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Ordinance No. 05-06 CITY OF TIGARD, OREGON ORDINANCE NO. 05- AN ORDINANCE ADOPTING THE SPECIALTY CODE NAME CHANGE, SECTIONS AN109.4.2 THROUGH AN109.4.3 OF SUCH SPECIALTY CODE - ALTERNATE FIRE SPRINKLER SYSTEM REQUIREMENTS, AND INCLUDING DEMOLITION IN THE SCOPE OF THE ADOPTED SPECIALTY CODES. WHEREAS,the State of Oregon has adopted a new residential specialty code on April 1, 2005; and WHEREAS, Oregon Administrative Rule 918-001-0006 has changed the name from the Oregon 1&2 Family Dwelling Specialty Code to the Oregon Residential Specialty Code; and WHEREAS, the scope of this code has expanded to include some apartment buildings within a narrow scope;and WHEREAS, some apartment buildings regulated by this code are permitted to be non-sprinklered; and WHEREAS, Sections AN109.4 and AN109.4.1 grants authority to the local jurisdiction to adopt the Alternate Fire Sprinkler System Requirements of AN109.4.2 through AN109.4.3; and WHEREAS, the previous building code regulating these structures required the same level of fire sprinkler protection as required by this new code; and WHEREAS, it is necessary to adopt these provisions so as not to reduce the level of fire safety for these buildings; and WHEREAS,the State of Oregon has removed demolition from the scope of the codes; and WHEREAS, local jurisdictions are granted authority by the State of Oregon to write their own administrative procedures; and WHEREAS, it is deemed necessary that the City of Tigard require permits for demolition of structures to verify abatement of sanitary, electrical, erosion control and life safety issues, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The City of Tigard adopts the specialty code name change from the Oregon 1&2 Family Dwelling Specialty Code to the Oregon Residential Specialty Code as shown in Exhibit A. SECTION 2: The City of Tigard adopts the provisions of Sections AN109.4.2 though AN109.4.3 of the Oregon Residential Specicialy Code for Alternate Fire Sprinkler System Requirements as shown in Exhibit B. ORDINANCE No. 05- 0(y Page 1 SECTION 3: The City of Tigard amends Tigard Municipal Code Section 1.4.04.030 Subsection 1. to include demolition within the scoping provisions of the specialty codes as shown in Exhibit A. SECTION 4: This ordinance shall be effective immediately after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By UM )imouS vote of all Council members present after being read by number and title only,this� Lo 14J day of��; L ,2005. Caz6Z4.i" UDA-eg=,,� Catherine Wheatley, City kecorder APPROVED: By Tigard City Council this da yof ' L 2005., i Craig Dirksen,Mayor App oved as to fon City Attorney Date ORDINANCE No. 05- ©(P Page 2 EXHIBIT "A" TIGARD MUNICIPAL CODE * Str4keeuts are deleted language 1. Except as otherwise provided in * Bold underline is revised language this chapter, the following codes, standards and rules are adopted and shall be in force and effect Chapter 14.04 BUILDING CODE. as part of this Municipal Code. The provisions of these codes in addition to their individual Sections: scoping provisions found therein, shall also apply to demolition of structures, equipment 14.04.010 Title. ands stems re ulated by such codes: 14.04.020 Definitions. 14.04.030 State Codes Adopted. a. Under the authority of 14.04.040 Administration. ORS 455.150 (effective 915195), the City of 14.04.050 Repealed By Ord. 96-10. Tigard administers those specialty codes and 14.04.060 Repealed By Ord. 01-25. building requirements adopted by the state which 14.04.065 Electrical Program the City of Tigard is granted authority to Administration. administer, including: the Structural, Mechanical, 14.04.070 Occupancy Restriction PIumbing, Electrical and One and Two Famil Recordation. Dwelling Residential Specialty Codes; mobile or 14.04.090 Violation--Penalty--Remedies. manufactured dwelling parks requirements; temporary parks requirements; manufactured 14.04.010 Title. dwelling installation, support and tiedown requirements and park or camp requirements (as This chapter shall be known as the listed in ORS 455.153); building code ordinance and may also be referred to as "thus chapter," or the "building code." (Ord. b. Appendix Chapter J of 86-53 §2(Exhibit A§1), 1986). the International Building Code, as published by the International Code Council, regarding 14.04.020 Definitions. Excavation and Grading, including the recognized standards for Appendix Chapter J listed in For the purpose of Sections 14.04.010 Chapter 35 of the 2003 International Building through 14.04.090, the following terms shall Code; mean: C. Section 104.8 of the 2003 1. Building Official. 'Building International Building Code, as published by the Official' means the designee or designees International Code Council,regarding Liability. appointed by the Director of Community . Development who is responsible for building d. AN109.4.2_ through inspections and enforcement of the building code. AN109.4.3 of the State of Oregon Residential Specially Code for alternate fire sprinkler 2. State Building Code. "State system requirements. building code" means the combined specialty codes as listed in Section 14.04.030. (Ord. 86-53 §2(Exhibit A§2), 1986). 2. At least one copy of each of these specialty codes shall be kept by the Building 14.04.030 State Codes Adopted. Official and the Tigard Public Library, and shall be available for inspection upon request. (Ord. 14-04-1 SE//Code Update: 02102 TIGARD MUNICIPAL CODE 01-25, Ord. 99-04; Ord. 96-10; Ord. 93-04 §1, industrial plant electrical permits, no electrical 1993: Ord. 90-14 §1, 1990). work shall be performed unless a separate electrical permit for each separate building or 1.4.04.040 Administration. structure has first been obtained from the Building Official. I. The City shall provide a program of building code administration, including plan 2. Expiration of Permits - Permits review, permit issuing and inspection for shall expire pursuant to OAR 918-309-0000 (7). structural, electrical, mechanical and plumbing work. The program shall be administered by the 3. Validity of Permit - The issuance Building Official, under the supervision of the of a permit or approval of plans, specifications Community Development Director. The program and computations shall not be construed to be a shall operate pursuant to the state specialty codes pennit for, or an approval of, any violation of any listed in Section 14.04.030 and the remainder of of the provisions of this code or of other this chapter. ordinances of the jurisdiction. Permits presuming to give authority to violate or cancel the 2. Administration and enforcement provisions of this code or of other ordinances of of Appendix Chapter J, Excavation and Grading, the jurisdiction shall not be valid. as adopted by Section 14.04.030.1.b., shall be by the Building Official and City Engineer. Where The issuance of a pen-nit based upon the team 'Building Official" is used in Appendix plans, specifications, computations and other data Chapter J, it shall mean either the Building shall not prevent the Building Official from Official or City Engineer. thereafter requiring the correction of errors in said plans, specifications, and other data or from 3. Fees for pen-nits and other related preventing building operations being carried on services pursuant to the building code thereunder when in violation of this code or of administration program shall be established by other ordinances of this jurisdiction. resolution of the City Council. (Ord. 99-08; Ord. 96-10; Ord. 95-16; Ord. 93-04 §2, 1993: Ord. 86- 4. Revocation of Permits - The 53 §2(Exhibit A§4), 1986). Building Official may, in writing, suspend or revoke a pernnit issued under the provisions of this 14.04.050 Repealed By Ord. 96-10. chapter whenever the permit is issued in error or on the basis of incorrect information supplied or 14.04.060 Repealed By Ord. 01-25. in violation of other ordinances or regulation of the jurisdiction. 14.04.065 Electrical Program Administration. 5. Plan Review Requirements - Electrical plan reviews shall be required. Plan I. Permit Required - Except as review requirements and procedures shall be as permitted by OAR 918-261-0000 through 0036 - stipulated in OAR 918-311-0000 through 0060. electrical work exempt from permit, Subsection 14.04.065.15 of this section for minor 6. Expiration of Plan Review - installations, Subsection 14.04.065.16 of this Applications for which no permit is issued within section for temporary electrical permits and 180 days following the date of application shall Subsection 14.04.065.17 of this section for expire by limitation, and plans and other data 14-04-2 SE//Code Update: 02102 i TIGARD MUNICIPAL CODE submitted for review may thereafter be returned to percent of the pennit fee paid when no work has the applicant or destroyed by the Building been done under a pein-dt issued in accordance Official. The Building Official may extend the with this code. time for action by the applicant for a period not exceeding 180 days upon request by the applicant C. The Building Official showing that circumstances beyond the control of may authorize refunding of not more than 80 the applicant have prevented action from being percent of the plan review fee paid when an taken. No application shall be extended more application for a permit for which a plan review than once. In order to renew action on an fee has been paid is withdrawn or canceled before application after expiration, the applicant shall any plan review effort has been expended. resubmit plans and pay a new plan review fee. The Building Official shall not 7. 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 City Council. not later than 180 days after the date of fee payment. 8. Investigation Fees: Work without a Permit. 10. Right of Entry. When it is necessary to make an inspection to enforce the a. Investigation. Whenever provisions of this section or when the Building any work for which a permit is required by this Official has reasonable cause to believe that there code has been commenced without first obtaining exists in a building or upon a premises a condition said permit, a special investigation shall be made which is contrary to or in violation of this section before a permit may be issued for such work. which makes the building or premises unsafe, dangerous or hazardous, the Building Official b. Fee. An investigation may enter the building or premises at reasonable fee, in addition to the permit fee, shall be times to inspect or to perform the duties imposed collected whether or not a permit is then or by this section provided that if such building or subsequently issued. The investigation fee shall premises be occupied that credentials be presented be equal to the amount of the permit fee that to the occupant and entry requested. If such would be required by this code if a permit were to building or premises be unoccupied, the Building be issued. The payment of such investigation fee Official shall first make a reasonable effort to shall not exempt any person from compliance locate the owner or other person having charge or with all other provisions of this code nor from any control of the building or premises and request penalty prescribed by law. entry. If entry is refused, the Building Official shall have recourse to the remedies provided by 9. Fee Refunds. law to secure entry. a. The Building Official 11. Corrections and Stop Orders. may authorize the refunding of any fee paid When any work is being done contrary to the hereunder which was erroneously paid or provisions of this section, the Building Official collected. may order the work corrected or stopped by notice in writing served on any persons engaged in the b. The Building Official doing or causing such work to be done, and such may authorize refunding of not more that 80 persons shall forthwith make the necessary 14-04-3 SE//Code Update: 02102 EXHIBIT B 1. Governing language that allows local jurisdictions to adopt these sections of the Oregon Residential Specialty Code AN109.4 Alternate fire sprinkler system requirements. The requirements of this section are adopted by the State of Oregon for optional use in municipalities. ANI 09.4.1 Local adoption. The provisions of AN 109.4.2 or AN 109.4.3 apply only when specifically adopted by the local authority having jurisdiction. 2. Specific code sections that will be adopted AN109.4.2 Group R-2 occupancies. An automatic sprinkler system shall be installed throughout every apartment house regulated by this appendix chapter. Exception: Automatic sprinkler systems are not required in apartment house buildings that are not more than one story in height and do not contain a basement or mezzanine. Such buildings shall not contain more than 16 dwelling units. AN109.4.2.1 Sprinkler heads.Residential or quick response automatic sprinkler heads shall be used within the dwelling units. AN109.4.3 Alteration or damage of existing non-sprinklered low-rise residential dwellings.Where substantial alterations are made or substantial damage occurs to an existing non-sprinklered building designed and constructed under the provisions of this appendix, an approved automatic sprinkler system complying with NFPA 13D shall be installed only in the altered or damaged dwelling units. When more than 50 percent of the dwelling units within a building are substantially altered or damaged, the entire building shall be provided with a NFPA 13D sprinkler system.