Junction City Ordinances, Title 9-9, Adoption State Specialty Codes

ORDINANCE No. 1120

Adoption State Specialty Codes

           AN ORDINANCE ADOPTING OREGON STATE SPECIALTY CODES: PROVIDING FOR THE ISSUANCE OF PERMITS, COLLECTION OF FEES, AND REPEALING OF ORDINANCE NO. 990.

            The city of Junction City ordains as follows:

           Section 1.   Adoption of Codes.   The city of Junction City adopts the following codes by reference, and each code is incorporated and made a part of this ordinance, except as specifically provided by this section.

           (1)   The currently adopted State of Oregon Structural Specialty Code.

           (2)   The State of Oregon 2002 Edition Mechanical Special Code.

           (3)   The currently adopted State of Oregon One and Two Family Dwelling Specialty Code.

           (4)   The currently adopted State of Oregon Plumbing Specialty Code.

           (5)   The currently adopted State of Oregon Electrical Specialty Code.

           (6)   The currently adopted Oregon Manufactured Dwelling Specialty Code.

           (7)   The currently adopted Oregon Manufactured Dwelling Specialty Code. Permit Required. No person shall work on any new or altered mobile home park for which a permit has not been issued by the City.

           (8)   The currently adopted Oregon Manufactured Dwelling Specialty Code. Permit Required. No person shall work on any new or altered recreational park or organizational park for which a permit has not been issued by the City.

           (9)   Chapter 33, Excavation and Grading, of the 1997 Edition of the Uniform Building Code.

           Section 2.   Local Interpretation.

           (1)   The City Board of Appeals shall be the City Council which shall have no authority to waive requirements of a specialty code.

           (2)   A person affected by a ruling of the building official may appeal the ruling to the Board of Appeals within 30 days of the ruling with further appeal to the appropriate State Specialty Code Board.

           (3)   The City recognizes that a person may request a ruling from the Administrator of the State Building Codes Agency prior to submitting an application to the City for a permit or after withdrawing a previously submitted application.

           (4)   Electrical Code appeals shall be processed to the City Lead Electrical Inspector who will render a final decision. Appeals from final decisions made by the City Chief Electrical Inspector on electrical installations or electrical products shall be made to the Oregon State Chief Electrical Inspector according to provisions of ORS 479.853.

           Section 3.   Fees.

           (1)   Value or valuation of a building or structure shall be determined as established by the attached valuation table and fee schedule as adopted by this ordinance, Section 1, Subsection 1.

           (2)   Permit, plan checking, investigation and other fees charged by the building official shall be as established in the attached fee schedule specialty codes listed below as adopted by this ordinance, Section 1, Subsection 1.

           Section 4.   Investigative Authority and Corrective Action of Building Official and Inspector. In addition to any other authority and power granted to the building official or delegated inspector under the specialty codes adopted by this ordinance, except where inconsistent with other provisions of the law, the building official or delegated inspector may enforce the provisions of the specialty codes against any person regardless of whether a permit, certificate, license or other indicia of authority has been issued. The building official or delegated inspector may investigate, order corrective action and if an immediate hazard to health and safety is imminent, issue an order to stop all or any work under the applicable specialty code.

           Section 5.   Penalties.

           (1)   It shall be unlawful for a 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, mechanical system or equipment, plumbing system or fixtures, electrical system or equipment, or cause or permit the same to be done in violation of a specialty code or other regulation established by this ordinance.

           (2)   It shall be unlawful for a person, firm, or corporation to construct, enlarge, alter, repair, move, improve, convert or demolish, set up, use, occupy, or maintain any manufactured dwelling, accessory structure or appliances, manufactured dwelling park, or recreational park or camp, or cause or permit the same to be done in violation of a specialty code or other regulation established by this ordinance.

           (3)   The provisions and penalties herein are in addition to those remedies established for trades licensing under ORS Chapters 446, 447, 455, 479, and 693; more specifically ORS 446.990, 447.160, 455.895, 479.830, and 693.190 penalty provisions.

           (4)   A violation of Subsections 1 and 2 above is punishable by a fine not to exceed $1000 per violation. In the case of a continuing violation, every day's continuance of the violation is a separate offense.

           Section 6.   Severability.   The Council declares that should any section, paragraph, sentence, or work of this ordinance be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance, independent of the elimination of any such portion as may be declared invalid.

           Section 7.   Effective Date.   This ordinance shall become effective on November 12, 2003.

           Section 8.   Repeal.   Ordinance No. 990 is hereby repealed.

           Section 9.   Emergency Clause.   Whereas it is necessary to maintain the peace, health and safety of the citizens of the City of Junction City, an emergency is hereby declared to exist. This Ordinance, therefore, shall become in force with the effective date of this Ordinance upon its passage by the Council and approval of the Mayor.

           Passed by the Council and approved by the Mayor this 12th day of November, 2003.

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