[Ord. No. 2135, Enacted, 10-1-1996]
LOC Chapter 45 shall be known as the City of Lake Oswego Building Code.
[Ord. No. 2135, Enacted, 10-1-1996]
The purpose of the Building Code is to establish uniform performance standards to reasonably safeguard the health, safety, welfare, comfort and security of occupants and users of buildings within the City of Lake Oswego, and to ensure the use of modern methods, devices, materials, techniques and maximum practicable energy conservation in the construction of buildings.
[Ord. No. 2135, Enacted, 10-1-1996]
1. 
The Building Code shall apply to the construction, alteration, moving, demolition, repair, maintenance and work associated with any building or structure except those located in a public way.
2. 
Where, in any specific case, different sections of the Building Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
[Ord. No. 2135, Enacted, 10-1-1996; Ord. No. 2411, Amended, 2-1-2005; Ord. No. 2890, Amended, 3-17-2022; Amended, 11-19-2024 by Ord. No. 2948]
For the purpose of the Building Code, the following definitions shall apply:
BUILDING OFFICIAL
Means the person appointed by the City Manager to enforce the provisions of the Building Code, or designee.
CIVIL ENGINEER
Means a person licensed by the State of Oregon to practice the profession of civil engineering within the State.
ENGINEERING GEOLOGIST
Means a person licensed by the State of Oregon to practice the profession of engineering geology within the State.
FIRE MARSHAL
Means the person appointed by the Chief of the Department of Fire, Rescue and Life Safety to enforce LOC Chapter 15 (Fire Code) or the Fire Marshal’s designee.
GEOTECHNICAL ENGINEER
Means a person licensed by the State of Oregon to practice civil engineering within the state and who has geotechnical expertise.
STRUCTURAL ENGINEER
Means a person licensed by the State of Oregon to practice the profession of structural engineering within the State.
[Ord. No. 2135, Enacted, 10-1-1996]
1. 
Alternative Materials Permitted: The Building Official may approve an alternate material, design or method of construction not specifically proscribed by the Building Code if the Building Official finds:
a. 
The proposed material, design or method complies with the provisions of the Building Code; and
b. 
It is, for the purpose intended, at least the equivalent of that prescribed in the Building Code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.
2. 
Demonstration of Compliance. The Building Official shall require that evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any approval of any alternate material, design or method shall be recorded and entered in the files of the City.
[Ord. No. 2135, Enacted, 10-1-1996]
When there are practical difficulties in carrying out the provisions of the Building Code, the Building Official may approve a modification provided the Building Official finds:
1. 
The proposed modification is in conformance with the intent and purpose of the Building Code; and
2. 
The proposed modification does not lessen any fire-protection requirements nor the structural integrity of the building involved.
Any action granting modification shall be recorded in the files of the code enforcement agency.
[Ord. No. 2135, Enacted, 10-1-1996]
1. 
Whenever there is insufficient evidence of compliance with the provisions of the Building Code, the Building Official may require tests as proof of compliance to be made at no expense to the City.
2. 
Test methods shall be as specified by the Building Code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Building Official shall determine test procedures.
3. 
All tests shall be made by an approved testing agency. Reports of such tests shall be retained by the Building Official for the period required for the retention of public records.
[Ord. No. 2135, Enacted, 10-1-1996; Ord. No. 2411, Amended, 2-1-2005]
1. 
Fees charged under the Building Code shall be established and amended by Resolution of the City Council.
2. 
The City Manager may authorize the refunding of fees paid pursuant to City Policy.
3. 
The determination of value or valuation under any provisions of the Building Code shall be made by the Building Official. The value to be used in computing the building permit and plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, other permanent equipment, and design fees.