These regulations shall be known as the City of Warrenton's
Building Code requirements and includes the most currently adopted
editions of the Oregon Structural Specialty Code, Oregon Fire Code,
Oregon Mechanical Specialty Code, Oregon Electrical Specialty Code,
Oregon Plumbing Specialty Code, Oregon One- and Two-Family Dwelling
Specialty Code, Oregon Manufactured Dwelling Code, Oregon Manufactured
Dwelling Park and Mobile Home Park Rules, Oregon Recreational Park
and Organizational Camp Regulations and International Dangerous Buildings
Code, including the administration sections and appendices herein,
may be cited as such, and will be referred to herein as "this code."
(Ord. 965-A § 2, 1996; Ord. 1238 § 1, 2020)
The purpose of this code is to establish uniform performance
standards providing reasonable safeguards for health, safety, welfare,
comfort and security of the residents of this jurisdiction who are
occupants and users of buildings and for the use of modern methods,
devices, materials, techniques and practicable maximum energy conservation.
(Ord. 965-A § 2, 1996)
A. This
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.
B. Where,
in any specific case, different sections of this 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.
C. Where,
in any specific case, there is a conflict between this code and Oregon
Revised Statutes, the statute shall govern.
(Ord. 965-A § 2, 1996)
A. The
provisions of this code are not intended to prevent the use of any
alternate material, design or method of construction not specifically
proscribed by this code, 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 code
and that it is, for the purpose intended, at least the equivalent
of that prescribed in this code in suitability, strength, effectiveness,
fire resistance, durability, safety and sanitation.
C. 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 Agency.
(Ord. 965-A § 2, 1996)
When there are practical difficulties in carrying out the provisions
of this code, the Building Official may grant modifications provided
the Building Official finds that the modification is in conformance
with the intent and purpose of this code and that said 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. 965-A § 2, 1996)
A. Whenever
there is insufficient evidence of compliance with the provisions of
this code or that any material, method or design does not conform
to the requirements of this code, the Building Official may require
tests as proof of compliance to be made at no expense to this jurisdiction.
B. Test
methods shall be as specified by this code or by other recognized
test standards. If there are no recognized and accepted methods for
the proposed alternate, the Building Official shall determine test
procedures.
C. 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. 965-A § 2, 1996)
A. General.
There is hereby established a code enforcement agency which shall
be under the administrative and operational control of the Building
Official. The Building Official is authorized to enforce all the provisions
of this code. The Building Official shall have the power to render
written and oral interpretations of this code and to adopt and enforce
administrative 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 code.
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 the code enforcement agency.
C. Right
of Entry. When it may be necessary to inspect to enforce the provisions
of this code, or the Building Official has reasonable cause to believe
that there exists in a building or upon a premises a condition which
is contrary to, in violation of this code, or which otherwise makes
the building or premises unsafe, dangerous or hazardous, the Building
Official may enter said building or premises at reasonable times to
inspect or to perform the duties imposed by this code, provided that
if such building or premises be occupied that credentials 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 the remedies provided
by ORS to secure entry.
D. Stop
Work Orders. Whenever any work is being done contrary to the provisions
of this code (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
code 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 thereof,
regulated by this code 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 notice 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 given 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 code and in violation of a notice issued pursuant to the provisions
of this section, the Building Official may institute such action as
he or she deems 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 code which has been disconnected or ordered disconnected or discontinued
by the Building Official until the Building Official specifically
authorizes reconnection and/or use of such equipment.
H. Maintenance.
All buildings and structures, both existing and new, and all parts
thereof, shall be maintained in a safe and sanitary condition. All
devices or safeguards which are required by this code shall be maintained
in conformance with the code edition under which installed. 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 code is used contrary to the provisions of this
code, the Building Official may order such use discontinued and the
structure (or portion thereof) vacated. All persons using the structure
(or portion thereof) shall discontinue the use within the time prescribed
by the Building Official in his or her notice and make the structure,
or portion thereof, comply with the requirements of this code.
(Ord. 965-A § 2, 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. 965-A § 2, 1996)
A. Issuance.
The application, plans, specifications, computations and other data
filed by an applicant for a permit shall be reviewed by the Building
Official. Such plans may be reviewed by other departments of this
jurisdiction to verify compliance with any applicable laws under their
jurisdiction. If the Building Official finds that the work described
in application for a permit and the plans, specifications, and other
data filed therewith conform to the requirements of this code and
other pertinent laws and ordinances, and that the fees have been paid,
the Building Official shall issue a permit therefor to the applicant.
B. When
the Building Official issues the permit where plans are required,
the Building Official shall endorse in writing or stamp the plans
and specifications APPROVED. Such approved plans and specifications
shall not be changed, modified and altered without authorizations
from the Building Official, and all work regulated by this code shall
be done in accordance with the approved plans.
C. The
Building Official may issue a permit for the construction of part
of a building or structure before the entire 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 pertinent requirements of this code. The holder
of a partial permit shall proceed without assurance that the permit
for the entire building or structure will be granted.
(Ord. 965-A § 2, 1996)
One set of approved plans, specifications and computations shall
be retained by the Building Official for a period of not less than
90 days from date of completion of the work covered therein; and one
set of approved plans and specifications shall be returned to the
applicant, and said set shall be kept on the site of the building
or work at all times during which the work authorized thereby is in
progress.
(Ord. 965-A § 2, 1996)
A. The
issuance or granting of a permit or approval of plans, specifications
and computations shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions of this code or
of any other ordinance of the jurisdiction or any other federal, state,
or local law, statute, rule, regulation, or ordinance.
B. The
issuance of a permit based on plans, specifications and other data
shall not prevent the Building Official from thereafter requiring
the correction of errors in said plans, specifications and other data,
or from preventing building operations being carried on thereunder
when in violation of this code or of any other ordinances of this
jurisdiction.
(Ord. 965-A § 2, 1996)
Applications for which no permit is issued within 180 days following
the date of the application shall expire by limitation, and plans
and other data submitted for review may thereafter be returned to
the applicant or destroyed by the Building Official. The Building
Official may extend the time for action by the applicant for a period
not exceeding 180 days on request by the applicant showing that circumstances
beyond the control of the applicant have prevented action from being
taken. No application shall be extended more than once. In order to
renew action on an application after expiration, the applicant shall
resubmit plans and pay a new plan review fee.
(Ord. 965-A § 2, 1996)
A. Every
permit issued by the Building Official under the provisions of this
code shall expire by limitation and become null and void if the building
or work authorized is not commenced within the time limitations set
forth in this section.
B. Every
permit issued by the Building Official shall expire by limitation
and become null and void if the building or work authorized by such
permit is not commenced within 180 days from the date of such permit,
or if the building or work authorized by such permit is suspended
or abandoned at any time after the work is commenced for a period
of 180 days. The work shall not be considered suspended or abandoned
where the permittee has pursued activities deemed by the Building
Official to indicate the intent to start and complete the project.
The Building Official may require the permittee to document these
activities.
C. Every
permit issued by the Building Official shall expire by limitation
and become null and void 24 months after the date of permit issuance.
If the building or work authorized by such permit has not received
final inspection approval prior to the permit expiration date, all
work shall stop until a new permit is obtained for the value of the
work remaining unfinished.
EXCEPTION: At the time of permit issuance the Building Official
may approve a period exceeding 24 months for completion of work when
the permittee can demonstrate that the complexity or size of the project
makes completing the project within 24 months unreasonable.
D. Any
permittee holding an unexpired permit may apply for an extension of
the time within which work is to be completed under that permit when
the permittee is unable to complete work within the time required
by this section for good and satisfactory reasons. The Building Official
may extend the time for action by the permittee for a period not exceeding
180 days on written request by the permittee showing that circumstances
beyond the control of the permittee have prevented work from being
completed. No permit shall be extended more than once.
E. Where
a permit has expired, the permit can be reinstated and the work authorized
by the original permit can be recommenced, provided the following
are met:
1. The
Building Code under which the original permit was issued, and other
laws which are enforced by the code enforcement agency, have not been
amended in any manner which affects the work authorized by the original
permit.
2. No
changes have been made or will be made in the original plans and specifications
for such work.
3. The
original permit expired less than one year from the request to reinstate.
F. The
fee for a reinstated permit shall be one-half the amount required
for a new permit. Where the request for reinstatement does not comply
with the preceding criteria, a new permit, at full permit fees, shall
be required.
(Ord. 965-A § 2, 1996)
A. Whenever
any work for which a permit is required by this code has been commenced
without first obtaining said 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 code nor from any penalty prescribed
by law.
(Ord. 965-A § 2, 1996)
A permit issued to one person or firm is not transferable and
shall not permit any other person or firm to perform any work thereunder.
(Ord. 965-A § 2, 1996)
The Building Official may, in writing, suspend or revoke a permit
issued under the provisions of this code 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 Code.
(Ord. 965-A § 2, 1996)
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, provide access to the site, and to provide all equipment as
may be deemed necessary or appropriate by the Building Official. The
permit holder shall not proceed with construction activity until authorized
to do so by the Building Official. 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 or his or her agent.
B. Work
requiring a permit shall not be commenced until the permit holder
or an agent of the permit holder has posted or otherwise made available
an inspection record card such as to allow the Building Official to
conveniently make the required entries thereon regarding inspection
of the work. This card shall be maintained available by the permit
holder until final approval has been granted by the Building Official.
(Ord. 965-A § 2, 1996)
A. Enforcement
of State Code. The Oregon Structural Specialty Code and Oregon Residential
Specialty Code, as adopted by OAR 918-460-0010 through 918-460-0015,
except as modified in this code, is enforced as part of this code.
The most currently adopted edition of the Oregon Fire Code, including
administrative sections, all appendices and all the State of Oregon
Revisions.
B. Adoption
of Fire Flow Requirements. The most currently adopted edition of the
Oregon Fire Code is adopted as part of this code with the following
modifications:
1. Decreases.
Fire-flow requirements may be modified downward by joint approval
of the Building Official and the Chief of the Fire Department for
isolated buildings or a group of buildings in rural areas or small
communities where the development of full fire-flow requirements is
impractical.
2. Increases.
Fire-flow requirements may be modified upward by joint approval of
the Building Official and the Chief of the Fire Department where conditions
indicated an unusual susceptibility to group fires or conflagrations.
An upward modification shall not be more than twice that required
for the building under construction.
C. Excavation
and Grading/Erosion Control. The most currently adopted edition of
the Oregon Structural Specialty Code, Appendix J Grading, is adopted
as part of this code.
(Ord. 965-A § 2, 1996; Ord. 1238 § 1, 2020)
A. Enforcement
of State Code. The Oregon Mechanical Specialty Code, as adopted by
OAR 918-440-0010 through 918-440-0040, except as modified in this
code, is enforced as part of this code.
B. Process
Piping.
1. Appendix
Chapter 14 of the Uniform Mechanical Code, 1994 Edition, published
by the International Conference of Building Officials, except as modified
in the following paragraph, is adopted as part of this code.
2. Section
1401 of this Appendix chapter is modified to read as follows:
The regulations of this chapter shall govern the installation
of hazardous process piping in or in conjunction with a building or
structure or located upon the premises.
(Ord. 965-A § 2, 1996)
Enforcement of State Code. The Oregon Plumbing Specialty Code,
as adopted by OAR 918-750-0010, except as modified in this code, is
enforced as part of this code.
(Ord. 965-A § 2, 1996)
Enforcement of State Code. The Oregon Electrical Specialty Code,
as adopted by OAR 918-290-0010, except as modified in this code, is
enforced as part of this code.
(Ord. 965-A § 2, 1996)
Enforcement of State Code. The Oregon One and Two Family Dwelling
Specialty Code, as adopted by OAR 918-480-000 through 918-480-0010,
except as modified in this code, is enforced as part of this code.
(Ord. 965-A § 2, 1996)
A. Parks—Enforcement
of State Rules. The manufactured dwelling park and mobile home park
rules adopted by OAR 918-600-0005 through 918-600-0110, except as
modified in this code, are enforced as part of this code.
B. Manufactured
Home Installations—Enforcement of State Rules. The manufactured
dwelling rules adopted by OAR 918-500-0000 through 918-500-0500 and
OAR 918-520-0010 through 918-520-0020, except as modified in this
code, are enforced as part of this code.
(Ord. 965-A § 2, 1996)
Enforcement of State Rules. The recreational park and organizational
camp rules adopted by OAR 918-650-0000 through 918-650-0085, except
as modified in this code, are enforced as part of this code.
(Ord. 965-A § 2, 1996)
A. Fees
charged under this code shall be as provided in the applicable State
of Oregon Fee Schedules for that code.
B. The
Building Official may authorize the refunding of fees paid in accordance
with the refund policy in effect in the jurisdiction.
C. The
determination of value or valuation under any provisions of this 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 and any other
permanent equipment.
(Ord. 965-A § 2, 1996)
Any person violating any of the provisions herein for which
a special penalty has not been expressly provided shall, upon conviction
thereof, be punished by a fine not to exceed $1,000.00 per violation.
Each day that a violation exists is a separate offense.
(Ord. 965-A § 2, 1996)