Chapter 15.05
BUILDING INSPECTION PROGRAM
Sections:
15.05.010 Title.
15.05.020 Purpose of the Marion County Building Code.
15.05.030 Scope of the Marion County Building Code.
15.05.040 Definitions.
15.05.050 Alternate materials and methods.
15.05.060 Modifications to the Marion County Building Code.
15.05.070 Tests under the Marion County Building Code.
15.05.080 Powers and duties of the building official.
15.05.090 Deputies.
15.05.100 Right of entry.
15.05.110 Stop work orders.
15.05.120 Authority to disconnect utilities in emergencies.
15.05.130 Connection after order to disconnect.
15.05.140 Occupancy violations.
15.05.150 Appeals under the Marion County Building Code.
15.05.155 Appeals of building official alternate approval denials.
15.05.160 Plans and permits.
15.05.170 Retention of plans.
15.05.180 Validity of permit.
15.05.190 Expiration of applications, extensions.
15.05.200 Expiration of permits, extensions under the Marion County Building Code.
15.05.210 Work without a permit/investigation fees.
15.05.220 Transferability.
15.05.230 Suspension/revocation.
15.05.240 Inspections.
15.05.250 Marion County Building Code.
15.05.260 Adoption of Uniform Code for the Abatement of Dangerous Buildings.
15.05.270 Septic code.
15.05.280 Fees.
15.05.290 Enforcement.
Prior legislation: Ords. 613 and 1276.
15.05.010 Title.
This chapter shall be known as the building inspection program ordinance of Marion County and may be so cited.
This chapter contains three codes: the Marion County Building Code (MCC 15.05.250); the Marion County Dangerous Building Code (MCC 15.05.260); and the Marion County Septic Code (MCC 15.05.270). Collectively, these codes will be referred to herein as “these codes” or “the building inspection program.” [Ord. 1328 § 1, 2013.]
15.05.020 Purpose of the Marion County Building Code.
The purpose of the Marion County Building 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. This chapter is adopted as a general legislative enactment pursuant to ORS 203.035 and 455.150. [Ord. 1328 § 2, 2013.]
15.05.030 Scope of the Marion County Building Code.
The Marion County Building Code shall apply to the construction, alteration, moving, demolition, repair, maintenance and work associated with any building or structure except those located primarily in a public way, public utility towers and poles, and hydraulic flood control structures.
Where, in any specific case, different sections of the Marion County Building 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 the Marion County Building Code and Oregon Revised Statute, the statute shall govern. [Ord. 1328 § 3, 2013.]
15.05.040 Definitions.
For the purpose of these codes, the following definition shall apply:
“Building official” shall mean the official designated by the Marion County board of commissioners by order as the Marion County building official, or his duly authorized representative, and charged by the board with the administration and enforcement of these codes. [Ord. 1328 § 4, 2013.]
15.05.050 Alternate materials and methods.
The provisions of the Marion County Building Code are not intended to prevent the use of any material, alternate design or method of construction not specifically prescribed by these codes, provided any alternate has been approved and its use authorized by the building official.
The building official may approve any such alternate, provided the building official finds that the proposed design is satisfactory and complies with the provisions of these codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in these codes in quality, strength, effectiveness, fire resistance, durability and safety.
The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files.
ORS 455.060 provides for state rulings on acceptable materials, designs and methods of construction. When a ruling has been issued, ORS 455.060(4) applies. [Ord. 1328 § 5, 2013.]
15.05.060 Modifications to the Marion County Building Code.
When there are practical difficulties involved in carrying out the provisions of the Marion County Building Code, the building official may grant modifications for individual cases. The building official shall first find that a special individual reason makes the strict letter of these codes impractical and that the modification is in conformance with the intent and purpose of the Marion County Building Code and that such modifications not lessen health, accessibility, life and fire safety, or structural requirements. The details of any action granting modification shall be recorded and entered in the files. [Ord. 1328 § 6, 2013.]
15.05.070 Tests under the Marion County Building Code.
Whenever there is insufficient evidence of compliance with any of the provisions of the Marion County Building Code or evidence that any material or construction does not conform to the requirements of the Marion County Building 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 the Marion County Building 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 agency. Reports of such tests shall be retained by the building official for the period required for the retention of public records. [Ord. 1328 § 7, 2013.]
15.05.080 Powers and duties of the building official.
The building official is hereby authorized and directed to enforce all the provisions of these codes.
The building official shall have the power to render interpretations of these codes 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 these codes. [Ord. 1328 § 8, 2013.]
15.05.090 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 code enforcement. [Ord. 1328 § 9, 2013.]
15.05.100 Right of entry.
When it is necessary to make an inspection to enforce the provisions of these codes, or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of these codes which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by these codes; 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 law to secure entry. [Ord. 1328 § 10, 2013.]
15.05.110 Stop work orders.
Whenever any work is being done contrary to the provisions of these codes, or other pertinent laws or ordinances implemented through the enforcement of these codes, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. [Ord. 1328 § 11, 2013.]
15.05.120 Authority to disconnect utilities in emergencies.
The building official or the building official’s authorized representative shall have the authority to disconnect fuel-gas utility service, or energy supplies to a building, structure, premises or equipment regulated by these codes in case of emergency when necessary to eliminate an immediate hazard to life or property. The building official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection immediately thereafter. [Ord. 1328 § 12, 2013.]
15.05.130 Connection after order to disconnect.
Persons shall not make connections from an energy, fuel or power supply nor supply energy or fuel to any equipment regulated by these codes which has been disconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the building official, until the building official authorizes the reconnection and use of such equipment. [Ord. 1328 § 13, 2013.]
15.05.140 Occupancy violations.
Whenever any building or structure or equipment therein regulated by these codes is being used contrary to the provisions of these codes, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of these codes. [Ord. 1328 § 14, 2013.]
15.05.150 Appeals under the Marion County Building Code.
Appeals relating to the administrative provisions of the Marion County Building Code shall be to the building official.
Appeal of a plans examiner or inspector’s interpretation is to the building official. After input from technical staff, the building official will render a decision.
Any person aggrieved by a decision of the building official made pursuant to the following specialty codes may appeal that decision to the following:
Electrical Specialty Code – appeals may be made to the State of Oregon, Building Codes Division, Chief Electrical Inspector and then to the State Electrical and Elevator Board.
Structural Specialty Code – appeals may be made to the State of Oregon, Building Codes Division, Chief Structural Inspector, then to the Building Codes Structures Board.
Mechanical Specialty Code – appeals may be made to the State of Oregon, Building Codes Division Chief Mechanical Inspector, then to the State Mechanical Board.
Plumbing Specialty Code – appeals may be made to the State of Oregon, Building Codes Division, Chief Plumbing Inspector and then to the State Plumbing Board.
Residential Specialty Code – appeals may be made to the State of Oregon, Structural Chief and then to the Residential and Manufactured Structures Board.
Manufactured Dwellings and Park Standards Specialty Code – appeals may be made to the State of Oregon, Manufactured Dwelling Chief Inspector and then to the Residential and Manufactured Structures Board as per ORS 455.690.
An appeal shall be in writing, shall describe the basis for the appeal and shall first be filed with the building official. [Ord. 1328 § 15, 2013.]
15.05.155 Appeals of building official alternate approval denials.
The following provisions shall apply to the building official’s denial of an application for alternate approval of construction related to conversions of single-family dwellings into no more than four residential dwelling units built to the Oregon Residential Specialty Code and the Oregon Structural Specialty Code that received occupancy approval prior to January 1, 2020:
A. An applicant who receives a notice of denial of an application for alternate approval of construction related to conversions of single-family dwellings into no more than four residential dwelling units built to the Oregon Residential Specialty Code and the Oregon Structural Specialty Code that received occupancy approval prior to January 1, 2020, may request a hearing before the Marion County hearings officer. Hearing requests must be filed in writing with the Marion County hearings officer within five days from the date of the notice of denial.
B. Hearings Procedure.
1. Upon receiving a written request for a hearing, the hearings officer shall send a copy of the request for a hearing to the building official, and set a time and place for a hearing that shall be no more than seven days from the date of filing of the hearing request, or as soon as practicable. The hearings officer shall notify the person requesting a hearing of the time and date of the hearing. The building official shall appear and present evidence pertinent to the building official’s denial of the application. The owner of the property may also present evidence before the hearings officer pertinent to the application. The building official shall have the burden of proving by a preponderance of the evidence that the application for alternate approval fails to satisfy the applicable criteria. Failure of the person requesting the hearing to appear shall constitute a waiver of the right to present evidence at the hearing or thereafter.
2. After the hearing, the hearings officer shall issue an order containing findings as to whether the application was properly denied. The hearings officer’s order shall be issued within 30 business days after the building official receives notice of the appeal from the hearings officer.
3. The decision of the hearings officer is final. Appeal shall only be by writ of review under ORS Chapter 34. [Ord. 1411 § 2, 2020.]
15.05.160 Plans and permits.
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 these codes 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. Such approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work regulated by these codes 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 these codes. The holder of a partial permit shall proceed without assurance that the permit for the entire building or structure will be granted. [Ord. 1328 § 16, 2013.]
15.05.170 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 that dictated by OAR 166-150-0020. 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. [Ord. 1328 § 17, 2013.]
15.05.180 Validity of permit.
No permit shall be issued if the parcel of land, or the use of the land on which the building, structure, or equipment is to be placed, erected, altered, equipped or used is in violation of any Marion County ordinance.
No building or site permit shall be issued by the building official until all plans for sewage disposal facilities have been approved by the authority having jurisdiction. Further, no building or structure containing plumbing shall be occupied until connected to a sewage disposal facility approved by the authority having jurisdiction as meeting the minimum standards of the Oregon State Board of Health and the Department of Environmental Quality.
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 these codes or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of these codes or other ordinances of the jurisdiction shall not be valid.
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 these codes or of any other ordinances of this jurisdiction. [Ord. 1328 § 18, 2013.]
15.05.190 Expiration of applications, extensions.
Applications for which no permit is issued within 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 180 days on request by the applicant. 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. [Ord. 1328 § 19, 2013.]
15.05.200 Expiration of permits, extensions under the Marion County Building Code.
Every permit issued by the building official under the provisions of the Marion County Building Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 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 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.
Before such suspended or abandoned work can be recommenced, a new permit shall be first obtained to do so.
Any permittee holding an unexpired permit issued under the provisions of the Marion County Building Code may apply for an extension of the time within which work may continue under that permit. The building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and shall affirm justifiable cause.
Every permit issued by the building official under the provisions of the Marion County Building Code for which the inspection record does not indicate work has commenced within 24 months of issuance shall expire by limitation and become null and void. Such evidence shall consist of at least one approved inspection. Every permit issued by the building official shall expire by limitation and become null and void 48 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. Provided, however, at the time of permit issuance, the building official may approve a period exceeding 48 months for completion of work when the permittee can demonstrate that the complexity or size of the project makes completing the project within 48 months unreasonable.
Whenever a property is the subject of enforcement for violation of this chapter, the Marion County Rural or Urban Zoning ordinance or any other county ordinance, the building official may, in writing, suspend a permit or deny a request for an extension of a permit on that basis. [Ord. 1328 § 20, 2013.]
15.05.210 Work without a permit/investigation fees.
Whenever any work for which a permit is required by these codes 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 these codes nor from any penalty prescribed by law. [Ord. 1328 § 21, 2013.]
15.05.220 Transferability.
A permit, other than an electrical permit, issued to one person or firm may be transferred to another person or firm upon payment of a permit transfer fee. The building official will record and maintain a record of the transfer. [Ord. 1328 § 22, 2013.]
15.05.230 Suspension/revocation.
The building official may, in writing, suspend or revoke a permit issued under the provisions of these codes whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of any of the provisions of these codes. [Ord. 1328 § 23, 2013.]
15.05.240 Inspections.
It shall be the duty of the permit holder or his agent to request all necessary inspections in a timely manner, provide access to the site, and provide all necessary equipment as determined by the building official. The permit holder shall not proceed with the building construction until authorized 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 or otherwise made available an inspection record card such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained available by the permit holder until final approval has been granted by the building official. [Ord. 1328 § 24, 2013.]
15.05.250 Marion County Building Code.
The Marion County Building Code consists of the following specialty codes as adopted and amended by the state of Oregon:
A. The Oregon Structural Specialty Code, as adopted by OAR 918-460-0010 through 918-460-0015, except as modified in these codes, is enforced as part of the Marion County Building Code.
1. Within the unincorporated areas of Marion County located within an urban growth boundary, Marion County shall apply the Oregon Structural Specialty Code to the following structures:
a. Fences, if over eight feet in height with solid infill, or over 10 feet in height if the fence is chain link or of similar construction;
b. Freestanding signs over eight feet in height;
c. Cell towers or communication towers not attached or supported by another structure; and
d. Flagpoles over 25 feet in height not attached or supported by another structure.
2. Within the unincorporated areas of Marion County located outside an urban growth boundary, Marion County shall apply the Oregon Structural Specialty Code to the following structures:
a. Fences over 10 feet in height;
b. Freestanding signs over 15 feet in height; and
c. Cell towers or communication towers if such towers are used for emergency purposes only, and not attached or supported by another structure.
B. The Oregon Mechanical Specialty Code, as adopted by OAR 918-440-0010 through 918-440-0040, except as modified in these codes, is enforced as part of the Marion County Building Code.
C. The Oregon Plumbing Specialty Code, as adopted by OAR 918-750-0110, except as modified in these codes, is enforced as part of the Marion County Building Code.
D. The Oregon Electrical Specialty Code, as adopted by OAR 918-305-0100 through 918-305-320, except as modified in these codes, is enforced as part of the Marion County Building Code.
E. The Oregon Residential Specialty Code, as adopted by OAR 918-480-0002 through 918-480-0010, except as modified in these codes, is enforced as part of the Marion County Building Code.
F. The Manufactured Dwelling Installation Specialty Code, as adopted by OAR 918-500-0510, except as modified in these codes, is enforced as part of the Marion County Building Code.
G. The Recreational Park and Organizational Camp Rules, adopted by OAR 918-650-0010 through 918-650-0025, except as modified in these codes, are enforced as part of the Marion County Building Code.
H. The Oregon Solar Installation Specialty Code, adopted by OAR 918-800-0010 through 918-800-0040, except as modified in these codes, is enforced as part of the Marion County Building Code.
I. The Oregon Energy Efficiency Specialty Code adopted by OAR 918-460-0500 through 918-460-0510, except as modified in these codes, is enforced as part of the Marion County Building Code. [Ord. 1410 § 2, 2020; Ord. 1328 § 25, 2013.]
15.05.260 Adoption of Uniform Code for the Abatement of Dangerous Buildings.
Marion County hereby adopts the Uniform Code for the Abatement of Dangerous Buildings, International Conference of Building Officials, 1997 Edition in its entirety, except Chapters 7, 8, and 9, which by this reference is made a part hereof just as though it were fully set forth herein and shall be known as the Marion County Dangerous Building Code. The Marion County Dangerous Building Code shall apply to structures in all unincorporated areas of Marion County, Oregon.
A. The following definitions shall apply to the Marion County Dangerous Building Code:
1. Board of Appeals. In lieu of the composition established in Section 205 of the Dangerous Building Code, the Marion County hearings officer shall be deemed to be the board of appeals and shall assume all rights and responsibilities granted in the code to the board of appeals.
2. Building Code. In lieu of the definition established in Section 301 of the Dangerous Building Code, the term “building code” shall be deemed to be a reference to these codes.
3. Health Official. The health official shall be the environmental health supervisor or the health officer with Marion County health department.
B. The following section is amended as follows:
1. Section 302 Item 15. The term “health officer” is replaced with health official.
2. Section 302 Item 16. The term “fire marshal” is replaced with building official. [Ord. 1328 § 26, 2013.]
15.05.270 Septic code.
The Marion County Septic Code shall consist of the following:
The On-Site Sewage Disposal Rules as adopted by OAR 340-71-100 through 340-71-650 and OAR 340-025-0025 through 340-073-0085, except as modified in these codes, are enforced as part of these codes. [Ord. 1328 § 27, 2013.]
15.05.280 Fees.
Fees for permits, inspections, plan review, site plan review, copy costs, and such other fees that the Marion County board of commissioners deems reasonable in order to administer this chapter shall be as set forth from time to time by order of the Marion County board of commissioners.
The building official may authorize the refunding of fees paid in accordance with the refund policy in effect.
The determination of value or valuation under any provisions of these codes 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. 1328 § 28, 2013.]
15.05.290 Enforcement.
Enforcement of monetary penalties for violations of the Marion County Building Code shall be pursuant to MCC 1.25.230 and 1.25.240. Enforcement of the Marion County Septic Code and the Marion County Dangerous Building Code shall be pursuant to MCC 1.25.010 through 1.25.220.
These remedies are in addition to any other remedies that may be available at law. [Ord. 1328 § 30, 2013.]