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Ordinance No. 99-04 r` d: CITY OF TIGARD,OREGON ORDINANCE NO.99- D4 AN ORDINANCE AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE TO REFERENCE THE MOST CURRENT GRADING CODE AND LIABIILTY LANGUAGE FROM THE UNIFORM BUILDING CODE. WHEREAS, Tigard Municipal Code Title 14, "Buildings and Construction' provides regulations for building and construction;and WHEREAS, Senate Bill 36, effective September 9, 1995, grants municipalities who have assumed local building inspection programs concurrent jurisdiction to administer any specialty code or building requirement adopted by the state without adoption of the codes through loyal ordinance;and WHEREAS, the state, building code allows local jurisdictions to adopt the appendix chapter regarding excavation and grading;and WHEREAS,the state does not adopt Section 104.2.6 of the Uniform Bw?ding Code regarding liability,but the City has adopted this section;and WHEREAS,effective October 1, 1998,the state updated from the 1994 Uniform Building Code to the 1997 Uniform Building Code;and WHEREAS,the appropriate and current codes should be referenced in Title 14;and WHEREAS, in recognition of the fact that Title 14 currently adopts the grading regulations and liability language of the 1994 Unifonn Building Code and; WHEREAS, Tigard desires to continue to regulate grading and excavations and to continue to adopt the liability language in the Unifonn.Building Code. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Title 14,Section 14.04.030(a)(2)is amended to read as follows: Appendix Chapter A33 of the 1997 Uniform Building Code, as published by the International Conference of Building Officials, regarding Excavation and Grading, including the recognized standards for Appendix Chapter 33 listed in Part IV of Chapter 35 of the 1997 Uniform Building Code. SECTION 2: Title 14,Section 14.04.030(a)(3)is amended to read as follows: Section 104.2.6 of the 1997 Uniform Building Code,as published by the International Conference of Building Officials,regarding Liability. ORDINANCE No.99-0`'f Page l SECTION: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By U 06 61 MO!Lu vote of all,gouncil members present after being read by number and title only,thi 3 day of,�� _ " 1999. Catherine Wheatley,City Recarde 23�� APPROVED: By Tigard City Council this day of — 9 J s Nicoli,Mayor Approved as to form: CityAtto ey 2^2$J Date 1ACITYW IDE10RD129TIT14.DOC ORDINANCE No.99- Page 2