Chapter 8.02
BUILDING CODE

Sections:

8.02.005    Short Title.

8.02.010    Definitions.

8.02.015    State Codes.

8.02.020    City Building Code Administration.

8.02.025    Repealed.

8.02.030    Board of Construction Appeals.

8.02.035    Permits Required.

8.02.040    Fees.

8.02.050    Repealed.

8.02.060    Repealed.

8.02.070    Street Addresses.

8.02.080    Failure to Obtain or Request Final Inspection or Issuance of Certificate of Occupancy.

8.02.090    Revocation of Business License.

8.02.100    Prohibited Deposits and Spillage.

8.02.110    Repealed.

8.02.120    Violations; Penalties; Remedies.

8.02.125    Building Official; Authority to Impose Administrative Civil Penalty.

8.02.126    Appeal Procedures.

8.02.130    Interpretation.

8.02.140    Structural Specialty Code Appendix G Amended.

8.02.005 Short Title.

BC 8.02.005 through 8.02.130 shall be known and may be cited as the “Building Code” and may also be referred to herein as “this ordinance.”

8.02.010 Definitions.

Building official – The City employee designated by the mayor to enforce the Building Code.

Fire Marshal – Shall have the same meaning given to “Chief of the Bureau of Fire Prevention” in BC 8.01.010.

8.02.015 State Codes.

The following State Specialty Codes are adopted as part of the Beaverton Code except as otherwise provided in this ordinance:

A. State of Oregon Structural Specialty Code, as adopted by ORS 455.010 through 455.895, OAR 918-460-010 through 918-460-015 including Appendix G Flood-Resistant Construction Sections: G101, G102, G103.1 through G103.3, G103.8, G104.1, G105, G201, G401.3 through G401.5, and G501 through G702, as amended*, and including Appendix AN Section 109.4.2 – Alternative Fire Sprinkler Requirements (“Structural Specialty Code”);

B. State of Oregon Mechanical Specialty Code, as adopted by ORS 455.020, OAR 918-440-010 through OAR 918-440-040 (“Mechanical Specialty Code”);

C. State of Oregon Plumbing Specialty Code, as adopted by ORS 447.020(2), OAR 918-750-010 including Appendix M, Rainwater Harvesting Systems (“Plumbing Specialty Code”);

D. State of Oregon Electrical Specialty Code, as adopted by ORS 479.525, OAR 918-305-0100 and delegated to the City by ORS 455.153 (“Electrical Specialty Code”);

E. State of Oregon Residential Specialty Code, as adopted by ORS 455.610, OAR 918-480-000 through 918-480-010 (“Residential Specialty Code”);

F. Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, by the International Conference of Building Officials (“Dangerous Buildings Code”);

G. State of Oregon Regulations for mobile or manufactured dwelling parks, temporary parks, manufactured dwelling installation support and tie down requirements, and park or camp requirements as adopted by OAR 918-500-000 through OAR 918-500-050, OAR 918-520-001 through OAR 918-520-002, OAR 918-650-000 through OAR 918-650-085;

H. State of Oregon Solar Installation Specialty Code, as adopted by ORS 455.010 through 455.895 and ORS 447.210 through 447.310. [BC 8.02.015, amended by Ordinance No. 3657, 3/20/89; Ordinance No. 3680, 6/12/89; Ordinance No. 3756, 10/15/90; Ordinance No. 3768, 2/11/91; Ordinance No. 3848, 8/16/93; Ordinance No. 3978, 3/31/97; Ordinance No. 4115, 8/7/00; Ordinance No. 4344, 3/28/05; Ordinance No. 4393, 6/12/06; Ordinance No. 4434, 4/16/07; Ordinance No. 4477, 4/14/08; Ordinance No. 4556, 10/19/10]

*    Amendments to Appendix G, Flood Resistant-Construction, are set forth in BC 8.02.140.

8.02.020 City Building Code Administration.

The City shall provide a program of Building Code administration including plan checking, permit issuing and inspection for structural, mechanical, plumbing and electrical work, and administration of the Dangerous Buildings Code. The Building Official is authorized to adopt rules of procedure for such administration that include, among other things, the authority to stop work and disallow occupancy or use of any building or service equipment in violation of this ordinance; the authority to refund all or part of building permit application fees as to applications that are withdrawn and permits that have lapsed; and the authority to dispose of permit applications and supporting documents, and to declare permits to have expired, at a point in time after applications are received and after permits have issued. [BC 8.02.020, amended by Ordinance No. 3680, 6/12/89; Ordinance No. 3978, 3/31/97]

8.02.025 Repealed.

[BC 8.02.025, amended by Ordinance No. 3978, 3/31/97; repealed by Ordinance No. 4344(1), 3/28/05]

8.02.030 Board of Construction Appeals.

For application in this City, the sections pertaining to appeals in the State Mechanical Specialty Code, Plumbing Specialty Code, Structural Specialty Code and Residential Specialty Code are replaced with the following:

“The Board of Construction Appeals provided for in BC 2.03.030 through 2.03.042 shall determine the suitability of alternate materials and methods of construction and provide for reasonable interpretations of the provisions and standards applicable to the Building Code and related activities.”

The Board of Construction Appeals shall have no authority to interpret the administrative rules authorized by this ordinance nor to waive requirements of the State Specialty Codes or City Building Code. [BC 8.02.030, amended by Ordinance No. 3978, 3/31/97; Ordinance No. 4167, 6-11-01; Ordinance No. 4344, 3/28/05]

8.02.035 Permits Required.

Any owner, person, or authorized agent who intends to construct, alter, enlarge, repair, move, demolish, or change the occupancy of any building, structure, appurtenance, or service equipment or cause any such work to be done shall first make application to the building official and obtain the required permit. [BC 8.02.035, added by Ordinance No. 4362, 8/1/05]

8.02.040 Fees.

The fees for inspections, plan reviews and appeals referenced in the State Structural Specialty Code, Residential Specialty Code, Mechanical Specialty Code, Plumbing Specialty Code and Electrical Specialty Code shall be set by council resolution. [BC 8.02.040, amended by Ordinance No. 3680, 6/12/89; Ordinance No. 3756, 10/15/90; Ordinance No. 3978, 3/31/97; Ordinance No. 4167, 6/11/01; Ordinance No. 4344, 3/28/05]

8.02.050 Repealed.

[BC 8.02.050, amended by Ordinance No. 3680, 6/12/89; Ordinance No. 3978, 3/31/97; repealed by Ordinance No. 4167, 6/11/01]

8.02.060 Repealed.

[BC 8.02.060, amended by Ordinance No. 3680, 6/12/89; Ordinance No. 3978, 3/31/97; repealed by Ordinance No. 4167, 6/11/01]

8.02.070 Street Addresses.

No certificate of occupancy shall be issued, nor final inspection approved, nor shall a person occupy or allow occupancy of a building unless a street number assigned pursuant to BC 9.02.010 through 9.02.070 is displayed in accordance with the requirements of BC 9.02.040.

8.02.080 Failure to Obtain or Request Final Inspection or Issuance of Certificate of Occupancy.

No person shall fail to obtain or request a final inspection or certificate of occupancy as required by this ordinance nor shall a person occupy or allow occupancy of a building unless a final inspection has been completed and approved or a certificate of occupancy has been issued.

8.02.090 Revocation of Business License.

[BC 8.02.090, repealed by Ordinance No. 3309, 1/4/83]

8.02.100 Prohibited Deposits and Spillage.

A. No person shall dump, move or place earth, rock, sand, gravel, stone or construction or building materials so as to cause them to be deposited upon or roll, flow or wash upon or over the premises of another without the express consent of the owner of the premises so affected or upon or over any public place, way, street or sidewalk.

B. No person shall, when hauling or transporting earth, rock, sand, gravel, stone or construction or building materials on or over any public place, way, street or sidewalk, permit, allow or cause such material to blow, drop, leak, fall or spill upon the public place, way, street or sidewalk.

C. When the building official determines that a violation of this section has occurred as a result of building or construction activities at a particular site or as a result of hauling or transporting to or from a particular building or construction site, the building official may issue a citation for the violation or may order the work stopped at that particular site by notice served on a person engaged in building or construction activities at the site. If a stop work order is issued, all work shall stop at the site until the prohibited deposit or spillage has been corrected or removed to the satisfaction of the building official.

8.02.110 Repealed.

[BC 8.02.115, amended by Ordinance No. 3680, 6/12/89; Ordinance No. 3978, 3/31/97; repealed by Ordinance No. 4167, 6/11/01; repealed by Ordinance No. 4344(1), 3/28/05]

8.02.120 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 chapter.

B. Violation of a provision of this chapter shall be subject to a civil penalty not exceeding $250.00 and shall be processed in accordance with the procedures set forth in BC 8.02.125 through 8.02.126.

C. Each day that a violation of a provision of this chapter exists constitutes a separate violation.

D. In addition to the above penalties, a condition caused or permitted to exist in violation of this chapter is a public nuisance and may be abated by any of the procedures set forth in BC 5.05.200 through 5.05.260. The City Attorney is authorized to institute any legal proceedings necessary to abate the public nuisance.

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 the Beaverton Code, or other City ordinance, or law. [BC 8.02.120, amended by Ordinance No. 4521, 11/30/09]

8.02.125 Building Official; Authority to Impose Administrative Civil Penalty.

A. In addition to, and not in lieu of, any other enforcement mechanism authorized by this code, upon a determination by the building official that a person has violated a provision of this chapter or a rule adopted thereunder, the building official may impose upon the violator and/or any other responsible person an administrative civil penalty as provided by subsections A to L 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 as well.

B. Prior to imposing an administrative civil penalty under this section, the building official shall pursue reasonable attempts to secure voluntary correction, failing which the building official may issue a notice of civil violation to one or more of the responsible persons to correct the violation. Except where the building official determines that the violation poses an immediate threat to health, safety, environment, or public welfare, the time for correction shall be not less than five calendar days.

C. 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 completed. If the required correction has not been completed by the date or time specified in the order, the building official may impose a civil penalty on each person to whom an order to correct was issued.

D. Notwithstanding subsection B of this section, the building official may impose a 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.

E. In imposing a penalty authorized by this section, the building official shall consider:

1. The person’s past history in taking all feasible steps or procedures necessary or appropriate to correct the violation;

2. Any prior violations of statutes, rules, orders, and permits;

3. The gravity and magnitude of the violation;

4. Whether the violation was repeated or continuous;

5. Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act;

6. The violator’s cooperativeness and efforts to correct the violation; and

7. Any relevant rule of the building code or the City code.

F. The notice of civil penalty shall either be served by personal service or shall be sent by registered or certified mail and by first class mail. Any such notice served by mail shall be deemed received for purposes of any time computations hereunder 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. A notice of civil penalty shall include:

1. Reference to the particular code provision or rule involved;

2. A short and plain statement of the matters asserted or charged;

3. A statement of the amount of the penalty or penalties imposed;

4. 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 D of this section, a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated; and

5. A statement of the party’s right to appeal the civil penalty to the Mayor or Mayor’s designee.

G. Any person who is issued a notice of civil penalty may appeal the penalty to the Mayor or Mayor’s designee. The Mayor’s designee shall not be the building official or building inspector. The provisions of BC 8.02.126 shall govern any requested hearing, except that the burden of proof shall be on the building official.

H. A civil penalty imposed hereunder shall become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to the Mayor or Mayor’s designee pursuant to, and within the time limits established by, BC 8.02.126. If the responsible person appeals the civil penalty to the Mayor or Mayor’s designee, the penalty shall become final, if at all, upon issuance of the Mayor’s or Mayor’s designee’s decision affirming the imposition of the administrative civil penalty.

I. Each day the violator fails to remedy the code violation shall constitute a separate violation.

J. Failure to pay a penalty imposed hereunder within 10 days after the penalty becomes final as provided in subsection H of this section 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 subsection K of this section, other provisions of this code, or state statutes.

The civil administrative penalty authorized by this section shall be in addition to:

1. Assessments or fees for any costs incurred by the City in remediation, cleanup, or abatement; and

2. Any other actions authorized by law.

K. 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 become 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 docket of City liens. 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 docket of City liens. The lien shall be enforced in the same manner as liens established by Council resolution pursuant to BC 1.01.020. The interest shall commence from the date of entry of the lien in the lien docket.

L. In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to subsection A 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. [BC 8.02.125, added by Ordinance No. 4521, 11/30/09]

8.02.126 Appeal Procedures.

A. A person aggrieved by an administrative action of the building official taken pursuant to a section of this code authorizing an appeal under this section may, within 15 days after the date of notice of the action, appeal in writing to the building official. The appeal shall be accompanied by a $250.00 appeal fee as established by the City and shall state:

1. The name and address of the appellant;

2. The nature of the determination being appealed;

3. The reason the determination is incorrect; and

4. What the correct determination of the appeal should be.

An appellant who fails to file such a statement within the time permitted waives the objections, and the appeal shall be dismissed. Except as provided in subsection E of this section, the appeal fee is not refundable.

B. If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until final determination of the appeal. Notwithstanding this paragraph, an emergency suspension shall take effect upon issuance of, or such other time stated in, the notice of suspension.

C. Unless the appellant and the City agree to a longer period, an appeal shall be heard by the Mayor or Mayor’s designee within 30 days of the receipt of the notice of intent to appeal. At least 10 days prior to the hearing, the City shall mail notice of the time and location thereof to the appellant.

D. The Mayor or Mayor’s designee shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the Mayor or Mayor’s designee deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply.

E. The Mayor or Mayor’s designee shall issue a written decision within 10 days of the hearing date. The decision of the Mayor or Mayor’s designee after the hearing is final and may include a determination that the appeal fee be refunded to the applicant upon a finding by the Mayor or Mayor’s designee that the appeal was not frivolous. [BC 8.02.126, added by Ordinance No. 4521, 11/30/09]

8.02.130 Interpretation.

A. If a provision of this ordinance appears to conflict with any other provision of this ordinance or with any other law, Code section, ordinance or regulation having application within the City, the provision that is more restrictive shall govern.

B. Except where specifically provided otherwise, this ordinance shall not apply to a structure or portion of the structure that conforms with applicable building standards in effect at the time a building permit was issued for the structure and shall not invalidate or preclude prior, existing or future prosecutions for violations of the Building Code committed under previous applicable ordinances.

8.02.140 Structural Specialty Code Appendix G Amended.

The Structural Specialty Code Appendix G Flood Resistant Construction is amended to read as follows:

APPENDIX G

FLOOD-RESISTANT CONSTRUCTION

SECTION G101
ADMINISTRATION

G101.1 Purpose. The purpose of this appendix is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas designed to:

1. Prevent unnecessary disruption of commerce, access and public service during times of flooding;

2. Manage the alteration of natural floodplains, stream channels and shorelines;

3. Manage filling, grading, dredging and other development which may increase flood damage or erosion potential;

4. Prevent or regulate the construction of flood barriers which will divert floodwaters or which can increase flood hazards; and

5. Contribute to improved construction techniques in the floodplain.

G101.2 Objectives. The objectives of this appendix are to protect human life, minimize the expenditure of public money for flood control projects, minimize the need for rescue and relief efforts associated with flooding, minimize prolonged business interruption, minimize damage to public facilities and utilities, help maintain a stable tax base by providing for the sound use and development of flood-prone areas, contribute to improved construction techniques in the floodplain and ensure that potential owners and occupants are notified that property is within flood hazard areas.

G101.3 Scope. The provisions of this appendix shall apply to all proposed development in a flood hazard area established in Section G102.2.

G101.4 Violations. Any violation of a provision of this appendix, or failure to comply with a permit or variance issued pursuant to this appendix or any requirement of this appendix, shall be handled in accordance with BC 8.02.120.

SECTION G102
APPLICABILITY

G102.1 General. This appendix, in conjunction with the Oregon Structural Specialty Code (OSSC), provides minimum requirements for development located in flood hazard areas, including the installation of utilities, placement and replacement of manufactured homes, new construction and repair, reconstruction, rehabilitation, or additions to new construction and substantial improvement of existing buildings and structures, including restoration after damage.

G102.2 Establishment of flood hazard areas. Flood hazard areas are established by BC 9.05.015 and the City of Beaverton

Development Code, Ordinance 2050, Section 60.10.10.

SECTION G103
POWERS AND DUTIES

G103.1 Permit applications. The building official shall review all building permit applications to determine whether the development sites will be reasonably safe from flooding. If a proposed development site is in a flood prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and manufactured homes) shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with this code and ASCE 24.

G103.2 Other permits. It shall be the responsibility of the building official to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development.

G103.3 Determination of design flood elevations. If design flood elevations are not specified, the building official is authorized to require the applicant to:

1. Obtain, review and reasonably utilize data available from a federal, state or other source, or

2. Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a registered design professional. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the building official. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

G103.4 through G103.7: Not Adopted.

G103.8 Records. The building official shall maintain a permanent record of all building permits issued in flood hazard areas including copies of inspection reports and certifications required by OSSC Section 1612.

SECTION G104:
PERMITS

G104.1 Required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the building official and shall obtain the required permits as required in the OSSC.

G104.2 through G104.5: Not Adopted.

SECTION G105
VARIANCES

G105.1 General. The board of appeals established pursuant to BC 8.02.030 shall hear and decide requests for variances on buildings and structures and their appurtenances regulated by this appendix. The board of appeals shall base its determinations on technical justifications, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objective of this appendix and Section 1612 of the OSSC.

G105.2 Records. The building official shall maintain a permanent record of all variance actions, including justification for their issuance.

G105.3 Historic structures. A variance is authorized to be issued for the repair or rehabilitation of a historic structure upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure.

Exception: Within flood hazard areas, historic structures that are not:

a. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or

b. Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district;

c. Designated as historic under a state or local historic preservation program that is approved by the Department of Interior.

G105.4 Functionally dependent facilities. A variance is authorized to be issued for the construction or substantial improvement of a functionally dependent facility provided the criteria in Section 1612.1 are met and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to methods and materials that minimize flood damages during the design flood and create no additional threats to public safety.

G105.5 Restrictions. The board of appeals shall not issue a variance for any proposed development in a floodway if any increase in flood levels would result during the base flood discharge.

G105.6 Considerations. In reviewing applications for variances, the board of appeals shall consider all technical evaluations, all relevant factors, all other portions of this appendix and the following:

1. The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

4. The importance of the services provided by the proposed development to the community;

5. The availability of alternate locations for the proposed development that are not subject to flooding or erosion;

6. The compatibility of the proposed development with existing and anticipated development;

7. The relationship of the proposed development to the comprehensive plan and floodplain management program for that area;

8. The safety of access to the property in times of flood for ordinary and emergency vehicles;

9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

G105.7 Conditions for issuance. Variances shall only be issued by the board of appeals upon:

1. A technical showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site renders the elevation standards inappropriate;

2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable;

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances;

4. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and

5. Notification to the applicant in writing over the signature of the building official that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.

SECTION G201
DEFINITIONS

G201.1 General. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of the OSSC for general definitions.

G201.2 Definitions.

DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading or unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long-term storage, manufacture, sales or service facilities.

MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities, and as further defined by ORS 446.003. For floodplain regulation purposes the term “manufactured home” also includes recreational vehicles, park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days if permitted to be placed on a permanent foundation, permanently connected to utilities, or anchored to the land. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.

MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

RECREATIONAL VEHICLE. A vehicle with or without motive power, which is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes and specifically includes camping trailers, camping vehicles, motor homes, park trailers, bus conversions, van conversions, tent trailers, travel trailers, truck campers, combination vehicles which include a recreational vehicle use and any vehicle converted for use or partial use as a recreational vehicle. Recreational Vehicle does not include a station wagon, sports utility vehicle, van, bus, truck cab-over, utility vehicle or special use vehicle capable of providing eating or sleeping facilities unless the vehicle is also equipped with a holding tank, liquid petroleum gas or a 110 to 240 volt electrical system to be used in conjunction with the eating or sleeping facilities. If identified in some manner as a recreation vehicle by the manufacturer or registered as such with the State, it is prima facie a recreation vehicle. For floodplain regulation purposes, such vehicles shall be fully licensed and ready for highway use on wheels or jacking system and attached to the land only by quick disconnect type utilities and security devices and have no permanently attached additions.

VARIANCE. A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.

VIOLATION. A development that is not fully compliant with this appendix or Section 1612, as applicable.

SECTION G301: Not Adopted
SUBDIVISIONS

SECTION G401
SITE IMPROVEMENT

G401.1 through G401.2: Not Adopted.

G401.3 Sewer facilities. All new or replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with Chapter 8, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.

G401.4 Water facilities. All new replacement water facilities shall be designed in accordance with the provisions of Chapter 8, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems.

G401.5 Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

SECTION G501
MANUFACTURED HOMES

G501.1 Elevation. All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the lowest floor of the manufactured home is elevated to or above the design flood elevation.

G501.2 Foundations. All new and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on a permanent, reinforced foundation that is designed in accordance with Section 1612 of the OSSC.

G501.3 Anchoring. All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage. Manufactured homes shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

SECTION G601
RECREATIONAL VEHICLES

G601.1 Placement prohibited. The placement of recreational vehicles shall not be authorized in flood hazard areas subject to high velocity wave action and in floodways.

G601.2 Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use, and shall be placed on a site for less than 180 consecutive days.

G601.3 Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Section G501 for manufactured homes.

SECTION G701
TANKS

G701.1 Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydraulic loads, including the effects of buoyancy, during conditions of the design flood.

Above-ground tanks. Above-ground tanks in flood hazard areas shall be elevated to or above the design flood elevation or shall be anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic or hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

Tank inlets and vents. In flood hazard areas, tank inlets, fill openings, outlets and vents shall be:

1. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood.

2. Anchored to prevent lateral movement resulting from hydrodynamic or hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

SECTION G701
REFERENCED STANDARDS

ASCE 24-98 Flood Resistance Design G103.1, and Construction G401.3, G401.4

HUD 24 CFR Manufactured Homes G201

Part 3280-94 Construction and Safety Standards, 1994

IBC-2003 International Building Code G102.2

[BC 8.02.140, added by Ordinance No. 4393, 6/12/06]