Correspondence •
,,. City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, OR 97223
loe I;GA
Thursday, November 16, 2006 a' qir 14a,'
Martin J. and Gina K. Wolf Martin J. and Gina K. Wolf
Martin J. Wolf, CCB # 58695 Martin J. Wolf, CCB # 58695
18930 SW Heightsview Ct. 2550 SW Oakwood Q.
Beaverton, OR 97007 Aloha, OR 97006
RE: NOTICE OF VIOLATION AND ORDER TO CORRECT: 11310 SW IRONWOOD
LOOP, TIGARD: Electrical Work Without Permit; Plumbing Work Without
Permit; Mechanical Work Without Permit; Improper Installation, Electrical;
Improper Installation, Plumbing.
Our records identify you as the owners and persons responsible for the property above. If
our records are in error in any way please accept my apologies and let me know right away.
This is a formal Notice of Violation advising you that we have had occasion to inspect
certain installations at your property at 11310 SW Ironwood Lp., Tigard, and that the City of
Tigard finds you to be in violation of multiple requirements of the Oregon Residential
Specialty Code (ORSC) and the Tigard Municipal Code (TMC) as follows:
1. ORSC R105.1 for Work Without Permit, specifically the electrical installation
without permit of a replacement electric service panel;
2. ORSC R105.1 for Work Without Permit, specifically the electrical installation
without permit of circuits serving a new air conditioning system;
3. ORSC R105.1 for Work Without Permit, specifically the mechanical installation
without permit of a new air conditioning system;
4. ORSC R105.1 for Work Without Permit, specifically the mechanical installation
without permit of a replacement gas furnace;
5. ORSC R105.1 for Work Without Permit, specifically the plumbing installation
without permit of a replacement gas water heater;
6. TMC 14.16.270 for Improper Installation, Electrical, specifically the failure to
provide a GFC protected exterior receptacle with a weatherproof bubblecover
within 25 ft. of the new air conditioning compressor as required by ORSC E35-
210.63, E35 210.8(A)(3), and E37 406.8(B)1;
7. TMC 14.16.250C1 and D for Improper Installation, Plumbing, specifically the failure
to properly secure the new gas water heater with sufficient seismic strapping as
required by ORSC P2810.5;.
Phone: 503.639.4171 o Fax: 503.684.7297 o www.tigard- or.gov • TTY Relay: 503.684.2772
•
Ironwood Lp. 11310, 11/16/06, p. 2 of 3.
8. TMC 14.16.250C1 and D for Improper Installation, Plumbing, specifically the failure
to secure the drainage discharge line from the new dishwasher to the underside of
the cabinet top as required by ORSC P3029.3.
The subject installations all appear to be quite recent but regardless of whether they were
made before or after your purchase of the house you, as the present owners, are responsible
for now bringing these installations into compliance.
Since you hold a general contractor's license from the State of Oregon you are responsible
for being familiar with the relevant statutes and the permitting, inspection, and approval
requirements of the various building codes and the above descriptions are deemed sufficient
to give you complete and formal notice. If you have any question as to how and why these
provisions apply in this case, please call me.
We have not yet assessed penalties nor have we served you with a Summons and Complaint,
however the City of Tigard reserves the right to do either or both without further notice if
your voluntary cooperation is not immediately forthcoming and the corrections required
below are not promptly made and the property brought into full compliance.
Please be advised that each of these violations constitute Class I Civil Infractions under the
TMC and that a penalty of up to $250.00 per day may be assessed for each such infraction.
The eight listed violations, therefore, have a potential maximum penalty of $2,000 per day.
If, however, we need take no further enforcement action and if, prior to noon next Monday,
November 20th, you advise me that you will voluntarily comply with the requirements and
orders herein set forth and if, prior to close of business two weeks from today, on Thursday,
November 30 ±, all the above violations have been corrected including having all permits
issued, corrections completed, and final inspection approvals received, the City of Tigard will
accept, in lieu of seeking court- ordered penalties, payment by you of a voluntary
reimbursement of the City's enforcement costs in the amount of $250.00 upon payment of
which we will take no further enforcement action and will consider this case to be closed.
TMC 14.16.450 provides that "if a notice of violation of sections 14.16.080 through
14.16.350 ... has been issued and if the affected dwelling unit(s) become vacant, it shall be
unlawful to reoccupy or permit re- occupancy of the unit(s) for residential purposes until the
necessary permits are obtained, corrections made, and permit inspection approvals given."
This letter constitutes just such notice of violation and pursuant to TMC 14.16.450 the City
of Tigard herewith declares re- occupancy of the subject premises prior to the correction of
all of the above violations to be unlawful and herewith prohibits such re- occupancy.
Because these premises are listed for and intended for sale and pursuant to Oregon Revised
Statutes 479.540 the above mentioned electrical work may only be performed and the
permits taken out by an electrical and contractor licensed by the State of Oregon. Therefore,
, Ironwood Lp. 11310, 11/16/06, p. 3 of 3.
you may not, either as property owner or as a licensed general contractor, yourslef take out
any of the required electrical permits or perform any of the electrical work mentioned above.
If you have any stions please ► 3b me directly at 503- 718 -2426.
,
'i
Albert S . e ds
Buildin_• odes Enforcement Officer
cc: Property File, Municipal Court, Hap Watkins, Realtor Tom Brewer, Realtor Donna
Schroder, Purchaser Heather Pepperdine.
Albert Shields - -11310 SW Ironwood Loop — Home Inspection Report and additional items of concern. • Page 1
From: Albert Shields
To: brewertom @aol.com; Donnadiane @verizon.net; Heather Pepperdine
Date: 11/16/2006 9:12:49 PM
Subject: 11310 SW Ironwood Loop — Home Inspection Report and additional items of concern.
Heather, thanks for EMailing me a copy of the home inspector's report.
So that all concerned parties can be apprised of the additional items discussed below I am addressing
this EMail simultaneously to you, your selling agent Donna Schroder, the listing agent Tom Brewer, and,
through Tom, to the sellers, Mr. and Mrs. Wolf. Tom, please pass this on as soon as possible to the
Wolfs.
I will be out of the office all day Friday, 11/17. I may be in for half a day on Monday but will then out of
town on vacation until Friday, December 1st. In case questions come up on any of these points in my
absence I am also copying my supervisor, Hap Watkins, on this EMail. Feel free to contact him via EMail
or at 503 - 718 -2440 in my absence.
There are some items in the inspection report that relate to the permit and installation issues that I
addressed today in my letter to the sellers. Some of these items will reappear as corrections when we
inspect the furnace, A/C, water heater, and service panel installations after permits are taken out if they
are not first checked out and corrected, if necessary, before our inspections. Since making those
corrections will be the seller's responsibility as part of the permit and inspection approval process, I will
flag them below and I ask Tom Brewer to advise the sellers so that they can have these items addressed
up front and avoid being surprised later. I already addressed some of these items in my letter and others
have only now been brought to my attention but constitute additional required corrections or additional
independent violations.
Please consider any items below that I identify as additional corrections or violations as having been
added to the items in my earlier letter and consider their correction to be herewith ordered. I will try to
clearly distinguish the items that require correction by the sellers from others in the home inspection
report that do not constitute code violations and for which the City does not require correction.
Overall, this report is very thorough. As most such reports do, this one calls attention to many items,
some of which are not really problems or flaws in installation but are the natural result of age or ordinary
use and others, that may seem like problems or instances of improper installation but are actually
instances where code requirements have changed: in general, the codes are not retroactive and do not
require that any installation that was properly installed originally, with any required permits and in
accordance with the then accepted installation practices, be changed to meet newer code requirements.
Many of the items noted in the home inspection report fall into this category and other items speak to
issues that are not code requirements but issues of personal preference.
Tigard Municipal Code (TMC) Chapter 14.16 contains the Residential Property Maintenance Regulations.
All items that I have identified as violation of TMC 14.16 are violations that we would require corrections
on for any property whether the owners were residing in it, renting it, or selling it.
Working down the Maintenance Summary:
Main Garage Electrical: Having a dedicated outlet and /or a non -GFCI outlet for a refrigerator is not a
code requirement although both may be recommended. No requirement to correct.
Exterior Receptacle at Sliding Door: The report refers to this as a defective GFCI. In fact it is not a GFCI
receptacle at all but we have already ordered that it be replaced with a GFCI and bubble cover as part of
the A/C installation per current code.
Service Panel: We have already required this installation be brought under permit so any corrections will
be incorporated in our inspection /approval process, including installation of a bushing at the Grounding
Electrode Conductor penetration and replacement of any missing bushings, if required.
Breakers: Although we did not test its function, the "off' breaker was identified as protecting the dryer
circuit and since the dryer had been removed, turning the breaker off was an excellent safety measure.
Albert Shields -11310 SW Ironwood Loop — Home Inspection 'Report and additional items of concern. Page 2
We see no issue with this item.
Labeling: All breakers in the panel are required to be clearly identified as to the circuits they protect.
Existing labeling is not complete and must be completed by the seller before the service panel installation
will be approved.
A/C Condensate Line: Whether a trap on this line is required will be determined at our inspection of the
A/C installation.
Furnace — Connection to Ductwork: If the furnace is not adequately connected to the plenum and
ductwork, as the report suggests, correction by the seller will be required before inspection approval.
Furnace — Fan Chamber Access Door: Screws are reportedly stripped making door difficult to open.
This is considered to be a new installation and repair is required by the seller.
Ductwork in ground contact in crawl: This may be an old installation. We do not require correction by the
seller but we do recommend correction per the report.
PVC Air Intake: If this is a high- efficiency furnace the use of PVC pipe for combustion air may be
allowed. If the manufacturer's installation instructions do not allow it correction will be required by the
seller. Not necessarily a problem.
Furnace on GFCI - protected, non - dedicated circuit: Circuit deemed to be original with house, not a code
violation although use of a non -GFCI outlet may be recommended. No correction by seller required.
Furnace supply wiring not protected at wall penetration /end of conduit: Correction by seller required.
Water Heater Seismic Restraints: Two restraints required per current code; correction by seller required.
Water Heater Flue Pipe: Pipe reportedly in contact with drywall and /or too close to combustible surface
with some pipe dented or damaged. If so, seller correction required.
Hall Bath Electrical: Lights protected by GFCI outlet. Not a code violation, no correction required.
Dishwasher High Loop Discharge: Correction by seller required, addressed in letter.
Kitchen Faucet Leaking: Additional violation, correction by seller required, lack of proper maintenance
per TMC 14.16.250C2.
Flexible Discharge Line: Believed to refer to dishwasher discharge line. Not a code violation. Flex
discharge line appears to be part of manufacturer's installation package.
Laundry - GFCI outlet: No laundry tub is present and use of a GFCI receptacle is not a code requirement
nor a code violation so long as the washer and dryer are positioned directly in front of it, although use of a
non -GFCI receptacle may be recommended. Correction by seller not required.
Attic — Air Splice of line voltage cable: Photograph shows improper splice of cable, no wire nuts, no
protective box, reported damage to cable. Additional violation, TMC 14.16.270A. Correction by seller
required, by licensed electrical contractor only.
Drainage System Leaks: "Active leaking" at bathtub and shower pan drains and backslope on
kitchen /washing machine drain lines reported. Additional violation, TMC 14.16.250C2, correction by
seller required.
Gas Supply Lines: Gas shut -off valves are required at each individual appliance and are reportedly
missing at the water heater and dryer. But we observed a 220v electrical outlet for a dryer and did not
notice a gas outlet for a dryer. If there is a gas outlet at the dryer it must have an individual shut -off valve
and seller correction is required if it is absent. Installation of a shut -off valve at the water heater will be
required as part of the water heater installation permit/inspection process.
Vehicle Impact Protection: Report notes absence of impact protection for the gas furnace and possibly
for the water heater. Impact protection is required and will be called for in order for furnace and water
heater installations to be approved. Seller correction required.
PVC piping used for TPRV Drain Tube on water heater: Not a violation. This is an approved use and
should not be identified as an issue.
Master Bath Shower Controls: Report notes that operation of the shower control valve produced no
water, suggesting a faulty valve or a supply blockage. Additional violation per TMC 14.16.250C1 and 3
as inadequate maintenance. Correction by seller required. If a new valve is installed it must be of the
anti -scald type.
Kitchen Ventilator: Report notes that ventilation via fan in microwave does not exhaust to exterior and
duct work is visible in attic that could be used. Not a code violation. With windows and a sliding door to
the exterior for ventilation, ducting to the exterior is not required.
Refrigerator receptacle: Refrigerator receptacle in kitchen is GFCI - protected. Not a code violation and
no correction is required, although no GFCI protection may be recommended.
Albert Shields -11310 SW Ironwood Loop — Home Inspection•Repbrt and additional items of concern. • • Page 3
Albert Shields
Housing Inspector, Building Codes Enforcement Officer
City of Tigard
503 - 718 -2426
Albert@tigard- or.gov
"The World Trade Center towers MUST rise again,
at least as tall as before...or terror will have triumphed."
WTC Restoration Association, 9/18/01
CC: Hap Watkins