Chapter 15.05
BUILDING CODE
Sections:
15.05.020 Adoption of building code.
15.05.030 City administration and enforcement of code.
15.05.050 Special permit fees.
15.05.060 Plan check certificate.
15.05.080 Plans and specifications.
15.05.090 Driveway requirements.
15.05.100 Roof and site drainage.
15.05.010 Title.
This chapter shall be known as the city of Myrtle Creek building code. [Ord. 474 § 1, 1980].
15.05.020 Adoption of building code.
The city of Myrtle Creek hereby adopts the Structural Specialty Code and Fire and Life Safety Code, the Plumbing Specialty Code, the Mechanical Specialty Code and the Electrical Specialty Code, as adopted or amended by the state of Oregon, for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures within the city of Myrtle Creek, providing for issuance of permits and collection of fees therefor and providing penalties for violation of such regulations. The aforementioned specialty codes in their entirety shall hereafter be known as the city of Myrtle Creek building code. [Ord. 474 § 2, 1980].
15.05.030 City administration and enforcement of code.
For each specialty code administered, the city of Myrtle Creek shall notify the director of commerce pursuant to ORS 456.800 and shall file one copy, identified by endorsement thereon of the number of this chapter, in the office of the city recorder. The city of Myrtle Creek shall retain the right to yield the administration or enforcement of all projects, individual projects, or any portion thereof for the purpose of administration, plans examination, inspection, or enforcement of the provisions of the codes in accordance with Oregon laws. [Ord. 474 § 3, 1980].
15.05.040 Permit fees.
Permit fees shall be as established by the Oregon State Specialty Codes, except that the building official may charge less for plans examining fees with the approval of the city administrator. [Ord. 474 § 4, 1980].
15.05.050 Special permit fees.
Fees for permits for structures to be moved shall be $0.02 per square foot of ground floor area, with a minimum of $5.00. Fees for permits for structures to be demolished shall be $5.00. [Ord. 474 § 5, 1980].
15.05.060 Plan check certificate.
To verify compliance with this chapter and other ordinances, a certificate of plan check will be required on fences between 30 inches and 72 inches vertical, inclusively, and on all items exempted under Section 301(a), Exception, of the Oregon State Structural and Fire and Life Safety Code, if the construction, alteration, addition or relocation adds or changes the roof area of the lot. The applicant shall submit two plot plan drawings of the proposed work, after which the building official shall note any corrections required and will return one copy to the applicant. His endorsement of approval thereon shall constitute a plan check certificate. There shall be no charge for a plan check certificate. [Amended during 2012 recodification; Ord. 474 § 6, 1980].
15.05.070 Permit refunds.
The building official may make a partial refund of fees for permits relinquished by the permit holder with the approval of the city administrator upon written request by the permit holder to the building official, providing the request is made within 60 days of the issuance of the permit and prior to commencement of work authorized by the permit. A service charge of $5.00 will be withheld on all refunds. Refunds will not be made of plans checking fees or surcharges. The permit shall be surrendered before payment of refund. [Ord. 474 § 7, 1980].
15.05.080 Plans and specifications.
In addition to other plans and specifications required by the codes, the building official may require a site plan to be drawn for all new residential construction. The site plan will be on eight-and-one-half-inch by 14-inch paper in a form acceptable to the building official and will be drawn to a scale of sufficient clarity to accurately show the location of property lines, dimensions, and locations of structures, overhangs, utility services, easements, drainage patterns, elevations, driveways, right-of-way, streets, legal description, address, zone, occupancy or use, valuation or other items relevant to the improvements covered by the permit. Drawings shall be done in a workmanlike manner with sufficient dimensions to accurately locate improvements. [Ord. 474 § 8, 1980].
15.05.090 Driveway requirements.
In addition to other requirements of this chapter and other ordinances, the building official may require a design for driveways to ensure their workability when affected by steep grades, large cuts or fills, cross-slopes, or other factors. All new driveways shall be graded to accommodate future sidewalks. The maximum permissible slope shall be 14 percent measured along a straight grade or tangent to a vertical curve, except the building official may approve slopes up to 18 percent if the steeper slope will not impede the workability of the driveway. New driveways ascending from a surfaced public street shall not be steeper than three percent for a distance of 10 feet from the nearest curb line, edge of pavement or edge of sidewalk unless they are surfaced in an approved manner to a point 20 feet from said curb, pavement or sidewalk edge. [Ord. 474 § 9, 1980].
15.05.100 Roof and site drainage.
All roof, storm or other unpolluted surface runoff waters shall be piped to a street gutter. The building official may approve diversion to a storm sewer, an existing natural drainage course, ditch, drywell or other approved location providing it is installed in a manner which will not cause flooding or increase runoff intensity to adjacent property. [Ord. 474 § 10, 1980].
15.05.110 Subsoil drains.
Subsoil drains shall be required and installed to encircle the outer walls of all structures with habitable space and/or be placed under basement floors when deemed necessary by the building official; such system shall be made of open jointed earthenware (clay) or concrete drain tile or other approved material made for such use and so approved. The size of such pipe shall not be less than three inches inside diameter. [Ord. 474 § 11, 1980].
15.05.120 Penalties.
Any firm, partnership, corporation, person, or other legal entity who knowingly or willfully violates or fails to comply with any provisions of Chapter 15.15 MCMC or this chapter, upon conviction therefor in the municipal court, shall be punished by a fine in an indeterminate amount not exceeding $1,000, or by imprisonment in the jail of the city of Myrtle Creek, Oregon, for a period not exceeding six months, or both such fine and imprisonment. Each day that a violation of any of the terms and provisions of either chapter continues to exist after notice to the violator shall be deemed as a distinct and separate violation. [Ord. 474 § 11A, 1980].
15.05.130 Liability.
The granting of approval of any structure or use shall not constitute a representation, guaranty or warranty of any kind or nature by the city of Myrtle Creek or any official or employee thereof or the practicality or safety of any structure or use proposed, and shall create no liability upon or cause of action against such public body, official or employees for any damage that may result thereto. [Ord. 474 § 13, 1980].