HomeMy WebLinkAboutAdmin Order 53-17-01-FADMINISTRATIVE ORDER NO. 53-17-01-F
of the City Manager
AMENDMENT OF REGULATIONS FOR ADMINISTRATION AND
ENFORCEMENT OF THE BUILDING, FIRE AND TECHNICAL CODES
ADMINISTRATIVE RULE R-8.005 AND REPEAL OF ADMINISTRATIVE
ORDER NO. 53-15-01-F.
The City Manager of the City of Eugene finds that:
A. Pursuant to the authority contained in Sections 2.019 and 8.005 of the Eugene Code,
1971, Regulations for Administration and Enforcement of the Building, Fire and Technical Codes
Administrative Rule R-8.005 was adopted by Administrative Order No. 53-15-01-F on March 27,
2015.
B. On February 8, 2017, I issued Administrative Order No. 53-17-01 proposing to
amend Regulations for Administration and Enforcement Building, Fire and Technical Codes
Administrative Rule R-8.005 to require that construction documents for commercial or multi-
family buildings that include more than ten drawings be submitted in PDF format, and that all
other plans, engineering calculations, diagrams, etc., be submitted in either PDF format or drawn
on substantial paper.
C. Notice of the proposed amendments was published in the Register Guard on
February 10, 11, 12, 13 and 14, 2017. The Notice provided that written comments would be
received for a period of 15 days from the first date of publication. No comments were received in
within the time or in the manner provided in the Notice.
Therefore, based upon the above findings and the findings in Administrative Order No.
53-17-01, and pursuant to the authority contained in Sections 2.019 and 8.005 of the Eugene Code,
1971, I order that:
1. As of the effective date of this Order, Rule R -8.005-B is amended as proposed.
2. The unamended provisions of Administrative Rule R-8.005 adopted by
Administrative Order No. 53-15-01-F remain in full force and effect and are incorporated into Rule
R-8.005 set out in this Order.
order.
3. Administrative Order No. 53-15-01-F is repealed as of the effective date of this
4. Administrative Rule R-8.005, in its entirety, provides as follows:
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ADMINISTRATIVE RULE R-8.005
REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT OF THE
BUILDING, FIRE AND OTHER TECHNICAL CODES
R -8.005-A GENERAL.
1. Scope.
1.1 Administrative Rules. These regulations shall govern the administration
and enforcement of the administrative, building, fire and other technical codes adopted
pursuant to Chapter 8 of the Eugene Code, 1971.
1.2 Technical Codes. The technical codes adopted pursuant to Chapter 8 of
the Eugene Code, 1971, shall have the following scope:
1.2.1 Electrical Code. The electrical code and all regulations concerning
the application of the electrical code shall apply to installations of electrical
conductors and equipment within or on public and private buildings or other
structures, including mobile homes, recreational, vehicles and floating buildings,
other premises such as yards, carnivals, parking and other lots, and industrial
substations; installations of conductors that connect to the supply of electricity;
installations of other outside conductors on the premises; and installations of optical
fiber cable.
1.2.2 One and Two Family Dwelling Code. The one and two family
dwelling code and all regulations concerning the application of the one and two
family dwelling code shall apply to the construction, prefabrication, alteration,
repair, use, occupancy and maintenance of detached one- or two-family dwellings
not more than three stories in height, and their accessory structures, including
structures classified as R-3, M-1 and M-2 occupancies as defined in the structural
specialty code and to residences used for family day care in accordance with ORS
418.820 and OAR 412-10-700.
1.2.3 Fire Code. The fire code and all regulations concerning the
application of the fire code shall apply to all persons, unless specifically exempted
by federal or state law or local ordinance, and to existing conditions as well as to
conditions arising after the adoption of the fire code, except that conditions legally
in existence at the adoption of the fire code and not in strict compliance therewith
shall be permitted to continue only if, in the opinion of the Fire Marshal, they do
not constitute a distinct hazard to life or property. Where no applicable standards
or requirements are set out in the fire code, or contained within other statutes, codes
or administrative rules, compliance with applicable standards of the National Fire
Protection Association or other nationally recognized fire -safety standards as are
approved by the Fire Marshal shall be deemed as prima facie evidence of
compliance with the intent of the fire code.
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1.2.4 Mechanical Code. The mechanical code and all regulations
concerning the application of the mechanical code shall apply to the erection,
installation, alteration, repair, relocation, replacement, addition to, use, or
maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators
or other miscellaneous heat -producing appliances.
1.2.5 Plumbing Code. Except as specifically exempted by federal or state
law or local ordinance, the plumbing code and all regulations concerning the
application of the plumbing code shall apply to the construction, alteration, repair,
removal, or use of any plumbing system or plumbing fixture in any building or
structure.
1.2.6 Structural Code. The structural code and all regulations concerning
the application of the structural code shall apply to the construction, alteration,
moving, demolition, repair and use of any building or structure, except work located
primarily in a public way, public utility towers and poles, mechanical equipment
not specifically regulated in the structural code and hydraulic flood control
structures.
1.2.7 Uniform Swimming Pool, Spa, and Hot Tub Code. The uniform
swimming pool, spa, and hot tub code and all regulations concerning the application
of the code shall apply to the erection, installation, alteration, repair, relocation,
replacement, addition to, use, or maintenance of any swimming pool, spa, and hot
tub.
1.2.8 Nationally Recognized Standards. Where no applicable standards
or requirements are set forth in this rule, or contained within other laws, codes,
regulations, ordinances or bylaws adopted by the city, compliance with applicable
standards of the National Fire Protection Association or other nationally recognized
fire -safety standards as are approved by the building official or fire marshal shall
be deemed as prima facie evidence of compliance with the intent of this rule.
2. Definitions. Except as specifically defined herein, the words and phrases used
herein shall have the meaning assigned to them by the applicable technical code. As used herein,
the following words and phrases mean:
Administrative Code. The regulations adopted by Section 8.005 of the Eugene
Code, 1971.
Building Official. A person designated by the City Manager with the responsibility
for administration and enforcement of the Administrative Code or any technical code, or
his or her designee.
. Demolition. The deliberate destruction of a building or other structure, or
significant portion thereof.
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Fire Marshal. A person designated by the City Manager to administer and enforce
the fire prevention code and the administrative code or his or her designee.
Premises. Real property.
Private residence building. A single family dwelling, duplex dwelling, or
multiple dwelling, as those terms are defined by Section 9.015 of the Eugene Code, 1971,
exclusive of any non-residential portion of such dwelling.
Technical Code or Specialty Code. Any or all of the following codes: Electrical
Code, One and Two Family Dwelling Code, Fire Code, Mechanical Code, Plumbing Code,
Structural Code ("U.B.C."), and Swimming Pool, Spa & Hot Tub Code.
Uniform Fire Code Standards. The Uniform Fire Code Standards referenced in
the Fire Prevention Code and these regulations are those standards contained in Section
2.304 of the Uniform Fire Code 1991 Edition.
3. Purpose. The purpose of these regulations, and of the technical codes, is to:
3.1 Provide uniform performance standards providing reasonable safeguards
for health, safety, welfare, comfort, security and practicable maximum energy
conservation, by regulating and controlling the design, construction, materials, use,
occupancy, location and maintenance of all buildings, and building service equipment; and
3.2 Protect life and property from the hazards of fire, panic and explosion
arising from conditions hazardous to life or property in the use or occupancy of buildings
or premises, and for the storage, handling and use of hazardous substances, materials and
devices.
4. Conflicting Provisions. Wherever conflicting provisions or requirements occur
between the administrative code, the technical codes as adopted by the City of Eugene, and other
provisions of the Eugene Code, 1971, the most restrictive shall govern. Where conflicts occur
between the technical codes, those provisions providing the greater safety to life shall govern. In
other conflicts, where sanitation, life safety or fire safety are not involved, the most restrictive
provisions shall govern. Where in any specific case different sections within any of the technical
codes 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. Notwithstanding any of the foregoing,
where any provision of the One and Two Family Dwelling Code conflicts with any provision of
any other technical code, the former shall govern. Where conflicts occur between any specific
provisions of the administrative code or these regulations, and any administrative provisions in
any technical code, these regulations and the administrative code shall govern.
5. _ Enforcement Generally. The Building Official is hereby authorized to enforce all
provisions of the administrative code, these regulations, and the technical codes, other than the
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Fire Prevention Code, and to issue interpretations of the technical codes and these regulations. The
Fire Marshal is hereby authorized to enforce all provisions of the Fire Prevention Code and to issue
interpretations of the Fire Prevention Code.
6. Enforcement Powers Nonexclusive. The enforcement powers contained in these
regulations and the administrative code are not exclusive, and they are not intended to preclude
the use of all other enforcement powers and penalties authorized elsewhere by the Eugene Code,
1971.
7. Appeals.
7.1 General. Any person who disagrees with a finding or decision made
pursuant to these regulations, and who is adversely affected by that finding or decision,
may appeal it pursuant to the provisions of this section. Applications for all such appeals
shall be filed with the Building Official, upon forms supplied by the City, and shall be
accompanied by an appeal fee set pursuant to Section 2.020 of the Eugene Code, 1971.
7.2 Code Violations. Any person who disagrees with the Building Official's
or Fire Marshal's finding of a violation of one or more of the technical codes or
administrative enforcement action taken by the Building Official or Fire Marshal may
appeal to a hearings officer. The appeal must be filed within ten days of written notice of
the violation or enforcement action. The sole questions to be determined are whether the
findings are supported by a preponderance of evidence, and whether the Building Official
or Fire Marshal had authority to impose the sanction chosen. The hearings officer shall
not substitute judgment as to the most appropriate sanction. Hearings shall be governed
by the provisions of Section 2.021 of the Eugene Code, 1971.
7.3 Code Interpretations and Permit Denials.
7.3.1. Creation. A Construction Code Board of Appeals is created, to
consist of members who are qualified by experience and training to act upon matters
pertaining to building construction and building service equipment and who are not
employees of the City. The Building Official, after consultation with the Board,
shall adopt rules of procedure for conducting the Board's business.
7.3.2. Grounds for Appeal to the Construction Code Board of Appeals.
A person may appeal to the Board when the person claims that the City has denied,
suspended or revoked a permit under these regulations based on the application of
the technical codes, or that the City has misinterpreted the true intent of a technical
code. The owner of a building or structure also may appeal from a decision of the
Building Official and/or Fire Marshal refusing to grant a modification to the
provisions of a technical code covering the design or method of construction or
material to be used in the erection, alteration, or repair of the building or structure
or building service equipment when it is the applicant's belief that he/she has
proposed an equally good or better material or method of construction or
installation than that required by a technical code.
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7.3.3 Membership of Construction Code Board of Appeals. The
Construction Code Board of Appeals shall consist of seven members appointed by
the City Manager or designee who are qualified by experience and training to act
upon matters pertaining to building construction and building service equipment
and who are not employees of the city.
7.3.4. Operation of Board. Subject to the provisions hereinafter set forth
in this Subsection 7.3.4., the Board shall conduct hearings for any given technical
code appeal providing a simple quorum of all voting members of the Board is
present.
7.3.4.1 Electrical appeals. When hearing electrical code appeals,
one of the members constituting the quorum shall be an electrical contractor
or an Oregon licensed engineer with electrical specialty.
7.3.4.2 PlumbinLy appeals. When hearing plumbing code appeals,
one of the members constituting the quorum shall be a plumbing contractor
or an Oregon licensed engineer with mechanical specialty.
7.3.4.3 Mechanical appeals. When hearing mechanical code
appeals, one of the members constituting the quorum shall be a mechanical
contractor or Oregon licensed engineer with mechanical specialty.
7.3.4.4. Structural, life safety, fire, swimming pool, spa and hot
tub code appeals. When hearing structural specialty code, fire code, or
swimming pool, spa and hot tub code appeals, one of the members
constituting the quorum shall be an Oregon licensed architect or an Oregon
licensed engineer, and a fire protection contractor or specialist.
7.3.5. Terms of Appointment. Each member shall serve for the term
indicated at the time of appointment, or until his/her successor has been appointed.
7.3.6. Procedures of the Board. All hearings shall be public, and the
appellant, appellant's representatives, and the city's enforcement official shall be
given an opportunity to be heard. The Board shall affirm, modify, or reverse the
decision of the Building Official or Fire Marshal by a majority vote of those present.
The Building Official, after consulting with the Board, shall adopt rules and
procedures for the Board in conducting investigations and issuing decisions. The
Board shall render all decisions and findings in writing to the applicant and the
Building Official, and, where appropriate, to the Fire Marshal. The Board has no
authority to interpret the provisions of these regulations or the administrative code,
nor to waive any requirement in a technical code; nor to issue a decision which is
contrary to a binding official interpretation approved by the State administrator as
defined in ORS Chapter 455.
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7.3.6. Effective Date. Notwithstanding the effective date of this
Administrative Rule, the provisions contained in this Section 7.3 concerning the
composition of the Construction Code Board of Appeals and the members thereof
shall become effective upon the effective date of the City Manager's administrative
order appointing the members. The operation of the Board, however, shall be
governed by the provisions contained in this Section 7.3.
8. Application to Existinit Structures.
8.1 Existing Installations. Buildings, structures, electrical and mechanical
systems and equipment, and plumbing systems and fixtures in existence at the time of the
adoption of these regulations may have their existing use or occupancy continued, if such
use or occupancy is in accordance with the original design and location and was legal at
the time of the adoption of these regulations and, in the case of plumbing systems or
fixtures, is not a cross -connection or back -siphonage hazard, provided such use is not
hazardous to life, health or property and is not in conflict with statutes, rules, regulations,
or ordinances of any federal or state agency or municipality.
8.2 Additions. Additions, alteration, or repairs (collectively referred to as
"additions") may be made to any building, structure, electrical system or equipment,
mechanical system, plumbing system or plumbing fixture (collectively referred to as
"structure or system") without requiring the existing structure or system to comply with all
the requirements of the technical codes or these regulations, provided the addition
conforms to that required for a new structure. Additions shall not be made to an existing
structure which will cause the existing structure to be in violation of any of the provisions
of the technical codes or these regulations, nor shall such addition cause the existing
structure to become unsafe. An unsafe condition shall be deemed to have been created if
an addition will cause the existing structure to become unsafe, unhealthy or overloaded;
will not provide adequate egress in compliance with the provisions of the technical codes
or these regulations or will obstruct existing exits; will create a fire hazard; will reduce
required fire resistance or will otherwise create conditions dangerous to human life. Any
building plus new additions shall not exceed the height, number of stories and area
specified for new buildings. Additions shall not be made to an existing structure when
such existing structure is not in full compliance with the provisions of the technical codes
or these regulations except when such addition will result in the existing structure being no
more hazardous to life, health or safety than before such additions are undertaken.
Alterations or repairs to an existing structure which are nonstructural and do not adversely
affect any structural member or any part of the structure having required fire resistance
may be made with the same materials of which the structure is constructed. The installation
or replacement of glass shall be as required for new installations. Minor additions to
existing electrical or mechanical systems or equipment may be made in accordance with
the law in effect at the time the original installation was made, when approved by the
Building Official.
8.3 Changes in Use or Occupancy. Electrical, mechanical and plumbing
systems, equipment or fixtures which are part of a building or structure undergoing a
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change in use or occupancy, as defined in the Building Code, shall comply with all the
requirements of the technical codes or these regulations which may be applicable to new
use or occupancy. Any addition, alteration or repair to a building or structure which
involves a change in use or occupancy shall not exceed the height, number of stories and
area permitted for a new building.
8.4 Maintenance. All buildings, structures, electrical, mechanical and
plumbing systems, equipment and fixtures, 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 the technical codes or these regulations shall be maintained in conformance
with the code edition under which installed. The owner or his or her designated agent shall
be responsible for the maintenance of buildings, structures, electrical, mechanical and
plumbing systems, equipment and fixtures. To determine compliance with this subsection,
the Building Official may cause a structure, system, equipment or fixture to be reinspected.
9. Moved and Temporary Buildings. Buildings and structures, moved into or within
the jurisdiction of the City and electrical, mechanical and plumbing systems, equipment and
fixtures which are part of such buildings and structures, shall comply with the provisions of the
technical codes and these regulations for new buildings, structure, and electrical, mechanical, and
plumbing systems, equipment and fixtures. Nothing in this subsection shall be construed to mean
that all heating, plumbing and electrical systems shall be replaced with systems meeting current
standards for new construction, except that any life-threatening deficiencies in those systems shall
be repaired.
10. Temporary Structures. Temporary structures such as reviewing stands and other
miscellaneous structures, shed, canopies or fences used for the protection of the public around and
in conjunction with construction work may be erected by special permit from the Building Official
for a limited period of time. Such buildings or structures need not comply with the type of
construction or fire -resistive time periods required by the technical codes or these regulations.
Temporary buildings or structures shall be completely removed upon the expiration of the time
limit stated in the permit.
11. Historic Buildings. Repairs, alterations, and additions necessary for the
preservation, restoration, rehabilitation or continued use of a building or structure, or electrical,
mechanical or plumbing system, equipment or fixtures located within that building or structure,
may be made without conformance to all the requirements of the technical code or these
regulations when authorized by the Building Official, provided:
11.1 The building or structure has been designated by official action of the legally
constituted authority of this jurisdiction as having special historical or architectural
significance.
11.2 Any unsafe conditions as described in these regulations or the technical codes
are corrected.
11.3 The restored building or structure will be no more hazardous based on life,
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health, safety and sanitation than the existing building.
11.4 The Building Official seeks the advice of the State of Oregon historic
preservation officer.
In case of appeals related to historic buildings, the local appeals board or the appropriate
state appeals board shall seek the advice of the state historic preservation officer.
12. Modifications. Wherever there are practical difficulties involved in carrying out
the provisions of the technical codes, the Building Official may grant modifications for individual
cases, provided he/she shall first find that a special individual reason makes the strict letter of the
code impractical and that the modification is in conformity with the intent and purpose of the
administrative code and the technical code and that such modification does not lessen any safety,
health or fire protection requirements or any degree of structural integrity. The Building Official's
written determination may be appealed to the Construction Code Board of Appeals.
13. Liabili . Neither these regulations, the administrative code nor any of the
technical codes relieve or lessen the responsibility of any person owning, operating, constructing
or controlling any building, structure or premises for any damages to persons or property caused
by defects. Nor shall the City or any of its agencies, officers, employees or agents be held as
assuming any such liability by reason of the inspections authorized by, or any permits issued under
these regulations, the administrative code or the technical codes.
R-8.005-13 PERMITS AND INSPECTIONS.
1. When Permits Required.
1.1 General. Except as provided in subsection 1.2 of this section, no building,
structure or building service equipment regulated by any provision of Chapter 8 of the
Eugene Code, 1971 or the codes adopted thereunder shall be erected, constructed, enlarged,
altered, repaired, moved, improved, removed, converted or demolished unless a separate,
appropriate permit for each building, structure or building service equipment has first been
obtained from the Building Official. Such permit shall be in addition to any other permit
specifically required elsewhere by the Eugene Code, 1971. Fire safety and hazardous
materials permits shall be governed by the Eugene Fire Code Administrative Rule R-
8.01 OFC.
1.2 Exceptions. A permit shall not be required for the types of work in each of
the separate classes of permit as listed below. Exemption from the permit requirements of
the administrative code or these regulations shall not be deemed to grant authorization for
any work to be done in violation of the provisions of these regulations, the administrative
or technical codes, or any other provision of the Eugene Code, 1971 or any other laws or
ordinances.
1.2.1. A building permit shall not be required for the following:
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1.2.1.1. Agricultural buildings, however, a building location permit
is required. (See Structural Code Appendix Chapter 11.)
1.2.1.2. Fences six feet high or less, unless required by provisions
of Chapter 9 of the Eugene Code, 1971.
1.2.1.3. Oil derricks.
1.2.1.4. Movable cases, counters and partitions not over 5 feet 9
inches high.
1.2.1.5. Retaining walls which are not over 4 feet in height
measured from the bottom of the footing to the top of the wall, unless
supporting a surcharge or impounding Class I, II or III -A liquids.
1.2.1.6. Water tanks supported directly upon grade if the capacity
does not exceed 5000 gallons and the ratio of height to diameter or width
does not exceed two to one.
1.2.1.7. Platforms, walks and driveways not more than 30 inches
above grade and not over any basement or story below.
1.2.1.8. Painting, papering and similar finish work.
1.2.1.9. Temporary motion picture, television and theater stage sets
and scenery.
Unless otherwise exempted, separate plumbing, electrical and mechanical
permits will be required for the above exempted items.
1.2.2. One and Two -Family Residences and Accessory Structures. It
is not the purpose of these regulations or the administrative code to require that
permits be obtained or fees be paid for repairs and maintenance which do not violate
the intent of 'these regulations or the administrative code, or the technical codes,
when such repairs and maintenance are done on a one and two-family residence, or
a private garage, carport or storage shed that is accessory to a one and two-family
residence.
Items, designated as follows, in or appurtenant to single-family residences
and which do not encroach over subsurface disposal systems or into required yards
are exempt from permits and fees in the technical codes or these regulations:
retrofitted insulation meeting the requirements of Sections R-216.1, R-217, 5302
and 5303(a) of the One- and Two- Family Dwelling Code, adopted pursuant to
Section 8.010 of the Eugene, Code, 1971 and which is blown or injected into closed
wall cavities of existing residences; concrete slabs; driveways; sidewalks; masonry
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repair; porches and decks, where the floor or deck is not more than 30 inches above
grade and where the edge of the porch, deck or floor does not come closer than
three feet to property lines; patio covers, not over 120 square feet in area; painting,
interior wall, floor or ceiling covering; nonbearing partitions; shelving; cabinet
work; gutters and downspouts which do not impact general site drainage; small
accessory buildings not over 120 square feet or a height of 10 feet measured to the
highest point; door and window replacements (where no structural member is
changed); replacement or repair of siding not required to be fire resistant; reroofing,
except in Wildfire Hazard Zones as provided in the one and two family dwelling
code section R-221 or replacement or repair of roofing the weight of which does
not exceed 30 percent of the required live load design capacity and is not required
to be fire resistant; and plastic glazed storm windows.
1.2.3. Plumbing Permit. A plumbing permit shall not be required for the
following:
1.2.3.1. The stopping of leaks in drains, soil, waste or vent pipe,
provided, however, that should any concealed trap, drainpipe, soil, waste or
vent pipe become defective and it becomes necessary to remove and replace
the same with new material, the same shall be considered as new work and
a permit shall be procured and inspection made as provided in these
regulations or the administrative or technical code;
1.2.3.2. The clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures, not for the removal and reinstallation of water closets,
provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
1.2.3.3. The installation or replacement of plumbing fixtures
specifically addressed in state statutes.
1.2.4. Electrical Permit. An electrical permit shall not be required for the
following:
1.2.4.1. To replace light bulbs, fluorescent tubes, or approved fuses,
or to connect approved portable electrical equipment to permanently
installed and properly wired receptacles;
1.2.4.2. For experimental electrical work or testing of electrical
products in testing laboratories of electric shops, educational institutions,
industrial plants, or recognized testing laboratories.
1.2.5. Mechanical Permit. A mechanical permit shall not be required for
the following:
1.2.5.1. Any portable heating appliance, portable ventilating
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equipment, portable cooling unit, portable evaporative cooler;
1.2.5.2. Any closed system of steam, hot or chilled water piping
within any heating or cooling equipment regulated by the mechanical code;
1.2.5.3. Replacement of any component part of assembly of an
appliance which does not alter its original approval and complies with other
applicable requirements of the technical codes;
1.2.5.4. Any refrigerating equipment which is part of the equipment
for which a permit has been issued pursuant to the requirements of the
technical codes;
1.2.5.5. Any unit refrigerating system as defined in the mechanical
code.
2. Applications for Permit.
2.1 Application. To obtain a permit, the applicant shall file an application on
a form furnished by the Building Official for that purpose. Every such application shall:
2.1.1. Identify and describe the work to be covered by the permit for which
application is made;
2.1.2. Describe the land on which the proposed work is to be done by legal
description, street address or similar description that will readily identify and
definitely locate the proposed building or work;
2.1.3. Indicate the use of or occupancy for which the proposed work is
intended;
2.1.4. Be accompanied by plans, diagrams, computations and
specifications and other data as required in subsections 2.2 and 2.4 of this section;
2.1.5. State the valuation of any new building or structure or any addition,
remodeling or alteration to an existing building;
2.1.6. Be signed by the permittee, or his/her authorized agent;
2.1.7. Give such other data and information as may be required by the
Building Official.
2.2 Plans and Specifications. Construction documents for commercial or
multi -family buildings that include more than ten drawings must be submitted in Portable
Document Format (pdf). All other plans, engineering calculations, diagrams and other data
must be submitted in either Portable Document Format (pdf) or drawn upon substantial
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paper. The Building Official shall require plans, computations and specifications to be
prepared and designed by an engineer or architect licensed by the state to practice as such.
Exceptions:
2.2.1. The Building Official may waive the submission of plans,
calculations or other data if he/she finds that the nature of the work applied for is
such that reviewing of plans is not necessary to obtain compliance with these
regulations, the administrative code or applicable technical code.
2.2.2. Plans and specifications prepared and designed by an engineer or
architect licensed by the state to practice as such are not required for the following
work, provided the Building Official determines that the work is not of a highly
technical nature or there is no unreasonable potential risk to life and/or safety of the
structure.
2.2.2.1 The erection, enlargement or alteration of any building, or
any appurtenance thereto, where the resulting building has a ground area of
4,000 square feet or less and is not more than 20 feet in height from the top
surface of the lowest floor to the highest interior overhead finish (ORS
671.030).
2.2.2.2. A single-family dwelling or farm building.
2.2.2.3. Alterations or repairs that do not involve the structural parts
of the building.
2.3 Construction Inspection. The engineer or architect in responsible charge
of the structural design work shall include in the construction documents special
inspections required by Subsection R -8.005-B-7 of these regulations, and other structural
inspections required by the engineer or architect in responsible charge of the structural
design work.
2.4 Information on Plans and Specifications. Plans and specifications shall
be of sufficient clarity to indicate the location, nature and extent of the work proposed and
show in detail that it will conform to the provisions of the technical codes and all relevant
laws, ordinances, rules and regulations. The first sheet of each set of plans shall state the
building and street address of the work and the names and addresses of the owner of the
land or building where the work is to be done and of the person who prepared the plans.
Computations, stress diagrams, and other data sufficient to show the correctness of the
plans shall be submitted when required by the Building Official.
2.4.1. Structural Plans. Every person making application for work
involving a structural permit shall file with the Building Official proper zoning
information and structural plans and. calculations as may be necessary to determine
whether the proposed work, including, but not limited to, additions, general
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alterations, and change of use group classifications conforms to land use regulations
and the structural specialty code. The plans and specifications must be complete
and shall show, among other details, the following:
2.4.1.1. Scaled plot plan showing the location of all new
construction and all existing structures on the site, including parking areas
and drives, dimensions of lot and buildings, and distance from lot lines,
drawn in accordance with an accurate boundary line survey.
2.4.1.2. Scaled floor plans showing the structure's layout (rooms),
room dimensions, and areas labeled as to intended use, location, and sizes
of doors and windows.
2.4.1.3. Structural plans showing framing and other support and
load -carrying structural features, including foundation plan, floor and
ceiling roof system construction with adequate dimensions and labeling of
materials to permit a determination of code compliance and structural
safety.
2.4.1.4. Plans for buildings of more than two stories in height of
other than Group R, Division 3 (one- and two-family dwellings) and M
occupancies (accessory buildings thereto) shall indicate how required
structural and fire -resistive integrity will be maintained where a penetration
will be made for electrical, mechanical, plumbing, communication conduits,
pipes and similar systems.
2.4.2. Electrical Plans. A person making application for an electrical
permit on any structure, other than Group R, Division 3 (one- and two-family
dwellings) and M occupancies (accessory buildings thereto), shall file with the
Building Official proper electrical plans, specifications, calculations, and schedules
as may be necessary to determine whether the installation as described will conform
to the requirements of the electrical code. The plans and specifications submitted
must be complete and shall show, among other details, the following:
2.4.2.1. A layout for each floor with dimensions of all rooms and
working space, including a legend of all symbols used.
2.4.2.2. Size of wire and conduit for main services and approximate
location in the buildings of its electrical service, equipment, and heating.
2.4.2.3. Main service layout, size, number of main switches, and
similar information.
2.4.2.4. Location of distribution panels and size of branch circuits
and conduit -feeding distribution cabinets.
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2.4.2.5. Circuits feeding from distribution panels (feeders), size of
wire for each feeder circuit, size and number of wires in each conduit, and
the load of each circuit.
2.4.2.6. Location of fixed electrical equipment loads, with wattage
or horsepower.
2.4.2.7. Location of individual controls, switches, and similar
information.
2.4.3. Plumbing Plans. Every person making application for a plumbing
permit on any structure, other than Group R, Division 3 (one- and two-family
dwellings) and M occupancies (accessory buildings thereto), shall file with the
Building Official proper plumbing, water, sewage plans and schedules as may be
necessary to determine whether the installation as described will conform to the
requirements of the plumbing code. When located outside a manufactured dwelling
park, proof shall be provided that provision for rainwater drainage is in accordance
with the state one- and two-family dwelling specialty code. The plans submitted
must be complete and shall show, among other details, the following:
2.4.3.1. Layout for each floor with dimensions showing all
rooms and work areas, including a legend of all symbols used.
2.4.3.2. Location of all plumbing fixtures within the structure
including hose bibs and backflow devices.
2.4.3.3. Location and size of all waste and vent piping.
2.4.3.4. On a plot plan, location and size of sanitary sewer
service or private sewage disposal.
2.4.3.5. On a plot plan, location and size of water service or
drinking water wells.
2.4.3.6. On a plot plan, direction of storm drainage, including
location of storm sewers and dry wells.
2.4.4. Mechanical Plans. Every person making application for a
mechanical permit on any structure, other than Group R, Division 3 (one- and
two-family dwellings) and M occupancies (accessory buildings thereto), shall file
with the Building Official proper heating and mechanical plans and schedules as
may be necessary to determine whether the installation as described will conform
to the requirements of the mechanical code and gas piping regulations of the fire
code. The plans submitted must be complete and shall show, among other details,
the following:
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2.4.4.1. A layout for each floor with dimensions of all rooms
and working spaces, including a legend of all symbols used.
2.4.4.2. Location, size, and materials of all air ducts, air
inlets, and air outlets.
2.4.4.3. Location of all fireplaces, solid -fuel stoves and
appliances, fans, warm -air furnaces, boilers, absorption units, refrigerant
compressors, condensers, and the weight of all equipment weighing more
than 200 pounds.
2.4.4.4. Location, size, and material of all products of
combustion, vents, flues, and chimneys.
2.4.4.5. Location, size, and materials of all liquid fuel and gas
piping, including gas piping regulated by the fire code, except sanitary
waste and vent piping and potable water distribution piping regulated by the
plumbing code.
2.4.4.6. Location and area (size) of all ventilation and
combustion air openings and ducts.
2.4.4.7. Location of all air dampers and fire shutters.
2.4.4.8. Rated capacity or horsepower of all warm -air
furnaces, heat exchangers, blower fans, boilers, refrigerant compressors,
and absorption units.
3. Alternate Materials and Methods. The provisions of the technical codes are not
intended to prevent the use of any material or method of construction not specifically prescribed
by the technical codes, provided any alternate has been approved and its use authorized by the
Building Official, or the Fire Marshal, or both, where materials or methods involve matters within
the regulatory authority of both. Alternate materials and methods may be approved provided the
proper official(s) finds that the proposed design is satisfactory and complies with the provisions
of the technical codes and these regulations and that the material, method or work offered is, for
the purpose intended, at least the equivalent of that prescribed in the technical codes in suitability,
strength, effectiveness, fire resistance, durability, safety and sanitation. Sufficient evidence of
proof shall be submitted to substantiate any claims made regarding the use of alternates.
4. Determination and Issuance of Permits
4.1 Issuance. The applications, plans, specifications, computations and other
data, filed by an applicant for a permit shall be reviewed by the Building Official. If the
Building Official finds that the work described in an application for a permit and the plans,
specifications and other data . filed therewith conform to the requirements of these
regulations, the administrative code and the technical codes and other pertinent laws and
Administrative Order - Page 16 of 40
ordinances, and that the required fees have been paid, the Building Official shall issue a
permit therefore to the applicant. Such approved plans and specifications shall not be
changed, modified or altered without authorization from the Building Official, and all work
shall be done in accordance with the approved plans.
4.2 Partial Permit Issuance. The Building Official may issue a permit for the
construction of part of a building, structure or building service equipment before the entire
plans and specifications of the whole building, structure or building service equipment have
been submitted or approved, provided adequate information and detailed statements have
been filed complying with all pertinent requirements of the technical codes. The holder of
such permit shall proceed at his/her own risk without assurance that the permit for the entire
building, structure or building service will be granted.
4.3 Retention of Plans. One set of approved plans and computations shall be
retained by the Building Official for a period of not less than 90 days from the date of
completion of the work covered therein; and one set of approved plans shall be returned to
the applicant to be kept on the site of the building or work at all times during which the
work authorized thereby is in progress.
4.4 Validity of Permit. The issuance 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 these regulations, the administrative code or
the technical codes or rules adopted by the City, or of any other ordinance of the City of
Eugene. Permits presuming to give authority to violate or cancel such provisions shall not
be valid. The issuance of a permit based upon 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 such provisions.
4.5 A permit authorizing work under the plumbing technical code is not
transferable and shall not permit any other person or firm to perform any plumbing work
thereunder.
4.6 Expiration.
4.6.1. Applications for which no permit is issued within 3 60 days following
the date of application shall expire by limitation, and plans and other data submitted
for review may thereafter be returned to the applicant or destroyed by the City. The
Building Official may extend the time for action by the applicant for a period not
exceeding 180 days upon request by the applicant. 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.
4.6.2. Unless the holder of a permit requests in writing, and is granted an
extension, permits, .other than electrical permits, issued by the Building Official
under the provisions of the technical codes shall automatically expire by limitation
Administrative Order - Page 17 of 40
and become null and void, if the building or work authorized by such permit is not
commenced within 360 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 360 days, or if the owner or builder fails to call for an
inspection pursuant to R -8.005-B-7 every 360 days. Before such work can be
recommenced, a new permit shall be first obtained to do so, and the fee therefor
shall be one half the amount required for a new permit for such work, provided no
changes have been made or will be made in the original plans and specifications for
such work. However, if the suspension or abandonment has exceeded one year, the
permittee shall pay a new full permit fee in order to renew action on a permit.
Expiration of electrical permits is governed in accordance with OAR 918-309-
0000(7).
4.6.3. Any permittee holding an unexpired permit may apply for an
extension of the time within which he/she may commence work under that permit
when he/she is unable to commence 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 upon written request
by the permittee. No permit shall be extended more than once.
4.6.4. Expired permit safety certification.
4.6.4.1. The owner of property for which a construction permit has
been issued and the permit has expired prior to passing all required
inspections shall, within 30 days after the expiration of the permit, renew
the permit, or, submit to the city either a written statement that no work was
performed under the permit, or, if any work was performed, a written
statement from a qualified professional describing the work performed and
certifying that the work performed under the permit does not create an
unsafe situation. This certification does not authorize occupancy, nor is it
a substitute for the approval of the building official as required by this rule
or the Eugene Code, 1971.
4.6.4.2 Failure to submit a statement or certification within 30 days
from the date of expiration of the permit constitutes a violation of this rule
and a civil penalty therefore may be imposed against the property owner.
4.6.4.3 For purposes of this subparagraph, a qualified professional
includes a currently licensed architect, a currently licensed civil engineer, a
currently licensed journeyman electrician if electrical work is included, and
a currently licensed journeyman plumber if plumbing work is involved.
Other qualified professionals not listed herein may be substituted upon the
written approval of the city building official.
4.7 Suspension or Revocation. The Building Official may suspend or revoke
a permit issued under the provisions of these regulations, the administrative code and the
Administrative Order - Page 18 of 40
technical codes whenever the permit is issued in error or on the basis of incorrect
information supplied, or in violation of any ordinance or regulation or any of the provisions
of these codes.
5. Fees.
5.1 General. Fees for permits, plan review, investigations, inspections,
reinspections and appeals authorized by these regulations, the administrative code and the
technical codes shall be set pursuant to administrative orders issued under authority of
Section 2.020 of the Eugene Code, 1971.
5.2 Fee Refunds. The Building Official may authorize the refunding of any fee
paid hereunder which was erroneously paid or collected. Also, the Building Official may
authorize the refunding of not more than 80 percent of the permit fee paid when no work
has been done under a permit issued in accordance with these regulations and the
administrative code, and not more than 80 percent of the plan review fee paid when an
application for a permit for which a plan review fee has been paid is withdrawn or canceled
before any plan reviewing is done. No such refund may be authorized except upon written
application made by the original permittee not more than 180 days after the date of fee
payment.
6. Inspections.
6.1 General.
6.1.1. All construction or work for which a permit is required shall be
subject to inspection by the Building Official and all such construction or work
shall remain accessible and exposed for inspection purposes until approved by the
Building Official. In addition, certain types of construction shall have continuous
inspection as specified in Subsection R -8.005-B-7 on special inspections. Existing
buildings shall be subject to those inspections specified in paragraphs 6.8 and 6.9
below.
6.1.2. Approval as a result of an inspection shall not be construed to be an
approval of a violation of the provisions of these regulations, the administrative or
technical codes, or of other ordinances of the City. Inspections presuming to give
authority to violate or cancel the provisions of these regulations, the administrative
code or other ordinances shall not be valid.
6.1.3. It shall be the duty of the permit applicant to cause the work to remain
accessible and exposed for inspection purposes. Neither the Building Official, nor
the City shall be liable for expense entailed in the removal or replacement of any
material required to allow inspection.
6.1.4. A survey of the lot may .be required by the Building Official to verify
that the structure is located in accordance with the approved plans.
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6.2 Approved Plans. Work requiring a permit shall not be commenced until
the permit holder or his/her agent shall have made available the approved building permit
plans such as to allow the Building Official to make the required entries thereon regarding
inspection of the work. These plans shall be maintained available by the permit holder
until final approval has been granted by the Building Official.
6.3 Inspection Requests. It shall be the duty of the person doing the work
authorized by a permit to notify the Building Official that such work is ready for inspection.
The Building Official may require that every request for inspection be filed at least one
working day before such inspection is desired. Such request may be in writing or by
telephone at the option of the Building Official. It shall be the duty of the person requesting
any inspections required either by these regulations or the administrative or technical codes
to provide access to and means for inspection of such work. It shall be the duty of the
person doing the work authorized by the permit to make sure that the work will pass any
test prescribed by the technical codes or these regulations, before giving the above
notification.
6.4 Approval Required.
6.4.1. General. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the Building Official.
Reinforcing steel or structural framework of any part of any building or structure
shall not be covered or concealed without first obtaining the approval of the
Building Official. The Building Official, upon notification, shall make the
requested inspections and shall either indicate that portion of the construction is
satisfactory as completed or shall notify the permit holder or his/her agent wherein
the same fails to comply with the technical code. Any portions which do not
comply shall be corrected and such portion shall not be covered or concealed until
authorized by the Building Official. There shall be a final inspection and approval
of all buildings and structures when completed and ready for occupancy and use.
6.4.2. Prefabricated Construction. A certificate of approval by an
approved agency shall be furnished with every prefabricated assembly, except
where all elements of the assembly are readily accessible to inspection at the site.
Placement of prefabricated assemblies at the building site shall be inspected by the
Building Official to determine compliance with the applicable codes, and a final
inspection shall be provided in accordance with this section.
6.5 Required Building Inspections. The Building Official, upon notification,
shall make the following inspections and shall either approve that portion of the
construction as completed or shall notify the permit holder or his/her agent wherein the
same fails to comply.
6.5.1. Foundation Inspection. To be made after excavations for footings
are complete and any required reinforcing steel is in place. For concrete
Administrative Order - Page 20 of 40
foundations, any required forms shall be in place prior to inspection. All materials
for the foundation shall be on the job, except where concrete is ready -mixed in
accordance with U.B.C. Standard No. 26-13, the concrete need not be on the job.
Where the foundation is to be constructed of approved treated wood, additional
inspections may be required by the Building Official.
6.5.2. Concrete Slab or Under -floor Inspection. To be made after all in -
slab or under -floor building service equipment, conduit, piping accessories and
other ancillary equipment items are in place but before any concrete is placed or
floor sheathing installed, including the subfloor.
6.5.3. Frame Inspection. To be made after the roof, all framing, fire
blocking and bracing are in place and all pipes, fireplaces, chimneys and vents are
complete and the rough electrical, plumbing, and heating wires, pipes, and ducts
are approved.
6.5.4. Insulation and Vapor Barrier Inspection. To be made after all
insulation and required vapor barriers are in place but before any lath or gypsum
board interior wall covering is applied. Except, however, ceiling and floor
insulation which shall be visible during the final inspection. The Building Official
may allow the frame insulation and vapor barrier inspections to be performed
simultaneously.
6.5.5. Lath and/or Wallboard Inspection. To be made after all lathing
and wallboard, interior and exterior, is in place but before any plastering is applied
or before wallboard joints and fasteners are taped and finished.
6.5.6. Plumbing Inspections. To be made under the following conditions:
6.5.6.1. New Construction or Remodeling:
6.5.6.1.1. An under -floor rough -in inspection prior to
placement of any concrete, cover or backfill, or prior to placement
of subflooring if frame construction.
6.5.6.1.2. A cover inspection when all above the floor
rough -in plumbing is in place prior to being covered and prior to
frame inspection.
6.5.6.1.3. A final inspection prior to the building or
remodeled area being occupied.
6.5.6.2 Replacement of Fixtures. (Not covered under new
construction or remodeling). A final inspection of the plumbing fixtures for
proper installation.
Administrative Order - Page 21 of 40
6.5.7. Electrical Inspections. All electrical systems and equipment for
which a permit is required shall be subject to inspection by the Building Official.
No portion of any electrical system intended to be concealed shall be concealed
until inspected and approved. Neither the Building Official nor the City shall be
liable for expense entailed in the removal or replacement of any material required
to allow inspection. When the installation of an electrical system and equipment is
complete, an additional and final electrical inspection shall be made. Electrical
systems and equipment regulated by the Electrical Code shall not be connected to
the energy source until authorized by the Building Official.
The requirements of this section shall not be construed to prohibit the
operation of any electrical system or equipment installed to replace existing
equipment. The request for inspection of such equipment must have been filed with
the Building Official not more than 48 hours after such replacement work is
completed and before any portion of such electrical system is concealed by any
permanent portion of the building.
6.5.8. Final Inspection. To be made after finish grading and the building
is completed and ready for occupancy.
6.6 Required Building Service Equipment Inspection.
6.6.1. General. All building service equipment for which a permit is
required by these regulations or the administrative code shall be subject to
inspection by the Building Official. No portion of any building service equipment
shall be concealed until inspected and approved. When the installation of any
building service equipment is complete, an additional and final inspection shall be
made. Building service equipment regulated by the technical codes shall not be
connected to the water, fuel or power supply or sewer system until authorized by
the Building Official.
6.6.2. Operation of Building Service Equipment. The requirements of
this section shall not be considered to prohibit the operation of any building service
equipment installed to replace existing building service equipment serving an
occupied portion of the building in the event a request for inspection of such
building service equipment has been filed with the Building Official not more than
48 hours after such replacement work is completed, and before any portion of such
building service equipment is concealed by any permanent portion of the building.
6.7 Other Inspections. In addition to the called inspections specified above,
the Building Official may make or require other inspections of any construction work to
ascertain compliance with the provisions of these regulations or the administrative or
technical codes or other laws which are enforced by the Building Official.
.6.8 Reinspections.
Administrative Order - Page 22 of 40
6.8.1. General. A reinspection fee may be assessed for each inspection or
reinspection when such portion of work for which inspection is called is not
complete or when corrections called for are not made. Reinspection fees also may
be assessed when the permit card is not properly posted on the work site, the
approved plans are not readily available to the inspector, for failure to provide
access on the date for which inspection is requested, or for deviating from plans
requiring the approval of the Building Official.
6.8.2. Obtaining, a Reinspection. To obtain a reinspection, the applicant
shall file an application therefore in writing upon a form furnished for that purpose,
and pay the reinspection fee established pursuant to Section 2.020 of the Eugene
Code, 1971. In instances where reinspection fees have been assessed, no additional
inspection of the work will be performed until the required fees have been paid.
6.9 Inspections of Existing Buildinjzs.
6.9.1. Inspections. In addition to Building Official inspections authorized
elsewhere in these regulations, the Building Official may enter a building or
premises whenever the Building Official has reasonable cause to believe that there
exists in such building or upon such premises any condition or code violation which
makes such building or premises unsafe, dangerous or hazardous. The Building
Official may enter such building or premises at all reasonable times to inspect the
same or to perform any duty imposed upon the Building Official by such codes. If
such building or premises is occupied, the Building Official shall first present
proper credentials and request entry; and if such building or premises be
unoccupied, he/she shall first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and request entry. No
person shall deny a request for, or interfere or prevent any inspection authorized by
this section. Should entry be refused, the Building Official shall have recourse to
every remedy provided by law to secure entry, including obtaining a search warrant.
6.9.2. Findings. If the Building Official finds violations, the Building
Official shall provide written notice of the violations as provided in R -8.005-C-1,
and may take any enforcement action authorized by law.
6.10 Fire Inspections.
6.10.1. Inspections. The Fire Marshal, at all reasonable times, may enter
into all buildings and upon all premises, except private residences, for the purpose
of conducting routine or periodic inspections to ascertain if fire hazards exist
therein or thereon. The Fire Marshal, at all reasonable times, may enter upon and
examine any building or premises where there is probable cause to believe that a
condition of nonconformity with a fire safety standard or order exists. If such
building or premises is occupied, the Fire Marshal shall first present proper
credentials and request entry; and if such building or premises be unoccupied,
he/she shall first make a reasonable effort to locate the owner or other persons
Administrative Order - Page 23 of 40
having charge or control of the building or premises and request entry. No person
shall deny a request for, or interfere or prevent any inspection authorized by this
section. Should entry be refused, the Fire Marshal shall have recourse to every
remedy provided by law to secure entry, including obtaining a search warrant.
6.10.2. Findings. If the Fire Marshal finds violations, the Fire Marshal
shall provide written notice of the violations as provided in section R -8.005-C-1,
and may take any enforcement action authorized by law.
6.10.3. Investigation of Fire. The Fire Marshal shall investigate the cause,
origin and circumstances of each fire occurring within the jurisdiction of the City.
The Fire Marshal's investigation shall begin immediately after the occurrence of
the fire and shall include all inquiries necessary to determine if the fire was the
result of carelessness or design.
6.10.3.1. The Fire Marshal may enter upon and examine any
building or premises wherein fire has occurred, and other buildings or
premises adjoining or near the same.
6.10.3.2. The Fire Marshal shall take or shall have taken the
statements of all persons supposed to be cognizant of any facts or who have
means of knowledge in relation to the cause, origin and circumstances of
any fire then under investigation if, in the opinion of the Fire Marshal, such
statements are necessary to the investigation.
6.10.3.3. The Fire Marshal shall have and may exercise such
additional authority to carry out inspections as provided in state law
including but not limited to ORS 476.070, 476.150, 476.210 and 476.230.
7. Special Inspections.
7.1 General. In addition to the inspections authorized by Subsection R -8.005-
B-6. above, the owner or the engineer or architect of record acting as the owner's agent
shall employ one or more special inspectors who shall provide inspections during
construction on the following types of work:
7.1.1. Concrete: During the taking of test specimens and placing of
reinforced concrete and pneumatically placed concrete.
Exceptions:
7.1.1.1. Concrete for foundations conforming to the minimum
requirements of Table No. 29-A of the Building Code or for Group R,
Division 3 or Group M, Division 1 Occupancies, provided the Building
Official finds that a special hazard does not exist.
Administrative Order - Page 24 of 40
7.1.1.2. For foundation concrete when the structural design is based
on a f no greater than 2500 psi.
7.1.1.3. Nonstructural slabs on grade, including prestressed slabs on
grade when effective prestress in concrete is less than 150 pounds per square
inch.
7.1.1.4. Site work concrete fully supported on earth and concrete
where no special hazard exists.
7.1.2. Bolts Installed in Concrete: During installation of bolts and
placing of concrete around such bolts when stress increases permitted by Footnote
No. 5 of Table No. 26-E or Section 2624(b) of the Building Code are utilized.
7.1.3. Special Moment -Resisting Concrete Frames: As required by
Section 26250) of the Building Code.
7.1.4. Reinforcing Steel and Prestressing Steel Tendons:
7.1.4.1. During all stressing and grouting of prestressed concrete.
7.1.4.2. During placing of reinforcing steel, placing of tendons and
prestressing steel for all concrete required to have special inspection by R-
8.005 -B-7.1.1. above.
Exceptions: The special inspector need not be present continuously
during placing of reinforcing steel and prestressing tendons, provided the
special inspector has inspected for conformance with the approved plans,
prior to the closing of forms or the delivery of concrete to the job site.
7.1.5. Welding:
7.1.5.1. Special Moment -Resisting Steel Frames: As required by
Section 2722(k) of the Building Code.
steel.
7.1.5.2. All structural welding, including welding of reinforcing
Exceptions:
7.1.5.2.1. When welding is done in an approved fabricator's
shop.
7.1.5.2.2. When. approved by the Building Official, single
pass fillet welds when stressed to less than 50 percent of allowable
Administrative Order - Page 25 of 40
stresses and floor and roof deck welding and welded studs when
used for structural diaphragm or composite systems may have
periodic inspections in accordance with R -8.005-B-7.5. of these
regulations. For periodic inspection, the inspector shall check
qualifications of welders at the start of work and then make final
inspection of all welds for compliance prior to completion of
welding.
7.1.6. High -Strength Bolting: As required by U.B.C. Standard No. 27-7.
Exceptions:
7.1.6.1. The special inspector need not be present during the entire
installation and tightening operation, provided he/she has:
7.1.6.1.1. Inspected the surfaces and bolt type for
conformance to plans and specifications prior to start of bolting.
7.1.6.1.2. And will, upon completion of all bolting, verify
the minimum specified bolt tension for 10 percent of the bolts for
each connection with a minimum of two bolts per connection.
7.1.6.2. In bearing -type connections when threads are not required
by design to be excluded from the shear plane, inspection prior to or during
installation will not be required.
7.1.7. Structural Masonry: During preparation of masonry wall prisms,
sampling and placing of all masonry units, placement of reinforcement, inspection
of grout space, immediately prior to closing of cleanouts, and during all grouting
operations.
Exceptions:
7.1.7.1. Special inspection need not be provided when design
stresses have been adjusted to permit noncontinuous inspection.
7.1.7.2. For closed-end hollow -unit masonry where the fm is no
more than 1500 psi for concrete units or 2600 psi for clay units and
cleanouts are provided at the bottom course of every grout pour at each
vertical bar, special inspection for placing of units may be performed on a
periodic basis in accordance with R -8.005-B-7.5.
7.1.7.3. For open-end hollow -unit masonry where cleanouts are
provided at the bottom course of every grout pour at each vertical bar,
special inspection for placing units may be performed on a periodic basis in
accordance with Section R -8.005-B-7.5.
Administrative Order - Page 26 of 40
7.1.8. Reinforced Gypsum Concrete: When cast -in-place Class B
gypsum concrete is being mixed and placed.
7.1.9. Insulating Concrete Fill: During the application of insulating
concrete fill when used as part of a structural system.
Exception: The special inspections may be limited to an initial
inspection to check the deck surface and placement of reinforcing. The
special inspector shall supervise the preparation of compression test
specimens during this initial inspection.
7.1.10. Spray -Applied Fireproofing: As required by U.B.C. Standard 43-
3
7.1.11. Piling, Drilled Piers and Caissons: During driving and testing of
piles and construction of cast -in-place drilled piles or caissons. See R -8.005-B-
7.1.1., 7.1.3., and 7.1.4. for concrete and reinforcing steel inspection.
7.1.12. Shotcrete: During the taking of test specimens and placing of all
shotcrete and as required by Section 262 10) and (k) of the Building Code.
Exception: Shotcrete work fully supported on earth, minor repairs
and when in the opinion of the building official, no special hazard exists.
7.1.13. Special Grading, Excavation and Filling: During earth -work
excavations, grading and filling operations inspection to satisfy requirements of
Chapter 29 and Chapter 70 (Appendix) of the Building Code.
7.1.14. Special Cases: If, in the opinion of the Building Official or Fire
Marshal, certain work involves unusual hazards or conditions or requires technical
expertise which is unavailable within the City, then a technical opinion or report
may be required. In such special cases, the Building Official or Fire Marshal may
require the owner or person in possession or control of the building or premises to
provide, without charge to the City, a technical opinion and report. The opinion
and report shall be prepared by a qualified engineer, specialist, laboratory or fire -
safety specialty organization acceptable to the Building Official or Fire Marshal
and the owner and shall analyze the fire -safety properties of the design, operation
or use of the building or premises and the facilities and appurtenances situated
thereon, to recommend the necessary changes.
7.2 Special Inspector. The special inspector shall be a qualified person who
shall demonstrate competence, to the satisfaction of the Building Official, for inspection of
the particular type of construction or operation requiring special inspection.
7.3 Duties and Responsibilities of the Special Inspector.
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7.3.1. The special inspector shall observe the work assigned for
conformance with the approved design drawings and specifications.
7.3.2. The special inspector shall furnish inspection reports to the Building
Official, the engineer or architect of record, and other designated persons. All
discrepancies shall be brought to the immediate attention of the contractor for
correction, then, if uncorrected, to the proper design authority and to the Building
Official.
7.3.3. The special inspector shall submit a final signed report stating
whether the work requiring special inspection was, to the best of the inspector's
knowledge, in conformance with the approved plans and specifications and the
applicable workmanship provisions of these regulations and applicable codes.
7.4 Waiver of Special Inspection. The Building Official may waive the
requirement for the employment of a special inspector if the construction is of a minor
nature.
7.5 Periodic Special Inspection. Some inspections may be made on a periodic
basis and satisfy the requirements of continuous inspection, provided this periodic
scheduled inspection is performed as outlined in the project plans and specifications and
approved by the Building Official.
7.6 Approved Fabricators. Special inspections required by this section and
elsewhere in these regulations, the administrative code or the technical codes shall not be
required where the work is done on the premises of a fabricator registered and approved
by the Building Official to perform such work without inspection. The certificate of
registration shall be subject to revocation by the Building Official if it is found that any
work done pursuant to the approval is in violation of the codes. The approved fabricator
shall submit a Certificate of Compliance that the work was performed in accordance with
the approved plans and specifications to the building official and to the engineer or
architect of record. The approved fabricator's qualifications shall be contingent on
compliance with the following:
7.6.1. The fabricator has developed and submitted a detailed fabrication
procedural manual reflecting key quality control procedures which will provide a
basis for inspection control of workmanship and the fabrication plant.
7.6.2. Verification of the fabricator's quality control capabilities, plant and
personnel as outlined in the fabrication procedural manual shall be by an approved
inspection or quality control agency.
7.6.3. Periodic plant inspections shall be conducted by an approved
inspection or quality control agency to monitor the. effectiveness of the quality
control program.
Administrative Order - Page 28 of 40
7.6.4. It shall be the responsibility of the inspection or quality control
agency to notify the approving authority in writing of any change to the procedural
manual. Any fabricator approval may be revoked for just cause. Reapproval of the
fabricator shall be contingent on compliance with quality control procedures during
the past year.
7.7 Structural Observation. Structural observation shall be provided in
Seismic Zone No. 3 or 4 when one of the following conditions exist:
7.7.1. The structure is defined in Table No. 23-K of the Building Code as
Occupancy Category I, II, or III, or
7.7.2. The structure is required to comply with Section 1807 of the Building
Code, or
7.7.3. Construction inspection, as defined in Section 302(c), Item 2 of the
Building Code, is required, or
7.7.4. When such observation is specifically required by the Building
Official. The owner shall employ the engineer or architect responsible for the
structural design or another engineer or architect designated by the engineer or
architect responsible for the structural design to perform structural observation as
defined in Section 420 of the Building Code. The engineer or architect shall submit
a statement in writing to the Building Official stating that the site visits have been
made and whether or not any observed deficiencies have been corrected to conform
to the approved plans and specifications, or to revised details approved by the
Building Official.
8. Compliance Testing.
8.1 Whenever there is insufficient evidence of compliance with any of the
provisions of the technical codes or these regulations or evidence that any material or
construction does not conform to the requirements of the technical codes or these
regulations, or in order to substantiate claims for alternate materials or methods, the
Building Official or the Fire Marshal may require tests as proof of compliance to be made
at no expense to this City.
8.2 Test methods shall be as specified by the technical code and these
regulations 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.
8.3 All tests shall be made by an approved agency. Reports of such tests shall
be retained by the Building Official for the period required for the retention of public
records.
Administrative Order - Page 29 of 40
9. Connection to Utilities.
9.1 Energy Connections. Until approved by the Building Official, no person
shall make connections from a source of energy, fuel or power to any equipment which is
regulated by the technical codes (a) for which a permit is required by the administrative
code, (b) which has been disconnected or ordered disconnected by the Building Official,
or (c) the use of which has been ordered discontinued by the Building Official.
9.2 Temporary Connections. The Building Official may authorize the
temporary connection of a building, structure or building service equipment to a source of
energy, fuel or power for the purpose of testing building service equipment, or for use
under a temporary Certificate of Occupancy.
10. Certificate of Occupancy.
10.1 Use or Occupancy. No person in charge of property shall use or occupy,
or shall cause to be used or occupied, any building or structure, and no change in the
existing occupancy classification of a building or structure or portion thereof shall be made
by any person in charge of property, until the Building Official has inspected the building
or structure or portion thereof as part of the final inspection and has issued a certificate of
occupancy therefor as provided herein.
Exception: Group R, Division 3, and M Occupancies.
Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation
of the provisions of these regulations, the administrative or technical codes, or other
ordinances of the City. Certificates presuming to give authority to violate or cancel such
provisions shall not be valid.
10.2 Change in Use. Changes in the character or use of a building shall not be
made except as specified in the Structural Code.
10.3 Certificate Issued. After the Building Official inspects the building or
structure and finds no violations of the provisions of these regulations, the administrative
or technical codes or other laws which are enforced by the Building Official, the Building
Official shall issue a Certificate of Occupancy which shall contain the following:
10.3.1. The building permit number.
10.3.2. The address of the building.
10.3.3. The name and address of the owner.
10.3.4. A description of that portion of the building for which the certificate
is issued.
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10.3.5. A statement that the described portion of the building has been
inspected for compliance with the requirements of these regulations and applicable
technical codes for the group and division of occupancy and the use for which the
proposed occupancy is classified.
10.3.6. The name of the Building Official.
10.4 Temporary Certificate. If the Building Official finds that no substantial
hazard will result from occupancy of any building or portion thereof before the same is
completed, the Building Official may issue a temporary Certificate of Occupancy for the
use of a portion or portions of a building or structure prior to the completion of the entire
building or structure.
10.5 Posting. The Certificate of Occupancy shall be posted in a conspicuous
place on the premises. No person shall remove, deface, or tamper with any notice or order
posted upon a building pursuant to these regulations, unless first authorized by the Building
Official.
10.6 Revocation. The Building Official may, in writing, suspend or revoke a
certificate of occupancy issued under the provisions of these regulations and the
administrative code whenever the certificate is issued in error, or on the basis of incorrect
information supplied, or when it is determined that the building or structure or portion
thereof is in violation of any code, ordinance or regulation.
10.7 Statement Required. No permit shall be issued, the application for which
does not contain, or is not accompanied by, a written statement signed by the applicant
specifying the use or occupancy for which the proposed structure or alteration is designed
or intended to be used.
10.8 Records to be Kept. A record of all statements or certificates shall be kept
on file in the office of the Building Official. A copy of the statement or certificate shall be
issued upon request.
10.9 Transfer of Ownership.
10.9.1. Outstandine Code Violations. No owner of a building or premises
or person in charge of property, upon whom any permit, notice, or order pursuant
to these regulations has been given in connection with the property shall sell,
transfer, or grant such property to another until compliance with the provisions of
the permit, notice, or order has been secured; or until the owner or person in charge
of property shall have furnished to the purchaser, transferee, or grantee, prior to
such sale, transfer, or grant, a true copy of the permit, notice, or order, and at the
same time have given adequate notice to the Building Official of his/her intent to
sell, transfer, or grant, and supplied the Building Official with the name and address
of the person to whom the sale, transfer, or grant is proposed. A purchaser,
Administrative Order - Page 31 of 40
transferee, or grantee who has been informed of the existence of such a permit,
notice, or order shall be bound thereby and shall secure a certificate of occupancy.
10.9.2. Transfer of Certificate of Occupancy. The owner of every new
building, structure, or new use established in an existing building pursuant to a
change of occupancy inspection and review or structural permit, and for which a
certificate of occupancy is required, shall not sell, transfer, or grant such property
to another without furnishing and thereby transferring the certificate of occupancy
to the purchaser, transferee, or grantee.
11. Demolition Permits.
11.1 Issuance of Permit. No building permit for demolition or work involving
demolition of a building shall be issued until the owner or applicant has filed with the
permit application a plan indicating the length of time to complete the demolition, whether
there will be salvage of material, the manner in which the site will be secured against
accessibility by children and other unauthorized persons, and how compliance with
Chapter 33 (Safeguards During Construction or Demolition) of the Oregon Structural
Specialty Code and this section will be achieved, and has otherwise complied with
applicable state and local laws.
.11.2 Requirements under the Permit. In addition to complying with the
requirements of Chapter 33 of the Oregon Structural Specialty Code and this
Administrative Rule:
11.2.1. No demolition may be commenced unless written notice has been
provided to the properties that are immediately adjacent to or across the street from
the property to be demolished at least 48 hours prior to the demolition work;
11.2.2. No demolition of the exterior of a structure may take place, and no
demolition debris may be moved, when winds exceed 25 m.p.h.; and
11.2.3. No demolition may occur by implosion or other explosive means
except when a special demolition permit has been issued that expressly authorizes
use of implosion or other explosive means and establishes specific conditions that
address health, safety and livability concerns.
12. Completion. The building demolition for which a permit is issued shall be
completed within 60 days of the date of the permit. An extension of time may be granted by the
Building Official, provided the demolition is progressing satisfactorily.
13. Movine Structures Procedure.
13.1 Inspection. Upon payment of an inspection fee, the Building Official shall
inspect the house, building, or other structure, and advise the applicant whether or not the
same can be moved in accordance with this section. No moving permit shall be issued
Administrative Order - Page 32 of 40
until the building or structure has been so inspected.
13.2 Bond. The applicant shall, upon filing the application, pay to the City the
moving permit fee in the amount established pursuant to Section 2.020 of the Eugene Code,
1971, and the Building Official may require a sufficient bond or cash deposit to be paid at
the time of permit issuance, in an amount determined reasonably necessary by the Building
Official to assure compliance with these regulations, the administrative code, and other
laws and ordinances; the Building Official may collect from such bond the amount
necessary to assure such compliance. The applicant shall certify that he/she will place the
building or structure, after moving the same, so as to meet the following requirements:
13.2.1. The foundation, utility connections, additions, and alterations to a
moved structure shall comply with all the applicable codes and ordinances of the
City relating to new construction. The moved structure shall be in substantial
compliance with the technical codes, as defined by ORS 455.410.
13.2.2. The site improvements, including the plans filed in accordance with
subparagraph 13.4 below, shall be installed.
13.2.3. The preceding requirements shall be completed within 180 days
from the date of issuance of the moving permit.
13.3 Insurance. An applicant for a permit to move a structure shall file with the
Building Official a certificate of liability insurance with a combined single policy limit of
$500,000.00, with a written 30 -day notice of cancellation to the City, unless waived by the
City in writing. The insurance shall protect the permittee and the City from all claims for
damage to property or for bodily injury, including death, that may arise from operations
under or in connection with the permitted activity; and be without prejudice to other
existing coverage.
13.4 Plan filed. Plans and specifications must be filed with the Building Official
as part of a building permit application before a moving permit will be issued. Plans filed
shall show the following:
13.4.1. Reconstruction or alterations necessary to comply with City law
and the Building Official's report specified in Subparagraph 13.5 below.
13.4.2. A plot plan of the site showing the proposed location of all buildings
and improvements, including driveways, sidewalks, parking areas, and
landscaping.
13.4.3. The additions, alterations, foundations, and other improvements to
be constructed or installed at the new site.
13.5 Issuance or Denial of Permits. The Building Official shall investigate and
examine the building proposed to be moved, the streets and public and private property
Administrative Order - Page 33 of 40
over, along, or across which the building is proposed to be moved, and the new location of
the building (if inside the city limits), for the purpose of determining if the building may
be moved with safety and made to comply with all the requirements of the Eugene Code,
1971, codes and regulations adopted or issued thereunder, and to determine whether any
streets or public or private property will be injured or damaged by the proposed move. If
the building and the proposed move meet all the terms, conditions, and restrictions as set
forth in Chapter 8 of the Eugene Code, 1971, codes adopted thereunder, and these
regulations, and in the opinion of the Building Official, the moving of the building will do
no damage to any streets or public or private property along the route of the proposed
building move, then the Building Official shall issue the permit. The Building Official
shall refuse to issue a permit if he/she finds:
13.5.1. That the building is too large to move without endangering persons
or property in the city, or would damage property as set forth above.
13.5.2. That the building is in such a state of deterioration or disrepair, or
is otherwise so structurally unsafe, that it cannot be moved without endangering
persons or property.
13.5.3. That the building is structurally unsafe or unfit for the purpose for
which moved, if the new location is in the city.
13.5.4. That the applicant's equipment is unsafe and that persons and
property may be endangered by its use.
13.5.5. That zoning or other ordinances would be violated by the building
in its new location.
13.5.6. That for any other reason persons or property would be endangered
by moving of the building.
13.6 Use of Dollies. A person engaged in the business of moving buildings shall
use only dollies with rubber -tired wheels. The weight of the building shall be supported
on the dollies so that the wheel load will not exceed the pavement design as established by
the city engineer, or properly designed planking shall be used so as not to overload or
damage pavement or underground utilities within the public streets. Planking shall be
required over all sidewalks and curbs over which a building is moved.
13.7 Trees. Any person moving any building or other structure shall move the
same without damage to trees in the street or in front of any property. It shall be the duty
of any building mover before moving any building to obtain the consent of the City.
13.8 Buildings on Streets. No person moving a building or structure shall leave
the same standing on the streets. He/she must keep the same moving with due diligence,
and a failure to do so for a period .in excess of 24 hours, Sundays and legal holidays
excepted, shall be deemed a nuisance. The Building Official is hereby authorized to
Administrative Order - Page 34 of 40
dismantle and remove from the street a building left standing in excess of 24 hours. In
order to carry out the provisions of this section, the Building Official is authorized to
employ such assistance as may be necessary for the removal of such building or structure
without unreasonable delay. The cost and expense of dismantling and removing a building
or structure shall be a charge against the person owning the structure. The Building Official
shall hold the lumber and other materials of which the building was composed and shall
have a lien thereon in the amount of the expense and cost of dismantling and removing the
same.
13.9 Removal of Litter. A person moving a building or structure shall remove
all litter, rubbish, or material caused by the moving within a period of two days after the
building has been moved.
14. Numbering of Structures and Premises. All numbering of structures and
premises shall be done after assignment of a number by the Building Official or under his or her
direction according to the following system:
14.1 The numbering of dwellings and business buildings shall be done by
providing 100 numbers in each block. On streets running east and west, the odd numbers
shall be on the north side of the street, and the even numbers on the south side of the street.
On streets running north and south, the odd numbers shall be on the east side of the street,
and the even numbers on the west side of the street.
14.2 All numbers used on dwellings and business buildings shall meet the
following criteria:
14.2.1. Be in arabic numerals not less than 2" in height with proportionate
width, and contrast with the background on which they are mounted.
14.2.2. Be mounted within two feet of the main entrance to the building,
provided that such placement will make them easily visible and readable from the
main approaching street. If not, they must be mounted in a location on the building
which is visible and readable from the main approaching street.
14.2.3. If the building itself is not visible from the main approaching street,
the numbers must be displayed on the building within two feet of the main building
entrance and also at a location which is visible and readable from the main
approaching street and which will adequately direct interested parties to the specific
building involved.
14.2.4. In the case of multiple units, the approach to the complex must be
marked with the address number or range of numbers in accordance with
subsections 14.2.2. and 14.2.3. above. In addition, each individually numbered unit
must have its number displayed within two feet of its main exterior access door.
Suites within buildings shall be individually numbered in sequential order by floor.
Each separate unit must have its own distinctive identifier, which may be Arabic
Administrative Order - Page 35 of 40
numerals, English letters, or a combination of such numerals and letters.
14.2.5. Owners of all apartment units, mobile home parks, and other
multiple -unit buildings shall submit or cause to be submitted to the City a legible
map indicating the locations and numbers of all units.
14.3 No owner, agent or other person having control of a dwelling or business
building shall refuse or neglect to permanently number the same prior to the request for a
final building inspection required by Chapter 8 of the Eugene Code, 1971, or a code or rule
adopted thereunder. (For purposes of this subsection and subsection 14.6, "having control
of includes a person occupying or utilizing the building or unit under a rent or lease
agreement.)
14.4 Numbering shall be temporarily installed in compliance with subsections
14.2.1. and 14.2.2. of this section, on any construction site or upon any structure under
construction prior to any call for an inspection required by Chapter 8 of the Eugene Code,
1971, or a code or rule adopted thereunder.
14.5 Dwellings and business buildings in annexed areas shall be numbered in
accordance with subsections 14.2.1. and 14.2.2. of this section and to conform to the city's
block numbering system.
14.6 Notice of a proposed address number change by the City shall be provided
to the owner, agent, or other person having control of a dwelling or business building. The
notice shall inform the recipient of the City's intent to change the subject address 30 days
from the date of the notice and the reason for the change. The owner, agent or other person
having control of the dwelling or building shall be given ten days from the date of the
notice to comment in writing on the proposal. The proposed address change shall become
effective 30 days from the date of the notice, unless the City determines from the comments
received in response to the notice that the proposed change does not conform to City
standards or should be delayed for practical reasons. In cases where proposed address
changes are corrected in response to comments, the corrected address shall become
effective as of the effective date of the original notice or a new date established by the City.
It shall be sufficient to show notification that the notice be delivered personally or mailed
by certified mail, restricted delivery, return receipt requested, to the last known address of
the owner or agent, or to the person having control at the address of the affected structure.
14.7 The foregoing provisions may be enforced by the Building Official, his/her
designee, the Fire Marshal, his/her designee, police officers, or police community service
officers. Failure to comply may be result in imposition of an administrative civil penalty
in accordance with Section 2.018 of the Eugene Code, 1971.
R -8.005-C ENFORCEMENT.
1.. Notification of Violations. Upon finding a violation of any provision of these
regulations, or the administrative or technical codes, the Building Official or Fire Marshal shall
Administrative Order - Page 36 of 40
notify, in writing, the occupant or owner of the building or premises. As part of the notice, or
separately, enforcement action authorized below may be taken. Any person receiving a notice of
violation shall correct the violations within the time specified in the notice.
2. Reinspection. In addition to other enforcement actions taken, the Building Official
or Fire Marshal may set a time and date for a reinspection to determine whether the violations
identified have been corrected.
3. Stop Work Orders. Whenever any work is being done contrary to provisions of
these regulations, the administrative code or the technical codes, or the Building Official has
probable cause to believe that any other provision of the Eugene Code, 1971, is being violated in
connection with the project of which the work being performed is a part, the Building Official may
order the work stopped by notice in writing, posted on the project, or served on any person engaged
in the doing or causing of such work to be done, and any such person shall forthwith stop such
work until authorized by the Building Official to proceed.
4. Abatement of Dangerous Buildings.
4.1 No person in charge of property upon which a dangerous building exists
shall knowingly suffer or permit such building or unsafe appendage to be or remain
dangerous for more than ten days after receipt of notice of the dangerous condition.
4.2 Definition. For the purpose of this section, the term "dangerous building"
shall mean:
4.2.1. Any structure, building, or portion thereof, or any building service
equipment which is determined by the Building Official or Fire Marshal to be
deficient in terms of life safety, including but not limited to, inadequate exit way
facilities. The term inadequate exit way facilities, for the purpose of this section,
shall mean exit facilities which did not conform with all applicable laws at the time
of their construction, which have not been properly maintained in good condition,
or which have not been properly modified to cope with any increase in any occupant
load, any alteration or addition to the building, or change in occupancy of the
building.
4.2.2. Any structure, building, or portion thereof, which, because of
improper construction, damage, structural weakness, or deterioration by reason of
age, or for the lack or want of maintenance and proper repair, is structurally
unsound and which could lead to its partial or entire collapse so as to endanger other
properties or human life. These conditions may include, in addition to others:
4.2.2.1. Deteriorated or inadequate foundations.
4.2.2.2. Defective or deteriorated flooring or floor supports.
4.2.2.3. Flooring or floor supports of insufficient size to safely carry
Administrative Order - Page 37 of 40
imposed loads.
4.2.2.4. Members of walls, partitions or other vertical supports that
split, lean, list or buckle due to defective materials, methods of construction
or deterioration.
4.2.2.5. Members of walls, partitions or other vertical supports
which are of insufficient size to safely carry imposed loads.
4.2.2.6. Members of ceilings, roofs, ceiling and roof supports or
other horizontal members which sag, split or buckle, or which are of
insufficient size to safely carry imposed loads.
4.2.2.7. Members of ceilings, roofs, ceiling and roof supports or
other horizontal members which sag, split or buckle, due to defective
material, methods of construction or deterioration.
4.2.2.8. Fireplaces or chimneys which list, bulge or settle, due to
defective material, methods of construction or deterioration.
4.2.2.9. Fireplaces or chimneys which are of insufficient size or
strength to safely carry imposed loads.
4.2.3. Any portion of a building, or structure or building service equipment
which, because of improper construction, deterioration, improper installation,
damage, or for the want of proper repairs, such as defective wiring or equipment,
defective gas connection, defective heating apparatus, defective chimney, or for
any other cause or reason, is especially liable to cause fire, electrical shock, or
asphyxiation.
4.2.4. Any building, structure, or portion thereof, containing any
combustible or explosive material, wood, paper, trash, rubbish, rags, waste, oils,
gasoline, or flammable substance of any kind especially liable to cause fire or
damage to the premises or human life, and which is not maintained in accordance
with law.
4.2.5. Any building, structure, or portion thereof, which is maintained in a
filthy or unsanitary condition, such as through an accumulation of garbage, human
or animal waste, decaying animal or vegetable matter, wood, paper, trash, rubbish
or debris in such a manner so as to attract rodents or be unhealthful and especially
liable to cause a spread of fire or contagious or infectious disease.
4.2.6. Any building, structure, or portion thereof, which has not been
provided with the fire -resistive construction or fire -extinguishing systems or
equipment required by law, or, if built with fire -resistive construction and fire -
extinguishing systems or equipment, has not been properly maintained or improved
Administrative Order - Page 38 of 40
to comply with any increase in occupant load, any alteration or addition to the
building, or any change in occupancy of the building.
4.2.7. Any building or structure which contains any combination of unsafe
conditions or items, including open and abandoned buildings, which could
endanger other property or human life.
4.3 Whenever the Building Official or Fire Marshal shall be of the opinion that
there is a dangerous building, he/she shall post upon each exit of the building a notice
which declares the building unsafe, prohibits entry, describes the property by address,
informs the owner, occupant or other responsible person that the unsafe conditions must
be remedied within a set period of time, or that the City may proceed to make the building
safe or demolish the building and charge the cost to the owner. The notice also shall state
that it can be appealed within ten days from the date of posting.
4.4 In addition to posting the dangerous building, the Building Official or Fire
Marshal shall send a copy of the posting to all persons identified by the records of the
County Department of Assessment and Taxation as the owners of the property, and notify
them of the emergency and the conditions which necessitated the determination and
posting. The notice shall be personally served or sent by certified mail no later than two
working days following the date of posting.
4.5 No person shall remain in or enter any building which has been posted as
dangerous, except that entry may be made to repair, demolish, or remove such building
under permit. No person shall remove or deface any such notice after it is posted until the
required repairs, demolition, or removal have been completed and a certificate of
occupancy issued by the Building Official.
4.6 Either an owner or tenant of the property may appeal the notice and posting
to a hearings official as provided in Section R -8.005-A-7. In addition to the other authority
delegated to the hearings official, the hearings official may order the building removed and
abated if in his/her judgment such removal or abatement is necessary in order to remove
the dangerous condition. The hearings official also shall have the power to order the
building made safe or to prescribe what acts must be done to render the same safe.
4.7 Every building or part thereof which is found to be a dangerous building is
declared to be a public nuisance, and the same may be abated either summarily under
Section 6.110 of the Eugene Code, 1971 or through the procedures specified in this section,
or by a suit for abatement thereof brought in a court of competent jurisdiction.
5. Stop Use Order. Whenever the Building Official or Fire Marshal determines that
any building, structure or premises is being used contrary to the provisions of a technical code, the
Building Official or Fire Marshal may order such use discontinued, and the structure, premises or
portion thereof, vacated by notice served on any person causing such use to be continued.
Whenever the Building . Official or Fire Marshal . determines that any equipment or system, or
portion thereof, regulated by any technical code has become hazardous to life, health or property,
Administrative Order - Page 39 of 40
the Building Official or Fire Marshal shall order that such equipment either be removed or restored
to a safe or sanitary condition, as appropriate. The notice shall fix a time limit for compliance with
such order. No person shall use or occupy a building or premises, or use or maintain the defective
equipment or system after receiving such notice.
6. Utility Disconnect. The Building Official or Fire Marshal may disconnect any
utility service or energy supplied to any building, structure or building service equipment therein
where necessary to eliminate an immediate hazard to life or property, where work has been
performed without a required permit, where work is being done in violation of any provision of
these regulations, and where the building is being occupied in violation of Chapter 8 of the Eugene
Code, 1971, codes or rules adopted thereunder, or these regulations. Whenever possible, the
Building Official or Fire Marshal shall notify the serving utility, the owner and occupant of the
building, structure or building service equipment of the decision to disconnect prior to taking such
action, and shall notify such serving utility, owner and occupant of the building, structure or
building service equipment, in writing, of such disconnection immediately thereafter. The
Building Official or Fire Marshal shall thereupon place a notice on the premises in a manner to
reasonably apprise those coming on the property of the disconnection. It shall be unlawful for any
person to remove the notice of disconnection or reconnect. The Building Official or Fire Marshal
shall authorize reconnection of utility service when he/she is satisfied the condition which led to
the disconnection will be expeditiously corrected or is corrected.
7. Administrative Civil Penalty. The Building Official may impose an
administrative civil penalty pursuant to Section 2.018 of the Eugene Code, 1971 and regulations
adopted thereunder.
8. Enforcement Mechanisms Non -Exclusive. No enforcement mechanism is
exclusive. The Building Official may employ one or more of the enforcement mechanisms
authorized above or elsewhere in the Eugene Code, 1971.
9. Appeals. Any person who disagrees with enforcement action taken against him/her
has a right to appeal that enforcement action pursuant to R -8.005-A-7. The appeal shall not stay
the effective date of the enforcement action, except for monetary penalties.
Dated and effective this Z&Mday o ry , 2017.
Jon R. Ruiz
City Manager
Administrative Order - Page 40 of 40