2001-479-Ordinance No. 2001-024 Recorded 6/7/2001VOL: CJ2001 PAGE: 479
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ2001-479 * Vol -Page Printed: 06/29/2001 13:45:54
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Jun. 7, 2001; 2:40 p.m.
Ordinance (CJ)
NUMBER OF PAGES: 12
,4�� ,0,
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
Kk-ypubCNch
J111V 2001
-REVIEWED AS TO FORM;06' ` . q 11 APPROVED
Ar� 0 T /—C
Code Review Committee Legal Counsel
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON
0I JLIN -7 PH 2.4-0
An Ordinance Amending Title 15, Buildings
And Construction Codes and Regulations, Arti'
Of the Deschutes County Code. C0UN i v CLERK
ORDINANCE NO. 2001-024
WHEREAS, a statute enacted by the 1993 Legislature and changes to Oregon's Building Code
encourage local governments to voluntarily designate those portions of their jurisdictions subject to
catastrophic fire as "Wildfire Hazard Zones;" and
WHEREAS, the purpose of these zones is to define those areas where buildings need to be made
more survivable from fires spreading from surrounding wild lands; and
WHEREAS, Deschutes County has prepared a map in accordance with the mapping criteria
contained in Oregon Administrative Rule Chapter 629, Division 44; and
WHEREAS, adoption of the map will implement Section 326 of the 1998 International One -and
Two -Family Dwelling Code, and the provisions of Oregon Revised Statutes 93.270(4); and
WHEREAS, after notice was given and a hearing conducted on May 23, 2001, in accordance
with applicable law, the Deschutes County Board of Commissioners has considered the map and the
testimony given at the hearing; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. 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, with new language underlined.
Section 2. ADOPTION OF WILDFIRE HAZARD AREAS MAP. A certain map, a copy of
which is attached as Exhibit `B" and is on file with the County Clerk, marked and entitled, Deschutes
County Wildfire Hazard Areas, is hereby adopted consistent with OAR Chapter 629, Division 44.
DATED this 'day o �,2001
ATTEST:
Recording Secretary
Page 1 of i - ORDINANCE NO. 2001-024 (05/23/01)
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES (BOUNTY, OkEGON
Tom DeWoS/Chair
Dennis R. Luke, Commissio r
Mi ael M. Daly, Comm' sioner
EXHIBIT "A"
Chapter 15.04. BUILDING AND
CONSTRUCTION
CODES AND
REGULATIONS
15.04.010.
Specialty codes and building
requirements
adopted -Enforcement.
15.04.020.
Repealed.
15.04.030.
Repealed.
15.04.035.
Repealed.
15.04.037.
Repealed.
15.04.040.
Repealed.
15.04.050.
Repealed.
15.04.055.
Repealed.
15.04.060.
Repealed.
15.04.070.
Building abatement
15.04.190.
code -Adopted.
15.04.080. Fire code -Adopted.
15.04.085. Wildfire hazard zones.
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
15.04.220. Conditions deemed a public
nuisance.
15.04.230. Violation -Penalty.
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 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. 2001-016 § 2,2001; Ord. 96-055 § 2, 1996)
15.04.020.
required.
15.04.160.
Building permit issuance -Zoning
15.04.035.
conformance -Planning
15.04.037.
Department approval.
15.04.170.
Industrial/Commercial
15.04.050.
structure -Occupancy certificate
15.04.055.
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.
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 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. 2001-016 § 2,2001; 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. 93-044 1993)
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)
15.04.060.
(Repealed by Ord. 96-055 1996)
15.04.070. Building abatement code -
Adopted.
A. Except as provided in DCC 15.04.070(B), 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
Page 1 of 6— EXHIBIT "A" TO ORDINANCE NO. 2001-024 (05/23/01)
building abatement code for the
Such notice shall be given at least ten
unincorporated areas of the County for
days prior to the date set for hearing and
regulating and controlling the repair,
shall specify the day, hour and place
vacation, demolition and abatement of
when the Board will hear and pass upon
dangerous buildings in the unincorporated
the director's report, together with any
areas of the County. The building abatement
objections or protests which may be filed
code adopted and on file in the County
as hereinafter provided by any person
Clerk's office is referred to and by this
interested in or affected by the proposed
reference made a part of DCC 15.04 as
charge.
though fully set out in DCC 15.04.
Section 903. Protests and
B. The Uniform Code for the Abatement of
Objections -How Made. Any person
Dangerous Buildings is adopted as amended
interested in or affected by the proposed
below:
charge may file written protests or
1. The words "or premises" are inserted
objections with the Board at any time
after the word "building" under sections
prior to the time set for the hearing on the
401, 402, 403, 404, 701, 703, 802 and
report of the director. Each such protest
901;
or objection must contain a description of
2. Chapter 9 is amended as follows:
the property in which the signer thereof
Section 901. Account of Expense, Filing
is interested and the grounds of such
of Report: Contents. The Director of the
protest or objection.
Community Development Department
Section 904. Hearing of Protests. Upon
shall keep an itemized account of the
the day and hour fixed for the hearing,
expense incurred by the County in the
the Board shall hear and pass upon the
repair or demolition of any building done
report of the director together with any
pursuant to the provisions of section
objections or protests. The Board may
701(C)3 of this code. Upon the
make such revision, correction or
completion of the work of repair or
modification in the report or the charge
demolition, said director shall prepare
as it may deem just; and when the Board
and file with the Board a report
is satisfied with the correctness of the
specifying the work done, the itemized
charge, the report (as submitted or as
and total cost of the work, a description
revised, corrected or modified) together
of the real property upon which the
with the charge, shall be confirmed or
building or structure is or was located,
rejected. The decision of the Board on
and the names and addresses of the
the report and the charge, and on all
persons entitled to notice pursuant to
protests or objections, shall be final and
subsection (c) of section 401.
conclusive.
Section 902. Report Transmitted to
Section 905. Personal Obligation and
Board -Set for Hearing. Upon receipt of
Lien Against Property.
said report, the Board shall fix a time,
(a) General. The Board may
date and place for hearing said report and
thereupon order that said charge may be
any protests or objections thereto. The
made a personal obligation of the
Board shall cause notice of said hearing
property owner and/or assess said charge
to be posted upon the property involved,
as a lien against the property involved.
published once in a newspaper of general
(b) Personal Obligation. If the
circulation in this jurisdiction, and served
Board orders that the charge shall be a
by certified mail, postage prepaid,
personal obligation of the property
addressed to the owner of the property as
owner, it shall direct County Legal
the owner's name and address appear on
Counsel to collect the same on behalf of
the last assessment roll of the County.
Page 2 of 6— EXHIBIT "A" TO ORDINANCE NO. 2001-024 (05/23/01)
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 87.
Section 906. Lien.
(a) Priority. Any lien filed pursuant
to this chapter shall have the priority
established in ORS 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
ORS 87.
Section 912. Disbursement of Lien. All
money recovered from the sale of the
property through lien foreclosure
proceedings under ORS 87 shall be paid
to the County Treasurer, who shall credit
the same to the County general fund.
(Ord. 2001-016 § 2, 2001; 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, 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
DCC 15.04 as though fully set out herein.
(Ord. 2001-016 § 2, 2001; 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)
• WILL
•MIMM
B_ AdQP1i0D of the, Wildfire Hazard Areas map
u• ..'he provisions of •. 326 of
the 1999 Intemational •• ••Two-Famil-
Dwelling ••
• 2001-024 11
15.04.090. Definitions.
Whenever appropriate in applying the provisions
of DCC 15.04, the following words and phrases
are defined as set forth in DCC 15.04.095-125.
(Ord. 2001-016 § 2, 2001; 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. 2001-016 § 2, 2001; 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. 2001-016 § 2, 2001; 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. 2001-016 § 2, 2001; Ord. 83-056 § 12,
1983)
15.04.110. Definition -County.
"County" means Deschutes County, a political
subdivision of the State of Oregon.
(Ord. 2001-016 § 2, 2001; Ord. 83-056 § 12,
1983)
15.04.115. Definition -Fire chief.
"Fire chief' means the applicable chief of any
rural fire protection district.
(Ord. 2001-016 § 2, 2001; Ord. 83-056 § 12,
1983)
Page 3 of 6— EXHIBIT "A" TO ORDINANCE NO. 2001-024 (05/23/01)
15.04.120. Definition -Mobile home.
"Mobile home" has the meaning provided in DCC
18.
(Ord. 2001-016 § 2, 2001; 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 DCC 15.04.
(Ord. 2001-016 § 2, 2001; 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. 2001-016 § 2, 2001; Ord. 95-063 § 1, 1995;
Ord. 83-056 § 7, 1983)
15.04.140. Expedited construction start.
A. Notwithstanding any other provision set forth
in DCC 15.04, 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 DCC 15.04.140 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 DCC
15.04.140, 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 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 DCC
15.04.140.
C. Any owner wishing to proceed with
construction under DCC 15.04.140 shall
apply to the Community Development
Department for approval and pay an
application fee in an amount determined by
the Board.
D. For purposes of enforcement, violation of any
provision of the agreement authorized by
DCC 15.04.140 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 DCC 15.04. Enforcement under DCC
15.04 shall be in addition to any remedies set
forth under the Agreement.
(Ord. 2001-016 § 2, 2001; Ord. 95-063 § 1, 1995;
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.
Page 4 of 6- EXHIBIT "A" TO ORDINANCE NO. 2001-024 (05/23/01)
(Ord. 2001-016 § 2, 2001; Ord. 95-063 § 1, 1995;
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. 2001-016 § 2, 2001; Ord. 95-063 § 1, 1995;
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. 2001-016 § 2, 2001; 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 DCC 17, the subdivision title or
DCC 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. 2001-016 § 2, 2001; Ord. 95-063 § 1, 1995;
Ord. 83-056 § 11, 1983)
15.04.190. Permit fees -Adjustments.
The fees for permits under DCC 15.04 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. 2001-016 § 2, 2001; Ord. 96-058 § 1, 1996;
Ord. 95-063 § 1, 1995; 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. 2001-016 § 2, 2001; Ord. 95-063 § 1, 1995;
Ord. 83-056 § 9, 1983)
15.04.210. Administration -Enforcement.
The building official as defined in DCC 15.04
shall administer and enforce DCC 15.04, except
that the provisions of the fire code shall be
administered and enforced by the applicable fire
chief.
(Ord. 2001-016 § 2, 2001; Ord. 95-063 § 1, 1995;
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 DCC 15.04, 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
DCC 15.04.
(Ord. 2001-016 § 2, 2001; Ord. 95-063 § 1, 1995;
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 DCC
Page 5 of 6— EXHIBIT "A" TO ORDINANCE NO. 2001-024 (05/23/01)
15.04 or any specialty code or building
requirement administered by the County
pursuant to ORS 455.153.
B. Violation of any provision of DCC 15.04 or
any specialty code or building requirement
administered by the County pursuant to ORS
455.153 is a Class A infraction.
(Ord. 2001-016 § 2, 2001; Ord. 96-055 § 2, 1996;
Ord. 95-063 § 1, 1995; Ord. 83-056 § 17, 1983)
Page 6 of 6— EXHIBIT "A" TO ORDINANCE NO. 2001-024 (05/23/01)
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QUESTIONS AND ANSWERS
ABOUT
WILDFIRE HAZARD ZONES
A statute enacted by the 1993 Legislature and changes to Oregon's Building Code encourage local
governments to voluntarily designate those portions of their jurisdictions subject to catastrophic fire as
"Wildfire Hazard Zones." The purpose of these zones is to define those areas where buildings need to
be made more survivable from fires spreading from adjacent wildlands. This Questions and Answers
publication should help to answer many of the most frequently asked questions about the process of
identifying and adopting Wildfire Hazard Zones.
WHY SHOULD WE DESIGNATE WILDFIRE HAZARD ZONES?
If portions of your jurisdiction are prone to wildfire, the
adoption of Wildfire Hazard Zones will permit the use of a
special law which makes it easier for homeowners to protect their
dwellings from fire. Also, adoption will automatically apply
special provisions of the Building Code which are designed to
make new or certain remodeled dwellings more fire safe.
IS THE ADOPTION OF WILDFIRE HAZARD ZONES MANDATORY?
No. The adoption of Wildfire Hazard Zones is completely
voluntary. Local jurisdictions have the responsibility to
determine whether or not to participate in the adoption process.
IS IT DIFFICULT TO ADOPT WILDFIRE HAZARD ZONES?
No. The criteria used to adopt wildfire hazard zones were
established with ease of application in mind. The process has
been made as untechnical as possible. The required reference
material is readily available through the Oregon Department of
Forestry.
WHAT JURISDICTIONS MAY ADOPT WILDFIRE HAZARD ZONES?
Any unit of local government authorized by law to adopt a
building code or to adopt a fire prevention code may adopt
wildfire hazard zones. This includes counties, cities and rural
fire protection districts.
DOES THE ADOPTION OF WILDFIRE HAZARD ZONES CONSTITUTE A LAND
USE ACTION?
No. The adoption of Wildfire Hard Zones is not a component of
Oregon's land use planning process or regulations and therefore
any Wildfire Hazard Zones adopted will not require you to amend
your comprehensive plan.
CAN WILDFIRE HAZARD ZONES BE ADOPTED ONLY IN FORESTED AREAS?
No. Wildfire Hazard Zones may apply to any location in the state
which meets the criteria set forth by the Department of Forestry.
It is possible that some non -forested areas will qualify as
Wildfire Hazard Zones.
WHAT WILL ADOPTION OF WILDFIRE HAZARD ZONES COST?
There will be some minor costs involved in inventorying and
mapping your jurisdiction, relative to the criteria established
by the Department of Forestry. The criteria were established
with an eye to making the process as easy and uncomplicated as
possible.
WILL THE DEPARTMENT OF FORESTRY DO THE INVENTORY AND MAPPING
WORK FOR US?
Local Department of Forestry offices will assist and advise local
jurisdictions, however, the:responsibility for conducting the
process rests with local jurisdictions.
WHAT REGULATIONS WILL APPLY WITHIN AREAS DESIGNATED AS WILDFIRE
HAZARD ZONES?
Upon the adoption of a Wildfire Hazard Zone, two things happen.
First, the provisions of ORS 93.270(4) are activated. Otherwise
dormant, these provisions say that legal action cannot be brought
against a property owner for using fire resistant roofing
material, even if a flammable material, such as cedar shakes, is
specifically required by covenants which run with the land.
Second, several provisions of 1993 Building Code are activated.
These provisions require that fire safe roofing materials be used
and that addresses be conspicuously posted. The roofing material
provisions compliment similar existing requirements in ORS
215.730, which sets standards for dwellings on forestland.
DO ALL PORTIONS OF A JURISDICTION NEED TO BE CONSIDERED?
No. Which portions of a jurisdiction will be evaluated and which
will subsequently be designated as a Wildfire Hazard Zone is
entirely up to the local jurisdiction.
WILL THE DESIGNATION OF A WILDFIRE HAZARD ZONE CHANGE THE
INTERPRETATION OF LAND USE RULES?
No. The determination and establishment of Wildfire Hazard Zones
does not constitute a land use action.
CAN PREVIOUS MAPS OF HIGH FIRE DANGER AREAS BE USED TO
DETERMINE THE LOCATION OF WILDFIRE HAZARD ZONES?
No. Previous high fire danger maps were not based on criteria
set forth in Department of Forestry rules. ORS 93.270(4) and the
1993 Building Code require that the criteria set forth in these
rules only be used.
WHO WILL ENFORCE WILDFIRE HAZARD ZONE PROVISIONS?
The provisions of ORS 93.270 need no enforcement, because of
their prohibition of public and private legal action against a
property owner. The provisions of the 1993 Building Code will be
enforced by local jurisdictions like other portion of the
Building Code.
WHY DID ODF USE THE CRITERIA IT DID?
The criteria were selected for several reasons. First, the
enabling legislation provided limits to the criteria which could
be used. Second, the selected criteria are the principal ones
which most influence the spread of wildland fire. Third, the
criteria was developed so that they could be used and understood
by people who may not be familiar with the technical aspects of
wildland ignition potential and fire behavior.
CAN WE USE DIFFERENT CRITERIA?
No. Both the enabling legislation and the 1993 Building Code
requires the use of criteria developed by the Board of Forestry.
WHERE CAN I OBTAIN MORE INFORMATION ABOUT WILDFIRE HAZARD
ZONES?
Contact the Fire Prevention Unit of the Oregon Department of
Forestry, 2600 State Street, Salem, OR 97310, telephone (503)
945-7440, fax (503) 945-7454.
P__ s c0
Community Development Department
° y Planning Division • Building Safety Division • Environmental Health Division
0 t �4
117 NW Lafayette Avenue • Bend, Oregon • 97701-1925
(541) 388-6575 • FAX (541) 385-1764
MEMORANDUM http://www.co.deschutes.or.us/cdd/
DATE: May 16, 2001
TO: Deschutes County Board of Commissioners
FROM: Dennis Perkins, Building Official
Kevin Harrison, Principal Planne %
SUBJECT: Wildfire Hazard Zones
On Wednesday, May 23, 2001, the Board will conduct a public hearing to consider adoption of
Wildfire Hazard Zones via Ordinance No. 2001-024. Wildfire Hazard Zones are the result of
state legislation adopted in 1993 and administrative rules promulgated by the State Board of
Forestry in 1996. These changes to state law, and to Oregon's Building Code, encourage local
governments to voluntarily designate those portions of their jurisdictions subject to catastrophic
fire as "Wildfire Hazard Zones."
If the county chooses to adopt the map of the hazard zone, then Section 326 of the 1998
International One -and Two -Family Dwelling Code, and provisions of Oregon Revised Statutes
93.270(4), will be put into effect. Section 326 deals with appropriate roofing materials in the
hazard zone; ORS 93.270(4) says that legal action cannot be brought against a property owner
for using fire resistant material, even if a flammable material, such as cedar shakes, is
specifically required by covenants which run with the land. Adoption of the Wildfire Hazard
Zone map does not constitute a land use action. There are no land use consequences that will
result from adoption of the map. However, adoption of the map will require a building permit in
order to re -roof a structure whereas now this activity is exempt from the permit process.
The county used a consultant, John Schaeffer, to prepare a map based on the criteria contained
in Oregon Administrative Rule Chapter 629, Division 44. The map shows all of Deschutes
County, except for lava flows, lakes and concentrations of irrigated land, as being in a hazard
zone. As a practical matter, and to ease administration of the building code, staff recommends
that the entire county be mapped as a Wildfire Hazard Zone.
The map has been reviewed by all of the local fire protection districts; notice of the hearing has
been sent to all Homeowners Associations, roofing contractors and suppliers and Central
Oregon Builders Association. A copy of the ordinance and exhibits are attached for your review.
Please note that the ordinance does not contain an emergency clause. And, please feel free to
contact Dennis or me if you have any questions or comments.
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