Chapter 15.04
ADMINISTRATION AND ENFORCEMENT
Sections:
15.04.050 Alternate materials and methods.
15.04.080 Powers and duties of building official.
15.04.085 Additional local authority.
15.04.105 Manufactured dwellings—Permits and inspections.
15.04.120 Violations—Penalties.
15.04.010 Title.
These regulations shall be known as the Jefferson County building code, may be cited as such and will be referred to herein as “this code.” (Ord. O-14-23 § 1 (Exh. A), 2023; Ord. O-109-96 § 9.01.010, 1996)
15.04.020 Purpose.
The purpose of this code is to establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort and security of the residents of this jurisdiction who are occupants and users of buildings and for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation. (Ord. O-14-23 § 1 (Exh. A), 2023; Ord. O-109-96 § 9.01.020, 1996)
15.04.030 Scope.
This code shall apply to the construction, alteration, moving, demolition, repair, maintenance and work associated with any building or structure except those located in a public way.
Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
Where, in any specific case, there is a conflict between this code and an Oregon Revised Statute, the statute shall govern. (Ord. O-14-23 § 1 (Exh. A), 2023; Ord. O-109-96 § 9.01.030, 1996)
15.04.040 Definitions.
For the purpose of the code, the following definition shall apply:
“Building official” means a person certified by the state of Oregon and appointed by Jefferson County to administer and enforce the building electrical or plumbing inspection programs. (Ord. O-14-23 § 1 (Exh. A), 2023; Ord. O-85-03 § 2, 2003; Ord. O-109-96 § 9.01.040, 1996)
15.04.050 Alternate materials and methods.
The provisions of this code are not intended to prevent the use of any alternate material, design or method of construction not specifically proscribed by this code, provided such alternate has been approved and its use authorized by the building official.
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 of this code and that it is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.
The building official shall require that evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any approval of any alternate material, design or method shall be recorded and entered in the files of the agency. (Ord. O-14-23 § 1 (Exh. A), 2023; Ord. O-109-96 § 9.01.050, 1996)
15.04.060 Modifications.
When there are practical difficulties in carrying out the provisions of this code, the building official may grant modifications provided the building official finds that the modification is in conformance with the intent and purpose of this code and that said modification does not lessen any fire protection requirements nor the structural integrity of the building involved. Any action granting modification shall be recorded in the files of the code enforcement agency. (Ord. O-14-23 § 1 (Exh. A), 2023; Ord. O-109-96 § 9.01.060, 1996)
15.04.070 Tests.
Whenever there is insufficient evidence of compliance with the provisions of this code or that any material, method or design does not conform to the requirements of this code, the building official may require tests as proof of compliance to be made at no expense to this jurisdiction.
Test methods shall be as specified by this code 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.
All tests shall be made by an approved testing agency. Reports of such tests shall be retained by the building official for the period required for the retention of public records. (Ord. O-14-23 § 1 (Exh. A), 2023; Ord. O-109-96 § 9.01.070, 1996)
15.04.080 Powers and duties of building official.
A. General. There is established a code enforcement agency which shall be under the administrative and operational control of the building official. The building official is authorized to enforce all the provisions of this code.
The building official shall have the power to render written and oral interpretations of this code and to adopt and enforce administrative procedures in order to clarify the application of its provisions. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of this code.
B. Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint technical officers and inspectors and other employees to carry out the functions of the code enforcement agency.
C. Right of Entry. When it may be necessary to inspect to enforce the provisions of this code, or the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to, in violation of this code or which otherwise makes the building or premises unsafe, dangerous or hazardous, the building official may enter said building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by ORS to secure entry.
D. Stop Work Orders. Whenever any work is being done contrary to the provisions of this code (or other pertinent laws or ordinances implemented through its enforcement), the building official may order the work stopped by notice in writing served on any person(s) engaged in the doing or causing of such work to be done. Such person(s) shall stop such work until specifically authorized by the building official to proceed thereafter.
E. Maintenance. All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this section, the building official may cause a structure to be reinspected.
F. Occupancy Violations. Issuance of certificate of occupancy is contingent upon the requirements of the State of Oregon Building Code as well as other applicable county requirements. Whenever any building, structure or equipment therein regulated by this code is used contrary to the provisions of this code, the building official may order such use discontinued and the structure (or portion thereof) vacated. All persons using the structure (or portion thereof) shall discontinue the use within the time prescribed by the building official in his or her notice and make the structure, or portion thereof, comply with the requirements of this code. (Ord. O-14-23 § 1 (Exh. A), 2023; Ord. O-109-96 § 9.01.080, 1996)
15.04.085 Additional local authority.
A. In the areas under the jurisdiction of the county, the county may administer and regulate the following in accordance with ORS 455.020(4) through the permitting process:
1. Pursuant to the regulation of dangerous buildings, the building official may adopt seismic rehabilitation plans that provide for phased completion of repairs that are designed to provide improved life safety but that may be less than the standards for new buildings.
2. Abatement of nuisances and dangerous buildings.
3. Fire safety during construction.
4. Demolition.
5. Protection of adjoining property.
6. Encroachments into the public way.
7. Retaining walls.
8. Fences.
9. Tanks.
10. Cellular phone, radio, television and other telecommunication and broadcast towers, in compliance with federal law.
11. Flagpoles.
12. Ground mounted photovoltaic systems.
13. Building code aspects of signs in accordance with Appendix H of the Oregon Structural Specialty Code.
14. Equipment shelters.
15. Administration and implementation of a National Flood Insurance Program (NFIP).
16. Transitional housing accommodations.
17. Grading in accordance with Appendix J of the Oregon Structural Specialty Code.
18. Matters related to structures that are not otherwise encompassed by this code.
B. Service Utilities.
1. Connection of Service Utilities. A person shall not make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official.
2. Temporary Connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel or power.
3. Authority to Disconnect Service Utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the building code in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by subsections (B)(1) and (B)(2) of this section. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. (Ord. O-14-23 § 1 (Exh. A), 2023)
15.04.090 Appeals.
A. Appeal Procedure. An appeal shall be in writing, shall describe the basis for the appeal and shall first be filed with the building official.
B. Any person aggrieved by a decision of the building official made pursuant to the specialty codes may appeal the decision to the State of Oregon, Building Codes Division, pursuant to ORS 455.475, 455.690 or 479.853. (Ord. O-14-23 § 1 (Exh. A), 2023; Ord. O-86-03 § 1, 2003: Ord. O-109-96 § 9.01.090, 1996)
15.04.100 Plans and permits.
A. Work Requiring Permit. It shall be the responsibility of the owner, or the owner’s authorized agent, to verify and obtain any required permits before the commencement of any work that is regulated by this code. No work which does require a permit may be performed without a permit.
B. Issuance. The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees have been paid, the building official shall issue a permit therefor to the applicant.
When the building official issues the permit where plans are required, the building official shall endorse in writing or stamp the plans and specifications approved. Such approved plans and specifications shall not be changed, modified and altered without authorizations from the building official, and all work regulated by this code shall be done in accordance with the approved plans.
The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of a partial permit shall proceed without assurance that the permit for the entire building or structure will be granted.
C. Retention of Plans. One set of approved plans, specifications and computations shall be retained by the building official for a period of not less than ninety (90) days from date of completion of the work covered therein; and one set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.
D. Validity of Permit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction or any other federal, state, or local law, statute, rule, regulation, or ordinance.
The issuance of a permit based on plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of this code or of any other ordinances of this jurisdiction.
E. Expiration of Plan Reviews. Applications for which no permit is issued within one hundred eighty (180) days following the date of the application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding one hundred (180) days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
F. Permit Expiration, Extension and Reinstatement.
1. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized is not commenced within the time limitations set forth in this section.
2. Every permit issued by the building official shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. The work shall not be considered suspended or abandoned where the permittee has pursued activities deemed by the building official to indicate the intent to start and complete the project. The building official may require the permittee to document these activities.
3. Every permit issued by the building official shall expire by limitation and become null and void twenty-four (24) months after the date of permit issuance. If the building or work authorized by such permit has not received final inspection approval prior to the permit expiration date, all work shall stop until a new permit is obtained for the value of the work remaining unfinished.
Exception: At the time of permit issuance the building official may approve a period exceeding twenty-four (24) months for completion of work when the permittee can demonstrate that the complexity or size of the project makes completing the project within twenty-four (24) months unreasonable.
4. Any permittee holding an unexpired permit may apply for an extension of the time within which work is to be completed under that permit when the permittee is unable to complete work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented work from being completed. No permit shall be extended more than once.
5. Where a permit has expired, the permit can be reinstated and the work authorized by the original permit can be recommenced, provided the following are met:
a. The building code under which the original permit was issued and other laws which are enforced by the code enforcement agency have not been amended in any manner which affects the work authorized by the original permit.
b. No changes have been made or will be made in the original plans and specifications for such work.
c. The original permit expired less than one year from the request to reinstate.
6. The fee for a reinstated permit shall be one-half the amount required for a new permit. Where the request for reinstatement does not comply with the preceding criteria, a new permit, at full permit fees, shall be required.
G. Work Without a Permit—Investigation Fees. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
H. Transferable. A building, plumbing or mechanical permit issued to one person or firm is transferable to another person or firm to perform any work thereunder, subject to the following conditions:
1. The permit is not an electrical permit.
2. A building permit is not transferable if it would violate a land use approval, and/or require planning approval prior to the building official transferring the permit.
3. The original holder of the permit signs a written assignment and transfer of rights under the permit which details the permit number, original issuance date and the name, address and CCB number (if any) of the person or firm to whom the permit will be assigned.
4. The written assignment and transfer is signed by the person or firm to whom the permit is being transferred, clearly setting forth the name, address and CCB number (if any) of the person or firm receiving the permit.
5. The written assignment is filed with the Jefferson County building official.
6. After receiving a completed and acceptable written assignment of permit, the building official shall issue a transfer permit. The transfer permit shall be limited in all manner as the original permit.
7. Transfer of a permit does not extend, suspend or otherwise modify the original expiration date of the permit as defined in subsection E of this section.
I. Suspension—Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error on the basis of incorrect information supplied, or if its issuance (or activity thereunder) is in violation of any ordinance or regulation of any other provisions of the county code.
J. Inspections. It shall be the duty of the permit holder or authorized agent to request all inspections that may be necessary or otherwise required in a timely manner, provide access to the site, and to provide all equipment as may be deemed necessary or appropriate by the building official. The permit holder shall not proceed with construction activity until authorized to do so by the building official. It shall be the duty of the permit holder to cause the work to remain accessible and exposed for inspection purposes. Any expense incurred by the permit holder to remove or replace any material required for proper inspection shall be the responsibility of the permit holder or his agent.
Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted the job location card, and has the permit and reviewed plans at the job site. The required documents shall be maintained available by the permit holder until final approval has been granted by the building official. (Ord. O-14-23 § 1 (Exh. A), 2023; Ord. O-90-07 § 1, 2007; Ord. O-109-96 § 9.01.100, 1996)
15.04.105 Manufactured dwellings—Permits and inspections.
No manufactured home shall be occupied within the areas under the jurisdiction of the county without first obtaining a placement permit and satisfactory inspection of placement on the site, electrical connections and plumbing connections. (Ord. O-14-23 § 1 (Exh. A), 2023)
15.04.110 Fees.
Fees charged under this code shall be as provided in the currently applicable Jefferson County fee schedule, as adopted by county and available for review on the Jefferson County website.
The building official may authorize the refunding of fees paid in accordance with the refund policy in effect in the jurisdiction.
The determination of value or valuation under any provisions of this code shall be made by the building official. The value to be used in computing the building permit and plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. (Ord. O-14-23 § 1 (Exh. A), 2023; amended during 2001 codification; Ord. O-109-96 § 9.03, 1996)
15.04.120 Violations—Penalties.
A violation of any of the provisions herein for which a special penalty has not been expressly provided shall be an unclassified violation and upon conviction thereof, be punished by a fine. Each day that a violation exists is a separate offense. (Ord. O-14-23 § 1 (Exh. A), 2023; Ord. O-109-96 § 9.05, 1996)