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2020-242-Minutes for Meeting June 10,2020 Recorded 7/21/2020E S C0 �y /� �y BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 Recorded in Deschutes County CJ2020-242 Nancy Blankenship, County Clerk Commissioners' Journal 07/21 /2020 2:27:42 PM Cx irk WWI 2i020-242minumuuuuuuu PLATFORMWednesday, June 10, 2020 BARNES & SAWYER ROOMS VIRTUAL MEETING Present were Commissioners Patti Adair, Anthony DeBone, and Phil Henderson. Also present were Tom Anderson, County Administrator; David Doyle, County Counsel; Janice Garceau, Behavioral Health Deputy Director (present via Zoom conference call, item 4); Molly Darling, Behavioral Health Intensive Adult Services Program Manager (present via Zoom conference call, item 4); Peter Russell, CDD Senior Transportation Planner (present via Zoom conference call, item 5); Nick Lelack, CDD Director; Nahad Sadr-Azodi, Public Health Services Deputy Director (present via Zoom conference call, item 7); Dr. George Conway, Health Services Director (present via Zoom conference call, item 7); Scott Aycock, COIC Manager of Community and Economic Development (present via Zoom conference call, item 7); David Givans, Internal Auditor (present via Zoom conference call, item 7); Kyle Collins, CDD Assistant Planner (present via Zoom conference call, item 10); Randy Scheid, CDD Building Official (present via Zoom conference call, item 10); William Groves, CDD Senior Planner (present via Zoom conference call, item 11); Laura Skundrick, Administrative Analyst; Whitney Hale, Director of Communications; and Elyse West, Administrative Assistant. No citizens or identified representatives of the media were in attendance at the Barnes & Sawyer Room. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair Adair called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE: BOCC MEETING JUNE 10, 2020 PAGE 1 OF 11 CITIZEN INPUT: Commissioner Adair recognized Kari Coe, Public Health nurse for her efforts and advocacy of long-term elder care in the community. CONSENT AGENDA: Before the Board was consideration of approval of the Consent Agenda. HENDERSON: Move approval of the Consent Agenda DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 1. Renewal of the Oregon Public Works Emergency Response Cooperative Assistance Agreement 2. Consideration of Board Order No. 2020-018 and Order No. 2020-019, Setting Public Hearing on Annexations into West La Pine Livestock District 3. Consideration of Board Signature of Order No. 2020-031, Declaring Certain Deschutes County Personal Property Surplus and Authorizing Sale through PublicSurplus.Com ACTION ITEMS: 4. Consideration of Request to Repurpose New CCBHC Expansion Position from BH Specialist II to BH Supervisor. Janice Garceau, Behavioral Health Deputy Director, was present via conference call and provided a summary of the request. This effort would repurpose supervisor time to maintain skills and oversee teams. This adjustment cost would be absorbed by current CCBHC grant funds, and would create a more sustainable model as community needs increase. Commissioner Adair said the older population is especially vulnerable due to social distancing during COVID-19. Ms. Garceau agreed and said additional funds from Oregon Health Authority will target that population. Molly Darling, Behavioral Health Intensive Adult Services Program Manager shared BOCC MEETING JUNE 10, 2020 PAGE 2 OF 11 that the new position would spend approximately 20 hours supporting that population. Commissioner Henderson asked if these positions require Board approval, as they are federally funded. Ms. Garceau answered that requests must be made to both governmental entities. Commissioner DeBone asked if the position would be effective immediately. Ms. Garceau confirmed that recruitment would start immediately upon approval. HENDERSON: Move approval of Request to Repurpose New CCBHC Expansion Position from BH Specialist II to BH Supervisor DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. 5. Consideration of and First Reading of Ordinance 2020-008 to Amend the Deschutes County Transportation System Plan to 1) Add Roundabouts at US 20/Cook-O.B. Riley and US 20/Old Bend -Redmond Hwy to the TSP Map; 2) Amend TSP Tables 5.3.1 and 5.3.T2; and 3) Amend TSP Text on Pages 150 and 166 Peter Russell, CDD Senior Planner, was present via conference call and presented the consideration of first reading of Ordinance 2020-008. Commissioner Adair and Commissioner DeBone pointed out the Board's ongoing support of the project. DEBONE: Move first reading, by title only of Ordinance No. 2020-008 HENDERSON: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried. Chair Adair provided first reading of Ordinance 2020-008 into the record. She confirmed the next reading will be June 24, 2020. BOCC MEETING JUNE 10, 2020 PAGE 3 OF 11 6. PUBLIC HEARING: Community Development Department Work Plan FY 2020-21 Nick Lelack, CDD Director summarized the work plan, based on Board goals and objectives, public comments, and carryover projects. The plan was adjusted due to COVID-19 and a May 20 work session was conducted. Commissioner DeBone spoke about their increased business between the recession and COVID-19, and recognized staff efforts to keep the industry strong. Mr. Lelack said staffing will be monitored due to business activity throughout the year, and performance measures supported by County Administration will continue to be achieved. He summarized the key projects for each division of Community Development, including affordable housing projects in Redmond and Bend, growth management in Redmond and Sisters, property use planning in La Pine, and grants and funding for wildfire and habitat projects. He shared that public input has increased recently regarding short-term rental regulations. Commissioner Henderson asked how the Natural Stewardship Position fits into CDD. Mr. Lelack said the Board can approve where the role lands within the County. Economic indicators are being reviewed by the Planning Commission, including material from EDCO and local Chambers' studies. The resulting information will be provided to the Board. Commissioner Adair asked about the historical activity levels of CDD business. Mr. Lelack confirmed that Building activity has remained stable and Planning numbers are similar to 10 years ago. Permitting activity is increasing. A public hearing decision matrix has been provided for BOCC review and approval. Chair Adair opened the public hearing at 10:37 a.m. and called for public testimony. Nunzi Gould joined via conference call and stated she submitted an email to BOCC for public comment regarding supporting the natural resource environment. She said the CDD work plan needs a position to steward natural resources. She also shared the need for a clear definition of affordable housing within the plan and within County Code. Doug White joined via conference call and stated the Planning Commission should consider the short-term rental topic in residential areas around Sisters and establish specific land use guidelines. Commissioner Henderson asked if the areas of concern are located outside resort properties. Mr. White confirmed the areas are and do not have ability to form HOA's or enforce regulations. Chair Adair closed the oral and written record and closed the Public Hearing at BOCC MEETING JUNE 10, 2020 PAGE 4 OF 11 10:51 a.m. 7. COVID19 Update Commissioner Adair thanked Dr. Conway for his assistance in enacting testing for vulnerable populations. GENERAL UPDATE: • Nahad Sadr-Azodi, Public Health recognized Public Health staff for their guidance and support. He reminded the community to recognize current time as being the beginning stages of COVID-19, and encouraged them to wear masks and practice physical distancing in gatherings. Oregon remains in the lower tier in many COVID-19 measurements. Commissioner Henderson asked if presumptive tests could be provided separately from test report totals, to provide better accuracy. Mr. Sadr-Azodi shared that the reports reflect state and national formats. The reports show the demographic population ages 20-29 is of a higher affected rate in Deschutes County than in the State. Hospitalization rates are decreasing, most likely due to this population shift. He confirmed that the current four positive patients in St. Charles are non-residents and are not in ICU. Environmental Health staff continue to respond to business inquiries. Commissioner Adair pointed out the consistency of positive counts in Deschutes County as being under 2%. • Dr. George Conway, Public Health provided an update on the Oregon State University trace study. On May 30 and 31, trace teams from OSU visited 30 neighborhoods in Bend with 60% of residents agreeing to a voluntary COVID- 19 test. Wastewater was also tested. Results and analysis of results will be released by OSU soon. Commissioner Adair asked what the percentage of positive tests were in the similar study conducted in Corvallis. Dr. Conway shared it was 1-2 positives per 1,000 tests. Commissioner Adair said the State will be taking over long-term care testing. Commissioner Henderson asked if local planning will still be considered. Dr. Conway said the State recommendations are being awaited before additional planning ensues. He confirmed that health officials are advising the State in managing the effort. Commissioner DeBone said long-term care staff should be fully educated about the voluntary testing and local funds invested in the efforts should be BOCC MEETING JUNE 10, 2020 PAGE 5 OF 11 reimbursed. BUSINESS ASSISTANCE UPDATE: David Givens, Internal Auditor reviewed the small business grant program. Deschutes County's original plan was to match with $67,000. The final program amount finalized at $208,000, with COIC supplementing the difference of the match. Scott Aycock, COIC Manager of Community and Economic Development confirmed a significant amount of loan applications from strong businesses was received. Two to three more rounds are expected and a new package will be designed based on needs such as reopening and new inventory. There is no anticipation of returning for an additional match from Deschutes County. Commissioner Henderson asked the source of the additional COIC loan funds. Mr. Aycock confirmed it was from the Oregon Community Foundation and Economic Development Administration (EDA). $2,000,000 more in federal funding is expected from the EDA for revolving funds and staffing costs. The first round of loan applications was reviewed and recommended by Community Lending Works. COIC's loan committee plan to review the next rounds. Commissioner DeBone pointed out this is a good opportunity for businesses to transform in their industry as needed. Mr. Aycock agreed and said business development services will be provided to loan recipients. He shared that approval for eligibility of Round 2 funding is expected by Friday or Monday. This outlines no match requirement. Movement can start right away after approval of round 2. County Administrator Anderson, offered additional topic discussion including a letter draft to the state on behalf of the AOC, to free up CARES Act dollars and reimburse Deschutes County for business assistance provided. Commissioner DeBone requested to bring letter for afternoon discussion. All agreed. County Administrator Anderson said the current State of Emergency Declaration from the Board will expire prior to the next Board Meeting and could be extended at the Board's request. Commissioner DeBone pointed out the order empowers the efforts of the Emergency Operations Center. Dave Doyle, Legal Counsel, said the declaration can support reimbursement efforts, and would be extended for another 30 days if so decided and could be terminated or increased at any time before then. Commissioner Henderson supported the order for no more than 30 days, as our measured COVID-19 levels are low in the County and State. HENDERSON: Move approval as drafted of Order No. 2020-033 BOCC MEETING JUNE 10, 2020 PAGE 6 OF 11 DEBONE Second VOTE: HENDERSON: DEBONE: ADAI R: Yes Yes Chair votes yes. RECESS: At the time of 11:59 a.m. the Board went into recess and reconvened the meeting at 1:01 p.m. Commissioner Adair recognized Senator Tim Scott's recent presentation and his efforts in bringing our Country together. 8. Consideration of a Resolution to Declare Drought Emergency in Deschutes County County Counsel Dave Doyle shared concern from the public that the resolution draft was not made available for review and said consideration of the resolution can be discussed or delayed to next week at the Board's discretion. Commissioner DeBone supported delaying discussion to Monday. Commissioner Adair expressed concern about consequences to wildlife if resources are made inaccessible, and requested it be added to the resolution language. Commissioner Henderson requested a period of time be added to the resolution language. Mr. Doyle said he would make the revisions to include irrigation seasons. 9. Consideration of an Order to Declare a Local Emergency in Northwest Deschutes County Due to Storm Damage on May 30, 2020 Commissioner Henderson shared that he visited several local farms with crops and fields destroyed by recent storm damage. Jefferson County also experienced significant damage from the storm. County Counsel Doyle said he reached out at Chair Adair's request to Jefferson County and was advised that Jefferson County has received notification from Oregon Emergency Management that the county did not qualify for disaster declaration and funding. Commissioner Henderson pointed out that crop insurance can come into play in such circumstances. Commissioner DeBone noted that an Emergency Declaration Order would show support to the community and assist with insurance claims. County Administrator Anderson BOCC MEETING JUNE 10, 2020 PAGE 7 OF 11 shared that he consulted with DCSO Sgt. Nathan Garibay who plays a key role in these situations. County Counsel Doyle will seek info about OEM thresholds of storm factors required for qualification. 10. PUBLIC HEARING: Text Amendments Related to Changes in the Oregon State Building Code, the Oregon Fire Code, and to Provide Technical Corrections to Local Development Code Language Kyle Collins, Assistant Planner gave an overview of the public hearing procedure. Regarding potential conflicts, Commissioner Henderson shared his general contractor history but is not currently licensed and does not believe his previous status will present a conflict. Chair Adair opened the Public Hearing at 1:32pm Mr. Collins reviewed the code adoption process. Proposed text amendments include the Oregon State Building Code, the Oregon Fire Code, and to provide technical corrections to local Development Code language. Many changes are in effort to bring local code parallel to regional and international codes. Text amendments related to changes to Chapter 1 of the Oregon Building Code will provide right of entry for building officials. Commissioner DeBone pointed out that courts could refer back to this language to prove County intent. A number of other amendments are available for adoption at the local level which will help improve the safety and effectiveness of Deschutes County's Building Safety and Code Enforcement programs. These include Right of Entry Provisions, Development Code Compliance for Certificates of Occupancy, Service Utility Provisions, Scrivener's Error Corrections Related to Residential Building Permit Requirements, and Certificates of Occupancy for Residential, Commercial, and Industrial Structure. Chair Adair called for public testimony. With none given, Chair Adair closed the oral and written record. Chair Adair closed the Public Hearing at 2:01 p.m. Commissioner Henderson offered support of all changes. Commissioner DeBone offered gratitude for the overview and the earlier work session. Mr. Collins shared that CDD Director Nick Lelack consulted with CORE and COBA and both groups were supported of the amendments. HENDERSON: DEBONE Move first reading, by title only of Ordinance 2020-012 Second BOCC MEETING JUNE 10, 2020 PAGE 8 OF 11 VOTE: HENDERSON: DEBONE: ADAI R: Yes Yes Chair votes yes. Chair Adair provided first reading in title only of Ordinance 2020-012. Mr. Collins said the second reading is scheduled tentatively for June 24. 11. Preparation for Public Hearing Regarding Thornburgh Golf Course Appeal William Groves, Senior Planner gave a review for the upcoming June 17 public hearing regarding the Thornburgh Golf Course appeal. Commissioner DeBone noted the entrance of citizen visitors. Mr. Groves stated that this public hearing will focus on the proposed golf course and lake. Other items including overnight lodging, meeting rooms and restaurants are to be proposed separately. Related appeals have been to LUBA, the Court of Appeals, and presently at the Oregon Supreme Court. Applicants have elected to proceed despite the matter still pending at the Supreme Court. Commissioner DeBone stated that he will have topics of discussion to offer at the public hearing. Commissioner Adair asked if a second 9-hole golf course was added. Mr. Groves confirmed there is only one golf course proposed, but another could be proposed at a later date. He said the public hearing will feature remarks from both sides; focused on history, water rights, and right of appeal. 12. Consideration for Approval: FY 2021 Video Lottery Allocations Laura Skundrick, Administrative Analyst provided an update of the changes made to the Video Lottery Allocations options, requested by the Board in the prior week's meeting. Past grant recipients were asked if they canceled fundraisers and/or saw increased service demand. Three lists were presented to the Commissioners, reflecting the recipients' answers. Ms. Skundrick shared that the Board could assign equal or specific amounts to each selected organization. All Commissioners agreed service partners should not be included as recipients because they are already given requested funding. Commissioner Adair supported the list of eleven organizations that saw both fundraisers cancelled and service demand increased. Commissioner Henderson noted some organizations on the other lists should be added. All Commissioners agreed to add to the recipient list: Boys & Girls Club and Sisters and La Pine Habitat for Humanity. Commissioner DeBone acknowledged that decreased TRT will have effect on future funds. Commissioner Adair recognized the importance of supporting community organizations and was BOCC MEETING JUNE 10, 2020 PAGE 9 OF 11 appreciative of the clarity of the presentation. DEBONE: Move approval of the FY 2021 Video Lottery Allocations as drafted HENDERSON: Second VOTE: DEBONE: HENDERSON: ADAI R: OTHER ITEMS: Yes Yes Chair votes yes. • Whitney Hale, Director of Communications shared the previously mentioned letter from AOC detailing how the CARES Act funding is distributed. The Board is requested to show support with the letter. All three Commissioners requested amendment of the first paragraph, and Commissioner Henderson of the fourth paragraph. HENDERSON: Move approval of the letter as amended DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. • County Administrator Anderson gave an update of the previous Small Business Grant discussion. A total of $375,000 will be used for grants. The review committee will evaluate the loan applications as a next step. • County Administrator Anderson reminded the Board about the joint meeting with La Pine Council scheduled fortune 24. The item to be presented is the South County community wildfire plan. Additional discussion could include the grant application for the master planning effort for the Newbury neighborhood. County Administrator Anderson will follow up on meeting location. COMMISSIONER UPDATES: Commissioner DeBone outlined the Board appointment for the Regional BOCC MEETING JUNE 10, 2020 PAGE 10 OF 11 Solutions Team Committee, which he has served on previously. Commissioner Adair confirmed that she would like to serve on it this term and expressed her appreciation for Annette Liebe's hard work. • Commissioner Henderson supported scheduling a week with no Board meetings. Commissioner DeBone supported more time to spend doing community work, and that optimizing meeting agendas in consideration of absences is possible. • Commissioner DeBone shared that the recent AOC District 2 meeting discussion featured a COVID-19 debrief and needs study, and also prepared for the legislation session of District 2. Notes will be released soon. EXECUTIVE SESSION: At the time of 3:00 p.m., the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 4:15 p.m. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 2:58 p.m. DATED this /6 Day o 2020 for the Deschutes County Board of Commissioners. ATTI ADAI R, CHAIR ANTHONY DEBONE, VICE CHAIR PHILIP G. HENDERSON,II BOCC MEETING JUNE 10, 2020 PAGE 11 OF 11 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, JUNE 10, 2020 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www. deschutes. orglmeetingss. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to Board of Commissioners BOCC Meeting Agenda Wednesday, June 10, 2020 Page 1 of 4 present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. PLEDGE OF ALLEGIANCE CITIZEN INPUT (for items not on this Agenda) [Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments may be emailed to citizen inputPdeschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 9:00am on the day of the meeting.] CONSENT AGENDA 1. Renewal of the Oregon Public Works Emergency Response Cooperative Assistance Agreement 2. Consideration of Board Order No. 2020-018 and Order No. 2020-019, Setting Public Hearing on Annexations into West La Pine Livestock District 3. Consideration of Board Signature of Order No. 2020-031, Declaring Certain Deschutes County Personal Property Surplus and Authorizing Sale through PublicSurplus.Com ACTION ITEMS 4. 10:05 AM Consideration of Request to Repurpose New CCBHC Expansion Position from BH Specialist II to BH Supervisor -Janice Garceau, BH Deputy Director 5. 10:15 AM Consideration of and First Reading of Ordinance 2020-008 to Amend the Deschutes County Transportation System Plan to 1) Add Roundabouts at US 20/Cook-O.B. Riley and US 20/01d Bend -Redmond Hwy to the TSP Map; 2) Amend TSP Tables 5.3.1 and 5.3.T2; and 3) Amend TSP Text on Pages 150 and 166 - Peter Russell, Senior Planner 6. 10:25 AM PUBLIC HEARING: Community Development Department Work Plan FY 2020-21 - Nick Lelack, Community Development Director Board of Commissioners BOCC Meeting Agenda Wednesday, June 10, 2020 Page 2 of 4 7. 11:00 AM COVI D 19 U pdate 7. a) General Update: Nahad Sadr-Azodi, Deputy Director Public Health Services 7. b) Long Term Facility Testing Plan: Nahad Sadr-Azodi, Deputy Director Public Health Services 7. c) Business Assistance Update: Scott Aycock, COIC & David Givans Internal Auditor LUNCH RECESS 8. 1:00 PM Consideration of an Order to Declare Drought Emergency in Deschutes County 9. 1:15 PM Consideration of an Order to Declare a Local Emergency in Northwest Deschutes County Due to Storm Damage on May 30, 2020 10. 1:30 PM PUBLIC HEARING: Text Amendments Related to Changes in the Oregon State Building Code, the Oregon Fire Code, and to Provide Technical Corrections to Local Development Code Language - Kyle Collins, Assistant Planner 11. 2:15 PM Preparation for Public Hearing Regarding Thornburg Golf Course Appeal - William Groves, Senior Planner 12. 3:00 PM Consideration for Approval: FY 2021 Video Lottery Allocations - Laura Skundrick, Administrative Analyst OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Board of Commissioners BOCC Meeting Agenda Wednesday, June 10, 2020 Page 3 of 4 Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. Executive Session under ORS 192.660 (2) (d) Labor Negotiations and ORS 192.660 (2) (i) Employee Evaluation ADJOURN To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. ®Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need ® accommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners BOCC Meeting Agenda Wednesday, June 10, 2020 Page 4 of 4 \X E S C0G2 o� Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 10, 2020 DATE: June 3, 2020 FROM: Janice Garceau, Health Services, TITLE OF AGENDA ITEM: Consideration of Request to Repurpose New CCBHC Expansion Position from BH Specialist II to BH Supervisor RECOMMENDATION & ACTION REQUESTED: Staff request approval to change a new CCBHC Expansion position from Behavioral Health Specialist II to Behavioral Health Supervisor. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Health Services (DCHS) is observing a significant increase in our forensic population. Aid and Assist referrals have increased 67% this year. Homelessness has also risen (12%), increasing the number of mentally ill individuals in our community who often encounter law enforcement. These conditions, combined with the current bottleneck at the Oregon State Hospital, have added workload to staff and teams working with justice -involved individuals. DCHS's Behavioral Health Service Area has determined that adding a Forensic ACT (Assertive Community Treatment) team will provide a more coordinated approach for seriously mentally ill clients who are involved in the justice system. Forensic ACT is an evidence -based and effective model for this population. DCHS's Forensic ACT team will combine the work of several staff who are currently working in several programs/projects (Mental Health Court, Psychiatric Security Review Board and Aid & Assist) with seriously mentally ill clients who are involved with the criminal justice system into one team, under one supervisor. This strategy will also better align supervisor -to -staff ratios in our Downtown Clinic and continue DCHS's commitment to employ working, case carrying supervisors on behavioral health teams. DCHS proposes changing an existing, vacant, limited -duration Behavioral Health Specialist II position to a Behavioral Health Supervisor position. The Behavioral Health Specialist position was intended for our Older Adult population, which is seeing less demand for services. As we are currently seeing a much higher need for services in the forensic population, repurposing this position to a Behavioral Health Supervisor to lead a team dedicated to this forensic population will allow us to align our service array to the current need and will improve coordination of care for this population. FISCAL IMPLICATIONS: The CCBHC budget has been revised to cover the additional cost, making this change cost neutral. The cost differential over the course of the two-year CCBHC Expansion grant is $45,765 and will be covered by reducing the grant expenditures as follows: Translation Services $ 5,560 Data Collection Incentives 5,000 Software Expenditures 6,500 Toxicology Testing 5,000 Indirect claimed on the grant 23,705 ATTENDANCE: Molly Wells Darling, Intensive Adult Services Program Manager; Cheryl Smallman, Business Officer; Janice Garceau, Director of Behavioral Health Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 10, 2020 DATE: June 4, 2020 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: Consideration of and First Reading of Ordinance 2020-008 to Amend the Deschutes County Transportation System Plan to 1) Add Roundabouts at US 20/Cook-O.B. Riley and US 20/Old Bend -Redmond Hwy to the TSP Map; 2) Amend TSP Tables 5.3.1 and 5.332; and 3) Amend TSP Text on Pages 150 and 166 RECOMMENDATION & ACTION REQUESTED: Hold first reading and set date for second reading k L MNALYNP, R Y U nittL I'hVItN'' � ► u • : lIIl1uJ DATE: June 4, 2020 TO: Board of County Commissioners FROM: Peter Russell, Senior Transportation Planner RE: June 10 consideration of signature and first reading of Ordinance 2020-008 to amend the Deschutes County Transportation System Plan (TSP) to add roundabouts at U.S. 20/Cook-O.B. Riley and U.S. 20/01d Bend -Redmond Highway intersections; amend associated Tables 5.3.T1 and 5.332; and amend text (File 247-19-000894-PA). The Board held a public hearing on May 13, 2020, on an application by the Oregon Department of Transportation (ODOT) to amend the Deschutes County TSP. The proposed plan amendment (File No. 247-19-000894-PA) would add roundabouts to the TSP map, revise the project list in the TSP, and update the TSP language regarding these two intersections. The Board hearing is footnoted below.' The Board closed the oral record at the end of the hearing, but left the written record open until 5 p.m. on May 20, and deliberated on June 3. The deliberations are footnoted below.2 The Board unanimously approved the amendment and set June 10 for consideration of signature and first reading of Board Ordinance 2020-008, which implements the Board's decision. Attachments: Board Ordinance 2020-008 Exhibit A, Deschutes County TSP Map Exhibit B, TSP Table 5.3.T1 and 5.3.T2 Exhibit C, New TSP text for pages 150 and 166 Exhibit D, Deschutes County Comprehensive Plan Chapter 5.12, Supplementary Section, Legislative History Exhibit E, Deschutes County Code Title 23.01 Exhibit F, Board findings 1 The Board hearing was conducted by Zoom and the TSP amendment is Item #9 https•//deschutescountvor igm2.com/Citizens/FileOpen.aspx?Tvpe=1&ID=2246&lnline=True Z https•//deschutescountvor igm2 com/Citizens/Sp]itView aspx?Mode=Video&MeetinglD=2520&Format=Agenda 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q1 (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd WED ..�REVIE viz LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON An Ordinance Amending Deschutes County Transportation System Plan to add roundabouts at * ORDINANCE NO.2020-008 U.S. 20/Cook-O.B. Riley and U.S. 20/Old Bend- Redmond Highway intersections and amend Tables 5.3.T1 and 5.3.T2. WHEREAS, applicant Oregon Department of Transportation (ODOT) has applied for a plan amendment via File 247-19-000894-PA; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on February 27 and March 12, 2020, and forwarded to the Deschutes County Board of County Commissioners ("Board"), a unanimous recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on May 13, 2020, and concluded that the public will benefit from the proposed changes to the Deschutes County Transportation System Plan; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. The Deschutes County Transportation System Plan map is amended to include the roundabouts U.S. 20/Cook-O.B. Riley and U.S. 20/Old Bend Redmond Highway intersections, attached here as Exhibit "A" and incorporated by reference herein. Section 2. AMENDMENT. The Deschutes County Transportation System Plan Table 5.3.T1 and Table 5.3.T2 are amended to includes the two U.S. 20 roundabouts, replacing the interchange at U.S. 20/Cook- O.B. Riley and the interchange/overpass at U.S. 20/Old Bend -Redmond Highway with new language shown as underlined and language to be deleted shown as stfilethretigh, attached here as Exhibit "B" and incorporated by reference herein. Section 3. AMENDMENT. The Deschutes County Transportation System Plan text is amended to include references to the ODOT planning process for the U.S. 20/Cook-O.B. Riley roundabout on page 150 and the U.S. 20/Old Bend -Redmond Highway roundabout on page 166 with new language shown in underline attached here as Exhibit "C" and incorporated by reference herein. PAGE 1 OF 2 - ORDINANCE NO.2020-008 Section 4. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5.12, Supplementary Section — Legislative History, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined. Section 5. AMENDMENT. Deschutes County Code, Title 23, Chapter 23.01, is amended to read as described in Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined. Section 6. FINDINGS. The Board adopts as its findings, Exhibit "F", attached hereto and incorporated by reference herein. Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR„ Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON Date of 11' Reading: �_ day of J ' ' , 2020. Date of 2" Reading: � day of 2020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Patti Adair w Anthony DeBone _ Philip G. Henderson Effective date: day of, 2020. PAGE 2 OF 2 - ORDINANCE NO.2020-008 N N w N 122 M o rc a � E � O c S a T21 T T.20 AS W 3S`�S�a oc�i •a �a P' '�s L 33m3 mdie�6a v3a'S� a: 3" O O S m 2 Wr^ q J.. VJ � w �p9 fi - J. 0 4 t K C O a x •O C 'O C S § 7>> ; a a a 2 O � 'onS°�9aa°aa h O ^ O O01;3a Oam o°cmaaa°4 rm4 AO� Au rc a T. 17 T. is T.14 T.15 T.15 / R rf rc E E _ 4`1 U...f ..� 1 f ao 17� ga 0 0 U F� K O y } r m m o 9l 1 Ll'1 bl '1 O Z .!11 NJ- i, yagy:� ys�ga- aU Y�g$ZE EXHIBIT B Table 5.3.T I County Road and Highway Projects Road Name Location Func.- Class. Project Estimated Cost Rank County Intersections Powell Butte Hwy Neff/Alfalfa Market Arterial Roundabout $900,000 High Powell Butte Hwy Butler Market Arterial Roundabout $900,000 High Burgess Road Day Road Art/Coll Turn lanes $281,250 Med. Old Bend -Redmond Hwy Tumalo Road Art/Coll Turn lanes $250,000 Med. Baker Road Cinder Butte Rd Art/Coll Roundabout $900,000 Med. Canal Blvd Helmholtz Art/Coll Roundabout $900,000 Med. Deschutes Mkt Rd Hamehook Art/Coll Roundabout $900,000 Med. South Century Spring River Art/Coll Roundabout $900,000 Med. Huntington Road South Century Collector Roundabout $900,000 Low Northwest Way Coyner Road Collector Turn lanes $250,000 Low Subtotal $7,081,250 County Road Segments, New Road Name From To Functional Class Project Est. Cost Rank Hunnell Road Cooley Rodgers Collector New Road $752,500 High Cooley Road 18` St Des Mkt Arterial New Road $653,413 Low Crooked River Dr Wilcox Smith Rock Way Collector New Road $198,000 Low Unnamed Masten 6 th St Collector New Road $1,485,000 Low Britta Extension Britta US 20 Collector New Road $375,000 Low Subtotal $3,463,913 County Road Segments, Existing Deer Run Lane Pinecrest Huntington Local Reconstruct/Pave $314,820 High Foster Road So. Cent. La Pine Rec Collector Reconstruct/Pave $3,125,000 High Hunnell Road Rogers Tumalo Collector Reconstruct/Pave $2,525,000 High Huntington Riverview Riverview Future Coll Reconstruct/Pave $1,448,575 High Rickard Road Groff US 20 Collector Reconstruct/Pave $772,000 High Canal Blvd 61 s`/Quarry Helmholtz Arterial Add center turn In $508,875 High Helmholtz Elkhorn Maple Collector Add travel lanes; center turn lane $6,132,500 High Burgess Day Huntington Arterial Add center lane; widen bridge $1,084,594 High 5` Street Amber State Rec Collector Widen/Overlay $256,250 Med. 17 th St NE Negus O'Neil Hwy Collector Widen/Overlay $312,500 Med. W. Antler Ave. NW 35` Helmholtz Collector Widen/Overlay $159,375 Med. N. Canal Blvd City Limits US 97 Collector Widen/Overlay $434,375 Med. Gosney Rd US 20 COID bridge Collector Widen/Overlay $321,875 Med. Lower Bridge 43 rd St Holmes Collector Widen/Overlay $2,653,125 Med. Negus Way City Limits NE 17 th St Collector Widen/Overlay $453,125 Med. Buckhorn Lower Br. OR 126 Collector Reconstruct/Pave $1,708,000 Med. NW Way Coyner Maple Collector Add travel lanes; center turn lane $2,923,875 Med. Ordinance 2020-008, Exhibit B 31" St Sedgewick Lower Br. Arterial Widen/Overlay $312,500 Low 35` St Hemlock Upas Collector Widen/Overlay $490,625 Low 615C St S. Canal US 97 Collector Widen/Overlay $665,625 Low Almeter NW Way Sedgewick Arterial Widen/Overlay $165,625 Low Bailey US 20 Tumalo Res. Collector Widen/Overlay $306,250 Low Bear Creek City Limits US 20 Collector Widen/Overlay $868,250 Low China Hat Knott End main. Collector Widen/Overlay $573,438 Low Cinder Butte Baker Minnetonka Collector Widen/Overlay $440,625 Low Cooley Road US 20 OB Riley Collector Widen/Overlay $98,438 Low Helmholtz Antler NW Walnut Collector Widen/Overlay $728,125 Low Helmholtz Antler OR 126 Collector Widen/Overlay $156,250 Low Huntington So Century Burgess Collector Widen/Overlay $2,782,500 Low Obsidian City Limits UGB Collector Widen/Overlay $315,625 Low Smith Rock Wy US 97 BNSF Xing Arterial Widen/Overlay $96,875 Low Stevens Road City Limits Ward Collector Widen/Overlay $325,000 Low Tumalo Res. OB Riley Collins Collector Widen/Overlay $1,440,625 Low Wickiup Helmholtz SW 58` Collector Widen/Overlay $159,375 Low Bozeman Trail Chisolm Tr Rickard Local Reconstruct/Pave $297,000 Low Cline Falls Nutcracker Nutcracker Arterial Disconnect Nutcracker $75,000 Low Subtotal $35,432,1 14 Federal Forest Highways Road Name From To Func. Class Project Est. Cost Rank Skyliners Bend UGB End Co. Maint. Collector Reconstruct/Pave $11,250,000 High Burgess Pringle Falls So. Century Collector Reconstruct/Pave $4,125,000 Low Subtotal $15,375,000 County Intersections $7,081,250 County Road Segments, New $3,463,913 County Road Segments, Existing $35,432,1 14 Federal Forest Highways $15,37S,000 Total of County Road Projects $61,3S2,2770 Highway Intersections Highway Location Func. Class. Project Est. Cost Rank US 97 Lower Bridge Principal Arterial — Arterial Grade separation $21,000,000 High US 20 Cook-OB Riley Principal Arterial — Art — Collector Gyerpass with ft handles Roundabout $15,450,000 High US 97* Wickiup Jct Principal Arterial — Arterial Grade separation, phase 1 $24,000,000 Med. US 97 O'Neill Hwy-Pershall Principal Arterial — Principal Arterial - Collector Overpass $9,600,000 Med. US 20 Old Bend -Redmond Principal Arterial — Arterial 'nteFc-h nge Roundabout $26,500,000 Med. OR 126 Helmholtz Principal Arterial — Collector Traffic Signal $1,250,000 Med. US 97 Quarry Road Principal Arterial — Local Grade separation $15,000,000 Low Ordinance 2020-008, Exhibit B US 97* US 97 US 20 US 20 OR 31 Vandevert Hamby -Ward Powell Butte HN US 97 Principal Arterial — Arterial Principal Arterial — Collector Principal Arterial — Collector Principal Arterial — Arterial Principal Arterial — Principal Arterial Grade separation, realignment, ph 11 Disconnect Vandevert from 97 Roundabout Roundabout Turn lanes, then Highway From To Func Class Project US 97 1 It'Ave, S O'Neil Hwy Princp. Art. Add travel lanes U 20 Hawk's Beard Rail Way Princp. Art. Add travel lanes US 97 Cottonwood Drafter Princp. Art. Add travel lanes US 20 Couch Market Gerking Mkt Princp. Art. Add travel lanes US 20 Providence Hamby Princp. Art Add travel lanes OR 126 Quail Tree 2 mi to E Princp. Art. Add travel lanes OR 126 Cline Falls Helmholtz Princp. Art. Add travel lanes OR 126 Sherman Crook Co Princp. Art. Add travel lanes OR 370 US 97 0.5 mi to W Princp. Art. Overpass of RR Subtot Road Tumalo State ---------- Park 7 1h St, Tumalo US 20 4` St, Tumalo Wood Ave 5` St, Tumalo Wood Ave 5` St, Terrebonne B Ave C Ave, Terrebonne 6`h St B Ave, Terrebonne 5`h St A Ave, Terrebonne I It, St Smith Rock Way, Terrebonne I I`h St C Ave, Terrebonne US 97 11 th St S„ Terrebonne Central Ave $80,000,000 Low $2,300,000 Low $1,000,000 Low $1,000,000 Low $19,000,000 Low 16,100,000 Cost Est. Rank $9,00,000 High $20,000,000 High $43,800,000 Med. $9,900,000 Med. $2,00,000 Med. $7,900,000 Med. Highway Intersections $216,100,000 Highway Segments $134,500,000 Total for Highway Projects $350,600,000 Bike and Pedestri2 To Func Clas Riverview ---------- Cook Ave Collector Bruce Ave Local Cook Ave Local C Ave Local US 97 Local 6`h St Local 15`h St Local Ordinance 2020-008, Exhibit B 15`h St Arterial 16`h St Collector US 97 Collector Project 10' multi -use trail, aka Tumalo Trail 5' sidewalks on both sides 5' sidewalks on both sides 5' sidewalks on both sides 5' sidewalk on east side only 5' sidewalks on both sides 5' sidewalk on north side only 5' sidewalks on both sides 5' sidewalks on both sides 5' sidewalk on south side only 5' sidewalks on both side Cost Est. Rank $160,000 High $10,625 Med. $13,125 Med. $26,250 Med. $11,250 Med. $45,000 Med. $5,875 Med. $50,000 Low $50,000 Low $38,750 Low $81,250 Low 8` St, Tumalo Cook Ave Riverview Local 5' sidewalk on both sides $17,500 Low Canal "H," Terrebonne 13`h St 12`h St ------- 10' soft trail $1,875 Low Canal "H," Terrebonne 121h St 400' south of A Ave ------- 10' soft trail $6,875 Low B Ave, Terrebonne East end of B at base of plateau West end of B I atop plateau ------ 1 300' stairway $26,250 1 Low 4` St, Terrebonne North end of 4`h on ridge Forster Drive ------ 300" stairway $26,250 Low Subtotal $570,875 County Bridge Projects Location Sufficiency Rating Posting Required Project Cost Estimate Rank Tetherow Road @ Deschutes River 32.4 Yes New Bridge $1,582,500 High Cascade Lakes Hwy @ Fall River 46.6 Yes New Bridge $796,250 High Gribbling Road @ Canal 24 Yes New Bridge $225,000 Low Wilcox Ave @ Canal 47.2 Yes New Bridge $150,000 Low Sisemore Road @ Upper Tumalo Rsrvr 49.1 No New Bridge $687,500 1 Low Subtotal $3,441,250 Transportation System Management (TSM) and Transportation Demand Management (TDM) Regional TDM program Countywide County share of funding Commute Options @ 8K per year $160,000 High Regional TDM program Countywide Install ride share lots at future locations base on 201 1-12 study $45,000 Medium Subtotal $215,000 Total for County Road projects $61,352,000 Total for Highway projects $350,600,000 Total for Bike/Ped projects $570,875 Total for County Bridge projects $3,441,250 Total for TDM and TSM projects $215,000 GRAND TOTAL FOR ALL PROJECTS $416,179,125 Ordinance 2020-008, Exhibit B Table 5.3.T2 Illustrative List of Unfunded Highway Projects Highway Location Func. Class Project Estimated Cost Rank US 97 1.3 mi south of Vandevert Princ. Art. Grade separation $27,000,000 Low US 97 OR 31 Princ. Art. Grade separation $19,000,000 Low US 20 Old Bend -Redmond Princ. Art. r'�ar-atieif Roundabout $23,000,000 Low Subtotal $69,000,000 Ordinance 2020-008, Exhibit B Exhibit C New language on Page 150 shown as underlined. "Once a long-term preferred alternative is reached, ODOT and the County will pursue funding to construct the improvement. Of the two ODOT final long-term concepts, C-4 takes the County road over US 20 while 1-3 takes the County road under US 20. The County through the TSP public hearing process expressed a preference for 1-3. Additionally, the County recognizes the concerns of Tumalo residents regarding the way the long-term project could affect their community and requires that ODOT have an active dialogue in Tumalo after funding is programmed for this long-term project but well before they are designed or constructed: • Prior to design, ODOT will hold a public meeting in Tumalo to explain the purpose, need, and timing of the project and to receive and consider the viewpoints of Tumalo area residents and how they might be best addressed in terms of project design and construction. After several public open houses stakeholder committee meetings, and technical research. ODOT and the County now agree a roundabout is the preferred alternative in Tumalo. replacing I-3.' New language on Page 166 shown as underlined. "In the Bend area, the planned improvements are additional lanes from Providence Drive to Hamby Road and the intersection improvements at Old Bend -Redmond Highway, Hamby - Ward, and Powell Butte Highway. These are related to traffic increases on both US 20 and the connecting arterial or collector. For Old Bend Redmond, ODOT and the County will need to conduct a refinement plan to determine if the solution is a simple overpass or a grade - separated interchange. The crash history at this location is what is driving the improvement as drivers unsuccessfully attempt to cross the highway or turn onto the highway. The County is proposing roundabouts on US 20 at Hamby -Ward and the Powell Butte Highway (see Chapter Four for discussion of the issue). However, instead of a grade -separation at Old Bend -Redmond. ODOT and the County have agreed to a design concept of roundabouts on US 20 in Central Oregon based upon safety, cost operational benefits and treating rural highway intersections consistently. ODOT will hold public outreach meetings later in the project development process similar to what was done for the Tumalo roundabout." Ordinance 2020-008, Exhibit C sectww 5.12 LegUsLatWe +-t%storu Background This section contains the legislative history of this Comprehensive Plan. Table S.12.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Chapter/Section Amendment Effective All, except Transportation, Tumalo and Terrebonne 201 1-003 8-10-1 1/ 1 1-9-1 1 Community Plans, Comprehensive Plan update Deschutes Junction, Destination Resorts and ordinances adopted in 2011 2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to 201 1-027 10-31-1 1 / 1 1-9-1 1 4.6, 5.3, 5.8, 5.1 1, 23.40A, 23.40B, ensure a smooth transition to 23.40.065, 23.01.010 the updated Plan 23.60, 23.64 (repealed), Updated Transportation 2012-005 8-20-12/ 1 1-19-12 3.7 (revised), Appendix C System Plan (added) 2012-012 8-20-12/8-20-12 4.1, 4.2 La Pine Urban Growth Boundary 2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to Destination Resort Chapter Central Oregon Regional 2013-002 1-7-13/ 1-7-13 4.2 Large -lot Employment Land Need Analysis Comprehensive Plan Map Amendment, changing 2013-009 2-6-13/5-8-13 1.3 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map 2013-012 5-8-13/8-6-13 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary Newberry Country: A Plan 2013-007 5-29-13/8-27-13 3.10, 3.1 1 for Southern Deschutes County DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Map 2013-016 10-21-13/10-21-13 23.01.010 Amendment, including certain property within City of Sisters Urban Growth Boundary Comprehensive Plan Map 2014-005 2-26-14/2-26-14 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary 2014-012 4-2-14/7-1-14 3.10, 3.1 1 Housekeeping amendments to Title 23. Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/ 1 1-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/ 1 1-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing 2014-027 12-15-14/3-31-15 23.01.010, 5.10 designation of certain property from Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2015-021 1 1-9-15/2-22-16 23.01.010 designation of certain property from Agriculture to Surface Mining. Comprehensive Plan Map Amendment, changing 2015-029 1 1-23-15/ 1 1-30-15 23.01.010 designation of certain property from Tumalo Residential 5-Acre Minimum to Tumalo Industrial 2015-018 12-9-15/3-27-16 23.01.010, 2.2, 4.3 Housekeeping Amendments to Title 23. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Text and 2015-010 12-2-15/12-2-15 2.6 Map Amendment recognizing Greater Sage -Grouse Habitat Inventories Comprehensive Plan Map Amendment, changing 2016-001 12-21-15/04-5-16 23.01.010; 5.10 designation of certain property from, Agriculture to Rural Industrial (exception area) Comprehensive Plan Amendment to add an exception to Statewide 2016-007 2-10-16/5-10-16 23.01.010; 5.10 Planning Goal I I to allow sewers in unincorporated lands in Southern Deschutes County Comprehensive Plan Amendment recognizing non- 2016-005 1 1-28-16/2-16- 17 23.01.010, 2.2, 3.3 resource lands process allowed under State law to change EFU zoning Comprehensive plan 2016-022 9-28-16/1 1-14-16 23.01.010, 1.3, 4.2 Amendment, including certain property within City of Bend Urban Growth Boundary Comprehensive Plan Map Amendment, changing 2016-029 12-14-16/ 12/28/ 16 23.01.010 designation of certain property from, Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2017-007 10-30-17/ 10-30-17 23.01.010 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan 2018-002 1-3-18/ I -25-18 23.01, 2.6 Amendment permitting churches in the Wildlife Area Combining Zone DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Housekeeping Amendments correcting tax lot numbers in Non -Significant Mining Mineral 2018-006 8-22-18/ 1 1-20-18 23.01.010, 5.8, 5.9 and Aggregate Inventory; modifying Goal 5 Inventory of Cultural and Historic Resources Comprehensive Plan Map Amendment, changing 2018-01 1 9-12-18/ 12-1 1-18 23.01.010 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map Amendment, removing Flood 23.01.010, 2.5, Tumalo Plain Comprehensive Plan 2018-005 9-19-18/ 10-10-18 Community Plan, Designation; Comprehensive Newberry Country Plan Plan Amendment adding Flood Plain Combining Zone purpose statement. Comprehensive Plan Amendment allowing for the 2018-008 9-26-18/ 10-26-18 23.01.010, 3.4 potential of new properties to be designated as Rural Commercial or Rural Industrial Comprehensive Plan Map Amendment changing designation of certain property from Surface Mining 2019-002 1-2-19/4-2-19 23.01.010, 5.8 to Rural Residential Exception Area; Modifying Goal 5 Mineral and Aggregate Inventory; Modifying Non - Significant Mining Mineral and Aggregate Inventory Comprehensive Plan and Text 2019-001 1-16-19/4-16-19 1.3, 3.3, 4.2, 5.10, 23.01 Amendment to add a new zone to Title 19: Westside Transect Zone. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Map Amendment changing designation of certain 2019-003 02-12-19/03-12-19 23.01.010, 4.2 property from Agriculture to Redmond Urban Growth Area for the Large Lot Industrial Program Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to 2019-004 02-12-19/03-12-19 23.01.010, 4.2 Redmond Urban Growth Area for the expansion of the Deschutes County Fairgrounds and relocation of Oregon Military Department National Guard Armory. Comprehensive Plan Map Amendment to adjust the Bend Urban Growth Boundary to accommodate the refinement of the Skyline Ranch Road alignment and the 2019-01 1 05-01-19/05-16/ 19 23.01.010, 4.2 refinement of the West Area Master Plan Area I boundary. The ordinance also amends the Comprehensive Plan designation of Urban Area Reserve for those lands leaving the UGB. Comprehensive Plan Map Amendment, changing 2019-006 03-13-19/06-1 1-19 23.01.010, designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan and Text amendments to provide procedures related to the 2020-001 12-1 1-19/ 12-1 1-19 23.01.01, 2.5 division of certain split zoned properties containing Flood Plain zoning and involving a former or piped irrigation canal. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY 2020-008 1 06-10-20/09-08-20 1 23.01.010. Appendix C DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Transportation System Plan Amendment to add roundabouts at US 20/Cook- O.B. Riley and US 20/01d Bend -Redmond HM intersections: amend Tables 5.33 1 and 5.332 and amend TSP text EXHIBIT E Chapter 23.01 COMPREHENSIVE PLAN Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2011-027, are incorporated by reference herein. C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-005, are incorporated by reference herein. D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012, are incorporated by reference herein. I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-005, are incorporated by reference herein. K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-006, are incorporated by reference herein. L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-012, are incorporated by reference herein. M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-021, are incorporated by reference herein. N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-027, are incorporated by reference herein. O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-021, are incorporated by reference herein. P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-029, are incorporated by reference herein. Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-018, are incorporated by reference herein. R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-010, are incorporated by reference herein. S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-001, are incorporated by reference herein. T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-022, are incorporated by reference herein. U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-005, are incorporated by reference herein. Chapter 23.01 5� 2020) EXHIBIT E TO ORDINANCE 2020-008 EXHIBIT E V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-027, are incorporated by reference herein. W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-029, are incorporated by reference herein. X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2017-007, are incorporated by reference herein. Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-002, are incorporated by reference herein. Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-006, are incorporated by reference herein. AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-011, are incorporated by reference herein. BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-005, are incorporated by reference herein. CC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-008, are incorporated by reference herein. DD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-002, are incorporated by reference herein. EE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-001, are incorporated by reference herein. FF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-003, are incorporated by reference herein. GG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-004, are incorporated by reference herein. HH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-011, are incorporated by reference herein. II. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-006, are incorporated by reference herein. JJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-016, are incorporated by reference herein. KK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-019, are incorporated by reference herein. LL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-001, are incorporated by reference herein. MM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-002, are incorporated by reference herein. NN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-003, are incorporated by reference herein. 00 The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-008 are incorporated by reference herein. (Ord. 2020-008 §1, 2020; Ord. 2020-003 §1, 2020; Ord. 2020-002 §1, 2020; Ord. 2020-001 §26, 2020; Ord. 2019-019 §2, 2019; Ord. 2019-016 §3, 2019; Ord. 2019-006 § 1, 2019; Ord. 2019-011 § 1, 2019; Ord. 2019-004 §1, 2019; Ord. 2019-003 §1, 2019; Ord. 2019-001 §1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1, 2018; Ord. 2018-005 §2, 2018; Ord. 2018-011 §1, 2018; Ord. 2018-006 §1, 2018; Ord. 2018-002 §1, 2018; Ord. 2017-007 §1, 2017; Ord. 2016-029 §1, 2016; Ord. 2016-027 §1, 2016; Ord. 2016-005 §1, 2016; Ord. 2016-022 §1, 2016; Ord. 2016-001 §1, 2016; Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1, 2015; Ord. 2014- Chapter 23.01 5I 2020) EXHIBIT E TO ORDINANCE 2020-008 EXHIBIT E 027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014- 005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013- 002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1, 2012; Ord. 2012- 005 § 1, 2012; Ord. 2011-027 § 1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 §3, 2011) Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan) Chapter 23.01 5� 2020) EXHIBIT E TO ORDINANCE 2020-008 FINDINGS TO AMEND DESCHUTES COUNTY TRANSPORTATION SYSTEM PLAN TO ADD ROUNDABOUTS AT U.S. 20/COOK-O.B. RILEY IN TUMALO AND U.S. 20/OLD BEND-REDMOND HIGHWAY 1. Background The Oregon Department of Transportation (ODOT) coordinated with Deschutes County for the several years on potential roundabouts on the U.S. corridor between Bend and Sisters. In particular those efforts have focused on the intersection of U.S. 20/Cook-O.B. Riley in Tumalo and to a lesser extent on U.S. 20/01d Bend -Redmond Highway. ODOT formed a stakeholder committee comprised of representatives from the Deschutes County Board of County Commissioners (Board), Deschutes County Planning Commission (PC), and staff from Planning and the Road Department as well as Tumalo business owners, Tumalo residents, and the Tumalo School. ODOT also held open house meetings at various stages of the process which resulted in the proposed U.S. 20/Cook-O.B. Riley roundabout. The agency intends to follow a similar approach to further refine the U.S. 20/01d Bend -Redmond Highway roundabout. The adopted 2010-2030 Deschutes County Transportation System Plan (TSP) lists a grade - separation at U.S. 20/Cook-O.B. Riley intersection as the long-term solution. This design is referred to as 1-3 in the TSP and has the County roads passing underneath the highway. The project is described as an overpass with jug handles (a type of connection between the two roadways) and is listed as a high priority in Table 5.3.T1 (County Road and Highway Projects) in the TSP. The TSP listed two long-term concepts for U.S. 20/Old Bend -Redmond Highway. One was a simple overpass with the Old Bend Redmond going over the highway with no connections between the two roadways. The second was a grade -separated interchange. Both appear in Table 5.3.T2 (Illustrative List of Unfunded Highway Projects).' The applicant, ODOT, initiated the proposed plan amendment (File 247-19-000894-PA) to amend the Deschutes County TSP. The TSP is the transportation component of the 1 Concept 1-3 and the two proposed roundabouts are part of the materials, along with ODOT's full application, entered into the record at the Planning Commission's January 23, 2020, work session on this application. Deschutes County Comprehensive Plan. The subject plan amendment proposes the following: • Delete Concept 1-3 from the TSP • Add a roundabout at U.S. 20/Cook-O.B. Riley to the TSP • Amend the description and cost estimate in Table 5.331 to reflect the roundabout • Amend the text on page 150 of the TSP to add the roundabout public process • Delete the U.S. 20/Old Bend -Redmond Hwy grade separation from Table 5.332 • Add the U.S. 20/Old Bend -Redmond Hwy roundabout to Table 5.3.T1 • Amend the text on page 166 relating to future improvements for U.S. 20/Old Bend Redmond Hwy to reflect the change to a roundabout and upcoming public outreach II. Review Criteria Board Ordinance 2020-008 amends the TSP. Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative amendment. Nonetheless, ODOT is initiating this text amendment and bears the responsibility for demonstrating the amendment complies with Deschutes County Title 22, Development Procedures Ordinance; Statewide Planning Goals; Oregon Revised Statutes (ORS); Oregon Administrative Rules (OAR); the Deschutes County Comprehensive Plan; and Deschutes County TSP. The findings are organized as follows: Section 1 - DCC Title 22, Chapter 22.12, Legislative Procedures Section 2 - Statewide Planning Goals Section 3 - Oregon Revised Statutes Section 4 - Oregon Administrative Rules Section 5 - Deschutes County Comprehensive Plan Section 6 - Deschutes County Transportation System Plan Section 1, DCC Title 22, Chapter 22.12, Legislative Procedures 22.12.010. Hearing Required No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the Discretion of the Planning Director, unless otherwise required by state law. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 2 of 24 FINDING: Staff held a work session with the PC on January 23 prior to the February 27 public hearing, which was the first evidentiary hearing. The PC unanimously recommended on March 12 that the Board approve the amendment. The Board held a work session on March 30 followed by a public hearing on May 20. The Board deliberated on June 3 and unanimously approved the amendment, adopting Ord. 2020-008 on June 10, 2020. The Board finds this criterion has been met. 22.12.020. Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. B. Post Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. C. Individual Notice. Individual notice to property owners, as defined in DCC 22.0&010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Staff published notice with the required information in the Bend Bulletin on Sunday, January 26, 2020, which is more than 10 days prior to the February 27, 2020, PC public hearing. Staff also sent notice to all property owners within 250 feet of the right of way of either intersection. The mailed notices included first a notice of application (NOA) and then notice of public hearing (NOPH). Mailed individual notices and posted notices are not required for a legislative amendment under County code, but staff exercised the discretion allowed under DCC 22.12.020(B) and (C) to mail individual notices and to require the applicant to post signs. Staff also sent public notice on April 29 to the same geographic area and to those who testified orally or in writing to the PC regarding the Board's May 20 hearing. Staff also sent notice to the Department of Land Conservation and Development (DLCD) on January 7, 2020, which is more than 35 days prior to the first evidentiary hearing. This notice is consistent with DCC 22.12.020(C). Staff coordinated with the County public information officer for distribution of a press release to the media. The Board finds this criterion has been met. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 3 of 24 22.12.030. Initiation of Legislative Changes A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of Commissioners or the Planning Commission. FINDING: The text amendment was initiated by ODOT on December 19, 2019, after paying the required fees. The Board finds this criterion has been met. 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: The PC Feb. 27 public hearing preceded the Board's May 20 public hearing. The Board finds this criterion has been met. 22.12.050. Final Decision All legislative changes shall be adopted by ordinance. FINDING: These findings will become an exhibit to the implementing ordinance, which is 2020-008. The Board finds this criterion has been met. 22.12.060. Corrections The County's comprehensive plan and zoning ordinances, subdivision ordinance, and development procedures maybe corrected by order of the Board of County Commissioners to cure editorial and clerical errors. FINDING: The amendment to add two roundabouts to TSP, an element of the County's Comprehensive Plan, does not pertain to an editorial or clerical error, therefore this section is not applicable. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 4 of 24 Section 2, Statewide Planning Goals Goal 1, Citizen Involvement FINDING: The text amendment included a work session before the PC on January 23, 2020, which the public could attend. The entire ODOT application was entered into the record at that time and was part of the PC's agenda packet. (The packet materials can be found at the link below.)2 The ODOT Project Management Team (PMT) reached out to the public throughout the planning process to help identify problems along the corridor and their root causes, evaluate project alternatives, and identify preferred solutions. Public open house meetings took place in January and May 2019 at the Tumalo School while stakeholder meetings took place in March, April, June and September. The proposed comprehensive plan amendment under Deschutes County Code (DCC) 22.12 (Legislative Procedures) went through noticed public hearings before both the Planning Commission and the Board. The Board finds Goal 1 is met. Goal Land Use Planning FINDING: The project development process for the two intersection upgrades did not propose a zone change. This Comprehensive Plan Text Amendment will be processed under DCC 22.12 (Legislative Procedures). The comprehensive plan amendment process ensures consistency with the County's adopted Comprehensive plan. The Board finds Goal 2ismet. Goal 3, Agricultural Lands FINDING: The text amendment is not proposing any changes to land use designations. The locations of the two roundabouts are not within nor adjacent to agriculturally zoned lands. Instead, the lands are either with the Tumalo Rural Unincorporated Community (Tu) zone and its subdistricts for the U.S. 20/Cook-O.B. Riley intersection or Multiple Use Agriculture (MUA-10) exception lands for the U.S. 20/01d Bend -Redmond Highway intersection. The Board finds Goal 3 does not apply. Goal 4, Forest Lands FINDING: The text amendment is not proposing any changes to land use designations. The locations of the two roundabouts are not adjacent to or within forest lands. Instead, the lands are either with the Tumalo Rural Unincorporated Community (Tu) zone and its subdistricts for the U.S. 20/Cook-O.B. Riley intersection or Multiple Use Agriculture (MUA- z https:Hdeschutescountyor.igm2.com/Citizens/FileOpen.aspx?Type=1&ID=2201&lnline=True Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 5 of 24 10) exception lands for the U.S. 20/Old Bend -Redmond Highway intersection. The Board finds Goal 4 is met. Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces FINDING: The text amendment is neither proposing any changes to land use designations nor proposing any changes to previously designated Goal 5 resources. The two proposed roundabouts will not encroach on open spaces, scenic and historic areas and natural resources. The Board finds Goal 5 is met. Goal 6, Air, Water and Land Resource Quality FINDING: The purpose of the two roundabouts is to meet the performance targets for ODOT. By reducing congestion and lowering delays on the side streets, the roundabouts will reduce time vehicle engines would otherwise spend idling, which is when tailpipe emissions are highest. The locations of the two proposed roundabouts do not occur in any designated floodplain or floodway. The actual construction will deal with any drainage. No development or land use changes are being proposed that impact air, water, or land resource qualities. Other areas of the County's code that deal with protecting air, water, and land remain in full force and effect. The Board finds Goal 6 is met. Goal 7, Natural Hazards FINDING: The County's Comprehensive Plan identifies the dominant natural hazards as wildfire, winter storms, and flooding. The two intersection upgrades to roundabouts are road improvement projects along an existing highway corridor. The road will be maintained appropriately throughout the year. While Tumalo has a mapped floodplain and a floodway, the U.S. 20/Cook-O.B. Riley roundabout lies outside those areas. ODOT and the County have existing drainage swales for US 20. Any reconstruction of the affected roadways or construction of the intersection upgrades would incorporate drainage in the project plans. Finally, both ODOT and Deschutes County routinely perform snowplowing, sanding, and other winter maintenance activities to keep roadways functional. The Board finds Goal 7 is met. Goal 8, Recreational Needs FINDING: The text amendment does not change the uses allowed in the Tumalo Rural Community Zone (DCC 18.67) or the MUA-10 (DCC 18.32) zones, some of which are recreational. The intersection upgrades will potentially ease traffic congestion through Tumalo and make it much easier for those headed to nearby recreation areas such as Tumalo State Park and/or the Deschutes River. The Board finds Goal 8 is met. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 6 of 24 Goal 9, Economic Development FINDING: The text amendment still allows properties to develop as allowed under their zoning. The text amendment to add the roundabouts will help to ensure U.S. 20 remains a key statewide and West Coast freight corridor. This will ensure that the movement of goods along U.S. 20 will continue unimpeded. The Board finds Goal 9 is met. Goal 10, Housing FINDING: This goal pertains to urban or urbanizable lands within an Urban Growth Boundary (UGB). The proposed text amendment will not result in any changes or elimination of residentially zoned lands in the County. By contrast the affected area is a Rural Unincorporated Community and recognized as such under OAR 660-022-010(7). Finally, unincorporated areas, unlike municipalities, are not obligated to fulfill Goal 10 housing requirements. The Board finds Goal 10 is met. Goal 11, Public Facilities and Services FINDING: This goal pertains more to water and sewer services. Nevertheless, the proposed two roundabouts are favorable to emergency service providers since they will reduce the risk of crashes and their severity, decrease congestion, and speed up response times. The Tumalo roundabout will likely be used by the Bend Fire Department station in the northwest quadrant of the Cook/Fourth Avenue intersection. The Board finds Goal 11 is met. Goal 12, Transportation FINDING: ODOT has provided extensive documentation in its application, including detailed traffic analysis. A summary of the applicant's transportation assessment, separated by each roundabout location, is as follows: U.S. 20/Cook-O.B. Riley As detailed in Tech Memo #1-US 20 @ Tumalo-Traffic Alternatives Analysis: Existing Conditions Review and Future Intersection Needs, pages 8 and 9, (and summarized in Tech Memo #4-US 20 @ Tumalo-Traffic Alternatives Analysis: Summary Memorandum, pages 12 and 13) per the ODOT Highway Design Manual (HDM), the volume -to -capacity (v/c) performance threshold for the intersection is 0.60 along the highway and 0.75 along the side street approaches. A modified v/c performance threshold of 0.90 was selected by ODOT and Deschutes County and used to evaluate the roundabout. This modified threshold has been used on other roundabout projects within the region (Le, US 20 & Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 7 of 24 Barclay) to determine the number of lanes required for the roundabout. This threshold is based on guidance in NCHRP Report 672, Roundabouts: An Information Guide, Second Edition, which identifies a v/c ratio of 0.90 as the approximate upper threshold for satisfactory operation. A design exception will be prepared to use the modified v/c threshold. As detailed in Tech Memo #1-US 20 @ Tumalo-Traffic Alternatives Analysis: Existing Conditions Review and Future Intersection Needs, page 18 (and summarized in Tech Memo #4-US 20 @ Tumalo-Traffic Alternatives Analysis: Summary Memorandum, pages 24 and 25), to accommodate 2040 weekday PM peak hour volumes, two through lanes are needed along the highway approaches and one through lane is needed along the side street approaches. In addition, the Cook Avenue approach needs a dedicated left -turn lane, the O.B. Riley Road approach needs a dedicated right turn lane, and the northbound approach along the highway needs a right -turn bypass lane. This multilane roundabout configuration results in an overall intersection v/c ratio of 0.81 during the 2040 PM peak hour study period. As documented in Tech Memo #4-US 20 @ Tumalo-Traffic Alternatives Analysis: Summary Memorandum, page 35, during discussions with ODOT on March 21 st, 2019, the project team elected to eliminate the northbound right -turn slip lane for opening year to reduce the number of vehicle lanes at the pedestrian crossing in that quadrant of the intersection, and to reduce the overall footprint of the project. Right-of-way will be acquired and reserved in that quadrant to allow for the northbound right -turn slip lane to be potentially added in the future. As detailed in Tech Memo #4-US 20 @ Tumalo-Traffic Alternatives Analysis: Summary Memorandum, pages 35-41, this opening year roundabout configuration, without the northbound right -turn slip lane, is expected to operate over capacity during the 2040 weekday PM peak hour period with a v/c ratio of 1.08 on the northbound approach. During the 2040 weekday AM peak hour and 2040 Sunday midday peak hour, the opening year roundabout configuration is expected to operate below capacity and below the 0.90 v/c performance threshold, with a v/c ratio of 0.64 on the eastbound approach on O.B. Riley Road, and 0.80 on the northbound approach on the highway, respectively. A supplemental operations analysis has been prepared for the opening year (anticipated in year 2022) roundabout configuration with expected opening year traffic volumes. The opening year 2022 volumes were developed based on growing the 2018 count year volumes at linear rate between the 2018 and 2040 traffic volumes. As shown in Table 1, the analysis shows the opening year roundabout configuration operates below the 0.90 v/c performance threshold in 2022 during all study time periods. Opening year 2022 analysis files are provided in Appendix A. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 8 of 24 Funding is reasonably likely in order to satisfy 660-012-0060(3)(d) given the plan amendment is for roundabouts on U.S. 20. ODOT is the road authority for this intersection. Additionally, Deschutes County has contributed substantial dollars to fund the U.S. 20/Cook-O.B. Riley roundabout. U.S. 20/01d Bend -Redmond Highway ODOT did not provide the same level of summary in its burden of proof. The agency refers to this roundabout as part of the U.S. 20: Deschutes River Bridge - Robal Road project. The discrepancy is mainly due to the differences in the stage of the design process for each roundabout. The Tumalo roundabout is at the 30 percent phase, meaning there is general certainty toward the basic location, the physical footprint, the number of lanes and their dimensions, etc. The U.S. 20/Old Bend -Redmond roundabout is more conceptual, but has had traffic analysis done. The agency reports the U.S. 20/Old Bend -Redmond intersection will meet 2040 mobility targets. Please see page 28 of the US 20 @ Old Bend -Redmond Highway and Robal Road Tech Memo #4-Traffic Alternatives Analysis Project Summary for further reference. Between the material provided above and the discussion in the section on OAR 660-012, aka the Transportation Planning Rule (TPR) below, the Board finds Goal 12 is met. Goal 13, Energy Conservation FINDING: This text amendment does not affect the County's regulation of solar setbacks, siting of small-scale windmills, land use or density, etc. The purpose of the two roundabouts is meet the performance targets for ODOT. By reducing congestion and lowering delays on the side streets, the roundabouts will reduce time vehicle engines would otherwise spend idling, which is when tailpipe emissions are highest. The Board finds Goal 13 is met. Goal 14, Urbanization FINDING: No land use plan designations, zoning designations, or map changes will result from this text amendment. Additionally, none of the proposed roundabouts is within an Urban Growth Boundary (UGB). The Board finds Goal 14 is met. Goals 15-19 FINDING: These criteria do not apply as the County lacks these lands (Willamette Greenway, estuaries, coasts, beaches, etc.). Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 9 of 24 Section 3, Oregon Revised Statutes ORS 197.610 establishes rules for submission of post -acknowledgement plan amendments and land use regulations to the Department of Land Conservation and Development (DLCD). These include the text of the proposed changes, explanatory narrative, staff report, required form, and timelines to get all materials to the agency prior to the first evidentiary hearing. FINDING: Staff submitted the required materials in compliance with the 35-day prior notice timeline. Notice was sent electronically to DLCD on January 7, 2020, which was more than 35 days previous to the first evidentiary on February 27, 2020. The Board finds this criterion has been met. Section 4, Oregon Administrative Rule 660-012 660-012-0060, aka the Transportation Planning Rule (TPR) Plan and Land Use Regulation Amendments (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless an amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would. (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan), (b) Change standards implementing a functional classification system, (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 10 of 24 (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility. (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan, (C') Degrade the performance of an existing or planned transportation facility that is otherwise projected not to meet the performance standards identified in the TSP or comprehensive plan. FINDING: The proposed amendment will not change the functional classification of U.S. 20 or Cook, O.B. Riley, or Old Bend -Redmond Highway. The State and County standards which implement the functional classification systems will remain unchanged. The U.S. 20/Cook- O.B. Riley intersection will not meet the ODOT performance targets in 2040; the U.S. 20/Old Bend -Redmond Highway will meet the ODOT performance targets in 2040. Thus there is a significant effect for the Tumalo intersection, but not Old Bend -Redmond. As discussed below, the County can still approve the plan amendment. The Board finds this criterion has been met. (2) If a local government determines that there would be a significant effect, then the local government must ensure that allowed land uses are consistent with the identified function, capacity, and performance standards of the facility measured at the end of the planning period identified in the adopted TSP through one or a combination of the remedies listed in (a) through (e) below, unless the amendment meets the balancing test in subsection (2)(e) of this section or qualifies for partial mitigation in section (11) of this rule. A local government using subsection (2)(e), section (3), section (10) or section (11) to approve an amendment recognizes that additional motor vehicle traffic congestion may result and that other facility providers would not be expected to provide additional capacity for motor vehicles in response to this congestion. (c) Amending the TSP to modify the planned function, capacity or performance standards of the transportation facility. FINDING: As discussed in the Goal 12 findings, ODOT and the County have agreed to 0.90 volume/capacity (V/C) ratio for the U.S. 20/Cook-O.B. Riley roundabout. ODOT has the Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 11 of 24 ability to approve and apply alternate mobility standards. DCC 18.116.310(H)(2) defers to ODOT's performance targets on intersections involving State highways and County roads. The Board finds this criterion has been met. (3) Notwithstanding sections (1) and (2) of this rule, a local government may approve an amendment that would significantly affect an existing transportation facility without assuring that the allowed land uses are consistent with the function, capacity and performance standards of the facility where: (a) In the absence of the amendment, planned transportation facilities, improvements and services as set forth in section (4) of this rule would not be adequate to achieve consistency with the identified function, capacity or performance standard for that facility by the end of the planning period identified in the adopted TSP, (b) Development resulting from the amendment will, at a minimum, mitigate the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development through one or a combination of transportation improvements or measures, (c) The amendment does not involve property located in an interchange area as defined in paragraph (4)(d)(C), and (d) For affected state highways, ODOT provides a written statement that the proposed funding and timing for the identified mitigation improvements or measures are, at a minimum, sufficient to avoid further degradation to the performance of the affected state highway. However, if a local government provides the appropriate ODOT regional office with written notice of a proposed amendment in a manner that provides ODOT reasonable opportunity to submit a written statement into the record of the local government proceeding, and ODOT does not provide a written statement, then the local government may proceed with applying subsections (a) through (c) of this section. FINDING: Funding is reasonably likely in order to satisfy 660-012-0060(3)(d) given the plan amendment is for roundabouts on U.S. 20. ODOT is the road authority for this intersection and anticipates beginning construction in the next few years. ODOT's 2018-2021 Statewide Transportation Improvement Program (STIP) identifies $2.25 for preliminary engineering Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 12 of 24 and right of way purchases for this project (Key #14892), which clearly indicates an intent to build the Tumalo roundabout. In the submitted burden of proof, ODOT has stated funding is reasonably likely. Additionally, Deschutes County has contributed substantial dollars to fund the U.S. 20/Cook-O.B. Riley roundabout. The Board finds this criterion has been met. Section 5, Deschutes County Comprehensive Plan Chapter 1, Comprehensive Planning Section 1.3 Land Use Planning Policies Goal 1 Maintain an open public land use process in which decisions are based on the objective valuation of facts. Policy 1.3.3 Involve the public when amending County Code FINDING: The Tumalo roundabout was developed through an extensive public process with multiple open houses and meetings with stakeholders and advisory committee members prior to ODOT submitting the plan amendment. ODOT is on record in its submitted burden of proof as intending to go through a similar public process to further refine the U.S. 20/01d Bend -Redmond Highway roundabout. The plan amendment required work sessions with the PC and the Board, which the public could attend, and public hearings where the public testified in writing and orally to the PC and the Board. The Board finds the plan amendment is consistent with the Comprehensive Plan. Chapter 4, Urban Growth Management Section 4.3 Unincorporated Communities FINDING: The County has four types of unincorporated communities: Urban, Rural, Resort, and Rural Service Center. Table 4.3.1 identifies Tumalo as a Rural Community. The goals and policies specific to Tumalo appear in the Tumalo Community Plan which is discussed below. Tumalo Community Plan 2010 - 2030 Traffic and Circulation As noted earlier, the transportation system in Tumalo is dominated by US 20, a state highway that bisects the community. Traffic is a major issue for Tumalo residents because the highway traffic volume creates unsafe crossings and long delays for Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 13 of 24 motorized and non -motorized users entering US 20 from Sth Street, 7th Street, Cook Avenue, and OB Riley Road. Deschutes County and ODOT are currently working on a long-term plan to address the needs of Tumalo and the state highway. The goal is to maintain safe and convenient uses of US 20. In the summer of 2010, ODOT constructed a raised median at the intersection of 7th- Bailey and US 20. The raised median limited 7th Street to right -in, right -out turns only and limited Bailey to right -in, right -out, and left -in turns. The raised median has a Z- shaped opening to enable bicyclists and pedestrians to cross US 20 one lane at a time while simultaneously providing a refuge. FINDING: The Tumalo roundabout will reduce the number and severity of crashes at the U.S. 20/Cook-O.B. Riley intersection. The roundabout will also accommodate bicyclists and pedestrians. The Board finds the proposed roundabout is consistent with this section of the Tumalo Community Plan. Commercial Area Policy Limit Access from US 20 so it is safe and economically viable. FINDING: The Tumalo roundabout maintains the current accesses to/from U.S. 20, but the change from a four -legged intersection to a roundabout accomplishes several safety aspects. The roundabout ensures lower speeds coming into and moving through the roundabout, which means any crashes will be less severe. All turns into and out of a roundabout are right turns, which statistically are safer than left turns to/from the highway. The roundabout dramatically decreases the chance of head-on collisions. The Board finds the U.S. 20/Cook-O.B. Riley roundabout is consistent with this section of the Tumalo Community Plan. Transportation Goal Provide a safe and efficient system for all modes of transportation. US 20 Policies 8. Coordinate with the Tumalo Community and Oregon Department of Transportation to implement both short and long-term improvements to solve transportation problems, including at the Cook Avenue and US 20 intersection. 9. Enhance the roadside environment, through tree planting, signage or other means. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 14 of 24 10. Promote safe access and slower speeds on US 20 through Tumalo. 11. Retain and enhance access across US 20 using above, below, or at grade crossings to support pedestrian, bicycle and equestrian access to recreation and community services. FINDING: The intersection upgrade in Tumalo is the result of a multi -year project development process. It involved a comprehensive review of other guidance documents influencing the planning area, an assessment of existing and projected future conditions along the project corridor, and a review of various alternatives that could resolve the identified issues, guided by an extensive public involvement process. Public open house meetings took place in January and May of this year while stakeholder meetings took place in March, April, June and September of 2019. ODOT and Deschutes County have partnered to develop the project to 30% design in order to establish the project footprint and begin the right of way acquisition process. The roundabout will help slow speeds through Tumalo through its design and by indicating to drivers they are transitioning from a rural segment of highway to one that is more urban. Kittelson and Associates has been retained and will be developing the preliminary design. The Board finds the resulting roundabout preferred alternative is consistent with the above goals and policies from the Tumalo Community Plan. Section 6, Deschutes County Transportation System Plan Goal Achieve an efficient, safe, convenient, and economically viable transportation and communication system. This system includes roads, rail lines, public transit, air, pipeline, pedestrian and bicycle facilities. The Deschutes County transportation system shall be designed to serve the existing and projected needs of the unincorporated communities and rural areas within the County. The system shall provide connections between different modes of transportation to reduce reliance on any one mode. Policy 1.2 The lead agency for review of transportation projects in Deschutes County shall be: a. Deschutes County for projects completely outside urban growth boundaries (UGBs), Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 15 of 24 FINDING: ODOT has applied to Deschutes County for land use review to amend the County's TSP and Tumalo Community Plan by adding the roundabout locations to these documents. Tumalo is an Unincorporated Community and is outside of any Urban Growth Boundary (UGB). U.S. 20 is a State facility. Policy 1.2a is met; Policies 1.2.b and c are not applicable as the project does not involve a city and is completely outside of a UGB. The Board finds the proposed roundabouts are consistent with this policy. Goal 2 The Deschutes County TSP shall be continually updated in a timely fashion in order to ensure the transportation system serves the needs of County residents, businesses, and visitors. Policy 2.1 Deschutes County shall: a. Identify local, regional, and state transportation needs, b. Develop a transportation plan that shall address those needs, c. Review and update the plan at least every five years, d. Continue to coordinate transportation planning with local, regional and state plans by reviewing any changes to Deschutes County local transportation plans, regional transportation plans, the Oregon Transportation Plan and ODOT's State Transportation Improvement Program (STIP), and e. Continue public and interagency involvement in the transportation planning process. FINDING: The intersection upgrades are based on the current and future operational challenges of US 20. Roundabouts address safety and operational needs at these two intersections. The Board finds the roundabouts are consistent with this policy. Policy 2.2 Transportation Projects a. The County shall have a list of transportation projects, adopted by the Board of County Commissioners in accordance with the policies set forth below. b. The initial Transportation Project List shall beset forth in Table 5.3.T1 of the Transportation System Plan adopted as part of the Resource Element of the Comprehensive Plan. The Board shall update the Transportation Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 16 of 24 Project List periodically by resolution adopted by the Board without need of a formal amendment to the TSP. c. New Transportation Projects shall be included on the County's Transportation Project List. A transportation project proposed for addition to the list shall be subject to an individual land use review only if applicable administrative rules or land use regulations require such review. d. Transportation or development projects that require a plan text amendment or a conditional use permit may be required to fulfill conditions or implement mitigation measures before approval is granted. Mitigation and conditions may include, but are not limited to: • Improvement of surrounding roads, • Limits on level of development, • Revision of development placement, • Addition or redesign of access; • Addition of traffic management devices such as traffic signals, medians, turn lanes or signage, and/or • Improvements that reduce transportation impacts. Deschutes County acknowledges that land use designations have a significant impact on the overall transportation system and any alterations shall be completed with consideration to traffic impacts on the County road system and consistency with the Transportation Planning Rule (TPR). FINDING: ODOT proposed that the intersection upgrades (roundabouts) be included on the County's Highway Intersection portion of Table 5.33I as cost -constrained projects. The US 20 at Old Bend -Redmond Highway - Grade separation project under Table 5.3.T2 was removed and added to Table 5.331. The project development process has covered each of the criteria mentioned above in 2.2d. The Board finds the roundabouts are consistent with this policy. Goal The transportation plan and facilities of Deschutes County shall be coordinated with the plans and facilities of incorporated cities within Deschutes County, adjacent counties, and the State of Oregon. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 17 of 24 Policy 3.2 Deschutes County shall coordinate local plans and land use decisions with state transportation plans, including the Oregon Transportation Plan, the Oregon Highway Plan and other modal plans. These plans provide ODOT policies and performance standards for State Highways within Deschutes County. These ODOT plans also provide the framework for access management on state facilities to protect the capacity and function of the highways. FINDING: The Board finds the Oregon Highway Plan (OHP) does not have to be amended to include the intersection upgrades. Goal 4 Establish a transportation system, supportive of a geographically distributed and diversified economic base, while also providing a safe, efficient network for residential mobility and tourism. Policy 4.4 Deschutes County shall consider roadway function, classification, and capacity as criteria for plan map amendments and zone changes. This shall assure that proposed land uses do not exceed the planned capacity of the transportation system. Policy 4.5 Roads in Deschutes County shall be located, designed and constructed to meet their planned function and provide space for motor vehicle travel and bike and pedestrian facilities where required. FINDING: The project development process has covered each of the criteria mentioned above in 4.4 and 4.5. The intersection upgrades meets the design and operational standards of ODOT's Highway Design Manual, Oregon Highway Plan, and Table A of Deschutes County's Road and Specification Standards under Deschutes County Code (DCC) 17.48.050. The Board finds the roundabouts are consistent with these policies. Goal 5 Maintain an access management system adequate to protect the quality and function of the arterial and collector street system. Policy 5.3 Wherever practical, access to state highways shall be provided via frontage roads, alternative local roads or other means, rather than direct access to the highway. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 18 of 24 FINDING: The Board finds intersection upgrades meet the access management requirements of the Oregon Highway Plan (OHP) and Oregon Administrative Rule Chapter 734 (Division 51). Policy 5.4 A non -traversable median on state highways shall be installed by ODOT when operational or safety issues warrant installation as set forth by Policy 3B. Medians in the OHP. Directional breaks in the median may be allowed as needed, provided traffic operations are still safe. FINDING: The roundabouts have splitter islands on the approaches, which essentially function as raised medians. The Board finds that the proposed splitter islands are consistent with this policy. Goal? Update as needed DCC Chapter 17.48, Design and Construction Specifications, to ensure all aspects of construction related to roads, pedestrian walkways and bike facilities occurring outside designated urban growth boundaries in Deschutes County are adequate to meet the needs of the traveling public. Policy 7.1 Any new or reconstructed rural roads shall be built to the standards set forth in DCC Chapter 17.48, Table A. Bicycle and pedestrian facilities shall be built to the standards set forth in DCC Chapter 17.48, Table B. FINDING: The plan amendment is to add the two roundabouts to the TSP. The project development process has covered each of the criteria mentioned above in 7.1. When construction occurs the bicycle and pedestrian facilities included with the intersection improvements meet the standards set forth in DCC Chapter 17.48, Tables A and B. The Board finds the roundabouts are consistent with this policy. Goal 10 Maintain the current arterial and collector system in the County and prevent degradation of the capacity of the system. Policy 10.2 Deschutes County shall continue to work with ODOT, the Cities of Bend, La Pine, Redmond, and Sisters, and neighboring counties to coordinate solutions to highway and non -highway road issues that cross over jurisdictional boundaries. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 19 of 24 FINDING: The project development process included participation from Deschutes County Board of Commissioners, the PC, and Planning and Road Department staff. Two public open houses were held for US 20 at Tumalo and will eventually be held for US20: Deschutes River Bridge - Robal Road once it is included within the State Transportation Improvement Program (STIP). The proposed roundabouts have been coordinated with ODOT and Deschutes County as the preferred improvements at these intersections. The Board finds the roundabouts are consistent with this policy. Goal 12 Develop a plan of designated truck routes on County arterials Policy 12.1 Deschutes County shall designate that long -haul, through trucks, be limited to operating on Principal Arterial and Rural Arterial roads as designated in the County transportation network, except in emergency situations and when no reasonable alternative arterial road is available for access to commercial or industrial uses. Policy 12.2 Deschutes County shall support economic development by encouraging ODOT to prioritize modernization, preservation, and safety projects on highways designated as Freight Routes over non -Freight Routes. FINDING: U.S. 20 is designated both a Freight Route and an Expressway. The Board finds the roundabouts are consistent with these policies. Goal 15 Policy 15.2 Provide and maintain a safe, convenient and economical bicycle and pedestrian system that is integrated with other transportation systems. Policy 15.4 Coordinate on -road County bikeways with known existing and proposed State and City bikeways. Policy 15.5 County arterials and collectors may use shoulder bikeways or shared roadways. These bikeways shall be upgraded to bike lanes when highway reconstruction occurs and the traffic volumes warrant lanes. Policy 15.6 Deschutes County shall facilitate safe and direct bicycle and pedestrian crossings of arterial roads. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 20 of 24 FINDING: The plan amendment is to add roundabouts to the TSP. The project development process has covered each of the criteria mentioned above in 15.2, 15.4,15.5 and 15.6. When actual intersection upgrades begin they will include adequate pedestrian and bicycle facilities along northbound and southbound sides of the intersections and coordination with Oregon State Parks Department regarding the routing of Three Bridges State Scenic Bikeway which passes through Tumalo. The Board finds the roundabouts are consistent with these policies. I US 20 Corridor Topic. US 20 as a Barrier in Tumalo Response: Residents of Tumalo, cyclists, pedestrians, and equestrians, as well as motorists have found the US 20 & Cook-OB Riley intersection to be problematic. ODOT in summer 2010 installed a raised median at US 20 & 7th-Bailey as a short-term improvement. The agency and County are in the late stages of selecting a long-term improvement to have a grade -separated crossing of US 20 at either OB Riley -Cook or 7th- Bailey. The County prefers OB Riley -Cook to preserve route integrity and minimize the turning movements at Fifth/Cook. Not all members of the community are accepting of the ODOT concept and would prefer a traffic signal or roundabout. Due to a lack of potential near, mid, and long-term funding that may be available to construct either the C-4 or 1-3 improvement projects, its is suggested that ODOT, Deschutes County, and Tumalo area stakeholders develop an interim solution which provides the necessary incremental system capacity designed in a safe and practical manner. Suggested improvements could include signalization, speed reduction, bicycle and pedestrian crossing improvements, and other similar treatments designed with consideration to the long term vision for the highway through Tumalo. All interim improvement concepts should consider both the needs of the highway user and the Tumalo community. Once a long-term preferred alternative is reached, ODOT and the County will pursue funding to construct the improvement. Of the two ODOT final long-term concepts, C-4 takes the County road over US 20 while 1-3 takes the County road under US 20. The County through the TSP public hearing process expressed a preference for 1-3. Additionally, the County recognizes the concerns of Tumalo residents regarding the way the long-term project could affect their community and requires that ODOT have an active dialogue in Tumalo after funding is programmed for this long-term project but well before they are designed or constructed. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 21 of 24 • Prior to design, ODOT will hold a public meeting in Tumalo to explain the purpose, need, and timing of the project and to receive and consider the viewpoints of Tumalo area residents and how they might be best addressed in terms of project design and construction. FINDING: The text above appears on page 150 of the TSP. The proposed text to be added following the above bullet is shown below and underlined. After several public open houses, stakeholder committee meetings, and technical research, ODOT and the County now agree a roundabout is the preferred alternative in Tumalo, replacing 1-3 should appear underneath the current bulleted text above. "The intersection upgrade in Tumalo is the result of a multi -year project development process It involved a comprehensive review of other guidance documents influencing the planning area, an assessment of existing and projected future conditions along the project corridor, and a review of various alternatives that could resolve the identified issues, guided by an extensive public involvement process. Public Open House meetings took place in January and May of this year while Stakeholder meetings took place in March, April, tune and September of this year. ODOT and Deschutes County have partnered to develop the project to 30% design in order to establish the project footprint and begin the right of way acquisition process. Kittelson and Associates has been retained and will be developing the preliminary design." The Board approves the underlined additional language above and finds it consistent with the TSP. US 20 US 20 is the principal east -west route through Central Oregon, tying the Mid- and Upper Willamette Valley to the High Desert. The highway sees a fair amount of truck traffic and recreational traffic in both winter and summer. The majority of US 20 is two lanes with the majority of the passing lane sections located between Bend and Sisters, there are a few passing lanes between Sisters and the County Line. East of Bend, there are passing lanes tied to topography where the highway crosses Horse Ridge. The 2030 higher volumes will range from 11,900 by Tollgate to 19,200 in the Tumalo area to 15,900 at the east edge of Bend. These are substantially higher than the existing (2009) volumes, but less than on US 97. The 2030 volumes will be below ODOrs threshold for a raised median which under Oregon Highway Plan Policy 3B is 28,000 ADT. However, US 20 at the western edge of the County does have a history of weather -related crashes in Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 22 of 24 winter, so four -phased improvements will be needed for safety reasons. Policy 3B under Action Item 3B.3 calls for raised medians when the crash rate exceeds the statewide average for similar facilities. Planned improvements for US 20 include $31.9 million in additional travel lanes and $43.9 for intersection improvements, including overpasses, grade separated interchanges, and roundabouts. (The County recognizes ODOT has reversed its position while the TSP was being developed, and the agency now has qualms about roundabouts. The County acknowledges ODOT can choose a different form of intersection improvements, but the County will base its financial contribution on a rural roundabout. There are two projects proposed for US 20 that drew unfavorable comments from the public. The first is the passing lanes between Black Butte Ranch and Sisters and the second is the long-term improvement at Cook Avenue-OB Riley in Tumalo (see Chapter for a fuller discussion of the relevant issues). The County, ODOT, City of Sisters, and the public attempted to identify mutually agreeable "triggers' for the passing lanes during the public hearings. In the Bend area, the planned improvements are additional lanes from Providence Drive to Hamby Road and the intersection improvements at Old Bend -Redmond Highway, Hamby -Ward, and Powell Butte Highway. These are related to traffic increases on both US 20 and the connecting arterial or collector. For Old Bend Redmond, ODOT and the County will need to conduct a refinement plan to determine if the solution is a simple overpass or a grade -separated interchange. The crash history at this location is what is driving the improvement as drivers unsuccessfully attempt to cross the highway or turn onto the highway. The County is proposing roundabouts on US 20 at Hamby -Ward and the Powell Butte Highway (see Chapter Four for discussion of the issue). FINDING: The text cited above appears on page 166 of the TSP. The proposed text to be added to at the end of this section is shown below and underlined: "However, instead of a grade -separation at Old Bend -Redmond. ODOT and the County have agreed to a design concept of roundabouts on US 20 in Central Oregon based upon safety, cost, operational benefits, and treating rural highway intersections consistently. ODOT will hold public outreach meetings later in the project development process similar to what was done for the Tumalo roundabout." The Board approves the underlined language above and finds it consistent with the TSP. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 23 of 24 Conclusion The Deschutes County Transportation System Plan (TSP) identifies policies and improvements that support the County's transportation system through the year 2030. The TSP accomplishes this through specific goals and policies. The proposed plan amendment to add roundabouts to the TSP at U.S. 20/Cook-O.B. Riley in Tumalo and U.S. 20/01d Bend - Redmond Highway and amend the cited TSP tables and amend the proposed language are consistent with the applicable OARS, ORSs, the Comprehensive Plan, the Tumalo Community Plan, and the TSP. The plan amendment was processed in accordance with DCC 22.12, Legislative Changes. The Board finds the roundabouts and associated changes to Tables 5.3.T1 and 5.3.T2 and TSP text are consistent with the relevant County plans, policies, and processes as well as the OHP and administrative rules. Exhibit F, Ord. 2020-008 (U.S. 20 roundabouts) Page 24 of 24 �vTES CO '-� Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 10, 2020 DATE: June 4, 2020 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: PUBLIC HEARING: Community Development Department Work Plan FY 2020-21 RECOMMENDATION & ACTION REQUESTED: Approve as proposed or as modified by the Board. BACKGROUND AND POLICY IMPLICATIONS: The Community Development Department (CDD) presented its draft Annual Report and Work Plan for Fiscal Year 2020-21 to the Board on May 20, 2020, following recommendations of approval by the Planning Commission and Historic Landmarks Commission. The Work Plan describes the most important departmental objectives and proposed projects in each CDD division for the next fiscal year. It also serves as the context within which new projects that arise during the course of the year are prioritized and undertaken. The Work Plan addresses current and potential COVID-19 impacts. FISCAL IMPLICATIONS: None. The costs for the projects in the Work Plan are included in the adopted budget. ATTENDANCE: Nick Lelack, Community Development Director U� E S MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Nick Lelack, AICP, Director DATE: June 10, 2020 SUBJECT: CDD Draft Work Plan for Fiscal Year (FY) 2020-21 / Public Hearing ZOOM PUBLIC HEARING INFORMATION: Citizens planning to provide public comments on this agenda item are invited to participate in this meeting via Zoom. The Zoom meeting id and password are provided below. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to provide public comments on this agenda time, you will be unmuted and placed in the spotlight. Staff will announce your name and unmute your connection for you to provide comments. You will be placed in the waiting room until the time of presenting your public comments. Computer: join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us02web zoom.us/�84819115963?pwd=YW9vS2ZsZGtUQIVOODhPYkIYUTgl UT09 Password: 695922 Phone: Listen and participate: Dial (for higher quality, dial a number based on your current location): +1 253 215 8782 Webinar ID: 848 1911 5963 Email comments prior to the meeting at 10:00 a.m. to Nick.Lelack@deschutes.org. SUMMARY The Board of County Commissioners (Board) will hold a public hearing on the Community Development Department's (CDD) Annual Report and Work Plan on Wednesday, June 10. On May 20, staff provided an overview of the draft Annual Report and Work Plan for Fiscal Year (FY) 2020- 21, the Planning Commission and Historic Landmarks Commission's recommendations, and the public comment received. In sum, the both Commission's recommended approval. Table 1 provides the Planning Commission's recommended additions, staff comments, and the Board decision on each recommendation. Table 1— Planning Commission Recommendations Planning Commission Recommendation Staff Comments Board Decision (Approve, Modify, Deny) If such an acknowledgement is added, the acknowledgement can state that 1. Page 4. Introduction. Deschutes County remained open for Add a special acknowledgement that business, including the Community the department remained open for Development Department, during the business during the COVID-19 pandemic to provide essential public pandemic. services to protect public health, life, and safety, and to support the local economy. CDD staff does not track or report on 2. In the Planning Division section, add a economic indicators. Rather, the new work plan project to track the County supports and relies on a variety economic recovery by establishing of economic organizations for such indicators to determine whether the information. At the work session, the county is improving or worsening. Board appeared to support the current approach and not include this project in the Work Plan. A resident, Doug White, proposed this project in a letter (attached) and in comments at the Planning Commission 3. Initiate Legislative Code Amendment to public hearing. The Planning require review and use of reasonable Commission added the second part to standards and conditions for the proposed project —to consider establishing "short term rental" (STR) regional variation in the standards. units in the Rural Residential Zone — RR —10. STR units are those dwellings The County does not currently regulate being rented out for less than 30 STRs in the rural County. Initiating this consecutive days. Consider regional project would be a major effort given variation in the standards, such as the significant public interest on both Sisters Country establishing similar sides of this issue. If the County decides standards to the City of Sisters. to regulate STRs, administering and enforcing the program would require significant resources given the large number of STRs across the County. The Board can decide whether to include this project as a stand-alone 4. Strengthen historic preservation Work Plan project or defer it to the FY regulations. 2021-22 Certified Local Government Grant (CLG) Application process, or both or neither of these options. 5. Other: -2- BOARD DECISION OPTIONS 1. Close the hearing, deliberate, and approve the FY 2020-21 Work Plan: a. As proposed; or b. As modified by the decisions made in Table 1 above. 2. Continue the written and/or oral comment period to a date certain, deliberate, and approve the Work Plan prior to or on July 1, 2020. Attachment 1. Draft CDD FY 2020/2021 Work Plan and 2019 Annual Report. 2. Doug White Letter. 3. Gary Grund Email. 4. Board Work Session Memorandum. -3- ES QjUi� ka • 117 NW Lafayette Avenue Building Safety P.O. Box 6005 Code Enforcement Bend, OR 97703 Coordinated Services www.deschutes.org/cd Environmental Soils (541) 388-6575 Planning 11 .Ill Vu u S.tIVI I ..............•..........•.... ......... ........................................., ......... ........,........................................ ... Code Enforce The Community Development Department (CDD) facilitates orderly growth and development in the Deschutes County community through coordinated prograrns of Environmental Soils, Building Safety, Code Enforcement, Coordinated Services, Planning and education and service to the public. The 2020-21 Work Plan and 2019 Annual Report highlight the department's accomplishments, goals and objectives and are developed to: ✓ Report on achievements and performance; ✓ Implement the Board of County Commissioners (BOCC) goals and objectives; ✓ Implement the Deschutes County Customer Service "Every Time" Standards; ✓ Effectively and efficiently manage organizational assets, capabilities and finances, - Fulfill the department's regulatory compliance requirements, - Enhance the County as a safe, sustainable and highly desirable place to live, work, learn, recreate, visit and more; and ✓ Address changes in state law. The BOCC adopted this report on JBD) after considering public, stakeholder and partner organization input and Planning Commission and Historic Landmarks Commission recommendations. The Work Plan often includes more projects than there are resources available. CDD coordinates with the BOCC throughout the year to prioritize and initiate projects. Projects not initiated are often carried over to future years. 4 CDD Work Plan 2020-21 / 2019 Annual Report 0-C ES CO G�-A 71 V Patti Adair, Chair Anthony DeBone, Vice Chair Phillip G. Henderson, Commissioner Tom An(lerson, County Administrator I Eril< Kropp, Deputy County Administrator Les Hudson- At Large ( Chair) Maggie Kirby— Bend Area (Vice Clair) Jim Beefier— Bend Area Dale Crawford — At Large Jessica Kieras— Redmond Area Hugh Palcic—South County Steve Swisher —Sisters Area Chris Horting Jones, Chair— Unincorporated Sharon Leighty, Vice Chair— Unincorporated Kelly Madden—Ex-Officio Bill Olsen— Pioneer Association Dennis Schmidling, Secretary— City of Sisters Rachel Stemach— Unincorporated Gregory). Frank I Stephanie Hicks I Will Van Vactor Dave Thomson, Chair _ Christopher Cassard, Vice Chair Katie Hammer Sam Handelman Wendy Holzman Katrina LangendeiI Ann Marland Scott Morgan Rick Root David Roth Mark Smith 5 CDD Work Plan 2020-21 / 2019 Annual Report COMMUNITY DEVELOPMENT * - R Budget Summary Fiscal Issues: • Establishing a financial contingency plan detailing the department's course of action as it relates to reserve fund reduction and resource allocation decision -making strategies in response to unknown economic and development activity conditions. ® Ensuring financial stability and ongoing operations while navigating the uncertainty of COVID-19. • Ensuring costs are accounted for and recovered through fees and other revenue sources, per the adopted budget. Operational Challenges: ® Maintaining high customer service levels with appropriate staffing levels while practicing social distancing, among other safety measures to protect everyone and expanding training for CDD's online services and public meeting technologies. ® Adjusting departmental operations based on Oregon's state of emergency declaration and recommended practices, including, but not limited to, ongoing in -person front counter services in Bend and at satellite offices, building and septic inspections, and code enforcement investigations. ® Developing and implementing new public hearing and overall citizen engagement strategies for - meaningful public involvement in planning projects as social distancing and similar measures will likely be necessary for at least part of the fiscal year. ® Responding to new regulations and laws as an outcome of 2020121 legislative sessions. ® Processing complex and controversial land use applications and decisions and code enforcement cases. ® Addressing affordable housing. ® Improving the department's website and keeping it up-to-date as utilization will significantly increase during and beyond the panclemic. Development statistics, dashboards, and other reports to keep staff and customers informed of development activity, and current and upcoming major projects. 6 CDD Work Plan 2020-21 / 2019 Annual Report COMMUNITY DEVELOPMENT & Organization Organizational Chart SummaryStaff Total FfE's 1 45.00 1 52.00 1 55.00 1 58.00 58.00 7 CDD Work Plan 2020-21 / 2019 Annual Report MeTrer1w, 450,000 432,9 400,000 385,803 350,000 334,042 300,000 285,781 250,000 235,781 200,000 187,621 194,903 157,211 150,000 - 115,367 100,000 - 7a.958 62,142 3,10 0,44 50,000 1 2 0 3 2 1960 1970 1980 1990 2000 2010 2018 2020 2030 2040 2050 2060 2068 This graph provides a snapshot of the County's growth since 1960 and the preliminary 50-year Portland State University, Oregon Population Forecast Program, through 2068. *AAGR: Average Annual Growth Rate WMI MAIRAM CDD Work Plan 2020-21 / 2019 Annual Report Board of County Commissioners FY 2020-21 Goals & Objectives Enhancing the lives of citizens by delivering quality services In o cost-effective manner COMMUNITIES (SC) proltek,J 0-1-C (0 J" -11 . tv ti: � on�l /c/ 01/ 0-) HEALTHY PEOPLE (HP) Fn e on(,l I-,! - I 1Gir�6 / -1 NICC! ineInCO/LM w 01C "d t.r`?C;/ lents R, I I D C t c 01 ) 0 -1 ic MgmEmalm P/ ("-Idelso� lu"i f-Rli "I COSI Cj.JCC1!,V(' (11d 9 CDD Work Plan 2020-21 2019 Annual Report C'O COMMUNITY DEVELOPMENT CDD is committed to a comprehensive approach to managing performance. The department achieves its goals and objectives by strategically establishing and monitoring performance measures and by adjusting operations based on results. The performance measures: ✓ Address service delivery expectations from the perspectives of CDD's customers; ✓ Ensure the department fulfills its regulatory compliance requirements; ✓ Efficiently and effectively manages the organization's assets, capacities and finances; and ✓ Preserve and enhance the County as a safe, sustainable and desirable place to live, visit, work, learn and recreate. CDD's 2020-21 performance measures align the department's operations and work plan vvith BOCC annual goals and objectives and the County's Customer Service "Every Time" Standards. https:// intranet.deschutes.org/Pages/Customer-Service-Standards.aspx . The following three tables and pages 11 to 13 summarize CDD's performance measures in Year 2019. 2019 Performance Measures Customer Perspective Meeting Target Within Range Not Meeting Target Planning Division Lower UnlDays Two Lmft N oPr of score To Process Administrative Determination Applications Without Prior Notice 14 Days 21 Days 35 Days 14.3 Days To Process Administrative Determination Applications With Prior Notice 30 Days 45 Days 60 Days 56.8 Building Division Lower Unlit Target Upper Limit NumberofDays. To Process Score Residential Plan Review Tumaround Time - Number of Days 2 Days 5 Days 8 Days 15.29 Building Division Lower LIMA Target Target Upper %Completed On Time score Inspection Request Completed By Inspector On Day Requested By Customer 90% 95% 100% 98.3% Environmental Soils Division Lower Limit Yget Upper Umit %completed On Time score Pre -Cover Inspection Request Completed By Inspector On Day Requested By Customer 90% 95% 100% 96.7%719 10 CDD Work Plan 2020-21 / 2019 Annual Report Meeting Target H Within Range Not Meeting Target Coordinated Services I.,r Um" Target UPper limit %Apptl AtPermit Counter Some Percentage of Permits Applied For At The Permit Counter 60% 40% 20% 68.4% Building Division t ere Target - pp r %AppW For Santa Percentage of Permits Applied For Electronically 20% 40% 60% 31.6% Building Division —, UnitPercentage I Target tipper Eta undlcaiy Sooro of Building Division inspections Scheduled Electronically 50% 65% 80% 72.6% Environmental Soils Division l�a` Target Uppe %AppppledFor soon Percentage of Environmental Soils Division Permits Applied For Electronically 15% 35% 50% 15.2% Environmental Soils Division �5` ra got Upper Limit o Electronically $9D Percentage of Environmental Soils Division Inspections Scheduled Electronically 35% 50% 65% 74.8% Internal Processes Meeting Target Within Range 10 Not Meeting Target Code Enforcement i wmrt` Target UpperLimit CoRetonou Score Achieving Voluntary Compliance 75% 85% 100% 91.0 % Resolving Cases within 12 Months 75% 85% 1OD% 68.3 % Building Division l` p` Target unit APorDays score Residential Building inspections - Number of Stops Per Day s t Day a /pay W / Day 8.33 Building Division Bowe Target ppeLi.N maPnRs y' M scorn Residential Plan Review - Average Number of Plan Reviews Per Examiner Per Day 21 Day 3 / Day 4t Day 2.6 Environmental Soils Division � or Target tppe t D Perm t Somo New System Permit Process Control - Turn Around Time in Days 5 Days 10 Days 15 Days 10.3 v 11 CDD Work Plan 2020-21 / 2019 Annual Report IIIIII 1 1i ,�; - - ® Improved process to decrease the number of days for permit issuance by streamlining permit technician and planner review by updating workflow efficiencies between Planning and Coordinated Services; Creation of a farm crop processing Permit Sign Off (PS), excluding cannabis, to implement 1-113 2844 standards eliminating the need for Site Plan review if the processing facility meets certain standards; ® Created a plans examiner call line to distribute calls evenly among staff; and ® Code Enforcement territories were re -aligned improving efficiency for site visits. ® Removing the number of plan reviews performed per day, which did not accurately reflect the changing nature of many permit reviews. 12 CDD Work Plan 2020-21 / 2019 Annual Report For ® Achieve 6-10 inspection stops per day to provide quality service. (BOCC Goal & Objective SD-1) ® Achieve an average turnaround time on building plan reviews of 8-10 days to meet or exceed state requirements. (BOCC Goal & Objective SD-1) ® Achieve 50-80% of inspections scheduled online. (BOCC Goal & Objective SD-1) ® Achieve 90-100% of inspections completed the same day as requested. (BOCC Goal & Objective SD-1) ® Provide community training opportunities for online application submission to obtain a goal of 30% of application submittals conducted online. (BOCC Goal & Objective SD-1) Improve voluntary compliance in Code Enforcement cases from 85% to 90%. (BOCC Goal & Objective SC-1) ® Improve the resolution of Code Enforcement cases within 12 months from 75% to 85%. (BOCC Goal & Objective SC-1) ® Achieve a customer feedback rating of 2.7 (out of 3.0) or better. (BOCC Goal & Objective SD-2) ® Provide community training opportunities for online application submission to obtain a goal of 30% of application submittals conducted on line. (BOCC Goal & Objective SD-1) Achieve structural permit ready -to -issue turnaround time for Coordinated Services of 4-5 days. (BOCC Goal & Objective SD-1) 13 CDD Work Plan 2020-21 / 2019 Annual Report il i i '` - - • am= ® Achieve compliance with the ATT (Alternative Treatment Technology Septic System) Operation and Maintenance (O&M) reporting requirements of 95% to protect groundwater. (BOCC Goal & Objective H P-3) ® Improve the issuance of onsite septic system permits from within 15 days of completed appli- cation to within 12 days of completed applica- tion. (BOCC Goal & Objective SD-1) ® Provide community training opportunities for online application submission to obtain a goal of 15-50% of application submittals conducted online. (BOCC Goal & objective SD-1) ® Achieve 30% of inspections scheduled online. (BOCC Goal & Objective SD-1) ® Achieve 90-100% of Pre -cover inspections com- pleted the same day as requested. (BOCC Goal & Objective SD-1) ® Sustain the issuance of land use administrative decisions with notice within 45 days and without notice within 21 days of completed application. (BOCC Goal & Objective SD-1) ® City of Bend and Redmond Affordable Housing: a. Amend the City of Bend Urban Growth Boundary to implement HB 4079, a pilot project to increase the supply of affordable housing units. (BOCC Goal & Objectives EV 1, EV 2, EV 3, EV 4 and HP 1) b. Amend the City of Redmond Urban Growth Boundary to implement HB 2336, a pilot project to increase the supply of affordable housing units. (BOCC Goal & Objectives EV 1, EV 2, EV 3, EV 4 and HP 1) Complete DLCD Grants with public involvement to develop and consider recommendations to address wildfire hazard mitigation and Goal 5 wildlife habitat inventories to inform the 2021 Comprehensive Plan Update. (BOCC Goal & Objectives SC 3, HP 3, and EV 2) ® Complete rural vacant residential lands analysis and develop a County housing strategy to inform the 2021 Comprehensive Plan Update. (BOCC Goal & Objectives HP 3, EV 1 and EV 2) 14 CDD Work Plan 2020-21 / 2019 Annual Report Administrative Services consists of the Community Development Director, Senior Management Analyst, two Systems Analysts and one Administrative Assistant. The Administrative Services Division provides oversight for all departmental operations and facilities, human resources, budget, customer services, technology and performance measures. Systems Analyst staff are responsible for the integration of technology across all CDD divisions and coordinates with the cities as well as providing direct service to the public via application training and support, web -based mapping, reporting services and data distribution. ✓ Completed installation of parking lot and lobby security cameras to improve safety, - Installed lobby monitor screen to welcome and educate customers regarding services offered; ✓ Initiated an equipment replacement schedule which is part of CDD's Information Technology (IT) strategic plan during the FY20 budget process; ✓ Published a weekly web -based Land Use Activity Surnmaryto communicate land use decisions and weekly customer and permit activity; ✓ Published a monthly web -based Development Summary Report to communicate department news, development statistics and performance measures; ✓ Implemented a new customer queue management software for tracking CDD customer wait times, purpose of visit and performance metrics; ✓ Completed Continuity of Operations Plan (COOP) which details department's plan to continue operation in the event of a disaster; ✓ Participated in a County led effort to create a county -wide plan for Pre -disaster Preparedness Plan; ✓ Updated CDD website, including division and project webpages; ✓ Participated in an Active Shooter Training in conjunction with the Sheriffs Office and Risk Management at the main office in Bend; ✓ Participated in an international Accela permitting software webinar and written case study regarding Deschutes County's migration to cloud technology optimizing agency productivity. https:// www.accela.com/wep-content/uploads/201 9/09/Accela-Deschutes-Co-Case-Study-I pdf 15 CDD Work Plan 2020-21 / 2019 Annual Report ® Reconfigure Accela to improve code enforcement case management and enable fines and fees to be recorded. ® Revise daily cash balancing procedures to improve internal controls. ® Participate in a County led effort to create a coUnty-wide Pre - disaster Preparedness Plan. ® Explore expanding the Planning Division's webpage to provide more information about land use public hearings and opportunities for the public to submit comments on pending applications. ® Expand CDD Information Technology strategic plan to include a five year vision. ® Complete videos of each division to inform online customers and County College students about CDD's purpose, programs and services. ® Update COOP, if necessary, based on lessons learned from COVID-19 Nick Lelack;'AICP Community Development Director (541) 385-1708 Nick.Lelack@deschutes.org Tim Berg Applications System Analyst III (541) 330-4648 Tim.Berg@deschutes.org Ines Curland Application System Analyst 1 (541) 317-3193 Ines.Curland@deschutes.org Tracy Griffin Administrative Assistant (541) 388-6573 Tracy.Griffin@deschutes.org Sherri Pinner Senior Management Analyst (541) 385-1712 Sherri.Pinner@deschutes.org 16 CDD Work Plan 2020-21 / 2019 Annual Report o COMMUNITY DEVELOPMENT Building Safety Building Safety consists of one Building Safety Director, one Assistant Building Safety Official and sixteen Building Safety Inspectors.. The Building Safety Division administers and implements the state and federal building codes through a process of education and a clear and consistent application of the specialty codes. The division provides construction plan reviews, consultation and inspection services throughout the rural county and the cities of La Pine and Sisters. The division also provides services to Lake, Jefferson, Klamath and Crook counties, the cities of Bend and Redmond, and the State of Oregon Building Codes Division on an as -needed basis. ✓ Issued 568 new single-family dwelling permits in 2019. The distribution of these new homes for Deschutes County's building jurisdiction included: — Rural/unincorporated areas: 440 — City of La Pine: 53 — City of Sisters: 75 ✓ Completed Major building plan reviews and inspections for: — Grandstay Hotel & Suites in Sisters — Fire alarm systems for Mt. Bachelor's buildings — The Lodge Assisted Living Facility in Sisters — Fire Station no. 302 in Tumalo ✓ Continued to improve overall operational efficiencies and customer services by: — Implementing the Master Electrical Program in conjunction with Coordinated Services; — Hiring a new Plans Examiner to assist in decreasing plan review turn -around times; — Cross -training of all division staff to perform inspections in all four residential disciplines. ✓ Continued to lead efforts with the Central Oregon Chapter of the International Code Council to: — Achieve consistency in code implementation/administration among all jurisdictions,- - Promote and participate in education among building/development and design professionals, such as the 2019 Oregon Structural Specialty Code update class for Central Oregon Builders Association and Central Oregon Association of Realtors. ✓ Facilitated a Mass Timber/Cross Laminated Timber presentation for the local building community in Bend. ✓ Actively participated in State and local code and rulemaking efforts related to: — Wildfire Hazard Mapping Committee — Tiny Homes on Wheels classifications as RV's with Oregon Department of Transportation registration titles and not building department regulated; — Aclaptions to major Chapter 1 changes in County Codes by adopting local ordinances. 17 CDD Work Plan 2020-21 / 2019 Annual Report COMMUNITY DEVELOPMENT N • Participated in public, community and customer -specific education and outreach efforts such as: — Construction Contractors Board at Sisters Library on the County's building program, services and technologies; — High school students interested in the trades at a local jobs fair; • Coordinated with State and County staff to promote and educate customers on how to apply for online permits and inspections; • Continued succession planning, cross -training and technology investments to maintain and improve efficiencies; • Continued to serve in regional and statewide leadership positions to support Deschutes County and Central Oregon interests. Implement succession planning for the retirement of two long-term inspectors. Provide certification cross -training for all new hires to maintain the division's goal of having fully certified residential inspection staff. a. Research ways to reduce the carbon footprint associated with field inspection duties such as: b. Alternative fuel options; c. Charging stations for electric vehicles, each station has charging capabilities for 1-2 vehicles; • Work with the Road Department to research viability of All Wheel Drive electric vehicles. ® Work with Oregon e-Perrnitting to help test the new app for inspections prior to the roll out, ® Investigate the use of drones and other technologies to accomplish high risk inspections such as: a. Roof diaphragm nailing b. Chimney construction c. High lift CMU grouting Continue participation in the Planning Division led Wildfire Mitigation Advisory Committee process to consider adopting a new Wildfire Hazard Zone map, a local ordinance implementing additional construction standards to reduce hazards presented by wildfire (Oregon Residential Specialty Code R327.4), and/or new defensible space requirements into Deschutes County Code. ® Produce new informational brochures as required by Oregon Administrative Rule (OAR) 918-020-0090 to help customers navigate code changes such as Energy Code and Daycare Facility updates. ® Hosting two or three Chernelketa Community College Building Inspection Technology students this summer for their Cooperative Work Experience which provides Lis an opportunity to demonstrate the county's customer friendly, service oriented approach as a regulatory agency. 18 CDD Work Plan 2020-21 / 2019 Annual Report O1 6 v �� COMMUNITY DEVELOPMENT Randy Scheid Building Safety Director (541) 317-3137 Randy.Scheid@deschutes.org Chris Gracia Assistant Building Official (541) 388-6578 Chris.Gracia@deschutes.org Krista Appleby Building Inspector 111 (541) 385-1701 Krista.Appleby@deschutes.org Keri Blackburn Plans Examiner / Bldg. Insp (541) 388-6577 Keri.Blackburn@deschutes.org Rainer Doerge Building Inspector Ill x1638 ' Rainer.Doerge@deschutes.org Scott Farm Building Inspector III x1639 Scott.Farm@deschutes.org David Farrin Building Inspector 111 (541) 385-1702 David.Farrin@deschutes.org Owen Gilstrap Building Inspector III x1640 Owen.GiIstrap@deschutes.org Brandon Jolley Building Inspector III x1625 Brandon]olley@deschutes.org John Kelley Building Inspector III X1642 John.Kelley@deschutes.org Michael Liskh Building Inspector III x1627 Michael.Liskh@deschutes,org Brian Moore Building Inspector III (541) 385-1705 Brian.Moore@deschutes.org Russell Robertson > Building Inspector III x1643 Russell.Robbertson@deschutes.org Todd Russell Building Inspector III x1644 Todd.RusselI@deschutes.org Laurie Wilson Building Inspector Ill (541) 383-6711 Laurie.Wilson@deschutes.org Richard Wright Building Inspector III x1626 Richard.Wright@deschutes.org 19 CDD Work Plan 2020-21 / 2019 Annual Report l 4 COMMUNITY '`'�■.r/°' DEVELOPMENT y Code Enforcement consists of three Code Enforcement Specialists and one volunteer. The program is managed by the Coordinated Services Administrative Manager and is supported by a law enforcement technician from the Sheriffs Department and operating divisions. The Code Enforcement Division is responsible for investigating code violation complaints to ensure compliance with land use, onsite wastewater disposal, building and solid waste codes (by contract with the Solid Waste Department), and provides direct service on contract to the City of La Pine for solid waste violations. The program's overriding goal is to achieve voluntary compliance. If necessary, citations are issued for prosecution in Circuit Court or before a Code Enforcement Hearings Officer. The program continues to adapt to the County's challenges of growth and diversification, incorporating new measures to ensure timely code compliance. While voluntary compliance is the primary objective, an ever-growing number of cases require further code enforcement action because of delayed correction or non-compliance. Through the continuing development and refinement of departmental procedures for administrative civil penalty, Code Enforcement is obtaining compliance from citations rather than court adjudication resulting in greater cost recovery. A disconcerting trend is the need for County abatement in some cases. In abatement, the County corrects the violations with the priority on compliance. Abatement action is reserved for matters of chronic nuisance and public health and safety. In response to this trend, Code Enforcement is closely coordinating with other County departments in the development and enactment of abatement plans. ✓ During 2019, 1,002 new cases were received and 539 cases were resolved. This is a 12% increase in cases from the previous year. ✓ Provided community education through regular presentations to local real estate groups and title companies. Additionally, staff presented as guest speaker at the 2019 Department of Environmental Quality Summit, focusing on options regarding general compliance with local and state agencies. ✓ Partnered with the Solid Waste Department to implement the use of a voucher system offering financial assistance to customers meeting eligibility criteria in order to facilitate timely compliance. ✓ Continued to partner with departments within the County to resolve difficult cases. Coordination between departments ensures efficiency of operations and avoids overlapping efforts, thus allowing staff to conduct a thorough investigation on behalf of community members. ✓ Created a dashboard for code enforcement metrics such as "cases opened and closed by year", "current active cases" and "current assigned cases by staff member", allowing an assessment of live data and the opportunity to adjust cases and staff as necessary. ✓ Coordinate with Planning, Building Safety and Environmental Soils division to redefine the County's process for decommissioning unlawful second dwellings. ✓ John Griley earned the Code Enforcement Professional Award at the Oregon Code Enforcement Association. 20 CDD Work Plan 2020-21 / 2019 Annual Report COMMUNITY DEVELOPMENT Evaluate and update the Code Enforcement Policy and Procedures Manual to: a. Implement BOCC direction on Marijuana complaints and procedures which were not previously included,- b. Align and implement the land use planning procedures with Deschutes County Code 22.20.0151- c. Update based on otherjurisclictbiTs best practices; and d. Clearly describe proactive enforcement actions such as tracking temporary use permits, replacement dwellings and unpermitted second dwellings. 21 CDD Work Plan 2020-21 / 2019 Annual Report kS (- COMMUNITY DEVELOPMENT ® Update Deschutes County Code sections 1.16 and 1.17 to: a. Create an abatement code to use as another tool to gain compliance; b. Align the code with the Deschutes County Code; c. Implement updates to the Code Enforcement Policy & Procedures Manual that are necessary. ® Conduct public outreach to real estate professionals and organizations, homeowners associations, etc., to share information regarding the code enforcement program and current issues. ® Automate the process for medical hardship notification and out -of -compliance O&M contracts performed by code enforcement volunteers. ® Modify procedures as necessary during and temporarily following the COVID-19 pandemic.. Christopher Beem Code Enforcement Specialist (541) 385-1745Christopher.Beem@deschutes.org John Griley Code Enforcement Specialist (541) 617-4708 john.Griley@deschutes.org Dan Smith Code Enforcement Specialist (541) 385-1710' Dan.Smith@deschutes.org r 22 CDD Work Plan 2020-21 / 2019 Annual Report COMMUNITY DEVELOPMENT Coordinated Services consists of an Administrative Manager, ten Permit Technicians and an Administrative Support Technician. The Coordinated Services Division provides permitting and "front line" direct services to customers at the main office in Bend as well as in the La Pine and Sisters City Halls. Staff work to ensure minimal wait times, provide accurate information to the public and ensure the efficient operation of the front counter and coordination among all division. Staff also perform basic building plan reviews. ✓ Permit Technicians continued to provide exceptional customer service to customers. Lead Technician, Judy Hackett, was awarded the 2019 Oregon Permit Technician Association's 3 `' Annual Bonnie Lanz Outstanding Permit Technician of the Year Award from the State of Oregon. ✓ Staff served approximately 9,400 counter customers during 2019. ✓ Cross -trained Permit Technicians to manage satellite offices. ✓ Reconfigured the City of Sisters permitting process to include implementation of tools within the Accela permitting software. Utilizing Accela in this manner allows all communication between organizations to occur electronically for documentation regarding Planning approvals and approvals to issue a Certificate of Occupancy. ✓ Reconfigured the Driveway Access permitting process within Accela to include approvals from the Road Department allowing for all communication to occur electronically. ✓ Increased electronic permit submittals through public education and outreach to licensed professionals. During 2019, CDD received 28.6% of applications on line in comparison to 25.8% in 2018. ✓ Created an application in partnership with i IT staff to display alert messages when online permits have been submitted, payments have been applied or documents have been uploaded, resulting in increased processing efficiencies. ✓ Continued succession planning for the retirement of two long term staff with the hiring of two limited duration Permit Technicians. Cross -training staff allows the division to maintain high customer service standards during this transition. ✓ As Accela continues to evolve and new tools become available, Deschutes County continues to be a statewide leader in offering training opportunities to customers and regional agency partners. Coordinated Services has hosted in-house, one-on-one training opportunities to facilitate a streamlined permitting process. With local contractors. ✓ Implemented a Master Electrical Permit Program with the Building Safety Division establishing a more efficient procedure for handling repair, alteration and replacement of existing electrical products in qualified facilities. 23 CDD Work Plan 2020-21 / 2019 Annual Report COMMUNITY | DEVELOPMENT / ~�,��.~. —._'. ° Create atraining manual ofStandard Operating Procedures asan additional resource for Permit Technicians for consistency and succession planning. ° Create a"[ustnrnerProperty Report" Loprovideasnaoshotof key property details as8tool to combine and consolidate data for efficient = Increase customer, contractor and public education 0fA[celGand online permit applications t06Ueviate|0bhvvv8itUrnes8ndiA[r28s2per0it issuance times. 0 Create a training program for new hires to improve training efficiencies. ���r`��` ry�/��e�,�p.�«� `n`��^�)`=^~'23` �.``�,`�...�u�",�'°�.pa�� ` _..`(541. '`-' �'^`�`' ` or�� ` ~��~^~~.`~x=~��~~~-^ . ' Katie Borden Permit Technician (541)385'1741 Kade.Borden@deschutesorg Ta'-ra ` - . � Technician�`'`��'. � ."` � )���-4='~`���Ta '^ e| psrh — bne` ` AmiDouoherty Permit Technician (541)385-3217 AmiDoueherty@deschutesorg ``�^\ ,Robert^-/``.�`._^Per'^.~~it � �``'`^'{ `' � `'"~�^^/'^~ Technician ` -^- 1h� ' � '---^` Robert.Graham@deschutes.org ----`^'�--_—�—^�--=. . Judy Hackett Permit Technician (541)385-1713 ]udxHackett@deschutes.org � �!�v=Y�,9=�`<��^'./-�F"''".".'^.` ��� ^ Technician��`��` +' Chenelle.Hale@deschutes.org ``^^.g Lindsey Holloway Permit Technician (541)388-6596 Lindsey. HcJ| utes.org ,�`�'\�� ��n ��:- r� �� l � ere�eJ Jennifer Lawrence Permit Technician (541)385'1405 ]ennJe/LLawrence@deschutesorg �. ���`�`��l!,ernl Technician `'� � . '�(541)317-318O �n � K4ahkmTibnni Administrative Support Technician (541)385'1409 K4ahkm]lboni@deschutes.org 24 CIDD Work Plan 2020-21 / 2019 Annual Report COMMUNITY DEVELOPMENT Environmental Environmental Soils consists of one Environmental Health Supervisor, one Environmental Health Specialist II, two Environmental Health Specialist I trainees, one On -call Inspector and one Permit Technician. The Environmental Soils Division regulates on -site wastewater treatment systems (septic) to assure compliance with state codes, and monitors environmental factors for public health and resource protection. They provide site evaluations, design review, permitting, inspection, education and coordination with the Oregon Department of Environmental Quality (DEQ) for onsite wastewater treatment and dispersal systems. Staff inspects sewage pumper trucks, reports on the condition of existing wastewater systems, maintains an Operations and Maintenance tracking system, provides the public with information on wastewater treatment systems and regulations and investigates sewage hazards. Priority is given to addressing sewage health hazards and protecting public health and the environment. Staff are also engaged in the proactive pursuit of protecting the groundwater in Deschutes County and continue to work with DEQ on permitting protective onsite wastewater systems in South Deschutes County. ✓ Assessed 320 sites for onsite wastewater treatment and dispersal systems, an increase of 14% from 2018, and issued 1,670 permits and authorizations for new and existing onsite treatment and dispersal systems, an increase of 7% from 2018. Assessed sites included several new subdivisions, including the Westside Transect. Applications are becoming more complex and technical. ✓ Continued coordination with the Neighbor Impact Loan Partnership program that provides financial assistance to South County property owners when a nitrogen reducing All system is required to repair a failing onsite system and the owner does riot qualify for a conventional loan. ✓ Provided to property owners in South County seven rebates of $3,750 per property for upgrading conventional onsite systems to nitrogen -reducing pollution reduction systems. ✓ Regularly coordinated with the Department of Environmental Quality (DEQ) to determine the circumstances in South County requiring protective onsite wastewater systems. Staff continued to support and work with DEQ staff on South Deschutes/ Northern Klamath Groundwater Protection Steering Committee recommendations. ✓ Coordinated with the City of Bend staff to assess sites eligible for onsite wastewater treatment and dispersal systems due to their distances from a sewer collection facility. ✓ Increased electronic permit submittal and inspection scheduling through outreach and education of customers, particularly licensed professionals. During 2019, the division received 21.6% of applications online compared to 15.7% in 2018. ✓ Continued working with DEQ on permitting protective onsite wastewater systems in South Deschutes County. Revisited current policies with DEQ staff including a hydrologist, and determined best protective policies moving forward. ✓ Participated as a member of the Technical Review Committee for the DEQ onsite wastewater treatment system program and provided advice on rulemaking proposals, particularly ATT systems that will have impacts to environmentally sensitive areas of Deschutes County. 25 CDD Work Plan 2020-21 / 2019 Annual Report ���0�P�U|��U�� o~~��,vu,v^=�.�" u ^ | DEVELOPMENT | ��"-°"-/_��° m."-,~" A,:: e in,��^�����.���'� / Continued coordination with the Gh/ of Bend and DEQ regarding the southeast sewer interceptor and sewer expansion, and the impact on homeowners with nnsitewastewater systems. ~' Participated in the Upper Deschutes Agricultural Water Quality Management Area Local Advisory Committee. Increased staff involvement in a broader variety of Environmental Health related conferences, seminars and vv0rk3hOpS to provide new learning opportunities and encourage professional development and new connections beyond the onSite program. / Developed and published a web -based quarterly newsletter for Installers. / Participated iDthe City OfBend Storm Water Public Advisory Group, / Facilitated process resulting mBO[[ adoption Of Resolution 2O1g'O4Oamending the Pollution Reduction Credits part of the Transferable Development Credit Program. 26 CDD Work Plan 2020-21 2019 Annual Report �111 COMMUNITY DEVELOPMENT .,. _ . t ® Re -visit current policies with DEQ staff including a hydrologist, and determine best protective policies moving forward, potentially creating criteria for variance processes and further identifying high risk areas. • Continue coordination with the City of Bend and DEQ regarding the septic to sewer program, and the impact on homeowners with onsite wastewater systems. • Provide the Terrebonne Sewer Feasibility Study selected consultant with Environmental Soils staff assistance and information regarding onsite wastewater treatment systems in Terrebonne. • Participate in the Upper Deschutes Agricultural Water Quality Management Area Local Advisory Committee. • Provide financial assistance opportunities to South County property owners who do not qualify for conventional loans to upgrade onsite systems to nitrogen reducing pollution reduction systems (Nitrogen Reducing System Rebates and the Neighborimpact Non -conforming Loan Partnership). • Continue to participate in the City of Bend Storm Water Public Advisory Group. • Update the DEQ contract for the Onsite Wastewater Treatment System Program to be more consistent with current rules and requirements (the current contract dates from 1981). • Amend Deschutes County Code Chapter 11.12, Transferable Development Credit Program to implement changes from BOCC Resolution 2019-040 Todd Cleveland Environmental Health Supervisor (541) 617-4714 Todd.Cleveland@deschutes.org Kevin Hesson Environmental Health Specialist 1 (541) 322-7181 Kevin.Hesson@deschutes.org Larry Howard Environmental Health Specialist 11 (541) 330-4666 Larry.Howard@deschutes.org Kiley Rucker-Clamons Environmental Health Specialist 1 (541) 383-6709 Kiley.Rucker-Clamons@deschutes.org Martha Shields Permit Technician (541)385-1706 Martha.Shields@deschutes.org f 27 CDD Work Plan 2020-21 / 2019 Annual Report -A COMMUNITY -e DEVELOPMENT Q-1 Wow Planning consists of one Planning Director, one Planning Manager, two Senior Planners, one Senior Transportation Planner, seven Associate Planners, two Assistant Planners and one Administrative Assistant. The Planning Division consists of two operational areas: Current Planningb and Long Range Planning. Current Planning processes individual land use applications and provides information to the public on all land use related issues, Long Range Planning addresses the future needs of the County through updates to the comprehensive plan, changes to the County Code and other special projects.. Responsible for reviewing land use applications for compliance with Deschutes County Code (DCC) and state law, including zoning, subdivision and development regulations, and facilitating public hearings with Hearings Officers and the BOCC. Staff is also responsible for verifying compliance with land use rules for building permit applications and septic permits,- coordinating with Code Enforcement to respond to complaints and monitor conditions of approval for land use permits; performing road naming duties; providing assistance at the public information counter, over the telephone and via email; and addressing in the rural County and City of Redmond, under contract. Responsible for planning for the future of Deschutes County, including developing and implementing land use policy with the BOCC, Planning Commission, community and partner organizations. It is in charge of updating the County Comprehensive Plan and zoning regulations, coordinating with cities and agencies on various planning projects taking place in the region, including population forecasts with Portland State University and cities. Staff also monitors and participates in annual legislative sessions, and serves on numerous local, regional and statewide committees primarily focusingb on transportation, natural resources, growth management and economic development. Provides comments and expertise on land use applications, calculates System Development Charges (SDC's) as part of land use application review process or upon request; provides comments to the County's Risk Management Department regarding traffic issues for permitted events, participates in the annual County Capital Improvement Plan (CIP) process with the Road Department; applies for grants for enhanced bicycle and pedestrian facilities in coordination with the Bicycle and Pedestrian Advisory Committee (BPAC); participates in Oregon Department of Transportation (ODOT) funded refinement planning; coordinates road issues with Bureau of Land Management (BLM) and the United States Forest Service (USFS) for urban interface plans; and serves on several local and regional transportation committees, most notably BPAC, the Bend Metropolitan Planning Organization Technical Advisory Committee, and Central Oregon Area Commission on Transportation Technical Advisory Committee (TAC), 28 CDD Work Plan 2020-21 / 2019 Annual Report s COMMUNITY DEVELOPMENT t ✓ Counter coverage averaged 365 customer visits a month (Excludes email inquiries and pre -application meetings). ✓ Received 891 land use applications icompared to 901 in 2018. ✓ The Planning Division received 23 non -farm dwelling applications compared with 33 for 2018. ✓ 19 final plats were recorded in 2019 or are in the process of being recorded, creating a total of 64 residential lots. ✓ The BOCC adopted a staff -initiated amendments: ✓ Clarifying access requirements for subdivisions. ✓ Allowing child care in the Sunriver Business Park. ✓ Allowing historic accessory dwelling units. ✓ One recognizing a 2014 model flood plain code and the other involving piped irrigation canals and laterals in November and December. ✓ Ensuring equal treatment of religious institutions per the Religious Land Use and Institutionalized Person Act (first and second readings were in January 2020) . 1000 900 800 700 600 500 400 300 200 100 0 2012 2013 2014 2015 2016 2017 2018 2019 29 CDD Work Plan 2020-21 / 2019 Annual Report RE' COMMUNITY DEVELOPMENT FJP ✓ The BOCC adopted a modified applicant -initiated ODOT Transportation System Plan amendment for a improvements in Terrebonne. ✓ The BOCC considered staff -initiated amendments to: ✓ The Comprehensive Plan to establish eligibility criteria for six specific areas currently designated Exclusive Farm Use or Forest Use to Nonprime Resource (NPR) Lands. ✓ Deschutes County's Marijuana regulations. Ultimately, the BOCC adopted an opt -out ordinance, referring the prohibition of marijuana production and processing to the voters for the November 2020 General Election. ✓ One marijuana application relating to processing received approval in 2019. The BOCC heard five appeals pertaining to marijuana production, processing and retail. ✓ CDD received 45 annual reports and conducted inspections for marijuana production, processing and retail operators approved by the County. ✓ Received an I 8-month $11,500 Certified Local Government (CLG) Grant in 2019 from the State Historic Preservation Office to assist Deschutes County with its historic preservation prograrns. Received an I 8-month $25,000 Technical Assistance (TA) Grant from DLCD. ✓ Met twelve times, commenting on regional the Transportation System Plan (TSP) updates, Pilot Butte Master Plan and ODOT projects, among others. ✓ Participated in Terrebonne Refinement Plan Technical Advisory Committee (TAC); Parkway Refinement Plan TAC, Wickiup Jct. Refinement Plan (with City of La Pine), Bend US 97 North Corridor Planning,- US 201 Cook Ave. roundabout project-, chaired Governor's Advisory Committee on Motorcycle Safety. ✓ Participated in the Deschutes Basin Habitat Conservation Plan (HCP) as a cooperating agency starting in March, The BOCC also convened a panel of experts in November and provided official comments on the draft HCP and draft Environmental Impact Statement later that month. VV ✓ The BOCC appointed the WMAC in September that was staff facilitated to review and provide recommendations on a Deschutes County Wildfire Hazard Zone / Map, Oregon Revised Specialty Code R327.4 Wildfire Hazard Mitigation, and land use regulations. 30 CDD Work Plan 2020-21 / 2019 Annual Report COMMUNITY DEVELOPMENT ✓ Coordinated with City staff on: ✓ HB 4079, affordable housing pilot project and forthcoming UGB amendment application. ✓ Bend Airport Master Plan. ✓ City of Bend/Bend Metropolitan Planning Organizations on update of Bend TSP. ✓ Veterans Village concept for homeless veterans ✓ Supported the process to amend the Pollution Reduction Credit parts of the TDC Program required for developing the La Pine New Neighborhood, adopted by BOCC Resolution 2019-040. ✓ Participated in Wickiupjunction Refinement Plan. ✓ Coordinated with the City staff regarding: ✓ A site owned by the Oregon Department of State Lands (DSL) adjoining its UGB as a location for a regional large -lot industrial campus. ✓ A site owned by DSL adjoining its UGB as a location for Fairground expansion and Oregon Military Department training site. ✓ Updates to their TSP and potential Quarry Road interchange an extension of 19th Street. ✓ An application by County Property and Facilities adjusting the Redmond UGB. ✓ HB 2336, affordable housing pilot project and forthcoming UGB amendment application. ✓ Coordinated with the City staff regarding: ✓ Finalizing the Sisters Country Vision Plan. ✓ TSP uradates 31 CDD Work Plan 2020-21 / 2019 Annual Report > COMMUNITY DEVELOPMENT To inform the Deschutes County Comprehensive Plan Update, DLCD funded two initiatives Natural Hazards. Initiate a community involvement plan to engage the public in a process to understand, evaluate, and provide informed input on the Wildfire Mitigation Advisory Committee's recommendations to: — Update the County's Wildfire Hazard Map; — Develop land use regulations to mitigate wildfire hazards; and — Consider adopting the State Building Codes Division's wildfire hazard mitigation standards in the Oregon Residential Specialty Code (R327.4) in coordination with the County's Building Safety Division. • Wildlife Inventories. Evaluate new Goal 5 wildlife habitat inventories from the Oregon Department of Fish and Wildlife with the assistance of a biologist; develop wildlife protection scenarios and options; and engage the public in a community conversation to understand, evaluate, and provide informed input on the inventories and protection scenarios and options. s • Develop rural housing strategies for Deschutes County to inform the Comprehensive Plan Update; • Support the County's transitional housing initiative with the Bend Heroes Foundation, and similar efforts. • Develop a scope, schedule, and budget, and explore hiring a consultant team to initiate a multi- year process to update the Comprehensive Plan; Engage Tumalo, Terrebonne, and/or Newberry Country residents to determine if community plans (chapters of the 2030 Comprehensive Plan) meet the current and future needs of each area, and whether there is an interest and readiness for a community plan update as part of the Comprehensive Plan Update process or as stand- alone separate processes; • Initiate the Comprehensive Plan Update by Fall 2021. 32 CDD Work Plan 2020-21 / 2019 Annual Report COMMUNITY DEVELOPMENT Planning y • Continue participating in the implementation in the City of Redmond Comprehensive Plan Update. • Continue participating in the implementation of the Sisters Country Vision Plan; • Participate in the City of Sisters Comprehensive Plan update. PH • Participate in the City of La Pine process to update and amend the County -owned New Neighborhood comprehensive plan designations, master plan and implementing regulation, if initiated by the city. • Support the Environmental Soils Division to amend DCC 11.12 TDC Program. • Coordinate with the City of Bend to update and adopt the BAMP and amend the County's Comprehensive plan and Development Code to incorporate the updated BAMP and implementation measures to allow new airport -related businesses through a streamlined permitting process. • Amend the City of Bend UGB to implement HB 4079, affordable housing project-, • Amend the City of Redmond UGB to implement HB 2336, affordable housing project. • Coordinate with the City of Bend to update the UGB to meet the City's 20-year growth projections, and/ or establishing a URA to protect rural lands for future urbanization and facilitate future UGB expansions. • Administer the 2019-2020 CLG Grant from the State Historic Preservation Office, • Apply for the 2021-2022 CLG Grant, including coordinating with the Historic Landmarks Commission and the City of Sisters on priority projects to include in the grant proposal,- * Develop policy and procedures manual for the Historic Landmarks Commission. • Amend County code to allow: • Day care, nurseries, and childcare facilities from a conditional use permit to a use permitted outright (subject to site plan review),- • Minor variance 10% lot area rule for farm and forest zoned properties, • Nonfarm dwelling code to be consistent with State law; • Re -platting,- • Housekeeping amendments to comply with County Code and State law; • Sign code to become consistent with federal law,- 0 Outdoor Mass Gatherings to be addressed more thoroughly in County Code 33 CDD Work Plan 2020-21 / 2019 Annual Report �����0�8���K��� ci `���:�"^�.~�"n" " � | DEVELOPMENT | �°"-�"-^-��« '"""-'�" ..�°- ���������°���� �-���mmmm0ma w Initiate Comprehensive Plan and/or Zoning Text amendments to comply with and implement new or revised state laws. ° Participate in legislative or rulemaking work groups to shape state laws to benefit Deschutes County ° Complete Hi&/vJy2Oroundabout /Plan Amendment; ° [0nnp|eLe U.S. 97 Bend to Redmond Safety Project; South Century to U.S. Forest Service Property,- * Coordinate the County TSP update with Road Department and Oregon Department of Transportation. "d K z���e w Modify procedures 3snecessary during and temporarily following the [OV|O-1gpandenni[. Peter Gutowsky Planning Manager (541) 385-1709 Peter.Gutowsky@deschutes.org Kyle Collins ^ Associate Planner KWe.[nUins@deschutes.org �—William` Senior Planner Will iam.Groves@deschutesurg Zechariah Heck Associate Planner Zechahah.HeckKpdesdhutesurg Izze u���! ' Associate Planner (541)388-6554' ..`` . ' |sabeUaliu��deschutes»rg ` Matt Martin Associate Planner � ' ` .� K4attyWardn@deschutesorg Nathaniel Miller Assistant Planner (54 317-3164 3, ' NathanieiK4i|ler@deschutes.org Anthony Raguine Senior Planner -`` AnthonyRaguine@deschutcs.nrg ' Tarik Rawlings Associate Planner TahkRaw|ings@deschutesurg Cynthia Smidt " Associate Planner [vnthia.Smidt@deschutes.org >Hether Ward Assistant Planner Hether)Ward@deschutesorQ �\Ashley Williams Administrative Assistant °1~`~'' \ ^~..'.~'.� Ash|ey�MUiam��desdhutesorg Ashley.Williams@deschutes.org Peter Russell' Senior Transportation Planner ~'^ ` � `,-- P�c��U�e�u�� COMMUNITY DEVELOPMENT • •• Statewide Planning Goal 1, Citizen Involvement, requires cities and counties to create a citizen involvement program that provides opportunities for community participation in land use planning processes and decisions. Land use legislation, policies and implementation measures made by Oregonians nearly 50 years ago helped shape Oregon's urban and rural environments. Likewise, choices made today will ultimately shape these areas in the future. Successful land use planning occurs through an open and public process that provides room for information gathering, analysis and vigorous debate. Deschutes County's Community Involvement program is defined in Section 1.2 of the Comprehensive Plan. This chapter identifies the County Planning Commission as the committee for citizen involvement. It also contains the County's Community Involvement goal and corresponding five policies that comply with Goal 1.This report briefly discusses the noteworthy community involvement actions undertaken by the Planning Division in 2019. The report is intended to provide county residents and stakeholders with a tool to assess its effectiveness and offer additional suggestions the County can utilize to ensure that its diverse communities remain actively involved in land use planning discussions. Convened 22 times in 2019 to consider: — Destination Resort Overnight Lodging Unit Tracking — Flood Plain Amendments Convened four times in 2019 to consider: — Bull Creek Bridge Alteration Certified Local Government Grant — Certified Local Government Grant — HB 2106 and HB 3384 Amendment — Historic Preservation and Land Use Panel Discussion — Historic Rural Accessory Unit Amendment — Historic Preservation Month — Nonprime Resource Lands Comprehensive — Planning Division Draft FY 2019-20 Annual Work Plan Plan Amendments_- - Planning Division Draft FY 2018 Annual Work Plan Religious Land Use and Institutionalized Persons Act Amendments Sunriver Business Park Child Care Text Amendment — Sunriver Business Park Employee Housing Text Amendments — US 97 / Terrebonne Refinement Plan / TSP Amendment 35 CDD Work Plan 2020-21 / 2019 Annual Report tXN "G COMMUNITY DEVELOPMENT Community Involvement Report Not Appealed: — Extension For Resolution of Intent to Rezone — Fairgrounds / Oregon Military Department UGB Amendment — Noise Variance — Non -resource Plan Amendment / Zone Change (EFU to MUA-10) — Outdoor Mass Gathering Permits (2 applications) — UGB Adjustment Appealed: — Lower Bridge Planned Unit Development — Marijuana Production Q applications) — Marijuana Production and Processing — Marijuana Production Reconsideration — Marijuana Retail — Thornburgh Resort Tentative Plat and Site Plan (LUBA Remand) — Lot of Record Dwelling — Marijuana Production (subsequently withdrawn for reconsideration) Marijuana Retail Dispensary Marijuana Production Thornburgh Destination Resort Tentative Plat / Site Plan (LUBA Remand) — Tumalo Irrigation District Plan Amendment / Zone Change m r 36 CDD Work Plan 2020-21 / 2019 Annual Report Vi/ COMMUNITY DEVELOPMENT - Campground — Guest Ranch — Goal 11 Exception — Hillman Consolidation — Non -farm Dwelling — Non -irrigated Partition — Lot of Record Dwelling — Lower Bridge Planned Unit Development — Partition — Template Dwelling — Tentative Subdivision Plat — Thornburgh Tentative Plant / Site Plan (LUBA Remand) — UGB Adjustment (2 applications) — Westside Transect Master Plan and Tentative Plat • 37 CDD Work Plan 2020-21 / 2019 Annual Report May 14, 2020 Deschutes County Planning Commission Community Development Department 117 NW Lafayette Avenue Bend, Oregon 97703 SUBJECT: May 14, 2020 Public Hearing, Agenda item VII, Draft CDD IFY 20-21 Annual Report/Work Plan Dear Planning Commission, I am land use consultant in Central Oregon and have resided in rural Deschutes County for nearly 15 years. In the last four years we have seen a transformation of our neighborhood resulting from a proliferation of short-term rentals occupying residential dwellings, without any control or limit of its use. I am requesting that the following new project be endorsed by the Planning Commission and included in the 20-21 Annal Work Plan: Initiate Legislative Code Amendment to require review and the use of reasonable standards and conditions for establishing "short term rental" (STR) units in the Rural Residential Zone - RR-10. STR units are those dwellings being rented out for less than 30 consecutive days. First, we are not opposed to short-term rentals, where there is adequate parking, limits on number of guests, and education of the guests staying at the residence. A person responsible for the property that is located on -site is also important. However, STRs a being rented out and are going un-checked by anyone responsible for the property resulting in a nuisance to the neighborhoods. You cannot rely on the guests to police themselves. Issue: Unless prohibited by an ownership association, short term rentals (STRs) are allowed county -wide without any review by the CDD. Large dwellings are being listed and purchased at high prices and converted to short term rentals using on-line booking companies (like Airbnb, and Vrbo) to rent out daily. The owners of these properties often reside elsewhere with no one on -site or even nearby monitor its use. Dwellings with large living and recreational spaces (often sleeping more than 10) are being rented and subsequently used for large gatherings, spring break, bachelor or bridal parties, birthdays, and graduations, as well as weddings, and family and school reunions. In a 2018 land use decision regarding a proposed B&B inn, the Board of Commissioners adopted the hearings officer's finding that a B&B is analogous to a hotel facility. Clearly then, STRs with no limits is analogous to a hotel as well. Unlike bed and breakfast inns, however, there is no limit on the number of guest rooms or the number of guests that are allowed to stay in a STR. A place where "meals are provided" under the definition of B&B inn also implies that a level of supervision is required when operating a bed and breakfast inn. In this decision, the Board approved the B&B Inn, limiting the number guests, and requiring that the site be staffed by at least one person at all times while the B&B is open. Guests at this B&B approved near Smith Rock State Parks are also required to sign a document that outlines the rules and to attest to abide to them (Source: 247-17-000879-A, Mazamas Foundation). We understand that this issue could be addressed outside the land use arena by formation of a home owners association (HOA). However, in DRW in particular, the neighborhoods are so diverse in housing types and values, and parcel sizes, that formation of an HOA, to resolve this single issue, does not appear feasible or likely to occur anytime soon. Preliminary LCDC_Goal Findin sin Su ort of Code Amendment: Goal 1: There will be some property owners supportive of STRs that will take issue with having to now be subject to review standards. Others will be supportive of the changes as negative impacts from establishing STRs is not an isolated issue. The county's public review process for legislative code amendments, along with citizens access to the Planning Commission, provides the legal forum to discuss that matter and to satisfy the Goal to provide for citizen involvement. Goal 2: There is a zoning inequity occurring in the county's RR-10 zone - in how siting a B&B Inn requires a CUP subject to standards when a STR can be established outright, go unregulated, and have a greater negative impact to the neighborhood than an approved B&B inn would. This creates conflict between neighbors and those renting STRs, it is a zoning loop -hole, and is an inconsistency in the land use standards. Goal 2 calls for a land use solution. Goals 3, 4 and 5: Only a change in the RR-10 zone is being suggested, and thus Goals 3 (agricultural land) and 4 (forest land) do not apply. With this increase in STRs, certain Goal 5 resources are getting increase usage or conflicting use that was not contemplated in the original comprehensive plan ESEE. Scenic values, wildlife habitat, and water resources are being compromised in areas of heavy use by visitor renting STRs. One example is in the LM Zone located along the rime rock located along River Bend Drive. Documentation of these concerns is available upon request. Goal 6: It's most likely that existing on -site septic systems installed at these homes are dated and or will fail given the high use by STRs. New home developments would not be required to install a system designed for this use. Goal 6 would benefit from these new standards. Goals 7, 8,11,13 and 14 do not apply. Goal 9: Those interested in using a residence for commercial purposes by providing for STRs may be impacted by these regulations to some degree. The intent is not to prohibit STRs but to apply reasonable standards to minimize impacts to surrounding uses, which would help reduce neighborhood complaints and thus help assure the longevity of the STR. Goal 9 would not be impacted by these regulations. Goal 10 does not apply as the use of STRs in the RR-10 zone does not provide for any particular housing need or type identified by the Goal. I appreciate the time and consideration of this important matter. I am available to discuss these issues further. --Sincerely,/I '\ f ) Douglas`White Nick Lelack From: gary grund <gagrund@gmail.com> Sent: Wednesday, June 3, 2020 11:19 AM To: Zachariah.heck@deschutes.org Cc: Patricia Kliewer, Peter Gutowsky; Nick Lelack Subject: letter to county commissioners on historical preservation Follow Up Flag: Follow up Flag Status: Flagged [EXTERNAL EMAIL] Dear County Commissioners, My name is Gary Grand my wife Suzanne and I have lived in Bend for the last 41 years. We have seen a lot of changes in Bend in those years. We came to Bend in 1979 to start a preschool and kindergarten which we did on 27th street called Bright Beginnings and we ran the school for many years. We sold the school in 1994 and Suzanne went to work for the Bend Lapine school district as a Special Education Teacher. We bought a ranch east of town and started farming alfalfa and have since changed to many types of fruit trees. I started doing custom wood working for a living. My love of historical preservation started with a job for H and W doors that was for the City of Bend. They moved the train depot to the old mill district but vandals destroyed many of the doors and windows. Guy Hamby that owned H and W doors hired me to build exact replacement doors and windows as he did not have anyone at his shop who could recreate them. It was a joy to see that building come back to life. From that time on I have been hired to do work on many historical sites. The jobs that were more common for me over the years were custom entry doors, wine cellar doors, library doors etc. These contracts were necessary to create a steady income but the jobs that I learned to respect were the historic ones. I am passionate about bringing the old back to life and being a part of preserving the past for future generations to see and experience. I have been around historic preservation enough to know that it almost always costs more money to preserve the old than to destroy it and build something new. A person or developer has to have a passion for saving the old because it usually doesn't pencil. It's probably why we no longer have the beautiful historic Pilot Butte Inn or the historic Crane Shed. The developers focus was not on what could be done to preserve Bend's history and still make a profit. My plea to you is not to make it easier for developers to demolish our history but make it harder. There will always be land for new development but once you get rid of a historical landmark it is gone forever whether it is a home, a church, a commercial building or a canal. I even saw in Folsom California where the tailings from dredging were on the registry. I thought that it showed foresight that the city planners thought that it was important and significant to save tailings next to the gigantic dredger to complete the story. This is in the middle of town where land is scarce and very expensive, but they saw the wisdom in saving it. On our way home from a recent visit to several of our National Parks we had the opportunity to stop and see the Davenport Hotel in Spokane, Washington. Words cannot express what it felt like to step back in history and experience the beauty and wonder of an era gone by. I can't imagine it was easy to preserve or restore that incredible landmark but there is no way that pictures could have given us the feeling we experience walking through that artistic masterpiece. I hope it will be preserved forever You have the opportunity to strengthen our protection of Bend and Deschutes County's history. It will not help to some day look back and say maybe we should have saved that landmark. We don't want the only opportunity to witness history in pictures, artifacts and exhibits at the Deschutes County Historical Society or the High Desert Museum. Let's make sure our kids and grandkids can see these places first hand and talk about what they meant to them and this community. Thank you, Gary Grund • MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Nick Lelack, AICP, Director DATE: May 20, 2020 SUBJECT: CDD Draft Work Plan for Fiscal Year (FY) 2020-21 / Work Session The Board of County Commissioners (Board) will hold a public hearing on the Community Development Department's (CDD) Annual Report and Work Plan on Wednesday, June 10. The purpose of this work session is to prepare the Board for that hearing. Nick Lelack, CDD Director, will attend the work session and provide an overview of the document. Other CDD management team members will be available remotely using Zoom to answer questions. 1. BACKGROUND Each spring, the Community Development Department (CDD) prepares an annual work plan describing proposed projects for the coming fiscal year. A review of the draft work plan provides the Planning Commission, Historic Landmarks Commission, customers and partner agencies, residents, and the Board the opportunity to provide input, including additions, modifications and possible re -prioritization. The work plan describes the most important objectives and proposed projects in each CDD division based on: 1. Board annual goals and policies; 2. Carry-over projects from current or prior years; 3. Changes in state law; 4. Grants/funding sources; and 5. Public comments. It also serves as the context within which new projects that arise during the course of the year are prioritized and undertaken. II. DRAFT FY 2020-21 WORK PLAN CDD drafted the Work Plan in preparation for the Planning Commission's review beginning in late March. However, when the COVID-19 pandemic struck in the middle of the month and Planning Commission meetings were suspended until April 23, CDD revised the draft Work Plan to prepare for and respond to COVID-19 impacts. Specifically, the draft Work Plan addresses fiscal issues, operational challenges, and modifying procedures as necessary during and temporarily following the pandemic. Fiscal Issues: • Establishing a financial contingency plan detailing CDD's course of action as it relates to reserve fund reduction and resource allocation decision -making strategies in response to unknown economic and development activity conditions. • Ensuring financial stability and ongoing operations while navigating the uncertainty of COVID-19. Operational Challenges: Maintaining high customer service levels with appropriate staffing levels while practicing social distancing, among other safety measures to protect everyone and expanding training for CDD's online services and public meeting technologies. Adjusting CDD's operations based on Oregon's state of emergency declaration and recommended practices, including, but not limited to, ongoing in -person front counter services in Bend and at satellite offices, building and septic inspections, and code enforcement investigations. • Developing and implementing new public hearing and overall citizen engagement strategies for meaningful public involvement in planning projects as social distancing and similar measures will likely be necessary for at least part of the fiscal year. In addition, the Planning Division recommends initiating the Comprehensive Plan Update in FY 2021-22 (late fall 2021) rather than in FY 2020-21 (winter/early spring) due to unknown economic impacts, available financial resources, and public involvement opportunities. III. PLANNING COMMISSION & HISTORIC LANDMARKS COMMISSION (HLC) RECOMMENDATIONS On April 23, 2020 the Planning Commission conducted a work session on the Annual Report and FY 20-21 Work Plan. The Commission will conduct a public hearing on May 14 (after this staff memorandum is/was submitted to the Board for the meeting packet). On May 4, the HLC recommended approval of the draft Work Plan as proposed. IV. PLANNING DIVISION DRAFT FY 2020-21 WORK PLAN The Planning Division draft Work Plan consistently generates public interest. The Planning Commission requested at their work session the following matrix to better understand the County's role and resources required for each project. Table 1 identifies projects proposed in the Planning Division's FY 20-21 Work Plan as well as annual reporting responsibilities, committee participation, and COVID-19 responsibilities.' It also specifies whether Deschutes County is taking a lead or coordinating role. Lastly, Table 1 recognizes staffing resource requirements for each project. They range from "minor" to "significant" as noted below: 1 Annual reporting responsibilities include tracking destination resort overnight lodging requirements, population forecasting by Portland State University, and marijuana inspections. Table 1 does not list ongoing responsibilities involving regional and statewide transportation committees. -2- • A "minor" rating equates to 2 to 6 months to complete and 0.25-0.75 full time equivalent (FTE) of long range planning staff. • A "moderate" rating equates to 4 to 8 months to complete and 0.5 to 1.0 FTE or more. • A "significant" rating spans 6 to 12 months or longer and requires 1.0 to 2.0 FTE with possible consultants. Table 1— FY 2020-21 Proposed Planning Projects Projects Overview County Role & Resources Coordinate with the City of Bend to: o Implement affordable housing pilot project (HB 4079); o Update the UGB to meet the City's 20-year growth projections, and/or establishing a URA to City of Bend protect rural lands for future urbanization and * Coordinating Role Coordination facilitate future UGB expansions; and * Moderate o Update and adopt the Bend Airport Master Plan (RAMP) and amend the County's Comprehensive plan and Development Code to incorporate the updated BAMP and implementation measures to allow new airport -related businesses through a streamlined permitting process. Participate with the City of La Pine process to: o Update and amend the County -owned New Neighborhood comprehensive plan designations, * Coordinating Role City of La Pine master plan and implementing regulation, if Coordination initiated by the city. * Minor to Moderate o Support the Environmental Soils Division to amend DCC 11.12 TDC Program. Coordinate with the City of Redmond to: o Implement affordable housing pilot projects (HB * Coordinating Role City of Redmond 4079); and Coordination o Continue participating in the development of their * Minor to Moderate Comprehensive Plan Update. Continue participating in the implementation of: o Sisters Country Vision Plan, including potentially * Coordinating Role City of Sisters applying for a Transportation and Growth Coordination Management Grant to implement trails strategies; * Minor to Moderate and o City of Sisters Comprehensive Plan update. -3- Projects Overview County Role & Resources Modify procedures as necessary during and * Lead Role COVID-19 temporarily following the COVID-19 pandemic. Minor to Moderate Achieve performance measures to issue land use decisions within 21 days (without prior notice) or 45 days (with prior notice); Conduct pre -application meetings and respond to customer inquiries (counter, phones, emails); Verify compliance with land use rules for building permit applications and septic permits; *Lead Role Current Planning Coordinate with Code Enforcement to respond to * Significant complaints and monitor conditions of approval; Provide comments and expertise on floodplain and wetland issues on land use applications, code enforcement, and general property inquiries; and Facilitate Hearings Officer and Board proceedings involving quasi-judicial matters. Develop a scope, schedule, and budget, and explore hiring a consultant team to initiate a multi -year process to update the Comprehensive Plan; Engage Tumalo, Terrebonne, and/or Newberry Country Deschutes County residents to determine if community plans (chapters of * Lead Role Comprehensive Plan the Comprehensive Plan) meet the current and future 2040 Update needs of each area, and whether there is interest and * Significant readiness for a community plan update as part of the Comprehensive Plan Update process or as stand-alone separate processes; and Initiate the Comprehensive Plan Update by Fall 2021. Destination Resort Review annual reports by Caldera Springs, Eagle Crest, Lead Role Overnight Lodging Pronghorn and Tetherow Destination Resorts Unit Reporting documenting individually -owned units counting toward Minor overnight lodging requirements. -4- Projects Overview County Role & Resources DLCD funded two initiatives: o Natural Hazards. Initiate a community involvement plan to engage the public in a process to understand, evaluate, and provide informed input on the Wildfire Mitigation Advisory Committee's recommendations to update the County's Wildfire Hazard Map; develop land use regulations to mitigate wildfire hazards; and consider adopting the State Building Codes Division's wildfire hazard mitigation * Lead Role DLCD Technical standards in the Oregon Residential Specialty Assistance Grant Code (R327.4) in coordination with the County's * Significant Building Safety Division. o Wildlife Inventories. Evaluate new Goal 5 wildlife habitat inventories from the Oregon Department of Fish and Wildlife with the assistance of a biologist; develop wildlife protection scenarios and options; and engage the public in a community conversation to understand, evaluate, and provide informed input on the inventories and protection scenarios and options. Coordinate and/or participate on Deschutes County Bicycle and Pedestrian Committee (BPAC), Project Growth Wildfire, and Deschutes County Mitigation and * Coordinating & Lead Role Management Enhancement Committee. Involve BPAC in the Committees County's Transportation System (TSP) Plan Update, and * Minor to Moderate Sisters Country Vision Plan implementation of trails strategies. Administer the 2019-2020 CLG Grant from the State Historic Preservation Office. Expires in August 2020; Apply for the 2021-2022 CLG Grant, including Historic coordinating with the Historic Landmarks Commission * Lead Role Preservation and the City of Sisters on priority projects to include in (Certified Local the grant proposal; * Minor to Moderate Government Grant) Develop policy and procedures manual for the Historic Landmarks Commission; and Staff the Historic Landmarks Commission. Develop rural housing strategies for Deschutes County to inform the Comprehensive Plan Update; and *Lead Role Housing Strategies Support the County's transitional housing initiative * Moderate to Significant with the Bend Heroes Foundation, and similar efforts. -5- Projects Overview County Role & Resources Address: o Day care, nurseries, and childcare facilities from a conditional use permit to a use permitted outright (subject to site plan review); o Minor variance 10% lot area rule for farm and forest zoned properties; Legislative o Nonfarm dwelling code to be consistent with * Lead Role Amendments to State law; County Code o Re -platting; * Minor to Moderate o Housekeeping amendments to comply with County Code and State law; o Sign code to become consistent with federal law; and o Outdoor Mass Gatherings to be addressed more thoroughly in County Code. Initiate Comprehensive Plan and/or Zoning Text amendments to comply with and implement new or revised state laws. If rural ADU's are allowed in state * Coordinating & Lead Role Legislative Sessions law, implementation will become a major work plan (2020-2021) project, causing delays in some projects; and * Minor to Significant Participate in legislative or rulemaking work groups to shape state laws to benefit Deschutes County. Conduct inspections during Summer 2020 of entitled * Lead Role Marijuana marijuana production and processing operations to Inspections ensure conditions of approval are being met. * Minor Complete a Comprehensive Plan amendment to correct mapping errors for 6 legacy rural residential developments; and *Lead Role Non -Resource Lands If adopted and acknowledged, initiate legislative * Minor to Moderate amendment for a NPR-10 zone that applies solely to the six areas. Coordinate with Portland State University, Population * Coordinating Role Population Research Center to complete their annual population Forecasting survey. * Minor Prepare a grant application to: Transportation o Update Tumalo Community Plan, which includes a * TBD based on Board Growth component updating the bike/ped portion; and direction Management Grant o Develop a trails plan based on the Sisters Country Vision. -6- Projects Overview County Role & Resources Complete ODOT's Transportation o Highway 20 roundabout / Plan Amendment; and *Coordinating &Lead Role System TSP Plan Y ( ) o U.S. 97 Bend to Redmond Safety Project and Update & South Century to U.S. Forest Service Property; and * Moderate Amendments Coordinate the County Transportation System Plan update with Road Department and ODOT. Attachment Draft CDD FY 2020/2021 Work Plan and 2019 Annual Report -7- I t�. 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L SAL Q c o c y p Vl •A+ a (U t a) t E L L L +- O O v°J O O N C E O 06N c E C c E a c E c C u O i C O- V C a p-0 U a) at10 a) j CLO a) a a f O a I c c o I ? rCa I m m au C r0 i n a) CC: O u C C Q L N V a C ns G. a � _- a) M o a) 4- p u O .N E p 'Y L M Mm L U O "CL O CL �J w E d 3 - > N -p v w iw T c +� 5 .o vi N t S n_ i 'A ui N w V a) l6 L 6 C O •_ U rn O hC-O N vCL -© a L L ME a �O N al 41 .M° 0. In _ NO .6 U +-' O rn aT. -Q, vim- -a L L S o Y Io O ® M _ CL L 6 L W U CL Q m oU a o n a O ui ro U r� N O 4� E L Ti > L � a) L � O V) a+ O a _v a) Q E u U U o U vi aJ C M 0 3 -0 c M M v ro W O W +1 Q. 'n tA o a) v V) bA r a) N L a) N E O N � �G MLL _! o g +O� -0- t � U O U i� afl bA ) 7 C O a Q- c ac) E v � U � � O � � — c N ON O O cr U f6 a) v O > > O o Q_ CL c E E Nick Lelack To: Nick Lelack Subject: FW: Hemp on RR and residential parcels From: Matt Cyrus <matt@aspenlakes.com> Sent: Monday, June 8, 2020 12:00 PM To: Nick Lelack <Nick.Lelack@deschutes.org>; Patti Adair <Patti.Adair@deschutes.org>; 'Yon Olsen' <yon@cascadiacrest.com> Cc: Todd Kloss <Todd.Kloss@deschutes.org>; Matt Cyrus <matt@aspenlakes.com> Subject: RE: Hemp on RR and residential parcels [EXTERNAL EMAIL] Nick, I hereby request that the discussion of limiting hemp production in Rural Residential zones be added to the CDD Work Plan for next year. Sincerely, Matt Cyrus Nick Lelack From: nunzie@pacifier.com Sent: Monday, June 8, 2020 3:01 PM To: Nick Lelack Subject: suggestions on CDD work plan: add natural resource position, define affordable housing [EXTERNAL EMAIL] Hello Nick Couple comments on CDD work plan in these novel times. There are 3 nice color photos to the report but really nothing in the CDD work plan that protects the beauty, natural topography, view sheds, wildlife or natural resources within Deschutes County. I think our County has evolved past just building a built environment. Carrying capacity of recreation is getting maxed out on public lands, so where is the County plan to provide recreation on County lands or to create County parks? As we've seen during COVID-19 and what will be for likely the year ahead messaging is continuing to social distance which means our outdoor environment is in demand and with this comes the need for stewardship. As I've mentioned to you I foot the bill for a trash can at a Conservation Easement that has seen dramatic uptick in use since this pandemic began. Deschutes County has no parks. Deschutes County has no asset management plan and no inventory of what occurs or what use our County lands are put to. Furthermore, Deschutes County has no awareness of how Conservation Easements it holds are being used by the public: whether the ecosystem is holding up or overly used, whether there are noxious weeds or natives. Also, Deschutes County has little time or interest to be sure that conditions of approval on past land uses are actually carried out when it comes to mitigation measures such as in the LM zone or the planting of trees... These all get to the natural environment and relate to the livability / scenery of our rural community. Deschtues County has no active oversight or management of the Conservation Easements that it holds along our scenic Deschutes river. These are examples of CDD work plan that should be started to steward natural resources and livability in our community now. I would suggest that Deschutes County add to it's natural resource department more than just fire / forestry specialty. I think there also needs to be added to this natural resource department a natural resource stewardship position that could inventory assets and uses/trails, wildlife, rare Oregon plants on County owned lands, oversee the Conservation Easements that Deschutes County holds and implement stewardship where public use is deteriorating ecosystems due to lack of there being any natural resource stewardship plan or funding. Furthermore, CDD and our county needs to define 'affordable housing' so that it can measure it's progress in creating this very specific housing stock. Over the last 94 years, since inception, Deschutes County has grown but has not actually gained 'affordable housing' in proportion to its population growth. I think we can do better than one off text amendments for'workforce housing' because everywhere there is need for workforce housing in Deschutes County. If live work play is part of the Mantra in Deschutes County, then let's be sure we keep housing affordable for the workers who keep our tourism and recreation economy humming and affordable not just in price but in distance to their workplace for air quality. Hope this is a brief enough outline to assist in making our community the livable community we want. Before we create non -resource lands, I think we need to create a natural resource position within CDD. And before we just build build build more, let's qualify what affordable housing is by code definition so we can be sure that affordable housing is built proportionally to our population growth. Thanks Nunzie Gould 2 Nick Lelack From: nunzie@pacifier.com Sent: Tuesday, June 9, 2020 8:00 AM To: Nick Lelack Subject: 2 more comments on CDD work plan [EXTERNAL EMAIL] Hello Again Nick: Two more things that are needed in the CDD work plan: 1. The quality of documents uploaded to DIAL is very poor and blurry. Maps uploaded to dial are basically illegible due to poor scanning. When CDD announces links to land use applications to the public, it messages that documents are available on Dial. Yet when the CDD staff reviews documents, it uses the more clearer and in color documents uploaded to Acella. The public should have equal footing to reviewing documents. Where the County sends the public to Dial, the information available on Dial should be timely, and fully legible which it is not. Dial is uploaded often 1 or more days after Acella. The public deserves equal clarity of documents and today Dial does not provide documents in Color or in clarity of type or clarity of scale if zoomed into. We must do better. 2. There is no technology at the County that links meeting video's to agendas. This synchronizing technology is available in City of Bend and has been used well @ COB for many years. Deschutes County needs to update this information especially as more is dependent on livestream videos. Now that meetings are much longer than in the past: BOCC's last meeting exceeded well over 5 hours of video, it would be time saving for CDD to have videos synchronized to their respective agendas. We are after all in the 21st century and these are examples of where technology is more and more relied upon during this pandemic Please request that the work plan you are proposing this Wednesday could add these changes. It's the little things that make a big difference! Thanks for all you do, Nunzie Gould June 9, 2019 TO: Mr. Nick Lelack, Community Development Director FROM: Jack & Janet Godard Sisters, Oregon RE: Community Development Department - Work Plan I FY 2020-21 Deschutes County Board of Commissioners, June 10, 2020 Public Hearing Good afternoon Nick. Thank you for the opportunity to provide our thoughts and input in to your draft of the Community Development Department - Work Plan I FY 2020-21. As you may, or may not recall, it was during this process over a year ago, that we became enlightened to many of the land -use issues that were confronting Deschutes County. With this new found awareness and education, we were encouraged to increased our involvement through multiple community meetings & conversations. We appreciate your patience as we expressed our support, or our concerns, even when we may have seemed critical in so doing. A lot has changed since that April 2019 Sisters Community Presentation. It's now time to proceed with implementing the Work Plan for Fiscal Year 2020-21. As in the past year, we took the opportunity to review the draft work plan, with a focus on the planning & transportation component. Below you will find where we have extracted excerpts from the plan, and followed these with my thoughts on input. Page 14 2020-21 Planning Performance Measures • Complete DLCD Grants with public involvement to develop and consider recommendations to address wildfire hazard mitigation and Goal 5 wildlife habitat inventories to inform the 2021 Comprehensive Plan Update. (BOCC Goal & Objectives SC 3, HP 3, and EV 2) • Complete rural vacant residential lands analysis and develop a County housing strategy to inform the 2021 Comprehensive Plan Update. (BOCC Goal & Objectives HP 3, EV 1 and EV 2) Comment: We are 100% supportive of any and all efforts by the County to gather all facts, "the science", that the County will need to create a state-of-the-art Comprehensive Plan update in 2021. These two measures which focus on wildfire, wildlife habitat & a hopefully "out of the box" housing strategy, would be on the top of my list. Thank you. Page I 1 of 2 Continued... Page 32 2020-21 Work Plan Projects Nonprime Resource Lands Amendments • Complete a plan amendment that corrects mapping errors for 6 legacy rural residential developments; • If adopted and acknowledged, initiate legislative amendment for a NPR-10 zone that applies solely to the six areas. Comment: We believe the County understands our position & opposition to the effort to insert a "Non -Prime Resource" land use designation in to the comprehensive plan. We will not use this opportunity to rehash what has been said before, by ourselves and multiple others. Correct me if we are wrong, but we believe that CDC staff, planning commission, and the BOCC have reconnzed that what s reerred to as "vle ac" UA-vein ments" were inact not "irGppin erro's"=4iiJ Our last comment is supportive of what we believe is a positive direction in the focus of the work plan. In the comparison of the language in the 2019-20 CDC Work Plan, and the current draft of the 2020-21 Work Plan the 1nngungL' related to the NPR efforts have been r e;acused an strictly the NPR -iv "zone", and the project of ,NPR-20 "zone" identified in the 2019-20 Work Plan has been abandon? This is our interpretation of the draft work plan that is now under consideration for adoption by the BOCC. Again, thank you for the opportunity to participate in this process, and we look forward to you and your team's success in achieving this plan and its goals. Page 12 of 2 i� 1 Info coax June 10, 2020 Deschutes County Board of Commissioners 1300 NW Wall Street Bend, OR 97703 Re: CDD Work Plan for Fiscal Year (FY) 2020-21 Dear Chair and Commissioners, On behalf of the Central Oregon Association of REALTORS' (COAR) — representing more than 1,800 real estate professionals in Deschutes County —thank you for the opportunity to comment on the Community Development Department (CDD) Work Plan for Fiscal Year (FY) 2020-21. We are writing to provide feedback on the following projects and objectives for FY 2020-21 and look forward to continuing to engage with the County on these important issues. [Building Safety] Continue participation in the Planning Division led Wildfire Mitigation Advisory Committee process to consider adopting a new Wildfire Hazard Zone map, a local ordinance implementing additional construction standards to reduce hazards presented by wildfire (Oregon Residential Specialty Code R327.4), and/or new defensible space requirements into Deschutes County Code: We commend the County for its proactive approach to wildfire mitigation and appreciate the opportunity to be involved and provide input into the process. Over several months, the Wildfire Mitigation Advisory Committee engaged in thoughtful deliberation in order to deliver recommendations and options to the Board. In evaluating what maps and policies to adopt, we urge the Board to carefully consider the extent to which additional construction standards will reduce the actual risk of wildfire within the rural county and the added cost to a home as a result. We encourage you to pursue a solution that ensures the safety of residents, while minimizing the financial impact/added cost of fire -hardened materials or preventive steps in a housing market that is becoming increasingly unaffordable for those earning at or below the area median income (AMI). [Environmental Soils] Continue coordination with the City of Bend and DEQ regarding the septic -to -sewer program, and the impact on homeowners with onsite wastewater systems -The City of Bend's Citywide Septic -to -Sewer Conversion Program has provided needed flexibility and options to affected homeowners, while remaining compliant with DEQ's rules. We support the County's ongoing efforts to work with the City of Bend around fair solutions that minimize the impact on homeowners. • [Planning] Nonprime Resource Lands Amendments: We continue to support the County's efforts toward establishing a Nonprime Resource Lands program. In an environment in which demand is outstripping supply and significant housing needs exist, it is prudent to re-evaluate agricultural Central Oregon Association of R ALIORS" 1 2112 NL 4"' Strt et Rend OR, 97701 1 Phone: �411.382.6027 Info@Coar and forest lands that are not viable for their designated purpose to determine if they represent opportunities for other uses. We support the County's proposal to re -designate six specific areas committed to residential uses that were platted or conveyed prior to State enabling planning legislation taking effect in Deschutes County. • [Planning] Cities of Bend and Redmond Affordable Housing_ COAR is an advocate for sound policies and incentives to improve the availability of affordable housing in Central Oregon. As such, we supported HB 4079 and HB 2336 and look forward to the housing opportunities these programs will create in Bend and Redmond. • [Pianninel City of Bend UGB and/or Urhan Regerve Area (11RA1r Won hilly ciinnnrt thic %,/nrl, nlnn item. We encourage the County in its role as a partner to support and encourage Bend to expeditiously update its urban growth boundary (UGB) to meet the City's 20-year growth projections, and/or establish a URA to protect rural lands and lay the groundwork for future growth and expansions. • Accessory Dwelling Units (ADU): The County and its staff have been leading in both the development of rural ADU policy and advocating for its passage in the legislature. We urge the County to maintain its commitment to legislation that provides a legal pathway for ADUs outside city limits. We encourage the Board to continue to list rural ADU legislation among its legislative priorities. If enacted, this policy will offer another affordable housing option in the rural county, contributing to supply and adding much -needed diversity to the existing housing stock. Thank you for your service to Deschutes County, as well as your consideration of the local real estate community's input. Should you have any questions, please feel free to contact us at 541-382-6027 or info@coar.com. Sincerely, 2020 President Central Oregon Association of REALTORS° & MLS of Central Oregon Jason Boone Chair, Government Affairs Committee Central Oregon Association of REALTORS® & MLS of Central Oregon cc: Nick Leiack, Director, Deschutes County Community Development Central Oregon A'L ociation of RI A LI ORS" 1 .) 1 11 NE -1 5 reef Bend 0k, 97T01 1 Phon'.: 54 382.6027 Nick Lelack From: Whitney Hale Sent: Wednesday, June 10, 2020 9:40 AM To: Nick Lelack Subject: FW: June 10, 2020 BOCC Meeting, Item 6, Community Development Work Plan FY 2020-21 FYI. From: Mike and Linda Eisele <lameisele@hotmail.com> Sent: Wednesday, June 10, 2020 9:38 AM To: citizeninput <citizeninput@deschutes.org> Subject: June 10, 2020 BOCC Meeting, Item 6, Community Development Work Plan FY 2020-21 [EXTERNAL EMAIL] Please initiate a code amendment to require review and proscribe reasonable use for short term rentals (less than 30 days) in RR10. The growth of tourism in Deschutes County means balancing the rights and needs of permanent residents with short term visitors and property owners. A code amendment can create that balance by addressing many short term rental issues that my family continually experiences in my River Bend Drive neighborhood. 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Local Business OR total Deschutes County $ 100,000.00 $100,000.00 $200,000.00 City of Madras $ 25,000.00 $ 25,000.00 $ 50,000.00 Jefferson County (outside Madras) $ 18,250.00 $ 18,250.00 $ 36,500.00 Warm Springs (WSCAT) $ 15,000.00 $ 15,000.00 $ 30,000.00 Crook County $ 10,000.00 $ 10,000.00 $ 20,000.00 $ - Grand totals Round 1 $ 168,250.00 $168,250.00 $336,500.00 Round 2 - Pendine Local Business OR Total Sisters Country n/a $ 50,000.00 $ 50,000.00 La Pine/Sunriver n/a $ 50,000.00 $ 50,000.00 Redmond and surrounding areas n/a $150,000.00 $150,000.00 Bend and surrounding areas n/a $185,000.00 $185,000.00 Deschutes county subtotal n/a $435,000.00 $435,000.00 Warm Springs n/a $ 20,000.00 $ 20,000.00 Jefferson County n/a $ 15,000.00 $ 15,000.00 Crook County n/a $ 10,000.00 $ 10,000.00 Grand totals Round 2 $480,000.00 $480,000.00 Potential Overall Small Business Grant Program - if Round 2 is Fully Funded Local Business OR Total Deschutes County Overall $ 100,000.00 $535,000.00 $635,000.00 Madras/Jefferson County overall $ 43,250.00 $ 58,250.00 $101,500.00 Warm Springs (WSCAT) $ 15,000.00 $ 35,000.00 $ 50,000.00 Crook County overall $ 10,000.00 $ 20,000.00 $ 30,000.00 Overall Grand Totals $ 168,250.00 $648,250.00 $816,500.00 0-(ES CO �C, Z o� Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 10, 2020 DATE: May 29, 2020 FROM: Kyle Collins, Community Development, 541-383-4427 TITLE OF AGENDA ITEM: PUBLIC HEARING: Text Amendments Related to Changes in the Oregon State Building Code, the Oregon Fire Code, and to Provide Technical Corrections to Local Development Code Language The Deschutes County Board of Commissioners will conduct a public hearing on June 10th, 2020 to consider text amendments incorporating changes to the. Oregon Structural Specialty Code (State Building Code) regarding the authority of the local Building Official and related land use authority from the Deschutes County Planning Division. Additional housekeeping amendments are proposed which address recent changes to the Oregon Fire Code, minor technical corrections to the Deschutes County Code (DCC), and amendments available for local adoption from the State to ensure the overall safety and effectiveness of the community development program. STAFF MEMORANDUM TO: Board of County Commissioners FROM: Kyle Collins, Associate Planner DATE: June 10t", 2020 RE: Public Hearing- Deschutes County Code Text Amendments: Titles 1, 15, and 18 PURPOSE The purpose of these code amendments is to address critical changes made by the State Building Codes Division (State BCD) to Chapter 1- Scope and Administration (Chapter 1) of the commercial building code (Oregon Structural Specialty Code or OSSC) and the residential building code (Oregon Residential Specialty Code or ORSC). Secondarily, additional code amendments are proposed to address recent changes to the Oregon Fire Code which require local action to maintain consistency and modern fire protection standards. Finally, as allowed by the State of Oregon, a number of housekeeping amendments have been proposed to Deschutes County Code Title 1 and Title 15 beyond those items outlined above. These amendments are available for local adoption to ensure the overall safety and effectiveness of the community development program. The Planning Commission conducted a work session on April 23rd, 2020 for review of these amendments prior to the Deschutes Board of County Commissioners ('Board") public hearing. Attached to this memorandum are the initial application materials, the proposed text amendments, the previous version of OSSC- Chapter 1, and the current version of OSSC- Chapter 1. BACKGROUND In standard practice, Buildings Codes are established and promulgated by interdisciplinary organizations such as the International Code Council (ICC) on an evolving basis, as best practices and new approaches are developed over time. These "model codes" are then adopted, often with local amendments, by agencies such as state and regional governments. Finally, local governments are tasked with implementing the adopted state or regional codes, which are often modified by 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Qk (541) 388-6575 @ cdd@deschutes.org ® www,deschutes.org/cd local governments to suit community conditions or goals. In Deschutes County, this local implementation is accomplished in part through Chapter 15 of the Deschutes County Code (DCC). In Oregon, the provisions of Chapter 1 of the Oregon Structural Specialty Code (State Building Code) establish the authority and duties of the building official appointed by the local municipality and also establish the rights and privileges of the design professional, contractor, and property owner. Chapter 1 refers to the first chapter of the State Building Code as adopted and amended by the State of Oregon. The state's most recent amendments to Chapter 1, Section 101 of the Oregon Structural Specialty Code directly affect the administrative authority and duties of the Deschutes County Building Safety Division and represent a substantial departure from the Model Building Code and what was previously adopted in Oregon. However, various Chapter 1 provisions are permitted, as identified, to be modified by the local municipality. In addition to the recent amendments to Chapter 1, Section 101 of the State Building Code, there are a number of amendments available for adoption at the local level which will help improve the safety and effectiveness of Deschutes County's Building Safety and Code Enforcement programs. Specifically, Section 104 of the 2019 Oregon Structural Specialty Code outlines the general duties and powers of the local building official, including Right -of -Entry provisions to address public health and safety concerns. The Deschutes County Code Enforcement Division often works in conjunction with the Building Safety Division and the proposed local amendment would grant Right -of -Entry authority to both the building official and code enforcement officials in cases necessary to remediate code violations or other health and safety concerns. Right -of -Entry provisions have previously been granted through the Oregon State Building Code, and these amendments are intended to reiterate and preserve that previously held authority through local development codes. Additionally, the 2019 Oregon Structural Specialty Code did not adopt Section 112, which relates to Service Utilities, but did allow for adoption by local jurisdictions. No language currently exists in the Deschutes County Code which directly addresses the authority of the building official to disconnect utility service to structures in cases of emergency or immediate hazard to life and property. Furthermore, Section 111 of the 2019 Oregon Structural Specialty Code codifies the authority of the building official to issue certificates of occupancy for buildings and structures. Certificates of occupancy are particularly useful as public safety and code enforcement tools, as often times building occupancy exacerbates other code compliance issues. No specific language currently exists in the Deschutes County Code which links various development code requirements, such as land use and building safety, to the issuance of certificates of occupancy. This lack of clarity hinders the County's ability to utilize certificates of occupancy as an important code enforcement tool and to ensure conformity with all relevant aspects of the County's building and development program. Adoption of the local amendments related to Section 111 of the 2019 Oregon Structural Specialty Code is intended to avoid difficult scenarios wherein the local building official may be required to issue certificates of occupancy for structures which may not adhere to all necessary development code standards, such as planning or land use review. Without these amendments, the Community Development Department may find itself inadvertently issuing certificates of occupancy to structures which may not have necessary land use approvals, which subsequently strains the resources of the Code Enforcement Division when trying to maintain compliance with all relevant development code items. 247-20-000145-TA Page 2 of 5 Finally, amendments have been made to the 2019 edition of the Oregon Fire Code, which directly affect the Deschutes County Code requirements concerning fire safety. To address the circumstances outlined above, a number of local code amendments are currently proposed which fall into the following four categories: 1) Amendments to Chapter 1 of the State Building Code 2) Deschutes County Code Title 18 Amendments Related to State Building Codes 3) Housekeeping Amendments Available for Local Adoption 4) Amendments to the Oregon Fire Code PROPOSAL The proposed text amendments to Deschutes County Code (DCC) Title 1, General Provisions, DCC Title 15, Building and Construction, and DCC Title 18, County Zoning, are detailed in the referenced ordinance attached hereto with additional text identified by underline and deleted text by The following sections provide an overview and analysis of each segment of the proposed text amendments: Amendments to Chapter 1 of the State Building Code: The state's changes to Chapter 1 language narrow the scope of the building code authority regarding technical items and enforcementthat departs from practices in place since building codes were established in 1974. The revisions are driven by the State's desire to have the building code focus specifically and only on buildings under construction, or elements under construction that directly impact buildings. In doing this, the State code changes remove regulation of items like new communications towers, retaining walls, private access bridges, signs, fences, exterior tanks holding fuel, industrial chemicals, protection of adjoining property, etc. The proposed amendments to DCC Title 15 reestablish the technical elements and authority of the local building official to be consistent with model code, previous practice, and other local jurisdictions, providing important consistency, predictability, and efficiency for our customers and the industry as a whole. Several regulatory provisions that were previously addressed in Chapter 1 of the State Building Code will be moved to the Deschutes County Code to maintain authority previously held by the Deschutes County Building Safety Division. Deschutes County Code Title 18 Amendments Related to State Building Codes: The proposed DCC Title 15 (local building code) amendments referenced above require minor changes to DCC Title 18 to maintain consistency across the various regulatory documents which govern the authority of the Deschutes County Community Development Department. Specifically, the authority of local jurisdictions to regulate fences, which were removed under the state changes to Chapter 1 language, will be reestablished in DCC Title 15, and require additional amendments in 247-20-000145-TA Page 3 of 5 DCC Title 18 to provide complementary planning and land use authority. Rather than reference the unsubstantiated authority of Chapter 1 in the State Building Code, the proposed DCC Title 18 changes will directly reference the authority to regulate fences highlighted under the proposed DCC Title 15 amendments. Housekeeping Amendments Available for Local Adoption: Within parameters allowed by the State, a number of housekeeping amendments have been proposed to DCC Title 1 (general code provisions) and Title 15 beyond those items outlined above. These amendments are available for local adoption to ensure the overall safety and effectiveness of the community development program. The following changes and additions to the DCC have been proposed which have a direct bearing of the daily duties of the Deschutes County Community Development Department: - Right of Entry Provisions - Development Code Compliance for Certificates of Occupancy - Service Utility Provisions - Scrivener's Error Corrections Related to Residential Building Permit Requirements - Certificates of Occupancy for Residential, Commercial, and Industrial Structures Specifically, changes to DCC Title 1 will include a provision allowing the building official to regulate service utility connections to buildings, structures, and systems within the County. These amendments also provide the building official local authority to authorize disconnection of utility service to a structure in cases of emergencywhere it is necessary to eliminate an immediate hazard, or the initial utility connection was made without approval from the building official. The proposed amendments also add local code language which provide right -of -entry authority for both code enforcement officials and the building official, while also clarifying authority for building code enforcement related to code violations. Finally, the current language of the Deschutes County Code governing the issuance of certificates of occupancy for all structures does not include language which specifically addresses all requirements of the State of Oregon Building Code or other applicable County requirements. The current, long-standing process for certificate of occupancy issuance is tied to a variety of reviews, including: - Zoning, Land Use, and the Development Code; - Infrastructure and Right -of -Way standards governing site development and site access; - Adequate connection to sanitary systems; - Health Department permitting and inspections; and - Payment of System Development Charge (SDC) fees The current language in DCC Title 15 provides the building official regulatory authority to deny occupancy of residential, industrial, or commercial structures until such time as a certificate of occupancy has been issued. To provide consistency with previous practice, the proposed DCC Title 15 amendments will now clarify that issuance of certificates of occupancy will be based on the 247-20-000145-TA Page 4 of 5 requirements of the State of Oregon Building Code and any other applicable County requirements. Without these proposed amendments, situations could arise forcing staff to issue permits in violation of other important land use, zoning, access, roadway accessibility, and health/safety provisions. This could result in having to put properties that do not meet these other ordinances immediately into code enforcement action, rather than working with customers so they can to come into compliance during permitting and plan review. This forced path to code enforcement would increase costs, increase staff time and provide poor consultation and service to our customers. The issuance of certificates of occupancy is an important code enforcement tool, as often times occupancy exacerbates other code compliance issues. Without these amendments, properties could be placed in an expensive or dangerous position of having permits or certificates of occupancy issued when important land use, zoning, and other safety provisions are not included or provided in the project scope. Amendments to the Oregon Fire Code: In October 2019, changes were made to the currently adopted edition of the Oregon Fire Code, which have bearing on the duties of the Deschutes County Building Safety Division. To keep the fire safety elements of the building codes program as up-to-date as possible, these changes must be adopted at the local level to reflect relevant changes to the Oregon Fire Code as amended by the Oregon State Fire Marshall. RECOMMENDATIONS Staff recommends that the Board of County Commissioners open the Public Hearing, listen to public testimony, discuss, and approve the text amendments. Attachments: - Draft Ordinance 2020-012 - Staff Findings - Proposed Text Amendments - Application Materials - Previous Chapter 1 Edition, Oregon State Building Code - Current Chapter 1 Edition, Oregon State Building Code 247-20-000145-TA Page 5 of 5 FRUMI PR FILE NUMBER: 247-20-000145-TA APPLICANT: Deschutes County Community Development 117 NW Lafayette Avenue Bend, Oregon 97703 PROPERTY: N/A OWNER: REQUEST: Text Amendments to the Deschutes County Code to incorporate changes to Chapter 1 of the Oregon State Structural Code (State Building Code), changes to the Oregon Fire Code, and housekeeping amendments available for local adoption to ensure the overall safety and effectiveness of the community development program. STAFF CONTACT: Kyle Collins, Associate Planner 1. BACKGROUND The purpose of these code amendments is to address critical changes made by the State Building Codes Division (State BCD) to Chapter 1- Scope and Administration (Chapter 1) of the commercial building code (Oregon Structural Specialty Code or OSSC) and the residential building code (Oregon Residential Specialty Code or ORSC). Secondarily, additional code amendments are proposed to address recent changes to the Oregon Fire Code which require local action to maintain consistency and modern fire protection standards. Finally, as allowed by the State of Oregon, a number of housekeeping amendments have been proposed to Deschutes County Code Title 1 and Title 15 beyond those items outlined above. These amendments are available for local adoption to ensure the overall safety and effectiveness of the community development program. The Planning Commission conducted a work session on April 23rd, 2020 for review of these amendments prior to the Deschutes Board of County Commissioners ('Board") public hearing. II. PROPOSED AMENDMENTS The proposed amendments are described and detailed in Ordinance 2020-012, attached hereto. Added language is underlined and deleted shown as strikethrewgl . The amendments are necessary to clarify existing standards and procedures, incorporate changes to the Oregon State Structural Code (State Building Code), incorporate changes to the Oregon Fire Code, incorporate amendments available for local adoption by the State, and correct scrivener's errors. The following section summarizes the proposed amendments: DCC CHAPTER 1.15, UTILITY CONNECTIONS o DCC 1.15.205 -Proposing to allow the local building official the authority to regulate utility connections for structures regulated by Deschutes. County Code Title 15 (Deschutes County Building Code). DCC CHAPTER 1.16, CODE VIOLATIONS AND ENFORCEMENT o DCC 1.16.034 - Where it is necessary to make an inspection to enforce the provisions of the Deschutes County Code, or where the code enforcement officials or the building official has reasonable cause to believe that there exists in a structure, upon a premises, or on a property a condition which is contrary to or in violation of the Deschutes County Code which makes the structure, premises, or property unsafe, dangerous, or hazardous, the code enforcement official or the building official is authorized to enter the structure, premises, or property at reasonable times to inspect or to perform the duties imposed by the Deschutes County Code, provided that if such structure, premises, or property be occupied that credential be presented to the occupant and entry requested. DCC CHAPTER 15.04, CODE VIOLATIONS AND ENFORCEMENT o DCC 15.04.015 - Grants the local building official authority to regulate abatement of nuisances and dangerous buildings, demolition, fences, cellular phone, radio, television and other telecommunication and broadcast towers that are not attached to or supported by a regulated building, signs not attached to or supported by a regulated building, transitional housing accommodations, administration and implementation of a National Flood Insurance Program (NFIP), and other structures not regulated by the state building code consistent with the scope of ORS 455.020. Authority to regulate these structures was previous codified in Chapter 1 of the Oregon State Structural Code (State Building Code), but now requires local amendments, as allowed by the state, to maintain previously held duties by the building official. o DCC 15.04.025 - Designates that in the areas under the jurisdiction of the County, all fences shall comply with the requirements of the current edition of the International Building Code published by the International Code Council. Previous fencing requirements were codified in the State Building Code, but now require local amendments, as allowed by the state, to maintain previously held duties by the building official. EXHIBIT E TO ORDINANCE NO. 2020-012 Page 2 of 5 o DCC 15.04.080 - Adopts recent changes to the Oregon Fire Code and removes the specific Oregon Fire Code yearly reference in the Deschutes County Code to avoid the need for future text amendments when new editions of the Oregon Fire Code are adopted. o DCC 15.04.130 - Removes a scrivener's error to more accurately describe the requirements for issuing building permits to residential, commercial or industrial structures. o DCC 15.04.140 - Clarifies the requirements for issuing certificates of occupancy for any new industrial or commercial structures to include the requirements of the State of Oregon Building Code as well as other applicable County requirements. o DCC 15.04.145 - Clarifies the requirements for issuing certificates of occupancy for any new residential structures to include the requirements of the State of Oregon Building Code as well as other applicable County requirements. • DCC CHAPTER 18.116, SUPPLEMENTARY PROVISIONS o DCC 18.116.120(C) - Removes an internal code reference which is rendered non- functional by code amendments proposed in DCC Title 15. Rather than reference the fencing requirements in the State Building Code, the proposed changes will reference the fencing requirements codified in the local building code (DCC Title 15). III. BASIC FINDINGS The Planning Division determined changes were necessary to clarify existing standards and procedures, incorporate changes to the Oregon State Structural Code (State Building Code), incorporate changes to the Oregon Fire Code, incorporate amendments available for local adoption by the State, and correct scrivener's errors found in various sections of DCC. Staff initiated the proposed changes and notes that notification of the Oregon Department of Land Conservation and Development is not required for amendments to local building codes. As demonstrated in the summary above, the amendments remain consistent with Deschutes County Code, Deschutes County Comprehensive Plan, and the Statewide Planning Goals. IV. CONCLUSIONARY FINDINGS A. CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. Hearing Required EXHIBIT E TO ORDINANCE NO. 2020-012 Page 3 of 5 FINDING: The Board of County Commissioners (Board) will hold a hearing on June 101", 2020. This criterion is met. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion is met as notice was published in the Bend Bulletin newspaper on May 30, 2020. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: This criterion is met as notice was posted on the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend, as well as on the Planning Division website. C. Individual notice. Individual notice to property owners, as defined in DCC 22.0&010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: The proposed amendments are legislative and do not apply to any specific property. Therefore, individual notice is not required. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion has been met. Section 22 12 030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the local Building Official, and has received a fee waiver. This criterion has been met. Section 22 12.040. Hearings Body EXHIBIT E TO ORDINANCE NO. 2020-012 Page 4 of 5 A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. Z The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: This criterion is met as the Planning Commission held a work session on April 23rd, 2020. The Board will hold a public hearing on June 101", 2020. These criteria will be met. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included in file no. 247-20-000145-TA will be implemented by an ordinance upon approval and adoption by the Board. This criterion will be met. V. CONCLUSION Based on the information provided herein, staff recommends the Board to approve the amendments that make minor changes necessary to clarify existing standards and procedures, incorporate changes to the Oregon State Structural Code (State Building Code), incorporate changes to the Oregon Fire Code, incorporate amendments available for local adoption by the State, and correct scrivener's errors found in various sections of DCC. EXHIBIT E TO ORDINANCE NO. 2020-012 Page 5 of 5 Chapter 1.15. UTILITY CONNECTIONS 1.15.205. Service Utility. 1.15.205. Service Utility. A A person shall not make connections from a utility, source of energy, fuel or power to any building structure or system that is regulated by DCC 15.04 for which a permit is required, until released by the building official. B. The building official may authorize the temporary connection of the building structure or system to the utility, source of energy, fuel or power. C. The building official may authorize disconnection of utility service to the building structure or system that is regulated by DCC 15.04 in case of emergency where necessary to eliminate an immediate hazard to life or proyerty or where such utility connection has been made without the approval required by Sections A and B above The building official shall notify the serving utility, and whenever possible the owner and occupant of the building structure or system of the decision to disconnect prior to taking such action If not notified prior to disconnecting the owner or occupant of the building structure, or system shall be notified in writing as soon as practical thereafter. EXHIBIT A TO ORDINANCE NO.2020-012 Chapter 1.16. CODE VIOLATIONS AND ENFORCEMENT 1.16.010. Violations Deemed Class A or B Classification -Penalties. 1.16.020. Continuing Violations. 1.16.030. Violation Procedures -Statutory Provisions Adopted. 1.16.032. Base Fine Amounts and Violation Classification for Water Supply, On -Site Sewage, Building Code, Subdivision Regulations and Land Use Regulation Violations. 1.16.034. Right of Entry. 1.16.035. Search Warrants -Statutory Provisions Adopted. 1.16.040. Other Remedies Not Precluded —Injunctive Relief/Abatement. 1.16.045. Private Right of Action. 1.16.050. Stop Work or Use Tag Violations. 1.16.060. Continuation of Certain Liabilities. 1.16.070. Code Enforcement Officials -Designation by County Administrator. 1.16.080. Code Enforcement Officials- Appointment Status. 1.16.090. Penalty for False Information on Noise or Animal Control Violation. 1.16.010. Violations Deemed Class A or B Classification -Penalties. A. Violation of a county ordinance shall be punishable, upon conviction, by fine or by the specific remedies specified within the County Code. B. Each county ordinance specifying a county offense shall classify the ordinance violation as a Class A or Class B violation. C. A sentence to pay a fine for a violation of a county ordinance shall be a sentence to pay an amount not exceeding the Maximum Fines provided in ORS 153.018. D. Notwithstanding this section and DCC 1.16.030, for violations of Chapters 13.04, 13.08, 13.36, 15.04 and 15.10 and Titles 17 18 and 19, the Presumptive and Minimum fine amount shall be the Maximum Fine amount described in DCC 1.16.010(C). E. For violations of County Code provisions not listed in DCC 1.16.010(D), the Presumptive and Minimum Fine amounts shall be as provided in ORS Chapter 153. F. A land use application for a property with an existing code violation will be accepted, but not processed by the County based on DCC 22.20.015. G. Notwithstanding DCC 1.16.010(D), the court or the hearings officer may impose a fine lower than the fine provided in those two sections, upon a finding of mitigating factors including, but not limited to, indigence of the defendant, severity of the violation, number of times the defendant has been previously cited for Deschutes County Code violations; length of time the violation has existed; and reason(s) the violation has not been cured. (Ord. 2015-020, § 1, 2015; Ord. 2014-003, § 1, 2014; Ord. 2013-015, § 1, 2013; Ord. 2008-026, § 1, 2008; Ord. 2003-021 §3, 2003; Ord. 2002-016 §9, 2002; 86-076 §1, 1986) 1.16.015. Strict Liability A. All of the offenses in the Deschutes County Code are strict liability offenses and do not require the proof of any culpable mental state unless the code provision defining the offense expressly provides that culpability is required. B. It is no defense to prosecution under any provision in this code that the actor was not the person who actually created, moved, caused, or maintained the unlawful condition or use. C. A person is liable for prosecution under any provision of this code: 1. If the person created, moved, caused, or maintained an unlawful condition or use; EXHIBIT B TO ORDINANCE NO.2020-012 2. If the person aided or abetted another person in creating, moving, causing, or maintaining an unlawful condition or use; 3. If the person is in actual or constructive possession of premises on which an unlawful condition or use or is found; or 4. If the person has any interest, other than a security interest, in premises on which an unlawful condition or use is found. (Ord. 2008-026, §1, 2008) 1.16.020. Continuing Violations. A. When a violation is of a continuing nature, a separately punishable violation occurs on each calendar day the violation continues. B. The complaint for a continuing violation will clearly state the following: 1. The ongoing or uninterrupted nature of the violation; 2. The date the violation is alleged to have first occurred; 3. The dates or range of dates of each day of the continuing or uninterrupted violation; and 4. The amount of the fine for each day's violation. (Ord. 2008-026, §1, 2008; Ord. 2003-021 §4, 2003; Ord. 2002-016 §9, 2002; 86-076 §2, 1986) 1.16.030. Violation procedures -Statutory provisions adopted. A. The violation procedures as set forth in ORS 153.030 to 153,145 and 153.990 shall be the procedures for county ordinance violations, and are adopted hereby by reference. B. Peace officers may enforce the provisions of Chapter 6.08, Animal Control, when the peace officer has reasonable grounds to believe that the conduct constitutes a violation of that chapter. (Ord. 2009-005 §1, 2009; Ord. 2008-026, §1, 2008; Ord. 2003-021 §5, 2003; Ord. 2002-032 §1, 2002; 2002- 016 §9, 2002; 86 076 §3, 1986) 1.16.032. Violation Classification for Water Supply, On -Site Sewage, Building Code, Subdivision Regulations and Land Use Regulation Violations. A. Violations of Chapters 13.04, 13.08, 13.36, 15.04 and 15.10 and Titles 17 and 18 constitute Class A violations. (Ord. 2013-015, §1, 2013; Ord. 2002-032 §1, 2002) 1.16.034. Right of Entry. Where it is necessary to make an infection to enforce the provisions of the Deschutes County Code, or where the code enforcement officials or the building official has reasonable cause to believe that there exists in a structure upon a premises or on a property a condition which is contrary to or in violation of the Deschutes County Code which snakes the structure,premises or property unsafe dangerous or hazardous the code enforcement official or the building official is authorized to enter the structure, premises, or property at reasonable tunes to inspect or to perform the duties imposed by the Deschutes County Code provided that if such structure premises or property be occupied that credential be presented to the occupant and entry requested If such structure, premises or property is unoccupied the code enforcement official or the building official shall first snake a reasonable effort to locate the owner or other persons having charge or control of the structure premises or property and request entry. If entry is refused the code enforcement official or the building official shall have recourse to the remedies provided by law to secure entry. 1.16.035. Search warrants -Statutory Provisions Adopted. EXHIBIT B TO ORDINANCE NO.2020-012 A. The definition of "offense" as set forth in ORS 161.505 is adopted: B. An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law or ordinance of a political subdivision of this state. An offense is a crime or a violation. C. ORS 133.535 (3), which allows for property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense to be the subject of search and seizure is adopted hereby by reference. D. The procedure established for obtaining search warrants as set forth in ORS 133.545 through 133.703 is adopted hereby by reference. (Ord. 2003-021 §6, 2003; Ord. 96-025 §1, 1996) 1.16.040. Other Remedies Not Precluded —Injunctive Relief/Abatement. A. The procedure established by DCC 1.16.010 through DCC 1.16.060 shall be the exclusive procedure for imposing a fine; provided, however, such sections shall not prohibit, in any manner, alternative remedies, including but not limited to injunction, nor shall the County be prohibited from recovering any expense incurred in any injunction action. B. In addition to a fine, any citation for a violation of a county ordinance may include a request for injunctive relief and/or abatement of the violation. C. The county's representative may also request injunctive relief and/or abatement at the time of arraignment or trial. D. Upon entering judgment against a person for violating a county ordinance, the court may, in addition any other penalty imposed by law, enter orders for injunctive relief and/or abatement, requiring the person to cease and desist and to correct the violation(s). (Ord. 2013-015, §1, 2013; Ord. 86-076 §4, 1986) 1.16.045. Private Right of Action. A. Any person, whether acting as principal, agent or employee, whose interest is or may be affected by any violation of a Deschutes County ordinance may, in addition to the other remedies provided by law, file an violation complaint in the following manner: 1. The private citizen shall prepare and present the violation complaint to the appropriate enforcement officer. 2. If the enforcement officer fails to act upon the violation complaint within 30 days, the citizen may submit the violation complaint to Deschutes County Legal Counsel (legal counsel). 3. Legal counsel shall investigate the alleged violation of a county ordinance and, after consultation with the appropriate department head, shall either a. have the violation complaint served and prosecute, or b. decline to have the violation complaint served or to prosecute. 4. Legal counsel shall notify the private citizen of said action within ten days from the date the violation complaint is presented to legal counsel. 5. The private citizen, following notice by legal counsel of legal counsel's decision not to prosecute, may, within 60 days of such notice, bring an action under the authority granted by DCC 1.16.045, in the citizen's name against the alleged violator in the same manner and form as provided by a civil violation complaint. 6. Should the private citizen prevail against the violator, any fine imposed and special costs shall be awarded to the plaintiff private citizen. B. A decision by legal counsel not to prosecute a zoning ordinance violation shall not be deemed to constitute a land use decision. (Ord. 2002-016 §9, 2002; 97-058 §1, 1997) EXHIBIT B TO ORDINANCE NO.2020-012 1.16.050. Stop Work or Use Tag Violations. After a stop work or use tag is posted, any person continuing work or use commits a separate violation. Violation of a stop work or use notice constitutes a Class A violation. (Ord. 2002-016 §9, 2002; 86-076 §5, 1986) 1.16.060. Continuation of Certain Liabilities. A. The repeal of Ordinances 82-012 and 86-027 by the ordinance codified in DCC 1.16.010 through 1.16.060 shall not extinguish any penalty, forfeiture or judgment imposed or liability incurred under Ordinance 82-012, as amended by Ordinance 86-027. B. Ordinances 82-012 and 86-027 shall remain in full force and effect for the purpose of enforcement of any penalty, forfeiture or judgment imposed thereunder or liability incurred thereunder. (Ord. 86-076 §6, 1986) 1.16.070. Code Enforcement Officials- Designation by County Administrator. A. The County Administrator shall designate individuals, in addition to peace officers, who are employees or agents of the county, to enforce violations of county ordinances. B. Private individuals who commence actions under subsection C of this section are not agents or employees of the county. C. A private person may commence an action for a noise offense under DCC 8.08, or an animal control violation under DCC 6.08 by signing the complaint before a magistrate, clerk or deputy clerk of the court or sheriff s deputy. D. The action commenced by a private person shall be entered in the court record. E. If an ORS 153.045 uniform violation citation form is not used, then a complaint under DCC 1.16.070(B) shall contain a statement that the complainant shall certify, under the penalties provided in DCC 1.16.090, that the complainant has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. F. A certificate conforming to DCC 1.16.090 shall be deemed equivalent to a sworn complaint. G. When the complaint is certified by a private person, the court shall cause the summons to be delivered to the defendant. The court may require the County Sheriffs Office to serve the summons as provided in ORS 153.535(1). (Ord. 2011-023 §1, 2011; Ord. 2008-026, §1, 2008, Ord. 2007-028 §1, 2007; Ord.2002-016 §9, 2002; 98-010 § 1, 1998; Ord. 87-005 § 1, 1987) 1.16.080. Code Enforcement Officials- Appointment Status. The appointment of a county officer to enforce violations of county ordinances shall be continuous until such appointment is revoked by the County Administrator or where such officers are employees, upon separation from employment. (Ord. 2011-023 §1, 2011; Ord. 2002-016 §9, 2002; 87-005 §2, 1987) 1.16.090. Penalty for False Information on Noise or Animal Control Violation. Any person who, in connection with the issuance of a complaint for a noise or animal control violation as defined in DCC 8.08 or DCC 6.08 respectively, knowingly certifies falsely in the matters set forth therein, commits a Class A violation. (Ord. 2002-016 §9, 2002; 98-010 §2, 1998) EXHIBIT B TO ORDINANCE NO.2020-012 Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS 15.04.010. Specialty Codes and Building Requirements Adopted -Enforcement. 15.04.015. Additional Local Authority. 15.04.020. Repealed. 15.04.025. Fences. 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 Code -Adopted. 15.04.080. Fire Code -Adopted. 15.04.085. Wildfire Hazard Zones. 15.04.090. Definitions. 15.04.100. Mobile Homes -Placement Permit -Inspection. 15.04.110. Expedited Construction Start. 15.04.120. Mobile Homes -State Certification Required. 15.04.130. Building Permit Issuance -Zoning Conformance -Planning Department Approval. 15.04.140. Industrial/Commercial Structure -Occupancy Certificate Required. 15.04.145. Residential Structure- Occupancy Certificate Required. 15.04.150. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision Conformance. 15.04.160. Permit Fees -Adjustments. 15.04.170. Numbers for Addresses- Placement. 15.04.180. Administration -Enforcement. 15.04.190. Conditions Deemed a Public Nuisance. 15.04.200. Violation -Penalty. 15.04.210. Requirement for Water Service From Water Districts. 15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations. 15.04.010. Specialty Codes and Building Requirements Adopted -Enforcement. In the areas under the jurisdiction 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: A. The specialty codes under ORS 447 (Plumbing; Access by Disabled Persons), 455 (Building Code) and ORS 479.510 to 479.945 (Electrical Safety Law). B. Mobile or manufactured dwelling parks requirements adopted under ORS 446.062. C. Temporary parks requirements adopted under ORS 446.105. D. Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230. E. Park and camp requirements adopted under ORS 455.680. (Ord. 2011-022, §2, 2011; Ord. 96-055 §2, 1996) 15.04.015. Additional Local Authority. In the areas under the jurisdiction of the County, the County may administer and regulate the following in EXHIBIT C TO ORDINANCE NO.2020-012 accordance with ORS 455.020(4): A Abatement of nuisances and dangerous buildings. B. Demolition. C. Fences. D. Cellular phone radio television and other telecommunication and broadcast towers that are not attached to or supported by a regulated building. E. Signs not attached to or supported by a regulated building. F. Transitional housing accoimnodations. G. Administration and implementation of a National Flood Insurance Program (NFIP). H. Other structures not regulated by the state building code consistent with the scope of ORS 455.020 15.04.020. (Repealed by Ord. 96-055 1996) 15.04.025. Fences. In the areas under the jurisdiction of the County: A All fences shall comply with the requirements of the current edition of the International Building Code published by the International Code Council. 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 1991) 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, 1997 Edition, hereinafter referred to as "building abatement code," is adopted in its entirety as the building abatement code for the areas under the jurisdiction of the County for regulating and controlling the repair, vacation, demolition and abatement of dangerous buildings in the areas under the jurisdiction 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 DCC 15.04 as though fully set out in DCC 15.04. 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 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 involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, EXHIBIT C TO ORDINANCE NO.2020-012 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 ten 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 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. 2011-022, §2, 2011; Ord. 95-005 §1, 1995; Ord. 88-027 §1, 1988; Ord. 83-056 §5, 1983) 15.04.080. Fire Code -Adopted. The currently adopted T'��0edition of the International Fire Code, as published by the International Code Council and as amended by the Office of State Fire Marshal, p�hie ' file with the County G ='-- u cv crjzs-virrric vv iac cccc � hereinafter referred to as "fire code," is adopted in its entirety as the fire code of the County and incorporated by reference herein. (Ord. 2011-022, §2, 2011; 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) 15.04.085. Wildfire Hazard Zones. A. Wildfire Hazard Zones are those depicted on the Deschutes County Wildfire Hazard Areas map on file with the County Clerk. B. Adoption of the Wildfire Hazard Areas map implements the provisions of the Wildfire Hazard Mitigation Section of the Oregon Residential Specialty Code enforced pursuant to DCC 15.04.010(A). EXHIBIT C TO ORDINANCE NO.2020-012 (Ord. 2011-022, §2, 2011; Ord. 2001-024 §1, 2001) 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 15.04.090. "Appointing authority" means the Board of County Commissioners. "Building Department" means the office of the County Building Official or his designee. "Building official" means the person designated by the Board as the Building Administrator. "County" means Deschutes County, a political subdivision of the State of Oregon. "Fire chief' means the applicable chief of any rural fire protection district or the chief of any fire department of a special district. "Mobile home" has the meaning provided in DCC Title 18. "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. 2011-022, §2, 2011; Ord. 95-063 §1, 1995; Ord. 83-056 §12, 1983) 15.04.100. Mobile Homes -Placement Permit- Inspection. No mobile home shall be occupied within the areas under the jurisdiction of the County without first obtaining a placement permit and satisfactory inspection of placement on the site, electrical connections and plumbing connections. (Ord. 2011-022, §2, 2011; Ord. 95-063 §1, 1995; Ord. 83-056 §7, 1983) 15.04.110. 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 15.04.110 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 15.04.110, 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 15.04.110. C. Any owner wishing to proceed with construction under DCC 15.04.110 shall apply to the Community Development Department for approval and pay an application fee in an amount determined by the Board. EXHIBIT C TO ORDINANCE NO.2020-012 D. For purposes of enforcement, violation of any provision of the agreement authorized by DCC 15.04.110 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. 95-063 §1, 1995; Ord. 91-046 §1, 1991) 15.04.120. Mobile Homes -State Certification Required. No modular or factory -built home shall be located in the area under the jurisdiction of the County until such modular or factory -built home has been certified by the state as meeting all state requirements. (Ord. 2011-022, §2, 2011; Ord. 95-063 §1, 1995; Ord. 83-056 §8, 1983) 15.04.130. 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 residential,4welkftg­tt+ " �+ : :� '"" , '"�' '` 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. 95-063 §1, 1995; Ord. 83-056 §10, 1983) 15.04.140. Industrial/Commercial Structure- Occupancy Certificate Required. No industrial or commercial structure shall be occupied until a certificate of occupancy has been issued. Issuance of a certificate of occupancy is contingent upon the requirements of the State of Oregon Building Code as well as other applicable County requirements. (Ord. 95-063 §1, 1995; Ord. 93-052 §1, 1993) 15 04 145 Residential Structure- Occupancy Certificate Required. No residential dwelling shall be occupied until a certificate of occupancy has been issued. Issuance of a certificate of occupancy is contingent upon the requirements of the State of Oregon Building Code as well as other applicable Coufl1y requirements. 15.04.150. 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 Title 17, the subdivision title or DCC 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) 15.04.160. 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. Such fees may be waived by the Board of County Commissioners, the County Administrator, or the Director of the County Community Development Department. (Ord. 2006-002 §1, 2006; Ord. 96-058 §1, 1996; Ord. 95-063 §1, 1995; Ord. 93-006 §1, 1993; Ord. 83-056 §15, 1983) EXHIBIT C TO ORDINANCE NO.2020-012 15.04.170. 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. 95-063 §1, 1995; Ord. 83-056 §9, 1983) 15.04.180. 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. 95-063 §1, 1995; Ord. 83-056 §13, 1983) 15.04.190. 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. 95-063 §1, 1995; Ord. 83-056 §18, 1983) 15.04.200. Violation -Penalty. A. Violation of any provision of DCC 15.04, any specialty code or building code requirement administered by the County pursuant to this chapter, ORS 455.153, or the fire code is a Class A violation. B. The building official may initiate proceedings to assess a civil penalty for any violation of this chapter or codes adopted herein except for violations of the fire code. C. A fire chief is authorized to initiate proceedings under DCC Chapter 1.17 to assess a civil penalty for a violation of the fire code. D. Notwithstanding DCC 1.16.010(C) and (D), in the case of a continuing offense, a civil penalty for a violation under a building inspection program may not exceed $1,000.00 per day the violation exists. E. The building official, a building inspector, or a fire chief may not serve as a hearings officer in proceedings to assess civil penalties under this chapter 1.17 of this code. F. A fire chief is authorized to issue citations that charge a person with a violation of the fire code. (Ord. 2014-004, §1, 2014; Ord. 2011-022, §1, 2011; Ord. 2003-021 §31, 2003; Ord. 96-055 §2, 1996; Ord. 95-063 §1, 1995; Ord. 83-056 §17, 1983) 15.04.210. Requirement for Water Service from Water Districts. A. All new buildings requiring water service that are located within the boundaries of a domestic water supply district, water authority, joint water and sanitary authority or county service district ("district") shall be connected to and served by the district's facilities unless an alternate domestic water source is approved in writing by the district. 1. All building permit applications for new construction requiring an individual domestic water source located within a district shall include a written statement from the district on a form provided by the Community Development Department stating that the district will provide water service or that the subject building is not required to receive water service from the district. 2. This provision is not applicable to properties with an existing individual domestic water source. B. If the applicant is unable to obtain approval of the appropriate district within 15 days of submission to such district, the applicant shall provide written notification to the Community Development Department ("CDD") and, thereafter, CDD shall notify the district by certified mail that any objections to the issuance of the building permit must be filed with CDD within 15 days of the date of the notice or failure to respond shall be considered to be an approval of the proposed water source. EXHIBIT C TO ORDINANCE NO.2020-012 (Ord. 2002-011 § 1, 2002) 15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations. A. All water supplies serving as sources of human consumption must comply with the Federal Safe Drinking Water Act, as amended and regulated, as well as Oregon Revised Statutes. B. Irrigation District or System sources do not comply with these regulations, and shall not be permitted as sources of water for human consumption for new construction or structure modifications. 1. Applications for building permits for new construction that include cistern storage for water for human consumption purposes shall require conclusive proof that the source of cistern water is not irrigation water. 2. Construction modifications to existing structures or systems requiring County review and which have cistern storage for water for human consumption shall require conclusive proof that the source of cistern water is not irrigation water. 3. The Deschutes County Building Official shall not issue a building permit for any applicant failing to comply with these provisions. 4. If a structure or structure modification requiring a water source for human consumption is constructed without the required building permit and the water source is irrigation water, the use shall be a violation of this code provision. C. Existing users of Irrigation District or System water for human consumption may comply with these state and federal regulations by modifying their systems to obtain water from private wells, a public or private water system, or a water hauling service. If existing users do not modify their systems, upon notice of an existing user's non-compliance with the state and federal regulations regarding water supply for human consumption, the County shall notify the appropriate irrigation district. (Ord. 2002-011 § 1, 2002) EXHIBIT C TO ORDINANCE NO.2020-012 Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.010. Authorization of Similar Uses. 18.116.020. Clear Vision Areas. 18.116.030. Off -Street Parking and Loading. 18.116.031. Bicycle Parking. 18.116.035. Bicycle Commuter Facilities 18.116.036 Special Parking Provisions for the Sunriver Town Center District 18.116.040. Accessory Uses. 18.116.050. Manufactured Homes. 18.116.070. Placement Standards for Manufactured Homes. 18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot. 18.116.090. A Manufactured Home or RV as a Temporary Residence for Medical Condition. 18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot. 18.116.100. Building Projections. 18.116.200. Repealed. 18.116.120. Fences. 18.116.130. Hydroelectric Facilities. 18.116.140. Electrical Substations. 18.116.150. Endangered Species. 18.116.160. Rimrock Setbacks Outside of LM Combining Zone. 18.116.170. Solar Height Restrictions. 18.116.180. Building Setbacks for the Protection of Solar Access. 18.116.190. Solar Access Permit. 18.116.200. Repealed. 18.116.210. Residential Homes and Residential Facilities. 18.116.215. Family Childcare Provider. 18.116.220. Conservation Easements on Property Adjacent to Rivers and Streams -Prohibitions. 18.116.230. Standards for Class I and II Road Projects. 18.116.240. Protection of Historic Sites. 18.116.250. Wireless Telecommunications Facilities. 18.116.260. Rock Crushing Outside the SM Zone. 18.116.270. Conducting Filming Activities in All Zones. 18.116.280. Home Occupations. 18.116.290. Amateur Radio Facilities 18.116.300. Wind Energy Systems that Generate Less than 100 kW 18.116.310. Traffic Impact Studies 18.116.320. Medical Marijuana Dispensary 18.116.330 Marijuana Production, Processing, and Retailing 18.116.340 Marijuana Production Registered by the Oregon Health Authority (ORA) 18.116.350 Accessory Dwelling Units in RR10 and MUA Zones 18.116.010. Authorization of Similar Uses. A. The purpose of DCC 18.116.010 is to, consistent with provisions of state law, provide for land uses not specifically listed in any zone, but which are similar in character, scale, impact and performance to a permitted or conditional use specified in a particular zone. B. Review Criteria. A similar use may be authorized by the Planning Director or Hearings Body provided that the applicant establishes that the proposed use meets the following criteria: 1. The use is not listed specifically in any zone; EXHIBIT D TO ORDINANCE NO.2020-012 2. The use is similar in character, scale, impact and performance to one or more of the permitted or conditional uses listed for the zone in which it is proposed; and 3. The use is consistent with any applicable requirements of state law with respect to what uses may be allowed in the particular zone in question. Any similar use authorized by the Planning Director or Hearings Body shall conform to the applicable standards and requirements of the zone in which it is located, including any requirements for conditional use review set forth in DCC 18.128. C. Procedure: 1. A property owner may initiate a request for authorization of a similar use by filing an application with the Planning Division on forms prescribed by the division. 2. The Planning Director or Hearings Body shall consider a request for authorization of a similar use under the requirements of Title 22, the Deschutes County Uniform Development Procedures Ordinance. (Ord. 91-038 §3, 1991) 18.116.020. Clear Vision Areas. A. In all zones, a clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three and one-half feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area provided all branches and foliage are removed to a height of eight feet above the grade. B. A clear vision area shall consist of a triangular area on the corner of a lot at the intersection of two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines adjoining the street or railroad measured from the corner to a distance specified in DCC 18.116.020(B)(1) and (2). Where lot lines have rounded corners, the specified distance is measured from a point determined by the extension of the lot lines to a point of intersection. The third side of the triangle is the line connecting the ends of the measured sections of the street lot lines. The following measurements shall establish clear vision areas within the County: 1. In an agricultural, forestry or industrial zone, the minimum distance shall be 30 feet or at intersections including an alley, 10 feet. 2. In all other zones, the minimum distance shall be in relationship to street and road right of way widths as follows: Right of way Width Clear vision 80 feet or more 20 feet 60 feet 30 feet 50 feet and less 40 feet (Ord. 91-020 §1, 1991) 18.116.030. Off-street Parking and Loading. A. Compliance. No building or other permit shall be issued until plans and evidence are presented to show how the off-street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street parking and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by DCC Title 18. B. Off -Street Loading. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space and which will EXHIBIT D TO ORDINANCE NO.2020-012 require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows: 1. Commercial, industrial and public utility uses which have a gross floor area of 5,000 square feet or more shall vrovide truck loading or unloading berths subject to the following table: S . Ft. of Floor Area No. of Berths Re uired Less than 5,000 0 5,000-30,000 1 30,000-100,000 2 100,000 and Over 3 2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities and any similar use which has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or unloading berths subject to the following table: S . Ft. of Floor Area No. of Berths Required Less than 30,000 0 30,000-100,000 1 100,000 and Over 2 4. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance of 14 feet. Where the vehicles generally used for loading exceed these dimensions, the required length of these berths shall be increased. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. C. Off -Street Parking. Off-street parking spaces shall be provided and maintained as set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed. D. Number of Spaces Required. Off-street parking shall be provided as follows: 1. Residential. Use Requirements One, two and three 2 spaces per dwelling family dwellings unit Multi -family dwelling containing four or more dwelling units: Studio or efficiency 0.75 space per unit unit 1 bedroom 1.00 space per unit 2 bedroom 1.50 space per unit 3 bedroom 2.25 space per unit 4 bedroom 2.50 space per unit Apartment/hotel, 0.50 space guest rooming or boarding parking per dwelling house unit EXHIBIT D TO ORDINANCE NO.2020-012 Use Requirements Quad or quint dwelling 4.50 spaces per quad and 5.50 spaces per quint 2_ Commercial Residential. Use Requirements Hotel 1 space per guest room plus 1 space per 2 employees. Motel 1 space per guest room or suite plus 1 additional space for the owner -manager Club or lodge Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc. Fraternity, sorority or 1 space for each 6 dormitory student beds 3. Institutions. Use Requirements Welfare or correctional 1 space per 3 beds for institution patients or inmates Convalescent Hospital, 1 space per 2 beds for nursing hospital, patients or residents sanitarium, rest home, home for the aged Hospital 1.50 spaces per bed 4. Places Of Public Assembly. Use Requirements Church 1 space per 4 seats or 8 feet of bench length in the main auditorium or 1 space for each 50 sq. ft. of floor area used for assembly Library, reading 1 space per 400 sq. ft. of room, museum, art floor area plus 1 space per gallery 2 employees Preschool, nursery 2 spaces per teacher or kindergarten Elementary or 1 space per 4 seats or 8 feet junior high schools of bench length in auditorium or assembly room, whichever is greater, plus 1 space per employee. EXHIBIT D TO ORDINANCE NO.2020-012 High schools 1 space for each 6 students or 1 space per 4 seats or 8 feet of bench length in the main auditorium, whichever is greater, plus 1 College or 1 space per 3 seats in commercial school classrooms for adults Other auditorium 1 space per 4 seats or 8 feet or meeting room of bench length. If no fixed seats or benches, 1 space per 60 sq. ft. of floors ace. 5. Commercial Amusements. Use Requirements Stadium, arena or 1 space per 4 seats or 8 theater feet of bench length Bowling alley 6 spaces per lane, plus 1 space per 2 employees Dance hall or skating 1 space per 100 sq. ft. rink of floor area, plus 1 space per 2 employees. 6. Commercial Use Requirements Grocery stores of 1,500 1 space per 300 sq. ft. sq. ft. or less of gross of gross floor areas floor area, and retail stores, except those selling bulky merchandise Supermarkets, grocery 1 space per 200 sq. ft. stores of gross floor area Service or repair shops, 1 space per 600 sq. ft. retail stores and outlets of gross floor area selling furniture, automobiles or other bulky merchandise where the operator can show the bulky merchandise occupies the major area of the building Bank or office, except 1 space per 300 sq. ft. medical or dental of gross floor area Medical and dental 1 space per 150 sq. ft. office or clinic of gross floor area EXHIBIT D TO ORDINANCE NO.2020-012 Eating or drinking 1 space per 100 sq. ft. establishments of gross floor area. Mortuaries 1 space per 4 seats or 8 ft. of bench length in chapels 7. Industrial Use Requirements Manufacturing 1 space per employee establishment on the largest working shift Storage warehouse, 1 space per 2,000 sq. ft. wholesale of floor area establishment, rail or trucking freight terminal 8. Airport Uses Use Requirements Hangars or tie -downs 1 space per 4 private aircraft occupying a hangar or tie -down space Office 1 space per 300 sq. ft. of ross floor area Aircraft maintenance 1 space per 1,000 sq. ft. of ross floor area Manufacturing, 1 space per 500 sq. ft. of assembly, research gross floor area 9. Other uses not specifically listed above shall be provided with adequate parking as required by the Planning Director or Hearings Body. The above list shall be used as a guide for determining requirements for said other uses. E. General Provisions. Off -Street Parking. 1. More Than One Use on One or More Parcels. In the event several uses occupy a single structure or parcel of land, the total requirement for off-street parking shall be the sum of requirements of the several uses computed separately. 2. Joint Use of Facilities. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap at any point of time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidence by a deed, lease, contract or other appropriate written document to establish the joint use. 3. Location of Parking Facilities. Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. Other required parking spaces shall be located on the same parcel or another parcel not farther than 500 feet from the building or use they are intended to serve, measured in a straight line from the building in a commercial or industrial zone. Such parking shall be located in a safe and functional manner as determined during site plan approval. The burden of proving the existence of such off -premise parking arrangements rests upon the applicant. EXHIBIT D TO ORDINANCE NO.2020-012 4. Use of Parking Facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or used in conducting the business or use. 5. Parking, Front Yard. Required parking and loading spaces for multi -family dwellings or commercial and industrial uses shall not be located in a required front yard, except in the Sunriver UUC Business Park (BP) District and the La Pine UUC Business Park (LPBP) District and the LaPine UUC Industrial District (LPI), but such space may be located within a required side or rear yard. 6. On -Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within commercial zones in the La Pine Planning Area and the Terrebonne and Tumalo unincorporated communities, the amount of required off-street parking can be reduced by one off-street parking space for every allowed on -street parking space adjacent to a property up to 30% of the required off-street parking. On -street parking shall follow the established configurations in the parking design standards under DCC 18.116.030 Table 1. To be considered for the parking credit, the proposed parking surface, along the street frontage under review, must have a defined curb line and improved as required under DCC 17.48, with existing pavement, or an engineered gravel surface. For purposes of establishing credit, the following constitutes an on -street parking space: a. Parallel parking (0 degree), each 20 feet of uninterrupted curb; b. Diagonal parking (60 degree), each with 11 feet of curb; c. Perpendicular parking (90 degree), each with 10 feet of curb; d. Curb space must be connected to the lot that contains the use; e. Parking spaces that would not obstruct a required clear vision area, nor any other parking that violates any law or street standard; and f. On -street parking spaces credited for a specific use may not be used exclusively by that use, but shall be available for general public use at all times. No signs or actions limiting general public use of on -street spaces are permitted. F. Development and Maintenance Standards for Off -Street Parking Areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows: 1. Except for parking to serve residential uses, an off-street parking area for more than five vehicles shall be effectively screened by a sight obscuring fence when adjacent to residential uses, unless effectively screened or buffered by landscaping or structures. 2. Any lighting used to illuminate off-street parking areas shall be so arranged that it will not project light rays directly upon any adjoining property in a residential zone. 3. Groups of more than two parking spaces shall be located and designed to prevent the need to back vehicles into a street or right of way other than an alley. 4. Areas used for standing and maneuvering of vehicles shall be paved surfaces adequately maintained for all weather use and so drained as to contain any flow of water on the site. An exception may be made to the paving requirements by the Planning Director or Hearings Body upon finding that: a. A high water table in the area necessitates a permeable surface to reduce surface water runoff problems; or b. The subject use is located outside of an unincorporated community and the proposed surfacing will be maintained in a manner which will not create dust problems for neighboring properties; or c. The subject use will be in a Rural Industrial Zone or an Industrial District in an unincorporated community and dust control measures will occur on a continuous basis which will mitigate any adverse impacts on surrounding properties. 5. Access aisles shall be of sufficient width for all vehicular turning and maneuvering. 6. Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety of pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will accommodate and serve the traffic anticipated. Service drives shall be clearly and permanently EXHIBIT D TO ORDINANCE NO.2020-012 marked and defined through the use of rails, fences, walls or other barriers or markers. Service drives to drive in establishments shall be designed to avoid backing movements or other maneuvering within a street other than an alley. 7. Service drives shall have a minimum vision clearance area formed by the intersection of the driveway centerline, the street right of way line and a straight line joining said lines through points 30 feet from their intersection. 8. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or bumper rail placed to prevent a motor vehicle from extending over an adjacent property line or a street right of way. G. Off -Street Parking Lot Design. All off-street parking lots shall be designed subject to County standards for stalls and aisles as set forth in the following drawings and table: (SEE TABLE 1 AT END OF CHAPTER 18.116) 1. For one row of stalls use "C" + "D" as minimum bay width. 2. Public alley width may be included as part of dimension "D," but all parking stalls must be on private property, off the public right of way. 3. For estimating available parking area, use 300-325 square feet per vehicle for stall, aisle and access areas. 4. For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars provided that the compact stalls do not exceed 30 percent of the total required stalls. A compact stall shall be eight feet in width and 17 feet in length with appropriate aisle width. (Ord. 2010-018 §1, 2010, Ord. 2004-013 §12, 2004; Ord. 2003-005 §2, 2003; Ord. 2002-015 §2, 2002, Ord. 2001-044 §4, 2001; Ord. 97-078 §6, 1997; Ord. 96-003 §7, 1996; Ord. 93-063 §2, 1993; Ord. 93-043 §19, 1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-017 §1, 1990) 18.116.031. Bicycle Parking. New development and any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005 shall comply with the provisions of DCC 18.116.031. A. Number and Type of Bicycle Parking Spaces Required. 1. General Minimum Standard. a. All uses that require off-street motor vehicle parking shall, except as specifically noted, provide one bicycle parking space for every five required motor vehicle parking spaces. b. Except as specifically set forth herein, all such parking facilities shall include at least two sheltered parking spaces or, where more than 10 bicycle spaces are required, at least 50 percent of the bicycle parking spaces shall be sheltered. c. When the proposed use is located outside of an unincorporated community, a destination resort, and a rural commercial zone, exceptions to the bicycle parking standards may be authorized by the Planning Director or Hearings Body if the applicant demonstrates one or more of the following: i The proposed use is in a location accessed by roads with no bikeways and bicycle use by customers or employees is unlikely. ii. The proposed use generates less than 50 vehicle trips per day. iii. No existing buildings on the site will accommodate bicycle parking and no new buildings are proposed. iv. The size, weight, or dimensions of the goods sold at the site makes transporting them by bicycle impractical or unlikely. v. The use of the site requires equipment that makes it unlikely that a bicycle would be used to access the site. Representative examples would include, but not be limited to, paintball parks, golf courses, shooting ranges, etc. 2. Special Minimum Standards. EXHIBIT D TO ORDINANCE NO.2020-012 a. Multi -Family Residences. Every residential use of four or more dwelling units shall provide at least one bicycle parking space for each unit. In those instances in which the residential complex has no garage, required spaces shall be sheltered. b. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every 10 motor vehicle parking spaces. c. Schools. Schools, both public and private, shall provide one bicycle parking space for every 25 students, half of which shall be sheltered. d. Colleges. One-half of the bicycle parking spaces at colleges, universities and trade schools shall be sheltered facilities. 3. Trade Off with Motor Vehicle Parking Spaces. a. One motor vehicle parking space may be deleted from the required number of spaces in exchange for providing required bicycle parking. i. Any deleted motor vehicle space beyond the one allowed above shall be replaced with at least one bicycle spaces. ii. If such additional parking is to be located in the area of the deleted automobile parking space, it must meet all other bicycle parking standards. b. The Hearings Body or Planning Director may authorize additional bicycle parking in exchange for required motor vehicle parking in areas of demonstrated, anticipated, or desired high bicycle use. 4. Calculating number of bicycle spaces. a. Fractional spaces shall be rounded up to the next whole space. b. For facilities with multiple uses (such as a commercial center) bicycle -parking requirements shall be calculated by using the total number of motor vehicle spaces required for the entire development. B. Bicycle Parking Design. 1. General Description. a. Sheltered Parking. Sheltered parking may be provided within a bicycle storage room, bicycle locker, or racks inside a building; in bicycle lockers or racks in an accessory parking structure; underneath an awning, eave, or other overhang; or by other facility as determined by the Hearings Body or Planning Director that protects the bicycle from direct exposure to the elements. b. Unsheltered parking may be provided by bicycle racks. 2. Location. a. Required bicycle parking that is located outdoors shall be located on -site within 50 feet of main entrances and not farther from the entrance than the closest motor vehicle parking space. i. Bicycle parking shall be located in areas of greatest use and convenience to bicyclist. ii. Such bicycle parking shall have direct access to both the public right of way and to the main entrance of the principal use. iii. Bicycle parking shall not impede or create a hazard to pedestrians. iv. Parking areas shall be located so as not to conflict with clear vision areas as prescribed in DCC 18.116.020. b. Bicycle parking facilities shall be separated from motor vehicle parking and drive areas by a barrier or sufficient distance to prevent damage to the parked bicycle. c. Where bicycle parking facilities are not directly visible and obvious from the public right(s) of way, entry and directional signs shall be provided to direct bicyclists for the public right of way to the bicycle parking facility. Directions to sheltered facilities inside a structure may be signed, or supplied by the employer, as appropriate. 3. Dimensional Standards. a. Each bicycle parking space shall be at least two by six feet with a vertical clearance of seven feet. b. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking. c. Each required bicycle parking space shall be accessible without moving another bicycle. EXHIBIT D TO ORDINANCE NO.2020-012 4. Surface. The surface of an outdoor parking facility shall be surfaced in the same manner as the motor vehicle parking area or with a minimum of one -inch thickness of aggregate material. This surface will be maintained in a smooth, durable, and well -drained condition. 5. Security. a. Bicycle parking facilities shall offer security in the form of either a lockable enclosure in which the bicycle can be stored or a stationary object (i.e., a "rack") upon which the bicycle can be locked. Structures that require a user -supplied lock shall accommodate both cables and U-shaped locks and shall permit the frame and both wheels to be secured (removing the front wheel may be necessary). All bicycle racks, lockers, or other facilities shall be permanently anchored to the surface of the ground or to a structure. b. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly illuminated and visible from adjacent sidewalks or motor vehicle parking. 6. Other means that provide the above level of bicycle parking may be approved by the Hearings Body or the Planning Director. (Ord. 2010-010 § 1, 2010; Ord. 93-005 §4, 1993) 18.116.035. Bicycle Commuter Facilities. A. Each commercial or public building having a work force of at least 25 people shall have bicycle commuter facilities consisting of shower(s) and changing rooms(s). For facilities with more than one building (such as a college), bicycle commuter facilities may be located in a central location. B. This provision shall apply to (1) new development requiring off-street parking and (2) any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005. (Ord. 93-005 §5, 1993) 18.116.036. Special parking provisions for the Sunriver Town Center (TC) District. A. Required Motor Vehicle Parking. The following motor vehicle parking requirements apply to development in the Town Center (TC) District of the Sunriver UUC in lieu of the requirements of DCC 18.116.030(D): Use Requirements Townhomes and Multi- family Residential buildings with 8 units or less: 1.00 space per unit Studio or Efficiency 1 bedroom 1.00 space per unit 2 bedrooms 1.50 space per unit 3 bedrooms 2.00 spaces per unit 4 bedrooms 2.00 spaces per unit Mixed Use Structures and Multi -family Residential buildings with more than 8 units: Studio or Efficiency 1.00 space per unit 1 bedroom 1.00 space per unit 2 bedrooms 1.00 space per unit 3 bedrooms 1.50 spaces per unit 4 bedrooms 2.00 spaces per unit Hotel 1.0 space per unit + EXHIBIT D TO ORDINANCE NO.2020-012 Use Requirements 1 space per 2 full-time employees Lock Off Areas .5 parking space, in addition to base arkin for unit Live/Work Units .5 parking space for work area, in addition to base parking for dwelling unit rT C. FBI E. Requirements for Other Uses. The number of spaces required for Town Center (TC) District of Sunriver UUC uses not listed above shall be determined by using the charts provided by DCC 18.116.030 (D). Uses not specifically listed in the tables of subsection (A), above or DCC 18.116.030(D) shall be provided with adequate parking as required by the Planning Director or Hearings Body. Transportation Demand Management. 1. In the Town Center (TC) District of Sunriver UUC, motor vehicle parking requirements may be reduced based on implementation of a Transportation Demand Management (TDM) plan. a. The TDM is subject to the approval of the Planning Director or Hearings Body in accordance with the following criteria: 1) The proposed TDM plan will reduce the need for motor vehicle parking; 2) The reduction is to a level of parking that is lower than the amount of parking required by DCC 18.116.030; and 3) The applicant has demonstrated to the County that the TDM measures will remain in place. 2. A TDM plan may include, but is not limited to, the following elements: a. Bicycle Parking: Motor vehicle parking requirements may be reduced in exchange for bicycle parking, as described in 18.16.031. b. Shuttle Service: Motor vehicle parking requirements may be reduced by up to ten percent where frequent shuttle or transit service connects on -site residential/employment uses to transportation hubs (including airports) as well as nearby commercial centers and recreational areas. c. Satellite Parking: Parking may be provided at a distance greater than 500 feet when in conjunction with a coordinated shuttle service. General Provisions. Off -Street Parking. The following parking requirements apply to development in the Town Center (TC) District of the Sunriver UUC in lieu of the requirements of DCC 18.116.030(E): 1. More Than One Use on One or More Parcels. In the event several uses occupy a single structure or parcel of land, the total requirement for off-street parking shall be the sum of requirements of the several uses computed separately. 2. Joint Use of Facilities. a. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not conflict at any point of time. b. Further, the total parking required for two or more land uses may be reduced to reflect pedestrian and internal trips between/among multiple uses in the Sunriver commercial core area. c. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidence by a deed, lease, contract or other appropriate written document to establish the joint use. 3. Location of Parking Facilities. a. Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. b. Other required parking spaces shall be located on the same parcel or another parcel not farther than 500 feet from the building or use they are intended to serve, measured in a straight line from EXHIBIT D TO ORDINANCE NO.2020-012 the building in a commercial or industrial zone, except when provided in conjunction with connecting shuttle service, as identified in DCC 18.116.036(D)(2). c. Such parking shall be located in a safe and functional manner as determined during site plan approval. d. The burden of proving the existence of such off -premise parking arrangements rests upon the applicant. 4. Use of Parking Facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or use. 5. For Multi -family Residential uses allowed by DCC 18.108.055(A)(6), minimum parking requirements may be satisfied through tandem parking, whereby two vehicles are accommodated end -to -end, provided the tandem parking spaces are used to meet the parking requirements for a single dwelling unit only. F. Bicycle Parking. 1. The provisions of DCC 18.116.031(B)(6) maybe used to modify the bicycle parking requirements of DCC 18.116.031 and 18.116.035. 2. Subsection (E)(2), above, regarding the joint use of parking facilities shall be applied to determine bicycle parking requirements for the Town Center District of the Sunriver UUC. (Ord. 2008-015 §3, 2008) 18.116.040. Accessory Uses. An accessory use shall comply with all requirements for a principal use, except as DCC Title 18 specifically allows to the contrary, and shall comply with the following limitations: A. The primary use of the property must be established or applied for prior to issuance of any building or land use permits for accessory structures. 1. Exception: a. Building permit for a ramada or carport may be issued without establishment or application of primary use if all other criteria for issuance are met. b. Land use, building or environmental health permits or extensions of such permits sought to correct existing code violations for the subject property shall be issued if all other criteria for issuance are met. c. A building permit for an accessory structure or structures not exceeding a combined total of 2,000 square feet in size, with no windows, with only one floor, an operable garage door, no plumbing or stack vents through the roof or walls and not requiring plumbing or mechanical permits. B. A side yard or rear yard may be reduced to five feet for an accessory structure erected more than 65 feet from a front lot line, provided the structure is detached from other buildings by five feet or more and does not exceed a height of one story nor an area of 450 square feet. C. Boats and trailers, travel trailers, pickup campers or coaches, motorized dwellings and similar recreational equipment may be stored on a lot but not used as an accessory use in any zone provided that: 1. In a residential zone, parking or storage in a front yard or in a side yard adjoining a street other than an alley shall be permitted only on a driveway. 2. Parking or storage shall be at least three feet from an interior side lot line. D. A manufactured home may be stored on an individual lot subject to obtaining a zoning approval from the Planning Division and subject to the following: 1. Storage period shall not exceed one year. 2. No utilities other than electric may be connected. 3. The mobile home shall not be inhabited. 4. The subject lot is not located in a CH, Conventional Housing Combining Zone. (Ord. 96-057 §1, 1996; Ord. 95-077 §1, 1995; Ord. 95-075 §1, 1995; Ord. 91-038 §1, 1991) EXHIBIT D TO ORDINANCE NO.2020-012 18.116.050. Manufactured Homes. Manufactured Home Classes. For purposes of these regulations, manufactured homes are divided into the following types: A. A Class A manufactured home shall: 1. Have more than 1,000 square feet of occupied space in a double section or larger multi -section unit; 2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required; 3. Have wheels, axles and hitch mechanisms removed; 4. Have utilities connected subject to the requirements of the Building Codes Agency and manufacturer's specifications; 5. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976; 6. Have roofing materials of a type customarily used on site constructed residences, including wood shakes or shingles, asphalt or fiberglass shingles, corrugated mat finish colored metal and tile materials, but not including high gloss corrugated aluminum or fiberglass panels. The roof pitch shall be a minimum of two over 12; and 7. Have siding materials of a type customarily used on site -constructed residences such as clapboard, horizontal vinyl or aluminum lap -siding, cedar or other wood siding, brick or stone, and not including high gloss finished material, corrugated metal or fiberglass, or metal or plastic panels. B. A Class B manufactured home shall: 1. Have at least 750 square feet of occupied space in a single, double, expand or multi -section unit; 2. Be placed on a foundation, as specified by the manufacturer. Skirting shall be required; 3. Have wheels, axles and hitch mechanisms removed; 4. Have utilities connected subject to the requirements of the Building Codes Agency and manufacturer's specifications; 5. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976; 6. Have roofing materials of a type customarily used on site constructed residences, including wood shakes or shingles, asphalt or fiberglass shingles, corrugated matte finish colored metal and tile materials, but not including high gloss corrugated aluminum or fiberglass panels. The roof pitch shall be a minimum of two over 12; and 7. Have siding materials of a type customarily used on site constructed residences such as clapboard, horizontal vinyl or aluminum lap siding, cedar or other wood siding, brick or stone, and not including high gloss finished material, corrugated metal or fiberglass, or metal or plastic panels. C. A Class C manufactured home shall: 1. Have at least 576 square feet of occupied space, excluding tipouts and hitches; 2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required; 3. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976, or bear the Oregon Department of Commerce "Insignia of Compliance"; and 4. Have utilities connected subject to the requirements of the Building Codes Agency and manufacturer's specifications. D. A Class D manufactured home shall: 1. Have more than 320 square feet of occupied space; 2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required; and 3. Have utilities connected subject to requirements of the Building Codes Agency and manufacturer's specifications. EXHIBIT D TO ORDINANCE NO.2020-012 (Ord. 2004-013 §12, 2004; Ord. 2001-013 §1, 2001; Ord. 2000-033 §7, 2000; Ord. 93-043 §§19B-E, 1993; Ord. 91-038 §4, 1991; Ord. 91-017 §§1-3 and 4, 1991; Ord. 91-005 §§38-40 and 41, 1991; Ord. 89-004 §§3 and 5, 1989; Ord. 81-042 §1-3 and 4, 1981) 18.116.070. Placement Standards for Manufactured Homes. A. As defined in DCC 18.116.050, Class A and B manufactured homes shall be permitted as follows, subject to the requirements of the underlying zone: 1. In the following zones, except where there is a Conventional Housing Overlay Zone (CH): Any EFU zone, MUA-10, F-1, F-2, RR-10, any area zoned as an unincorporated community (as that term is defined herein), RSR-M, RSR-5, and FP as the primary dwelling, and R-I and SM as a caretaker's residence. 2. In manufactured home parks and subdivisions. 3. As permitted in DCC 18.116.080 and 18.116.090. 4. Class A and B manufactured homes are not permitted in any historic district or on any historic site. B. Class C manufactured homes shall be permitted as follows: 1. Except as otherwise allowed in DCC 18.116.070, on parcels 10 acres in size or larger. 2. As a secondary accessory farm dwelling. 3. In manufactured home parks and manufactured home subdivisions. 4. As permitted in DCC 18.116.080 and 18.116.090. 5. As a replacement to an existing non -conforming manufactured home destroyed by fire or other natural act, or as an upgrade to an existing manufactured home. 6. In the following subdivisions: Rockview II, Tetherow Crossing, Chaparral Estates, Crystal Acres, Hidden Valley Mobile Estates, Johnson Acres, Seven Peaks, Sun Mountain Ranches, Deschutes River Homesites Rimrock Addition, Happy Acres, Rancho El Sereno, Whispering Pines, Bend Cascade View Estates, Raintree, Holmes Acres, La Pine Meadows North, Pine Crest Ranchettes, Dora's Acres, Pierce Tracts, Roan Park, South Forty, Tomes, Crooked River Ranch, Dale Acres, Replat/Hillman, Lake Park Estates, Mary K. Falls Estates. 7. Class C manufactured homes are not permitted in any historic district or on any historic site. C. An exception may be granted by the Planning Director or Hearings Body to allow a Class C manufactured home to be placed in a subdivision which is not listed in DCC 18.116.070(B)(6), where all of the following conditions exist: l . The manufactured home is specifically designed or has been substantially modified for wheelchair or disabled access (disabled accessible manufactured home). 2. There are Class C manufactured homes in the subdivision located within one -quarter mile of the lot upon which the manufactured home will be placed. 3. The disabled accessible manufactured home and lot upon which the manufactured home is to be placed were purchased by the applicant prior to February 22, 1989. D. Class D manufactured homes shall be permitted as follows: 1. In manufactured home parks and subdivisions. 2. As permitted in DCC 18.116.080 and 18.116.090. 3. Class D manufactured homes are not permitted in any historic district or on any historic site. (Ord. 2000-033 §8, 2000; Ord. 96-003 §8, 1996; Ord. 91-020 § 1, 1991; Ord. 91-005 §§42 and 43, 1991; Ord. 89-016 §1, 1989; Ord. 89-014 §1, 1989; Ord. 89-004 §§3 and 5, 1989; Ord. 81-042 §5, 1981) 18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot. A manufactured home of any class or a recreational vehicle may be authorized as a temporary residence on an individual lot and shall comply with the following additional provisions: A. The manufactured home or recreational vehicle shall be placed upon a lot for which a building permit for a housing unit has been obtained. EXHIBIT D TO ORDINANCE NO.2020-012 B. The manufactured home or recreational vehicle shall be occupied only during a period in which satisfactory progress is being made toward the completion of the housing unit on the same site. C. Electric, water and sewer utility connections shall be made to the manufactured home or recreational vehicle. D. The manufactured home shall be removed from the lot not later than 18 months following the date on which the building permit for the housing unit is issued or not later than two months following the date of final building inspection of the housing unit, whichever occurs first. The habitation of the recreational vehicle must cease, and its connection to all utilities other than electric must be discontinued not later than 18 months following the date on which the building permit for the housing unit is issued or not later than two months following the completion of the housing unit, whichever occurs first. E. All evidence that the manufactured home has been on the lot shall be removed within the 30 days following the removal of the manufactured home. (Ord. 93-043 §19F, 1993; Ord. 91-005 §44, 1991; Ord. 89-004 §4, 1989) 18.116.090. A Manufactured Home or Recreational Vehicle as a Temporary Residence for Medical Condition. A. A temporary use permit for one manufactured home of any class or one recreational vehicle on a lot or parcel in addition to an existing dwelling may be granted when a medical condition exists. In the Exclusive Farm Use and Forest zones only, an existing building may be used as a temporary dwelling. For the purposes of this section, "existing" means the building was in existence on or before March 29, 2017. B. The person with a medical condition must be either one of the property owners or a relative of one of the property owners. C. For the purposes of this section, a relative is defined as a grandparent, step -grandparent, -grandchild, parent, step-parent, child, step -child, brother, sister, sibling, step -sibling, either blood or legal relationship, niece, nephew, uncle, aunt or first cousin. D. Such medical condition must be verified by a doctor's written statement, which shall accompany the permit application. E. The temporary use permit shall be reviewed annually for compliance with the terms of DCC 18.116.090. F. The manufactured home shall be removed or the recreational vehicle shall be vacated, and disconnected from any electric, water or sewer facility connection for which a permit has been issued not later than 90 days following the date the medical condition requiring the temporary use permit ceases to exist. In the Exclusive Farm Use and Forest zones the existing building will be converted to a permitted non- residential use within 90 days following the date the medical condition requiring the temporary use permit ceases to exist. G. If a recreational vehicle is used as a medical hardship dwelling, it shall have a bathroom, and shall meet the minimum setbacks for the zone in which it is located. H. The applicant shall obtain all necessary permits from the County Building and Environmental Health Divisions prior to initiating the use. (Ord. 2017-001 § 1, 2017; Ord. 2012-007 § 5, 2012; Ord. 2008-022 § 2, 2008; Ord. 91-005 §45, 1991; Ord. 89-004 §5, 1989) 18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot. A. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel not containing a dwelling and used as a temporary dwelling unit: 1. For a period totaling not more than 30 days in any consecutive 60-day period without obtaining a land use permit from the Deschutes County Planning Division; or EXHIBIT D TO ORDINANCE NO.2020-012 2. For a total period not to exceed six months in a calendar year by obtaining a temporary use permit under the terms of DCC 18.116.095 from the Deschutes County Planning Division. A temporary use permit may be renewed annually for use of a recreational vehicle under the terms of DCC 18.116.095 on the same lot or parcel B. All necessary permits shall be obtained from the Deschutes County Building Safety Division before connecting a recreational vehicle to sewer, water and/or electric utility services. C. A permit shall be obtained from the Deschutes County Environmental Health Division before disposing any wastewater or sewage on -site. D. A recreational vehicle used as a temporary dwelling unit shall meet the same setbacks required of a permanent dwelling on the subject lot. E. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or jacking system, shall be attached to the site only by quick disconnect type utilities and security devices, and shall have no permanently attached additions. (Ord. 2007-019 §4, 2007; Ord. 98-062 §1, 1998; Ord. 95-075 §1, 1995; Ord. 91-038 §3, 1991) 18.116.100. Building Projections. Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys and flues shall not project more than three feet into a required yard, provided that the projection is not closer than three feet to a property line. (Ord. 91-038 §4, 1991) 18.116.120. Fences. A. Fences which form a solid barrier or are sight obstructive shall not exceed three and one-half feet in height when located in a required front yard or in a clear vision area. B. Fences in Wildlife Area Combining Zones shall be designed in conformance with the requirements of DCC 18.88. C. All fences shall comply with the requirements of DCC Title 15the State f Oregon Bee di fig r ao (Ord. 92-042 § 3, 1992; Ord. 91-03 8 § 1, 1991) 18.116.130. Hydroelectric Facilities. A. No new hydroelectric facilities shall be constructed, and no existing hydroelectric facilities shall be enlarged or expanded in size of area or generating capacity, on the following rivers and streams within Deschutes County: 1. Deschutes River, from its headwaters to River Mile 227, above, but not including Wickiup Dam, and from Wickiup Dam to River Mile 171 below Lava Island Falls; 2. Crooked River; 3. Fall River; 4. Little Deschutes River; 5. Spring River; 6. Paulina Creek; 7. Whychus Creek; and 8. Tumalo Creek. B. Hydroelectric facilities are allowed as a conditional use on the Deschutes River at Wickiup Dam, and from River Mile 171 below Lava Island Falls downstream to the northern Deschutes County line. Such conditional use shall be governed by the conditions set forth in DCC 18.128.260. (Ord. 86-018 § 17, 1986) EXHIBIT D TO ORDINANCE NO.2020-012 18.116.140. Electrical Substations. Electrical substations, whether as an outright or conditional use, shall submit a site plan complying with the provisions of DCC Title 18 to the Planning Department. (Ord. 91-020 § 1, 1991) 18.116.150. Endangered Species. Developments which occur in areas which may disturb species (plant or animal) listed by the U.S. Environmental Protection Agency or the Department of Fish and Wildlife as endangered shall prepare an acceptable protection plan for use during and after construction (e.g., a nest protection plan for developments in the vicinity of Bald Eagle nesting sites). (Ord. 91-020 § 1, 1991) 18.116.160. Rimrock Setbacks Outside of LM Combining Zone. All structures, including decks, within 50 feet from the edge of a rimrock, as defined in DCC 18.04.030, shall be subject to site review if visible from the river or stream. Prior to approval of any structure within 50 feet of a rimrock, the Planning Director or Hearings Body shall make the following findings: A. All structures, including decks, shall be set back a minimum of 20 feet from the edge of the rimrock. B. The height of the structure shall not exceed the setback from the edge of the rimrock. C. Existing trees and shrubs which reduce the visibility of the proposed structure shall be retained. D. Where multiple structures are proposed on a parcel of land the structures shall be grouped or clustered so as to maintain a general appearance of open landscape for the effected area. This shall require a maintenance of at least 65 percent open space along all rimrocks. (Ord. 92-034 §3, 1992; Ord. 91-020 §1, 1991; Ord. 88-004 §1, 1988; Ord. 86-053 §21, 1986; Ord. 85-016 §2, 1985; Ord. 82-013 §2, 1982; Ord. 81-015. §1, 1981) 18.116.170. Solar Height Restrictions. No building, structure or nonexempt vegetation may exceed the solar height restriction established on a burdened property by the solar access of a benefited property. (Ord. 83-037 §25, 1983) 18.116.180. Building Setbacks for the Protection of Solar Access. A. Purpose. The purpose of DCC 18.116.180 is to provide as much solar access as practical during the winter solar heating hours to existing or potential buildings by requiring all new structures, excepting lots less than 10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030 "lot width," and located in the Neighborhood Planning Area of the Urban Unincorporated Community — La Pine, to be constructed as far south on their lots as is necessary and feasible. B. Standards. Every new structure or addition to an existing structure, excepting lots less than 10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030 "lot width," and located in the Neighborhood Planning Area of the Urban Unincorporated Community — La Pine, shall meet the following standards for a solar setback from the north lot line, except as provided in DCC 18.116.180(B)(3): 1. South Wall Protection Standard. The south wall protection standard is based on an eight -foot solar fence on the subject property's north lot line which allows solar radiation on a neighboring building's south wall above two feet from the ground, assuming a 20-foot setback from the common property line to the neighboring building. Solar setbacks for the south wall protection standards can be calculated with the diagram in Appendix A-1 or estimated with the table in Appendix A-2. Final determination of solar setback distance is made by entering the following variables into the Deschutes County Shadow Length computer program: EXHIBIT D TO ORDINANCE NO.2020-012 a. Pole height; b. The eight -foot fence height; c. The scale of the plot plan submitted in feet per inch; and d. Degrees of slope of the land from east to west and from north to south. e. If a setback meeting this requirement is not feasible due to physical constraints of the lot, including, but not limited to, rock outcroppings, septic systems, existing legal restrictions or lot dimensions, as determined by the Planning Director or Hearings Body, then the structure or addition must be located as far to the south on the lot as feasible and must meet the standard set forth in DCC 18.116.180(B)(2). 2. South Roof Protection Standard. The south roof protection standard is based on a 14 foot solar fence on the subject property's north lot line which allows for solar radiation on a neighboring building above eight feet from ground level and assuming a 20 foot setback from the common boundary line to the neighboring building. Solar setbacks for this standard can be calculated using the diagram in Appendix B-1 or estimated using the table in Appendix B-2. Final determination of the setback will be made using the Shadow Length computer program by specifying a 14-foot solar fence and additional site specific information as listed in DCC 18.116.180(B)(1). 3. Exceptions. The south roof protection standard shall not apply only if the applicant establishes: a. That the structure cannot be located on the lot without violating the requirements contained in Appendix B; and b. That the structure is built with its highest point as far to the south as feasible; and 1) That the structure is a single family residence with a highest point less than or equal to 16 feet high; or, if not a single family residence; 2) That it is a permitted or conditional use for the lot. 4. Exemptions. a. The governing body may exempt from the provision of DCC 18.116.180 any area where it is determined that solar uses are not feasible because the area is already substantially shaded due to heavy vegetation, steep north facing slopes, and any area or zones in which taller buildings are planned. b. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC 18.116.180 if the structure will shade only a protected area in which solar uses are not feasible because the protected area is already substantially shaded at the time a request for exemption is made and approved by the Planning Director or Hearings Body. c. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC 18.116.180 if the structure is in conformance with a solar height restriction as provided in DCC Title 17, the Subdivision/Partition Ordinance, as amended. 5. Variances. a. The Planning Director or Hearings Body may authorize a variance from the requirements of DCC 18.116.180. b. A variance may be granted subject to prescribed conditions, provided that the Planning Director or Hearings Body shall make all of the following findings: i. The variance does not preclude the reasonable use of solar energy or insolation by future buildings on the property to be shaded; ii. The variance does not diminish any solar access which benefits a habitable structure on adjacent lot or parcel; c. Shaded property. i. Notwithstanding DCC 18.116.180(B)(5)(b)(i) and (ii), if property is to be shaded that is other than the property for which the variance is sought, in order for the County to approve the variance, the applicant must provide written consent to the shading from the owner or owners of all property to be shaded. ii. The written consent shall be recorded in the Deschutes County Official Records. EXHIBIT D TO ORDINANCE NO.2020-012 iii. The written consent shall be on a form provided by the County and shall contain the following information: a). The notarized signatures of all owners and registered leaseholders who hold an interest in the property being shaded; b). A statement that the solar access provided in DCC 18.116.180 is waived for that particular structure and the County is held harmless for any damages resulting from the waiver. c). A statement that the waiver applies only to the specific building or buildings to which the waiver is granted; d). A description and drawing of the shading which would occur; and e) A statement binding all successors in interest. (Ord. 2018-006 §13, 2018; Ord. 2012-007 §5, 2012; Ord. 2006-035 §2, 2006; Ord. 2004-013 §12, 2004; Ord. 91-038 §1, 1991; Ord. 91-020 §l, 1991; Ord. 83-037 §3, 1983) 18.116.190. Solar Access Permit. A. Purpose. The purpose of DCC 18.116.190 is to provide solar access to productive solar collectors by establishing limitations, on a case by case basis, for the growth of vegetation on certain lots in the vicinity of a productive solar collector. B. Application for Solar Access Permit. 1. Any owner may submit an application for a solar access permit to provide solar access for a productive solar collector located on the owner's real property. 2. The application for a solar access permit shall be on forms prescribed by the County and shall contain, at a minimum: a. A legal description of the applicant's lot, including a statement that the applicant is the owner of the lot, and a description of the nature of the applicant's interest in the lot; b. Documentation to show that the solar collector is or will be a productive solar collector within one year of application; c. Descriptive drawings of the solar collector showing its dimensions and precise location; d. A sun chart and a statement of the solar heating hours for which solar access is sought; e. A statement that there is no reasonable alternative location for the solar collector that would result in a lesser burden on a neighboring lot; f. A statement that trimming the vegetation on the applicant's lot will not permit an alternative location that would lessen the burden on a neighboring lot; g. A list of the lots that are within 150 feet to the south, southeast, or southwest of the solar collector, including streets, alleys and other unbuildable areas; a legal description for each such lot; the owner of record and his address; the exempt vegetation located on the lot; and any existing nonexempt vegetation likely to encroach on the protected area; h. A statement that none of the lots impacted is located on a north -facing slope with a grade that exceeds, on average, 15 percent; and i. A plot plan showing the location of and delineating all exempt and nonexempt vegetation as shown on the sunchart photograph as well as any nonexempt vegetation not shown on the sunchart which may encroach on the protected area in the future. The plot plan shall also include: 1) The exact site of the solar collector, its height and its orientation. 2) Scale. 3) An indication of true north. 4) A survey of the lot. 3. The solar access permit application shall be approved if: a. The solar collector is or will be a productive solar collector; b. The protected area to be created by the solar access permit is reasonably located. A solar access permit shall be denied under DCC 18.116.190(B)(3)(b) if the applicant could trim his own EXHIBIT D TO ORDINANCE NO.2020-012 vegetation to permit an alternative location that would be less burdensome upon a burdened neighboring lot. A solar access permit shall also be denied under DCC 18.116.190(B)(3)(b) if there is an alternate location that would impose a lesser burden on a neighboring lot or lots; c. The applicant requests solar heating hours no greater than two hours before and after the solar zenith from September 22 to March 21, and three hours before and after the solar zenith from March 22 to September 21; d. The solar access provided by the permit does not burden any lot with a north facing slope with a grade that exceeds, on average,15 percent; or which is more than 150 feet from the solar collector; and e. The application is accurate and complete. C. Solar Access Permit Issuance and Recordation. 1. Upon the approval of an application, the County shall issue and acknowledge a solar access permit creating the solar access requested in the application. 2. Upon receiving such a permit, the County Clerk shall: a. Record the solar access permit in the chain of title of the applicant's lot and of each neighboring lot identified in the application; and b. Keep a copy of the approved application on file in County records. 3. The form of the solar access permit shall be as prescribed by the County and shall contain, at a minimum: a. A legal description of the applicant's lot and each neighboring lot to be burdened by the solar access created by the solar access permit; and b. A complete description of the solar access restrictions applicable to each neighboring lot, including the solar heating hours during which solar access is provided, and a sun chart showing the plotted skyline, including vegetation and structures, and a scaled drawing showing the size and location of the protected area and its orientation with respect to true south; and c. A reference to where the approved application may be obtained. D. Obligation Created by Solar Access Permit. The owner of any lot burdened by a solar access permit shall trim any vegetation not exempted on the burdened lot that shades the protected area created by the solar access permit, provided that there is no vegetation on the lot benefited by the solar access permit that also shades the protected area. The cost of such trimming shall be borne by the owner of the benefited lot if the vegetation existed at the time of permit application as shown on the plot plan; and for all other vegetation, by the owner of the burdened lot. Before any trimming is required, the collector owner must certify that the collector is still productive. E. Termination of Solar Access Permit. 1. The Planning Director or Hearings Body shall terminate the solar access permit with respect to all or part of the neighboring lots burdened by the solar access permit if a petition for termination is submitted by the applicant or the applicant's successor in interest or the collector is not productive for 12 consecutive months. 2. The County Clerk shall record the termination of the solar access permit in the chain of title of each lot affected by the termination. (Ord. 93-043 §19G, 1993; Ord. 91-020 §1, 1991; Ord. 83-037 §3, 1983) 18.116.200. (Repealed by Ord. 98-062, 1998) 18.116.210. Residential Homes and Residential Facilities. A. Residential homes and residential facilities shall be permitted in the same manner that single-family dwellings are permitted under DCC Title 18. For the purposes of DCC Title 18, the term "dwelling" or "single-family dwellings" shall be synonymous with the terms "residential home" or "residential facility." EXHIBIT D TO ORDINANCE NO.2020-012 B. In any application for a residential home or residential facility, the applicant shall not be required to supply any information concerning the existence of or the nature or severity of any handicap (as that term is defined under the Fair Housing Act) of prospective residents. (Ord. 91-038 §3, 1991) 18.116.215. Family Childcare Provider. A. A family childcare provider's home shall be considered a residential use of property, permitted in all areas zoned for residential and commercial purposes, including areas zoned for single-family dwellings. B. The family childcare provider's home is subject to the same restrictions imposed on any residential dwelling in the same residential or commercial zone. (Ord. 97-003 §3, 1997) 18.116.220. Conservation Easements on Property Adjacent to Rivers and Streams -Prohibitions. A. As a condition of approval of all land use actions involving property adjacent to the Deschutes River, Crooked River, Fall River, Little Deschutes River, Spring River, Paulina Creek, Whychus Creek and Tumalo Creek, the property owner shall convey to the County a conservation easement, as defined in DCC 18.04.030, "Conservation Easement," affecting all property on the subject lot which is within 10 feet of the ordinary high water mark of the river or stream. B. The form of the conservation easement shall be as prescribed by the County and may contain such conditions as the County deems necessary to carry out the purposes described in DCC 18.04.030, "Conservation Easement." C. Any public access required as part of a conservation easement shall be subject to the following conditions: 1. Public access shall be limited to foot traffic for recreational purposes and the putting in or taking out of boats. 2. Unless otherwise permitted by the affected property owner, public access does not allow public passage through other private property to gain access to the property subject to the conservation easement. 3. Unless otherwise permitted by state law, County ordinance or the property owner, no person on the subject property as a result of a public access requirement of a conservation easement shall deposit solid waste, damage or remove any property, (including wildlife and vegetation) maintain or ignite fires or fireworks, discharge firearms or camp. (Ord. 91-020 §1, 1991; Ord. 89-004 §3, 1989; Ord. 86-054 §2, 1986) 18.116.230. Standards for Class I and II Road Projects. Class I and II road or street projects shall be reviewed against the applicable Comprehensive Plan Transportation Plan element, shall be consistent with applicable road standards and shall meet the following criteria: A. Compatibility with existing land use and social patterns, including noise generation, safety hazards (e.g. children in a residential area), and zoning. B. Environmental impacts, including hazards imposed to and by wildlife (e.g. migration or water use patterns). C. Retention of scenic quality, including tree preservation. D. Means to improve the safety and function of the facility, including surrounding zoning, access control and terrain modifications. E. In the case of roadways where modification results in a change of traffic types or density, impacts on route safety, route land use patterns, and route nonmotorized/pedestrian traffic. F. Consideration of the potential developmental impact created by the facility. G. Cost effectiveness. (Ord. 93-043 § 19H, 1993) EXHIBIT D TO ORDINANCE NO.2020-012 18.116.240. Protection of Historic Sites. Historic sites listed and described on the County's Goal 5 inventory, contained in the Resource Element of the comprehensive plan, shall be protected or not protected in accordance with programs set forth in the ESEE determinations for each individual site, adopted as part of the Resource Element of the comprehensive plan and any comprehensive plan policies specifically applicable to the site, and as specified in DCC Chapter 2.28, Historic Preservation and Historic Landmarks Commission. The uses allowed and dimensional standards prescribed by the underlying zoning designations for designated historic sites are not otherwise affected by the historic designation. (Ord. 2014-009 §4, 2014; Ord. 94-030 § 1, 1994) 18.116.250. Wireless Telecommunications Facilities. A. Tier 1 Facilities. Wireless telecommunications facilities that do not require aviation lighting, that utilize natural wood colors or muted tones from amongst colors approved by Ordinance 97-017, that utilize a radio equipment cabinet or shelter that is less than 200 square feet in area and less than 10 feet in height, and that meet the following standards are allowed outright in any zone other than the Exclusive Farm Use, the Surface Mining Zone, and the Forest Zones and shall not be subject to any other provision of the zone: 1. Facilities established by co -locating an additional set of antennas on an existing wireless telecommunications tower or monopole that do not exceed the County approved height of the tower or monopole. Notwithstanding any provision of DCC 18.116.250(A), facilities established under DCC 18.116.250(A)(1) are permitted outright in any zoning district. 2. Facilities that make use of existing vertical, lawfully established structures, including but not limited to power or telephone utility poles or towers, parking lot or street lighting standards or flagpoles. A pole location in a public right of way shall not be fenced. Antennas established on an existing vertical structure shall be installed so that they do not exceed the height of the existing vertical structure by more than 15 feet. New structures in this category are limited to equipment shelters that do not require a building permit. Walk-in equipment shelters shall be set back out of any road right of way at least 20 feet back from the pole location. Any necessary road right of way permits shall be obtained from the Deschutes County Road Department. Equipment cabinets shall be subject only to the road right of way setback requirements. 3. Facilities that are established by attaching or placing an antenna or set of antennas on an existing, lawfully established building not designated as an historic structure, where the antenna array does not exceed the height of the building by more than 15 feet. All equipment shall be stored inside a building. 4. Facilities that include installation of a new wood monopole that does not exceed the height limit of the underlying zone, and does not exceed 45 feet in height. All equipment shall be stored in a building that has a floor area that does not exceed 200 square feet in area and does not exceed 10 feet in height. The monopole, and any building, shall be set back from adjacent property lines according to the setbacks of the underlying zone. Any microwave dishes installed on the monopole shall not exceed a diameter of four feet. No more than two dishes shall be installed on a monopole or tower. The perimeter of a lease area for a facility established under DCC 18.116.250(A)(4) shall be landscaped with shrubs eight feet in height and planted a maximum of 24 inches on center. B. Tier 2 Facilities. Wireless telecommunications facilities that do not require aviation lighting, that utilize a wood monopole for supporting antennas and/or microwave dishes and that meet the criteria in DCC 18.116.250 are allowed outright, subject to site plan review under DCC 18.116.250(B) (and not DCC 18.124.060) in the following zones: La Pine Commercial District (LPCD), La Pine Industrial District (LPID), Rural Industrial (RI), Rural Service Center (RSC), Rural Service Center-Wickiup Junction (RSC- WJ), Terrebonne Commercial District (TeC), and Tumalo Commercial District (TuC). Lattice towers or metal monopoles are not permitted with a Tier 2 facility. EXHIBIT D TO ORDINANCE NO.2020-012 1. An application for site plan review for a Tier 2 wireless telecommunications facility shall meet the following criteria: a. Maximum Monopole Height. In the LPCD, LPID, RSC, RSC-WJ, TeC, and TuC zones, the maximum height of a monopole, including antennas and microwave dishes for a wireless telecommunications facility shall be 60 feet from finished grade. In the RI Zone, the maximum height of a monopole, including antennas and microwave dishes, for a wireless telecommunications facility shall be 75 feet from finished grade. b. Setbacks. All equipment shelters shall be set back from property lines according to the required setbacks of the underlying zone. A monopole shall be set back from any adjacent dwelling a distance equal to the height of the monopole, including antennas and microwave dishes, from finished grade, or according to the setbacks of the underlying zone, whichever is greater. c. Shelters. Any equipment shelter shall be finished with natural aggregate materials or from colors approved with Ordinance 97-017. d. Landscaping. The perimeter of a lease area shall be landscaped with plant materials appropriate for its location. The lessee shall continuously maintain all installed landscaping and any existing landscaping used to screen a facility. e. Cabinets. Any equipment cabinets shall be finished with colors from amongst those colors approved with Ordinance 97-063. Such colors shall be non -reflective and neutral. f. Fences. A sight obscuring fence, as defined by DCC Title 18, shall be installed around the perimeter of the lease area. The sight obscuring fence shall surround the monopole and the equipment shelter. C. Tier 3 Facilities. Wireless telecommunications facilities (or their equivalent uses described in the EFU, Forest, and SM Zones) not qualifying as either a Tier 1 or 2 facility may be approved in all zones, subject to the applicable criteria set forth in DCC 18.128.330 and 18.128.340. 1. A request for a written determination from the County as to whether a proposed facility falls within Tiers 1 or 2 of DCC 18.116.250 shall be submitted to the County in writing and accompanied by a site plan and proposed schematics of the facility. If the County can issue a written determination without exercising discretion or by making a land use decision as defined under ORS 197.015(10), the County shall respond to the request in writing. 2. A request for a written determination from the County as to whether a proposed facility falls within Tiers 1 or 2 of DCC 18.116.250 that involves exercising discretion or making a land use decision shall be submitted and acted upon as a request for a declaratory ruling under DCC 22.40. (Ord. 2010-011 §1, Ord. 2000-19 §1, 2000; Ord. 97-063 §1, 1997; Ord. 97-017 §7, 1997) 18.116.260. Rock Crushing Outside the SM Zone. A. The following standards apply to all on -site rock crushing activity outside the SM zone: 1. The subject property has received site plan, tentative plat or final plat approval for the construction or maintenance activity for which on -site rock crushing occurs; 2. Rock crushing equipment has a valid Oregon Department of Environmental Quality air contaminant discharge permit; 3. The volume of material excavated on -site does not exceed the amount necessary to complete on -site construction and maintenance; 4. Rock crushing equipment and all activity directly associated with crushing such as truck traffic is located at least 500 feet from the nearest noise -sensitive or dust -sensitive use or structure, unless an exception to this standard is allowed pursuant to DCC 18.116.260(F); 5. No off -site material is brought on site for crushing; 6. Rock crushing equipment is removed from the site within 30 days of completing the crushing activity; and EXHIBIT D TO ORDINANCE NO.2020-012 7. Excavated and crushed material not used for on -site construction or landscaping is removed from the site prior to occupancy, where a site plan is approved, or within 60 days of completing all road, utility or other improvements where a tentative or final plat is approved. B. On -site rock crushing for on -site construction and maintenance is permitted outright in any zone, except Flood Plain (FP), or in any combining zone, except Wildlife Area (WA), Landscape Management (LM), or Sensitive Bird and Mammal Habitat (SBMH), if the requirements of DCC 18.116.260(A) and the following standards are met: 1. Rock crushing activity, including set up and crushing, occurs for no more than 60 consecutive days on a site within any one-year period; 2. Rock crushing occurs Monday through Friday, between 7:00 a.m. and 5:00 p.m., and not on legal holidays; and 3. Water is available on -site to provide dust control. C. Except for the activity allowed outright as set forth under DCC 18.116.260(B), a temporary use permit for rock crushing for on -site construction and maintenance may be permitted in any zone or combining zone subject to approval of the Planning Director or Hearings Body under the provisions of DCC 18.116.260(D). D. Use limitations. On -site rock crushing provided for in DCC 18.116.260(C) may be approved upon satisfaction of the requirements in DCC 18.166.260(A) and the following: 1. The site under consideration is suitable for rock crushing and rock crushing is compatible with the existing uses within 500 feet of the rock crushing equipment, based upon the proposed duration of use of the equipment and the natural and physical features of the site, including but not limited to, general topography, natural hazards and natural resource values; 2. An engineer registered in Oregon verifies in writing that the operation of the rock crushing equipment will meet applicable DEQ noise standards; and 3. Sufficient water is available on -site to provide approved methods of dust control. E. Application requirements. An application for a temporary use permit for on -site rock crushing shall contain the following: 1. A detailed explanation of the proposed construction and rock crushing activities, including the duration and operating characteristics of rock crushing; 2. A map drawn to scale showing the location of property boundaries, setbacks to the rock crushing activity and any topographic features in the immediate vicinity of the proposed rock crusher; 3. A written explanation describing how each of the requirements in DCC 18.116.260(D) will be met; and 4. Any additional information which will assist in the evaluation of the proposed rock crushing. F. Setback exceptions. An exception to the setback requirement in DCC 18.116.260(A) shall be allowed pursuant to a notarized written agreement for a lesser setback made between the owner of the noise sensitive or dust -sensitive use or structure located within 500 feet of the proposed rock crushing activity and the owner or operator of the rock crusher. (Ord. 2019-010 § 1, 2019; Ord. 2018-005 § 13 repealed; Ord. 97-006 §2, 1997) 18.116.270. Conducting Filming Activities in All Zones. Any use of land or activity involving on -site filming and accessory and supporting activities as those terms are defined in DCC 18.116.270 shall be governed by the provisions of DCC 18.116.270 and shall govern in any conflict with other provisions of DCC Title 18 or DCC Title 22. A. On -site filming and activities accessory to on -site filming are permitted outright in any zone or combining zone of the County if: 1. The activity would involve no more than 45 days on any site within any one-year period; or 2. The activity does not involve erection of sets that remain in place for filming longer than any 45-day period and does not involve fill and removal activities regulated by DCC Title 18, involve activities EXHIBIT D TO ORDINANCE NO.2020-012 within a sensitive habitat area governed by DCC 18.90 or involve activities, improvements or structures covered by DCC 18.96; and 3. All evidence of filming activity and sets is removed from the site and the site is restored to its previous condition within 15 days after the filming is complete. B. Except for the activities allowed outright as set forth under DCC 18.116.270(A), on -site filming and activities accessory to and/or supporting on -site filming may be conducted in any zone or combining zone subject to the approval of the Planning Director or Hearings Body under the provisions of DCC 18.116.270(C). For the purposes of DCC 18.116.270(B) only, "support activities" shall include office administrative functions such as payroll and scheduling; the use of campers, truck trailers and similar temporary facilitates; and temporary facilities used for housing of security personnel. C. Use Limitations. Any use of land or activity involving on -site filming and activities accessory to and/or supporting on -site filming provided for under DCC 18.116.270(B) may be approved upon satisfaction of the following criteria: 1. General Limitations. a. The site under consideration is suitable for the proposed filming or accessory activity based upon the following factors: 1) The design, operating characteristics and duration of the use; 2) Adequacy of transportation access to the site; and 3) The natural and physical features of the site, including but not limited to, general topography, natural hazards and natural resource values. b. The proposed use will be compatible with the existing uses on surrounding properties based upon the factors listed in DCC 18.116.270(C)(1)(a)(i), (ii) and (iii). 2. Special Limitations. In addition to the general limitations set forth under DCC 18.116.270(C)(1)(a) and (b), the following additional special limitations shall be applied, where applicable: a. Filming and accessory or supporting activities proposed for a site designated as exclusive farm use by the zoning ordinance shall be subject to applicable provisions of ORS 215.296. b. Filming and accessory or supporting activities involving structures or improvements regulated under DCC 18.96 (flood plain zone) shall be subject to the applicable provisions of DCC 18.96 unless the Federal Emergency Management Agency authorizes a waiver of the provisions of DCC 18.96. c. Filming and accessory or supporting activities necessitating fill or removal activities shall comply with the applicable provisions of DCC 18.128.270, except that no conservation agreement shall be required where the fill is associated with a temporary structure or improvement and such fill would be removed along with the temporary structure or improvement under a fill and removal permit required by the County. d. Filming and accessory or supporting activities shall not be allowed in any sensitive habitat area designated under DCC 18.90 during the nesting period identified in the ESEE for each site. 3. At the completion of filming, any structure or improvement for which land use approval would otherwise be required shall obtain the required approvals or the structure or improvement shall be removed. The County may require the applicant to post a bond in an amount sufficient to cover the cost of removal for any such structure or improvement. 4. The standards of DCC 18.116.270(B) may be met by the imposition of conditions calculated to ensure that this standard will be met. D. Procedures for review. All applications subject to DCC 18.116.270 shall be processed in accordance with DCC Title 22 with the exception that the Board of County Commissioners shall be the initial hearings body. E. Definitions. 1. For the purposes of DCC 18.116.270 "on -site filming and activities accessory to on -site filming" means: a. Filming and site preparation, construction of sets, staging, make-up and support services customarily provided for on site filming. EXHIBIT D TO ORDINANCE NO.2020-012 b. Production of advertisements, documentaries, feature films, television series and other film productions that rely on the qualities of the zone in which the filming is to be located in more then an incidental way. 2. For the purposes of DCC 18.116.270 "on -site filming and activities accessory to on -site filming" do not include: a. Facilities for marketing, editing and other such activities that are allowed only as a home occupation; or b. Construction of new structures that require a building permit. (Ord. 2019-010 § 1, 2019; Ord. 2018-005 § 13 repealed; Ord. 97-007 § 1, 1997) 18.116.280. Home Occupations. A. Home Occupations Permitted Outright In All Zones. 1. Home occupations that operate from within a dwelling, have characteristics that are indistinguishable from the residential use of a dwelling, and meet the criteria in paragraph (A)(2) shall be considered uses accessory to the residential use of a dwelling. 2. Home occupations under this subsection that meet the following criteria are uses permitted outright under Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance, in all zones: a. Is conducted within a dwelling only by residents of the dwelling; b. Does not serve clients or customers on -site; c. Does not occupy more than 25 percent of the floor area of the dwelling; d. Does not produce odor, dust, glare, flashing lights, noise smoke or vibrations in excess of that created by normal residential use. e. Does not include the on -site advertisement, display or sale of stock in trade. B. Types. In addition to the home occupations allowed in Section A above, three Types of home occupations maybe allowed with limitations on location and intensity of allowed uses. Type 1 allows low intensity uses and Types 2 and 3 allow progressively greater intensity of uses. C. Type 1. Where permitted outright, a Type 1 home occupation does not require a land use permit but shall be subject to the following criteria. A Type 1 home occupation: 1. Does not require a minimum parcel size. 2. Is conducted within a dwelling or a residential accessory structure only by residents of the dwelling 3. Does not occupy more than 25 percent of the combined floor area of the dwelling including attached garage and one accessory structure. 4. Creates no more than five (5) trips to the site per day for customers or clients, including parcel delivery services; 5. May include employees or contractors that work off - site; 6. Does not produce prolonged odor, dust, glare, flashing lights or noise smoke, and vibrations in excess of that created by normal residential use 7. Does not involve the on -site advertisement display or sale of stock in trade, other than vehicle or trailer signage. 8. Does not include building or ground mounted signs. 9. Does not include outsides storage of equipment or materials used in the operation of the home occupation. 10. Has adequate access and on -site parking for not more than one (1) customer, or delivery vehicle at any given time. 11. Allows on -site one (1) business -related vehicle or truck not exceeding 15,000 pounds gross vehicle weight and one (1) other non -motorized wheeled equipment (trailer) which shall not exceed 3,000 pounds gross vehicle weight. 12. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division and any other applicable state or federal laws. Compliance with the EXHIBIT D TO ORDINANCE NO.2020-012 requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state -adopted building code. 13. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource -oriented character of its location. 14. Does not involve any external changes to the dwelling in which the home occupation will be established that would give the dwelling an outward appearance of a business. 15. Allows for servicing, inspecting, loading, and or dispatching of vehicles and equipment incidental to the home occupation and stored within the dwelling, attached garage or accessory structure. D. Type 2. A Type 2 home occupation may be allowed as a conditional use with an approved conditional use permit subject to the approval criteria below. A Type 2 home occupation is not subject to the approval criteria for a conditional use permit in DCC Chapter 18.128.015 or a site plan review under DCC Chapter 18.124. Type 2 home occupations are subject to the standards of the zone in which the home occupation will be established A Type 2 home occupation: 1. Is conducted from a property that is at least one-half (1/2) acre in size. 2. Is conducted within a dwelling and/or an accessory structure by residents of the dwelling and no more than two (2) employees who report to the property for work. 3. May include employees or contractors that work off site. 4. Does not occupy more than 25 percent, up to a maximum of 1,500 square feet, of the combined floor area of the dwelling, including attached garage and one (1) accessory structure. 5. May include on -site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. 6. Creates no more than ten (10) business -related vehicle trips to the site per day by employees, customers or clients, and parcel delivery services. 7. Has adequate access and on -site parking for not more than four (4) customer and employee, or delivery vehicles at any given time. 8. Is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, for operation. 9. Does not involve any external changes to the dwelling or the accessory structure in which the home occupation will be established that would give any building an outward appearance of a business. 10. Does not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations in excess of that created by normal residential use. 11. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state -adopted building code. 12. May have one (1) sign, ground -mounted or wall -mounted, as defined in DCC Chapter 15.08 that is no more than three (3) square feet in area, non -illuminated. The ground -mounted sign and support shall not exceed 6 feet in height and is located on the property from which the home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs. 13. May be subject to an annual inspection, as a condition of an approval, to ensure compliance with the requirements of this section and the conditions of an approved conditional use permit. 14. Allows on -site one (1) business -related vehicle or truck not exceeding 15,000 pounds gross vehicle weight and one (1) other non -motorized wheeled trailer which shall not exceed 10,000 pounds gross vehicle weight. 15. Does not include outside storage of equipment or materials used in operation of the home occupation. 16. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource -oriented character of its location. 17. All employee, customer and delivery vehicle parking spaces shall be on -site and shall be located outside of the required zone setbacks. 18. Any structure on the property where the home occupation is conducted shall be of a type normally associated with the zone where it is located. EXHIBIT D TO ORDINANCE NO.2020-012 19. Does not include structural alterations affecting the residential appearance of a building to accommodate the home occupation except when otherwise required by law, and, then, only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division. 20. Allows servicing, inspecting, loading, and or dispatching of vehicles and equipment incidental to the home occupation and stored within the dwelling, attached garage or accessory structure. 21. Does not include the following activities: a. Repair, towing, or storage of motorized vehicles and equipment, including but not limited to automobiles, trucks, trailers, recreational vehicles, and boats. b. Detailing, painting, and upholstery of motorized vehicles. c. Businesses that store and use vehicles with a gross vehicle weight rating of greater than or equal to 15,000 pounds or equipment with an operating weight greater than or equal to10,000 pounds. d. Appliance repair. e. Welding or machine shop. E. Type 3. Type 3 home occupations may be allowed as conditional uses with an approved conditional use permit. Such uses are subject to the standards of the zone in which the home occupation will be established, in DCC Section 18.128.015, and the following limitations. A Type 3 home occupation: 1. Is conducted from a property that is at least one-half (1/2) acre in size. 2. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource -oriented character of its location. 3. Is conducted within a dwelling and/or an accessory structure by residents of the dwelling and no more than two (2) employees who report to the property for work. May have a maximum of five (5) employees at the home occupation located on property in an EFU, MUA10, or RR10 zone and that is at least 10 acres in size. 4. May include employees or contractors that work off site. 5. Does not occupy more than 35 percent of the combined floor area of the dwelling, including an attached garage and one (1) accessory structure. 6. May include on -site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. 7. Creates no more than twenty (20) business -related vehicle trips to the site per day by employees, customers or clients, including parcel delivery services. 8. Has adequate access and on -site parking for not more than five (5) customer, employee, or delivery vehicles at any given time. 9. Is limited to the hours and days of operation proposed by an applicant and approved with a conditional use permit. 10. Does not involve any external changes to the dwelling or accessory structure in which the home occupation will be established that would give the dwelling an outward appearance of a business. 11. Does not produce prolonged odor, dust, glare, flashing lights, noise smoke, or vibrations in excess of that created by normal residential use. 12. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state -adopted building code. 13. May have one (1) sign, ground -mounted or wall -mounted, as defined in DCC Chapter 15.08 that is no more than three (3) square feet in area, non -illuminated. The ground -mounted sign and support structure shall not exceed 6 feet in height and is located on the property from which home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs. 14. May include outside storage of equipment and materials on parcels approved for a home occupation, not to be included in the 35 percent of combined floor area. EXHIBIT D TO ORDINANCE NO.2020-012 15. Allows for servicing, inspecting, loading, and or dispatching vehicles and equipment incidental to the home occupation and stored within the buffered and screened outside area. 16. Requires review of the home occupation approval every 12 months by the planning division to ensure compliance with the requirements of this section and the conditions required for approval of the use. 17. Conducts all home occupation activities within one or more structures on the property that are of a type normally associated with the zone where it is located. 18. Locates all employee, customer and delivery vehicle parking spaces on -site and outside of the required zone setbacks. 19. Parks all vehicles used by the operator to conduct the home occupation that have a gross vehicle weight of 15,000 or more pounds in a garage, an accessory structure, or within a screened area according to the requirements of DCC 18.116.280(E)(21)(a) through (e). 20. No structural alteration affecting the residential appearance of a building shall be allowed to accommodate the home occupation except when otherwise required by law, and then only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division. 21. Includes no outside storage unless the subject property is 10 or more acres in size and the storage is setback a minimum of 20 feet from all property lines, and is maintained to screen materials and equipment from residences on adjacent properties. The form of screening may include, but is not limited to: a. A sight -obscuring fence, as defined in DCC 18.04.030. b. Intervening tree cover. c. Topography. d. Existing buildings on site. e Introduced landscape materials, including, but not limited to, trees and/or shrubs on an earthen berm. F. Prohibited Uses: The following marijuana uses shall be prohibited as any home occupation: 1. Marijuana production; 2. Marijuana processing; 3. Marijuana retailing; and 4. Marijuana wholesaling. (Ord. 2016-015 §10, 2016; Ord 2007-021 §1, 2007; Ord 2004-002 §24, 2004) 18.116.290 Amateur Radio Facilities A. Amateur radio facilities shall meet the following criteria: 1. Antenna support structures, including guy wires and anchors shall be located outside of the required front, rear and side yard setbacks; 2. Metal structures shall have a galvanized finish, or flat or matte silver, or flat or matte gray in color; 3. Amateur radio facilities shall not include attached signage, symbols, or decorations, lighted or otherwise, other than required unlighted signage for safety or regulatory purposes; 4. The property owner shall obtain a valid building permit if required from the Deschutes County Community Development Department, Building Safety Division; 5. Compliance with Federal Regulations a. The property owner shall demonstrate compliance with applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Oregon Department of Aviation (ODA) restrictions. b. Compliance may be demonstrated by submitting copies of the FCC's, FAA's, and ODA's written determination to the Deschutes County Community Development Department, Building Safety Division at time of application for a building permit; and 6. FCC License EXHIBIT D TO ORDINANCE NO.2020-012 a. The property owner shall provide documentation of a current, valid FCC Amateur Radio License for the operation of amateur ("Ham") radio services in the name of property owner. b. Compliance may be demonstrated by submitting a copy of the property owner's Amateur Radio License to the Deschutes County Community Development Department, Building Safety Division at time of application for a building permit. (Ord. 2008-007 §2, 2008) 18.116.300. Wind Energy Systems that Generate Less than 100 kW A. DCC 18.116.300 applies only to non-commercial wind energy systems generating less than 100 kW of electricity. B. For purposes of this section, all tower height measurements are to be taken from the ground to the top of the turbine blade. C. Outright Permitted in All Zones, subject to the applicable provisions in this section: 1. A wind energy system that is accessory to the primary use of the property and is no higher than thirty- six (36) feet in height. 2. A wind energy system that is accessory to the primary use of the property generating 0 to 15 kW of electricity, greater than thirty-six (36) feet in height. D. Site Plan Review: A wind energy system that generates greater than 15 to 100 kW of electricity shall be permitted in all zoning classifications where accessory structures are permitted, subject to DCC Chapter, 18.124, Site Plan Review. E. Setback: 1. 0 to 100 kW wind energy systems for which the tower is 36 feet in height or less must, for all parts of the wind energy system, meet the setback requirements for accessory structures based on the underlying zoning. 2. 0 to 100 kW wind energy systems for which the tower is greater than 36 feet in height shall not allow any part of the wind energy system structure to extend closer than one times the height of the tower from the installation site to the nearest property boundaries. F. All wind energy systems subject to DCC 18.116.300(A) are also subject to the following: 1. Noise: a. Wind energy systems shall not exceed 60 decibels, as measured at the nearest property boundaries. b. The noise level may be exceeded during short-term events such as utility outages and/or severe storms. 2. Lighting: A wind tower or wind energy system shall not be artificially lighted unless such lighting is required by the FAA. 3. Signs: All signs, both temporary and permanent are prohibited, except as follows: a. Manufacturer's or installer's identification on the wind generator; or, b. Appropriate warning signs and placards. 4. Approved Wind Energy generator: Wind turbines must have been approved by Oregon Department of Energy or any other wind energy certification programs recognized by the American Wind Energy Association. 5. State Code Compliance: a. All wind energy systems shall comply with the currently adopted edition of the Oregon Structural Specialty Code, or if accessory to a single family dwelling, the Oregon Residential Specialty Code. b. Compliance with the National Electrical Code: Electrical permit applications shall be accompanied by a one -line diagram showing the system components and size and type of equipment in sufficient detail to demonstrate compliance with the current edition of the National Electrical Code. 6. Compliance with FAA Regulations: Wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. EXHIBIT D TO ORDINANCE NO.2020-012 7. Utility Notification: a. Wind energy systems shall not be installed until evidence has been given to the Planning Division that the utility company has been informed of the customer's intent to install an interconnected customer -owned generator. b. A wind energy system that supplies sufficient energy such that all uses on the property upon which the wind energy system is located are self-sufficient and completely independent of any other public or private energy utility shall be exempt from this requirement. 8. The color of the wind energy system shall be either an unobtrusive stock color form the manufacturer or pained in a non -reflective, unobtrusive color that blends in with the surrounding environment. 9. Prior to issuance of a building permit, the property owner shall record against the property a "Condition of Approval Agreement" that certifies the wind energy system will either be removed from the property or laid down on the ground, horizontally, at the property owner's sole expense, when use has been discontinued from operating for more than one (1) year. (Ord. 2011-009 § 1, 2011) 18.116.310 Traffic Impact Studies A. For purposes of DCC 18.116.310, the transportation system includes public and private roads, intersections, sidewalks, bike facilities, trails, and transit systems. B. The applicant shall meet with County staff in a pre -application conference to discuss study requirements, then generate the traffic study and submit it concurrently with the land use application. C. Guidelines for Traffic Impact Studies I. All traffic impact studies shall be stamped and signed by the registered professional engineer who is licensed in the State of Oregon and is otherwise qualified to prepare traffic studies. 2. The County Engineer shall determine when the report has satisfied all the requirements of the development's impact analysis. Incomplete reports shall be returned for completion. 3. The following vehicle trip generation thresholds shall determine the level and scope of transportation analysis required for a new or expanded development. a. No Report is required if there are fewer than 50 trips per day generated during a weekday. b. Site Traffic Report (STR): If the development or change in use will cause the site to generate 50-200 daily trip ends, and less than 20 peak hour trips, a Site Traffic Report may be required at the discretion of the County Engineer. c. Traffic Impact Analysis (TIA): If the development or change in use will generate more than 200 trip ends and 20 or more peak hour trips, then a Traffic Impact Analysis (TIA) shall be required. 4. The peak hour shall be the highest continuous hour of traffic measured between 4:00 and 6:00 PM, unless site trip generation characteristics warrant consideration of alternative periods as determined by the County Engineer. (An example would be a use with a high 7:00 and 9:00 AM peak and a low PM peak such as a school.) D. Traffic Study Area 1. After consulting with other affected jurisdictions, the County Engineer shall determine the impact analysis area. 2. The impact analysis study area shall include, at a minimum: a. All site access points to the public roadway system via either a driveway or private roadway; b. Nearest intersecting collector or arterial roads to the development that would experience an increase of 25 additional peak hour trips; c. Any other collector or arterial intersection requested by staff. E. Study Time Frames The analysis shall include the following time frames: 1. Existing conditions (including approved, but not yet built developments as identified by the County Engineer); EXHIBIT D TO ORDINANCE NO.2020-012 2. Completion year of each significant phase of the development; 3. Five year forecast after build out for each phase of development or the final phase of development. 4. Generators of large volumes of traffic (>5,000 daily and >500 peak hour trips), zone changes, and any destination resort development will also require an analysis of traffic conditions in a twenty- year horizon. F. Minimum Study Requirements for a Site Traffic Report (STR) The minimum study requirements for a Site Traffic Report are: 1. A vicinity map showing the location of the project in relation to the transportation system of the area; 2. Trip generation forecast using data from the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual unless more appropriate data is available and approved by the County Engineer; 3. Trip distribution and assignment; 4. Safety analysis of the site accesses, including sight distance and operation characteristics; 5. Description of the proposed development and surrounding land uses; G. Minimum Study Requirements for a Traffic Impact Analysis (TIA) The minimum study requirements for a Traffic Impact Report are: 1. A vicinity map showing the location of the project in relation to the transportation system of the area; 2. All of the elements of a STR; 3. Traffic signal progression analysis and interconnection if a new signal is proposed; 4. A response in the final report to any supplemental study issues identified by other affected jurisdictions; 5. Appropriate traffic calming techniques if the project distributes trips to a residential local road and is projected to increase the volumes on that road to a volume greater than 1,000 ADT; 6. Trip generation forecasts using data from the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual unless the County Engineer approves an alternate data source; 7. Trip distribution assumptions are based on historical data, existing and future travel characteristics, and capacity constraints; 8. A complete description and drawing of the proposed development. 9. Existing traffic volumes; 10. Existing and future levels of service, average vehicle delay and volume /capacity ratios (V/C) for all intersections within the study area for conditions with and without the proposed project; 11. Forecast traffic volumes with and without the development; 12. Safety analysis of the site accesses, include sight distance and operation characteristics; 13. Analysis of right and left turn lane warrants (Oregon Department of Transportation (ODOT) standards); 14. Analysis of parking needs of the proposed development; 15. When needed, warrant analysis for traffic control devices; 16. Findings and conclusions including a recommendation of suggested potential mitigation for off - site impacts and an evaluation of the effectiveness of those solutions. H. Operation And Safety Standards. The minimum operational and safety standards for use on Deschutes County's system are: 1. The minimum level of service for intersections and roads, during the P.M. Peak Hour, shall be LOS "D" as determined by the most current published version of the Transportation Research Board's Highway Capacity Manual. 2. For state highway intersections, the performance standard shall be determined by the Oregon Highway Plan or ODOT-approved alternative standard or target. 3. The minimum sight distance for driveways and intersections is defined in AASHTO's EXHIBIT D TO ORDINANCE NO.2020-012 "GEOMETRIC DESIGN OF HIGHWAYS AND STREETS" and the AASHTO "Design Guidelines for Very -Low Volume Local Roads (< 400 ADT)". I. Mitigation 1. The applicant shall be responsible to mitigate any safety or capacity problems that are caused by their proposed development. 2. At the County Engineer's discretion, if there are pre-existing safety deficiencies and/or capacity failures at relevant intersections or road frontages within the impact analysis area, then no additional development shall be allowed until a solution that accounts for the proposed project's additional impacts is funded or built. (Ord. 2014-017 §1, 2014) Section 18.116.320. Medical Marijuana Dispensary Medical marijuana dispensaries shall meet the following requirements: A. The location is subject to the Oregon Medical Marijuana Act under ORS Chapter 475. B. The hours of operation shall not exceed 10:00am to 7:00pm. C. The dispensary is registered with the Oregon Health Authority under the state of Oregon's medical marijuana facility registration system under ORS 475.300-475.346, and meeting the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities. D. The dispensary must be registered with the Oregon Health Authority under ORS 475.314 and comply with all OHA rules. E. The addition or conversion of the dispensary to recreational use marijuana sales and distribution is a change of the use and subject to County land use review and approval for alteration of the medical marijuana dispensary use. (Ord. 2015-004 § 10, 2015) 18.116.330. Marijuana Production, Processing, and Retailing A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU, and RI zones. 2, Marijuana Processing in the EFU, TeC, TeCR, TuC, TuI, RI, and SUBP zones 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, TuI, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 1. Minimum Lot Area. a. In the EFU zone, the subject legal lot of record shall have a minimum lot area of five (5) acres. 2. Indoor Production and Processing. a. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. b. In all zones, marijuana production and processing are prohibited in any outdoor area. 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: i. The marijuana production operation was lawfully established prior to January 1, 2015; and ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. EXHIBIT D TO ORDINANCE NO.2020-012 c. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. 4. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site shall be allowed per legal parcel or lot. 5. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 150 feet. b. Setback from an off -site dwelling: 400 feet. c. Setback from Federal public lands: 300 feet. For the purposes of this criterion, an off -site dwelling includes those proposed off -site dwellings with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County. d. Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. 6. Separation Distances. Minimum separation distances shall apply as follows: a. The applicant property line shall be located a minimum of 1,320 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; V. State, local, and municipal parks, including land owned by a parks district; vi. Redmond Urban Reserve Area; vii. The boundary of any local jurisdiction that has opted out of Oregon's recreational marijuana program; and viii. Any other lot or parcel approved by Deschutes County for marijuana production. b. For purposes of DCC 18.116.330(B)(6), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(6)(a) to the closest point of the applicant's property line of land occupied by the marijuana producer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.330(B)(6) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(B)(6) if the use is: i. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. 7. Access. Marijuana production sites shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. c. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information; EXHIBIT D TO ORDINANCE NO.2020-012 ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. 8. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from sunset to sunrise. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. 9. Odor. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. As used in DCC 18.116.330(B)(9), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. Odor produced by marijuana production and processing shall comply with the following: a. Odor control plan. To ensure that the standard stated in DCC 18.116.330(B)(9) is continuously met, the applicant shall submit an odor control plan prepared and stamped by a mechanical engineer licensed in the State of Oregon that includes the following; i. The mechanical engineer's qualifications and experience with system design and operational audits of effective odor control and mitigation systems; ii. A detailed analysis of the methodology, including verified operational effectiveness, that will be relied upon to effectively control odor on the subject property; iii. A detailed description of any odor control systems that will be utilized, including operational schedules and maintenance intervals; iv. Contingence measures if any aspect of the odor control plan fails or is not followed, or if it is otherwise shown that the standard stated in DCC 18.116.330(B)(9) is not met; v. Testing protocols and intervals; and vi. Identification of the responsible parties tasked with implementing each aspect of the odor control plan. b. Modifications. Significant modifications to the odor control plan, including but not limited to replacement of one system for another or a change in odor control methodology shall be approved in the same manner as a modification to a land use action pursuant to DCC 22.36.040. c. The system shall at all times be maintained in working order and shall be in use. 10. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Standard. To prevent unreasonable interference of neighbors' use and enjoyment of their property, sustained noise including ambient noise levels shall not be detectable beyond the applicant's property line above 45 dB(A) in total between 10:00 pm and 7:00 am the following day. i. For purposes of DCC 18.116.330(B)(10), "sustained noise" shall mean noise lasting more than five continuous minutes or five total minutes in a one hour period from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions associated with marijuana production and processing. b. Noise control plan. To ensure that the standard stated in DCC 18.116.330(B)(10) is continuously met, the applicant shall submit a noise control plan prepared and stamped by a mechanical engineer licenses in the State of Oregon that includes the following: i. The mechanical engineer's qualifications and experience with system design and EXHIBIT D TO ORDINANCE NO.2020-012 operational audit of effective noise control and mitigation systems; ii. A detailed analysis of the methodology that will be relied upon to effectively control noise on the subject property; iii. A detailed description of any noise control systems that will be utilized, including operational schedules and maintenance intervals; iv. Contingence measures if any aspect of the noise control plan fails or is not followed, or if it is otherwise shown that the standard stated in DCC 18.116.330(B)(10) is not met; v. Testing protocols and intervals; and vi. Identification of the responsible parties tasked with implementing each aspect of the noise control plan. c. Modifications. Significant modifications to the noise control plan, including but not limited to replacement of one system for another or a change in noise control methodology shall be approved in the same manner as a modification to a land use action pursuant to DCC 22.36.040. 11. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non -rigid structures and land areas used for marijuana production and processing: a. All marijuana uses, buildings, structures, fences, and storage and parking areas, whether a building permit is required or not, in the Landscape Management Combining Zone, shall comply with and require DCC 18.84, Landscape Management Combining Zone approval. b. Fencing and screening shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. 12. Water. Applicant shall state the anticipated amount of water to be used, as stated on the water right, certificate, permit, or other water use authorization, on an annual basis. Water use from any source for marijuana production shall comply with all applicable state statutes and regulations. The applicant shall provide: a. An Oregon Water Resources Department (ORWD) Certificate(s), permit, or other water use authorization proving necessary water supply of proper classification will be available for intended use during required seasons, regardless of source; or b. A source water provider Will Serve statement referencing valid Water Right to be utilized, if any, as well as a Will Haul statement, including the name and contact information of the water hauler; or c. In the alternative to (a) and (b) above, proof from Oregon Water Resources Department that the water supply to be used does not require a Water Right for the specific application use classification, volume, and season of use (i.e., roof -collected water). d. If the applicant is proposing a year-round production facility, the water right, certificate, permit, or other water use authorization must address all permitted sources of water for when surface water is unavailable. e. In the event that the water source for the facility changes from the use of an ORWD certificate, permit, or other water use authorization to the use of a water hauler, or from the use of a water hauler to another source, a modification to a land use action pursuant to DCC 22.36.040 is required. 13. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall EXHIBIT D TO ORDINANCE NO.2020-012 only be permitted on properties located within the boundaries of or under contract with a fire protection district. 14. Utility Verification. Utility statements identifying the proposed operation, or operational characteristics such as required electrical load and timing of such electrical loads and a statement from each utility company proposed to serve the operation, stating that each such company is able and willing to serve the operation, shall be provided. The utility shall state that it has reviewed the new service or additional load request and determined if existing capacity can serve the load or if a system upgrade is required. Any new service request or additional load request requiring an upgrade shall be performed per the serving utility's stated policy. 15. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public rights -of -way, except as required to comply with requirements of the OLCC or the OHA. 16. Secure Waste Disposal. a. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). b. Wastewater generated during marijuana production and/or processing shall be disposed of in compliance with applicable, federal, state, and local laws and regulations. 17. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with Ordinance 2016-015 and the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-12, 16, 17) by December 8, 2016. 18. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. b. In the EFU and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production: i. Guest Lodge. ii. Guest Ranch. iii. Dude Ranch. iv. Destination Resort. v. Public Parks. vi. Private Parks. vii. Events, Mass Gatherings and Outdoor Mass Gatherings. viii. Bed and Breakfast. ix. Room and Board Arrangements. 19. Compliance. a. Odor. On -going compliance with the odor control plan is mandatory and shall be ensured with a permit condition of approval. The odor control plan does not supersede required compliance with the standard set forth in DCC 18.116.330(B)(9). If provided in applicable state statutes, private actions alleging nuisance or trespass associated with odor impacts are authorized. b. Noise. On -going compliance with the noise control plan is mandatory and shall be ensured with a permit condition of approval. The noise control plan does not supersede required compliance with the standard set forth in DCC 18.116.330(B)(10). If provided in applicable state statutes, private actions alleging nuisance or trespass associated with noise impacts are authorized. EXHIBIT D TO ORDINANCE NO.2020-012 C. Marijuana Retailing. Marijuana retailing, including recreational and medical marijuana sales, shall be subject to the following standards and criteria: I . Hours. Hours of operation shall be no earlier than 9:00 a.m. and no later than 7:00 p.m. on the same day. 2. Odor. The building, or portion thereof, used for marijuana retailing shall be designed or equipped to prevent detection of marijuana plant odor off premise by a person of normal sensitivity. 3. Window Service. The use shall not have a walk-up or drive-thru window service. 4. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant. 5. Minors. No person under the age of 21 shall be permitted to be present in the building, or portion thereof, occupied by the marijuana retailer, except as allowed by state law. 6. Co -Location of Related Activities and Uses. Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In addition, marijuana retailing shall not be co -located on the same lot or parcel or within the same building with any marijuana social club or marijuana smoking club. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1,000 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed family child care which occurs at or in residential structures; iv. A youth activity center; v. National monuments and state parks; and vi. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary registered with the OHA. b. For purposes of DCC 18.116.330(C)(7), distance shall be measured from the lot line of the affected property to the closest point of the building space occupied by the marijuana retailer. For purposes of DCC 18.116.330(C)(7)(a)( vi), distance shall be measured from the closest point of the building space occupied by one marijuana retailer to the closest point of the building space occupied by the other marijuana retailer. c. A change in use to another property to a use identified in DCC 18.116.330(C)(7), after a marijuana retailer has been licensed by or registered with the State of Oregon shall not result in the marijuana retailer being in violation of DCC 18.116.330(C)(7). D. Inspections and Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. An optional statement of annual water use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. EXHIBIT D TO ORDINANCE NO.2020-012 d. As a condition of approval, the applicant must consent in writing to allow Deschutes County to, randomly and without prior notice, inspect the premises and ascertain the extent and effectiveness of the odor control system(s), compliance with Deschutes County Code, and applicable conditions of approval. Inspections may be conducted by the County up to three (3) times per calendar year, including one inspection prior to the initiation of use. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. Documentation that System Development Charges have been paid. g. This information shall be public record subject to ORS 192.502(17). h. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(D)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorized permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. (Ord. 2018-012 §3, 2018; Ord. 2016-015 §10, 2016) 18.116.340. Marijuana Production Registered by the Oregon Health Authority (OHA) A. Applicability. Section 18.116.340 applies to: 1. All marijuana production registered by OHA prior to June 1, 2016; and 2. All marijuana production registered by OHA on or after June 12016 until the effective date of Ordinances 2016-015, 2016-16, 2016-17, and 2016-18, at which time Ordinances 2016-015 through Ordinance 2016-018 shall apply. B. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by September 15, 2016: 1. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from sunset to sunrise. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. C. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by December 15, 2016: 1. Odor. As used in DCC 18.116.340(C), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property. c. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute. d. The odor control system shall: i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by i. above. e. The system shall be maintained in working order and shall be in use. EXHIBIT D TO ORDINANCE NO.2020-012 2. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. b. Sustained noise from marijuana production is not subject to the Right to Farm protections in DCC 9.12 and ORS 30.395. Intermittent noise for accepted farming practices is however permitted. 3. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non -rigid structures and land areas used for marijuana production and processing: a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. 4. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or c. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. 5. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public rights -of -way, except as required to comply with requirements of the OLCC or the OHA. 6. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). 7. Inspections and Annual Reporting. All marijuana production registered by OHA prior to June 1, 2016 shall comply with DCC 18.116.340(D)(8) when site locations are identified or otherwise disclosed by the State of Oregon. D. All new marijuana production registered by OHA on or after June 1, 2016 shall comply with DCC 18.116.330(A, B and D). (Ord. 2018-012 §3, 2018; Ord. 2016-019 §1, 2016) 18.116.350. Accessory Dwelling Units in RR10 and MUA Zones A. As used in this section: 1. "Accessory dwelling unit" means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling. 2. "Area zoned for rural residential use" means land that is not located inside an urban growth boundary as defined in ORS 195.060 and that is subject to an acknowledged exception to a EXHIBIT D TO ORDINANCE NO.2020-012 statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use. 3. "Historic home" means a single-family dwelling constructed between 1850 and 1945. 4. "New" means that the dwelling being constructed did not previously exist in residential or nonresidential form. "New" does not include the acquisition, alteration, renovation or remodeling of an existing structure. 5. "Place a manufactured home" means the placement of a manufactured home that did not previously exist on the subject lot of record; it may include the placement of a manufactured home that was previously used as a dwelling on another lot and moved to the subject lot of record. 6. "Single-family dwelling" means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type. B. An owner of a lot or parcel within an area zoned for rural residential use (RR10 and MUA zones) may construct a new single-family dwelling or place a manufactured home on the lot or parcel, provided: 1. The lot or parcel is not located in an area designated as an urban reserve as defined in ORS 195.137; 2. The lot or parcel is at least two acres in size; 3. A historic home is sited on the lot or parcel; 4. The owner converts the historic home to an accessory dwelling unit upon completion of the new single-family dwelling or placement of a manufactured home; and 5. The accessory dwelling unit may be required to comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment. C. The construction of an accessory dwelling under subsection (B) of this section is a land use action subject to DCC 22.20. D. An owner that constructs a new single-family dwelling or places a manufactured home under subsection (B) of this section may not: 1. Subdivide, partition or otherwise divide the lot or parcel so that the new single-family dwelling or manufactured home is situated on a different lot or parcel from the accessory dwelling unit. 2. Alter, renovate or remodel the accessory dwelling unit so that the square footage of the accessory dwelling unit is more than 120 percent of the historic home's square footage at the time construction of the new single-family dwelling commenced. 3. Rebuild the accessory dwelling unit if the structure is deemed a dangerous building due to fire or other natural disaster, pursuant to the Uniform Code for the Abatement of Dangerous Buildings, which defines "dangerous building" as "Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location." 4. Construct an additional accessory dwelling unit on the same lot or parcel. E. A new single-family dwelling constructed or a manufactured home placed under this section may be required to be served by the same water supply source as the accessory dwelling unit. F. Owner occupancy of either the accessory dwelling unit or the new single-family dwelling is not required. However, the new single-family dwelling and the accessory dwelling unit may not be used simultaneously for short-term rentals of thirty (30) consecutive days or less. (Ord. 2019-009 §3, 2019) EXHIBIT D TO ORDINANCE NO.2020-012 TABLE 1 DCC Section 18.116.030 OFF-STREET PARKING LOT DESIGN A B C D E F 9'-0" 9.0 12.0 22.0 30.0 . 00 9'-6" 9.5 12.0 22.0 31.0 10'-0" 10.0 12.0 22.0 32.0 9'-0" 19.8 13.0 12.7 52.5 450 9'-6" 20.1 13.0 13.4 53.3 10'-0" 20.5 13.0 14.1 54.0 9'-6" 21.2 18.0 11.0 60.4 600 10'-0" 21.5 18.0 11.9 61.0 9'-0" 21.0 19.0 9.6 61.0 700 9'-6" 21.2 18.5 10.1 60.9 10'-0" 21.2 18.0 10.6 60.4 9'-0" 20.0 24.0 9.0 64.0 900 9'-6" 20.0 24.0 9.5 64.0 10'-0" 20.0 24.0 10.0 64.0 A. Parking Angle B. Stall Width C. 20' Stall D. Aisle Width -One Way* E. Curb Length Per Car F. Bay Width * 24' Minimum for Two -Way Traffic EXHIBIT D TO ORDINANCE NO.2020-012 REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Titles 1, 15, and 18 to Incorporate Changes to * ORDINANCE NO.2020-012 Chapter 1 of the Oregon State Structural Code, Changes to the Oregon Fire Code, and Housekeeping Amendments Available for Local Adoption to Ensure the Overall Safety and Effectiveness of the Community Development Program. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-20-000145-TA) to the Deschutes County Code (DCC) Title 1, Chapters 1. 15, Utility Connections, to provide regulatory authority to the Building Official regarding utility connections; Title 1, Chapters 1.16, Code Violations and Enforcement, to provide right -of -entry authority to the Building Official and Code Enforcement Officials; and Title 15, Chapter 15.04, Building and Construction Codes and Regulations, to outline County regulatory authority over structures in accordance with ORS 455.020(4), to adopt local amendments concerning the Oregon Fire Code, and to clarify certificate of occupancy issuance requirements; and Title 18, Chapter 18.116, Supplementary Provisions, to reference the fencing requirements of Title 15; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on April 23, 2020, and forwarded to the Deschutes County Board of County Commissioners ("Board"), a unanimous recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on June 10, 2020, and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 1, 15, and 18; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 1.15, Utility Connections, is amended to read as described in Exhibit "A" attached and incorporated by reference herein, with new language underlined. Section 2. AMENDMENT. DCC 1.16, Code Violations and Enforcement, is amended to read as described in Exhibit "B" attached and incorporated by reference herein, with new language underlined. PAGE 1 OF 2 - ORDINANCE NO.2020-012 Section 3. AMENDMENT. DCC 15.04, Building and Construction Codes and Regulations, is amended to read as described in Exhibit "C" attached and incorporated by reference herein, with new language underlined and language to be deleted in sty". Section 4. AMENDMENT. DCC 18.116, Supplementary Provisions, is amended to read as described in Exhibit "D" attached and incorporated by reference herein, with new language underlined and language to be deleted in str-ik gh. Section 5. FINDINGS. The Board adopts as its findings Exhibit "B" attached and incorporated by reference herein. Dated this of 92020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON Date of I st Reading: day of 52020. Date of 2' Reading: day of , 2020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Philip G. Henderson Patti Adair Anthony DeBone Effective date: day of 92020. PAGE 2 OF 2 - ORDINANCE NO.2020-012 BACKGROUND The building code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its administration and enforcement. The provisions of Chapter 1 establish the authority and duties of the building official appointed by the local municipality and also establish the rights and privileges of the design professional, contractor and property owner. Various Chapter 1 provisions are permitted, as identified, to be modified by the local municipality. A number of recent changes have occurred at the state level to Chapter 1, Section 101 of the Oregon Structural Specialty Code (State Building Code) which directly affect the administrative authority and duties of the Deschutes County Building Safety Division. Unrelated to the recent changes to Chapter 1, Section 101, there are a number of amendments available for adoption at the local level which will help improve the safety and effectiveness of Deschutes County's Building Safety and Code Enforcement programs. Specifically, Section 104 of the 2019 Oregon Structural Specialty Code outlines the general duties and powers of the local building official, including Right -of -Entry provisions to address public health and safety concerns. The Deschutes County Code Enforcement Division often works in conjunction with the Building Safety Division and the proposed local amendment would grant Right -of -Entry authority to both the building official and code enforcement officials in cases necessary to remediate code violations or other health and safety concerns. Additionally, the 2019 Oregon Structural Specialty Code did not adopt Section 112, which relates to Service Utilities, but did allow for adoption by local jurisdictions. No language currently exists in the Deschutes County Code which directly addresses the authority of the building official to disconnect utility service to structures in cases of emergency or immediate hazard to life and property. Furthermore, Section 111 of the 2019 Oregon Structural Specialty Code codifies the authority of the building official to issue certificates of occupancy for buildings and structures. Certificates of occupancy are particularly useful as public safety and code enforcement tools, as often times building occupancy exacerbates other code compliance issues. No specific language currently exists in the Deschutes County Code which highlights all requirements related to the issuance of certificates of occupancy such as planning or land use review. This lack of clarity hinders the County's ability to utilize certificates of occupancy as an important code enforcement tool and to ensure conformity with all relevant aspects of the County's building and development program. Finally, amendments have been made to the 2019 edition of the Oregon Fire Code, which directly affect the Deschutes County Code requirements concerning fire safety. To address the circumstances outlined above, a number of local code amendments are currently proposed which fall into the following three categories: 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 t;, (541) 388-6575 @ cdd@deschutes.org ( www.deschutes.org/cd 1) Amendments to Chapter 1 of the State Building Code 2) Amendments to the Oregon Fire Code 3) Housekeeping Amendments Available for Local Adoption AMENDMENTS TO CHAPTER 1 OF THE STATE BUILDING CODE: Deschutes County is authorized to maintain a building code program by ORS 455.020, with the program delegated to the County from the State Building Codes Division (State BCD) through OAR 918-020 and ORS 455.148. In October 2019, State BCD adopted a new commercial code with the same changes included in the Code's scoping provisions. The extensive changes by the State BCD to the administrative provisions of the building codes, referred to as Chapter 1- Scope and Administration (Chapter 1), require action at the local level to maintain current interdisciplinary coordination, business practices, authority, and service levels. The changes to Chapter 1 fall into two categories: Technical items to be excluded from the code (e.g., regulation on construction); Changes that revise the authority of the building official when addressing code enforcement actions on building code violations To keep these critical elements as part of the building codes program, and maintain building codes and permitting process as they have been since the development of the building code, local jurisdictions must adopt Scope and Administration provisions (language removed from the original Chapter 1) in their local codes since they can no longer rely on the statewide code for that authority. AMENDMENTS TO THE OREGON FIRE CODE: In October 2019, changes were made to the currently adopted edition of the Oregon Fire Code, which have bearing on the duties of the Deschutes County Building Safety Division. To keep the fire safety elements of the building codes program as up-to-date as possible, these changes must be adopted at the local level to reflect relevant changes to the Oregon Fire Code as amended by the Oregon State Fire Marshall. HOUSEKEEPING AMENDMENTS AVAILABLE FOR LOCAL ADOPTION: Changes to the Deschutes County Code (DCC) are available for local adoption to ensure the safety and effectiveness of the County's building and development program. Specifically, the following changes and additions to the DCC have been proposed which have a direct bearing of the daily duties of the Deschutes County Community Development Department: Right of Entry Provisions - Certificate of Occupancy Provisions Service Utility Provisions 247-20-000145-TA Page 2 of 4 PROPOSAL The state's changes to Chapter 1 language narrow the scope of the building code authority regarding technical items and enforcement that departs from practices in place since building codes were established in 1974. The revisions are driven by the State's desire to have the building code focus specifically and only on buildings under construction, or elements under construction that directly impact buildings. In doing this, the code removes regulation of items like new communications towers, retaining walls, private access bridges, signs, fences, exterior tanks holding fuel, industrial chemicals, protection of adjoining property, etc. The building code's change in focus also led to the removal of the clear authority to require that building code violations be abated. This weakens the Deschutes County Building Safety Division's ability to use building codes to obtain compliance of building code violations. The proposed amendments to Deschutes County Code Title 1 and Title 15 reestablish the technical elements to be consistent with model code, previous practice, and other local jurisdictions, providing important consistency, predictability, and efficiency for our customers and the industry as a whole. Minor changes made to Deschutes County Code Title 18 have been proposed which are precipitated and required by those amendments proposed in Title 15. Specifically, the authority of local jurisdictions to regulate fences, which were removed under the state changes to Chapter 1 language, will be reestablished, and require additional amendments in Title 18 to provide complementary planning and land use authority. Additional amendments to Title 15 will provide clarity and allow for efficient implementation of continually updating standards from the International Fire Code by removing the need for future text amendments when changes are made to this internationally recognized standard. A number of housekeeping amendments have been proposed to Deschutes County Code Title 1 and Title 15 beyond those items outlined above. These amendments are available for local adoption to ensure the overall safety and effectiveness of the community development program. Specifically, changes to Title 1 will include a provision allowing the building official to regulate service utility connections to buildings, structures, and systems within the County. These amendments also allow the building official to authorize disconnection of utility service to a structure in cases of emergency where it is necessary to eliminate an immediate hazard, or the initial utility connection was made without approval from the building official. The proposed amendments also add code language which provide right -of -entry authority for both code enforcement officials and the building official, while also clarifying authority for building code enforcement related to code violations. Furthermore, the current language of the Deschutes County Code governing the issuance of certificates of occupancy does not include language which specifically addresses all requirements of the State of Oregon Building Code or other applicable County requirements. The current, long- standing process for approval issuance is tied to a variety of reviews, including: - Zoning, Land Use, and the Development Code; - Infrastructure and Right -of -Way standards governing site development and site access; - Adequate connection to sanitary systems; - Health Department permitting and inspections; and - Payment of System Development Charge (SDC) fees 247-20-000145-TA Page 3 of 4 The current language in Title 15 of the Deschutes County Code provides the building official regulatory authority to deny occupancy of residential, industrial, or commercial structures until such time as a certificate of occupancy has been issued. To provide consistency with previous practice, the proposed Title 15 amendments will now clarify that issuance of certificates of occupancy will be based on the requirements of the State of Oregon Building Code and any other applicable County requirements. Without these proposed amendments, situations could arise forcing staff to issue permits in violation of other important land use, zoning, access, roadway, accessibility and health safety provisions. This could result in having to put properties that do not meet these other ordinances immediately into code enforcement action, rather than working with customers so they can to come into compliance during permitting and plan review. This forced path to code enforcement would increase costs, increase staff time and provide poor consultation and service to our customers. As stated previously, the issuance of certificates of occupancy is an important code enforcement tool, as often times occupancy exacerbates other code compliance issues. Without these amendments, properties could be placed in an expensive or dangerous position of having permits or certificates of occupancy issued when important land use, zoning, and other safety provisions are not included or provided in the project scope. ATTACHMENTS - Proposed Deschutes County Code Amendments- Titles 1,15, & 18 - Previous Edition of Chapter 1- Oregon State Building Code - Current Edition of Chapter 1- Oregon State Building Code 247-20-000145-TA Page 4 of 4 Chapter 1.16. CODE VIOLATIONS AND ENFORCEMENT 1.16.034. Right of Entry. Where it is necessary to make an inspection to enforce the provisions of the Deschutes County Code, or where the code enforcement officials or the building official has reasonable cause to believe that there exists in a structure, upon a premises, or on a property a condition which is contrary to or in violation of the Deschutes County Code which makes the structure, premises, or property unsafe, dangerous, or hazardous, the code enforcement official or the building official is authorized to enter the structure, premises, or property at reasonable times to inspect or to perform the duties imposed by the Deschutes County Code, provided that if such structure, premises, or property be occupied that credential be presented to the occupant and entry requested. If such structure, premises, or property is unoccupied, the code enforcement official or the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the structure, premises, or property and request entry. If entry is refused, the code enforcement official or the building official shall have recourse to the remedies provided by law to secure entry. (Ord. 2020-Ox, §x, 2020) 1.15.205. Service Utility. A. A person shall not make connections from a utility, source of energy, fuel or power to any building, structure, or system that is regulated by DCC 15.04 for which a permit is required, until released by the building official. B. The building official may authorize the temporary connection of the building, structure, or system to the utility, source of energy, fuel, or power. C. The building official may authorize disconnection of utility service to the building, structure, or system that is regulated by DCC 15.04 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Sections A and B above. The building official shall notify the serving utility, and whenever possible the owner and occupant of the building, structure, or system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure, or system shall be notified in writing as soon as practical thereafter. (Ord. 2020-Ox, §x, 2020) Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS 15.04.015. Additional Local Authority. In the areas under the jurisdiction of the County, the County may administer and regulate the following in accordance with ORS 455.020(4): A. Abatement of nuisances and dangerous buildings. B. Demolition. C. Fences. D. Cellular phone, radio, television and other telecommunication and broadcast towers that are not attached to or supported by a regulated building. E. Signs not attached to or supported by a regulated building. F. Transitional housing accommodations. G. Administration and implementation of a National Flood Insurance Program (NFIP). H. Other structures not regulated by the state building code consistent with the scope of ORS 455.020 (Ord. 2020-Ox, §x, 2020) 15.04.025. Fences. In the areas under the jurisdiction of the County: A. All fences shall comply with the requirements of the current edition of the International Building Code published by the International Code Council. (Ord. 2020-Ox, §x, 2020) 15.04.080. Fire Code -Adopted. The currently adopted edition of the International Fire Code, as published by the International Code Council and as amended by the Office of State Fire Marshal, hereinafter referred to as "fire code," is adopted in its entirety as the fire code of the County and incorporated by reference herein. (Ord. 2020-Ox, §x, 2020; Ord. 2011-022, §2, 2011; 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) 15.04.140. Industrial/Commercial Structure- Occupancy Certificate Required. No industrial or commercial structure shall be occupied until a certificate of occupancy has been issued. Issuance of a certificate of occupancy is contingent upon the requirements of the State of Oregon Building Code as well as other applicable County requirements. (Ord. 2020-Ox, §x, 2020; Ord. 95-063 §1, 1995; Ord. 93-052 §1, 1993) 15.04.145. Residential Structure- Occupancy Certificate Required. No residential dwelling shall be occupied until a certificate of occupancy has been issued. Issuance of a certificate of occupancy is contingent upon the requirements of the State of Oregon Building Code as well as other applicable County requirements. (Ord. 2020-Ox, §x, 2020) Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.120. Fences. A. Fences which forma solid barrier or are sight obstructive shall not exceed three and one-half feet in height when located in a required front yard or in a clear vision area. B. Fences in Wildlife Area Combining Zones shall be designed in conformance with the requirements of DCC 18.88. C. All fences shall comply with the requirements of DCC Title 15. (Ord. 2020-Ox, §x, 2020; Ord. 92-042 §3, 1992; Ord. 91-038 §1, 1991) CHAPTER 1 SCOPE AND ADMINISTRATION PART 1—SCOPE AND APPLICATION 101.2.2.1 Appendix chapters adopted. The following appendix chapters are adopted as part of the Oregon SECTION 101 Structural Speeiaby Code. GENERAL 1. Appendix C (Agricultural Buildings), 101.1 Title. 'These regulations shall be known as the Oregon Siructura.l ,Specialty Code, and may be cited as such and will be; referred to herein as "this code." > 101.2 Scope. 101.2.1 General. The scope of this code is as provided in ORS 455.020(1). ORS 455.020 is not a part of this code but is reproduced here for the reader's convenience: 455,020 Purpose; scope of application; exceptions; scope of rules; fees by rule, (1) This chapter is enacted to enable the Director of the Department of Consumer and Business Services to promulgate a state building code to govern the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein, and to', require the Correction of unsafe conditions caused by earthquakes in existing buildings. The state building code shall establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort and security of the residents of this state vvho are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation. [Formerly 456.755; 1991 c,227 §2; 1991 c.310 §2; 1995 c.304 §I; 1995 e.400 §5; 1999 c.1045 § 1 3; 1999 c.1082 § 11; 2001 c.710 §8] The Oregon Structural Specialtyy Code as adopted by the State of Oregon, Building Codes Division, includes portions of the International Building Code and the International Fire Code pertaining to any construction, reconstruction, altera- tion, repair and installation of materials and equipment in or part of buildings and structures covered under the State Building Code. This code shall not, apply to the construction, alteration, moving demolition, repair, maintenance and work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. Municipalities, as defined in ORS 455.010(5), may estab- lish administrative procedures in accordance with ORS 45.5.020(4), and may amend specific sections of Chapter 1, as identified throughout the chapter. Municipalities are permitted to enact local ordinances or other laws to address the demolition of structures or other related topics not addressed by this code. Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a sepa- rate means of egress and their accessory structures shall comply with the Residential Code. 1 101.2.2 Appendices. Provisions in the appendices shall not apply unless specifically adopted as noted below. 2014 OREGON STRUCTURAL SPECIALTY CODE 2. Appendix I (Patio Covers), 101,2.2,2 Appendix chapters available for municipal adoption. Municipalities may adopt the following appendix chapters by local ordinance. Such adoptions shall comply with the requirements specified in the adopted appendix unless otherwise approved under the provisions of ORS 455,040. I . A — Employee qualifications; 2. B - Board of appeals; 3. D — Fire districts; 4. F— Rodentproofing; 5. G — Flood -resistant Construction; 6. H — Signs; and 7. J - Grading, 101.2.2.3 Appendix chapters not available for municipal adoption. The following appendix chapters are not adopted by the State of Oregon and municipali- ties may not adopt the same as the subject matter is encompassed by this code. 1. E — Supplementary accessibility requirements; 2. K — Administrative provisions; 3. L — Earthquake recording instrumentation. 4, M—Tsunarni-generated flood hazard 101.3 Purpose. The purpose of this code is as provided in ORS 455.020(1), as noted in Section 101,2, and to establish the minintrun requirements to safeguard tire public health, safety and general welfare through structural strength, mealis of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and prop- erty from fire and other hazards attributed to the built envi- ronment and to provide safety to fire fighters and emergency responders during emergency operations. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. 101.4 Statutory references. This code is adopted pursuant to Oregon Revised Statutes (ORS). Where this code and the statutes specify different requirements, the statute shall gov- ern. Statutes related to this code include, but are. not limited to, ORS 455.010 through 455.895 and ORS 447,210 through 447.310. Statutes referenced may be obtained from the Building Codes Division, 1535 Edgewater St.. NW, Salem, OR 97304 or Y.O. Box 14470, Salem, OR 97309 at a nominal cost or read online at httpal rtrsvw.bcd.oreeon.gov/state tes.html, C C SCOPE AND ADMINISTRATION 0 1 102.1 General. Where there is a conflict: between a generat requirement and a specific requirement, the specific require- ment shall be applicable. Where, in any specific case, differ- ent sections of this code, specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards.The codes and stan- dards referenced in this code shalt be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 1024.2. 102.4.1 ASCE Standard 24-05 Floors Resistant Design and Construction. The following ASC;E Standard 24-05 tables are not adopted by the State of Oregon as the sub- ject matter encompasses Free Board, Base Flood Eleva- tion and Design Flood Elevation, The authority to establish the same is reserved for local government: 1. fable 2-1. "Elevation of Lowest Floor" 2. Table 4-1. "Elevation of Bottom of Lowest Ilorizon- tal Structural Member" 3. Table 5-1. "Elevation Below Which Ftood-Damage- Resistant Materials Shall be Used" 4. Table 6-1. "Elevation for Flood proofing" 5. Table 7-1. "Minimum Elevation of Utilities and Equipment„ ItOrmational Note. Each local community participating In the National Flood Insurance Program (NFIP) designates a local Flood Plain Administrator who is responsible to make sure com- naunities, meet their insurance program obligations. Certain matters comprised within the NFIP program may, conflict with or overlap with the State Building Code. Cc-rtain deci- sions such as sill plate height and other NFIP criteria full under the authority and responsibility or the Flood Plain Administrator. Om,.w decisions under the NFIP program are made, then the appropriate requirements of this code for the construction of the building are applied. Local communities may choose to designate their local building ofticial as the Flood Plain Administrator or ntay designate other sic? '- When a,, building qff vial ft:nctioning in the copacit}+ of Flood Plain Administrator exercises author- itv under the NFIP, such decisions are not part of this code nor sukiect to the building official duties and responsibili- ties as adopted by the Oregon Building Codes Division. Per ORS 455.210(3)(c), local communities are prohib- ited from utsing building permit monies for any matter other than administration and enforcement of the State Building Code. Administration and i.rnplententation of it local NFIP program are not part of the State Building Code, OAR 918-008-0000 is not part of this code but is provided here for the readers' convenience; 918-008.0000 Purpose and Scope (1) The Department of Consumer and Business Services, Building Codes Division, adopts model building codes, standads and other publications by reference, as necessary, through administrative rule to create the state building code. When a matter is included in a specialty code or referenced publication that is in conflict with Oregon Revised Statutes or Oregon Administrative Rules, the statute or rule applies and the code or standard provision does not. All remaining parts or application of the code or standard remain in effect. (2) Unless required by law, matters generally not authorized for inclusion in a specialty code or rcferenced standard include, but are not limited to: licensing or certification requirements, or other qualifications and standards for businesses or workers; structures or equipment maintenance requirements; masters covered by federal or state lass; arid matters that conflict, with other specialty codes or publications adopted by the deparunent, (3) OAR 91 B-008-0000 to OAR 9) 8-008-0070 provides the process for adopting and amending the state building code that is consistent across all program areas. (4) The state building code is derived froin the most appropriate version of base model codes, which are updated periodically. (5) The Oregon specialty code amendment process begins approximately midway into a code cycle. (6) An appropriate advisory board approves or furwards the adoption of the Oregon specialty code and amendments to the Department for adoption. (7) ?Notwithstanding sections (3) through (6) of this rule, the division may adopt supplernental code amendments as authorized by OAR 919-008-0029. [Publications: Publications referenced are available from the agency.] Stat. Auth,: ORS 447.020, 455,030 & 479,730 Stats. Implemented ORS 447,020, 455,030 & 479.730 llist.: BCD 26 1994, f. & sort. ef. 11-15-94; BCD 6-)997, f. & cert, ef.4-1-97; BCD 3-2006(1'emp), f. & Bert. ef. 3-1-06 thru 8- 27-06: BCD 9-2006, f. 6-30-06, cert, ef. 7-1-06; BCD 1-2014. f. 1-22-14, sett, ef. 4-1-14 102,4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code shall take precedence over the provisions in the referenced code or standard. C 102.5 Partial invalidity. In the event that any part or provi- sion of this code is held to he illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any struc- ture existing on the date of adoption of this code shall be per- mitted to continue without change, except as is specifically covered in this code or the Fire Code, or as is deemed neces- < nary by the building official for the general safety and welfare of the occupants and the public. 2014 OREGON STRUCTURAL SPECIALTY CODE PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DEPARTMENT OF BUILDING SAFETY j Note: Unless amended by a municipality under authority of ORS 455.040, Sections 103.1 through 103.3 apply. 103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. 103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies, In accordance with the prescribed proce- dures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees, Such employees shall have powers as delegated by the building gfficial. SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL Note: Unless amended by a municipality under authority of ORS 455.020, Sections 104,1, 104.3 and 104.6 apply. 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The buildin' official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically pro- vided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction. documents and issue permits for the erection, and aliera.tiont, delTIOliliOn and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 1.04.4 Inspections. The building official shall make all of the required inspections, or the building gfficial shall have the authority to accept reports of inspection by approved agen- cies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The build- ing official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 11 104.5 Reserved. 104.6 Right of entry. Where it is necessary to make an inspec- tion to enforce the provisions of this code, or where the build- ing official has reasonable cause to believe that there exists in tt structt1Fe or upon apremises a condition which is contrary to or 2014 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is autho- rized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such struc- ture or premises is unoccupied, the building official shall first make it reasonable effort to locate tire. owner or other person having charge or control of the structure or premises and request entry, If entry is refused, the building official shall have recourse to the rernedies provided by law to secure entry. 104.7 Department records. The building official shall keep official records as dictated by OAR 166-150-0020 where a county has jurisdiction, OAR 166-200-0025 where a city has jurisdiction and OAR Chapter 166 Division 300, et al., for the cities and counties where the State of Oregon has jurisdiction. Such records shall be retained in the official records for the period indicated in the respective OAR sections noted above, The building official shall maintain a permanent record of all permits issued in flood hazard. areas, including copies of inspection reports and certifications required in Section 1612, 104.8 Liability. See, ORS 30.265 for regulations relating to liability. ORS 30.265 is not. a part of this code but is reproduced here for the reader's convenience: 30.265 Scope of liability of public body, officers, employees and agents; liability in nuclear incident. (1) Subject to the limitations of ORS 30.260 to 30.300, every public body is subject to civil action for its torts and those of its officers, employees and agc.`its acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276,598. (2) The sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 or 30.287 is an action under ORS 30,260 to 30.300. The remedy provided by ORS 30.260 to 30.300 is exclusiveof any other action against any such officer, employee or agent of a public body whose act or omission within the scope of the officer's, employee's or agent's employment or duties gives rise to the action. No other form of civil action is permitted, (3) If an action under ORS 30,260 to 30.300 alleges damages in an amount equal to or less than the damages allowed under ORS 30.2? 1, 30.272 or 30.273, the sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 or 30.287 is an action against the public body. If an action is filed against an officer, employee or agent of a public body, and the plaintiff alleges damages in an amount equal to or less than the damages allowed under ORS 30.271, 30,272 or 30.273, the court upon motion shall substitute the public body as the defendant. Substitution of the public body as the defendant does not exempt the public body from making any report required under ORS 712,400, SCOPE AND ADMINISTRATION (4) If an action under ORS 30.260 to 30300 alleges damages in an amount greater than the damages allowed under ORS 30.271, 30.272 or 30.273, the action may he brought and maintained against an officer, employee or agent of a public body, whether or not the public body is also named as a defendant, An action brought under this subsection is subject to the limitations on damages imposed under ORS 30.271, 30.272 or 30.273, and the total combined amount recovered in the action may not exceed those limitations for a single accident or occurrence without regard to the number or types of defendants named in the. action. (5) Every public body is immune fiom liability for any claittt for injury to or death of any person or injury to property resulting from an act or omission of an officer, employee or agent of a public body when such officer, employee or agent is immune from liability. (6) Every public body and its officers, employees and agents acting within the scope of their employment or duties. or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276.598, are immune from liability for: (a) Any clairn for injury to or death of any person covered by any workers' compensation km,. (b) Any claim in connection with the assessment and collection of taxes. (c) Anv cliirn based upon the performance of or the failure to exercise or, perform a discretionary function or duty, whether or not the discretion is abused. (d) Any claim thatrs limited or barred by the provisions of any other statute. including but not limited to any statute of ultimate repose. (e) Any claim arising out of riot, civil commotion or :nob action OF out of any act or omission,• in connection Willi the prevention of any of the foregoing. (f) Any claim arising out of an act. done or omitted under apparent authority of a law, resolution, rule or regulation that is unconstitutional, invalid or mapplicable except to the extent that they would have been liable had the law., resolution, rule or regulation been constitutional, valid and applicable, unless such act was done or omitted in bad faith or with malice, (7) This section applies to any action of any officer, employee or - agent of the state relating to a nuclear incident, whether or not the officer, employee or agent is acting within the scope of employment, and provided the nuclear incident is covered by an insurance or indemnity agreement under 42 U.S.C. 2210, (8) Subsection (6)(c) of tl;is section does not apply to any discretionary aet that is found to be the cause or partial cause of a nuclear incident covered by an insurance or indemnity agreement under the provisions of 42 U.S.C. 2210, including but not limited to road design and route selection. 11967 c,627 §§2, 3; 10; 1969 c.429 §l; 1975 c.609 §12; 1977 e.823 §2; 1981 c.490 §4; 1985 c.731 §31; 199" c. 705 §7; 1991 c.861 § 1; 2005 c.22 § 19; 2007 c,803 §4; 2011 o.2'70 § 1] 104.9 Approved materials and equipment. Materials, equip- ment and devices approved by the budding r��ciul shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment, The use of used materials which meet the requirements of this code for new materials is permitted. 104.10 Modifications. Wherever there are practical difficul- ties involved in carrying out the provisions of this code, the building &icial shall have the authority to grant modifica- tions for individual cases, upon application of the owner or owner's representative, provided the building r>fcia.l shall first find that special individual reason makes the strict letter of this code, impractical and the modification is in compliance with the intent and ptupose of this code and that such modifi- cation does not lessen health, accessibility, life and fire safety, or, structural requirements- The details of action grant- ing modifications shall be recorded and entered in the files of the department of building safety. 104.10.1 Flood hazard areas. (blot adopted by the State of Oregon wilding Codes Division as part of the Slate Building Cade.,) The building (?fficial shall not. grant mod- ifications to an), provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that: 1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 161.2 inappropriate. 2. A determination that failure to grant the variance would resr.11 in exceptional hardship by rendering the lot undevelopable. 3 A determination that the granting of a variance. will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization ofthe pub- lic, or conflict with existing laws or ordinances. 4. A determination that the variance is the minimum necessary to afford relief, considering the flood haz- ard. 5. Submission to the applicant of w iten notice speci- fying the difference between the design flood eleva- tion and the elevation to which the building is to be. built, stating that the cost of flood insurance will be commensurate, with the increase.d risk resulting from the reduced Boor elevation, and stating that con- struction below the design flood elevation increases risks to life and property. 104.11 Alternative materials, design and methods of con- struction and equipment. The provisions of this code are not intended to prevent the installation of any material or, to pro- hibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material. design or method of construction shall be approved where the building gfficial finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the. material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 104.11.1 Research reports, Supporting data, where nec- essary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 2014 OREGON STRUCTURAL SPECIALTY CODE 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the require- ments of this code, or in order to substantiate claims for alternative materials or methods, the building of ficial shall have the authority to require tests as evidence of compli- ance to be made at no expense to the; jurisdiction. Test methods shall be as specified in this code or by other rec- ognized test standards. In the absence of recognized and accepted test methods, the building q}ficial shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.12 .Request for ruling. ORS 455,060 provides for state rulings on acceptable materials; designs and methods of con- struction. When a ruling has been issued; ORS 455.060(4) applies. ORS 455.060 is not a part of this code but is reproduced here for the reader's convenience: 455.060 Rulings on acceptability of material, design or method of construction; effect of approval; fees, (1) Any person who desires to use or furnish any material, design or method of construction or installation in the state, or any building official, may request the Director of the Department of Consumer and Business Services to issue a ruling with respect to the acceptability of any material, design or method of construction about which there is a question under any provision of the state building code. Requests shall be in writing and, if made by anyone other than a building official, shall be made and the ruling issued prior to the use or attempted use of such questioned material, design or method. (2) In making rulings, the director shall obtain the approval of the appropriate advisory board as to technical and scientific facts and shall consider the standards and interpretations published by the body that promulgated any nationally recognized .model code adopted its a specialty code of this state. (3) A copy of the ruling issued by the director shall be certified to the person making the request. Additional copies shall be transmitted to all building officials in the state. The director shall keep a permanent record of all such rulings, and shall furnish copies thereof to any interested person upon payment of such fees as the director may prescribe. (4) A building official or inspector shall approve the use of any material; design or method of construction approved by the director pursuant to this section if the requirements of all other local ordinances are satisfied. [Formerly 456.845] 2014 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, change the character or use of the occupancy, or change the occupancy of a build- ing or structure which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. [See ORS 455.020(2)]. Exceptions: 1. Construction subject to minor labels and master per- mits when authorized by the inspection authority under Oregon Administrative Rules Chapter 918, Division 100. 2. Temporary (180 days) structural supports, structural replacement or repairs performed in an emergency on an existing structure. The authority having juris- diction shall be notified of this work within 72 hours and permit application for the temporary work shall be submitted within the next 5 business days. For prohibitions against siting new essential facilities and new special occupancy structures in tsunami inunda- tion zones, see Section 1802, ORS 455.058 is not part of this code but is reprinted here for the reader's convenience: 455,058 Investigation fee for work commenced without permit; rules. (1) Except as provided in subsection (2) of this section, the Department of Consurer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee. against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the Fvork is obttuned. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences. (2) This section does not, apply to: (a) An emergency repair required for health, safety, the prevention of property damage or the prevention of financial ham if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or (b) Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law. (3) The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. [2013 c.324 § 2 j SCOPE AND ADMINISTRATION ORS 455,020(2) is not a part of this code but is reprinted here for the reader's convenience; 455.020(2) Purpose: scope of application; exceptions; scope of rules; fees by rule. (2) The roles adopted pursuant to this chapter shall include structural standards; standards for the installation and use of i. mechanical, heating and ventilating devices and equipment; and standards for prefabricated structures; and shall, subject to ORS 455.210, prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review services by the. Department of Consumer and Business Services. The department may also establish, by rule., the amount of any fee pertaining to the state building code or any specialty code that is authorized by statute, but for which an amount is not specified by statute. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304 § 1; 1995 c.400 §5; 1999 c.104.5 § 13; 1999 c.1082 § 1.1; 2001 c.710 §81 .`' 105.2 Work exempt from permit. Exemptions from hermit requirements of this code shall not be deemed to grant autho- rization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the. follow- ing: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (i 1 m'). 2. Fences not over 7 feet (2134 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a sur- charge or impounding Class 1, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1, 6. Platforms, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route, 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (19 925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service sys- tems. 11. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Groups R-3 and U occupancies. 12, Nonfixed and movable fixtures, cases, racks, coun- ters and partitions not over 5 feet 9 inches (1753 mm) in height. 13, Farm or forest use agricultural buildings exempted in ORS 4.55.315 (see also Appendix C), 14. Equine facilities exempted in ORS 455.315. Note: Unless otherwise exempted, separate plumbing, elec- trical and mechanical permits may be required for the above - exempted items. Additionally, all new construction and sub- stantial improvements (including the placement of prefabri- cated buildings and certain building work exempt from permit under Section 105.2) shall be designed and con- structed with methods, practices and materials that minimize flood damage in accordance with this code. 105.2.). Repairs. Application or notice to the building `lffi cial is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, par- tition or portion thereof, the removal or cutting of any structural beam or Load -bearing support, or the removal or charge of any required means of egress. or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe. Note: Unless amended focally by a municipality under authority of ORS 455,020, the requirements of Sections 105.3 through 105.6 apply. 105.3 Application for permit. To obtain a permit, the appli- cant shall first file an application therefor in writing on a form furnished by the department of building safety for that pur- pose. Such application shall.: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's autho- rized agent. 7. Give such other data and information as required by the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after fil- ing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building 2014 OREGON STRUCTURAL SPECIALTY CODE C official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The exten- sion shall be requested in writing and justifiable cause demonstrated. 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other laws or ordinances Of the jurisdiction. Permits presuming, to give authority to violate or cancel tale prevision. of this code or other laws or ordinances of the jurisdiction shall not be valid. Tlx; issuance of a permil b.tsed on cxanstruclion rdurrrntents and Other data shall not prevent the building official from requiring the correction of en -ors in the construction documents and other data. The building official is also authorized to prevent occu- pancy or use of a structure ivhere in violation of this code or of any other laws or ordinances of this _jurisdiction. 105.5 Expiration. Rvery permit issued shall become. invalid unless the work on thee site authorized by such permit is com- menced within 1,80 days after its issuance, or if the work authorized on the site by such permit is suspended or aban- doned for a period of 180 bays after the tirne the work is com- menced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writ- ing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the pernii7 is issued in error or on the basis of incorrect, inaccurate- or incomplete informa- tion, or in violation of any ordinance or regulation or any of the provisions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. SECTIONf 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/ m`), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of Occupancy required by Section 1 I 1 shall not be, issued until the floor Load signs, regt.tired by Section 106.1, have been installed 2014 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construc- tion documents, statement of inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional wbere. required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building offi- cial is authorized to require additional construction documents to be prepared by a registered design prr sessional. Exceptions: 1. The building official may waive the submission of plans, calculations, construction inspection require- ments and other data and related plan review fee if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. 2. Plans, specifications, calculations, diagrams and other data. prepared and designed by an engineer or architect licensed by the state to practice as such are not required for the following work, provided the building official determines that the work is not of a highly technical nature or there is no unreasonable potential risk to life and/or safety of the structure: 2.1. The erection, enlargement or alteration of any building, or any appurtenance thereto, where the resulting building has a ground area of 4,000 square feet (372 rn) or less and is not more. than 20 feet (6096 mm) in height from the top surface of the lowest floor to the highest interior overhead finish (see ORS 671.030). 2.2. A single-family dwelling, farm agricultural building, nonfarm agricultural building, or accessory building to a single-family dwelling, farm agricultural building, or nonfarm agricultural building. 2.3. Alterations or repairs that do not involve the structural parts of the building. ORS 672.107 is not part of this code but is reproduced hero for the reader's convenience: 671107 Structural engineer t iU-Isi ation for Irerfor ming engineering services on siguitie int s9r uctures; rules. (1) For purposes of this section: (a) "Significant stnteture" means: (A) Hazardous facilities and special occupancy structures, is defined in ORS 455,447: (B) Essential facilities, as defined in ORS 455-447, that have a ground wren of more than 4,000 square feet and are more than 20 feet in height; 3 SCOPE AND ADMINISTRATION (C) Structures that the Director of the Department of Consumer and Business Services determines to have irregular features; and (D) Buildings that are customarily occupied by human beings and are more than four stories or 45 feet above average Wound level. (b) "Significant structure" does not mean: (A) One -family and two-family dwellings and accompanying accessory structures; (B) Agricultural buildings or equine facilities, both as defined in ORS 455.315; or (C) Buildings located on lands exempt from Department of Consumer and Business Services enforcement of building code regulations. (2) Consistent with ORS 672,255, tire State Board of Examiners for Fngineering and Land Surveying shall adopt rules establishing standards of competence in structural engineering analysis and design relating to seismic influence. (3) An engineer may not provide engineering services for significant structures unless theengineer possesses a valid', professional structural engineer certificate of registration issued by the board. [Formerly 672, 1291 107,2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.5. 107.2.1 information on construction documents. Con- struction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permit- ted to be submitted when approved by the building offi- cial. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work pro- posed and show in detail that it will conform to the provi- sions of this code and relevant laws, ordinances, rules and regulations, as determined by the building -official. 107.2.2 Fire protection system shop drawings. Shop drawings, plans, specifications or sketches for the fire pro- tection system(s) shall be. submitted to the building official pursuant to the requirements of the State Building Code and ORS Chapter 455 or ORS 479,155 to determine com- pliance with the State Building Code, including but riot limited to fire and life -safety standards which are part of the .Slate Building Code. Shop drawings, plans, specifica- tions or sketches shall be approved prior to the start of sys- tem installation and shall contain ail information as required by the referenced installation standards in Chap- ter 9. The issuance of permits and inspections shall be the authority of the building official to administer under ORS Chapter 455. 107.2.3 Means of egress. The construction docuunents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public tray in compliance with the provisions of this code. In other than occupancies in Groups .R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be, accommo- dated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners. end details, control joints, intersections at roof, eaves or para- pets, means of drainage, water -resistive membrane and details around openings. The construction documents shall include utanufae- turer's installation instructions that. provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior rvall system which was tested, where applicable, as well as the test: procedure used, 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the pro- posed finished grades and it shall be drawn in accordance with an accurate boundary line survey. The building offi- cial is authorized to waive or modify the requirement fora site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.3 Examination of documents. The building official shall examine or cause to be examined (lie accompanying submittal documents and shall ascertain by such examina- tions whether the construction indicated and described is in accordance with the requirements of this code and other perti- nent laws or ordinances. 107.3.1 Approval of construction documents. When the; building official issues a permit, the construction docu- ments shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construc- tion; documents so reviewed shall be retained by the build- ing official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly autho- rized representative. Construction documents shall be approved in the timelines specified in ORS 455,467, 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and theconstruction of which has been pur- sued in good faith within 180 days after the effective date of this code and has not been abandoned. ORS 455.467(1) & (2) are not part of this code but are reproduced here for the reader's convenience: 455.467 Timelines for approval or disapproval of certain specialty code building plans; exceptions; phased permit systems; failure to adhere to timelines. (1) Except as provided in stibseetion (21 of this section, for specialty code plan reviews of simple low-rise residential dwellings, the Department of Consumer and Business Services or a municipality that administers a building inspection program under ORS 455.149 or 455.150 shall approve or disapprove the specialty code bui Iding plan: 2014 OREGON STRUCTURAL SPECIALTY CODE 34 a (a) For ajurisdiction with a population that is less than 300,000, within 10 business days of receiving a complete application, or shall implement the process described in ORS 455.465. (b) For a jurisdiction with a population that is 300,000 or more, within 15 business days of receiving a complete application, or shall implement the process described in ORS 455.465, (2) The. 10-day and 15-day requirements in subsection (1) of this section do not apply if: (a) The plan requires approval by federal, stale or local agencies outside the jurisdiction of the issuing agency; (b) The plan is for a complex structure that requires additional review as determined by the department or municipality; or (c) Based on conditions that exist. in tiie affected municipality, the Director of the Deparonent of Consumer and Business Services authorizes a different plan review schedule as described in a building inspection program submitted under ORS 455.148 or 455,150, [i999 c.1045 §21; 2001 c.384 §1; 2001 c.573 § 13; 2003 c.675 §28] 107.3.3 Phased approval. The building official is autho- rized to issue a pconit far the construction of foundations or any other part of a building or structure before the con- struction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such perniit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted, ORS 455.467(3), (4), (5) & (6) are not part of this code but are reproduced here for the reader's convenience: (3) For specialty code plan reviews of commercial structures, a municipality shall include in its building inspection program s06mitterJ under ORS 455.148 or 455,150 a process for plan review services. The municipality shall include in its program detailed reasons supporting the proposed plan review process. The plan review services provided by the rr'wnicipality shall: (a) Allow an applicant to defer the submittal of plans for one or more construction phases for a commercial construction proje.et in accordance with the state building code'. and (b) Allow an applicant to receive permits for each of the phases of a commercial construction project as described in the state building code when the plan review for that phase is approved. (4) For a phased commercial construction project as described in subsection (3) of this section, the municipality sh all inform the applicant of the, detailed plans necessary for each phase of the project and the estimated time for initial and phased review of the building plans for conformance with the state building code. (5) An applicant submitting plans under subsection (3) of this section is responsible for ensuring that the project meets all specialty code requirements and that the project does not proceed beyond the level of approval authorized by the building official. (6) A municipality that repeatedly fails to meet the plan review period described in this section or otherwise authorized in its building inspection program submitted under ORS 455.148 or 455.150 shall be considered to be. engaging in a pattern of conduct of failing to provide timely plan reviews under ORS 455.160. 11999 c.1045 §21; 2001 c.384 §1; 2001 c.573 § 13; 2003 c,675 §281 2014 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION 107.3.4 Design professional in responsible charge. 107.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act is the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in. responsible charge who shall perform the duties required of the original registered design professional in responsible charge, The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professionol in responsible: charge shall be responsible for reviewing and coordi- nating submittal documents prepared by others, includ- ing phased and deferred submittal items, for compatibility with the design of the building. 107.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building offciat within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal docu- ments have been approved by the building official. [See ORS 455.467(3) in previous section]. 107.3.5 State fire and life safety plan review, occupan- cies to be reviewed. ORS.479.155(2) requires submission of plans for review and approval of certain occupancies. Unless exempted by the Building Codes Division through delegation of the fire and life safety plan review program, the owner shall submit to the building codes administrator two copies (or, when required, an additional copy shall be submitted for local government use) of a plan or sketch drawn clearly and to scale showing information as set forth in Section 107.3.5,1 for review and approval prior to beginning construction or alteration. Fire and life safety plan review is required for the following occupancies: 1. Group A occupancies. 2. Group B occupancies over 4,000 square feet (372 m`), or more than 20 feet (6096 mart) in height, or with a basement. 3. Group F occupancies. SCOPE AND ADMINISTRATION 4, Group F occupancies over 4,000 square feet (372 m') or more than 20 feet (6096 mrn) in height, or with a basement. 5. Group H occupancies of 1,500 square feet (139 m') or more than 20 feet (6096 mm) in height, or with a basement. 6, Group I occupancies, 7. Group IN4 occupancies over 4,000 square feet (372 rn`) or more, than 20 feet (6096 mm) in height, or with a basement. 8. Group R, Divisions 1, 2 and 4 occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement over 1,500 square feet (139 rn'). 9. Group S, Division 1, 2 and 3 occupancies over 4,000 square feet (372 m') or more than 20 feet (6096 mm) in height, or with a basement. 10. Group (J, Division I occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement. Two copies of a plot plan for the ocetrpancies listed above shall be submitted for the placing of prefabricated structures to show the relationship of all adjacent buildings and their exit ways. ORS 479,155(2) is not a part of this code but is reproduced here for the reader's convenience: 479.155 Plan of proposed construction or alteration; declaration of value; approval of plan; effect of approval; rules. (2) Prior to construction or alteration of a hospital, public building as defined in ORS 479.168, public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210, or any other building or structure regulated by the State Fire Marshal for use and occupancy or requiring approval by the State Fire Marshal pursuant to statute, the owner shall submit to the director two copies of a plan or sketch showing the location of the building or structure with relation to the premises, distances, lengths and details of construction as the director shall require. A filing is not required with respect to any such building or structure in any area exempted by order of the. State Fire Marshal pursuant to ORS 476,030, Approval of the plans or sketches by the director is considered approval by the State Fire Marshal and satisfies any statutory provision requiring approval by the State Fire Marshal. [1965 c.602. §14; 1967 c.417 §20; 1973 c.834 §33; 1977 c,821 §4; 1987 c.414 §158; 1993 c.744 § t 16, 1999 c.1082 § 13; 2005 c.22 §3641 107.3,5.1 fire and life safety plan review limits. The following portions of this code shall be used to review the plans submitted under this subsection. (These requirements are not intended to apply to structural, architectural, light and ventilation, disabled access and energy conservation requirements of the code except as they affect requirements included on the list.) Chapter 1, except Sections 103, 104.1 through 104.8, 104,11, 105, 109, 110 and 1 13; Chapter 2; Chapter 3; Chapter 4; Chapter 5; Chapter 6; Chapter 7:. Chapter 8; Chapter 9; Chapter 10; Chapter I I (area of rescue assistance); Chapter 14; Chapter 15 (except Sections 1503 and 1504); Chapter 24; Chapter 26; Chapter 31; Chapter 32; Chapter 34; Appendix C. 107.4 Amended construction documents. Work shall he installed in accordance with (be approved construction docu- ments, and any changes made during construction that are not in compliance with the approved construction docv, means shall be resubmitted for approval as an amended set of con- struction documents. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than that dictated by OAR 166-150-0020 where a county has jurisdiction, OAR 166-200-0025 where a city has jurisdiction and OAR 166- 300, et al,, for the jurisdictions where the State of Oregon has Jurisdiction, One set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. 107.5.1 flood hazard area documents. The building offi- cial shall maintain a permanent record of all permits issued in flood hazard areas, including copies of inspec- tion reports and certifications required in Section 1612. SECTION 1. . r . M 108.1 General. The. building cfficial is authorized to issue a permit for temporary structures and temporary uses. Such perinirs shall be limited as to time of service, hot shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. See Chapter 31 for further requirements. Note; Membrane structures erected for a period of less than 180 days are regulated under the Fire Code. 108.2 Conformance. Temporary structures and uses shall conform to the, structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary require- ments of this code as necessary to ensure public health, safety and general welfare, 108.3 Termination of approval. The building gfficial is authorized to terminate such pernnii for a temporary structure or use and to order the temporary structure or use to be dis- continued. 10 2014 OREGON STRUCTURAL SPECIALTY CODE SECTION 109 FEES Note: Unless amended locatly by a municipality under authority of ORS 455.020 and 455.210, the requirements of Section 109 apply. 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amend- ment to a Permit be released until the additional fee, if any, has been paid. > 109.2 Schedule of permit fees. On buildings, structures or aheratio is requiring a permit, a fee for each permit shall be paid as required, in accordance with the chedule as estab- lished by the municipality, under authority of ORS 455,020 and 455.210 or as set forth in OAR chapter 918, division 460, where. the State of Oregon has jurisdiction. ORS 455.020(2) is not a part of this code but is reprinted here for the reader's convenience; 455.020(2) Purpose: scope of application; exceptions; scope of rules; fees by rule. (2) The rules adopted pursuant to this chapter shall include structural standards; standards for the installation and use of mechanical, heating and ventilating devices and equipment; and', standards for prefabricated structures; and shall, subject to ORS'. 455,210, prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review' services by the Department of Consumer and Business Services. The department may also establish, by rule, the amount of any fee', pertaining to the state building code or any specialty code that is authorized by statute, but for which an amount is not specified by statute. [Formerly 456.755; 1991 c.227 §2; 1991 c,31.0 §2; 1995 c304 §1; 1995 c.400 §5; 1999 c.1045 §13: 1999 c.1082 §11;'', 2001 c.710 §81 ORS 455.210(3)(a) is not a part of this code but is reproduced for', the reader's convenience: ORS 455.210 Fees; appeal of fees; surcharge; reduced fees; rules. (3)(a) A municipality may adopt by ordinance or regulation such fees as may be necessary and reasonable to provide for the administration and enforcement of any specialty code or codes for'', which the municipality has assumed responsibility under ORS 455.1.48 or 455.150. A municipality shall give the director notice of the proposed adoption of a new or increased fee under this subsection. The municipality shall give tire notice to the director at the time the municipality provides the opportunity for public comment under ORS 294.160 regarding the fee or, if the proposed fee is contained in an estimate of municipal budget resources, at the time notice of the last budget meeting is published under ORS 294.426, (Subsections (1) to (5) formerly 456.760; subsection (6)', enacted as 1987 c.604 §6; 1997 e.856 §1: 1999 c.432 §1; 1999' c.1045 §24; 1999 c.1082 §9; 2001 c.573 §9; 2001 c.673 §1; 2005 c.193 §1; 2005 a833 §3; 2007 c.69 §5; 2011 c.473 §291 109.2.1 Plan review fees. When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be a percentage of the building permit fee as established under Section SCOPE AND ADMINISTRATION 109.2. Additionally, the fee for a fire and life safety plan review, as required by Section 107.3,5, shall be a per- centage of the building permit fee established under Sec- tion 109.2. The plan review fees specified in this section are sepa- rate from the permit: fees specified in Section 109.2 and are in addition to the permit fees. The state surcharge is not applied to plan review fees, When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, as defined in Section 107.3.4.2, an additional plan review fee shall be charged according to the rate established by the municipality, or OAR Chapter 918, Division 460 where the State of Ore- gon has jurisdiction. 109.3 Building permit valuations. Structural building per- mit valuations shall be based upon the Uniform Fee Method- ologies as established by OAR 918-050-0100, OAR 918-050-0100 is not a part of this code but is reproduced here for the reader's convenience. Uniform Fee Methodology 918-050-0100 Statewide Fee Methodologies for Residential and Commercial Permits (1) Residential constriction permit fees shall be calculated using the following methodologies; (a) A plumbing permit fee for new construction includes one kitchen and is based on the number of bathrooms, from one to three, on a graduated scale. An additional set fee shall be, assessed for each additional bath or kitchen. (A) No additional fee shall be charged for the first 100 feet of water and sewer lines, hose bibbs, icemakers, underfloor' low -point drains, and rain drain packages that include the', piping, gutters, downspouts, and perimeter system. (B) The plumbing permit fee described in this section sloes not include: (i) Any storm water retentionldetention facility; (ii) Irrigation and firesuppression systems; or (iii) Additional water, sewer and service piping or private storm drainage systems exceeding the first 100 feet. (C) Permit fees for an addition, alteration, or repair shall be calculated based on the number of fixtures, appurtenances, and piping, with a set minimum fee. (b) A mechanical permit fee shall be calculated per appliance and related equipment, with a set minimum fee. (c) Effective January 1, 2009, a structural permit fee for new construction and additions shall he calculated using the ICC Building Valuation Data Table current as of April I of each', year, multiplied by the square footage of the dwelling to determine the valuation. The valuation shall then be. applied to the municipality's fee schedule to determine the permit fee. The plan review fee shall he based on a predetermined percentage of the permit fee set by the municipality. (.A) The square footage of a dwelling, addition, or garage shall be determined from outside exterior wail to outside exterior wall for each level. 2014 OREGON STRUCTURAL SPECIALTY CODE 11 SCOPE AND ADMINISTRATION (B) The square footage of a carport, covered porch, patio, or deck shall be calculated separately at fifty percent of the value of a private garage from the ICC Building Valuation Data Table current as of April 1. (C) Permit fees for an alteration or repair shall be calculated based on the fair market value as determined by the building official, and then applying the valuation to the municipality's fee schedule. (2) Commercial construction permit fees shall be calculated using the following methodologies: (a) A plumbing permit fee shall be calculated based on the number of fixtures and footage of piping, with it set minimum fee. (b) A mechan cal permit fee shall be calculated based on the value of die mechanical equipment and installation costs and applied to the municiptility's fee schedule with it set minimum fee. (c) A structural pennit fee shall be calculated by applying the valuation to the municipality's fee schedule with a minimum set fee. Valuation shall be the greater of either: (A) The. valuation based on the ICC Building Valuation Data Table current as of April I of each year, using the occupancy and construction type as determined by the building official, multiplied by the square footage of the structure; or (B) The value as stated by the applicant. (C) When the construction or occupancy type does not fit die ICC Building Valuation Data Table, the valuation shall be determined by the building official with input from the applicant, Stat. Auth.: ORS 455.048 & 155,055 Stats, Implemented: ORS 455.046 & 455,055 Hist.: BCD 9-2000, f. 6-1.5-00, cert, of, t0-1-00; BCD 31-2005, f, 12-30-05, cert. ef. 1-1-06; BCD 5-2007, f. 5-1 1-07, corc ef. 7- 1-07; BCD 27-2008, f. ef.12-12-08, cert. of 1-1-09; BCD 7- 2009, f. 9-30-09, cert. of. 10-1-09 109.4 Work commencing before permit issuance. Any per - sort who commences any work on a building or stnicture before obtaining the necessary permils shall be subject to an investigation fee. The amount of the investigative fee shall be the average or actual additional cost of ensuring that a build- ing or structure is in conformance with this code and shall be in addition to the required permit fees. ORS 455.058 is not part of this code but is reprinted here for the reader's convenience: 455.058 investigation fee for work commenced without permit; rules. (1) Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, sirurture or system is in conformance. with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences. 12 (2) This section does not apply to: (a) An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair, or (b) Any project for which construction, alteration, repair, maintenance of installation in a building or structure prior to obtaining a permit is expressly authorized by law. (3) The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. [2013 c.324 §2 Exception: Work as permitted in Section 105.1. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done, in connection to or concurrently with the work authorized by a building perr it shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by Iaw. 109.6 Refunds. The building official is authorized to estab- lish a refund policy. - � t 110.1 General. Construction or work for which a pernzit is required shall be subject to inspection by the building of fi.ciat and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shalll not be construed to be an approval of a violation of the provisions of this code or of other laws or ordinances of the jurisdiction. Inspections pre- suming to give authority to violate in cancel the provisions of this code or of other laws or ordinances of (lie jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an applica- tion has been filed, 110.3 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.11. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel. is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foun- dation shall be on the job, except. where concrete is ready mixed in accordance with ASTM C 94. the concrete need not be on the job. 110.3.2 Concrete slab and under -boor inspection. Con- crete slab and under -floor inspections shall be made after in - slab or under -floor reinforcing steel and building service 2014 OREGON STRUCTURAL SPECIALTY CODE 9 equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the base- ment, and prior to further vertical construction, the eleva- tion certification required in Section 1612.5 shall be submitted to the building of as required for building code administration and to the Flood Plain Administrator in the management of any NFIP requirements. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing;, fireblock- ing and bracing are in place and pipes, chimneys and vents to be concealed are. complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fas- teners are taped and finished. Exception: Gypsum board that is not part of a fire - resistance -rated assembly or a shear assembly. 110.3.6 Fire- and smoke -resistant penetrations. Protec- tion of joints and penetrations in fire -resistance -rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: enve- lope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC. and water -heating equipment efficiency. 110.3.8 0fher inspections. In addition to the inspections specified in Sections 110.3.1 through 1 0.3.7, the building official is authorized to make or requimother inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety, 110.3.9 Special inspections. For special inspections, see Chapter 1 7. 110.3.10 Final inspection, The final inspection shall be, made after all work required by the building permit is completed. 110.3.11 Radon mitigation inspections. Where radon mitigation systems are required by Section 1811 or 1812, or both, inspections shall be provided in accordance with the methods and fiequency prescribed in this section. 110.3.11.1 Inspection of subfloor preparation. In conjunction with the "Concrete slab and underfloor inspections" required by Section 110.3.2. the building of shall conduct subfloor preparation inspections. Such inspections shall be made after the placement of the gas -permeable layer in accordance with the compli- ance method selected in Section 1811.2.1 or 1812, or both. Depending upon the method of construction, inspections shall include, but not be limited to: 1. Aggregate type and placement. SCOPE AND ADMINISTRATION 2. Sand type and placement. 3. Geotextile fabric placement. 4. Gas conveyance piping system placement in accordance with Section 1811.3.4. 5. Radon suction pits, including plenum boxes, col- lection pits, ete. 6. Preparations for installation of subslab soil exhaust ducts. 7. Other inspections as required by the 'building offi- cial to ensure compliance with selected alternate methods or engineered systems. 110.3.11.2 Inspection of walls in contact with soil -gas. For designs incorporating walls in contact with soil -gas, the building official shall conduct inspections for compli- ance with Section 1811.2.4, This inspection shall be made in conjunction with the, "footin.g rind f<rundation inspec- tion" required by Section 1103. 110.3.11.3 Inspection of subslah soil exhaust system duct (SSESD). In conjunction with the " fi-anie inspection" required by Section 110.3.4. the building official shall conduct SSESD inspections_ Such inspections shall be made after the placement and identification of all SSESD's as required by Sections 1811.2.5 and 1912.3.7, and where an active soil depression system is selected in accordance with Section 1811.3.2, 110.3.11.4 Inspection of SSESD blower —active soil depressurization systems (ASD). In conjunction with the ,final inspection" required by Section 1 10.3.10, the build- ing official shall conduct ASD SSESD blower inspections. Such inspections shall be made after the installation of SSESD blowers in accordance with Section 1811.3.3. 110.4 Inspection agencies. The building official is autho- rized to accept reports of approved inspection agencies, pro- vided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building pertn t or their duly authorized agent to notify the building gfficial when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such wort: that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspec- tions and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until autho- rized by the building official. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. No building or structure shall be, used or occupied. and no change in the existing character, use or occupancy classification of a building or structure or por- tion thereof shall be made, until the building official has 2014 OREGON STRUCTURAL SPECIALTY CODE 13 SCOPE AND ADMINISTRATION issued a certificate of occupancy for such change in character, use or occupancy therefor as provided herein, Issnance of a certificate of occupancy shall not be construed ns an approval of a violation of the provisions of this code or of other ordi- nances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from per»tits under Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provi- sions of this code or other laws that. are enforced by the, department of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner, 4. A description of that portion of the struct.urc for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the require- ments of this code for die occupancy and division of occupancy and the use for which the proposed occu- pancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provi- sions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10, The design occupant load. 11, If an autotnalic sprinkler s)uurm is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the build- ing permir. 111.3 Temporary occupancy. The building official is autho- rized to issue a temporary certificate of occupancy before the completion of the entire work covered by the hermit, pro- vided that such portion or portions shall be occupied safely. The building afficial shall set a time period during which the temporary certificate of occupancy is valid. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or com- pletion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect infor- mation supplied. or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION 112 SERVICE UTILITIES Section 112, "Service Utilities," is not adopted by the State of Oregon but may be adopted by the local jurisdiction. SECTION 113 BOARD OF APPEALS 1.13A General. In order to hear and decide appeals of orders, decisions or determinations made by the building of rel- ative to the application and interpretation of this code, the local jurisdiction shrill establish in appeals procedure. 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code of the rules legally adopted thereunder have been incorrectly interpreted. the provisions of this code do not fully apply or an equally good or better form of construction is proposed. An appeals hoard, when appointed, shall have no authority to waive requirements of this code. 113.3 Qualifications. An appcais board, when appointed, shall consist of atembers who are qualified by experience and train- ing to pass on matters pertaining to building construction. < 113.4 Appeal of decision of building official. ORS 455,475 provides an alternative appeals process to that set forth by the local municipality. ORS 455.475 is not part of this code but is reproduced here. for the. reader's convenience: 455.475, Appeal of decision of building official. (1) An applicant for a building permit may appeal a decision made by a building official under authority established pursuant to ORS 455.148, 455.150 or 455.467. The following apply to an appeal under this subsection: (a) An appeat regarding the interpretation or application of a particular specialty code provision shall be. made first to the appropriate specialty code chief inspector of the Department of Consumer and Business Services. The decision of the department chief' inspector may be appealed to the appropriate advisory board. The decision of the advisory board may only be appealed to the Director of the Department of Consumer and Business Services if codes in addition to the applicable specialty code are at issue. (b) If the appropriate advisory board determines that a decision by the department chief inspector- is a major code interpretation, then the inspector shall distribute the decision in writing to all applicable specialty code public and private inspection authorities in the state. The decision shall be distributed within 60 days after the board's determination, and there shall be no charge for the distribution of the decision. As used in this', paragraph, a "major code interpretation;" ;means a code interpretation decision that affects or may affect more than one job site or more than one inspection jurisdicaion_ (2) Except as provided in subsection (t) of this section, an applicant for a building permit may appeal the decision of a building official on any matter relining to the administration and enforcement of this chapter to the department. The appeal must be in writing. A decision by the department on an appeal filed under this subsection is subject to judicial review as provided in ORS 183,484, (3) If an appeal is made under this section; an inspection authority shall extend the plan review deadline by the number of days it takes for a final decision to be issued for the appeal. [ 1999 c.1045 §23; 2001 c.573 §15; 2013 c. 528 § 131 14 2014 OREGON STRUCTURAL SPECIALTY CODE ORS 455.690 allows appeal of a local appeals board deci- sion to the state Building Codes Structures Board. Appeals to the Building Codes Structures Board are limited to those that are technical and scientific in nature. ORS 455.690 is not part of this codc but is reproduced here- for the reader's convenience: 455,690 Appeal to advisory boa refs. Any person aggrieved by the final decision of a municipal appeals board or a subordinate officer of the Department of Consumer and Business Services as to the application of any provision of a specialt} code may, within 30 days after the date of the decision, appear to the appropriate advisory board. The appellant shall submit a fee of 20, payable to the deparnnent, with the request for appeal, The final decision of the involved municipality or state officer shall be subject to review and final determination by the appropriate advisory board as to technical and scientific determinations related to theapplication of the specialty code involved. jPormerly 456.850. 1993 c.744 §98] Note: Forms for filing an appeal under ORS 455.475 are available online at: www.bcd.oregon.gov. SECTION 114 VIOLATIONS 114.1 Prohibited acts are as described in ORS 455.450. ORS 455.450 is not part of this code hilt is reproduced here for tfie reader's convenience: 455.450 Prohibited acts. A person may not: (1) Violate, or procure or as;>ist in the Aolauon of, any final order the llirector of the Deparuuent of Consumer and Business Services, an advisory board, :i state. administrative officer (),'any local appeals board, building official or inspector, concerning the application of the state huilding code in it particular case or concerning, a license, Certificate, registration or other', authorization. (2) Engage in, or proci.uc or asBisl any odder person to engage in, any conduct or activity for which a permit, label, license, certificate, registration cir other formal autilmization is required by any specialty code, toy provision of ORS 446.04:i to 446 200, 446.225 to 446?85, 4,16.395 to 446.420, 446.566 to 446.60. 445.666 to 446.746, 479 i10 to 479.945, 479.950 and 480.510 to 4S0.670, this chapter or ORS chaptei 447, 460 or 693 or any rule adopted or order issued for the administration and enforcement of these provisions without first having obtained such permit, label, license, certificate. registration or other formal authorization. k. Violate, or procure or assist in the violation of, any standard, specification, requirement, prohihitiun or other technical provision set forth in the. state building code or an applicable local building code f er in any rule or order of the Department o Consumer and Business Services, an advisory board, it local governing body or local btulcling official. [rornrerly 456,885 ( I ); 2007 c.306 §31 114=') Notice of violation. The building gfficial is authorized to serve a notice of violation or order on the person responsi- ble for the constroction, reconstructtiort, alteration and repair of a building or structure in violation of the provrsions of this SCOPE AND ADMINISTRATION code. or in violation of a perinit or certificate issued under the provisions of this code. Such order shall direct tile, discontinu- ance of the. illegal action or condition and the- abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is I ho rized to request the. legal counsel of the jurisdiction to insti- tute the appropriate proceeding at law. 11.4.4 Violation penalties. Any person who violates a provi- sion of this code of fails to comply with any of the require- ments thereof or who erects, cunstn.ieBs alters or repairs a building or structure in violation of the approved consrrac- ,ion documents or directive of the 1 uildirit; c?fficial, or of a penult or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 114.5 Penalties. Fcnalty 11TJOUnts, other than those dc%cribcd in Section 109.4 are limited by ORS 455.89S.I,ocal authority to levy penalties is limited to violations of code application only. ORS 455.895 is not part of this code hilt is reproduced here for the reader's convenience: 41SSM5 Civil penalties. (1)(a) The State Plumbing Board may impose a civil penally against a person as provided under ORS 447,992 and 693.992.. Amounts recovered under this paragraph are sut�iect to ORS 693.165, (b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS '179,850. (c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS 480,670. Amounts recovered under this paragraph are subject to ORS 480.670. (2) The Department of Consumer and Business Services, or an appropriate advisory board, if any, may ants discretion impose it civil penalty against any person who violates the state building code or ORS 446.003 to 446.200, 446.225 to 4,W285, 446.395 to 446.420, 446,566 to 446.646, 446.666 to 446.-467 479.510 to 479945. 479,950 or 480.510 to 480.670, or this chapter or ORS chapter 447.. 460 or 693, or any rule adopted or order issued for the administration and enforcement of those Sumiltes. Except as provided in subsections (3), (rl) and (9) of this section or ORS 446.995, a civil penalty imposed under this section must be in an.�, amount determined by the appropriate advisory board or the', department of not more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense- (3) Each violation of ORS 446.003 to 446.200 or 446.225 to 446,285, or any rule or order issued under ORS 446.003 to 446.200 or 446.225 to 446.285, constitutes a separate violation with respect to each manufactured structure or with respect to each failure or refusal to allow or perform an act required thweh_y, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation. 2014 OREGON STRUCTURAL SPECIALTY CODE 15 SCOPE AND ADMINISTRATION (4) The department may impose a civil penalty of not more than $25,000 against a public body responsible for administering and enforcJrg a building inspection program. As used in this subsection, "public body" has the meaning given that terra in ORS 171,109. (5) The maximum penalty established by this section ,for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The department, by rule, shall define what constitutes a pattern of violations. Except as provided in subsections (J) and (10) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall be used by the department for enforcement and administration of provisions and rules described in subsection (2) of this section. (6) Civil penalties under this section shall be imposed tits provided in ORS 183.145_ (7) A civil penalty imposed under this section may be remitted or reduced upon Rich terms and conditions as the depmrttnant or the appropriate advisor)- hoard considers proper and consistent with the public health and safety, In any jud;cinl review of a civil penalty imposed under this section, the court may. in its discretion, reduce the penalty. (8) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or nssocianon, who personally participates in or is an accessory to any violation by the partnership., association or corporation of a provision or rule. described in subsection (2) of this section is subjeci to tlt,,, penalties prescribed in this section. (91 In addition to the civil penalty set forth in subsection (I7 or (2) of this section, any person who violates a provision or rule described in subsection (2) oi'this section may be required by the department or the appropriate advisory heard to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the department or advisory board that does not exceed rive. times the amount by which such person profited in any transacnon that violates a provision or rule described in subsection (2) of this section_ (i 0) If a civil penalty is imposed for a violation of a provision of ORS 446,560 to 446.n46 and the violation relates to a tiling or failure to file with a county assessor functioning as agent of tile, department, the department, after deducting an amount equal to tl;e department's procedural, collection and other related costs and expenses, shall forward one-half of the remaining civil penalty amount to the county in which the manufactured structure is ]ooated at the time of the violation. [1991 c.792 §4; 1991 c.734 § 1 11; 1999 c.1045 §) 9; 20L11 c.41 1 521; 2003 c.14 § 2W 2003 cA55 § 76; 2007 c.549 §6; 2007 c.898 § 1; 2013 c.324 § 11 ] 115.1 Authority. Whenever the building ofeiat finds any work regulated by this code being performed in a rrtanner either con- trary, to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and chat] be given to the owner of the property involved. or to the owner's agent, or to the person doing the work. Upon issu- ance of it stop work order. the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be perinit- l:ed to resume. 1153 Unlawful continuance. Any parson who shall con- tinue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 Section 1 )6 "Unsafe Structures and Equipment" is not adopted by the ;state of Oregort but may be adopted by local jurisdictions. 16 2014 OREGON STRUCTURAL SPECIALTY CODE CHAPTER 1 SCOPE AND ADMINISTRATION PART 1—SCOPE AND APPLICATION SECTION 101 GENERAL 101.1 Title. These. regulations shall be known as the Oregon Structural Specialty Code and may be cited as such and will be referred to herein as "this code." 101.2 Scope. The scope of this code is as provided in ORS 455,020(l). ORS 455.020 is not part of this code but is reprinted here for the reader's convenience: 455.020 Purpose; scope of application; exceptions; scope of', rules; fees by rule. (1) This chapter is enacted to enable the Director of the Department of Consumer and Business Services to promulgate a state building code to govern the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein, and to require the correction of unsafe conditions caused by earthquakes in existing buildings. The• state building code shall estahlish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort and security of the residents of this state who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation. [Formerly 456.755; i991 c,227 §2; 1991 c310 §2; 1995 c.304 §1; 1995 c.400 §5; 1999 c.1045 § 13; 1999 c.1082 § 11; 2001 a.710 §8i The Oregon Structural Specialty Code as adopted by the State of Oregon, Building Codes Division, includes portions of the International Building Code, the Intel -tuitional Fire Code and other nationally adopted codes. i 1t does not include provisions of the "State Fire Code" adopted under the State Fire Marshal's statutory authority. Unlike the "State Fire Code," the provisions of the Oregon Structural' Specialty Code shall apply to the construction, reconstruction. alteration, repair and installation of materials and equipment in or a part of buildings and structures covered under the state building code. Detached one- and two-family dwellings and multiple sin- gle-family dwellings (townhouses) not more than three ,sto- ries above grade plane in height with a separate rneans of egress and their accessory structures shall comply with the Residential Code. 2019 OREGON STRUCTURAL SPECIALTY CODE Consistent with the purpose and scope of application of the state building code as authorized in ORS 455.020, this code shall not apply to the following: 1. The construction, alteration, moving, demolition, repair, maintenance and work located primarily in a public. way. 2, Abatement of nuisances and dangerous buildings. 3. Fire safety during construction. 4. Demolition. 5. Protection of adjoining property. 6. Temporary use of streets, alleys and public property. 7. Portable fire extinguishers. 8. Encroachments into the public way. 9. Public utility towers and poles. 10. Mechanical equipment not specifically regulated in this code. 11, Hydraulic flood control structures, including but not limited to darns and levees. 12. Retaining walls that do not provide safeguards for the users of buildings; and do riot support a regulated building or required accessible parking: and do not retain material, if not restrained, could impact a regu- lated building. 13. Fences. 14. Tanks that are located exterior to and not attached to or supported by a regulated building. 15. Cellular phone, radio, television and other telecom- munication and broadcast towers that are not attached to or supported by a regulated building. 16. Flagpoles not attached to or supported by a regulated building. 17. Signs not attached to or supported by a regulated building. 18. Ground -mounted photovoltaic arrays. 19. Floating structures. 20. Docks. 21. Fixed piers or wharves with no superstructure. 22, Equipment shelters not intended for human occu- pancy will) a building area of 250 square feet or less, designated as Risk Categor�l I or 11. 23. Transitional housing accoiztmodatioils. 24, Administration and implementation of a National Flood Insurance Program (NFIP). SCOPE AND ADMINISTRATION 25. Detached tents and other membrane structures erected for periods of 180 days or less. 26. Other structures not regulated by the state building code consistent with the scope of ORS 455.020. Municipalities, as defined in ORS 455.010(5), may estab- lish administrative procedures in accordance with ORS 455.020(4). and may amend specific sections of Chapter 1, as identified throughout the chapter. Municipalities are permitted to enact local ordinances for the following: 1. Pursuant to the regulation of dangerous buildings, a municipality may adopt seismic rehabilitation plans that provide for phased completion of repairs that are designed to provide improved life safety but that. may be less than the standards for new buildings. 2. Abatement of nuisances and dangerous buildings 3. Fire safety during construction. 4. Demolition. 5, Protection of adjoining property. 6. Temporary use of streets, alleys and public property 7. Encroachments into the public way. 8. Retaining walls that do not provide safeguards for the users of buildings; and do not support a regulated building or required accessible parking; and do not retain material, which if not restrained, could impact a regulated building. 9. Fences. 10. Tanks that are located exterior to and not attached to or supported by a regulated building. 11, Cellular phone, radio, television and other telecom- munication and broadcast towers that are not attached to or supported by a regulated building. 12. Flagpoles not attached to or supported by a regulated building. 13. Signs not attached to or supported by a regulated building. 14. Floating structures. 15. Docks. 16. Fixed piers or wharves with no superstructure 17. Equipment shelters not intended for human occu- pancy with a building area 250 square feet or less, designated as Risk Category I or II. 18. Administration and implementation of a National Flood Insurance Program (NFIP). 19. Transitional housing accommodations. 20. Matters not encompassed by this code. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted as noted in Sections 101,2.1.1 through 101.2.13. 101.2.1.1 Adopted appendices. The following appen- dices are adopted by the State of Oregon, Building Codes Division, as part of the state building code: 1. Appendix C, "Agricultural Buildings," 2. Appendix 1, "Patio Covets." 3. Appendix P, "Tall Wood Buildings." 101.2.1.2 Appendices not adopted, but are available for municipal adoption. The following appendices are not adopted by the State of Oregon, Building Codes Division, as part of the state building code but may be specifically adopted by a local municipality through local ordinance. L Appendix A, "Employee Qualifications." 2. Appendix B, "Board of Appeals." 3. Appendix D, "Fire Districts." 4. Appendix F, "Rodentproofing." 5. Appendix G, "Flood -resistant Construction." 6. Appendix H, "Signs." 7. Appendix J, "Grading." 8. Appendix O, "Tsunami Loads." 101.2.1.3 Appendices not adopted and not available for municipal adoption. The following appendices are not adopted by the State of Oregon, Building Codes Division, as part of the state building code, and a local municipality may not adopt the same as the subject matter is encompassed by this code: 1. Appendix E, "Supplementary Accessibility Requirements." 2. Appendix K, "Administrative Provisions." 3, Appendix L, "Earthquake Recording Instrumen- tation." 4, Appendix M, "Tsunami -generated Flood Haz- ard." 5. Appendix N, "Replicable Buildings." 101.31Purpose. The purpose of this code, as provided in ORS 455.020(l) and noted in Section 101.2, is to establish the minimum requirements to provide it reasonable level of safety, health and general welfare through structural strength, means of'egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations. It is not the purpose of this code to create or other- wise establish or designate any particular class or group of persons who will or should be especially protected or bene- fited by the terms of this code. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific require- ment shall be applicable. Where, in any specific case, differ- ent sections of this code specify different materials, methods 2 2019 OREGON STRUCTURAL SPECIALTY CODE of construction or other requirements. the most restrictive shall govern. 102.1.1 Statutory references. This code is adopted pursu- ant to Oregon Revised Statutes (ORS). Where this code and the statutes specify different requirements, the statute shall govern. Statutes related to this code include, but are not limited to, ORS 455.010 through 455.895 and ORS 447.210 through 447,310. Statutes referenced may be obtained from the Building Codes Division, 1535 Edgewater St. NW, Salem, OR 97304 or P,O. Box 14470, Salem, OR 97309 at a nominal cost or read online at: www.orc-gcui_gov/bcd. 102.2 (Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and stan- dards referenced in this code shall he considered to be part of the requirements of this code to the prescribed extent of each such reference anti as further regulated in Sections t02.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provi- sions of this code and referenced codes and standards, the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject: matter that is within the scope of this code, the provisions of this code shall take precedence, over the provisions in the referenced code or standard. OAR 918.008-0000 is not part of this code but is reprinted here for the readers' convenience: 918-008.0000 Purpose and Scope ())The Department of Consumer and Business Services, Building Codes Division, adopts model building codes, standards and other publications by reference, as necessary, through administrative rule to create the state building code. When a matter is included in a specialty code or referenced publication that is in conflict with Oregon Revised Statutes or Oregon Administrative Rules, the statute or rule applies and the code or standard provision does not. All remaining parts or application of the code or standard remain in effect. (2) Unless required by law, matters generally not authorized for inclusion in a specialty code or referenced standard include, but are not limited to: licensing or certification requirements, or other qualifications and standards for businesses or workers; structures or equipment maintenance requirements; matters covered by federal or .state law; and matters that conflict with other specialty codes or publications adopted by the department. (3) OAR 918-008-0000 to OAR 918-(H)8-0070 provides the process for adopting and amending the state building code that is consistent across all program areas. (4) The state building code is derived from the most appropriate version of base mode.] codes, which are updated periodically. 2019 OREOON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION (5) The Oregon specialty code amendment process begins approximately midway into a code cycle. (6) An appropriate advisory board approves or forwards the adoption of the Oregon specialty code and amendments to the Department for adoption. (7) Notwithstanding sections (3) through (6) of this rule, the division may adopt supplemental code amendments as authorized by OAR 918-008-002&. [Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 447,020, 455,030 & 479.730 Stats. Implemented: ORS 44T020. 455.030 &- 479.730 11ist.: BCD 26-1994, f. & cert. ef. 11-15-94; BCD 6-1997, f. & tort. ef. 4-1-97; BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8- 27-06; BCD 9-2006.. f. 6-30-06, cert. ef. 7-1-06; BCD 1-2014, f. t-22-14, cert. ef. 4-1-I4 102A.3 ASC)< Standard 24, Flood Resistant Design and Construction. The following ASCE 24 tables are not adopted by the State of Oregon, Building Codes Division. as part of the state building code, as the subject matter encompasses Free Board, Base Flood Elevation and Design Flood Elevation. The authority to establish the same is reserved for local government. I. Table 2-1, Minimum elevation of the top gf lowest floor. 2. Table 4-1, ltlinimum elevation gf bottom gf lowest supporting horizontal structural niernber gf lowest floor, 3. Table 5-1. Minimum- elevation below which flood damage -resistant materials shall be used. 4. Table b i, Minirrzum elevation of fToodprogfing. 5. Table, 7-1, Minimum elevation of attendant utilities and eyuipownt. SCOPE AND ADMINISTRATION National Flood Insurance Program (NFIP) Each local community participating in the National Flood Insurance. Program (NFIP) designates a local flood plain administrator who is responsible to make sure communities meet their insurance program obligations. Certain matters comprised within the NFIP program may conflict with or overlap with the state building code. Certain decisions such as sill plate height and other NFIP criteria fall under the authority and responsibility of the flood plain admtinistrotor. Once decisions under the NFIP program are made, then the appropriate requirements of this code for the construction of the building are applied. Local communities may choose to designate their local building official as the flood plain adminimatm or may designate other staff: When a building of functioning in the capacity of flood plain adrniniso-alor exercises authority under the NFIP, such decisions are not pert of this code nor subject to the building official duties and responsibilities as adopted by the Orcgon Building Codes Division, Per ORS 455.210(3)(c), local communities are prohibited from using building permit monies for any matter other than administration and enforcement of the state building code Administration and implementation of a local NFIP program are not part of the state binding code. 102.5 Partial invalidity. In the event that any part or provi- sion of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any struc- ture existing on thedate of adoption of this code shall be. per- mitted to continue N0hout change, except. as otherwise specifically provided in this code. Occupied and existing structures under state law related to building; inspection programs Note! This information is provided for building official use and is not intended to provide direction to any other form of government outside of a building of operating under Oregon Building Codes Division's state laws and rules. Questions regarding this information should be addressed through local counsel. Under ORS 476,030 and Chaptor 455, bolding officials are prohibited from requiring corrections or any changes to art existing structure that is maintained in conformity with the state building code regulations in effect at the time of construction. Linder ORS Chapters 476 and 455, occupied structures that have no valid certificate of occupancy do not fall under the delegated authority from the state Building Codes Division. No state authority exists for building officials to access buildings or require corrections for structures unless a permit application is on file. References within the state b.+ilding code that provide access and investigative authority to building gfficieds are rescinded and are not valid. Under state authority, buildings occupied without a valid certificate of occupancy or permit are under the enforcement authority of the Office of State Fire \4arshal, Local programs should ensure that adequate local ordinances have been adopted allowing for enforcement action where a certificate of occupancy was not issued or where no permit has been applied for. 102.6.1 Compliance. The repair, alteration, changeof occupancy, and addition to existing buildings shall corn - ply with the International Existing Building Corte as amended by Chapter 34 of this code. 102.6.1.1 Local seismic rehabilitation. See ORS 455.020 (4). ORS 455.020 (4) is not part of this code but is reprinted here for the readers' convenience: 455.020 Purpose; scope of application; exceptions; scope of rules; fees by rule. (4) This chapter and any specialty code does not [unit the authority of a municipality to enact regulations providing for local administration of the state building rode; local appeal boards; fees and other charges; abatement of nuisances and dangerous buildings; enforcement through penalties, stop -work orders or other means; or minimum he&hh, sanitation and safety standards for governing the use of structures for housing, except where the power of inunicipalities to enact any such regulations is expressly withheld or otherwise provided for by statute. Pursuant to the regulation of dangerous buildings, a municipality may adopt seismic rehabilitation plans that provide- for phased completion of repairs that are designed to provide improved life safety but that may be less than the standards for new buildings. [Formerly 456,755; 1991 c_227 §2; 1991 c.310 §2; 1995 c.304 §1; 1995 c.400 § 5; 1999 c.1045 § 13; 1999 c.1082 § 1 1; 2001 c.710 § 8] PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DEPARTMENT OF BUILDING SAFETY The requirements of Section 103 shall apply unless specifically amended by a local rnunicipalhy under the, authority of ORS 455,020. 103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the hailditng official. 103.2 Appointment. The building official shall be appointed by the chief appointing authority of tire, municipality. 103.3 Deputies. In accordance with the prescribed proce- dures of this munfcipaliry and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related 2019 OREGON STRUCTURAL SPECIALTY CODE technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL The requirements of Sections 104.1 and 104.3 shall apply unless specifically amended by a local munic•ipaliry under the authority of ORS 455.020, 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Consistent with dis- cretionary decision -making powers granted to building offc- cials, a building official may take any action including but not limited to waiving a requirement, modifying a requirement andlor accepting an alternate method to the requirements of this code. When waiving or accepting a modification, a build- ing official shall not allow a provision that would create an imminent threat to public health or safety, and may not enforce requirements that are in addition to this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the. provisions of this code. 104.2.1 Determination of substantially improved or substantially damaged existing buildings and struc- tures in flood hazard areas. For applications for recon- struction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas established by the flood plain administrator, the flood plain administrator shall determine if the proposed work constitutes substantial improvement or repair of substantial dmnage. Where the flood plain administrator determines that the proposed work constitutes substantial improvement or repair of sub- stantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612. 104.3 Notices and orders. The building official shall issue necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make the required inspections, or the building official shall have the authority to accept reports of inspection by approved agen- cies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The build- ing official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Right of entry. (Not adopted by the State of Oregon, Building Codes Division, as part of the state building code.) 2019 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION 104.6 Department records. The building nffic.ial shall keep official records as dictated by OAR 166-150-0020 where a county has jurisdiction; OAR 166-200-0250 where a city has jurisdiction; and OAR Chapter 166 Division 300, et at., for the cities and counties where the State of Oregon has jurisdic- tion. Such records shall be retained in the official records for the period indicated in the respective OAR sections noted in this section, The building gfficial shall maintain a permanent record of all permits issued in flood hazard areas, including copies of inspection reports and certifications required in Section 1612. C 104.7 Liability. See ORS 30.265 for regulations relating to liability. < 104.8 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.8.1 Used materials and equipment. Used materials, equipment and devices shall not be, reused unless approved by the building df lccal. Used or salvaged dimensional lumber shall be permitted to be used. 104.9 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the build- ing official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner's authorized agent, provided that the building official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compli- ance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of action grant- ing modifications shall be recorded and entered in the files of the department of building safety. 104.9.1 Flood hazard areas. (Not adopted by the State of Oregon, Building Codes Division, as part of the slate building code.) The building official shall not grant modi- fications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that: 1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate. 2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable. 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the pub- lic, or conflict with existing laws or ordinances. 4. A determination that the variance is the minimum nec- essary to afford relief, considering the flood hazard. 5. Submission to the applicant of written notice speci- fying the difference between the design flood eleva- tion and the elevation to which the building is to be built, stating that the cost of flood insurance will be SCOPE AND ADMINISTRATION commensurate with the increased risk resulting from the reduced floor elevation, and stating that con- struction below the design flood elevation increases risks to life and property. 104.10 Alternative materials, design and methods of con- struction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building oUcial finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance. durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. 104.10.1 Research reports. Supporting data, where nec- essary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.10.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the require- ments of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compli- ance to be made without expense to the municipality. 'Pest methods shall be as specified in this code or by other rec- ognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. SECTION 105 PERMITS 105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, change the character or use of the occupancy, or change the occu- pancy of a building or structure, which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. See ORS 455.020(2). Exceptions: 1. Construction subject to minor labels and master per- mits when authorized by the inspection authority under OAR Chapter 918, Division 100. 2. Temporary (180 days) structural supports, structural replacement or repairs performed in an emergency on an existing structure. The authority having juris- diction shall be notified of this work within 72 hours and permit application for the temporary work shall be submitted within the next five business days, 105.2 Work exempt from permit. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 120 square feet (1 I m`). 2. Oil derricks. 3. Platforms, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 5. Temporary motion picture, television and theater stage sets and scenery. 6. Shade cloth structures constructed for nursery or agricultural purposes, not including service sys- tems. 7. Window awnings in Group R-3 and U occupan- cies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior Hall and do not require additional support. 8. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 9. Farm or forest use agricultural buildings exempted in ORS 455.315 (see also Appendix C), 10. Equine facilities exempted in ORS 455.315. Note: Unless otherwise exempted, separate plumbing, electrical and mechanical permits may be required for the exempted items listed in this section. Additionally, all new construction and substantial improvements (including the placement of prefabricated buildings and certain building work exempt from permit under Section 105.2) shall be designed and constructed with methods, practices and materials that minimize flood damage. in accordance with this code. 105.2.1 Repairs. Application or notice to the building offi- cial is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall. par- tition or portion thereof; the removal or cutting of any structural beam or load -bearing support; or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe. The requirements of Sections 1053 through 105.6 shall apply unless specifically amended by a local rnunicipality under the authority of ORS 455.020. 105.3 Application for permit. To obtain a permit, the appli- cant shall first file an application therefor in writing on a form 2019 OREGON STRUCTURAL SPECIALTY CODE C 3 furnished by the department of building safety for that pur- pose. Such application shall; 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State, the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's autho- rized agent.. 7. Give such other data and information as required by the building official. 105.3.1 Action on application. The building af"acial shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after fil- ing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building gfcial shall reject such application in writing, stating the reasons therefor. If the building official is satis- fied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building q,ff icial shall issue a permit therefor as soon as practicable. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The exten- sion shall be requested in writing and justifiable cause demonstrated. 1.05.4 Validity of permit. The issuance or granting of a per- mit shall not be coustrued to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other laws or ordinances of the municipality. Permits pre suming to give authority to violate or cancel the provisions of this code or other laws or ordinances of the municipality shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building zf- cial from requiring the correction of errors in the construction documents and other data, The building official is authorized to prevent occupancy or use of a structure where in violation of this code or of any other laws or ordinances of this nuanici- pality. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is com- menced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or aban- doned for a period of 180 days after the time the work is com- menced. The building gjficial is authorized to grant, in 2019 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writ- ing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a pertnit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete informa- tion, or in violation of any ordinance or regulation or any of the provisions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. In commercial or industrial build- ings, for each floor or portion thereof designed for live locals exceeding 50 psf (2,40 0/ni'), such design live toads shall be conspicuously posted by the owner or the owners autho- rized agent in that part of each stay in which they apply, using durable signs. It shall be unlawful to remove or deface such notices, 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section l I 1 shall not be issued until the floor load signs, required by Section 106.1, have been installed, 106.3 Restrictions on loading. It shall be unlawful to place. or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construc- tion documents, statement of special inspections, geotechni- cal report and other data shall be submitted in two or more sets with each permit application, The construction docu- ments shall be prepared by a registered design professional where required by ORS 671 and 672. Where special condi- tions exist, the building official is authorized to require addi- tional construction documents to be prepared by a registered design professional. Exceptions: 1. The building official may waive the submission of plans, calculations, construction inspection require- ments and other data and the related plan review fee if it is found that the nature of the work applied for is such that review of plans is not necessary to obtain compliance with this code. 2, Plans, specifications, calculations, diagrams and other data prepared and designed by an engineer or architect licensed by the state to practice as such are not required for the following work, provided the building of determines that the work. is not of a SCOPE AND ADMINISTRATION highly technical nature or there is no unreasonable potential risk to life and/or safety of the structure; 2.1. The erection, enlargement or alteration of any building, or any appurtenance thereto, where the resulting building has a ground area of 4,000 square feet (372 m2) or less and is not more than 20 feet (6096 mm) in height from the top surface of the lowest floor to the highest interior overhead finish (see ORS 671,030). 2.2. A single-family dwelling; farm agricultural building; nonfarm agricultural building; or accessory building to a single-family dwell- ing, farm agricultural building, or nonfarm agricultural building. 2.3. Alterations or repairs that do not involve the structural parts of the building. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 307.2.8. 107.2.1 Information on construction documents. Con- struction documents shall be dimensioned and drawn on suitable material. Electronic media documents are permit- ted to be submitted where approved by the building of t- cial. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work pro- posed and show in detail that it will conform to the provi- sions of this code and relevant laws, ordinances, rules and regulations, as determined by the building qfficial. 107.2.2 Fire protection system shop drawings. Shop drawings, plans, specifications or sketches for the fire pro- tection systeni(s) shall be submitted to the building official pursuant to the requirements of the state building code and ORS Chapter 455 or ORS 479.155 to determine compli- ance with the state building code, including but not limited to fire and life safety standards that are part of the state building code. Shop drawings, plans, specifications or sketches shall be approved prior to the start of system installation, Shop drawings shall contain all information as required by the referenced installation standards in Chap- ter 9. The issuance of permits and inspections shall be the authority of the Building official to administer under ORS Chapter 455. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the tneans of egress including the path of the exit discharge to the public way in compliance with the provisions of this code, In other than occupancies in Groups R-2, R-3, and LI1 the con- struction documents shall designate the number of occu- pants to be accommodated on every floor, and in all rooms and spacce. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior- wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or para- pets, means of drainage, water -resistive membrane and details around openings. The construction documents shall include manufac- turer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope, The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used. 107.2.5 Exterior balconies and elevated walking sur- faces. Where balconies or other elevated walking surfaces are, exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions. 107.2.6 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the pro- posed finished grades and it shall be drawn in accordance with an accurate boundary line survey. The building nffi.- cial is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted, C 107.2.7 Structural information. The construction docu- ments shall provide the information specified in Section 1603. < 107.3 Examination of documents. The building official shalt examine or cause to be examined the accompanying submittal documents and shall ascertain by such examina- tions whether the construction indicated and described is in accordance with the requirements of this code and other perti- nent laws or ordinances. 107.3.1 Approval of construction documents. When the Building of issues a permit, the construction docu- ments shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construc- tion documents so reviewed shall be retained by the build- ing gfficial. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly autho- 2019 OREGON STRUCTURAL SPECIALTY CODE rized representative. Construction docurnents shall be approved in the timelines specified in ORS 455,467. ORS 455.467(l) &z (2) are. not part of this code but are reprinted here for the reader's convenience; 455.467 Timelines for approval or disapproval of certain specialty code building plans; exceptions: phased permit systems; failure to adhere to timelines. (1) Except as provided in subsection (2) of this section, for specialty code plan reviews of simple tow -rise residential dwellings, the Department of Consumer and Business Services or a municipality that administers a building inspection program under ORS 455.148 or 455.150 shall approve, or disapprove the specialty code building plan: (a) For a jurisdiction with a population that is less than 300,000. within 10 business days of receiving a complete, application: or shall implement the process described in ORS 455.465. (b) For a jurisdiction with a population that is 300,000 or more, shall implement the process described in ORS 455.465. (2) The 10-day and 15-day requirements in subsection (1) of this section do not apply if: (a) The plan requires approval by federal, state or local agencies outside the jurisdiction of the issuing agency; (b) The plan is for a complex structure that requires additional review as determined by the department or municipality; or (c) Based on conditions that exist in the affected municipality, the Director of the Department of Consumer and Business Services authorizes a different plan review schedule as described in a building inspection program submitted under ORS 455.148 or 455.1% [1999 c.1045 §21; 2001 c,184 §1; 2001 c..573 §13; 2003 c,675 §28] 107.3.2 Previous approvals. This code, shall not require changes in the construction docurnents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pur- sued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. The building official is autho- rized to issue a permit for the construction of foundations or any other part. of a building or structure before the con- struction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 147.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a reg- 2019 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION istered design professional, the building official shall be authorized to require the owner or- the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent. shall designate a substitute reg- istered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner's authorized agent if the registered designprQJs.s- sional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. 107.3.4.1 Deferred submittals. Deferral of any sub- mittal items shall have the prior approval of the build- ing official„ The registered design professional in responsible charge shall list the. deferred submittals on the construction documents for review by the building of icia 1. Documents for deferred submittal items shall be subrrutted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal docu- ments have been approved by the building official. See ORS 455.46 7 (3). ORS 455.467(3), (4), (5) &z (6) are not part of this code but are reprinted here for the reader's convenience: (3) For specialty code plan reviews of commercial structures, a municipality shall include in its building inspection program suhrnitted under ORS 455,148 or 455.150 a process for plan review services. The municipality shall include in its program detailed reasons supporting the proposed plan review process. The plan review services provided by the municipality shall: (a) Allow an applicant to defer the submittal of plans for one or more construction phases for a commercial construction project in accordance with the state. building code•, and (b) Allow an applicant to receive permits for each of the phases of a commercial construction project as described in the state building code when the, plan review for that phase is approved. SCOPE AND ADMINISTRATION (4)For a phased commercial construction project as described in subsection (3) of this section, the municipality shall inform the applicant of the detailed plans necessary for each phase of the project and the estimated time for initial and phased review of the building plans for conformance with the state building code. (5) An applicant submitting plans under subsection (3) of this section is responsible for ensuring that the project meets all specialty code requirements and that the project does not proceed beyond the level of approval authorized by the building official- (6) A municipality that repeatedly fails to meet the plan review period described in this section or otherwise authorized in its building inspection program submitted under ORS 455.148 or 455.150 shall be considered to be engaging in a pattern of conduct of failing to provide timely plan reviews under ORS 455,160, [1999 c.1045 §21; 2001 c.384 § 1; 2001 c.573 § 13; 2003 c.675 §28] 107.3.5 hire and life safety plan review, occupancies to be reviewed. ORS 479.155(2) requires submission of plans for review and approval of certain occupancies. Unless exempted by the Building Codes Division through delegation of the fire and life, safety plan review program, the owner shall submit to the building codes administrator two copies (or, where required, an additional copy shall be submitted for local government use) of a plan or sketch drawn clearly and to scale showing infor- mation as set forlli in Section 107.3.5.1. for review and approval prior to beginning construction or alteration. Fire and life safety plan review is required for the following occupancies: 1. Group A occupancies. 2. Group B occupancies over 4,000 square feet (372 mr) or more than 20 feet (6096 mm) in height, or with a basement. 3. Group F occupancies. 4, Group F occupancies over 4,000 square feet (372 m`) or more than 20 feet (6096 min) in height, or with a basement. 5, Group H occupancies over 1,500 square feet (139 in 2) or more than 20 fect (6096 mm) in height, or with a basement. 6. Group T occupancies. 7. Group M occupancies over 4,000 square feet (:372 m2) or more than 20 feet (6096 mm) in heighl, or with a basement. 8. Group R, Division 1, 2 and 4 occupancies over 4,000 square feet (372 m2) or more, than 20 feet (6096 min) in height, or with a basement over 1,500 square feet (139 m2). 9. Group S, Division 1, 2 and 3 occupancies over 4,000 square feet (372 m') or more than 20 feet (6096 min) in height, or with a basement. 10, Group U occupancies over 4,000 square feet (372 m`) or more than 20 feet (6096 mm) in height, or with a basement. Two copies of a plot plan for the occupancies listed in this section shall be submitted for the placing of prefabri- cated structures to show the relationship of all adjacent buildings and their exit ways. ORS 479.155(2) is not part of this code but is reprinted here for the reader's convenience: 479.155 Plan of proposed construction or alteration; declaration of value; approval of plan; effect of approval; rules. (2) Prior to construction or alteration of a hospital, public building as defined in ORS 479.168, public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210, or any other building or structure regulated by the State Fire Marshal for use and ocatpsacy or requiring approval by the State Fire Marshal pursuant to statute, the owner shall submit to the director two copies of a plan or sketch showing the location of the building or structure with relation to the premises, distances, lengths and details of construction as the director shall require. A filing is not required with respect to any such building or structure in any area exempted by order of the State Fire Marshal pursuant to ORS 476,030. Approval of the plans or sketches by the director is considered approval by the State Fire Marshal and satisfies any statutory provision requiring approval by the State Fire Marshal. [ 1965 c.602 § 14; 1967 c.417 §20; 1973 c.834 §33; 1977 c.821 §4; 1987 c.414 § 158; 1993 c.744 § 116; 1999 c.1082 § 13; 2005 c 22 §364] 107.3.5.1 Fire and life safety plan review limits. The fol- lowing portions of this code, shall be used to review the plans submitted under this subsection. (These require- ments are not intended to apply to structural, architectural, light and ventilation, accessibility and energy conservation requirements of the code except as they affect require- ments included on the list.) Chapter 1, except Sections 103, 104, 105, 109, 110 and 113. Chapters 2 through 10. Chapter 1 I (egress signage). Chapters 14, Chapter 15 (except Sections 1503 and 1504); Chapter 24. Chapter 26. Chapters 30 through 32. Chapter 34. Appendix C. 107,4 Amended construction documents. Work shall be installed in accordance with the approved construction docu- ments, and any changes made during construction that are not in compliance with the approved construction documents sha11 be. resubmitted for approval as an amended set of con- struction documents. 10 2019 OREGON STRUCTURAL SPECIALTY CODE 107.5 Retention of construction documents. One set of approved construclion documents shall be retained by the building ujficial for a. period of not less than dictated by OAR 166. 150-0020 where a county has jurisdiction, OAR 166- 200-0250 where the city has jurisdiction; and OAR 166-300, et al., for the jurisdictions where the State of Oregon has jurisdiction. One set of approved plans and specifications shall be returned to the applicant and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more: than 180 clays. The building gociol is authorized to grant extensions for demonstrated cause. See Chapter 31. for additional requirements. "Tents and other membrane structures erected for a period of less than 180 days are regulated by the fire official. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be dis- continued. SECTION 109 FEES The requirements of Section 109 shall apply unless sp�55.fO�2O) amended by a munic'iprrlity under the authority of ORS 4 109.1 Payment of fees. A permit shall not. be valid until the fees prescribed by law have been paid, not, shall an amend- ment to a permit be released until the additional fee, if any, has been paid. 109.2 Schedule of permit fees. On buildings, structures or alterations requiring a permit, a fee for each permit shall be paid as required. in accordance with the schedule as "lab• lished by the municipality. under authority of ORS 455.020 and 455.210 or as set forth in OAR Chapter 918, Division 460. where the State of Oregon has jurisdiction. SCOPE AND ADMINISTRATION ORS 455.020(2) is not part of this code but is reprinted here for the reader's convenience: 455.020(2) Purpose: scope of application; exceptions; scope of rules; fees by rule. (2) The rules adopted pursuant to this chapter shall include structural standards; standards for the installation and use of mechanical, heating and ventilating devices and equipment; and standards for prefabricated structures; and shall, subject to ORS 455.210, prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review services by the Department of Consumer and Business Services. 1'he department may also establish, by rule, the amount of any fee pertaining to the state building code or any specialty code that is authorized by statute, but for which an amount is not specified by statute. [Formerly 456.755; 1991 c.227 §2; 1991 c310 §2; 1995 c.304 § 1; 1995 c,400 §5; 1999 c.1045 § 13; 1999 c1082 § 11; 2001 c.710 §8] ORS 455.210(3)(a) is not part of this code but is reprinted for the reader's convenience: ORS 455.210 Fees; appeal of fires; surcharge; reduced fees; rules. (3)(a) A municipality may adopt by ordinance or regulation such fees as may he necessary and reasonable to provide for the administration and enforcement of any specialty code or codes for which the municipality has assumed responsibility under ORS 455.148 or 455. 150, A municipality shall give the director notice of the proposed adoption of a new or increased fee under this subsection. The municipality shall give the notice to the director at the tirne the municipality provides the opportunity for public comment under ORS 294.160 regarding the fee or, if the proposed fee is contained in an estimate of municipal budget resources, at the time notice of the last budget meeting is published under ORS 294.426, [Subsections (1) to (5) formerly 456.760; subsection (6) enacted as 1987 c_604 §6; 1997 c.856 §1; 1999 c.432 §l; 1999 c.1045 §24; 1999 c.1082 §9, 2001 c.573 §9; 2001 c.673 §1; 2005 c.193 §1; 2005 c.833 §3; 2007 c.69 §5; 2011 cA73 §291 109.2.1 Plan review fees. Where submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be a percentage of the building permit fee as established under Section 109.2. Additionally, the fee for a fire and life safety plan review, as required by Section 107.3.5, shall be a percentage of the building permit fee established under Section 109.2. 2019 OREGON STRUCTURAL SPECIALTY CODE 11 SCOPE AND ADMINISTRATION The plan review fees specified in this section are sepa- rate from the permit fees specified in Section 109.2 and are in addition to the permit fees. The state surcharge is not applied to plan review fees. Where submittal documents are incomplete or changed so as to require additional plan review; a fee shall be charged according to the rate established by the municipal- ity, Where the project involves deferred submittal items, as defined in Section 107.3,4,2, an additional plan review fee shall be charged according to the rate established by the municipality in accordance with OAR 918-050-0170, 109.3 Building permit valuations. Structural building per- mit valuations shall be based on the Uniform Fee Methodolo- gies established by OAR 918-050-0100. Exception: Work as permitted in Section 105.I OAR 918-050-0100 is not part of this code but is reprinted here for the reader's convenience. Uniform Fee Methodology 918-050-0100 Statewide Fee Methodologies for Residential and Commercial Permits (2) Commercial constnuction permit fees shall be calculated using the following methodologies: (a) A plumbing permit fee shall be calculated based on the number of fixtures and footage of piping, with a set minimum fee. (b) A mechanical permit fee shall be calculated based on the value of the mechanical equipment and installation costs and applied to the municipality's fee schedule with a set minimum fee. (c) A structural permit fee shall be calculated by applying the valuation to the municipality's fee schedule with a minimum set fee. Valuation shall be the greater of either: (A) The valuation based on the ICC Building Valuation Data Table current as of April I of each year, using the occupancy and construction type as determined by the building official, multiplied by the square footage of the structure; or (B) The value as stated by the applicant, (C) When the construction or occupancy type does not fit the ICC Building Valuation Data Table, the valuation shall be determined by the building official with input from the applicant. Stat. Auth.: ORS 455.048 & 455.055 Stats. Implemented: ORS 455.046 & 455.055 Hist.: BCD 9-2000, f. 6-15-00, cert. cf, 10-1-00; BCD 31-2005, f. 1.2-30-05, cert, ef, 1-1-06; BCD 5-2007, f. 5-11-07, cert. of. 7-1 07; BCD 27-2008, f. ef.12-12-08, cert. cf. 1-1-09; BCD 7-2009, f. 9-30-09, cert. ef, 10-1-09 109.4 Work commencing before permit issuance. Any per- son who commences any work on a building, structure, elec- trical, gas, mechanical or plumbing systern before obtaining the necessary permits shall be subject to an investigation fee, The amount of the investigative fee shall be the average or actual additional cost of ensuring that a building or structure is in confomlance with this code and shall be in addition to the required permit fees. ORS 455.058 is not part of this code but is reprinted here for the reader's convenience: 455.058 Investigation fee for work commenced without permit; rules. (1) Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences. (2) This section does not, apply to: (a) An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or (b) Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law. (3) The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section, 12013 c.32, §2J 109.5 Related fees. The payment of the fee for the construe- tion, alteration, removal or demolition for work done in con- nection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. The building q icial is authorized to estab- lish a refund policy. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not he construed to be an approval of a violation of the provisions of this code or of other laws or ordinances of the municipality, Inspections pre- suming to give authority to violate or cancel the provisions of this code or of other laws or ordinances of the municipality shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work, to remain visible and able to be accessed for inspection purposes. Neither the building gfficial not, the municipality shall be liable for expense entailed in the removal or replacement of any mate- rial required to allow inspection. 12 2019 OREGON STRUCTURAL SPECIALTY CODE 110.2 Preliminary inspection. Before issuing a permit, the building of is authorized to examine or cause to be examined buildings, structures and sites for which an applica- tion has been filed. 110.3 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.11. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place.. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foun- dation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job. 110.3.2 Concrete slab and under -floor inspection. Con- crete slab and under -floor inspections shall be made after in -slab or under -floor reinforcing steel and building ser- vice equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any con- crete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon pltcement of the lowest floor, including the base- ment, and prior to further veiIieal construction, the eleva- tion certification required in Section 1612.4 shall be submitted to the building official as required for building code administration and to the flood plain administrator in the management of any NFIP requirements. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, frreblock- ing and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath, gypsum board and gypsum panel prod- uct inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and g,ypsurn panel products, interior and exterior, are in place; but before any plastering is applied or gyp- sum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire -resistance -rated assembly or a shear assembly. 110.3.6 Weather -exposed balcony and walking surface waterproofing. Where balconies or other elevated walk- ing surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is pro- tected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be con- cealed until inspected and approved. Exception: Where special inspections are provided in accordance with Section 1705.1.1, Item 3. 110.3.7 Fire- and smoke -resistant penetrations. Protec- tion of joints and penetrations in fire -resistance -rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. SCOPE AND ADMINISTRATION 110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: enve- lope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water -heating equipment efficiency. 110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3.1 through 110.3.8, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. 110.3.10 Special inspections. For special inspections, see Chapter 17. 110.3.11 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 110.3.12 Radon mitigation inspections. Where radon mitigation systems are required by Section 1811 or 1812, or both, inspections shall be provided in accordance with the methods and frequency prescribed in this section. 110.3.12.1 Inspection of subfloor preparation. In conjunction with the "concrete slab and under -floor inspection" required by Section 110.3.2, the building official shall conduct subfloor preparation inspections. Such inspections shall be made after the placement of the gas -permeable layer in accordance with the compli- ance method selected in Section 1811.2.1 or 1812, or both. Depending on the method of construction, inspec- tions shall include, but not be limited to. 1. Aggregate type and placement. 2. Sand type and placement. 3. Geotextile fabric placement. 4. Gas conveyancee piping system placement in accordance with Section 181 1.3.4. 5. Radon suction pits, including plenum boxes, col- lection pits, etc. 6. Preparations for installation of subslab soil exhaust ducts. 7. Other inspections as required by the building offi- cial to ensure compliance with selected alternate methods or engineered systems. 110.3,12.2 Inspection of walls in contact with soil gas. For designs incorporating walls in contact with soil gas, the building official shall conduct inspections for compliance with Section 1811.2.4. This inspection shall be made in conjunction with the "footing and foundation inspection" required by Section 110.3. 110.3.12.3 Inspection of subslab soil exhaust system duct (SSESD), In conjunction with the "frame inspec tion" required by Section 110.34, the building gfcial shall conduct SSF,SD inspections. Such inspections shall be made after the placement and identification of all SSESDs as required by Sections 1811,2.5 and 1812.3.7, and where an active soil depressurized sys- tem is selected in accordance with Section 1811,3.2. 2019 OREGON STRUCTURAL SPECIALTY CODE 13 SCOPE AND ADMINISTRATION 110.3.12.4 Inspection of SSESD blower —active soil depressurization systems (ASD). In conjunction with the "final inspection" required by Section 110.3.11, the building official shall conduct ASD SSESD blower inspections. Such inspections shall be made after the installation of SSESD blowers in accordance with Sec- tion 1811.3.3. 110.4 Inspection agencies. The building official is autho- rized to accept reports of approved inspection agencies, pro- vided that such agencies satisfy the requircments as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building pernru or their (July atnhori-red agent to notify the building gflrcial when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that arc required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspec- tions and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be. corrected and such portion shall not. be covered or concealed until autho- rized by the building affeial. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Change of occupancy. A building or structure shall not be used or occupied, and a change in the existing charac- ter, use or occupancy classification of a building or structure or portion thereof shall not be made, until the building of ficial has issued a certificate of occupancy for such change in char acter, use or occupancy therefor as provided herein_ Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code. Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the building aff cial shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner's authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the require- ments of this code for the occupancy and division of occupancy and the use for which the proposed occu- pancy is classified. 6. The name of the building official. 7. The edition of (lie code under which the permit was issued. 8. The use and occupancy, in accordance with the provi- sions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an outonzatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the build- ing perinit. 111.3 Temporary occupancy. The building official is autho- rized to issue a temporary certificate of occupancy before the completion of the entire work covered by the, permit. pro- vided that such portion or portions shall be occupied safety. The building official shall set a time period during which the temporary certificate of occupancy is valid. 11.1..4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or com- pletion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect infor- mation supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION 112 SERVICE UTILITIES 1 _ a_ ___._ _-- - I'he requirements of Section 112 are not adopted by the State of Oregon, Building Codes Division, as part of the state building code but may be specifically adopted by a local municipality. 112.1 Connection of service utilities. A person shall not make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a per-tnit is required, until released by the building o fficicrl. 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The build- ing official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of ernergency where necessary to eliminate an immediate hazard to life or property or where such utility Connection has been made without the approval required by Section 112,1 or 112.2. The building r�jficialshall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the 14 2019 OREGON STRUCTURAL SPECIALTY CODE building, structure or service system shall be notified in writ- ing, as soon as practical thereafter. SECTION 113 BOARD OF APPEALS 113.1 General. The local municipality shall establish a pro- cess to review appeals of determinations made by the build- ing official regarding any provision of the specialty codes the municipality administers and enforces, to include a method to identify the local building official or designee and to notify a permit applicant of the provisions of ORS 455.475, see OAR 918-020-0090(1)(c). Where there are practical difficulties in establishing a local appeals board, appeals filed under the provisions of ORS 455,475 shall satisfy this requirement. 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. An appeals board, where appointed, shall not. have authority to waive requirements of this code. 113.3 Qualifications. An appeals board, where appointed, shall consist of members who are qualified by experience and training to pass on matters pertaining to building construc- tion. 113.4 Alternative appeal process. ORS 455.475 provides an alternative appeal process to any established by a local municipality. An applicant for a building permit may oboose to appeal a building official's decision to a local appcals board or directly to the appropriate specialty code program chief. Note Forms for filing an appeal under ORS 455.475 ale available f online at: uww.oregon.gov/bed. SCOPE AND ADMINISTRATION ORS 455.475 is not part of this code but is reprinted here for the. reader's convenience: 455,475. Appeal of decision of building official, (1) An applicant for a building permit may appeal a decision made by a building official under authority established pursuant to ORS 455,148, 455,150 or 455,467. The following apply to an appeal under this subsection: (a) An appeal regarding the interpretation or application of a particular specialty code provision shall he made first to the appropriate specialty code chief inspector of the.. Department of Consumer and Business Services, The decision of the department chief inspector may be appealed to the appropriate advisory board. The decision of the advisory board may only be appealed to the Director of the Depattment of Consumer and Business Services if codes in addition to the applicable specialty code are at issue. (b) If the appropriate advisory hoard determines that a decision by the department chief inspector is a major code interpretation, then the inspector shall distribute the decision in writing to all applicable specialty code public and private inspection authorities in the state. The decision shall be distributed within 60 days after the. board's determination, and there. shall be no charge for the distribution of the decision, As used in this paragraph, a "major code interpretation" means a code interpretation decision that affects or may affect more than one job site or moree than one inspection atrisdiction. (2) l xeept as provided in subsection (1) of this section, an applicant for a building permit may appeal the decision of a building official on any matter relating to the administration and enforcement of this chapter to the. department. The appeal mtret be in writing. A decision by the department on an appeal filed under gnus subsection is subject to judicial as provided in ORS 183.484. (3) If an appeal is made under this section, an inspection authority shall extend the plan review deadline by the number of days it takes for a final decision to be issued for the appeal. [1999 c.104S ORS 455.690 is not part of this code but is reprinted here for the reader's convenience: 455.690 Appeal to advisory boards. Any person aggrieved by the final decision of a municipal appeals board or a subordinate officer of the Department of Consumer and Business Services as to the. application of any provision of a specialty code may, within 30 days after the date of the decision, appeal to the appropriate advisory hoard. The appellant shall submit a tee of' $20, payable to the department, with the request for appeal. The final decision of the involved municipality or state officer shall be subject to review and final determination by the appropriate advisory board as to technical and scientific determinations related to the application of the specialty code involved. [Formerly 456.850; 1993 e.744 §98] ........... 2019 OREGON STRUCTURAL SPECIALTY CODE 15 SCOPE AND ADMINISTRATION SECTION 114 VIOLATIONS 114.1 Prohibited acts. Prohibited acts are as described in ORS 455.450. OILS 455.450 is not part of this code but is reprinted here for the reader's convenience: 455,450 Prohibited acts. A person may not: (1) Violate, or procure or assist in the violation of, any final order the Director of the Department of Consumer and Business Services, an advisory board, a state administrative officer or any local appeals board, building official or inspector, concerning the application of the state building code in a particular case or concerning a license, certificate, registration or other authorization. (2) Engage in, or proct.ire or assist ,my other person to engage in, any conduct or activity for which a permit, label, license, certificate, registration or other formal authorization is required by any specialty code, any provision of ORS 446.003 to 446.2003 446.225 to 446.285. 440.395 to 146.420, 446.566 to 446.646, 446,666 to 446.746, 479,510 to 479.945, 479.950 and 480.510 to 480.670, this chapter or ORS chapter 447, 460 or 693 or any rule adopted or order issued for the administration and enforcement of these provisions witltout first having obtained such permit, Jabel, license, certificate, registration or other formal authorization. (3) Violate, or procure or assist in the violation of, any standard, specification, requirement, prohibition or outer technical provision set forth in the state building code or an applicable local building code or in any rule. or order of the Department of Consumer and Business Services, an advisory board, a local governing body or local building official, [Formerly 456,885 (1); 2007 c.306 j31 114.2 Notice of violation. The building gfficial is authorized to serve a notice of violation or order on the person responsi- ble for the construction, reconstruction, alteration and repair of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinu- ance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not. complied with promptly, the building ofcicd is autho- rized to request the Iegal counsel of the municipality to insti- tute the appropriate proceeding at law. 114.4 Violation penalties. Any person who violates a provi- sion of this code or fails to comply with any of the require- ments thereof or who erects; constructs, alters or repairs a building or structure in violation of the approved construc- tion docronents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by lase. 114.5 Penalties. Penalty amounts other than those described in Section 109A are limited by ORS 455.895. Local authority to levy penalties is limited to violations of code application only. OILS 455.895 is not part of this code but is reprinted here for the reader's convenience: 455.895 Civil penalties. (2) The Department of Consumer and Business Services, or an appropriate advisory board, if any, may at its discretion 'impose it civil penalty against any person who violates the state. building code or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446,566 to 446,646, 446.666 to 446.746, 479.510 to 479.945, 479,950 or 480.510 to 480.670, or this chapter or ORS chapter 447, 460 or 693, or any rule adopted or order issued for the administration and enforcement of those statutes: Except as provided in subsections (3), (4) and (9) of this section or ORS 446.995, a civil penalty imposed under this section must be in an amount determined by the appropriate advisory board or the department. of not more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day, of the offense. (3) Each violation of ORS 446.003 to 446.200 or 446.225 to 446,285, or any rule or order issued under ORS 446,003 to 446,200 or 446225 to 446.285, constitutes a separate violation with respect to each manufactured structure or with respect to each failure or refusal to allow or perform an act required thereby, except that the, maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation. (4) The department may impose a civil penalty of not more than $25,000 against a public body responsible for administering and enforcing a building inspection program_ As used in this subsection, "public body" has the meaning given that term in ORS 174.109. (5) The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The department, by rule, shall define what constitutes a pattern of violations. Except as provided in subsections (1) and (10) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall he used by the department for enforcement and administration of provisions and rules described in subsection (2) of this section. (6) Civil penalties under this section shall he imposed as provided in ORS 183.745. (7) A civil penalty imposed under this section may be rernitted or reduced upon such terms and conditions as the department or the appropriate advisory board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty. (8) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation by the partnership, association or corporation of a provision or rule described in subsection (2) of this section is suhjecl to the penalties prescribed in this section. 16 2019 OREGON STRUCTURAL SPECIALTY CODE (9) In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violaters a provision or rule described in subsection (2) of this section pray be required by the department or the appropriate advisory board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the department or advisory board that does not exceed five times the amount by which such person profited in any transaction that violates a provision or rule described in subsection (2) of this section. (10) If a civil penalty is imposed for a violation of a provision of ORS 446,566 to 446,646 and the violation relates to a filing or', failure to file with a county assessor functioning as agent of the department, the department, after deducting an amount equal to the department's procedural, collection and other related costs and expenses, shall forward one-half of the remaining civil penalty amount to the county in which the manufactured structure is located at the time of the violation. 11991 c.792 §4; 1991 c.734 § 111; 1999 c.104.5 § 19; 2001 cAl l §21; 2003 c.14 §286; 2003 c.655 §76; 2007 c.549 §6; 2007 c.998 §1; 2013 c.324 §111 115.1 Authority. Where the building official finds any work regulated by this code being performed in a manner either t.onurary to the provisions of this mode or dangerous or unsafe. the bnildint', >jJ'iciia! is authorised to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the properly involved, the owner's authorized agent or the person performing, the work. L=`pop issuance cnf a stop work order, the cited work shall intrnedi:nely .'I'lae stop work order shall state the reason for the order and the conditions tinder which the cited work will be permitted to resume. 115.3 Unlawful continuance. Any person who shall con- tinue anv work after having been served with a stop \vork order, except such work as Ihal person is directed to perforrra to acmove a violation or ansafe condition, shall be subject to penalties as prescribed by law. SCOPE AND ADMINISTRATION SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT The requirements of Section 116, Unsafe Structures and Equipment are not adopted by the State of Oregon, Building Codes Division, as part of the stare building code but may be specifically adopted by a local municipality. 116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate paeans of egress facilities, inadequate. light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadcquate maintenance. shall be deenrod an unsafe condition. thisafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall he deemed unsafe. 116.2 Record. The building offkiai shall cause a report to be filed on an unsafe condition. The report shall statethe occu- pancy of the structure and the nature of the unsafe condition. 116.3 Notice. If an unsafe condition is found, the building official shall serve on theowner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improve- ments to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipu- lated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order. 116.4 Method ot'service. Such notice shall be deemed prop- erly served if a copy thereof is: delivered to the owner per- sonally; sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or delivered in any other manner as prescribed by local law. if the certified or registered letter is returned show- ing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the forego ing manner oil the- owner's agent or on the person responsible for the structure. Shall constitute service of notice: on the owner. 116.5 Restoration. Where the structure or equipment deter- mined to be unsafe by the building official is restored io a safe condition, to the extent that repairs, alterations or addi- tions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, addi- tions and change of occupancy shall comply with the require- ments of the Building Code. 2019 OREGON STRUCTURAL SPECIALTY CODE 77 CHAPTER 1 SCOPE AND ADMINISTRATION PART 1—SCOPE AND APPLICATION 101.2.2.1 Appendix chapters adopted. The following appendix chapters are adopted as part of the Oregon SECTION 101 Structural Specialty Code. GENERAL 1. Appendix C (Agricultural Buildings), 101.1 Title. These regulations shall be known as the Oregon Structural Specialty Code, and may be cited as such and will be referred to herein as "this code." 101.2 Scope. 101.2.1 General. The scope of this code is as provided in ORS 455.020(1). ORS 455.020 is not a part of this code but is reproduced here for the reader's convenience: 455.020 Purpose; scope of application; exceptions; scope of rules; fees by rule. (1) This chapter is enacted to enable the Director of the Department of Consumer and Business Services to promulgate a'. state building code to govern the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein, and to require the correction of unsafe conditions caused by earthquakes in existing buildings. The state building code shall establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort and security of the residents of this state who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304 § 1; 1995 c.400 §5; 1999 c.1045 §13; 1999 c.1082 §11; 2001 c.710 §8] The Oregon Structural Specialty Code as adopted by the State of Oregon, Building Codes Division, includes portions of the International Building Code and the International Fire Code pertaining to any construction, reconstruction, altera- tion, repair and installation of materials and equipment in or part of buildings and structures covered under the State Building Code. This code shall not apply to the construction, alteration, moving, demolition, repair, maintenance and work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. Municipalities, as defined in ORS 455.010(5), may estab- lish administrative procedures in accordance with ORS 455.020(4), and may amend specific sections of Chapter 1, as identified throughout the chapter. Municipalities are permitted to enact local ordinances or other laws to address the demolition of structures or other related topics not addressed by this code. Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a sepa- rate rneans of egress and their accessory structures shall ' comply with the Residential Code 101.2.2 Appendices. Provisions in the appendices shall not apply unless specifically adopted as noted below. 2. Appendix I (Patio Covers). 101.2.2.2 Appendix chapters available for municipal adoption. Municipalities may adopt the following appendix chapters by local ordinance. Such adoptions shall comply with the requirements specified in the adopted appendix unless otherwise approved under the provisions of ORS 455.040. I . A — Employee qualifications; 2. B — Board of appeals; 3. D — Fire districts; 4. F — Rodentproofing; 5. G — Flood -resistant Construction; 6. H — Signs; and 7. J - Grading. 101.2.2.3 Appendix chapters not available for municipal adoption. The following appendix chapters are not adopted by the State of Oregon and municipali- ties may not adopt the same as the subject matter is encompassed by this code. 1. E — Supplementary accessibility requirements; 2. K — Administrative provisions; 3. L — Earthquake recording instrumentation. 4. M — Tsunami -generated flood hazard 101.3 Purpose. The purpose of this code is as provided in ORS 455.020(1), as noted in Section 101.2, and to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities; stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and prop- erty from fire and other hazards attributed to the built envi- ronment and to provide safety to fire fighters and emergency responders during emergency operations. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. 101.4 Statutory references. This code is adopted pursuant to Oregon Revised Statutes (ORS). Where this code and the statutes specify different requirements, the statute shall gov- ern. Statutes related to this code include, but are not limited to, ORS 455.010 through 455.895 and ORS 447.210 through 447.310. Statutes referenced may be obtained from the Building Codes Division, 1535 Edgewater St. NW, Salem, OR 97304 or P.O. Box 14470, Salem, OR 97309 at a nominal cost or read online at http: l www.bed.oregon.go,,,/statutes.html. C 2014 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific require- ment shall be applicable. Where, in any specific case, differ- ent sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and stan- dards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 ASCE Standard 24-05 Flood Resistant Design and Construction. The following ASCE Standard 24-05 tables are not adopted by the State of Oregon as the sub- ject matter encompasses Free Board, Base Flood Eleva- tion and Design Flood Elevation. The authority to establish the same is reserved for local government: 1. Table 2-1. "Elevation of Lowest Floor" 2. Table 4-1. "Elevation of Bottom of Lowest Horizon- tal Structural Member" 3. Table 5-1. "Elevation Below Which Flood -Damage - Resistant Materials Shall be Used" 4. Table 6-1. "Elevation for Flood proofing" 5. Table 7-1. "Minimum Elevation of Utilities and Equipment" Informational Note: Each local community participating in the National Flood Insurance Program (NFIP) designates a local Flood Plain Administrator who is responsible to make sure com- munities meet their insurance program obligations. Certain matters comprised within the NFIP program may conflict with or overlap with the State Building Code. Certain deci- sions such as sill plate height and other NFIP criteria fall under the authority and responsibility of the Flood Plain Administrator. Once decisions under the NFIP program are made, then the appropriate requirements of this code for the construction of the building are applied. Local communities may choose to designate their local building official as the Flood Plain Administrator or may designate other staff. When a building off cial functioning in the capacity of Flood Plain Administrator exercises author- ity under the NFIP, such decisions are not part of this code nor subject to the building official duties and responsibili- ties as adopted by the Oregon Building Codes Division. Per ORS 455.210(3)(c), local communities are prohib- ited from using building permit monies for any matter other than administration and enforcement of the State Building Code. Administration and implementation of a local NFIP program are not part of the State Building Code. OAR 918-008-0000 is not part of this code but is provided here for the readers' convenience: 918-008-0000 Purpose and Scope (1) The Department of Consumer and Business Services, Building Codes Division, adopts model building codes, standards and other publications by reference, as necessary, through administrative nile to create the state building code. When a matter is included in a specialty code or referenced publication that is in conflict with Oregon Revised Statutes or Oregon Administrative Rules, the statute or rule applies and the code or standard provision does not, All remaining parts or application of the code or standard remain in effect. (2) Unless required by law, matters generally not authorized for inclusion in a specialty code or referenced standard include, but are not limited to: licensing or certification requirements, or other qualifications and standards for businesses or workers; structures or equipment maintenance requirements; matters covered by federal or state law; and matters that conflict with other specialty codes or publications adopted by the department. (3) OAR 918-008-0000 to OAR 918-008-0070 provides the process for adopting and amending the state building code that is consistent across all program areas. (4) The state building code is derived from the most appropriate version of base model codes, which are updated periodically. (5) The Oregon specialty code amendment process begins approximately midway into a code cycle. (6) An appropriate advisory board approves or forwards the adoption of the Oregon specialty code and amendments to the Department for adoption. (7) Notwithstanding sections (3) through (6) of this rule, the division may adopt supplemental code amendments as authorized by OAR 918-008-0028, [Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 447.020, 455.030 & 479.730 Stats. Implemented: ORS 447.020, 455.030 & 479.730 Hist.: BCD 26-1994, f. & cert. ef. 11-15-94; BCD 6-1997, f. & cent. ef. 4-1-97; BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8- 27-06; BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06; BCD 1-2014, f. 1-22-14, cert, ef. 4-1-14 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity. In the event that any part or provi- sion of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any struc- ture existing on the date of adoption of this code shall be per- mitted to continue without change, except as is specifically covered in this code or the Fire Code, or as is deemed neces- sary by the building official for the general safety and welfare of the occupants and the public. 2014 OREGON STRUCTURAL SPECIALTY CODE PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DEPARTMENT OF BUILDING SAFETY Note: Unless amended by a municipality under authority of ORS 455.040, Sections 103.1 through 103.3 apply. 103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. 103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed proce- dures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated > by the building official. SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL Note: Unless amended by a municipality under authority of ORS 455.020, Sections 104.1, 104.3 and 104.6 apply. 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically pro- vided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agen- cies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The build- ing official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 11 104.5 Reserved. 104.6 Right of entry. Where it is necessary to make an inspec- tion to enforce the provisions of this code, or where the build- ing official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or SCOPE AND ADMINISTRATION in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is autho- rized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such struc- ture or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 104.7 Department records. The building official shall keep official records as dictated by OAR 166-150-0020 where a county has jurisdiction, OAR I66-200-0025 where a city has jurisdiction and OAR Chapter 166 Division 300, et al., for the cities and counties where the State of Oregon has jurisdiction. Such records shall be retained in the official records for the period indicated in the respective OAR sections noted above. The building official shall maintain a permanent record of all permits issued in flood hazard areas, including copies of inspection reports and certifications required in Section 1612. 104.8 Liability. See ORS 30.265 for regulations relating to liability. ORS 30.265 is not a part of this code but is reproduced here for the reader's convenience: 30.265 Scope of liability of public body, officers, employees and agents; liability in nuclear incident. (I) Subject to the limitations of ORS 30.260 to 30.300, every public body is subject to civil action for its torts and those of its officers, employees and agents acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276.598, (2) The sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 or 30.287 is an action under ORS 30.260 to 30.300. The remedy provided by ORS 30.260 to 30.300 is exclusive of any other action against any such officer, employee or agent of a public body whose act or omission within the scope of the officer's, employee's or agent's employment or duties gives rise to the action. No other form of civil action is permitted. (3) If an action under ORS 30.260 to 30.300 alleges damages in an amount equal to or less than the damages allowed under ORS 30.271, 30.272 or 30.273, the sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 or 30.287 is an action against the public body. If an action is filed against an officer, employee or agent of a public body, and the plaintiff alleges damages in an amount equal to or less than the damages allowed under ORS 30.271, 30.272 or 30.273, the court upon motion shall substitute the public body as the defendant. Substitution of the public body as the defendant does not exempt the public body from making any report required under ORS 742.400. 2014 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION (4) If an action under ORS 30.260 to 30.300 alleges damages in an amount greater than the damages allowed under ORS 30.271, 30.272 or 30.273, the action may be brought and maintained against an officer, employee or agent of a public body, whether or not the public body is also named as a defendant. An action brought under this subsection is subject to the limitations on damages imposed under ORS 30.271, 30.272 or 30.273, and the total combined amount recovered in the action may not exceed those limitations for a single accident or occurrence without regard to the number or types of defendants named in the action. (5) Every public body is immune from liability for any claim for injury to or death of any person or injury to property resulting from an act or omission of an officer, employee or agent of a public body when such officer, employee or agent is immune from liability. (6) Every public body and its officers, employees and agents acting within the scope of their employment or duties, or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276.598, are immune from liability for: (a) Any claim for injury to or death of any person covered by any workers' compensation law. (b) Any claim in connection with the assessment and collection of taxes. (c) Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused. (d) Any claim that is limited or barred by the provisions of any other statute, including but not limited to any statute of ultimate repose. (e) Any claim arising out of riot, civil commotion or mob action or out of any act or omission in connection with the prevention of any of the foregoing. (f) Any claim arising out of an act done or omitted under apparent authority of a law, resolution, rule or regulation that is unconstitutional, invalid or inapplicable except to the extent that they would have been liable had the law, resolution, rule or regulation been constitutional, valid and applicable, unless such act was done or omitted in bad faith or with malice. (7) This section applies to any action of any officer, employee or agent of the state relating to a nuclear incident, whether or not the officer, employee or agent is acting within the scope of employment, and provided the nuclear incident is covered by an insurance or indemnity agreement under 42 U.S.C. 2210. (8) Subsection (6)(c) of this section does not apply to any discretionary act that is found to be the cause or partial cause of a nuclear incident covered by an insurance or indemnity agreement under the provisions of 42 U.S.C. 2210, including but not limited to road design and route selection. [1967 c.627 §§2, 3, 10; 1969 c.429 §1; 1975 c.609 §12; 1977 c.823 §2; 1981 c.490 §4; 1985 c.731 §31; 1987 c.705 §7; 1991 c.861 §1; 2005 c.22 §19; 2007 c.803 §4; 2011 c.270 § 1 ] 104.9 Approved materials and equipment. Materials, equip- ment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. 104.10 Modifications. Wherever there are practical difficul- ties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifica- tions for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modifi- cation does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action grant- ing modifications shall be recorded and entered in the files of the department of building safety. 104.10.1 Flood hazard areas. (Not adopted by the State of Oregon Building Codes Division as part of the State Building Code.) The building official shall not grant mod- ifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that: 1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate. 2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable. 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the pub- lic, or conflict with existing laws or ordinances. 4. A determination that the variance is the minimum necessary to afford relief, considering the flood haz- ard. 5. Submission to the applicant of written notice speci- fying the difference between the design flood eleva- tion and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that con- struction below the design flood elevation increases risks to life and property. 104.11 Alternative materials, design and methods of con- struction and equipment. The provisions of this code are not intended to prevent the installation of any material or to pro- hibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 104.11.1 Research reports. Supporting data, where nec- essary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 2014 OREGON STRUCTURAL SPECIALTY CODE 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the require- ments of this code, or in order to substantiate claims for alternative materials or methods, the building off cial shall have the authority to require tests as evidence of compli- ance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other rec- ognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.12 Request for ruling. ORS 455.060 provides for state rulings on acceptable materials, designs and methods of con- struction. When a ruling has been issued, ORS 455.060(4) applies. ORS 455.060 is not a part of this code but is reproduced here for the reader's convenience: 455.060 Rulings on acceptability of material, design or method of construction; effect of approval; fees. (1) Any person who desires to use or furnish any material, design or method of construction or installation in the state, or any building official, may request the Director of the Department of Consumer and Business Services to issue a ruling with respect to the acceptability of any material, design or method of construction about which there is a question under any provision of the state building code. Requests shall be in writing and, if made by anyone other than a building official, shall be made and the ruling issued prior to the use or attempted use of such questioned material, design or method. (2) In making rulings, the director shall obtain the approval of the appropriate advisory board as to technical and scientific facts and shall consider the standards and interpretations published by the body that promulgated any nationally recognized model code adopted as a specialty code of this state. (3) A copy of the ruling issued by the director shall be certified to the person making the request. Additional copies shall be transmitted to all building officials in the state. The director shall keep a permanent record of all such rulings, and shall fumish copies thereof to any interested person upon payment of such fees as the director may prescribe. (4) A building official or inspector shall approve the use of any material, design or method of construction approved by the director pursuant to this section if the requirements of all other local ordinances are satisfied. [Formerly 456.845] SCOPE AND ADMINISTRATION SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, change the character or use of the occupancy, or change the occupancy of a build- ing or structure which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. [See ORS 455.020(2)]. Exceptions: 1. Construction subject to minor labels and master per- mits when authorized by the inspection authority under Oregon Administrative Rules Chapter 918, Division 100. 2. Temporary (180 days) structural supports, structural replacement or repairs performed in an emergency on an existing structure. The authority having juris- diction shall be notified of this work within 72 hours and permit application for the temporary work shall be submitted within the next 5 business days. For prohibitions against siting new essential facilities and new special occupancy structures in tsunami inunda- tion zones, see Section 1802. ORS 455.058 is not part of this code but is reprinted here for the reader's convenience: 455.058 Investigation fee for work commenced without permit; rules. (1) Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a', building or structure if the work is commenced before the .permit', required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences. (2) This section does not apply to: (a) An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or (b) Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law. (3) The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. [2013 c.324 §2] 2014 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION ORS 455.020(2) is not a part of this code but is reprinted here for the readers convenience: 455.020(2) Purpose: scope of application; exceptions; scope of rules; fees by rule. (2) The rules adopted pursuant to this chapter shall include structural standards; standards for the installation and use of mechanical, heating and ventilating devices and equipment; and standards for prefabricated structures; and shall, subject to ORS 455.210, prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review services by the Department of Consumer and Business Services. The department may also establish, by rule, the amount of any fee pertaining to the state building code or any specialty code that is authorized by statute, but for which an amount is not specified by statute. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304 § 1: 1995 c.400 §5; 1999 c.1045 § 13; 1999 c.1082 § 11; 2001 c.710 §8] 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant autho- rization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the follow- ing: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (I I m2). 2. Fences not over 7 feet (2134 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a sur- charge or impounding Class 1, 11 or IIIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 Q and the ratio of height to diameter or width is not greater than 2: 1. 6. Platforms, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 Q and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service sys- tems. 11. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Groups R-3 and U occupancies. 12. Nonfixed and movable fixtures, cases, racks, coun- ters and partitions not over 5 feet 9 inches (1753 mm) in height. 13. Farm or forest use agricultural buildings exempted in ORS 455.315 (see also Appendix Q. 14. Equine facilities exempted in ORS 455.315. Note: Unless otherwise exempted, separate plumbing, elec- trical and mechanical permits may be required for the above - exempted items. Additionally, all new construction and sub- stantial improvements (including the placement of prefabri- cated buildings and certain building work exempt from permit under Section 105.2) shall be designed and con- structed with methods, practices and materials that minimize flood damage in accordance with this code. 105.2.1 Repairs. Application or notice to the building ofj`i- < cial is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, par- G tition or portion thereof, the removal or cutting of any structural beam or load -bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration Of, replacement or relocation of any standpipe. Note: Unless amended locally by a municipality under authority of ORS 455.020, the requirements of Sections 105.3 through 105.6 apply. 11 105.3 Application for permit. To obtain a permit, the appli- cant shall first file an application therefor in writing on a form furnished by the department of building safety for that pur- pose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. .3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's autho- rized agent. 7. Give such other data and information as required by the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after fil- ing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building 2014 OREGON STRUCTURAL SPECIALTY CODE official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The exten- sion shall be requested in writing and justifiable cause demonstrated. 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other laws or ordinances of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other laws or ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occu- pancy or use of a structure where in violation of this code or of any other laws or ordinances of this jurisdiction. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is com- menced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or aban- doned for a period of 1.80 days after the time the work is com- menced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writ- ing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete informa- tion, or in violation of any ordinance or regulation or any of the provisions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/ m'), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section I I I shall not be issued until the floor load signs, required by Section 106.1, have been installed. SCOPE AND ADMINISTRATION 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construc- tion documents, statement of special inspections, geoteehnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building offi- cial is authorized to require additional construction documents to be prepared by a registered design professional. Exceptions: 1. The building official may waive the submission of plans, calculations, construction inspection require- ments and other data and related plan review fee if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. 2. Plans, specifications, calculations, diagrams and other data prepared and designed by an engineer or architect licensed by the state to practice as such are not required for the following work, provided the building official determines that the work is not of a highly technical nature or there is no unreasonable potential risk to life and/or safety of the structure: 2.1. The erection, enlargement or alteration of any building, or any appurtenance thereto, where the resulting building has a ground area of 4,000 square feet (372 mz) or less and is not more than 20 feet (6096 mm) in height from the top surface of the lowest floor to the highest interior overhead finish (see ORS 671.030). 2.2. A single-family dwelling, farm agricultural building, nonfarm agricultural building, or accessory building to a single-family dwelling, farm agricultural building, or nonfarm agricultural building. 2.3, Alterations or repairs that do not involve the structural parts of the building. ORS 672.107 is not part of this code but is reproduced here for the reader's convenience: 671107 StrucUu21 engineer registration for performing' enone ring services on significant structures; rules. (1) For purposes of this section: (a) "Significant structure" means: (A) Hazardous facilities and special occupancy structures, as defined in ORS 455.447; (E) Essential facilities, as defined in ORS 455.447, that have a ground area of more than 4,000 square feet and are more than 20 feet in height; 37 2014 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION (C) Structures that the Director of the Department of Consumer and Business Services determines to have irregular features; and (D) Buildings that are customarily occupied by human beings and are more than four stories or 45 feet above average ground level. (b) "Significant structure" does not mean: (A) One -family and two-family dwellings and accompanying accessory structures; (B) Agricultural buildings or equine facilities, both as defined in ORS 455,3I5; or (C) Buildings located on lands exempt from Department of Consumer and Business Services enforcement of building code regulations. (2) Consistent with ORS 672.255, the State Board of Examiners for Engineering and Land Surveying shall adopt rules establishing standards of competence in structural engineering analysis and design relating to seismic influence. (3) An engineer may not provide engineering services for significant structures unless the engineer possesses a valid professional structural engineer certificate of registration issued by the board. [Formerly 672.129] 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.5. 107.2.1 Information on construction documents. Con- struction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permit- ted to be submitted when approved by the building offi- cial. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work pro- posed and show in detail that it will conform to the provi- sions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. 107.2.2 Fire protection system shop drawings. Shop drawings, plans, specifications or sketches for the fire pro- tection system(s) shall be submitted to the building official pursuant to the requirements of the State Building Code and ORS Chapter 455 or ORS 479.155 to determine com- pliance with the State Building Code, including but not limited to fire and life -safety standards which are part of the State Building Code. Shop drawings, plans, specifica- tions or sketches shall be approved prior to the start of sys- tem installation and shall contain all information as required by the referenced installation standards in Chap- ter 9. The issuance of permits and inspections shall be the authority of the building official to administer under ORS Chapter 455. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommo- dated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or para- pets, means of drainage, water -resistive membrane and details around openings. The construction documents shall include manufac- turer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the pro- posed finished grades and it shall be drawn in accordance with an accurate boundary line survey. The building offi- cial is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examina- tions whether the construction indicated and described is in accordance with the requirements of this code and other perti- nent laws or ordinances. 107.3.1 Approval of construction documents. When the building official issues a permit, the construction docu- ments shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construc- tion documents so reviewed shall be retained by the build- ing official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly autho- rized representative. Construction documents shall be approved in the timelines specified in ORS 455.467, 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pur- sued in good faith within 180 days after the effective date of this code and has not been abandoned. ORS 455.467(1) & (2) are not part of this code but are reproduced here for the reader's convenience: 455.467 Timelines for approval or disapproval of certain specialty code building plans; exceptions; phased permit systems; failure to adhere to timelines. (1) Except as provided in subsection (2) of this section, for specialty code plan reviews of simple low-rise residential dwellings, the Department of Consumer and Business Services or a municipality that administers a building inspection program under ORS 455.148 or 455.150 shall approve or disapprove the specialty code building plan: 2014 OREGON STRUCTURAL SPECIALTY CODE (a) For a jurisdiction with a population that is less than 300,000, within 10 business days of receiving a complete application, or shall implement the process described in ORS 455.465. (b) For a jurisdiction with a population that is 300,000 or more, within 15 business days of receiving a complete application, or shall implement the process described in ORS 455.465, (2) The 10-day and 15-day requirements in subsection (1) of this section do not apply if: (a) The plan requires approval by federal, state or local agencies outside the jurisdiction of the issuing agency; (b) The plan is for a complex structure that requires additional review as determined by the department or municipality; or (c) Based on conditions that exist in the affected municipality, the Director of the Department of Consumer and Business Services authorizes a different plan review schedule as described in a building inspection program submitted under ORS 455.148 or 455.150. [1999 c.1045 §21; 2001 c.384 §1; 2001 c.573 § 13; 2003 c.675 §28] 107.3.3 Phased approval. The building official is autho- rized to issue a permit for the construction of foundations or any other part of a building or structure before the con- struction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. ORS 455.467(3), (4), (5) & (6) are not part of this code but are reproduced here for the reader's convenience: (3) For specialty code plan reviews of commercial structures, a municipality shall include in its building inspection program submitted under ORS 455,148 or 455.150 a process for plan review services. The municipality shall include in its program detailed reasons supporting the proposed plan review process. The plan review services provided by the municipality shall: (a) Allow an applicant to defer the submittal of plans for one or more construction phases for a commercial construction project in accordance with the state building code; and (b) Allow an applicant to receive permits for each of the phases of a commercial construction project as described in the state', building code when the plan review for that phase is approved. (4) For a phased commercial construction project as described in subsection (3) of this section, the municipality shall inform the applicant of the detailed plans necessary for each phase of the project and the estimated time for initial and phased review of the building plans for conformance with the state building code. (5) An applicant submitting plans under subsection (3) of this section is responsible for ensuring that the project meets all specialty code requirements and that the project does not proceed beyond the level of approval authorized by the building official. (6) A municipality that repeatedly fails to meet the plan review period described in this section or otherwise authorized in its building inspection program submitted under ORS 455.148 or 455.150 shall be considered to be engaging in a pattern of conduct of failing to provide timely plan reviews under ORS 455.160. [1999 c.1045 §21; 2001 c.384 §1; 2001 c.573 §13; 2003 c.675 §28] SCOPE AND ADMINISTRATION 107.3.4 Design professional in responsible charge. 107.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordi- nating submittal documents prepared by others, includ- ing phased and deferred submittal items, for compatibility with the design of the building. 107.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal docu- ments have been approved by the building official. [See ORS 455.467(3) in previous section]. 107.3.5 State fire and life safety plan review, occupan- cies to be reviewed. ORS 479.155(2) requires submission of plans for review and approval of certain occupancies. Unless exempted by the Building Codes Division through delegation of the fire and life safety plan review program, the owner shall submit to the building codes administrator two copies (or, when required, an additional copy shall be submitted for local government use) of a plan or sketch drawn clearly and to scale showing information as set forth in Section 107.3.5.1 for review and approval prior to beginning construction or alteration. Fire and life safety plan review is required for the following occupancies: 1. Group A occupancies. 2. Group B occupancies over 4,000 square feet (372 m2), or more than 20 feet (6096 mm) in height, or with a basement. 3. Group E occupancies. 2014 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION 4. Group F occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement. 5. Group H occupancies of 1,500 square feet (139 mZ) or more than 20 feet (6096 mm) in height, or with a basement. 6. Group I occupancies. 7. Group M occupancies over 4,000 square feet (372 in 2) or more than 20 feet (6096 mm) in height, or with a basement. 8. Group R, Divisions 1, 2 and 4 occupancies over 4,000 square feet (372 mZ) or more than 20 feet (6096 mm) in height, or with a basement over 1,500 square feet (139 m'). 9. Group S, Division 1, 2 and 3 occupancies over 4,000 square feet (372 mz) or more than 20 feet (6096 mm) in height, or with a basement. 10. Group U, Division 1 occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement. Two copies of a plot plan for the occupancies listed above shall be submitted for the placing of prefabricated structures to show the relationship of all adjacent buildings and their exit ways. ORS 479.155(2) is not a part of this code but is reproduced here for the reader's convenience: 479.155 Plan of proposed construction or alteration; declaration of value; approval of plan; effect of approval; rules. (2) Prior to construction or alteration of a hospital, public building as defined in ORS 479,168, public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210, or any other building or structure regulated by the State Fire Marshal for use and occupancy or requiring approval by the State Fire Marshal pursuant to statute, the owner shall submit to the director two copies of a plan or sketch showing the location of the building or structure with relation to the premises, distances, lengths and details of construction as the director shall require. A filing is not required with respect to any such building or structure in any area exempted by order of the State Fire Marshal pursuant to ORS 476.030, Approval of the plans or sketches by the director is considered approval by the State Fire Marshal and satisfies any statutory provision requiring approval by the State Fire Marshal. [1965 c.602 §14; 1967 c.417 §20; 1973 c.834 §33; 1977 c.821 §4; 1987 c.414'. § 158; 1993 c.744 § 116; 1999 c.1082 § 13; 2005 a.22 §3641 107.3.5.1 Fire and life safety plan review limits. The following portions of this code shall be used to review the plans submitted under this subsection. (These requirements are not intended to apply to structural, architectural, light and ventilation, disabled access and energy conservation requirements of the code except as they affect requirements included on the list.) Chapter 1, except Sections 103, 104.1 through 104.8, 104.11, 105, 109, 110 and 113; Chapter 2; Chapter 3; Chapter 4; Chapter 5; Chapter 6; Chapter 7; Chapter 8; Chapter 9; Chapter 10; Chapter 11 (area of rescue assistance); Chapter 14; Chapter 15 (except Sections 1503 and 1504); Chapter 24; Chapter 26; Chapter 31; Chapter 32; Chapter 34; Appendix C. 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction docu- ments, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of con- struction documents. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than that dictated by OAR 166-150-0020 where a county has jurisdiction, OAR 166-200-0025 where a city has jurisdiction and OAR 166- 300, et at., for the jurisdictions where the State of Oregon has jurisdiction. One set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. 107.5.1 Flood hazard area documents. The building offi- cial shall maintain a permanent record of all permits issued in flood hazard areas, including copies of inspec- tion reports and certifications required in Section 1612. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. See Chapter 31 for further requirements. Note: Membrane structures erected for a period of less than 180 days are regulated under the Fire Code, 108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary require- ments of this code as necessary to ensure public health, safety and general welfare. 108.3 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be dis- continued. 10 2014 OREGON STRUCTURAL SPECIALTY CODE SECTION 109 FEES Note: Unless amended locally by a municipality under authority of ORS 455.020 and 455.210, the requirements of Section 109 apply. 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amend- ment to a permit be released until the additional fee, if any, has been paid. 109.2 Schedule of permit fees. On buildings, structures or alterations requiring a permit, a fee for cacti permit shall be paid as required, in accordance with the schedule as estab- lished by the municipality, under authority of ORS 455,020 and 455.210 or as set forth in OAR chapter 918, division 460, where the State of Oregon has jurisdiction. ORS 455.020(2) is not a part of this code but is reprinted here for the reader's convenience: 455.020(2) Purpose: scope of application; exceptions; scope of rules; fees by rule. (2) The rules adopted pursuant to this chapter shall include structural standards; standards for the installation and use of mechanical, heating and ventilating devices and equipment; and standards for prefabricated structures; and shall, subject to ORS 455.210, prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review services by the Department of Consumer and Business Services. The department may also establish, by rule, the amount of any fee pertaining to the state building code or any specialty code that is authorized by statute, but for which an amount is not specified by statute. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304 §1; 1995 c.400 §5; 1999 c.1045 § 13; 1999 c.1082 § 11; 2001 c.710 §8] ORS 455.210(3)(a) is not a part of this code but is reproduced for the reader's convenience: ORS 455.210 Fees; appeal of fees; surcharge; reduced fees; rules. (3)(a) A municipality may adopt by ordinance or regulation such fees as may be necessary and reasonable to provide for the administration and enforcement of any specialty code or codes for which the municipality has assumed responsibility under ORS 455.148 or 455.150. A municipality shall give the director notice of the proposed adoption of a new or increased fee under this subsection. The municipality shall give the notice to the director at the time the municipality provides the opportunity for public comment under ORS 294,160 regarding the fee or, if the proposed fee is contained in an estimate of municipal budget resources, at the time notice of the last budget meeting is published under ORS 294,426. [Subsections (1) to (5) formerly 456.760; subsection (6) enacted as 1987 e.604 §6; 1997 e.856 §1; 1999 c.432 §1; 1999 c.1045 §24; 1999 c.1082 §9; 2001 c.573 §9; 2001 c.673 §1; 2005 c.193 §1; 2005 c.833 §3; 2007 c.69 §5; 2011 c.473 §29] 109.2.1 Plan review fees. When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be a percentage of the building permit fee as established under Section SCOPE AND ADMINISTRATION 109.2. Additionally, the fee for a fire and life safety plan review, as required by Section 107.3.5, shall be a per- centage of the building permit fee established under Sec- tion 109.2. The plan review fees specified in this section are sepa- rate from the permit fees specified in Section 109.2 and are in addition to the permit fees. The state surcharge is not applied to plan review fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, as defined in Section 107.3.4.2, an additional plan review fee shall be charged according to the rate established by the municipality, or OAR Chapter 918, Division 460 where the State of Ore- gon has jurisdiction. 109.3 Building permit valuations. Structural building per- mit valuations shall be based upon the Uniform Fee Method- ologies as established by OAR 918-050-0100. OAR 918.050-0100 is not a part of this code but is reproduced here for the reader's convenience. Uniform Fee Methodology 918-050-0100 Statewide Fee Methodologies for Residential and Commercial Permits (1) Residential construction permit fees shall be calculated using the following methodologies: (a) A plumbing permit fee for new construction includes one kitchen and is based on the number of bathrooms, from one to three, on a graduated scale. An additional set fee shall be assessed for each additional bath or kitchen. (A) No additional fee shall be charged for the first 100 feet of water and sewer lines, hose bibbs, icemakers, underfloor low -point drains, and rain drain packages that include the piping, gutters, downspouts, and perimeter system. (B) The plumbing permit fee described in this section does not include; (i) Any storm water retention/detention facility; (ii) Irrigation and fire suppression systems; or (iii) Additional water, sewer and service piping or private storm drainage systems exceeding the first 100 feet. (C) Permit fees for an addition, alteration, or repair shall be calculated based on the number of fixtures, appurtenances, and piping, with a set minimum fee. (b) A mechanical permit fee shall be calculated per appliance and related equipment, with a set minimum fee. (c) Effective January 1, 2009, a structural permit fee for new construction and additions shall be calculated using the ICC Building Valuation Data Table current as of April 1 of each year, multiplied by the square footage of the dwelling to determine the valuation. The valuation shall then be applied to the municipality's fee schedule to determine the permit fee. The plan review fee shall be based on a predetermined percentage of the permit fee set by the municipality. (A) The square footage of a dwelling, addition, or garage shall be determined from outside exterior wall to outside exterior wall for each level. 2014 OREGON STRUCTURAL SPECIALTY CODE 11 SCOPE AND ADMINISTRATION (B) The square footage of a carport, covered porch, patio, or deck shall be calculated separately at fifty percent of the value of a private garage from the ICC Building Valuation Data Table current as of April 1. (C) Permit fees for an alteration or repair shall be calculated based on the fair market value as determined by the building official, and then applying the valuation to the municipality's fee schedule. (2) Commercial construction permit fees shall be calculated using the following methodologies: (a) A plumbing permit fee shall be calculated based on the number of fixtures and footage of piping, with a set minimum fee. (b) A mechanical permit fee shall be calculated based on the value of the mechanical equipment and installation costs and applied to the municipality's fee schedule with a set minimum fee. (c) A structural permit fee shall be calculated by applying the valuation to the municipality's fee schedule with a minimum set fee. Valuation shall be the greater of either: (A) The valuation based on the ICC Building Valuation Data Table current as of April I of each year, using the occupancy and construction type as determined by the building official, multiplied by the square footage of the structure; or (B) The value as stated by the applicant. (C) When the construction or occupancy type does not fit the ICC Building Valuation Data Table, the valuation shall be determined by the building official with input from the applicant. Stat. Auth.: ORS 455.048 & 455.055 Stats. Implemented: ORS 455.046 & 455.055 Hist.: BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00; BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06; BCD 5-2007, f. 5-1 1-07, cert. ef. 7- 1-07; BCD 27-2008, f. ef.12-12-08, cert, ef, 1-1-09; BCD 7- 2009, f. 9-30-09, cert. ef. 10-1-09 109.4 Work commencing before permit issuance. Any per- son who commences any work on a building or structure before obtaining the necessary permits shall be subject to an investigation fee. The amount of the investigative fee shall be the average or actual additional cost of ensuring that a build- ing or structure is in conformance with this code and shall be in addition to the required pennit fees. ORS 455.058 is not part of this code but is reprinted here for the reader's convenience: 455.058 Investigation fee for work commenced without permit; rules. (1) Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences. (2) This section does not apply to: (a) An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or (b) Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law. (3) The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. [2013 c.324 §2] Exception: Work as permitted in Section 105.1. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. The building official is authorized to estab- lish a refund policy. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other laws or ordinances of the jurisdiction. Inspections pre- suming to give authority to violate or cancel the provisions of this code or of other laws or ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an applica- tion has been filed. 110.3 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.11. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foun- dation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 110.3.2 Concrete slab and under -floor inspection. Con- crete slab and under -floor inspections shall be made after in - slab or under -floor reinforcing steel and building service 12 2014 OREGON STRUCTURAL SPECIALTY CODE E equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the base- ment, and prior to further vertical construction, the eleva- tion certification required in Section 1612.5 shall be submitted to the building official as required for building code administration and to the Flood Plain Administrator in the management of any NFIP requirements. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, filreblock- ing and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fas- teners are taped and finished. Exception: Gypsum board that is not part of a fire - resistance -rated assembly or a shear assembly. 110.3.6 Fire- and smoke -resistant penetrations. Protec- tion of joints and penetrations in fire -resistance -rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: enve- Iope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water -heating equipment efficiency. 110.3.8 Other inspections. In addition to the inspections specified in Sections 110.3.1 through 110.3.7, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. 110.3.9 Special inspections. For special inspections, see Chapter 17. 110.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 110.3.11 Radon mitigation inspections. Where radon mitigation systems are required by Section 1811 or 1812, or both, inspections shall be provided in accordance with the methods and fi•equency prescribed in this section. 110.3.11.1 Inspection of subfloor preparation. In conjunction with the "Concrete slab and under floor inspections" required by Section 110.3.2, the building official shall conduct subfloor preparation inspections. Such inspections shall be made after the placement of the gas -permeable layer in accordance with the compli- ance method selected in Section 1811.2.1 or 1812, or both. Depending upon the method of construction, inspections shall include, but not be limited to: Aggregate type and placement. SCOPE AND ADMINISTRATION 2. Sand type and placement. 3. Geotextile fabric placement. 4. Gas conveyance piping system placement in accordance with Section 1811.3.4. 5. Radon suction pits, including plenum boxes, col- lection pits, etc. 6. Preparations for installation of subslab soil exhaust ducts. 7. Other inspections as required by the building offi- cial to ensure compliance with selected alternate methods or engineered systems. 110.3.11.2 Inspection of walls in contact with soil -gas. For designs incorporating walls in contact with soil -gas, the building official shall conduct inspections for compli- ance with Section 1811.2.4. This inspection shall be made in conjunction with the 'footing and foundation inspec- tion" required by Section 110.3. 110.3.11.3 Inspection of subslab soil exhaust system duct (SSESD). In conjunction with the frame inspection" required by Section 110.3.4, the building official shall conduct SSESD inspections. Such inspections shall be made after the placement and identification of all SSESD's as required by Sections 1811.2.5 and 1812.3.7, and where an active soil depression system is selected in accordance with Section 1811.3.2. 110.3.11.4 Inspection of SSESD blower --active soil depressurization systems (ASD). In conjunction with the 'final inspection" required by Section 110.3.10, the build- ing official shall conduct ASD SSESD blower inspections. Such inspections shall be made after the installation of SSESD blowers in accordance with Section 1811.3.3. 110.4 Inspection agencies. The building official is autho- rized to accept reports of approved inspection agencies, pro- vided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspec- tions and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until autho- rized by the building official. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing character, use I or occupancy classification of a building or structure or por- tion thereof shall be made, until the building official has 2014 OREGON STRUCTURAL SPECIALTY CODE 13 SCOPE AND ADMINISTRATION issued a certificate of occupancy for such change in character, use or occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordi- nances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 1.05.2. 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provi- sions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the require- ments of this code for the occupancy and division of occupancy and the use for which the proposed occu- pancy is classified. 6. The name of the building gffcial. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provi- sions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the build- ing permit. 111.3 Temporary occupancy. The building official is autho- rized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, pro- vided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or com- pletion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect infor- mation supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION 112 SERVICE UTILITIES Section 112, "Service Utilities," is not adopted by the State of Oregon but may be adopted by the local jurisdiction. SECTION 113 BOARD OF APPEALS 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official rel- ative to the application and interpretation of this code, the local jurisdiction shall establish an appeals procedure. 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. An appeals board, when appointed, shall have no authority to waive requircments of this code. 113.3 Qualifications. An appeals board, when appointed, shall consist of members who are qualified by experience and train- ing to pass on matters pertaining to building construction. C 113.4 Appeal of decision of building official. ORS 455.475 provides an alternative appeals process to that set forth by the local municipality. ORS 455.475 is not part of this code but is reproduced here for the reader's convenience: 455.475. Appeal of decision of building official. (1) An applicant for a building permit may appeal a decision made by a building official under authority established pursuant to ORS 455.148, 455.150 or 455.467. The following apply to an appeal under this subsection: (a) An appeal regarding the interpretation or application of a particular specialty code provision shall be made first to the appropriate specialty code chief inspector of the Department of Consumer and Business Services. The decision of the department chief inspector may be appealed to the appropriate advisory board. The decision of the advisory board may only be appealed to the Director of the Department of Consumer and Business Services if codes in addition to the applicable specialty code are at issue. (b) If the appropriate advisory board determines that a decision by the department chief inspector is a major code interpretation, then the inspector shall distribute the decision in writing to all applicable specialty code public and private inspection authorities in the state. The decision shall be distributed within 60 days after the board's determination, and there shall be no charge for the distribution of the decision. As used in this paragraph, a "major code interpretation" means a code interpretation decision that affects or may affect more than one job site or more than one inspection jurisdiction. (2) Except as provided in subsection (1) of this section, an applicant for a building permit may appeal the decision of a building official on any matter relating to the administration and enforcement of this chapter to the department. The appeal must be in writing. A decision by the department on an appeal filed under this subsection is subject to judicial review as provided in ORS 183.484, (3) If an appeal is made under this section, an inspection authority shall extend the plan review deadline by the number of days it takes for a final decision to be issued for the appeal. [ 1999 c.1045 §23; 2001 c.573 § I.5; 2013 c. 528 § 13] 14 2014 OREGON STRUCTURAL SPECIALTY CODE ORS 455,690 allows appeal of a local appeals board deci- sion to the state Building Codes Structures Board. Appeals to the Building Codes Structures Board are limited to those that are technical and scientific in nature. ORS 455.690 is not part of this code but is reproduced here for the reader's convenience: 455.690 Appeal to advisory boards. Any person aggrieved by the final decision of a municipal appeals board or a subordinate officer of the Department of Consumer and Business Services as to the application of any provision of a specialty code may, within 30 days after the date of the decision, appeal to the appropriate advisory board. The appellant shall submit a fee of $20, payable to the department, with the request for appeal. The final decision of the involved municipality or state officer shall be subject to review and final determination by the appropriate advisory board as to technical and scientific determinations related to the application of the specialty code involved. [Formerly 456.850; 1993 c.744 §98] Note: Forms for filing an appeal under ORS 455.475 are available online at: www.bcd.oregon.gov. SECTION 114 VIOLATIONS 114.1 Prohibited acts are as described in ORS 455.450. ORS 455.450 is not part of this code but is reproduced here for the reader's convenience: 455.450 Prohibited acts. A person may not: (1) Violate, or procure or assist in the violation of, any final order the Director of the Department of Consumer and Business Services, an advisory board, a state administrative officer or any local appeals board, building official or inspector, concerning the application of the state building code in a particular case or concerning a license, certificate, registration or other authorization. (2) Engage in, or procure or assist any other person to engage in, any conduct or activity for which a permit, label, license, certificate, registration or other formal authorization is required by any specialty code, any provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446,566 to 446.646. 446.666 to 446.746, 479.510 to 479.945, 479.950 and 480.510 to 480.670, this chapter or ORS chapter 447, 460 or 693 or any rule adopted or order issued for the administration and enforcement of these provisions without first having obtained' such permit, label, license, certificate, registration or other formal authorization. (3) Violate, or procure or assist in the violation of, any standard, specification, requirement, prohibition or other technical provision set forth in the state building code or an applicable local building code or in any rule or order of the Department of Consumer and Business Services, an advisory board, a local governing body or local building official. [Formerly 456.885 (1); 2007 c.306 §31 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsi- ble for the construction, reconstruction, alteration and repair of a building or structure in violation of the provisions of this SCOPE AND ADMINISTRATION code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinu- ance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building qfficial is autho- rized to request the legal counsel of the jurisdiction to insti- tute the appropriate proceeding at law. C 114.4 Violation penalties. Any person who violates a provi- sion of this code or fails to comply with any of the require- ments thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construc- tion documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 114.5 Penalties. Penalty amounts, other than those described in Section 109.4 sure limited by ORS 455,895. Local authority to levy penalties is limited to violations of code application only. ORS 455.895 is not part of this code but is reproduced here for the reader's convenience: 455.895 Civil penalties. (1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165. (b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850. (c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS 480.670. Amounts recovered under this paragraph are subject to ORS 480.670. (2) The Department of Consumer and Business Services, or an appropriate advisory board, if any, may at its discretion impose a civil penalty against any person who violates the state building code or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945, 479.950 or 480.510 to 480,670, or this chapter or ORS chapter 447, 460 or 693, or any rule adopted or order issued for the administration and enforcement of those statutes. Except as provided in subsections (3), (4) and (9) of this section or ORS 446.995, a civil penalty imposed under this section must be in an amount determined by the appropriate advisory board or the department of not more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense. (3) Each violation of ORS 446.003 to 446.200 or 446.225 to 446,285, or any rule or order issued under ORS 446.003 to 446.200 or 446.225 to 446,285, constitutes a separate violation with respect to each manufactured structure or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation. 2014 OREGON STRUCTURAL SPECIALTY CODE 15 SCOPE AND ADMINISTRATION (4) The department may impose a civil penalty of not more than $25,000 against a public body responsible for administering and enforcing a building inspection program. As used in this subsection, "public body" has the meaning given that term in ORS 174.109. (5) The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The department, by rule, shall define what constitutes a pattern of violations. Except as provided in subsections (1) and (10) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall be used by the department for enforcement and administration of provisions and rules described in subsection (2) of this section. (6) Civil penalties under this section shall be imposed as provided in ORS 183.745. (7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the department or the appropriate advisory board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty. (8) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation by the partnership, association or corporation of a provision or rule described in subsection (2) of this section is subject to the penalties prescribed in this section. (9) In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violates a provision or rule described in subsection (2) of this section may be required by the department or the appropriate advisory board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the department or advisory board that does not exceed five times the amount by which such person profited in any transaction that violates a provision or rule described in', subsection (2) of this section. (10) If a civil penalty is imposed for a violation of a provision of ORS 446.566 to 446,646 and the violation relates to a filing or failure to file with a county assessor functioning as agent of the. department, the department, after deducting an amount equal to the department's procedural, collection and other related costs and expenses, shall forward one-half of the remaining civil penalty amount to the county in which the manufactured structure is located at the time of the violation. [1991 c.792 §4; 1991 c.734 §111; 1999 c.1045 §19; 2001 cAll §21; 2003 cA4 §286; 2003 c.655 §76; 2007 c.549 §6; 2007 c.898 § 1; 2013 c.324 § 11 ] SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either con- trary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issu- ance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permit- ted to resume. 115.3 Unlawful continuance. Any person who shall con- tinue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT Section 116 "Unsafe Structures and Equipment" is not I adopted by the State of Oregon but may be adopted by local jurisdictions. C 16 2014 OREGON STRUCTURAL SPECIALTY CODE CHAPTER 1 SCOPE AND ADMINISTRATION PART 1—SCOPE AND APPLICATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Oregon Structural Specialty Code and may be cited as such and will be referred to herein as "this code." 101.2 Scope. The scope of this code is as provided in ORS 455.020(1), ORS 455.020 is not part of this code but is reprinted here for the reader's convenience: 455.020 Purpose; scope of application; exceptions; scope of rules; fees by rule. (1) This chapter is enacted to enable the Director of the Department of Consumer and Business Services to promulgate a state building code to govern the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein, and to require the correction of unsafe conditions caused by earthquakes in existing buildings. The state building code shall establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort and security of the residents of this state who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304 §1; 1995 c.400 §5; 1999 c.1045 § 13; 1999 c.1082 § 11; 2001 c.710 §8l The Oregon Structural Specialty Code as adopted by the State of Oregon, Building Codes Division, includes portions of the International Building Code, the International Fire Code and other nationally adopted codes. It does not include provisions of the "State Fire Code" adopted under the State Fire Marshal's statutory authority. Unlike the "State Fire Code," the provisions of the Oregon Structural Specialty Code shall apply to the construction, reconstruction, alteration, repair and installation of materials and equipment in or a part of buildings and structures covered under the state building code. Detached one- and two-family dwellings and multiple sin- gle-family dwellings (townhouses) not more than three sto- ries above grade plane in height with a separate means of ' egress and their accessory structures shall comply with the Residential Code. Consistent with the purpose and scope of application of the state building code as authorized in ORS 455.020, this code shall not apply to the following: 1. The construction, alteration, moving, demolition, repair, maintenance and work located primarily in a public way. 2. Abatement of nuisances and dangerous buildings. 3. Fire safety during construction. 4. Demolition. 5. Protection of adjoining property. 6. Temporary use of streets, alleys and public property. 7. Portable fire extinguishers. 8. Encroachments into the public way. 9. Public utility towers and poles. 10. Mechanical equipment not specifically regulated in this code. 11. Hydraulic flood control structures, including but not limited to dams and levees. 12. Retaining walls that do not provide safeguards for the users of buildings; and do not support a regulated building or required accessible parking; and do not retain material, if not restrained, could impact a regu- lated building. 13. Fences. 14. Tanks that are located exterior to and not attached to or supported by a regulated building. 15. Cellular phone, radio, television and other telecom- munication and broadcast towers that are not attached to or supported by a regulated building. 16. Flagpoles not attached to or supported by a regulated building. 17. Signs not attached to or supported by a regulated building. 18. Ground -mounted photovoltaic arrays. 19. Floating structures. 20. Docks. 21. Fixed piers or wharves with no superstructure. 22, Equipment shelters not intended for human occu- pancy with a building area of 250 square feet or less, designated as Risk Category I or II. 23. Transitional housing accommodations. 24. Administration and implementation of a National Flood Insurance Program (NFIP). 2019 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION 25. Detached tents and other membrane structures erected for periods of 180 days or less. 26. Other structures not regulated by the state building code consistent with the scope of ORS 455.020. Municipalities, as defined in ORS 455.010(5), may estab- lish administrative procedures in accordance with ORS 455.020(4), and may amend specific sections of Chapter 1, as identified throughout the chapter. Municipalities are permitted to enact local ordinances for the following: 1. Pursuant to the regulation of dangerous buildings, a municipality may adopt seismic rehabilitation plans that provide for phased completion of repairs that are designed to provide improved life safety but that may be less than the standards for new buildings. 2. Abatement of nuisances and dangerous buildings. 3. Fire safety during construction. 4. Demolition. 5. Protection of adjoining property. 6. Temporary use of streets, alleys and public property. 7. Encroachments into the public way. 8. Retaining walls that do not provide safeguards for the users of buildings; and do not support a regulated building or required accessible parking; and do not retain material, which if not restrained, could impact a regulated building. 9. Fences. 10. Tanks that are located exterior to and not attached to or supported by a regulated building. 11, Cellular phone, radio, television and other telecom- munication and broadcast towers that are not attached to or supported by a regulated building. 12. Flagpoles not attached to or supported by a regulated building. 13. Signs not attached to or supported by a regulated building. 14. Floating structures. 15. Docks. 16. Fixed piers or wharves with no superstructure. 17. Equipment shelters not intended for human occu- pancy with a building area 250 square feet or less, designated as Risk Category I or II. 18. Administration and implementation of a National Flood Insurance Program (NFIP). 19. Transitional housing accommodations. 20. Matters not encompassed by this code. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted as noted in Sections 101.2.1.1 through 101.2.1.3. 101.2.1.1 Adopted appendices. The following appen- dices are adopted by the State of Oregon, Building Codes Division, as part of the state building code: 1. Appendix C, "Agricultural Buildings." 2. Appendix 1, "Patio Covers." 3. Appendix P, "Tall Wood Buildings." 101.2.1.2 Appendices not adopted, but are available for municipal adoption. The following appendices are not adopted by the State of Oregon, Building Codes Division, as part of the state building code but may be specifically adopted by a local municipality, through local ordinance. 1. Appendix A. "Employee Qualifications." 2. Appendix B, "Board of Appeals." 3. Appendix D, "Fire Districts." 4. Appendix F, "Rodentproofing." 5. Appendix G, "Flood -resistant Construction." 6. Appendix H, "Signs." 7. Appendix J, "Grading." 8. Appendix O, "Tsunami Loads." 101.2.1.3 Appendices not adopted and not available for municipal adoption. The following appendices are not adopted by the State of Oregon, Building Codes Division, as part of the state building code, and a local municipality may not adopt the same as the subject matter is encompassed by this code: 1. Appendix E, "Supplementary Accessibility Requirements." 2. Appendix K, "Administrative Provisions." 3. Appendix L, "Earthquake Recording Instrumen- tation." 4. Appendix M, "Tsunami -generated Flood Haz- ard." 5. Appendix N, "Replicable Buildings." 101.3 Purpose. The purpose of this code, as provided in ORS 455.020(1) and noted in Section 101.2, is to establish the minimum requirements to provide a reasonable level of safety, health and general welfare through structural strength, paeans of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations. It is not the purpose of this code to create or other- wise establish or designate any particular class or group of persons who will or should be especially protected or bene- fited by the terms of this code. C SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific require- ment shall be applicable. Where, in any specific case, differ- ent sections of this code specify different materials, methods 2 2019 OREGON STRUCTURAL SPECIALTY CODE of construction or other requirements, the most restrictive shall govern. 102.1.1 Statutory references. This code is adopted pursu- ant to Oregon Revised Statutes (ORS). Where this code and the statutes specify different requirements, the statute shall govern. Statutes related to this code include, but are not limited to, ORS 455.010 through 455.895 and ORS 447.210 through 447.310. Statutes referenced may be obtained from the Building Codes Division, 1535 Edgewater St. NW, Salem, OR 97304 or P.O. Box 14470, Salem, OR 97309 at a nominal cost or read online at: www.oregon.gov/bcd. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and stan- dards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provi- sions of this code and referenced codes and standards, the provisions of this code shall apply. 102A.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code shall take precedence over the provisions in the referenced code or standard. OAR 918-008.0000 is not part of this code but is reprinted here for the readers' convenience: 918-008-0000 Purpose and Scope (1) The Department of Consumer and Business Services, Building Codes Division, adopts model building codes, standards and other' publications by reference, as necessary, through administrative rule to create the state building code. When a matter is included in a specialty code or referenced publication that is in conflict with Oregon Revised Statutes or Oregon Administrative Rules, the statute or rule applies and the code or standard provision does not. All remaining parts or application of the code or standard remain in effect. (2) Unless required by law, matters generally not authorized for inclusion in a specialty code or referenced standard include, but are not limited to: licensing or certification requirements, or other qualifications and standards for businesses or workers; structures or equipment maintenance requirements; matters covered by federal or state law; and matters that conflict with other specialty codes or publications adopted by the department. (3) OAR 918-008-0000 to OAR 918-008-0070 provides the process for adopting and amending the state building code that is consistent across all program areas. (4) The state building code is derived from the most appropriate version of base model codes, which are updated periodically. SCOPE AND ADMINISTRATION (5) The Oregon specialty code amendment process begins approximately midway into a code cycle. (6) An appropriate advisory board approves or forwards the adoption of the Oregon specialty code and amendments to the Department for adoption. (7) Notwithstanding sections (3) through (6) of this rule, the division may adopt supplemental code amendments as authorized by OAR 918-008-0028. [Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 447,020, 455.030 & 479.730 Stats. Implemented: ORS 447.020, 455.030 & 479.730 Hist.: BCD 26-1994, f. & cert. cf. 11-15-94; BCD 6-1997, f. & cert. cf. 4-1-97; BCD 3-2006(Temp), f. & cert. cf. 3-1-06 thru 8- 27-06; BCD 9-2006, f. 6-30-06, cert. cf. 7-1-06; BCD 1-2014, f. 1-22-14, cert. cf. 4-1-14 102.4.3 ASCE Standard 24, Flood Resistant Design and Construction. The following ASCE 24 tables are not adopted by the State of Oregon, Building Codes Division, as part of the state building code, as the subject matter encompasses Free Board, Base Flood Elevation and Design Flood Elevation. The authority to establish the same is reserved for local government. 1. Table 2-1, Minimum elevation of the top of lowest floor. 2. Table 4-1, Minimum elevation of bottom of lowest supporting horizontal structural member of lowest floor. 3. Table 5-1, Minimum elevation below which flood damage -resistant materials shall be used. 4. Table 6-1, Minimumelevation of floodproofng. 5. Table 7-1, Minimum elevation of attendant utilities and equipment. 2019 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION National Flood Insurance Program (NFIP) Each local community participating in the National Flood Insurance Program (NFIP) designates a local flood plain administrator who is responsible to make sure communities meet their insurance program obligations. Certain matters comprised within the NFIP program may conflict with or overlap with the state building code. Certain decisions such as sill plate height and other NFIP criteria fall under the authority and responsibility of the flood plain administrator. Once decisions under the NFIP program are made, then the appropriate requirements of this code for the construction of the building are applied. Local communities may choose to designate their local building official as the flood plain administrator or may designate other staff. When a building official functioning in the capacity of flood plain administrator exercises authority under the NFIP, such decisions are not part of this code nor subject to the building official duties and responsibilities as adopted by the Oregon Building Codes Division. Per ORS 455.210(3)(c), local communities are prohibited from using building permit monies for any matter other than administration and enforcement of the state building code. Administration and implementation of a local NFIP program are not part of the state building code. 102.5 Partial invalidity. In the event that any part or provi- sion of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any struc- ture existing on the date of adoption of this code shall be per- mitted to continue without change, except as otherwise specifically provided in this code. Occupied and existing structures under state law related to building inspection programs Note: This information is provided for building official use and is not intended to provide direction to any other form of government outside of a building official operating under Oregon Building Codes Division's state laws and rules. Questions regarding this information should be addressed through local counsel. Under ORS 476.030 and Chapter 455, building officials are prohibited from requiring corrections or any changes to an existing structure that is maintained in conformity with the state building code regulations in effect at the time of construction. Under ORS Chapters 476 and 455, occupied structures that have no valid certificate of occupancy do not fall under the delegated authority from the state Building Codes Division. No state authority exists for building officials to access buildings or require corrections for structures unless a permit application is on file. References within the state building code that provide access and investigative authority to building officials are rescinded and are not valid. Under state authority, buildings occupied without a valid certificate of occupancy or permit are under the enforcement authority of the Office of State Fire Marshal. Local programs should ensure that adequate local ordinances have been adopted allowing for enforcement action where a certificate of occupancy was not issued or where no permit has been applied for. 102.6.1 Compliance. The repair, alteration, change of occupancy, and addition to existing buildings shall com- ply with the International Existing Building Code as amended by Chapter 34 of this code. 102.6.1.1 Local seismic rehabilitation. See ORS 455.020 (4). ORS 455.020 (4) is not part of this code but is reprinted here for the readers' convenience: 455.020 Purpose; scope of application; exceptions; scope of rules; fees by rule. (4) This chapter and any specialty code does not limit the authority of a municipality to enact regulations providing for local administration of the state building code; local appeal boards; fees and other charges; abatement of nuisances and dangerous buildings; enforcement through penalties, stop -work orders or other means; or minimum health, sanitation and safety standards for governing the use of structures for housing, except where the power of municipalities to enact any such regulations is expressly withheld or otherwise provided for by statute. Pursuant to the regulation of dangerous buildings, a municipality may adopt seismic rehabilitation plans that provide for phased completion of repairs that are designed to provide improved life safety but that may be less than the standards for new buildings. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304 §1; 1995' c.400 §5; 1999 c.1045 §13; 1999 c.1082 §11; 2001 c.710 §8] PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DEPARTMENT OF BUILDING SAFETY The requirements of Section 103 shall apply unless specifically amended by a local municipality under the authority of ORS 455.020. 103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. 103.2 Appointment. The building official shall be appointed by the chief appointing authority of the municipality. 103.3 Deputies. In accordance with the prescribed proce- dures of this municipality and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related 2019 OREGON STRUCTURAL SPECIALTY CODE technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL The requirements of Sections 104.1 and 104.3 shall apply unless specifically amended by a local municipality under the authority of ORS 455.020. 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Consistent with dis- cretionary decision -making powers granted to building offi- cials, a building official may take any action including but not limited to waiving a requirement, modifying a requirement and/or accepting an alternate method to the requirements of this code. When waiving or accepting a modification, a build- ing official shall not allow a provision that would create an imminent threat to public health or safety, and may not enforce requirements that are in addition to this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.2.1 Determination of substantially improved or substantially damaged existing buildings and struc- tures in flood hazard areas. For applications for recon- struction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas established by the food plain administrator, the food plain administrator shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the flood plain administrator determines that the proposed work constitutes substantial improvement or repair of sub- stantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612. 104.3 Notices and orders. The building official shall issue necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make the required inspections, or the building official shall have the authority to accept reports of inspection by approved agen- cies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The build- ing official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Right of entry. (Not adopted by the State of Oregon, Building Codes Division, as part of the state building code.) SCOPE AND ADMINISTRATION 104.6 Department records. The building official shall keep official records as dictated by OAR 166-150-0020 where a county has jurisdiction; OAR 166-200-0250 where a city has jurisdiction; and OAR Chapter 166 Division 300, et al., for the cities and counties where the State of Oregon has jurisdic- tion. Such records shall be retained in the official records for the period indicated in the respective OAR sections noted in this section. The building official shall maintain a permanent record of all permits issued in flood hazard areas, including copies of inspection reports and certifications required in Section 1612. 104.7 Liability. See ORS 30.265 for regulations relating to liability. 104.8 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.8.1 Used materials and equipment. Used materials, equipment and devices shall not be reused unless approved by the building official. Used or salvaged dimensional lumber shall be permitted to be used. 104.9 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the build- ing official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner's authorized agent, provided that the building official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compli- ance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of action grant- ing modifications shall be recorded and entered in the files of the department of building safety. 104.9.1 Flood hazard areas. (Not adopted by the State of Oregon, Building Codes Division, as part of the state building code.) The building official shall not grant modi- fications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that: 1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate. 2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable. 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the pub- lic, or conflict with existing laws or ordinances. 4. A determination that the variance is the minimum nec- essary to afford relief, considering the flood hazard. 5. Submission to the applicant of written notice speci- fying the difference between the design flood eleva- tion and the elevation to which the building is to be built, stating that the cost of flood insurance will be 2019 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION commensurate with the increased risk resulting from the reduced floor elevation, and stating that con- struction below the design,flood elevation increases risks to life and property. 104.10 Alternative materials, design and methods of con- struction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. 104.10.1 Research reports. Supporting data, where nec- essary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.10.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the require- ments of this code, or in order to substantiate claims for alternative materials or methods, the building off vial shall have the authority to require tests as evidence of compli- ance to be made without expense to the municipality. Test methods shall be as specified in this code or by other rec- ognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. SECTION 105 PERMITS 105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, change the character or use of the occupancy, or change the occu- pancy of a building or structure, which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. See ORS 455.020(2). Exceptions: 1. Construction subject to minor labels and master per- mits when authorized by the inspection authority under OAR Chapter 918, Division 100. 2. Temporary (180 days) structural supports, structural replacement or repairs performed in an emergency on an existing structure. The authority having juris- diction shall be notified of this work within 72 hours and permit application for the temporary work shall be submitted within the next five business days. 105.2 Work exempt from permit. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 120 square feet (I I m2). 2. Oil derricks. 3. Platforms, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 5. Temporary motion picture, television and theater stage sets and scenery. 6. Shade cloth structures constructed for nursery or agricultural purposes, not including service sys- tems. 7. Window awnings in Group R-3 and U occupan- cies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 8. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 9. Farm or forest use agricultural buildings exempted in ORS 455,315 (see also Appendix Q. 10. Equine facilities exempted in ORS 455.315. Note: Unless otherwise exempted, separate plumbing, electrical and mechanical permits may be required for the exempted items listed in this section. Additionally, all new construction and substantial improvements (including the placement of prefabricated buildings and certain building work exempt from permit under Section 105.2) shall be designed and constructed with methods, practices and materials that minimize flood damage in accordance with this code. 105.2.1 Repairs. Application or notice to the building offi- cial is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, par- tition or portion thereof; the removal or cutting of any structural beam or load -bearing support; or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe. The requirements of Sections 105.3 through 105.6 shall apply unless specifically amended by a local municipality under the authority of ORS 455.020. 105.3 Application for permit. To obtain a permit, the appli- cant shall first file an application therefor in writing on a form 2019 OREGON STRUCTURAL SPECIALTY CODE furnished by the department of building safety for that pur- pose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's autho- rized agent. 7. Give such other data and information as required by the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after fil- ing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satis- fied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The exten- sion shall be requested in writing and justifiable cause demonstrated. 105.4 Validity of permit. The issuance or granting of a per- mit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other laws or ordinances of the municipality. Permits pre- suming to give authority to violate or cancel the provisions of this code or other laws or ordinances of the municipality shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building offi- cial from requiring the correction of errors in the construction documents and other data. The building official is authorized to prevent occupancy or use of a structure where in violation of this code or of any other laws or ordinances of this munici- pality. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is com- menced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or aban- doned for a period of 180 days after the time the work is com- menced. The building official is authorized to grant, in SCOPE AND ADMINISTRATION writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writ- ing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete informa- tion, or in violation of any ordinance or regulation or any of the provisions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. In commercial or industrial build- ings. for each floor or portion thereof designed for live loads exceeding 50 psf (2.40 kN/1712), such design live loads shall be conspicuously posted by the owner or the owner's autho- rized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices. 106.2 Yssuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construc- tion documents, statement of special inspections, geotechni- cal report and other data shall be submitted in two or more sets with each permit application. The construction docu- ments shall be prepared by a registered design professional where required by ORS 671 and 672. Where special condi- tions exist, the building official is authorized to require addi- tional construction documents to be prepared by a registered design professional. Exceptions: 1. The building official may waive the submission of plans, calculations, construction inspection require- ments and other data and the related plan review fee if it is found that the nature of the work applied for is such that review of plans is not necessary to obtain compliance with this code. 2. Plans, specifications, calculations, diagrams and other data prepared and designed by an engineer or architect licensed by the state to practice as such are not required for the following work, provided the building official determines that the work is not of a 2019 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION highly technical nature or there is no unreasonable potential risk to life and/or safety of the structure: 2.1. The erection, enlargement or alteration of any building, or any appurtenance thereto, where the resulting building has a ground area of 4,000 square feet (372 mZ) or less and is not more than 20 feet (6096 mm) in height from the top surface of the lowest floor to the highest interior overhead finish (see ORS 671.030). 2.2. A single-family dwelling; farm agricultural building; nonfarm agricultural building; or accessory building to a single-family dwell- ing, farm agricultural building, or nonfarm agricultural building. 2.3. Alterations or repairs that do not involve the structural parts of the building. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.8. 107.2.1 Information on construction documents. Con- struction documents shall be dimensioned and drawn on suitable material. Electronic media documents are permit- ted to be submitted where approved by the building offi- cial, Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work pro- posed and show in detail that it will conform to the provi- sions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. 107.2.2 Fire protection system shop drawings. Shop drawings, plans, specifications or sketches for the fire pro- tection system(s) shall be submitted to the building of rcial pursuant to the requirements of the state building code and ORS Chapter 455 or ORS 479.155 to determine compli- ance with the state building code, including but not limited to fire and life safety standards that are part of the state building code. Shop drawings, plans, specifications or sketches shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chap- ter 9. The issuance of permits and inspections shall be the authority of the building official to administer under ORS Chapter 455. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the con- struction documents shall designate the number of occu- pants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or para- pets, means of drainage, water -resistive membrane and details around openings. The construction documents shall include manufac- turer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used. 107.2.5 Exterior balconies and elevated walking sur- faces. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions. 107.2.6 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the pro- posed finished grades and it shall be drawn in accordance with an accurate boundary line survey. The building offi- cial is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. C 107.2.7 Structural information. The construction docu- ments shall provide the information specified in Section 1603. C 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examina- tions whether the construction indicated and described is in accordance with the requirements of this code and other perti- nent laws or ordinances. 107.3.1 Approval of construction documents. When the building official issues a permit, the construction docu- ments shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construc- tion documents so reviewed shall be retained by the build- ing official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly autho- 2019 OREGON STRUCTURAL SPECIALTY CODE rized representative. Construction documents shall be approved in the timelines specified in ORS 455.467. ORS 455.467(1) & (2) are not part of this code but are reprinted here for the reader's convenience: 455.467 Timelines for approval or disapproval of certain specialty code building plans; exceptions; phased permit systems; failure to adhere to timelines. (1) Except as provided in subsection (2) of this section, for specialty code plan reviews of simple low-rise residential dwellings, the Department of Consumer and Business Services or a municipality that administers a building inspection program tinder ORS 455.148 or 455.150 shall approve or disapprove the specialty code building plan: (a) For a jurisdiction with a population that is less than 300,000, within 10 business days of receiving a complete application, or shall implement the process described in ORS 455.465. (b) For a jurisdiction with a population that is 300,000 or more, shall implement the process described in ORS 455.465. (2) The 10-day and 15-day requirements in subsection (1) of this section do not apply if: (a) The plan requires approval by federal, state or local agencies outside the jurisdiction of the issuing agency; (b) The plan is for a complex structure that requires additional review as determined by the department or municipality; or (c) Based on conditions that exist in the affected municipality, the Director of the Department of Consumer and Business Services authorizes a different plan review schedule as described in a building inspection program submitted under ORS 455.148 or 455.150. [1999 c.1045 §21; 2001 c.384 §1; 2001 c.573 §13; 2003 c.675 §28] 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pur- sued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. The building official is autho- rized to issue a permit for the construction of foundations or any other pact of a building or structure before the con- struction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a reg- SCOPE AND ADMINISTRATION istered design professional, the building official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute reg- istered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner's authorized agent if the registered design profes- sional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. 107.3.4.1 Deferred submittals. Deferral of any sub- mittal items shall have the prior approval of the build- ing official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal docu- ments have been approved by the building official. See ORS 455.467(3). ORS 455.467(3), (4), (5) & (6) are not part of this code but are reprinted here for the reader's convenience: (3) For specialty code plan reviews of commercial structures, a municipality shall include in its building inspection program submitted under ORS 455.148 or 455.150 a process for plan review services. The municipality shall include in its program detailed reasons supporting the proposed plan review process. The plan review services provided by the municipality shall: (a) Allow an applicant to defer the submittal of plans for one or more construction phases for a commercial construction project in accordance with the state building code; and (b) Allow an applicant to receive permits for each of the phases of a commercial construction project as described in the state building code when the plan review for that phase is approved. 2019 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION (4) For a phased commercial construction project as described in subsection (3) of this section, the municipality shall inform the applicant of the detailed plans necessary for each phase of the project and the estimated time for initial and phased review of the building plans for conformance with the state building code. (5) An applicant submitting plans under subsection (3) of this section is responsible for ensuring that the project meets all specialty code requirements and that the project does not proceed beyond the level of approval authorized by the building official. (6) A municipality that repeatedly fails to meet the plan review period described in this section or otherwise authorized in its building inspection program submitted under ORS 455.148 or 455.150 shall be considered to be engaging in a pattern of conduct of failing to provide timely plan reviews under ORS 455.160. [1999 c.1045 §21; 2001 c.384 §1; 2001 c.573 §13. 2003 c.675 §281 107.3.5 Fire and life safety plan review, occupancies to be reviewed. ORS 479.155(2) requires submission of plans for review and approval of certain occupancies. Unless exempted by the Building Codes Division through delegation of the fire and life safety plan review program, the owner shall submit to the building codes administrator two copies (or, where required, an additional copy shall be submitted for local government use) of a plan or sketch drawn clearly and to scale showing infor- mation as set forth in Section 107.3.5.1 for review and approval prior to beginning construction or alteration. Fire and life safety plan review is required for the following occupancies: 1. Group A occupancies. 2. Group B occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement. 3. Group E occupancies. 4. Group F occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement. 5. Group H occupancies over 1,500 square feet (139 m2) or more than 20 feet (6096 mm) in height, or with a basement. 6. Group I occupancies. 7. Group M occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement. 8. Group R, Division 1, 2 and 4 occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement over 1,500 square feet (139 m2). 9. Group S, Division 1, 2 and 3 occupancies over 4,000 square feet (372 rn2) or more than 20 feet (6096 mm) in height, or with a basement. 10. Group U occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement. Two copies of a plot plan for the occupancies listed in this section shall be submitted for the placing of prefabri- cated structures to show the relationship of all adjacent buildings and their exit ways. ORS 479.155(2) is not part of this code but is reprinted here for the reader's convenience: 479.155 Plan of proposed construction or alteration; declaration of value; approval of plan; effect of approval; rules. (2) Prior to construction or alteration of a hospital, public building as defined in ORS 479.168, public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210, or any other building or structure regulated by the State Fire Marshal for use and occupancy or requiring approval by the State Fire Marshal pursuant to statute, the owner shall submit to the director two copies of a plan or sketch showing the location of the building or structure with relation to the premises, distances, lengths and details of construction as the director shall require. A filing is not required with respect to any such building or structure in any area exempted by order of the State Fire Marshal pursuant to ORS 476.030. Approval of the plans or sketches by the director is considered approval by the State Fire Marshal and satisfies any statutory provision requiring approval by the State Fire Marshal. [1965 c.602 §14; 1967 c.417 §20; 1973 c.834 §33; 1977 c.821 §4; 1987 c.414 § 158; 1993 c.744 § 116; 1999 c.1082 § 13; 2005 c.22 §3641 107.3.5.1 Fire and life safety plan review limits. The fol- lowing portions of this code shall be used to review the plans submitted under this subsection. (These require- ments are not intended to apply to structural, architectural, light and ventilation, accessibility and energy conservation requirements of the code except as they affect require- ments included on the list.) Chapter 1, except Sections 103, 104, 105, 109, 110 and 113. Chapters 2 through 10. Chapter 11 (egress signage). Chapters 14. Chapter 15 (except Sections 1503 and 1504); Chapter 24, Chapter 26. Chapters 30 through 32. Chapter 34. Appendix C. 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction docu- ments, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of con- struction documents. 10 2019 OREGON STRUCTURAL SPECIALTY CODE 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than dictated by OAR 166-150-0020 where a county has jurisdiction; OAR 166- 200-0250 where the city has jurisdiction; and OAR 166-300, et al., for the jurisdictions where the State of Oregon has jurisdiction. One set of approved plans and specifications shall be returned to the applicant and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. See Chapter 31 for additional requirements. Tents and other membrane structures erected for a period of less than 180 days are regulated by the fire official. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be dis- continued. SECTION 109 FEES The requirements of Section 109 shall apply unless specifically amended by a municipality under the authority of ORS 455.020. 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amend- ment to a permit be released until the additional fee, if any, has been paid. 109.2 Schedule of permit fees. On buildings, structures or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as estab- lished by the municipality, under authority of ORS 455.020 and 455.210 or as set forth in OAR Chapter 918, Division 460, where the State of Oregon has jurisdiction. SCOPE AND ADMINISTRATION ORS 455.020(2) is not part of this code but is reprinted here for the reader's convenience: 455.020(2) Purpose: scope of application; exceptions; scope of rules; fees by rule. (2) The rules adopted pursuant to this chapter shall include structural standards; standards for the installation and use of mechanical, heating and ventilating devices and equipment; and standards for prefabricated structures; and shall, subject to ORS 455.210, prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review services by the Department of Consumer and Business Services. The department may also establish, by rule, the amount of any fee pertaining to the state building code or any specialty code that is authorized by statute, but for which an amount is not specified by statute. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304 §1; 1995 c.400 §5; 1999 c.1045 § 13; 1999 c.1082 § 11; 2001 c.710 §81 ORS 455.210(3)(a) is not part of this code but is reprinted for the reader's convenience: ORS 455.210 Fees; appeal of fees; surcharge; reduced fees; rules. (3)(a) A municipality may adopt by ordinance or regulation such fees as may be necessary and reasonable to provide for the administration and enforcement of any specialty code or codes for which the municipality has assumed responsibility under ORS 455.148 or 455.150. A municipality shall give the director notice of the proposed adoption of a new or increased fee under this subsection. The municipality shall give the notice to the director at the time the municipality provides the opportunity for public comment under ORS 294.160 regarding the fee or, if the proposed fee is contained in an estimate of municipal budget resources, at the time notice of the last budget meeting is published under ORS 294.426. [Subsections (1) to (5) formerly 456.760; subsection (6) enacted as 1987 c.604 §6; 1997 c.856 §1; 1999 c.432 §1; 1999 c.1045 §24; 1999 c.1082 §9; 2001 c.573 §9; 2001 c.673 §1; 2005 c.193 §1; 2005 c.833 §3; 2007 c.69 §5; 2011 c.473 §291 109.2.1 Plan review fees. Where submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be a percentage of the building permit fee as established under Section 109.2. Additionally, the fee for a fire and life safety plan review, as required by Section 107.3.5, shall be a percentage of the building permit fee established under Section 109.2. 2019 OREGON STRUCTURAL SPECIALTY CODE 11 SCOPE AND ADMINISTRATION The plan review fees specified in this section are sepa- rate from the permit fees specified in Section 109.2 and are in addition to the permit fees. The state surcharge is not applied to plan review fees. Where submittal documents are incomplete or changed so as to require additional plan review, a fee shall be charged according to the rate established by the municipal- ity. Where the project involves deferred submittal items, as defined in Section 107.3.4.2, an additional plan review fee shall be charged according to the rate established by the municipality in accordance with OAR 918-050-0170. 109.3 Building permit valuations. Structural building per- mit valuations shall be based on the Uniform Fee Methodolo- gies established by OAR 918-050-0100. Exception: Work as permitted in Section 105.1 OAR 918-050-0100 is not part of this code but is reprinted here for the reader's convenience. Uniform Fee Methodology 918-050-0100 Statewide Fee Methodologies for Residential and Commercial Permits (2) Commercial construction permit fees shall be calculated using the following methodologies: (a) A plumbing permit fee shall be calculated based on the number of fixtures and footage of piping, with a set minimum fee. (b) A mechanical permit fee shall be calculated based on the value of the mechanical equipment and installation costs and applied to the municipality's fee schedule with a set minimum fee. (c) A structural permit fee shall be calculated by applying the valuation to the municipality's fee schedule with a minimum set fee. Valuation shall be the greater of either: (A) The valuation based on the ICC Building Valuation Data Table current as of April 1 of each year, using the occupancy and construction type as determined by the building official, multiplied by the square footage of the structure; or (B) The value as stated by the applicant. (C) When the construction or occupancy type does not fit the ICC Building Valuation Data Table, the valuation shall be determined by the building official with input from the applicant. Stat. Auth.: ORS 455.048 & 455.055 Stats. Implemented: ORS 455.046 & 455,055 Hist.: BCD 9-2000, f. 6-15-00, cert. cf. 10-1-00; BCD 31-2005, f. 12-30-05, cert. cf. 1-1-06; BCD 5-2007, f. 5-11-07, cert. cf. 7-1- 07; BCD 27-2008, f. ef.12-12-08, cert. cf. 1-1-09; BCD 7-2009, f. 9-30-09, cert. cf. 10-1-09 109.4 Work commencing before permit issuance. Any per- son who commences any work on a building, structure, elec- trical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee. The amount of the investigative fee shall be the average or actual additional cost of ensuring that a building or structure is in conformance with this code and shall be in addition to the required permit fees. ORS 455.058 is not part of this code but is reprinted here for the reader's convenience: 455.058 Investigation fee for work commenced without permit; rules. (1) Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences. (2) This section does not apply to: (a) An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or (b) Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law. (3) The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. [2013 c.324 §21 109.5 Related fees. The payment of the fee for the construc- tion, alteration, removal or demolition for work done in con- nection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. The building official is authorized to estab- lish a refund policy. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other laws or ordinances of the municipality. Inspections pre- suming to give authority to violate or cancel the provisions of this code or of other laws or ordinances of the municipality shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the municipality shall be liable for expense entailed in the removal or replacement of any mate- rial required to allow inspection. 12 2019 OREGON STRUCTURAL SPECIALTY CODE 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an applica- tion has been filed. 110.3 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.11. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foun- dation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job. 110.3.2 Concrete slab and under -floor inspection. Con- crete slab and under -floor inspections shall be made after in -slab or under -floor reinforcing steel and building ser- vice equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any con- crete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the base- ment, and prior to further vertical construction, the eleva- tion certification required in Section 1612.4 shall be submitted to the building official as required for building code administration and to the flood plain administrator in the management of any NFIP requirements. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblock- ing and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath, gypsum board and gypsum panel prod- uct inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gyp- sum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire -resistance -rated assembly or a shear assembly. 110.3.6 Weather -exposed balcony and walking surface waterproofing. Where balconies or other elevated walk- ing surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is pro- tected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be con- cealed until inspected and approved. Exception: Where special inspections are provided in accordance with Section 1705.1.1, Item 3. 110.3.7 Fire- and smoke -resistant penetrations. Protec- tion of joints and penetrations in fire -resistance -rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. SCOPE AND ADMINISTRATION 110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: enve- lope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water -heating equipment efficiency. 110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3.1 through 110.3.8, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. 110.3.10 Special inspections. For special inspections, see Chapter 17. 110.3.11 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 110.3.12 Radon mitigation inspections. Where radon mitigation systems are required by Section 1811 or 1812, or both, inspections shall be provided in accordance with the methods and frequency prescribed in this section. 110.3.12.1 Inspection of subfloor preparation. In conjunction with the "concrete slab and under -floor inspection" required by Section 110.3.2, the building official shall conduct subfloor preparation inspections. Such inspections shall be made after the placement of the gas -permeable layer in accordance with the compli- ance method selected in Section 1811.2.1 or 1812, or both. Depending on the method of construction, inspec- tions shall include, but not be limited to: 1. Aggregate type and placement. 2. Sand type and placement. 3. Geotextile fabric placement. 4. Gas conveyance piping system placement in accordance with Section 1811.3.4. 5. Radon suction pits, including plenum boxes, col- lection pits, etc. 6. Preparations for installation of subslab soil exhaust ducts. 7. Other inspections as required by the building offi- cial to ensure compliance with selected alternate methods or engineered systems. 110.3.12.2 Inspection of walls in contact with soil gas. For designs incorporating walls in contact with soil gas, the building official shall conduct inspections for compliance with Section 1811.2.4. This inspection shall be made in conjunction with the "footing and foundation inspection" required by Section 110.3. 110.3.12.3 Inspection of subslab soil exhaust system duct (SSESD). In conjunction with the "frame inspec- tion" required by Section 110.3.4, the building official shall conduct SSESD inspections. Such inspections shall be made after the placement and identification of all SSESDs as required by Sections 1811.2.5 and 1812.3.7, and where an active soil depressurized sys- tem is selected in accordance with Section 1811.3.2. 2019 OREGON STRUCTURAL SPECIALTY CODE 13 SCOPE AND ADMINISTRATION 110.3.12.4 Inspection of SSESD blower —active soil depressurization systems (ASD). In conjunction with the "final inspection" required by Section 110.3.11, the building official shall conduct ASD SSESD blower inspections. Such inspections shall be made after the installation of SSESD blowers in accordance with Sec- tion 1811.3.3. 110.4 Inspection agencies. The building official is autho- rized to accept reports of approved inspection agencies, pro- vided that such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspec- tions and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until autho- rized by the building official. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Change of occupancy. A building or structure shall not be used or occupied, and a change in the existing charac- ter, use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy for such change in char- acter, use or occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code. Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner's authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the require- ments of this code for the occupancy and division of occupancy and the use for which the proposed occu- pancy is classified, 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provi- sions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12, Any special stipulations and conditions of the build- ing permit. 111.3 Temporary occupancy. The building official is autho- rized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, pro- vided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or com- pletion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect infor- mation supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION 112 SERVICE UTILITIES The requirements of Section 112 are not adopted by the State of Oregon, Building Codes Division, as part of the state building code but may be specifically adopted by a local municipality. 112.1 Connection of service utilities. A person shall not make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The build- ing official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the 14 2019 OREGON STRUCTURAL SPECIALTY CODE building, structure or service system shall be notified in writ- ing, as soon as practical thereafter. SECTION 113 BOARD OF APPEALS 113.1 General. The local municipality shall establish a pro- cess to review appeals of determinations made by the build- ing official regarding any provision of the specialty codes the municipality administers and enforces, to include a method to identify the local building official or designee and to notify a permit applicant of the provisions of ORS 455.475, see OAR 918-020-0090(l)(c). Where there are practical difficulties in establishing a local appeals board, appeals filed under the provisions of ORS 455.475 shall satisfy this requirement. 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. An appeals board, where appointed, shall not have authority to waive requirements of this code. 113.3 Qualifications. An appeals board, where appointed, shall consist of members who are qualified by experience and training to pass on matters pertaining to building construc- tion. 113.4 Alternative appeal process. ORS 455.475 provides an alternative appeal process to any established by a local municipality. An applicant for a building permit may choose to appeal a building official's decision to a local appeals board or directly to the appropriate specialty code program chief. Note: Forms for filing an appeal under ORS 455.475 are available online at: www.oregon.gov/bcd. SCOPE AND ADMINISTRATION ORS 455.475 is not part of this code but is reprinted here for the reader's convenience: 455.475. Appeal of decision of building official. (1) An applicant for a building permit may appeal a decision made by a building official under authority established pursuant' to ORS 455.148, 455.150 or 455.467. The following apply to an appeal under this subsection: (a) An appeal regarding the interpretation or application of a particular specialty code provision shall be made first to the appropriate specialty code chief inspector of the Department of Consumer and Business Services. The decision of the department chief inspector may be appealed to the appropriate advisory board. The decision of the advisory board may only be appealed to the Director of the Department of Consumer and Business Services if codes in addition to the applicable specialty code are at issue. (b) If the appropriate advisory board determines that a decision by the department chief inspector is a major code interpretation, then the inspector shall distribute the decision in writing to all applicable specialty code public and private inspection authorities in the state. The decision shall be distributed within 60 days after the board's determination, and there shall be no charge for the distribution of the decision. As used in this paragraph, a "major code interpretation" means a code interpretation decision that affects or may affect more than one job site or more than one inspection jurisdiction. (2) Except as provided in subsection (1) of this section, an applicant for a building permit may appeal the decision of a building official on any matter relating to the administration and enforcement of this chapter to the department. The appeal must be in writing. A decision by the department on an appeal filed under this subsection is subject to judicial review as provided in ORS 183.484. (3) If an appeal is made under this section, an inspection authority shall extend the plan review deadline by the number of days it takes for a final decision to be issued for the appeal. [1999 c.1045 ORS 455.690 is not part of this code but is reprinted here for the reader's convenience: 455.690 Appeal to advisory boards. Any person aggrieved by the final decision of a municipal appeals board or a subordinate officer of the Department of Consumer and Business Services as to the application of any provision of a specialty code may, within 30 days after the date of the decision, appeal to the appropriate advisory board. The appellant shall submit a fee of $20, payable to the department, with the request for appeal. The final decision of the involved municipality or state officer shall be subject to review and final determination by the appropriate advisory board as to technical and scientific determinations related to the application of the specialty code involved. [Formerly 456.850; 1993 c.744 §98] 2019 OREGON STRUCTURAL SPECIALTY CODE 15 SCOPE AND ADMINISTRATION SECTION 114 VIOLATIONS 114.1 Prohibited acts. Prohibited acts are as described in ORS 455.450. ORS 455.450 is not part of this code but is reprinted here for the reader's convenience: 455.450 Prohibited acts. A person may not: (1) Violate, or procure or assist in the violation of, any final order the Director of the Department of Consumer and Business Services, an advisory board, a state administrative officer or any local appeals board, building official or inspector, concerning the application of the state building code in a particular case or concerning a license, certificate, registration or other authorization. (2) Engage in, or procure or assist any other person to engage in, any conduct or activity for which a permit, label, license, certificate, registration or other formal authorization is required by any specialty code, any provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446,646, 446.666 to 446.746, 479.510 to 479.945, 479.950 and 480.510 to 480,670, this chapter or ORS chapter 447, 460 or 693 or any rule adopted or order issued for the administration and enforcement of these provisions without first having obtained such permit, label, license, certificate, registration or other formal authorization. (3) Violate, or procure or assist in the violation of, any standard, specification, requirement, prohibition or other technical provision set forth in the state building code or an applicable local building code or in any rule or order of the Department of Consumer and Business Services, an advisory board, a local governing body or local building official. [Formerly 456.885 (1); 2007 c.306 §31 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsi- ble for the construction, reconstruction, alteration and repair of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinu- ance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is autho- rized to request the legal counsel of the municipality to insti- tute the appropriate proceeding at law. 114.4 Violation penalties. Any person who violates a provi- sion of this code or fails to comply with any of the require- ments thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construc- tion documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 114.5 Penalties. Penalty amounts other than those described in Section 109.4 are limited by ORS 455.895. Local authority to levy penalties is limited to violations of code application only. ORS 455.895 is not part of this code but is reprinted here for the reader's convenience: 455.895 Civil penalties. 1 (2) The Department of Consumer and Business Services, or an appropriate advisory board, if any, may at its discretion impose a civil penalty against any person who violates the state building code or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945, 479,950 or 480.510 to 480.670, or this chapter or ORS chapter 447, 460 or 693, or any rule adopted or order issued for the administration and enforcement of those statutes. Except as provided in subsections (3), (4) and (9) of this section or ORS 446.995, a civil penalty imposed under this section must be in an amount determined by the appropriate advisory board or the department of not more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense. (3) Each violation of ORS 446.003 to 446,200 or 446.225 to 446.285, or any rule or order issued under ORS 446.003 to 446.200 or 446.225 to 446.285, constitutes a separate violation with respect to each manufactured structure or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from', the date of the first violation. (4) The department may impose a civil penalty of not more than $25,000 against a public body responsible for administering and enforcing a building inspection program. As used in this subsection, "public body" has the meaning given that term in ORS 174.109. (5) The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The department, by rule, shall define what constitutes a pattern of violations. Except as provided in subsections (1) and (10) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall be used by the department for enforcement and administration of provisions and rules described in subsection (2) of this section. (6) Civil penalties under this section shall be imposed as provided in ORS 183.745. (7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the department or the appropriate advisory board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty. (8) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation by the partnership, association or corporation of a provision or rule described in subsection (2) of this section is subject to the penalties prescribed in this section. 16 2019 OREGON STRUCTURAL SPECIALTY CODE (9) In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violates a provision or rule described in subsection (2) of this section may be required by the', department or the appropriate advisory board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the department or advisory board that does not exceed five times the amount by which such person profited in', any transaction that violates a provision or rule described in subsection (2) of this section. (10) If a civil penalty is imposed for a violation of a provision of ORS 446.566 to 446.646 and the violation relates to a filing or failure to file with a county assessor functioning as agent of the department, the department, after deducting an amount equal to the department's procedural, collection and other related costs and expenses, shall forward one-half of the remaining civil penalty amount to the county in which the manufactured structure is located at the time of the violation. [1991 c.792 §4; 1991 c.734 § 111; 1999 c.1045 § 19; 2001 c411 §21; 2003 c.14 §286; 2003 c.655 §76; 2007 c.549 §6; 2007 c.898 §1:2013 c.324 §I II SECTION 115 STOP WORK ORDER 115.1 Authority. Where the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. 115.3 Unlawful continuance. Any person who shall con- tinue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SCOPE AND ADMINISTRATION SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT The requirements of Section 116, Unsafe Structures and Equipment are not adopted by the State of Oregon, Building Codes Division, as part of the state building code but may be specifically adopted by a local municipality. 116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building of deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe. 116.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancy of the structure and the nature of the unsafe condition. 116.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improve- ments to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipu- lated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order. 116.4 Method of service. Such notice shall be deemed prop- erly served if a copy thereof is: delivered to the owner per- sonally; sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or delivered in any other manner as prescribed by local law. If the certified or registered letter is returned show- ing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the forego- ing manner on the owner's agent or on the person responsible for the structure shall constitute service of notice on the owner. 116.5 Restoration. Where the structure or equipment deter- mined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or addi- tions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, addi- tions and change of occupancy shall comply with the require- ments of the Building Code. 2019 OREGON STRUCTURAL SPECIALTY CODE 17 18 2019 OREGON STRUCTURAL SPECIALTY CODE FINDINGS FILE NUMBER: 247-20-000145-TA APPLICANT: Deschutes County Community Development 117 NW Lafayette Avenue Bend, Oregon 97703 PROPERTY: N/A OWNER: REQUEST: Text Amendments to the Deschutes County Code to incorporate changes to Chapter 1 of the Oregon State Structural Code (State Building Code), changes to the Oregon Fire Code, and housekeeping amendments available for local adoption to ensure the overall safety and effectiveness of the community development program. STAFF CONTACT: Kyle Collins, Associate Planner I. BACKGROUND The purpose of these code amendments is to address critical changes made by the State Building Codes Division (State BCD) to Chapter 1- Scope and Administration (Chapter 1) of the commercial building code (Oregon Structural Specialty Code or OSSC) and the residential building code (Oregon Residential Specialty Code or ORSC). Secondarily, additional code amendments are proposed to address recent changes to the Oregon Fire Code which require local action to maintain consistency and modern fire protection standards. Finally, as allowed by the State of Oregon, a number of housekeeping amendments have been proposed to Deschutes County Code Title 1 and Title 15 beyond those items outlined above. These amendments are available for local adoption to ensure the overall safety and effectiveness of the community development program. The Planning Commission conducted a work session on April 23rd, 2020 for review of these amendments prior to the Deschutes Board of County Commissioners ('Board") public hearing. II. PROPOSED AMENDMENTS The proposed amendments are described and detailed in Ordinance 2020-012, attached hereto. Added language is underlined and deleted shown as strikethrewgl4. The amendments are necessary to clarify existing standards and procedures, incorporate changes to the Oregon State Structural Code (State Building Code), incorporate changes to the Oregon Fire Code, incorporate amendments available for local adoption by the State, and correct scrivener's errors. The following section summarizes the proposed amendments: ® DCC CHAPTER 1.15, UTILITY CONNECTIONS o DCC 1.15.205 -Proposing to allow the local building official the authority to regulate utility connections for structures regulated by Deschutes County Code Title 15 (Deschutes County Building Code). • DCC CHAPTER 1.16, CODE VIOLATIONS AND ENFORCEMENT o DCC 1.16.034 - Where it is necessary to make an inspection to enforce the provisions of the Deschutes County Code, or where the code enforcement officials or the building official has reasonable cause to believe that there exists in a structure, upon a premises, or on a property a condition which is contrary to or in violation of the Deschutes County Code which makes the structure, premises, or property unsafe, dangerous, or hazardous, the code enforcement official or the building official is authorized to enter the structure, premises, or property at reasonable times to inspect or to perform the duties imposed by the Deschutes County Code, provided that if such structure, premises, or property be occupied that credential be presented to the occupant and entry requested. • DCC CHAPTER 15.04, CODE VIOLATIONS AND ENFORCEMENT o DCC 15.04.015 - Grants the local building official authority to regulate abatement of nuisances and dangerous buildings, demolition, fences, cellular phone, radio, television and other telecommunication and broadcast towers that are not attached to or supported by a regulated building, signs not attached to or supported by a regulated building, transitional housing accommodations, administration and implementation of a National Flood insurance Program (NFIP), and other structures . ,_ not regiiiu'teu Vy Li 1e `itatc Vuiidlrig i.vde �UnS13LCA IL vdithi ti M Slope of vii_3 �+ A U. t_...-ice.. �.. .1 -.�., a.4. ,... ,. _ J:r: _ J —i_ _ _ r ..�_ _ r�uu ivi ��y w regulate these stl Lll till eJ VVds pr eVIUW, LUuiileU III %.11apter i UI Me Oregon State Structural Code (State Building Code), but now requires local amendments, as allowed by the state, to maintain previously held duties by the building official. o DCC 15.04.025 - Designates that in the areas under the jurisdiction of the County, all fences shall comply with the requirements of the current edition of the International Building Code published by the international Code Council. Previous fencing requirements were codified in the State Building Code, but now require local amendments, as allowed by the state, to maintain previously held duties by the building official. EXHIBIT E TO ORDINANCE NO. 2020-012 Page 2 of 5 o DCC 15.04.080 - Adopts recent changes to the Oregon Fire Code and removes the specific Oregon Fire Code yearly reference in the Deschutes County Code to avoid the need for future text amendments when new editions of the Oregon Fire Code are adopted. o DCC 15.04.130 - Removes a scrivener's error to more accurately describe the requirements for issuing building permits to residential, commercial or industrial structures. o DCC 15.04.140 - Clarifies the requirements for issuing certificates of occupancy for any new industrial or commercial structures to include the requirements of the State of Oregon Building Code as well as other applicable County requirements. o DCC 15.04.145 - Clarifies the requirements for issuing certificates of occupancy for any new residential structures to include the requirements of the State of Oregon Building Code as well as other applicable County requirements. • DCC CHAPTER 18.116, SUPPLEMENTARY PROVISIONS o DCC 18.116.120(C) - Removes an internal code reference which is rendered non- functional by code amendments proposed in DCC Title 15. Rather than reference the fencing requirements in the State Building Code, the proposed changes will reference the fencing requirements codified in the local building code (DCC Title 15). III. BASIC FINDINGS The Planning Division determined changes were necessary to clarify existing standards and procedures, incorporate changes to the Oregon State Structural Code (State Building Code), incorporate changes to the Oregon Fire Code, incorporate amendments available for local adoption by the State, and correct scrivener's errors found in various sections of DCC. Staff initiated the proposed changes and notes that notification of the Oregon Department of Land Conservation and Development is not required for amendments to local building codes. As demonstrated in the summary above, the amendments remain consistent with Deschutes County Code, Deschutes County Comprehensive Plan, and the Statewide Planning Goals. IV. CONCLUSIONARY FINDINGS A. CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. Hearing Required EXHIBIT E TO ORDINANCE NO. 2020-012 Page 3 of 5 FINDING: The Board of County Commissioners (Board) will hold a hearing on June 101", 2020. This criterion is met. Section 22.12.020. Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion is met as notice was published in the Bend Bulletin newspaper on May 30, 2020. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: This criterion is met as notice was posted on the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend, as well as on the Planning Division website. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director. except as required by ORS 215.503. FINDING: The proposed amendments are legislative and do not apply to any specific property. Therefore, individual notice is not required. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion has been met, Section 22.12.030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of Countv Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the local Building Official, and has received a fee waiver. This criterion has been met. Sectioi i 22.12.040. Hearings Body EXHIBIT E TO ORDINANCE NO. 2020-012 Page 4 of 5 A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: This criterion is met as the Planning Commission held a work session on April 23rd, 2020. The Board will hold a public hearing on June 101h, 2020. These criteria will be met. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included in file no. 247-20-000145-TA will be implemented by an ordinance upon approval and adoption by the Board. This criterion will be met. V. CONCLUSION Based on the information provided herein, staff recommends the Board to approve the amendments that make minor changes necessary to clarify existing standards and procedures, incorporate changes to the Oregon State Structural Code (State Building Code), incorporate changes to the Oregon Fire Code, incorporate amendments available for local adoption by the State, and correct scrivener's errors found in various sections of DCC. EXHIBIT E TO ORDINANCE NO. 2020-012 Page 5 of 5 Chapter 1.15. UTILITY CONNECTIONS 1.15.205. Service Utility. 1.15.205. Service Utility. A. A person shall not make connections from a utility, source of energy, fuel or power to any building, structure, or system that is regulated by DCC 15.04 for which a permit is required until released by the building official. B. The building official may authorize the temporary connection of the building structure or system to the utility, source of energy, fuel or power. C. The building official may authorize disconnection of utility service to the building structure ors sin that is regulated by DCC 15.04 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Sections A and B above. The building official shall notify the serving utility_ and whenever possible the owner and occupant of the building structure or system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting the owner or occupant of the building structure or s, stem shall be notified in writing as soon as practical thereafter. EXHIBIT A TO ORDINANCE NO.2020-012 Chapter 1.16. CODE VIOLATIONS AND ENFORCEMENT 1.16.010. Violations Deemed Class A or B Classification -Penalties. 1.16.020. Continuing Violations. 1.16.030. Violation Procedures -Statutory Provisions Adopted. 1.16.032. Base Fine Amounts and Violation Classification for Water Supply, On -Site Sewage, Building Code, Subdivision Regulations and Land Use Regulation Violations. 1.16.034. Right of Entry. 1.16.035. Search Warrants -Statutory Provisions Adopted. 1.16.040. Other Remedies Not Precluded --Injunctive Relief/Abatement. 1.16.045. Private Right of Action. 1.16.050. Stop Work or Use Tag Violations. 1.16.060. Continuation of Certain Liabilities. 1.16.070. Code Enforcement Officials -Designation by County Administrator. 1.16.080. Code Enforcement Officials- Appointment Status. 1.16.090. Penalty for False Information on Noise or Animal Control Violation. 1.16.010. Violations Deemed Class A or B Classification -Penalties. A. Violation of a county ordinance shall be punishable, upon conviction, by fine or by the specific remedies specified within the County Code. B. Each county ordinance specifying a county offense shall classify the ordinance violation as a Class A or Class B violation. C. A sentence to pay a fine for a violation of a county ordinance shall be a sentence to pay an amount not exceeding the Maximum Fines provided in ORS 153.018. D. Notwithstanding this section and DCC 1.16.030, for violations of Chapters 13.04, 13.08, 13.36, 15.04 and 15.10 and Titles 17 18 and 19, the Presumptive and Minimum fine amount shall be the Maximum Fine amount described in DCC 1.16.010(C). E. For violations of County Code provisions not listed in DCC 1.16.010(D), the Presumptive and Minimum Fine amounts shall be as provided in ORS Chapter 153. F. A land use application for a property with an existing code violation will be accepted, but not processed by the County based on DCC 22.20.015. G. Notwithstanding DCC 1.16.010(D), the court or the hearings officer may impose a fine lower than the fine provided in those two sections, upon a finding of mitigating factors including, but not limited to, indigence of the defendant, severity of the violation, number of times the defendant has been previously cited for Deschutes County Code violations; length of time the violation has existed; and reason(s) the violation has not been cured. (Ord. 2015-020, §1, 2015; Ord. 2014-003, §1, 2014; Ord. 2013-015, §1, 2013; Ord. 2008-026, §1, 2008; Ord. 2003-021 §3, 2003; Ord. 2002-016 §9, 2002; 86-076 §1, 1986) 1.16.015. Strict Liability A. All of the offenses in the Deschutes County Code are strict liability offenses and do not require the proof of any culpable mental state unless the code provision defining the offense expressly provides that culpability is required. B. It is no defense to prosecution under any provision in this code that the actor was not the person who actually created, moved, caused, or maintained the unlawful condition or use. C. A person is liable for prosecution under any provision of this code: 1. If the person created, moved, caused, or maintained an unlawful condition or use; EXHIBIT B TO ORDINANCE NO.2020-012 2. If the person aided or abetted another person in creating, moving, causing, or maintaining an unlawful condition or use; 3. If the person is in actual or constructive possession of premises on which an unlawful condition or use or is found; or 4. If the person has any interest, other than a security interest, in premises on which an unlawful condition or use is found. (Ord. 2008-026, §1, 2008) 1.16.020. Continuing Violations. A. When a violation is of a continuing nature, a separately punishable violation occurs on each calendar day the violation continues. B. The complaint for a continuing violation will clearly state the following: 1. The ongoing or uninterrupted nature of the violation; 2. The date the violation is alleged to have first occurred; 3. The dates or range of dates of each day of the continuing or uninterrupted violation; and 4. The amount of the fine for each day's violation. (Ord. 2008-026, §1, 2008; Ord. 2003-021 §4, 2003; Ord. 2002-016 §9, 2002; 86-076 §2, 1986) 1.16.030. Violation procedures -Statutory provisions adopted. A. The violation procedures as set forth in ORS 153.030 to 153.145 and 153.990 shall be the procedures for county ordinance violations, and are adopted hereby by reference. B. Peace officers may enforce the provisions of Chapter 6.08, Animal Control, when the peace officer has reasonable grounds to believe that the conduct constitutes a violation of that chapter. (Ord. 2009-005 §1, 2009; Ord. 2008-026, §1, 2008; Ord. 2003-021 §5, 2003; Ord. 2002-032 §1, 2002; 2002- 016 §9, 2002; 86 076 §3, 1986) 1.16.032, Violation Classification for Water Supply, On=Site Selvage, Building Code, Subdivision Regulations and Land Use Regulation Violations. A. Violations of Chapters 13.04, 13.08, 13.36, 15.04 and 15.10 and Titles 17 and 18 constitute Class A violations. (Ord. 2013-015, § 1, 2013; Ord. 2002-032 § 1, 2002) 1.16.034. Right of Entry. Where it au .ieCeusai y to Inane an iiiSpe��lyii Lu c111V11:e Lhe provisions UL Luc LGSuhutes bounty Code or where the code enforcement officials or the building official has reasonable cause to believe that there exists in a structure, upon a premises, or on a property a condition which is contrary to or in violation of ti-le Deschutes County Code which makes the structure premises or property unsafe dangerous or hazardous the code enforcement official or the building official is authorized to enter the structure, premises or property at reasonable tunes to inspect or to perfonn the duties ipiposed by the Deschutes County Code provided that if such structure, premises, or property be occupied that credential be presented to the occupant and entry requested. If such structure, premises, or property is unoccupied the code enforcement official or the building nffirini ehnli firet malra a ra�cn ai�iP Pff f +0 i pro ri,o *t o t t , r - - locale 1=1 ovl,ner Or Vl.he persons llay11ir scharyge or conLr V1 Vl the structure, premises, or property and request entry. If entry is refused the code enforcement official or the building official shall have recourse to the remedies provided by law to secure entry_ 1.16.035. Search warrants -Statutory Provisions Adopted. EXHIBIT B TO ORDINANCE NO.2020-012 Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS 15.04.010. Specialty Codes and Building Requirements Adopted -Enforcement. 15.04.015. Additional Local Authority. 15.04.020. Repealed. 15.04.025. Fences. 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 Code -Adopted. 15.04.080. Fire Code -Adopted. 15.04.085. Wildfire Hazard Zones. 15.04.090. Definitions. 15.04.100. Mobile Homes -Placement Permit -Inspection. 15.04.110. Expedited Construction Start. 15.04.120. Mobile Homes -State Certification Required. 15.04.130. Building Permit Issuance -Zoning Conformance -Planning Department Approval. 15.04.140. Industrial/Commercial Structure -Occupancy Certificate Required. 15.04.145. Residential Structure- Occupancy Certificate Required. 15.04.150. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision Conformance. 15.04.160. Permit Fees -Adjustments. 15.04.170. Numbers for Addresses- Placement. 15.04.180. Administration -Enforcement. 15.04.190. Conditions Deemed a Public Nuisance. 15.04.200. Violation -Penalty. 15.04.210. Requirement for Water Service From Water Districts. 15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations. 15.04.010. Specialty Codes and Building Requirements Adopted -Enforcement. In the areas under the jurisdiction 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: A. The specialty codes under ORS 447 (Plumbing; Access by Disabled Persons), 455 (Building Code) and ORS 479.510 to 479.945 (Electrical Safety Law). B. Mobile or manufactured dwelling parks requirements adopted under ORS 446.062. C. Temporary parks requirements adopted under ORS 446.105. D. Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230. E. Park and camp requirements adopted under ORS 455.680. (Ord. 2011-022, §2, 2011; Ord. 96-055 §2, 1996) 15.04.015. Additional Local Authority. In the areas under the jurisdiction of the County, the County may administer and regulate the following in EXHIBIT C TO ORDINANCE NO. 2020-012 accordance with ORS 455.020(4): A. Abatement of nuisances and dangerous buildings. B. Demolition. C. Fences. D. Cellular phone, radio, television and other telecommunication and broadcast towers that are not attached to or supported bra regulated building E. Signs not attached to or sup op rted by a regulated building F. Transitional housing accommodations G. Administration and implementation of a National Flood Insurance Program (NFIP) H. Other structures not regulated by the state building code consistent with the scope of ORS 455.020 15.04.020. (Repealed by Ord. 96-055 1996) 15.04.025. Fences. In the areas under the jurisdiction of the County: A. All fences shall comply with the requirements of the current edition of the International Building Code Published by the International Code Council. 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) IS 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 1991) 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, 1997 Edition, hereinafter referred to as "building abatement code," is adopted in its entirety as the building abatement code for the areas under the jurisdiction of the County for regulating and controlling the repair, vacation, demolition and abatement of dangerous buildings in the areas under the jurisdiction 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 DCC 15.04 as though fully set out in DCC 15.04. B. The Uniform Code for the Abatement of Dangerous Buildings i_s 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 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 involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, EXHIBIT C TO ORDINANCE NO. 2020-012 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 ten 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 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. 2011-022, §2, 2011; Ord. 95-005 §1, 1995; Ord. 88-027 §1, 1988; Ord. 83-056 §5, 1983) 15.04.080. Fire Code -Adopted. The currently adopted The 2009 edition of the International Fire Code, as published by the International Code Council and as amended by the Office of State Fire Marshal, a eepy of .. hieh :s on file'Nith the G0H t;' r'�p�'' hereinafter referred to as "fire code," is adopted in its entirety as the fire code of the County and incorporated by reference herein. (Ord. 2011-022, §2, 2011; 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) 15.04.085. Wildfire Hazard Zones. A. Wildfire Hazard Zones are those depicted on the Deschutes County Wildfire Hazard Areas map on file with the County Clerk. B. Adoption of the Wildfire Hazard Areas map implements the provisions of the Wildfire Hazard Mitigation Section of the Oregon Residential Specialty Code enforced pursuant to DCC 15.04.010(A). EXHIBIT C TO ORDINANCE NO.2020-012 D. For purposes of enforcement, violation of any provision of the agreement authorized by DCC 15.04.110 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. 95-063 §1, 1995; Ord. 91-046 §1, 1991) 15.04.120. Mobile Homes -State Certification Required. No modular or factory -built home shall be located in the area under the jurisdiction of the County until such modular or factory -built home has been certified by the state as meeting all state requirements. (Ord. 2011-022, §2, 2011; Ord. 95-063 §1, 1995; Ord. 83-056 §8, 1983) 15.04.130. 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 residential,d== e.4 :g .nit _ten b * '^ ^ * , 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. 95-063 § 1, 1995; Ord. 83-056 § 10, 1983) 15.04.140. Industrial/Commercial Structure- Occupancy Certificate Required. No industrial or commercial structure shall be occupied until a certificate of occupancy has been issued. Issuance of a certificate of occupancy is contingent upon the requirements of the State of Oregon Building Code as well as other applicable County requirements (Ord. 95-063 §l, 1995; Ord. 93-052 §1, 1993) 15.04.145. Residential Structure- Occupancy Certificate Required No residential dwelling shall be occupied until a certificate of occupancy has been issued. Issuance of a certificate of occupancy is contingent upon the requirements of the State of Oregon Building Code as well as other applicable County requirements. 15.04.150. 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 Title 17, the subdivision title or DCC Title 18, the zoning title. A subdivision shall be deemed to be in violation of .--� ��•---.b ......._�+__.... ...� �..v Nuirvue vT issuing vuiiuiitg pCitittitJ Jo long aJ roa.US atl(A Ul11er lII1prUVemenTS remain uncmmnleterl in accnrrlaneP with the ar�rilinahla cni. ai.>; oinn �rr-.,,,,.,.,, �•,•,••• • •�••,.. YrT;'✓iii^vi.S. (Ord. 95-063 § 1, 1995; Ord. 83-056 § 11, 1983) 15.04.160. 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. Such fees may be waived by the Board of County Commissioners, the County Administrator, or the Director of the County Community Development Department. (Ord. 2006-002 §1, 2006; Ord. 96-058 §1, 1996; Ord. 95-063 §1, 1995; Ord. 93-006 §1, 1993; Ord. 83-056 § 15, 1983) EXHIBIT C TO ORDINANCE NO. 2020-012 Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.010. Authorization of Similar Uses. 18.116.020. Clear Vision Areas. 18.116.030. Off -Street Parking and Loading. 18.116.031. Bicycle Parking. 18.116.035. Bicycle Commuter Facilities 18.116.036 Special Parking Provisions for the Sunriver Town Center District 18.116.040. Accessory Uses. 18.116.050. Manufactured Homes. 18.116.070. Placement Standards for Manufactured Homes. 18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot. 18.116.090. A Manufactured Home or RV as a Temporary Residence for Medical Condition. 18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot. 18.116.100. Building Projections. 18.116.200. Repealed. 18.116.120. Fences. 18.116.130. Hydroelectric Facilities. 18.116.140. Electrical Substations. 18.116.150. Endangered Species. 18.116.160. Rimrock Setbacks Outside of LM Combining Zone. 18.116.170. Solar Height Restrictions. 18.116.180. Building Setbacks for the Protection of Solar Access. 18.116.190. Solar Access Permit. 18.116.200. Repealed. 18.116.210. Residential Homes and Residential Facilities. 18.116.215. Family Childcare Provider. 18.116.220. Conservation Easements on Property Adjacent to Rivers and Streams -Prohibitions. 18.116.230. Standards for Class I and II Road Projects. 18.116.240. Protection of Historic Sites. 18.116.250. Wireless Telecommunications Facilities. 18.116.260. Rock Crushing Outside the SM Zone. 18.116.270. Conducting Filming Activities in All Zones. 18.116.280. Home Occupations. 18.116.290. Amateur Radio Facilities 18.116.300. Wind Energy Systems that Generate Less than 100 kW 18.116.310. Traffic Impact Studies 18.116.320. Medical Marijuana Dispensary 18.116.330 Marijuana Production, Processing, and Retailing 18.116.340 Marijuana Production Registered by the Oregon Health Authority (OHA) 18.116.350 Accessory Dwelling Units in RR10 and MUA Zones 18.116.010. Authorization of Similar Uses. A. The purpose of DCC 18.116.010 is to, consistent with provisions of state law, provide for land uses not specifically listed in any zone, but which are similar in character, scale, impact and performance to a permitted or conditional use specified in a particular zone. B. Review Criteria. A similar use may be authorized by the Planning Director or Hearings Body provided that the applicant establishes that the proposed use meets the following criteria: 1. The use is not listed specifically in any zone; EXHIBIT D TO ORDINANCE NO.2020-012 2. For a total period not to exceed six months in a calendar year by obtaining a temporary use permit under the terms of DCC 18.116.095 from the Deschutes County Planning Division. A temporary use permit may be renewed annually for use of a recreational vehicle under the terms of DCC 18.116.095 on the same lot or parcel. B. All necessary permits shall be obtained from the Deschutes County Building Safety Division before connecting a recreational vehicle to sewer, water and/or electric utility services. C. A permit shall be obtained from the Deschutes County Environmental Health Division before disposing any wastewater or sewage on -site. D. A recreational vehicle used as a temporary dwelling unit shall meet the same setbacks required of a permanent dwelling on the subject lot. E. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or jacking system, shall be attached to the site only by quick disconnect type utilities and security devices, and shall have no permanently attached additions. (Ord. 2007-019 §4, 2007; Ord. 98-062 § 1, 1998; Ord. 95-075 § 1, 1995; Ord. 91-038 §3, 1991) 18.116.100. Building Projections. Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys and flues shall not project more than three feet into a required yard, provided that the projection is not closer than three feet to a property line. (Ord. 91-038 §4, 1991) 18.116.120. Fences. A. Fences which form a solid barrier or are sight obstructive shall not exceed three and one-half feet in height when located in a required front yard or in a clear vision area. B. Fences in Wildlife Area Combining Zones shall be designed in conformance with the requirements of DCC 18.88. C. All fences shall comply with the requirements of DCC Title 15the State of Ofega,i Bull i _ � = (Ord. 92-042 § 3, 1992; Ord. 91-03 8 § 1, 1991) 18.116.130. Hydroelectric Facilities. A. No new hydroelectric facilities shall be constructed, and no existing hydroelectric facilities shall be enlarged or expanded in size of area or generating capacity, on the following rivers and streams within Deschutes County: 1. Deschutes River, from its headwaters to River Mile 227, above, but not including Wickiup Dam, and from Wickiup Dam to River Mile 171 below Lava Island Falls: 2. Crooked River; 3. Fall River; 4. Little Deschutes River; 5. Spring River; 6. Paulina Creek; 7. Whychus Creek; and 8. Tumalo Creek. B. Hydroelectric facilities are allowed as a conditional use on the Deschutes River at Wickiup Dam, and from River Mile 171 below Lava Island Falls downstream to the northern Deschutes County line. Such conditional use shall be governed by the conditions set forth in DCC 18.128.260. 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Ln u a) 4==J a) > rO C) 4�- V� V) 0 a) u a) 0 S11- 0 00 Icll-- Ln 4-5 Ln 4=J 4-J a) c "U U aj 0 C) C7 E Ln c C: m C — a) a) %,- m Ln o Ln c: a) U a) u a) C) U 0 4�1 E ro -�6 0 ul 2 4- 0 (1) b-0 C: 4 .. 1 :0 (1) 4-- a) u ro U) 0 0- r- FO .0 ro 0 -E0- 0 u a) c LI) > 4-� ro ro 0 a) a) a) 0 c Zi cl� u D 1�. pNw IE I I IWN It r� _..J L Lu r I Maklm LOUT ES COG Q Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meetina of June 10, 2020 DATE• June 3, 2020 FROM: William Groves, Community Development, 541-388-6518 TITLE OF AGENDA ITEM: Preparation for Public Hearing Regarding Thornburg Golf Course Appeal BACKGROUND AND POLICY IMPLICATIONS: A administrative approval for a Site Plan Review (247-19-000881-SP) for the Phase A golf course of the Thornburg Destination Resort was appealed by parties Central Oregon Land Watch and Gould. The golf course includes artificial lakes approved by the Conceptual and Final Master Plans for the destination resort. FISCAL IMPLICATIONS: none ATTENDANCE: Will Groves, Legal STAFF MEMORANDUM Date: June 3, 2020 To: Board of County Commissioners From: Will Groves, Senior Planner Re: Appeal of Thornburg Golf Course Site Plan - 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A I. Background On December 11, 2019, Kameron DeLashmutt on behalf of Central Land and Cattle Company, LLC submitted a request for a Site Plan Review (SP) for the Phase A golf course of the Thornburgh Destination Resort. The golf course includes artificial lakes approved by the Conceptual and Final Master Plans for the destination resort. The other Phase A -required development, including the Overnight Lodging Units (OLUs) and restaurant and meeting rooms, will be proposed in separate site plan applications. They will be developed or financially assured, as required, prior to the closure of sales, rental or lease of any residential dwellings or lots. The resort property is large and comprised of numerous tax lots. The properties subject to this application are located in the southern region of the destination resort. The Thornburg Destination Resort has a lengthy and complex history that began in 2005. Each aspect of the Thornburg Destination Resort project includes decisions by Hearings Officers, the Board, Land Use Board of Appeals (LUBA), Oregon Court of Appeals, and Oregon Supreme Court.' The most recent appeal to LUBA (No. 2019-136) is currently awaiting review. LUBA stayed the appeal pending the outcome of the Supreme Court decision of case S067074. II. Decision The Planning Division issued an administrative approval without a public hearing on April 1, 2020, ' See the Land Use History summary on pages 3-5 under the Basic Findings section of the administrative decision for file 247-19-000881-SP. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 7 (541) 388-6575 CY cdd@deschutes.org @ www.deschutes.org/cd determining the applicant met the applicable criteria. 111. 150-day Issuance of a Final Local Decision The 150-day period for issuance of a final local decision is currently September 6, 2020. IV. Appeal The administrative approval was timely appealed by Central Oregon LandWatch ("LandWatch") and Annunziata Gould. Staff summarizes the issues on appeal below. LandWatch: Gould: 1) By applying for just the golf course and lakes, the Applicant is impermissibly fragmenting approval of facilities required in the first phase of the development. Specifically, required parking, paths, lighting and structures/facilities must be proposed and reviewed as part of this application. 2) The submitted plan does not show howvegetation in adjacent undeveloped areas will be protected and retained. This must be proposed and reviewed as part of this application. 3) The Administrative Decision incorrectly states that adequate water for the resort has been resolved. As explained in detail by Appellant Gould, that is clearly not the case. The Applicant does not have the water and the contract that supposedly shows that it is feasible for the Applicant to obtain the water is being withheld as "private." 1) Tax Lot 8000, one of the subject parcels, has never been owned by the LLC or Mr. DeLashmutt. The application is thus defective. 2) The golf course and lakes are subject to a showing of compliance with applicable site plan criteria. The source of the water for the lakes must be proved in this application. 3) The present site plan depends on the Tentative Plan approval, which is before the Oregon Supreme Court in September 2020. The county's premature decision on remand from LUBA in the Tentative Plan is currently on appeal to LUBA. At the applicant's request, LUBA has stayed proceedings in that case until the Supreme Court decides the matter before it. 4) The administrative approval incorporated parts of the application materials by reference. If staff intends to rely upon such incorporation of the application as part File Nos. 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A Page 2 of 4 of the decision, it does so to the prejudice of appellant's substantial rights. 5) The Final Order for the extension water rights has been sent by OWRD ("Oregon Water Resources Department") to Contested Case. The fate of the applicant's permit is in suspense. If the permit is not ultimately extended, then the applicant cannot legally take more water than it can prove it had already been using at the time the development period set under the permit expired, which is zero. 6) Final Master Plan (FMP) Condition 10 states: "10. Applicant shall provide, at the time of tentative plat/site plan review for each individual phase of the resort development, updated documentation for the state water right permit and an accounting of the full amount of mitigation, as required under the water right, for that individual phase." The facts have changed since prior decisions on this property and updated water right permit information and a full accounting of the mitigation are required in the present decision. 7) The posted notice of the application was not in fact adequate because it was posted in the location where it would be least visible to passing motorists. 8) The Applicant has not met his burden of proof with regard to 18.113.070a and K) regarding natural drainages and provision of water, respectively. 9) The Applicant has not met his burden of proof with regard to 18.124.060(F) regarding surface and subsurface water quality. 10) Parking lot (and bicycle parking) design are improperly deferred to a later decision with a condition of approval. 11) The addition of a nine -hole short course is substantial change to the approved plan and will require a new application. 12) The applicant has not secured required water rights from Big Falls Ranch by means of an enforceable contract. Any water rights and contractual rights to water the applicant may possess have been pledged as security more than once, for the fulfillment of the applicant's debt obligations. Hence, they are not freely available to the applicant for the purpose of fulfilling its obligations under the FMP. 13) The application adds a nine -hole short course to the previously approved golf courses. This is a substantial change to the open space provided, and will be an additional drain on the available water supply. 14) The golf course and lakes will require water for mitigation purposes. FMP Condition File Nos. 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A Page 3 of 38 requires a showing of its availability at this stage. The earlier decisions relied upon by the applicant cannot give rise to either issue or claim preclusion or estoppel here. This application must be judged on in its own merit. III. Hearing A public hearing in this matter is scheduled before the Board on June 17, 2020. The record was previously presented to the Board as part of the Staff memorandum for the April 6, 2020 consideration of whether the Board would hear this matter. New record materials since that memorandum are presented to the Board and listed below. DESCHUTES COUNTY PLANNING DIVISION Will Groves, Senior Planner Attachments: Reference Number 2020-06-02 - NOPH (Supplemental Mailing) 77 2020-05-27 BoCC Notice of Public Hearing 76 2020-04-13 Appeal 20-282-A 75 2020-04-10 Appeal 20-279-A 74 2020-04-06 BoCC Order 2020-016 73 File Nos. 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A Page 4 of 4 Mailing Date: Tuesday, June 2, 2020 r> i air -'4, E �.4 ��.. `t-.. �t G ` �`: 1t i. f...'c s ,jI K i'V NOTICE OF PUBLIC HEARING The Board of County Commissioners will hold a public hearing on June 17, at 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Service Center, 1300 NW Wall Street, Bend. Public attendance at meetings and hearings is permitted in addition to virtual methods such as telephone or video conference. Options for participating in the public hearing are detailed in the Public Hearing Participation section. FILE NUMBER: 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A OWNER/APPLICANT: Central Land and Cattle Company, LLC CO -APPLICANT: Kameron DeLashmutt ATTORNEY: Liz Fancher, Attorney SUBJECT: The Deschutes County Planning Division has approved a request for a Site Plan review for the Phase A golf course of the Thornburgh Destination Resort. The golf course includes lakes approved by the Conceptual Master Plan (CMP) and Final Master Plan (FMP) for the destination resort. The proposal does not include structures. According to the applicant, the golf clubhouse, welcome center, gatehouse, comfort station(s), and irrigation and pump house(s) will be proposed in a subsequent Site Plan Review request. LOCATION: The Thornburgh Destination Resort property is large and comprised of numerous tax lots. The tax lots that are subject to this application are located in the southern region of the destination resort and are denoted in bold with a (*) below: Map Number & Tax Lot Address 15-12-5000 11800 Eagle Crest Blvd. 15-12-5001 11810 Eagle Crest Blvd. 15-12-5002 11820 Eagle Crest Blvd. 15-12-7700* 67205 Cline Falls Rd.* 15-12-7701 67705 Cline Falls Rd. 15-12-7800* 67555 Cline Falls Rd.* 15-12-7801 67525 Cline Falls Rd. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd 15-12-7900* 67545 Cline Falls Rd.* 15-12-8000 67400 Barr Rd. STAFF CONTACT: Will Groves, Senior Planner William.groves@deschutes.org, (541) 388-6518 DOCUMENTS: Can be viewed and downloaded from: http://dial.deschutes.org and www.buildingpermits.oregon.gov APPLICABLE CRITERIA: The Planning Division reviewed this application for compliance against criteria contained in Chapters 18.16, 18.113, 18.116, and 18.124 in Title 18 of the Deschutes County Code (DCC), the Deschutes County Zoning Ordinance, as well as against the procedural requirements of Title 22 of the DCC. The review includes compliance against the Final Master Plan requirements specific to the Thornburgh Resort. PUBLIC HEARING PARTICIPATION Members of the public may listen, view, and/or participate in this hearing using Zoom. Using Zoom is free of charge. To login to the electronic meeting online using your computer, copy this link: https://us02web.zoom.us/j/88672813625?pwd=Wk9UY2ZZbUjgRW1 I RVR6dU4wMzluQT09 Password: 506221 Using this option may require you to download the Zoom app to your device. Members of the public can access the meeting via telephone, dial 1 (346) 248-7799. When prompted, enter the following: Webinar ID: 886 7281 3625 and Password: 506221. Written comments can also be submitted to the record at planning@deschutes.org by 9:00 a.m. on June 17. They will be entered into the record. Members of the public may attend the hearing in person subject to social distancing requirements. Up to 25 people (including staff) will be permitted in the hearing room if 6- foot distancing can be maintained. All documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost at the Deschutes County Community Development Department (CDD) at 117 NW Lafayette Avenue. Seven (7) days prior to the public hearing, a copy of the staff report will be available for inspection at no cost at CDD. Copies of all documents, evidence and the staff report can be purchased at CDD for (25) cents a page. ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ANY PARTY TO THE APPLICATION IS ENTITLED TO A 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A Page 2 of 4 CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE. Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call the ADA Coordinator at (541) 617-4747. SUBMITTED DOCUMENTS Any person may submit written comments on a proposed land use action. Documents may be submitted to our office in person, U.S. mail, or email. In Person U.S. Mail We accept all printed documents. Deschutes County Community Development Planning Division, [name of case planner] P.O. Box 6005 Bend, OR 97708-6005 Email Email submittals must comply with the following guidelines: Submission is 20 pages or less Documents can be printed in black and white only Documents can be printed on 8.5" x 11" paper Any email submittal which exceeds the guidelines provided above, must be submitted as a paper copy. Limitations Deschutes County does not take responsibility for retrieving information from a website link or a personal cloud storage service. It is the submitter's responsibility to provide the specific information they wish to enter into the record. We will print the email which includes the link(s), however, we will not retrieve any information on behalf of the submitter. Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff availability and workload, there is often a delay between the submittal of a document to the record, and when it is scanned and uploaded to Accela Citizen Access (ACA) and Deschutes County Property 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A Page 3 of 4 Information (DIAL). For this reason, the official record is the file that resides in the Community Development office. The electronic record in ACA and DIAL is not a substitute for the official record. To ensure your submission is entered into the correct land use record, please specify the land use file number(s). For the open record period after a public hearing, if any, electronic submittals are valid if received by the County's server by the deadline established for the land use action. IF YOU WISH TO BE NOTIFIED OF ANY DECISION RELATED TO THIS APPLICATION, YOU MUST PROVIDE A MAILING ADDRESS. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24. 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A Page 4 of 4 a a a n. !n Ln Vf to ci ri a�i a�l -0 00 00 00 00 00 00 00 00 'a Ol Ql Ol O1 U c-I a--1 t�i ci N N N N S 2 2 S CL O O O O 41 Z Z Z Z ­4 d' O O N N O cy) a) O of W rn O O rn Ncr O c O (o (o - W o o W u m a a m L O O U- c O U N N 00 m 00 .L 3 O a ' c Q> L L Q (0 X a� � X N N C l%f L 40 in U ?j w co to LA to m I- N O "O 00 O Ln N '6 a) N M 1- (0 c-1 e-I 1� lD 41 O C� L C !__ c O Y >_ i J Q J a 06 au -a a)l7 v v ,o 0 0 -, Y (4 NOTICE OF PUBLIC HEARING The Board of County Commissioners will hold a public hearing on June 17, at 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Service Center, 1300 NW Wall Street, Bend. Public attendance at meetings and hearings is permitted in addition to virtual methods such as telephone orvideo conference. Options for participating in the public hearing are detailed in the Public Hearing Participation section. FILE NUMBER: 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A OWNER/APPLICANT: Central Land and Cattle Company, LLC CO -APPLICANT: Kameron DeLashmutt ATTORNEY: Liz Fancher, Attorney SUBJECT: The Deschutes County Planning Division has approved a request for a Site Plan review for the Phase A golf course of the Thornburgh Destination Resort. The golf course includes lakes approved by the Conceptual Master Plan (CMP) and Final Master Plan (FMP) for the destination resort. The proposal does not include structures. According to the applicant, the golf clubhouse, welcome center, gatehouse, comfort station(s), and irrigation and pump house(s) will be proposed in a subsequent Site Plan Review request. LOCATION: The Thornburgh Destination Resort property is large and comprised of numerous tax lots. The tax lots that are subject to this application are located in the southern region of the destination resort and are denoted in bold with a (*) below: Map Number & Tax Lot Address 15-12-5000 11800 Eagle Crest Blvd. 15-12-5001 11810 Eagle Crest Blvd. 15-12-5002 11820 Eagle Crest Blvd. 15-12-7700* 67205 Cline Falls Rd.* 15-12-7701 67705 Cline Falls Rd. 15-12-7800* 67555 Cline Falls Rd.* 15-12-7801 67525 Cline Falls Rd. 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q� (541) 388-6575 @ cdd@deschutes.org ® www.deschutes.org/cd 15-12-7900* 67545 Cline Falls Rd.* 15-12-8000 67400 Barr Rd. STAFF CONTACT: Will Groves, Senior Planner William.groves@deschutes.org, (541) 388-6518 DOCUMENTS: Can be viewed and downloaded from: http://dial.deschutes.org and www.buildingpermits.oregon.gov APPLICABLE CRITERIA: The Planning Division reviewed this application for compliance against criteria contained in Chapters 18.16, 18.113, 18.116, and 18.124 in Title 18 of the Deschutes County Code (DCC), the Deschutes County Zoning Ordinance, as well as against the procedural requirements of Title 22 of the DCC. The review includes compliance against the Final Master Plan requirements specific to the Thornburgh Resort. PUBLIC HEARING PARTICIPATION Members of the public may listen, view, and/or participate in this hearing using Zoom. Using Zoom is free of charge. To login to the electronic meeting online using your computer, copy this link: https://us02web.zoom.us/j/88672813625?pwd=Wk9UY2ZZbUjgRW1 IRVR6dU4wMzluQT09 Password: 506221 Using this option may require you to download the Zoom app to your device. Members of the public can access the meeting via telephone, dial 1 (346) 248-7799. When prompted, enter the following: Webinar ID: 886 7281 3625 and Password: 506221. Written comments can also be submitted to the record at planning@deschutes.org by 9:00 a.m. on June 17. They will be entered into the record. Members of the public may attend the hearing in person subject to social distancing requirements. Up to 25 people (including staff) will be permitted in the hearing room if 6- foot distancing can be maintained. All documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost at the Deschutes County Community Development Department (CDD) at 117 NW Lafayette Avenue. Seven (7) days prior to the public hearing, a copy of the staff report will be available for inspection at no cost at CDD. Copies of all documents, evidence and the staff report can be purchased at CDD for (25) cents a page. ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ANY PARTY TO THE APPLICATION IS ENTITLED TO A 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A Page 2 of 4 CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE. Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call the ADA Coordinator at (541) 617-4747. SUBMITTED DOCUMENTS Any person may submit written comments on a proposed land use action. Documents may be submitted to our office in person, U.S. mail, or email. In Person U.S. Mail We accept all printed documents. Deschutes County Community Development Planning Division, [name of case planner] P.O. Box 6005 Bend, OR 97708-6005 Email Email submittals must comply with the following guidelines: Submission is 20 pages or less Documents can be printed in black and white only Documents can be printed on 8.5" x 11" paper Any email submittal which exceeds the guidelines provided above, must be submitted as a paper copy. Limitations Deschutes County does not take responsibility for retrieving information from a website link or a personal cloud storage service. It is the submitter's responsibility to provide the specific information they wish to enter into the record. We will print the email which includes the link(s), however, we will not retrieve any information on behalf of the submitter. Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff availability and workload, there is often a delay between the submittal of a document to the record, and when it is scanned and uploaded to Accela Citizen Access (ACA) and Deschutes County Property 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A Page 3 of 4 Information (DIAL). For this reason, the official record is the file that resides in the Community Development office. The electronic record in ACA and DIAL is not a substitute for the official record. To ensure your submission is entered into the correct land use record, please specify the land use file number(s). For the open record period after a public hearing, if any, electronic submittals are valid if received by the County's server by the deadline established for the land use action. IF YOU WISH TO BE NOTIFIED OF ANY DECISION RELATED TO THIS APPLICATION, YOU MUST PROVIDE A MAILING ADDRESS. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24. 247-19-000881-SP, 247-20-000279-A, and SP, 247-20-000282-A Page 4 of 4 a D_ n. 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If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating the reasons the Board should review the lower decision. 3. If the Board of County Commissioners is the Hearings Body and de novo review is desired, a request for de novo review by the Board, stating the reasons the Board should provide the de novo review as provided in Section 22.32.027 of Title 22. 4. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. It is the responsibility of the appellant to complete a Notice of Appeal as set forth in Chapter 22.32 of the County Code. The Notice of Appeal on the reverse side of this form must include the items listed above. Failure to complete all of the above may render an appeal invalid. Any additional comments should be included on the Notice of Appeal. Staff cannot advise a potential appellant as to whether the appellant is eligible to file an appeal (DCC Section 2-2.32.010) or whether an appeal is valid. Appellants should seek their own legal advice concerning those issues. Appellant's Name (print): Ce,1'4r* Phone: (S"L i)731,6 Mailing Address: 02ffy 3 I✓p �_at o Qr�vti City/State-/Zip: Lam` , Ott 9� 3 Land Use Application Being Appealed: o�`��'"� ��ff�� S�°� /hWrAb c4a".1, Property Description: Township ss Range o�OE fiction Tax Lot Appellant's Signature: EXCEPT AS PROVIDED IN SECTION 22.32.024, APPELLANT SHALL PROVIDE A COMPLETE TRANSCRIPT OF ANY HEARING APPEALED, FROM RECORDED MAGNETIC TAPES PROVIDED BY THE PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE RECORD). APPELLANT SHALL SUBMIT THE TRANSCRIPT TO THE PLANNING DIVISION NO LATER THAN THE CLOSE OF THE DAY FIVE (5) DAYS PRIOR TO THE DATE SET FOR THE DE NOVO HEARING OR, FOR ON -THE -RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS. (over) 117 NW Lafayette Avenue, Dend, Oregon 977()3 1 P.O. Brix 6001:i, Bend, OR 97708-6005 t, (54-1)388-6575 @a cdd@deschutes.org ® www.deschutes,orglcd Rev 5/18 NOTICE OF APPEAL ,lee.. -fk4- ezt� re'll-S Sskv<- v (This page may be photocopied if additional space is needed.) 117 NW Lafayette Avenue, Bend, Oiegor; 91703 1 P.O. Rox 6005, Fiend, OR 97708-6005 -Q, (541)3S,8-6575 @ -dd@,)deschu!:es,o,&, 0 www.colw.org Reasons for Appeal by Central Oregon LandWatch of Deschutes County Administrative Decision of April 1, 2020, on File No. 247-19-000881-SP Appellant Central Oregon LandWatch ("LandWatch") incorporates by reference the appeal issues presented by Appellant Nunzie Gould. Additionally, LandWatch specifically wants to emphasize: l . This application for a golf course and lakes is but the latest fragmentation of the first phase of the proposed resort. What was the designated first phase of the resort approved by the Conceptual Master Plan (CMP) and Final Master Plan (FMP) has been impermissibly divided into piecemeal applications, including first a proposed subdivision (called a "sub -phase" by the Applicant), then now a golf course and lakes, to be apparently followed by parking, paths, utilities, lighting and structures/facilities for the golf course and lakes, and even later on further sub -phases. This approach is contrary to the phasing approvals which were the foundation of the CMP and FMP. The Code provisions on providing the first phase of development are also undermined by the division of integral elements of the proposed resort that need to be integrated. The application for a golf course and lakes site plan without the required parking, paths, lighting and structures/facilities for the golf course and lakes is incomplete on its face, and a mere condition of approval deferral to allow addressing these other essential components at a later date is not legally sufficient. The site plan application has to be complete so all elements of the proposed use are considered together. There is no justification given by the Administrative Decision to allow not only a deferral of construction of the parking, etc., but also a deferral of doing a complete site plan of this use in the first place. Even if it were allowable to segment uses, what is being done here is segmenting elements of a use. That is contrary to the requirement that all the criteria for a use be addressed. 2. Protection of open space, and in particular the CMP/FMP and associated plans' requirement for the retention of native landscaping and vegetation to the greatest extent possible is also being segmented away. Just because the greens and fairways of the golf course will obviously not be protected as natural areas does not mean that the adjoining natural areas that may be impacted by the construction work can be ignored at this stage. The site plan does not show what areas will be protected or how. Additionally, native vegetation is to be retained for wildlife vegetation as mitigation for wildlife impacts. But the Administrative Decision here states that the Applicant will implement this 2 requirement once the golf course is constructed. To the contrary, the idea is to retain the vegetation in the first place, not somehow after construction. The Administrative Decision also incorrectly decides that protection of rock outcrops and brush for wildlife mitigation is not relevant for a site plan but instead applies to "construction plans," apparently a newly -invented process that does not need land use approval. Again to the contrary, the site plan must address rock outcrops and brush that would be affected by the development of the golf course and lakes. 3. Yet another aspect of this piecemeal planning is that it is not clear what the implications are for decisions on various applications. See, for example, the Applicant's argument that opponents are foreclosed from challenging the adequacy of road access to the lakes and golf course because we did not challenge such access when approval for roads was sought for the earlier subdivision sub -phase application. Such arguments reveal the basic need for complete development approvals, rather than piecemeal development. 4. The Administrative Decision incorrectly states that adequate water for the resort has been resolved. As explained in detail by Appellant Gould, that is clearly not the case. Additionally, the Administrative Decision at least twice cites with approval the Applicant's argument that Big Falls Ranch water will provide required mitigation water. As LandWatch has repeatedly pointed out, there is inadequate evidence of that where an alleged underlying contract between the proposed resort and Big Falls Ranch for this water is not in the Record and the Applicant refuses to provide it. The Applicant has the burden of proof in this case and the essential contract which allegedly provides adequate water for mitigation for the resort is lacking. The Applicant does not have the water and the contract that supposedly shows that it is feasible for the Applicant to obtain the water is being withheld as "private." Accordingly, the application should be denied. RECEIVED APPEAL APPLICATION FEE: $250 EVERY NOTICE OF APPEAL SHALL INCLUDE: 1. A statement describing the specific reasons for the appeal. 2. If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating the reasons the Board should review the lower decision. 3, If the Board of County Commissioners is the Hearings Body and de novo review is desired, a request for de novo review by the Board, stating the reasons the Board should provide the de novo review as provided in Section 22.32.027 of Title 22. 4. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. It is the responsibility of the appellant to complete a Notice of Appeal as set forth in Chapter 22.32 of the County Code. The Notice of Appeal on the reverse side of this form must include the items listed above. Failure to complete all of the above may render an appeal invalid. Any additional comments should be included on the Notice of Appeal. Staff cannot advise a potential appellant as to whether the appellant is eligible to file an appeal (DCC Section 22.32.010) or whether an appeal is valid. Appellants should seek their own legal advice concerning those issues. Appellant's Name (print): Annunziata Gould (Jeffrey L. Kleinman, Atty.) Phone: (541) 420-3325 Mailing Address:19845 J W Brown Rd. City/State/Zip: Bend, OR 97703 Email Address: nunzie@pacifier.com and KleinmanJL@ aol.com Land Use Application Being Appealed: 247-19-000881-SP Central Land and Cattle Company, LLC Property Description: To nship 15 Range 12 Sections_ Tax Lot 5000, soot, 5002, 7700, 7701,7800, 7801, 7990, 8 00 Appellant's Signature: EXCEPT AS PROVIDED IN SECTION SHALL PROVIDE A COMPLETE TRANSCRIPT OF ANY HEARING APPEALED, FROM RECORDED MAGNETIC TAPES PROVIDED BY THE PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE RECORD). APPELLANT SHALL SUBMIT THE TRANSCRIPT TO THE PLANNING DIVISION NO LATER THAN THE CLOSE OF THE DAY FIVE (5) DAYS PRIOR TO THE DATE SET FOR THE DENOVO HEARING OR, FOR ON -THE -RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS. 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005 t; (541) 388-6575 @0 cdd@deschutes .org ® www.deschutes.orgkd Rev 5/18 (over) NOTICE OF APPEAL PLEASE SEE EXHIBIT A, ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. (This page may be photocopied if additional space is needed.) i 1 7 NVV Lafayette AvenUP, Bend, Oregon 97703 f i'_G. Box, 6005, Bend, OR 97708-60WY Z� (1'341) 388 6575 @ cdd@de chutes-oig 0��nra�m.dc,cl�t.nes.org/cd RECEIVED APR 10 7pg EXHIBIT A —STATEMENT OF REASONS FOR APPEALf)Oschutes County CD[) OF ANNUNZIATA GOULD, APRIL 10, 2020 As a preliminary matter, appellant hereby requests a de novo hearing before the county's land use hearing officer. The matters set out in this Statement of Reasons which touch upon water and water rights are further addressed in the appended Supplemental Statement of Reasons prepared by appellant's water counsel. Statement of Reasons A Question of Ownership. The application identifies the Owner/Applicant as Central Land and Cattle Company, LLC, and the "Co -Applicant" as Kameron DeLashmutt. However, Tax Lot 8000, one of the subject parcels, has never been owned by the LLC or Mr. DeLashmutt. It is now titled in the trustee(s) of the Revocable Living Trust of Agnes Mac DeLashmutt. Ms. DeLashmutt died on November 7, 2019. Her successor trustee(s) have neither been identified on the application, nor have they signed it. The application is thus defective, and it was error for the county to approve it. Page 4. The final master plan does not approve the construction of the proposed golf course or authorize the development of the lakes specifically set out in the within application. The specific proposals for the golf course and lakes is subject to a showing of compliance with the requisite approval criteria herein. In addition, the proposed nine - hole short course is entirely new and has never been reviewed or approved. To the extent that the applicant may be contending for any purpose herein that the proposed lakes are distinguishable from its irrigation needs and that it need not prove up Page 1 - Statement of Reasons for Appeal (Gould) its water rights, the applicant is wrong and the county erred in so finding. A lake by definition is filled with water. The applicant has not proved up the availability of that water. Page 5. Oral argument of appellant's Petition for Review in the Oregon Supreme Court in Case SC S067074 was scheduled for May 4, 2020. On March 31, 2020, the Court issued a notice stating that its oral argument schedule was vacated and that oral argument would be "reset for a later date, no earlier than September of 2020," unless the parties agreed to submit the matter on the briefs. The parties have not so agreed. Thus, oral argument will be rescheduled to September, 2020 or later. Appellant would also note that the county's premature decision on remand from LUBA in the underlying case (County File Nos. 247-18-000386-TP, 247-18-000454-SP, and 247-18-000592-MA, and LUBA No. 2018-140) is currently on appeal to LUBA in Gould v. Deschutes County, LUBA No. 2019-136. At the applicant's request, LUBA has stayed procecdings in that case until the Supreme Court decides the matter before it. Appellant does not agree that the "golf course does not depend on the outcome of the pending matters." The county erred in so finding. Page 6. The decision incorporates the application materials on file by reference. To the extent that those materials are at odds with the matters raised here, they too are in error. Further, appellant objects to the incorporation by reference of hundreds of pages of application materials without any discussion of most of them in the decision. Appellant reserves the right to make such argument with respect to those materials as appellant Page 2 - Statement of Reasons for Appeal (Gould) deems fit in the pending appeal hearing. If staff intends to rely upon such incorporation (dumping) of the application as part of the decision, it does so to the prejudice of appellant's substantial rights. Appellant has the right to contest those materials at the public, evidentiary hearing of this appeal, and will do so. Page 8. (Comments from Oregon Deschutes Basin Watermaster-District 11) As is explained in more detail in. the Supplemental Statement of Reasons which follows, the applicant held a permit which could have been proved up or certificated, but was not. The applicant requested an extension of time for that purpose, but did not do so until after the period under the permit had expired. OWRD issued a Final Order extending the permit. The appellant challenged that decision, and OWRD withdrew its Final Order extending the permit. It issued a Final Order on Reconsideration and found that the appellant had raised significant disputes about whether the permit could be extended or not. OWRD then issued a Final Order sending the matter of the applicant's extension of Permit G-17036 to Contested Case. Both of the orders in question are in the county file. In any event, the permit has not in fact been extended. Until the contested case is heard and decided, it is unclear whether it will ever be extended. The fate of the applicant's permit is in suspense. If the permit is not ultimately extended, then the applicant cannot legally take more water than it can prove it had already been using at the time the development period set under the permit expired. The amount in question is -0- (none). The water master's statement that "[a]s of the comment period the applicant is in compliance on their water usage and mitigation plan," is at best solicited surplusage in light of the fact that there has been no usage whatsoever. Page 3 - Statement of Reasons for Appeal (Gould) Pages 14-16. The decision of the hearings officer in the prior appeal was based upon the record before him at the time. Similarly, LUBA held that the hearings officer did not err "based on the record before him." Gould v. Deschutes County, LUBA No. 2018-140 (Final Opinion and Order, 6/21/19, slip op 34). The facts have changed since the hearings officer issued his decision on October 30, 2018. As stated above, the decision is in error in accepting the applicant's response regarding the status of its water permit. OWRD has withdrawn its Final Order extending the pernlit, and issued a Final Order on Reconsideration. There is a pending contested case regarding the extension of the permit, and the outcome is not known. The application for approval of a site plan before the hearings officer in this appeal was filed on or about December 11, 2019. It is a fresh application and must be decided on the facts and evidence as they are adduced in this proceeding, on this record. It cannot be decided based upon the record and decision in an earlier proceeding on an earlier application —a proceeding which has not yet been fully concluded in any event. The determination upon which the county relies is not entitled to preclusive or estoppel effect in this case. The applicant is similarly wrong in suggesting that the challenges raised in this appeal give rise to an "impermissible collateral attack" upon earlier decisions. Indeed, Final Master Plan (FMP) Condition 10, discussed at pages 43-45 of the decision, states: "10. Applicant shall provide, at the time of tentative plat/site plan review for each individual phase of the resort development, updated documentation for the state water right permit and an accounting of the full amount of mitigation, as required under the water right, for that individual phase." Page 4 - Statement of Reasons for Appeal (Gould) The applicant has not met that burden here. Moreover, the county erred in agreeing with the applicant that the validity of the applicant's water permit is not the subject of further appeal in the prior proceeding. One of the two issues raised by appellant in the Court of Appeals is the following: "2. Did LUBA err in holding that no condition of approval as to the validity of intervenofs water permit from the Oregon Water Resources Department was necessary, when that permit had expired and its renewal was in the midst of a legal challenge?" Whether the Court of Appeals will ultimately review and decide that question will in turn be decided by the Supreme Court at some time following the oral argument to be held in or after September, 2020. As an additional item of error, appellant submits that in light of the dependence of this application upon the final outcome of the pending appeals before both the Supreme Court and LUBA, especially as to water, water rights, and related fish habitat mitigation issues, this application is itself premature and cannot be lawfully reviewed or approved. Page 16. The posted notice of the application was not in fact adequate because it was posted in the location where it would be least visible to passing motorists. Page 26. The existing CMP and FMP approvals cover a number of tax lots, and it is not clear that no natural drainages have been identified on any. Appellant further sets out error as follows: (1) The decision is in error in finding compliance with Section 18.113.070.J, in stating: Page 5 - Statement of Reasons for Appeal (Gould) "The applicant indicates that surface water drainage will be controlled, as demonstrated in the erosion control plan submitted as part of the Tentative Plan for Phase A-1(file nos. 247-18-000386-TP, 247-18-000454-SP, and 247-18-000592-MA) Furthermore, the golf course is designed such that it will contain water and prevent adverse impacts. Additionally, the lakes are proposed so that they will not create drainage issues. This criterion will be met." The applicant has not met its burden of proof with respect to this criterion. (2) For the reasons set out in detail above and in appellant's Supplemental Statement of Reasons, the decision is fundamentally flawed in finding compliance with Section 18.113.070.K, with respect to water quantity and impact upon the availability of water. (3) The applicant has not met its burden of proving compliance with Section 18.113.070.L, with respect to the requirement that its"wastewater disposal plan includes beneficial use to the maximum extent practicable." Page 33. The applicant has not met its burden of proving that the proposed design of the golf course and lakes will prevent adverse impacts on surface and subsurface water quality, as required by Section 18.124.060.F. In fact, due to the slope of the affected portion of the subject property, such impacts are likely. Page 40. Appellant agrees with staff that Section 18.116.030.D.9 requires a showing of adequate parking for the golf course use even absent a proposal for related structures. However, the decision improperly defers review of such parking to a. subsequent proceeding. This is error because approval of the design of the golf course and lakes under the criteria discussed here is inextricably linked to the size, layout and design of the required parking areas. This application cannot properly be decided without Page 6 - Statement of Reasons for Appeal (Gould) the simultaneous review of the applicant's parking proposal. As an aside, appellant notes that appellant has no idea how or why the applicant would submit this proposal in the first place without providing a design for the parking lot(s). The same error exists as to the applicant's failure to show the bicycle parking required under Section 18.116.031. Page 41. The addition of a nine -hole short course is indeed a "substantial change to the approved plan" and "will require a new application." The county erred in finding that the "applicant is not proposing substantial changes to the approved resort plan." The county refers here to matters set out at pages 4-10 of the applicant's burden of proof statement. These are addressed below. 10: Pages 4345. The decision is in error in finding compliance with FMP Condition "10. Applicant shall provide, at the time of tentative plat/site plan review for each individual phase of the resort development, updated documentation for the state water right permit and an accounting of the full amount of mitigation, as required under the water right, for that individual phase." Among other things, the applicant has not in fact secured water from Big Falls Ranch by means of an enforceable contract. Compliance with Condition 10 is further addressed by appellant's water counsel in the supplemental reasons for appeal, infra. Appellant also notes here for all purposes relating to this appeal that any water rights and contractual rights to water the applicant may possess have been pledged as security more than once, including again in December, 2019, for the fulfillment of the applicant's debt obligations. Hence, they are not freely available to the applicant for the Page 7 - Statement of Reasons for Appeal (Gould) purpose of fulfilling its obligations under the FMP and the county's approval standards herein. Page 47. The decision is in error in finding compliance with FMP Condition 14E: "E. Any substantial change to the open space approved under this section will require anew land use permit." Again, the application adds a nine -hole short course to the previously approved golf courses. This is a substantial change to the open space provided, and will be an additional drain on the available water supply. It will in turn require a new land use permit. 38: Pages 54-58. The decision is in error in finding compliance with FMP Condition "38. The applicant shall abide by the April 2008 Wildlife Mitigation Plan, the August 2008 Supplement, and agreements with the BLM and ODFW for management of off -site mitigation efforts. Consistent with the plan, the applicant shall submit an annual report to the county detailing mitigation activities that have occurred over the previous year. The mitigation measures include removal of existing wells on the subject property and coordination with ODFW to model stream temperatures in Whychus Creek." The applicant has not met its burden of proving compliance with the April 2008 Wildlife Mitigation Plan, the August 2008 Supplement, and agreements with the BLM and ODFW for management of off -site mitigation efforts. These include the adopted Fish and Wildlife Mitigation Plan (FWMP) which is not even referenced in the appealed decision. The FWMP is required to provide cold water to preserve anadromous fish runs in the Deschutes River system. The applicant's failure is most particularly a result of (1) the expiration of Water Permit G-17036 and the uncertain outcome of the contested case Page 8 - Statement of Reasons for Appeal (Gould) proceeding regarding its extension, and (2) the failure to prove up an enforceable contract to procure Big Falls Ranch water. The golf course and lakes will require water for mitigation purposes. FMP Condition 38 requires a showing of its availability at this stage. Contrary to the applicant's assertions in its burden of proof statement, including those at pages 4-10, it has failed to make that showing. As appellant has explained, and contrary to the applicant's insistent battle cry of "impermissible collateral attack," the earlier decisions relied upon by the applicant cannot give rise to either issue or claim preclusion or estoppel here. This application must be judged on in its own merit. Note: Appellant preserves any and all arguments for the evidentiary proceeding in this appeal. In addition, both the applicant and the county are and must be required to comply with all elements of the FWMP at all times. Conclusion For all these reasons and the reasons set out in the supplement which follows, the appealed decision was made in error. The applicant has not met the required burden of proof. The application herein is fatally flawed and must be denied. Page 9 - Statement of Reasons for Appeal (Gould) RECEIVED APR 1 c) 2p) Deschutes County ODD SUPPLEMENTAL STATEMENT OF REASONS FOR APPEAL OF ANNUNZIATA GOULD Decision pp. 8-9 - Finding that Water Requirement Has Been Met: The Finding is in error. There is not sufficient water available for there to be a sufficient water supply for Fire Safety During Construction, or to meet the minimum for Fire Hydrants. Thus, 2019 OFC 501.4, 2019 OFC B 105.1, and 2019 OFC 507.5.1 are all not met. That is because there in not a water right Permit currently in place that would allow pumping of sufficient water to meet the water requirements. Instead the current water Permit has expired, and no Extension of that permit currently exists. Decision pp. 14-16 - Staff Comment: Staff asserts that it "finds the applicant's response is sufficient for addressing [the] issue" raised in the Anuta email dated January 17, 2020. Staff s conclusion or finding is both legally and factually wrong. Kameron DeLashmutt asserts in his January 22, 2020 letter that Ms. Gould is arguing that his "water rights permit has expired because Ms. Gould has filed a protest of the extension." (emphasis added) That has never been the position taken by Ms. Gould. The water rights permit expired of its own accord, when the Resort failed to make beneficial use during the period allowed under the permit. With one exception, all of the documents that Mr. DeLashmutt points to are documents that pre -date the Water Resources Department's current Final Order. As Mr. Anuta noted in his email and as the Order shows, that Order withdrew the grant on an Extension, and sent the matter to a Contested Case proceeding for resolution of whether an Extension was or was not appropriate. That Order eliminated the previously granted Extension of the permit. That is the crucial fact that Mr. DeLashmutt has asked the County to ignore. For example, Mr. DeLashmutt points to statements by Hearings Officer Olsen in a 2018 decision, and to statements by Mr. DeLashmutt's lawyer, Janet Neuman. that pre- dated the Hearings Officer's decision. All of those statements, and the Hearings Officer's decision, occurred before the Water Resources Department withdrew the Final Order granting the Extension. Accordingly, none of those statements accurately represents the state of the law or the facts related to this permit. The same issue exists with the LUBA decision that Mr. DeLashmutt relies upon. That decision pre -dated the withdrawal of the Extension Page 1 - Supplemental Statement of Reasons for Appeal (Gould) approval Order by the Water Resources Department. That decision is no longer an accurate statement of the facts. As Mr. Anuta outlined in his January 17, 2020 email, the Extension approval does not remain valid pending resolution of the Appeal. The Water Resources Department withdrew the Order approving the extension. Instead, the matter has been sent to Contested Case. This was based on a finding by Water Resources in its revised Order, that Ms. Gould had raised significant issues about whether an Extension should or should not be granted. The one more recent item that Mr. DeLashmutt points to is an email from the Water Master. That email says the applicant has an "active permit." That is correct in the sense that the permit has not yet been terminated. There is a permit, and if an Extension is granted, then the Resort could take further efforts to actually use or pump some water. However, holding a permit that could potentially be used, if an Extension were someday granted, is not the same as holding a viable permit. At the moment, no Extension exists. So use of water under that permit at this time would most likely be deemed illegal unless that use was limited to the amount of water that was already put to beneficial use prior to the permit expiration date. Moreover, we now know, and the permit holder (Pinnacle) on whose behalf Mr. DeLashmutt claims to be acting has admitted that "Thornburgh's water system has not yet been developed and to date [the Resort] has not utilized any permitted water." Thornburgh Resort proposed Water Management and Conservation Plan (WMCP) p.7, §2.04 "Historic Water Use" (emphasis added). See also, Thornburgh draft WMCP p.11, §3.02 "Water Use Measurement and Reporting" ("Thornburgh's water system has not yet been developed, and no water use has been measured or reported to date.")(emphasis added) and Thornburgh draft WMCP p.13, §4.01 "Capacity and Previous Supply Deficiencies" ("No supply deficiencies have occurred since the water system is not yet developed.").' It is precisely because there is no evidence of beneficial use of water before the Permit expiration date that Ms. Gould correctly and timely Protested the Water Resources Department Order proposing to grant an Extension of the permit. This lack of use before the Permit expiration is something that the Resort has now admitted, in a filing with a state agency. It is precisely because there is no evidence of such a beneficial use that the 'The Thornburgh WMCP is dated October 22, 2020, and was submitted in draft form to the Water Resources Department on behalf of the Resort as a requirement of the permit. The draft WMCP was received by OWRD on February 26, 2020, and noticed for public comment on March 10, 2020. Page 2 - Supplemental Statement of Reasons for Appeal (Gould) Water Resources Department will likely ultimately deny an Extension of the permit once a Contested Case has been held. Legally, Mr. DeLashmutt can only pump whatever amount of water he can prove the Resort used prior to the expiration of the permit. As the Resort (through its utility, Pinnacle Utilities, LLQ have now admitted, that amount is zero, there is certainly not sufficient water available under this permit to operate the Resort or any part of it, including the subject golf course and lakes. Decision pp. 43-45 - Final Master Plan - Finding #10: The Finding is legally and factual mistaken. As outlined earlier, the applicant has provided inaccurate and misleading documentation on the status of the state water right Permit. As outlined, that Permit is currently in limbo. It has expired, and no Extension currently exists. Staff's reliance on decisions that were issued before the state Water Resources Department withdrew its grant of an Extension is both legally and factually in error. Decision p. 57 - Final Master Plan - Finding #38 - Compliance with OWRD Mitigation Requirements The finding is without adequate support. There is insufficient substantive evidence of the amount of any alleged mitigation payments for interim mitigation made by the applicant. Conditions of Approval pp. 59-60 The Appealed Decision is premised, in part, on the idea that there is a valid state water right Permit that would allow the Resort to draw sufficient water. As outlined, that premise is fundamentally mistaken. Given that the Decision is premised on that conclusion, there should at the very least have been a Condition of Approval added permitting no action to be taken on the project until or unless the state water right Permit was ultimately extended and proof thereof entered into the record. Such a condition would also need to state that the OWRD and mitigation conditions must be carried out throughout the life of this "destination resort" project. Page 3 - Supplemental Statement of Reasons for Appeal (Gould) REVIEWED LEGAL COLNS BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Calling -Up Review of Administrative Decision in File No. 247-19-000881-SP ORDER NO. 2020-016 WHEREAS, on April 1, 2020 staff issued an Administrative Determination on Application No. 247-19-000881-SP; and WHEREAS, Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners ("Board") to initiate review of any administrative action or a Hearings Body's decision within 12 days of the date of mailing of the final written decision of the Planning Director or lower Hearings Body; and WHEREAS, the Board has given due consideration as to whether to review these applications on appeal; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Should a timely appeal of Administrative Decision No. 247-19-000881-SP be filed, the Board of County Commissioners will serve as the hearings body for the appeal consistent with applicable provisions of DCC, including DCC 22.32.027(B)(4). Section 2. The appeal shall be heard de novo in order to afford the Board the utmost discretion with which to interpret the Deschutes County Code and any other land use criteria at issue. Section 3. Staff shall set a hearing date and cause notice to be given to all persons or parties entitled to notice pursuant to DCC 22.24.030 and DCC 22.32.030. DATED this LO day of , 2020. ATTEST: Recordihg Secretary ORDER NO.2020-016 BOARD OF COUNTY COMMISSIONERS PATTI ADAIR, Chair ANTHONY DeBONE, Vice Chair /�" ti , 1/�/v PHILIP G. H$NDEVSON, Commissioner 01 ES CpGZ Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 10, 2020 DATE: June 4, 2020 FROM: Laura Skundrick, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: Consideration for Approval: FY 2021 Video Lottery Allocations RECOMMENDATION & ACTION REQUESTED: Board review and consideration of approval of FY21 Video Lottery Fund allocations set on June 1, 2020, as well as review of responses received from service partners and past grantees regarding COVID-19 impacts. BACKGROUND AND POLICY IMPLICATIONS: Each year, the Board of Commissioners reviews anticipated revenue from the County's portion of video lottery proceeds for the upcoming fiscal year and develops an expenditure plan that has historically included funding for economic development activities, various projects, support for other organizations, and Board grant programs. Based on the current situation and future unknown impacts of COVID-19, staff predicts that state lottery funding will continue to decrease, while the demand for funding and support from those dollars will increase due to emergency response to community needs. The Board began allocating FY21 Video Lottery funds on April 22nd, then revisited allocations on June 1 st after the final quarter of lottery payment was received at a 50% reduction. The attached spreadsheet reflects any changes made on June 1st in yellow highlight, for Board review and consideration for approval. Additionally, the Board allocated $20,000 toward additional funding of discretionary grants, and materials attached show the response received per the Board's request from service partners and past grantees that have been affected by COVID-19 in either having to cancel a fundraiser or seeing an increase in service demand. The Board may choose to consider using these responses when determining those additional grants. ATTENDANCE: Laura Skundrick, Administrative Services RESOURCES PROGRAM FY 2920 FV:2020 FY 2021 BOARD.: I NOTES Fund Transfer Optional to allow for unexpected revenue variations. Q4 of FY20 payment will come from TRT reserve, per Board direction. On 5129 the BOCC determined EDCO's FY21 request of $264,000 will be paid with TRT reserves. On 611 the Board determined that Q4 of EDCO's FY20 payment will come from $ (186,000) TRT--_ with-a-Cop Program S MGM $ ;. (3,000). $ (3,000) :Transit: Rural Services (2,500) $ (2,500) $-. (2,500). Second __$ Culture $ (20,000) $ (20,000) $ (20,000) Reduction Grant $ (40,000) $ (40,000) $ (20,000) ime project fund: Mountain5tar RDM $ - $ (6,000) $ > - imeprojectfund: BendNEXT Childcare >N/A $ $ (10,000) ime oroiect fund: CO Center for the Arts N/A $ $ d (5,000). Onetime was increase Board discussed increasing FY21 amount if funds were Board discussed increasing FY21 amount if funds were I Oregon Veterans' Outreach (COVO) $ (20,000) $ I (20,000) $ (30,000) available. \ppointed Special Advocates (CASA) y Beg"mnin�s ----- $ $ (30,000) $ 0,000) $ `. (30,OOD) $ (20,OOD) $ (30,000). No increase requested. (20,000) No increase requested. No increase requested. During 472£fiscu0ion, '- Commissioners requested more information about 2-1-1 1 Oregon 2-1-1 $ (10,000) $ (10,000) $ -services, attached. Board requested presentation which has been schedule( Deschutes Watershed Council $ (20,000) $ i (20,000) $ : (20,000) June 29th. Discretionary Grants Fundraising Grants Quarter 5 funding (Community Grant Program IEmergency Food, Clothing and Shelter On April 22, 2020, the Board of Commissioners requested a solicitation to current service partners and previous grant recipients about fundraisers cancelled and/or increased service demand due to COVID-19.On June 1, the Board requested a condensed version of the 32 responses in the format shown below, for consideration of additional funding allocated from video lottery dollars of $20,000. This will be joined by the remaining funds in Discretionary Grant fundraising of $2,334, for a total available amount of $22,334. Organization Fundraiser(s) affected Increase to service demand Anticipating increase due to unemployment and Assistance League of $30,000-$40,000 reduced wages. Population served by ALB will be Bend estimated lost revenue hardest hit by COVID-19, the County's poorest children and adults. Bend Chamber of N/A Providing rapid and relevant information to Commerce / BenclNEXT businesses and employees. Bethlehem Inn (Service Loss unknown, moved to Anticipating dramatic increase for services as well Partner) virtual event. as decline in community donations. Boys & Girls Clubs of $40,000 est. lost revenue N/A Bend Brightside Animal Center $27,700 est. postponed N/A revenue Central Oregon Council N/A Dramatic increase to Meals on Wheels Program on Aging (Service Partner) and congregate meal services. Loss unknown, several Increase in requests for curriculum materials in CLEAR Alliance events cancelled. online format, working hard to create this content. Court Appointed Special Anticipate 25% increase once restrictions are lifted, Advocates (CASA) of $160000 est. lost revenue given that children are at higher risk for abuse over Central Oregon (Service , recent months due to family stressors and less Partner) contact with mandatory reporters. Large increase in service requests, likely due to DAWNS House $15,000420,000 est. lost other shelters not performing intakes due to revenue quarantine. Education Foundation for $45,000 est. postponed Anticipating increase in the fall for financial support Bend La Pine Schools revenue to populations we support. Increase due to advocates helping families access Family Access Network $20,000-$25,000 est. lost school lunches and groceries, providing support for (Service Partner) revenue those unemployed, and helping families navigate current support systems available. Family Kitchen $34,000 est. lost revenue Estimated 5% increase. Mission has expanded to support entire family units, delivering food, basic supplies, and Friends of the Children $25,000 est. lost revenue educational materials. 3.6x increase in population served. Habitat of La Pine N/A Launched emergency fund to help homeowners Sunriver requesting assistance to meet mortgage obligations Unknown status of Services for homeless youth, basic need items J Bar J (Service Partner) Classics Horseshow (food, clothing, diapers, cleaning supplies) and ($200,000 revenue) outreach services. Meal site and backpack program, producing meals delivered to Ridgeview High School, Tumalo, Jericho Road $18,000-$20,000 est. Crooked River and Terrebonne. Anticipate postponed revenue additional increase in demand as forgiveness programs run out. Anticipated increase for specialized child abuse KIDS Center (Service $300,000 est. lost revenue evaluation services similar to what was experienced Partner) during 2008 recession. Risk for child abuse is at unprecedented high. Loss unknown, cancelled Increase for food services and now delivering to La Pine Senior Center at least 7 events. homebound seniors. Latino Community Launched relief effort, raising $135,000 and Association (Service $52,000 est. lost revenue received 150 applications. Checks and grocery Partner) cards are being disbursed. Namaspa Foundation $1,000 est. lost revenue N/A Increased demand for homeless assistance, Neighborlmpact $55,000 est. lost revenue housing assistance, and rental and homeowner assistance. New outreach program providing pet food to those Pet Evacuation Team N/A in need. Reaching out to the community and chamber Redmond Chamber of N/A members, creating a comprehensive website with Commerce all available resources. Redmond Rod & Gun $7,500-$12,500 est. lost N/A Club revenue Saving Grace / Mary's Loss unknown, cancelled Anticipating a significant surge in demand once Place (Service Partner) event and lost donations. restrictions are lifted. Homeless meal capacity increase more than 2x. Shepherds House $55,000 est. lost or Overall, 18,000 meals have been served, an postponed revenue increase of 4x normal output. Sisters Outdoor Quilt $120,000 est. lost revenue N/A Show Expecting K-12 students needing more supplies or Sisters Science Club N/A scholarship support next year as public support for schools may be cut. Loss unknown, cancelled 46-50% increased need for food services, 99% The Giving Plate event. increase in Kids Korner. Three Sisters Historical Loss unknown, cancelled Society event. Upper Deschutes Loss unknown, cancelled More interest in creative ideas to deliver our Watershed Council event. curriculum to students remotely. 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N m °. o 0 m vim, orD 3 ° 'O H S O 3 O 3 O 0 0 0 O O O o' O O O v d O < O S cu 3 Elin c C:--nn < rD w ."C�1 0, .O+ o < O ^. rD m O O C O C O m NZ) 7 DJ 7 7 7 4A --� -0 (D m rt, n O N ,n < In — O. c O' O 3 rD rCe *G O m O m Ln a (� C < 0 A D_ N (D m n — O 3 O W O m rD CD fD a C:N VI D� -h -� p a D, C m o 0 3 a O 7 Past grantees and current service partners that replied they had both cancelled/postponed a fundraising event and have seen increased service demand due to COVID-19. (19 total) Organization Fundraiser(s) affected Increase to service demand Anticipating increase due to unemployment and Assistance League of $30,000-$40,000 reduced wages. Population served by ALB will be Bend estimated lost revenue hardest hit by COVID-19, the County's poorest children and adults. Bethlehem Inn (Service Loss unknown, moved to Anticipating dramatic increase for services as well Partner) virtual event. as decline in community donations. Loss unknown, several Increase in requests for curriculum materials in CLEAR Alliance events cancelled. online format, working hard to create this content. Court Appointed Special Anticipate 25% increase once restrictions are lifted, Advocates (CASA) of $160000 est. lost revenue , given that children are at higher risk for abuse over Central Oregon (Service recent months due to family stressors and less Partner) contact with mandatory reporters. $15,000420,000 est. lost Large increase in service requests, likely due to DAWNS House other shelters not performing intakes due to revenue quarantine. Education Foundation for $45,000 est. postponed Anticipating increase in the fall for financial support Bend La Pine Schools revenue to populations we support. Increase due to advocates helping families access Family Access Network $20,000-$25,000 est. lost school lunches and groceries, providing support for (Service Partner) revenue those unemployed, and helping families navigate current support systems available. Family Kitchen $34,000 est. lost revenue Estimated 5% increase. Mission has expanded to support entire family Friends of the Children $25,000 est. lost revenue units, delivering food, basic supplies, and educational materials. 3.6x increase in population served. Unknown status of Services for homeless youth, basic need items J Bar J (Service Partner) Classics Horseshow (food, clothing, diapers, cleaning supplies) and ($200,000 revenue) outreach services. Jericho Road KIDS Center (Service Partner) $18,000-$20,000 est. postponed revenue $300,000 est. lost revenue Meal site and backpack program, producing meals delivered to Ridgeview High School, Tumalo, Crooked River and Terrebonne. Anticipate additional increase in demand as forgiveness programs run out. Anticipated increase for specialized child abuse evaluation services similar to what was experienced during 2008 recession. Risk for child abuse is at unprecedented high. Loss unknown, cancelled Increase for food services and now delivering to La Pine Senior Center at least 7 events. homebound seniors. Latino Community Launched relief effort, raising $135,000 and Association (Service $52,000 est. lost revenue received 150 applications. Checks and grocery Partner) cards are being disbursed. Increased demand for homeless assistance, Neighborlmpact $55,000 est. lost revenue housing assistance, and rental and homeowner assistance. Saving Grace / Mary's Loss unknown, cancelled Anticipating a significant surge in demand once Place (Service Partner) event and lost donations. restrictions are lifted. $55,000 est. lost or Homeless meal capacity increase more than 2x. Shepherds House postponed revenue Overall, 18,000 meals have been served, an increase of 4x normal output. Loss unknown, cancelled 46-50% increased need for food services, 99% The Giving Plate event. increase in Kids Korner. Upper Deschutes ', Loss unknown, cancelled interest in creative ideas to deliver our Watershed Council event. .More curriculum to students remotely. (Service Partner) Past grantees that replied they had either cancelled/postponed a fundraising event or seen an increased in service demand due to COVID-19, or both. (Not including Service Partners) (23 total) Organization Fundraiser(s) affected Increase to service demand Anticipating increase due to unemployment and Assistance League of $30,000-$40,000 reduced wages. Population served by ALB will be Bend estimated lost revenue hardest hit by COVID-19, the County's poorest children and adults. Bend Chamber of Commerce / BencINEXT Boys & Girls Clubs of Bend Brightside Animal Center CLEAR Alliance DAWNS House N/A Providing rapid and relevant information to businesses and employees. $40,000 est. lost revenue N/A $27,700 est. postponed N/A revenue Loss unknown, several events cancelled. $15,000420,000 est. lost revenue Increase in requests for curriculum materials in online format, working hard to create this content. Large increase in service requests, likely due to other shelters not performing intakes due to quarantine. Education Foundation for $45,000 est. postponed Anticipating increase in the fall for financial support Bend La Pine Schools revenue to populations we support. Family Kitchen $34,000 est. lost revenue Estimated 5% increase. Mission has expanded to support entire family Friends of the Children $25,000 est. lost revenue units, delivering food, basic supplies, and educational materials. 3.6x increase in population served. Habitat of La Pine N/A Launched emergency fund to help homeowners Sunriver requesting assistance to meet mortgage obligations Meal site and backpack program, producing meals $18,000-$20,000 est. delivered to Ridgeview High School, Tumalo, Jericho Road postponed revenue Crooked River and Terrebonne. Anticipate additional increase in demand as forgiveness programs run out. Loss unknown, cancelled Increase for food services and now delivering to La Pine Senior Center at least 7 events. homebound seniors. Namaspa Foundation $1,000 est. lost revenue N/A Increased demand for homeless assistance, Neighborimpact $55,000 est. lost revenue housing assistance, and rental and homeowner assistance. New outreach program providing pet food to those Pet Evacuation Team N/A in need. Reaching out to the community and chamber Redmond Chamber of N/A members, creating a comprehensive website with Commerce all available resources. Redmond Rod & Gun $7,500-$12,500 est. lost N/A Club revenue Homeless meal capacity increase more than 2x. Shepherds House $55,000 est. lost or Overall, 18,000 meals have been served, an postponed revenue increase of 4x normal output. Sisters Outdoor Quilt $120,000 est. lost revenue N/A Show Expecting K-12 students needing more supplies or Sisters Science Club N/A scholarship support next year as public support for schools may be cut. Loss unknown, cancelled 46-50% increased need for food services, 99% The Giving Plate event. increase in Kids Korner. Three Sisters Historical Loss unknown, cancelled Society event. Waterston Desert Writing Loss unknown, postponed N/A Prize event. Past grantees that replied they both cancelled/postponed a fundraising event and seen increased service demand due to COVID-19. (11 total) Organization Fundraiser(s) affected Increase to service demand Anticipating increase due to unemployment and Assistance League of $30,000-$40,000 reduced wages. Population served by ALB will be Bend estimated lost revenue hardest hit by COVID-19, the County's poorest children and adults. CLEAR Alliance Loss unknown, several Increase in requests for curriculum materials in events cancelled. online format, working hard to create this content. $15000-$20,000 est. lost Large increase in service requests, likely due to , DAWNS House other shelters not performing intakes due to revenue quarantine. Education Foundation for ',' $45,000 est. postponed Anticipating increase in the fall for financial support Bend La Pine Schools revenue to populations we support. Family Kitchen $34,000 est. lost revenue Estimated 5% increase. Mission has expanded to support entire family units, delivering food, basic supplies, and Friends of the Children $25,000 est. lost revenue educational materials. 3.6x increase in population served. Meal site and backpack program, producing meals delivered to Ridgeview High School, Tumalo, Jericho Road $18,000-$20,000 est. Crooked River and Terrebonne. Anticipate postponed revenue additional increase in demand as forgiveness programs run out. Loss unknown, cancelled Increase for food services and now delivering to La Pine Senior Center at least 7 events. homebound seniors. Increased demand for homeless assistance, Neighborlmpact $55,000 est. lost revenue housing assistance, and rental and homeowner assistance. Homeless meal capacity increase more than 2x. Shepherds House $55,000 est. lost or Overall, 18,000 meals have been served, an postponed revenue increase of 4x normal output. Loss unknown, cancelled 46-50% increased need for food services, 99% The Giving Plate event. increase in Kids Korner. Three Sisters Historical Loss unknown, cancelled Society event. June 8, 2020 Dear Governor Brown, President Courtney, Speaker Kotek, Senators Findley, Knopp and Linthicum, Representatives Bonham, Breese -Iverson, Helt and Zika, Thank you for your continued leadership during these challenging times. Deschutes County is grateful for our partnership and for the collaborative work to distribute the local government share of the Coronavirus Relief Fund (CRF) authorized through the CARES Act. On June 5, 2020 a framework for distributing CARES Act relief funds (CRF) was recommended by our work group of legislators and local government representatives to Governor Brown, President Courtney, and Speaker Kotek. Members of this workgroup included Senator Jeff Golden, Senator Bill Hansell, Representative Rick Lewis, and Representative Karin Power, and representatives from the Association of Oregon Counties (AOC), League of Oregon Cities (LOC), and the Special Districts Association of Oregon (SDAO). Please support the recommendation of this workgroup regarding the framework for distributing CRF funds. This will ensure there is an equitable and direct allocation of the remaining CRF funds to Oregon's 34 counties, and that restrictions associated with CRF distribution to local governments match federal guidelines. We also ask for your support in extending the workgroup's charge to have further discussion about the full share (45 percent) of the state's $1.65 billion provided by the CARES Act as indicated in the new guidance issued by the Unites States Department of the Treasury on May 28, 2020, and the addition of two county commissioners, two mayors, and two special district representatives to the work group. Thank you for your continued partnership and support. Patti Adair, Chair Anthony DeBone, Vice -Chair Phil Henderson, Commissioner C: Senators Lynn Findley, Tim Knopp and Dennis Linthicum Representatives Daniel Bonham, Vikki Breese -Iverson, Cheri Helt and Jack Zika Attachments: 2020-06-05 CARES Workgroup Framework Final 1300 NW Wall Street Bend, Oregon 97703 ' 1 (541) 388-6572 board@deschutes.org @ www.deschutes.org