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Home My WebLink About2833 Effective Date: December 5, 2019 ORDINANCE 2833 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO UPDATING THE REFERENCE OF STATE BUILDING CODES TO JANUARY 1, 2020; AND AMENDING LOC CHAPTER 45 BUILDING CODE TO ADOPT ARTICLE 45.02 FENCES, RETAINING WALLS, FREESTANDING RADIO, TELEVISION AND OTHER TELECOMMUNICATION ANTENNAE, AND TOWERS,TANKS, FLOATING STRUCTURES, AND DOCKS. Whereas, pursuant to ORS 455.040, the state building code preempts local regulations relating to the same manner unless authorized by the Director of the Department of Consumer and Business Affairs; Whereas,the City of Lake Oswego is mandated to maintain a building code program by ORS 455.020, with the program delegated to the City from the State Building Codes Division (State BCD) through Oregon Administrative Rule (OAR)Article 918-020; Whereas, effective January 1, 2020, the 2019 Oregon Structural Specialty Code will become effective; Whereas, on October 1, 2019, the State BCD amended Chapter 1 - Scope and Administration of the 2017 Oregon Residential Specialty Code and of the 2019 Oregon Structural Specialty Code (collectively referred to as "state building code") to make the following changes: • Technical items excluded from the state building code (e.g.: regulation on construction of new communication towers, retaining walls, and tanks not supported by buildings); • Revises the authority of the state building code when addressing code enforcement actions on building code violations; and • Removes requirement to reference to "other ordinances of the municipality" when reviewing for issuance of permits or certificates of occupancy. Whereas, under ORS 455.020(4), the state building code "does not limit the authority of a municipality to enact regulations providing for local administration of the state building code; ...abatement of nuisances and dangerous buildings; enforcement through penalties, stop-work orders or other means; or minimum health, sanitation and safety standards for governing the use of structures for housing, except where the power of municipalities to enact any such regulations is expressly withheld or otherwise provided for by statute"; Whereas, State BCD by rule adopted amendments effective October 1, 2019 to Chapter 1 of the state building codes to preserve the local municipality's ability to require application of its own ordinances, or to enforce its own ordinances; Whereas, the state building code removed certain items that heretofore had been a part of and administered through the state building code but the state building codes permits municipalities to enact local ordinances for the following: "3.1 Abatement of nuisances and dangerous buildings. 3.2 Demolition. 3.3 Protection of adjoining property. 3.4 Fences, other than required swimming pool barriers. 3.5 Retaining walls that do not provide safeguards for the users of the buildings; and do not support a regulated building; and do not retain material,which if not restrained, could impact a regulated building. 3.6 Freestanding radio, television and other telecommunication antennae, and towers not attached to or supported by a regulated building. 3.7 Floating structures. 3.8 Docks. 3.9 Transitional housing accommodations. 3.10 Administration and implementation of a National Flood Insurance Program (NFIP). 3.11 Tanks that are located exterior to and not attached to or supported by a regulated building, and not serving a required automatic fire sprinkler system." Whereas, for the health and safety of the occupants and users of certain structures or improvements, the City Council finds it reasonable and appropriate to continue the building standards and procedures set forth in Exhibit A that were formerly a part of the state building code; and Whereas, the City Council finds that the measures to protect the public health and safety should occur in the demolition of structures; The City of Lake Oswego ordains as follows: Section 1. Section LOC 45.09.001 of the Lake Oswego Code is hereby amended by adding the text shown in bold, double-underlined type and deleting the text shown in strikcthrough type, as follows: 45.09.001 Effective Date of Adoption of Codes, Appendixes, Rules, and Regulations. The codes, rules,appendixes,and regulations adopted by reference in this article are as adopted and in effect on January 1, 2018 2020. Section 2. Chapter 45 of the Lake Oswego Code is hereby amended by adding Article 45.02 with the text shown in bold,double-underlined type on Exhibit A attached. Section 3. Effective Date. This ordinance shall become effective on January 1, 2020. Ordinance 2833 Page 2 of 3 Section 4. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 5th day of November, 2019. AYES: Mayor Studebaker, Manz, O'Neill, LaMotte, Nguyen, Wendland, Kohlhoff NOES: None ABSTAIN: None EXCUSED: None Kent Studebaker, Mayor ATTEST: a,fruvit:mitm,c, awup4(0-vt Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David Powell, City Attorney Ordinance 2833 Page 3of3 Exhibit A to Ord. 2833 Article 45.02 Lake Oswego Building Code: Demolition of Structures,and Fences, Retaining Walls, Freestanding Radio.Television and Other Telecommunication Antennae,Towers,Tanks, Floating Structures, and Docks. 45.02.100 Purpose The Oregon Residential Specialty Code and the Oregon Structural Specialty Code(the State Building Codes), as adopted by the Oregon Building Codes Division, were respectively amended by administrative rule,to: (1) Remove certain provisions relating to regulations for demolition or construction of certain types of structures; (2) Remove review of other ordinances of the City when reviewing applications for issuances of permits or certificates of occupancy; and (3) Revise the authority of the building official to address municipal code violations and enforcement when acting under the Oregon Residential Specialty Code. The State Building Codes were also amended to allow a city to require compliance with city ordinances and to enforce its own ordinances. This Article adopts local regulations permissible under the State Building Codes, and provides for local enforcement. 45.02.105 Fences. 1. Applicability: This section applies to fences other than swimming pool barriers required by the State Building Codes. 2. When Permit Required: A building permit shall be required under LOC 45.02.180 to construct, enlarge, alter, repair,or move fences over 7 ft. high. 45.02.110 Retaining Walls 1. Applicability: This section applies to retaining walls that do not provide safeguards for the users of the buildings; and do not support a building regulated by the State Building Codes; and do not retain material,which if not restrained, could impact a building regulated by the State Building Codes. 2. When Permit Required:A building permit shall be required under LOC 45.02. 180 to construct, enlarge, alter, repair, move, or demolish retaining walls that are either over 4 ft. in height measured from the bottom of the footing to the top of the wall or are 4 ft. or less and support a surcharge or impounding Class I, II or IIA liquids as defined in the International Building Code referenced in LOC 45.02.190. Page 1—Exhibit A to Ord. 2833 45.02.115 Freestanding Radio,Television and Other Telecommunication Antennae,and Towers 1. Applicability: This section applies to: a. Freestanding radio,television and other telecommunication antennae; and b. Freestanding Towers not attached to or supported by a building regulated by the State Building Codes. 2. When Permit Required:A building permit shall be required under LOC 45.02.180 to construct. enlarge, alter, repair, move, or demolish freestanding radio,television and other telecommunication antennae. and towers that are not attached to a building regulated by the State Building Codes. 45.02.120 Tanks 1. Applicability:This section applies to tanks that are supported directly on grade if the capacity is not greater than 5,000 gallons and ratio of height to diameter or width is not greater than 2:1. 2. When Permit Required:A building rmit shall be required under LOC 45.02.180 to construct, enlarge, alter, repair, move, or demolish tanks that are supported directly on grade if the capacity is not greater than 5,000 gallons and ratio of height to diameter or width is not greater than 2:1. 45.02.125 Floating Structures 1. Applicability:This section applies to floating structures. 2. When Permit Required:A building permit shall be required under LOC 45.02.180 to construct. enlarge, alter, repair, move, or demolish floating structures. 45.02.130 Docks 1. Applicability:This section applies to docks. 2. When Permit Required:A building permit shall be required under LOC 45.02.180 to construct, enlarge, alter, repair, move, or demolish docks. 45.02.180 Permits Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, or move a structure or improvement that is required by LOC 45.02.105—45.02.130 to obtain a permit shall first make application to the building official and obtain the required permit. 45.02.190 Standards and Review Procedures. The standards for the construction, enlargement,alteration, repair, or movement of structures or improvements under this Article,and the definitions, use and occupancy classifications, and administration of application and permits thereof are through incorporation by reference to the respective International Building Code and International Residential Code stated in the below table, provided however that reference in said codes to "this Code" shall include "LOC Art.45.02 or other codes and ordinances of the City." Page 2—Exhibit A to Ord. 2833 ACTIVITY: International Residential Code International Building Code Construct,enlarge,alter. (2015),for below structures or (2015),for below structures or repair. or move improvements where improvements not covered by (see LOC 45.02.200 for development is or is related to International Residential Code demolition) residential use Structure/Improvements: Fence, Retaining Wall. Floating Fence, Retaining Wall, (see respective applicability Structures. Docks Freestanding Radio.Television section in LOC 45.02.105- and Other Telecommunication .130) Antennae,Towers,Tanks; Floating Structures, Docks Standards; Definitions: Use See relevant provisions in relevant Code and Occupancy Classifications Administration Duties and Powers of the R104 104 Building Official Permits R105.2.1—R105.9 105.2.1- 105.7 Construction Documents R106 Floor and Roof Design Loads 106 Submittal Documents 107 Temporary Structures and R107 108 Uses Fees R108 109 Inspections R109 110 Certificate of Occupancy R110 111 Services Utilities R111 112 Board of Appeals R112 113 Violations R113 114 Stop Work Order R114 115 Unsafe Structures and 116 Equipment 45.02.200 Demolition 1. Definition: "Demolition" and "demolish" are as defined in LOC 45.12.100(1)(b). 2. Permit Required: a. A demolition permit shall be required to demolish any structure that is required to obtain a building permit under the State Building Codes or is required to obtain a permit under this Article except fences. b. A demolition permit application shall be submitted to the building official by the owner or owner's authorized agent of the property upon which the structure to be demolished is located. Page 3—Exhibit A to Ord. 2833 3. Notice of Demolition of Dwellings: See LOC 45.12.100. 4. Standards and Review Procedures. The standards for demolition of structures or improvements under this Article (except fences) and under the State Building Codes, and the definitions, use and occupancy classifications, and administration of application and permits thereof are through incorporation by reference to the respective International Building Code and International Residential Code stated in the below table, provided however that reference in said codes to "this Code"shall include "LOC Art.45.02 and other codes and ordinances of the City." Activity: International Residential Code International Building Code Demolition (2015),for below structures or (2015),for below structures or improvements where improvements not covered by development is or is related to International Residential Code residential use Structured Any structure that requires a building permit under the State Building Improvements: Codes or is required to obtain a permit under this Article for demolition (excludes fences) Administration, Definitions; Use and Same as Table in LOC 45.02.190 Occupancy Classifications Standards Comply with International Comply with International Building Code (See Sec. 3303), Building Code (See Sec. 3303), except Sec. 3307.7. except for Sec. 3307.7,the owner shall comply with the applicable provisions of Chapter 33 of the 2018 International Fire Code. Residence or Comply with ORS 227.320(1)(b, c) Residential Building built prior to Jan. 1, 1978 Page 4—Exhibit A to Ord. 2833