Chapter 15.05
BUILDING CODE
Sections:
15.05.050 Conflicting provisions.
15.05.080 Alternate materials and methods.
15.05.010 Title.
This chapter shall be known as the “building code,” and may be so cited and pleaded and is referred to herein as “this chapter.” [Ord. 23-418-O § 127 (Exh. A-2)].
15.05.020 Severability.
If any section, paragraph, subdivision, clause, sentence, or provision of this chapter shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this chapter or this code, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered, it being the intent of the governing body to enact the remainder of this chapter notwithstanding the parts to be declared unconstitutional and invalid. [Ord. 23-418-O § 127 (Exh. A-2)].
15.05.030 Purpose.
The purpose of this chapter is, consistent with available resources, to establish uniform performance, minimal standards, enforcement procedures, and administrative standards in order to provide reasonable safeguards for the health, safety, welfare, comfort and security of the residents of this jurisdiction, and to provide for the use of modern methods, devices, materials, techniques, practicable maximum energy conservation standards, and fire and life safety features in the construction and use of structures. [Ord. 23-418-O § 127 (Exh. A-2)].
15.05.040 Scope.
This chapter shall apply to new and existing construction and premises, and construction-related activities including, but not limited to, installation of: electrical, plumbing, mechanical, energy, grading, accessibility (disability access), alteration, moving, demolition, repair, maintenance, fire and life safety, and work associated with any building, structure, premises, property, or license regulated by this chapter, mandated under any of the Oregon Specialty Codes, rules, or statutes, and/or regulated by various other codes of the city of Rogue River, including zoning or land use regulations. The city of Rogue River enforces the State Building Code as per ORS Chapter 455 and the rules adopted thereunder.
Pursuant to ORS 455.020(4) and adopted by local ordinance, the scope of the state building code has been amended to include the following items which shall require permits, plan review and inspection pursuant to this chapter and the state building code. Pursuant to ORS 455.020, the city of Rogue River has the authority to regulate additional items as listed in the Oregon Residential Specialty Code and the Oregon Structural Specialty Code including requiring permits per RRMC 15.10.010, plan review and inspections. The construction standards of the respective building code shall be applicable.
In addition to the requirements of the state building code, the city of Rogue River shall hereby regulate the following items:
A. Structures and items relative to the scope of, and identified in Section R101.2.2 of, the Oregon Residential Specialty Code:
1. Fences constructed of wood, wire mesh or chain link that are more than seven feet in height and fences constructed of materials other than wood, wire mesh or chain link that are over six feet in height.
2. Retaining walls that:
a. Are over four feet in height, when measured from the bottom of the footing to the top of the wall; or
b. Where the retaining wall supports ascending slopes exceeding three to one; or
c. Where the retaining wall supports a nonsoil surcharge.
3. Freestanding radio, television and other telecommunication antennas and towers, not attached to or supported by a regulated building.
4. Ground-mounted photovoltaic systems.
a. Exception. A permit is not required where these structures are 10 feet or less in height measured to the highest point of the installation and no public access is permitted beneath the structures.
5. Tanks that are located exterior to and not attached to or supported by a regulated building.
a. Exception. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one.
6. The design and construction of in-ground swimming pools accessory to detached one- and two-family dwellings, and individual townhouse dwelling units.
7. Abatement of nuisances and dangerous buildings in accordance with RRMC 15.05.110.
8. Demolition of residential dwellings and accessory structures.
B. Structures and items relative to the scope of, and identified in Section 101.2 of, the Oregon Structural Specialty Code:
1. Cellular phone, radio, television, and other telecommunication and broadcast towers that are not attached to or supported by a regulated building.
2. Signs not attached to or supported by a regulated building.
3. Abatement of nuisances and dangerous buildings in accordance with RRMC 15.05.110.
4. Demolition.
5. Retaining walls that:
a. Are over four feet in height measured from the bottom of the footing to the top of the wall; or
b. That support a surcharge or impound class I, II or IIIA liquids.
6. Fences constructed of wood, wire mesh, or chain link that are more than seven feet in height and fences constructed of materials other than wood, wire mesh or chain link that are over six feet in height.
7. Tanks.
a. Exception. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one.
8. Cellular phone, radio, television and other telecommunication and broadcast towers, in compliance with federal law.
9. Flagpoles, antennas, and similar items that exceed 25 feet in height.
10. Structural aspects of signs not attached to or supported by a regulated building. [Ord. 23-418-O § 127 (Exh. A-2)].
15.05.050 Conflicting provisions.
Where, in any specific case, different sections of this chapter specify different materials, methods of construction or other requirements, the most restrictive shall govern, except in cases where the minimum/maximum provisions of the state building code apply. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. [Ord. 23-418-O § 127 (Exh. A-2)].
15.05.060 Codes.
A. State Building Code. The provisions of the state of Oregon Building Code, as provided in ORS 455.010, are hereby adopted by reference. The state building code is on file in the city of Rogue River.
B. Dangerous Building Code. Except as modified in subsection (A) of this section, the city of Rogue River adopts, administers, and enforces the Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 Edition, by the International Conference of Building Officials, a copy of which is on file and available for reference with the city building official.
C. Local Amendments to the UCADB.
1. The following supplementary definitions are added:
a. Board of Appeals. Board of appeals established by RRMC 15.30.030.
b. Clerk. The city recorder of the city of Rogue River.
c. Director of Public Works. The public works director of the city of Rogue River.
d. Health Official. The county sanitarian or other designee.
2. UCADB, Chapter 4, Section 403, Section 1.3, is not an available remedial option for a building declared to be dangerous under this code, except that any repair order (Section 1.1) or demolition order (Section 1.2) of the building official may require a premises to be secured and maintained against entry during the period when repair is authorized or prior to scheduled demolition.
3. All references in the UCADB to the “building code” shall mean the applicable Oregon state building code in effect, including all currently enforced specialty codes or, when the context requires, the applicable predecessor code.
4. Notwithstanding Section 401.2.5 of the Uniform Code for the Abatement of Dangerous Buildings as adopted by subsection (A) of this section, the time period for appeals from notices, orders, or actions of the building official shall be 10 days.
B. Unsafe Buildings.
1. All buildings or structures regulated by this code which are unsafe under the terms of the Uniform Code for the Abatement of Dangerous Buildings are hereby designated as unsafe buildings, structures, or appendages.
2. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in this chapter and the Uniform Code for the Abatement of Dangerous Buildings or such alternate procedures as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or another employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, secure, correct or abate the violation.
3. Appeals of dangerous building determinations/declarations, or determinations/declarations of a nuisance in subsection (B)(2) of this section, shall be appealed to the board of appeals as specified in this chapter.
C. Authority to Impose Civil Administrative Penalty.
1. Upon a determination by the building official that any person, firm, corporation, or other entity however organized has violated a provision of this chapter or a rule adopted thereunder, the building official may issue a notice of civil violation and impose upon the violator and/or any other responsible person an administrative civil penalty as provided by subsections (C)(1) through (C)(13) of this section. For purposes of this subsection, a “responsible person” includes the violator, and if the violator is not the owner of the building or property at which the violation occurs, may include the owner.
2. Prior to issuing an order to correct a violation under this section, the building official may pursue reasonable attempts to secure voluntary correction.
3. Prior to issuing a notice of civil violation and imposing an administrative civil penalty under this section, the building official shall issue an order to correct a violation to one or more of the responsible persons. Except where the building official determines that the violation poses an immediate threat to health, safety, environment, or public welfare, the time provided for correction shall be not less than five calendar days.
4. Following the date or time by which the correction must be completed as required by an order to correct a violation, the building official shall determine whether such correction has been satisfactorily completed. If the required correction has not been completed by the date or time specified in the order, the building official may issue a notice of civil violation and impose an administrative civil penalty to each responsible person to whom an order to correct was issued.
5. Notwithstanding subsections (C)(2) and (C)(3) of this section, the building official may issue a notice of civil violation and impose an administrative civil penalty without having issued an order to correct violation or made attempts to secure voluntary correction where the building official determines that the violation was knowing or intentional, or a repeat of a similar violation.
6. In imposing an administrative civil penalty authorized by this section, the building official shall consider:
a. The person’s past history in taking all feasible steps or procedures necessary or appropriate to correct the violation;
b. Any prior violations of statutes, rules, orders, and permits;
c. The gravity and magnitude of the violation;
d. Whether the violation was repeated or continuous;
e. Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act;
f. The violator’s cooperativeness and efforts to correct the violation; and
g. Any relevant rule of the building official.
7. A notice of a civil violation that imposes an administrative civil penalty under this section shall be served by personal service, or sent by registered or certified mail and by first class mail. A notice served by mail shall be deemed received three days after the date mailed if to an address within this state, and seven days after the date mailed if to an address outside this state. Every notice shall include:
a. Reference to the particular code provision, ordinance number, or rule involved;
b. A short and plain statement of the matters asserted or charged;
c. A statement of the amount of the penalty or penalties imposed; the date on which the order to correct was issued and time by which correction was to be made, or if the penalty is imposed pursuant to subsection (C)(5) of this section, a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated; and
d. A statement of the party’s right to appeal the civil penalty to the building board of appeals, or if the building board of appeals lacks sufficient members to constitute a quorum, to the city manager or the city manager’s designee; a description of the process the party may use to appeal the civil penalty; and the deadline by which such an appeal must be filed.
8. Any person, firm, corporation, or other entity however organized that is issued a notice of civil penalty may appeal the penalty to the building board of appeals, or if the building board of appeals lacks sufficient members to constitute a quorum, the city manager or the city manager’s designee.
9. A civil penalty imposed under this section shall become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to the building board of appeals, or if the building board of appeals lacks sufficient members to constitute a quorum, to the city manager or the city manager’s designee pursuant to, and within the 15-day time limit established by, appeals procedures.
10. Each day the violator fails to remedy the code violation shall constitute a separate violation.
11. Failure to pay a penalty imposed hereunder within 10 days after the penalty becomes final (i.e., upon expiration of the time to appeal) shall constitute a violation of this code. Each day the penalty is not paid shall constitute a separate violation. The building official also is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by this chapter or other provisions of this code, or state statutes. The civil administrative penalty authorized by this section shall be in addition to:
a. Assessments or fees for any costs incurred by the city in remediation, cleanup, or abatement; and
b. Any other actions authorized by law; provided, that the city may not issue a citation to municipal court for a violation of this chapter.
12. If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid 30 days after such penalty becomes final, the building official shall assess the property the full amount of the unpaid fine and shall enter such an assessment as a lien in the municipal lien docket. At the time such an assessment is made, the building official shall notify the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the municipal lien docket. The lien shall be enforced in the same manner as liens established by city council pursuant to this chapter. The interest shall commence from the date of entry of the lien in the lien docket.
13. In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to subsection (C)(1) of this section shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy.
Said volumes and all subsequent editions of these codes, including all amendments, are hereby incorporated in this chapter by reference. [Ord. 23-418-O § 127 (Exh. A-2)].
15.05.070 Definitions.
In addition to definitions provided in the applicable building codes, for the purpose of this chapter, the following definitions shall apply:
A. “Approved” means approved by the building official.
B. “Building official” shall mean the Rogue River contract building official or deputy thereof, with powers granted by ORS 455.153.
C. “Building service equipment” means all support systems/equipment such as piping, ducts, vents, and other components of systems other than portable appliances that are permanently in place to serve the building.
D. “Certificate of occupancy” means a certificate of approval issued by the building official, as required by the applicable code, after all provisions of the building code, laws, codes and conditions of approval enforced by the building official are met for a building intended for occupancy.
E. “Enforcement action” means an action in which an order to correct has been issued, or which seeks or results in a civil penalty.
F. “Imminent danger” or “imminent hazard” means a condition which could cause serious or life-threatening injury or death at any time.
G. “Nonconforming” means any building, premises, or structure which lawfully existed prior to the effective date of the ordinance codified in this chapter, but which, due to the requirements adopted herein, no longer complies with one or more provisions of this code.
H. “Operating plan” means a state-mandated document, as required by OAR 918-020-0080, created and maintained by the building official, that outlines policies, procedures, rules, timelines, hours of operation and general administrative procedures describing the operation of the building division.
I. “Public way” means any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
J. “State building code” means all of the combined specialty codes together, including the electrical, plumbing and mechanical codes, as provided in ORS 455.010(8). [Ord. 23-418-O § 127 (Exh. A-2)].
15.05.080 Alternate materials and methods.
A. The provisions of this chapter are not intended to prevent the use of any alternate material, design or method of construction not specifically prescribed by this chapter, provided such alternate material, design, or method has been approved and its use authorized by the building official.
B. The building official may approve any such alternate material, design or method, provided the building official finds that the proposed material, design or method complies with the provisions and intent of this chapter and that it is, for the purpose intended, at least the equivalent of that prescribed in this chapter in suitability, strength, effectiveness, fire resistance, durability, safety, and sanitation.
C. The building official may require that evidence or proof be submitted to substantiate any claims that may be made regarding the use of such alternate material, design, or method. The details of any approval of any alternate material, design, or method shall be recorded and entered in the files of the city. [Ord. 23-418-O § 127 (Exh. A-2)].
15.05.090 Modifications.
When there are practical difficulties in carrying out the provisions of the technical codes or this chapter, the building official may grant modifications for individual cases, provided the building official finds that the modification is in conformance with the intent and purpose of the technical codes or this chapter and that said modification does not lessen any health, life safety, or fire-protection requirements, nor any degree of structural integrity. [Ord. 23-418-O § 127 (Exh. A-2)].
15.05.100 Tests.
A. Whenever there is insufficient evidence of compliance with the provisions of this chapter or the technical codes, or that any material, method or design does not conform to the requirements of this chapter or the technical codes, the building official may require tests or engineering reports as proof of compliance to be made at no expense to this jurisdiction.
B. Test methods shall be as specified by this chapter, the technical codes, or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the building official shall determine test procedures.
C. All tests shall be made by a testing agency approved by the building official. The building official shall retain reports of such tests for the period required for the retention of public records. [Ord. 23-418-O § 127 (Exh. A-2)].
15.05.110 Unsafe buildings.
Buildings determined to be unsafe and/or dangerous in accordance with provisions of the Uniform Code for the Abatement of Dangerous Buildings as adopted and amended in this chapter are considered public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures described therein. [Ord. 23-418-O § 127 (Exh. A-2)].