Chapter 15.05 BUILDING ADMINISTRATIVE CODE

A. Title. These regulations shall be known as the building administrative code, may be cited as such and will be referred to herein as “this chapter.”

B. Purpose. The purpose of this chapter is to provide for the administration and enforcement of the Oregon specialty codes.

C. Scope. The provisions of this chapter shall serve as the administrative, organizational and enforcement rules and regulations for the specialty codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within this jurisdiction.

Where, in any specific case, there is a conflict between this chapter and the Oregon Revised Statutes, the statute shall govern. [Ord. 375 § 101, 1996].

15.05.020 Application to existing buildings and building service equipment.

A. General. Buildings, structures and their building service equipment to which additions, alterations or repairs are made shall comply with all the requirements of the specialty codes for new facilities, except as specifically provided in this section.

B. Additions, Alterations or Repairs. Additions, alterations or repairs may be made to a building or its building service equipment without requiring the existing building or its building service equipment to comply with all the requirements of the specialty codes, provided the addition, alteration or repair conforms to that required for a new building or building service equipment.

Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the specialty codes nor all such additions or alterations cause the existing building or building service equipment to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or building service equipment to become structurally unsafe or overloaded; will not provide adequate egress in compliance with the provisions of the building code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance; will cause building service equipment to become overloaded or exceed their rated capacities; will create a health hazard or will otherwise create conditions dangerous to human life. A building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted by the building code for new buildings. A building plus new additions shall not exceed the height, number of stories and area specified by the building code for new buildings.

Additions or alterations shall not be made to an existing building or structure when the existing building or structure is not in full compliance with the provisions of the building code except when the addition or alteration will result in the existing building or structure being no more hazardous based on life safety, fire safety and sanitation, than before such additions or alterations are undertaken.

Exception: Alterations of existing structural elements, or additions of new structural elements, which are not required by subsection (C) of this section and which are initiated for the purpose of increasing the lateral-force-resisting structure need not be designed for forces conforming to these regulations; provided, that an engineering analysis is submitted to show that:

1. The capacity of existing structural elements required to resist forces is not reduced; and

2. The lateral loading to required existing structural elements is not increased beyond their capacity; and

3. New structural elements are detailed and connected to the existing structural elements as required by these regulations; and

4. New or relocated nonstructural elements are detailed and connected to existing or new structural elements as required by these regulations; and

5. An unsafe condition as defined above is not created.

Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect a structural member or a part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed, subject to approval by the building official. Installation or replacement of glass shall be as required for new installations.

Minor additions, alterations and repairs to existing building service equipment installations may be made in accordance with the specialty codes in effect at the time the original installation was made, subject to approval of the building official, and provided such additions, alterations and repairs will not cause the existing building service equipment to become unsafe, unsanitary or overloaded.

C. Existing Installations. Building service equipment lawfully in existence at the time of the adoption of the specialty codes may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment.

D. Existing Occupancy. Buildings in existence at the time of the adoption of the building code may have their existing use or occupancy continued if the use or occupancy was legal at the time of the adoption of the building code, and provided continued use is not dangerous to life, health and safety.

A change in the use or occupancy of any existing building or structure shall comply with the provisions of CMC 15.05.200 and Section 109 of the building code.

E. Maintenance. Buildings, structures and building service equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition. Devices or safeguards which are required by the specialty codes shall be maintained in conformance with the specialty codes under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and their building service equipment. To determine compliance with this subsection, the building official may cause a structure to be reinspected.

F. Moved Buildings. Buildings, structures and building service equipment moved into or within this jurisdiction shall comply with the provisions of the specialty codes for new buildings or structures and their building service equipment.

G. Temporary Structures. Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around an injunction with construction work may be erected by special permit from the building official for a limited period of time. Buildings or structures erected under a special permit need not comply with the type of construction or fire-resistive time periods required by the building code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

H. Historic Buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure, or its building service equipment may be made without conforming to the requirements of the specialty codes when authorized by the building official, provided:

1. The building or structure has been designated by official action of the legally constituted authority of this jurisdiction as having special historical or architectural significance.

2. Unsafe conditions as described in this chapter are corrected.

3. The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety and sanitation than the existing building. [Ord. 375 § 102, 1996].

15.05.030 Definitions.

For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

“Addition” is an extension or increase in floor area or height of a building or structure.

“Alter” or “alteration” is a change or modification in construction or building service equipment.

“Approved,” as to materials, types of construction, equipment and systems, refers to approval by the building official as the result of investigation and tests conducted by the building official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.

“Approved agency” is an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the building official.

“Building” is a structure used or intended for supporting or sheltering a use or occupancy.

“Building code” is the Oregon Structural Specialty Code.

“Building, existing” is a building erected prior to the adoption of the ordinance codified in this chapter, or one for which a legal building permit has been issued.

“Building official” is the officer or other designated authority charged with the administration and enforcement of this chapter, or a regularly authorized deputy.

“Building service equipment” refers to the plumbing, mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire-fighting and transportation facilities essential to the occupancy of the building or structure for its designated use.

“Dangerous buildings code” is the Uniform Code for the Abatement of Dangerous Buildings promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.

“Dwelling code” is the Oregon One and Two Family Dwelling Specialty Code.

“Electrical code” is the Oregon Electrical Specialty Code.

“Elevator code” is the safety code for elevators, dumbwaiters, escalators and moving walks as adopted by this jurisdiction.

“Jurisdiction,” as used in this chapter, is the city which adopts this chapter for administrative regulations within its area of authority.

“Listed” and “listing” are terms referring to equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current productions and which listing states that the material or equipment complies with accepted national standards which are approved, or standards which have been evaluated for conformity with approved standards.

“Manufactured home installation code” is the Oregon Manufactured Home Installation Specialty Code.

“Manufactured home park code” is the Oregon Manufactured Home Park Construction Specialty Code.

“Mechanical code” is the Oregon Mechanical Specialty Code.

“Occupancy” is the purpose for which a building, or part thereof, is used or intended to be used.

“Owner” is any person, agent, firm or corporation having a legal or equitable interest in the property.

“Permit” is an official document or certificate issued by the building official authorizing performance of a specified activity.

“Person” is a natural person, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

“Plumbing code” is the Oregon Plumbing Specialty Code.

“Recreational vehicle park code” is the Oregon Recreational Vehicle Park Construction Specialty Code.

“Repair” is the reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance.

“Shall,” as used in this chapter, is mandatory.

“Specialty codes” refers to those specialty codes adopted by the state of Oregon which constitute the Oregon Building Code which have been delegated to this jurisdiction for enforcement, containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment as herein defined.

“Structural observation” means the visual observation of the structural system, including, but not limited to, the elements and connections at significant construction stages, and the completed structure for general conformance to the approved plans and specifications. Structural observation does not include or waive the responsibility for the inspections required by CMC 15.05.170 and 15.05.180.

“Structure” is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

“UBC Standards” are those standards published in Volume 3 of the Uniform Building Code, promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.

“Valuation” or “value,” as applied to a building and its building service equipment, shall be the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs. [Ord. 375 § 103, 1996].

15.05.040 Conflicting provisions.

A. When conflicting provisions or requirements occur between this chapter, the specialty codes and other codes or laws, the most restrictive shall govern.

B. When conflicts occur between the specialty codes, those provisions providing the greater safety to life shall govern. In other conflicts where sanitation, life safety or fire safety are not involved, the most restrictive provisions shall govern.

C. Where in a specific case different sections of the specialty codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. [Ord. 375 § 104, 1996].

15.05.050 Alternate materials, methods of design and methods of construction.

A. The provisions of the specialty codes are not intended to prevent the use of any material, method of design or method of construction not specifically prescribed by the specialty codes, provided an alternate has been approved and its use authorized by the building official.

B. The building official may approve an alternate, provided the building official finds that the proposed design is satisfactory and complies with the provisions of the specialty codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the specialty codes in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

C. The building official shall require that sufficient evidence or proof be submitted to substantiate claims that may be made regarding its use. The details of an action granting approval of an alternate shall be recorded and entered in the files of the code enforcement agency. [Ord. 375 § 105, 1996].

15.05.060 Modifications.

Whenever there are practical difficulties involved in carrying out the provisions of the specialty codes, the building official may grant modifications for individual cases. The building official shall first find that a special individual reason makes the strict letter of the specialty codes impractical and the modification is in conformity with the intent and purpose of the specialty codes, and that such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity. The details of actions granting modifications shall be recorded and entered in the files of the code enforcement agency. [Ord. 375 § 106, 1996].

15.05.070 Tests.

A. Whenever there is insufficient evidence of compliance with the provisions of the specialty codes or evidence that materials or construction do not conform to the requirements of the specialty codes, the building official may require tests as evidence of compliance to be made at no expense to the jurisdiction.

B. Test methods shall be as specified by the specialty codes or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall determine test procedures.

C. Tests shall be made by an approved agency. Reports of such test shall be retained by the building official for the period required for the retention of public records. [Ord. 375 § 107, 1996].

Article II. Organization and Enforcement

15.05.080 Authority.

A. Creation of Enforcement Agency. There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official.

B. General. Whenever the term or title “administrative authority,” “responsible official,” “building official,” “chief inspector,” “code enforcement officer,” or other similar designation is used herein or in any of the specialty codes, it shall be construed to mean the building official designated by the appointing authority of this jurisdiction. [Ord. 375 § 201, 1996].

15.05.090 Powers and duties of building official.

A. General. The building official is hereby authorized and directed to enforce all the provisions of this chapter and the referenced specialty codes. For such purposes, the building official shall have the powers of a law enforcement officer.

B. Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official my appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency.

C. Right of Entry. When necessary to make an inspection to enforce any of the provisions of this chapter and the specialty codes, or when the building official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this chapter which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this chapter; provided, that if such building or premises be occupied, 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 persons having charge or control of the building or premises and request entry. Should entry be refused, the building official shall have recourse to the remedies provided by law to secure entry.

D. Stop Orders. When work is being done contrary to the provisions of this chapter, the specialty codes, or other pertinent laws or ordinances implemented through the enforcement of this chapter, the building official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the building official to proceed with the work.

E. Occupancy Violations. When a building or structure or building service equipment therein regulated by this chapter and the specialty codes is being used contrary to the provisions of such codes, the building official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes.

F. Authority to Disconnect Utilities. The building official or the building official’s authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment therein regulated by this chapter or the specialty codes in case of emergency where 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 building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

G. Authority to Condemn Building Service Equipment. When the building official ascertains that building service equipment regulated in the specialty codes has become hazardous to life, health or property, or has become insanitary, the building official shall order in writing that such notice itself shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice.

When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises.

When any building service equipment is maintained in violation of the specialty codes and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

H. Connection after Order to Disconnect. Persons shall not make connections from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment.

I. Liability. The building official charged with the enforcement of this chapter and the specialty codes, acting in good faith and without malice in the discharge of his duties, shall not thereby be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the building official or employee because of such act or omission performed by the building official or employee in the enforcement of the provisions of this chapter or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction.

This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling a building, structure or building service equipment therein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this chapter or permits or certificates issued under this chapter.

J. Cooperation of Other Officials and Officers. The building official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this chapter or other pertinent laws or ordinances. [Ord. 375 § 202, 1996].

15.05.100 Unsafe buildings, structures or building service equipment.

A. Buildings or structures regulated by this chapter and the specialty codes which are structurally inadequate or have inadequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe buildings.

B. Building service equipment regulated by such codes, which constitutes a fire, electrical or health hazard, or an insanitary condition, or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Use of buildings, structures or building service equipment constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.

C. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in the building code are hereby designated as unsafe building appendages.

D. Unsafe buildings, structures or appendages and building service equipment 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 the dangerous buildings code or such alternate procedure as may be adopted by this jurisdiction. As an alternative, the building official or other employee or official of this jurisdiction as designated by the governing body may institute other appropriate action to prevent, restrain, correct or abate the violation. [Ord. 375 § 203, 1996].

15.05.110 Board of appeals.

A. General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of the specialty codes, there shall be and is hereby created a board of appeals consisting of the members of the city council of this jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

B. Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this chapter or the administrative provisions of the specialty codes nor shall the board be empowered to waive requirements of either this chapter or the specialty codes. [Ord. 375 § 204, 1996].

15.05.120 Violations and penalties.

Repealed by Ord. 505. [Ord. 375 § 205, 1996].

Article III. Permits and Inspections

15.05.130 Permits.

A. Permits Required. Except as specified in subsection (B) of this section, no building, structure or building service equipment regulated by this chapter and the specialty codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the building official.

B. Work Exempt from Permit. A permit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in violation of the provisions of the specialty codes or any other laws or ordinances of this jurisdiction.

1. Building Permits. A building permit shall not be required for the following:

a. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet (11.15 m2).

b. Fences not over six feet (1,829 mm) high.

c. Oil derricks.

d. Movable cases, counters and partitions not over five feet nine inches (1,753 mm) high.

e. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids.

f. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed two to one.

g. Platforms, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below.

h. Painting, papering and similar finish work.

i. Temporary motion picture, television and theater stage sets and scenery.

j. Window awnings supported by an exterior wall of Group R, Division 3, and Group M occupancies when projecting not more than 54 inches (1,372 mm).

k. Prefabricated swimming pools accessory to a Group R, Division 3 occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18,925 L).

l. Agricultural buildings.

Unless otherwise exempted by this chapter, separate plumbing, electrical and mechanical permits will be required for the above exempted items.

2. Plumbing Permits. A plumbing permit shall not be required for the following:

a. The stopping of leaks in drains, soil, waste or vent pipe; provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this chapter.

b. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor for the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

3. Electrical Permits. An electrical permit shall not be required for the following:

a. To replace light bulbs, fluorescent tubes, or approved fuses, or to connect approved portable electrical equipment to permanently installed and properly wired receptacles.

b. For experimental electrical work or testing of electrical products in testing laboratories of electric shops, educational institutions, industrial plants, or recognized testing laboratories.

c. For those minor electrical installations for which the board has authorized an installation label.

4. Mechanical Permits. A mechanical permit shall not be required for the following:

a. A portable heating appliance.

b. Portable ventilating equipment.

c. A portable cooling unit.

d. A portable evaporative cooler.

e. A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the mechanical code.

f. Replacement of a component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the specialty codes.

g. Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirement of the specialty codes.

h. A unit refrigerating system as defined in the mechanical code. [Ord. 375 § 301, 1996].

15.05.140 Application for permit.

A. Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall:

1. Identify and describe the work to be covered by the permit for which application is made.

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

3. Indicate the use or occupancy for which the proposed work is intended.

4. Be accompanied by plans, diagrams, computations and specifications and other data as required in subsection (B) of this section.

5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.

6. Be signed by the applicant, or the applicant’s authorized agent.

7. Give such other data and information as may be required by the building official.

B. Submittal Documents. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. The building official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law.

Exception: The building official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter.

C. Information on Plans and Specifications. Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations.

Plans for buildings more than two stories in height of other than Group R, Division 3 and Group M occupancies shall indicate how required structural and fire-resistive integrity will be maintained when a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems.

D. Architect or Engineer of Record.

1. General. When it is required that documents be prepared by an architect or engineer, the building official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The building official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties.

The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building.

2. Deferred Submittals. For the purposes of this section, “deferred submittals” are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the building official within a specified period.

Deferral of any submittal items shall have prior approval of the building official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents for review by the building official.

Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been approved by the building official.

E. Inspection and Observation Program. When special inspection is required by CMC 15.05.180, the architect or engineer of record shall prepare an inspection program which shall be submitted to the building official for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work to have special inspection, the name or names of the individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors.

The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work.

When structural observation is required by CMC 15.05.190, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.

The inspection program shall include samples of inspection reports and provide time limits for submission of reports. [Ord. 375 § 302, 1996].

15.05.150 Permits issuance.

A. Issuance. The application, plans, specifications, computations and other data filed by an applicant for permit 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 an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this chapter and the specialty codes and other pertinent laws and ordinances, and that the fees specified in CMC 15.05.160 have been paid, the building official shall issue a permit therefor to the applicant.

When a permit is issued when 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 or altered without authorization from the building official, and all work regulated by this chapter shall be done in accordance with the approved plans.

The building official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the specialty codes. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service equipment will be granted.

B. Retention of Plans. One set of approved plans, specifications and computations shall be retained by the building official for a period of not less than 90 days from the date of completion of the work covered therein; and one set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.

C. Validity of Permit. The issuance 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 chapter or the specialty codes, or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this chapter or of other ordinances of the jurisdiction shall not be valid.

The issuance of a permit based on plans, specifications and other data shall not prevent the building official 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 these codes or of any other ordinances of this jurisdiction.

D. Expiration. Every permit issued by the building official under the provisions of the specialty codes shall expire by limitation 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. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

A permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits shall not be extended more than once.

E. Suspension or Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this chapter and the specialty codes when the permit is issued in error or on the basis of incorrect information supplied, or in violation of an ordinance or regulation or the provisions of these codes. [Ord. 375 § 303, 1996].

15.05.160 Fees.

A. General. Fees shall be assessed in accordance with a fee schedule established by resolution of the Creswell city council.

B. Permit Fees. The determination of value or valuation under any of the provisions of these codes shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems and other permanent equipment.

C. Plan Review Fees. When submittal documents are required by CMC 15.05.140(B), a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the permit fee established by resolution of the Creswell city council.

The plan review fees specified in this section are separate fees from the permit fees specified in subsection (B) of this section and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in CMC 15.05.140(D)(2), an additional plan review fee shall be charged at the rate established by resolution of the Creswell city council.

D. Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once. An application shall not be extended if this chapter or any other pertinent laws or ordinances have been amended subsequent to the date of application. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

E. Investigation Fees – Work without a Permit.

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

2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this chapter. The minimum investigation fee shall be the same as the minimum fee established by resolution of the Creswell city council. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this chapter or the specialty codes nor from the penalty prescribed by law.

F. Fee Refunds. The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this chapter.

The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.

The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. [Ord. 440 §§ 1 – 4, 2006; Ord. 375 § 304, 1996].

15.05.170 Inspections.

A. General. Construction or work for which a permit is required shall be subject to inspection by the building official and the construction or work shall remain accessible and exposed for inspection purposes until approved by the building official. In addition, certain types of construction shall have continuous inspection as specified in CMC 15.05.180.

The building official may implement additional or alternate inspection procedures or requirements by written administrative rules.

Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or of other ordinances of the jurisdiction. Inspection presuming to give authority to violate or cancel the provisions of this chapter or of other ordinances of the jurisdiction shall not be valid.

It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor this jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans.

B. Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the building official conveniently to 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.

C. Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official.

It shall be the duty of the person requesting any inspections required either by this chapter or the specialty codes to provide access to and means for inspection of the work.

D. Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate that that portion of the construction is satisfactory as completed or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this chapter. Any portions which do not comply shall be corrected and such portions shall not be covered or concealed until authorized by the building official.

There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.

E. Required Building Inspections. Reinforcing steel or structural framework of a part of a building or structure shall not be covered or concealed without first obtaining the approval of the building official.

The building official, upon notification, shall make the following inspections:

1. Foundation Inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready-mixed in accordance with UBC Standard 19-3, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the building official.

2. Concrete Slab or Under-Floor Inspection. To be made after in-slab or under-floor building service equipment, conduit, piping accessories, and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the subfloor.

3. Frame Inspection. To be made after the roof, framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes, and ducts are approved.

4. Lath and/or Wallboard Inspection. To be made after lathing and wallboard, interior and exterior, is in place but before plaster is applied or before wallboard joints and fasteners are taped and finished.

5. Final Inspection. To be made after finish grading and the building is completed and ready for occupancy.

F. Required Building Service Equipment Inspections.

1. General. Building service equipment for which a permit is required by this chapter shall be inspected by the building official. Building service equipment intended to be concealed by a permanent portion of the building shall not be concealed until inspected and approved. When the installation of building service equipment is complete, an additional and final inspection shall be made. Building service equipment regulated by the specialty codes shall not be connected to the water, fuel or power supply or sewer system until authorized by the building official.

2. Operation of Building Service Equipment. The requirements of this subsection shall not be considered to prohibit the operation of building service equipment installed to replace existing building service equipment serving an occupied portion of the building in the event a request for inspection of such building service equipment has been filed with the building official not more than 48 hours after the replacement work is completed, and before any portion of such building service equipment is concealed by permanent portions of the building.

G. Other Inspections. In addition to the called inspections specified above, the building official may make or require other inspections of construction work to ascertain compliance with the provisions of this chapter or specialty codes and other laws which are enforced by the code enforcement agency.

H. Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of the specialty codes, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official.

To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee in accordance with Tables 3-A through 3-D or as set forth in the fee schedule adopted by this jurisdiction.

In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. [Ord. 375 § 305, 1996].

15.05.180 Special inspections.

A. General. In addition to the inspections required by CMC 15.05.170, the owner or the engineer or architect of record acting as the owner’s agent shall employ one or more special inspectors who shall provide inspections during construction on the following types of work:

1. Concrete. During the taking of test specimens and placing of reinforced concrete. See subsection (A)(12) of this section for shotcrete.

Exceptions:

a. Concrete for foundations conforming to the minimum requirements of Table 18-A of the building code or for Group R, Division 3 or Group M, Division I occupancies, provided the building official finds that a special hazard does not exist.

b. For foundation concrete, other than cast-in-place drilled piles or caissons, where the structural design is based on a f'c no greater than 2,500 pounds per square inch (psi) (17.2 MPa).

c. Nonstructural slabs on grade, including prestressed slabs on grade when effective prestress in concrete is less than 150 psi (0.1 MPa).

d. Site work concrete fully supported on earth and concrete where no special hazard exists.

2. Bolts Installed in Concrete. Prior to and during the placement of concrete around bolts when stress increases permitted by Footnote 5 of Table 19-E or Section 1925.2 of the building code are utilized.

3. Special Moment-Resisting Concrete Frame. As required by Section 1701.5.3 of the building code.

4. Reinforcing Steel and Prestressing Tendons.

a. During all stressing and grouting of tendons in prestressed concrete.

b. During placing of reinforcing steel and prestressing tendons for concrete required to have special inspection by subsection (A)(1) of this section.

Exception: The special inspector need not be present continuously during placing of reinforcing steel and prestressing tendons, provided inspection for conformance with the approved plans, prior to the closing of forms or the delivery of concrete to the job site, has been accomplished.

5. Structural Welding.

a. General. During the welding of any member of connection which is designed to resist loads and forces required by this chapter.

Exceptions:

i. Welding done in an approved fabricator’s shop in accordance with subsection (F) of this section.

ii. The special inspector need not be continuously present during welding of the following items, provided the materials, qualifications of welding procedures and welders are verified prior to the start of work; periodic inspections are made of work in progress; and a visual inspection of all welds is made prior to completion or prior to shipment of shop welding:

(A) Single-pass fillet welds not exceeding 5/16 inch (7.9 mm) in size.

(B) Floor and roof deck welding.

(D) Welded sheet steel for cold-formed steel framing members such as studs and joists.

(E) Welding of stairs and railing systems.

b. Special Moment-Resisting Steel Frames. During the welding of special moment-resisting steel frames. In addition to the requirements of subsection (A)(5) of this section, nondestructive testing as required by Section 1703 of the building code.

c. Welding of Reinforcing Steel. During the welding of reinforcing steel.

Exception: The special inspector need not be continuously present during the welding of ASTMA A 706 reinforcing steel not larger than No. 5 bars used for embedments, provided the materials, qualifications of welding procedures and welders are verified prior to the start of work; periodic inspections are made of work in progress; and a visual inspection of all welds is made prior to completion or prior to shipment of shop welding.

6. High-Strength Bolting. As required by UBC Standard 22-4. Such inspections may be performed on a periodic basis in accordance with the requirements of subsection (E) of this section.

7. Structural Masonry.

a. For masonry, other than fully grouted open-end hollow-unit masonry, during preparation and taking of any required prisms or test specimens, placing of all masonry units, placement of reinforcement, inspection of grout space, immediately prior to closing of cleanouts, and during all grouting operations.

Exception: For hollow-unit masonry where the f'm is no more than 1,500 psi (10.3 MPa) for concrete units or 2,600 psi (17.9 MPa) for clay units, special inspection may be performed as required for fully grouted open-end hollow-unit masonry specified in subsection (A)(7)(b) of this section.

b. For fully grouted open-end hollow-unit masonry during preparation and taking of any required prisms or test specimens, at the start of laying units, after the placement of reinforcing steel, grout space prior to each grouting operation, and during all grouting operations.

Exception: Special inspection as required in subsections (A)(7)(a) and (b) of this section need not be provided when design stresses have been adjusted, as specified in Chapter 21 of the building code, to permit noncontinuous inspection.

8. Reinforced Gypsum Concrete. When cast-in-place Class B gypsum concrete is being mixed and placed.

9. Insulating Concrete Fill. During the application of insulating concrete fill when used as part of a structural system.

Exception: The special inspections may be limited to an initial inspection to check the deck surface and placement of reinforcing. The special inspector shall supervise the preparation of compression test specimens during this initial inspection.

10. Spray-Applied Fireproofing. As required by UBC Standard 7-6.

11. Piling, Drilled Piers and Caissons. During driving and testing of piles and construction of cast-in-place drilled piles or caissons. See subsections (A)(1) and (A)(4) of this section for concrete and reinforcing steel inspection.

12. Shotcrete. During the taking of test specimens and placing of all shotcrete and as required by Sections 1922.10 and 1922.11 of the building code.

Exception: Shotcrete work fully supported on earth, minor repairs and when, in the opinion of the building official, no special hazard exists.

13. Special Grading, Excavation and Filling. During earthwork excavations, grading and filling operations inspection to satisfy requirements of Chapter 33 of the building code.

14. Smoke-Control System.

a. During erection of ductwork and prior to concealment for the purposes of leakage testing and record of device location.

b. Prior to occupancy and after sufficient completion for the purposes of pressure difference testing, flow measurements, and detection and control verification.

15. Wood-Framed Diaphragms and Shear Walls. In Seismic Zones 3 and 4, whenever three-inch nominal framing is required by Table 23-J-1, 23-J-2, 23-K-1 or 23-K-2 of the building code, inspections may be performed on a periodic basis in accordance with the requirements of subsection (E) of this section.

16. Special Cases. Work which, in the opinion of the building official, involves unusual hazards or conditions.

B. Special Inspector. The special inspector shall be a qualified person who shall demonstrate competence, to the satisfaction of the building official, for inspection of the particular type of construction or operation requiring special inspection.

C. Duties and Responsibilities of the Special Inspector. The special inspector shall observe the work assigned for conformance with the approved design drawings and specifications.

The special inspector shall furnish inspection reports to the building official, the engineer or architect of record, and other designated persons. Discrepancies shall be brought to the immediate attention of the contractor for correction, then, if uncorrected, to the proper design authority and to the building official.

The special inspector shall submit a final signed report stating whether the work requiring special inspection was, to the best of the inspector’s knowledge, in conformance with the approved plans and specifications and the applicable workmanship provision of these codes.

D. Waiver of Special Inspection. The building official may waive the requirement for the employment of a special inspector if the construction is of a minor nature.

E. Continuous and Periodic Special Inspection.

1. Continuous Special Inspection. “Continuous special inspection” means that the special inspector is on the site at all times observing the work requiring special inspection.

2. Periodic Special Inspection. Some inspections may be made on a periodic basis and satisfy the requirements of continuous inspection, provided this periodic scheduled inspection is performed as outlined in the project plans and specifications and approved by the building official.

F. Approved Fabricators. Special inspections required by this section and elsewhere in this chapter or the specialty codes shall not be required where the work is done on the premises of a fabricator registered and approved by the building official to perform such work without special inspection. The certificate of registration shall be subject to revocation by the building official if it is found that work done pursuant to the approval is in violation of the specialty codes. The approved fabricator shall submit a certificate of compliance to the building official and to the engineer or architect of record stating that the work was performed in accordance with the approved plans and specifications. The approved fabricator’s qualifications shall be contingent on compliance with the following:

1. The fabricator has developed and submitted a detailed fabrication procedural manual reflecting key quality control procedures which will provide a basis for inspection control of workmanship and the fabricator plant.

2. Verification of the fabricator’s quality control capabilities, plant and personnel as outlined in the fabrication procedural manual shall be by an approved inspection or quality control agency.

3. Periodic plant inspections shall be conducted by an approved inspection or quality control agency to monitor the effectiveness of the quality control program.

4. It shall be the responsibility of the inspection or quality control agency to notify the approving authority in writing of any change to the procedural manual. Fabricator approval may be revoked for just cause. Reapproval of the fabricator shall be contingent on compliance with quality control procedures during the past years. [Ord. 375 § 306, 1996].

15.05.190 Structural observation.

Structural observation shall be provided in Seismic Zone 3 or 4 when one of the following conditions exists:

A. The structure is defined in Table 16-K of the building code as occupancy category I, II, or III;

B. The structure is required to comply with Section 403 of the building code;

C. When so designated by the architect or engineer of record; or

D. When such observation is specifically required by the building official for unusual lateral force-resisting systems or irregular structures as defined in Section 1633 of the building code.

The owner shall employ the engineer or architect responsible for the structural design, or another engineer or architect designated by the engineer or architect responsible for the structural design, to perform structural observation as defined in Section 220 of the building code. Observed deficiencies shall be reported in writing to the owner’s representative, contractor and the building official. The engineer or architect shall submit a statement in writing to the building official stating that the site visits have been made. [Ord. 380 § I, 1997; Ord. 375 § 307, 1996].

15.05.200 Connection to utilities.

A. Energy Connections. Persons shall not make connections from a source of energy, fuel or power to building service equipment which is regulated by the specialty codes and for which a permit is required by this chapter, until approved by the building official.

B. Temporary Connections. The building official may authorize the temporary connection of the building service equipment to the source of energy, fuel or power for the purpose of testing building service equipment, or for use under a temporary certificate of occupancy. [Ord. 375 § 308, 1996].

15.05.210 Certificate of occupancy.

A. Use of Occupancy. Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the building official has issued a certificate of occupancy therefor as provided herein.

Exception: Group R, Division 3, and Group M occupancies. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this chapter or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this chapter or of other ordinances of the jurisdiction shall not be valid.

B. Change in Use. Changes in the character or use of a building shall not be made except as specified in the building code.

C. Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this chapter or other laws which are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy which shall contain the following:

1. The building permit number.

2. The address of the building.

3. The name and address of the owner.

4. A description of that portion of the building for which the certificate is issued.

5. A statement that the described portion of the building has been inspected for compliance with the requirements of this chapter for the group and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

D. Temporary Certificate. If the building official finds that substantial hazard will not result from occupancy of a building or portion thereof before the same is completed, a temporary certificate of occupancy for the use of a portion or portions of a building or structure may be issued prior to the completion of the entire building or structure.

E. Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official.

F. Revocation. The building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure or portion thereof is in violation of an ordinance, regulation or the provisions of this chapter. [Ord. 375 § 309, 1996].

Article IV. Violations and Penalties

15.05.220 Violations – Penalties – Remedies.

A. No person, firm, corporation or other entity however organized 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 or the specialty codes.

B. Violation of a provision of this chapter or the specialty codes shall be subject to an administrative civil penalty not to exceed $1,000 and shall be processed in accordance with the procedures set forth in this chapter.

C. Each day that a violation exists constitutes a separate violation.

D. In addition to the above penalties, a condition caused or permitted to exist in violation of this chapter or the specialty codes is a public nuisance and may be abated by any of the procedures set forth under law.

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 any ordinance, statute or law. [Ord. 505 § 2, 2016].

15.05.230 Building official – Authority to impose administrative civil penalty.

A. 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 the specialty codes, the building official may issue a notice of civil violation and impose upon the violator and any other responsible person an administrative civil penalty as provided by subsections (A) through (K) 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, includes the owner.

B. Prior to issuing an order to correct a violation under this section, the building official may pursue reasonable attempts to secure voluntary correction.

C. 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 for correction shall be not less than seven calendar days.

D. 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 issue a notice of civil violation and impose an administrative civil penalty to each responsible person to whom an order to correct was issued.

E. Notwithstanding subsections (B) and (C) 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.

F. In imposing an administrative civil 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 city policies applicable to the building official.

G. Any notice of a civil violation that imposes an administrative civil penalty under this section 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. Every notice shall include:

1. Reference to the particular code provision 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 (E) 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 city’s hearings official; 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.

H. Any person, firm, corporation or other entity however organized who is issued a notice of civil penalty may appeal the penalty to the city’s hearings official. The provisions of CMC 15.05.240 shall govern any requested appeal.

I. 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 city’s hearings official pursuant to, and within the time limits established by, CMC 15.05.240.

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

K. 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; provided, that the city shall not issue a citation to municipal court for a violation of this chapter. [Ord. 505 § 2, 2016].

15.05.240 Appeal procedures.

A. A person, firm, corporation or other entity however organized aggrieved by a notice of civil penalty issued by the building official pursuant to CMC 15.05.230 may, within 14 calendar days after the date of notice of the action, appeal in writing to the city hearings official, addressed to City Hall. The written appeal shall be accompanied by a $75.00 appeal fee and shall include:

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.

Only complete written appeals, including the appeal fee, received by the city within the time period above shall be considered by the city hearings official. Untimely or incomplete appeals shall not be considered. If a person, firm, corporation or other entity however organized appeals a civil penalty to the city hearings official, the penalty shall become final, if at all, upon issuance of the city hearings official’s decision on the imposition of an administrative civil penalty.

B. Unless the appellant and the city agree to a longer period, an appeal shall be heard by the city hearings official within 30 days of the receipt of the complete written appeal. At least 10 days prior to the hearing, the city shall mail notice of the time and location thereof to the appellant.

C. The city hearings official shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the hearings official deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The burden of proof shall be on the building official. The rules of evidence as used by courts of law do not apply.

D. The city hearings official shall issue a written decision within 10 days of the hearing date. The hearings official may affirm, overrule, or modify the building official’s notice of civil penalty. The written decision of the hearings official is final.

E. Other than as provided in this subsection, the appeal fee is not refundable. The city hearings official may make a determination on the motion of the appellant that the appeal fee shall be refunded to the appellant upon a finding by the hearings official that the appellant prevailed and the appeal was not frivolous.

F. Failure to pay a penalty imposed hereunder within 14 days after the penalty becomes final as provided in subsection (A) of this section shall constitute a violation of this chapter. Each day the penalty is not paid shall constitute a separate violation. The building official is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by CMC 15.05.250, other provisions of this code, or state statutes. [Ord. 505 § 2, 2016].

15.05.250 Unpaid penalties.

A. Failure to pay an administrative penalty imposed pursuant to this chapter within 14 days after the penalty becomes final shall constitute a violation of this chapter. Each day the penalty is not paid shall constitute a separate violation. The building official is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by subsection (B) of this section, other provisions of this code, or state statutes.

B. 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 14 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 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 all city liens. Interest shall commence from the date of entry of the lien in the lien docket.

C. In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to this chapter 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. [Ord. 505 § 2, 2016].