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Ordinance No. 80-57 CITY OF TIGARD, OREGON ORDINANCE No. 80-� AN ORDINANCE AMENDING SECTION 14.04 AND 14.05, TIGARD MUNICIPAL, CODE, RELATING TO ADOPTION OF THE 1979 UNIFORM BUILDING LODE AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The City of Tigard received the 1979 Uniform Building Code and Uniform Building Code Appendix published by the International Conference of Building Officials and finds it necessary to adopt the same so that the City will be in compliance with State of Oregon regulations. Sectioii 2: Title 14, SeCtinn lA.nA, Tipard Municipal Code, �- amended to read as follows: "Sections: 14.04.010 Title. 14.04.020 Uniform Building Code adopted by reference. 14.04.035 Board of appeals abolished. 14.04.040 Violations and penalties. 14.04.050 Building permit fees. 14.04.063 Use of occupancy--Maintenance of nonoccupaney signs. 14.04.064 Occupancy permits. 1114.04.010 Title. The ordinance codified in This chapter shall be known as the "City of Tigard Uniform Building Code of 1979" and may be cited as such. 1114.04.020 Uniform Building Code adopted by reference. (a).The 1979 Edition of the Uniform Building Code as published by the International Conference of Building Officials as amended by the 1979 Edition of the State of Oregon Structural Specialty Code, Fire and Life Safety Code, Mechanical. Specialty Code, and Mechanical Fire and Life Safety Code, and Uniform Building Code Appendix, 1979 edition and Uniform Building Code Standards 1979 edition, and as so amended and supplemented and adopted by the State of Oregon pursuant to ORS 456.750 to 456.885 and designated as the "State of Oregon 1979 Building Code", is adopted and incorporated herein by reference to the same legal force and effect as if the same was set forth herein in full pursuant to authority of ORS 221.330, which by this reference is likewise made a part hereof, (b) Chapter 70, Excavation and Grading, Sections 7001 through 7015 being supplemental to the 1979 Edition of the Uniform Building Code as above-referenced, is adopted and incorporated herein as part of the City of Tigard Uniform Building Code of 1979 to the same legal force and effect as if set forth herein in full pursuant to authority of ORS 221.330. (c) Not less than three copies of each of the foregoing shall be kept and maintained on file in the office of the City Recorder for use and examination by the public pursuant to ORS 221.330. ORDINANCE No. 80-_4E "14,04.035 Board of appeals abolished. The board of appeals heretofore established pursuant to Section 204 of the Uniform Building Code, as adopted by Section 14.04.020, is abolished, and the terms of offices of all members thereof are terminated, and all records and files of the said board shall be delivered to the custody of the City Recorder. "14.04.040 Violations and penalties. The penalties provided by Section 205 of Chapter 2 of the 1979 Edition of the Uniform Building Code, as published by the International Conference of Building Officials, as adopted by Section 14.04.020, shall be applicable to any violation of the City of Tigard Uniform Building Code of 1979, including any violation of any provision of this chapter, said section reading as follows: "Section 205. It shall be unlawful 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 Code. "Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of Class B misdemeanor, and each such person 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 Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of nut more than $500 or by imprisonment for not more than 180 days, or by both such fine and imprisonment." "14.04.050 Building permit fees. Section 303(x) of the 1979 Edition of. Lhe Unifuiui Building Code as adopted by Section 14.04.020 of the Tigard Municipal Code is amended to read as follows: "(a) No fees shall be exacted for work undertaken by the City of Tigard; by the State of Oregon, its subdivisions or agencies; by the Federal Government, its subdivisions or agencies; by Washington County, or by any school district, if the work be done by such governmental units' own employees. "(b) No permit will be required for work involving less than $100.00 valuation where no structural changes are made. "(c) Fees for the issuance of permits for circuses, animal shows, wild west shows or similar exhibitions held ` in tents shall be $100.00. "(d) All fees for other activities conducted within the purview of Title 14 of the Tigard Municipal Code shall conform to Section 303(a) and 303(b) of the 1979 Edition of the Uniform Building Code adopted by Section 14.04.020 of the Tigard Municipal Code, -except-with respect to "Pian-checking__Fees. Group R-3 and M occupancies invol-ving repeated use of the same building plans covering residential units as part of one development, the fee for plan--checking services with respect to the second and successive permits shall be computed at the rate of $10,00 per permit." "14.04.063 Use or occupancy--Maintenance of nonoccu ancy si ns'. Section 307 of the Uniform Building Code, ,1979 Edition, is amended to dread as follows: PAGE 2 ORDINANCE No. 80. .4`"7 "Section 307 (a). Use of Occupancy. No building or structure in Groups A. E. I. H. B. R. and no single or l multiple family residential structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof, including said residential structure, shall be made until the Building Official has issued a certificate of occupancy thereof as provided herein. "Section 307 0-1). The building of each occupancy unit shall keep and maintain, is a conspicuous place at the front main entrance to each occupancy unit at all times after the permanent entrance doors thereof are installed until a unit occupancy permit has been issued by the City Building Official, a sign in form prescribed by the Building Official, notifying interested persons that such unit may not be occupied until an occupancy permit has been issued by the r Building Offic:iai. "Section 307 (b). Change in Use. Changes in the character or use of a building shall not be made except as specified in Section 502 of this Code. "Section 307 (c). Certificate Issued. After final inspection when it is found that the building or structure complies with the provisions of this Code, the Building ` Official shall issue a Certificate of Occupancy which shall 4. contain the following: 1. The building permit number. 2. The address of the building. 3. The name and address of the owners. 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building complies with the requirements of this Code for group ; and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the Building Official. "Section 307 (d). Temporary Certificate. A temporary Certificate ` of Occupancy may be issued by the Building Official for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. "Section 307 (e). Posting. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not F, be removed except by the Building Official". "14.04.064 Occupancy permits. Section 307 of the 1979 Edition of Uniform Building Code, as amended and supplemented and adopted by Section 14.04.020, is amended and supplemented to add thereto the following subsection: "Section 307 (£) (1): At the time of issuance of a building permit for new construction as designated in Section 14.04.063, subsection 307 (a) above, the Building Official may require the t applicant to execute, notoriae, and deliver to the City, a s: recordable occupancy restriction in the form prescribed. The applicant shall pay all applicable fees. The Building Official r shall cause said restriction to be recorded in, the deed records " of Washington County, Oregon. PAGE 3 ORDINANCE No 80 c„K:�k..r i..._,_s.3u-t. .. .-.s . .r. u ,.. ,. c x ,z'4i• ,v4'A .. ..” ... _.,...."_ �L .,... .. .. _ "When all conditions for occupancy have been satisfied, the occupancy permit shall be issued and the deed restriction released. "Section 307 (f) (4): In addition to the project signs to be placed at locations to be designated by the Building Official as hereinabove required, the builder of each occupancy unit shall keep and maintain, in a conspicuous place at the front main entrance to each occupancy unit at all times after the permanent entrance doors thereof are installed until a unit occupancy permit has been issued by the City Building Official, a sign in form prescribed by the Building Official, notifying interested persons that such unit may not be occupied until an occupancy permit has been issued by the Building Official". Section 3: Title 14, Section 14.05, Tigard Municipal Code, is hereby repealed in full. Section 4: Whereas, the State of Oregon is implementing the 1979 Uniform Building Code on July 1, 1980, the operation of the provisions of this ordinance need to be effective July 1, 1980 for the preservation of the public peace, health, and safety, an emergency is now declared to exist, and this ordinance shall be effective July 1, 1980. PASSED: By n vote of all Council members present this 23�d day of Zc&y, p , 19 , after being read two times by number and title only. 1 Recorder ---City of Tigard/,- APPROVED: By the Mayor this day ofti f,� � , 19_x?e) r..Oa—yor - City of Tigard a fir➢ PAGE 4 ORDINANCE No. 80- �'°7