1993-45716-Resolution No. 93-112 Recorded 12/16/1993REVIEW D 93-45716 LEG COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Establishing A Policy on Undocumented Structures. 0128-1107 RESOLUTION NO. 93-112 ti WHEREAS, the Board finds that an significant number of existing structures remodeled since County adoption of building documentation in official County records building permits and inspections; and _T unknown but p©tentially in the County',' blL#lt or codes in 1974,, do not have of required g1 an V' review, WHEREAS, the Board finds that some of these unao6umented structures were never permitted, and that others may have been permitted but that some County permit records prior to January 1, 1988, are missing or incomplete, and it therefore may not always be possible to determine why the structure is undocumented; and WHEREAS, the Board finds that it is in the interest of the citizens of the County that the status of undocumented structures be established, and that any fire/life safety code violations in such structures be identified and corrected; and WHEREAS, the Board finds that it is not in the interest of the citizens of the County that all undocumented structures built before January 1, 1988, be brought into compliance with all provisions of applicable construction codes; and WHEREAS, the Board finds that the County lacks the resources to undertake a comprehensive, County -wide program to physically identify and inspect all undocumented structures to determine their permit status and code compliance; and WHEREAS, the Board finds that it is in the interest of the citizens of the County to establish a process for determining the status of undocumented structures, and for correcting fire/life safety code violations in such structures, within available County resources; now, therefore,, IT IS HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON AS FOLLOWS: Section 1. The procedure set forth in Exhibit "A," attached hereto and incorporated by reference herein, is hereby adopted as the policy of Deschutes County for resolution of the status of undocumented structures and correction of fire/life safety code violations in such structures. 1 -!Y ut, T � RESOLUTION NO. 93-112 (12/15/93)-� 0 Section 2. This resolution takes effect on January 1, 1994. DATED this J6 day of , 1993. BOARD OF COUNTY COMMISSIONERS OF DE 1 TES COUNTY, OREGON TO I HR00 ChaiI- A77T: N Y POAE S GEN, Comm' sioner Recording Secretary BARRY H SLAUGHTE , Commissioner 2 - RESOLUTION NO. 93-112 (12/15/93) 0128-1109 EXHIBIT "A" DESCHUTES COUNTY PROCEDURE FOR UNDOCUMENTED STRUCTURES I. INITIAL STATUS DETERMINATION Upon request, the Community Development Department (CDD) will research the permit history and status of an existing structure. CDD computer records will be searched first. If computer records do not show required permits and inspections, or show incomplete permits or inspections, additional research of other available county records will be done. A minimum fee of $25.00 will be charged for such additional research. A written report of CDD's research will be provided to the customer, and a record of the research and results will be entered in CDD's computer database. II. DOCUMENTING UNDOCUMENTED STRUCTURES If CDD record research shows no permits or inspections, or incomplete permits or inspections, for an existing structure, the owner or owner's legal representative may submit any available evidence that required permits and inspections were obtained, or that the existing structure was built before permits and inspections were required. Such evidence could include items such as electrical permit stickers, building inspection cards from the job site, builder's records, lender's records, etc. If submitted information is deemed by the county to be credible evidence that required permits and inspections were obtained for an existing structure, or that the structure pre -dates permit and inspection requirements, the information will be entered in CDD's computer database and included in any research report for the structure. III. LEGITIMIZING UNDOCUMENTED STRUCTURES A. Structures Built On Or After January 1. 1988 1. If an existing structure was built, remodeled, or altered on or after January 1, 1988, and CDD's record research does not show that required permits and inspections were obtained, the owner or owner's legal representative may legitimize the existing structure by obtaining all required permits and inspections for the construction, remodeling and/or alteration. 1 - EXHIBIT "A" TO RESOLUTION NO. 93-112 0128-1110 2. If an existing structure has no record of permits, construction code provisions applicable to the new permits and inspections will be the codes in effect at the time the permits are obtained. 3. If an existing structure has a record of permits and inspections up to, but not including framing, the construction code provisions applicable to the permits and inspections will be the codes in effect at the time new permits are obtained. 4. If an existing structure has a record of permits and inspections through framing, insulation or drywall, but no record of a final inspection, the structure may be legitimized by obtaining a special investigation for a final approval. The special investigation and final will be performed under the code provisions which applied at the time the applicable permit of record was obtained. 5. The Building Official may allow exceptions as authorized under Section R-108.3 of the Oregon One and Two Family Dwelling Specialty (CABO) code, or Section 106 of the Oregon Structural Specialty Code (UBC), whichever is applicable. (See attached) B. Structures Built Before January 1. 1988. If an existing structure was built, remodeled or altered before January 1, 1988, the owner or owner's legal representative may legitimize the existing structure, after a research fee has been paid, by the following procedure: 1. The owner or owner's legal representative may submit to CDD a written report from a private building inspector identifying potential structural and fire/life safety violations found in the existing structure. (The private building inspector's inspection and report are not intended to be a code compliance inspection.) 2. The Building Official will review the private inspector's written report, and will identify in writing any fire/life safety issues under One and Two Family Dwelling Structural Specialty code or the UBC, whichever is applicable, that the county would require to be resolved, and any permits and inspections required to resolve them under the applicable code. The Building Official may choose to conduct a special 2 - EXHIBIT "A" TO RESOLUTION NO. 93-112 IV. 0128--1111 investigation of the existing structure before completing the identification of fire/life safety issues. If such a special investigation is deemed required, special investigation fees will be charged. 3. a) After the Building Official has identified any fire/life safety issues that must be resolved and what permits are required, the owner or owner's representative may apply for the permits, inspections and approvals required to resolve those issues. b) If an existing structure has no record of permits, the structural and fire/life safety code provisions applicable to the permits and inspections for the existing structure will be the codes in effect at the time the permits are obtained. c) If an existing structure has a record of permits and inspections up to, but not including framing, the structural and fire/life safety code provisions applicable to the permits and inspections will be the codes in effect at the time new permits are obtained. d) If an existing structure has a record of permits and inspections through framing, insulation or drywall, but no record of a final inspection, the structure may be legitimized by obtaining a special investigation for a final approval. The special investigation and final will be performed under the code provisions which applied at the time the permit of record was obtained. e) The Building Official may allow exceptions as authorized under Section R-108.3 of the CABO code, or Section 106 of the UBC, whichever is applicable. (See attached) Code Enforcement A. If a research request for an existing structure reveals that required permits and inspections may not have been obtained, the results of the research will not be referred to code enforcement, and no enforcement action will be taken by the county based on the research request. B. If a private building inspector's report submitted under this procedure, or the Building Official's review or special investigation of it, reveal fire/life safety code violations in an existing structure, the report and the Building Official's review of it will be referred to code enforcement. 3 - EXHIBIT "A" TO RESOLUTION NO. 93-112 01�8-1112 However, no enforcement action will be taken for such violations as long as the owner or owner's legal representative makes diligent and good faith efforts necessary to correct fire/life safety violations in the existing structure. V. Land Use and Septic Issues This procedure applies only to existing structures for which county records indicate permits and inspections required under applicable building, mechanical, plumbing and electrical codes may not have been obtained. Existing structures that are in violation of the county's comprehensive land use plan or regulations may not be legitimized under this procedure. Existing structures for which there is no record of required septic system approval must obtain approval through the procedures set forth in Department of Environmental Quality's on-site septic system administrative rules. 4 - EXHIBIT "A" TO RESOLUTION NO. 93-112