Chapter 15.04 BUILDING CODES

The city of Dundee, Oregon, hereby adopts the Oregon Structural Specialty Code; the National Fire Protection Association Standards, numbers 20, 22 and 24; the Oregon Mechanical Specialty Code; the Oregon Plumbing Specialty Code; the Oregon Electrical Specialty Code; the Oregon One- and Two-Family Dwelling Specialty Code; and the Manufactured Dwelling Code. These codes and the regulations contained in this chapter shall be known as the city of Dundee, Oregon, building code, may be cited as such and will be referred to herein as the “code.” All ordinances or portions of ordinances in conflict herewith are hereby repealed. [Ord. 339 § 1, 1996].

15.04.020 Purpose.

The purpose of this code is to establish uniform performance standards providing reasonable safeguards for health, welfare, comfort and security of the residents of this jurisdiction who are occupants and users of buildings and for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation. [Ord. 339 § 2, 1996].

15.04.030 Scope.

This code shall apply to the construction, alteration, moving, demolition, repair, maintenance and work associated with any building or structure except those located in a public way.

Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

Where, in any specific case, there is a conflict between this code and Oregon Revised Statute, the statute shall govern. [Ord. 339 § 3, 1996].

15.04.040 Definitions.

For the purpose of the code, the following definition shall apply:

“Building official” shall mean the duly appointed building official for the city of Dundee. [Ord. 339 § 4, 1996].

15.04.050 Alternate materials and methods.

The provisions of this code are not intended to prevent the use of any alternate material, design or method of construction not specifically proscribed by this code, provided such alternate has been approved and its use authorized by the building official.

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 of this code and that it is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

The building official shall require that evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any approval of any alternate material, design or method shall be recorded and entered in the files of the building official. [Ord. 339 § 5, 1996].

15.04.060 Modifications.

When there are practical difficulties in carrying out the provisions of this code, the building official may grant modifications provided the building official finds that the modification is in conformance with the intent and purpose of this code and that said modification does not lessen any fire-protection requirements nor the structural integrity of the building involved. Any action granting modification shall be recorded in the files of the building official. [Ord. 339 § 6, 1996].

15.04.070 Tests.

Whenever there is insufficient evidence of compliance with the provisions of this code or that any material, method or design does not conform to the requirements of this code, the building official may require tests as proof of compliance to be made at no expense to this jurisdiction.

Test methods shall be as specified by this code 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.

All tests shall be made by an approved testing agency. Reports of such tests shall be retained by the building official for the period required for the retention of public records. [Ord. 339 § 7, 1996].

15.04.080 Powers and duties of building official.

The building official is authorized to enforce all the provisions of this code.

The building official shall have the power to render written and oral interpretations of this code and to adopt and enforce administrative procedures in order to clarify the applications of its provisions. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of this code. [Ord. 339 § 8, 1996].

15.04.090 Right of entry.

When it may be necessary to inspect to enforce the provisions of this code, or the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code or which otherwise makes the building or premises unsafe, dangerous or hazardous, the building official may enter said building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by Oregon laws to secure entry. [Ord. 339 § 9, 1996].

15.04.100 Stop work orders.

Whenever any work is being done contrary to the provisions of this code (or other pertinent laws or ordinances implemented through its enforcement), the building official may order the work stopped by notice in writing served on any person(s) engaged in the doing or causing such work to be done. Such person(s) shall stop such work until specifically authorized by the building official to proceed thereafter. [Ord. 339 § 10, 1996].

15.04.110 Authority to disconnect utilities in emergencies.

The building official or the building official’s authorized representative shall have the authority to disconnect fuel-gas utility service, and/or other energy supplies to a building, structure, premises or equipment regulated by this code when necessary to eliminate an immediate hazard to life or property. The building official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection within a reasonable time thereafter. [Ord. 339 § 11, 1996].

15.04.120 Authority to abate hazardous equipment.

When the building official ascertains that equipment, or any portion thereof, regulated by this code has become hazardous to life, health or property, the building official shall order the equipment either removed from its location or restored to a safe and/or sanitary condition, as appropriate. The notice shall be in writing and contain a fixed time for compliance. Persons shall not use the defective equipment after receiving the notice.

When equipment or an installation is to be disconnected, written notice of the disconnection (and causes therefor) shall be given within 24 hours to the involved utility, the owner and/or occupant of the building, structure or premises. When equipment is maintained in violation of this code and in violation of a notice issued pursuant to the provisions of this section, the building official may institute such action as he/she deems necessary to prevent, correct or abate the violation. [Ord. 339 § 12, 1996].

15.04.130 Connection after order to disconnect.

No person shall make a connection to or from an energy, fuel or power supply to any equipment regulated by this code which has been disconnected or ordered disconnected or discontinued by the building official until the building official specifically authorizes the reconnection and/or use of such equipment. [Ord. 339 § 13, 1996].

15.04.140 Maintenance.

All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this section, the building official may cause a structure to be reinspected. [Ord. 339 § 14, 1996].

15.04.150 Occupancy violations.

Whenever any building, structure or equipment therein regulated by this code is used contrary to the provisions of this code, the building official may order any or all of the following: (A) such use discontinued, (B) the structure (or portion thereof) vacated, or (C) the suspension of the certificate of occupancy. All persons using the structure (or portion thereof) shall discontinue the use within the time prescribed by the building official in his notice and make the structure, or portion thereof, comply with the requirements of this code. [Ord. 339 § 15, 1996].

15.04.160 Appeal procedure.

An appeal shall be in writing, shall describe the basis for the appeal and shall first be filed with the city recorder for the city of Dundee, Oregon.

Any person aggrieved by a decision of the building official made pursuant to the following specialty codes may appeal that decision as follows:

Electrical Specialty Code – appeals may be made to the State of Oregon, Building Codes Division, Chief Electrical Inspector.

Structural Specialty Code – appeals may be made to the State of Oregon, Building Codes Structures Board.

Mechanical Specialty Code – appeals may be made to the State of Oregon, Building Codes Structures Board.

Plumbing Specialty Code – appeals may be made to the State of Oregon, Building Codes Division.

One- and Two-Family Dwelling Specialty Code – appeals may be made to the State of Oregon, Building Codes Structures Board.

Manufactured Dwelling Code – appeals may be made to the State of Oregon, Manufactured Structures and Parks Advisory Board. [Ord. 339 § 16, 1996].

15.04.170 Plans and permits.

The applications, plans, specifications, computations and other data filed by an applicant for a permit shall comply with the requirements of Section 106.3 of the Uniform Building Code and shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees have been paid, the city shall issue a permit therefor to the applicant.

When the city issues a permit where plans are required, the building official shall endorse in writing or stamp the plans and specifications “APPROVED.” Such approved plans and specifications shall not be changed, modified and altered without authorization from the building official, and all work regulated by this code shall be done in accordance with the approved plans.

The city may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of a partial permit shall proceed without assurance that the permit for the entire building or structure will be granted. [Ord. 339 § 17, 1996].

15.04.180 Retention of plans.

One set of approved plans, specifications and computations of the work covered therein shall be retained permanently by the city and one set of approved plans and specifications shall be returned to the applicant. The set returned to the applicant shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. [Ord. 339 § 18, 1996].

15.04.190 Validity of permit.

The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction or any other federal, state, or local law, statute, rule, regulation, or ordinance.

The issuance of a permit based on plans, specifications and other data shall not prevent the city from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of this code or of any other ordinances of this jurisdiction. [Ord. 339 § 19, 1996].

15.04.200 Expiration of plan reviews.

Applications for which no permit is issued within 180 days following the date of the application shall expire and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The city may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken by the applicant to obtain a permit. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. [Ord. 339 § 20, 1996].

15.04.210 Permit expiration, extension and reinstatement.

Every permit issued by the city shall expire and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days after the suspension or abandonment. The work shall not be considered suspended or abandoned where the permittee has pursued activities deemed by the city to indicate the intent to start and complete the project. The city may require the permittee to document these activities.

Every permit issued by the city shall expire and become null and void 24 months after the date of permit issuance. If the building or work authorized by such permit has not received final inspection approval prior to the permit expiration date, all work shall stop until a new permit is obtained for the value of the work remaining unfinished.

EXCEPTION: At the time of permit issuance the city may approve a period exceeding 24 months for completion of work when the permittee can demonstrate that the complexity or size of the project makes completing the project within 24 months unreasonable.

Any permittee holding an unexpired permit may apply for an extension of the time within which work is to be completed under that permit when the permittee is unable to complete work within the time required by this section for good and satisfactory reasons. The city may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented work from being completed. No permit shall be extended more than once. [Ord. 339 § 21, 1996].

15.04.220 Work without a permit – Investigation fees.

Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. [Ord. 339 § 22, 1996].

15.04.230 Not transferable.

A permit issued to one person or firm is not transferable and shall not permit any other person or firm to perform any work thereunder. [Ord. 339 § 23, 1996].

15.04.240 Suspension – Revocation.

The city through the building official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error on the basis of incorrect information supplied, or if its issuance (or activity thereunder) is in violation of any ordinance or regulation of any other provisions of the Dundee Municipal Code. [Ord. 339 § 24, 1996].

15.04.250 Inspections.

It shall be the duty of the permit holder or authorized agent to request all inspections that may be necessary or otherwise required in a timely manner, to provide access to the site, and to provide all equipment as may be deemed necessary or appropriate by the building official. The permit holder shall not proceed with construction activity until authorized to do so by the building official. It shall be the duty of the permit holder to cause the work to remain accessible and exposed for inspection purposes. Any expense incurred by the permit holder to remove or replace any material required for proper inspection shall be the responsibility of the permit holder or his agent.

Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available an inspection record card such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained available by the permit holder until final approval has been granted by the building official. [Ord. 339 § 25, 1996].

15.04.260 Structural code.

All building within the city limits shall comply with the Uniform Building Code and the specialty codes and the city, state and/or federal standards in effect at the time the permit is issued. [Ord. 339 § 26, 1996].

15.04.270 Fees.

Fees charged under this code shall be as provided in the statement of fees issued by the Department of Consumer and Business Services, Oregon Building Codes Division. [Ord. 339 § 27, 1996].

15.04.280 Severability.

If any section, paragraph, subdivision, clause, sentence, or provision of this code 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 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 code notwithstanding the parts to be declared unconstitutional and invalid. [Ord. 339 § 28, 1996].

15.04.290 Penalties.

Any person violating any of the provisions herein for which a special penalty has not been expressly provided shall, upon conviction thereof, be punished by a fine not to exceed $1,000 per violation. Each day that a violation exists is a separate offense. [Ord. 339 § 29, 1996].