Chapter 14.05 BUILDING CODE

These regulations shall be known as the Newberg administrative building code, may be cited as such and will be referred to herein as “this code.” [Ord. 2496, 5-18-98. Code 2001 § 150.01.]

The purpose of this code is to establish uniform performance standards for health, safety, welfare, comfort and security of the residents of this jurisdiction, who are occupants and users of buildings, and for the use of modern methods, devices, materials, and techniques as practicable to maximum energy conservation. [Ord. 2496, 5-18-98. Code 2001 § 150.02.]

14.05.030 Creation of enforcement agency.

There is established in this jurisdiction a code enforcement agency which shall be governed under the administrative and operational control of the city. [Ord. 2496, 5-18-98. Code 2001 § 150.03.]

14.05.040 Definitions.

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 technical codes, it shall be construed to mean the building official designated by the city to enforce this building code. The city may designate additional persons as “code enforcement officers” and enforce this building code and other ordinances of the city. [Ord. 2496, 5-18-98. Code 2001 § 150.04.]

14.05.050 Adoption of state codes.

Except as otherwise provided in this code, the following State of Oregon Specialty Codes, Uniform Codes of the International Conference of Building Officials, and state regulations are hereinafter adopted and shall be in force and effect as part of this code, under the authority of ORS 455.153:

A. State of Oregon Structural Specialty Code, as adopted by ORS 455.01 through 455.895, OAR 918-460-0000 through 918-460-0070 (hereinafter “Structural Specialty Code”);

B. State of Oregon Mechanical Specialty Code.

1. State of Oregon Mechanical Specialty Code, as adopted by OAR 918-440-0000 through 918-440-0510;

2. Mechanical Code Modifications.

a. Process Piping. Appendix B, Chapter 14 of the International Mechanical Code, as promulgated by the International Conference of Building Officials, 1994 Edition, for Hazardous Process Piping (hereinafter “Mechanical Specialty Code”), except as modified in the following subsection.

b. Section 1401 of this appendix chapter is modified to read as follows:

The regulations of this chapter shall govern the installation of hazardous process piping in or in conjunction with a building or structure or located upon the premises.

C. State of Oregon Plumbing Specialty Code, as adopted by ORS 447.020(2), OAR 918-750-0110 and delegated to the city by ORS 455.153 (hereinafter “Plumbing Specialty Code”);

D. National Electrical Code, including Oregon amendments, as adopted by ORS 479.525 and OAR 918-305-0100 (hereinafter “Electrical Specialty Code”);

E. State of Oregon One- and Two-Family Dwelling Specialty Code.

1. State of Oregon One- and Two-Family Dwelling Specialty Code, as adopted by ORS 455.610 and OAR 918-480-0001 through 918-480-0150 (hereinafter called the “One- and Two-Family Specialty Code”).

2. Violation. Prohibited acts are described in ORS 455.450 and 455.895;

F. Uniform Code for the Abatement of Dangerous Buildings, promulgated by the International Conference of Building Officials, 1994 Edition, which is not adopted by the director of the Department of Consumer and Business Services, but authorized under ORS 455.020 (hereinafter “Dangerous Buildings Code”);

G. Oregon Manufactured Dwelling and Park Specialty Code.

1. Parks. Mobile or manufactured dwelling park requirements adopted under ORS 446.062, including the rules adopted by OAR 918-600-0005 through 918-600-0030, are enforced as part of this code.

2. Temporary Parks. Temporary parks requirements adopted under ORS 446.105.

3. Manufactured Dwelling Installations. The manufactured dwelling installations, support, and tie-down requirements adopted under ORS 446.230 including the manufactured dwelling rules adopted by OAR 918-500-0000 through 918-500-0470 and OAR 918-520-0010 through 918-520-0020 are enforced as part of this code. This includes the State of Oregon Manufactured Dwelling Installation Standards, 1997 Edition.

4. Recreational Park and Organizational Camp Regulations. The park or camp requirements adopted under ORS 446.230, including the recreational park and organizational camp rules adopted by OAR 918-650-0000 through 918-650-0085 are enforced as part of this code. [Ord. 2733 Att. A, 2-7-11; Ord. 2521, 11-15-99; Ord. 2496, 5-18-98. Code 2001 § 150.05.]

14.05.060 Revisions to state regulations.

The State of Oregon from time to time revises, amends, and/or otherwise changes the State Specialty Codes. The International Conference of Building Officials from time to time revises, amends, and/or otherwise changes the uniform codes. The specialty codes and uniform codes after revisions, amendments, and/or changes are issued as new editions. The new editions, when adopted along with any new regulations dealing with building, should be adopted by the city. These revisions, amendments, and/or changes may be adopted by either of the following processes:

A. Resolution. The city may adopt any revisions, editions, amendments, or changes in the State Specialty Codes, uniform codes or state regulations by resolution.

B. Executive Order. The city may adopt revisions, editions, amendments, or changes in the State Specialty Codes, uniform codes or state regulations by executive order of the city manager as follows:

1. The city shall give public notice of the executive order adopting the revisions, editions, amendments, or changes in the State Specialty Codes, uniform codes or state regulations by advertisement at least 30 days prior to the effective date of the executive order at least once in a newspaper of general circulation in the area or advertisement that is published electronically instead of in a newspaper.

2. The city manager shall issue the executive order specifying the revision editions, amendments, or changes in the State Specialty Codes, uniform codes or state regulations. Such order shall be attached to the administrative building code.

3. Any aggrieved party may appeal the executive order to the city council within 30 days of the effective date of the order. The order shall remain in effect during the appeal period. [Ord. 2496, 5-18-98. Code 2001 § 150.06.]

14.05.070 Scope and conflicting provisions.

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

B. Where, in any specific case, there is a conflict between this code and the Oregon Revised Statutes, the Oregon Revised Statutes shall govern.

C. When conflicts occur between the technical 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.

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

E. When conflicts occur between specific provisions of this code and administrative provisions in a technical code which is then applicable within this jurisdiction, those provisions becoming the law most recently shall prevail. [Ord. 2496, 5-18-98. Code 2001 § 150.07.]

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

A. The provisions of the technical codes are not intended to prevent the use of any material method of design or method of construction not specifically prescribed by the technical 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 technical codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical 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. 2496, 5-18-98. Code 2001 § 150.08.]

14.05.090 Modifications.

Whenever there are practical difficulties involved in carrying out the provisions of the technical 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 technical code impractical and the modification is in conformity with the intent and purpose of the technical code, and that such modification does not lessen health, life 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. 2496, 5-18-98. Code 2001 § 150.09.]

14.05.100 Unsafe buildings.

A. All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures 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 building. 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 this code are designated as unsafe building appendages.

B. All such unsafe buildings, structures or appendages are 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 have been or as may be adopted by the city. As an alternative, the building official or other employee or official of the city, as designated by its governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation. [Ord. 2496, 5-18-98. Code 2001 § 150.10.]

14.05.110 Appeals procedure.

Any party aggrieved by an order, decision or determination made by the building official relative to the application and interpretation of this code may appeal that decision as follows:

A. The appellant shall first appeal to the building official. The building official will establish the form for making such an appeal. The building official shall consider the appeal and all information submitted, and will return a decision to the appellant.

B. If a resolution is not reached with the building official, the appellant may appeal the decision to the State of Oregon Department of Consumer and Business Services, Building Codes Division, as provided in ORS 455.475. [Ord. 2625, 11-21-05; Ord. 2521, 11-15-99; Ord. 2496, 5-18-98. Code 2001 § 150.11.]

14.05.120 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 code.

B. Violation of a provision of this chapter shall be subject to an administrative civil penalty not to exceed $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense, and shall be processed in accordance with the procedures set forth in this code.

C. Each day that a violation of a provision of this chapter exists constitutes a separate violation.

D. In addition to the above penalties, a condition caused or permitted to exist in violation of this chapter 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. 2725 § 1, 5-3-10.]

14.05.121 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 a rule adopted thereunder, the building official may issue a notice of civil violation and impose upon the violator and/or 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, may include the owner as well.

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 five 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 upon 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 rule of 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 Oregon, and seven days after the date mailed if to an address outside Oregon. Every notice shall include:

1. Reference to the particular code provision, ordinance number, or rule 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 manager, 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 that is issued a notice of civil penalty may appeal the penalty to the city manager. The city manager may appoint a hearings officer or other designee to hear and decide the appeal. The designee shall not be the building official or building inspector. The provisions of NMC 14.05.122 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 manager pursuant to, and within the time limits established by, NMC 14.05.122. If a person, firm, corporation or other entity however organized appeals a civil penalty to the city manager, the penalty shall become final, if at all, upon issuance of the city manager or the manager’s designee’s decision affirming or modifying the imposition of the administrative civil penalty.

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. 2725 § 1, 5-3-10.]

14.05.122 Appeal of civil administrative penalty.*

A. A person, firm, corporation or other entity however organized that was issued a civil administrative penalty under NMC 14.05.121 may, within 14 days after the date of notice of the penalty was received, appeal the penalty in writing to the city manager. The written appeal shall be accompanied by an appeal fee established under NMC 14.05.270 and shall include:

1. The name and address of the appellant;

2. Reference to the penalty being appealed;

3. The reason the appellant feels the penalty was not appropriately assessed; and

4. A description of any corrective actions taken.

B. Unless the appellant and the city agree to a longer period, an appeal shall be heard by the city manager or the manager’s designee within 60 days of the receipt of the notice of intent to appeal. At least seven days prior to the hearing, the city shall mail notice of the time and location thereof to the appellant.

C. The city manager or designee shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence that he or she 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 manager or designee shall issue a written decision within 14 days of the close of the hearing. The written decision of the city manager or the manager’s designee is final.

E. Other than as provided in this section, the appeal fee is not refundable. On the motion of the appellant, the city manager or designee may make a determination that the appeal fee shall be refunded to the appellant upon finding that the appeal was not frivolous. [Ord. 2725 § 1, 5-3-10.]

* Code reviser’s note: Section 2 of Ord. 2725 provides as follows: “The initial fee for appeal of a civil administrative penalty shall be $250.”

14.05.123 Unpaid penalties.

A. Failure to pay an administrative penalty imposed pursuant to this code within seven days after the penalty becomes final shall constitute a violation of this code. 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 or entity, and the penalty remains unpaid 30 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 or entity 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 code 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. 2725 § 1, 5-3-10.]

Article II. Tests

14.05.130 Testing of systems.

All plumbing systems shall be tested and approved as required by this code. [Ord. 2496, 5-18-98. Code 2001 § 150.25.]

Penalty: See NMC 14.05.340.

14.05.140 Water piping.

Upon completion of a section or of the entire hot and cold water supply system, it shall be tested and proved tight under a water pressure not less than the working pressure under which it is to be used. The water used for tests shall be obtained from a potable source of supply. A 50 pound per square inch (344.5 kPa) air pressure may be substituted for the water tests. In either method of test, the piping shall withstand the tests without leaking for a period of not less than 15 minutes. [Ord. 2496, 5-18-98. Code 2001 § 150.26.]

Penalty: See NMC 14.05.340.

14.05.150 Test waived.

A. No test or inspection shall be required where a plumbing system, or part of a plumbing system, is set up for exhibition purposes and has no connection with a water or drainage system.

B. In cases where it would be impractical to provide the aforementioned water or air tests, or for minor installations and repairs, the building official, at the building official’s discretion, may make such inspection as deemed advisable in order to assure that the work has been performed in accordance with this code. [Ord. 2496, 5-18-98. Code 2001 § 150.27.]

14.05.160 Tightness.

Joints and connections in the plumbing system shall be gas-tight and watertight for the pressures required by tests. [Ord. 2496, 5-18-98. Code 2001 § 150.28.]

Penalty: See NMC 14.05.340.

Article III. Plans, Permits and Inspections

14.05.170 Application for permit.

It shall be the responsibility of the person engaged in performing the work regulated by this code to obtain the necessary permits prior to commencing work. To obtain a permit, the applicant shall first file an application for a permit in writing on a form provided by the City of Newberg planning and building department. [Ord. 2496, 5-18-98. Code 2001 § 150.40.]

Penalty: See NMC 14.05.340.

14.05.180 Permit not transferable.

A permit issued to one person or firm is not transferable and shall not permit any other person or firm to perform any work thereunder. [Ord. 2496, 5-18-98. Code 2001 § 150.41.]

Penalty: See NMC 14.05.340.

14.05.190 Suspension or revocation.

The building official may suspend or revoke a permit issued under the provisions of this code and/or any referenced technical code if the permit is issued in error, or issued on the basis of incorrect information supplied, or in violation of any ordinance, regulation or provision of this code or referenced technical code. Said suspension or revocation shall be in writing in accordance with the provisions of this code. [Ord. 2496, 5-18-98. Code 2001 § 150.42.]

14.05.200 Date of suspended or abandoned work.

For the purpose of this section, the date of suspended or abandoned work shall be based on the date of the last inspection recorded by the building official; or where no inspections have been recorded, the date of issuance of the permit. [Ord. 2496, 5-18-98. Code 2001 § 150.43.]

14.05.210 Inspection requests.

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

B. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available an inspection record card such as to allow the building official to conveniently make the required entries on the inspection record card regarding inspection of the work. This card shall be maintained by the permit holder and shall be available at the site for inspection by the city until final approval has been granted by the building official. [Ord. 2496, 5-18-98. Code 2001 § 150.44.]

14.05.220 Inspection and observation program.

A. When special inspection is required by a Structural Specialty Code, 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 a building permit. The inspection program shall designate the portions of the work that require special inspection and the name or names of individuals or firms who are to perform the special inspections, and indicate the duties of the special inspectors.

B. 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. In situations where the owner is also the contractor, the building official shall have the authority to require the selection of a special inspector who is independent from the employment of the owner/contractor.

C. When structural observation is required by a Structural Specialty Code, 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.

D. The inspection program shall include samples of inspection reports and provide time limits for submission of reports. [Ord. 2496, 5-18-98. Code 2001 § 150.45.]

14.05.230 Work without a permit – Investigation fee.

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

B. An investigation fee, in addition to the permit fees, shall be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code, any technical codes nor from any penalties prescribed by law. [Ord. 2496, 5-18-98. Code 2001 § 150.46.]

Article IV. Powers and Duties of Building Official

14.05.240 Powers and duties.

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

B. The building official shall have the power to render written and oral interpretations of this code and the referenced technical codes, and to adopt and enforce administrative procedures in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.

C. The building official may request, and shall receive, the assistance and cooperation of other officials of the city so far as it is required in the discharge of the duties required by this code or other pertinent law or ordinance. [Ord. 2496, 5-18-98. Code 2001 § 150.55.]

14.05.250 Liability.

A. The building official is charged with the enforcement of this code and the referenced technical codes, shall act in good faith and without malice in the discharge of duties, and is rendered not personally liable for damage that may occur to persons or property as a result of any act or omission in the discharge of the assigned duties. A suit brought against the building official, designee, or any city employee because of such act or omission performed in the enforcement of the provisions of this code, or other pertinent laws or ordinances implemented through enforcement of this code, shall be defended by the city until final termination of such proceedings, or any judgment rendered is assumed by the city.

B. This code 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 city be held as to assume such liability by reason of inspections authorized by this code, permits or certificates issued under this code. [Ord. 2496, 5-18-98. Code 2001 § 150.56.]

Article V. Fees

14.05.260 Establishment of fees.

Fees are established as set forth by resolution of the city council, but in no case shall they be less than the fees established under ORS 455.055 and OAR 918-050-0100 through 918-050-0800. [Ord. 2733 Att. A, 2-7-11; Ord. 2496, 5-18-98. Code 2001 § 150.65.]

14.05.270 Revision or change of fees.

The city has need from time to time to revise or change the fees established in NMC 14.05.260. The city may adopt new fees, revise fees, or amend fee schedule(s) by either of the following processes:

A. Resolution. The city may adopt new fees, revise fees, and/or amend fee schedule(s) by resolution.

B. Executive Order. The city may adopt new fees, revise fees, and/or amend fee schedule(s) by executive order of the city manager as follows:

1. The city manager shall give public notice of the executive order adopting the new fees, revising fees, and/or amending fee schedule(s) by advertisement at least 30 days prior to the effective date of the executive order at least once in a newspaper of general circulation in the area or advertisement that is published electronically instead of in the newspaper.

2. The city manager shall issue the executive order specifying the new fees, the revised fees, and/or the amended fee schedule(s). Such order shall be attached to the administrative building code.

14.05.280 Fee refunds and waivers.

A. The building official may authorize refunding of any fee paid thereunder which was erroneously paid or collected.

B. The building official may authorize refunding of the permit fees paid as required by this code when no work has been begun under a permit issued in accordance with this code. Permit fee refunds shall not exceed the amount set forth by resolution of the city council.

C. The building official may authorize a refund of plan review fees paid as required under this code if an application for a plan review permit is withdrawn or canceled before any plan review is conducted. Plan review fee refunds shall not exceed the amount set forth by resolution of the city council.

D. The building official shall not authorize refunding of any fee paid except on written application filed by the original permit holder not later than 180 days after date of fee payment.

E. Requests for waiver of all other permit fees shall be forwarded to the city council.

F. A $20.00 processing fee shall be charged on all refunds authorized under this code. [Ord. 2496, 5-18-98. Code 2001 § 150.67.]

14.05.290 Calculation of valuation.

A. A structural permit fee for new residential construction and additions shall be calculated using the International Code Council (ICC) Building Valuation Data Table current as of April 1st of each year (typically published in February), multiplied by the square footage of the dwelling to determine the valuation.

B. For commercial construction permits, the fee shall be calculated using the valuation based on the ICC Building Valuation Data Table current as of April 1st of each year (typically published in February), using the occupancy and construction type as determined by the building official, multiplied by the square footage of the structure; or

1. The value as stated by the applicant.

2. When the construction or occupancy type does not fit the ICC Building Valuation Data Table, the valuation shall be determined by the building official with input from the applicant.

C. Effective Date. The fee shall be calculated based on the valuation data in effect at the time of permit issuance, except that the fee for any permit application submitted and complete prior to April 1st of each year and issued prior to June 1st of that year shall be calculated based on the valuation data in effect just prior to April 1st of that year. [Ord. 2725 § 3, 5-3-10.]

Article VI. Fire Prevention and Protection

14.05.300 Adoption of Tualatin Valley Fire and Rescue Fire Code.

For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the Oregon Fire Code adopted by the Oregon State Fire Marshal, and Tualatin Valley Fire and Rescue, a rural fire protection district, as it is replaced and amended from time to time, is hereby adopted as the city’s fire code. The city automatically adopts the latest Oregon Fire Code including amendments as adopted by the Office of the State Fire Marshal without any additional action necessary by the district or by the city. Such codes and amendments are adopted on the effective date of the administrative rule adopted by the Office of State Fire Marshal. [Ord. 2873 § 1 (Exh. A), 4-5-21; Ord. 2202, 4-6-87; Ord. 1867, 7-5-77. Code 2001 § 150.80.]

Penalty: See NMC 14.05.350.

14.05.310 Enforcement of the fire code.

A. The fire code shall be enforced by the district.

B. The fire chief of the district may detail such members of the district as inspectors as shall from time to time be necessary.

Notwithstanding subsections (A) and (B) of this section, the code enforcement agency shall conduct flush and hydrostatic testing on fire service lines within the municipality. [Ord. 2873 § 1 (Exh. A), 4-5-21; Ord. 1867, 7-5-77. Code 2001 § 150.81.]

14.05.320 Definitions.

A. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Corporation counsel,” whenever used in the fire code, shall be held to mean the city attorney for the City of Newberg, Oregon.

“District,” whenever used in this chapter, shall be held to mean Tualatin Valley Fire and Rescue, a rural fire protection district.

“Municipality,” whenever used in the fire code, shall be held to mean the City of Newberg, Oregon.

B. For the purpose of the Newberg Municipal Code the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Fire chief,” whenever used in the Newberg Municipal Code, shall be held to mean the district fire chief or deputy authorized to act on the fire chief’s behalf.

“Fire code,” whenever used in the Newberg Municipal Code, shall be held to mean the district fire code.

“Fire department,” whenever used in the Newberg Municipal Code, shall be held to mean the district.

“Fire marshal,” whenever used in the Newberg Municipal Code, shall be held to mean the district fire marshal, fire inspector, or deputy authorized to act on the fire marshal’s behalf. [Ord. 2873 § 1 (Exh. A), 4-5-21; Ord. 1867, 7-5-77. Code 2001 § 150.82.]

14.05.330 Fire code board of appeals.

As authorized by ORS 479.180, the district may establish a board of appeals. Such board of appeals may be implemented through bylaws and standard operating guidelines adopted by the district. [Ord. 2873 § 1 (Exh. A), 4-5-21; Ord. 2202, 4-6-87; Ord. 1867, 7-5-77. Code 2001 § 150.83.]

14.05.340 Fees.

Cost-based fees may be imposed for plan review, inspections, permits or other fire code related services the district is authorized or required to provide under the fire code or other applicable statute or regulation, as prescribed in the district’s master fee schedule. [Ord. 2873 § 1 (Exh. A), 4-5-21.]

14.05.350 Penalty.

Any person who violates any provisions of the regulations adopted under NMC 14.05.300, or who fails to comply therewith, or violates or fails to comply with any order made thereunder, or who builds in violation of any (detailed) statements, specification or plans submitted and approved thereunder and from which no appeal has been taken, or shall fail to comply with such an order as affirmed or modified by the board of appeals or by a court of competent jurisdiction, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a violation of the fire code as provided in ORS 478.930, punishable upon conviction as prescribed by ORS 478.990. All fines or punishments authorized upon conviction shall include the costs to the district to remedy the violation including costs of towing, storage, or removal of the hazard or obstruction if necessary.

The fire chief or designated representative may bring a complaint in law or in equity to alleviate a violation of this article as well as in addition to the rights to enforce said article under the provisions of ORS 478.930 and 478.990.

Reinspection fees may be applied for failure to correct violations in accordance with the district’s master fee schedule in addition to any other penalties. [Ord. 2873 § 1 (Exh. A), 4-5-21; Ord. 2496, 5-18-98; Ord. 2163, 4-1-85; Ord. 1867, 7-5-77. Code 2001 § 150.99. Formerly 14.05.340.]