Chapter 15.04 STATE BUILDING CODES

These regulations shall be known as the St. Helens building code, may be cited as such, and will be referred to herein as “this code.” (Ord. 3011 § 2, 2006)

The purpose of this code is to establish uniform performance standards providing reasonable safeguards 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, techniques and practicable maximum energy conservation. (Ord. 3011 § 2, 2006)

15.04.030 Scope.

(1) This code shall apply to the construction, alteration, moving, demolition, repair, maintenance and work associated with any building or structure except structures such as public utility poles, mechanical equipment not specifically regulated in this code, hydraulic flood control structures and other public improvements located in a public right-of-way.

(2) Where, in any specific case, different sections of this code specify different materials, 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.

(3) Where, in any specific case, there is a conflict between this code and Oregon Revised Statute, the statute shall govern.

(4) These procedures apply to all codes contained in this title. If, in a specific case, there is a conflict between this code and a given code, the procedures within that code shall govern. If, in a specific case, a given code is silent on a matter within this code, this code shall govern. (Ord. 3011 § 2, 2006)

15.04.040 Definitions.

For the purpose of this code, the following definitions shall apply:

“Appointing authority” shall mean the governing body of the city of St. Helens or his or her authorized representative. Building department inspectors are considered authorized representatives without any formal order of the appointing authority.

“Building official” shall mean the building official for the city of St. Helens.

“Code enforcement agency” shall mean the building department for the city of St. Helens. (Ord. 3011 § 2, 2006)

15.04.050 Alternate materials and methods.

(1) The provisions of this code are not intended to prevent the use of any alternate material, design, or method of construction not specifically proscribed by this code, provided such alternate has been approved and its use authorized by the building official.

(2) The building official may approve any such alternate material, design or method, provided the building official finds that the proposed material, design or method complies with the provisions of this code and that it is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

(3) The building official shall require that evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any approval of any alternate material, design, or method shall be recorded and entered in the files of the agency. (Ord. 3011 § 2, 2006)

15.04.060 Modifications.

When there are practical difficulties in carrying out the provisions of this code, the building official may grant modifications provided the building official finds that the modification is in conformance with the intent and purpose of this code and that said modification does not lessen any fire protection requirements nor the structural integrity of the building involved. Any action granting modification shall be recorded in the files of the code enforcement agency. (Ord. 3011 § 2, 2006)

15.04.070 Tests.

(1) Whenever there is insufficient evidence of compliance with the provisions of this code or that any material, method or design does not conform to the requirements of this code, the building official may require tests as proof of compliance to be made at no expense to this jurisdiction.

(2) Test methods shall be as specified by this code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the building official shall determine test procedures.

(3) All tests shall be made by an approved testing agency. Reports of such tests shall be retained by the building official for the period required for the retention of public records. (Ord. 3011 § 2, 2006)

15.04.080 Powers and duties of building official.

(1) General.

(a) In addition to, and not in lieu of, any other enforcement mechanism authorized by this code, 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 (1)(a)(i) through (x) 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.

(i) Prior to issuing an order to correct a violation under this section, the building official may pursue reasonable attempts to secure voluntary correction.

(ii) 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.

(iii) 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 to each responsible person to whom an order to correct was issued.

(iv) Notwithstanding subsections (1)(a)(i) and (ii) 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.

(v) In imposing an administrative civil penalty authorized by this section, the building official shall consider:

(A) The person’s past history in taking all feasible steps or procedures necessary or appropriate to correct the violation;

(B) Any prior violations of statutes, rules, orders, and permits;

(D) Whether the violation was repeated or continuous;

(E) Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act;

(F) The violator’s cooperativeness and efforts to correct the violation; and

(G) Any relevant rule of the building official.

(vi) 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 this state, and seven days after the date mailed if to an address outside this state. Every notice shall include:

(A) Reference to the particular code provision or rule involved;

(B) A short and plain statement of the matters asserted or charged;

(C) A statement that the city intends to assess an administrative civil penalty for the violation and states the amount of the penalty or penalties imposed;

(D) 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 (1)(a)(iv) of this section, a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated; and

(E) A statement of the party’s right to appeal the administrative civil penalty to the administrative hearings officer and a description of the means by which an appeal may be filed and a deadline for informing the municipality that the party intends to appeal the imposition of the administrative civil penalty.

(vii) Any person, firm, corporation or other entity however organized who is issued a notice of administrative civil penalty may appeal the penalty to the administrative hearings officer. The provisions of SHMC 15.04.090(4) shall govern any requested appeal.

(viii) An administrative 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 administrative hearings officer pursuant to, and within the time limits established by, SHMC 15.04.090(4).

(ix) Each day the violator fails to remedy the code violation shall constitute a separate violation.

(x) The civil administrative penalty authorized by this section shall be in addition to: (A) assessments or fees for any costs incurred by the city in remediation, cleanup, or abatement, and (B) any other actions authorized by law.

(b) The building official shall have the power to render written and oral interpretations of this code and to adopt and enforce administrative procedures in order to clarify the application of its provisions. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of this code.

(2) Right of Entry. When it may be necessary to inspect to enforce the provisions of this code, or 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 code or which otherwise makes the building or premises unsafe, dangerous or hazardous, the building official, in accordance with administrative policy, may enter said building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such building or premises be occupied, that credentials be presented to the occupant and entry requested. If such building or premises is 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.

(3) Inspections. Any defects or code violations the building official finds in installation, workmanship, or materials pursuant to an applicable code shall be corrected, and an inspection request shall be made within 30 calendar days of the date of actual notice of deficiency. It is a violation to fail to request an inspection within 30 days of actual notice.

(a) For purposes of this section, actual notice is given when the inspecting jurisdiction does everything required in OAR 918-785-0220.

(4) Postings. The building official shall have authority to post notices, stop work orders, condemnation signs, dangerous building signs, and other necessary postings on any subject property. It is a violation to remove a posting of the building official.

(5) Stop Work Orders. Whenever any work is being done contrary to the provisions of this code or other pertinent laws or ordinances, including specifically, but not limited to, the St. Helens Community Development Code, the building official may order the work stopped by posting the subject property and subsequent notice in writing served on any person(s) engaged in the doing or causing of such work to be done. Such person(s) shall stop such work until specifically authorized by the building official to proceed. The stop work order shall be posted on the subject property in a conspicuous location; removal of the stop work order is prohibited and shall be a violation of this code, except when removal is performed by building department personnel or when removal is authorized in writing.

(6) Authority to Disconnect Utilities in Emergencies.

(a) The building official or the building official’s authorized representative shall have the authority to disconnect fuel-gas utility service and/or other energy supplies to a building, structure, premises or equipment regulated by this code when necessary to eliminate an immediate hazard to life or property. The building official shall, whenever possible, notify the serving utility, the owner and 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 within a reasonable time thereafter.

(b) The building official or the building official’s authorized representative shall have the authority to disconnect or discontinue the operation of a plumbing utility service to a building, structure or equipment in case of an emergency where it is necessary to eliminate an immediate hazard to life or property.

(7) Authority to Abate Hazardous Equipment.

(a) When the building official ascertains that equipment, or any portion thereof, regulated by this code has become hazardous to life, health or property, the building official shall order the equipment either removed from its location or restored to a safe and/or sanitary condition, as appropriate. The notice shall be in writing and contain a fixed time limit for compliance. Persons shall not use the defective equipment after receiving the notice;

(b) When equipment or an installation is to be disconnected, written notice of the disconnection (and causes therefor) shall be given within 24 hours to the involved utility, the owner and/or occupant of the building, structure or premises. When equipment is maintained in violation of this code and in violation of a notice issued pursuant to the provisions of this section, the building official may institute such action as he/she deems necessary to prevent, restrain, correct, or abate the violation.

(8) Connection after Order to Disconnect. No person shall make a connection to or from an energy, fuel, power supply or water or wastewater service, to any equipment regulated by this code which has been disconnected or ordered disconnected or discontinued by the building official until the building official specifically authorizes the reconnection and/or use of such equipment.

(9) Maintenance. All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this section, the building official may cause a structure to be reinspected.

(10) Occupancy Violations. Whenever any building, structure or equipment therein regulated by this code is used contrary to the provisions of this code, the building official may order such use discontinued and the structure (or portion thereof) vacated. All persons using the structure (or portion thereof) shall discontinue the use within the time prescribed by the building official in his notice and make the structure, or portion thereof, comply with the requirements of this code. (Ord. 3124 § 1, 2010; Ord. 3011 § 2, 2006)

15.04.090 Appeals.

(1) Board of Appeals.

(a) In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of five members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city of St. Helens; however, if the order, decision or determination being appealed is the imposition of an administrative civil penalty, the appeal shall be heard by an administrative hearings officer. The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the mayor, subject to consent of the council, and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

(b) The building official shall schedule a meeting of the board within 60 days of the filing of the appeal. The board of appeals shall grant a hearing or dismiss the appeal. The appeal shall be dismissed if the board finds that the appeal does not meet the criteria in subsection (2) of this section. If the appeal is dismissed, the board’s decision is final. The hearing shall be held as soon as reasonable, after the board meeting.

(c) The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

(2) General Appeal Procedure. Any decision relating to: (a) the suitability of alternate materials and methods of construction or (b) an interpretation or decision by the building official with regard to the St. Helens building code may be appealed to the board of appeals in conformance with procedures provided in the applicable section of the St. Helens building code. A decision relating to the imposition of an administrative civil penalty may be appealed to an administrative hearings officer in conformance with the procedures provided in subsection (4) of this section. No appeal shall be accepted without the applicable appeal fee. Failure to strictly comply with the applicable appeal requirements, including but not limited to time for filing and payment of the applicable appeal fee, shall be a jurisdictional defect and shall subject the appeal to summary dismissal in accordance with subsection (4) of this section. When the specific applicable code does not contain an appeal timeframe, the time to appeal a decision or interpretation shall be 30 days, unless an order to vacate has been posted, in which case it shall be within 10 days. In either case, the calculation of time starts the day following service of written notice of the decision or interpretation, consistent with Oregon Revised Statutes computation of time (ORS 174.120 and 174.125). The board of appeals may charge an unsuccessful appellant the cost of the appeal, including the cost of a hearing examiner, if the board makes findings that the appeal is frivolous and either finds against the appellant after a hearing or dismisses the appeal. Failure to pay the costs within 60 days of receipt of said billing shall result in a lien on the property which is the subject of the appeal.

(3) Filing Parties.

(a) Appeals of decisions other than the imposition of an administrative civil penalty may only be filed by the following parties affected by a decision:

(i) The owner or authorized agent;

(ii) Any resident or property owner within 150 feet of a parcel of land that is the subject of the decision;

(iii) Any agency, officer, or department of the city which has the responsibility for providing city facilities and/or services to the parcel of land; or

(iv) Ten adult residents of the city.

(b) Appeals of decisions to impose an administrative civil penalty may only be filed by the person, firm, corporation or other entity however organized, aggrieved by the imposition of an administrative civil penalty.

(4) Procedures for Appeal of Decision to Impose Administrative Civil Penalty.

(a) A person, firm, corporation or other entity however organized aggrieved by a decision of the building official to impose an administrative civil penalty may, within 30 days after the date of notice of the action, appeal in writing to the administrative hearings officer. The written appeal shall be accompanied by the appeal fee as determined by city council and shall include:

(i) The name and address of the appellant;

(ii) The nature of the determination being appealed;

(iii) The reason the determination is incorrect; and

(iv) What the correct determination of the appeal should be.

(b) Unless the appellant and the city agree to a longer period, an appeal shall be heard by the administrative hearings officer within 30 days of the receipt of the notice of intent to appeal. At least 10 days prior to the hearing, the city shall mail notice of the time and location thereof to the appellant.

(c) The administrative hearings officer shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the administrative hearings officer 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 administrative hearings officer shall issue a written decision within 10 days of the hearing date. The written decision of the administrative hearings officer is final.

(e) Other than as provided in this subsection, the appeal fee is not refundable. The administrative hearings officer may make a determination on the motion of the appellant that the appeal fee shall be refunded to the appellant upon a finding by the administrative hearings officer that the appeal was not frivolous.

(f) Failure to pay a penalty imposed hereunder within 60 days after the penalty becomes final as provided in subsection (4)(d) of this section 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 SHMC 15.04.220, other provisions of this code, or state statutes. (Ord. 3124 § 2, 2010; Ord. 3011 § 2, 2006)

15.04.100 Plans and permits.

(1) Issuance.

(a) The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances and that the fees have been paid, the building official shall issue a permit therefor to the applicant.

(b) When the building official issues a permit where plans are required, the building official shall endorse in writing or stamp the plans and specifications “APPROVED.” Such approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this code shall be done in accordance with the approved plans.

(c) The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of a partial permit shall proceed without assurance that the permit for the entire building or structure will be granted.

(2) Retention of Plans. One set of approved plans, specifications and computations shall be retained by the building official for a period of not less than 90 days from date of completion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.

(3) Validity of Permit.

(a) The issuance or granting 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 any other ordinance of the city of St. Helens or any other federal, state, or local law, statute, rule, regulation, or ordinance.

(b) The issuance of a permit based on plans, specifications 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 any other ordinances of the city of St. Helens.

(4) Expiration of Plan Reviews. Applications for which no permit is issued within 180 days following the date of the 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 180 days on 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. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(5) Permit Expiration, Extension and Reinstatement.

(a) Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized is not commenced within the time limitations set forth in this section.

(b) Every permit issued by the building official shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The work shall not be considered suspended or abandoned where the permittee has pursued activities deemed by the building official to indicate the intent to start and complete the project. The building official may require the permittee to document these activities.

(c) Any permittee holding an unexpired permit may apply for an extension of the time within which work is to be completed under that permit when the permittee is unable to complete work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented work from being completed. No permit shall be extended more than once.

(d) Every permit issued by the building official shall expire by limitation and become null and void 24 months after the date of permit issuance. If the building or work authorized by such permit has not received final inspection approval prior to the permit expiration date, all work shall stop until a new permit is obtained for the value of the work remaining unfinished.

EXCEPTION: At the time of permit issuance the building official may approve a period exceeding 24 months for completion of work when the permittee can demonstrate that the complexity or size of the project makes completing the project within 24 months unreasonable.

(e) Where a permit has expired, the permit can be reinstated and the work authorized by the original permit can be commenced, provided the following are met:

(i) The building code under which the original permit was issued and other laws, which are enforced by the code enforcement agency, have not been amended in any manner which affects the work authorized by the original permit.

(ii) No changes have been made or will be made in the original plans and specifications for such work.

(iii) The original permit expired less than one year from the request to reinstate.

The fee for a reinstated permit shall be one-half the amount required for a new permit. Where the request for reinstatement does not comply with the preceding criteria, a new permit at full permit fees shall be required. The building official may waive the reinstatement fee or any portion thereof, not to exceed a total of $100.00, if the permittee demonstrates indigence in a sworn financial statement or demonstrates, by sworn affidavit, delay occasioned by circumstances beyond the control of the permittee.

(6) Work without a Permit – Investigation Fees.

(a) Whenever any work for which a permit is required by this code has been commenced without first obtaining said 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 fee, may be collected whether or not a permit is then or subsequently issued. 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.

(7) 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.

(8) Suspension/Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error on the basis of incorrect information supplied, or if its issuance (or activity thereunder) is in violation of any ordinance or regulation of any other provisions of the laws and ordinances of the city of St. Helens.

(9) Inspections.

(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 his 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 thereon regarding inspection of the work. This card shall be maintained available by the permit holder until final approval has been granted by the building official.

(10) Minor Label Program. The state of Oregon minor label program for plumbing can only be used for exposed accessible plumbing and water heaters. Sewer laterals and water lines supplying the building, home, or structure are concealed in the ground and are not readily accessible at future dates to comply with a possible inspection required by the minor label program. (Ord. 3134 § 1, 2010; Ord. 3011 § 2, 2006)

Article II. Various Codes

15.04.110 Structural code.

(1) Enforcement of State Code. The currently adopted Oregon Structural Specialty Code, as amended, as adopted by OAR 918-460-0010 through 918-460-0016, except as modified in this chapter, is enforced as part of this code. The following appendices are specifically adopted: Appendices J and F. The following appendices are excluded from this adoption: Appendices A, B, D, E, G, H, I and K.

(2) Excavation and Grading/Erosion Control. Appendix J of the currently adopted Oregon Structural Specialty Code, as adopted above, govern excavation and grading/erosion control. The fees set forth in the currently adopted St. Helens fee schedule shall apply. All references to Figure 1808.7.1 entitled “Foundation Clearance From Slopes” in the currently adopted Oregon Structural Specialty Code and Figure R403.1.9.1, entitled “Foundation Clearance From Slopes,” of the currently adopted Oregon Residential Specialty Code are adopted and enforced as part of this code. (Ord. 3218 § 1, 2017; Ord. 3086 § 2, 2008; Ord. 3011 § 2, 2006)

15.04.120 Mechanical code.

(1) Enforcement of State Rules. The currently adopted edition of the Oregon Mechanical Specialty Code, as adopted by OAR 918-440-0010 through 918-440-0015, except as modified in this chapter, is adopted and enforced as part of this code. (Ord. 3218 § 2, 2017; Ord. 3086 § 2, 2008; Ord. 3011 § 2, 2006)

15.04.130 Plumbing code.

(1) Enforcement of State Code. The currently adopted Oregon Plumbing Specialty Code, as adopted by OAR 918-750-0010 through 918-750-0190, except as modified in this chapter, is enforced as part of this code. (Ord. 3218 § 3, 2017; Ord. 3086 § 2, 2008; Ord. 3011 § 2, 2006)

15.04.140 Electrical code.

(1) Enforcement of State Code. The currently adopted edition of the Oregon Electrical Specialty Code, as adopted by OAR 918-305-0000 through 918-305-0700, except as modified in this chapter, is enforced as part of this code. (Ord. 3218 § 4, 2017; Ord. 3086 § 2, 2008; Ord. 3011 § 2, 2006)

15.04.150 One- and two-family dwelling code.

(1) Enforcement of State Code. The currently adopted Oregon Residential Specialty Code, as adopted by OAR 918-480-0005 through 918-480-0130, including Mechanical and Structural Sections and all appendices, except as modified in this chapter, are enforced as part of this code.

(2) Notwithstanding R602 (Wall Construction) of the above-referenced Residential Specialty Code, the upper limit of the moisture content of lumber shall not exceed 19 percent as recognized in the AF&PA’s NDS. (Ord. 3218 § 5, 2017; Ord. 3086 § 2, 2008; Ord. 3011 § 2, 2006)

15.04.160 Manufactured dwelling code.

(1) Parks.

(a) Enforcement of State Rules. The currently adopted edition of the Oregon Manufactured Dwelling and Park Specialty Code, as adopted by OAR 918-600-0005 through 918-600-0030, except as modified in this chapter, is adopted and enforced as part of this code.

(2) Manufactured Home Installations.

(a) Enforcement of State Rules. The current edition of the Oregon Manufactured Dwelling Installation Specialty Code, adopted by OAR 918-500-0005 through 918-500-0470, 918-525-0005 through 918-525-0520, and 918-530-0005 through 918-530-0340, except as modified in this chapter, is adopted and enforced as part of this code. (Ord. 3218 § 6, 2017; Ord. 3011 § 2, 2006)

15.04.170 Recreational park and organizational camp regulations.

(1) Enforcement of State Rules. The Recreational Park and Organizational Camp Rules, adopted by OAR 918-650-0005 through 918-650-0080, except as modified in this chapter, is adopted and enforced as part of this code. (Ord. 3011 § 2, 2006)

15.04.180 Dangerous buildings code.

(1) Unsafe Buildings.

(a) All buildings or structures regulated by this code which are structurally unsafe, fail to provide adequate means of egress, 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 use. 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 deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages.

(b) All such unsafe buildings, structures or appendages are hereby 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 procedures as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or another employee or official of the city of St. Helens as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation.

(2) Adoption of Uniform Code for the Abatement of Dangerous Buildings. The currently adopted edition of the International Existing Building Code is hereby adopted and will be enforced as part of this code. References to the currently adopted edition of the International Existing Building Code in Chapter 15.20 SHMC shall be to the corresponding sections in the applicable adopted specialty code, including but not limited to the Oregon Structural Specialty Code and the International Existing Building Code. (Ord. 3218 § 7, 2017; Ord. 3011 § 2, 2006)

15.04.190 Abatement of buildings damaged by earthquake.

(1) Enforcement of State Code. The earthquake abatement rules adopted by OAR 918-470-0010 through 918-470-10110, except as modified in this chapter, are enforced as part of this code.

(2) Standards and Methodology for Seismic Evaluation of Existing Buildings.

(a) General. The provisions of this section shall prescribe the seismic design requirements for existing buildings undergoing changes of occupancy, additions, or alterations. The requirements of this section only apply to buildings for which a building permit has been applied for to change the occupancy classification, add square footage to the building, or alter the building.

(b) Definitions.

(i) “FEMA 178” means the “NEHRP Handbook for the Seismic Evaluation of Existing Buildings” (hereinafter “FEMA 178”) published by the Federal Emergency Management Agency. The city adopts and incorporates FEMA 178 by this reference.

(ii) “FEMA 178 evaluation” means the process of evaluation of an existing building for the potential earthquake-related risk to human life posed by that building, or building component, and the documentation of that evaluation, performed and written according to the provisions of the “NEHRP Handbook for the Seismic Evaluation of Existing Buildings,” published by the Federal Emergency Management Agency and approved by the building official.

(iii) “Net floor area” means the area of a building measured from the inside of the permanent outer building walls, excluding any major vertical penetrations of the floor, such as elevator and mechanical shafts.

(iv) “Roof covering repair or replacement,” as used in this section, shall mean the installation of a new roof covering following the removal of 50 percent or more of the roof covering layers.

(c) Design Standards. Except as specifically provided for herein, changes of occupancy and structural additions the design standard shall be the current edition of the Oregon Structural Specialty Code adopted and enforced as part of this code. For other work covered by this section (e.g., voluntary work), the design standard shall be “FEMA 178, NEHRP Handbook for the Seismic Evaluation of Existing Buildings,” published by the Federal Emergency Management Agency. FEMA 178 shall be used under this section with the effective peak velocity-related acceleration and effective peak acceleration coefficients (Av and Aa) of 0.3 used in place of figure 2.1a and 2.1c.

(d) Change of Occupancy. The following table shall be used to classify the relative hazard of all building occupancies:

Relative Hazard	Occupancy Classification
5 (Highest)	A, E, I-1.1, I-3, H-1, H-2, H-3, H-6, H-7
4	R-1, SR, I-2, I-3.1
3	B, I-1.2, I-1.3, M
2	F, S, H-4, H-5
1 (Lowest)	R-3, U

An occupancy change to the same or a lower relative hazard classification number will not require seismic improvements in accordance with the Oregon Structural Specialty Code, unless the change results in an occupant load increase of more than 20 percent. Changes to the same or lower relative hazard classification shall require compliance with FEMA 178, at a minimum. All changes to a higher relative hazard occupancy will require seismic improvements using the current edition of the Oregon Structural Specialty Code. All structures which are being converted to essential facilities as defined in the Oregon Structural Specialty Code, shall comply with current state code seismic requirements, regardless of other requirements in this section.

(e) Building Additions. An addition that is not structurally independent from an existing building shall be designed and constructed such that the entire building conforms to the seismic force resistance requirements for new buildings as set forth in the Oregon Structural Specialty Code and other applicable codes, unless the following three conditions are met:

(i) The addition shall comply with the requirements for new buildings; and

(ii) The addition shall not increase the seismic forces in any structural element of the building by more than five percent unless the capacity of the element subject to the increased forces is equal to or greater than that required for new buildings; and

(iii) The addition shall not decrease the seismic resistance of any structural element of the existing building unless the reduced seismic resistance of the element is equal to or greater than that required for new buildings.

(f) Fire Damaged Structural Systems. If a building is damaged by fire, all damaged lateral load resisting components of a building’s structural system must be designed and rebuilt to current provisions of the Oregon Structural Specialty Code. These components must also be connected to the balance of the undamaged lateral load resisting system in conformance with current code provisions. Undamaged components need not be upgraded to current lateral load provisions of the current code, unless required by other provisions of this title.

(g) Building Alterations – General. When an alteration, for which a building permit is required, has a value of more than $100,000, a FEMA 178 evaluation is required. A letter of intent to have a FEMA 178 evaluation performed may be submitted along with the permit application. The evaluation must be completed before any future permits will be issued. The following shall be exempted from this requirement:

(i) Buildings constructed or renovated to seismic zone D2 under a prior government permit.

(ii) One- and two-family dwellings.

(iii) Single story, light metal buildings less than 5,000 square feet in area.

(iv) Light wood buildings less than 5,000 square feet in area.

A previously prepared seismic study may be submitted for consideration to the building official as equivalent to a FEMA 178 evaluation.

(h) Building Alterations – Unreinforced Masonry. Seismic hazards shall be mitigated in conjunction with building alterations and repairs in unreinforced masonry buildings, as follows:

(i) When a roof covering is repaired or replaced, as defined in subsection (2)(b)(iv) of this section, the building structural roof system, anchorage, and parapets shall be repaired or rehabilitated per Appendix C of FEMA 178; or

(ii) When the cost of alteration work which requires a building permit in a two-year period exceeds $15.00 per square foot for the total net floor area in the building, then the building shall be improved seismically per subsection (2)(c) of this section. Costs for site improvements, mandated FM41 agreements, mandated ADA improvements, mandated landscaping and mandated or voluntary seismic improvements will not be included in the $15.00 per square foot amount.

(i) Application of Other Requirements. Building permit applications to improve the seismic capability of a building shall not trigger: accessibility improvements so long as the seismic improvement does not lessen accessibility; fire life safety improvements so long as the seismic improvement does not lessen the building’s fire resistance or exiting capability. Conformance with these standards does not exempt buildings from future seismic regulations. Conformance with these standards does not excuse compliance with other applicable portions of the St. Helens building code and St. Helens Community Development Code.

(j) Appeals. Local appeals shall be addressed through the board of appeals. See SHMC 15.04.090(1). (Ord. 3011 § 2, 2006)

15.04.195 Moorages and floating structures.

The city adopts and will enforce Chapter 15.16 SHMC, Moorages and Floating Structures Code, as part of the structural specialty code in SHMC 15.04.110(1). Within 90 days of the effective date of the ordinance codified in this chapter, the St. Helens building official, after consultation with the fire marshal, will report to the council with recommendations for changes, if any, to the moorages and floating structures code. (Ord. 3011 § 2, 2006)

Article III. Fees

15.04.200 Fees.

(1) Fees charged under this code shall be as provided by resolution.

(2) The building official may authorize the refunding of fees paid in accordance with the refund policy in effect in the jurisdiction.

(3) The determination of value or valuation under any provisions of this code shall be made by the building official. The value to be used in computing the building permit and plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. (Ord. 3011 § 2, 2006)

Article IV. OAR and ORS References

15.04.210 OAR and ORS references.

Reference to Oregon Administrative Rules and Oregon Revised Statutes in this code refers to the most recent rules in effect. (Ord. 3011 § 2, 2006)

Article V. Penalties

15.04.220 Penalties.

(1) In addition to an order requiring remedial action, any person violating any of the provisions herein for which a special penalty has not been expressly provided shall, upon conviction thereof, be punished by a fine not to exceed $1,000 per violation. Each day that a violation exists is a separate offense. Except in the case of an administrative civil penalty, the minimum and maximum fines for corporations are double the fines given in this section.

(2) Notwithstanding any other provision of the St. Helens Municipal Code or regulations enacted pursuant thereto, matters pertaining to the imposition of an administrative civil penalty shall not be filed in or adjudicated by the municipal court.

(3) The remedies in this code are not exclusive. The city may institute any other appropriate judicial action or administrative proceedings to prevent, restrain, correct, or abate any violation of this code.

(4) Unpaid Penalties.

(a) Failure to pay an administrative civil penalty imposed pursuant to this code within 60 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 (4)(b) of this section, other provisions of this code, or state statutes.

(b) If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid 60 days after such penalty become final, the building official shall assess the property the full amount of the unpaid fine and shall enter such an assessment as a lien against the property in the city lien docket. At the time such an assessment is made, the building official shall notify the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the city lien docket. The lien shall be enforced in the same manner as all city liens. Interest at the rate of nine percent per annum 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. 3214 § 3, 2010; Ord. 3011 § 2, 2006)