33-889-Ordinance No. 203-13 Recorded 1/16/1980i.
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VOL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of Adoption )
of the Oregon State )
Structural Specialty Code )
and Fire and Life Safety Code )
LEGISLATIVE FINDINGS:
COUNTY ORDINANCE NO. 203.13
33 PA&:( 839
1. The Oregon State Structural Specialty Code and Fire and Life Safety Code has been
adopted in this State pursuant to ORS 456.770 and has been made a part of the State
Building Code pursuant to ORS 456.775.
2. The Board of County Commissioners of Deschutes County is authorized by ORS 456.755(4)
to regulate the local administration of the State Building Code.
3. ORS 203.035 permits the Board of County Commissioners to adopt ordinances to protect
the public safety, health, peace and general welfare and to prescribe penalties set
forth in ORS 203.065 for their violation.
4. The Order of this Board dated August 20, 1973, in the matter of "A Uniform Building
and Plumbing Code for Deschutes County herein established as County Ordinance PL-7,"
was erroneous in the following respects:
a. It is numbered the same as the County Partition Ordinance PL-7 of 1977;
b. It does not state that it is adopted pursuant to ORS 203.035, so it is left
open to doubt whether the County may impose the criminal penalties of ORS 203.035 for
violation of the Building and Plumbing Codes;
C. It adopted the Uniform Building and Plumbing Codes 1970 Edition, which has been
superseded, so it is doubtful whether the order applied to superseding editions of the
codes;
d. It does not state that violations of the Building and Plumbing Codes are a
nuisance, so it is doubtful whether the County may seek injunctive relief against them.
The Board of County Commissioners of Deschutes County, Oregon ordains as follows:
1. Adoption of State Building Code. The Oregon State Structural Specialty Code and
Fire and Life Safety Code, incoporated into the Oregon State Building Code pursuant
to ORS 456.775, hereinafter referred to as "the Code," is adopted by Deschutes County
pursuant to ORS 456.755(4) and ORS 203.035.
2. This Ordinance supersedes the order of the Board of County Commissioners of
July 18, 1973, in the matter of "A Uniform Building and Plumbing Code for Deschutes
County herein established as County Ordinance PL-7," as of the effective date of this
Ordinance.
PAGE -1- COUNTY ORDINANCE 203.13
VOL 3 wu 99~'D
3. References herein to the Code shall refer to subsequent revisions and amendments
thereof.
4. This Ordinance shall not apply to accessory buildings exclusively for farm use as
defined in ORS 215.203(2)(a), except if the structure is also used as a dwelling
or for public occupancy, such as arenas, grange halls or as a marketplace, as determined
by the County Building Official.
5. The penalties for violation of the Code which may be imposed by the County are
those set forth in ORS 203.065.
6. Violations of the Code within Deschutes County are hereby declared to be a public
nuisance, and the County may, in addition to and not in lieu of any other remedies
provided by law, institutie the proceedings set forth in ORS 215.185 for the enforcement
of this Ordinance, and the Code adopted herein.
7. Emergency Clause. This Ordinance is deemed to be immediately necessary for the
protection of the public safety, health, peace and general welfare, in that there
are several Code violations in the County which owners have failed and refused to
correct, and it appears that the order mentioned above dated July 18, 1973, may not
be sufficient to enable the County to obtain judicial enforcement of the 1976 or
new 1979 State Building Codes. Accordingly, an emergency is declared to exist and
this Ordinance shall become effective upon adoption.
DATED this dXday of January, 1980.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
R SEMARY PAT RSON
County lerk G-G~
PAGE -2- ORDINANCE 203.13
ROBERT C. P ULSON, JR., Commissioner
