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. 6013 § 2 (Exh. A), 2023; 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. 6013 § 2 (Exh. A), 2023; Ord. 5647 § 1 (Exh. A), 2006).
18.04.030 Purpose.
The purpose of this title is 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. 6013 § 2 (Exh. A), 2023; Ord. 5647 § 1 (Exh. A), 2006).
18.04.040 Scope.
This title shall apply to new construction and construction-related activities within existing structures including, but not limited to, installation of: electrical, plumbing, mechanical, energy, accessibility, alteration, moving, demolition, repair, fire and life safety, and work associated with any building, structure, property, or license regulated by this title, mandated under the Oregon Building Code, rules, or statutes, and/or regulated by various other codes of the City of Albany. The City of Albany enforces the Oregon Building Code as per ORS Chapter 455 and the rules adopted thereunder.
Pursuant to ORS 455.020(4) and adopted by local ordinance, the scope of the Oregon Building Code has been amended to include the following local requirements and shall be permitted and inspected pursuant to this title and the Oregon Building Code.
(1) Chapter 32 of the Oregon Structural Specialty Code, titled: “Encroachments into the Public Way.”
(2) Freestanding, pole-mounted, and other signs not attached to or supported by a regulated building.
(3) Retaining walls that are over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall or any retaining wall supporting a surcharge.
(4) Ground-mounted flagpoles, antennas, and similar items that exceed 25 feet in height.
(5) Cellular phone, radio, television, and other telecommunication and broadcast towers that are not attached to or supported by a regulated building.
(6) Tanks located exterior to and not attached to or supported by a building and having a capacity that exceeds 1,000 gallons (3,785 L); having a ratio of height to diameter that exceeds 2 to 1; or containing hazardous or flammable material. (Ord. 6013 § 2 (Exh. A), 2023; Ord. 5934 § 2 (Exh. A), 2019; 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 Oregon Building Code apply. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Ord. 6013 § 2 (Exh. A), 2023; Ord. 5647 § 1 (Exh. A), 2006).
18.04.060 Codes.
(1) Oregon Building Code. The provisions of the Oregon Building Code, as provided in ORS 455.010, are hereby adopted by reference. The specialty codes, comprising the Oregon Building Code, are 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 Oregon Fire Code shall apply, copies of which are on file in the Fire Department of the City of Albany.
(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. The Albany Development Code is on file in the Community Development Department of the City of Albany. (Ord. 6013 § 2 (Exh. A), 2023; Ord. 5647 § 1 (Exh. A), 2006).
18.04.070 Definitions.
The definitions contained within the Oregon Building Code shall apply for the purpose of this title. Items not defined within the Oregon Building Code, or in this section, shall have their ordinary accepted meanings.
(1) “Adjacent property” means property that has a common border with another property or tax lot.
(2) “Approved” means approved by the building official.
(3) “Basement” means that portion of a building which is partly or completely below grade.
(4) “Bathroom” means a room containing plumbing fixtures including a toilet, lavatory, and may or may not include a bathtub or shower.
(5) “Bedroom” means a room which is designated as a bedroom on the applicable plans and includes the life and safety features required for such use.
(6) “Building” means a structure used or intended for supporting or sheltering a use or occupancy.
(7) “Building official” shall mean the Albany building official manager or deputy thereof, with powers granted by ORS 455.153.
(8) “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.
(9) “Certificate of occupancy” means a certificate allowing occupancy of a structure issued by the building official after all required inspections have been completed and does not find violations of the provisions of Oregon Building Code, or other rules or laws enforced by the city of Albany.
(10) “Concurrent plan review” means a review of a permit application, regulated by this title, and by one or more other departments at the same time the building inspection plans reviewer is reviewing the application for compliance with the Oregon Building Code.
(11) “Condemnation” means to adjudge unfit for occupancy.
(12) “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 said lot or lots.
(13) “Enforcement action” means an action in which an order to correct has been issued, or which seeks or results in a civil penalty.
(14) “Imminent danger” or “imminent hazard” means a condition which could cause serious or life-threatening injury or death at any time.
(15) “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.
(16) “Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.
(17) “Occupant” means any individual, using, living, or sleeping in a building; or having possession of a space within a building.
(18) “Operating plan” is a document, required by OAR 918-020-0080, that outlines policies, procedures, rules, timelines, hours of operation and general administrative procedures describing the operation of the Building Division.
(19) “Oregon Building Code” means the State Building Code, as defined by Oregon Revised Statutes.
(20) “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.
(21) “Permit” means an official document authorizing work to occur in accordance with the requirement of this title issued by the building official.
(22) “Portable structure” means a structure that is easily moveable, is of a size which accommodates relocation, does not have attachments to the ground and is placed for not more than 180 days, is otherwise constructed for easy movement, and does not take the place of permanent structures; including but not limited to tents, trailers, motorhomes, RVs, and cargo containers.
(23) “Rooming house” means a building arranged or occupied for lodging, with or without meals, for compensation, and not occupied as a one- or two-dwelling structure.
(24) “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.
(25) “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.
(26) “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.
(27) “Temporary buildings or structures” means buildings and/or structures erected for use for a maximum of 180 days and not taking the place of permanent buildings or structures; including, but not limited to, buildings, carports, garages, membrane covered tents, sheds, and cargo containers.
(28) “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.
(29) “Valuation,” as applied to a building or mechanical equipment, shall be the estimated cost to build or alter the building and/or install or replace the mechanical systems, based upon current costs including labor and material. (Ord. 6013 § 2 (Exh. A), 2023; Ord. 5647 § 1 (Exh. A), 2006).
18.04.080 Alternate materials and methods.
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 as specified in the Oregon Building Code. (Ord. 6013 § 2 (Exh. A), 2023; 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 after finding special individual reason(s) that makes the strict letter of this title impractical, 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 create an unsafe or dangerous condition of any health, life safety, or fire-protection requirements, nor any degree of structural integrity. (Ord. 6013 § 2 (Exh. A), 2023; 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. 6013 § 2 (Exh. A), 2023; 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. 6013 § 2 (Exh. A), 2023; Ord. 5647 § 1 (Exh. A), 2006).