Ordinance No. 01-25 .. ........ ......... .
CITY OF TIGARD,OREGON
ORDINANCE NO.0I-Q5
AN ORDINANCE AMENDING CHAPTER 14.04 OF THE TIGARD MUNICIPAL CODE
WHEREAS, VARIOUS OREGON REVISED STATUTES AND OREGON ADMINISTRATIVE
RULES HAVE BEEN AMENDED AND RE-NUMBERED,AND;
WHEREAS, SECTION 14.04.030 (A) (4) AND (5) OF THE TMC HAVE BEEN DELETED DUE TO
THE ADOPTION OF HAZARDOUS PROCESS PIPING IN THE MECHANICAL CODE BY THE
STATE OF OREGON,AND;
WHEREAS, SECTION 14.04.030 (B) HAS BEEN AMENDED TO OMIT THE REQUIREMENT FOR
THE CITY RECORDER TO MAINTAIN COPIES OF ALL THE STATE ADOPTED SPECIALTY
CODES,AND;
WHEREAS,SECTION 14.04.060 OF THE TMC IS BEING DELETED IN ITS ENTIRETY.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: CHAPTER 14.04 BUILDING CODE OF THE TMC IS BEING AMENDED AS
SHOWN ON EXHIBIT A.
SECTION: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor,and posting by the City Recorder.
PASSED: By LA ROLA i Mks vote of all Council members present after being read by number and
title only,this day of 11-eCeml2eti ,2001.
0j;'z�P_,A ('" WWEK�R
Catherine Wheatley,Ci Record
l�
APPROVED: By Tigard City Council this ,day of CC_e i ,2001.
J es E.Griffith, r
*Aey
rm:
Date
ORDINANCE No.01- �~
Page 1
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EXI-iT rr L
OR DTIV�q tvcc-
TIGARD MUNICIPAL CODE o1.a5
Stfikesuts are deleted language and bold underline is building code" means the combined specialty
new language. codes as listed in Section 14.04.030. (Ord. 86-53
§2(Exhibit A§2), 1986)
Chapter 14.04 BUILDING CODE
14.04.030 State codes adopted.
Sections:
(a) Except as otherwise provided in
14.04.010 Title, this chapter, the following codes, standards and
14.04.020 Definitions. rules are adopted and shall be in force and effect
14.04.030 State codes adopted. as part of this municipal code:
14.04.040 Administration.
14.04.050 Uniform Building Code-- (1) Under the authority of
Appendix 11 adopted-- nDQ55-153 ORS 455.150 (effective 9/5/95),
Agricultural buildings. Tigard administers those specialty codes and
(Repealed by Ord.96-10). building requirements adopted by the state which
14.04.60 Structural Specialty Code-- Tigard is granted authority to administer,
Section 308 amended-- including: the Structural, Mechanical, Plumbing,
Occupancy. Electrical and One and Two Family Dwelling
,(Repealed by Ord.01- Specialty Codes; mobile or manufactured
14.04.065 Electrical Program dwelling parks requirements; temporary parks
Administration. requirements; manufactured dwelling installation,
14.04.070 Occupancy restriction support and tiedown requirements and park or
recordation. camp requirements(as listed in ORS 455.153),
14.04.090 Violation--Penalty--Remedies.
(2) Appendix Chapter A33 of
14.04.010 Title. the 1997 Uniform Building Code, as published by
the International Conference of Building Officials,
This chapter shall be known as the regarding Excavation and Grading, including the
building code ordinance and may also be referred recognized standards for Appendix Chapter 33
to as "this chapter," or the "building code." (Ord. listed in Part IV of Chapter 35 of the 1997
86-53 §2(Exhibit A§1), 1986) Uniform Building Code;
14.04.020 Definitions. (3) Section 104.2.6 of the
1997 Uniform Building Code,as published by the
For the purpose of Sections 14.04.010 International Conference of Building Officials,
through 14.04.090, the following terms shall regarding Liability;
mean:
(1) Building Official. 'Building
official" means the designee or designees
appointed by the director of community
development who is responsible for building modified in Title 14, e t . 446040,03%
inspections and enforcement of the building code. ;
(2) State Building Code. "State (5) seetien 1401
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TIGARD MUNICIPAL CODE
Nppendix Ghaptef- 14 -4--the 1994 Appendix 11 adopted--
Agricultural buildings.
(Repealed by Ord.96-10).
few Piping is modified to Feft as
Seetie
�Unetiefl With
she ! ;
(b) At least one copy of each of these C •
specialty codes shall kept by the building official (a)(I)of this ahapter-is amended to eliminate the
the-eity r-eeerder and the Tigard Public Library, language
and shall be available for inspection upon request.
(Ord. 99-04; Ord. 96-10; Ord. 93-04 §1, 1993: "
Ord.90-14§1, 1990).
14.04.040 Administration. The remainder of Seetien '- 10°pis
adopted in full. (Ord.96 10; a r93-04 -,R4, 1 993:
(a) The city shall provide a program Ord.86 53 §2(Exhibit " §6),
of building code administration, including plan
review, permit issuing and inspection for 14.04.065 Electrical Program
structural, electrical, mechanical and plumbing Administration.
work. The program shall be administered by the
building official, under the supervision of the (a) Permit Required - Except as
community development director. The program permitted by OAR 915-
shall operate pursuant to the state specialty codes 261-0000 through 0035 - electrical work exempt
listed in Section 14.04.030 and the remainder of from permit, subsection (o) of this section for
this chapter. minor installations, subsection(p) of this section
for temporary electrical permits and subsection
(b) Administration and enforcement (q) of this section for industrial plant electrical
of Appendix Chapter 33,Excavation and Grading, permits, no electrical work shall be performed
as adopted by Section 14.04.030 (a) (2), shall be unless a separate electrical permit for each
by the building official and city engineer. Where separate building or structure has first been
the term "Building Official" is used in Appendix obtained from the building official
Chapter 33, it shall mean either the building
official or city engineer. (b) Expiration of Permits - Permits
shall expire pursuant to OAR 918 260 270(91)
(c) Fees for permits and other related OAR.918-309-0000(6).
services pursuant to the building code
administration program shall be established by (c) Validity of Permit- The issuance
resolution of the City Council. (Ord.99-08;Ord. of a permit or approval of plans, specifications
96-10; Ord. 95-16; Ord.93-04 §2, 1993: Ord. 86- and computations shall not be construed to be a
53 §2(Exhibit A§4), 1986). permit for,or an approval of,any violation of any
of the provisions of this code or of other
14.04.050 Uniform Building Code— ordinances of the jurisdiction. Permits presuming
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TIGARD MUNICIPAL CODE
to give authority to violate or cancel the City Council.
provisions of this code or of other ordinances of
the jurisdiction shall not be valid. (h) Investigation Fees: Work without
a Permit.
The issuance of a permit based upon
plans, specifications, computations and other data I. Investigation. Whenever
shall not prevent the building official from any work for which a permit is required by this
thereafter requiring the correction of errors in said code has been commenced without first obtaining
plans, specifications, and other data or from said permit, a special investigation shall be made
preventing building operations being carried on before a permit may be issued for such work.
thereunder when in violation of this code or of
other ordinances of this jurisdiction. 2. Fee. An investigation
fee, in addition to the permit fee, shall be
(d) Revocation of Permits - The collected whether or not a permit is then or
building official may, in writing, suspend or subsequently issued. The investigation fee shall
revoke a permit issued under the provisions of this be equal to the amount of the permit fee that
chapter whenever the permit is issued in error or would be required by this code if a permit were to
on the basis of incorrect information supplied or be issued. The payment of such investigation fee
in violation of other ordinances or regulation of shall not exempt any person from compliance
the jurisdiction. with all other provisions of this code nor from any
penalty prescribed by law.
(e) Plan Review Requirements -
Electrical plan reviews shall be required. Plan (i) Fee Refunds.
review requirements and procedures shall be as
stipulated in OAR 1. The building official may
918-311-0000 through 0060. awed authorize the refunding of any fee
paid hereunder which was erroneously paid or
(f) Expiration of Plan Review - collected.
Applications for which no permit is issued within
I80 days following the date of application shall 2. The building official may
expire by limitation, and plans and other data authorize refunding of not more that 80 percent of
submitted for review may thereafter be returned to the permit fee paid when no work has been done
the applicant or destroyed by the building official. under a permit issued in accordance with this
The building official may extend the time for code.
action by the applicant for a period not exceeding
180 days upon request by the applicant showing 3. The building official may
that circumstances beyond the control of the authorize refunding of not more than 80 percent of
applicant have prevented action from being taken. the plan review fee paid when an application for a
No application shall be extended more than once. permit for which a plan review fee has been paid
In order to renew action on an application after is withdrawn or canceled before any plan review
expiration, the applicant shall resubmit plans and effort has been expended.
pay anew plan review fee.
The building official shall not
(g) Permit Fees - Fees for electrical authorize refunding of any fee paid except upon
permits shall be established by resolution of the written application filed by the original permittee
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TIGAIZD MUNICIPAL CODE
not later than 180 days after the date of fee utility, owner and occupant of the building,
payment. structure or premises in writing of such
disconnection immediately thereafter.
(j) Right of Entry. When it is
necessary to make an inspection to enforce the (m) Authority to Condemn
provisions of this section or when the building Equipment. When the building official ascertains
official has reasonable cause to believe that there that any equipment, or portion thereof, regulated
exists in a building or upon a premises a condition by this section has become hazardous to life,
which is contrary to or in violation of this section health or property,the building official shall order
which makes the building or premises unsafe, in writing that the equipment either be removed or
dangerous or hazardous, the building official may restored to a safe or sanitary condition, as
enter the building or premises at reasonable times appropriate. The written notice shall contain a
to inspect or to perform the duties imposed by this fixed time limit for compliance with such order.
section provided that if such building or premises Persons shall not use or maintain defective
be occupied that credentials be presented to the equipment after receiving a notice.
occupant and entry requested. If such building or
premises be unoccupied,the building official shall When equipment or an installation is to be
first make a reasonable effort to locate the owner disconnected, written notice of the disconnection
or other person having charge or control of the and causes therefor shall be given within 24 hours
building or premises and request entry. If entry is to the serving utility, the owner and occupant of
refused, the building official shall have recourse the building, structure or premises. When any
to the remedies provided by law to secure entry. equipment is maintained in violation of this
section, and in violation of a notice issued
(k) Corrections and Stop Orders. pursuant to the provisions of this section, the
When any work is being done contrary to the building official shall institute an appropriate
provisions of this section, the building official action to prevent, restrain, correct or abate the
may order the work corrected or stopped by notice violation.
in writing served on any persons engaged in the
doing or causing such work to be done, and such (n) Connection after Order to
persons shall forthwith make the necessary Disconnect. Persons shall not make connections
corrections or stop work until authorized by the from an electrical service nor supply electrical
building official to proceed with the work. power to any equipment regulated by this section
which has been disconnected or ordered to be
(1) Authority to Disconnect Utilities disconnected by the building official or the use of
in Emergencies. The building official or the which has been ordered to be discontinued by the
building official's authorized representative shall building official until the proper permits have
have the authority to disconnect electrical service been obtained, inspections approved, and the
to a building, structure, premises or equipment building official authorizes the reconnection and
regulated by this section in case of emergency use of such equipment.
where necessary to eliminate an immediate hazard
to life or property. The building official shall, (o) Minor Installation Labels -Rules
whenever possible, notify the serving utility, the for the use, issuance, and inspection of minor
owner and occupant of the building, structure or installation labels shall be as stipulated in CAR
premises of the decision to disconnect prior to 9I S OAR 918-050-0500
taking such action, and shall notify such serving throush @520.
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TIGARD MUNICIPAL CODE
cause the same to be done contrary to or in
(p) Temporary Electrical Permits - violation to this chapter.
Rules for the use of temporary electrical permits
shall be as stipulated in GAR 918 260 ^" OAR (c) No person shall install, alter,
918-309-0080. replace, improve, convert, equip or maintain any
plumbing or drainage piping work or any fixture
or water heating or treating equipment in the city,
(q) Industrial Plant Electrical Permits or cause the same to be done contrary to or in
and Inspection -Rules for the use of industrial violation of this chapter.
plant electrical permits and inspections shall be as
stipulated in OAR 918 260 2cn OAR 918-309- (d) No person shall install, alter,
0100.(Ord.95-16) replace, improve, convert, equip or maintain any
electrical equipment or system in the city, or
14.04.070 Occupancy restriction cause the same to be done contrary to or in
recordation. violation of this chapter.
An applicant for a building permit for (e) Violation of a provision of this
new construction, as a condition for the issuance chapter constitutes a Class I civil infraction and
of the permit,may be required to execute,notarize shall be processed in accordance with the
and deliver to the city a recordable occupancy procedures set forth in the civil infractions
restriction in the form of Exhibit A-1, attached to ordinance,codified in Chapter 1.16 of this code.
the ordinance codified in this chapter. This
requirement shall be at the discretion of the (f) Each day that a violation of a
building official and the community development provision of this chapter exists constitutes a
director. Upon receipt of the occupancy separate violation.
restriction, the building official shall record it in
the deed records of Washington County. The (g) Notwithstanding the other
recording fees shall be charged to the applicant. remedies in this chapter, if the building official
When the conditions in the occupancy restriction determines that any building under construction,
have been satisfied, the restriction shall be mechanical work, electrical work, or plumbing
released and the occupancy certificate shall be work on any building or any structure poses an
issued.(Ord.86-53 §2(Exhibit A§7), 1986). immediate threat to the public health, safety or
welfare, he may order the work halted and the
14.04.090 Violation--Penalty-Remedies. building or structure vacated pending further
action by the city and its legal counsel.
(a) No person shall erect, construct,
enlarge, alter, repair, move, improve, remove, (h) The penalties and remedies
convert, demolish, equip, occupy or maintain a provided in this section are not exclusive and are
building or structure in the city,or cause the same in addition to other penalties and remedies
to be done contrary to or in violation of this available under city ordinance or state statute.
chapter. (Ord.95-16;90-08§4, 1990).
(b) No person shall install, alter,
replace, improve, convert, equip or maintain any
mechanical equipment or system in the city, or
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