Chapter 15.04
BUILDING CODES
Sections:
15.04.030 Building inspection program assumption--Scope.
15.04.045 Powers and duties of the building official.
15.04.055 Use of alternative materials, designs, and methods--Exceptions--Modifications.
15.04.060 Certificate of occupancy.
15.04.065 Electrical program administration.
15.04.070 Work without permits--Investigations--Right of entry--Corrections and stop work orders.
15.04.010 Title.
This chapter shall be known as the building code ordinance and may also be referred to as "this chapter" or the "building code."
(Ord. 1009 § 1, 2020; Ord. 778, 1997; Ord. 739 § 1, 1994; Ord. 649 § 1, 1988: Ord. 618 § 1, 1987)
15.04.020 Definitions.
For the purposes of this chapter, the following terms shall be defined as follows:
A. "Building official" means the designee appointed by the city who is responsible for building inspections and enforcement of the building code.
B. "Building code" means those provisions of the currently adopted State Building Code, and any modifications thereof, adopted by the city pursuant to ORS 455.040(1), that are part of the building inspection program administered and enforced by the city; including, but not limited to, the following state of Oregon codes administered and enforced by the city:
1. Oregon Structural Specialty Code (OSSC);
2. Oregon Reach Code;
3. International Existing Building Code (as referenced/amended in Chapter 34 of the OSSC);
4. Oregon Residential Specialty Code;
5. Oregon Mechanical Specialty Code;
6. Oregon Plumbing Specialty Code;
7. Oregon Energy Efficiency Specialty Code;
8. Oregon Manufactured Home Installation Specialty Code;
9. Oregon Electrical Specialty Code.
C. "Permittee" means the person holding any permit authorized by this chapter, or that person’s authorized representative.
D. "Person" means a natural person, partnership, corporation, limited liability partnership, limited liability company, cooperative, governmental entity, association, or other entity in law or fact.
E. "Building inspection program" means the administration and enforcement of the State Building Code, pursuant to ORS 455.150, as further described in the city’s building inspection operating plan.
F. "Specialty code(s)" means a code of regulations adopted under ORS 446.062, 446.185, 447.020(2), 455.020(2), 455.496, 455.610, 455.680, 460.085, 460.360, 479.730(1) or 480.545, but does not include regulations adopted by the State Fire Marshal pursuant to Chapter 476 ORS or ORS 479.015 through 479.200 and 479.210 through 479.220.
(Ord. 1009 § 1, 2020)
15.04.030 Building inspection program assumption--Scope.
A. Pursuant to ORS 455.150, the city of Phoenix hereby implements and assumes a building inspection program for the city of Phoenix, which shall be comprised of the administration and enforcement of the State Building Code.
B. The building inspection program shall be administered and enforced according to the procedures set forth in the State Building Code for all buildings, structures, equipment, fixtures, and appliances described in the scope of the building codes and in accordance with the authority defined in ORS 455.020.
C. Additional Local Authority. Pursuant to ORS 455.020, the city of Phoenix has the authority to regulate additional items as noted in the building code. In accordance with the provisions of the building code, including required permits, plans review and inspections, the city of Phoenix shall hereby regulate the following items:
1. Abatement of nuisances and dangerous buildings in accordance with Chapter 8.06.
2. Demolition.
3. Retaining walls that are over four feet in height measured from the bottom of the footing to the top of the wall or that support a surcharge or impound Class I, II, or IIIA liquids. (This is in addition to those retaining walls that are in the scope of, and regulated by, the building code.)
4. Fences, except typical lightweight wood or metal fencing less than seven feet high and typical field fencing, woven wire or chain-link under eight feet high, and barriers around swimming pools as required by the code.
5. Tanks. Exception: water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed two to one.
6. Cellular phone, radio, television, and other telecommunication and broadcast towers, in compliance with federal law.
7. Flagpoles, antennas, and similar items that exceed twenty-five feet in height.
8. Building code aspects of signs.
9. Equipment shelters.
10. Administration and implementation of building requirements of the National Flood Insurance Program (NFIP).
11. Transitional housing accommodations.
D. If there is a conflict between any provision of the State Building Code and any provision of this chapter adopted pursuant to ORS 455.040(1), the provision adopted pursuant to ORS 455.040(1) shall govern.
(Ord. 1009 § 1, 2020)
15.04.035 Codes adopted.
A. Except as otherwise provided in this chapter, the following codes, standards, and rules are adopted and shall be in force and effect as part of this municipal code. The provisions of these codes, in addition to the individual scoping provisions found therein, shall also apply to demolition of structures and equipment and systems regulated by such codes.
1. The Oregon Specialty Codes, current editions, adopted by the state under ORS 446.062, 446.185, 447.020(2), 455.020(2), 455.496, 455.610, 455.680, 460.085, 460.360, 479.730(1) or 480.545.
2. Section 104.8 of the International Building Code, as published by the International Code Council, regarding liability. The building official charged with the enforcement of this code and the Oregon specialty codes, acting in good faith and without malice in the discharge of his or her 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 code 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.
B. At least one copy of each of these specialty codes shall be kept by the city. The public may view digital versions of the most current codes on the Oregon Building Codes Division website. In addition, the city copy shall be available for inspection upon request at City Hall.
(Ord. 1009 § 1, 2020)
15.04.040 Administration.
A. The city provides a program of building code administration, including plan review, permit issuance, and inspection for structural, electrical, mechanical, and plumbing work. The program is administered by the building official, at the direction of the city. The program operates pursuant to the state specialty codes listed in Sections 15.04.020(B) and 15.04.035, and the remainder of this chapter.
B. Operational Plan. The building official maintains an operating plan in the city complying with OAR 918-090-0300. The plan is available for review during normal business hours of the city.
C. Liability. The city and any licensed third-party businesses duly authorized under ORS 455.457 and OAR 918-020-0090 working on the city’s behalf that accept a permit application, inspection request or plan review application have no responsibility or liability for the design, code compliance or construction activities of the designer, architect, engineer, permittee, trade licensee, owner or general contractor. While municipalities have a duty to the public based on a statutory requirement to carry out certain functions, no such duty applies in the case of permit review, plan review or inspections for compliance with the State Building Code which the city voluntarily performs, but is not required to do so by the state of Oregon. (See Farnworth v. Rossetto, and ORS 30.260(8).)
D. Cooperation with Other Agencies. Pursuant to OAR 918-020-0020, plans for buildings that the Fire Marshal inspects for occupancy standards under ORS 476.030 are made available during regular city business hours at the city. Copies of all permits of such buildings or structures are available to the Fire Marshal’s office for their information upon review of such plans. The Fire Marshal may provide comments to city plan review staff. Meetings may be held between the Fire Marshal and plan review staff to allow the Fire Marshal’s office to review plans and provide their input. The Fire Marshal’s office may request a reviewed copy of all plans that include fire suppression or early warning fire detection systems, or other design features that are inspected by their office.
Requests for alternate materials or methods of construction are forwarded to the Fire Marshal’s office upon request in conformance with OAR 918-020-0020. If any alternate method relates to portions that the Fire Marshal is required to inspect, it shall be reviewed and approved by both the Fire Marshal and the building official. Comments received from the Fire Marshal will be evaluated by the building official prior to the issuance of the permit.
In conformance with OAR 918-480-0125, the building official may choose to allow one or more of the Uniform Alternate Construction Standards (UACS) to address concerns identified by the Fire Marshal, and/or other jurisdictions, for inadequate apparatus access or water supply.
Pursuant to ORS 455.010 and 455.020, the final authority for interpreting and applying the specialty codes and regulations for construction, additions, and alterations is retained by the building official until the certificate of occupancy has been issued.
(Ord. 1009 § 1, 2020)
15.04.045 Powers and duties of the building official.
The building official shall, within the direction and oversight of the city, administer and enforce the building inspection program, and shall have the authority to render written and oral interpretations of the building code and to adopt administrative rules and procedures necessary and proper for the administration and enforcement of the building code.
A. License Verification. Per ORS 455.080, notwithstanding ORS 455.630(2), any inspector, including a specialty code inspector licensed under ORS 455.457, authorized by ORS 455.150 or 455.153 to determine compliance with the requirements of the State Building Code or any specialty code under this chapter may, in accordance with a compliance program as described in ORS 455.153(2), require any person who is engaged in any activity regulated by the State Building Code to demonstrate proof of compliance with the applicable licensing, registration or certification requirements of Chapters 446, 447, 455, 460, 479, 480, 693 and 701 ORS.
(Ord. 1009 § 1, 2020)
15.04.050 Building permits.
A person shall, prior to undertaking or causing to be undertaken any work for which a permit is required under any provision of the specialty codes, obtain a building permit as required in the applicable Oregon specialty code.
A. Exemptions from Permits. Refer to the administrative chapters of the Oregon specialty codes for statewide permit exemptions.
B. Application for Permit. Plans, specifications, computations, and other data filed by an applicant for a building permit shall be reviewed by the building official and may be reviewed by other departments of the city to verify compliance with the building code and any other applicable laws. If the building official finds that the work described in an application for a permit and the plans, specifications, computations and other data filed therewith conform to the requirements of the building code and any other applicable laws and that all required fees have been paid, the building official shall issue a building permit to the applicant.
C. An application for a building permit shall be deemed abandoned one hundred eighty days after the date of filing unless the applicant continues to pursue the application in good faith. The building official may grant not more than one extension for an additional period not to exceed one hundred eighty days. The applicant must request the extension, in writing, setting forth good and sufficient cause for the extension to the satisfaction of the building official prior to the date the application is deemed abandoned pursuant to this subsection.
D. If plans and specifications are required for the issuance of a building permit, the building official shall, at the time the permit is issued, approve the plans and specifications by endorsement in writing or by official stamp. All work shall be done in accordance with the approved plans, specifications, and specialty code requirements, and shall not be changed, modified, or altered without prior authorization from the building official.
E. One set of approved plans and specifications shall be retained by the building official for the period specified under rules promulgated by the Oregon State Archivist, and one set of approved plans and specifications shall be returned to the applicant and kept on the work site, and available to the inspectors, at all times while the work authorized by the building permit is in progress.
F. The building official may issue phased permits that allow for the construction of part of a building before the plans and specifications for the entire building have been submitted or approved, provided adequate information and detailed statements have been filed with the building official that comply with all applicable requirements of the building code. The holder of a phased permit shall not, by virtue of a permit issued for any single phase, have any guarantee that plans and specifications for subsequent phases will be approved, or that permits for subsequent phases will be issued.
G. The approval of plans and specifications or the issuance of a building permit shall not be construed or deemed to be approval of, or a permit for, any construction, work or activity that violates any of the provisions of the building code or any other federal, state or local law, statute, rule, regulation or ordinance.
H. The issuance of a building permit shall not prevent the building official from requiring correction of errors in plans and specifications, or from issuing a stop work order or undertaking enforcement action if any work being carried on violates the building code or any other federal, state or local law, statute, rule, regulation or ordinance.
I. Permit fees and other related services pursuant to the building code administration program shall be established by resolution of the city council, as amended and adopted by established ordinances, and shall be in accordance with the consistent fee methodology defined in OAR 918-050-0100.
J. Fee Refunds.
1. The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
2. The building official may authorize refunding of not more than eighty percent of the permit fee paid when an application for a permit, or a permit, is withdrawn or canceled before work has been done under a permit issued in accordance with this code.
3. The building official may authorize refunding of not more than eighty 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 plan review effort has been expended.
4. The building official shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty days after the date of fee payment.
K. Transfer of Building Permit. A building permit shall only be transferable when authorized by the owner of the property and, if applicable, the permittee, in writing.
L. Inspection Record Card--Inspections.
1. Work requiring a building permit shall not be commenced until the permittee has posted or otherwise made available an inspection record card on site that allows the building official to conveniently make the required entries thereon regarding inspection of the work. The inspection record card shall be maintained on site by the permittee until final approval has been granted by the building official. Failure to maintain the inspection record card in a readily visible and available location may result in a reinspection fee equal to the minimum hourly rate noted on the building permit fee schedule adopted by the city with a minimum one-hour charge to cover research and staff time to recreate the sign-off records.
2. The permittee shall request all required inspections in a timely manner, shall provide access to the work site, and shall provide all equipment deemed necessary or appropriate by the building official to perform the inspection. The permittee shall not proceed with construction activity until authorized to do so by the building official. The permittee shall cause the work to remain accessible and exposed for inspection purposes. Any expense incurred by the permittee to remove or replace any material required for proper inspection shall be at the sole cost of the permittee.
3. Job Address Posting. The permittee, prior to the commencement of work, shall post the job site address in a readily visible location to identify the construction site for inspectors and public safety officials to easily locate the job address. Failure to post the job address in a readily visible location may result in a reinspection fee equal to the minimum hourly rate on the fee schedule adopted by the city.
(Ord. 1009 § 1, 2020)
15.04.055 Use of alternative materials, designs, and methods--Exceptions--Modifications.
A. The building official may authorize the use of alternative materials, designs or methods of construction, provided the material, design or method is, for the purpose intended, the equivalent in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation to the materials, designs or methods prescribed by the building code and the use otherwise complies with the provisions of the building code. Any person seeking to use alternative materials, designs, or methods shall first establish to the satisfaction of the building official that the alternative materials, designs or methods are equivalent to those prescribed by the building code. The building official shall document, in writing, the details of the approval of any such alternative materials, designs or methods prior to the issuance of a building permit.
B. The building official may authorize exceptions to the building code if the building official determines that there are substantial practical difficulties in carrying out the provisions of the building code, that the exception does not lessen any fire protection requirement or lessen the structural integrity of the building, and the proposed construction will satisfy the intent and purpose of the building code. The building official shall document in writing that the exception meets the criteria set forth in this subsection prior to the issuance of a building permit.
C. If the building official determines that an applicant has provided insufficient evidence to authorize the use of any alternative material, method or design, or to support the exception, the building official shall deny the request for the use of the alternative material, method or design, or the exception, or may require tests prior to making the determination, to be made at the applicant’s sole cost and expense. Any such test shall be performed by a testing agency approved by the building official. Reports of such tests shall be retained by the building official for the period required for the retention of such public records.
(Ord. 1009 § 1, 2020)
15.04.060 Certificate of occupancy.
Issuance of a certificate of occupancy is contingent upon the requirements of the State of Oregon Building Codes as well as other applicable city requirements.
A. No building or structure shall be used or occupied until the building official for the city of Phoenix, Oregon, has issued a certificate of occupancy. The building official will not issue a certificate of occupancy unless all of the signature certifications required by subsection C of this section have been obtained.
B. All fees that concern a project will be paid when the building permit is issued.
C. The following will, by signature, certify that all regulations, requirements, or conditions relating to or concerning their respective departments have been fully satisfied before the certificate of occupancy is issued: city planner, city engineer, city building official, public works director, police chief, fire chief, and city recorder.
(Ord. 1009 § 1, 2020; Ord. 731, 1993. Formerly 15.04.020)
15.04.065 Electrical program administration.
A. Permit Required. Except as permitted by OAR 918-261-0000 through 918-261-0039 (electrical work exempt from permit, subsection K of this section for minor installation labels, subsection L of this section for temporary electrical permits and subsection M of this section for industrial plant electrical permits), no electrical work shall be performed unless a separate electrical permit for each separate building, structure or installation has first been obtained from the building official.
B. Expiration of Permits. Permits shall expire after work has been abandoned for more than one hundred eighty days pursuant to OAR 918-309-0000(7). It shall be the duty of the permit holder to notify the building official that work is in progress by providing a written notice if no inspection requests have been made for one hundred eighty days. The building official shall have no obligation to notify or contact the permit holder to notify them of pending permit expiration.
C. Validity of Permit.
1. 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 code or of other ordinances of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.
2. The issuance of a permit based upon plans, specifications, computations, 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 this code or of other ordinances of this jurisdiction.
D. Revocation of Permits. The building official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinances or regulation of the jurisdiction.
E. Plan Review Requirements. Electrical plan review requirements and procedures shall be in accordance with OAR 918-311-0000 through 918-311-0060.
F. Expiration of Plan Review. Applications for which no permit is issued within one hundred eighty 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 one hundred eighty days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. To renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
G. Permit Fees. Fees for electrical permits shall be established by resolution of the city council in accordance with established ordinances and shall be in accordance with the consistent fee methodology defined in OAR 918-050-0100.
H. Authority to Disconnect Utilities in Emergencies. The building official or the building official’s authorized representative shall have the authority to disconnect electrical service to a building, structure, premises, or equipment regulated by this section 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 the occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection immediately thereafter.
I. Authority to Condemn Equipment.
1. When the building official ascertains that any equipment, or portion thereof, regulated by the specialty codes has become hazardous to life, health or property, the building official shall order in writing that the equipment either be removed or restored to a safe or sanitary condition, as appropriate. The written notice shall contain a fixed time limit for compliance with such order. Persons shall not use or maintain defective equipment after receiving a notice.
2. When equipment or an installation is to be disconnected, written notice of the disconnection and causes therefor shall be given within twenty-four hours to the serving utility, the owner and the occupant of the building, structure or premises. When any equipment is maintained in violation of this section, and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute an appropriate action to prevent, restrain, correct or abate the violation.
J. Connection after Order to Disconnect. Persons shall not make connections from an electrical service nor supply electrical power to any equipment regulated by this section 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 proper permits have been obtained, inspections approved, and the building official authorizes the reconnection and use of such equipment in writing.
K. Minor Installation Labels. Rules for the use, issuance, and inspection of minor installation labels shall be as stipulated in OAR 918-050-0500 through 918-050-0520.
L. Temporary Electrical Permits. Rules for the use of temporary electrical permits shall be as stipulated in OAR 918-309-0080.
M. Industrial Plant Electrical Permits and Inspection. Rules for the use of industrial plant electrical permits and inspections shall be as stipulated in OAR 918-309-0100.
N. Transfer of Electrical Permit. An electrical permit shall only be transferable when authorized by the owner of the property, in writing, and only after verification of required state licenses and in conformance with administrative state rule.
(Ord. 1009 § 1, 2020)
15.04.070 Work without permits--Investigations--Right of entry--Corrections and stop work orders.
A. Work Without a Permit.
1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation, in accordance with established policies, 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 determined in accordance with the city fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
B. Right of Entry. When it is necessary to make an inspection to enforce the provisions of this section or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this section which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this section; provided, that if such building or premises are occupied, that credentials be presented to the occupant and entry requested. If such building or premises are unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
C. Corrections and Stop Orders. The building official is vested with the authority to issue stop work orders. Stop work orders may be issued for failure to comply with the specialty codes the municipality is responsible for administering and enforcing. When any work is being done contrary to the provisions of this section or the specialty codes, the building official or building official’s designee may order the work corrected or stopped by notice in writing served on any persons engaged in the doing or causing of such work to be done, and such persons shall forthwith make the necessary corrections or stop work until authorized by the building official to proceed with the work. Failure to stop work as directed may result in issuance of a citation and administrative civil penalties pursuant to Section 1.20.020.
D. License Verification per ORS 455.080. Notwithstanding ORS 455.630(2), any inspector, including a specialty code inspector licensed under ORS 455.457, authorized by ORS 455.150 or 455.153 to determine compliance with the requirements of the State Building Code or any specialty code under this chapter may, in accordance with a compliance program as described in ORS 455.153(2), require any person who is engaged in any activity regulated by the State Building Code to demonstrate proof of compliance with the applicable licensing, registration or certification requirements of Chapters 446, 447, 455, 460, 479, 480, 693 and 701 ORS.
Per ORS 479.855(5), a city or county that performs electrical installation inspections shall perform license enforcement inspections as a part of routine installation inspections.
(Ord. 1009 § 1, 2020)