AN ORDINANCE AMENDING TITLE 9, BUILDING, CHAPTER 9.04, BUILDING CODES, OF THE YAMHILL MUNICIPAL CODE, AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. For clarification and understanding of the overall implications and objectives of the City Council in the construction of the proposed amendments to this Yamhill Municipal Code Chapter, the currently existing Municipal Code and proposed changes to that code are both contained within the body of this Ordinance. The following proof-readers marks shall be observed in understanding the content of the Ordinance:

aaaaaaaa Currently Existing Municipal Code

aaaaaaaa Existing Municipal Code to be removed

aaaaaaaa New Municipal Code being added

SECTION 2. Yamhill Municipal Code Chapter 9.04, Building Codes, is hereby amended 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 Sidewalk Deposits Required

9.04.070 Permits Issued

9.04.080 Infrastructure Required to be Installed Prior to Permit

9.04.090 Certificate of Occupancy Required

9.04.100 Requirements for Completion of Certificate of Occupancy

9.04.110 Local Interpretation

9.04.120 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. (Ord. 302, §2, 1977; Ord. 421, §1(part), 1997)

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

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 Chapter.

F.) State of Oregon Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition. (Ord. 421, §1(part), 1997; Ord. O-426, §1(part), 1997)

9.04.030 Standards Applicable to Building. In addition to compliance with this and other regulations 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. (Ord. 302, §1, 1977; Ord. 421, §1(part), 1997)

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

"Building Official". A city employee designated to enforce the Building Code.

"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.

"Person in charge of property". An owner, purchaser under contract, lessee, tenant, licensee or other person having possession or control of property. (Ord. 421, §1(part), 1997)

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. (Ord. 421, §1(part), 1997)

9.04.060 Sidewalk Deposits Required.

(A) There shall be established a "Sidewalk Deposit" which shall be in addition to any and all other fees or charges required by the City of Yamhill.

(B) This deposit shall only be required when building permits are issued which will require the installation of sidewalks in accordance with Yamhill Municipal Code Chapter 2.16 - Sidewalk Regulations.

(C) If the issuance of a building permit does not require the installation of a sidewalk, this deposit shall be waived.

(D) The City Recorder/Treasurer shall issue a refund of the deposit upon satisfactory installation of the required sidewalk, after receiving verification by the Public Works Superintendent that said sidewalk has been installed in accordance with all City Standards and Requirements. Said deposit refund shall occur within 21 days of receipt of Public Works Verification by the City Recorder.

(E) All requirements of Yamhill Municipal Code Section 2.16.020 shall be completed within 180 days of the issuance of the building permit, or the deposit shall be considered forfeited by the applicant.

(F) Any deposits which shall be forfeited shall be placed in a reserve account, which shall be created to accommodate future sidewalk installations, and associated expenses, within the City of Yamhill.

(G) In the event that a sidewalk deposit is forfeited, the City shall retain the right to proceed with construction of said sidewalk improvements, and place a lien on the property for costs incurred.

(H) The amount of this deposit shall be determined by resolution set forth by the City Council.

9.04.070 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 regulations 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. (Ord. 421, §1(part), 1997)

9.04.080 Infrastructure Required to be Installed Prior to Permit.

(A) Prior to the issuance of a Building Permit, all required infrastructure shall be installed, with the exception of sidewalks. This shall include water and sewer lines, underground utilities, and any other infrastructure as shall be required by any other City regulations as these codes are now and hereafter constituted.

(B) The Council shall have the right to defer or delay the installation of public works infrastructure in accordance with an approved Public Works Variance, as per Title 2, Chapter 2.28, Public Works Variances.

9.04.090 Certificate of Occupancy Required.

(A) All new residential and commercial structures, whether "stick-built" or "manufactured" shall be required to obtain a "Certificate of Occupancy" prior to the Building Project being approved as "final".

(B) All additions and/or conversions of residential and commercial structures, whether "stick-built" or "manufactured", when determined that the use of the addition/conversion shall relate to human habitation, shall be required to obtain a "Certificate of Occupancy" prior to the Building Project being approved as "final".

(C) No Building Project shall be considered completed, and the City shall not consider the project accepted as completed until the issuance of a "Certificate of Occupancy".

9.04.100 Requirements for Completion of Certificate of Occupancy.

(A) All "Certificates of Occupancy" shall require the signature of the Building Inspector, the Public Works Superintendent, and the City Recorder, prior to being considered an official document.

(B) All "Certificates of Occupancy" shall contain the signature of the Building Inspector and Public Works Superintendent prior to being signed by the City Recorder. The function of the signature of the City Recorder is to attest to the signatures of the Building Inspector and Public Works Superintendent.

(C) All "Certificates of Occupancy" shall be prepared in duplicate original. One of the originals shall be released to the holder of the Building Permit. The other original shall be retained as part of the City's permanent records.

9.04.110 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 title; 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 title 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 chapter 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. 302, §4, 1977; Ord. 421, §1(part), 1997)

9.04.120 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 Title.

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 Title.

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 Title.

D.) Each violation of a separate provision of this Title 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 Title 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 Title.

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

G.) Violation of this Title 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 Title, shall be in violation and shall pay a fine equal to the specified fee or $100.00, whichever is greater.

(H) Anyone failing to obtain a "Certificates of Occupancy" prior to initiating residency and/or utilization of residential/commercial structure(s) shall be in violation and shall be subject to discontinuance of City utilities, including Water and Sewer services. The City shall provide written notification that services are to be disconnected, and require correction of the violation within a period of 60 days. If said services are disconnected due to not obtaining the certificate, said services shall not be restored until the certificate is issued, and all fees associated with the disconnection of said services have been paid. (Ord. 302, §6, 1977; Ord. 421, §1(part), 1997)

SECTION 3. This Ordinance hereby amends Yamhill Municipal Code Chapter 9.04, Building Codes. All remaining portions of Yamhill Municipal Code, Title 9, Buildings, are hereby reaffirmed in their entirety.

SECTION 4. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 9th day of September , 1998.