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HomeMy WebLinkAboutPermit Miscellaneous 2000-6-15 , . e: .' SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH.STREET SPRINGFIELD. OR 97477 (541) 726.3753 FAX (541) 726.3689 CITY OF SPRINGFIELD COMMUNITY SERVICES DIVISION BUILDING SAFETY AUTHORIZATION TO PROCEED AGREEMENT. THIS AGREEMENT is. en tered in to this /5!A day of .JUNE between the Ci ty ofSpringfiel~ ,a mumcip<ll.,corporation ot hereinaf ~er . called. Ci ty, and . .u~(\ M . 1~_Asb 'r'... the. ApplIcant. . ~HEREAS, the applicant has applied to the City Community Services Building Division for issuance of certai~._construction permits for development . improvements to be located at ~~\~ (',....,\ n \ I~' ^ Springfield, Oregon or wi thin the Ci ty' s Urban Growth JurlsdicllonaI 1re~ La~ .County .- Assessor's Map and .Tax Lot 'number l<;;(O~~ () ~(Q"~ I 2800 , -l:-9- by and the State-oI Oregon, ,'hereinafter called ~HEREAS, . the applican t has asked. the Ci ty to au thori ze the Applican t to immediately commence development improvements without a completed plan reviev or subsequent approval as required by the Springfield B~ilding Safety .Code . . .Adm~nistrative Code section 303(a) VHEREAS, .the Applicant has submitted to, the City a completed permit application, 3 (three) sets of.constructIon drawings, specifications, and other data required for the City to ,complete the necessary. plan' review of the proposed development improvemen t. VHER!>AS, the intended development improvement is of a nature that 'requires no other review approval from other State or local agencies and is 'exempt from the criteria established by the Building Safety Diyision, attached as Exhibit A of this Agreement. VHEREAS, the City has no t reviewed' or approved the submi t ted ma terials for the development improvement, the .City is, therefore unable to confiTm at this time 'whether the permit' applicati~~ submitted will be approved, and vhether the r:equired. construction permits can be. issued. ~H.EREAS,the applican t has reques.ted the Ci ty to ,provide expedi ted au thoriza tion to proceed with certain phases of construction prior to the completion of .the City's .review of the permit application;. VHEREAS, the City's fee for the administrative services rendered in. providing expedited authorization is $150.00. NO~, THEREFORE, in.consideration of the foregoing recitals and of the mutual promises contained herein; the City authorizes immediate commencement of the development improvement specified in'the. permit application subject to ~he following terms and condi tions: ' '. . . . Authorization to Proceed Agreement Page 2. 1. City agrees that the Applicant may immediately commence with the development improvements set forth in the permit application.,City's authorization to proceed is conditionep .however, upon Applicant's agreement that the project will be constructed as set forth in the attached submitted .drawings and specifications, except as may be modified by City, and will comply wi th all applicable laws and ordinances. Applicant's immediate commencement of construction is at Applicant's own risk. The City makes no assurance that the development or construction improvements viii be approved or tbe required construction permits viII later be issued. 2. City agrees to review Applicant's permit application in the normal review process and to thereafter: . a) issue Applicant the appropriate construction permits; or b) advise Applicant of deficiencies in the proposed, construction which . must be remedied before permits can be issued; or . c) advise Applicant of any statutes, ordinances or code provisions with which Applicant must comply with before City can issue the permit. 3. Applicant agrees that if City finds Applicant's permit application and submitted materials inadequate or deficient in any manner including.but not limited to, .the application or the proposed construction do not comply vith all applicable statutes, ordinances or code provisions, Applicant vill . expeditiously cure the deficiencies so that the City may issue the required permits. Should Applicant fail' to expeditiously. correct submitted. materials, or should correction prove impossible, City may in it's discretion, .take any or all of the .folloving actions: . a) stop all further construction of the project in the manner prescribed. in the Springfield Building Safety Code Administrative Code (BSCAC), SECTION 201 (d) b) order disconnection of serving utilities in a manner as prescribed in BSCAC, SECTION 201 (f) c) issue a NOTICE .1JO ORDER for remov"l of "II such ~'or!: in a manner as prescribed in BSChC, SECTION 204. ABATEMENT'OF UNSAFE, SUBSTANDARD OR. DANGEROUS.BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon receipt of such notice, Applicant shall. immediately. remove. the work specified in the Notice and Order. 4. Applicant agrees, if the issuance of. the permit is denied: a) to remove, at the Applicant's sole cost and expense, all completed c~nstruction or improvements; and b) to restore the site or structure to it's pre-agreement condition and free of all hazards . . Authorization to Proceed Agreement Page 3. 5. Applicant agrees that until Applicant's permit application is approved, construction will not to proceed beyond the point of authorization approved by the Cit~'~Building ~fficial. Applicant's Point of Authorization is ~ \\<U'V.t'\~ '.. 6. Applicant agrees "that ~ll work performed under this agreement shall be accessible and exposed for inspection purposes and that neither the Building Official.nor City shall be liable for the expense entailed in the removal or replacement of. any material necessary to allow.inspection. 7. Applicant agrees that any or all"'deficiencies identified during the necessary inspections will be promptly remedied, at Applicant's sole cost and expense before.proceeding with' any further construction. Applicant also agrees that these inspections do not replace the required plan review nor do they imply any approval of the submitted materials. . . . 8. Applicant agrees that no work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining. the approval of the Building Official. Such approval shall, be given only after an inspection has been made of each successive step in the construction .as indicated on the attached Exhibit B. 9. Notwithstanding any other provisions of this Agreement, this Agreement. .shall terminate upon .issuance of a building permit or thirty (30).days from the. date of this Agreement, whichever first occurs. Applicant understands that all work on the project shall immediately cease without any.notice from the City if this Agreement terminates before a building permit. is issued.. This agreement shall terminate on , . .10. Applicant agrees to defend, indemnify and hold 'City harmless from any and all costs (including attorney fees), liability or damages of any kind or nature whatsoever, for personal injury and. property damage arising from the Applicant's early commencement of construction and the work undertaken or completed. 11. The terms of this Agreement shall extend to and be binding upon the parties hereto and t~eir heirs, successors and assigns. 12. If any suit, action or other proceeding, .or.an appeal therefrom, is instituted to obtain, establish, enforce, or compel any right or" obligation resulting from this Agreement., the prevailing party shall be entitled to recover from the adverse party, in addition to costs and disbursements, such additional sums as the courts, both trial and appellate, may judge reasonable attorney fees. . , ... . . , Authorization to proceed Agreement Page 4 BEFORE SIGNING THIS AGREEMENT, PLEASE READ AND UNDERSTAND THE MEANING OF EACH PARAGRAPH OF THIS AGREEMENT. IT .AFFECTS .YOUR INTERESTS IN THE PROPERTY AND, IN THE EVENT OF. DEFAULT, IT PLACES YOU PERSONALLY AT RISK AND THE SUBJECT PROPERTY AT RISK .OF FORECLOSURE ,FOR COSTS AND EX"ENSES INCURRED BY THE CITY IN ENFORCING THE TERMS OF THIS AGREEMENT. IN THE EVENT THAT YOU DO NOT UNDERSTAND ANY TERMS OR CONDITIONS OF THIS AGREEMENT, PLEASE SEEK ANY LEGAL OR OUTSIDE OPINIONS YOU MAY DESIRE. city of Springfield APPLICANT . .. contractor~9ItfWla.> 7f ~(IJY( J CITY By: Business Name Building Official Address .. CC Registration # LAND/PROPERTY OWNERI$l I/WE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. I/WE. UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE LAND/PROPERTY OWNERS. I/WE AGREE TO BE BOUND BY ALL .TERMS AND CON~ITIONS OF THE AGREEMENT. Name . Address VALIDATION: CITY JOB # nn. t)OP-.Sc:s. 0 I I<ECEIPT NUMBER DATE PAID AMOUNT RECEIVED RECEIVED BY . . \ EXHIBIT A, Purpose The purpose of this agreement is to allow'certain development improvements to occur prior to obtaining plan review approval from the Springfield Community. Services Division. S~ope T e use of this agreement shall be limited to certain one and two-family dwellings not complex in nature as determined by the Building Official and minor alterations or modifications to existing commercial and industrial buildings yhich are of a non-structural'type and do not adversely affect any structural.member of the building or any part of the building having fire resistant construction. One and two-family dwelling plans for structures that are complex in nature that have been prepared by an Oregon licensed architect or engineer and accompanied. . '. by a letter of review prepared by said architect or engineer, stating that the . submitted material is in compliance' with the One and Two-Family Dwelling Specialty Code, may be considered eligible for this agreement. The following items include but are not limited to certain conditions of development identified as ineligible.for this agreement: a) development requiring site approval vhich,has not been obtained; b) new development located on land yith over six-percent slope; c} lots having expansive (clay) soil; d} development located within flood hazard areas; e} development located within vetland areas; f) pole buildings or other such type of structure that is n~t of conventional construction. . . , EXHIBIT B ReqUired Inspections To request an inspection, you must call 726-3769. All inspections requested before 7:00 a.m. will be Inspections requested after 7;00 .a.m; will be made Temporary Electric . This is a 24 hour recording. made' the same working day, the following work day. site - To be made after excavation, but prior to setting forms Footing - After trenches are excavated Foundation - After forms are erected but prior to' concrete placement . Underfloor Plumbing'- Prior .to filling trench Underfloor Mechanical -.Prior to insulation or.decking Post & Beam - Prior to floor insulation or decking Underfloor Insulation - Prior to deck~ng sanitary Sewer - Prior to filling trench Storm Sewer - Prior to filling trench Water'Line,- Prior. to filling.trench . Permit #: . 00-00 ?J<;:;S -t) / 4-3/3 ~/~//~ ~~Dat~: _ ~-IS--f)O -~~~ r' ~ Address: Issued by: Statement: Information Notice to Property Owners About Construction Responsibilities Note: Oregon Law, ORS 701.055(4), requires residential construction pennit appli- cants who are not registered with the Construction Contractors Board to sign the following statement before a building pennit can be issued. This statement is required for residential building, electrical, mechanical, and plumbing penn its. Licensed architect and engineer applicants, exempt from registration under ORS 701.010(7), need not submit this statement. This statement will be filed with the permit. Fill in the appropriate blanks and initial boxes I and 2, and either box 3A or 3B: ~ ~ D 1. lawn, reside in, or will reside in the completed structure. 2. I understand that I must register as a construction contractor if the structure is sold or offered for sale before or upon completion. 3A. My .general contractor is (Name) Contractor regis. # I will instruct my general contractor that all subcontractors who work on the structure must be registered with the Construction Contractors Board. OR % 3B. I will be my own general contractor. If I hire subcontractors, I will hire only subcontractors registered with the Construction Contractors Board. If I change my mind and hire a general contractor, I will contract with a contractor who is registered with the CCB and will immediately notify the office issuing this building permit of the name of the contractor. I hereby certify that the above information is correct and that I have read and do understand the Information Notice to Property Owners about Construction Responsibilities on the reverse side of this form. 10 ILir.JV 'I:. t)t; 071.../ (Signature of permit applicant) {.p- /:5-00 (Date) A (White copy to issuing agency pennitfile, pink copy to applicant) . . Kn1ormaiion No~ice io Propeiiy Owners Aboui ConS~U'~Ciion lFIesponsibiliiies Not~: This Informatioll Notice to Property OWllers about COllstruction Responsibilities was developed by the Construction Colltractors Board ill accordallce with ORS 701.055(5). If you are acting as your own contractor to construct a new home or make a substantial improvement to an existing structure, you can prevent many problems by being aware of the following responsibilities and areas of concern. EMPLOVEA RESPONSIBILITIES: If you hire persons not registered with the Construction Contractors Board to do labor in constructing or assisting in the construction or improvement of a residential structure, you will, in most instances, be ruled to be an employer and the people you hire will be employees. As the employer, you must comply with the following: Oregon's withholding tax law: As an employer, you must withhold income taxes from employee wages at the time employees are paid. You will be liable for the tax payments even if you don't actually withhold the tax from your employees. For more information, call the Oregon Dept. of Revenue at 945-8091 . Unemployment insurance tax: As an employer, you are required to pay a tax for unemployment insurance purposes on the wages of all employees. For more information, call the Oregon Employment Division at the Department of Human Resources at 378-3524. Workers' compensation insurance: As an employer, you are subject to the Oregon Workers' Compensation Law. and muM obtain workers' compensation insurance for your employees, If you fail to obtain workers' compensation insurance, you may be subject to penalties and will be liable for all claim costs if one of your employees is injured on the job. For more inform~tion, call the Workers' Compensation Division at the Department of Consumer and Business Services at 945-7888. U.S. Internal Revenue Service: As an employer, you must withhold federal income tax from employees' wages. You will be liable for the tax payment even if you didn't actually withhold the tax. For more information, call the Internal Revenue Service at 1-800-829-1040. OTHER RESPONSIBILITIES AND AREAS Of' CONCERN: Code compliance: As the permit holder for this project, you are responsible for resolving any failure to meet code requirements that may be brought 10 your attention through inspections. Liability and property damage insurance: Contact your insurance agent to see if you have adequate insurance coverage for accident.; and omissions such as falling tools, paint overspray. water damage from pipe punctures, fire, or work that must be re-done. Timc to supervise employees: Make sure you have sufficient time to supervise your employees. Expertise: Make sure you have the expertise to act as your own general contractor, to coordinate the work of rough-in and finish trades, and to notify building officials at the appropriate times so they can perform .the required inspections. If you have additional questions, write or call the Construction Contractors Board (pO Box 14140, oSaldm, OR ~7309-5052, 503/378-4621). The Board is located at 700 Summer St. NE Suite 300, in Salem. prop-own.pm4 1/94