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Correspondence SzeacroO mac> City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 41, „ � ” h *: in.: � f ? 6 , _g_e___ -- rie 7 C.4 L a1 al xttx o ei_ 0 :( ... __,, i 4 io d / ' 5 14GARDI Thursday, November 16, 2006 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 Ct. 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, specific the electrical installation without permit of a replacement electric service panel;- 2. ORSC R105.1 for Work Without Permit, specifically the trical 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 GFCT 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 • Fax: 503.684.7297 • 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 maybe 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 30th, 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, t ' • 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 • .t►. me directly at 503 - 718 -2426. / 4 11111111 'ii Albert S 'e ds Buildin• '.des 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 e LC (9.00 - 0 - 0 Go 7 / 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. , 'i� lbert Shields - 11310 SW Ironwood Loop — Home Inspection Report 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