1996-25078-Ordinance Recorded 7/10/1996REV I 'ED
96-r2S0'78 01155--305
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Repealing Deschutes County Code
Sections 15.04.020, 15.04.030, 15.04.035,
15.04.040, 15.04.050 and 15.04.060 and
amending Section 15.04.010 and 15.04.230
Relating to Specialty Codes and Building * ��
Requirements of the Deschutes County * it
Code and Declaring an Emergency.
Irv-,
ORDINANCE NO. 96-055
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Repeal. Deschutes County Code Sections 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; and 15.04,060, Electrical code -Adopted of Title 15, of
the Deschutes County Code, are hereby repealed.
Section 2. Amendment. Deschutes County Code Section
15.04.010, Documents adopted with amendments -Enforcement and Section
15.04.230, Violation -Penalty, as set forth in Exhibit A, attached
hereto and incorporated herein, with new language set out in Redline
and language to be deleted in Strikeout.
Section 3. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance is adjudged to be invalid by a court of competent
jurisdiction, that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 4. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of
these ordinances, County Legal Counsel may insert appropriate
legislative history reference. Any legislative history references
included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a
reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
K��� ED
JUL r1/ /1996
PAGE 1 - ORDINANCE NO. 96-055 (07/10/96)
JUL 1 '' 199a
of Ord,i:n antes as Affect .n t , ti g
Lia►biliti^ The repoal, expr or imp :d, of any ordinance,
ordinanc provision, code section, or any p or any l i.ne on p
incorporated therein by r Terence, by till a nd.inc ordin nce shall rn t
release or extinguish any duty, condition, •nifty, forfeiture, or
1f, ,bil:ity prev,ioualy incurred or tht „;y he eaft r be incurred under
such ordinance, unless a provision of this a ending ordinance hn.,_1.1 so
expressly provide, and such ordinance repealed h ,11 be tre' t d ; .a
still rental %nng in force for the purpose of sut ining ,, ny proper
action or pro neutron for the enforcement of uch duty, condition,
penalty, forfeiture, or 1i bility, ,nd. for the purpose of authorizing
the prosecution, conviction and punishment of the person or person who
previously violated the repealed ordinance
rqencys Thi. ordinanc being necessary for the
duo to preservation of the public pace, health and safety, ann
emergency is declared to eni. t, and this ordinance tkea ftect on its
passage .
DATED this day of July, 1996
BOARD OF
or DESCHUT
Tousle:
PAGE 2 0 DI CE NO 9 055 ( 10/96)
Y commiSSZGN ;RS
COUNTY, , OREGON
Fab" W
Chapter 15.04. BUILDING AND
CONSTRUCTION CODES AND
REGULATIONS
15.04.010. Documents adopted with
amendments -Enforcement.
4:5.04.020. Appliesbility
-15.04.036. Dwelling eede Adopted
15.04.037. Wildfire hazard designation.
15.04.055. Solid fuel heating devices.
15.04.070. Building abatement code -Adopted.
15.04.080. Fire code -Adopted.
15.04.090. Definitions.
15.04.095. Definition -Appointing authority.
15.04.100. Definition -Building department.
15.04.105. Definition -Building official.
15.04.110. Definition -County.
15.04.115. Definition -Fire chief.
15.04.120. Definition -Mobile home.
15.04.125. Definition -Modular or factory -built
home.
15.04.130. Mobile homes -Placement
permit -Inspection -
15.04.140. Expedited construction start.
15.04.150. Mobile homes -State certification
required.
15.04.160. Building permit issuance -Zoning
conformance -Planning
department approval.
15.04.170. Industrial/Commercial
structure -Occupancy certificate
required.
15.04.180. Building or mobile home placement
permit issua>ce-Zoning
and subdivision conformance.
15.04.190. Permit fees -Adjustments.
15.04200. Numbers for addresses -Placement.
15.04210. Administration -Enforcement.
15.04.220. Conditions deemed a public nuisance.
15.04.230. Violation -Penalty.
�. ..
mr-wn w3 M -Mm
W-917-91
15.04.020. Applicability.
and pegWMiem adopted by or enfepeed purseant
the eew". (Repealed by Ord. 96-055 § 1, 1996,
Ord. 83-056 § 16, 1983)
15.04.030. Structural code -Adopted.
mr-wn w3 M -Mm
W-917-91
15.04.020. Applicability.
and pegWMiem adopted by or enfepeed purseant
the eew". (Repealed by Ord. 96-055 § 1, 1996,
Ord. 83-056 § 16, 1983)
15.04.030. Structural code -Adopted.
f
e . (Repealed by Ord. 96-055 § 1,
1996 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 eeptain beak or rk,r✓
whAe -W an fAe '+h the r., aty Clerk ..Tar ke
And- eatitleE� State of Gfegen 1903 Edkieft One
And- TIvo- Family DweOing SpeeialtyCede,
e€€eetive May 1, W93, hereby is eaeptea as th
eede-€er-ex^xe- and twe-€emigy diverge-�
�:cex Derated Desehes Gelfty;a-z nd sElwe'�
11'b de, se r a een ems. -+:le i the eFF:..e
p .l .,
mader r � + F +1,:r, ,.hapte_ as th „�1fuUy set
eu-kereie (Repealed by Ord. 96-055 § 1, 1996,
Ord. 93-024 § 1, 1993; Ord. 90-030 § 1, 1990;
Ord. 87-020 § 1, 1987; Ord. 86-073 § 1, 1986)
15.04.037. Wildfire hazard designation.
(Repealed by Ord. 93-044; Ord. 93-041 §1, 1993)
15.04.040. Plumbing code -Adopted.
and -And -e€ Aregen PkHabi xg Speeial`;,-
Cede, 1o62 Rditie=�,l3ased e13 the-Dniferm
Rh mbiug Cede, 1991 EdkieF4
State a€- Oresefe€€eetive danuspy ', 1994,
cvxxoxox�s�the eiccoxva; azsoo'mccaioi
releeat:e^ Pepiseement,
Vstems in the
e xeergerated APARS Re 44P Aewty. The
made a part of this ehaptep as thou& Pally set
Aut-i" this (Repealed by Ord. 96-055 § 1,
1996, 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,
0155-0308
1987; Ord. 83-056 § 2, 1983)
15.04.050. Mechanical code -Adopted.
za eeptain been vxpRQaca ioi
m iehiii-vxriiti with o hG r +✓ rl,,..lE; MOPd
a +41 a rT J: --MeeharAeal-ede, 1991
a•+ea; State F Oregen M h 1 cr uy
0e4e,-1943 Ed}kW* effeetive Januapy 1, �1893;
hemmer -referred to as the " "`""';en eadey"
is .1 + .7 in its t4ety s the meehanieal e- e
-a
matepials, >
of heat ventilatLng; -eeelLa, i2effigeratWo
BgayrAemsf
Law,
in the wineerpemted afearof the eeurAy. The
meehap&94 e9de so adepte4-aad on Me in the
1
ikefef-eneessmedG RpQtt OS this Ch'r}e as thelagh-
fuRy set eat in this ehapt
(Repealed by Ord.
96-055 § 1, 1996, 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)
15.04.055. Solid fuel heating devices.
(Repealed by Ord. 91-025 § 1, 1991; Ord. 91-016
§ 1, 1991)
Aut in this ter. (Repealed by Ord. 96-055 § 1,
1996, Ord. 93-042 § 1, 1993; Ord. 90-030 § 2,
1990; Ord. 87-019 § 1, 1987; Ord. 84-028 § 1,
1984; Ord. 83-056 § 4, 1983)
15.04.070. Budding 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. The Uniform Code for the
Abatement of Dangerous Buildings is adopted as
amended below:
1. The words "or premises" are
inserted after the word "building" under sections
401, 402, 403, 404, 701, 703, 802 and 901;
2. Chapter 9 is amended as follows:
Section 901. Account of Expense, Filing
of Report: Contents. The director of the
Community Development 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
objections thereto. The board shall cause notice
of said hearing to be posted upon the property
6135-0309
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
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 Oregon Revised Statutes chapter
87.
Section 906. Lien.
(a) Priority. Any lien filed pursuant to this
chapter shall have the priority established in
Oregon Revised Statutes chapter 87 for
construction liens. The lien 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 Oregon Revised
Statutes chapter 87.
Section 912. Disbursement of Lien. All
money recovered from the sale of the property
through lien foreclosure proceedings under
Oregon Revised Statutes chapter 87 shall be paid
to the County Treasurer, who shall credit the
same to the county general fund. (Ord. 95-005 §
1, 1995; 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, 1991 Edition,
State of Oregon 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)
15.04.090. Definitions.
Whenever appropriate in applying the
provisions of this chapter, the following words
and phrases are defined as set forth in
15.04.095-125. (Ord. 95-063 § 1, 1995; Ord.
83-056 § 12, 1983)
0.55-0310
15.04.095. Definition -Appointing authority.
"Appointing authority means the Board
of County Commissioners. (Ord. 83-056 § 12,
1983)
15.04.100. Definition -Building department.
"Building department" means the office of
the county building official or his designee. (Ord.
83-056 § 12, 1983)
15.04.105. Definition -Building official -
"Building official" means the person
designated by the board as the building
administrator. (Ord. 83-056 § 12, 1983)
15.04.110. Definition -County -
"County" means Deschutes County, a
political subdivision of the State of Oregon. (Ord.
83-056 § 12, 1983)
15.04.115. Definition -Fire chief.
"Fire chief' means the applicable chief of
any rural fire protection district. (Ord. 83-056 §
12, 1983)
15.04.120. Definition -Mobile home.
"Mobile home" has the meaning provided
in Title 18 of this code. (Ord. 83-056 § 12, 1983)
15.04.125. Definition Modular or factory -built
home.
"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)
15.04.130. 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)
15.04.140. 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.
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 Development Department for
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
0155~-0311
this chapter shall be in addition to any remedies
set forth under the Agreement. (Ord. 91-046 § 1,
1991)
15.04.150. Mobile homes -State certification
required.
Nomodular 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)
15.04.160. Building permit issuance -Zoning
conformance -Planning department approval.
No building permit shall be issued for the
construction, reconstruction, remodeling,
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)
15.04.170. Industrial/Commercial
No industrial or commercial structure
shall be occupied until a certificate of occupancy
has been issued. (Ord. 95-063 § 1, 1995; Ord.
93-052 § 1, 1993)
15.04.180. 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
]and 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, the subdivision
title or Title 18, the zoning title. 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. 95-063 §
1, 1995; Ord. 83-056 § 11, 1983)
15.04.190. Permit fees -Adjustments.
The fees for permits under this chapter
shall be the fees prescribed by the State 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)
15.04200. 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 50 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)
15.04210. 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 chief. (Ord. 83-056 § 13,
1983)
15.04220. 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)
g..... i1 is a Class A infraction.
...........:..:....:..::..
(Ord. 96-055 § 2, 1996)
[96-055f]