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Ordinance No. 74-53 i CITY OF TIGARD, OREGON ORDINANCE AN ORDINANCE AMENDING CHAPTER 14.12 (PLUMBING CODE) OF THE TIGARD idUNICIPAL CODE ADOPTING STATE STATUTES AND REGULATIONS PRESCRIBED THEREUNDER WITH RESPECT TO INSTALLATION PLUMBING AND THE CONDUCT OF PLUMBING BUSINESS PROVIDING FOR INSPECTIONS AND ENFORCE- MENT. PRESCRIBING FEES FOR PERMITS, PROVIDING PENALTIES FOR VIOLA- TION, FIXING AN EFFECTIVE- DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Section 14.12.010 of the Tigard Municipal Code be and the same is hereby amendeu to read as follows: 14 12 010 State statutes--Adopted. ORS Sections 447.010 to 447.140, now in effect or as may hereafter be amended, and the regu- lations now prescribed by the Department of Commerce or as may here- after be amended by the Department of Commerce, pursuant to law, with respect to the regulations of plumbing facilities within the city, are adopted as the "Plumbing Code of the City of Tigard" and shah have the same force and effect as though herein recited in full, and three copies of said regulations shall be maintained at all times in the office of the city recorder and one copy in the office of the building official. Section 2: That Section 14.12.020 of the Tigard Municipal Code be and the same is hereby amended to read as follows: 14 12 020 State statutes--Journeyman plumber and plumbing business re uirement�s.-. The laws of the state of Oregon as set forth in ORS chapter and the regulations of the Department of Commerce as promulgated thereunder with respect to the definition and qualifi- cation of ",journeyman plumber" and "registration to conduct a plumbing business," and all other requirements of competency and qualifications as in ORS Chapter 693 set forth, are adopted as the definitions and required qualifications of anyone conducting plumbing work within the city as a Journeyman plumber or conducting a plumbing business within the city. Section 3: That Chapter 14.12 of the Tigard Municipal Code is hereby amended thereto to add a new section designated Section 14.12.025 reading as follows: 14.12.025 Definitions. In addition to the definitions set forth in ORS Section 44T.UIU, the following are prescribed: 1. "Alterations"means to change or modify to remove or to add to. 2. "Application" means a form to be filled out with perti- nent data when applying for a permit. 3. "Building Sewer" means that part of the piping from a building, beginning five (5) feet outside the established line of the building or structure and, which receives discharge from the building, drain or drains and carries the said discharge into a service lateral, a private sewer, a public sewer, a septic tank, a cesspool or other point of disposal. Page 1 ORDINANCE Nd! :r3 --- P!; Yi l t�F ' 1 E 4. "Plumbing Inspector" means Building Official, for the City of Tigard or his authorized representative. 5. "Duplex" means a building or structure used to house two individual single-family residence units. 6. "Existing" means that part of a plumbing installation which was in existence prior to an alteration and which is not required to be replaced by the alteration. F 7. "Exterior" means the surface area surrounding the out- side of a building or structure. 8. "Governmental Agency" means the Federal government, ail agencies of the State government, political subdivisions of the State government and all municipal corporations or districts esta- blished under law. 9. "Inspection" means careful investigation, critical examination, or official examination and review of the plumbing installation at the site of the installation. 10. "Plumbing Fixture" means any receptacle, appliance or device used or intended to be used as a part of or in connection with a plumbing installation and which receives water supplied from the water distribution system and discharges waste. 11. "Plumbing Permit" means a document granting permission to install plumbing. 12. "Private sewer line" means that portion of the sewer line extending from the property line to the building. 13. "Service Lateral" means that portion of a sewer line extending from a public sewer or a combined point of disposal to the property line. 14. "Single Family Residence Unit" means a building or struc- ture or portion thereof which is an enclosed area adapted to living purposes by one or more persons related to one another by blood or marriage. 15. "Special Waste Lines" means waste lines engineered and installed in such a way as to solve waste problems that would other- wise be present if a connection were made to an ordinary waste line and includes special lines such as an indirect waste or waste piping to receptors, corrosion resistant piping, sand, oil, gas, or grease interceptors, condensors, or pretreatment facilities. 6 "Water System" means an assemblage of plumbing components, piping and parts, to contain potable water, aiia provide a system for that portion of the water line connecting to the house service or lateral service. Section 4: That Section 14.12.030 of the Tigard Municipal Code be and the same is hereby amended to read as follows: 14.12.030 Permit--Required. It is unlawful for any person, firm or corporation, whether acting as owner, principal, servant, agent or employee, to do or cause to be done, or permit to be done, any plumbing work, or installation of any plumbing materials, whether Page 2 - ORDINANCE NO'.__T�_ interior or exterior, in connection with waste, sewer, or other facilities, through or incident to the use of which any liquid or other substance whatsoever shall be discharged into the city's sewers or into any private cesspool, septic tank, or other disposal facility, without first securing a permit from the office of the building official. Section 5: That Section 14.12.040 of the Tigard Municipal Code be and the same is hereby amended to read as follows: 14 12.040 Permit--Application. (1) The Building Official shall provide a permit fee form prescribed by the city to each applicant for a permit. The form shall require all information necessary to compute the cost of the permit and the exact location of the installation. (2) A plumbing permit issued to one person or firm is not transferable and shall not permit any other person, persons or firm to perform any plumbing work thereunder unless the new person or firm is certificated. (3) A plumbing permit shall be issued upon payment of fees as required by Section 14.12.080 and upon receipt of a completed application form bearing an authorized signature. The signature of a licensed plumbing contractor or the contractor's authorized represen- tative is required, except where plumbing work will be limited to property which is owned, leased or operated by the applicant and no work other than by the applicant or applicant's regular employees, will be undertaken. Section 6: That Section 14.12.060 of the Tigard Municipal Code be and the same is hereby amended to read as follows: 14.12.060 Permit--Certificate of competency required. No permit shall Be issued to any person to construct, install, alter, repair or change any new or existing plumbing in the city unless such person shall hold a valid journeyman plumber's certificate of compe- tency issued by the Department of Commerce and shall otherwise be qualified as a journeyman plumber as defined in ORS 693.010, pro- vided that nothing herein contained shall preclude an owner from doing his own plumbing work in his own building or on his own premises provided that he shall first obtain a permit as required by this chapter and shall comply with all provisions of the ordinances appli- eaZ)le thereto, the rules and regulations of the Department of Commerce and the State Plumbing Code as promulgated by said department. No permit shall be issued to any person, firm or organization to conduct a plumbing business in the dity unless such person, firm or organization shall have made application to the Department of Commerce and paid a registration fee to engage in the business, fur- nish labor and material, or labor only, to install, alter or repair plumbing, and any work performed pursuant to the permit shall be performed by journeyman plumber as defined in ORS 693.010. Section 7: That Section 14.12.070 of the Tigard Municipal Code be, and the same is hereby amended to read as follows: 14.12-070 Inspection and Enforcement. The building official is designated as plumbing inspector and it shall be his duty to inspect all plumbing in the city and to require that all plumbing installations conform with the provisions of this chapter. Page 3 - ORDINANCE N8.S3 . F I i is (1) Permits Required. (a) No person, firm or corporation shall do plumbing work in the City of Tigard without first obtaining a plumbing permit and paying the appropriate fees. (b) Plumbing permit fees shall be double the prescribed rate if installation 1s commenced prior to issuance of the permit, except that this provision will not apply to proven emergency instal- lations, 'n which case a permit shall be obtained within five (5) days of commencing installation. (2) Purpose of Permit. The issuance of a plumbing permit; is neucbaa.ry to facili= tate inspections and to defray the cost of inspections. The permit shall not be construed to be an approval of any deviations of any of the provisions of the statutes or of this code. The issuance of a permit shall not prevent the Building Official from thereafter requir- ing the correction of errors in sums due for the permit, in instal- lations or in requiring the work to be done only by those authorized by law. (3) Notice Required for Inspections. No plumbing installation shall be covered or concealed without first obtaining the approval of the Building Official. The Building Official shall have at least forty-eight (48) hours, excluding Saturdays, Sundays and holidays, after notifi- cation that the work is ready for inspection, in which to make the following inspections: (a) New construction or remodeling (1) A rough-in inspection prior to placement of any concrete, cover, or backfill, or prior to placement of sub-flooring if frame construction, must be requested by the permittee. (2) A cover inspection when all plumbing rough-in is in place prior to being covered. (3) A final inspection Just prior to the building or remodeling area being occupied. (b) Replacement of fixtures (no new construction or remodeling connected therewith). A final inspection of the plumbing fixtures as installed. (c) Other inspections. In addition to inspections required to be obtained by the permittee as specified above, the Building Official may require other plumbing inspections to ascertain compliance with the provisions of statutes or rules. (4) Correction notice for violations. All deviations from the requirements of the state statutes or regulation or of this code shall be specified in writing by the inspector and a copy furnished to the permittee. An additional Page 4 - ORDINANCE 2;0'. , _ a copy may be posted at the site of the installation or mailed or delivered to the permittee or his agent at the address shown on the permit. The Building Official may provide information as to the mean- ing or application of the statutes and rules, but shall not design or lay out work for contractors, owners or users. Refusal, failure or neglect to correct deviations from the minimum standards specified in the notice within ten (10) days of receipt or of posting of the notice of violations shall be considered a separate violation. Should any person served by such notice fail or refuse to comply with such orders within the time specified, or fail to in good faith undertake to comply therewith, such fact shall be reported by the building official to the City Council for further action. (5) Enforcement (a) Right of entry. Whenever necessary to make inspection to enforce any of the provisions of this chapter or of the state statutes or regulations thereunder, or whenever the building official has reasonable cause to believe that in any building or upon any premises plumbing work is being installed or which has been installed after the effective date of this chapter, in violation hereof, the building official may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by statute or rules; provided that if such building or premises be occupied, he shell first present proper credentials and request entry, and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If Such entry is refused, the building official shall have recourse by law to secure entry. No owner or occupant or any other person having cherge, care, custody, supervision or control of any building or premises shall fail or neg- lect after proper request is made as herein provided, to properly per- mit entry therein or thereon by the building official for the purpose of inspection and examination pursuant to statute and this chapter. (b) Stop orders. Whenever any plumbing installation is being made contrary to the provisions of ORS Chapter 447 and the regulations promulgated thereunder or of this code, the building official may order the install- ation stopped by notice in writing served on any person engaged in causing such .installation to be made, or by posting a copy thereof at the site of the installation and thereafter no person shall pro- ceed with the installation until authorized to proceed by the building official. Section 8: That Section 14.12.080 of the Tigard Municipal Code be and the same is hereby amended to read as follows: 14.12.080 Schedule of Fees. t SINGLE FAMILY RESIDENCE UNIT GROUP FIXTURE FEES r For each single-family residence for the first bathroom, kitchen sink, hot water heater, water service, building sewer, and laundry facilities.................................$25.00 x F f i 2 PAGE 5 - ORDINANCE N0� 53 e, n i For each single-family residence unit of a duplex for the first bathroom, kitchen sink, hot water heater, water service, building sewer, and laundry facilities in each unit......$25.00 For each additional bathroom or portion thereof in a single- family residence unit.. .......... .... ....................$10.00 For remodeling or alterations made in existing single-family residence units, the fee shall be based on an individual fixture fee and miscellaneous fee charge. For all other plumbing installations having a sanitary waste or potable water supply, there shall be charged fees as stipulated in the indi"iau al fjxt,�,__ fee -rd mis_ellanen>>G fee schedules contained herein: INDIVIDUAL FIXTURE FEES From 1 to 50 fixtures in the same building........ .............. $3.00 ea. fixture Each additional fixture above 50 to and including 100 $2.50 ea. fixtures in the same building..........,.•••••••"""' fixture Each additional fixture above 100 to and including 200 $2.50 ea. fixtures in the same building.... .... ..... .............. fixture For each additional fixture above 200 in the same building.. .............................................. ea. fixture For each building sewer from the building.... . ... ............... $10.00 For each water service to the building... ........ ............... $ 5.00 A fixture fee shall be charged for each of the following: Sewage Ejector Pump and Sump Pump Backflow Prevention Devices and Anti-Pollution Devices Any trap or waste not connected to a fixture Special waste connections Each roof drain opening or downspout drain connection ADDITIONAL MISCELLANEOUS FEES AND REFUNDS (1) For private sewers connecting to the building sewer and/or pressure sewer, there shall be charged an inspection fee of $10.00 per 100 feet or any portion thereof. (2) For private water systems connected to the building water system, there shall be charged an inspection fee of $10.00 per 100 feet or any portion thereof. (3) The fee to a governmental agency shall be determined by the provisions set forth under ORS 190.003 to 190.110 for the purpose of carrying out the.:respective respon- sibility of each agency and the fee shall be $15.00 per hour for each hour or any part thereof. (4) The fee to any person or governmental agency for spec- ially request inspections or surveys shall be $15.00 per hour for each hour or any portion thereof. Page 6 - ORDINANCE NO. b„ (5) A five dollar ($5) reinspection fee shall be charged for inspection of violations found by the building official after the second inspection. (6) A partial refund of fees may be approved by the build- ing official upon written request of the permit holder within sixty (60) days from the date the permit was issued and prior to commencement of any work authorized by the permit. A service charge of ten dollars ($10) will be retained by the city. Section 9: That Section 14.12.090 of the Tigard Municipal Code be and the same is hereby amended to read as follows: 14.12.090 Penalty for violation (a) Violation of any of the provisions of this chapter with- in the purview of ORS Sections 447.010 to 447.140 or of the regula- tions issued by the Statc Department of Commerce pursuant to ORS Sections 447.010 to 447.140, or any lawful order issued by the state, county, or municipal health officer pursuant to ORS Section 447.010 to 447.140 may be punished upon conviction as for "Class All misdemeanor. (b) Violation of any of the foregoing requirements relating to ORS Chapter 693, or the rules and regulations issued thereunder, or any other provision hereof for which a penalty has not hereinabove been prescribed or refus&l to perform within the prescribed time any duty lawfully enjoined hereunder, or failure, neglect or refusal to obey the lawful order of the State Department of Commerce, under ORS Chapter 693, shall be punishable upon conviction by a fine of not less than ten dollars nor more than fifty dollars, or by imprisonment for not more than thirty days. Each day of such violation constitutes a separate offense. (Ord. 72-20 Section 11, 1972). Section 10: Sections 14.12.100 and 34.12.110, Tigard Municipal Code be and the same are hereby repealed. Section 11: This ordinance shall become effective on the 31st day after its passage by the Council and approval by the Mayor. PASSED: By unanimous vote of all Council members present, after being read three times by r-- ber and title on this _ 9 day of September, 1974. APPROVED: By the Mayor this Z_ day of September, 1974. t) i Mayor City of,/Tigard i Recor er - City o i Page 7 ORDINANCE I0. F t R