AN ORDINANCE ADOPTING CHAPTER 9.04 BUILDING CODES, OF TITLE 9, BUILDING, OF THE YAMHILL MUNICIPAL CODE; ADOPTING THE STATE BUILDING CODES WHICH INCLUDE THE STATE SPECIALTY CODES PURSUANT TO THE OREGON REVISED STATUTES; SUPERSEDING ORDINANCE 302; AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. There is hereby added to the Yamhill Municipal Code, Title 9 Buildings, Chapter 9.04 Building Codes, which is to read as follows:

Sections:

9.04.010 City Code Administration

9.04.020 State Codes Adopted

9.04.030 Standards Applicable to Building

9.04.040 Definitions

9.04.050 Permits Required

9.04.060 Permits Issued

9.04.070 Local Interpretation

9.04.080 Violation and Penalties

9.04.010 City Code Administration. The city shall provide for the administration of a plan checking, permit, and inspection program for structural, mechanical, and plumbing work, but not for electrical. This city program is applicable to public as well as private building.

9.04.020 State Codes Adopted. Except as otherwise provided in this Ordinance, the following state specialty codes are adopted and shall be in force and effect as part of this Ordinance:

A.) State of Oregon Structural Specialty Code, 1996 Edition, including Chapter 1, Administration, based on the 1994 edition of the Uniform Building Code, adopted by the State of Oregon Building Codes Agency effective April 1, 1996, as authorized by ORS 455.010 through ORS 455.895 and ORS 447.210 through ORS 447.310;

B.) State of Oregon Mechanical Specialty Code, 1996 Edition, including Chapter 1, Administration, based on the 1994 Edition of the Uniform Mechanical Code, adopted by the State of Oregon Building Codes Agency effective April 1, 1996, as authorized by ORS 455.020(1) and ORS 455.010 - 455.895;

C.) State of Oregon Plumbing Specialty Code, 1996 edition, including Chapter 1, Administration, based on the 1994 Edition of the Uniform Plumbing code, Adopted by the State of Oregon Building Codes Agency, effective April 1, 1996, as authorized by ORS 455.020 and ORS 455.010 - 455.895;

D.) State of Oregon One and Two Family Dwelling Specialty Code, 1996 Edition, including Chapter 1, General Administration, based on the 1994 edition of the One and Two Family Dwelling Code, adopted by the State of Oregon Building Codes Agency effective April 1, 1996, as authorized by ORS 455.010 and ORS 445.020 through ORS 445.895;

E.) Chapter 1, Administration, of the Oregon Structural Specialty Code (Exhibit A); Chapter 1, Administration, of the Oregon Mechanical Specialty Code (Exhibit B); Chapter 1, Administration; of the Oregon Plumbing Specialty Code (Exhibit C); and Chapter 1, General Administration, of the One and Two Family Dwelling Specialty Codes (Exhibit D) are attached as Exhibits, as referenced above, and by reference here incorporated into this ordinance.

9.04.030 Standards Applicable to Building. In addition to compliance with this 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 marshall as these codes are now and hereafter constituted. No person shall conduct building or related activities without compliance with these standards.

9.04.040 Definitions. Except where the context clearly indicates a different meaning, the general definitions appearing in codes mentioned in all Sections of this Ordinance, shall be applicable throughout this Ordinance. Additional definitions follow:

A.) Building Official - A city employee designated to enforce the Building Code.

B.) Owner - Record holder of legal title or where real property is being purchased through a lender or by a recorded land sale contract, the purchaser who holds equitable title. Owner is the Person Responsible. For the purposes of this chapter, the owner shall be the "person responsible" for purposes of enforcement.

C.) Person in charge of property - An owner, purchaser under contract, lessee, tenant, licensee or other person having possession or control of property.

9.04.050 Permits Required. In addition to all other permits required by law to be issued by or through the City, no person, firm, or corporation shall commence construction, reconstruction, alteration, modification, installation, relocation, expansion or enlargement of any of the activities identified below without first obtaining a permit.

A.) The exterior structure of residential and/or commercial buildings.

B.) Structural, electrical or plumbing modifications in or to residential and/or commercial buildings.

C.) Exterior equipment, machinery and appliances for heating, cooling or air conditioning of residential buildings.

D.) Structures detached from the dwelling unit within residential areas.

E.) To the extent permitted by law, the use of a residential dwelling for business or commercial purposes.

9.04.060 Permits Issued. A permit shall be issued by the City for the activities identified above if the City finds that the activity for which the permit is sought is in compliance with the following:

A.) All statutes, ordinances, resolutions, rules and regulation administered by and through the City which are applicable to the activity. This includes the collection of all permit fees due in accordance with City ordinances/resolutions relating to the respective permits.

9.04.070 Local Interpretation. In addition to the provisions of Section 104.2.8 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 ordinance; provided he 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 ordinance 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. The building official may refer the proposed design to the county board of appeals, and the 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. 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.

9.04.080 Violation & Penalties.

A.) No person, firm, or corporation, shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, 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 Ordinance.

B.) No person, firm, or corporation, shall install, alter, repair, replace, improve, convert, equip or maintain any mechanical equipment or system in the City, or cause the same to be done contrary to or in violation to this Ordinance.

C.) No person, firm, or corporation, shall install, remove, alter, repair, replace, improve, or maintain any plumbing or drainage piping work or any fixture or water heating or treating equipment in the City, or cause the same to be done contrary to or in violation of this Ordinance.

D.) Each violation of a separate provision of this Ordinance shall constitute a separate violation; and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate violation.

E.) If a provision of this Ordinance is violated by a person, firm or corporation, the officer(s) or person(s) responsible for the violation shall be subject to the penalties imposed by this Ordinance.

F.) The penalties imposed by this ordinance are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

G.) Violation of this Ordinance shall be punishable, upon conviction, as a violation with a minimum fine of $100.00, not to exceed a maximum fine of $500.00. Anyone failing to obtain a permit prior to initiating any work requiring a permit in accordance with this Ordinance, shall be in violation and shall pay a fine equal to the specified fee or $100.00, whichever is greater.

SECTION 2. This ordinance being necessary for the health, safety, and welfare of the citizens of the city of Yamhill, Oregon, and an emergency having been declared to exist, this Ordinance is effective immediately upon passage by the Council and execution by the Mayor.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 11th day of June , 1997.