The city may collect a planning review fee for the purpose of off-setting the costs associated with the review of building permits by the planning department for compliance with the Land Development Code (LDC) and any applicable development agreements or approvals.
(Ord. 152 § 1, 1996; Ord. 398 § 1, 2010)
The purpose of this chapter is to establish minimum performance standards to safeguard the health, safety, welfare, comfort and security of the occupants and users of buildings and structures within the city limits. The performance standards are intended to provide for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation by regulating and controlling the design, construction, quality of materials, use, occupancy, location and maintenance of all buildings and structures.
(Ord. 153 § 1, 1996; Ord. 501 § 1, 2016)
A. 
This chapter 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.
B. 
Where, in any specific case, different sections of this chapter 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.
C. 
Where, in any specific case, there is a conflict between this chapter and an Oregon Revised Statute, the statute shall govern.
(Ord. 153 § 2, 1996)
For the purpose of this chapter, the following definitions shall apply:
"Building official"
means the officer appointed by the city to regulate and enforce all provisions of this chapter pursuant to ORS 455.150 and who shall possess a state certification.
"ICC"
means International Code Council.
"ORS"
means Oregon Revised Statute.
(Ord. 153 § 3, 1996; Ord. 545 § 1, 2019)
A. 
General. The building official is authorized and directed to enforce all the provisions of this chapter. The building official shall have the authority to render written and oral interpretations of this chapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this chapter.
B. 
Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint technical officers and inspectors and other employees to carry out the functions of this chapter, including enforcement.
C. 
Right of Entry. When it is necessary to inspect to enforce the provisions of this chapter, or the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is in violation of this chapter or which otherwise makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or perform the duties imposed by this chapter, provided that if the building or premises be occupied, credentials shall be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to any remedies provided by law to secure entry.
D. 
Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter (or other pertinent laws or ordinances implemented through its enforcement), the building official may order the work stopped by notice in writing served on any person(s) engaged in the doing or causing of such work to be done. Such person(s) shall stop such work until specifically authorized by the building official to proceed thereafter.
E. 
Authority to Disconnect Utilities in Emergencies. The building official or the building official's authorized representative shall have the authority to disconnect fuel-gas utility service, and/or other energy supplies to a building, structure, premises or equipment regulated by this chapter when necessary to eliminate an immediate hazard to life or property. The building official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection within a reasonable time thereafter.
F. 
Authority to Abate Hazardous Equipment.
1. 
When the building official ascertains that equipment, or any portion of such equipment regulated by this chapter has become hazardous to life, health or property, the building official shall order the equipment either removed from its location or restored to a safe and/or sanitary condition, as appropriate. The order shall be in writing and contain a fixed time limit for compliance. Persons shall not use the defective equipment after receiving the notice;
2. 
When equipment or an installation is to be disconnected, written notice of the disconnection (and causes therefor) shall be sent by first class U.S. mail within 24 hours to the involved utility, the owner and/or occupant of the building, structure or premises. When equipment is maintained in violation of this chapter and in violation of a notice issued pursuant to the provisions of this section, the building official may institute such action as necessary to prevent, restrain, correct or abate the violation.
G. 
Connection After Order to Disconnect. No person shall make a connection to or from an energy, fuel or power supply to any equipment regulated by this ordinance which has been disconnected or ordered disconnected or discontinued by the building official until the building official specifically authorizes the reconnection and/or use of such equipment.
H. 
Maintenance. All buildings and structures, both existing and new, and all parts of such buildings or structures, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this chapter shall be maintained in conformance with this chapter. The owner or the owner's designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this section, the building official may cause a structure to be reinspected.
I. 
Occupancy Violations. Whenever any building, structure or equipment therein regulated by this chapter is used contrary to the provisions of this chapter, the building official may order such use discontinued and the structure (or portion of such structure) vacated. All persons using the structure (or portion of such structure) shall discontinue the use within the time prescribed by the building official in the notice and make the structure, or portion of such structure, comply with the requirements of this chapter. Use or occupancy of any structure, plumbing, mechanical equipment or electrical system without approval of the building official is a violation of this chapter.
J. 
Suspension/Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error on the basis of incorrect information supplied, or if its issuance (or activity thereunder) is in violation of any ordinance or regulation of any other provisions of the city ordinances. All fees shall remain property of the city and shall not be refunded.
(Ord. 153 § 4, 1996; Ord. 582, 3/19/2024)
A. 
It shall be the duty of the permit holder or authorized agent to request all inspections that may be necessary or otherwise required in a timely manner, to provide safe access to the site and inspection area, and to provide all equipment as may be deemed necessary or appropriate by the building official or city engineer. All corrections required by the building official or city engineer shall be made within a reasonable time and before covering. The permit holder shall not proceed with construction activity until authorized to do so by the building official or city engineer. It shall be the duty of the permit holder to cause the work to remain accessible and exposed for inspection purposes. Any expense incurred by the permit holder to remove or replace any material required for proper inspection shall be the responsibility of the permit holder.
B. 
No use or occupancy will be allowed without approval of the building official, and the issuance of a certificate of occupancy.
(Ord. 153 § 5, 1996; Ord. 545 § 1, 2019)
A. 
The provisions of this chapter are not intended to prevent the use of any alternate material, design or method of construction not specifically proscribed by this chapter, provided such alternate has been approved and its use authorized by the building official.
B. 
The building official may approve any such alternate material, design or method, provided the building official finds that the proposed material, design or method complies with the provisions of this chapter and that it is, for the purpose intended, at least the equivalent of that prescribed in this chapter in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.
C. 
The building official may 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 may be recorded and entered in the files of the jurisdiction.
D. 
Modifications. When there are practical difficulties in carrying out the provisions of this chapter, the building official may grant modifications provided the building official finds that the modification is in conformance with the intent and purpose of this chapter and that such modification does not lessen any fire protection requirements nor the structural integrity of the building involved. Any action granting modification may be recorded in the files of this jurisdiction.
E. 
Tests.
1. 
Whenever there is insufficient evidence of compliance with the provisions of this chapter or that any material, method or design does not conform to the requirements of this chapter, the building official may require tests as proof of compliance to be made at no expense to this jurisdiction;
2. 
Test methods shall be as specified by the building official in accordance with the 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 may be retained by the building official.
(Ord. 153 § 7, 1996)
A. 
Issuance.
1. 
The application, plans, specifications, computations and other data filed by an applicant for a building permit shall be reviewed by the building official. The plans may be reviewed by other city departments and divisions to verify compliance with any applicable laws or permits. If the building official finds that the work described in an application for a building permit and the plans, specifications and other data filed with the application conform to the requirements of this chapter and other applicable laws and permits, and that all required fees have been paid, the building official shall issue the building permit to the applicant;
2. 
When the building official issues the permit where plans are required, the building official shall endorse in writing or stamp the plans and specifications "Reviewed for Code Compliance." The approved plans and specifications may not be changed, modified or altered without authorizations from the building official, and all work regulated by the building official and this chapter shall be done in accordance with the approved plans;
3. 
The building official may issue a permit for the construction of part of a building or structure before all plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all applicable requirements of this chapter. The issuance of a partial permit does not constitute and may not be construed as an assurance that the permit for the entire building or structure will be granted. The holder of a partial permit proceeds with such work at the holder's own risk.
B. 
Retention of Plans. One set of approved plans, specifications and computations shall be retained by the building official for a period of not less than two years from date of completion of the work covered by the plans, specifications and computations. The approved plans, specifications and computations shall be available in a digital format to the applicant and must be available on the site of the building or work at all times during which the authorized work is in progress.
C. 
Validity of Permit.
1. 
The issuance of a permit or approval of plans, specifications and computations does not and shall not be construed to authorize any violation of any of the provisions of this chapter or of any other ordinance of this jurisdiction or any other federal, state or local law, statute, rule, regulation or Oregon Specialty Code;
2. 
The issuance of a permit based on plans, specifications and other data does not prevent the building official thereafter from requiring the correction of errors in such plans, specifications and other data, or to preventing building operations being carried on thereunder when in violation of this chapter or of any other ordinances of this jurisdiction;
3. 
The issuance of a permit based on plans, specifications and other data is not and shall not be construed as a guarantee by the city or the building official of the soundness of such plans or specifications, and shall not be a basis for imposing liability upon the city or any of its agents or employees, specifically including the building official.
D. 
Not Transferable. Absent express written approval of the building official, a permit issued to one person or firm is not transferable and shall not permit any other person or firm to perform any work under the permit.
E. 
Expiration of Plan Reviews. An application for which a permit is not issued within 180 days following the date of the application shall expire and plans and other data submitted with the application may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for issuing a permit for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the applicant's control prevented the applicant from providing information or taking other action necessary to allow the building official to complete review of the application and issue the permit. An application may not be extended more than once. In order to renew an application after expiration, the applicant shall resubmit plans and pay a new plan review fee, inclusive of the difference in cost between previously paid fees and charges and any applicable updated fees and charges.
F. 
Permit Expiration, Extension and Reinstatement.
1. 
Every permit issued by the building official shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
G. 
Exception.
1. 
When a permit has expired, the permit may be reinstated and the work authorized by the original permit may be recommenced, provided the following are met:
a. 
The specialty code under which the original permit was issued and other ordinances that are enforced by the building official have not been amended in any manner that affects the work authorized by the original permit;
b. 
No changes have been made or will be made in the original plans and specifications for such work; and
c. 
If the original permit expired less than one year from the request to reinstate the fee for a reinstated permit shall be one-half the amount required for a new building permit. For all other fees and charges, the applicant is responsible for payment of the difference in cost between previously paid fees and charges and any applicable updated fees and charges.
2. 
When the request for reinstatement does not comply with the criteria in subsection (G)(1), a new permit, at full building permit fees, is required.
H. 
Temporary and Final Occupancy Permits.
1. 
A person seeking a final occupancy permit must provide all private and public improvements required by federal, state and local regulations, including satisfaction of all conditions of approval from any applicable land use decision(s). The improvements may include, but are not limited to: public and private street improvements including improved sections, curb, gutter, sidewalk, planter strip construction and vegetation, driveways, disabled person access and signage; direct pedestrian access; bicycle parking facilities; vehicular and delivery parking and maneuvering surfaces; commercial/industrial drive aisles; open space areas; stormwater detention/retention facilities; wetland mitigation; hardscaping; landscaping; parking lot lighting; signage, etc.
2. 
A person may receive a temporary occupancy permit when all structural components have been constructed, inspected and authorized by the building official or the official's designee. The structural components include all required Level 1 facilities: access; public sewer; public water; fire, life and safety provisions, etc. Temporary occupancy permits are subject to the provisions of subsection F.
3. 
A person seeking a final occupancy permit for financing or market purposes; for approval of a building shell that will have future tenant improvements, or for other similar reasons may apply for an exception under subsection G. The exception may be granted by the city manager or the manager's designee upon submittal of the exception application, application fee and an irrevocable standby letter of credit in an amount not less than 125% of the value of the incomplete improvements based on contractor estimates for all remaining private and public improvements not completed at the time of issuance of the final occupancy permit. The contractor estimates must be reviewed and approved by the building official, planning official or city engineer before an occupancy permit may be issued under this subsection. In the event that the person does not complete the remaining improvements within 180 days, the city shall begin proceedings to utilize the funds available through the letter of credit to complete all the remaining improvements.
(Ord. 153 § 8, 1996; Ord. 398 § 1, 2010; Ord. 545 § 1, 2019; Ord. 582, 3/19/2024)
A. 
Fees charged under this chapter shall be as provided in Resolution 96-05.
B. 
The building official may authorize the refunding of fees paid.
C. 
The determination of value or valuation under any provisions of this chapter 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 and any other permanent equipment.
(Ord. 153 § 9, 1996)
A. 
Any person aggrieved by a decision of the building official made pursuant to the following specialty codes may appeal that decision to the following:
1. 
Electrical Specialty Code—appeals may be made to the state of Oregon, Building Codes Division, Chief Electrical Inspector;
2. 
Structural Specialty Code—appeals may be made to the state of Oregon, Building Codes Structures Board;
3. 
Mechanical Specialty Code—appeals may be made to the state of Oregon, Building Codes Structures Board;
4. 
Plumbing Specialty Code—appeals may be made to the state of Oregon, Building Codes Division;
5. 
One-and Two-Family Dwelling Specialty Code—appeals may be made to the state of Oregon, Building Codes Structures Board;
6. 
Manufactured Dwelling Code—appeals may be made to the state of Oregon, Manufactured Structures and Parks Advisory Board as per ORS 455.690;
7. 
Recreational Park and Organizational Camp Regulations—appeals may be made to the state of Oregon, Manufactured Structures and Parks Advisory Board as per ORS 455.690.
B. 
An appeal shall be in writing, shall describe the basis for the appeal and shall first be filed with the building official.
(Ord. 153 § 10, 1996)
Any person violating any of the provisions in this chapter for which a special penalty has not been expressly provided shall, upon conviction of such violation, be punished by a fine not to exceed $1,000 per violation. Each day that a violation exists is a separate offense.
(Ord. 153 § 12, 1996)
A. 
Whenever any work for which a permit is required by this chapter has been commenced without first obtaining such permit, a special investigation shall be made before a permit may be issued for such work.
B. 
An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter nor from any penalty prescribed by law.
(Ord. 153 § 12.1, 1996)
A. 
Prior to construction of any building or structure, a temporary water-flushed toilet or an approved chemical toilet shall be installed and maintained on the premises where the construction activity is occurring and not in the public-right-of-way throughout the time of construction of the building or structure.
1. 
If a water-flushed toilet is used, the toilet shall be connected to a sanitary sewer or to an existing lawful septic tank system.
2. 
If a chemical toilet is used, it shall collect human waste in a container charged with a chemical solution for the purpose of disinfecting and deodorizing the content.
3. 
The person in whose name the building permit for the construction is issued is charged with providing a temporary water-flushed toilet or approved chemical toilet as well as with maintenance of those facilities at each construction site during the entire course of construction.
B. 
The requirements of this section are in addition to those set out in Division 3, Chapter 437 of the Oregon Administrative Rules as they presently exist or as they may be amended.
(Ord. 282 § 1, 2004)