(1) The International Property Maintenance Code, 2012 Edition, published and copyrighted by the International Code Council, Inc., is hereby adopted in its entirety, except as added, repealed or amended below, as an ordinance of the City of Medford, to be administered and enforced along with such further amendments contained herein.

(2) When the phrase “the code official shall” is used in the IPMC with respect to enforcement, it refers to the Manager’s discretionary option, rather than a mandatory obligation, to choose the course of action that would be appropriate when a violation of the code is found. The phrase “code official shall” does not impose on the city a mandatory duty to implement particular enforcement procedures.

(3) The following sections are ADDED to the IPMC:

304.13.3 Window Sill Height. Windows in sleeping rooms that are provided to meet emergency escape or rescue requirements shall meet the requirements of the Oregon Residential Specialty Code, Section 310.1.

Exception: Window sill heights constructed in accordance with code requirements in place for sleeping rooms at the time of construction.

304.13.4 Ability to Open. Every window required for ventilation or emergency escape shall be capable of being easily opened and held open by window hardware and shall meet the requirements of the Oregon Residential Specialty Code, Section 310.1.4.

304.13.5 Minimum Dimensions. Windows in sleeping rooms that are required to meet emergency escape or rescue requirements shall meet the requirements of the Oregon Residential

Specialty Code, Section 310.1.1.

Exception: Window dimensions constructed in accordance with code requirements in place for sleeping room at the time of construction. [Added]

705.1 Carbon Monoxide Detectors. Carbon monoxide alarms shall be installed, maintained and repaired in residential units in accordance with the Oregon Residential Specialty Code, Section 315.

(4) The following sections of the IPMC are REPEALED in their entirety:

(5) The following sections of the IPMC are AMENDED to read as follows:

101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Medford, hereinafter referred to as the "IPMC." [Amended]

102.3 Application of other codes. Repairs, additions or alterations to a structure, changes of occupancy and all other work required under the IPMC shall be done in accordance with the procedures and provisions of the Oregon Specialty Codes. Nothing in this code shall be construed to cancel, modify or set aside any provision of Chapter 9 of the Medford Municipal Code. [Amended]

SECTION 103 RESPONSIBILITIES FOR PROPERTY MAINTENANCE INSPECTION [Amended]

103.1 General. Property maintenance inspection is hereby the responsibility of the Medford Police Department. [Amended]

103.4 Liability. The provisions and protections of the Oregon Tort Claims Act, ORS 30.265 et. seq. shall apply to all city officials, agents and employees charged with the enforcement of the IPMC. The IPMC shall not be construed to relieve from or lessen the responsibility of any non-city agent or employee, including but not limited to any owner, owner’s agent, builder, contractor, agent or employee of any builder or contractor, or any person owning, operating or controlling any building, structure or premises, for any damages to persons or property caused by defects or violations of this code, nor shall the code enforcement agency or the city be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code. [Amended]

110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than six months, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond six months, unless approved by the building official. [Amended]

111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Unified Board of Appeals, pursuant to Medford Municipal Code 9.662. [Amended]

112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be considered to be committing a violation and will be subject to a notice of civil penalty as prescribed in Medford Municipal Code, Chapter 9.660 (2). [Amended]

201.3 Terms Defined in Other Codes. Where terms are not defined in the IPMC and are defined in the Oregon Specialty Codes and Chapter 9 of the Medford Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes. [Amended]

SECTION 202. GENERAL DEFINITIONS

Where terms are not defined in the IPMC or other code section and are defined in the Oregon

Specialty Codes, such terms shall have the meanings ascribed to them as in those codes. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. Whenever the words “premises,” “building” or other similar words are stated in the IPMC, they shall be construed as though they were followed by the words “or any part thereof.” Unless otherwise expressly stated, the following terms shall, for the purposes of the IPMC, have the following meanings:

ATTRACTIVE NUISANCE. A condition that can attract children and be detrimental to the health or safety of children whether in a building, on the premises of a building or upon an unoccupied lot. This includes, but is not limited to: abandoned buildings, abandoned wells, shafts, basements, excavations, abandoned freezers or refrigerators with self-latching doors, motor vehicles, structurally unsound fences or structures, lumber, trash, fences, debris, or water feature that may prove hazardous for inquisitive minors.

BOARDED BUILDING. An unoccupied or derelict building that has been secured against entry by material such as plywood, boards or other similar material placed over openings that are designed for and/or are required for windows and doors, and which is visible off the premises and is not both lawful and customary to install on an occupied structure.

BUILDING. Any structure occupied or intended for any occupancy.

DERELICT STRUCTURE. Any structure that meets any one of the following:

(1) unoccupied and unsecured,

(2) partially constructed without an active building permit,

(3) maintained in a condition that is an imminent threat to public health and safety.

DETERIORATION. A lowering in quality of the condition or appearance of a building, structure or parts thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or any other evidence of physical decay, neglect, excessive use, or lack of maintenance.

MANAGER. The City Manager or appointed representative(s) who is responsible for supervising, administering and enforcing all aspects of this code.

OWNER.

1) The holder of fee title to the property, except the seller on a land sale contract that has not been foreclosed;

2) A person who is the purchaser of the property on a land sale contract and who has a current right to possession of the property;

3) A person who is obligated on a mortgage loan or trust deed loan secured by the property and has a current right to possession of the property;

4) A person who has foreclosed any land sale contract, mortgage, trust deed or lien applicable to the property and has purchased the property at the foreclosure sale; and

5) Any successor in interest to any of the persons described in subsections (2) through (4) who has a current right to possession of the property.

PARTIALLY CONSTRUCTED. An occupied or vacant structure, or portion thereof, that has been left in a state of partial construction for more than six months or after the expiration of any building permit, or that has not had a required permit inspection within any six-month period.

RENEWABLE ENERGY SYSTEM. Systems which produce energy from sources that do not use up finite natural resources. Examples include, but are not limited to, solar, wind, biomass, geothermal, and micro-hydro systems.

UNOCCUPIED. Vacant or not being used for a lawful occupancy. [Amended]

302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in accordance with Medford Municipal Code 7.410, 7.420, 7.430 and 7.440. [Amended]

Motor Vehicles. Except as provided for in other provisions of the IPMC, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled pursuant to Medford Municipal Code 5.505 (2). [Amended]

302.8 Defacement of Property. The owner or occupant of the property, or person in charge of property, shall comply with the requirements of Medford Municipal Code 5.519. [Amended]

304.3 Premises identification. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way as required by the Oregon Fire Code, and maintained. [Amended]

304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. Glazing with holes, cracks, or that is partially or wholly missing shall be replaced within thirty (30) calendar days of the incident that caused the defect. [Amended]

401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed in Sections 402 and 403 of this code, artificial light or mechanical ventilation complying with the Oregon Specialty Codes shall be permitted. [Amended]

403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system that is in compliance with the Oregon Specialty Codes shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.

Exception: Range hoods constructed in accordance with code requirements in place at the time of construction. [Amended]

505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the provisions of the Oregon Specialty Codes. [Amended]

505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120°F (49°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom (or in a closet serving that room), or any other occupied room normally kept closed, unless adequate combustion air is provided (exception only applies to "other occupied room".) An approved combination temperature and pressure- relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. [Amended]

602.2 Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room year-round temperature of 68°F (20°C) in all habitable rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Portable space heating devices shall not be used to meet the dwelling heat requirements of this code. No inverted or open flame fuel-burning heater shall be permitted. All heating devices or appliances shall be of an approved type. [Amended]

602.3 Heat Supply. Every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68°F (20°C) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in all habitable rooms at the design temperature. [Amended]

602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a year-round temperature of not less than 68°F (20°C) during the period the spaces are occupied. [Amended]

603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. Mechanical ventilation systems for range hoods and bathrooms shall be maintained in sound working order meeting manufacturer specifications for operation and function. [Amended]

604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Oregon Specialty Codes. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes. [Amended]

606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with the Oregon Elevator Specialty Code. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in the Oregon Elevator Specialty Code, except where otherwise specified by the authority having jurisdiction. [Amended]

702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Oregon Specialty Codes. [Amended]

702.2 Aisles. The required width of aisles in accordance with the Oregon Specialty Codes. [Amended]

702.3 Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Oregon Specialty Codes. [Amended]

704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Oregon Specialty Codes. [Amended]

704.2 Smoke Alarms. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R, regardless of occupant load at all of the following locations:

1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.

2. In each room used for sleeping purposes.

3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single or multiple–station smoke alarms shall be installed in other groups in accordance with the Oregon Specialty Codes. [Amended]