The City of Harrisburg adopts the following codes by reference, and each code is incorporated and made a part of this chapter, except as specifically provided by this section:
1. 
The currently adopted State of Oregon Residential Specialty Code.
2. 
The currently adopted State of Oregon Electrical Specialty Code.
3. 
The currently adopted State of Oregon Plumbing Specialty Code.
4. 
The currently adopted State of Oregon Structural Specialty Code.
5. 
The currently adopted State of Oregon Mechanical Specialty Code.
6. 
The currently adopted State of Oregon Manufactured Dwelling Specialty Code.
7. 
The currently adopted State of Oregon Manufactured Dwelling and Park Specialty Code.
8. 
The currently adopted State of Oregon Reach Code.
9. 
The currently adopted State of Oregon Energy Efficiency Specialty Code.
10. 
The currently adopted State of Oregon Boiler and Pressure Vessel Specialty Code.
11. 
Appendix H, "Signs," as allowed for municipal code adoption as noted in Section 101.2.1.2 of the 2019 Oregon Structural Specialty Code.
12. 
All construction standards and applicable administrative rules relating to building codes that have been adopted by Linn and Lane Counties, and Junction City are hereby adopted.
(Ord. 692 § 1, 1995; Ord. 737 § 1, 1997; Ord. 856, 2007; Ord. 875, 2008; Ord. 906 § 1, 2012; Ord. 929 § 1 (Exh. A), 2015; Ord. 952 § 1 (Exh. A), 2017; Ord. 977 § 1 (Exh. A), 2020; Ord. 983 § 1, 2022)
1. 
City Administration Procedures. The City shall provide for the administration of a plan checking, building permit and inspection program for structural, plumbing, mechanical and electrical work. The City program is applicable to public building, including State building, as well as private building.
2. 
Demolition Permit Requirements and Procedures. The City shall issue demolition permits for all structures known to be listed on the Linn County Assessor tax rolls and provide inspections upon notification by the applicant of completion of the work. The City shall also notify the Linn County Assessor of the demolition permit, for removal of the structure from the tax rolls. The City shall inspect the area for removal of all debris. If no residence will replace the demolished residence, inspect:
a. 
Capping of the sewer line or, if there is no City sewer service, inspect the septic system to be sure it has been adequately removed.
b. 
Removal of water meter.
(Ord. 692 § 2, 1995; Ord. 737 § 2, 1997; Ord. 977 § 1 (Exh. A), 2020)
The rules prescribed in this chapter shall apply to all lands within the City limits of the City of Harrisburg.
1. 
Compliance. No excavation or grading operation shall hereafter be performed, or existing graded lot altered, without full compliance with the terms of this chapter and other applicable regulations.
2. 
Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
However, where this chapter and other chapters conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
3. 
Relationship to Permits Required by State or Federal Agencies. Excavation, grading, and fill activities may require State and/or Federal permits. Such permits are likely to be required if hydric soils are present on the site or if the site contains other wetland characteristics. The issuance of a permit by the City of Harrisburg under this chapter does not eliminate the need for compliance with other State, Federal, or local regulations.
4. 
Warning and Disclaimer of Liability. The issuance of a permit by the City of Harrisburg under this chapter constitutes a determination that the applicant has met the minimum requirements for the City's regulatory purposes. Issuance of a permit does not relieve the permit holder from any responsibilities or liabilities that grading, excavation or fill activities may create if third parties are damaged or injured by such actions.
(Ord. 692 § 3, 1995; Ord. 977 § 1 (Exh. A), 2020)
"Development"
means any manmade changes to improved or unimproved real estate, to include, but not be limited to, filling, excavation, drilling or dredging operations.
"Drainage course"
means any natural or developed area that is or has been used for conveying of water, either year round or intermittently, through, across, below or around an elevation to a lower point.
"Drainageway"
means a natural or manmade path which has the specific function of transmitting natural stream water or storm runoff water from a point of higher elevation to a point of lower elevation.
Grading and/or Fill.
For the purpose of this chapter, "grading" and "fill" can be, and are, used interchangeably.
(Ord. 692 § 5, 1995; Ord. 737 § 3, 1997; Ord. 906 § 1, 2012; Ord. 977 § 1 (Exh. A), 2020)
The following standards shall also be adopted as part of the engineering standards:
1. 
Grading operations will not be permitted in City-recognized open drainageways, nor on land adjacent to a drainageway, without detailed engineering calculations submitted by the applicant to the City Engineer with which the City Engineer can determine that the operation will not adversely affect the existing and ultimate developments, nor the land adjacent to the drainageway.
2. 
Any grading operation which takes place in an open drainageway, or on the land adjacent to the drainageway, must be found by the City Engineer to (a) have some beneficial purpose and (b) be no more grading than is necessary to achieve that purpose.
(Ord. 692 § 6, 1995; Ord. 775 § 1, 2000; Ord. 977 § 1 (Exh. A), 2020)
1. 
Except as provided in subsection (2) of this section, developers or property owners shall obtain a fill permit from the City prior to placing on a lot:
a. 
More than 20 cubic yards of fill;
b. 
Fill that is more than one foot in depth on a buildable lot; or
c. 
Fill that will impact drainage on another lot.
The material must be placed and compacted in accordance with standard engineering practices.
2. 
Exceptions.
a. 
Excavation associated with a building authorized by a valid building permit, such as footings or basements not having an unsupported height greater than five feet.
b. 
Fill and/or backfill material placed around a building foundation in accordance with normal construction practices.
c. 
Cemetery graves.
d. 
Refuse disposal sites controlled by other regulations.
e. 
Mining and quarrying activities controlled by other regulations.
f. 
Soil and geologic exploratory excavation.
g. 
Excavations less than two feet in depth, or which do not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical.
3. 
If a fill permit is needed, the application shall contain a plan in sufficient detail to indicate the nature and extent of the work and must include:
a. 
Location of the work.
b. 
Name of the owner and name of the person who prepared the plan.
c. 
Dimensions and depth of cut and fill.
d. 
Location of any building or structure on the lot where the work is to be performed.
e. 
Location of any other building or structure within 15 feet of the proposed project.
f. 
Location and type of any known geologic hazards such as landslide areas, springs, etc.
g. 
A drainage plan or narrative statement that indicates the effect the fill will have on drainage and how drainage problems, if any, will be resolved.
4. 
Unless a fill permit involves more than 100 cubic yards of fill, City staff shall approve, approve with modifications, or deny the application. Conditions of approval may be imposed if deemed necessary to resolve drainage concerns or to protect surrounding properties.
5. 
If the fill permit involves 100 cubic yards or more of fill, the application shall be submitted to an Oregon licensed engineer for review and stamp, before being submitted to the City of Harrisburg for staff review. City staff shall approve, approve with modifications, or deny the application. Conditions of approval may be imposed if deemed necessary to resolve drainage concerns or to protect surrounding properties.
(Ord. 692 § 6(A), 1995; Ord. 737 § 4, 1997; Ord. 775 § 1, 2000; Ord. 977 § 1 (Exh. A), 2020)
1. 
Definition. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation more than one foot. These areas are identified on the floodway maps issued by FEMA and in accordance with Chapter 15.20 HMC.
2. 
Administration of Designated Floodway Areas. No development is allowed in any floodway except where the Harrisburg Planning Commission finds that the development will not result in any increase in flood levels during the occurrence of the 100-year flood. Such findings shall be based upon applicant-supplied evidence certified by a registered professional engineer and upon documentation that one of the following three criteria has been met:
a. 
The development does not involve the construction of permanent or habitable structures; or
b. 
The development is a public or private park or recreational use of municipal utility use; or
c. 
The development is a water-dependent structure such as a dock, pier, bridge or floating marina.
(Ord. 692 § 7(A), 1995; Ord. 737 § 5, 1997; Ord. 977 § 1 (Exh. A), 2020)
1. 
Scope. All rain, storm and other surface runoff water from roofs, exposed stairways, light wells, courts, courtyards and exterior paved areas which is drained by storm water drainage piping shall be conveyed by such piping to a storm sewer, storm sewage system, dry well, open drain terminal, drainage ditch, street gutter, or natural surface drainage course in a manner which will not cause flooding to adjacent property, streets, alleys or walkways and shall be separated from the sanitary building sewer.
2. 
Disposal. All points of disposal shall meet with the provisions of this chapter and those of the Linn County Building Department. Such drainage shall not be discharged to any subsurface sewage disposal system, foundation or footing drain or to any location which could contribute to a nuisance or to conditions detrimental to the well-being of persons or property. The disposal of all such drainage shall be in compliance with local ordinances, State rules and regulations.
(Ord. 692 § 8, 1995; Ord. 977 § 1 (Exh. A), 2020)
In addition to the provisions of Section 106 of the Structural Specialty Code and similar provisions of other specialty codes, the City's appointed Building Official may approve a material or a method of construction not specifically prescribed by this chapter, provided he finds that the proposed design is satisfactory and that the material, method or work offered is for the purpose intended at least the equivalent of that specifically prescribed by this chapter in quality, effectiveness, fire resistance, durability, safety, and energy conservation, and that the administrator of the building codes agency has not issued a report disapproving the material or method for the purpose. The Building Official may refer the proposed design to the City's Building Board of Appeals as provided in Section 204(a) of the Structural Specialty Code. A person affected by a ruling of the Building Official may appeal such ruling to the City's Board of Appeals within 30 days of the date of any adverse decision or ruling of the Building Official. The provisions of this section shall not be interpreted to preclude a person from requesting a ruling from the administrator of the building codes agency prior to submitting an application to the City for a permit or after withdrawing a previously submitted application.
(Ord. 692 § 9, 1995; Ord. 977 § 1 (Exh. A), 2020)
A building found by the Council to be a dangerous building is declared to be a public nuisance and may be abated by the procedures specified by Chapter 8.05 HMC.
(Ord. 692 § 10, 1995; Ord. 977 § 1 (Exh. A), 2020)
Any application for a building permit for a structure or facility which requires new electrical, telephone or cable TV service shall provide that the electrical, telephone or cable TV service will be underground from the property line to the structure or facility to be served. Where there is an existing utility easement with overhead lines, the service shall be underground from the edge of the easement to the structure or facility to be served. When cable TV service is added to buildings or structures currently being served by overhead electrical and telephone lines, cable TV service shall be underground.
(Ord. 692 § 11, 1995; Ord. 977 § 1 (Exh. A), 2020)
1. 
All taps or additional connections required for an existing sanitary sewer main shall be made only by the City of Harrisburg personnel or retained representative.
2. 
The City Public Works Department shall be notified of intended installation of water service to individual building lots. City Public Works personnel shall install water meters and property owner shutoff valves, in the meter box, for residential dwellings.
3. 
Property owners shall be subject to disconnection of service and a $1,000 fine for any sewer or water connection made to City of Harrisburg sewer or water utilities without prior City approval and City inspection at the time of connection.
4. 
Property owners/developers shall notify the City of the placement intent and inspection of forming and installation of all sidewalks and driveways.
5. 
All mailboxes shall be placed in accordance with the typical mailbox placement for curbside sidewalks as located in accordance with the local postmaster, in conjunction with the placement of all sidewalks.
6. 
All sidewalks shall be at least five feet in width and an ADA-approved type ramp shall be installed at all intersections with a textured ramp surfacing with a greater width, six-foot minimum. This ADA ramp shall also be installed in those situations where the sidewalk ends and a transition to the adjacent surface is warranted.
(Ord. 692 § 12, 1995; Ord. 746 § 1, 1998; Ord. 977 § 1 (Exh. A), 2020)
1. 
It shall be unlawful and a civil infraction 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 chapter. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation such persons shall be punished by a fine of not more than $1,000.
2. 
The City's appointed Building Official will investigate all complaints and reports from all sources for possible building code violations and shall perform random inspections of building construction activities within the City to assume full compliance with the building, plumbing, mechanical and electrical construction and contractor licensing requirements. The Building Official shall have the power to issue stop work orders and cite possible offenders into Harrisburg Municipal Court for further enforcement action or imposition of one or more fines in accordance with Chapter 1.10 HMC.
3. 
Nothing in this chapter shall prevent the City from being able to jointly or separately pursue a criminal violation against a person for a violation of this chapter.
(Ord. 692 § 14, 1995; Ord. 906 § 1, 2012; Ord. 977 § 1 (Exh. A), 2020)
1. 
The City shall appoint a three-member Building Codes Appeal Board, who shall serve a four-year term each. The Board members shall be selected, and representative of one or more of the following qualifications:
a. 
At least two Board members who are either a retired, licensed contractor or a building official, or currently active within either of these fields but in a different community.
b. 
One member representing the public at large.
c. 
Decisions of the Building Codes Appeal Board may be appealed to the City Administrator and City Engineer for a final determination of pending or appealed building or electrical code matters.
The Building Codes Appeal Board shall meet only upon 30 days' advance notice by request initiated by either the City's Building Official or the City Administrator.
(Ord. 977 § 1 (Exh. A), 2020)
1. 
Warning and Disclaimer of Liability. The provisions of this chapter shall be deemed to be minimum performance requirements and do not preclude the permit holder from exercising more stringent measures in terms of sound engineering practices. These provisions shall not be interpreted as acting as a basis for waiver or appeal of other existing statutory requirements of a similar nature. This chapter provides for a reasonable degree of protection for regulatory purposes, and is based on engineering and other related scientific methods, and shall not create liability on the part of the City of Harrisburg or any employee thereof for any damages resulting from complete reliance on this chapter or administrative decisions related thereto.
2. 
Exemptions from Chapter Provisions. The following activities or uses are exempt from the provisions of this chapter:
a. 
Quarrying, excavating, processing and stockpiling of rock, sand, gravel, aggregate or clay as a commercial operation, where the overburden and products derived from the on-site operation is relocated and deposited as a fill or as a stockpile product within the confines of the primary operation.
b. 
Normal, routine farming activities necessary to manage land, crops and/or animals for food production, including tile drainage, field drainage ditches, and other necessary conservation practices without damaging off-site property, where property is not located in a designated floodplain.
(Formerly 15.05.160; Ord. 692 § 16, 1995; Ord. 737 §§ 6, 7, 1997; Ord. 977 § 1 (Exh. A), 2020)