HomeMy WebLinkAboutOrdinance No. 19413ORDINANCE NO. 19413
AN ORDINANCE CONCERNING SPECIALTY CODES; AMENDING SECTIONS
8.401, 8.003, 8.004, 8.005, 8.010, 8.015, 8.075, 8.495,
5.555, 8.579, 8.895, 8.905, 8.915, 5.950, AND 8.990 OF THE
EUGENE CODE, 1971; REPEALING SECTIONS 5.080, 8.135, 8.556,
8.557, 8.580, 5.900, AND 8.910 OF THAT CODE; ADDING SECTIONS
8.050, 8.OZ0, 8.980 AND 8.985 TD THAT CODE; AND DECLARING AN
EMERGENCY.
THE CITY OF EUGENE ODES ORDAIN AS FOLLOWS:
Section 1. Section 8.001 of the Eugene Cade, 1971, is amended to read
and provide;
8.001 Definitions. For the purposes of this chapter the fallowing words
and phrases, except where the context clearly indicates a different
meaning, shall mean:
Administrative Code. The regulations adopted by section
8.004.
Buildin ins ector. A person acting under the authority and
direction of a building official and charged with the responsibility
far enforcement of any specialty code.
Bui, l,di n~ official . A person designated by the city manager
with the respons~bil~ty far administration and enforcement of the
Administrative Code or any specialty code or his/her designee,
Code. The term "the code" or "this code" shall mean a parti-
cular specialty code herein mentioned, e.g., Structural Specialty
Cade, Mechanical Specialty Cade, etc. The term Eugene Code, 1971
includes all of this chapter and all the other chapters,
Electrical Cade. The regulations adopted by section 8.075.
Fire Chief. A person designated by the city manager as the
administrative head of the fire department or his/her designee.
Fire Cade ar Fire Prevention Code. The regulations adopted
by sections 8,015 and 8.190.
Fire marshal. A person designated by the city manager tv ad-
minister and enforce the fire prevention code or his/her designee.
Mechanical Code. The regulations adopted by section 8.495.
One and Two Family Dwellin Code. The regulations adopted by
section 5.050.
Permit. The term "permit" shall mean building permit, elec-
tricall pe mrmr it, etc., as the context may require. The term shall
also include a combination permit, when appropriate.
Person in char e of ro arty. 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 Code. The regulations adopted by section 8.555:
5~eci al ty code. Any or al 1 of the fal 1 owi ng codes : El ectri -
cal Code, One and Two Family Dwelling Code, Fire Cvde, Mechanical
r~~na~c~ - '2
Code, Plumbing Code, Structural Code, and Swimming Pool, Spa & Hot
Tub Cade.
Structural Cade. The regulations adopted by section 8.010.
Swimmin Paol, S a and Hot Tub Code. The regulations adopted
by section 5.895.
Workin day, For purposes of section 5.005, working day is
that period of time from 8:00 A. M. to 5: Oa P . M, on any day f ram
Monday through Friday.
Section ~, Section $.003 of the Eugene Cvde, 1971, is amended to read
and provide:
5.003 State Standards, It is the policy of the city that standards of
. fire safety in the city be at all times as high as the standards of
fire safety prescribed by or under the laws of the State of Oregon. Notwith-
standing any lesser standard of fire safety indicated by the Eugene Code,
1971, any standard of fire safety now or hereafter prescribed by DRS Cha ter
415 or by the State Fire Marshal ~ p
in the Oregon Admin~strat~ve Rules under
DRS 475.030 shall apply in the city, and no person shall engage in any con-
struction or other activity not meeting the state standard.
Section 3. Sections 8.004 and 8.005 of the Eugene Code, 1971, are
amended to read and provide:
8.004 ~dministratiye,Cade. all work done pursuant to any specialty code
commenced after ~~November 1, 1985, shal 1 comply with the re ui re-
ments and rocedures of the U q
• p n~form Admin~strat~ve Code, 1985 ed~t~on, as
published by the lnternat~onal Conference of Building Officials. Exce t as
amended b section 8.005 of the ~ p
Y Eugene Code, 1971, the Uniform Adm~n~stra-
tive Code is hereby adopted by the city and shall constitute the administra-
tive code for all specialty codes.
$.005 Administrative Code Amendments. The 1985 edition of the Uniform
Administrative Code is amended to provide:
~1} Subsection 202 d - Sto Work Orders, is amended to provide:
~d} Sto work orders. ~Jhenever any work is being Bane con-
trary to provisions of the administrative code or of the technical
codes to which the administrative code applies, 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 forth-
with stop such work until authorized by the building official to
proceed.
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f ~2~ Section 203 -~ Unsafe Bui 1di n s, Structures, or Bui 1di n Service
E u7 ment, 7s hereby amended by adding a section 203-B thereto, to provide;
Section 203-8 - Abatement of Dan ~erous Buildin s.
~a~ Unlawful. No person in charge of property upon which a
dangerous building exists shall knowingly suffer or permit such
bu~ld~ng or unsafe appendage to be or remain dangerous for mare
than ten ~~0~ days after receipt of notice as provided by subsec-
tion ~c}.
fib} Definition. For the purpose of the Eugene Code, 197,
the term "dangerous building" shall mean:
~. Any structure, building, building appendage, or
building service equipment defined in general by section 203
which is determined by the building official 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 203, shall mean exit facili-
ties which did not conform with all applicable laws at the
time of their construction, which have not been properly main-
tained in good condition, or which have not been properly
modified to cape with any increase in any occupant load, any
alteration or addition to the building, or change in occupancy
of the building.
2. Any structure, building, or building appendage 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:
a. Deteriorated or inadequate foundations.
b. Defective or deteriorated f 1 Dori ng or f 1 oor
supports.
c. Flooring or hoar supports of insufficient size
to safely carry imposed loads.
d. Members of walls, partitions or other vertical
supports that split, lean, list or buckle due to defec-
tive materials, methods of construction or deterioration.
e. Members of walls, partitions or other vertical
supports which are of insufficient size to safely carry
imposed 1~ads. _
f. 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.
g. Members of ceilings, roofs, ceiling and roof
supports or other horizontal members which sag, split or
buckle, due to defective material, methods of construc-
tion or deterioration,
h. Fireplaces or chimneys which 1 i st, but ge or
settle, due to defective material, methods of construc-
tion or deterioration.
i. Fireplaces or chimneys which are of insufficient
size or strength to safely carry imposed loads.
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3. Any building appendage or 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,
e1 ectri cal shock, ar asphyxiation .
4, Any building, structure, or partion thereof, contain-
ing 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 accord-
ance with law.
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, woad, 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.
6. Any building, structure, ar partion 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 praper1y maintained or
improved to comply with any increase in occupant load, any
alteration or addition to the building, or any change in
occupancy of the building.
1. Any building or structure which contains any combi-
nation of unsafe conditions or items, including open and
abandoned buildings, which could endanger, other property or
human life.
~c} Abatement rocedures.
1. I~henever the bui 1 di ng of f i ci a1 shal 1 be of the
opinion that there is a dangerous building he/she shall post
the notice described in subpart ZB3-B~c}~ at or upon each exit
of the building.
~. The notice required by subpart X03-B~c}1 shall be in
substantially the following farm:
DANGEROUS
DO NOT ENTER -~ UNSAFE TD OCCUPY
DATE OF PDST~NG:
Nance is hereby given that the building described as
Description of building, such as "vacant two-story house at
northeast corner of Green Street and High Street"}
and addressed as;
Official Street Address}
is dangerous and unsafe to enter and occupy.
The owner or person in responsible charge of this property must
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.;
obtain the necessary permits to remedy the unsafe condition
or demolish the building within days of this notice ar the
city will proceed to do sa and charge the cost thereof to the
owner. The owner has days from the date of this post-
ing to appeal the determinatian of dangerous building. A
request for an appeal may be made by contacting the building
official in writing.
It i s a violation of 1 aw to occupy this bui 1 di ng or to
remove or deface this notice.
Building Official
City of Eugene
By .
Designee
Address and telephone number for the building official
3. In addition to posting the dangerous building, the
building official shall send a copy of the posting to all per-
sons ~n charge~of the property and notify them of the emergency
and the conditions which necessitated the determinatian 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. 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.
5, If any person in charge of the posted property
appeals in writing the building official's determination that
a building is dangerous a hearing official designated by the
city manager shall within a reasonable time fix a time and
place fora hearing. Notice shall be mailed to the owner of
record of the premises whereon the building is located and the
appellant, notifying them that a hearing will be held concern-
ing the building official's determination of dangerous build-
ing and the time and place thereof. At such time and place a
hearing shall be held and the hearing official shall deter-
mine whether ar not the building is dangerous. The hearing
official`s decision shall be in writing and shall be final.
The hearing official may, as a part of the hearing, inspect
the building and the facts observed by the hearing official
at such inspection may be considered in determining whether
or not the building is dangerous. At the hearing, the owner
and appellant shall have the right ~to be heard and to present
evidence if such owner or appellant requests the same. No
irregularity ar failure to mail notice shall invalidate the
proceedings. At the hearing, the hearing official shall have
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the power tv declare any building to be dangerous, and order
it removed and abated if in his/her judgment such removal or
abatement is necessary in order to remove the dangerous con
dition. The hearing official shall also have the power to
order the building made safe ar to prescribe what acts must
be done to render the same safe. Unless conditions require
shorter notice, five-day notice of the findings and of the
order made by the hearing official shall be given to the per-
svns in charge of the property,
G. ~f the order of the hearing official is not obeyed
and the building rendered safe within the time specified then
the building official shall proceed under sections G.090 and
6.100 of the Eugene Code, 1971 to perform the work ordered by
the hearing official at the expense of the property,
7. If no person obtains the necessary permits to abate
the dangerous building or appeals the determination of the
building official within the time specified in the notice, the
building official shall proceed under sections 6.490 and x.100
to abate the dangerous condition and have the costs thereof
assessed against the property.
~d} Dan Brous buildin ~ nuisance. Every building or part
thereof which is found to be a dangerous building is hereby declar-
ed to be a public nuisance, and the same may be abated either
summarily under section x.110 of the Eugene Code, 1971 ar through
the procedures specified in this section, ar by a suit for abate
ment thereof brought i n a court of competent jurisdiction .
~3} Secti on_ Z04_ ,-~ Board of Appeals, i s hereby amended to provide:
Secti an ZQ4~ - A eal Board ~Admi n~~strati on and Or ani zati on .
~a~ Creation. 1n order to determine the suitability of
alternate materials and methods of construction and tv provide for
reasonable interpretations of the technical codes, there shall be
and is hereby created a Board of Appeals consisting of members who
are qualified by experience and training to pass upon matters per
taining to building construction and building service equipment and
who are not employees of the jurisdiction. The board shall adopt
rules of procedure for conducting its business and shall render all
decisions and findings in writing.
~b~ A 1ication fora Bal. The application far appeal may
be made when it is claimed that the true intent of a particular
specialty Cade has been incorrectly interpreted or the provisions
of the particular code do not fully apply. The owner of a building
or structure or any other person may also appeal from a decision of
the building official refusing to grant a modification to the provi-
sions of a specialty code covering the design or method of construc-
tion or material to be used in the erection, alteration, or repair
of the building ar structure or building service equipment when it
is the applicant's belief that he/she has proposed an equally good
or better material ar method of construction or installation than
that required by a specific specialty code. A fee for each appeal
as established by resolution of the city cvunci 1 shall be paid to
the building official.
~c} Membershi of board of a eats. The board of appeals
shall consist of nine ~9) members nominated by the mayor and
Or~:inance - 7
appointed by the council from which a panel shall be selected to
hear specialty code appeals as provided in subpart z~4~d}. The
board members shall consist of: a licensed prafessional engineer,
architect, building contractor or superintendent of building con-
struct~on, electrical contractor, journeyman supervising electri-
cian, plumbing contractor, journeyman plumber, mechanical cheating
and ventilation} contractor, and journeyman heating, ventilation or
air conditioning installer. The building official and the fire
chief, or designees, shall be ex officio members of the board.
~d} D eration of the board. The panel, for any given spe-
cialty code appeal, shall consist of no more than five voting
members,
Electri cal a eal s. The panel for hearing ei ectri ~-
cal code appeals, shall consist of a licensed prafessional
engineer, architect, building contractor ar superintendent of
.building construction, an electrical contractor, and journey-
man supervising electrician. Three of the five members shall
constitute a quorum, one of which shall be an electrical con-
tractor or supervising electrician .
2. P1 umbi ~,~ a,p,peal s. The panel for hearing plumbing
code appeals, shall cans~st of a licensed professional en i~-
g
Weer, architect, building contractor, or superintendent of
building construction, a plumbing contractor, and journeyman
plumber. Three members of the five members shall constitute
a quorum, one of whom shall be a plumbing contractor or
journeyman plumber.
3. Mechanical a eats. The panel for hearing mechani-
cal code appeals, shall consist of a licensed prafessional
engineer, architect, building contractor, superintendent of
building constuction, mechanical cheating} contractor, and
journeyman heating, ventilation, or air conditioning instal-
ler. Three members of the five members shall constitute a
quorum, one of whom shall be a mechanical contractor or
journeyman heating, ventilation, or air conditioning installer.
4. Structural life safety fire swimmin ool, s a
and hot tub code ap_pea1s. The panel for hearing structural
specialty cade,~fire code, ar swimming pool, spa and hot tub
code appeals shall consist of a licensed professional engi-
neer, architect, building contractor or superintendent of
building construction, and any two members--from the six re-
maining members. Three members of the five members shall
constitute a quorum, one of whom shall be an architect or
licensed engineer.
fie} Terms of a ointment. Qf the group composed of a
licensed professional engineer, architect, and building contractor
or superintendent of building construction, one shall be appointed
for five ~5} years, one for three ~3} years, and one for one ~1}
year. Df the electrical contractor and journeyman supervising
electrician, one shall be appointed for flour ~4} years, and the
other for two ~Z} years. Df the plumbing contractor and journey-
man plumber, one shall be appointed for four ~4} years and the
other for two ~2} years. Df the mechanical cheating} contractor
and journeyman heating, ventilation, or air conditioning installer,
0rd~inanc~ - 8
one shall be appointed for four ~4} years and the other for two ~2}
years. Thereafter, each new member shall serve for five years or
until his successor has been appointed,
~f} Procedures of the board. Ail hearings sha11 be public,
and the appellant, appellant`s representatives, the city's enforce-
ment official and any other person whose interest may be affected
by the matter on appeal. shall be given an opportunity to be heard.
The board shall affirm, modify, or reverse the decision of the
building official ar fire marshal by a concurring vote of three
members. The board shall adopt reasonable rules and regulations
for conducting its investigations and shall render all decisions
and findings in writing to the building official with a duplicate
copy to the appellant.
~4} Section 205 - I~iolations, is hereby deleted.
~5} Section 206 - Numberin of Structures and Premises, is hereby
added to provide:
Section 206 -Numberin of Structures and Premises. A11 numbering
of structures and premises shall be done after assignment of a
number by the building official and under his or her direction
according to the following system:
~a} The numbering of dwellings and business buildings shall
be done by providing 104 numbers in each block. Dn streets run-
. Wing east and west., the odd numbers shall be on the north side of
the street, and the even numbers an the south side of the street.
0n 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.
fib} A11 numbers used an dwellings and business buildings shall
meet the f of l awi ng criteria
1. Be in arabic numerals not less than 2" in height with
proportionate width, and contrast with the background on which
they are mounted.
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.
1f not, they must be mounted in a location on the building
,which is visible and readable from the main approaching
street.
3. 1 f the building i tsel f i s not visible from the mai n
approaching street, the numbers must be displayed on the
building within two feet of the main building entrance and
also at a 1 ocati on which i s vi si bl a and readable from the
main approaching street and which will adequately direct
interested parties to the specific building involved.
4. 1n 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 ~. and 3. above. In
addition, each individually numbered unit must have its num-
ber displayed within two feet of its main exterior access
door. Each separate dwelling unit must have its own distinc-
tive identifier, which may be Arabic numerals, English
letters, or a combination of such numerals and letters.
5. owners of all apartment units, mobile home parks,
Ora ~ nanc?~ - 9
and other multiple-unit dwellings shall submit or cause tv
be submitted to the Eugene Police Department a legible map
indicating the locations and numbers of apartments/spaces.
~c} Na owner, agent or other person having antral of a
.dwelling or business building shall refuse or neglect to perman-
ently number the same prior to the request for a final building
inspection required by Chapter S of the Eugene Code, 1971. A
dwelling or business building that has been issued a certificate
of occupancy prior to the effective date of this revision and not
in compliance with these revised provisions shall have until
thirty X30} days from the effective date of this revision to com-
ply. For purposes of this subsection and subsection ~f}, "having
control of" i ncl udes a person occupying or uti 1 i ~zi ng the building
or unit under a rent or lease agreement.}
~d} Numbering shall be temporarily installed in compliance
with subsections ~a} and (b} of this section, on any construction
site or upon any structure under construction prior to any call for
an inspection required by Chapter S of the Eugene Code, 1911.
fie} Dwellings and business buildings in annexed areas shall
be numbered in accordance with subsections ~a} and fib} of this
section and to conform to the city's block numbering system.
~f} No owner, agent, ar other person having control of an
existing dwelling or business building shall refuse or neglect to
number the same within thirty ~3D} days after being notified in
writing to do so by the building official or other enforcement
authority. Numbering shall comply with subsections ~a} and fib}
of this section. It shall be sufficient to show notification
that the notice be delivered personally or mailed 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.
fig} The foregoing provisions may be enforced by the building
official, his designee, the fire marshal, his designee, police
officers, or police community service officers.
~6} Subsection 3D1 b -Exempt work, is hereby amended by adding
paragraph thereto, to provide:
L. Qrdinary maintenance and repairs which do nat violate the
Eugene Code, 1971 provided the repairs da not include any cutting
of any wall, partition, ar portion thereof; any removal or cutting
of a structural member ar bearing support; any-removal or change
of a required exit; any rearrangement of parts of a structure that
affect exit requirements; any addition to, alteration of, replace-
ment of, or relocation of any electrical, plumbing, mechanical, or
service equipment; or, any work affecting public health or safety,
or involving a change.in a structure's use group or subgroup
cl assn f i cats on for why ch the bui 1 di ng was originally built and
intended to be used.
~7} Subsection 302 c - Infarmation on Plans and 5 ecifications,
hereby amended to provide:
~c} Information on Plans and S ecifications. Plans and~spe-
cifications shall be drawn to scale upon substantial paper or cloth
and shall be of sufficient clarity to indicate the location, nature
and extent of the work proposed and show in detail that it will con-
a
is
Qrd~i~nanc.e~ - ~Q
form 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.
In lieu of detailed specifications, the building official may
approve references on the plans to a specific section or part of
the structural specialty code or to other ordinances ar laws. Com-
putations, stress diagrams, and other data sufficient to show the
correctness of the plans shall be submitted when required by the
building official ,
I. Structural Plans, Every person making application
for work involving a structural permit shall file with the
building division 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 alterations, and change of use group clas-
sifications conforms to land use regulations and the struc-
tural specialty code. The plans and specifications must be
complete and shall show, among other details, the following:
~. Scaled plat 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.
B. Scaled floor plans showing the structure's
layout brooms}, room dimensions, and areas labeled as
to intended use, location, and sizes of doors and
windows.
C. Structural plans showing framing and other
support and laad~-carying structural features, including
foundation plan, floor and ceiling roof system construc-
tion with adequate dimensions and labeling of materials
to permit a determination of code compliance and struc-
tural safety.
D. Plans for buildings of more than two stories
in height of other than Group R, Division 3 bane- and
twa~-family dwellings} and M occupancies accessary
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. Electrical Plans. A person making application for
an electrical permit on any structure, other than Group R,
Division 3 bane- and two-family dwellings} and M occupancies
accessory buildings thereto}, shall file with the building
division proper electrical p1 ans, specifications, cal cul a-
tions, 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 sub-
mitted must be complete and shall show, among other details,
the fallowing:
Dr~~ina~ic.e -~ 1~
a. A layout far each floor with dimensions of
all roams and working space, including a legend of all
symbo 1 s used .
B. Size of wire and conduit for main services and
approximate lacation in the buildings of its electrical
service, equipment, and heating.
C. Main service layout, size, number of main
switches, and Simi 1 ar i nf.armati on .
D. Location of di stri buti an panels and size of
branch circuits and candui t--feedi ng distribution
cabinets.
E. Circuits feeding from distribution panel s
~feeders~, size of wire for each feeder circuit, size
and number of wires in each conduit, and the load of
each circuit.
F. Location of fixed electrical equipment loads,
with wattage or horsepower.
G. Location of individual controls, switches, and
Simi 1 ar information,
3. Plumbin Plans. Every person making application
for ofplumbing permit on any structure, other than Group R,
Division 3 done- and two family dwellings} and M occupancies
accessory buildings thereto, shall file with the building
division proper plumbing, water, sewage plans and schedules
as may be necessary to determine whether the installation as
described wi 11 conform to the requirements of the plumbing
code. The plans submitted must be complete and shall show,
among other details, the following:
A. Layout far each floor with dimensions showing
all rooms and work areas, including a legend of all
symbols used,
B. Location of a]l plumbing fixtures within the
structure including hose bibs and backflow devices.
C. Location and size of all waste and vent piping.
D, Dn a plot plan, location and size of sanitary
sewer service or private sewage disposal.
E. an a plat plan, lacation and size of water
service or drinking water wells.
F. Dn a plot plan, direction of storm drainage,
including location of storm sewers and dry wells.
4. Mechanical Plans. Every person making application
fora mechanical permit on any structure, other than Group
R, Division 3 ~ one- and two-family dwell i ngs} and M occupan-~
cies accessory buildings thereto, shall file with the
building division 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:
A, A 1 ayout for each f l oar with dimensions of al 1
rooms and working spaces, including a legend of all
symbols used.
Ordi nan'cp~~, - ~2
B. Location, size, and materi a1 s of a] 1 air ducts,
air inlets, and air outlets.
C. Location of all fireplaces, solid-fuel stoves
and appliances, fans, warm-air furnaces, boilers,
absorption units, refrigerant compressors, condensors,
and the weight of all equipment weighing more than 200
pounds.
D. Location, size, and material of all products
of combustion, vents, flues, and chimneys.
E. 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,
F. Location and area ~ si zed of al 1 venti 1 ati on
and combustion air openings and ducts.
G, Location of all air dampers and fire shutters.
H. Rated capacity or horsepower of all warm-air
furnaces, heat exchangers, blower fans, boilers,
refrigerant compressors, and absorption units.
~8} 5ubsection 3D4 b -Permit Fees, is hereby amended to
provide:
fib} Permit fees. Fees for permits shall be established by
resolution of the council and shall be paid to the building offi-
cial. The determination of value or valuation under any of the
provisions of Chapter S of the Eugene Code, 197, shall be made by
the building official. The valuation to be used in computing per-
mit and plan check fees shall be the total value of all construc-
tion work for which the permit is issued, as well as all finish
work, painting, roofing, electrical, plumbing, heating, air condi-
tioning, elevators, fire extinguishing systems, and any other
permanent work or permanent equipment. where work for which a
permit is required by Chapter S of the Eugene Code, X971, is
started or proceeded with prior to obtaining said permit, the fees
specified shall be doubled, but the payment of such double fees
shat 1 not relieve any person from f u1 ly complying with the requi re-
ments of Chapter S of the Eugene Code, ~97~, in the execution of
the work or from responsibility for any penalties described
therein.
~9} Subsection 344 c -Plan Review Fees, is hereby amended to
provide:
~c} Plan review fees. when a plan or other data is submitted
under subsection ~c~ of section 302, a plan review fee shall be
paid according to the following schedule:
1. Plan checking fee for one- and two-family dwellings
Group R, Division 3 Occupancies} and accessary buildings
thereto Group M} shall be 50 percent of the established
building permit fee.
~. Plan checking fee for Groups A ~assembly~, E ~educa-
tiona1}, I ~institutivnal~, H hazardous}, B ~business~, and
R presidential}, other than Group R, Division 3, shall be 65
percent of the building permit fee.
3. The plan review fee for electrical plans for other
Drd~ nan~ce-. - 13
than Group R, Division 3 done- and two-family dwe1lings~ and
Group M accessory buildings thereto} shall be Z5 percent of
the individual electrical permit fee.
4. The plan review fee for plumbing plans far other
than Group R, Division 3 done- and two-family dwellings and
Group M accessory buildings thereto} shall be ~5 percent of
the individual plumbing permit fee.
5. The plan review fee for mechanical plans far other
than Group R, Division 3 ~one-~ and two-family dwellings and
Group M accessory buildings thereto} shat] be 25 percent of
the individual mechanical permit fee.
6. where a technical code has been adapted by the city
for which no fee schedule has been established by resolution,
the fee required shall be in accordance with the schedules
otherwise contained in the administrative code.
7. Where plans are incomplete or changed sa as to
require additional plan review, an additions] plan review fee
shat l be charged at the rate established by counci 1 resol u-
tian.
~ l03 5ubsecti on 304 a ~- Tnvesti ati on Fee, i s hereby amended to
provide:
fie} Inyesti.~ati on,.,,,, fee.
1. Tnvesti at~Ton without a ermit. Whenever any work
for which a permit is required by Chapter 8 of the Eugene
Code, 1911, or a technical code has been commenced without
first obtaining said permit, a special investigation shall
be made before a permit may be issued for such work.
~. Tnvesti ation fora chap a of occu ancy. Whenever
there is a proposed change in the use of a building, struc-
ture, or land as defined by the structural specialty code, or
any change of use under applicable zoning law which requires
additional off-street parking or other physical upgrading of
the development in terms of paving, drainage, screening,
wheel stops, etc., for the new use, a change-of-use review
and inspection shall be made before a permit or certificate
of occupancy shall be issued for such change in use.
3, Preliminary Tnvesti ation - lan review. Before
issuing a permit, the building official may examine a]1
sites, structures, and buildings for which an application
far a perrni t has been f i 1 ed. - - - ~~-------~
4. Fee. Investigation fees shall be established by
council resolution. Investigation fees shall be in addition
to plan review and permit fees and shall be collected whether
or not a permit or certificate of occupancy is then or subse~
quent1y issued. The payment of investigation fees shall not
exempt any person from compliance with other provisions of
Chapter S of the Eugene Code, 1911, or from a double fee and
any penalty prescribed by Taw.
~11~ Subsection 3Q5 e - Re wired Buildin Ins ection, is hereby
amended by renumbering Subdivisions 4. ~.ath and/vr Wallboard Ins ection, and
5. Final Ins ection, to Subdivisions 5 and 6 respectively, and adding a
new subdivision 4., to provide:
4. Insulation and Va or Barrier Ins ection. To be made
Qr~inance - ~4
after all insulation and required vapor barriers are in place
but before any lath or gypsum board interior wall covering is
applied.
EXCEPTION:
1. Ceiling and floor insulation visible during final
inspection.
Z. The building officio] may a11ow the frame insulation,
and vapor barrier ~nspectians to be performed simultaneously.
~12~ Subsection 305 h ~ Reins ection, is amended by deletin the
9
words "Tables Nos. 3~-~ through 3-H" in the fourth paragraph and substitutin
the words "resolutions of the c ~; g
ounc~l.
X13} Section 307 - Connection to Utilities, is hereby amended by
amending subsection fib} to provide as follows and by adding subsection ~c
. ~
thereto which prav~des:
fib} Temp,o_rary Connections.
1. {then there is an evident urgent necessity and for ant
Y
the duration thereof, the building official may authorize the
temporary connection of a building, structure or building ser-
vice equipment to a source of energy, fuel or power when it
may be done without increasing the risk of injury to person or
property.
2. The building official may authorize the tem orar con-
e y
nection of a building, structure or building service equipment
to a source of energy, f ue1 or power prior to i ssui ng a certi
ficate of occupancy upon prior written application. The
written application shall:
a. Indicate the approximate length of time for
which utility service is needed;
b. Include a statement that assures compliance.
with this code prior to temporary and permanent occupancy
of the building ar structure and any other reasonable
conditions required by the building official for safety
purposes; and
c. Be signed by the person responsible far the work
requiring the temporary connection and the person in
charge of property as defined in section 8.001 of the
Eugene Code, 1971.
~c} Disconnection. The building official is hereby empowered
to disconnect or order the discontinuance of any utility service to
any property where the provisions of Chapter $ of the Eugene Code,
1971 are being violated in a dangerous or unsafe manner or where
work has been performed without a required permit. The building
official shall thereupon place a notice an the premises in a manner
to reasonably apprise those coming on the property of the disconnec-
tion. It shall be unlawful for any person to remove the notice of
disconnection. The building official shall authorize reconnection
of utility service only when he/she is satisfied the condition
which led to the disconnection will be expeditiously corrected ar
is corrected.
~14~ Subsection 34S a -Use or accu ancy, is amended to read:
~a~ Use or occupancy. No person in charge of property shall
use ar occupy, or shall cause to be used or occupied, any building
or structure, and no change in the existing occupancy classifica-
Ordi.nan~~e... - 15
tian of a building or structure or portion thereof shall be made
by any person in charge of property, until the building officio]
has inspected the building or structure or portion thereof and has
issued a certificate of occupancy therefor as provided herein.
X15} Section 34S - Certificate of Occu ancy, is hereby amended by
adding thereto subsections ~f} Statement_ required, fig} Certification of
tom 1 i once, h Records to _,.be ,._kept, ~ i } Transfer of. ,,,,,.hip, and ~ j }
~ } owners
Removal of notice, to provide: ~~~~ ~~~
~f} Statement re aired. 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 far which the proposed structure or alteration is
designed or intended to be used,
fig} Certi f~,,cat,i on of c,ampl i ante. Upon request of the owner
or other person, the ~~bui l~di ng official shat 1 issue i n writing over
his/her signature, a certificate of occupancy for any building or
parcel of land certifying that a proposed use or occupancy does
or does not conform to app]icable land use regulations.
~h} Records to be ke t. A record of all statements ar certi-
ficates shall be kept on file in the office of the buildin affi-
g
cial. A copy of the statement or certificate shall be issued upon
request.
~i} Transfer of ownershi .
~. Qutstandin~_code yia~,ations. No owner of a building
or premises or person in charge of~rproperty, upon wham any
permit, notice, ar order pursuant to this code has been given
in connection with the property shall sell, transfer, or
grant such property to another until compliance with the pro-
visions 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, trans-
fer, or grant is proposed. A purchaser, transferee, or
grantee who has been informed of the existence of such a per-
mit, notice, or order shall be bound thereby and shall secure
a certificate of occupancy as provided in section 3~8.
2. Transfer of certificate of occu ancy. The owner of
every new building, structures ar new use .established in an
existing building pursuant to a change of occupancy inspec-
tion and review or structural permit, and for which a certi-
f i cote of occupancy i s required, shal 1 not set 1, transfer,
ar grant such property to another without furnishing and
thereby transferring the certificate of occupancy to the pur-
chaser, transferee, or grantee.
~j} Removal of notice. No person shall remove, deface, or
tamper with any notice or order posted upon a building pursuant
to this code, unless first authorized by the building official,
~ 16} ~- new 5ecti on 30g- aemol i ti on Permit Procedures, i s added to
provide:
Dr~~-nanGef.
16
Section 309 - Oemalition Permit Procedures,
~a} Issuance of ermit. No building permit for demolition
or work involving demolition shat] be issued until the owner ar
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 secur-
ed against accessibility by children and other unauthorized per-
sons, and haw compliance with Chapter 44 ~Protection~of Pedestrians
Quring Construction ar demolition} of the Dregon State Structural
Specialty Code will be achieved, and has otherwise complied with
applicable state and local laws.
+ fib} Com letion. The building demolition far which a permit
~s issued shall be completed within 60 days of the date of the
permit. An extension of time may be granted by the building offi~
cial, provided the demolition is progressing satisfactorily.
~1a} Anew Section 310 -Movin Structures Procedures, is added to
provide:
Section 310 - Movin Structures Procedures.
~a} Inspection. Upon payment of an inspection fee as estab-
lished by resolution of the council, the building afficial shall
inspect the house, building, or other structure, and advise the
applicant whether ar not the same can be maned in accordance with
this section. No moving permit shall be issued until the building
yr structure has been so inspected.
fib} Bond. The applicant shall, upon filing the application,
pay to the city the moving permit fee in the amount established by
resolution of the council, and shall also file with the building
official a sufficient bond or cash deposit in an amount determined
necessary by the building official, but in no case less than
$2,000. The applicant shall certify that he/she will place the
building or structure, after moving the same, so as to meet the
following requirements:
1. The moved structure, including its foundation,
utility connections, additions, and alterations to the build-
ing at the new location, shall comply with all the applicable
codes and ordinances of the city relating to new construction,
2. The moved building shall be made to comply with all
the requirements of the applicable city code if the building
i s intended fora residential use.
3. The site improvements, including the plans filed in
accordance with section 310~e}, shall be installed.
4. The preceding requirements shall be completed within
180 days from the date of issuance of the moving permit,
~c} Insurance. An applicant fora permit to move a structure
shall file with the building official a copy of his/her public
liability and property damage insurance as required inspection
5.130 of this chapter.
~d} Fees. The fees to be paid by the applicant far the
inspection fee and moving permit fee as provided by section 314 a
~}
and fib} shall be established by resolution of the council. These
fees cover the initial building evaluation and the use of streets
.only and are not to cover casts for other services such as police
ar other escort services, posting of ~`No Parking" signs, traffic
Ord~i nand , - ll
re-routing, tree triming, moving, lifting, relocating, or other-
wise protecting publicly-owned utilities, or for protecting, moving,
or relocating privately owned vehicles or other private property,
Separate charges far such services shall be determined by the
affected department or agency and paid by the building mover.
fie} 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:
1. Reconstruction or alterations necessary to comply
with city law and the building official's report specified
in section 310~f}.
~. A plot plan of the site showing the proposed loca-
tion of all buildings and improvements, including driveways,
sidewalks, parking areas, and landscaping.
3. The additions, alterations, foundations, and other
improvements to be constructed or installed at the new site.
~f} Issuance or denial of ermits. The building official
shall investigate and examine the building proposed to be moved,
the streets and public and private property aver, along, or across
which the buTld~ng is proposed to be moved, and the new location
of the building, for the purpose of determining if the building
may be moved with safety and made to comply with all the require-
ments of the Eugene Code, 1911, 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 S of the
Eugene Cvde, 1971, and in the opinion of the building vfficia1,
the moving of the building will do no damage to any streets ar
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:
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.
~, That the building is in such a state of deteriora-
tion or disrepair, or is otherwise so structurally unsafe,
that it cannot be moved without endangering persons or prop-
erty.
3. That the building is structurally unsafe or unfit
for the purpose for which moved, if the new location is in
the city.
4. That the applicants equipment is unsafe and that
persons and property may be endangered by its use,
5. That zoning or other ordinances would be violated
by the building in its new location.
6. That for any other reason persons ar property would
be endangered by moving of the building.
fig} Use of dollies. A person engaged in the business of mov-
ing buildings shall use only dollies with rubber-tired wheels. The
weight of the building shall be supported an the dollies so that
Ordinance - 18
the wheel load will not exceed the pavement design as established
by the city engineer, ar properly designed planking shall be used
so as not to overload ar damage pavement or underground utilities
within the public streets. Planking sha11 be required over all
sidewalks and curbs aver which a building is moved.
~h} Trees. Any person moving any building or other struc-
ture 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
parks and recreation department,
~i} Buildin s an streets. It shall be unlawful fora ersan
P
moving a building or structure to leave the same standing on the
streets. He/she must keep the same moving with due diligence, and
a failure to da so far a period in excess of Z4 hours, Sundays and
legal holidays excepted, shall be deemed a nuisance. The city is
hereby authorized to dismantle and remove from the street a build-
ing left standing in excess of 24 hours. In order to carry out
the provisions of this section, the city is hereby authorized and
directed to employ such assistance as may be necessary for the
removal of such building ar structure without unreasonable delay.
The cast and expense of dismantling and removing a building or
structure shall be a charge against the person owning the struc-
ture. The city shall hold the lumber and other materials of which
the building was composed and shall have alien thereon in the
amount of the expense and cast of dismantling and removing the
same.
~} Removal of litter. A person moving a building or struc-
ture shall remove all litter, rubbish, or material caused by the
moving within a period of two days after the building has been
moved.
Section 4. Sections S.o1Q and $.015 of the Eugene Code, 1971, are
amended and a new Section 8.OZ0 added thereto, to read and provide:
8.D1D Structural S ecialty Code.
~1} As amended by this section and sections 8.x15 and B.QZO, the
Oregon State Structural Specialty Code and Fire and Life Safety Re ulations
and its A endix Cha ters as no g
PP p ~ w adopted by the State of Oregon department
of Commerce pursuant to OR5 455.75D to 456.885} as now enacted are hereb
adopted and violation thereof shall ca .y
nst~tute an offense against the city.
Copies of the code shall be f i 1 ed i n tri pl i cote i n the office of the ci t
y
recorder.
(2} The following parts of the Oregon State Structural S ecialt
Code and Fire and Life Safet e p y
y R gulations are not enacted:
~a} In section 1D3~a} reference to Appendix Chapter 2;
(b} Sections l04 to 1Q8 of Chapter 1;
~c} Chapters Z and 3;
~d} Appendix Chapters 2, 11, 23.
~3} then a term listed in Chapter 4 of the structural code is de-~
fined differently in section 8.oD1 of the Eugene Code, 1871, the definition
in section 8.001 shall be used unless the context in which the term is used
clearly requires use of the Chapter 4 definition.
Qrdi~nance~~- 19
8.415 Life Safety amendments to the Structural S ecialt Code.
The Dregon State Structural Specialty Code and Life Safety Regula-
tions are hereby amended as follows:
~1} Subsection 2345 d ,Snow Loads, is hereby amended to read:
~d~ Snow loads. The minimum snow load in the city for a
structure shall be 20 pounds per square foot at any ground eleva-
tion less than 844 feet above sea 1eve1 and 25 pounds per square
foot far any ground elevation more than 844 feet above sea level.
Snow loads full or unbalanced shall be considered in place of
other required loads when such snow loads are greater and wi11 re-
quire larger members or connections. Potential accumulations of
snow at valleys, parapets, roof structures, and offsets of roofs
of uneven configurations shall be considered in accordance with
commentary ~2} Snow Loads of the National Building Code of
Canada, 1970.
~2} Cha ter 44, Protection of Pedestrians Durin Construction or
Demolition, is hereby amended by adding Section 4414 Permit Re uired, to
read;
5ection,__44~~ - Permit_,,,Required. ~n addition to rights under
any other provi s~ an of Chapter ,.8~_ of the Eugene Code, 1971, any
person, on proof of necessity to the building official, and at the
time of the issuance of a building permit, may be entitled to a
permit for the use of the street, alley, sidewalk, or other public
thoroughfare upon a finding by the building official that:
~a} The following provisions have been complied with:
1. Insurance. No permit shall be issued by the building
official until the applicant first obtains and furnishes to
the city a copy of, or certificate of, insurance in the sum
of not less than $144,044 for personal injury or wrongful
death, $50,404 for property damage, and $300,040 on account
of one accident or occurrence, which will name and insure the
city from any and all liability or damages to persons or
property sustained by any person, firm, ar corporation result-
ing from the use of the street, alley, sidewalk, or other
public way for which a permit is granted.
2. Fee. The fee for such permit to cover the cost of
issuance of same, inspection and policing, shall be as estab-
lished by resolution of the council for all areas of streets,
alleys, sidewalks, or other public right-of-way obstructed
and used by such person obtaining a permit-~ If a person in
charge of property occupies a public way prior to issuance of
a permit, the fee for the permit shall be double the fee
otherwise established for the area occupied, from the time of
occupancy until the permit is issued.
3. Duration. A street permit sha11 be issued for a
period not exceeding 180 days, at the end of which time the
permit may be extended far another period or periods not ex-
ceeding 34 days or more if in the judgment of the building
official such extension is warranted by existing conditions.
Tn any event, the use of the public way by the permit holder
shall not be continued longer than is necessary.
4. Sus erasion. Such a permit may be suspended or
revoked if the holder thereof fails to comply with the condi-
Ordinance - 20
tions of the permit or any other provision regarding the use
of public streets and projections over public property.
fib} All costs far the rerouting of traffic, changes or re-
moval of traffic-control signals or signs, and the protection and
relocation of facilities in the public way are being borne by the
permittee.
~c} The use of the public way does not impede the safe and
adequate flow of pedestrian or vehicular traffic on the public way.
~3} Subsection 4505 b Projections and Clearance, is hereby
amended to provide:
fib} Projections and Clearance. A marquee may project a maxi-
mum of nine feet aver public property, provided the horizontal
clearance between the marquee and the curb or driveway line is not
less than two feet. No marquee shall project into a designated
fire or emergency vehicle lane. A marquee shall have not less
than eight feet clearance above the ground or pavement below.
8.020 Fire Safety Amendments to the Structural S ecialty Code. The
Oregon State Structural Specialty Code and Fire Safety Regulations
are hereby amended as follows:
~1} Section 1202 Construction Hei ht and Allowable Area, is
amended to read:
~a} General. Buildings or parts of buildings classified in
Graup R because of the use or character of the occupancy shall be
limited to the types of construction set forth in Tables 5~-C and
5-D, and shall not exceed, in area or height, the limit specified
in Sections 505, 505, and 507. All attached dwelling units shall
be separated from each other by a one-hour, fire-resistive occu-
pancy separation.
Spec i a 1,,, .,,P roy.
„i s~ ons.
~} _"
1. Group R,~~Division 1 occupancies, except apartment
houses, having more than 3,000 square feet of flour area above
the first floor shall be of not less than one-hour fire-
resistive construction throughout. In apartment houses,
,dwelling units shall be separated from each other by one-hour,
fire-resistive occupancy separation.
Exce Lion: Dwelling units within an apartment house not
over two stories in height may have non-bearing walls of
unprotected construction, provided the units are separated
from each other and from corridors by construction having a
fire-resistive rating of not less than .one hour. Openings in
such corridors shall be equipped with doors conforming tv sec-
tion 3304~h} regardless of the occupany load served.
2. Graup R, Division 1 occupancies providing low-income
elderly housing for 20 or mare persons and funded wholly or
in part by state or federal funds shall include a multi-
service room required by DRS 456.712. The multi-service room
shall be sited by the occupancy load of one person for each
bedroom in the low-income elderly housing see Table 33-A}.
As used in this section, "low-income elderly" means persons
over age 60 whose household income as defined in DRS 310.630
is less than $5,000 per year. The multi-service room shall
Grdi~nance.~- Z1
include adjacent toilet facilities far both sexes; a service
area with a kitchen sink, counter top, and upper and lower
cabinets; and a storage roam sized to store tables, chairs
ar benches, and janitorial supplies and tools. The multi-
service room and accessory rooms sha]1 be accessible to the
handicapped in accordance with the provisions of Chapter 31.
3. Group R, Qivision 1 Occupancies with a Group B, Divi-
sion ~ parking garage in the basement or first f]oor shall
comply with section 7Q2~a~.
4. attic space partitions and draft stops shall comply
with section 32Q5.
~ Z} Subsecti an 12IQ~a.} F.i re darn i n~ Systems i s hereby amended to
read : .------= ,_ ,.,.~.„~ ~__.~.,._ ,.. ,_,.._..~..~
~a~ Fire warnin Systems. Every existing and new structure
or building with a Graup R occupancy shall be provided with smoke
detectors conforming to UBC Standard 43-6 and the following:
1. In Group R, General Occupancies detectors shall be
located in accordance with approved manufacturers' instruc-
tions, when activated detectors shall provide an alarm in
the immediate area located, dwelling unit, guest/sleeping
room, corridors, etc, In new construction, required detectors
shall receive primary power from the building's electrical
wiring when such wiring i s served from a commercial source.
firing shall be permanent and without a disconnect switch
other than those required far over-current protection. Detec-
tors may be battery operated when installed in existing build-
ings, in buildings without commercial power, or in buildings
which undergo alteration, repair, etc., and when such work
does not involve the creation of additional units or is a
change of occupancy.
~. In Graup R, Division 1 occupancies every existing
dwelling unit within an apartment house, and every guest room
designed or used far sleeping purposes within a hotel or motel,
shall be equipped with an approved smoke detector, Detectors
within apartment dwelling units shall be mounted vn ceiling
or walls in each unit at a point centrally located in the
corridor or other area with access to the rooms used for
sleeping purposes. In efficiency or studio apartments and
within hotel and motel guest units, the detectors shall be
centrally located on the ceiling or wall. -Detectors inside
dwelling units or sleeping rooms, if a wall-mounted detector
is used, shall not be less than six inches or mare than I~
inches from the ceiling. ~fhere dwelling units and sleeping
roams are on an upper level, additional detectors shall be
placed at an accessible location as close as practical to the
center of the ceiling directly above the stairways. The owner
of each hotel or motel, or his designee, shall inspect and
service each detector every 12 months. ~ record shall be
maintained for each detector listing the date installed,
dates inspected, and dates serviced, if any, This record
shall be available for inspection by the fire marshal, The
fallowing shall apply to smoke .detectors within apartment
house dwelling units:
Or~inan~ce -~ ~2
a. The building owner or his designee shall post
written instructions for the operation of the detector
within each dwelling unit.
b. The tenant of each dwelling unit sha11 be res-
ponsible far periodically testing the unit's detector.
The building owner or his designee shall not be respon-
sible if a tenant removes a battery from a detector,
c. Upon failure of the detector, the tenant sha11
deliver a written notice of failure to the building owner
or his designee.
d. The owner shall replace or repair the defective
detector within ten ~1D} days of the date of notice.
3. In Group R, Division 3 occupancies every existing
dwelling that ~s being rented, leased, or is otherwise being
occupied far consideration, and each guest/sleeping roam in a
lodging house, shall be equipped with an approved detector.
Detectors within qualifying buildings shall be mounted an the
ceiling or wa11 at a point centrally located in each corridor
or area giving access to rooms used for sleeping purposes.
when activated, the detector shall sound an alarm audible in
sleeping rooms. The following shall apply to such detectors:
a. The building owner or his designee shall post
written instructions for the operation of the detector
within each dwelling unit.
b. The tenant of each dwelling unit shall be res-
ponsible for periodically testing the unit's detector.
The building owner or his designee shall not be respon-
sible if a tenant removes a battery from a detector.
c. Upon failure of the detector, the tenant shall
deliver a written notice of failure to the building owner
or his designee.
d. The owner shall replace or repair the defective
detector within ten X14} days of the date of notice.
4. Na owner shall sell, transfer, or otherwise convey
a private dwelling without first installing smoke detectors
within the dwelling as prescribed in section 1210~a} as
amended.
~3} Section 1310 Fire Extin uishin Systems, is hereby amended to
read:
~a} Group SR, Division 1 occupancies:
1. General. Partial automatic sprinkler system is
required as specified.
a. Automatic sprinklers as specified in NFPA Stand-
ard 13, 1915 edition, using standard pipe suing and head
spacing in required location shall be installed in the
following area:
~1} exit corridors;
~~} exit stairways;
~3} inside room entrance corridor} doors or
other openings which face on interior exit ways.
Single~-head locations shall be no more than six and
no less than four feet inside doors except that
when side-wall sprinklers are used they shall be
rd ;~~nan~e,.~ -
• ~~
located above the openings.
~4} any other points necessary to ensure the
protection of the exit way.
b . A water supply shall be provided sufficient to
operate at 1 east five sprinkler heads simultaneously for
a period of 2D minutes at a residual pressure of not less
than 15 pounds a square inch at the highest head in the
system. Such supply may originate from:
~1} domestic water supply;
~Z} separate connections to public mains;
~3} on-site reservoirs or tanks, or
~4} wet standpipe lines.
c. Building fire-alarm systems shall be connected
to a sprinkler system water-flow device.
d. Systems shall be equipped with afire department
connection and a swing check valve an the supply side.
ExCEPTIaN: The fire department connection may be
. omitted when the water supply to the building is capable
of simultaneously operating the number of sprinkler heads
installed in the two largest separate areas which are
directly interconnected by a normally closed door, or
when waived by the fire chief.
2. Full fire ratection. Then required by other provi-
sions of this code, complete automatic fire extinguishing
systems and stand pipes shall be installed as specified in
Chapter 38.
fib} Grou SR, Division 2 occu ancy. ~- complete automatic
fire extinguishing system and stand pipes shall be installed as
specified in chapter 38 only when required by other provisions of
this code.
~4} Section 1313, Fire Alarms, fis hereby amended by adding an
additional paragraph at the end of the second paragraph to read;
The building owner or his designee shall inspect and service
each detector every six months. A record shall be maintained of
each detector ]fisting the date installed, dates inspected, and
dates serviced, if any. This record shall be available for
inspection by the fire marshal.
5 Subsection 38„~1 d Stan_,_~_
~ } ~~_..~.__~.,.~~.,.__,_dards, fi s hereby amended by deleting
the words "UBC Standards Nos. 38-1, 38-2, and 38-3" including the same word-
ing as appears fin exception number one and replacing in both locations the
wards "Standard for the Installation of Sprinkler systems, NFPA 13, 1978
Edition, as adopted and copyrighted by the National Fire Protection Associ-
ati on . "
~5} Section 38D2 b , there Re uired is hereb amended b addi
y y ng
subparts E. and F. to Subdivision 1. entitled, All occupancies, except Group
R, Division 3, Group M, to read:
E. In every existing or new building or structure which has
no access to a public street except by way of a pedestrian mall
or to which access by f i re~-f i ghtfi ng equipment i s restricted by one
or more structures or amenities in the public street or right-af-
way, the requirements to apply one year after construction of the
building or the making of a restriction, whichever time is the
later; provided, however, the area and height increases specified
Drd~ nahc~~ - 24
in Section 506~c} and 507 sha11 be permitted.
F. In every existing or new building or structure five or
more stories or,greater than 45 feet in height; provided, however,
the respective Increases for area and height specified in Section
506~c} and 507 shall be permitted and the allowance far reduction
from the requirements of this code contained in Section 1$07~m}1.
and 2. shall be allowed. Far purposes of this section, the number
of stories or heights of the structure shall be measured from the
lowest level of fire department vehicle access.
~7} Subdi vi si an Z.A of Subsection 3802 b Where Re ui red, i s
hereby amended to read:
2. Grau A Occu ancies.
A. In basements and. cellars of more than 1,500 square
feet in floor area, and as required by the fire code as amend-
ed by section $.2007}fig} of the Eugene Code, 1971.
~$} Subdivision 3.A. of Subsection 3$02 b Where Re wired, is
hereby amended to read:
3. :Grou~E ~ccupaneies.
~. Tn basements and cellars of more than 1,500 square
feet in floor area, and as required by the fire code as
amended by section $.2001}fig} of the Eugene Code, 1971.
~9} Subsection 3$02 b ,Where Re wired, is hereby amended by add-
ing a subdivision 8. Grau R Dccu ancies, Exce t Grou R Division 3, and
Grau M, to read:
$. Grau R Gccu ancies exce t Grou R, Division 3 and
Gro uNp_M . .
A. For Group R occupancies, the provisions in Subdivi-
sion 1. F. of Subsection 3802~b} shall not apply to existing
structures so long as the R occupancy is in substantial com-
pliance with all present codes, and equipped with smokeproof
towers, combination standpipes, and supervised fire alarms
with manual pull stations. Upon recommendation of the fire
marshal and. approval of the Structural Specialty Code Board
of Appeals Group R occupancies may be permitted to have a
less extensive sprinkler system protecting only the exit sys-
tem of the building, in lieu of other requirements of Subsec-
tion 3$02~b}. The exit-protection must include automatic
sprinklers i n al 1 exit ways, automatic sprinkler heads i n
each individual living unit, and an approved battery or elec-
. trically operated smoke detector in each living unit. Sprink-
ler heads within living units shall be located no closer than
four feet and no further than six feet from the corridor door.
Side-wall mounted sprinkler heads may be used within a living
unit if the spray from such heads will completely cover the
door area tv be protected.
B. Smoke detectors shall be governed by Subdivision
1210~a}2.
X10} Subsection 3$03 a , General, is hereby amended to read:
~a} General. Standpipes shall comply with the requirements
of this section and with NFPA No. 13, 1918 edition, as adopted and
copyrighted by the National Fire Protection Association. Stand-
pipe systems are classified as follows:
Class 1. A wet standpipe system for use by the fire
~rdi~nance~~- 25
department and those trained in handling heavy fire streams
~Z-1/2" hose};
Class Z. ~ wet standpipe system for use by the building
occupants until the arrival of the fire department ~~-~~/2"
hose};
Class 3. A wet standpipe system for use by the fire
department ~2-~/2" or larger hose}.
A combi nati on..~~standp~ pe system. A combi ned sprinkler and
wet standpipe system is where the water piping serves both
2-1/2 inch hose outlets for fire department use and outlets
~ spri nkl er heads} for automatic sprinklers,
~~1} Section 3$D3, Stand i es, is hereby amended by adding Subsec-
tion ~f} to read:
~f} Location of combination stand i e system. ~ combination
standpipe shall be provided for each stairway or smoke-proof enclo-
sure which extends from the top floor to the ground story in build-
ings four or more stories in height. Combination standpipe systems
shall have outlets so located that all portions of the building and
all roams and other spaces are within 20 feet of the nozzle
attached to 1Da feet of hose.
1. Size. Combination standpipe systems shall be not
less than four inches in diameter in buildings in which the
highest outlet is less than 75 feet from the fire department
connection and shall be not less than six inches in diameter
where the highest outlet is 75 feet or more above that connec-
tion.
~. Construction and Testi n Fitti ngs and connections
shall be of sufficient strength to withstand 3DD pounds of
water pressure per square inch when ready for service. All
combination standpipes shall be tested hydrostatically to
withstand such pressure for two hours, but in no case shall
the pressure be less than 50 pounds per square inch above
the maximum working pressure.
3. Riser shut-off valve and drain. Each individual
riser shall be equipped with an 05 and Y valve at its base
and an approved valve for draining.
4. Fire de artment connections. All four inch cambina-
tion standpipes shall be equipped with two-way fire department
connections. All six-inch combination standpipes shall be
equipped with four-way fire department connections. Combina-
tion standpipe systems with three or more standpipes shall be
provided with at least four-way fire department inlet connec-
tions. Each fire department connection shall be located on a
street front not less than 1$ inches nor more than four feet
above grade and shall be equipped with an approved straight-
way check valve and substantial plugs ar caps. All fire
department connections shall be inspected against mechanical
injury and be visible and accessible. The number of fire
department connections shall be the number that the fire de-
partment finds necessary for adequate fire protection.
5. Qutlets. Every standpipe shall be equipped with a
2-~/2" outlet with adapters far 1-~/~ inch hale not less than
two feet nor mare than four feet above the floor level at
Ord.~inanc.~~ - 26
each story. All standpipes shall be equipped with a three~-
way 2.112 inch outlet above the roof line when the roof has
a pitch of less than four inches in 12. Roof outlets are not
required for roofs with a pitch greater than four inches in
12. A11 outlets shall be installed so that a 12 inch wrench
may be used in connecting the hose, with a wrench clearance
on all sides of the outlet. A standpipe located in a smoke-
proof enclosure shall have an outlet in a vestibule or bal-
cony. A11 such outlets shall be provided with 10D feet of
1-1/~ inch, approved-fabric hose that is equipped with an
adjustable law-pressure spray nozzle that is approved by the
fire department. An approved hose and nozzle shall be
installed in a hose cabinet, and a dripcock or drain connec-
tion likewise approved shall be located between the standpipe
outlet and the hose. Roof outlets and outlets in buildings
or portions of buildings equipped with a complete automatic
fire extiniguishing system may not be provided with hoses.
In areas subject tv freezing, wet standpipe systems shall be
protected from freezing.
6. Signs, An approved, durable sign with raised letters
at least one inch high shall be permanent]y attached to all
fire department connections and test connections and shall
read: "Combination standpipe and test connection."
~12~ Subsection 1215 m ,Alternates, of Appendix Chapter 12 is
hereby amended to provide:
~m~ No alternate method of obtaining the fire protection
and safety required by this section may be used unless speci-
fically provided for by the structural specialty code, as
amended, or sections 107, 108, and 109 of the administrative
code, or unless the board of appeals finds that such alternate
method provides protection and safety equivalent to that re-
qui red herein .
Section 5. A caption and Section 8.050 is added to the Eugene Code,
1971, to read and provide:
One and Two Family Dwellin Specialty Code
8.050 One and Two Family Dwellin S ecialty Code.
~1~ As amended by this section the One and Two Family Dwelling
Specialty Cade has adopted by the State of Oregon Department of Commerce pur-
suant to ORS 456.75D to 456.885} as now enacted or hereafter amended is
hereby adopted and violation thereof shall constitute an offense against the
city,
~ 2} Chapter 1 of the One and Twa Family Dwel 1 i ng Specialty Code
is not enacted.
~3~ There omissions or conflicts occur between the One and Two
Family Dwelling Specialty Code and the Oregon State Structural Specialty Code
and Fire and Life Safety Regulations, the Structural Code shall prevail.
Qrd~~nanc~ - ~7
Section 6. Section 8.075 of the Eugene Code, 1971, is amended to read
and provide:
8.075 Electrical S eci a1 ty Code .
~1} As amended by this section, the Oregon Electrical Safety Spe-
cialty Code has adopted by the State of Oregon Department of Commerce pursu-
ant to ORS 456.750 to ORS 456.885} as now enacted is hereby adopted and vio-
lation thereof shall constitute an offense against the city. Copies of the
code sha11 be filed in triplicate in the office of the city recorder.
~2} Chapters 2 and 3 of the Oregon Electrical Safety Specialty
Code are not enacted.
~3} when a term listed in section 103 of the electrical code is
defined differently in section 8.401 of the Eugene Cade, 1971, the definition
in section 8.001 shall be used unless the context in which the term is used
clearly requires use of the section 103 definition.
Section ?. Sections 8.080 and 8.135 of the Eugene Code, 1911, are
hereby repealed.
Section 8. Section $.495 of the Eugene Code, 1971, is amended to read
and provide:
8.495 Mechanical Specialty Code.
~1} As amended by this section the aregon State Mechanical Speci-
alty Code and Mechanical Fire and Life Safety Code has adopted by the. State
of Oregon Department of Commerce pursuant to OR5 456.750 to ORS 456.8$5} as
now enacted or hereafter amended are hereby adapted and violation thereof
shall constitute an offense against the city. Copies of the code shall be
filed in triplicate in the office of the city recorder.
~~} Chapters 1, ~ and 3 of the Oregon State Mechanical Specialty
Code and Mechanical Fire and Life Safety Cade are not enacted.
~3} When a term listed in Chapter 4 of the Mechanical Code is
defined differently in section 8.001 of the Eugene Code, 1971, the definition
in section 8.001 shall be used unless the context in which the term is used
clearly requires the use of the Chapter 4 definition.
Section 9. Sections 8.556, 8.557, and 8.580 of the Eugene Code, 1971,
are repealed, and Sections 8.555 and 8.579 of that Code are amended, to read
and provide:
8.555 Oregon Plumbing Specialty Code.
(1) As amended by this section and section 8.579 the Oregon State
Plumbing Specialty Gode (as adopted by the Oregon Department of Commerce
Ord-inanc~~ - Z8
pursuant to ORS 456,750 to 456.585} as now enacted is hereby adopted and
violation thereof shall constitute an offense against the city. Copies of
the code shall be filed in triplicate in the office of the city recorder.
~2} When a term listed in Chapter 1 of the Oregon State Plumbing
Specialty Code is defined differenty in section 8.ao1 of the Eugene Code,
1971, the definition in sectian S.o01 shall be used unless the context in
which the term is used clearly requires use of the Chapter 1 definition.
5.579 Ore on Plumbin S ecialty Code ~- Amendments. The Oregon State
Plumbing Specialty Code is hereby amended as follows:
~1} Section 1o2, the definition of "Administrative Authority" is
amended to provide:
~c} Administrative Authority -the building official or his
/her designee charged with administering and enforcing this code.
~2} Section zq1, ,s,ubsection ~c~, the last sentence thereof is
amended as follows:
For the convenience of this code, a list of generally accepted
plumbing material standards i s incorporated and designated as
Table A, "Plumbing Material Standards," pages ~1 through 25 of the
1976 Uniform Plumbing Code, as published by the International
Association of P1 umbi ng & Mechanical Off i ci a1 s.
~3} Section 303 subsections c and d -Sewer Re wired, are
added and shall provide:
~c} Every building within the city in which plumbing fixtures
are installed shall be required to be connected to the public sani-
tary sewer system as provided in section 6.Q70 of the Eugene Code,
1971.
~d} No person shall connect a sewer ar drain pipe directly
to a sewer line designated as a main trunk sewer. The city engi-
neer shall determine and establish classification of these main
trunk line sewers into which no connection will be allowed. Prop-
erty that has not been assessed for a direct benefit of a trunk
1 i ne shat 1 also be excluded f ram the utilization of this 1 i ne far
the purpose of attaching building drains. Property having been
assessed fora direct benefit of a sewer classified as a main
trunk sewer by the city engineer shall be granted the right to
hook up; provided no other lateral service is available to the
property. Before any person shall be permitted to connect a sewer
directly with the main trunk line sewer, the person shall first pay
to the city the fee required by resolution of the council for per-
mission to connect. If, after due consideration, the administra-
tive authority deems it proper that the connection be made, he
shall grant permission, and the sewer connection shall be made
and installed under the direction of the administrative authority
and in no other manner.
~4} Section 14x9, S ecifications of a Dry Well or Rain or Storm
Dater Dis osal, subsection a , is amended so that the first sentence reads:
"Dry wel 1 s, when permitted by the administrative authority,
shall be constructed based upon engineering study and soil test."
Section 1a. Sections 5.900 and 8.910 ofi the Eugene Code, 1971 are re-
Drd ~~~nances - 29
pealed, and Sections 8.895, 8.905, and 8.915 are amended to read and provide:
. .
_ g ,_ Code - Ado ted.
.895 Un i f a rm Sw~ mm ~ n _... Po01,,.,.,,_ .,,.,,,..,,,, .,__,.P,
~ 1~ As amended by this section the ^1982 Edition of the Uni farm
Swimming Pool, Spa and Hat Tub Code, as published and copyrighted in 1982 by
the Tnternational Association of Plumbing and Mechancial Officials is hereby
adopted, incorporated as part of the Eugene Cade, 1971 by this reference and
violation thereof sha11 constitute an offense against the city. Three copies
of the code shall be filed in the office of the city recorder.
~2~ Sections 1.5 to 1.18 of Part 1 of the Uniform Swimming Pool,
Spa and Hot Tub Code are not enacted.
~3} As used in the Swimming Pool Cade the term "Administrative
Authority' shall mean the building official or his/her designee charged with
administering and enforcing this code.
~4~ 4~hen a term listed in Chapter 1 of the Swimming Pool Code is
defined differently in this section or in section 8.001 of the Eugene Code,
1971, the definition in this section and section 8.OOl shall be used unless
the context in which the term is used clearly requires the use of the Chapter
1 definition.
Swimmin~Paols Fences or ^~
_. ~~.,.. ~ `~...., ,.~,,,,. wa 11 s .
~1} Every person in possession of land within a residential dis-
trict, either as owner, purchaser under contract, lessee, tenant or licensee,
upon which is situated a swimming pool or other outside body of water design-
ed or used for swimming, dipping or immersion purposes of a depth of more
than 18 inches, shall maintain an enclosure on the lot and completely sur-
rounding the pool or other body of water, The enclosure shall consist of a
fence which, if constructed with woven wire, shall be of a pattern and type
and, if built of wood, to be built of a vertical member type, such as to dis-
courage children from climbing over. The enclosure must be acceptable to the
building official. The enclosure may also consist of a wall not less than
four feet in height above the underlying ground or base. All enclosures must
be incapable of being crawled under, and sufficient to make the body of water
inaccessible to small children, with openings, holes or gaps therein no
larger than four inches in any dimension except far doors or gates. Tn the
event a picket fence is used, the openings between the pickets shall not ex-
ceed four inches in width; provided, that a dwelling house ar accessary
building may be used as a part of an enclosure.
~2~ All gates or doors opening through such enclosure shall be
equipped with a self-closing and self-latching device installed at least 40
inches above the ground ar base, capable of keeping such door or gate
securely closed at all times when not in actual use; provided, however, that
the door of any occupied dwelling forming any part of the enclosure herein-
above required need not be so equipped.
8.915 Tna licability of Sections. Sections 8.895 and 8.9x5 shall not
apply to public swimming pools and/or wading pools maintained and
operated by the city.
Ord~~nanc~~: - 30~
Section 11. Section 8.950 of the Eugene Code, 1971, is amended to read
and provide;
H.950 Rehabilitation of Existin Structures.
~1) A11 existing structures, required to be rehabilitated by the
City of Eugene's Urban Renewal Plan adopted and approved by the city council
by Resolution No. 1609, shall be rehabilitated in accordance with the plan
and with Chapter $ of the Eugene Code, 1911, by no later than January 1, 1976.
~2} The Urban Renewal Agency of the City of Eugene and the build-
ing official together may modify the standards for an individual structure
or use if they find and determine that all of the following conditions exist:
~a) The structure or use cannot feasibly be made to comply
because of existing site use or other physical limitations;
fib) The reduction of such standards will not exert an adverse
effect on the project area;
~c) To remain economical, life of such structure shall not be
less than 30 years; and
~d) The reduction of such standards will not otherwise
adversely affect the health, safety and welfare of the occupants
or persons using the structure or the project area.
~3} Notwithstanding the provisions of subsection ~2} of this sec-
tion, no structure to be rehabilitated shall fail to comply with any applies
cable codes, ordinances, ar statutes, relating to existing structures.
~4) Ali definitions, substantive and procedural requirements,
and all penalties, civil or criminal, established by Chapter 5 of the Eugene
code, 1971, shall apply to and govern the rehabilitation of structures under
this section.
Section 12. Sections 8.890 and 8.895 are added to the Eugene code, 1971,
and the caption and Section 8.990 thereof is amended, to read and provide:
Enforcement and Penalties
5.980 Abatement. Any building, structure or building service equipment
erected, constructed, enlarged, altered, repaired, moved, improved,
converted or demolished, equipped, used, occupied or maintained contrary to
the provisions of this chapter shall be and is hereby declared unlawful and
a public nuisance, and may be abated as such.
8,955 Injunctive Relief. In addition to any other remedy or penalty
available far enforcing the provisions of this chapter, the city
manager may institute any administrative or judicial action to enjoin the
violation of any provision of this chapter.
$.990 Penal ti es - General _
Ord~~nanee~ ~ 31
~1} A person who:
~a} ~liolates, or procures, aids or abets in the violation of
any final order or determination concerning the application of a
provision of any code adopted in this chapter; or
fib} Engages in or procures, aids or abets any other person
to engage in any conduct o.r activity for which a permit, certifi-
cate, label~or other formal authorization is required by any code
adopted in this chapter, or any other regulation issued thereunder
without first having obtained the required permit, certificate or
label ar other formal authorization therefor,
shall be subject to a civil penalty upon conviction thereof of not less than
$50, nor more than $200 fora first offense. Fora second offense committed
within 12 months from the~date that the first offense was committed, a pen-
alty of not less than $Z04, nor more than $400. Fora third offense commit-
ted within a 12~month period from the date the first offense was committed,
the penalty shall be $500. In the case of a continuing violation, every
day's continuance of the violation is a separate violation.
(2} The civil penalties impaled by this section are in addition
to any other penalty or fee assessed by this chapter and to any other
enforcement action authorized.
Section 13. References contained in this Ordinance to provisions of the
Eugene Code, 1971 which have heretofore been amended, added, or renumbered
but are not yet effective are intended to be references to those sections as
constituted an their effective date.
Section 14. The City Recorder, at the request of or with the concur-
rence of the City Attorney, is authorized to administratively change refer-
ences in other sections of the Eugene Code, 1971 to sections amended, added
or repealed herein as may be necessary to correctly reflect the intent here-
of,
Section 15. That the matters contained herein concern the public health,
welfare and safety and therefore, an emergency is hereby declared to exist,
and this Ordinance shall become effective immediately upon its passage by
the City Council and approval by the Mayor.
Passed by the City Council this
Approved by the Mayor this
13th day of October, 1956 13th day of October, 1986
0rdrinaA~c~ - 3~
City Recorder
yor