Chapter 15.05 BUILDING CODES

The most recent edition of the Oregon Structural Specialty Code, with amendments, is hereby adopted in its entirety for the City of Monmouth, for regulating and controlling building code standards in the City; said “building code,” with amendments, by this reference is made a part of this section as though fully set out herein. (Ord. 841, § 1; amended by Ord. 883, § 1, February 3, 1981; Ord. 890, § 1, July 7, 1981; Ord. 979, § 1, October 7, 1986; Ord. 1020, § 1, April 3, 1990; Ord. 1170, § 1, January 8, 2002; Ord. 1309, § 1, April 2, 2013. Code 1983 § 80.110.)

15.05.030 Plumbing code.

The most recent edition of the Oregon Plumbing Code, with amendments, is hereby adopted in its entirety as the plumbing code for the City for regulating and controlling the erection, installation, alteration, addition, repair, relocation, replacement, maintenance or use of plumbing systems in the City; said “plumbing code,” with amendments, by this reference is made a part of this section as though fully set out herein. (Ord. 841, § 3; amended by Ord. 883, § 1, February 3, 1981; Ord. 890, § 1, July 7, 1981; Ord. 979, § 1, October 7, 1986; Ord. 1020, § 1, April 3, 1990; Ord. 1170, § 3, January 8, 2002; Ord. 1309, § 2, April 2, 2013. Code 1983 § 80.120.)

15.05.040 Mechanical specialty code.

The most recent edition of the Oregon Mechanical Specialty Code, with amendments, is hereby adopted in its entirety as the mechanical code for the City for regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and heat producing appliances, except boilers and pressure vessels regulated by the State of Oregon, Boiler and Pressure Vessel Law, in the City; said “mechanical code,” with amendments, by this reference is made a part of this section as though fully set out herein. (Ord. 841, § 4; amended by Ord. 979, § 1, October 7, 1986; Ord. 1020, § 1, April 3, 1990; Ord. 1170, § 4, January 8, 2002; Ord. 1309, § 3, April 2, 2013. Code 1983 § 80.125.)

15.05.050 Electrical specialty code.

(1) The City of Monmouth hereby adopts the 2011 Edition of the Oregon Electrical Specialty Code.

(2) The City of Monmouth hereby adopts the following administrative provisions for the purpose of administering the electrical specialty code:

(a) The Building Official shall have authority to enforce the provisions of this code. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code or statewide code interpretations.

(b) The Building Official shall receive applications, review construction documents and issue permits based upon the requirements of the electrical specialty code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

(c) Whenever the Building Official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or dangerous or unsafe, the Building Official is authorized to issue a stop work order. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.

(d) The Building Official shall have the authority to authorize disconnection of the energy supply to a building, structure, premises or equipment in case of emergency, when necessary to eliminate an immediate hazard to life or property. A notice shall be attached to the energy supply or appliance stating the reason for the disconnection. Such notice shall not be removed nor shall the system or appliance be reconnected until authorized by the Building Official. The owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

(3) A permit shall not be required for minor repair work, as determined by the Building Official, including the replacement of lamps to the connection of approved portable electrical equipment to approved permanently installed receptacles.

(4) The Building Official shall have the authority to serve a notice of violation or order on persons who start work without permits, fail to call for inspections, fail to make corrections, or otherwise violate the electrical requirements. Such notice or order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

(5) A violation of this section, or failure to comply with any notice or order issued under the authority of this section, shall be subject to investigation, enforcement and penalties as prescribed by ORS 455.156 and 455.157, and the Oregon Administrative Rules promulgated thereunder. In addition, the City may assess an investigation fee in an amount reasonably calculated to reimburse the City for the actual cost of such investigation. (Ord. 841, § 5; repealed by Ord. 883, § 2, February 3, 1981; Ord. 890, § 2, July 7, 1981; number reused by Ord. 979, § 1, October 7, 1986; amended by Ord. 1020, § 1, April 3, 1990; Ord. 1170, § 5, January 8, 2002; Ord. 1287, §§ 2 through 6, June 7, 2011. Code 1983 § 80.130.)

15.05.060 Dangerous and substandard building abatement code.

A publication, a copy of which is on file with the Recorder, marked and titled “Monmouth Code for the Abatement of Dangerous and Substandard Buildings, 2008,” is adopted for the abatement of dangerous and substandard buildings in the City; said code by this reference is made part of this section as though fully set out herein. (Ord. 841, § 6; amended by Ord. 883, § 1, February 3, 1981; Ord. 890, § 1, July 7, 1981; Ord. 979, § 1, October 7, 1986; Ord. 1020, § 1, April 3, 1990; Ord. 1156, § 1, September 5, 2000; Ord. 1263, § 2, April 1, 2008. Code 1983 § 80.135.)

15.05.070 Fire code.

The most recently enacted edition of the Oregon Uniform Fire Code is hereby adopted in its entirety as the fire code for the City for regulating the hazards from storage, handling and use of hazardous substances, materials and devices and conditions hazardous to life, property and the use or occupancy of buildings or premises in the City; said “fire code,” with amendments, by this reference is made a part of this section as though fully set out herein. (Ord. 841, § 7; amended by Ord. 883, § 1, February 3, 1981; Ord. 890, § 1, July 7, 1981; Ord. 950, § 1, August 7, 1984; Ord. 979, § 1, October 7, 1986; Ord. 1020, § 1, April 3, 1990; Ord. 1309, § 4, April 2, 2013. Code 1983 § 80.140.)

15.05.080 Residential specialty code.

The most recently enacted edition of the Oregon Residential Specialty Code, with amendments, is hereby adopted in its entirety for the protection of life, limb, health, property, environment and for the safety and welfare of the consumer, general public and the owners and occupants of residential buildings or portions thereof used or designed for human habitation in the City; said “specialty code,” with amendments, is by this reference made a part of this section as though fully set out herein. (Ord. 841, § 8; amended by Ord. 883, § 1, February 3, 1981; Ord. 890, § 1, July 7, 1981; Ord. 979, October 7, 1986; Ord. 1020, § 1, April 3, 1990; Ord. 1309, § 5, April 2, 2013. Code 1983 § 80.145.)

15.05.090 Monmouth housing code.

A publication, a copy of which is on file in the office of the Recorder, marked and titled “Monmouth Housing Code,” 2007 Edition, is hereby adopted in its entirety as the housing code for the City and by this reference is incorporated into the City Code, as if fully set forth therein. (Ord. 1256, § 1, August 7, 2007. Code 1983 § 80.147.)

15.05.100 Manufactured dwelling installation specialty code.

The most recently enacted edition of the Oregon Manufactured Dwelling Installation Specialty Code, with amendments, is hereby adopted in its entirety for regulating the installation of manufactured dwellings; said “manufactured dwelling installation specialty code,” with amendments, is by this reference made a part of this section as though fully set out herein. (Ord. 1309, § 6, April 2, 2013. Code 1983 § 80.150.)

15.05.110 Energy efficiency specialty code.*

The most recently enacted edition of the Oregon Energy Efficiency Specialty Code, with amendments, is hereby adopted in its entirety; said “energy efficiency specialty code,” with amendments, is by this reference made a part of this section as though fully set out herein. (Ord. 1309, § 7, April 2, 2013. Code 1983 § 80.153.)

* Code reviser’s note: Ordinance 1309 adds these provisions as Section 80.155. The section has been renumbered to avoid duplication of numbering.

15.05.120 Excavation and grading.

Appendix Chapter 70 of the Structural Code entitled “Excavation and Grading” shall be in effect in the City. (Ord. 841, § 10. Code 1983 § 80.155.)

15.05.130 Mobile home placement permit.

No mobile home shall be occupied within the City without first obtaining a placement permit and satisfactory inspection of placement on the site, electrical connections and plumbing connections. (Ord. 841, § 11. Code 1983 § 80.160.)

15.05.140 Modular homes.

No modular or factory-built home shall be located in the City until said modular or factory-built home has been certified by the State of Oregon as meeting all State requirements. (Ord. 841, § 12. Code 1983 § 80.165.)

15.05.150 Sidewalks required.

No building permit shall be issued for the construction or conversion of any building used for dwelling, commercial or public uses located upon property adjoining any street or street right-of-way not served by a street-side sidewalk unless such sidewalk shall or will be constructed to the specification and locations as prescribed by the City as a part of the construction or conversion of the building. The Building Official may set a future date for completion of sidewalk work as a condition of issuing a building permit. (Ord. 841, § 13; amended by Ord. 883, § 3, Feb. 3, 1981; Ord. 890, § 3, July 7, 1981. Code 1983 § 80.170.)

15.05.160 Premises identification.

Numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers or addresses shall contrast with their background. (Ord. 841, § 14. Code 1983 § 80.175.)

15.05.170 Monmouth Site Plan Review Committee approval required.

(1) No building permit shall be issued for the construction, reconstruction, remodeling, enlargement, alteration or repair or conversion of any dwelling containing two or more dwelling units or of any commercial, industrial, or public use structure unless plans therefor, including plot plan with sidewalk specifications if required, are submitted to the Monmouth Site Plan Review Committee and approved for conformity to the City Zoning Ordinance and Comprehensive Plan.

(2) The Monmouth Site Plan Review Committee, a committee of the Planning Commission, is hereby established. The Committee shall consist of the City Building Official, City Engineer-Planner, one member of the Planning Commission to serve as a regular member of the Committee, and one member of the Planning Commission to serve as an alternate member of the Committee in the absence of the Planning Commission member who is a regular member of the Committee. The regular member and alternate member of the Committee, who are members of the Planning Commission, shall be appointed by the chairman of the Planning Commission.

(3) Site plans which the Committee reviews pursuant to subsection (1) of this section shall be submitted to the Building Official. The Building Official may require from the applicant sufficient copies of the plans and such other information as he deems necessary to enable the Committee to perform its review.

(4) Within 10 days of receipt of a site plan from an applicant, the Building Official shall hold a meeting of the Site Plan Review Committee to review the site plan. The Site Plan Review Committee shall meet and review the site plan to determine if it conforms to the Zoning Ordinance and Comprehensive Plan.

(a) If the site plan conforms to the Zoning Ordinance and Comprehensive Plan, the Site Plan Review Committee shall approve it. The Building Official, in accordance with the Uniform Building Code, shall issue permits for the buildings shown in the approved plan.

(b) If the site plan does not conform to the Zoning Ordinance or Comprehensive Plan, the Site Plan Review Committee shall note the discrepancies between the site plan and the Zoning Ordinance or Comprehensive Plan and shall disapprove the plan. Notice of the disapproval, explaining how the site plan fails to conform to the Zoning Ordinance or Comprehensive Plan, shall be mailed to the applicant. The notice shall include an invitation to discuss with the Site Plan Review Committee how the plan might be revised so as to conform with the Zoning Ordinance and Comprehensive Plan.

(c) If the Site Plan Review Committee decides that a particular site plan raises public concerns that are best addressed by the whole Planning Commission or does not unanimously approve, the Committee shall neither approve nor disapprove the site plan but shall refer the site plan to the Planning Commission who shall review it in accordance with subsection (6) of this section. Notice of the referral shall be mailed to the applicant for site plan review within three days of the decision to refer.

(5) Any decision by the Site Plan Review Committee to disapprove a site plan may be appealed, in writing, to the Planning Commission within 10 days of the date of notice of disapproval. A decision by the Site Plan Review Committee to disapprove a site plan becomes final after 10 days from the notice of disapproval unless the disapproval is appealed to the Planning Commission pursuant to this subsection.

(6) Referral of a site plan to the Planning Commission under subsection (4)(c) of this section or appeal to the Planning Commission of disapproval of a site plan under subsection (5) of this section shall be treated by the Planning Commission as an application for a land use action. The Planning Commission shall act upon such referral or appeal in accordance with the provisions of subchapter 11 of the Monmouth Zoning Ordinance. (Ord. 841, § 15; amended by Ord. 866, Feb. 5, 1980; Ord. 883, § 4, Feb. 3, 1981; Ord. 890, § 4, July 7, 1981. Code 1983 § 80.180.)

15.05.180 Compliance with Zoning and Subdivision Ordinances.

No building permit or mobile home placement permit shall be issued if the parcel of land upon which the building or mobile home is to be erected or located on or is located on would be in violation of the Zoning Ordinance or Subdivision Ordinance of the City. A subdivision shall be deemed to be in violation of the Zoning Ordinance for the purpose of issuing building permits so long as streets, curbs, drainage structures, utilities and other improvements remain uncompleted. The Building Official shall determine the compliance with Zoning and Subdivision Ordinance for the purpose of issuing building permits. (Ord. 841, § 16. Code 1983 § 80.185.)

15.05.190 Solar installation specialty code.

The most recently enacted edition of the Oregon Solar Installation Specialty Code, as amended, is hereby adopted in its entirety as the solar installation specialty code for the City of Monmouth. (Ord. 913, Nov. 2, 1982; amended by Ord. 1309, § 8, April 2, 2013. Code 1983 § 80.188.)

15.05.200 Definitions.

Whenever appropriate in applying the provisions of this chapter, the following definitions apply:

“Appointing authority” shall mean the City Council of Monmouth, Oregon.

“Building Department” shall mean the office of the Monmouth Building Official.

“Building Official” shall mean the person designated by the Council as the building administrator.

“City” shall mean the City of Monmouth, Polk County, Oregon.

“Fire Chief” shall mean the Chief of the Monmouth Fire Department.

“Manufactured dwelling or factory-built home” shall mean a manufactured dwelling as defined in ORS 446.003.

“Mobile home” shall mean a vehicular portable structure built to the specifications and standards of the State of Oregon on a chassis and designed to be used without a permanent foundation as a dwelling when connected to utility facilities. Each mobile home shall bear a State of Oregon plate certifying compliance with the above standards.

“Public use structure” includes but is not limited to apartment houses, hotels, schools, places of amusement, playground structures and structures used in connection with public passenger transportation. (Ord. 841, § 17; amended by Ord. 1309, § 9, April 2, 2013. Code 1983 § 80.190.)

15.05.210 Enforcement.

The Building Official as defined herein shall administer and enforce this chapter, except that the provisions of the fire code shall be administered and enforced by the Fire Chief of the City. (Ord. 841, § 19. Code 1983 § 80.215.)

15.05.220 Amendments.

The codes, laws and rules adopted by this chapter as the City of Monmouth building codes are adopted as constituted on July 1, 1978, and as thereafter constituted. The regularly adopted amendments to the codes, laws and rules by the State of Oregon, the State Department of Commerce and the State Fire Marshal shall be effective as of the effective date of the change and shall be enforceable by the City as of such date. (Ord. 841, § 20. Code 1983 § 80.220.)

15.05.230 Fees.

(1) Except as provided in subsection (2) of this section, the fees for permits under this chapter shall be the fees prescribed by the Oregon Department of Consumer and Business Services.

(2) The City may set a permit fee at an amount different than the fees adopted by the State of Oregon, or set a fee for a permit for which the State of Oregon has failed to set a fee by proper resolution, subject to the provisions of ORS 455.201. (Ord. 841, § 21; amended by Ord. 1309, § 10, April 2, 2013. Code 1983 § 80.225.)

15.05.240 Application.

The provisions of the codes, laws, rules and regulations adopted by this chapter apply to all buildings, structures and mobile homes in the City. (Ord. 841, § 22. Code 1983 § 80.230.)

15.05.250 State electrical inspection.

Enforcement of the electrical code and inspection of electrical conductors, equipment and wiring, installation, alteration and repair shall be provided by the State of Oregon Department of Commerce; except, that the Building Official shall enforce and administer the provisions of this chapter relating to the placement, plumbing connections and electrical connections of mobile homes in the City. (Ord. 841, § 23. Code 1983 § 80.235.)

15.05.260 Violations and penalties.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter.

Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction of any such violation such persons, firms or corporations shall be punished by a fine of not more than $500.00 for each offense. (Ord. 841, § 24. Code 1983 § 80.295.)