Chapter 15.04
STATE BUILDING CODES ADOPTED
Sections:
15.04.010 Documents adopted by reference – Compliance required.
15.04.020 Administration of regulations.
15.04.030 Approval of new materials or methods.
15.04.040 Unsafe building regulations.
15.04.050 Violation – Penalty.
15.04.010 Documents adopted by reference – Compliance required.
In addition to compliance with this chapter and other ordinances of the city, building and related activities shall comply with provisions of each of the specialty codes making up the State Building Code adopted by the Director of the State Department of Commerce, and the Fire and Life Safety Code adopted by the State Fire Marshal, as these codes are now or hereafter constituted. No person shall conduct building or related activities without compliance with these standards. (Ord. 749 § 1, 1978)
15.04.020 Administration of regulations.
The city shall provide for the administration of a plan checking, permit and inspection program for structural, mechanical, plumbing and electrical work. This city program is applicable to public as well as private building. A fee for city permit review and processing shall be charged to all structural, mechanical, plumbing and electrical work as set by council resolution. (Ord. 92-117 § 6, 1992; Ord. 749 § 2, 1978)
15.04.030 Approval of new materials or methods.
A. In addition to the provisions of Section 106 of the Structural Specialty Code, and similar provisions of other specialty codes, the building official may approve a material or a method of construction not specifically prescribed by this chapter, provided the building official finds that the proposed design is satisfactory and that the material, method or work offered is for the purpose intended at least the equivalent of that specifically prescribed by this chapter in quality, effectiveness, fire-resistance, durability, safety, and energy conservation, and that the Director of the Department of Commerce has not issued a report disapproving the material or method for the purpose.
B. The building official may refer the proposed design to the State Board of Appeals, and a person affected by a ruling of the building official may appeal such ruling to the board of appeals within 30 days of the date of the ruling.
C. The provisions of this section shall not be interpreted to preclude a person from requesting a ruling from the Director of the Department of Commerce prior to submitting an application to the city for a permit, or after withdrawing a previously submitted application. (Ord. 749 § 3, 1978)
15.04.040 Unsafe building regulations.
The law referred to in Ordinance 750 of the city, set out in Chapter 15.08 SMC, is the ordinance of the city providing for the abatement of building nuisances. (Ord. 749 § 4, 1978)
15.04.050 Violation – Penalty.
A. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or 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.
B. 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 shall be punished by a fine of not more than $500.00 per offense. (Ord. 97-105 (4), 1997; Ord. 749 § 5, 1978)
15.04.060 Stop work.
A. Work on any building, structure, electrical, gas, mechanical, or plumbing system that is being done contrary to the provisions of this code shall immediately cease.
1. The building official shall provide a notice in writing which shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the specific violations and the conditions under which work may be resumed.
2. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work.
B. The authority provided in this chapter shall be in addition to any other authority and power granted to the building official under this chapter and ORS Chapters 446, 447, 455, 460, 479, and 480.
C. Except where inconsistent with other provisions of law, the building official may enforce the provisions of this section and ORS Chapters 446, 447, 455, 460, 479, and 480 against any person regardless of whether a permit, certificate, or other indicia of authority has been issued. The building official may:
1. Make an investigation;
2. Take sworn testimony;
3. With the authorization of the city attorney, subpoena persons and records;
4. Order corrective action; and
5. If an immediate hazard to health and safety is imminent, issue an order to stop all or any part of the work under the applicable specialty code.
D. If the building official has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of this chapter and ORS Chapters 446, 447, 455, 460, 479, and 480 and any rule adopted thereunder, the building official may issue an order, directed to the person to cease and desist from the violation or threatened violation.
E. If the building official has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of this chapter and ORS Chapters 446, 447, 455, 460, 479, and 480 and any rule adopted thereunder, the building official may bring suit in the name and behalf of the city of Silverton in the municipal court of Marion County to enjoin the acts or practices and to enforce compliance with this chapter and ORS Chapters 446, 447, 455, 460, 479, 480 and any rule adopted thereunder. Upon a proper showing a permanent or temporary injunction, restraining order or wit of mandamus shall be granted.
F. The provisions of subsection (C)(3) of this section apply only to testimony and documents related to enforcement of the building codes.
G. A provision allowing a board to assess a penalty in this chapter or ORS Chapters 446, 447, 455, 460, 479, or 480 shall take precedence over any provision allowing for a penalty. (Ord. 98-103, 1998)