Chapter 8.06
GENERAL PROVISIONS RELATING TO CONSTRUCTION CODES
Sections:
8.06.005 Short Title.
8.06.010 Purpose and Scope of BC 8.06.005 through 8.06.070.
8.06.015 Definitions.
8.06.020 Service of Notices and Orders.
8.06.025 Notice and Opportunity to Be Heard.
8.06.035 Secretary to the Construction Board of Appeals.
8.06.040 Duties of Board.
8.06.045 Appeals to the Construction Board of Appeals.
8.06.050 Appeal Procedures.
8.06.055 Determination by the Board.
8.06.060 Failure to Obey Final Order.
8.06.065 Appeal of the Board Action.
8.06.070 Violation.
8.06.005 Short Title.
BC 8.06.005 through 8.06.070 shall be known and may be cited as “Construction Codes: General Provisions” and may also be referred to herein as “this ordinance” or “general provisions”.
8.06.010 Purpose and Scope of BC 8.06.005 through 8.06.070.
The purpose of BC 8.06.005 through 8.06.070 is to provide uniformity in the procedures used in conjunction with the administration and enforcement of the construction codes. The provisions of this ordinance shall govern except when different provisions are specifically set out in the particular code under which the Board or secretary is proceeding.
8.06.015 Definitions.
As used in this ordinance the following mean:
Board, Board of Appeals or Construction Board of Appeals – The Construction Board of Appeals provided for in BC 2.03.030 through 2.03.042.
Building Code – BC 8.02.005 through 8.02.130 as now enacted or hereafter amended.
Building official – The person designated by the mayor to perform the duties assigned to the building official by the Building Code.
Construction codes – The Building Code and the Fire Code.
Fire chief – Shall have the same meaning it is given in BC 8.01.010.
Fire Code – BC 8.01.010 through 8.01.090 as now enacted or hereafter amended.
Secretary – The person designated by BC 8.06.035 to be the secretary for the Board in matters relating to the particular code under which the appeal or action is taken.
8.06.020 Service of Notices and Orders.
Except where specifically provided otherwise in the construction codes, a notice or order provided for in the construction codes, shall state the reasons for its issuance and may be served either:
A. By delivering a copy personally to the person entitled to the notice; or,
B. By leaving a copy of such notice or order in a conspicuous place on the premises and mailing a copy of the notice or order, postage prepaid, to the person entitled to notice addressed to the person’s place of business or house address or to the address given on the application for a permit.
8.06.025 Notice and Opportunity to Be Heard.
Except where specifically provided otherwise in the construction codes, when notice and opportunity to be heard are required by the construction codes or by application of the general law relating to the construction code, the secretary of the Board may use the applicable procedural provisions of BC 8.06.045 through 8.06.055 even though the occasion for notice and the opportunity to be heard is not an appeal.
8.06.035 Secretary to the Construction Board of Appeals.
A. Building Official as Secretary. When the board acts in its capacity as the appeals board under the Building Code, the building official as defined in BC 8.06.015 shall act as an ex-officio member of and secretary to the Board.
B. Fire Chief as Secretary. When the Board acts in its capacity as a board of appeals under the Fire Code, the fire chief as defined in BC 8.06.015 shall act as an ex-officio member of and secretary to the Board.
8.06.040 Duties of Board.
A. Materials and Methods.
1. The Board may approve any materials or methods equivalent to those called for in the various codes, provided the alternate materials or methods:
a. meet the minimum standards prescribed under State law;
b. do not constitute a sanitary hazard or cause pollution of any water supply; and
c. provide a substantially equivalent degree of safety and generally conform to national standards concerning fire prevention, fire safety measures and building construction requirements for safety.
B. Appeals. Where a provision of a construction code grants the right to appeal, the Board shall hear the appeal pursuant to BC 8.06.045 through 8.06.055
8.06.045 Appeals to the Construction Board of Appeals.
A. Appeals to the Board shall be processed in accordance with the provisions set out in BC 8.06.050 and 8.06.055 and any rules and regulations pertaining to appeals adopted by the Board.
B. Copies of all rules and regulations adopted by the Board pursuant to BC 2.03.002E shall be delivered to the secretary and shall be a public record.
8.06.050 Appeal Procedures.
A. Only an aggrieved person may appeal a notice, order or decision. When an appeal authorized in the construction codes is taken, it shall be processed in accordance with the provisions of this section. An aggrieved person who wishes to appeal a notice, order or decision relating to any of the construction codes must file at the office of the secretary a written appeal containing:
1. a heading in the words: “Before the Construction Board of Appeals of the City of Beaverton”;
2. a caption reading: “Appeal of________”, giving the names of all appellants participating in the appeal;
3. a brief statement setting forth the legal interest of each of the appellants in the building or land involved in the notice and order;
4. a brief statement in ordinary and precise language of the specific order or action protested, the applicable Code section and any material facts claimed to support the contentions of the appellant;
5. a brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
6. signatures of all parties named as appellants and their mailing addresses;
7. the verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. An appeal shall be filed within ten days from the date of the notice of the action or order taken which the appellant wishes to appeal.
B. Processing of Appeal. On receipt of any appeal filed under this section, the secretary shall present it at the next regular or special meeting of the Board.
C. Scheduling and Noticing Appeal for Hearing.
1. As soon as practical after receiving the written appeal, the board of appeals or the secretary shall set a date, time and place for the Board hearing. The date of the hearing shall be not more than 60 calendar days from the date the appeal was filed with the secretary, unless the appellant requests or agrees to a later time.
2. Written notice of the time and place of the hearing shall be given to each appellant at least ten calendar days before the date of the hearing by the secretary either by causing a copy of the notice to be delivered to the appellant personally, or by mailing a copy postage prepaid, addressed to the appellant at the appellant’s address shown on the appeal. An appellant may waive the ten day written notice.
D. Effect of Failure to Appeal. Failure of a person to file an appeal in accordance with these provisions constitutes a waiver of that person’s right to an administrative hearing on adjudication of the notice and order. The decision or action of the building official or the fire chief shall be final.
E. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered by the board in hearing the appeal.
F. Staying of Order Under Appeal. Enforcement of any notice and order of the secretary issued under the provisions of the construction codes shall be stayed during an appeal that is properly and timely filed, except when a stay of the notice or order presents an exigent danger to the health and safety of persons or property.
8.06.055 Determination by the Board.
A. After the appeal is heard, the Board shall:
1. affirm the decision or action of the building official or fire chief; or,
2. reverse the decision or action of the secretary; or,
3. modify the decision or action of the building official or fire chief.
B. Before the formal decision is issued in writing, the Board shall make findings of fact and conclusions representing the official determination of the Board and specifying the basis for the decision.
C. The Board shall also specify a date by which the order must be complied with.
D. Effective Date. The decision of the Board shall be effective at the time the decision is made unless the Board directs otherwise.
E. The appellant shall be given written notification of the Board’s decision.
8.06.060 Failure to Obey Final Order.
A. No person to whom a final order is directed shall fail to obey a final order of the building official, fire chief or the board of appeals.
B. If a person to whom a final order is directed fails to obey the final order, the building official or fire chief may:
1. cause a citation for civil infraction to be issued under this section; or
2. institute or cause to be instituted an appropriate action to condemn the premises in accordance with law.
C. An order is final when no appeal has been taken within the time specified for taking an appeal.
8.06.065 Appeal of the Board Action.
The decision of the Board on matters appealed to it shall be final and conclusive unless, within 30 calendar days after the date of the decision of the Board, an aggrieved party appeals the Board’s decision to the State of Oregon Structural Code Advisory Board, except that appeals of decisions relating to the Fire Code shall be to a court of competent jurisdiction, not the State Structural Code Advisory Board.
8.06.070 Violation.
A. A violation of BC 8.06.060 is a Class 1 Civil Infraction to be processed in accordance with the procedures set forth in BC 2.10.010 through 2.10.050.
B. Each day that a violation exists constitutes a separate violation.