Ordinance No. 86-53 CITY OF TIGARD, OREGON
ORDINANCE NO. 86-5-3
AN ORDINANCE REPEALING TITLE 14 OF THE TIGARD MUNICIPAL CODE AND
REPLACING IT BY ADOPTING THE STATE SPECIALTY CODES AND ADDITIONAL
UNIFOnri SPECIALTY CODES AS THE CITY'S BUILDING CODE, ADOPTING NEW
PROVISIONS REGULATING THE ABATEMENT OF DANGEROUS BUILDINGS AND THE
MOVING OF BUILDINGS, ADOPTING A NEW CODE SECTION REGULATING
SWIMMING POOLS WITHIN THE CITY, AND PROVIDING FOR THE ENFORCEMENT
OF THESE CODES THROUGH THE CITY'S CIVIL INFRACTIONS PROCEDURES.
WHEREAS, Tigard Municipal Code Title 14, "Buildings and
Construction.," provides regulations for building and construction,
including electrical, plumbing, mechanical, and fire codes, as well
as the construction and safe maint-ena nce of Swimmi^_g enols:
WHEREAS, Tigard Municipal Code Title 14 is largely based upon and
incorporates national and state standards and regulations;
4WaLREAS, Tigard Municipal Code Title 14 is in certain respects
outdated, incomplete, or unduly burdensome;
WHEREAS, the City Council finds a need for the regulation 'of
dangerous buildings and the moving of buildings within the City;
WHEREAS, the City Council desires to provide for the enforcement of
its ordinances regulatingbuilding, construction, swimming pools,
dangerous buildings, and the moving of buildings through its civil
infractions procedures; and
WHEREAS, the City Council has by resolution approved the Fire
Protection Ordinances of the Washington County Rural Fire District
No . .. 1 and ,the Tuahatin'-Rural Fire Protection District, thereby
authorizing tl enforcement of those ordinances within the City of
Tigard by -the respective fire districts;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. Title 14 of the Tigard"Municipal Code is repealed.
Section 2. Exhibit "A" entitled "Building Code Ordinance" shall
be adopted and made a part of Title 14.
Section 3. Exhibit "B" entitled "Plumbing Code Ordinance"
shall be adopted and made -a part of Title 14.
ORDINANCE NO 86-
Page 1
Section 4. Exhibit "C" entitled "Electrical Code Ordinance"
shall be adopted and made a part of Title 14.
Section 5. Exhibit "D" entitled "Ab�teme•nt of Dangerous
® Buildings Ordinance" is adopted and made a part of
Title 14 .
Sectio.. S. Exhibit "E" entitled "Moving of Buildinas Ordinance"
® is adopted and made a part of Title 14.
Section Z. Exhibit ''F" entitled "Swimming Pools Ordinance" is
adopted and made a part of Title 14.
PASSED: By 1.1 Lj v, Z&—) -V0te of all Council members present after
being read by number and title only, this day of
1986.
Oor�ee:R. Wilson, Deputy Recorder
APPROVED: This ��7� day of 1986.
E. Cook, Mayor
ORDINANCE NO. 86 SJR
Page, 2
5
WE
EXHIBIT "A"
BUILDING CODE ORDINANCE
Section 1: Title. This ordinance shall be known as the Building
Coae urainance and may also be referred to herein as "this
�_- ordinance, " or the "building code. "
Section 2: Definitions.
A. For the purpose of Sections 1 through 9 of chis Ordinance,
the following terms shall mean:
1 . Building Official . The designee or designees
appointed by the Director of Community Development who
are responsible for building inspections and
#' enforcement of the building code.
2. State Building Code. The combined specialty codes as
listed in Section 3.
Section 3: State Codes Adopted. Except as otherwise provided in
this ordinance, the following state specialty codes are adopted and
shall be in force and effect as part of the Tigard Municipal Code.
q' A. State of Oregon Structural Specialty Code and Fire and Life
Safety Regulations, 1986 Edition, including Chapter 70,
Sections 7001-7015, regarding Excavation and Grading, based
on the 1985 Edition of the Uniform Building Code, adopted
by the Oregon Director of Commerce and the State Fire
Marshal, effective May 1 , 1986, as authorized by ORS
ht 456.730 to 456.885, ORS 456.915 to 456.950, ORS 447.210 to
,
447.280 and ORS 476.030.
B. The 1985 UniformBuilding Code Standards as published by
the international Conference of Building Officials.
C. State of Oregon Mechanical Specialty Code and Mechanical
Fire and Life Safety Regulations, 1986 Edition, based on
the 1985 Edition of the Uniform Mechanical Code, adopted by
the Oregon Director of Commerce, effective May 1 1986, as
authorized by ORS 456.730 to 456.885, ORS 456.915 to
j' 456.950 and ORS 476.030.
? D. State of Oregon One and Two Family Dwelling Specialty Code,
1986 Edition, based on the 1983 Edition of the Council of
4. - American building officials One and Two Family Dwelling
Code, adopted by the Oregon Director„of Commerce, effective
May 1, 1986, as author,.zed by ORS 456.730 to 456.885 and
.= ORS 456.915 to_456.950.
Page 1 - BUILDING CODE ORDINANCE
E. At least one copy of each of these specialty ;odes shx11 be
kept by the building ^fficial, the City Recorder and the
Tigard Public Library, and shall be available for
inspection upon request.
Section 4. ...inistration- The City, shall provide a
program of building code administration, including plan checking,
permit issuing and inspection for structural, mechanical and plumbing
work. The program shall be a d`li:-istered by tl'P building official,
under the supervision of the Community Development Director. The
program shall operate pursuant to the state specialty codes listed in
Section 3 and the remainder of this ordinance.
Sectian S. Agricultural Buildincrs. Appendix it of the Uniform
Building Code, 1979 Edition, published by the International Con-
ference of building officials is adopted and shall apply to all
agricultural building and related activities within the City.
Section 6: Occu anc Section 307 of the Structural Specialty Code
more fully described in Section 3(A) of this ordinance is amended to
eliminate the following language: "EXCEPTION: Groups R, Division 3
and M Occupancies." The remainder of Section 307 is adopted in
full.
Section 7: Occupancy Restriction. An applicant for a building
permit for new construction, as a condition for the issuance of the
permit, may required to execute, notarize and deliver to the City
a-recordable_ occupancy restriction in the form of Exhibit A-1. This
requirement shall be at the discretion of the building official and
the Community Development Director. Upon receipt of the occupancy
restriction, the building official shall record it in the deed
records of Washington County. The recording fees shall be charged to
the applicant. When the conditions in the occupancy restriction have
been s-tisfied, the restriction shall be released and the occupancy
certificate- shall be issued.
® 4+ ;.�� 0: Aenea s. Section 204 of the Structural Specia'•ty Cade
SSection
more fully described in Section 3(A) of this ordinance is amended to
read as follows:
A. A decision of the building official denying the issuance of
a permit may be submitted by the appl.;.cant to the Community
Development Director for review and possible resolution.
B. If the applicant is dissatisfied with the result of the
Community Development Director's review, the applicant may
appeal the building official's permit denial as follows:
1. An appeal involving any matters directly_related to
the provisions of any of the specialty codes described
(,"A in Section 3 of this ordinance may be made to the
Page 2 - 'BUILDING CODE ORDINANCE
State Structural Code .Advisory Board, The decision of
this Board shall be final .
2. An appeal involving any other matter may be made in
writing to the city Council. The Council shall act as
trsuunaa ca:d 5hai1 �e�leuu3
hearing on the appeal . Following this hearing: the
Council shall issue a written opinion on the appeal
within a reasonable time. The decision of the Council
sinal) be f ilial.
3. The Community Development Director shall determine
whether the matter or matters under a-peal directly
relate to the provision of any of the specialty codes
described in Section 3 of this ordinance.
Section 9: Violations; Penalties;_ Remedies.
A. No person shall erect, construct, enlarge, alter, repair,
move, improve, remove, convert or demolish, equip, use,
{ occupy or maintain a building or structure in the City, or
cause the same to be done, contrary to or in violation of
this ordinance.
B. Violation of a provision of this ordinance constitutes a
Class 1 Civil Infraction and shall be processed in accor-
dance with the procedures set forth in the Civil
Infractions Ordinance, Ordinance No. 86-20.
C. Each day that a violation of a provision of this ordinance
exists constitutes a separate violation.
D. Notwithstanding the other remedies in this ordinance, if
the building official
. determines that ,any building under construction poses an
immediate threat to the public health, safety or welfare,
he may order the construction halted and the site vacated
pending further action by the City and its legal counsel.
E. The penalties and remedies provided in this section are not
exclusive and are in addition to other penalties and
remedies available to the City under other city ordinance,
or state statute.
Page 3 BUILDING CODE ORDINANCE _
Ordinance No. 86-53, Exhibit A-1
DEED RESTRICTION
Be it known by these presents that I (we) hereby acknowledge and
agree to the following coaditionr, with respect to construction
�r on property located at
1. The Temporary Certificate of Occupancy permits use of only
those portions of the structure which comply wibn all
f requirements of the City of Tigard Uniform Building Code.
2. Use of the unfinished portions as stipulated below is not
permitted.
®t; -
x
3. This instrument is to be executed, notarized and delivered
to the City. The Owner shall pay all applicable fees,
and the Building Official shall cause this instrument
to be recorded in the deed records of Washington County,
Oregon.
�. ' 4. Occupancy of the unfinished portions is conditional upon:
a. Application for a Building Permit.
b. Satisfactory completion of construction pursuant
to the Building Code within months from
the date hereof.
c. Final inspection by certified Building Department
IN
personnel and issuance of a Final Certificate
-14 of Occupancy.
x 5 . When all conditions for completion of the unfinished
portions have been satisfied, the Final Certificate
of Occupancy shall be issued and this Deed Restriction
released.
,k
Signed:
•
t
Owner(s) Date
==r
n Date
Builder Dated-- --
l�ry Notary D
or
EXHIBIT "B"
PLUMBING CODE ORDINANCE
Section 1 � Title. This ordinance shall be known__ as the
Plumbing Code ordinance and may also be referred to herein as "this
ordinance" or the "plumbing code. "
Section 2: State Code Adopted. Except as otherwise provided in
tni5 ordinance, the Nate of Oregon PluID irig Spee'Gl lY VVLLG, 17oV
Edition with the 3981 and 1984 amendments, based on the 1979
Edition of Uniform Plumbing Code, published by the International
Conference of Building Officials, is adopted as the plumbing coue
of the City of Tigard and shall be in force and effect as part of
the Tigard Municipal Code.
Section 3: Violations; Penalties; Remedies.
A. No person shall cause any plumbing work to be done on any
building or structure within the City, or cause the same
to be done, contrary to or in violation of this ordi-
nance.
B. Violation of a provision of this ordinance constitutes a
k Class 1 Civil Infraction and shall be processed in
accordance with the procedures set forth in the Civil
Infractions OrdinBLnce, Ordinance No. 86-20.
r C Each day that a violation of a provision of this ordi
5
nance exists constitutes a separate violation.
D. Notwithstanding the other remedies in this ordinance, if
the buildiAg official determines that any plumbing work
x on any building or any structure poses an immediate
threat- o the public-health, safety or-welfare,-- he may
order the work halted and the building or structure
fill vacated pending further action by the City and its A
counsel.
E. The penalties and remedies provided in this section are
not exclusive and aye in addition to other penalties and
remedies available under city ordinance or state
;g
statute
Y§
PLUMBING CODE ORDINANCE
s
' EXHIBIT "C"
ELECTRICAL CODS? ORDINANCE
� v
Section is Short Title. This ordinance shall be know as the
® Electrical Code ordinance and may also be referred to herein as
"this ordinance" or the "electrical code. "
Section 2; National Code Adopted. Except as otherwise provided
in this ordinance, the 1984 National Electrical Code published by
the National Fire Protection Association, is ed�P+ sa tL_ ,__�_:
o-tc.. as tate e3eetri-
cal code of the City of Tigard and shall be in force and effect as
part of the Tigard Municipal Code.
Section 3: Violations; Penalties, Remedies.
�a A- No Person shall rause any elcntrica work to b-a done
Person "t v vc uvtac on
any building or structure in the City, or cause the same
to be done, contrary to or in violation of this
ordinance.
f
B. Violation of a provision of this ordinance constitutes a
Class 1 Civil Infraction and shall be processed in
accordance with the procedures set forth in the Civil
Infractions Ordinance, Ordinance No. 86-20.
C. Each day that a-violation of a provision of this
ordinance exists constitutes a separate violation.
D. Notwithstanding the other remedies in this ordinance, if
the building official determines that any electrical work
on any building or structure in the City poses an
Immediate threat to the public health, safety or welfare,
he may order the work halted and the building or
structure' vacated pending further action by the City and
its legal counsel.
E. The penalties and remedies provided in this ordinance are
not exclusive and are in addition to other penalties and
remedies available under city ordinance or state
statute.
ELECTRICAL CODE ORDINANCE
E)MIBIT "Doi
ttf
a'
ABATEMENT OF DANGEROUS BUILDINGS ORDINANCE
Section is Short Title. This chapter shall be known and may be
cited as the "Abatement of Dangerous Buildings Ordinance. "
of this ordinance, the
Section 2: Definitions. For purposes -
following mean:
A. Building Official: The city employee designated to
Building enforce the g Code.
B. Dangerous Building: A dangerous building or structure is
one which has any or all of the following conditions or
•s i o a- d-fct exists '-av _
defects provided that the conu3�1 •`
the extent that the life, health, property
perty or safety of
the public or the occupants of the building are
endangered:
1. Whenever any door, aiis_e, passageway, stairway or
ors. means of exit is not of sufficient width or
size, or is not so arranged as to provide safe and
adequate means of exit in case of fire or panic.
2 Whenever the stress in any materials, .member or
portion thereof, due to all dead and live loads, is
more than one and one-half times the working stress
or stresses allowed in the State Building Code for
new buildings of similar structure, purpose or
location.
S. Whenever any portion thereof has been damaged by
fire, earthquaker wind, flood, or by any other
cause, to such an extent that the structural s
strength or stability thereof is `materially less
than it was before such catastrophe and is less than
the minimum requirements of the Tigard Building Code
Ordinance for new buildings of similar structure;
purpose or location.
4. Whenever any portion or member or appurtenance
thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons
or damage property
5 Whenever any portion of,_a building, or any member,
n appurtenance or ornamentation on the exterior
thereof is not -of 'sufficieit strength or stability,
or is not so anchored, attached or fastened in place
so as to be capable of resisting a wind pressure of
w
page 1 - ABATEMENT OF DANGEROUS BUILDINGS ORDINANCE
V" .
one-half of that specified in the Tigard Building
Code Ordinance for new buildings of similar
structure, purpose or location without exceeding the
working stresses permitted in the Tigard Building
Code Ordinance for such buildings.
6. Whenever any portion thereof has cracked, buckled or
settled to such an extent that walls or other
7 1. 1 resistance _ _ -
structural portions nave M&tei'i a" +cS$ .�
to winds or earthquakes than is required in the case
of simillar new' construction.
Z. Whenever the building or structure, or any portion
thereof, because of (i) dilapidation, deterioration,
or decay; (ii) faulty construction; (iii) the
removal, movement or instability of any portion of
the ground necessary for the purpcse of supporting
such building; (iv) the deterioration, decay or
inadequacy of its foundation; or (v) any other
cause, is likely to partially or completely
collapse..
8. Whenever, for any reason, the building or structure,
or any portion thereof, is manifestly unsafe for the
(f purpose for which it is being used.
9. Whenever the exterior walls or other vertical
41 structural members list, lean or buckle to such an
extent that a plumb line passing through the center
of gravity does not fall inside the middle one-third
of the base.
10. Whenever the building or structure, exclusive of the
foundation, shows 33 percent or more damage or
deterioration of its supporting member-or- members,
or rn -ercent damage Or deterioration Of its
nonsupporting members, enclosing or outside walls or
coverings
11. Whenever the building or structure has been so
damaged by fire, wind, earthquake or flood, or has
become so dilapidated or deteriorated as to become
(1) an attractive nuisance to children; (ii) a
harbor for vagrants, criminals or immoral persons;
or as to (iii) enable persons to resort thereto for
the purpose of committing unlawful- or immoral acts.
12. Whenever any building or structure has been
constructed, exists or is maintained in violation of
any specific requirement or prohibition applicable
to such building or structure provided by the
building regulations of this city, as specified in
.Wage 2 'ABATEMENT uk DANGEROUS BUILDIENIGS ORDINANCE _
' the Tigard Building Code ordinance, or of any law or
ordinance of this state or city relating to the
condition, location, or structure of buildings.
13. Whenever any building or structure whic.. whether or
not erected in accordance with all applicable laws
and ordinances, has in any nonsupporting part,
member or portion, less that_ 50 percent, or in any
supporting part, member or portion less than 66
percent of the (i) streng th: (i; % 3 ra�-a epi'✓ting
® qualities or characteristics, or (iii) weather-
resisting qualities or characteristics required by
law in the case of a newly constructed building of
like area, height and occupancy in the same
location.
14. Whenever a building or structure, used or intended
to be used for .�....., ,
aa.'IGi 11Lly purposes, LCVC34sG of
inadequate maintenance, dilapidated condition,
decay, damage, faulty construction or arrangement,
inadequate light, air or sanitation facilities, or
otherwise, is determined by 'the building official to
be unsanitary, unfit for human habitation or in such
a condition that is likely to cause sickness or
disease.
15. Whenever any building or structure, because of
obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-
resistive construction, faulty electric wiring, gas
connections or heating apparatus, or other cause, is
determined by the Fire Marshal to be a fire hazard.
16. Whenever any portion of a building or structure
remains on a site after the demolition or destruc- '
tion of the building or structure or whenever any
building or +tr:i'.'r.."Z
i e is abandoned to- .a per io'd :arc $`--
excess of six months so as to constitute such
building or portion thereof an attractive nuisance
or hazard to the public.
17. A building or structure that, for the want of proper 6
repairs, or by reason of age and dilapidated condi-
tion, by reason of poorly installed electrical
wiring or equipment, detective chimney, defective
gas connection, defective heating apparatus, or for
any other cause or reason, is especially liable to
cause a fire.
18. A building or structure containingcombustible or
.r explosive material, rubbish, rags, waste, oils,
gasoline or flammable substance of any kind,
Page' - ABATEMMEN On DANGEROUS BUILDINGS, ORDINANCE
especially liable to cause a fire or danger to the
safety of the building, premises, or to human life.
C. Fire Marshal: The Chief of the fire district designated
to administer the Uniform Fina Code in the area w- a the
dangerous building is located.
Record holder of legal title or where real
property is being purchased through a lender or by a
recorded land sale contract, the -purchaser who holds
equitable title.
Section 3: Declaration of Danaerous Building as. a Class. 1
Infraction.
Every building or Part ®r` a building determined by the building
official
to be a dangerous building is a
Infraction and is subject to the provisions of the Civil
Infractions Ordinance, Ordinance 86-20.
Section 4: Owner is the Person Responsib;ke. For the purposes
of this chapter, the owner shall be the "pert:on responsible" for
purposes of enforcement.
.. `
Section 5: Additional Notice Recruired.
A. In situation swhere there are both a legal title holder
and an equitable title holder, a copy of the notice shah
be mailed by certified mail, return receipt requested, to
s. the, legal title holder.
s . B. A statement of the action required to cure or remedy the
condition shall include the following:
^,
1. If the building official has determined that the
_ building or structure must be .repaired, the order
shall require that all required permits be secured
and the work physically commenced within such time
from the date of the order and completed within such
time as the building official shall determine is
reasonable under all of the circumstances.
2. If the building official has determined that the
building or structure must be vacated, the order
shall require that the building or structure shall
be vacated within a time certain from the date of
the order as determined by the building official to
be reasonable.
r 3. If the building official has determined that the
4¢t A
building or structure must be demolished, the order
shall require that the building be vacated within
Page 4 - ABATEMENT OF DANGEROUS BUILDINGS ORDINANCE
such time as the building official shall determine
is reasonable from the date of the order; that all
required -permits be secured from the date of the
order, and that the demolition be completed within
such time as the building official shall determine
is reasonable.
i
4. Statements advising that if any required repair or
demolition work (without vacation also being f
required) is not commenced within the time speci-
fied, the building official (i) will order the
building vacated and posted to prevent further
occupancy until the work is completed, and (ii) may
proceed to cause the work to be done and charge the
costs thereof against the property or its owner.
® Section Noticeo'-. otice of Unsafe Occupancy. I
A. Posting Notice. In conjunction with an order to vacate,
a notice shall be posted at or upon each exit of the
building and shall be in substantially the following
form:
DO NOT ENTER -
//` UNSAFE TO OCCUPY
It is a violation of the Civil Infractions
Ordinance to occupy this building or to
remove or deface this notice.
Building Official
City of Tigard
B. Compliance.
1. Upon an order to vacate and the posting of an unsafe
building notice, no person shall remain in or enter
any building which has been so posted, except that
entry may be made to repair, demolish or remove such
building under ,permit.
8. No person shall remove or deface any such notice
after it is posted until the required repairs,
demolition or removal have been completed and a
Certificate of Occupancy issued pursuant to the
provisions of the Tigard Building Code Ordinance.
Page 5 - ABATEMENT OF DANGEROUS BUILDINGS ORDINANCE
"'� '�
' section 7: Abatement; Civil Penalty.
1. Abatement: A dangerous building may be, abated in
the manner provided by the Civil Infractions
Ordinance, ordinance No. 86-20.
s, Penalty.
-__i, jo atiion of a separate provision of this
a. �a�...
chapter shall constitute a separate Class i
Infraction; and each day that a violation of
this chapter is committed or permitted to
continue shall constitute a separate Class 2
Infraction.
b. A finding of a violation of this chapter and
imposition of a civil penalty pursuant to the
Infraction nredinnncp shall not relieve
the responsible party of the duty to abate the
violation. A civil penalty imposed pursuant to
this section is in addition to and not in lieu
of any other remedies available 'to the City.
C. If a provision of this chapter is violated by a
:x firm or corporation, the officer or officers,
4 or person or persons responsible for the viola
tion shall be subject to the penalties imposed '
by this section.
a
x
t
page 6 - ABATEMENT OF DA ICER US BUILDINGS ORDINANCE
EXHIBIT "E"
MOVING OF B[IILDINGS ORDINANCE
section 1: Title. This ordinance shall be known as the Moving
of Buildings Ordinance and may also be referred to herein as "this
® '
ordinance. �
Section 4n 2: n�f�nitinnc_
At1 �o - ----
A. For the purposes of this ordinance, the following mean:
11 Building: A building that exceeds eight feet in
width, or as loaded for moving, extends upward more
than 13.5 feet from the ground.
® 2. City Engineer: The city engineer or the city
:_��,a
ra�nnncihiP for enforcing this
engineer's desiyncc -r--------
�x
ordinance.
3. Street: Any highway, road, street or alley as
defined in ORS 487.005(1) and (8) .
4. Building Official: The 'designee or designees
appointed by the Director of Community Development
who are responsible for building inspections and
} enforcement of the building code.
Section 3: Permit Required.
A. No person shall move a building across or along a-street
without first applying for and obtaining a permit under
this ordinance.
B. No person shall move 'a building across- or along a street
in violation of a. provision of this ordinance or of the
-_ provisions of the permit issued under this ordinance.
Section 4: A•Rplication;-Fee.
A. Application for a permit to move a building shall be made
to the building official on forms provided by the
building official and shall include the following
information-
1. The name and address of a per, on who owns the
building;
2. The name and address of a person engaged to-move the
# building;
f
Paige 1 - MOVING OF BUILDINGS ORDINANCE
3. The location from which the building is proposed to
be moved and its zoning classification;
4. The proposed new site of the building and its zoning
classification;
5. The proposed route for moving the building;
' 6. The dimensions, type of construction and approximate
age of t'1166 baildi:'_g:
Z. The use or purpose for which the building was
designed;
B. The use or purpose to be made of the building at its �
new location;
Q_ The proposed moving date and hours of moving;
10. Any additional information the building official
considers necessary for a fair determination of
whether the permit should issue.
B. In situations where the city's design review standards
apply, the applicant shall also make application and
submit all necessary information for design review
_ approval.
C. An application shall be signed by the owner of the
building to be moved or by the person engaged to move the
building.
D. The permit shall not be issued until the applicant pays a
permit fee to defray the costs of issuing the permit.
The amount of the fee shall be set pursuant to the State
Building Code fee schedule. the
L �c
Section 5: Ins ection. After receiving taac app.1-.._t__7-Cl__' th
building official shall:
A. Inspect the building, the new site proposed for it if it
is to be relocated within the City and the route proposed
for moving it.
B. Submit a copy of the application to the Chief of Police
and city engineer and request the Chief of Police and
city engineer to review the application for approval.
Section 6: utility Installations. The permit shall not be
issued unless the applicant submits signed statements from the
owners of the overhead electric wires and poles and other overhead
Page 2 MOVING OF BUILDINGS ORDINANCE
utility installations along the route on which the building is to
be moved that:
t
A. The moving will not interfere with or endanger the
installations; or
B. The applicant has made arrangements to the satisfaction
of the owners for protecting the installations, paying
for whatever damage the moving causes them, and for
reijubu airig I.A.he .owners for any cost S_ of removal and
reinstallation of the installations that the moving
necessitates.
Section Z. Performance Bond. The permit shall not be issued
until the applicant furnishes the City a performance bond executed
by the applicant with a surety company authorized to do business in
this state and approved as to form and amount by the city engineer.
The bond shall guarantee that the applicant will:
A. Conform to all requirements imposed by the City relating .�.
to the moving of the building;
B. P1.._ ptly repair to the satisfaction of the City any
damage topavement, sidewalks, hydrants, sewers, water
lines, streets, alleys, or other public or private
C" property done or caused by the applicant, the applicant's
servants or employees in moving the building; and
C. Ruthin three months after the permit is granted, if the
relocated building will be relocated within the city
limits, have the relocated building ready for occupancy
and use in accordance with the building and zoning
regulation of the City in effect at the time the permit
Is issued.
Section S: Issuance of Permit. The building official shall
issue the permit subject to any necessary conditions if:
A. The appIA4.-atinn complies with the requirements of this
ordinance;
B. The moving can be accomplished without damage to property
or, in case of damage to the property, it is consented to
by the owner of the property or is to be paid for to the
owner's satisfaction;
C. The building at its new site, if within the City, will
conform to the requirements of the Community Development
Code;
Page 3 - MOVING OF BUILDINGS ORDINANCE
D. x,11 requirements of the Building Code Ordinance have been
complied with.
Section 9: Conditions of Permit. The permit shall specify:
A. The route for moving the building;
B. The dates and times within which the moving is to be
completed; and
C. whatever additional conditions the city engineer,
building official, or Chief of Police considers necessary
to satisfy ordinaries requirements, to minimize the
obstruction of traffic to protect property, and to
protect the public safety and welfare.
Section 10: Liabli ty, The permit shall not constitute an
authorization for damaging property. The permit shall not consti-
tute a defense against any liability the permittee incurs for
personal injury or property damage caused by the moving.
Section 11: Equipment. Equipment used to move buildings along
or across the public streets of the City shall be equipped with
pneumatic tires, which shall be the only part of the equipment to
come in contact with the surfaces of the streets, except planking
as required by the city engineer. The city engineer may require
the permittee to proceed on planking of specified dimensions when
the city engineer considers the planking necessary to prevent
damage to a public street or other property.
Section 12. Continuity. Once a building has been moved onto a
public street under a permit authorized by this ordinance, the
person moving the building shall continue with the moving project
without interruption until it is completed, except as the permit
for .the moving or the building official specifically allows to the
contrary.
Section 13. Litter. A person moving a building under a permit
authorized by this ordinance shall promptly remove from public
streets and private property all litter produced by the moving.
Section 14. Movement on State Highways. The building official
may waive any of the requirements of this ordinance, regarding
buildings to be moved through the City upon a State highway from
and to points outside the City limits if:
A. Movement will be made pursuant to a permit issued by the
appropriate State agency;
B. Notice of the proposed movement and a copy of the permit
is submitted to the building official before the
_ movement; and
Page 4 MOVING OF BUILDINGS ORDINANCE
G. The building official is satisfied that adequate
precautions have been to be taken to protect the public
safety and welfare.
Section 15: Revocation.
A. The building official may refuse to issue a permit or may
revoke a permit issued under this ordinance if:
1. The permittee violates or cannot meet a requirement
of the permit or a section of this ordinance; or
2. Grounds, such as a misstatement of fact exist for
revocation, suspension or refusal to issue the
permit.
B. An appeal of a refusal by the building official to issue
a permit shall be processed in tris same fashion as
provided in Section 8 of the City's Building Code as
found in Title 14 of the Tigard Municipal Code.
Section 16. Violation, Violation of this ordinance shall
constitute a Class 1 Civil Infraction and shall be processed in
accordance with the Civil Infractions Ordinance, Ordinance No. 86-
20.
page 5 MOVING OF BUILDINCS ORDINANCR
i
r
EXHIBIT "F"
SWIMMING POOLS ORDINANCE
Section 1 : Short Title. This ordinance shall be known and may
be cited as the "Pool Enclosures Ordinance" and may also be
® referred to herein as "this ordinance.
_section 2: Definitions.
A. For the purpose of Section 1 through Section 10 of this
1_____- term_ L 1
chapter, the rp1.1UW111lj lCl�lll' a.►ali mean:
1. Building Official: The designee or designees
appointed by the Director of Community Development.
2. Person in charge of property: An owner, purchaser
under contract, lessee, tenant, licensee or other
person having possession or control of property.
3. Special Pool: A fish pond or other decorative pool
that holds or is capable of holding a body of water
exceeding 24 inches in depth at any point.
4. Swimming Pool: An outdoor swimming pool or other
body of water designed or used for the purpose of
swimming, dipping, wading or immersion of human
beings which has a depth at any point in excess of
24 inches, whether above or below grade, and whether
intended to be temporary or permanent in nature.
_Section 3: Application. The provisions of this ordinance shall
apply to all special pools and swimming pools, except swimming
facilities regulated under state law.
Section 4: Permit Required.
A. No person shall construct, install, enlarge, or substan-
tially remodel any swimming pool or fencing required in
connection with it without first obtaining a permit from
the building official.
B. Application fol a permit shall be accompanied by an
application fee. The amount of the application fee shall
be set by City Council resolution. The application fee
shall be in addition to any other required building
permit fee. The application shall contain any
information the building official considers necessary for
an adequate review of the application. All construction
and installation shall conform to the plans approved by
the building official.
ry Pools shall be obtained for the
C. Permits for tempora
• on only; however, subsequent installa-
original installatip
tions shall be located on can came newpermitnwillnberm
to the original approvep
required.
Protective Enclosure for Swimmingpool,
A person in charge of property
A. on which a swimming pool
is situated shall maintain on the lot and completely
,, , -lo--gyre consisting of a fence i
sur: 2::L3•Say she POOA an 2ia.^.+� in hei^ht. ;'he fP_nce i
or wall not less than four feet y
does net have openings,
shall be constructed so that it dimension
holes or gaps larger than four inches in any
_ except for doors and gatepicketsashallpicket
notfence
exceed fouis r
'e openings between t+,= pickets
in width. A dwelling
housurer aThesenclosuresory aing
may be used as P so as to discourage
shall be of a pattern and type
children from climbing, that is incapable of being
crawled under and that is sufficient to make the pool
inaccessible
threesmall
feetchildren.
the outern
walls rofsaaswimming
nearer than
voo3,
B. All gates or doors opening through the enclosure _hall be
equipped with a self-closing and self-latching device
installed at least 40 inches ng thetdoorrornd or base,
gate securely
designed and capable of keeping
closed at all times when not in actual use; except, that
the door of a dwelling occupied
ired beingsed and
so
forming a part of the encupied requ
equipped.
Se ion 6. Swimming
A. .Setback. No part of a swimming pool shall be constructed
n three feet of a side or rear lot line
or installed withi
or within a public utility easement.
B. Angle of Repose. No part of a swimming pool shall be
constructed or installed within the angle of repose of
the soil supporting a structure on the same or an adja-
ose shall be determined by the
cent lot. The angle of rep
city engineer.
Section 2: Protective Enclosure for Special Pools-
in A person in charge of proPerty within a residential area
on which is situated a special pool shall construct and
Page 2 SWIMMING POOLS ORDINANCE
maintain an acceptable enclosure and securely close off
or block all entrance to it.
B. An acceptable enclosure shall be one at the following:
1. An enclosure completely surrounding the special
pool, as provided in Section 5.
2. A wire screen or cover o: sufficient strength =�+
-' hold a weight of at least 75 pounds and installed
not more than six inches below the surface of the
® water at all times.
Section 8: Administration. The building official shall be
responsible for the administration of this ordinance and may:
,_..;.,V.,e pertaining to the
A. Adopt reasonable
rules ?nn_' rCciiilQ Li ...�
administration of this ordinance subject to city council ��■
approval;
®y B. Make modifications in individual cases on a showing of
the height, nature or location
good cause with respect to
of the protective enclosure, or the necessity therefor,
provided the protection sought by this ordinance is not
reduced by the modification:
C. Permit other protective devices or structures to be used
as long as the degree of protection afforded by the
substitute devices or structures is not less than the
protection afforded by the protective enclosure required
by Section 5 and Section 7.
i
s Section 9: Conformance with Law. This ordinance shall not be a
substitute for or eliminate the necessity of conformity with all
State laws, rules and regulations, and any Code section or other
"- i.. the f7�' ure; in effect
a
City ordinance which are now, Or ma— - �._
and,that relatetothe matters regulated by this ordinance.
Section 10: Penalties.
A. Violation of this ordinance constitutes a Class 1 Civil
Infraction and shall be processed in accordance with the
civil Infractions Ordinance, Ordinance No. 86-20.
B. Each day that a violation of a provision of this
ordinance exists constitutes a separate violation.
C. The penalties imposed by this section are not exclusive
and are in addition to ,any other remedies available under
city ordinance or state statute.
Page 3 SWIMMING POOLS ORDINANCE