05/07/1998 - Packet i
CITY OF TIGARD
OREGON
COMMUNITY HOUSING
TASK FORCE MEETING
at
CITY OF TIGARD
13125 SW HALL BLVD
Red Rock Conference Room
Thursday, May 7, 1998
1:00 pm to 3:00 pm
AGENDA
I. Self introductions.
H. Approval of April 30, 1998 meeting minutes.
III. Work session.
A. Review of substantive provisions of proposed ordinance.
B. Other.
IV. Meeting schedule confirmation.
V. Adjourn.
i:\bldg\david\comnihous\agendas\agdO5O7.doc
13125 SW Hail Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772
MEMORANDUM
CITY OF TIGARD A4.
TO: Community Housing Task Force Members
FROM: David Scott, Building Official
DATE: May 1, 1998
SUBJECT: 5/7/98 Meeting, 1 - 3 pm same location
Enclosed please find the minutes from the 4/30/98 meeting, with attached responses from the City
Attorney referenced in the minutes (this attachment is not being sent to those present at the
meeting who received a copy at the meeting). Also included is an underline/strikeout version of
the draft ordinance reflecting changes made to date by the Task Force and editorial changes to
incorporate Task Force changes throughout the code and other minor formatting and editorial
changes. I have not shown the deletion of the natural light requirement pending Task Force
review of the City Attorney's comments and the results of my research on the issue. The City
Attorney has indicated that unless Tigard has a mandate to enforce natural light provisions in a
housing code (which we do not)there is wide legislative policy discretion. Therefore, there is no
legal requirment to include natural light provisions. I did do some quick research on the Internet
and some commentaries on code requirements for natural light. Attached are two pages from the
commentaries (with pertinent information marked) and two pages from the Internet. There does
appear to be some correlation between natural light and physical health. There appears to be a
definite correlation between natural light and mental health. One of the commentaries asserts that
the purpose of housing codes does include mental health issues as part of the over-all
environmental health scope of a housing code. All of this information is presented for the Task
Force to finalize the tentative decision to not include a minimum natural light requirement.
We will commence our discussion of the substantive provisions of the ordinance with the natural
light issue and then pick up with Section 190. Please note the future meeting scheduled for
5/28/98 from l lam- Ipm same location.
COMMUNITY HOUSING TASK FORCE MEETING
Minutes of
Thursday, April 30, 1997
Tigard City Hall
MEMBERS PRESENT: Sharon Fleming-Barrett, Sheila Greenlaw-Fink, Robert Flug,
Sally Parks and Councilor Ken Scheckla.
MEMBERS ABSENT: Emily Cedarleaf, Cecilia Maciel, Dedi Streich and Susan Wilson.
ALSO PRESENT: Jerry Renfro, Tualatin Valley Fire and Rescue, and David Scott,
Building Official, City of Tigard.
The meeting was convened at approximately 1:15 p.m.
1. SELF INTRODUCTIONS:
Introductions were made.
II. APPROVAL OF APRIL 2. 1998, MEETING MINUTES
The minutes were approved.
111. WORK SESSION:
A. Review of substantive provisions of proposed ordinance.
The task force began by reviewing the City Attorney's responses to questions
posed by staff addressing issues raised at the 4/2/98 meeting. The City
Attorney's response is attached. The following issues were dealt with:
Question 1 -Add definition (18)(a) for Accessory dwelling unit as shown on the
attached. This will be coordinated with the development code.
Question 2 - No change is to be made to the definition of SRO.
Question 3 - Add a new definition per the attached for Social Care Facilities to
include these types of uses within the scope of the ordinance.
Question 4 - The discussion of the definition of owner and notification
requirements and policies in the ordinance and program will be deferred until
that portion of the ordinance comes up for discussion. The City Attorney will be
present for that discussion.
Community Housing Task Force Meeting
Minutes of April 30, 1997
Page 2
The Task Force proceeded to continue to review/discuss the proposed code
section by section, picking up with Section 160. The following issues were dealt
with: (bold text indicates an action item or decision)
Sec 160 - No further discussion as this section was dealt with at the 4/2/98
meeting and no members absent at the 4/2/98 meeting were present.
Sec 170 - Consensus was reached that natural light provisions were not a
compelling health or safety issue and should be removed. Some minor concern
was raised as to whether there may be some link between health and natural
light that those present were not aware of. Sub-section (A) will be deleted and
remaining sub-sections will be re-lettered. Replace "area of the room" with
"room's floor area" in new sub-section (A). In new sub-section (B): delete
"light and," the "s" in "Subsections" and all text after"(A)." Staff will check
with the City Attorney to confirm that eliminating natural light requirements
in habitable rooms does not expose the City to unnecessary liability within
the scope of this ordinance.
Sec 180 -All requirements were accepted as written.
B. Other
There were no other items considered.
IV. MEETING SCHEDULE CONFIRMATION:
The next meetings were scheduled for 5/7/98, 1 - 3pm, and 5/28/98, 11 am - 1 pm, both
meetings at the same location. Future meetings will be determined as necessary at the
5/28/98 meeting.
V. ADJOURN
The meeting adjourned at approximately 3:1513M.
Respectfully submitted,
David Scott
Building Official
i:lbldg\davidlcommhous\minutes\min0430.doc
-----------------
TIGARD MUNICIPAL CODE
Chapter 14.16 PROPERTY MAINTENANCE
REGULATIONS
14.16.350 Maintenance of Facilities and
Sections: Equipment.
14.16.360 Swimming Pool Enclosures.
14.16.010 Chapter Title. 14.16.370 Special Standards for Single-Room
14.16.020 Purpose. Occupancy Housing Units
14.16.030 Scope. 14.16.380 Dangerous and Derelict Structures,
14.16.040 Application of Titles 14 and 18. Generally.
14.16.050 Use of Summary Headings. 14.16.390 Derelict Buildings.
14.16.060 Definitions,Generally. 14.16.400 Dangerous Structures
14.16.070 Specific Definitions. 14.16.410 Abatement of Dangerous
14.16.080 Housing Maintenance Structures.
Requirements,Generally. 14.16.420 Inspections Required.
14.16.090 Display of Address Number. 14.16.430 Fee-paid Inspections for
14.16.100 Accessory Structures. Residential Structures.
14.16.110 Roofs. 14.16.440 Occupancy of Residential Property
14.16.120 Chimneys. After Notice of Violation.
14.16.130 Foundations and Structural 14.16.450 Illegal Residential Occupancy.
Members. 14.16.460 Interference with Repair,
14.16.140 Exterior Walls and Exposed Demolition,or Abatement
Surfaces. Prohibited.
14.16.150 Stairs and Porches.
14.16.160 Handrails and Guardrails.
14.16.170 Windows. 14.16.010 Chapter Title.
14.16.180 Doors.
14.16.190 Interior Walls,Floors,and This Chapter shall be known as"Property
Ceilings. Maintenance Regulations,"and is referred to herein as
14.16.200 Interior Dampness. "this Chapter."
14.16.210 Insect and Rodent Harborage.
14.16.220 Cleanliness and Sanitation. 14.16.020 Purpose.
14.16.230 Bathroom Facilities.
14.16.240 Kitchen Facilities. The purpose of this Chapter is to protect the
14.16.250 Plumbing Facilities. health,safety and welfare of Tigard citizens,to prevent
14.16.260 Heating Equipment and Facilities. deterioration of existing housing,and to contribute to
14.16.270 Electric System,Outlets,and vital neighborhoods by:
Lighting.
14.16.280 Ceiling Heights. (A)Establishing and enforcing minimum
14.16.290 Sleeping Room Requirements. standards for residential structures regarding basic
14.16.300 Overcrowding. equipment,facilities,sanitation,fire safety,and
14.16.310 Emergency Exits. maintenance.
14.16.320 Smoke Detectors.
14.16.330 Fire Safety Conditions for (B)Regulating and abating dangerous and
Apartment Houses and Hotels of derelict buildings.
More Than Two Stories.
14.16.340 Hazardous Materials.
14-16-12
TIGARD MUNICIPAL CODE
14.16.030 Scope.
This provisions of this Chapter shall apply to removing,repairing,or taking other steps as may be
all property in the City except as otherwise excluded by necessary in order to remove a nuisance.
law. (2) Accessory Structure. Any
structure not intended for human occupancy which is
14.16.040 Application of Titles 14 and 18. located on residential property. Accessory structures
may be attached to or detached from the residential
Any alterations to buildings,or changes of structure. Examples of accessory structures include:
their use, which may be a result of the enforcement of garages,carports, sheds,and other non-dwelling
this Chapter shall be done in accordance with buildings;decks,awnings,heat pumps,fences,
applicable Sections of Title 14(Buildings and trellises,flag poles,tanks,towers,exterior stairs and
Construction)and Title 18(Zoning)of the Code of the walkways,and other exterior structures on the
City of Tigard property.
14.16.050 Use of Summary Headings. (3) Apartment House. See
Dwelling Classifications.
This Chapter makes use of summary headings
(in bold face type)on chapters, sections,and (4) Approved Meets the standards
subsections to assist the reader in navigating the set forth by applicable Tigard City Code including any
document. In the event of a conflict in meaning applicable regulations for electric,plumbing,building,
between the bold heading and the following plain text, or other sets of standards included by reference in this
the meaning of the plain text shall apply. Chapter.
(5) Basement. The usable portion
14.16.060 Definitions,Generally. of a building which is below the main entrance story
and is partly or completely below grade.
For the purpose of this Chapter,certain
abbreviations,terms,phrases,words and their (6) Boarded. Secured against
derivatives shall be construed as specified in this entry by apparatus which is visible off the premises and
Chapter. Words used in the singular include the plural is not both lawful and customary to install on occupied
and the plural the singular. Words used in the structures.
masculine gender include the feminine and the
feminine the masculine.'.—"`And"indicates that all (7) Building. Any structure used
connected items or provisions apply. "Or" indicates that or intended to be used for supporting or sheltering any
the connected items or provisions may apply singly or use or occupancy.
in combination. Terms, words,phrases and their
derivatives used,but not specifically defined in this (8) Building,Existing. Existing
Chapter,either shall have the meanings defined in building is a building erected prior to the adoption of
Titles 14 or 13,or if not defined,shall have their this Chapter,or one for which a legal permit has been
commonly accepted meanings. issued.
14.16.070 Definitions. (9) Building Official. The
Building Official,or authorized representative,charged
The definition of words with specific meaning with the enforcement and administration of this
in this Chapter are as follows: Chapter.
(1) Abatement of a nuisance. The act of (10) Ceiling Height. The clear distance
14-16-22
TIGARD MUNICIPAL CODE
between the floor and the ceiling directly above it. designed,or used for renting or hiring out for sleeping
purposes by residents on a daily, weekly,or monthly
(11) Court. A space,open and basis.
unobstructed to the sky,located at or above grade level
on a lot and bounded on three or more sides by walls of (ef) Motel. For purposes of
a building. this Chapter,a motel shall be defined the same as a
hotel.
(12) Dangerous Building. See
Dangerous Structure. (€g) Single-Room Occupancy
Housing Unit. A one-room dwelling unit in a hotel
(13) Dangerous Structure. Any providing sleeping,cooking,and living facilities for
structure which has any of the conditions or defects one or two persons in which some or all sanitary or
described in Section 14.16.400,to the extent that life, cooking facilities(toilet,lavatory,bathtub or shower,
health,property,or safety of the public or its occupants kitchen sink,or cooking equipment)may be shared
are endangered with other dwelling units.
(14) Derelict Building. Any (h) Social Care Facilitics.
structure which has any of the conditions or defects Anv building or portion of a building
described in Section 14.16.390(A) containing three or more dwelling units,which is
designed,built, rented, leased, let, hired out or
(15) Duplex. See Dwelling Classifications, otherwise occupied for group residential living
"Two-Family Dwelling." purposes,which is not an apartment house. Such
facilities include but are not limited to.adult foster
(16) Dwelling. Any structure care, retirement homes, half-wav houses,vouth
containing dwelling units,including all dwelling shelters.homeless shelters and other group living
classifications covered by this Chapter. residential facilities.
(17) Dwelling Classifications. Types of (gi) Manufactured Dwelling.
dwellings covered by this Chapter include: The term"manufactured dwelling"includes
the following types of single-family dwellings:
(a) Accessory Dwelling Unit.
An additional dwelling unit within a detached single- (1) Residential Trailer.
famih;dwelling, subicct to the provisions of Title 18. A structure constructed for movement on the
public highways that has sleeping,cooking,and
(ab) Single-Family Dwelling. A plumbing facilities,that is intended for human
structure containing one dwelling unit. occupancy,that is being used for,or is intended to be
used for,residential purposes, and that was constructed
(bc) Two-Family Dwelling. A before January 1, 1962.
structure containing two dwelling units,also known as
a"duplex." (2) Mobile Home.
A structure constructed for movement on the
(sdj Apartment House. public highways that has sleeping,cooking,and
Any building or portion of a building containing three plumbing facilities,that is intended for human
or more dwelling units,which is designed,built, occupancy,that is being used for,or is intended to be
rented leased,let,or hired out to be occupied for used for,residential purposes,and that was constructed
residential living purposes. between January 1, 1962,and June 15, 1976,and met
the construction requirements of Oregon mobile home
(de) Hotel. Any structure law in effect at the time of construction.
containing sig er EHEdwelling units that are intended,
14-16-32
TIGARD MUNICIPAL CODE
(3) Manufactured which any person remains for continuous periods of
Home. A structure constructed for movement on the two hours or more or for periods which will amount to
public highways that has sleeping,cooling,and four or more hours out of 24 hours in one day.
plumbing facilities,that is intended for human
occupancy,that is being used for,or is intended to be (26) Immediate Danger. Any
used for.residential purposes,and that was constructed condition posing a direct immediate threat to human
in accordance with federal manufactured housing life,health,or safety.
construction and safety standards and regulations.
(27) Infestation. The presence
Manufactured Dwelling does not include any within or around a dwelling of insects,rodents,vermin
unit identified as a recreational vehicle by the or other pests to a degree that is harmful to the
manufacturer. dwelling or its occupants.
(18) Dwelling Unit. One or more (28) Inspection. The examination of
habitable rooms that are occupied by,or designed or a property by the Building Official for the purpose of
intended to be occupied by,one person or by a family or evaluating its condition as provided by this Chapter.
group of house mates living together as a single
housekeeping unit that includes facilities for living and (29) Inspector. An authorized
sleeping and unless exempted by this Chapter in representative of the Building Official whose primary
Sections 14.16.230 and 14.16.240,also includes function is the inspection of properties and the
facilities for cooking,eating,and sanitation. enforcement of this Chapter.
(19) Exit. (Means of Egress.)A (30) Interested Party. Any person or
continuous,unobstructed means of escape to a public entity that possesses any legal or equitable interest of
way, as defined in the building code in effect in the record in a property including but not limited to the
City. holder of any lien or encumbrance of record on the
property.
(20) Exterior Property Area. The
sections of residential property which are outside the (31) Kitchen.A room used or designed to
exterior walls and roof of the dwelling. be used for the preparation of food
(21) Extermination. The elimination of (32) Lavatory. A fixed wash basin
insects, rodents,vermin or other pests at or about the connected to hot and cold running water and the
affected building. building drain and used primarily for personal hygiene.
(22) Floor Area. The area of clear (33) Maintenance. The work of
floor space in a room exclusive of fixed or built-in keeping property in proper condition to perpetuate its
cabinets or appliances. use.
(23) Habitable Room(Space). Habitable (34) Manufactured Dwelling. See
room or space is a structure for living,sleeping,eating Dwelling Classifications.
or cooking. Bathrooms,toilet compartments,closets,
halls, storage or utility space, and similar areas are not (35) Motel. See Dwelling
considered habitable space. Classifications.
(24) Hotel. See Dwelling Classifications. (36) Occupancy. The lawful purpose
for which a building or part of a building is used or
(25) Human Habitation. The use of intended to be used.
any residential structure or portion of the structure in
14-16-4
TIGARD MUNICIPAL CODE
(37) Occupant. Any person
(including an owner or operator)using a building,or (47) Residential Property. Real
any part of a building, for its lawful, intended use. property and all improvements or structures on real
property used or intended to be used for residential
(38) Occupied. Used for an purposes including any residential structure,dwelling,
occupancy. or dwelling unit as defined in this chapter and any
mixed-use structures which have one or more dwelling
(39) Operator. Any person who units. Hotels that are used exclusively for transient
has charge,care or control of a building or part of a occupancy,as defined in this Chapter,are excluded
building in which dwelling units are let or offered for from this definition of residential property.
occupancy.
(48) Residential Rental Property.
(40) Outdoor area. All parts of property Any property within the City on which exist
that are exposed to the weather including the exterior one or more dwelling units which are not occupied as
of structures built for human occupancy.This includes, the principal residence of the owner.
but is not limited to;open and accessible porches,
carports,garages,and decks;accessory structures,and (49) Residential Structure. Any
any outdoor storage structure. building or other improvement or structure containing
one or more dwelling units as well as any accessory
(41) Owner. The person whose name structure.This includes any dwelling as defined in this
and address is listed as the owner of the property by the Chapter.
County Tax Assessor on the County Assessment and
Taxation records. (50) Shall. As used in this Chapter,is
mandatory.
(42) Plumbing or Plumbing Fixtures.
Plumbing or plumbing fixtures mean any (51) Single-Family Dwelling. See
water heating facilities,water pipes,vent pipes, Dwelling Classifications.
garbage or disposal units,waste lavatories,bathtubs,
shower baths,installed clothes-washing machines or (52) Single=Room Occupancy Housing
other similar equipment,catch basins,drains,vents,or Unit. See Dwelling Classifications.
other similarly supplied fixtures,together with all
connection to water, gas,sewer,or vent lines. (53) Sink A fixed basin connected to
hot and cold running water and a drainage system and
(43) Property. Real property and primarily used for the preparation of food and the
all improvements or structures on real property,from washing of cooking and eating utensils.
property line to property line.
(54) Sleeping Room. Any room
(44) Public right of way. Any designed,built,or intended to be used as a bedroom as
sidewalk,planting strip,alley, street,or pathway, well as any other room used for sleeping purposes.
improved or unimproved,that is dedicated to public
use. (55) Smoke Detector. An approved
detector which senses visible or invisible particles of
(45) Repair. The reconstruction or combustion and which plainly identifies the testing
renewal of any part of an existing structure for the agency that inspected or approved the device.
purpose of its maintenance.
(56) Structure. That which is built
(46) Resident. Any person or constructed,an edifice or building of any kind,or
(including owner or operator)hiring or occupying a any piece or work artificially built up or composed of
room or dwelling unit for living or sleeping purposes. parts joined together in some definite manner.
14-16-5-2
TIGARD MUNICIPAL CODE
(66) Unsecured Any structure in
(57) Substandard In violation of any which doors,windows,or apertures are open or broken
of the minimum requirements as set out in this so as to allow access by unauthorized persons.
Chapter.
r�T—Whiele. Af'Y&.-:8e in-,or
(58) Summary Abatement. Abatement , Or-MEA'be
of a nuisance by the City,or by a contractor hired by
the City,without obligation to give prior notice of the deviee fneved by human peweF OF used exelosively
abatement action to the owner or occupant of the
property- ,
"�mom'
(59) Supplied Installed,furnished
or provided by the owner or operator. (698) Yard An open,unoccupied space,
other than a court,unobstructed from the ground to the
(60) Swimming Pool. An artificial basin, sky,and located between a structure and the property
chamber, or tank constructed of impervious material, line of the lot on which the structure is situated
having a depth of 18 inches or more, and used or
intended to be used for swimming,diving,or 14.16.080 Housing Maintenance
recreational bathing. Requirements,Generally.
(61) Toilet. A flushable plumbing No owner shall maintain or permit to be
fixture connected to running water and a drainage maintained any residential property which does not
system and used for the disposal of human waste. comply with the requirements of this Chapter. All
residential property shall be maintained to the building
(62) Toilet Compartment. A room code requirements in effect at the time of construction,
containing only a toilet or only a toilet and lavatory. alteration,or repair and shall meet the minimum
requirements described in this chapter.
(63) Transient Occupancy. Occupancy
of a dwelling unit in a hotel where the following 14.16.090 Display of Address Number.
conditions are met:
(a) Occupancy is charged on a Address numbers posted shall be the same as
daily basis and is not collected more than six days in the number listed on the County Assessment and
advance; Taxation Records for the property. All dwellings shall
(b) The lodging operator have address numbers posted in a conspicuous place so
provides maid and linen service daily or every two days they may be read from the listed street or public way.
as part of the regularly charged cost of occupancy; Units within apartment houses shall be clearly
numbered;or lencred
(c) The period of occupancy metmer.
does not exceed 30 days;and
14.16.100 Accessory Structures.
(d) If the occupancy exceeds five All accessory structures on residential
dans.the resident has a business address or a residence property shall be maintained structurally safe and
other than at the hotel. sound and in good repair.Exterior steps and walkways
(64) Two-Family Dwelling. See shall be maintained free of unsafe obstructions or
Dwelling Classifications. hazardous conditions.
(65) Unoccupied Not used for 14.16.110 Roofs.
occupancy.
The roof shall be structurally sound,tight,and
14-16-6-2
TIGARD MIUNICIPAL CODE
have no defects which might admit rain.Roof drainage (C) Exterior metal surfaces shall be
shall be adequate to prevent rain water from causing protected from rust and corrosion.
dampness in the walls or interior portion of the
building and shall channel rain water into approved (D) Every section of exterior brick, stone,
receivers. masonry,or other veneer shall be maintained
structurally sound and be adequately supported and
14.16.120 Chimneys. tied back to its supporting structure.
Every masonry,metal,or other chimney shall 14.16.150 Stairs and Porches.
remain adequately supported and free from obstructions
and shall be maintained in a condition which ensures Every stair,porch,and attachment to stairs or
there will be no leakage or back-up of noxious gases. porches shall be so constructed as to be safe to use and
Every chimney shall be reasonably plumb. Loose bricks capable of supporting the loads to which it is subjected
or blocks shall be rebonded.Loose or missing mortar and shall be kept in sound condition and good repair,
shall be replaced.Unused openings into the interior of including replacement as necessary of flooring,treads,
the structure must be permanently sealed using risers,and stringers that evidence excessive wear and
approved materials. are broken,warped,or loose.
14.16.130 Foundations and Structural 14.16.160 Handrails and Guardrails.
Members.
Every handrail and guardrail shall be firmly
(A) Foundation elements shall adequately fastened,and shall be maintained in good condition,
support the building and shall be free of rot,crumbling capable of supporting the loads to which it is subjected,
elements. or similar deterioration. and meet the following requirements:
(B) The supporting structural members (A) Handrails and guardrails
in every dwelling shall be maintained structurally required by building codes at the time of construction
sound, showing no evidence of deterioration or decay shall be maintained or,if removed, shall be replaced
which would substantially impair their ability
to carry imposed loads. (B) Where not otherwise
required by original building codes, exterior stairs of
14.16.140 Exterior Walls and Exposed more than three risers which are designed and
Surfaces. intended to be used as part of the regular access to the
dwelling unit shall have handrails. Interior stairs of
(A) Every exterior wall and weather- more than three risers that connect between floors
exposed exterior surface or attachment shall be free of
holes, breaks, loose or rotting boards or timbers and
any other conditions which might admit rain or
dampness to the interior portions of the walls or the
occupied spaces of the building.
(B) All exterior wood surfaces shall be
made substantially impervious to the adverse effects of
weather by periodic application of an approved
protective coating of weather-resistant preservative,and
be maintained in good condition.Wood used in
construction of permanent structures and located nearer
than six inches to earth shall be treated wood or wood
having a natural resistance to decay.
14-16-72
TIGARD MUNICIPAL CODE
with habitable rooms shall have handrails. When that no window shall be required in bathrooms or toilet
required handrails are installed they shall have a compartments equipped with an approved ventilation
minimum height of 30 inches and maximum height of system
38 inches,measured vertically from the nosing of the
treads.They shall be continuous the full length of the (D) Windows in sleeping rooms
stairs and shall be returned or shall terminate in newel that are provided to meet emergency escape or rescue
posts or safety terminals. requirements described in Section 14.16.310(A)shall
have a sill height of no more than 44 inches above the
(C) Where not otherwise floor or above an approved permanently installed step.
required by original building codes,porches,balconies The step must not exceed 12 inches in height and must
or raised floor surfaces located more than 30 inches extend the full width of the window.The top surface of
above the floor or grade below shall have guardrails at the step must be a minimum of six feet from the ceiling
least 36 inches high. Open sides of stairs with a total above the step.
rise of more than 30 inches above the floor or grade
below shall have guardrails no less than 34 inches in (E) Windows in sleeping rooms
height measured vertically from the nosing of the that are provided to meet emergency escape or rescue
tread. When required guardrails are installed,they requirements described in Section 14.16.310(A)shall
shall have have a minimum net clear opening at least 20 inches
intermediate rails or ornamental closures which will wide,at least 22 inches high,and,if constructed after
not allow passage of an object 4 inches or more in July 1, 1974,at least five square feet in area.
diameter.
(F) Every window required for
14.16.170 Windows. ventilation or emergency escape shall be capable of
being easily opened and held open by window
(A) Every habitable room shall hardware. Any installed storm windows on windows
have at least one window facing directly to an exterior required for emergency escape must be easily openable
yard or court. The minimum total glass area for each from the inside without the use of a key or special
habitable room shall be 6.8 percent of the room's floor knowledge or effort.
area,except for basement rooms where the minimum
shall be 5 percent.This exception to the current code (G) All windows within 10 feet
shall not apply where any occupancy has been changed of the exterior grade that open must be able to be
or increased contrary to the provisions of this Chapter. securely latched from the inside as well as be openable
from the inside without the use of a key or any special
(B) Every habitable room shall knowledge or effort.This same requirement shall apply
have at least one window that can be easily opened or to all operable windows that face other locations that
another approved device to adequately ventilate the are easily accessible from the outside, such as balconies
room. Except where another approved ventilation or fire escapes, regardless of height from the exterior
device is provided,the total openable window area in grade.
every habitable room shall be equal to at least one-
fortieth of the area of the room. Windows required for (I) Every window shall be
secondary escape purposes in sleeping rooms must also substantially weather-tight,shall be kept in sound
meet the requirements outlined in Subsection condition and repair for its intended use,and shall
14.16.170 comply with the following:
(1) Every window sash
(C) Every bathroom and toilet shall be hilly supplied with glass window panes or an
compartment shall comply with the light and approved substitute without open cracks and holes.
ventilation requirements for habitable rooms as
required by Subsections 14.16.170(A)and(B),except (2) Every window sash
1416-8-
TIGAR.D MUNICIPAL CODE
shall be in good condition and fit weather-tight within entering the dwelling.
its frames.
(3) Every window (E) Every interior door and door frame
frame shall be constructed and maintained in relation shall be maintained in a sound condition for its
to the adjacent wall construction so as to exclude rain intended purpose with the door fitting within the door
as completely as possible and to substantially exclude frame.
wind from entering the dwelling.
14.16.190 Interior Walls,Floors,and
14.16.180 Doors. Ceilings.
(A) Every dwelling or dwelling unit (A) Every interior wall,floor,ceiling,
shall have at least one door leading to an exterior yard and cabinet shall be maintained in a clean, sanitary,
or court,or in the case of a two-family dwelling or safe,and structurally sound condition,free of large
apartment,to an exterior yard or court or to an holes and serious cracks, loose plaster or wallpaper,
approved exit. All such doors shall be openable from flaking or scaling paint.
the inside without the use of a key or any special
knowledge or effort. All screen doors and storm doors (B) Every toilet compartment,bathroom,
must be easily openable from the inside without the use and kitchen floor surface shall be constructed and
of a key or special knowledge or effort. maintained to be substantially impervious to water and
to permit the floor to be kept in a clean and sanitary
(B) In hotels and apartment houses,exit condition.
doors in common corridors or other common
passageways shall be operable from the inside with 14.16.200 Interior Dampness.
one hand in a single motion, such as pressing a bar or
turning a knob, without the use of a key or any special Every dwelling,including basements,and
knowledge or effort. crawl spaces shall be maintained reasonably free from
dampness to prevent conditions conducive to decay,
(C) Every door to the exterior of a mold growth,or deterioration of the structure.
dwelling unit shall be equipped with a lock designed to
discourage unwanted entry and to permit opening 14.16.210 Insect and Rodent Harborage.
from the inside without the use of a key or any special .
knowledge or effort. Every dwelling shall be kept free from insect
and rodent infestation,and where insects and rodents
(D) Every exterior door shall comply are found,they shall be promptly exterminated. After
with the following: extermination,proper precautions shall be taken to
prevent reinfestation.
(1) Every exterior door,door
hinge, door lock,and strike plate shall be maintained 14.16.220 Cleanliness and Sanitation.
in
good condition. (A) All exterior property areas shall be
maintained in a clean and sanitary condition free from
(2) Every exterior door when any accumulation of rubbish or garbage.
closed shall fit reasonably well within its frame and be
weather-tight. (B) The interior of every dwelling shall
be maintained in a clean and sanitary condition and
(3) Every door frame shall be free from any accumulation of rubbish or garbage so as
constructed and maintained in relation to the adjacent not to breed insects and rodents,produce dangerous or
wall construction so as to exclude rain as completely as offensive gases,odors and bacteria,or other unsanitary
possible, and to substantially exclude wind from conditions,or create a fire hazard.
14-16-92
TIGARD MUNICIPAL CODE
compiving with Subsection 14.16.240(C).
(C) The owner of any residential rental property
shall provide in a location accessible to all dwelling (B) Except as otherwise provided for in
units at least one 30 gallon receptacle for each Subsections 14.16.240(C)and 14.16.370(B)and(C),
dwelling unit,or receptacles with a capacity sufficient every dwelling unit shall have approved service
to prevent the overflow of garbage and rubbish from connections for refrigeration and cooking appliances.
occurring, into which garbage and rubbish from the
dwelling units may be emptied for storage between (C) Social care facilities may be provide
days of collection.Receptacles and lids shall be with a community kitchen with facilities for cooking,
watertight and provided with handles. All receptacles refrigeration, and washing utensils.
shall be maintained free from holes and covered with
tight-fitting lids at all times.The owner of the units 14.16.250 Plumbing Facilities.
shall subscribe to and pay for weekly garbage removal
service for the receptacles required by this subsection, (A) Every plumbing fixture or device
by a refuse collection franchisee as defined in Section shall be properly connected to a public or an approved
11.04.040 of the Code of the City of Tigard. private water system and to a public or an approved
(((UNCERTAIN CODE REFERENCE))) private sewer system.
14.16.230 Bathroom Facilities. (B) All required sinks,lavatory basins,
bathtubs and showers shall be supplied with both hot
Except as otherwise noted in this Section, and cold running water.Every dwelling unit shall be
every dwelling unit shall contain within its walls in supplied with water heating facilities which are
safe and sanitary working condition: installed in an approved manner,properly maintained,
and properly connected with hot water lines to all
(A) A toilet located in a room that is required sinks,lavatory basins,bathtubs and showers.
separate from the habitable rooms and that allows Water heating facilities shall be capable of heating
privacy; water enough to permit an adequate amount of water to
be drawn at every required facility at a temperature of
(B) A lavatory basin;and at least 120 degrees at any time needed
(C) A bathtub or shower located in a (C) In every dwelling all plumbing or
room that allows privacy. plumbing fixtures shall be:
In hotels.,acid-apartment houses and social (1) Properly installed,
care facilities where private toilets,lavatories,or baths connected,and maintained in good working order;
are not provided,there shall be on each floor at least
one toilet,one lavatory,and one bathtub or shower (2) Kept free from obstructions,
each provided at the rate of one for every twelve leaks,and defects:
residents or fraction of twelve residents. Required
toilets,bathtubs,and showers shall be in a room,or (3) Capable of performing the
rooms,that allow privacy. function for which they are designed;and
14.16.240 Kitchen Facilities. (4) Installed and maintained
so-as to prevent structural deterioration or health
(A) Every dwelling unit shall contain a hazards.
kitchen sink apart from the lavatory basin required
under Section 14.16.230,with the exception of single- (D) All plumbing repairs and installations shall
room occupancy housing units which shall comply be made in accordance with the provisions of the
with Subsection 14.16.370(B)and social care facilities Plumbing Code adopted by the City.
14-16-102
TIGARD MUNICIPAL CODE
improper wiring or installation,deterioration or
14.16.260 Heating Equipment and Facilities. damage,or similar reasons.
(A) All heating equipment,including In addition to other electrical system
that used for cooking,water heating,dwelling heat, components that may be used to meet cooking,
and clothes drying shall be: refrigeration,and heating requirements listed
elsewhere in this Chapter,the following outlets and
(1) Properly installed, lighting fixtures are required:
connected, and maintained in safe condition and good
working order, (A) Every habitable room shall contain
(2) Free from leaks and at least two operable electric outlets or one outlet and
obstructions and kept functioning properly so as to be one
free from fire, health,and accident hazards; and operable electric light fixture.
(3) Capable of performing the (B) Every toilet compartment or
function for which they are designed bathroom shall contain at least one supplied and
operable electric light fixture and one outlet.Every
(B) Every dwelling shall have a heating laundry,furnace room,and all similar non-habitable
facility capable of maintaining a room temperature of spaces located in a dwelling shall have one supplied
68 degrees Fahrenheit at a point 3 feet from the floor electric light fixture available at all times.
in all habitable rooms.
(C) Every public hallway,corridor,and
(1) Portable heating devices stairway in apartment houses and hotels shall be
may not be used to meet the dwelling heat adequately lighted at all times with an average
requirements of this Chapter. intensity of illumination of at least one foot candle at
principal points such as angles and intersections of
(2) No inverted or open flame corridors and passageways,stairways,landings of
fuel burning heater shall be permitted All heating stairways,landings of stairs and exit doorways,and at
devices or appliances shall be of an approved type. least V2-foot candle at other points.Measurement of
illumination shall be taken at points not more than 4
(C) When the owner or operator of a feet above the floor.
residential rental property has agreed to furnish heat,
and the outside temperature is below 68 degrees 14.16.280 Ceiling Heights.
Fahrenheit,all dwelling units on the property shall
be furnished with heat sufficient to maintain a Habitable rooms in existing buildings shall
temperature of not less than 68 degrees Fahrenheit at a have a clear ceiling height of at least 7 feet 6 inches
height of 3 feet from the floor,between the hours of except as follows:
7:00 a.m. and 10:30 p.m.
(A) In basements,the ceiling height may
14.16.270 Electrical System,Outlets,and be a minimum of 6 feet 8 inches except under
Lighting. encroachments such as pipes,ducts,and beams,where
ceiling height may be a minimum of 6 feet. Such
All buildings used for residential purposes encroachments shall not occupy more than 10 percent
shall be connected to an approved source of electric of the room area,unless they are within 2 feet of the
power.Every electric outlet and fixture shall be room walls.
maintained and safely connected to an approved
electrical system. The electrical system shall not (B) In attics and half-stories,the ceiling
constitute a hazard to the occupants of the building by height may be a minimum of 6 feet 8 inches over an
reason of inadequate service, improper fusing, area at least 6 feet wide and at least 10 feet long,
14-16-112
TIGARD MUNICIPAL CODE
provided that the ceiling height is at least 5 feet 14.16.300 Overcrowding.
over an area at least 10 feet wide and 10 feet long.
No dwelling unit shall be permitted to be
(C) These exceptions to the current overcrowded. A dwelling unit shall be considered
building codes shall not apply where any occupancy overcrowded if there are more residents than one plus
has been changed,or the occupant load has been one additional resident for every 100 square
increased, contrary to the provisions of this Chapter. feet of floor area of the habitable rooms in the dwelling
unit.
14.16.290 Sleeping Room Requirements.
14.16.310 Emergency Exits.
Every room used for sleeping purposes:
(A) Every sleeping room shall have at
(A) Shall be a habitable room as defined least one operable window or exterior door approved
in this Chapter; for emergency escape or rescue that is openable from
the inside to a full clear opening without the use of
(B) Shall not be a kitchen; special knowledge,effort,or separate tools. Windows
used to meet this requirement shall meet the size and
(C) Shall have natural light,ventilation, sill height requirements described in 14.16.170(D).All
and windows or other means for escape purposes as below grade windows used to meet this requirement
required by this Chapter;and shall have a window well the full width of the window,
constructed of permanent materials with a 3 foot
(D) Shall comply with the following clearance measured perpendicular to the outside wall.
minimum requirements for floor area: The bottom of the well may not be more than 44 inches
below grade.
(1) Shall have a minimum area
of at least 70 square feet of floor area,except that (B) Required exit doors and other exits
where more than two persons occupy a room used for shall be free of encumbrances or obstructions that
sleeping purposes,the required floor area shall be block access to the exit.
increased at the rate of 50 square feet for each person
in excess of two. No portion of a room measuring less (C) All doorways,windows and any
than 5 feet from the finished floor to the finished device used in connection with the means of escape
ceiling shall be included in any computation of the shall be maintained in good working order and repair.
room's minimum area.
(D) In addition to other exit
(2) Any dwelling or portion of requirements, in hotels and apartment houses:
any dwelling constructed pursuant to permit or
lawfully constructed prior to permit requirements shall (1) All fire escapes shall be
be deemed in compliance with respect to sleeping room kept in good order and repair and painted so as to
area provided that the deficiency in floor area is no prevent corrosion of metal, in a manner approved by
more than 15 percent of that required by Subsection the Fire Marshal.
14.16.290(D)(1).This subsection shall not apply
where any occupancy has been changed,or the number (2) Every fire escape or
of occupants has been increased,contrary to the stairway, stair platform,corridor or passageway which
provisions of this Chapter. may be one of the regular means of emergency exit
from the building shall be kept free of encumbrances
(3) Floor area requirements for or obstructions of any kind
single-room occupancy housing units shall be in
accordance with Section 14.16.370 of this Chapter. (3) Where doors to stair
enclosures are required by City code to be self-closing,
14-16-122
TIGARD MUNICIPAL CODE
the self closing device shall be maintained in good (A) When paint is applied to any surface
working order and it shall be unlawful to wedge or of a residential structure, it shall be lead-free.
prop the doors open.
(B) Residential property shall be free of
(4) Windows leading to fire dangerous levels of hazardous materials,
escapes shall be secured against unwanted entry with contamination by toxic chemicals, or other
approved devices. circumstances that would render the property unsafe.
Where a governmental agency authorized by law to
(5) Every apartment house and make the determination has verified that a property is
hotel shall have directional signs in place,visible unfit for use due to hazardous conditions on the
throughout common passageways,that indicate the property,the Property shall be in violation of this
way to exit doors and fire escapes.Emergency exit Chapter. Any such property shall remain in violation
doors and windows shall be clearly labeled for their of this Chapter until such time as the agency has
intended use. approved the abatement of the hazardous conditions.
The Building Official may order such property vacated
14.16.320 Smoke Detectors. pursuant to Section 1.16.150 of this Code.
((UNCERTAIN REFERENCE TO VACATION
Smoke detectors shall be required in all CODE))
buildings where a room or area therein is designated
for sleeping purposes either as a primary use or use on (C) No residential property shall be used
a casual basis. Smoke detectors shall be installed in the as a place for the storage and handling of highly
immediate vicinity of the sleeping rooms and on each combustible or explosive materials or any articles
additional story of the dwelling,including basements which may be dangerous or detrimental to life or
and attics with habitable space. All detectors shall be health.No residential property shall be used for the
approved,shall be installed in accordance with the storage or sale of paints,varnishes or oils used in the
manufacturer's instructions and shall be operable. making of paints and varnishes,except as needed to
maintain the dwelling.
14.16.330 Fire Safety Conditions for
Apartment Houses and Hotels of (D) Residential property shall be kept
More Than Two Stories. free of friable asbestos.
In addition to other fire safety requirements of this 14.16.350 Maintenance of Facilities and
Chapter,hotels and apartment houses of more than two Equipment.
stories in height shall meet the following requirements:
In addition to other requirements for the
(A) Minimum fire safety standards shall maintenance of facilities and equipment described in
be as provided in Appendix Chapter 12 of the State of this Chapter:
Oregon Structural Specialty Code, 1979.
(A) All required facilities in every
(B) Residential High Rise Buildings dwelling shall be constructed and maintained to
constructed in accordance with Section 14.04 of this properly and safely perform their intended function.
Code shall maintain all the required fire and life safety
systems and equipment in good repair and working (B) All non-required facilities or
order. Upon request of the Building Official the owner equipment present in a dwelling shall be maintained to
shall produce proof that required fire and life safety prevent structural damage to the building or hazards of
systems are fully operational. health, sanitation, or fire.
14.16.340 Hazardous Materials. 14.16.360 Swimming Pool Enclosures.
14-16-13-2
TIGARD MUNICIPAL CODE
Each swimming pool not totally enclosed by a setting standards for cooking appliances. Cabinets over
structure shall be enclosed by a substantial fence at cooking surfaces shall be 30 inches above the cooking
least 4 feet in height and equipped with a self-closing surface,except that this distance may be reduced to 24
and latching gate except where bordered by a wall of inches when a heat shield with 1 inch airspace and
an adjacent structure at least 4 feet in height.No extending at least 6 inches horizontally on either side
swimming pool shall be nearer than 3 feet from any lot of the cooking appliance is provided. Cooking
line,and no enclosing fence or wall shall be appliances are limited to two cooling elements or
constructed nearer than 3 feet to the outer walls of the burners and located with at least a 6-inch clear space in
swimming pool. The lot line shall be as defined in all directions from the perimeter of the cooking
Title 18 of City code. element or burner. In lieu of two-burner cooking
appliances,standard third-party tested and approved
14.16.370 Special Standards for Single-Room ranges with ovens are acceptable,provided that the
Occupancy Housing Units. units are fixed and hard-wired or have single dedicated
In addition to meeting requirements for connections;
residential structures defined elsewhere in this
Chapter,hotels containing single-room occupancy (4) All cooking appliances
housing units shall comply with the following: shall be installed under permit from the City; and
(A) The unit shall have at least 100 (5) All cooking appliances
square feet of floor area,except that any single-room shall be installed so as to provide a minimum clear
occupancy housing unit constructed pursuant to permit work space in front of the appliance of 24 inches.
or lawfully constructed prior to permit requirements
shall be deemed in compliance with respect to floor 14.16.380 Dangerous and Derelict Structures,
area provided it has at least 85 square feet of floor area. Generally.
This exception shall not apply where any occupancy
has been changed or increased contrary to the No property shall contain any dangerous
provisions of this Chapter. structure or derelict building as described in this
chapter. All such structures shall be repaired or
(B) Either a community kitchen with demolished.
facilities for cooking,refrigeration,and washing
utensils shall be provided on each floor,or each 14.16.390 Derelict Buildings.
individual single-room occupancy housing unit shall
have facilities for cooking,refrigeration and washing (A) A derelict building shall be
utensils. In addition,facilities for community garbage considered to exist whenever any building, structure,or
storage or disposal shall be provided on each floor. portion thereof which is unoccupied meets any of the
following criteria or any residential structure which is
(C) Where cooking units are provided in at least 50%unoccupied meets any of the following
individual single-room occupancy housing units,they criteria:
shall conform to the requirements set forth below.
(1) Has been ordered vacated
(1) All appliances shall be by the Building Official pursuant to Chapter 1.16;
hard-wired and on separate circuits or have single ((UNCERTAIN CODE REFERENCE))
dedicated connections;
(2) Has been issued a
(2) All cooking appliances correction notice by the Building Official pursuant to
shall be fixed and permanent; Section 1.16.120 or 1.16.130;
((UNCERTAIN CODE REFERENCES)))
(3) The Mechanical Specialty
Code,as adopted by Section 14.04 shall be used for (3) Is unsecured;
14-16-14-
------------
TIGARD MUNICIPAL CODE
(1) Whenever any portion of a
(4) Is boarded; structure has been damaged by fire,earthquake,wind
flood,or by any other cause,to such an extent that the
(5) Has,while vacant,had a structural strength or stability is materially less than it
nuisance abated by the City pursuant to this Chapter. was before such catastrophe and is less than the
((UNCERTAIN CODE REFERENCE)) minimum requirements of Chapter 14.04 for new
buildings of similar structure,purpose,or location;or
(B) Any property which has been
declared by the Building Official to include a derelict (2) Whenever appendages
building shall be considered in violation of this including parapet walls,cornices, spires,towers,tanks,
Chapter until: statuaries,or other appendages or structural members
which are supported by,attached to,or part of a
(1) The building has been building,and which are in a deteriorated condition or
lawfully occupied; otherwise unable to sustain the design loads which are
specified in Chapter 14.04.
(2) The building has been
demolished and the lot cleared and graded under (C) Buckled or leaning walls,structural
building permit,with final inspection and approval by members. Whenever the exterior walls or other
the Building Official,or vertical structural members list,lean,or buckle to such
an extent that a plumb line passing through the center
(3) The owner has of gravity does not fall inside the middle one-third of
demonstrated to the satisfaction of the Building the base.
Official that the property is free of all conditions and in
compliance with all notices listed in the definition of a (D) Vulnerability to earthquakes,high
derelict building in this Section,and an additional year winds.
has passed without a recurrence of any of those listed
conditions or notices. (1) Whenever any portion of a
structure is wrecked,warped,buckled,or has settled to
14.16.400 Dangerous Structures. such an extent that walls or other structural portions
have materially less resistance to winds or earthquakes
Any structure which has any or all of the than is required in the case of similar new
following conditions or defects to the extent that life, construction;or
health,property,or safety of the public or the
structure's occupants are endangered,shall be deemed (2) Whenever any portion of a
to be a dangerous structure and such condition or building,or any member, appurtenance,or
defects shall be abated pursuant to Section 14.16.4 10 ornamentation of the exterior thereof is not of
and of the City Code. sufficient strength or stability,or is not so anchored,
((UNCERTAIN CODE REFERENCE)) attached or fastened in place so as to be capable of
resisting a wind pressure of one half of that specified in
(A) High loads. Whenever the Chapter 14.04 for new buildings of similar structure,
stress in any materials,member,or portion of a purpose,or location without exceeding the working
structure,due to all dead and live loads,is more than stresses permitted in Chapter 14.04 for such buildings.
1-1/2 times the working stress or stresses allowed in
Chapter 14.04 for new buildings of similar structure, (E) Insufficient strength or fire
purpose,or location. resistance. Whenever any structure which,whether or
not erected in accordance with all applicable laws and
(B) Weakened or unstable structural ordinances:
members or appendages.
(1) Has in any non-supporting
14-16-152
TIGARD MUNICIPAL CODE
part, member,or portion, less than 50 percent of the after the demolition or destruction of the
strength or the fire-resisting qualities or characteristics structure;
required by law for a newly constructed building of like
area, height,and occupancy in the same location;or (I) Fire hazard. Whenever any
structure is a fire hazard as a result of any cause,
(2) Has in any supporting part, including but not limited to: Dilapidated condition,
member,or portion less than 66 percent of the strength
deterioration,or damage; inadequate e,xits;lack of
or the fire-resisting qualities or characteristics required sufficient fire-resistive construction;or faulty electric
by law in the case of a newly constructed building of wiring,gas connections,or heating apparatus.
like area, height,and occupancy in the same location.
(n Other hazards to health, safety,or
(F) Risk of failure or collapse. public welfare.
(1) Whenever any portion or (1) Whenever,for any reason,
member or appurtenance thereof is likely to fail,or to the structure,or any portion thereof, is manifestly
become disabled or dislodged,or to collapse and unsafe for the purpose for which it is lawfully
thereby injure persons or damage property;or constructed or currently is being used;or
(2) Whenever the structure,or (2) Whenever a structure is
any portion thereof,is likely to partially or completely structurally unsafe or is otherwise hazardous to human
collapse as a result of any cause,including but not life, including but not limited to whenever a structure
limited to: constitutes a hazard to health,safety,or public welfare
(a)Dilapidation, by reason of inadequate maintenance,dilapidation,
deterioration,or decay; unsanitary conditions,obsolescence,fire hazard,
disaster,damage,or abandonment.
(b)Faulty construction;
(K) Public nuisance.
(c)The removal, movement,
or instability of any portion of the ground necessary (1) Whenever any structure is
for the purpose of supporting such structure;or in such a condition as to constitute a public nuisance
known to the common law or in equity jurisprudence;
(d)The deterioration,decay, or
or inadequacy of its foundation.
(2) Whenever the structure has
(G) Excessive damage or deterioration. been so damaged by fire,wind,earthquake or flood or
Whenever the structure exclusive of the foundation: any other cause,or has become so dilapidated or
deteriorated as to become:
(1) Shows 33 percent or more
damage or deterioration of its supporting member or (a) An attractive
members; nuisance,or
(2) 50 percent damage or (b) A harbor for
deterioration of its non-supporting members;or vagrants or criminals.
(3) 50 percent damage or (L) Chronic dereliction. Whenever
deterioration of its enclosing or outside wall coverings. a derelict building,as defined in this Chapter, remains
unoccupied for a period in excess of 6 months or
(I� Demolition remnants on site. period less than 6 months when the building or
Whenever any portion of a structure, including unfilled portion thereof constitutes an attractive nuisance or
excavations, remains on a site for more than 30 days hazard to the public.
14-16-16-
TIGARD MUNICIPAL CODE
(C) Hotels: $160,plus$5 for each
(NQ Violations of codes, laws. Whenever dwelling unit in excess of five.
any structure has been constructed,exists,or is
maintained in violation of any specific requirement or
prohibition applicable to such structure provided by the 14.16.440 Occupancy of Residential Property
building regulations of this City,as specified in After Notice of Violation.
Chapter 14.04 or any law or ordinance of this State or
City relating to the condition,location,or structure or (A) If a notice of violation of sections
buildings. 14.16.080 through 14.16.370 or 14.16.380 through
14.16.400 has been issued,and if the affected
14.16.410 Abatement of Dangerous Structures. dwelling unit(s)is or becomes vacant,it shall be
All structures or portions thereof which are unlawful to reoccupy or permit re-occupancy
determined after inspection by the Building Official to of the unit(s)for residential purposes until the
be dangerous as defined in this Chapter are hereby necessary permits are obtained,corrections
declared to be public nuisances and shall be abated by made,and permit inspection approvals given or until a
repair,rehabilitation,demolition,or removal in notice of compliance has been issued by the City.
accordance with the procedures specified herein. If the
Building Official determines that a structure is (B) Notwithstanding Subsection
dangerous,as defined by this Chapter,the Building 14.16.440(A),the Building Official may permit re-
Official may commence proceedings to cause the occupancy of the dwelling unit if in the Building
repair,vacation,demolition,or warehousing of the Official's opinion,all fire and life safety hazards have
structure. been rectified
((UNCERTAIN CODE REFERENCE))
14.16.450 Illegal Residential Occupancy.
14.16.420 Inspections Required When a property has an illegal residential occupancy,
including but not limited to occupancy of tents,
All buildings,structures,or other campers,motor homes,recreational vehicles,or other
improvements within the scope of this Chapter and all structures or spaces not intended for permanent
construction work for which a permit is required shall residential use or occupancy or spaces constructed or
be subject to inspection by the Building Official in the converted without permit,the use shall be abated or the
manner provided by this Chapter and Titles 18 and structure brought into compliance with the present
14—. regulations for a building of the same occupancy.
14.16.460 Interference with Repair,
14.16.430 Fee-paid Inspections for Demolition,or Abatement
Residential Structures. Prohibited.
Requested inspections that are not part of the City's It is unlawful for any person to obstruct,
code enforcement program will be made as soon as impede,or interfere with any person lawfully engaged
practical after payment to the Building Official of the in:
fee specified below:
(A) The work of repairing,vacating,
(A) Single and two family dwellings: warehousing,or demolishing any structure pursuant to
$100. the provisions of this Chapter,
(B) Apartment houses: $160,plus$7 for (B) The abatement of a nuisance
each dwelling unit in excess of three. pursuant to the provisions of this Chapter,or
((UNCERTAIN CODE REFERENCE))
14-16-17-2
------------------
TIGARD MUNICIPAL CODE
(C) The performance of any necessary
act preliminary to or incidental to such work as
authorized by this Chapter or directed pursuant to it.
14-16-182
13/470 Building Department Adminlstrstlod? Building Rehat
standards essential to make dwellings safe, sanitary,and fit for human habits.7. American Publ.
tion by governing the condition and maintenance, the supplied utilities and" `. posed Housing
facilities,and the occupancy such legislation
Housing codes are different from building and other construction codes in - housing codes e
that the latter codes are enforced primarily through a system of permits-- - enacted it with
permits that are granted after plans and specifications have been submitted and ``< modifying othe,
evaluated and which are subject to inspection. The governmental agency has basic document
full control of the situation through its power to issue and withhold the required Winslow and D
permits. - was used in its c
Another difference between housing codes and building codes is identified in That year th
the following way: "Building and construction codes regulate primarily how Service's Natio:
you shall build; housing codes regulate how you shall live." Building and job of rewriting
construction codes are basically technical standards dealing with inanimate _ "APHS-PHS F
objects. On the other hand,because housing codes regulate how people may �ce,1•
live,there are important social, economic, cultural and psychological aspects -
In the ensuri;
which pertain not only to the basic standards but also to the administration and developed to th
application of the provisions of the code. the American I
tional Center f
-. rewriting and
"APHS-PHS I
The Housing Code nance,"is the n
of the several rr
Any housing code,regardless of who promulgates it,is basically an environ- are interested ii
mental health-protection code.The hygiene of housing,correspondingly,is that One must key
area of environmental health which deals with peoples' most intimate living the code is,as s
environment—their home and their neighborhood. Into the fabric of housing each element
hygiene are woven a wide variety of health,safety,economic social and political community.As
factors. - an end.The ens
Early housing codes primarily considered protecting only peoples' physical the home and t
health;hence,they were enforced only in slum areas.More recently the realiza- adopts an inadt
tion has been made that if urban blight and its associated human suffering are to
be controlled,the housing cods mint consider bo phsrsicaLand mental health Objectives o
and must be administered uniformly throughout the community. The Housing
In preparing or revising the housing code,local officials must maintain a level housingro
gr
of standards which will not merely be"minimal."These standards should serve \ producon of
to maintain a living environment which contributes positively to healthful defined anew
individual and family living. The fact that a small portion of housing fails to security of tht
meet a desirable standard is hardly a legitimate reason for retrogressive modifi- require a dere
cation or abolition of a standard. A housing code is merely a means to an end. family."The r
The end is the eventual elimination of all substandard conditions within the residential en,
home and neighborhood.This end cannot be reached if the community adopts mental health;
an inadequate housing code.The adoption of a housing ordinance which estab- economic, pol
lishes low standards for existing housing serves only to legalize and perpetuate public agencit
the existence of an unhealthy living environment.Wherever local conditions are r„ sought ways to
such that immediate enforcement of some standards within the code would T did not deprec
cause undue hardship upon some individuals, it is better to provide a time It soon beci
tinterval forcompliance than it is to eliminate an otherwise satisfactory standard. ordinances tht
pancy of dwel
Background of Housing Codes in the United States 'housing cod
standards esse
To assist municipalities with the development of legislation necessary to by governing t
regulate the quality of housing, the Committee on the Hygiene of Housing, and the Occup
1202.23 Group H Occupancies. Due to the hazardous nature tablished by the American Conference of Industrial Hygienist
of dusts,mists,fumes,vapors and gases which may be emitted (ACIH),including a threshold limit value(TLV)established b}
by hazardous materials,Group H Occupancies are generally re- ACIH for carbon monoxide of 50 parts per million, with peak
quired to have special mechanical ventilation systems.The spe- of 200 parts per million for short duration. The threshold limit
cial requirements for these systems are established in Chapter 5 value is the concentration which an individual can tolerate bases
of the Mechanical Code and Section 8003.1.8 of the Fire Code. on a continuous exposure during an eight-hour working day.Oc.
It should be noted that there are some cases,such as storage of casional occupants may safely be exposed to higher concentra.
flammable solids(see U.F.C.Section 8003.1.8)which do not re- tions for short periods of time.
quire special mechanical ventilation.It should also be noted that Garages where vehicles are frequently in operation and ma
the Fire Code contains additional provisions requiring exhaust tion require large-capacity ventilation systems.Tests conductec
from areas containing toxic and highly toxic gases to be pro- on 1970-year model automobiles indicated that the average car
cesseu through a treatment system prior to discharging to the at- ben monoxide emission rate of vehicles operating under low
mosphere. speed garage conditions is approximately 0.7 cubic foot pa
Ventilation systems required for control of hazardous dusts, minute(0.33 Us).The maintenance of a concentration of carbon
mists, etc., are required to operate continuously. The code re- monoxide at 50 parts per million requires that the ventilation
quires an emergency shutoff control to be installed outside of system exhaust 14,000 cubic feet per minute(6608 Us)for east
ventilated areas as an emergency means of disengaging the ven- automobile in operation.The number of cars in operation at an!
tilation system to prevent escape of hazardous materials to at- given time is a variable determined by the use of the garage
mosphere if deemed necessary.Though the code intends to re- method of collecting parking fees,and the size and shape of the
quire ventilation to be in operation at all times, requests for garage.Most garages will have an average instantaneous move
alternate methods of compliance are common for buildings lo- ment rate of from 2 to 4 percent of capacity with peak levels o
cated in severe climates. Jurisdictions will sometimes accept from 5 to 20 percent for apartments and shopping centers.Th
ventilation systems which will operate on detection of small peak levels for office buildings are from 10 to 40 percent.Peal
quantities of vapors,gases,etc.,in the protected area as an alter- loads for theater and sports arena area parking garages can rw
nate method. Systems of such an alternate design must be reli- as high as 90 percent. The exhaust quantities specified in th,
ably designed and operated in a manner which prevents hazard- code are adequate for instantaneous movement rates of 3.2 per
ous concentrations of vapors, gases, etc., from accumulating. cent and short-term peaks of 13 percent.However,in an excep
Since there are no provisions in the code which specifically al- tion to this provision, added in the 1991 U.B.C., mechanics
low such a design,detection-activated ventilation systems must ventilation of a Group S,Division 3 parking garage is not neces
be approved by jurisdictions on a case-by-case basis. sary when openings that comply with the provisions for Grou
S,Division 4 open parking garages are provided.In this case,th
1202.2.4 Group H,Division 4 Occupancies. Group H, Divi- ventilation will be provided by natural means.
sion 4 Occupancies do not have the concentrated movement of
vehicles normally found in Group S, Division 3 Occupancies;
therefore, the requirements in Section 1202.2.4 do not specify SECTION 1203—LIGHT AND VENTILATION IN
the same volume of exhaust ventilation as is required for GROUP R OCCUPANCIES
Group S.Division 3 Occupancies.Section 1202.2.4 requires ex- The light and ventilation requirements in this section of th
haust ventilation at a rate of 1 cubic foot per minute per square
foot (0.044 Us/m )of floor space,and as indicated in the nex U.B.C.and,in fact,in other model codes as well,are carryover
section of this handbook, this is the amount recommended by from the beginning of this century when conditions in tenemer
American Society of Heating,Refrigerating and Air-Condition- houses were pitiful at best and downright unhealthy in mo:
ing Engineers(ASHRAE)Standard 62,"Ventilation for Accept- cases. As a result, New York City, for example, developed i
able Indoor Air Quality." � `"Tenement House Law"in 1901,which later became known
the "Multiple Dwelling Law." This law was specifically it
This section also requires engine repair stalls to be equipped tended to ameliorate the unsanitary and unhealthful conditior
with exhaust connections and requires connecting offices an existing in the tenement houses of that period. Thus, require
waiting rooms to be equipped with conditioned air under poli menu for light and ventilation, room size, ceiling height.etc
live pressure to minimize migration of vehicle exhaust into the were created. As other agencies, such as ICBO's predccessn
spaces. the Pacific Coast Building Officials Conference, develops
The exception allows buildings with substantial openings, building regulations, these requirements carried over from tt
such as canopy-style or similar buildings,to omit power-venti- New York Tenement House Law and found their way into oth,
sating equipment. codes.These requirements have been modified somewhat ovi
the years and expanded,but the intent today is the same as It
1202.2.7 Group S parking garages. In the specific case of original intent,which is to provide healthful,livable conditio,
parking garages, the code has ventilation requirements which in residential buildings.
arc based in part on ASHRAE standards, which recommend 1 t The Uniform Building Code requires that habi
ventilation of from I to 11/2 cubic feet per minute per square foot able rooms(which are rooms used for living,sleeping and foe
(0.044 Us/m2 to 0.71 Us/m-)of floor space,depending on the preparation, as defined in Section 209) have natural light P11number of vehicles in motion at any given time. vided by exterior wall openings. The area of the exterior w,
The requirement for 11/2 cubic feet per minute per square foot openings is computed based on the nominal size of the openil
(0.71 LJs/m'-)of floor area can be modified based on criteria es- and not the net glazed area for windows and fully glazed door
232
The 03 Zone: Environmental Health Consultations - Light Solutions Page i of 3
i A
Natural Light
The Language of The
Brain
Light is a nutrient, much like food. The
Incandescent Light Bulbs light we take in through the optic path
has direct effect on the endocrine,
These are the least detrimental. nervous and immune systems. Light
, sends messages to the brain and
The new "energy say �t1-„ nutbs balances out circadian rhythm. Without
may save energy but they don't
save vour EYES. Their color high quality light, the messages are
spectnim delP ery is unbalanced. garbled, incomplete and ultimately
stressful to the entire system. In the
Fluorescent Lighting work place, natural lighting and full
spectrum artificial light has been proven
to increase productivity, reduce sick
This type ofli<uhtin�u, is t4eneralh time, improve the general feeling of
Me ,�crst, because the duality of well-being and give a more normal and
the bulbs isso poor and e�ctremei� natural rendering of color to art,
Sr re V6 Cd on the color renderint7 furnishings and interiors.
scale. dost people think it is the
,`act that they are rluoresc;.nt. but Quality light can make a big difference
I t is acniall-y the pour duaiitV Of in your general mood and reduce
the li:jht produc:.cl. eyestrain considerably. The cleanest
light (meaning a light source that
provides a balanced spectrum of all
colors) comes from the sun. Therefore,
the more outside and natural light you
can get, the better. Artificial light that
has a balanced spectrum provides a light
source that is more beneficial to the
body.
Clean Light
http://www.enviro.orgilight.htmi 4/30/98
Health Weekly News rage i et t
k
- HEAL
.
January 19, 1998
NEW PRODUCT
Light Up
Seasonal Affective Disorder(SAD) will affect millions of people this winter. As the days
grow shorter, decreased daylight causes a hormonal imbalance leading to depression. Many
SAD sufferers can be therapeutically treated simply and easily with bright light therapy.
Natural sunlight and light therapy can help reestablish the body's circadian rhythm, the natural
system that regulates the body's internal "clock".
To assist the body's circadian rhythms and keep serotonin/melatonin levels at the their peak,
the Ott-Light was made just for this purpose. It is not just a bulb, but an indoor source of
natural quality light that is flicker-free with electronic ballast that eliminates EMF radiation,
screws into standard light bulb sockets and is rated 10,000 hours. It is rated to last 10 times
as long as light bulbs and fits most incandescent fixtures.
There is also the Ott Light Task Lamp for use with computers, and 4-foot long fluorescent
tubes for large areas, greenhouses and workshops.
For ordering information and prices, call Envirommnetal Lighting Concepts, Inc. at (800)
842-8848.
inw PRODUCT I NEWS CABINET
HEALTH VILLAGE HOME I NATURAL LAND HOME
Ci�rialU Z'19%EGR"Pubiiciu ms
All Rights Reserved.
http://www.naturalland.com/hv/hnews/cab/npl 19.htm 4/30/98