and any other permits necessary for construction, addition, remodel or change of occupancy. 15,08,060 Issuance or Denial of Permits The Building Official sholl investigate and examine the building proposed to be mB'/ed, the streets and publie and private propert;l' over, along, or across which the building is proposed to be moved, and the new loeation of the building, f-or the purpose of determining if the building may be moved with safet)' and mode to eomply with all the reljuirements of the City of ".shland, and to determine whether any streets or public or private property will be injurcd or damaged by the proposed move. The Building Official sholl consult with the '.shland Historic Commission in accordance with Section 15,01,210, The Building Official sholl abo consult with the .\shland Tree Commission regarding reljuired tree trimming in publie rights of way and other issues whieh may affeet trees owned by public entities, If the building and the proposed move meet all of the terms, conditions and restrietions os set forth in the moving ordinance and in the opinion of the Building Official, the moving of the building will do no damage to any streets or public or private prope~' along the route of the proposed building move, then the Building Official sholl issue the permit. The Building Official sholl refuse to issue a permit if it is found: .\. That the building is too large to move without endangering persons or propert)' in the Cit)" or would damage prope~' os set forth above, including. unacceptable damage to the Cit)"s street trees, R. That the building is in such a state of deterioration or disrepair, or is otherwise so structurally unsafe, that it cannot be moved without endangering persons or propert)', Page 5 of8 C. That the building is strueturally unsafe or unfit for the purpose for whieh it is mO"led, ifthe new loeation is in the City, D, That the applieant's equipment is unsafe and that persons and property may be endangered by its use, E. That zoning or other ordinanees would be violated by the building in its new loeation, F, That for any other reason persons or property would be endangered by moving of the building, SECTION 12. Section 15.08.070 [Use of Dollies] is hereby repealed in its entirety. SECTION 13, Section 15.08.080 [Insurance] is hereby amended to read as follows: 15,08,080 Insurance Bond Required Before a permit is granted under Section 15,08,060 the Building Official shall require the person to furnish a bond with one or more sureties to thc effect that they will indemnify the city for repairs to the streets and alleys or other property of the city. or damage and expense to any person occupying the streets or alleys by virtue of a franchise or otherwise. which results from transportation of a building on the streets or alleys of the city, The applieant,prior to reeei"ling a permit, sholl submit to the City's Director of Finance or Risk Manager a ccrtifieate of liability insurance eoverage, Said eertifieate shall, in a form satisfactory to the Director of Finance or Risl. Manager, attest to the house mo'/er ha'/ing current auto and general liability insuranee cO"lerage, in amounts not less than those sct forth in ORS 311,2711, with the Cit)' of Ashland, its officers, employees and agents named os additional insured with respeet to the house moving operation, SECTION 14, Section 15.08.100 [Penalty] is hereby amended to read as follows: 15.08,100 Penalty Any person refusing or neglecting to comply with the requirements of this chapter, or violating any provisions therein, is guilty of an infraction Class III Violation, and shall be subject to the penalties set forth in Section 1.08.020 of the Ashland Municipal Code, Penalties shall be assessed in accordance with Section 15,04,260. SECTION 15, Section 15.20.020 [Code Adopted] is hereby amended to read as follows: 15,20,020 Code Adoption The Oregon Electrical Specialty Code. as defined in Oregon Administrative Rule 918-290- 010. is adopted Adopted as a part of this chapter and further referred to in this chapter as "the electrical code:" are the f-ellowing: Page 60f8 A, The Eleetrieal 8Jleeialty Code as defioed fn Oregoo Administrative Rule 918 290 010, B. The eleetrieal eo de reEJuirement5 far Dwellings uoder the Oregoo Re5ideotial 8Jlecialt)' Code aod io O,'.R 918, Di'iisioo 480. SECTION 16, Section 15.16.020 [Septic Tanks] through 15.16.220 [Plumbing and sewer business license-Required-Issuance] are hereby repealed in their entirety. SECTION 17, Section 15.16.240 [Permits - Fees] is hereby amended as follows: 15.16.240 Permits - and Fees A person must obtain a permit from the City as required bv State Law, For application in this city, the plumbing specialty code fees shall be established by resolution of the city council. (Ord 2896, Amended, 06/03/2003;Ord 2925, 2006) SECTION 18, Section 15.16.250 [Compliance with plumbing law] through 15.16.320 [Plumbing license - Suspension] are hereby repealed in their entirety. SECTION 19, Section 15.16.360 [Exemptions] and 15.16.370 [Labor by owner] are hereby repealed in their entirety. SECTION 20, Section 15.20.090 [Violation - Penalty] is hereby amended to read as follows: 15,20,090 Violation - Penalty Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of an offense and each such person shall be deemed guilty of separate offense on each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continue or permitted and upon conviction of any such violation such person shall be punished as prescribed in Section 1.08.020. and penalties shall be assessed in accordance with Section 15,04,260. SECTION 21. Severability. If any section, provision, clause. sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 22. Savings. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions or other actions as required by state law, were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions or applications commenced and continued under the laws in effect at the time the matters were originally filed. Page 70f8 SECTION 23, Codification, Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word "ordinance" may be changed to "code", "article", "section", "chapter' or another word, and the sections of this Ordinance may be renumbered, or re-lettered, and typographical errors and cross references may be corrected by the City Recorder, provided "''''~------:'7',_.., however that Sections ~L th[u_ 2;3., unincorporated Whereas clauses and boilerplate provisions need not be codified. The foregoing ordinance was first read by title only in accordanc Section 2(e) of the City Charter on the -L day of ~ ,00 ~ ~r;;:;:.:; d'yof Barbara Christensen, City Recorder SIGNED and APPROVED this -Lday of with Article X, ,2010, ,2010. ~J!P-- ~. Reviewed as to form: Page 8 of8