HomeMy WebLinkAboutOrdinance No. 19892ORDINANCE N0, 19892
AN ORDINANCE DIRECTING THE CITY MANAGER TO PROCESS
TECHNICAL CODE ADOPTIONS THROUGH THE ADMINISTRATIVE RULE
PROCESS; REPEALING SECTIONS 3,115, 3,119, 3.180, 3.1$1,
3.190, 3.192, 3.194, 3.196, 8.040, 8,050, 8.060, 8,010,
5.015, 5.100, AND 8.895 OF THE EUGENE CODE, 1911;
AMENDING SECTIONS 3.005 AND 8,005 OF THAT CODE; AND
ADDING A NEW SECTION 8.010 TO THAT CODE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 3.005 of the Eugene Code, 1911, is amended by
repealing therefrom the definitions set forth far "Fire Safety and Hazardous
Materials".
Section 2, Sections 3.115, 3,119, 3.1$0, 3.181, 3.190, 3.192, 3.194,
3.196, $.040, $.050, $.060, 8.010, 8.015, 8.100, 8.895, and any specialty codes
adopted thereunder are hereby repealed.
Section 3. Subsection X28} ~a} of Section 8.005 of the Eugene Cade, 1911,
i s amended to provide
8.005 Administrative Code.
X28} Administrative civil penal,
~a} In addli ti on to, and not i n 1 i eu of any other enforcement
mechanism authorized by this code, upon a determi nati on by the city
manager that a person has violated this administrative code or any
provision of a rule adopted under section 8.010 of the Eugene Code,
1911, the city manager may impose upon the violator and any other
responsible person, an administrative civil penalty as provided by
section 2.01$ of the Eugene Cade, 1911. For purposes of this
section, a responsible person includes:
1. The owner of the bu i 1 d i ng, and
2. Where the violator works for a contractor, either
as an emp1 oyee, subcontractor, or independent contractor, the
contractor and/or other employer.
Section 4. There is hereby added to the Eugene Code, 1911, a new Section
8.010, to provide:
8 010 Technical Codes -Manner of Adoption
~1} The city manager, or his or her desi nee, is authorized to
. g
adopt a structural specs al ty code, one and two fame ly dwel 1 ~ ng specs al ty code,
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mechanical spec i a1 ty codes plumbing specialty code, electrical code, fire code,
and sw~mm~ ng pool , spa and hot tub code following the procedures set forth i n
section 2.419 of this code and this section. The city manager is also
authorized to adopt fees related to those codes pursuant to section 2.420 of
this code.
~2} In addition to the notice requirements of section 2,019 of
the s code, pry or to the adopts on, amendment or repeal of any technical code
pursuant to subsection ~1} of this section, the city manager or designee shall
provide copies of the notice required thereunder to the counci 1 and, to the
extent required by state law, to the state and lane County.
~3} , In making rules and regulations establishing minimum standards
for the protect ~ an of 1 ~ fe and property against fire, the city manager shat l
cons ~ der the f ~ re code adopted by the state fire marshal , and national standards
adopted by the National Fire Protection Association. The city manager shall
adopt rut es which provide the same or greater degree of safety as the state fire
code. The fire code adopted by the city manager may include requirements for
fire safety permits and hazardous materials permits, as well as provisions for
payment of fees for such permits. In the rules, the city manager also shall
address ~ ssues related to w~ l d/and/urban interface hazards.
~4} In adopting building codes, the city manager sha11 provide
reasonable safeguards for health, safety, welfare, comfort and security of the
residents . The building codes adopted by the city manager may include one or
more of the following: structural standards ~ standards for the installation and
use of mechanical, heating and ventilating devices and equipment; standards for
prefabricated structures; one and two family dwelling code; electrical code; and
swimming pool , spa and hot tub code. , In adopting one or more of these caries,
the city manager shall comply fully with the requirements of state law.
~ 5} The city manager ar designee shall file one copy of each
technical code adopted pursuant to this section with the city recorder, and
mai ntai n a copy i n the office of the department charged with enforcement thereof
as set forth in the order adopting the technical code.
~G} violation of any pravi si on of a technical code or
administrative rule adopted i n accordance with this section shall constitute a
violation of this code, subjecting the violator to the penalties set forth i n
section 8.990 of this code.
Section 5. The City Manager, or his or her designee, shall provide rules
or regulations for a procedure whereby the sale and use of fireworks inside the
city may be prohibited temporarily whenever the City Manager, or his or her
designee, determines that hazardous conditions pose an unreasonable risk of
fire.
Section fi. Notwithstanding the provisions of Section 1 of this Ordinance,
the fire code and all other technical codes repealed therein shall remain in
effect until replaced by a technical code adopted in the manner set forth
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herein .
Section 1. The City Recorder, at the request vf, or with the concurrence
of the City Attorney, is authorized to administratively correct any reference
errors contained herein, or in other provisions of the Eugene Code, 1971, to the
pravisions added, amended or repealed herein.
Passed by the City Council thi s
7th day of December, 1992
~..~.
City Recor r
Approved by the Mayor th i s
1th day of December, 1992
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~~ ayor
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MEMORANDUM
T0: Kathy Fieland, City Recorder's office
FROM: Joan Wise, City Attorney's Office
DATE: January 4, 1993
RE: Administrative Correction to EC Section 8.001
In response to your telephone call this morning, Glenn Klein of our
office has concurred that Section 7 of ordinance No. 19892 conveys authoriza-
tion to administratively correct references in EC Section 8.001 to provisions
amended or repealed by Ordinance No. 19892. Section B.OOl should provide as
follows:
8.001 Definitions. For the purposes of this chapter the following words
and phrases, except where the context clearly indicates a different
meaning, shall mean:
Administrative Code. The regulations adopted by section
8.ao5,
Building inspector. A person acting under the authority and
direction of a building official and charged with the responsibility
for enforcement of any specialty code.
Building official. A person designated by the city manager
with the responsibility for administration and enforcement of the
Administrative Cvde or any specialty code or his/her designee.
Chief. The city manager, or his/her designee.
.__.___
City manager. The city manager or the manager's designee.
Code. The term "the code" or "this code" shall mean a parti-
cular specialty code herein mentioned, e.g., Structural Specialty
Code, Mechanical Specialty Code, etc. The term Eugene Code, 1971
includes all of this chapter and all the other chapters,
Electrical Code. The regulations adopted pursuant to section
8.010.
Fire Code or Fire Prevention Code. The regulations adopted
pursuant to section 8.010.
Fire marshal. A person designated by the city manager to ad-
minister and enforce the fire prevention code or his/her designee.
Mechanical Code. The regulations adopted pursuant to section
8.010.
.,., __ __ y , ' „ ,, Code. The regulations adopted
One and Two Famil Dwellin,~,,,__....,._
pursuant to section 8.010.
Permit. The term "permit" shall mean building permit, elec-
trical permit, etc., as the context may require. The term shall
also include a combination permit, when appropriate.
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Person in char, ,,,,,,,~_
__'__ qe of property. An agent, occupant, lessee,
tenant, contract purchaser, owner, or other person having possession
or control of property or the supervision of any construction
project.
Plumbin Cvde. The regulations adopted pursuant to section
8.010.
Specialty,,,,,,code. Any or all of the following codes: Electri-
cal Cvde, One and Two Family Dwelling Code, Fire Code, Mechanical
Code, Plumbing Code, Structural Code, and Swimming Pool, Spa & Hot
Tub Code.
Structural Code. The regulations adopted pursuant to section
s.ala.
Swimming_ Pool, Spa,,,,,,,,,and~~Hvt Tub Code. The regulations adopted
pursuant to section 8.010.
working dad. For purposes of section 8.005, working day is
that period of time from 8:00 A.M. to 5:00 P.M. on any day from
Monday through Friday.
If you have any questions, please call.
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