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1997-08785-Ordinance No. 97-024 Recorded 3/14/1997w 0156-2213 � R E_V1 EWED c BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 97MIMR 14 AM 11: 18 An Ordinance Amending Section 15.04.080, V _ .. .� Fire code -Adopted, of the Deschutes County Code and Declaring an Emergency. ORDINANCE NO. 97-024 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Deschutes County Code Section 15.04.080, Fire code - Adopted, is hereby amended as set forth in Exhibit A attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikeout. Section 2. 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 3. 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 Commissioner u. y`" �cssdk `�J t ? PAGE 1 - ORDINANCE NO. 97-024 (3-12-97) •f 0156-24214 Section 4. Emergency. This Ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist, and this Ordinance take effect on its passage. DATED this 12th day of March, 1997. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NANCY P,014 SC)HLANGEN, _Cha c ATTEST: ROBT L. NIPPER, Com6hissioner Recording Secr Lary LINDA L. SWEARINGEN, Commissioner PAGE 2 - ORDINANCE NO. 97-024 (3-12-97) 0.156 - EXHIBIT A to Ordinance No. 97-024 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, 1901 1994 Edition, State of Oregon 1992 1996 Amendments, effective july 15, 1992 April 1, 1996, 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) Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS 15.04.010. Specialty codes and building 15.04.030. requirements adopted - 15.04.035. Enforcement. 15.04.070. Building abatement 15.04.040. 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 issuance - Zoning and subdivision conformance. 15.04.190. Permit fees -Adjustments. 15.04.200. Numbers for addresses - Placement. 15.04.210. Administration -Enforcement. 15.04.220. Conditions deemed a public nuisance. 15.04.230. Violation -Penalty. 0, 1 t)" 6-22 1 15.04.010. Specialty codes and building requirements adopted - Enforcement. A. In the unincorporated areas of the County, the County shall administer and enforce pursuant to ORS 455.153, the following specialty codes and building requirements as though the specific specialty codes and building requirements were ordinances of the County: 1. The specialty codes under ORS chapter 447 (Plumbing; Access by Disabled Persons), 455 (Building Code) and ORS 479.510 to 479.945 (Electrical Safety Law). 2. Mobile or manufactured dwelling parks requirements adopted under ORS 446.062. 3. Temporary parks requirements adopted under ORS 446.105. 4. Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230. 5. Park and camp requirements adopted under ORS 455.680. (Ord. 96-055 § 2, 1996) 15.04.020. (Repealed by Ord. 96-055 1996) 15.04.030. (Repealed by Ord. 96-055 1996) 15.04.035. (Repealed by Ord. 96-055 1996) 15.04.037. (Repealed by Ord. 93-0441993) 15.04.040. (Repealed by Ord. 96-055 1996) 15.04.050. (Repealed by Ord. 96-055 1996) 15.04.055. (Repealed by Ord. 91-025 199 1) Chapter 15.04 1 (11/1996) 15.04.060. (Repealed by Ord. 96-055 1996) 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 regulatingand controllingthe 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 { 156-2zl 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 Chapter 15.04 2 (11/1996) 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) C1_1 a 2,2 18 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, 1994 Edition, State of Oregon 1996 Amendments, effective April 1, 1996, 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. 97-024 § 1, 1997; 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) 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) Chapter 15.04 3 (11/1996) 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 applicabilityto 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 this chapter shall be in addition to any remedies set forth under the Agreement. (Ord. 91-046 § 1, 199 1) 15.04.150. 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) Chapter 15.04 4 (11/1996) 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 structure - Occupancy certificate required. 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 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, 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 approved by the state, or set a fee for a permit for which the state has failed to set a fee by proper resolution. (Ord. 96-058 § 1, 1996; Ord. 93-006 § 1, 1993; Ord. 83-056 § 15, 1983) 15.04.200. 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) 15.04.210. 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) 15.04.220. 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) 15.04.230. 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 or any specialty code or building requirement administered by the County pursuant to ORS 455.153. B. Violation of any provision of this chapter or any specialty code or building requirement administered by the County pursuant to ORS 455.153 is a Class A infraction. (Ord. 96-055 § 2, 1996; Ord. 83-056 § 17, 1983) Chapter 15.04 5 (11/1996) • • 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. `•/ �J ed k5- -6 N�24, 21 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) .; C n 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, 199V-11 Edition, State of Oregon 199CAmendments, effective !3392; fiereinafter referred to as fire code," hereby is adopted in its entirety as theire 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) Chapter 15.04 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) 3 (11/1996) 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 lJ�tr � �,shs�G 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) 15.04.150. 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) 15.04.160. 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 structure - Occupancy certificate required. 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 Chapter 15.04 4 (11/1996) 4 •