Chapter 18.04
ADMINISTRATION

Sections:

18.04.010    Title.

18.04.020    Severability.

18.04.030    Purpose.

18.04.040    Scope.

18.04.050    Conflicting provisions.

18.04.060    Codes.

18.04.070    Definitions.

18.04.080    Alternate materials and methods.

18.04.090    Modifications.

18.04.100    Tests.

18.04.110    Unsafe buildings.

18.04.010 Title.

This title shall be known as the “building regulations,” and may be so cited and pleaded and is referred to herein as “this title.” (Ord. 5647 § 1 (Exh. A), 2006).

18.04.020 Severability.

If any section, paragraph, subdivision, clause, sentence, or provision of this title shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this title or this code, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered, it being the intent of the governing body to enact the remainder of this title notwithstanding the parts to be declared unconstitutional and invalid. (Ord. 5647 § 1 (Exh. A), 2006).

18.04.030 Purpose.

The purpose of this title is, consistent with available resources, to establish uniform performance, minimal standards, enforcement procedures, and administrative standards in order to provide reasonable safeguards for the health, safety, welfare, comfort and security of the residents of this jurisdiction, and to provide for the use of modern methods, devices, materials, techniques, practicable maximum energy conservation standards, and fire and life safety features in the construction and use of structures. (Ord. 5647 § 1 (Exh. A), 2006).

18.04.040 Scope.

This title shall apply to new and existing construction and premises, and construction-related activities including, but not limited to, installation of: electrical, plumbing, mechanical, energy, grading, disability access, alteration, moving, demolition, repair, maintenance, fire and life safety and work associated with any building, structure, premises, property, or license regulated by this title, mandated under any of the Oregon Construction Specialty Codes, rules or statutes, and/or regulated by various other codes of the City of Albany, including zoning or land use regulations. The City of Albany enforces the State Building Code as per ORS Chapter 455 and the rules adopted thereunder. (Ord. 5647 § 1 (Exh. A), 2006).

18.04.050 Conflicting provisions.

Where, in any specific case, different sections of this title specify different materials, methods of construction or other requirements, the most restrictive shall govern, except in cases where the minimum/maximum provisions of the State Building Code apply. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Ord. 5647 § 1 (Exh. A), 2006).

18.04.060 Codes.

(1) State Building Code. The provisions of the State of Oregon Building Code, as provided in ORS 455.010, are hereby adopted by reference. The State Building Code is on file in the Community Development Department of the City of Albany.

(2) Fire Code. Where requirements of this title do not provide necessary regulation or are not fully detailed with regard to processes, methods, specifications, equipment testing, and maintenance, standards of design, performance, and installation, and other pertinent criteria, the applicable standards and requirements of the State Fire Code shall apply, copies of which are on file in the Fire Department of the City of Albany. Said volumes and all subsequent editions of these codes, including all amendments, are hereby incorporated in this title by reference.

(3) Development Code. Nothing in this title is intended to permit the establishment or conversion of any structure or use of any land in any zone which is not in accordance with the applicable sections of the Albany development code. (Ord. 5647 § 1 (Exh. A), 2006).

18.04.070 Definitions.

For the purpose of this title, the following definitions shall apply:

(1) “Adjacent property” means property that has a common border with another property or tax lot. Does not include property separated by roads, rivers or other such separations.

(2) “Approved” means approved by the Building Official.

(3) “Attractive nuisance” means a condition that may attract and injure children, vagrants, or other unauthorized trespassers.

(4) “Basement” means that portion of a building which is partly or completely below grade.

(5) “Bathroom” means a room containing plumbing fixtures including a toilet, lavatory, and bathtub or shower.

(6) “Bedroom” means a room which is designated as a bedroom on the applicable plans or documents or which, in the reasonable opinion of the Building Official, is likely to be regularly used for sleeping purposes. In making this determination, the Building Official shall consider the following factors, the presence or absence of which shall not be conclusive:

(a) The presence of a closet (usually found in a bedroom);

(b) The presence of an exterior window (usually found in a bedroom);

(c) The size of the room (bedrooms are usually less than 350 square feet);

(d) The presence of plumbing (usually absent in a bedroom);

(e) The presence of heating (usually found in a bedroom);

(f) The number of other designated bedrooms relative to the size of the entire structure (typically, homes over 1,000 square feet in size have three bedrooms and homes over 2,000 square feet in size have more than three bedrooms).

(7) “Building” means a structure used or intended for supporting or sheltering a use or occupancy.

(8) “Building Official” shall mean the Albany Building Official Manager or Deputy thereof, with powers granted by ORS 455.153.

(9) “Building service equipment” means all support systems/equipment such as piping, ducts, vents, and other components of systems other than portable appliances that are permanently in place to serve the building.

(10) “Certificate of occupancy” means a certificate of approval issued by the Building Official after all provisions of the building code, laws, codes and conditions of approval enforced by the Building Official are met for a commercial building. The certificate of occupancy for a residential building is considered the same as the final approval of the permit after the building is constructed and all corrections have been completed.

(11) “Concurrent plan review” means a review of a construction application by one or more other divisions at the same time the building inspection plans reviewer is reviewing the application for compliance with the State Building Code.

(12) “Condemnation” means to adjudge unfit for occupancy.

(13) “Dwelling unit” means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with housekeeping facilities for living, sleeping, cooking, and eating.

(14) “Dwelling unit, quad” means a dwelling, which for purposes of this code shall count as two dwelling units, which has separate sleeping and living quarters for four individuals but which is centered around a common kitchen facility.

(15) “Dwelling unit, quint” means a dwelling, which for purposes of this code shall count as two and one-half dwelling units, which has separate sleeping and living quarters for five individuals but which is centered around a common kitchen facility.

(16) “Easement” means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on, or above a said lot or lots.

(17) “Enforcement action” means an action in which an order to correct has been issued, or which seeks or results in a civil penalty.

(18) “Exterior property” means the open space on the premises and on adjoining property under the control of owners or operators of such premises.

(19) “Extermination” means the control and elimination of insects, rats, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

(20) “Garbage” means food waste, animal and vegetable waste, dead animal carcasses, refuse, rubbish, trash, or other useless or discarded material.

(21) “Guard” means a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

(22) “Habitable space” means space in a structure approved for living, sleeping, eating or cooking. Bathrooms, toilet rooms, garages, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

(23) “Housekeeping unit” means a room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.

(24) “Imminent danger” or “imminent hazard” means a condition which could cause serious or life-threatening injury or death at any time.

(25) “Infestation” means the evidence, within or contiguous to a structure or premises, of insects, rats, vermin, or other pests.

(26) “Inoperable motor vehicle” means a vehicle which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

(27) “Junk” means all inoperable motor vehicles, in which multiple major components are defective or removed for more than 30 consecutive days; any motor vehicle which has been unlicensed for more than 30 consecutive days; defective motor vehicle parts, abandoned automobiles, used tires, inoperable and defective machinery, or parts thereof, inoperable and defective appliances and parts thereof, metal portions of inoperable machinery, broken glass, empty glass, plastic or metal containers, scrap lumber, broken furniture, other wastes and/or discarded materials.

(28) “Labeled” means devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.

(29) “Let for occupancy” or “let” means to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises, or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

(30) “Nonconforming” means any building, premises, or structure which lawfully existed prior to the effective date of the ordinance codified in this code, but which, due to the requirements adopted herein, no longer complies with one or more provisions of this code.

(31) “Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.

(32) “Occupant” means any individual living or sleeping in a building, or having possession of a space within a building.

(33) “Openable area” means that part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

(34) “Operating plan” means a state-mandated document, as required by OAR 918-020-0080, created and maintained by the Building Official, that outlines policies, procedures, rules, timelines, hours of operation and general administrative procedures describing the operation of the building division.

(35) “Operator” means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

(36) “Owner” means any person, agent, firm, or corporation having a legal or equitable interest in a property; or recorded in the official records of the state, county or municipality as holding title to a property; or otherwise having control of a property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

(37) “Permit” means an official document or certificate issued by the Building Official authorizing performance of a specified activity.

(38) “Person” means a natural person, heir, executor, administrator or assign, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

(39) “Portable structure” means a structure that is easily moveable, is of a size which accommodates portability, and is otherwise constructed for easy movement. Portable structures are typically regulated by state agencies and are not built in a location where the structure is intended to remain permanently.

(40) “Premises” means any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent. For premises consisting of more than one unit, premises may be limited to the unit or the portion of the premises on which any nuisance activity has occurred or is occurring, but includes areas of the premises used in common by all units of property including, without limitation, other structures erected on the property and areas used for parking, loading, and landscaping.

(41) “Public way” means any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

(42) “Rooming house” means a building arranged or occupied for lodging, with or without meals, for compensation, and not occupied as a one- or two-family dwelling.

(43) “Rooming unit” means any room or group of rooms forming a single habitable unit occupied, or intended to be occupied, for sleeping or living, but not for cooking purposes.

(44) “Rubbish” means combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

(45) “State Building Code” means all of the combined specialty codes together, including the electrical, plumbing and mechanical codes, as provided in ORS 455.010(8).

(46) “Strict liability offense” means an offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

(47) “Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

(48) “Substandard” means in violation of any of the minimum requirements as set out in this title or in the building code in effect at the time the structure was built.

(49) “Temporary buildings or structures” means buildings and/or structures erected for use of very limited duration and not taking the place of permanent buildings or structures; including, but not limited to, tents, trailers, motor homes, RVs, sheds, cargo containers, boxes, crates, pallets, and hooches.

(50) “Tenant” means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

(51) “Toilet room” means a room containing a water closet or urinal, at minimum, but may also include a lavatory, bathtub, or shower.

(52) “Valuation” or “value,” as applied to a building and its building service equipment, shall be the estimated cost to build or replace the building and its building service equipment in kind, based upon current costs.

(53) “Ventilation” means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

(54) “Workmanlike” means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

(55) “Yard” means an open space on the same lot with a structure. (Ord. 5647 § 1 (Exh. A), 2006).

18.04.080 Alternate materials and methods.

(1) The provisions of this title are not intended to prevent the use of any alternate material, design or method of construction not specifically prescribed by this title, provided such alternate material, design, or method has been approved and its use authorized by the Building Official.

(2) The Building Official may approve any such alternate material, design or method, provided the Building Official finds that the proposed material, design or method complies with the provisions and intent of this title and that it is, for the purpose intended, at least the equivalent of that prescribed in this title in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

(3) The Building Official may require that evidence or proof be submitted to substantiate any claims that may be made regarding the use of such alternate material, design, or method. The details of any approval of any alternate material, design, or method shall be recorded and entered in the files of the City. (Ord. 5647 § 1 (Exh. A), 2006).

18.04.090 Modifications.

When there are practical difficulties in carrying out the provisions of the technical codes or this title, the Building Official may grant modifications for individual cases, provided the Building Official finds that the modification is in conformance with the intent and purpose of the technical codes or this title and that said modification does not lessen any health, life safety, or fire-protection requirements, nor any degree of structural integrity. (Ord. 5647 § 1 (Exh. A), 2006).

18.04.100 Tests.

(1) Whenever there is insufficient evidence of compliance with the provisions of this title or the technical codes, or that any material, method or design does not conform to the requirements of this title or the technical codes, the Building Official may require tests or engineering reports as proof of compliance to be made at no expense to this jurisdiction.

(2) Test methods shall be as specified by this title, the technical codes, or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Building Official shall determine test procedures.

(3) All tests shall be made by a testing agency approved by the Building Official. The Building Official shall retain reports of such tests for the period required for the retention of public records. (Ord. 5647 § 1 (Exh. A), 2006).

18.04.110 Unsafe buildings.

All buildings described in Chapter 18.28 AMC are declared to be unsafe buildings for the purposes of this section. All such unsafe buildings are public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures described in Chapter 18.28 AMC. (Ord. 5647 § 1 (Exh. A), 2006).