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1993-07125-Ordinance No. 93-006 Recorded 3/3/199393-07125 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES REVIEWED i LEG CCG?.:NSEL COUNTY, OREGON An Ordinance Amending Chapter 15.04 of * 0120-1128 the Deschutes County Code, Adopting the Uniform Fire Code, 1992 Amendments, 1993 * , Edition of the Structural Specialty Code *, of the Uniform Building Code 1991 Edition, and 1993 Edition of the Mechanical Specialty `per Code of the Uniform Mechanical Code, 1991 Edition Amending Text and Declaring an Edition, g r 9 Emergency and Prescribing an Effective Date. ORDINANCE NO. 93-006 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS AS FOLLOWS: Section 1. Chapter 15.04, Building and Construction Codes and Regulations, of the Deschutes County Code is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein. Section 2. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this day of March, 1993. BOARD OFUNTY COMMISSIONERS OF DESCHU ES COUNTY, OREGON , urhair ATTEST: NANCY POPE) �GCFLANGEN-, Commissioner Recording Secretary B. H. SLAUGHTER, Commissioner PAGE 1 - ORDINANCE NO. 93-006 (3/4/93) KEY C11 I:i .f'' ( 7 EXHIBIT "A" 0120-1129 Title 15 BUILDINGS AND CONSTRUCTION Chapters: 15.04 Building and Construction Codes and Regulations 15.08 Signs (2/17/93) Chapter 15.04 BUILDING AND CONSTRUCTION CODES AND REGULATIONS Sections: 15.04.010 Documents adopted with amendments - Enforcement. 15.04.020 Applicability. 15.04.030 Structural code - Adopted. 15.04.035 Dwelling code - Adopted. 15.04.040 Plumbing code - Adopted. 15.04.050 Mechanical code - Adopted. 15.04.060 Electrical code - Adopted. 15.04.070 Building abatement code - Adopted. 15.04.080 Fire code - Adopted. 15.04.090 Definitions. 15.04.100 Mobile homes - Placement permit - Inspection. 15.04.105 Expedited Construction Start 15.04.110 Mobile homes - State certification required. 15.04.120 Building permit issuance - Zoning conformance - Planning department approval. 15.04.130 Building or mobile home placement permit issuance - Zoning and subdivision conformance. 15.04.140 Permit fees - Adjustments. 15.04.150 Numbers for addresses - Placement. 15.04.160 Administration - Enforcement. 15.04.170 Conditions deemed a public nuisance. 15.04.180 Violation - Penalty. 15.04.010 Documents adopted with amendments - Enforcement. The codes, laws and rules adopted by this chapter as the county building codes, are adopted as constituted on August 1, 1983, and as thereafter constituted. The regularly adopted amendments to the codes, laws and rules by the state, the State Department of Commerce and the State Fire Marshal shall be effective as of the effective date of the change, and shall be enforceable by the county as of such date. (Ord. 83-056 § 14, 1983) 0120-1130 15.04.020 Applicability. The provisions of the codes, laws, rules and regulations adopted by this chapter apply to all buildings, structures and mobile homes in the unincorporated areas of the county. (Ord. 83-056 § 16, 1983) 15.04.030 Structural code - Adopted. A certain book or publication, a copy of which is on file with the county clerk, marked and entitled Uniform Building Code, [1988]1991 Edition, State of Oregon Structural Specialty Code, [1990]1993 Edition, effectiveJanuary 1, [1990]1993, hereinafter referred to as the "structural code," is adopted in its entirety as the structural code for the unincorporated areas of the county, for regulating and controlling the construction, reconstruction, remodeling, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures in the unincorporated areas of the county. The structural code adopted and on file in the county clerk's office is referred to and by this reference made a part of this chapter as though fully set out in this chapter. (Ord. 93-006 § 1,1993; Ord. 90-005 § 1, 1990; Ord. 87-017 § 1, 1987; Ord. 86-075 § 1, 1986; Ord. 86-048 § 1 (part), 1986; Ord. 83-056 § 1, 1983) 15.04.035 Dwelling code - Adopted. A certain book or publication, a copy of which is on file with the county clerk, marked and entitled, CABO One & Two Family Dwelling Code, 1989 Edition and 1990 Oregon One & Two Family Dwelling Specialty Code, effective April 1, 1990, hereby is adopted as the code for one- and two-family dwellings in unincorporated Deschutes County; and such dwelling code, so adopted and on file in the office of the clerk is referred to and by this reference made a part of this chapter as though fully set out herein. (Ord. 90-030 § 1, 1990; Ord. 87-020 § 1, 1987; Ord. 86-073 § 1, 1986) 15.04.040 Plumbing code - Adopted. A [C]certain book[s] or publication[s], [copies]a copy of which [are] is on file with the county clerk, marked and entitled, [Oregon] State of Oregon Plumbing Specialty Code, 1992 Edition, based on the Uniform Plumbing Code, 1991 Edition, as amended by the State of Oregon, effective 2 (2/17/93) January 1, 1992, hereinafter referred to as the "plumbing code," [are] is adopted in [their its entirety as the plumbing code for the unincorporated county for regulating and controlling the erection, installation, alteration, addition, repair, relocation, replacement, maintenance or use of plumbing systems in the unincorporated areas of the county. The plumbing code adopted and on file in the county clerk's office is referred to and by this reference made a part of this chapter as though fully set out in this chapter. (Ord. 93-006 § 1, 1993; Ord. 92-035 § 1, 1992; Ord. 90-005 § 1,1990; Ord. 87-025 § 1,1987; Ord. 87-022 § 1, 1987; Ord. 87-001 § 2, 1987; Ord. 83-056 § 2, 1983) 15.04.050 Mechanical code - Adopted. A certain book or publication, a copy of which is on file with the county clerk, marked and entitled, Uniform Mechanical Code, [1988]1991 Edition, State of Oregon Mechanical Specialty Code, [1990]1993 Edition, effective January 1, [1990]1993, hereinafter referred to as the "mechanical code," is adopted in its entirety as the mechanical code for the county for regulating and controlling the design, construction, installation, quality of materials, locations, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and heat producing application, except boilers and pressure vessels regulated by State Boiler Pressure Vessel Law, in the unincorporated areas of the county. The mechanical code so adopted and on file in the county clerk's office is referred to and by this reference made a part of this chapter as though fully set out in this chapter. (Ord. 93-006 § 1,1993; Ord. 90-005 § 3, 1990; Ord. 87-018 § 1, 1987; Ord. 86-048 § 1 (part), 1986; Ord. 83-056 § 1, 1983) 15.04.060 Electrical code - Adopted. A certain book or publication, a copy of which is on file with the county clerk, marked and entitled, State of Oregon Electrical Specialty Code, and National Electrical Code, 1990 Edition, hereinafter referred to as the "electrical code" is adopted in its entirety as the electrical code for the unincorporated areas of the county, for regulating and controlling the design, construction, installation, quality of materials, location, operation, erection, addition, repair, relocation, replacement and maintenance of electrical service, 0120-1131 wiring, equipment, special occupancies, conditions, communications systems and other specified electrical application. The electrical code adopted and on file in the county clerk's office is referred to and by this reference made apart of this chapter as though fully set out in this chapter. (Ord. 90-030 § 2, 1990; Ord. 87-019 § 1, 1987; Ord. 84-028 § 1, 1984; Ord. 83-056 § 4, 1983) 15.04.070 Building abatement code - Adopted. A. Except as provided in subsection B of this section, a certain book or publication, a copy of which is on file with the county clerk, marked and entitled, Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition, hereinafter referred to as "building abatement code," is adopted in its entirety as the building abatement code for the unincorporated areas of the county for regulating and controlling the repair, vacation, demolition and abatement of dangerous buildings in the unincorporated areas of the county. The Building Abatement Code adopted and on file in the county clerk's office is referred to and by this reference made a part of this chapter as though fully set out in this chapter. B. Chapter 9 of the Building Abatement Code, "Recovery of Cost of Repair or Demolition," is adopted as amended below: Section 901. Account of Expense, Filing of Report: Contents. The director of the community develpment department shall keep an itemized account of the expense incurred by the County in the repair or demolition of any building done pursuant to the provisions of Section 701(C)3 of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the Board of County Commissioners a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Subsection (c) of Section 401. Section 902. Report Transmitted to Board - Set for Hearing. Upon receipt of said report, the Board shall fix a time, date and place for hearing said report and any protests or 3 (2/17/93) objections thereto. The Board shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appear on the last assessment roll of the county. Such notice shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour and place when the Board will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. Section 903. Protests and Objections - How Made. Any person interested in or affected by the proposed charge may file written protests or objections with the Board at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. Section 904. Hearing of Protests. Upon the day and hour fixed for the hearing, the Board shall hear and pass upon the report of the director together with any objections or protests. The Board may make such revision, correction or modification in the report or the charge as it may deem just; and when the Board is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the Board on the report and the charge, and on all protests or objections, shall be final and conclusive. Section 905. Personal Obligation and Lien Against Property. (a) General. The Board may thereupon order that said charge may be made a personal obligation of the property owner and/or assess said charge as a lien against the property involved. (b) Personal Obligation. If the Board orders that the charge shall be a personal obligation of 0120-1132 the property owner, it shall direct County Legal Counsel to collect the same on behalf of the County by use of all appropriate legal remedies. (c) Lien. If the Board orders that the charge shall be assessed as a lien against the property, it shall direct County Legal Counsel to take all necessary action to perfect the lien under the provisions of ORS Chapter 87. Section 906. Lien. (a) Priority. Any lien filed pursuant to this Chapter shall have the priority established in ORS Chapter 87 for construction liens. The Hen shall continue until the principle and all interest due and payable thereon are paid. (b) Interest. Any such lien filed shall bear interest at the then legal rate. Section 907. Foreclosure of Lien. The lien filed pursuant to Section 905 of this Chapter shall be foreclosed as provided in ORS Chapter 87. Section 908. Disbursement of Lien. All money recovered from the sale of the property through lien foreclosure proceedings under ORS Chapter 87 shall be paid to the County Treasurer, who shall credit the same to the County General Fund. (Ord. 88-027 § 1, 1988; Ord. 83-056 § 5, 1983) 15.04.080 Fire code - Adopted. A certain book or publication, a copy of which is on file with the county clerk, marked and entitled, Uniform Fire Code, [1988]1991 Edition, State of Oregon [Fire Code, 1989 Edition]1992 Amendments, effective July 15, 1992, hereinafter referred to as "fire code," hereby is adopted in its entirety as the fire code of the county for regulating the hazards from storage, handling and use of hazardous substances, materials and devices, and from conditions or premises in unincorporated Deschutes County; and the fire code so adopted and on file in the office of the county clerk is referred to and by this reference made a part of this chapter as though fully set out herein. (Ord. 93-006 § 1, 1993; Ord. 90-005 § 4, 1990; Ord. 86- 068 § 1, 1986; Ord. 83-056 § 6, 1983) 4 (2/17/93) 15.04.090 Definitions. Whenever appropriate in applying the provisions of this chapter, the following definitions apply: A. "Appointing authority" means the board of county commissioners. B. "Building department" means the office of the county building official or his designee. C. "Building official" means the person designated by the board as the building administrator. D. "County" means Deschutes County, a political subdivision of the State of Oregon. E. "Fire chief' means the applicable chief of any rural fire protection district. F. "Mobile home" has the meaning provided in Title 18 of this code. G. "Modular or factory -built home" means a factory -built dwelling unit designed to be transported to a site and the construction meets the standards of the Oregon Prefabricated Structures Code, and is a structure for the purposes of this chapter. (Ord. 83-056 § 12, 1983) 15.04.100 Mobile homes - Placement permit - Inspection. No mobile home shall be occupied within the unincorporated areas of the county without first obtaining a placement permit and satisfactory inspection of placement on the site, electrical connections and plumbing connections. (Ord. 83-056 §7, 1983) 15.04.105 Expedited Construction Start. A. Notwithstanding any other provision set forth in this Chapter, the Deschutes County Community Development Department is authorized to allow the commencement and undertaking of certain construction work for certain types of single-family residences served by sewer and certain types of garages prior to the issuance of building permits. The Building Safety Director shall have the discretion to limit the kind of construction project to which this section applies and the extent to which such construction can proceed before building permits must be issued. Such discretion shall be exercised in a manner calculated to protect public safety and to limit applicability to projects with a very high probability of gaining ultimate approval under applicable land use and building codes. 0120-1133 B. In all cases, owners or their authorized representatives shall have applied for required building permits. Before commencing construction under this section, owners and any general contractor employed by the owner shall be required to sign a form of agreement with the County, acting by and through the Building Official or the Director of the Community Development Department or such other persons as the Board of County Commissioners may designate, by which the owner and any general contractor agree at a minimum to assume all risks associated with proceeding before building permits are issued, agree to call for required inspections under the applicable Building Code and to correct any construction deficiencies noted, agree to take remedial action, including but not limited to removal of construction work, in the event that the plans submitted for approval are ultimately not approved by the Community Development Department, and to indemnify the County for any damage suffered by reason of commencing and undertaking construction under this section. C. Any owner wishing to proceed with construction under this section shall apply to the Community DevelopmentDepartmentfor approval and pay an application fee in an amount determined by the Board of Commissioners. D. For purposes of enforcement, violation of any provision of the agreement authorized by this section by any owner or contractor who is a party to such an agreement shall be treated as if it were a violation of a provision of this Chapter. Enforcement under this chapter shall be in addition to any remedies set forth under the Agreement. (Ord. 91-046 § 1, 1991) 15.04.110 Mobile homes - State certification required. No modular or factory -built home shall be located in the unincorporated areas of the county until such modular or factory -built home has been certified by the state as meeting all state requirements. (Ord. 83-056 § 8, 1983) 15.04.120 Building permit issuance - Zoning conformance - Planning department approval. No building permit shall be issued for the construction, reconstruction, remodeling, 5 (2/17/93) enlargement, alteration, repair or conversion of any dwelling unit containing two or more dwelling units, commercial or industrial structure, or public use structure until plans therefor, including plot plan, are submitted to the planning department and approved by it as conforming to the zoning ordinances of the county (Ord. 83-056 § 10, 1983) 15.04.130 Building or mobile home placement permit issuance - Zoning and subdivision conformance. No building permit or mobile home placement permit shall be issued if the parcel of land upon which the building or mobile home is to be erected or located on, or is located on, would be in violation of Title 17 of this code or the zoning ordinance. A subdivision shall be deemed to be in violation of the zoning ordinance for the purpose of issuing building permits so long as roads and other improvements remain uncompleted in accordance with the applicable subdivision provisions. (Ord. 83-056 § 11, 1983) 15.04.140 Permit fees - Adjustments. The fees for permits under this chapter shall be the fees prescribed by the State [Department of Commerce] Building Codes Agency. The county may set any permit fee at any amount lower than the fees adopted by the state, or set a fee for a permit for which the state has failed to set a fee by proper resolution. (Ord. 93-006 § 1,1993; Ord. 83- 056 § 15, 1983) 15.04.150 Numbers for addresses - Placement. Numbers for addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from a distance of fifty feet. Such numbers or addresses shall contrast with their background and shall be the official address number as assigned the property by the county, the city of Bend, the Redmond Fire District or the city of Sisters. (Ord. 83-056 § 9, 1983) 15.04.160 Administration - Enforcement. The building official as defined in this chapter shall administer and enforce this chapter, except that the provisions of the fire code shall be administered and enforced by the applicable fire 0120-1134 chief. (Ord. 83-056 § 13, 1983) 15.04.170 Conditions deemed a public nuisance. Any act or condition which is in violation of any of the provisions of this chapter, which is committed, continued or permitted, is declared to be a public nuisance, and the county may, in addition to any other remedies provided by law, institute the proceedings for the enforcement of this chapter. (Ord. 83-056 § 18, 1983) 15.04.180 Violation - Penalty. A. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy or maintain any building, structure or mobile home in the unincorporated areas of the county, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. B. Violation of any provision of this chapter is a class A infraction. (Ord. 83-056 § 17, 1983) 6 (2/17/93)