The URL can be used to link to this page

2020-240-Minutes for Meeting June 01,2020 Recorded 7/21/2020vT E 5 C0G a , ?� BOAR® OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 10:00 AM Recorded in Deschutes County CJ2020-240 Nancy Blankenship, County Clerk Commissioners' .journal 07/21 /2020 2:26:04 PM c`�*JS Pug IIII(III'I'�I�'IIII(II'II'II III 2020-240 .x mx, . BARNES & SAWYER ROOMS Virtual Meeting Platform Present were Commissioners Patti Adair, Anthony DeBone, and Phil Henderson - present in the meeting from 10.00 a.m. to 12:13 p.m. Also present were Tom Anderson, County Administrator; David Doyle, County Counsel; and Sharon Keith, BOCC Executive Assistant. In -room attendance was limited in compliance with the Governor's Virus orders. CALL TO ORDER: Chair Adair called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE Commissioner Adair made a statement regarding George Floyd (killed during an arrest in Minneapolis, Minnesota) and asked the community to honor his memory by protesting in peace. ACTION ITEMS: 1. Consideration of Nonprime Resource Lands Zechariah Heck, Community Development Department (via Zoom conference call) presented a summary and history of the non -prime resource lands and BOCC MEETING JUNE 1, 2020 PAGE 1 OF 6 asked the Board for consideration of reopening the public hearing. The Board expressed support. The department conducted open houses in 2019 at several locations in Deschutes County. The Public Hearing will be continued to a BOCC meeting in early July. 2. Preparation for 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, Community Development Department (via Zoom conference call) presented the summary of the proposed text amendments in preparation for the public hearing scheduled for June 10, 2020. Randy Scheid, Building Official (via Zoom conference call) reviewed the building code requirements. 3. Preparation for Public Hearing: Child Care Text Amendments Tanya Saltzman, Community Development Department (via Zoom conference call) presented the proposed text amendments in preparation for the public hearing that is scheduled for the June 3, 2020 BOCC meeting. COVID19 Phase II Opening: Commissioner Adair reported on work that will be done towards the Deschutes County Phase II Opening. Testing Capacity: Dr. Jeanne Young (via Zoom conference call) reported on her mobile unit work with COVID19 testing. Phase II Opening: County Administrator Tom Anderson and Communications Director Whitney Hale presented the phase II opening schedule. Ms. Hale reviewed a letter received from the Governor's office explaining the process for Deschutes BOCC MEETING JUNE 1, 2020 PAGE 2 OF 6 County to apply to enter phase II. Morgan Emerson, Health Services (via Zoom conference call) reviewed data of COVID19 cases. Ms. Hale presented a draft letter requesting to enter phase II of the state's reopening process on Friday, June 6. The Board recommended revisions. County Administrator Anderson and Ms. Hale presented options for roadside message signs reminding of public health guidelines for the community and travelers coming through Deschutes County and inquired on the locations for placement. Discussion held on the expense of testing. Dr. Young (via Zoom conference call) spoke on the public health emergency and the need for testing at a reasonable rate. Mr. Anderson spoke on a grant program for local businesses impacted by COVID19 to be administered by Central Oregon Intergovernmental Council. Deschutes County has agreed to provide some of the funding for the program. A review committee will be formed and will include a Commissioner. Commissioner Henderson expressed interest in participating. LUNCH RECESS: At the time of 12:13 p.m., the Board went into recess and reconvened the meeting at 1:00 p.m. Commissioner Henderson was not present. 4. Performance Measure Updates Communications Director Whitney Hale introduced the third quarter performance measures. 9-1-1 Operations: Chris Perry and Jonathon Spring (via Zoom conference call) reported on the department's performance measures. Community Development Department: Planning Manager Peter Gutowsky (via Zoom conference call) presented regarding zoning codes. Assistant Legal Counsel Adam Smith (via Zoom conference call) reported on amendments BOCC MEETING JUNE 1, 2020 PAGE 3 OF 6 relative to land use in consideration of religious uses. Director Nick Lelack reported on community needs for achieving compliance with septic systems. Finance Department: Chief Financial Officer Greg Munn (via Zoom conference call) reported on the development of data extraction and the new dog licensing program in the Finance department. Health Services Department: Deputy Director Janice Garceau (via Zoom conference call) reported on the department's performance measures services for behavioral health appointments. Information Technology Department: Director Joe Sadony (via Zoom conference call and later in person) reported on the cyber security program. Solid Waste Operations: Director Timm Schimke (via Zoom conference call) presented on the department's performance measures and general industry compaction standards. S. FY 2021 Video Lottery Fund Allocation Continued Discussion Communications Director Whitney Hale and Administrative Analyst Laura Skundrick presented the continued discussions. There has been a $42,000 shortfall from the state's funding. Ms. Hale reported on support to EDCO. The Board supported funding EDCO through the transient room tax reserves. Ms. Hale inquired if the Board wanted to proceed with additional funding through discretionary grants by adding an additional quarter prior to the end of the fiscal year. Updated and printed copies of the spreadsheet will be brought to the Board for consideration of approval. 6. Discussion of Facility Project Review Committee Deputy County Administrator Erik Kropp presented a review committee as a suggestion made by Commissioner Henderson. Since Commissioner Henderson is not present, this item will be rescheduled. BOCC MEETING JUNE 1, 2020 PAGE 4 OF 6 COMMISSIONER UPDATES: Commissioner Adair commented how positive it is that Deschutes County is doing so well under the Phase 1 reopening in meeting the required criteria. Commissioner DeBone reported on a tour of the stabilization center this morning. RECESS: At the time of 2:10 p.m. the board went into recess for Executive Sessions. EXECUTIVE SESSION: At the time of 2:10 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 2:16 p.m. to direct staff to proceed as discussed. Note: Commissioner Henderson was present via Zoom conference call at 2:34 p.m. At the time of 2:37 p.m., the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 3:14 p.m. to direct staff to proceed as discussed. At the time of 3:14 p.m., the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 3:55 p.m. to direct staff to proceed as discussed. RECONVENED: At the time of 3:57 p.m. the Board reconvened the meeting. BOCC MEETING JUNE 1, 2020 PAGE 5 OF 6 OTHER ITEMS: Communications Director Whitney Hale presented the revised letter to Governor Brown as consideration of the Phase II opening. Slight revisions were directed. DEBONE: Move approval as amended HENDERSON: Second VOTE: DEBONE: HENDERSON: ADAI R: Yes Yes Chair votes yes. Motion Carried Being no further items to come before the Board, the meeting was adjourned at 4:05 p.m. DATED this f Day o _ 2020 for the Deschutes County Board of Commissioners. ATTI ADAIR, CHAIR f '1► ATTEST, 6� E xii E �i t ._.eal C \u-2 BOCC MEETING JUNE 1, 2020 PAGE 6 OF 6 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, MONDAY, JUNE 1, 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. org/meetingss. 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. 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: citizen inputPdeschutes.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 Meetinjz 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 Monday, June 1, 2020 Page 1 of 3 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 ACTION ITEMS 1. 10:00 AM Consideration of Nonprime Resource Lands - Zechariah Heck, Associate Planner 2. 10:30 AM Preparation for 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 3. 10:45 AM Preparation for Public Hearing: Child Care Text Amendments - Tanya Saltzman, Associate Planner COVI D-19 1. 11:00 AM 2. 11:45 AM LUNCH RECESS 4. 1:00 PM 5. 1:45 PM 6. 2:15 PM Din143YIII ;IkTJ Phase II Opening Testing Capacity Performance Measure Updates - Whitney Hale, Communications Director FY 2021 Video Lottery Fund Allocation Continued - Laura Skundrick, Administrative Analyst Discussion of Facility Project Review Committee - Erik Kropp, Deputy County Administrator Board of Commissioners BOCC Meeting Agenda Monday, June 1, 2020 Page 2 of 3 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. 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) (e) Real Property Negotiations 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 Monday, June 1, 2020 Page 3 of 3 �c ES CpGZ 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 Monday Meeting of June 1, 2020 DATE: May 27, 2020 FROM: Zechariah Heck, Community Development, 541-385-1704 TITLE OF AGENDA ITEM: Consideration of Nonprime Resource Lands BACKGROUND AND POLICY IMPLICATIONS: Staff is asking the Board of County Commissioners to reopen the public hearing to take testimony on the Nonprime Resource Lands amendment, a legislative proposal to establish eligibility criteria in the Comprehensive Plan for six rural residential areas currently designated Exclusive Farm Use (EFU) or Forest Use to Nonprime Resource (NPR) Lands. FISCAL IMPLICATIONS: N/A ATTENDANCE: Zechariah Heck, Associate Planner; Peter Gutowsky, Planning Manager; Nick Lelack, CDD Director. MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Zechariah Heck, Associate Planner DATE: May 27, 2020 SUBJECT: Nonprime Resource Lands Amendment / Reopening Public Hearing Staff is asking the Board of County Commissioners (Board) to reopen the public hearing to take testimony on the Nonprime Resource Lands amendment, a legislative proposal to establish eligibility criteria in the Comprehensive Plan for six rural residential areas currently designated Exclusive Farm Use (EFU) or Forest Use to Nonprime Resource (NPR) Lands.' Upon adoption and acknowledgement, the intention is for Deschutes County to adopt a Nonprime Resource Lands-10 zone that applies solely to six rural residential areas.Z A matrix at the conclusion of this memo lists the proposed goals and policies. BACKGROUND NPR Lands are areas with an exceedingly low capacity to be managed for commercial agriculture and forestry activities. They do not meet the definitions of either agricultural lands or forest lands found in state law due to the presence of poor soil conditions, a lack of irrigation, climate conditions and other relevant factors, including but not limited to past land use. Based on these circumstances, NPR Lands do not warrant an agricultural or forest land designation and should be made available for other uses since they differ from Rural Residential Exception Areas and other rural areas not planned and zoned for farm and forest activities. 11. LEGISLATIVE PROCESS In March 2019, the Deschutes County initiated a legislative amendment to its Comprehensive Plan to establish criteria for re -designating Exclusive Farm Use or Forest Use zoned properties to NPR Lands. The Planning Commission began the legislative process by holding open houses throughout the county in April 2019. Two public hearings and several deliberations followed the open houses. On July 9, 2019 the Planning Commission recommended by a 5-1 vote to support the Comprehensive Plan amendments to Nonprime Resource Lands are defined in Oregon Administrative Rules (OAR) 660-004-0005(3) as "Non Resource Lands." The six legacy residentially areas are: Haner Park, Section 36 (Township 22, Range 10), Skyline Subdivision and 1 st Addition, Squaw Creek Canyon Recreational Estates 1 st Addition and Meadow Crest Acres Subdivision. 2 Originally, the legislative amendment contained Comprehensive Plan policies addressing two circumstances: • Identifying opportunities to re -designate six residential areas that were platted or conveyed prior to State enabling planning legislation taking effect in Deschutes County; and • Establishing eligibility criteria to re -designate EFU or Forest Use zoned properties to NPR Lands. 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 establish criteria that would enable Deschutes County to establish a NPR-10 zone and in a subsequent legislative process, an application to rezone six rural residential areas to NPR-10. In August 2019, the Board tabled the amendments in order to request the Land Conservation and Development Commission (LCDC) to initiate rulemaking at the state level pertaining to Non -Resource Lands. LCDC chose not to prioritize rulemaking during the 2019-2021 biennium. Subsequently, the Board gave staff direction to bifurcate the two components of the NPR Lands proposal and pursue the amendments that focus exclusively on the six aforementioned rural residential areas. The Board conducted their first hearing on November 18, 2019 to receive public testimony and consider the Planning Commission's recommendation to approve the proposed amendments. The hearing was continued to January 15, 2020. The record was open until January 22 for written testimony. Staff received commentsjust before the close of the public hearing that warranted a response. Thus, the Board decided to reopen the oral and written record and set a date for a continued public hearing to April 1. At the Board's direction, notice was published in The Bulletin and mailed to those that participated in the hearing process and to property owners in the six rural residential areas. However, the April 1 public hearing was canceled due to the COVID-19 pandemic and the process remains on hold. 111. NEXT STEPS Staff suggests reopening the public hearing in July or August 2020. Upon receiving direction from the Board, notice will be published in The Bulletin and mailed to those with standing and to property owners in the six rural residential areas. Page 2 of 5 4a W E E O u L> u 8-m L 4..I a 0 a1 .� aJ 0 3 c .N O p E C Q0 a) c Z p fp v a°o E E c 2 o i E Q cL o c -1 Vf E ��+ aJ -0 W v c ,� U J In LN+ G7 E E O u - � dJ E E°° O u L c p aiC a) VI N � to CO a) u t/1 O u L E v v _0 � a, M _C t6 t M L �, Ln i 3 ai w -0 .1T1 c >, p 0 a N a C 3° O O m u N -a N C m L- 4 vi O aJ � L �% �d a) ao o L c c d� in O u O C N a) o v E° 'J N u C 72 > v 'C w E o p N is CL c X L E ai —� N 4O N m m ��+ 4! E E U u 0 l.L O ° W w 0 f0 L 0 '� L1 Q C >+ v O O w O Ln O � o O v ro �, IA C O Y �n � 3 v a, N p a L c �+' LO LL L c a ,a ° a1 o v �; c O. _-+ Z) °N c ai c 04-1 i T J > N m r-J N O u Ln '- N Z O C O Ln 0 C N 0 C -2 ai in p LA aj C m m a � �v E -O v o w N lJ ai bo1m > c c Q m N O ° c tA 0 0 o c L _0 0 u O u w L t Z b°A p �, to a) u 4 .c C O CU �- (U C m L C C � 0 O L vi 9 Q O �, O N ,.., o ,� E w o c a; �O U a1 0 0 O 4- tp aJ O E Q m to O d m O N ° v . c0°� coLn w s `c v C> E '� a) o w Em 00 4- wIA � U s b°LQ W m •a W4-1 Ln -0 Ed O ° 6 p E o x vO OO 4" 4c,E iW-0 v bD In H > C Q C O C L O m L Z ai C m Q V p C N a+ J U. M C 0 r6 N vi �C+ O dr O v L. bA N aj � AN 'C C -0 `- m W M M � C u O E L. N L 3 r L w 0 u N i 0 o M (n > C ' O. NC O �J -r C to u C m o L a) O + ai '' -0 Z #A wfV C O a v 0 Q y p� ra L N O Ln O a1 C C N aj fl N H to _ O � aJ N u - E ° ° L tA vai O L O' ° u GJ V' a J •- aj � Q tn mO ti -Co °co v v '^ E a) c u o 76 c -' E bo 4-1 E v � E co MA � �+- a, c o O c u 0 E v c c 0 > c a' Z, X u L u •i L m Q° ,n ZZ E 0 "d O V ' W m Ln 4-0 L aJ Q � Ul 0 mC Q o�vt p QZ �� Hw bbo O aw m •� J m CV (Yi O � aiai v a d d d Q E a a io c 0 0 l7 Z tn 4- 0 M bra to a in N a N C aJ r6 2 C C O r6 �ai c 0 z 0 c c u c E o y r6 E .� O _ L O_ L o N a) r6 N ((A r6 t+6 4 Ln 0L) C O O tOn v a) Q m L u m m y.( Y C C 2 4-1 C � N a) (n 4 0 4-1Ln C c a) 4- O N 1 3 c o w o c �; E a) •� m� a) 0 0 0 4.1 d E L 4•1 �i Lai `~ aJ a) � vaj b0 r6 O O O Oin Q r o ' 76 O " d d N C J Z Z C V Ln aJ O N L1 �- a) N c o o f r6 O U o a) a) ,�.1 N 4_- L a) U C- 3 a) CO O In Z r6 vi C C 4- c v 7 4.1 O C 7 V) LU r6 L =_ ao a) N O ,.1 � U u [6 X o aTi > m (6 ai rL6 bA r6 'Ln C C a) � O N .N C_ L) ui cu o a`) � Vt > cu Cu V, -a L Ln o O C. � LJ 0-a) VI E s L 4-1C J y Gl •�j L a, O .c Q � 0te Q C r6 O U 4-- 7 LO O_ aJ zO a) C ut t6 'U j C O L i, 'a O o 4-1 0- +O' +° > > v 3 Q ai 0- 0 i-, L h C Q-0 Q Q) �_+ L LU C o C lu c E a) C o O O o a)Ln Q C O r6 .Q a) a) O. c o `�° 4.1 L a) -6 N Z c v Q � ate' o O Q a) L) 0 °- 0 c O a) 10 vi v 41 Q. C p > �bA ut Q tNo > Q O C r6 v O_ L .N r6 (n m U 7 0 O= .VI ut a) �,., E O r6 r6 � O C C-> Ln i +- 4-•+ r6 O C L r-•� O- O aJ %A '> C L > r6 L Ll O N -O C ~ C- ® o 0 0 Q)° 3 0 v_ H a) � L l.1 o V1 L•i C: r 'N L bA r6 M LJ C O ar C bA O 7 N-0> N M > o E 1 r6 C `� .0 Ut p L + M M �, r6 C C) N� -0 Q V1 >> u L C L> C U n a O G7 C •C. N N� E to u In 0 N O 3 O E O a) •� > VI > E i O •u to E C L C r6 (n O_ d N o a) N p v a) v CL u a a °' E u Q- L' C c >, c v ,n bo -C-0 un o_ u ,�, f° 4A °- 0 E o Cp o u o _o c Q-+ s- c a) aJ LJ a) r6 'a r6 J bQ C U aJ V1 ut >> a) v- Q '_' Q O a) Ut C_ O i- a) - O C +� a) i O j —_ O Vl Y r6 O p ~ 4.1 C O L E E N i Y O a) aJ O.. c a) C a1 C Q; p = u L. 7 v C to V L L) �O a) U o r6 rL6 +° L^ � a) v v + ro a v E b0 �' CJ 3 u c c 3 a) b0 v o c Q v > aj c >, � v o o c� 4-1 J Q .� E a0 d O V M —_ E E O -0 .L _ s a) >, >, 7 c +J 1 1 O tom) a) i a) r6 ¢ a) n .c O t6 6 .i bA O_ a r6 O a) L N = f6 r6 c a) O_ C N Ln to 2 to O E a) r6 i L N a-C 1O Ca) EN aJ p a) (n O a) ObA O C vi Z O a) L N LA aj O aJ aJ L aJ c O ut O N r0 N r6 .Q U L.O c Q L C L Q Q H-0 r6 u a1 H J W V1 O— O U J N d yr a) M In � L L m > s O ry i m m m rn In � Ln a) u v u u v a) E O CL O a O O a O N Q R C O O Z Ln 0 0 v b. bo d = / � � Z t _ o _ 2 \ \ / J \ 2 = � n 0 ° 0 u § 2 E % / Ln / j \ \ \ q % Q 4-10 \ R E.Ln / 0-E \ 2 E § ƒ / / \ / % u / U \ � -c Ln / \ / 2 k / ) 2 \ : e » a) Ln\ S a)o m /)Ln / /\k�Ln2 w /\U / < uc c£ \ t y 0_ o EG/§ D- Ln e t g » & £ 2 > a % a { -C ® 2 \ / E m c \ S o / / o=® ®- o / c / / 2 �- \ % 2 « G / f \ E \ / / \ \ 2 % K \ ° m o 2 $ k[ / /� ° o / c§ /% \%* Eo�»}>° = » oo m� c e® gLn =o Q >o§ / ± � ® / \ u/2 0 \ \ 2 k k §\//// /\/ z 7) s § / e 2 c 2�®-C e /- % m =} � E\ y /\kSm E \ /e 0 @ \ \ & & / / v1 E S C 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 Monday Meeting of June 1, 2020 DATE: May 21, 2020 FROM: Kyle Collins, Community Development, 541-383-4427 TITLE OF AGENDA ITEM: Preparation for 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 work session on June 1 st, 2020 in preparation for 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 and minor technical corrections to the Deschutes County Code (DCC). C'� .® C iVi i��A UN I"I Y L) L, V R; L r h l E N STAFF MEMORANDUM TO: Board of County Commissioners FROM: Kyle Collins, Associate Planner DATE: June 1st, 2020 RE: Work Session for Deschutes County Code Text Amendments: Titles 1, 15, and 18 PURPOSE The Deschutes County Board of Commissioners will conduct a work session on June 1st, 2020 in preparation for 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 and minor technical corrections to the Deschutes County Code (DCC). BACKGROUND Local building codes are intended to be adopted as legally enforceable documents and they cannot be effective without adequate provisions for their administration and enforcement. 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. Additionally, 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 which directly affect the administrative authority and duties of the Deschutes County Building Safety Division. To address the circumstances outlined above, a number of local code amendments are currently proposed along with several minor technical corrections. To elaborate, 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 numerous changes that were included in the Code's previous scoping provisions. 117 NW Lafayette Avenue, Bend, Oregon 97703 ( P.O. Box 6005, Bend, OR 97708-6005 Q� (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd These 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 by the State BCD 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. In addition to the changes described above from the State BCD, within the parameters allowed by the State, a number of local code amendments are proposed which address recent changes to the Oregon State Fire Code, as well as provide minor technical corrections to the Deschutes County Code. PROPOSAL The proposed text amendments fall into the following general categories: 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 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 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, 247-20-000145-TA Page 2 of 4 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 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 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 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 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 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 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 247-20-000145-TA Page 3 of 4 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. NEXT STEPS The Board will hold a public meeting onjune 10th, 2020 to consider the proposed amendments. Any requested information or a refined decision matrix can also be provided during the forthcoming public hearing. Attachments: - 247-20-000145-TA Application Materials - Proposed Amendments to Deschutes County Code- Title 1, Title 15, and Title 18 247-20-000145-TA Page 4 of 4 V y_ L fp O ram-+ `J L O c O V `_� f0 C L 0-p L C O .0 +-' a1 L c a) -Q V- "p C °" L c V) 'C O a1 m 4-1 CD �ov c c v" V, a1 V,p oLQ c — OL Os o 4-1 u oo0d) o`U a) ra a) ° ca) a c a tn w mva v p C O 4-1 v 7 N O O E E C -p bO C '� N p E L t p U N 7 m A— V1 LJ o O_ a) i j a) c '� N O O V a) v i O a) '�+ v O j -0 f6 N a) C L, a) a) a) C a) — 42 2 L Vi N C N .Q Cp ° cr N 0 O E Q- o C L c N a) ov >i p U L v- aJ a1 L L a1 u 7 'c to v t0 m f- -Caj aJ .tA v p V) O O a) 4- p O1 a1 �_ b0 u a1 V1 a) LOJ u a+ p° d CO V a.+ N- O Vf 4-1 O O O aJ '' y p U N 0 N ~ +' V LLn a) 1 C v ° 4-1 N � N 0 C bO O C � Wi t-+ G 4- > O .0 O N �' u L � N � O- O — v a) p VI O bO CL C � O E O O C C E O Q� L O Vf m u c 0, a) a1 Q G u tp �0 �O p V r6 a) � p a) L O .0 C Q C N O N C O CL V c A VI 3 N P O v L a M o c O � a1 L ' C Q L E 'in E L (p ,� c L O w O O C a1 L 4-1 a) O C i- m Ln ip O 0�� C O C�� p t6 N v® O O N vi O N �O u L u ai u u u a1 ' ai ° �J U to D O .@ Q O Ln C O �Oo C N In' O C O N O p u p C v Li i bO a1 bO v L c L Ln `- C O u C L Q C p C t�i Ln O ut O '� ci V) O N O o u o 3 v rL c v, o v '� v v c c CC atn C�C �i ° y'u� L 4- y `n � bO L bA L.i L f0 l.1 VI p G CL C O o bc4 bc.0 _0 c> o a c U L- c w° o �' u� CL O_ v v F+ Q a1 -C a p C �1 Vf t uN p W C O O L s D 0) Q +_- a) -o H� H bLA a1 to C O C C O '=' Ln > C E.' V r ': '� a) O > O 'i.'' ' tp a O �+ a1 a1 L :3 •C y0,, a) L 0 t u L a1 E 3 a) L c- � C i 4 p 0 .0 p V L V v o � u a) bA v v s> v o Q a) i) m +-+ Q U O O �6 C O O to > +� + + ut ininCL`'- Uj N O tl1 G a) in v -a -a O v u° bo c � m m (IJ a1 K d H A N tj 0 m C N O pA iF OQ v 4_ L L O u U >1 T C C t)LO b0 0 0 431 c aJ C O O z z Re 4- 0 a) as d a o c u L cu O> O N E O ' C vN to 'U v a) a a U= C a ao L i EFE L .E v In O ou c U 0 4cu o 1 4-1 E �•�' � E� L LL � a yW W C N LZ a i C O to E -O C s L (A a) E O a r •+ C C O >� i y u a s t6 NO t=n u �O 4-1-0 4- o Vi a$ O a L = -0 4� O bo a IL.+ C L Q a) Z 41 4-1 O a a R C O L r, a N a O i- L E an v o w Ln d u a o -o ° o y d s° Q axi aj uo bLoc a � >, 0 1- u° a a F- a 0 O v a) -~a S c o m o O 'a c a) o c -a 4, VI O V1 > d V! 41 bQ � O a O c a ui 4- L E a a.+ IA 4- L+ U ac° � YI a a�L, o �' $, _ '3 > a � E E f0 o a, = a 0 L m Lv, o v 4 v a 3 0 c Y o w �' a 4.1 o U° O o >, 0 a M O M a �_ c b4 a C o 0 O o ro O $ fl m E G to �, C=4-1 C L u a to c '- , .A r6 a � 'vf C c a L O C C o' a o u a a 4 u O c L-C W o a 1 c � bA tail �. rp ,� = O p L L - 4_+ � .0 c o a M a O O L b.0 41 c _C �., � u a L V, a a a OQ N �Q Q ._ L a 3 �.+ 3 -a a :o O- i o O tin . +1 � L a to L O a C c u N a °'_Q �� '° a `_ y o u o � N �LL ate' v�.v o 4-1 L >� ° ° 4' v � fp E �-' C C E L � aj L n a c a h0 @ o? 4+ � 0► u � `� � c E m a) °� a o o O Q D ti U m� vl �- Q O a _ 4- Q o o w C t_n C a a a L a m O J U C m tyn a c O i W LL m c U a O a c O to E a Q 't) > c LA E c6 a0 c 4.1 O= O O Ili N +L• �' a O u Q Q-D O Q O fl C m Q m U 0-0- LLi ti l7 a S u O C Q a u e1 O c Q Ill N � u 07 0 0 � � o o J u u u E a m m a a 0) ^ 9 m 0) axI V) c F f0 O` U b. O v T- O m c c b .c -L O O a a c c O O z z a) a1 +�.+ a) T CO C Vi u 4u-- U p LA _C v 4� C � � Q � a) Q �' C bA :3 Cl) v i T� m Z7 41 C L L a) C V1 lJ W u CL (6 : u C to O :�. m c � °" ° jF a 0) — u '� a) 0 a) +� oO m o $c -0_ L L "O 'O -0 ° C N oi v., o U a) � a) + u T 4= u CCO O T M Q v L .1 C u C Q r LL_ ° u� 0 V ?- O O L O Ou O 41 m N w Q_ C O "O L u O a) ° � (a u 00 41 Q C O a) u 41 — � E o ai N u O av NQ p=a) HaIn ri- 4- 4-1M M am lr- C O' a) m OC� O 0 _'u M� FA ) 0Ov N(A O6 a a0 / fl yO 0�° o l/ � c.o ; 4- oM M LA O 1- 4- a Ul o a) c� aA -E o 'Nw a, 4-LA� i4- N NOU(uN m N rP O N Ln 4- u° O 7 N OL L° _0 ° -O 0 cuu L N a) C a) v iF, N C>0 m� C v, E a) a) Q L — o a) L i Q '= 4-1 C V o c 'W O R u ttn u o m E = E C w� C. v ° a) � o�� m L t O L 3 -0- L a) Q a) O a) ra O 'a L u ° Q_ -C O C O rp v, u +' bC0 bCO _ C C Q + +- C L cn 0 �6 +� i C 4-1 O t0 CL i� Ln a) v N LA aja) �6 E 'a L — C U o Q_ w u L u v .� CO — c v c u 0 a) yJ a) C L W E N Q w, a) 4- a) ij L v = �' O C % 1 "Q cu L of ° o N O C a) 4- L S T .� C a) O 4- O� Z O �a QJ L O tp Q 4- Z L O O Z Q O Il I- Q a1 C a+ {/) u 75 r y � O Vu7 co � 6 f a) ii a) a) a1 � L. 0 N V- ao ° c >, � M O E ra u L C , LA Q 4-' l J E m F+ O _u + L ' a)� u O O �6 a) E Q p Q V H d b0 c L Ln 0 0 N s , Z, C -0 u Y°- C ° 0 0 O Q O C 4) m E c° o c _ c `a 3 a4• �_ `" _ aa'o ai v, v, a o v u bq � do v c Vo a, a ;° c b0 °) T i ac, V, c u M �, VI a) 0 C C C m _0 0 LA 0 O 0 aJ aA r O � — v_, � LA m4-1 U T O a, Y°° t cu o C o n E c -C Q au 4-1 U 3° o E m b0 L E v W� 4 o L c O= O E L C v-0 C C O `- L u a) L -C a) C s- N ,+ + T U a o O C ,� O° u 1 O N 6 N Ou t6 N 6 Z C u C E2 C a) a) 'L N p tp 0 o a E c rn y c O O v, N a) O c v E a ra c m a) V, v u c 4- c E a, a) a) CU 4-1 o Z v 0 0� � o fL- v at. Z u / 0 / / \ ° E 2 / 5 c \ Ul u LA 0 -0 / bLo / / » \ § 2 g 3 E � E CZ �= Nu/ u ® ��k % a 5 / \ 0 / f U « M / § \ E a 8 ¢ C / g 0 £=f e .m / $ \roI— m o « 2 } § / / § / ± 3 a ± 2 \ E k \ % a u Q / 0 \ ® ai \ � in / / Ln 0 m -0 \ ± / % ƒ LA aj / / \ / r R § ƒ / Pj u 5 u 0 e \ ® / \ % c �. & = E 7 % / 0 ® -C— CU 2 \ 0 t U « / E % < ƒ E E c ƒ E S k 0. — =s2_ w — a) —=ems / k 2 k / u R§\ J a g m $ = C § f c J u© 0 u u a— E = c c 5 ƒ a) � ƒ M < I [ E (/ 7 0 e ƒ 7 k/ E m E d 0 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 'Q, (541) 388-6575 @ cdd@deschutes.org 0 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 pen -nit 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 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 15. (Ord. 2020-Ox, §x, 2020; Ord. 92-042 §3, 1992; Ord. 91-038 §l, 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 Specialty Code. GENERAL 1. Appendix C (Agricultural Buildings), 101.1 "title. These regulations shall be known as the Oregon Structural Specialty Corte, 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 495.020 is not it 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 cotTeci.ion 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 c310 §2; 1995 c.304 §1;', 1995 cA00 §5; 1999 c.1045 § 13; 1999 c.1082 § 11; 2001 c.710 §81 The Oregon Structural Specialty Code as adopted by the State of Oregon, Building Codes Division, includes portions of the International Buildizg 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 divellings 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. 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— Earthquakerecordinginstrumentation. 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 minirrtntn requirements to safeguard the public health, safety and general welfare through structural strength, rrreans of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to Iife 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 hupa/ www.bcd.oregon.gov/s tatu tes.Irtm 1. C C 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, seclio❑ or provision of this code. 102.4 Referenced codes and standards.'The codes and s(an- 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 Florid 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- t. "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-Darnage- Resistant Materials Shall be Used" 4. Table 6-1. "Elevation for Flood proofing" 5. Table 7-1. "Minimum Elevation of Utilities and Equipment" Informational )'Vote: Each local community participating in the National Flood insurance Program (NFIP) designates a local Flood Plain Administrator who is responsible to taaake sure com- munities creel their insurance program obligations. Certain matters comprised 'Within the NF'IP 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 progrmn are made, then the appropriate requirentenis of this code for the construction of the building are applied. Local communities may choose to designate their local building of as the Flood Plain Administrator or may designate other staff When a building riff cialtrnctioning in the capacity of Flood Plain Administrator exercises author- itv 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 rising building permit monies for clav swatter- other tl,ara adrninistrotion and enforcement of the State Building Code. Administration and implementation 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, 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 wit}u 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 stnridard 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 frown the most appropriate version of base model codes, which are updated periodically. (5) The Oregon specialty code amendment process begins approximately miduvay into a code cycle.. (6) An appropriate advisory board approves or forwards the adoption of the Oregon specialty code and atendments 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 918-008-002R. [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, 1'. & cert. ef. l l-15-94; BCD 6-1997, f. & con, 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, Bert, ef. 7-1-06; BCD 1-2014. f. 1-22-14, ecru. ef. 4-1-14 102,4.2 Provisions in referenced codes and standards. Where the extent of die 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- tnitted 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 C 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 e1T1pI0yees. 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 constrr.tetion 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 gUicial 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. Wlicie it is necessary to make an inspec- tion to enforce the provisions of this code, or where the build- ing q icial has reasonable cause to believe that there exists in a structure or upon a premises 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 of 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 per nits issued in flood hazard areas, including copies of inspection reports and certifications required in Section 1612, 104.5 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 ci,A 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 N 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 dives 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 rnalculg any report required tinder ORS 712.400. SCOPE AND ADMINISTRATION (4) If an action Linder ORS 30.260 to 30.300 alleges damages in an amount greater than tile. 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 n 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 atnount recovered in the action may not exceed those limitations for a single accident ar 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 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 claim based upon the performance of or the i'aihue 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 sianne of riltimate repose. (e) Any claim arising out of riot, civil commotion or mob action or out of any act Or omissirr, 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 thev would have been liable had the law, resolution, rule or regulation been constitutional, valid and applicable, unless such a ..1 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 bethe cause or partial cause of a nuclear incident covered by an insurance or indemnity agreement tinder the provisions of 42 U.S.C. 2210, including but not limited to road designs 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 ,31 §31; 1987 c.705 §7; 1991 c.861 §1; 2005 c.22 §19:2007 _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 lJsed materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. 104.10 IiiZodifications. Wherever there arc 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 gfcial 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 put -pose 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 shrill 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 sire, 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 variancee 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 tile building is to he built, stating that [he coast of flood insurance will be comtnensurate with the increased 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 of,'ficial 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 ghat 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 ciat 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 gfficial shall approve the testing procedures. "Pests shall be performed by an approved agency. Reports of such tests shall be retained by the building offlcial 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 or 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 snaking the request. Additional copies shall be transmitted to all building officials in the state. The director shall keep a pennaneni 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 456,84-51 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. Constriction subject to minor labels and master per- mits when authorized by the inspection authority under Oregon Administrative Rules Chapter 418, 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 m+ork 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 Consurrier 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 notapply 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 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 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 stntctut'es; 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 anv 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.3I0 §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 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. Permirs 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, Il 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 mall 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 (175:3 mot) in height. 13, Farm or forest use agricultural buildings exempted in ORS 45.5.315 (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 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 charge of any required means of egress, or rearrangement of pans 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. 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 3 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 file jurisdiction. Permils presuming, to :give authority to violato or canecl the provisions of Nris code or other laws or ordinances of the jurisdiction shall not be valid. The issuance of a pernrit based on consh•ttrtinn dncrurrents 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 perntit issued shall become invalid unless the work or 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 writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in v,,rit- ing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building rf7cial 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 infornra- 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 1. 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/ In"), 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 11 shall not be, issued until the floor load signs, required by Section 106.1, have been installed, 2014 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION 106.3 Restrictions on loading. It shall he unlawful to place, or cause or permit to be, placed, on any floor or roof of a building, structureor 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 iiisneciions, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction doc ments 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 docurnews to be prepared by a registered design professional. Exceptions: 1. The building official may waivc the submission of plans, calculations, construction inspection require- ments and other data and related plan review, fee if it is hound 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 ni) 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 Structural engineer regPistiation for performing engineering services on signitic.mt stavctures; niles. (1) For purposes of this section: (a) "Significant stricture" means: (A) Hazardous facilities and special occupancy structures, as defined in ORS 455.447; (B) 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; C 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 455,315; 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, 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 1-1, 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 small 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 qei- cial is authorized to waive or modify the requirement for a site plan when the applicaticm 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 afficial 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 arc reproduced here for the readers 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 (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 455.148 or 455,150 shall approve or disapprove the specialty code building plan: 2014 OREGON STRUCTURAL SPECIALTY CODE 0 R (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 c384 § I ; 2001 c.573 §13; 2003 c.675 §28] 1.07.3.3 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- siruc,tion 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 muric.ipality 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 constnretion 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 j 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. 11999 c.1045 §21; 2001 c.384 § I ; 2001 c.573 §13; 2003 c.675 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 of 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. 11' the circumstances require, the owner shall designate a substitute registered design professional it' 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 no( submitted at. the time of the application and that are to be submitted to the building official within a specified period. Dei'erral 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 docrernents for review by the budding 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 officral. [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 in'), or more than 20 feet (6096 non) in height, or with a basement. 3. Group E occupancies. SCOPE AND ADMINISTRATION 4. Group F occupancies over 4,000 square feet (372 mr) or more than 20 feet (6096 turn) 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 M occupancies over 4,000 square feet (372 ra) 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 mz). 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 1 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 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 plait; 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 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, 104A 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 I 1 (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 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 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', 108.1 General. The building nfficial 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, nneans of egress, accessibility, light, ventilation and sanitary require- ments of this code as necessary to ensure public health, safety rind 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 thee 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 perinit be released until the additional fee, if any, has been paid. 109.2 Schedule of permit fees. On buildings, structures or aherafions requiring a permit, a fee for each hermit 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: 45.5.020(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 arty 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 d56.755; 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 45.5.148 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 §29] 109.2.1 Plan review fees. When submittal documents are required by Section 107.11 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 918-050.01(f) 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 Tines, hose bibbs, icemakers, underfloor low -point drains. and rain drain packages that include the piping, gutters, downspouts, and perimeter system. (B) The plumbing pernmit fee described in this section does not include: (i) Any storm water retentionldetention facility; (ii) Irrigation and fire suppression systems;. or (iii) Additional water, sewer and service piping or private storm drainage systems exceeding die first 100 feet. (C) Permit fees for an addition, alteration, or repair shall be calculated based on the number of fixtures, appurieriances, 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 fable 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 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 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 shalt 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 shalt be the greater of either: (A) 'File 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 structatre; or (B) The value as stated by the applicant. (C) When the construction or occupancy type does not fit the IC'`C' 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 4-2000, f. 6-15-00, cert, ef, t0-1.00; BCD 31-2005, f. 12-30-05. cent. ef. 1-1-06; BCD 5-2007, f. 5-1 1-07, cert, ef.'1- 1-07; BCD 27-2008, f. ef.12-12-08, cert, Of 1-1-09; BCD 7- 2009, L 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 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, 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. 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 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, retnovat or demolition for work done in connection to or concurrently with the work authorized by a building pernul 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 gfficial is authorized to estab- lish a refund policy. 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 biiildirzg 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 perinit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which a❑ 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 2014 OREGON STRUCTURAL SPECIALTY CODE r equipment, conduit, piping accessories and other ancillary equipment items nre 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, chirnneys 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 Dire- 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 ()titer inspections. In addition to the inspections specified in Sections 110.3.1 through 1 10. 3,7, the b ildinr, nffic•ial 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 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 frequency 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. Stich inspections shall be made after the placement of the gas -permeable layer in accordance with the compti- 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, etc. 6. Preparations for installation of subslab soil exhaust ducts. 7. Other inspections as required by the building nf- 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 fnnndation inspec- tion" required by Section 110.3, 110.3.11.3 Inspection of subsiah 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 181 1.3.2. 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 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 or occupancy classification of a building or structure or por- tion thereof shall be [Wade, 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 hcrcin. 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 pertnits trader 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 laves that are enforced by the department of building safety, the building qffitciat shall issue a certificate of occupancy that contains the following: 1. The building pc:rrnit 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 gfficial, 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 perinit. 111.3 Temporary occupancy. The building r>fficial is autho- rized to issue a temporary certificate of occupancy before the complexion 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. 111A 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 tiny 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 thebuilding of rel alive to the application and interpretation of this code, the local jurisdiction Ohall 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 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 requirements of this code. 113.3 Qualifications. An appeals board, when appointed, shall consist of members who are qualified by experienceand 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 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 io the applicable specially 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; 200 t c.573 § 15; 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 nut 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. Tile 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. IFormerly 456.850; 1993 c.744 §98] Note: Forms for filing an appeal under ORS 455.475 are. available online, at: vvww.bcd.oregon.go;% SECTION 114 VIOLATIONS 114.1 Prohibited acts are as described in ORS 455.450. ORS 455.450 is not part of this code billis reproduced here for the rc ader s corvenience: 455.450 prohibited. acts. A person may not: (1) Violate, or procure or assist in the violation of, any finai order the Director of the Deparunent of Consumer and Business Services, an advisory board, : state administrative officer or any local appeals board, building official or inspector, concerning the application of the state building code in it particular case or concerning a license, certificate, registration or other authorization. (2) Engage in, orprocure or assist ally other person to engage in, any conduct or activity ror which a permit, label, license, i certificate, registration or other formal autl'iorization is required'' by any specialty code, any provision of ORS 446.003 to', 446 200. 446.225 to 4462.85, 4,16.395 to 446.420, 446,566 to 446.646. 446.666 to 446,740, 479.510 to 479.945, 479.950 and 490,510 to ,1%610, this chapter or ORS chaptci-447, 460 of 693 or any rule adopted of order issued for the administration and enforcement of these provisions without first having obtained such permit, label, license, certificate, registration or othe-r 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 'wilding code or an applicable, local building code or in any rule or order of the Depart itent of Consumer and Business Services, =tn advisory board, a local governing body or local building official. [Formerly 4i6.885 ( I ); 2007 c.306 §31 11.4.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsi-ble for the construction; reccittstruction, tilleration 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 shrill direct, the - of the illegal action or condition and the abaterneut of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building gfficiaJ is autho- rized to request the '.legal coutisel of the jurisdiction to iristi- 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 strYictare in violation of the approved constrac- tion. dcit•u vents or directive of the buildbit , 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 455.595 is not part of this code but is repfochiced here for the reader's convenience: 455,595 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. f2) The Department of Consumer and Business Services, or an appropriate advisory hoard, 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 446A46, 446.666 to 446.,461 479,510 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), 0) and (9) of this section or ORS 446.995, a civil penalty imposed under this section must he 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 $100 for each day of the offense. (3) Each violation of ORS 446.003 to 446.200 of 446225 to 446,295, or any rule or order issued under ORS 446.003 to ,146,200 or 446.225 to 446.285. constitutes n separate violation will, respect to each manufactured structure or with respect to each failurc or refusal to allow or perform tin 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 3 SCOPE AND ADMINISTRATION ('4) The department may impose a civil penalty of not more than $25,000 against it 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 tem'is and conditions as the depautment or the appropriate advisory hotrrd 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) Aav officer, director, shareholder or agent of a co poratinn, nr 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 f<rrth in subsection (1) or (2) of this section, any person who violates a provision or rule described in subsection (2) ol'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 ill an arnount determined by the department or advisory board that does riot exceed five times the amount by which such person profited in any transaction that violates it provision or rule described in subsection (2) of this section. 00) 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 j failure to file with a county assessor functioning us 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.7-14 §111; 1999 c.1045 §19; 2001 cAl1 §21; 2003 c.14 §286; 2003 e.655 §76; 2007 c.549 §6; 2007 c.898 § 1; 2013 c.324 § 11 ] 115.1 Authority. Whenever the building qfflleial 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 bui.ldinr- 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 aunt, 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 at 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 "Unsal'e Structures and I quipment" is riot adopted by the State of Oregon 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(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; tees 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 §81__- The Oregon Strieetural 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 1 under the State Fire Marshal's statutory authority. Unlike the JIJ "State Fire Code," the provisions of the Oregon Structural) 1 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) riot 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. 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. F,neroachmeuts 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 11. 23. Transitional housing accommodations. 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 1.80 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 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, "Rcplicable 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, 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 44 7.2 10 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. 102.4,2 Provisions in referenced codes and standards, 'Xhere the extent of the reference to a referenced code or standard includes subjccl 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 (l) 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. (31 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 prograrn areas. (4) The state building code is derived from the most appropriate version of base model codes, which are updated periodically. 2019 OREGON 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 918-008-0028, [Publications: Publications referenced are available from the agency.] Stat. Auth,: ORS 447,020, 455,030 & 479,730 Stats. Implemented: ORS 447,020.1 455.030 & 479.730 H;st.: BCD 26-1994, f. & cert. el. 11-15-94; BCD 6-1997, f. & cert, cf. 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. 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, Mininuen? elevation of hotiom 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, Minimum elevation of floodprogfing. 5. Table. 7-1, Minimum elevation. of attendant utilities and equiprnen.t. SCOPE AND ADMINISTRATION National Flood Insurance Program (NFIP) Each local community participating in the National Flood Insurance. Program (NFIP) designates a local food 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 tine appropriate requirements of this code for the construction of the building are applied. Local communities may choose to designate their local building officiai as the ,flood plain ad,ninistiwor or may designate other staff. When a building official, functioning in the capacity offload plain administrator exercises authority under the NFIP, such decisions are not part of this code nor subject to the building , ;f?cial duties and responsibilities as adopted by the Orcgon Building Codes Envision. 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 ende. 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 rode is held to be illegal or void, this shah 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 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 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 Divisiun. 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 14arshal. 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 corn - ply with the International Existing Budding Code as amended by Chapter 34 of this code. 102.6.1.1 Local seismic rehabilitation. See CARS 455,020 (4). OILS 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 enactregulations providing for local administration of the state building code; local appeal boards; fees and other charges; abatement of nuisances and dangerous buildings; enforcement ihrough 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 far by statute. Pursuant to the regulation of dangerous buildings, a municipality may adopt seismic rebabilitntion 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. lFormerly 456.755; 1991 c.227 §2; 199t c.310 §2; 1995 c.304 S1; 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 ofciol. 103.2 Appointment. The building of icial shall be appointed by the chief appointing authority of the municipality, 103.3 Deputies. In accordance with the prescribed proce- dures of this mumicipaliry and with the concurrence of the appointing authority, the buildingofficial 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 gfficial 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 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 off vial 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 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 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. C 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 q/ficial. 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: I. 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 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. 104.1.0.2 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, llivision 100, 2. Temporary (I80 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 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 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 paeans 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.E shall apply unless specifically amended by a local municipality under the authority of ORS 4.55.020. 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 3 3 furnished by the department of building safety for that pur- pose. Such application shall: i. 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 of ficial 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 qf- 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 corn- 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 beriIding of ficiai 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 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 shalt 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 (140 kN/m2), 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 Issuance of certificate of occupancy. A certificate of occupancy required by Section I I 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 ibis 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 gfcial 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 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 gfcial. 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 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 1-1, 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. 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 qfficial. 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 of 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, (t) 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: (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 it jurisdiction with a population that is 300,000 or more, shall implement the process described in ORS 455.465. (2) The 10-day and 1.5 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 Consurner 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 a.384 § I.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 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 perrnii 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- 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 designprof�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 regisiered 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 deferrer] 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 codee 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 prgject in accordance with the state building code; and (h) Allow an applicant to receive permits for each of the phases of a commercial construction prgiect 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 plat) 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 Tire and life safety plan review, occupancies to be reviewed. ORS 4'79.155(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 6 occupancies over 4,000 square feet i,372 m3) 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 mm) in height, or with a basement. 5, Group H occupancies over 1,500 square feet (139 m') or more than 20 feet (6096 mm) in heig ht, or with a basement. 6. Group I occupancies. 7. Group M occupancies over 4,000 square feet. (372 m') 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 m') or more than 20 fecal (6096 min) in height, or with a basement over 1,500 square feet (139 mz). 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 mna) 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 fo]- lowing portions of this code shall be used to review the plans submitted tinder 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 (3f}icial 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 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. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building off vial is authorized Co 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 lauildirrg Off1"O1 is authorize(.] 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 offreial. 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 nrurricipedit}, 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 nmrricipatily, under authority of ORS 455.020 and 455.210 or as sett 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 §l; 1995 c.400 §5; 1999 c.1045 §13; 1999 cA082 §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 fees; 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 thei 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 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 §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 municipral- 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 nuanicipality, 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 perntitted 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 sha11 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 tite 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. 5-11-07, 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, structure, elec- trical, gas, mechanical of 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 it 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 stricture if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be tite 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, 1,2013 c.324 §2j 109.5 Related fees. The payment of the fee for the construc- tion, ulceration, 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 (wilding official is authorized to estab- lish a refund policy. NXiMANUM 0010-11 110.1 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 numicipality 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 - net inspection. Lath, gypstnn board and gypsum panel product inspections shall be made after lathing, gl�lpsuul 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 laver 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 shalt 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 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 110.3.4, the building gff<cial shall conduct SSESD inspections. Such inspections shall be made after the placement and identification of all SSESDs as required by Sections 18.11.2.5 and 1912.3.7, 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 gfficial 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 agentto notify the building gfficial when work is ready for inspection. It shall be the duty of the pet-mit 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 ,:>fjicial, upon notification, shall make the requested inspec- tions and shall either indicate the portion of t.he 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 off cial. 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. S. 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 connpletion of 11tc entire work covered by the Permit. pro- vided that such portion or portions shall he 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 of 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 df�cial 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(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 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.oregoii.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 i Consumer and Business Services. The decision of the department chief' inspector may be appealed to the appropriate advisory boru-d. The decision of the advisory board may only be. appealed', to the Director of the Deparhent 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 anv 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 thi.-. sabsectia,` is subject to judicial review as provided in ORS 183.484. (3) Han appeal is made under this scctiva, 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.104.5 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 e.744 §99] 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 Inca] 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 %t y 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 specially code, any provision of ORS 446.003 to 446.200, 446.225 to 446,2851 446.395 to 446.420, 446.56() to 446.646, 446.066 to 446.746, 479.5)0 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 vvithout 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 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, au advisory board, a local governing body or local building official. [Forruerly 456,885 (1); 2007 c.306 §3] 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 tinder 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 of is autho- rized to request the Iegal counsel of the mun.icipatiry 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 cwastruc- tion doclanents or directive of the building afficial, 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. (2) The. Department of Consumer and Business Services, or an appropriate advisory board, if any, may at its discretion impose n 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 4,80.510 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 peualty 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 it continuing offense, not more than $1,000 for each day of the offense. (3) Each violation of 016 446.003 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 die 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) ofthis section. (6) Civil penalties under this section shalt he unposed 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 tray, 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 [lie partnership, association, or corporation of a ,provision or rule described in subsection (2) of this section is whjecl to the penahias 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 it 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 rive times the amount by which such person profited in any transaction that violates a provision or rule described in subsection (2) of this section. (to) 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 it 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 § t 11; 1999 c.1045 § 19; 2001 cAl 1 §21; 2003 c.14 §286; 2003 c.655 §76; 2007 c.549 §6; 2007 c.899 §1; 2013 c.324 §l lJ.._-m 115.1 authority. Where the building offi.cial 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 u?ficial is at.ttho.rizeol 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 issuaurce of a stop work order, the i itcd work shall inntrediately cease. The slop work order shall state the reason for the order and the conditions under wrhicla the cited work will be permitted to resume. 115.3 Unlawful continuance. Any person who shall con- tinue any work after having been served will-, a stop work order, except such work as that person is directed to perforrrl to icinove a violation or unsafecondition, shall besuhaject to penalties as prescribed by law. 2019 OREGON STRUCTURAL SPECIALTY CODE SCOPE AND ADMINISTRATION SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT The requirements of Section 1161 unsafe Sl?-UClt{Ye.c and 6rlteipnteni are not adopted by the State of Oregon, Building Modes Division, as part of the state building code but may be specifically adopted by a local municipality. 116.1 Conditions. Structures or existing equiprrtent that are or hereafter become unsafe, insanitary or deficient hecause of inadequate means of egress facilities, inadequatee 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 tnainien.ntce, shall be deemed an unsafe condition. Unsafe structures sit,']] be taken down and removed or made safe, as the building ofcial 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 pe-,son in control of the structure, a written notice that describes the condition deeaned 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 Jilted time. Such notice shall require the person thus notified to declare immediately to the building of 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 maturtar 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 tyre structure affected by such notice. Service Of such notice in the, forego- ing manner on the- owner's aVellt Of on the per:, o"f responsible for the structure shall constitute service of notice oil 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, aherations, addi- tions and change of occupancy shall comply with the require- ments of the Building Code. 17 01 ES CMG n � 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 Monday Meeting of June 1, 2020 DATE: May 27, 2020 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: Preparation for Public Hearing: Child Care Text Amendments Staff will conduct a work session before the Board of County Commissioners (Board) on June 1, 2020, to prepare for a June 3, 2020 public hearing concerning legislative amendments to address the need for child care in rural Deschutes County. COi'tiMUN ENT MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Associate Planner DATE: May 27, 2020 SUBJECT: Work Session: Child Care Text Amendments Staff will conduct a work session before the Board of County Commissioners (Board) on June 1, 2020, to prepare for a June 3, 2020 public hearing concerning legislative amendments to address the need for child care in rural Deschutes County. The complete record, including public comments, is provided to the Board through this memorandum as well as via hard copy. 1. PROPOSAL The proposed text amendments would change the Deschutes County Code (DCC) to allow day care, preschool, day nurseries, and child care facilities as a use permitted outright, subject to site plan review, in zoning districts where such uses are currently a conditional use, thereby reducing barriers to establishing child care -related uses in the unincorporated county. The amendments would not add child care facilities as a use to zones that do not already allow them in some capacity. The amendments also clarify and consolidate certain definitions: • The definition of "family child care provider" is changed to correspond with Oregon Revised Statutes. All child care -related definitions in Titles 18 and 19 are consolidated by adding a new term, "child care facility," which directly references ORS 329A. This is intended to eliminate confusion between Titles 18 and 19 as well as within each chapter, where multiple terms —some of which lacked definitions —were utilized. Adds a definition for "preschool," referring to the definitions in ORS 329A. The applicant, in this case Deschutes County Community Development, has submitted findings summarizing the amendments and stating that the text amendments are in compliance with the Statewide Planning Goals, applicable policies of the Deschutes County Comprehensive Plan and the county's Transportation System Plan. II. BACKGROUND According to Oregon's Child Care Deserts: Mapping Supply by Age Group, Metropolitan Status, and Percentage of Publicly Funded Slots, a report commissioned by Oregon State University and the Oregon Early Learning Division, Deschutes County is considered a "child care desert," meaning that there are more than three children for every available slot at existing child care providers. This is a complex issue that extends beyond local land use policy, touching topics such as affordability, accessibility, quality, equity, and demographic and income trends. However, making child care facilities easier to establish from a land use planning perspective —while still maintaining criteria that prevent conflicting uses and preserve existing protections —is one step towards the goal of child care availability for everybody who needs it. Currently, Deschutes County Code permits child care and related uses as conditional uses in twelve zoning districts. Child care -related uses are currently not permitted in the following primary zoning districts: AD - Airport Development FP - Flood Plain OS&C - Open Space and Conservation RI - Rural Industrial SM - Surface Mining Staff views the scope of the proposed amendments, as directed by the Board of County Commissioners, as twofold: 1. Reduce land use barriers to establishing child care in districts where child care is currently listed as a conditional use by changing child care to a permitted use subject to site plan review. This change affects zoning districts that already allow some commercially -oriented uses, such as the Terrebonne Rural Community. 2. Reduce land use barriers to establishing home -based child care in residential districts where commercial -scale child care is not a listed use, such as Multiple Use Agricultural and Rural Residential. Oregon Revised Statutes (ORS) 329A.440 states in part: (1) A registered or certified family child care home shall be considered a residential use of property for zoning purposes. The registered or certified family child care home shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings. A city or county may not enact or enforce zoning ordinances prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a registered or certified family child care home. (2) A city or county may impose zoning conditions on the establishment and maintenance of a registered or certified family child care home in an area zoned for residential or Page 2 of 8 commercial use if the conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone. This is echoed in existing Deschutes County Code, Chapter 18.116.21 S: 18.116.215. Family Child Care Provider. A. A family child care 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 child care provider's home is subject to the same restrictions imposed on any residential dwelling in the same residential or commercial zone. Based on Oregon Revised Statutes as well as Deschutes County Code, it is evident that residential child care is not a use that can be regulated as a home occupation and instead is subject to the same level of restrictions as any other residential dwelling in the same zone. Lastly, Titles 18 and 19 utilized multiple overlapping terms for child care -related uses, some of which did not have definitions and were likely the result of changes to the development code over time (a full outline of these definitions is provided in Exhibit L, Findings). To reduce confusion, the amendments unify Titles 18 and 19 with a single definition of a "child care facility," which refers the reader directly to ORS 329A. This state statute functions as an umbrella term for child care -related uses: "Child care facility" means any facility that provides child care to children, including a day nursery, nursery school, child care center, certified or registered family child care home or similar unit operating under any name, but not including any: (a) Preschool recorded program. (b) Facility providing care for school -age children that is primarily a single enrichment activity, for eight hours or less a week. (c) Facility providing care that is primarily group athletic or social activities sponsored by or under the supervision of an organized club or hobby group. (d) Facility operated by: (A) A school district as defined in ORS 332 002 (Definitions for chapter); (B) A political subdivision of this state; or (C) A governmental agency. (e) Residential facility licensed under ORS 443.400 (Definitions for ORS 443.400 to 443.4551 to 443.455 (Civil penalties). (f) Babysitters. (g) Facility operated as a parent cooperative for no more than four hours a day. (h) Facility providing care while the child's parent remains on the premises and is engaged in an activity offered by the facility or in other nonwork activity. (i) Facility operated as a school -age recorded program. Page 3 of 8 The amendments also add a definition for "preschool," referring to the definitions in ORS 329A. Finally, the amendments modify the definition of "family child care provider" to include 16 or fewer children, consistent with state statute, rather than less than 13 children as previously appeared in Deschutes County Code. 111. PROPOSED TEXT AMENDMENTS Table 1 summarizes the existing text and the proposed changes by zone in rural Deschutes County. Table 1. Existing and Proposed Child Care Zoning Code I Existing Proposed Title 18 - County Zoning Chapter 18.04, Title, Purpose, and Definitions Defines "Family child care provider" as a child care provider who regularly provides childcare to fewer Rewords definition to than 13 children, including correspond to ORS 18.04.030 -Definitions children of the provider definition (no more (regardless of part- or full- than 16 children) time status), in the family living quarters of the provider's single-family home. Adds definitions for "child care facility" and "preschool," referring to ORS 329A; refers old 18.04.030 -Definitions NSA definitions of "child care center" and "nursery, day" to new "child care facility" Chapter 18.65, Rural Service Center - Unincorporated Community Zone 18.65.022 - Alfalfa RSC - Residential Conditional Use Permitted Use Subject District to Site Plan Review Chapter 18.66, Terrebonne Rural Community Districts Permitted Use Subject 18.66.020 - Residential (TeR) District Conditional Use to Site Plan Review 18.66.030 - Residential-5 Acre Minimum Conditional Use Permitted Use Subject (TeR5) District to Site Plan Review Permitted Use Subject 18.66.040 - Commercial (TeQ District Conditional Use to Site Plan Review Page 4 of 8 Code I Existing Proposed Chapter 18.67, Tumalo Rural Community Districts Permitted Use Subject 18.67.020 -Residential (TuR) District Conditional Use to Site Plan Review 18.67.030 - Residential-5 Acre Minimum Conditional Use Permitted Use Subject (TuR5) District to Site Plan Review Permitted Use Subject 18.67.040 -Commercial (TuC) District Conditional Use to Site Plan Review Chapter 18.74, Rural Commercial Zone 18.74.020 - Uses Permitted - Deschutes Permitted Use Subject junction and Deschutes River Woods Conditional Use to Site Plan Review Store 18.74.027 - Uses Permitted - Pine Forest Conditional Use Permitted Use Subject and Rosland to Site Plan Review Chapter 18.108, Urban Unincorporated Community Zone - Sunriver 18.108.055 -Town Center - TC District Permitted Subject to Site Plan No change g Review 18.108.110 -Business Park - BP District Permitted Subject to Site Plan No change g Review Chapter 18.110, Resort Community Zone 18.110.020 - Seventh Mountain/Widgi permitted Subject to Site Plan Creek and Black Butte Ranch Resort Review No change Districts Chapter 18.116, Supplementary Provisions (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, 18.116.215 - Family Childcare Provider including areas zoned for No change 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. Page 5 of 8 Code Existing I Proposed I 18.116.360 - Nursery Schools Chapter 18.128, Conditional Uses 18.128.190 - Schools N/A - Supplementary criteria for nursery schools are currently located in DCC Chapter 18.128, Conditional Uses (A) Nursery schools shall provide and maintain at least 100 square feet of outdoor play area per child. A sight obscuring fence at least four feet but not more than six feet high shall separate the play area from adjoining lots. (D) Schools in the Wildlife Area Combining Zone are subject to provisions of DCC 18.88. Title 19 - Bend Urban Area Zoning Ordinance Chapter 19.04.040 - Definitions Chapter 19.04.040 - Definitions Chapter 19.20, Suburban Low Density Residential Zone Chapter 19.28, Urban Standard Residential Zone Chapter 19.64, Light Industrial Zone N/A N/A Conditional Use Conditional Use Conditional Use Creates new subsection with the criteria for nursery schools that previously were located in DCC 18.128, Conditional Uses (see below) Section (A) is deleted (no longer a conditional use) and Sections (A) and (D) are added to DCC 18.116.360 Adds definition of "family child care provider" to correspond to ORS definition (no more than 16 children) Adds definitions for "child care facility" and "preschool," referring to ORS 329A; refers definition of "day care center or facility" to "child care facility' Permitted subject to site plan review Permitted use subject to site plan review Permitted use subject to site plan review Page 6 of 8 Code I Existing Proposed Title 19A - Bend Urbanizable Area District Permitted Use (Family Title 19A, Bend Urbanizable Area childcare home (16 or fewer No change children in residence)) Title 21 - Sisters Urban Area Zoning Ordinance Title 21.16 - Urban Area Reserve Zone Permitted Use subject to site review (DCC 21.44 and 21.44). No change IV. PUBLIC COMMENTS As of the date of this memorandum, one written public comment has been received: • Central Oregon Association of Realtors (COAR) V. PLANNING COMMISSION RECOMMENDTION No testimony was presented at the Planning Commission public hearing on May 14, 2020. At the conclusion of the staff presentation, the Planning Commission closed the oral and written record, deliberated, and voted 6-0 (1 absent) in favor of the proposed amendments, with minor clerical corrections that are noted in the record. Suggestions by the Planning Commission Chair regarding clarification of the definitions were incorporated after the hearing and are provided in this packet. VI. NEXT STEPS A public hearing with the Board is scheduled for June 3, 2020. Attachments 1. Draft Ordinance No. 2020-010 - Emergency 2. Draft Ordinance No. 2020-010 - Non -Emergency 3. Corresponding Exhibits to Ordinance No. 2020-010: Exhibit A - DCC Chapter 18.04, Title, Purpose, and Definitions Exhibit B - DCC Chapter 18.65, Rural Service Center Zone Exhibit C - DCC Chapter 18.66, Terrebonne Rural Community Zoning Districts Exhibit D - DCC Chapter 18.67, Tumalo Rural Community Zoning Districts Exhibit E - DCC Chapter 18.74, Rural Commercial Zone Exhibit F - DCC Chapter 18.116, Supplementary Provisions Exhibit G - DCC Chapter 18.128, Conditional Use Exhibit H - DCC Chapter 19.04, Title, Compliance, Applicability, and Definitions Exhibit I - DCC Chapter 19.20, Suburban Low Density Residential Zone Page 7 of 8 Exhibit J - DCC Chapter 19.28, Urban Standard Residential Zone Exhibit K - DCC Chapter 19.64, Light Industrial Zone Exhibit L - Findings Full Record 2020-05-14 Planning Commission Hearing Draft Minutes 2020-05-14 Planning Commission Hearing Packet 2020-05-13 Correspondence - PC Chair Hudson 2020-05-13 Public Comment - COAR 2020-05-03 PC NOPH Bulletin Affidavit 2020-04-23 PC Work Session Minutes 2020-04-23 PC Work Session Packet 2020-03-19 DLCD Confirmation Email Page 8 of 8 REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Deschutes County Zoning, and Title 19, Bend Urban Area Zoning, to permit child care uses as * ORDINANCE NO. 2020-010 a use permitted outright subject to site plan review and Declaring an Emergency. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-120-000245-TA) to the Deschutes County Code (DCC) Title 18, Chapters 18.04, Title, Purpose, and Definitions; 18.65, Rural Service Center Zone; 18.66, Terrebonne Rural Community Zoning Districts; 18.67, Tumalo Rural Community Zoning Districts; 18.74, Rural Commercial Zone; 18.116, Supplementary Provisions; 18.128, Conditional Use; Title 19, Chapters 19.04, Title, Compliance, Applicability, and Definitions; 19.20, Suburban Low Density Residential Zone; 19.28, Urban Standard Residential Zone; and 19.64, Light Industrial Zone, to permit child care uses as a use permitted outright subject to site plan review in zones where child care uses were previously subject to a conditional use permit; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on May 14, 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 3, 2020 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 18, and 19; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.04. Title, Purpose, and Definitions, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ik�h. Section 2. AMENDMENT. DCC 18.65. Rural Service Center Zone, is amended to read as described in Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. PAGE 1 OF 3 - ORDINANCE NO.2020-010 Section 3. AMENDMENT. DCC 18.66. Terrebonne Rural Community Zoning Districts, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st -ike Section 4. AMENDMENT. DCC 18.67. Tumalo Rural Community Zoning Districts, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in striket4rough. Section 5. AMENDMENT. DCC 18.74. Rural Commercial Zone, is amended to read as described in Exhibit "E", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in tfik�h. Section 6. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in Exhibit "F", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in trik�h. Section 7. AMENDMENT. DCC 18.128. Conditional Use, is amended to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in tFike Section 8. AMENDMENT. DCC 19.04. Title, Compliance, Applicability, and Definitions, is amended to read as described in Exhibit "H", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strike gh. Section 9. AMENDMENT. DCC 19.20. Suburban Low Density Residential Zone, is amended to read as described in Exhibit "I", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stri .o+�r Section 10. AMENDMENT. DCC 19.28. Urban Standard Residential Zone, is amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfike*hr-ough. Section 11. AMENDMENT. DCC 19.64. Light Industrial Zone, is amended to read as described in Exhibit "K", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in try. Section 12. FINDINGS. The Board adopts as its findings, Exhibit "L" attached and incorporated by reference herein. PAGE 2 OF 3 - ORDINANCE NO. 2020-010 Section 13. EMERGENCY. This Ordinance being necessary to address a need for child care in Deschutes County and for the immediate preservation of the public peace, health, safety, and welfare, an emergency is declared to exist, and this Ordinance becomes effective immediately upon adoption. Dated this of 12020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON Date of 1" Reading: day of 52020. Date of 2nd Reading: day of , 2020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Patti Adair Anthony DeBone Philip G. Henderson Effective date: day of , 2020. PAGE 3 OF 3 - ORDINANCE NO. 2020-010 REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Deschutes County Zoning, and Title 19, Bend Urban Area Zoning, to permit child care uses as * ORDINANCE NO. 2020-010 a use permitted outright subject to site plan review. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-120-000245-TA) to the Deschutes County Code (DCC) Title 18, Chapters 18.04, Title, Purpose, and Definitions; 18.65, Rural Service Center Zone; 18.66, Terrebonne Rural Community Zoning Districts; 18.67, Tumalo Rural Community Zoning Districts; 18.74, Rural Commercial Zone; 18.116, Supplementary Provisions; 18.128, Conditional Use; Title 19, Chapters 19.04, Title, Compliance, Applicability, and Definitions; 19.20, Suburban Low Density Residential Zone; 19.28, Urban Standard Residential Zone; and 19.64, Light Industrial Zone, to permit child care uses as a use permitted outright subject to site plan review in zones where child care uses were previously subject to a conditional use permit; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on May 14, 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 3, 2020 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 18, and 19; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.04. Title, Purpose, and Definitions, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st-iketh"o"sh. Section 2. AMENDMENT. DCC 18.65. Rural Service Center Zone, is amended to read as described in Exhibit `B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. PAGE 1 OF 3 - ORDINANCE NO.2020-010 Section 3. AMENDMENT. DCC 18.66. Terrebonne Rural Community Zoning Districts, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in -stfi .ethfough. Section 4. AMENDMENT. DCC 18.67. Tumalo Rural Community Zoning Districts, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st+ike Section 5. AMENDMENT. DCC 18.74. Rural Commercial Zone, is amended to read as described in Exhibit "E", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in trik�r Section 6. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in Exhibit "F", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in +. iket faugh- Section 7. AMENDMENT. DCC 18.128. Conditional Use, is amended to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethfough. Section 8. AMENDMENT. DCC 19.04. Title, Compliance, Applicability, and Definitions, is amended to read as described in Exhibit "H", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in t+ikethre gh. Section 9. AMENDMENT. DCC 19.20. Suburban Low Density Residential Zone, is amended to read as described in Exhibit "I", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stpikethfoug4, Section 10. AMENDMENT. DCC 19.28. Urban Standard Residential Zone, is amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 11. AMENDMENT. DCC 19.64. Light Industrial Zone, is amended to read as described in Exhibit "K", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stri .ugh. PAGE 2 OF 3 - ORDINANCE NO. 2020-010 Section 12. FINDINGS. The Board adopts as its findings, Exhibit "L" attached and incorporated by reference herein. Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary Date of I" Reading: Date of 2nd Reading: PATTI ADAIR, Chair ANTHONY DEBONE, Vice Chair PHILIP G. HENDERSON day of 12020. day of , 2020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Patti Adair Anthony DeBone Philip G. Henderson Effective date: day of , 2020. PAGE 3 OF 3 - ORDINANCE NO.2020-010 Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS 18.04.030. Definitions. "Child care center" see -c1711d care iacility. �" +riefo-i-ii-4iik4-rmt,--f t t)�-1,4ial,tr-cee4fitctl(-)-<=-Liizc--tefi= "(1-tild care i+tcilily "pis, cased ill Title. 18_is,defiiicd in 01-6 129 "Family child care provider" means a child care provider who regularly provides child-care ill_-t 1-e hoaic of the :..provider to iiot ii-io c tliaii 16 cl6 iron ii-ic_itAiiig c1ii1d eii of lieprov_idcr,._regardless chi' full ,time or._p i# � _di-lic ..t ati_2s_ t # �+ i>� i, 1 3 < 13if i+'cr3; i++olt}c1 §a �h car # <„{"t{+ f>+c ;�4 � # rcf! <Tf 1 4't,4 ki Me-4, &, i i# 111C`IaffliN 1, ii-IL,-it$zh i1s-o- ttie- ii t +-`iiii,?, �mi-T , Nursery, day See: ciirl,d care _i<i§ il#ty_.", filfim-C gl'a3+t- f3lii iP Ne 'c3 C%z'r?r` }�v C.#i�F i' l § i\ K1 itdx, iii'E tllikt ti-�:`>! #i?? fiiEi it'rPe t E�-tii'rfilil�. ii� : - j3l-i,ilrE 'r�li j E.i i3N,`i 3tiliii tilt', o,t-{g-wu t- -i-ir'i-.'-�: vitF-.s "°lire c liool" as lfsc(]iii Title 18 is_de lined i## MS 529A as prescliool recorded K7#ot?rWrrri_. (L7rd 20,10-010_ 1. 2020�;__Ord. 2019-016 §1, 2019; Ord. 2019-010 §1, 2019; Ord. 2018-005, §8 2018 repealed; Ord. 2018-006 §4, 2018; Ord. 2017-015 §l, 2017; Ord. 2016-026 §1, 2016; Ord. 2016-015 §1, 2016; Ord. 2016-006 §1, 2016; Ord. 2015-004 §1, 2015; Ord. 2014-009 §1, 2014; Ord. 2013-008 §1, 2013; Ord. 2012-007 §1, 2012; Ord. 2012-004 §1, 2012; Ord. 2011-009 §1, 2011; Ord. 2010-022 §1, 2010; Ord. 2010-018 3, 2010, Ord. 2008-007 §1, 2008; Ord. 2008-015 § 1, 2008; Ord. 2007-005 § 1, 2007; Ord. 2007- 020 § 1, 2007; Ord. 2007-019 § 1, 2007; Ord. 2006- 008 §1, 2006; Ord. 2005-041 §1, 2005; Ord. Chapter 18.04 35 ( 04/2015) 2004-024 §1, 2004; Ord. 2004-001 §1, 2004; Ord. 2003-028 §1, 2003; Ord. 2001-048 §1, 2001; Ord. 2001-044 §2, 2001; Ord. 2001-037 §1, 2001; Ord. 2001-033 §2, 2001; Ord. 97-078 §5, 1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1, 1996; Ord. 96-003 §2, 1996; Ord. 95-077 §2, 1995; Ord. 95-075 §1, 1975; Ord. 95-007 §1, 1995; Ord. 95-001 §1, 1995; Ord. 94-053 §1, 1994; Ord. 94-041 § §2 and 3, 1994; Ord. 94-03 8 §3, 1994; Ord. 94-008 § § 1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§l, 2, and 3, 1994; Ord. 93-043 §§l, IA and 1B, 1993; Ord. 93- 038 §1, 1993; Ord. 93- 005 §§1 and 2, 1993; Ord. 93-002 §§l, 2 and 3, 1993; Ord. 92-066 §1, 1992; Ord. 92-065 §§1 and 2, 1992; Ord. 92-034 §1, 1992; Ord. 92-025 §1, 1992; Ord. 92-004 1 and 2, 1992; Ord. 91- 038 §§3 and 4, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §1, 1991; Ord. 91-002 §11, 1991; Ord. 90-014 §2, 1990; Ord. 89-009 §2, 1989; Ord. 89-004 §1, 1989; Ord. 88- 050 §3, 1988; Ord. 88- 030 §3, 1988; Ord. 88-009 §1, 1988; Ord. 87-015 §1, 1987; Ord. 86-056 2, 1986; Ord. 86-054 §1, 1986; Ord. 86-032 §1, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 §1, 1984; Ord. 83-037 §2, 1983; Ord. 83-033 §1, 1983; Ord. 82-013 §1, 1982) Chapter 18.04 1 (6/2020) Chapter 18.65. RURAL SERVICE CENTER - UNINCORPORATED COMMUNITY ZONE 18.65.022. Residential District (Alfalfa). 18.65.022. Alfalfa RSC - Residential District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to the applicable provisions of this chapter: 1. Agricultural uses, as defined in Title 18, subject to the restrictions in DCC 18.65.021(D), and excluding livestock feed lot or sales yard, and hog or mink farms. 2. Single-family dwelling, or a manufactured home subject to DCC 18.116.070. 3. Two-family dwelling or duplex. 4. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. 6. Class III road or street project. 7. Type 1 Home Occupation, subject to DCC 18.116.280. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title: 1. Park or playground. 2. Community building. _-_Utility facility. 4. (!)ikl a<uc 1, cility ai dor pr sc_lxxoi, C. Conditional Uses Permitted The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use, of this title: 1. Schools. 2. Medical clinic or veterinary clinic. 4-. Church. -5-A.-Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 6.1. Bed and breakfast inn. -.._Public use. ,,�;7. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. E. Lot Requirements. 1. The minimum lot size is 5 acres. 2. The minimum average width of lots shall be 200 feet. 3. Each lot must be served by an on -site well. 4. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. 5. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. Lot coverage for buildings used primarily for Chapter 18.65 1 (6/2020) EXHIBIT B TO ORDINANCE NO. 2020-010 commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. F. Limitations on uses — RSC-Residential District. The following limitation shall apply to uses permitted in the RSC — Residential District: 1. Cows, horses, goats or sheep cannot be kept on lots having an area of less than 20,000 square feet. The total number of all such animals (other than their young under the age of six months) shall be limited to the square footage of the lot divided by 20,000 square feet, which is the minimum area per animal. 2. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500 square feet of land. 3. All livestock shall be located a minimum of 100 feet away from a residential building on an adjacent lot. Ord. 2020-010 22020, Ord. 2004-002 12, 2004; Ord. 2002-028 §1, 2002; Ord. 2002-002 §2, 2002) Chapter 18.65 2 (6/2020) EXHIBIT B TO ORDINANCE NO. 2020-010 Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS 18.66.020. Residential (TeR) District. 18.66.030. Residential-5 (TeR5) Acre Minimum District. 18.66.040. Commercial (TeC) District. 18.66.020. Residential (TeR) District. The Terrebonne Residential District allows a mixture of housing types and densities suited to the level of available water and sewer facilities. The purpose of this district is to allow new residential development that is compatible with the rural character of the area. A. Permitted uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total number of such animals over the age of six months does not exceed one for each 500 square feet of property. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 6. Class III road or street project. 7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. tjse_ I'can}iiied SUbject to Sitcf'kiii Re i,e\\ (hc to_llowiiiguses , Tiid l:ieir ic,c sso� y_tii5 _ �c_k 1��>>iie,d, s ibiec1 to flic applic ible p ovis,oils of illis cii"ii>tc i l)E'<.19.1_1 C Suipplciiicntary Ibrca_isi,<ms,. aii�l DC'_t__; 1 1 74 Site 1)1.ii TT ,_1 1 SI t ilk.• .. 1 __C I�tic%ciic i tcilit� anciio7irst.liac Conditional Uses The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Manufactured home park. 2. Multi -family dwelling complex. 3. Retirement center or nursing home. 4. Cluster development. 5. Church. 6. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. �7. Public or private school. 9.8. Park. 4449. Public or semi-public building. 1-1-0. Utility facility. 11,,a. Water supply or treatment facility. 1 -q?. Veterinary clinic. 13. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). Chapter 18.66 1 (06/2020) EXHIBIT C TO ORDINANCE NO. 2020-010 14. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. C. Lot Requirements. 1. Partitions: a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an approved community, non -community or municipal water system and not served by a public sewer system, shall have a minimum width of 150 feet with a minimum parcel size of one acre. b. Subject to DCC 17.36.170 parcels served by an approved community, non -community, municipal or public water system, but not served by an approved public sewer system, shall have minimum parcel sizes as follows: i. For a single-family dwelling, a parcel shall have a minimum width of 100 feet and a minimum parcel size of 22,000 square feet. ii. For a two-family dwelling, a parcel shall have a minimum width of 100 feet and a minimum parcel size of 33,000 square feet. c. For parcels served by an approved community, municipal or public water and sewer system, the minimum parcel sizes shall be as follows: i. For a single-family dwelling, the parcel shall have a minimum width of 75 feet and a minimum parcel size of 7,500 square feet. ii. For a two-family dwelling, the parcel shall have a minimum width of 75 feet and a minimum parcel size of 10,000 square feet. 2. Subdivisions: a. For subdivisions involving multi -family dwellings, a manufactured home park, a retirement center or a nursing home, all new lots shall be connected to a DEQ permitted wastewater pollution control facility. b. For subdivisions involving only single-family and two family dwellings the standards set forth in DCC 18.66.020(C)(1) shall apply. D. Yard Standards. I . Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.66.020(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.66.020(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel contiguous to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 5. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. (Q11t, 2020-) i � 20?Q: Ord. 2004-002 §13, 2004; Ord. 97-063 §3, 1997; Ord. 97-003 §2, 1997) 18.66.030. Residential-5 Acre Minimum (TeR5) District. The purpose of the Terrebonne Residential-5 Acre Minimum District is to retain large rural residential lots where community sewer and water are not available. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type I Home Occupation, subject to DCC 18.116.280. Chapter 18.66 2 (06/2020) EXHIBIT C TO ORDINANCE NO.2020-010 4. Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six months, provided that the total numbers of such animals does not exceed one for each 500 square feet of property. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 6. Class III road or street project. 7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. tises Elermilted SLibie t to Sits Rcvic�N`I-be ft llowin°.uses anci_tllefr acres -oil uses are,peniiiited, 5ubcct_to_ti�c at�lic,�l71_p rc��!i icon o{ this chaqter, C)( C_' i. 116.e_` 71 .�7��ti lXio�>>sionti.,ai�cl l_)€;C 18.1-4 Site_.1'1 aii_I�.e� icw, o ilis title: 1. C Mild care f',,icility �uidor pr sclwo.1. ('. __Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124 and 18.128: 1. Manufactured home park. 2. Multi -family dwelling complex. 3. Retirement center or nursing home. 4. Church. 5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 6. Public or private school. 8 7. Park. 418. Public or semi-public building. 409. Utility facility. 11.0. Water supply or treatment facility. 11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 12. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. C. Lot Requirements. The minimum lot or parcel size in the TeR5 District is five acres regardless of the availability of approved community, non -community, municipal, or public water system and public sewer system. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.66.030(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.66.030(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 5. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 of shall be met. (C 20-0010 2020=_Ord. 2004-002 § 14, 2004; Ord. 97-063 § 3, 1997; Ord. 97-003 § 2, 1997) Chapter 18.66 3 (06/2020) EXHIBIT C TO ORDINANCE NO.2020-010 18.66.040. Commercial (TeC) District. The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial uses to serve the community and surrounding rural area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or two-family on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.124: 1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Offices. d. Veterinary clinic and kennel entirely within an enclosed building. e. Residential use in the same building as a use permitted by DCC 18.66.040(B)(1). f. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more than 4,000 square feet of floor area in a building or buildings, subject to provisions of DCC 18.66.040(E). _0Jld_c_are facility,,iii&or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Motel, with a maximum of 35 units, only if served by a community sewer system as defined in OAR 660-22-010(2). 2. Recreational vehicle park. 3. Church. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Public or private school. Fs- --- G]-4-1 Wet"i-v, 76. Park. -97. Public or semi-public building. 98. Medical center in a building or buildings not exceeding 4,000 square feet of floor space. 49. Utility facility. 1O1. Water supply or treatment facility. 121. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding 4,000 square feet of floor space. 1 ?'3. Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of floor space with no exterior displays or storage of industrial equipment, industrial vehicles or industrial products: a. Manufacturing and production. b. Wholesale sales. c. Mini -storage. Chapter 18.66 4 (06/2020) EXHIBIT C TO ORDINANCE NO. 2020-010 13. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 1 4. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. 1€ 5. Marijuana processing, subject to the provisions of DCC 18.116.330. 1=76. Marijuana retailing, subject to the provisions of DCC 18.116.330. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.040(B) and (C). 1. Sewer and Water Requirements. Applicant must obtain approval for an on -site sewage disposal system, or if applicable, obtain a Department of Environmental Quality (DEQ) Waste Water Pollution Control Facility (WPCF) permit before approval or as condition of approval of the land use permit. 2. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.66.040(B) and 18.66.040(C)(9) may have a total building floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the travel needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to locate the use in a building or buildings with floor area of 4,000 square feet or less. 2. For purposes of DCC 18.66.040, the surrounding rural area includes the area described by the Terrebonne zip code, which extends south to the boundary of the Redmond zip code, west to the boundary of the Sisters zip code, east into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial buildings in the TeC District except those containing uses listed in DCC 18.66.040(C)(13). The provisions of DCC 18.124 also apply. 1. The window area shall equal at least 50 percent of the length and 25 percent of the height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls that abut sidewalks or roads. 2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. Minimum size requirements for this district will be determined by spatial requirements for on -site sewage disposal, required landscaped areas and off-street parking. No lot or parcel shall be created of less than a minimum of 10,000 square feet. H. Dimensional Standards. Lot Coverage. No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.66.040(I)(4). 3. Rear Yard. No specific requirements, subject to DCC 18.66.040(I)(4). 4. Exceptions to Yard Standards. Chapter 18.66 5 (06/2020) EXHIBIT C TO ORDINANCE NO. 2020-010 a. Lot line adjacent to a residential district. Any new structure requiring a building permit sited on a lot adjacent to a residential district shall be set back a minimum of 15 feet from the common property line. The required yard shall be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (C}rd.Ord. 2016-015 §5, 2016; Ord. 2015-004 §3, 2015; Ord. 2004-002 §15, 2004; Ord. 97-063 §3, 1997; Ord. 97-003 §2, 1997) Chapter 18.66 6 (06/2020) EXHIBIT C TO ORDINANCE NO. 2020-010 Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS 18.67.020. Residential (TuR) District. 18.67.030. Residential-5 Acre Minimum (TuR5) District. 18.67.040. Commercial (TuC) District. 18.67.020. Residential (TuR) District. The Tumalo Residential (TuR) District allows a mixture of housing types and densities suited to the level of available water and sewer facilities. The purpose of this district is to allow new residential development that is compatible with the rural character of the area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling, or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Agricultural uses as defined in DCC Title 18, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to one for each 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total number of such animals over the age of six months does not exceed one for each 500 square feet of property. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 6. Class III road or street project. 7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Use_, 1'errnittcd ` tibicct to Site Illzm Rcvie l lic_f<>11o\vii];, uses ilid.dic i �iccc_ssor\ uses irepu,illitted 4ubjc c 1_(< _tic_ lighle p ovisio Is cif this c h ]�pte Q(';� 18_ 1 1 C - Suppleiii nt iry llrovi joiis. <')Ild QCC 18.124 Site Pl in J�C\v1c\\7_ol thi ;_title: 1 IJl �ll l(1 (_!Il lcl4_i_Ilt} li tld/lit rJtlliC t.,to(,Jv,i. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116, 18.124, and 18.128: 1. Multi -family dwelling complex. 2. Retirement center or nursing home. 3. Church. 4. Cemetery. 5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. -.—..._-i-�-?ri-1�-E; s':li=E-cC.-i-1-ir.s=•'r'... _ ;76. Public or private school. ,97. Park. 918.. Public or semi-public building. 1-04. Utility facility. 11=0. Water supply or treatment facility. 11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 1=. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. C. Lot Requirements. 1. Partitions: Chapter 18.67 1 (06/2020) EXHIBIT D TO ORDINANCE NO. 2020-010 a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an approved community, non -community or municipal water system shall have a minimum width of 150 feet with a minimum parcel size of one acre. b. Subject to DCC 17.36.170(A), parcels served by an approved community, non -community, municipal or public water system, shall have a minimum parcel size as follows: 1. For a single-family dwelling the parcel shall have a minimum width of 100 feet and a minimum parcel size of 22,000 square feet. 2. For a two-family dwelling the parcel shall have a minimum width of 100 feet and a minimum parcel size of 33,000 square feet. 2. Subdivisions: a. For subdivisions involving multi -family dwellings, a manufactured home park or a retirement home, all new lots shall be connected to a DEQ-permitted Wastewater Pollution Control Facility. b. For subdivisions involving only single-family and two-family dwellings the standards set forth in DCC 18.67.020(C)(1) shall apply. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.67.020(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.67.020(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel contiguous to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (_Ord. "O20-010.�J� ?0?0. Ord. 2004-002 §17, 2004; Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) 18.67.030. Residential-5 Acre Minimum (TuR5) District. The purpose of the Tumalo Residential-5 Acre Minimum District is to retain large rural residential lots. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Type 1 Home Occupation, subject to DCC 18.116.280. 3. Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total numbers of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six months, provided that the total numbers of such animals does not exceed one for each 500 square feet of property. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18 120.050 B. L)se_s 1}ermitted Sttl sect 1_0 Site Nail Review. I.lic followiti uses and tlic>> a1 5sol .Ses are E�erm.' ittcd subjc ct to the applicable provisions of_this cliaptc i, I)C`C 18_1_16 Siippleii-jet}talNProt isioiis, jnd_DC_'C 1_8._1' I Site fll�ii) 1�evic\\,, of this title: l._C.fuid_c�rc I3cil�t� �n%otd�resc,hooL C. _Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Church. Chapter 18.67 2 (06/2020) EXHIBIT D TO ORDINANCE NO. 2020-010 2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 3. Public or private school. 4, �)4. Park. 65. Public or semi-public building. 6. Utility facility. 4 /. Water supply or treatment facility. 8. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 9-M3. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. C. Lot Requirements. The minimum lot or parcel size in the TuR5 District is five acres. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way, 30 feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.67.030(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.67.030(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (0r%?020_010 _2.020 Ord. 2004-002 §18, 2004; Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001; Ord. 2000-033 §11, 2000; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) 18.67.040. Commercial (TuC) District. The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to serve the community and surrounding area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or duplex. 2. Manufactured home subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and 11 road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.060 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116 and 18.124: 1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating and/or drinking establishment. c. Offices. d. Residential use in the same building as a use permitted in DCC 18.67.040. e. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square feet of floor area in a building subject to the provisions of DCC 18.67.040(E). Chapter 18.67 3 (06/2020) EXHIBIT D TO ORDINANCE NO.2020-010 7child gire the_ilit)' diid/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Church. 2. Bed and breakfast inn. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel as configured on June 12, 1996. 10. The following uses and their accessory uses may be conducted in a building or buildings not to exceed 4,000 square feet of floor space. a. Farm equipment, sales, service or repair. b. Trailer sales, service or repair. c. Vehicle service or repair. d. Veterinary clinic. 11. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of floor space: a. Manufacturing or production. b. Wholesale sales. c. Marijuana processing, subject to the provisions of DCC 18.116.330. d. Marijuana retailing, subject to the provisions of DCC 18.116.330. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(11). 1. Compatibility. a. Any use expected to generate more than 50 truck -trailer and/or heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or across a local or collector street from a lot or parcel in a residential district. 2. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.67 shall be accommodated entirely on the premises. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.67.040(B) may have a total floor area exceeding 4,000 square feet but not greater than 10,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of the floor area. 2. This provision does not apply to uses listed in DCC 18.67.040(C)(10). Chapter 18.67 4 (06/2020) EXHIBIT D TO ORDINANCE NO. 2020-010 3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following: extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-R1 IE; extending south to the south section lines of T17S-R12E sections 4,5,6 and T17S-RI1E sections 1,2,3; and extending east to Highway 97. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10) and any residential use. The provisions of DCC 18.124 also apply. 1. The windows must be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls which abut sidewalks or streets. 2. Required window areas shall be either windows that allow views into working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal, required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in DCC 18.67.040(C)(10) that is located adjacent to or across a local or collector from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage, or off-street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070 (D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.67.040(I)(4). 3. Rear Yard. No specific requirement, subject to DCC 18.67.040 (I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures or substantial alteration of a structure requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (( rd,020-010 64, 202Ord. 2016-015 §6, 2016; Ord. 2015-004 §5, 2015; Ord. 2004-013 §7, 2004; Ord. 2004-002 §19, 2004; Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001; Ord. 2000-033 §11, 2000; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) Chapter 18.67 5 (06/2020) EXHIBIT D TO ORDINANCE NO. 2020-010 Chapter 18.74. RURAL COMMERCIAL ZONE 18.74.020. Uses Permitted — Deschutes Junction and Deschutes River Woods Store. 18.74.027. Uses Permitted — Pine Forest and Rosland. 18.74.020. Uses Permitted —Deschutes Junction and Deschutes River Woods Store. U .Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses. a. Restaurant, cafe or delicatessen. b. Grocery store. c. Tavern. d. Retail sporting goods and guide services. e. Barber and beauty shop. f. General store. g. Video store. h. Antique, art, craft, novelty and second hand sales if conducted completely within an enclosed building. 2. Expansion of a nonconforming use listed under section B(1)(a-h), existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Retail sales of agricultural or farm products. b. Farm machinery sales and repair. c. Kennel. d. Veterinary clinic. e. Automobile service station and repair garage, towing service, fuel storage and sales. f. Public or semi-public use. g. Residential use in the same building as a use permitted by this chapter. h. Park or playground. 4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as of 11 /05/2002, the date this chapter was adopted, shall be limited to 3,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. t)ses I'c^z_tnitte(I Sullied t<�._Site .loll Re\iG�i^I Ile follov"il , t1se4 �rld I'll Cir IcCeSSOI�' u S til D1i>>itIed su[�j_cEt io_t11 t i li�al)IC Dlovision5 0l tlli5 ch<1_tc1_1 €_[f5__I_I_GL .t?E_l,>I ni ntzi� i ion-� 3ci15,in<i C `C' 18.1 74_Site Plat_1 Rc v ic�� , o this title:_ l . C h11cf c:�i1 ci �c:illt� �t1rc{;'off ,11 � _sc l�cx�l. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. b. Utility facility. c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). e d. Church. Chapter 18.74 EXHIBIT E TO ORDINANCE NO. 2020-010 4-e. School. 2. Recreational vehicle park 3. Mini -storage facilities limited to 35,000 square feet in size. 4. Marijuana retailing, subject to the provisions of DCC 18.116.330. (C)rd 2020 010S, 20�0: Ord. 2016-015 §7, 2016; Ord. 2015-004 §7, 2015; Ord. 2008-008 §1, 2008; Ord. 2004-002 §20, 2004; Ord. 2002-019 §2, 2002) 18.74.027. Uses Permitted — Pine Forest and Rosland. A. Uses Permitted Outright. Any use listed as a use permitted outright by DCC 18.74.020(A). B. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124: 1. A building or buildings each not exceeding 2,500 square feet of floor space to be used by any combination of the following uses that serve the surrounding rural area or the travel needs of persons passing through the area: a. Eating and drinking establishments. b. Retail store, office and service establishments. c. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 2,500 square feet or 25 percent of the size of the building (or portion of the building) housing the nonconforming use as of said date, whichever is greater. 3. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any combination of the following uses: a. Sales of agricultural or farm products. b. Farm machinery sales and repair. c. Kennel or veterinary clinic. d. Automobile service station, repair garage, towing service, fuel storage and fuel sales. e. Public or semi-public use. f. Residential use in the same building as a use permitted in this chapter. g. Park or playground. 4. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 3,500 square feet each or 25 percent of the size of the building (or portion of the building) housing the nonconforming use as of said date, whichever is greater. ch'Ici caiv llicilii atid'or i cschool.. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any of the following uses: a. Home occupation as defined in DCC 18.04. b. Utility facility. c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). e(i. Church. fe. School. gxf. Marijuana retailing, subject to the provisions of DCC 18.116.330. 2. Recreational vehicle park. 3. Mini -storage facilities limited to 35,000 square feet in size. (Ctra_?020-01065,_2020,Ord. 2016-015 §7, 2016; Ord. 2015-004 §7, 2015, Ord. 2008-008 §1, 2008; Ord. 2007-007 §1, 2007; Ord. 2003-080, §1, 2003) Chapter 18.74 EXHIBIT E TO ORDINANCE NO. 2020-010 Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.215. Family Child_ re Provider. 18 116.r36(). Indur, to S ltgvt�l�. 18.116.215. Family Childge e-� Ware Provider. A. A family child-care 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 child -care provider's home is subject to the same restrictions imposed on any residential dwelling in the same residential or commercial zone. (Ord. 2020010.�(i.`2020_, Ord. 97-003 §3, 1997) 18,116,360. , Nursery y Schools. Nursery sc ligols sballpro i(le aiid inai,iitaiii at:_Icast ,100 5clu,l}_ i ct_cri ctutcfc�gi p<tti'.<t� A Si lit_obscurit�,<> ienc� at ie�iSt iour_i�et [-)'Lit 1ircttV'1li<til _is fLct hi1711 sl-lall sclx1rate the 1) a�_ area (rom tdioiililig lots. 13. 1�ttrscrti cliools hi Wildl fc A,retC'oW)6irrrtsr'oiic are crhl�c.:t to j_h_0 1)ro\,isicnr5_c�l_.1)('(_'. _ _ 18.88. (Orc_i,._ 0220_-010 �6_,_2020) Chapter 18.116 (06/2020) EXHIBIT F to ORDINANCE NO. 2020-010 Chapter 18.128. CONDITIONAL USE 18.128.190. Schools. 18.128.190. Schools. A4- A 4(ali4- obsc-tt it € e z btu- {-4mv.. ''-- t-lam; -not-ill ti -i-4mi4x-fee4-11;1-."11a1I e .stay ,.Secondary schools shall provide a site area of 10 acres plus one additional acre for each 100 B. pupils of predicted ultimate enrollment. G13.Notwithstanding DCC 18.128.190(RA), private academic secondary schools with an enrollment of fewer than 50 students shall provide a minimum site area of one acre for every 10 students of predicted ultimate enrollment, with a minimum site area of not less than two acres. DC.Schools in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. QM, 2020-010 0_2020r Ord. 98-013 §4, 1998; Ord. 97-022 §1, 1997; Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) Chapter 18.128 (06/2020) EXHIBIT G TO ORDINANCE NO. 2020-010 Chapter 19.04. TITLE, COMPLIANCE, APPLICABILITY, AND DEFINITIONS 19.04.040. Definitions. `"Cli dd care facility as used _in_ l ltle 1_9 is del-med.in ORS 29A. "Day care center or facility",we c hi,ld care F 1��ii(a, c.hi,ld_ ltc 1piovicle mealls a c.l)ild_Care JWOVidel.W110 i-e�trill_l1:.IV_DFO idLs_cl-lild care ill the...homc cif file provider to ii It more Iliaii_.16 dilldreti._iilCludim, dii,1cire_il_()l the J rovidei rci 3rdless of iLlll-iime or pai_T_ ------ time stallls. T esc_hool isoscd ill,-_l itl�___-1_9 is decided ill ORS . 29A as -pr scljool icc_mde cl pro ;ram (€)id-2020-010- 8 ''020: Ord. 2017-009 §7, 2017; Ord. 2016-016 §1, 2016; Ord. 2014-016 §1, 2014; Ord. 2013-013 §1; Ord. 99-001 §§2-4, 1999; Ord. 97-038 §1, 1997; Ord. 97-017 §1, 1996; Ord. 96-071 §1D, 1996; Ord. 95-045 §15, 1995; Ord. 94 027 §§1 & 2, 1994; Ord. 92-043 §1, 1992; Ord. 91 029 §§1, 8, 9 and 10, 1991; Ord. 91-001 §1, 1991; Ord. 90-038 §1, 1990; Ord. 90-007 §1, 1990; Ord. 88-042 §3, 1988; Ord. 86-058 §1, 1986; Ord. 86-055 §1, 1986; Ord. 86-033 §1, 1983; Ord. 86-032 §1, 1986; Ord. 86-017 §1 Exhibit a, 1986; Ord. 830945 § 1, 1983; Ord. 83-041 §2, 1983; Ord. 80-217 § I Exhibit A, 1980) Chapter 19.04 1 (06/2020) EXHIBIT H TO ORDINANCE NO. 2020-010 Chapter 19.20. SUBURBAN LOW DENSITY RESIDENTIAL ZONE - SR 2 1/2 19.20.020. Permitted Uses. 19.20.030. Conditional Uses. 19.20.020. Permitted Uses. The following uses are permitted: A. Single-family dwelling. B. Agriculture, excluding the keeping of livestock. C. Home occupations subject to DCC 19.88.140. D. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. E. Accessory Dwelling Units, subject to DCC 19.92.150. FC:I7ild C, Ire 1"Iilily a111 or_orecIlool_ (Ord.._�E�20-010 _69 2020 Ord. 2019-009 §5, 2019; Ord. 93-018-1 §3, 1993; Ord. 91-001 §4, 1991, Ord. 88-042 §6, 1988) 19.20.030. Conditional Uses. The following conditional uses may be permitted subject to a conditional use permit as provided in DCC 19.76 and 19.100: A. Churches subject to DCC 19.88.040. B. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries provided that no mortuary or crematorium is within 100 feet of a boundary street, or where no street borders the cemetery, within 200 feet of a lot in a residential district and subject to DCC 19.88.030. C. Community buildings, lodge and fraternal organizations, except those carried on as a business for profit, and subject to DCC 19.88.050. D. Public, parochial and private schools, including kindergartens but not including business, dancing, trade, technical or similar schools subject to DCC 19.88.160. E. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or repair yards, warehouses or similar uses. F. Recreation facilities, public or private; but not including such intensive commercial recreation uses as a racetrack or amusement park. G. Utility substations or pumping stations with no equipment storage and sewage treatment facilities subject to DCC 19.88.120. H. Keeping of livestock subject to DCC 19.88.070. I. Kennel or commercial riding stable subject to DCC 19.88.020. J. Planned unit development subject to the provisions of DCC 19.104. K. Plant nurseries subject to DCC 19.88.180. L. Hydroelectric facility subject to DCC 19.88 and 19.100. M. Time share unit subject to DCC 19.88.230. (Qrd, 202.0_010�9,. 2020. Ord. 91-001 §5, 1991, Ord. 88-042 §7, 1988; Ord. 86-017 §5, 1986; Ord. 83-045 §3, 1983; Ord. 81-006 §2, 1981) Chapter 19.20 1 (06/2020) EXHIBIT I TO ORDINANCE NO. 2020-010 Chapter 19.28. URBAN STANDARD RESIDENTIAL ZONE - RS 19.28.020. Permitted Uses. 19.28.030. Conditional Uses. 19.28.010. Purpose. The RS Zone is intended to provide for the most common urban residential densities in places where community sewer services are or will be available and to encourage, accommodate, maintain and protect a suitable environment for family living. (Ord. 90-038 §l, 1990) 19.28.020. Permitted Uses. The following uses are permitted: A. Single-family dwelling. B. Agriculture, excluding the keeping of livestock. C. Rooming and boarding of not more than two persons. D. Home occupation subject to the provisions of DCC 19.88.140. E. Other accessory uses and buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. 1. c_hild c<,irc tag ility and/or preschool. (0 rd._2020 010 �',10 2020., Ord. 90-038 §1, 1990) 19.28.030. Conditional Uses. The following uses may be permitted subject to a conditional use permit and the provisions of DCC 19.76 and 19.100: A. Manufactured home subdivision subject to standards of DCC 19.88.280. B. Churches subject to DCC 19.88.040. C. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries provided that no mortuary or crematorium is within 100 feet of a boundary street, or where no street borders the cemetery, within 200 feet of a lot in a residential district and subject to DCC 19.88.030. D. Public, parochial and private schools, including �a ��1� 3cs, kindergartens—sr�i <i, rt �';; excluding business, dancing, trade, technical or similar schools subject to DCC 19.88.160. E. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or repair yards, warehouses or similar uses. F. Recreation facilities, including country clubs, golf courses, swimming clubs, tennis clubs; but not including such intensive commercial recreation uses as a racetrack or amusement park. G. Utility substations or pumping stations with no equipment storage or sewage treatment facilities. H. Planned unit developments subject to provisions of DCC 19.104. I. Temporary subdivision tract offices. J. Rear lot development subject to site plan approval as provided in DCC 19.76 and DCC 19.88.130. K. Community buildings, lodge and fraternal organizations, except those carried on as a business for profit and subject to DCC 19.88.050. L. Duplex in areas designated RS provided that each lot occupied by a duplex shall have a minimum area of 12,000 square feet. M. Two single-family dwellings on one lot in areas designated RS provided that each lot occupied by two single-family dwellings shall have a minimum area of 12,000 square feet and also provided that all yard and coverage requirements set forth in DCC 19.28.050 are observed. In addition, no dwelling unit shall Chapter 19.28 1 (06/2020) EXHIBIT J TO ORDINANCE NO. 2020-010 be located within 10 feet of any other dwelling unit on the same lot. There shall be provided for the rear dwelling unoccupied and unobstructed access not less than 15 feet wide to the street fronting the lot. N. Keeping of livestock subject to DCC 19.88.070. O. Moving in a single-family dwelling built prior to January 1, 1961. P. Manufactured home park subject to DCC 19.88.280. Q. Condominiums. R. Plant nurseries subject to DCC 19.88.180. S. Time share unit or the creation thereof, subject to DCC 19.88.230. T. Hydroelectric facility in accordance with DCC 19.100 and DCC 19.88.190. U. Dwelling groups, subject to the provisions of DCC 19.88.250. V. Radio and television transmission facilities. W. Bed and breakfast inn, subject to the standards set forth in DCC 19.88.260. X. Residential care facility. Y. Zero Lot Line Subdivision or Partition. Regulations for a side yard setback may be waived for an approved zero lot line subdivision or partition. (Qrd. 2020--010 y 10, 2020 Ord. 90-038 §1, 1990; Ord. 88-042 §8, 1988; Ord. 86-017 §7, 1986; Ord. 83-045 §5, 1983; Ord. 81-006 §4, 1981) Chapter 19.28 2 (06/2020) EXHIBIT J TO ORDINANCE NO. 2020-010 Chapter 19.64. LIGHT INDUSTRIAL ZONE - IL 19.64.020. Permitted Uses. 19.64.030. Conditional Uses. 19.64.020. Permitted Uses. The following uses are permitted in the IL Zone subject to the provisions of DCC 19.76. A. Any permitted use in the IP Zone. B. Cold storage plants, including storage and office. C. Fuel oil distributors. D. Printing, publishing and book binding. E. Public utility buildings and yards. F. Veterinary clinic and hospitals operated entirely within an enclosed building. G. Light fabrication and repair shops, such as blacksmith, cabinet, electric motor, heating, machine, sheet metal, sign, stone monuments, upholstery and welding. H. Assembly, manufacture or preparation of articles and merchandise from the following previously prepared types of materials: Bone, canvas, cellophane, cloth, cork, feathers, felt, leather, precious or semiprecious metal or stones, shell, textiles, tobacco, wax, wire, wood (excluding sawmills, lumber mills, planing mills, molding plants, particle board, wafer board, plywood and pulp process) yarns and paint not employing a boiling process. I. Manufacture, compounding, processing, packing or treatment of such products as bakery goods, candy, cosmetics, dairy products and meat, drugs, perfume, pharmaceuticals, perfumed toilet soap, toiletries; excluding the rendering of fats and oils, fish and meat slaughtering and fermented foods, such as sauerkraut, vinegar and yeast. J. Processing uses such as bottling plants, creameries, laboratories, blueprinting and photocopying, laundries, carpet and rug cleaning plants, cleaning and dyeing plants, tire retreading, recapping and rebuilding. K. Contractor's equipment, storage or sale yard, house mover, delivery vehicles, transit storage, trucking terminal and used equipment in operable condition. L. Manufacture of concrete products and ceramic products using only previously pulverized clay. M. Manufacture of musical instruments, novelties, rubber or metal stamps, toys, optical goods or precision instruments or equipment. N. Manufacture of artificial limbs, dentures, hearing aids, surgical instruments and dressings and other devices employed by the medical and dental professions. O. Mini storage units. P. Planned unit developments subject to the provisions of DCC 19.104. Q. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted. R. Wholesale distribution of all standard types of prepared or packaged merchandise such as automobile supplies, drug and electrical supplies, furniture, food products, hardware, leather goods, plumbing supplies, textiles and fabrics and general merchandise. S. Public buildings. 1 _C liild care lauility iiid/or_pr s i_i ol-= 2020.01_0 �1 1 _10 70;_Ord. 92-043 §2, 1992; Ord. 88-042 §§27, 28 and 29, 1988) 19.64.030. Conditional Uses. The following Conditional Uses may be permitted subject to a Conditional Use Permit and the provisions of DCC 19.76 and 19.100: Chapter 19.64 1 (06/2020) EXHIBIT K TO ORDINANCE NO. 2020-010 A. Building over 35 feet in height. B. Livestock feed and sales yard. C. Ambulance service. D. Service commercial uses such as banks, offices, restaurants, cafes, refreshment stands, bars and taverns. E. All types of automobile, motorcycle and truck sales, service, repair and rental. Automobile and truck service stations subject to DCC 19.88. F. Boat building and repair. G. Retail or combination retail/wholesale lumber and building materials yard, not including concrete mixing. H. Trailer sales, storage and rental. I. Commercial parking lot. J. N E> a E UJndergarten,, K. Hydroelectric facility in accordance with DCC 19.100 and DCC 19.88.190. L. Manufactured home sales and service. (q!d. 2Q')0-01-0..1 1,_2_0M-,_Ord. 92-008 §1, 1992, Ord. 88-042, 1988; Ord. 86-017 §13, 1986) Chapter 19.64 2 (06/2020) EXHIBIT K TO ORDINANCE NO. 2020-010 FINDINGS 1. BACKGROUND Deschutes County is considered a "child care desert" according to Oregon's Child Care Deserts: Mapping Supply by Age Group, Metropolitan Status, and Percentage of Publicly Funded Slots, a report commissioned by Oregon State University and the Oregon Early Learning Division.' A county is considered a child care desert if fewer than 33 percent of the county's children have access to a slot (three young children for every child care slot). Slots are defined as regulated child care slots, including Certified Centers, Certified Family, and Registered Family Providers.2 As shown in Table 1, Deschutes County is a child care desert for infants, toddlers and preschoolers. Table 1. Percent of Children in Deschutes County with Access to a Regulated Slot County 0-2 year olds 3-5 year olds Total 0-5 year olds Deschutes 11 % 28% 20% II. EXISTING CODE Deschutes County Code (DCC) contains several definitions relating to child care: Title 18 County Zoning Ordinance3 "Child care center" means a child care facility that is certified to care for thirteen or more children or a childcare facility that was not constructed as single family home that is certified to care for 12 or fewer children. 2. "Family child care provider" means a child care provider who regularly provides childcare to fewer than 13 children, including children of the provider (regardless of part- or full-time status), in the family living quarters of the provider's single-family home. 3. "Nursery, day" means a facility providing day care to three or more children, aged 14 years or under, but not including any: A. Facility providing care that is primarily educational unless provided to a preschool child for more than four hours a day; 1 httpss://health oregonstate edu/sites/health oregonstate edu/files/early-learners/odf/oregon-child-care-deserts-01-29- 2019.pdf z Regulated includes Certified Centers, Certified Family, and Registered Family Providers 3 DCC 18.04.030. Definitions PAGE 1 OF 14 — FINDINGS — EXHIBIT L TO ORDINANCE NO. 2020-010 B Facility providing care that is primarily supervised training in a specific subject, including but not limited to dancing, drama, music or religion; C. Facility providing care that is primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group; D. Facility operated by a school district or governmental agency; or E. Residential facility licensed under ORS 443.400 to 443.445 and 443.991(2). Title 19 Bend Urban Area Zoning 1. "Babysitter" means a person who provides day care services for children in the home of the babysitter for not more than five children for eight or more hours in a 24 hour period as a home occupation. 2. "Day care center or facility" means an agency, organization or individual providing daytime care of six or more children not related by blood, marriage to, or not the legal wards or foster children of the attendant adult. (Nursery.) Table 2 summarizes the zones currently permitting child care uses in rural Deschutes County. Table 2. Existing Child Care Zoning Code I Description Title 18 - County Zoning Chapter 18.65, Rural Service 18.65.022 - Alfalfa RSC - Residential District Center - !Unincorporated (C) Conditional Uses Permitted Community Zone (3) Daycare facility 18.04,030 - Definitions "Family child care provider" means a child care provider Chapter 18.04, Title, Purpose, and who regularly provides childcare to fewer than 13 children, Definitions including children of the provider (regardless of part- or full- time status), in the family living quarters of the provider's single-family home. 18.66.020 - Residential (TeR) District (B) Conditional Uses Permitted (7) Child care center 18.66.030 - Residential-5 Acre Minimum (TeR5) District Chapter 18.66, Terrebonne Rural (B) Conditional Uses Permitted Community Districts (7) Child care center 18.66.040 - Commercial (TeC) District (C) Conditional Uses Permitted (6) Child care center ° DCC 19.04.040. Definitions PAGE 2 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 Code Description 18.67.020 - Residential (TuR) District (B) Conditional Uses Permitted (6) Child care center 18.66.030 - Residential-5 Acre Minimum (TuRS) District Chapter 18.67, Tumalo Rural (B) Conditional Uses Permitted Community Districts (4) Child care center 18.66.040 - Commercial (TuC) District (C) Conditional Uses Permitted (3) Child care center 18.74.020 - Uses Permitted - Deschutes junction and Deschutes River Woods Store (C) Conditional Uses Permitted Chapter 18.74, Rural Commercial (1)(d) Child care center Zone 18.74.027 - Uses Permitted - Pine Forest and Rosland (C) Conditional Uses Permitted (1)(d) Child care center 18.108.055 -Town Center - TC District (A) Uses Permitted Outright Chapter 18.108, Urban (1)(h) Child care center, preschool, daycare facility Unincorporated Community Zone - Sunriver 18.108.110 -Business Park - BP District (A) Uses Permitted Outright (7) Child care center, preschool, daycare facility 18.110.020 - Seventh Mountain/Widgi Creek and Black Chapter 18.110. Resort Butte Ranch Resort Districts Community Zone (B). Uses Permitted Subject to Site Plan Review (6) Daycare facility 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 Chapter 18.116, Supplementary residential and commercial purposes, including areas Provisions 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. 18.128.190 - Schools (A) Nursery schools shall provide and maintain at least 100 square feet of outdoor play area per child. A sight Chapter 18.128, Conditional Uses obscuring fence at least four feet but not more than six feet high shall separate the play area from adjoining lots. (C) Schools in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. PAGE 3 OF 14 — FINDINGS — EXHIBIT L TO ORDINANCE NO. 2020-010 Code Description Title 19 - Bend Urban Area Zoning Ordinance 19.12.020 - Permitted Uses Chapter 19.12, Urban Area (E) Day care center facilities subject to site review, DCC Reserve Zone 19.76 and DCC 19.88.160. 19.20.030 - Conditional Uses (D) Public, parochial and private schools, including nursery Chapter 19.20, Suburban Low schools, kindergartens and day nurseries; but not including Density Residential Zone business, dancing, trade, technical or similar schools subject to DCC 19.88.160. 19.28.030 - Conditional Uses (D) Public, parochial and private schools, including nursery Chapter 19.28, Urban Standard schools, kindergartens and day nurseries; but not including Residential Zone business, dancing, trade, technical or similar schools subject to DCC 19.88.160. Chapter 19.64, Light Industrial 19.64.030 - Conditional Uses Zone 0) Nursery school, kindergarten and day care facility. Title 19A - Bend Urbanizable Area District 19.A.01.020 - Permitted and Conditional Uses Title 19A, Bend Urbanizable Area Table 19A.01.020 - Permitted Land Uses Family childcare home (16 or fewer children) Title 21 - Sisters Urban Area Zoning Ordinance 21.16.20 - Permitted Uses Title 21.16 - Urban Area Reserve (F) Day Care Center facilities subject to site review DCC Zone 21.44 and 21.44. III. PROPOSAL The Board of County Commissioners directed staff to initiate a legislative amendment to change day care, preschool, day nurseries, and child care facilities from a conditional use permit to a use permitted outright, subject to site plan review. The amendments would not add child care facilities as a use to zones that do not already allow them in some capacity. The amendments also clarify the definition of "family child care provider" to correspond with Oregon Revised Statutes; family child care homes or providers are considered a residential use of property per ORS 329A.440 and Deschutes County Code 18.116.215, and are permitted in all areas zoned for residential and commercial purposes, including areas zoned for single-family dwellings. Lastly, the proposed amendments consolidate all child care -related definitions noted above in Titles 18 and 19 by adding a new term, "child care facility," which directly references ORS 329A. This is intended to eliminate confusion between Titles 18 and 19 as well as within each PAGE 4 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 chapter, where multiple terms —some of which lacked definitions —were utilized. Similarly, the amendments add a definition for "preschool," referring to the definitions in ORS 329A. The proposed amendments to Deschutes County Code (DCC) Title 18, County Zoning and Title 19, Bend Urban Area Zoning Ordinance are outlined in Ordinance No. 2020-010. Deschutes County is amending 7 chapters of DCC Title 18 and 4 chapters in DCC Title 19. Added language is underlined and deleted shown as strikethrn6 firth, Table 3 summarizes the amendments. Table 3: Summary of Child Care Amendments Code Description Title 18- County Zoning Chapter 18.04, Title, Purpose, and Definitions Adds and deletes: 18.04.030 - Definitions "Child care center" see "child care facility." meaRF, a child core ref rift r th t x single family home chilrlr a RQt G9RS4Weted that is r rtifi rlytn c ref r 1 2 ilri er fe;nfer rhren ae "Child care facility" as used in Title 18 is defined in ORS 329A. "Family child care provider" means a child care provider who regularly provides child care in the home of the provider to not more than 16 children including children of the provider, ragardless of full-time orpart-time status. f nier *h-.^ 12 children t fi is\ 'n f liv' g of the nreyider's single familr the rMy quarteFs i-Fem e. "Nursery, day" see "child care facility." meaRS, fadlity nrn"iding d@a g r to three MArP ehildreR, aged 14 9F Ymrler, _hy t net AP years inrlWning ana C dlifi ed 1Catinn that is primarily A PF9VidiRg caFe that is supervised tFa!RiRg OR a B Facility previding care primarily mi sic nr religion; S ensered by E)r ��-the athletic eF Secial activities Residential facility liceRFed6IRder ORS 442 nnn to 442 445 ;;Ad 1FE. 443�T "Preschoo►" as used in Title 18 is defiled in ORS 329A as "preschool recorded pl_ogram." PAGE 5 OF 14 — FINDINGS — EXHIBIT L TO ORDINANCE NO. 2020-010 Code Description Adds: 18.65.022 - Alfalfa RSC - Residential District (B) Uses Permitted Subject to Site Plan Review Chapter 18.65, Rural Service (4) Child care facility and/or Dreschool Center - Unincorporated Community Zone Deletes: 18.65.022 - Alfalfa RSC - Residential District (C) Conditional Use (3) Daycare f dliti Adds: 18.66.020 - Residential (TeR) District (B} Uses Permitted Subject to Site Plan Review. The followjn� uses and their accessory uses are permitted subject to the applicable provisions of this chapter, DCC 18.116 Supplementary Provisions and DCC 18 124 Site Plan Review, of this title: 1 Child care facility and/or preschool. 18.66.030 - Residential-5 Acre Minimum (TeR5) District (B)Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter DCC 18 116 Supplementary Provisions and DCC 18.124, Site Plan Review, of this title: Chapter 18.66, Terrebonne 1 Child care facility and/or preschool. Rural Community 18.66.040 - Commercial (TeC) District Districts (B) Uses Permitted, Subject to Site Plan Review 3. Child care facility and/or preschool. Deletes: 18.66.020 - Residential (TeR) District (C) Conditional Uses (7) Child r@re renter 18.66.030 - Residential-5 Acre Minimum (TeR5) District (C) Conditional Uses (7) Child care renter 18.66.040 - Commercial (TeC) District (C) Conditional Uses (ti) Child rare renter PAGE 6 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 Code Description Adds: 18.67.020 - Residential (TuR) District Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116 Supplementary Provisions, and DCC 18,124 Site Plan Review, of this title: 1 Child care facilityaaod/or preschool. 18.67.030 - Residential-5 Acre Minimum (TeRS) District (B) Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter, DCC 18.116, Su.lementar Pv revisions and DCC 18 124 Site Plan Review, of this title: 1 Child care facility and/or preschool. Chapter 18.67, Tumalo Rural Community Districts 18.67.040 - Commercial (TuC) District (B) Uses Permitted, Subject to Site Plan Review 3 Child care facility and/or preschool. Deletes: 18.67.020 - Residential (TuR) District (C) Conditional Uses (6) Child care renter 18.67.030 - Residential-5 Acre Minimum (TuRS) District (C) Conditional Uses (4) Child rare Center 18.67.040 - Commercial (TuC) District (C) Conditional Uses (3) Child rare renter Adds: 18.74.020 - Uses Permitted - Deschutes Junction and Deschutes River Woods Store LB Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter, DCC 18.116, Sup lementary Provisions, and DCC 18.124, Site Plan Review, of this title: 1 Child care facility and/or preschool. Chapter 18.74, Rural Commercial Zone 18.74.027 - Uses Permitted - Pine Forest and Rosland (g) Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter, DCC 18,116, Supplementary Provisions and DCC 18.124 Site Plan Review of this title: 1 Child care facility and/or preschool. Deletes: 18.74.020 - Uses Permitted - Deschutes Junction and Deschutes River Woods Store PAGE 7 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 Code Description (C) Conditional Uses (1 )(d) Child rare renter 18.74.027 - Uses Permitted - Pine Forest and Rosland (C) Conditional Uses (1)(d) ChO d rare router Chapter 18.116, Supplementary Provisions Adds: 18 116.360 - Nursery Schools A Nursery schools shall provide and maintain at least 100 square feet of outdoor play area per child A si h t obscurin fg ease at least four feet but not more than six feet high shall separate the play. B. Nursery schools in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. Chapter 18.128, Conditional Uses Deletes: feet child. A sight E)bSC-WF!Rg feRCe sqyare ef eutcleer play area per t least f9YF foot h t n t mn thap six feet high hall separate the Title 19 - Bend Urban Area Zoning Ordinance Chapter 19.04, Title, Compliance, Applicablity, and Definitions Adds and deletes: 19.04.040 - Definitions "Child care facility" as used in Title 18 is defined in ORS 329A. "Day care center or facility" see "child care facility."nheaRs art -- re ldra net by hl nrl -+Fria to nr not the le related ._d_ _._r_q_._ Aft h.. .,1+,-..-,. aRt ad hit (Nursery.) �Af_ children "Family child �rovider" means a child care provider who regularlprovides child care in the home of the provider to not provide more than 16 children including children of the r, regardless of full-time or part-time status. "Preschool" as used in Title 18 is defined in ORS 329A as "preschool recorded program." PAGE 8 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 Code Description Adds: 19.20.020 - Permitted Uses F Child care facility and/or preschool. Chapter 19.20, Suburban Deletes: Low Density Residential 19.20.030 -Conditional Uses Zone (D) Public, parochial and private schools, including RUFSeF schesfs kindergartens and day R rseries; but not including business, dancing, trade, technical or similar schools subject to DCC 19.88.160. Adds: 19.28.020 - Permitted Uses F. Child care facility and/or preschool. Chapter 19.28, Urban Standard Residential 19.28.030 - Conditional Uses Zone ((D) Public, parochial and private schools, including misery scheels kindergartens and day nurseries; but not including business, dancing, trade, technical or similar schools subject to DCC 19.88.160. Adds: 19.64.020 - Permitted Uses Chapter 19.64, Light T. Child care facility and/or preschool. Industrial Zone 19.64.030 - Conditional Uses m N „ser„ s, �, Kindergarten and day r-pro facirr„ IV. REVIEW CRITERIA Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative plan and text amendment. Nonetheless, because this is a Deschutes County -initiated amendment, the County bears the responsibility for demonstrating that the amendments are consistent with the Statewide Planning Goals and its Comprehensive Plan. V. FINDINGS A. CHAPTER 22.12, LEGISLATIVE PROCEDURES 1. Section 22.12.010. Hearing Required FINDING: This criterion will be met because a public hearing was held before the Deschutes County Planning Commission and Board of County Commissioners. PAGE 9 OF 14 — FINDINGS —EXHIBIT L TO ORDINANCE NO. 2020-010 2. 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 will be met as notice was published in the Bend Bulletin newspaper on May 3, 2020 for the Planning Commission public hearing, and on May 24, 2020 for the Board of County Commissioners' public hearing. 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 will be met as notice was posted for each hearing on the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend. 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: Given the proposed legislative amendments do not apply to any specific property, no individual notices were sent. 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. 3. 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 Board of County Commissioners, and has received a fee waiver. This criterion has been met. 4. Section 22 12.040. Hearings Body PAGE 10 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 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 Deschutes County Planning Commission held the initial public hearing on May 14, 2020. The Board then held a public hearing on June 3, 2020. These criteria are met. 5. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included will be implemented by Ordinance No. 2020- 010 upon approval and adoption by the Board of County Commissioners. This criterion will be met. B. Statewide Planning Goals The parameters for evaluating these specific amendments are based on an adequate factual base and supportive evidence demonstrating consistency with Statewide Planning Goals. The following findings demonstrate that the proposed amendments comply with applicable statewide planning goals and state law. Goal 1, Citizen Involvement The adoption process for the proposed amendments included a public hearing before the Planning Commission and the Board of County Commissioners, consistent with ORS 215.060 and DCC 22.12.010. This goal is met. Goal 2, Land Use Planning ORS 197.610 allows local governments to initiate post -acknowledgment plan amendments (PAPAs). An Oregon Department of Land Conservation and Development 35-day notice was initiated on March 19, 2020. No comments were received from the Department of Land Conservation and Development. This finding document provides the adequate factual basis and documented analysis for this plan and zoning text amendment. This goal is met. Goal 3, Agricultural Lands The proposed amendments do not apply to agricultural lands. This goal does not apply. Goal 4, Forest Lands The proposed amendments do not apply to forest lands. This goal does not apply. Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces PAGE 11 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 This goal is not applicable because the proposed amendments only grant the County the authority to approve applications to allow childcare uses. No development or land use changes are being proposed that might impact Goal 5 protected natural resources, scenic and historic areas, or open spaces. Any future application for a site -specific childcare use will have to demonstrate consistency with Goal 5. • Goal 6, Air, Water and Land Resources Quality and Goal 7, Natural Hazards This goal is not applicable because the proposed amendments only grant the County the authority to approve applications to allow childcare uses. No development or land use changes are being proposed that impact air, water and land resource qualities. Any future applications for a site -specific childcare use will have to demonstrate consistency with Goal 6. • Goal 8, Recreational Needs This goal is not applicable because the proposed amendments only grant the County the authority to approve applications to allow childcare uses. No development or land use changes are being proposed on recreational resources. Any future applications for a site - specific childcare use will have to demonstrate consistency with Goal 8. • Goal 9, Economic Development Goal 9 is intended to provide adequate opportunities throughout the state for a variety of economic activities, Goal 9 requires that land be designated for commercial and industrial uses according to the needs of the local and regional economy, current economic base, workforce, availability of land, availability of key public facilities, etc. Practically speaking, Goal 9 has required communities to preserve employment and industrial land for future business uses. The proposal would allow for childcare uses as use permitted outright, subject to site plan review, to meet the child care needs of the economy, the economic base and the work force. Therefore, the proposed amendment is consistent with this Goal. • Goal 10, Housing This goal is not applicable because, unlike municipalities, unincorporated areas are not obligated to fulfill Goal 10 housing requirements. Furthermore, no development or land use changes are being proposed that relate to or impact housing. • Goal 11, Public Facilities This goal is not applicable because the proposed amendments only grant the County the authority to approve applications to allow childcare uses. No development or land use changes are being proposed that impact public facilities. Any future applications for a site - specific childcare use will have to demonstrate consistency with Goal 11. • Goal 12, Transportation Goal 12 requires that the subject property be consistent with adopted transportation plans. Although the majority of the policies set forth in Goal 12 relate to the establishment of a comprehensive transportation system plan (TSP), they also require an application to PAGE 12 OF 14 - FINDINGS -EXHIBIT L TO ORDINANCE NO. 2020-010 demonstrate that a proposal is consistent with the Transportation Planning Rule (TPR), as implemented through OAR 660-012-0060(1), which states that, "Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility." The proposed use will not change the functional classification of any arterial or collector nor change the applicable access management standards. The County's performance standards will also remain Level of Service (LOS D) for intersections and road segments. For an unsignalized intersection, which describes either a driveway or an intersection with stops signs, LOS D is 35-55 seconds delay. For road segments, the Deschutes County Transportation System Plan (TSP) defines LOS D as 9,600 average daily traffic (ADT). Delay is affected by volumes on the through road and the driveway or side street. In the case of the driveway, zoning controls the potential trip generation. A Day Care Center (Land Use 565) in the 10t' edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual. is predicted to generate 47.62 weekday trips per 1,000 square feet and 11 a.m. and 11.12 p.m. peak hour trips per 1,000 square feet. However, these trip generation rates are reduced as Day Care Centers have a high pass -by rate. In other words, the parents are typically already driving to/from work and drop off/pick up their children on the way. The County in its transportation system development charge (SDC) credits Day Cares with a 90% pass -by rate. This is based on observation and experience with these uses. Thus, a Day Care Center could be expected to generate approximately 1 new trip per 1,000 square feet. The combination of low trip generation rates due to high pass -by rate and the low volumes on County roads means the effect of adding Day Cares to County zones would have a minimal effect. This minimal effect holds regardless of whether Day Care is added as a new outright permitted use to existing zones or made an outright permitted use in zones where Day Care is now a conditional use. The plan amendment does not result in any significant effect and thus complies with the TPR. • Goal 13, Energy Conservation This goal is not applicable because the proposed amendments only grant the County the authority to approve applications to allow childcare uses. No development or land use changes are being proposed that impact energy conservation. Any future applications for a site -specific childcare use will have to demonstrate consistency with Goal 13. • Goal 14, Urbanization The purpose of Goal 14 is to direct urban uses to areas inside urban growth boundaries. As proposed amendments do not seek to allow urban uses on rural land, nor do they seek to expand an existing urban growth boundary, this goal does not apply. Goals 15 through 19 PAGE 13 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 Deschutes County does not contain any of the relevant land types included in Goals 15-19. Therefore these goals do not apply. C. Deschutes County Comprehensive Plan Chapter 3, Rural Growth Management Section 3.4, Rural Economy Policies Goal 1 Maintain a stable and sustainable rural economy, compatible with rural lifestyles and a healthy economy 3.4.1 Promote rural economic initiatives, including home -based businesses, that maintain the integrity of the rural character and the natural environment a. Review land use regulations to identify legal and appropriate rural economic development opportunities FINDING: There is a documented need for child care in Deschutes County. Child care is a supportive commercial use that directly accommodates the needs of County residents. The typical size of a child care facility is 2,000-4,000 square feet in size; child care facilities are generally small scale and low impact, assuring conformance with Policy 3.4.1. PAGE 14 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 May 28, 2020 TO: County Leaders FROM: Governor Kate Brown SUBJ: Process for Entering Phase II Encountering this global pandemic here at home has dramatically changed the way Oregonians live and do business. Counties across Oregon took lifesaving steps in compliance with my Stay Home, Save Lives Executive Order. Now, Oregon is reopening, cautiously and thoughtfully, county by county, in a phased regional manner. This approach is guided by data and metrics to ensure that our public health infrastructure is adequate to safeguard the health and safety of Oregonians across the state, as we continue to respond to this public health crisis. To date, most counties in Oregon have entered Phase I. To enter Phase I, a county must successfully demonstrate that it meets certain public health prerequisites in order to safely reopen business and public life. Likewise, to enter Phase II, a county must again ensure that crucial public health metrics have been satisfied. This letter outlines the process for counties to request to enter Phase II of the reopening process. As prescribed in the A Safe and Strong Oregon, Executive Order 20-25, a county may only enter Phase II after 21 days in Phase 1. A county may request to move into Phase II any time after 14 days in Phase I. If a county submits a letter of request and meets the criteria outlined below, it may be approved to move to Phase II. A letter of request to move into Phase II must contain: • The date the county is requesting to enter Phase II; • A re -attestation that county first responders have sufficient Personal Protective Equipment (PPE); • The number of trained contact tracers currently available to the county; and • Any substantive changes to responses submitted in the Phase I application regarding meeting Phase I prerequisites. Upon receiving a request, the Governor's Office and the Oregon Health Authority (OHA) will review the application and ensure that the original prerequisites remain satisfied and that additional criteria are met to enter Phase II. Both the original prerequisites and the additional criteria are listed below. For any county to enter Phase II, all of the following prerequisites and criteria must be met. 254 STATE CAPITOL, SALEM OR 97301-4047 (503) 378-3111 FAX (503) 378-8970 WWW.GOVERNOR. OREGON.GOV County Leaders Process for Entering Phase II May 28, 2020 Page 2 Original Prerequisites: 1. Over the previous 14-day period, the percentage of emergency department visits for COVID-19-like illnesses (CLI) for the state as a whole must be less than the historic average for flu at the same time of year. *OHA tracks these data and will confirm that the state meets this metric. 2. Over the previous 14-day period, a county must show stable or declining hospital admissions for COVID-19. (*This metric only applies to counties with more than 5 hospitalized cases in the last 28 days.) *OHA tracks these data and will confirm whether the county meets this metric. 3. A county must have an adequate Contact Tracing System, as previously defined. *Include number of contact tracers in request to move to Phase IT 4. In addition, a county must continue to maintain adequate isolation/quarantine facilities, a Minimum Testing Regimen, as previously defined, sufficient health care capacity to accommodate a 20% increase in suspected or confirmed COVID-19 hospitalizations, and sufficient PPE supply as reported to OHA's Hospital Capacity system. Additional criteria required to enter Phase II: OHA tracks these data. Counties should consider how they are meeting these criteria before requesting to move to Phase II, and describe mitigation efforts when criteria are not met. 5. Timely Follow -Up: A minimum of 95% of all new cases must be contact traced within 24 hours as reported in the state's ORPHEUS system over the previous 7 day and 14 day time periods. 6. Successful tracing: A minimum of 70% of new COVID-19 positive cases must be traced to an existing positive case over the previous 7 day and 14 day time periods. 7. No increase in incident cases or positivity:* a) There cannot be a five percent or greater increase in new cases in the county over the past 7 days; or b) There cannot be a significant increase in the percentage of positive cases out of total tests taken in your county over the past 7 days. *If a controlled outbreak in a group living or working facility is solely responsible for violating this criteria and where extensive follow-up testing and isolation has been successfully carried out, this criteria may be waived by the Governor with support from the Oregon Health Authority. If you feel you are ready to enter Phase II, please email me a letter signed by county management containing the information above to Jennifer.j.andrewL&oregon.gov. on c N V i Ln N S to Ln N _ Q V . Ln Ln to QJ Ln N ro O = - E > N 3 E L m m -0 0is a� Ln y_ i O - L L O O Ov +, ca - cn V � v v ca 4-j O al -0O _0 C 0 0 N � — r N 4- V, O c al E 0.0 v , Ln O Ln O Q a-+ o E � Ln �n O �- -� O V O w � W j N O_ i N O 'L E-_ O Q C O O 0- 6-E Q v=i Q a N LA Ou 4-J in (D ro N +-j ro c tn a1 C: (IJ tA c cu Ln ro 0 0 u- b m u Q) tn > Lt) = :E 0 0 > 0 u .— (D in R3 4- -0 tn 04 C)� 4-J -1-j u 4- tA +J -0 > aj 0 L- 4-1 0 D C: E 0 (o 0 0 u E (on 0 E +-j E tn 4-J 0 cy) =) ri L- 4- CL +-# V) c cu EE:) C: Lan) cu tf u E Gi cn M tA E 4v-) >0 Ln 'E C tA > �o —Cu < fu c:L a) tA w QV E aj 0) ai C) E 'M -0 r-I m D 0,0 z S >, (Ij u 4- u Ln L- (L) C aj ro 4- c C: W _0 L- C: — ru > 0 u E cn 0 0 4- 0 0) ai c Ln Ln Ln ai c- .7A aJ 0 aJ w C aj — ro L- 0-+.j =) tn ro > '- E 4' to ui ai tA D Ln 0 V, 0 CU pi E ai C 4- +J Ln 0. +, ro C: 4-J M C: aj c ai m to cr I w E E o- ro cu " ro Z a) -0 E 0 c ro _0 D D 0- Lon- D 0 < < cr Ln 30 In -C O 0 R k CC L- co C6 \moo C%j 0 CCC AE? /k �\\\ cc cc E E.0 S 2 � - - _ _ \k\ cu \ Q) 0 v > Ln CL tn tn W .— iA 4) m 4-J tn L- (o E E) tA E (0 (ij 4-J •:L > .— 0 0 r C L- M 0 4- U u < D 0 4- m CL Ln.E -C M 0 0 +1 t 0 W E 4-J th QJ > Ln >- 0 C: 0 u 0 Z o o 0 o o o Q o o o Ul 3: Ln 0 C m 0 0 kn -0 IA Ln W 4-J C: D w m t- o U- c m M 4- 0 0 E 0 x Ln fie CL l7 0 z tn (V Ln a) Ul E C: 4-J D _0 •0 C: rn Qj w ,Z-- E 00 r M 5; 0 C 0" 4-1 -ui E =+- x - t;i C: m• to 0 u >- In m 4-J cu 0 0 Un 0 U 0 C�L E :LJ tn 0 t 0 LL 0 � u mE-0 S U LA -0 Q 0 N aL Ln 0 Ln rq 0 4-J -0 :Lj E 2 . ro 4-J Ln C: fo ..W.o (0 o ZA '04 Zn Zn 0 C: E E x ru E 0 0 E QJ O (U u m +J Ln Ln D 0) 4-j 4-1 Ul cn 0 u 0 4-J -C 0 F-VI LO:41 E E E CL 0 _0 w 4-J E tn E D aj Ln D 2 Ln _0 Ul 0 0 N c 06 ra 'V O Ln 'L a--+ CL .. $A O U V i + %A V E = �m M O 4- D L 0- Ln E_ N O x V 4- Ln 'C E 0 �^ O v� > 0. i O O' m Ln O c cL' � 41 _ rnw .O � ( i � i vL- .v _CJ v O �• 'a O �7 v O J .�_ N N l7 Z a) c aJ E E 0 u O L 7& Ln 0 O c O tn _0 O 0 Ln C o C a"i t L- s v rl (JiLn Ln O c 01 0 v O 0 E � O �� VO ® L f0 v >o -ow kn cn c I- v ra l7 M 4 w tn � v � 0 J 'rai O E i m V) rn c u c _,n m u Ln t Q -J c a E a� L v L C 0 ro c t0 kn c E u c ra u u Alu 4-1 a1 1 O c1 a � X -c Q Ln L c c to _0 E v Q C — v a� O 0 a° :4-J N ate+ c fu Ln 'O O O Ln m cn •E c u fu > Ln -, o Q O O u 9) ,Ln � c t Ln t o m C i Ln Ln 0 4-J 0 0 O u a ro .N rn L v :01 u O � U .V f0 kn Ln 4J Q �� tB D U i O 4- +J +.j Ln C C 'i O Q P C .O Q- u al -C ao t �= O 4- _ (*; a� � v u m � n ro s 0) tn -0 a'E o O L EJ � I u O ?� - m 'C i N j ,� M M ? O p� U D O U Q .0 C C C ry L _ 4-j 4-, � p O O O � W 'a _ l!) D O June 1, 2020 Governor Kate Brown 900 Court Street, NE, Ste. 254 Salem, Oregon 97301-4047 Governor Brown, Deschutes County is requesting to enter Phase II of the State's Reopening process on Friday, June 6. In making this request, we certify the following: We attest that County first responders currently have sufficient Personal Protective Equipment; Deschutes County has 12 trained contact tracers available and is in the process of hiring three additional employees to assist with these efforts. We're working to expand contact tracing capacity by training local volunteers. This team is currently tracing 100% of all cases within 24 hours. Deschutes County has not identified any substantive changes since our Phase I application was submitted. We are carefully monitoring the six public health indicators that the Oregon Health Authority (OHA) is tracking. The State's current dashboard shows that we are meeting all but one of the indicators, which is a more than 5% increase in new cases the last seven days. However, as you know, this indicator is an "either/or" metric and we are meeting the companion metric, which is a decline in the percent of tests that result positive in the last seven days. It's also important to note that the data displayed in OHA's dashboard is a week old, and captures case increases that occurred between May 18 and May 24. When the State refreshes the dashboard on Thursday, we expect to meet that metric. Thank you for your consideration of our application to enter Phase II. Please feel free to contact us if you or your staff have follow-up questions. Thank you for approving this request. Sincerely, Patti Adair, Chair Anthony DeBone, Vice -Chair Phil Henderson, Commissioner 1300 NW Wall Street Bend, Oregon 97703 Z, (541) 388-6572 board@deschutes.org www.deschutes.org ES C0G o A 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 Monday Meeting of June 1, 2020 DATE: May 27, 2020 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Performance Measure Updates BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners establishes goals and objectives annually to guide department operations. Departments develop performance measures that align with the priorities established by the Board and monitor and report progress accordingly. During this presentation, selected departments will provide progress updates. FISCAL IMPLICATIONS: None ATTENDANCE: Whitney Hale, Administrative Services ES C4J4 BOARD OF COMMISSIONERS FY 2020 Goals and Objectives Mission Statement: Enhancing the lives of citizens by delivering quality services in a cost-effective manner. Safe Communities: Protect the community through planning, preparedness, and delivery of coordinated services. • Provide safe and secure communities through coordinated public safety services. • Reduce crime and recidivism through prevention, intervention, supervision and enforcement. • Collaborate with partners to prepare for and respond to emergencies and disasters. Healthy People: Enhance and protect the health and well-being of communities and their residents. Support and advance the health and safety of Deschutes County's residents. Promote well-being through behavioral health and community support programs. Help to sustain natural resources in balance with other community needs. Economic Vitality: Promote policies and actions that sustain and stimulate economic vitality. • Support affordable housing options through availability of lands and appropriate regulation. • Administer land use policies that promote livability. • Maintain a safe, efficient and economically sustainable transportation system. • Partner with organizations and manage County assets to attract business development, tourism, and recreation. Service Delivery: Provide solution -oriented service that is cost-effective and efficient. • Ensure quality service delivery through the use of innovative technology and systems. • Support and promote Deschutes County Customer Service "Every Time" standards. • Promote community participation and engagement with County government. • Preserve and enhance capital assets and strengthen fiscal security. • Provide collaborative internal support for County operations. Date: May 27, 2020 To: Board of County Commissioners From: Whitney Hale, Communications Director Re: Department Performance Measure Updates for Q3 Departments have completed their Q3 performance measure updates (see attached spreadsheet). Also attached is the full list of FY 2020 Goals and Objectives. At the June 1 Board meeting, the following departments will provide updates on progress made during Q3 on specific measures: • 9-1-1: Successfully complete the build and testing of our new Computer Aided Dispatch software and follow the process with appropriate internal staff and external partner agency training and deployment. • Community Development: Amend zoning code to comply with federal RLUIPA • Community Development: Achieve compliance with the ATT Operation and Maintenance reporting requirements. • District Attorney: Via our Goldilocks program, achieve a 20 percent drug recidivism rate. • Finance / Tax: Assist departments with the development of data extraction and analysis features of the new financial system including Power BI, Cubes and SSRS reports to enhance decision maker's access to relevant, current financial data. • Health Services: Offer a behavioral health appointment that falls within the seven day period post -discharge to 82.7% of individuals discharged from a hospital. • Information Technology: Develop Cybersecurity Program "to —be" profile depicting program five-year goals. Prioritize goals and make necessary budget requests for Fiscal 2021. Solid Waste: Meet or exceed the general industry compaction standard of 1,2000 Ib/cy. N �° i. W,'4_i� N 'o a) a) a. a—>QUwao crn p'. m rna rna m ° to . c . iA, s.. to m :c N u. mro C H ooc C7 m `one 3 aO 0, m �ao 10, _-o E o m m Cr m �Eo> o w mmo- w m °w wEm0wimm�omomm°0- oan HmoE -0mo'c 0 0E m o o v oo a aE aw00m ) N mo N to m .L., — a) 'v- C m ,L m C m —Vi N >a F- c6 ` m p a) C m .0 j N 01 N U 3 O c N� a) a) m OM N 0 a) U c 3 m c rn m ° rn- �° 3 � 6 w .m 0 3 c m a) 1N 0ccc)m in -00m macco a 0�� .°ccF'�EL Ew�m=oro E�dc¢_m ou � o cL a c m c co � E o)w c aa))'6 � o� Z m � m cro) o m dE-a o� �E Ev u'oo N E l0 .N C N O a m c - E m U m a) o d a) N o N y 0 0 N >md m>wopa m Ec a m-aocE []m 0E �0 oay Eo m ° m� Z 0 a a m m a c c. m e m� o Q o p o m c E 1 8 L a N N L U N ° 3 3 i2 m 6 3 N m O o 0. C Ta m 0) U T 6 m 0 ` 3a 2 �o Ea N E. c N c 0 N rnco� UN E 0° m � o,o ro m o)m m 0z ��a- c t9 °�:c -o °�':c a oa u >, "�6 d oI a) E C d 3 c m t6 C N W N 3 '�= U O) a) a) a) w W m N N w O N m -p N a) U N U 'N N aG '° C) ° U U L N z d N 'C N C O E O O N O E 0 O ro ` O m n O N a V 0 m O U O) O 7 S. ° o> Q .@ O 10 w E U C m A U V d V L N O N U m m O a 7 m O N N d m c- u. m O c E a i c m a E L o E° E L o E m L U O d L o m d N 0 m a C O N W O U O` a) r O 3 F- w ,c d� a0j w a a) m 3 rn U 3 w 3 m U p N .a) m w ro a) O m 'm6 m w m O mNsEamLm NUooE aka o�mc o0.cM�L-a' .oQ°� cu a) omc0._ o oc °3ii "' c �om O> w 163 p ma) U w e ID a�i w v wLo. 3 .+ .E 'N 0 _° d w o °� w o� d'mC w o p aai r° - a u, c`-' o> a o o mom w ` o o ,� m 0c0) m o`w0 00 cma U > rom >c' mN oN -QE aa)aW �a)•n�m UmL�o ua0)nm3m.3cm m0E30 m0°-3m mva 0 0 `-'a 30.S cL m mo L E,�m Ea,0 01 cmE c3EN3-cc roD OR �' a)>amo mo �Lu ° 0'tm EF-�ao 'c a)LEN h m m o O o'm `mN T3 `U >'E2 dL 3w NFa 3o yf';= Oa o.0 0cEs mo.m of oa`)mz-N0 .n-u ci��> �ca@E m.�a�o o�Eca m' L c o L y O c o L m o,o a o °> m._ E °,> o._ a m R o m o 3Eoa'o ow Eo 0 0 120 ocz ad3ao am3ac >0L) m a)aow c m w.N O 0 a'm N m c m 0 °) E-0 N 0 m E)a and o Oa N c .E � m o N-- W, �� c E E n.N N 1). y �' � o d d«>' m o rnQ 3 0 °; a) >,� 0 >�� 0 L E m c a LL � 0 a U � 0, 0 c .O c .n F- E m m m C l6 O N L U N 'U oao o L w 3 �0 aj N L p m =m orn� ) a20 on`U E` 2Toozca o m m c w o 3 3 o m o .a o � a c aa)) `o > i m Q o a> m 0 v m o 0 (/1 N O. C O N L o N U m 0 d m a) c a) o m L fa U N Q U` 0. Q `�a)- V c a) o ,� r m c .E5 m o - m m a o) Y o m o o) � cam m E Y a ._ L �. ro) p° y a) 42rn 3 `ma) A a c o T E m `o = N m m c d o o._ c 3 a` C O L L m y o N N U C t w m w °c) E O Q a) w Q a O X O) a) ° N o c m m w t _° ° L Nw,a) m 3 1° m 10, 0 0 p ro C c ro a. N N° w. N ro N N O. .O O .N °- w Y c a) O �> l6 N 0 C "O "06- N O a C O U N O .� m N N a d` ° y O O an d V 0 m C N m E d o m o .5 z w m C3 n w 0 0 9 O ) E o 0 U y c d U U ~ a `oa p-0 c a d a a, o a) m o a)U0) m E L w 3 U_ _ a) N N N > O O) D) > 6I m G U) rn O U (n O U a) a) O a) m 0 a) a) O U mm90 myna' �LfE°))/)0 �:EaZ aZ oQow opa;)n Op y mm y L a) y L a) y U O m m m > m > > m E p E'a Eca)> ca o 20>>0u a o O0 W o 0 m 0a) - d o ° •Z u m •Z = d •Z � y •Z v •Z `) o) w m o) N a)_ a,LL m E N S E @ a) @ @ @ �-0 3 w a m O c c N 3 0�@0 3 3 �ccaa U'laN L U m N p �.0�� O O O).0 Z �33a z E @> Z Z@ o E N C > E Z a) U O @ L o @ c c @ a N p @ ' j N p 2 N2 � )a 9 N C _� N > N L U N (a '@C @ O d :_. 0 a) a C a) 0) L @ ~ @ w ° _a,) O G@ O O co .0 r N 4) U E W C N N 2 a) U U N N N N °cw.m� a� moo c0 —oE v �o amo (D to cv0o.NOTu mE ooace m,@�oa) m3 ° a aio 0a)Wm -0 '2 o �pC Uu�Ute o �N m_or moa) O o °yEa .sac — �2'" N m Q 0Uz ws 3 a ° N a) o xM @ aWE @ o oY E E� 2 @ N o.- @ Z u �@3@Lco@2@ 2L ro ° 0U w EU Z m w = NLL N s@ o o> .�` o m O o �' m @ o c w n rn C A c) O a`.).O @ .--2 n N 2, c o .O U N 3 .o � w r c- N '� o' c@ c O.'- ) o 0 a : E N@ V@@ C a) N> L_ a) —° N O@ .N o M U m O 0 O w N N> >o00�op o.Ea o@. a 3U° 30�L YoU- o@anwo° @o ° 30 '- N E O cm O O L 3 C N N a) O_ N Y o a) U' N@ L N M 'V T a) n '� a a) Z U C L a) C @ N C U a) w 0 O '> L L C L i) a) G a) ('J .O w N U m a) Z C `) E N `)aL., a 01 "= N .O = N T .E O T 3 N t .� U a CL @ N 3 w T O L @ O cG n 6> O 3 p C @. C C C O a w a- O Y N C a) a) @ �_ @ j 0 N a �) ..LJ C o>saow �-6c`m@mmcN °-2❑c@oocaN 3w-E@cO�o �N n om �NE Y`o@�ENUON 2'o'x��3m.od oCEoEoo,�aoE. �� 30 ° o w 3 c a a .R m E o m @ N o c o°@ rn m 'E E° o Do E C N G O "y06 F p N n -C) m O) m@ .'—_' @@ C p N O N 0 ca 0) E@ 0@ O @ L N O� y` a O E O Q) N '.' .� '� _ E O n C C a) `) E O _ @ n ` O lL O .aL. O @ N .@ a) O -O @ a) L '6 'Y- @ a t U O N O) U@ ;�+ L@ n 3 N > a (0 @ 0 a N O C �- N U U@@ N V 3 O p N > O C@ c C NS2 0) `@w z 16 O po U owa ) N 7 'N3agC'$i) ULw° 0- 0n c c E ` c @oa) ca ° m o@@ c EC�E @o 0 0°n` o�jC 0)3O O0) °- a^ a) O O 5 3 .V O E > Od C 76 _0 0N o Oa) @ a) @ UacE O coUUQN ` c`U•C L2O � O , 3a N ON n (D u o a) (D �a) @ c a) c> o Y a t m Y L m 7 m°" cLi o >�=a° ooa m0 °o' �mm�o oU c o N ..N., a MO O) O O p` m C @ C o N @ N a N0 N d° N m c o — O a @ O @ O O @ aO @ yN+ �EC CC C C aN .L.. a) m W•O > L E o n N @ CN a) -O a L @ 'B @N U l6CC oma oo rna m @ d o o m o m a��i m m o'� m N c@i o fu m xEL w @ �N.N Ems@ @ p o o N-° o Na o cE.,..,0 O.cC ncc ncm wn@ a @ O O O U f6 [a @ @C > 7 > > > > E m m U U U U E Q O EO EO EO U U U_ C C C C @ a) a) O O o U n W W W W U) C C C C C C C O O O O O O O N N y U) 4) N Vi .T •C •� 'C 'C £ E E E E E Q Q Q Q Q a Q M a m a A a) >> 3 ° m o f a`n m m as 3 m as o L N m m N N .� O a O 0 w N coN 0) 'O U 0 W U 'O a o a as E a) m a 3a a _ m o n > M`r �� v L ° a) 0 cLi 0d' G N 3 c U) E m ,n C7 V N � C7 Nm a) 36 c= a 3� c= c= _ 3°'0 � Mo g aI lt� e U a'� o m a�o )w y 3 a N ¢ C N O U LE o) rn rn '0 a. a a cn r cn Ci > Ci cy O a) a) a U N y V a m M a a M a n > a > O M a a) m N O E a) m l6 O a) ` O N a) 3 -T o 0 3 m a o a m m 9 E w X a o- o. _ 0 m - io u 3 m dwrn m,� °c ¢ E °c °c ; a) 0w (D Co� 0 0 .. a c ° c c 0 o a) 0 c; I- o 0 4 a @ o 3 0, a N m m a o '� a 3mf6 0 a ° ~ `o o = oa 0 a. F 0 o ZE a n a m m v U a) 0- aO m aai s N N a a) m O O E a) m m o a) a o° E > > 0 m E�J m 0 0 0 o m N 0 ¢ m 3 W M - a) .3 a N c W U C C m c N c N N 0 p O O U O a) (a M M � >i > (6 O_ ul i6 a o Ul O_ ° E 0 0 F E E s E E ° o a ui a� N N ° O O) y 1] > 'C w Y O W .0 O E ) O U E -O N a) O N L O C O m 0 , M M ° a c F— p m y w n c O M Q O `m E N O a" N C L 3 00 0° M o aNi c Eaa� mo yao a� 3: 3 0 3Eac 30Na ao QNo ° °amco mo vOE0 0a)a �� -a°0� -apO'0 O ap g-0 mo1� -0 'a), 0¢U aEv cam E� �� Uwa n�o -00> fl00 m0 AR STY¢ a)O �.0co `0N cc OE c0 xx0 o°OU N0T M��N y'Oom ui�,aa m M�( T m N U u N¢ 0 w 0 0 � 0 w 0 0 0 T a m ZE a33y mL �o�O ��U °� mo0�c n~iy morn mo�X mc�3 mm> c d M a 0 E 0 > m �^ N m M o 0 0 `- 0 F- 0 F Z 0 H o o f- ' 3 c• o u c¢ m o 0 m m �-a0i m m N m a) 0 m acmi Q0C m c0c� a-o ca mNa 0 o N m o C1 m E O N N 2 C a) N F rn N° 0- c E ° c v° N o M E E `m 0 m ` N o `w ° a>i� �am0 Q0fl- 0� c �mU0 Ua -0o 4) 0- '0°- �o'w �a E0 E �o a) E QaE U)0 E aa) a) > Q Z o a ❑... O U w p c c c c 0a 6a o-a 0a s = d a) m UU a) m U 0U " M U N M m O �a) ..mQ. w0 0 N .mp-• -a) mN E EE 03 0) 0) mwoUi-U U) 0 a)a)0 - 000 � > o > p N 0JYo 0w1W=6 N'Em 'jNNr NQ O H N mUo mUo .�L c EL c E ,Z'L c E L c E a J a J .�'� •L L N °-.�' �v °_' �-o a.� �L �L �L �L a c 0 a c 0 oL 0 rn J m ° a) m "o >> m °>> m a.m. U U o d C M c m .@ U @ C a C a c a .Q .O O O a) 0 c O.O. N Q .f0. N O p w N m N N m N N = O N O O N M° W C m° W C m° W C m� a) co r 0 O- A O" T a" A O' >` a) a) U N m U O' w m N O" w a) N 'C U 'N 6 .� U N m .0 V N m a a w m N a) N a) N N N p° O° O > N > N > N > 2 N y N y > > O N U N O N U N O N U N a 0 a 0 0 a 0 a 0 Ja Ua �Z =gym �ZW> 'M New �Zm �Zm a0� a�Z a0Z am -ow w>o W>o w.>o �j o a) �m w>>o w>o �Lm OL a) FLU c c c c a. Y a '= c c y U N N N 0 0 m e 0 c 0 c 0 c a a m e 0 c 0 m 0 - u cmi (U a) 0 m 0 m 0 0 0 0 m 0 0 > > > > > > > > > > > > > 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 m m 0 0 0 0 m 0 0 U V U U U U U U U U U U U a) a) m 0 0 0 m m m m 0 0 0 U co V) U Q) U U) U) U) U) U N O O N N y y y y J V J J J 0 0 p 0 p 0 p 0 o 0 p 0 N N y U y U U) 0) y V y U y V O O O O O N U) jE 0)jE to jE N E N '� N N N N !A C C yO yO yO yO NO yO a a Q Q Q Q Q Q 0 d 0 d m Q Q U U U U U C c ° N ° E. c c U Y 0c L 3 W c 0 2 O m o U�aEo'.�, m E-o a 3 c L co o a ° ° m � N ° m m O O 'C O mcn a d m a)U m N N U) 16 i fl N`; p.-N > N U U NL V c O m O m C > 'Et m C !EaEi aEi > Q °o QL •3 ca p L1 o Z c N c N C_ Q N y O C c C c�3m O O753 �g a>i� c�� m V C'U N C U N O O N E � (O S' " C 0 > ' amN) . a-� 9 0aC_ U O O wm' ,mcmc ` O" Q OOM O C E � — 'N � mao O ° Oa� c a) OC Ooc (U aa, m E E ° o > om co o>N.Q o ° m m c UmO 3 m E m Lm U U d m N > a > N U m> ° Q° y U U L o U E m me z U .E co Q Q Q 0 ID >. U N OJNOTl N O'O NN Ul O N > 0 l6 c N N N m E N O N (0 U M c a0 O 'U .� E N O E-O O 'N 'S a a 0_ 3 CL d'"EE O m m m 6'- om° °aE30 03> R EN a N c O >°-:ca m co s E.3 E U c m O 0 U y U = Qa 00 CoJ V a T L N N m O d O N N "m6 > a) c O m O [0 N .�- a > °�-° o a a c v :- O� � N C) Q C C 7 c N Y T O 'O N m L N 'C O m 'y j N oN O 6 U C sn N a> � 3 a a U Q Cam. a�E c > - p m N v umi o > 3 0 m m T O" O U WDN p E.- ° m N L a m L Q E N O O J Z w- 3 > � a U c c y 0 � C E N a o✓! '2c mm y m, .m °U O mm c EN O c I Nm �mD= o m'c m `- pUUu� D U _ O (UO °. a -° EN acc cN ' co c3Q0NcOrnJ:oa °amm o_aUNNu �0m co vEcc'MO0U 0 °ocu oc a) oc o rnm' m�c 0Nm c E mN mo oOc N a)aO ma) m a=S 1 � u��o ) N L p'a°y0 3oa3EQOm°En°� 3E > M m> o N Ej c > (MI e c m > N o° ° ��o °Em -°a m— °0 6 aoa=m m N � 0orom° o> a)imaE oEo3ao Q o co Q QQ�QQ o Nm. Qo,° m O N L• N F- u c a) o N uoi 3 o O m c m a m cu Q0`umn E m r v m o E° u o a o u o c N n.EZ� o E° o a0.m c Ecom Qc m .N ac Eo- camO A 'c yg c mm °3 vm EEN .2 w U22c Oa) o E -5 ` N O1 0 m m E oo 00 :c c m c coa 0)Q a -° °_ o m c IL a > c o. o ° a) u°i 'O m c d E c :�'� a) o f o a) o corn c c a a? 'c o m m U !E o f c c `n a) a oo 'o N m -° N o o c N d' 0 0 r N C a. o) O L'3. U u E° NO ya � Na) EO U'O E Q Q42 QO Q O°N L. 3 'a m N N 46 a p 'm p "6 46'O c O C O C O a)G .O y, �'a a ° m°? �� °,con`° °Nco ANT ANT m a° u o a° um ao w° oA 2° CJ °O-am cooct c•c No p.no N )a)orn Z rn NOZ LOoONL1C N 0, +Crn ) m o) c o N c E 'o c aNi-6 co r..a Z w'w a Z a a; N o N E O C m e N mC 0 0 m C 0 0 O' T O' A S O N N p m L N m N N m N N rL-• > N N 'Y > N O N O '� a(D aa)) > o� > of � a�i > � a�i > � a) > � a) > .E w = on s a L Q o U o 2 U o w .>_ � w .� > w '� °c w e .° d o m d U a o a ,c a)c ,c c Q (a O. 0 'c 'c_ > j co a) a) 7rD a) m U a a E E Q Q Q Q E L L O O c m m U U Z Z m a) O a) m N u 2 S m co w n U) w ac a�i +' ac aa)) w a� w Lac c E c E c E E E = E c E c E c E c E ° c. a c ° a ° a ° Eo Eo Eo Eo Eo E° Eo Eo Eo Ed Ev E> E> E> E> E> E> E> O > O > ° O ° 1 O y ° d ° 4! ° y ° a) U p4) U p U p U C.) U p U p U p U p U p C C L N U '6 -E � p. N 0-@ C Y C N rN N E 0— O c a a rnr c E d o o m N E O C O N N � C O)>` O G w6 E c d N G _ro N _a •oai Q�c�iNr c w ro C O Q p V U uGi c 3 m O > N N T 3 O . Q a) N O 'C @ O E cu C O Q @ aNj 01 N C N N O N O 'C U N N m O cu G �i N N O N 01 C A N Q >E @ CN m C � Q L O G u0 U'-G'O t >' m 0- C).- T N ._ c w d IT cu m U c O E O m-@ r N@ U` D O 0 C p( T C ;- 01 C N o a) N ro C L L E\ E C N N G L N N U �U-• E y N f1 Q �p 7 Q. '- '6 d a)L N O T d V 'N 0 `- N U 3 O N G OQ @ C(D T tm N G U L N N > ro C a O Q U ,n N 0 O U N O C N U O �E�Oc @@ aci��w 3U ro s 4) y oo_a o ° C L U E ro ° a) a)c6 '6 E ro �' O N C N ..N. L oID-0cu >.aa)i o � a = � m a) boa,>� CO N NaEicrn�0 Q EoiN N N N U U N N ,U N E C N 0 M Q U o m G a, W w a 0 N O O o 'N .% N N N N �- w c O N E L c o O) O c L c o EO� U o U L a a Ir E cr c a' U U U O O O U U U V-- N O U C N U U Q C _ U t/i W m NO N N a 'Nm o M N O LO+UpC=.+ O 'LaN� m 0 N _mdO a.N E mN cc QN3) a) V N O . 0 _LL C `)O E omc 0) VO NU o ) � O C G0 00C C C ,mE •LUN3O C -O YQE m _CNNS d Em ENa) . Y mUm pp OOa'U 1�/1 Up N°= E L . E'O 0) a N° 2 E p J UN (a) d=• Nm � Cp o m ltlO N.o .00— L md mC Lsm aC. M> C O 'a> inp y,m UC 'CoN-'� C U > QOaQaO aQ N av U>m 0C a)P a)°av �Q z . 0 m ao o o`p b.`LL) s wmo N m... -6 0 U p O m N m O Oa; fj m°U- OLa `o OEmN y LElm6 NNaUi OmEmQ(a °a YT Q NN andN OC .o� ma) mmO mWcU oa E > Lp s O)W C LaOnVmCO.). m (a m -o > .UUC.. LL •Ud OQ N , to m 'C Noa a. En-0`mao oY0� m mW N- a .aGC NNd •Ltm/) cpQi E O(D- °)aoa) omm E �m>O NUNO'V i> NC _ dC �OmQ° O ID a UO)o6 ,.N� O 0 EN O)Ca _E .C°l0 'C Y J0)C N >0 U o w .m LL EEa_ m o (O V1 a Q N C O a E m m m U Co n- LL> w 0 m C O N > U T a N a O C u Qa) m N mQ Co 0 L a) 2 Edp N ma o 5 m OC(i o pmN f, W C N >O a) �a'-N aUNa0OU C Ua.Q—C T 0 0 N n EOimmmCa U N N -0 c' E s 0'Zac m m m aUvE) — UL m o m E Qo d E E LL E om-oE: �o m w ca 0 v m o a)O 0C > 0 U)Y� L O Z 0 Oa)O.0 - tD V 6 a a m m m O Z' 3 V U m G) D N E 2 0 a) mm> U Q ..a.) w� mo).�' L pro m 0 m .«. c3 N U O O) N > U d U > U L T C O �O m N U N G E m N C E U () N 2L N a) w N m -° O)U ,U C U O m E- U � L E � op CNo a Qn Ni `maE � `� aco a,i QS am odd pND oc>.'w62 a.� uaa O m m .0 mcE t E 0(D w . C u ° c a '> m m a o o a a m N° E o a) d x o E a) dN L O E ° N :E U UN ✓N 10 = O O N O pc > Q a 'o p 0° m E > c `YLo ` oCC pc w moO 0 m am 2a.1 � o �oUN cOc' a) a) O m NN a N 0,ON C C> C N C Cmd-6 Ui ID U ) ()C O)E U a .> ma c E a) KE m E O a) ca) >aE m 2° a) E 3 m N w a a) 0-0 E a) °- U E a) Q 0 P p" E T to U Od e lEa) w0 O) w0 EU LLyO) O vOCa) EV Q a) 70 0 a .pC2 UC .00z U CD Nj > o ° LpE = -0 m > ° ow L U U o LL0 aCU UE > o o 'cc d d 'ccc ) a E E E E E > E E E E E O U w O O O O a) o m S is U) !0 N ca )n (0 U) ca U) N i d N d N a v W i E E E E E U. Q Q Q Q 7 0O '7 >, L+ Z. 0 C1 0 U C C e i c a. U O O N N N N U 0 0 O O O r a C a@ o @O_ O V C a @ E C N C +L-' C. a 0 O@ O E >i O N Lp > N C r C @ N a C C C _ N' N N 6 a N 7 «. C @@ N a O d- C C O N ` @ N N Q) >@ a) C N N N. y a N N ow C m@ C@ N c LL a (yj Q N V- OOTOj LL CO O N 0C aO) @0� C0@ Oz 0. 'NJ Cdp @C>>` CNOm N^` .a O a U p O N UOO> r-0'O LL 0 O) 0.9NN aONE L N.0 L O Q Oa@@` L O O Y > =. >>` N Q = N C = 3 p_U 6 QaO iQU 00oNO Q Na) @ Lp `Q a) @ N Q@ N N S U N p. N to a) O.O n N U N W o0 2 fy C N cu o a cep � W dU m a c O� Q w0 > U LL n C n >. C O U ` ao _ p)E OO C@ N N C ELLnR CUN .N- NO Oo N o O E M .�00 O � U dN 2 00 ca N vi @ O o z` a �y C E m o b C1 3� 3 c@� N c c O > N N c«�> C @ 0 0 coo 0 m — O 0- L a, E k C a 0 0 N C U @ a a Q L a 'C N O a1 0 0 y N N a' > a @ E 3 '"' o m U E(a o , c gn m '� @ 0@ a) a a) � c p @ @ 0- 0- Z O o.a U a) N d E .- @ C O (6 m o @ N N O @�.! @ a@ E LL .Z' .�'.� ` a 0 O N O _ a Q y N O N N N W 'N -O Q ¢ C N ` a) C a C U O 'C 0 O U n fn N N N X O N ¢ O U >• O C C w • Q ay _ O COS C C E U p C O NL O N N H p C @ N T N Q .N O C O@ O O= E a O N @ 0 E 2 > UN > 0 U C@ @ a) O ENd 4 0N p O@ C E N O N a) l6 Z' L N 0C @ @ U c 0O C a) fl. Q @ C N C L N d C U a) N Nr O @ @ (p a @ Tao yj TN O Y O N C C a.Q N '@ Y N `m d ,@0 N= .20 Q N N b n N N@ N O O a) NLL' > U 0 w6 p > d a) Q 0 X i N Y� o a) Q ap @ m w X r- > a day C �N„ rL-� C @ _ d Y N N @ 3 Q N N ' T r O O w r @ @ y LL .Q N "o n a O L QLL W Q@ o to N N U O U G @ @ C V3 U O O N ".. N t0 3 ma) 3E c voi @ L o O C a O O m a) @ wa0 .«_ a) 'uE U 0- 216 EwN @N i2 o 'w E` o c a o H o o d C m Q 0 0 o E c L d N O) N p E ° 'C C .« @ 1° N 0 i c m p E '� O) y X. . .� E N UQ) ° E 0 N C o y OM O a .N O `) ` m N m C Q 0 m O. N O LL 'C .� w aNi o c E o p o N ..- a s a m a w 'w C LL Q i N a) O. O S @ Q Y p 0. N N 0 Ol @ E o Y a) N y V C@ C a) O �' II.N UC) 3 a) 0 C U a) :'^' O_ N C E E@ N C C E N U> N> O v- m @>@ O m M T a O L N ,P` @ >� >` O N ` -c m 3 w O@ o O a p O w0 @ O p U U' 0" N QE N ;= O~ F- )p N Y Q :� o p E E a a o .E c@ o o Z@o O m a Q aCi c N> o u, E ° a n 0 0 .0 N U a)�c�' a pa' Q a) 0 @@.E oa N N@ �,c c u N 3 p N N 0 a) @ C �d 0 C L E do O� N o ."T' C a) Q1 Y C T 0 w n. Q a n N Y 3 ` 9T N 0 m a) @ L fn `) 0 0- @ 0 N a > D7 @ N ,N Q E@ co)oQN QEQ@ vie 3 `>p_Ua � Y,0QU E spcomv E Q 0 Q > u = C @ @ a w N a a @ C E @ @ .o p °�� > o N U o_ a) Q < E @ S Q= > E @ E a o E .�` ac a) w O w >_ a C p r° N O N a C N Q-.N 3 L p @ N poi C C o N @ N N @ @ N O N @ N N m @ N N p .0 N .. C C� C @ a) 'C O. N a 0 0 .a U L «) �' N N >` O N C C O a) N C N Q E o U! N ii N L a aC }L. N @ N O 0 J a p @ N 0 °i o n 0@ @� N O O - O 0 O@ > O @ U d Q.- C@ N CU O U - m O U N N @u � = N EN .@.ECON 0 o m N @ c o° m a E o N@ @ o o @ o 0 a q o2OE) a $ 0-a@_c D ID @ a) = a U Q 0 @ _ _ - a)�m E a 0 a c 0 E c O E > o L o o o U U d m Z o c 0 0 c 0 0 N U) d S U) U) @ U W w T ar c O a O a o # - v - w O W W LL LL LL Fa N O LL LL LL C ,a) 'p N C p O) d G/ IN o M NL f0 a) U�'g,�@ U_+ m . '0 O NLc>U N N O U (3p ai MN ' 'ITco`N O p U . d a)°p°0 @N ° m 2"0 E2mflL0cpL a0 a )(00�aM2 � m 0— E0L c pE mca�co00'co o� . o ) o>E°> a) ci ID °wo a) E c mu° m c� ' LB Uo oa aca °io��o@ �.tq wy O w �r ° a o 0 0 ° a` � E E r N i LN CO N2 '° a) O0) cw N `' n @ E W E E c o @ �5 @ o Z o oa o U -0 0 cc 20 a)p0-0 ac—Sa a � E o@ t3 U Xo�� E T - o > m >w o @ c o Q > o U a o >_ ° �rU o �N o pd NO 'c a) 0 o c#'c 2U mLL >aco o o a @ G m _ I.j T O U- a� a ac �m>x 0,E roc is d m E o 72 3 m m o N - E o o n 0 o M -° ° °a) o c Ea: - U-0 2 c > N U a OaN o0@c0 O@ Sda0 0Om G � N aNU @c Q aE) .a]) .maNpNc@- 0Nc vO @ )Uc O iC N '0 a) w p @ Q p) mv 0 N.NN N 4- E U nOOEa) E oN am U °Q OO0 ommEQ°N�mdOoe oEc "o>=x-tz- N.2 coo 0w o a, a)-0"o�0 > ai ' o o o m@@ w o 0 N L @ O O N ..°gym o 0 C7a @ @= c 0 0 m N@= a) c a) W N O. N 0 0� @ (0 O i6 N V C o G 6 N O O C@ N C T O N 3: N U '0 = i� EV ,C co 32 )y cN-� .°o o u 3 L° a o m@ `mZ 'i O N c 3 @ U i, 3 1° o a`_ co'o -4 �_ r N LM a)N= L a) @ C O c N E �' m@ `�i`�i C N a C O .° m a) a) N O O N @ m C a) O 16 W N N U 3 N 'O O °@ m M E N C G E@ c U; E of E r\ N@ Qc) �' @ N a0' N x oNc cp a N O rpO U oY °.,0 00> '@3�@ um N-No ao -o . � c co @ @CcN O O -0C U °@ Q p `Z O ajEm0 CO EN@ 22 CO�c)� ob n o m > om mc> m E apNN L E co awV a) > N c a) U wn@� Q m am c C L (D U O) U D) a) O N U N@ U a) Cc, U N@ (6 ? N O 'C m m m m ° 0 2 p pT Z rn Z rn Y d°@° C N C N O` U~ N N L o N O N C C c N p N O N O N 0 yam �a� °�a) cE LcrE Z'LLE xm'� °pNE C@@ c N 0 0>@ 01 U d O) U@ .m m p @ N L 0 .p L N QUZ@ N N @ N N O w C z 00 O N 2-2 0 0 02 N 0 ,C E — (6 C m oE N ) Q a) U R@ E > > c> w o�oZ o'o°E U) 0 U) W c w p O pa n a d @ c O c p c U U m o o a) a) a) 2 2 a) a) 2 a) m a@ [7 rn (7 to U) (n = 2 N N O O O @ @ @ V V a a a w w w y y y ID U U U N N C C C S @ @ @ '. U- .u L c c c m m U. u ii U. LL x° i C N N N N N E , `p N N N m o a1 d N > ^ O O S .0 U UomN�O O ` m m wm U 32E m d' E 'od d` p C N 0 °' �° m a o G m a) caaNNNacjapO' a) c6 ° ..L.. N ° a) Q c N R v N a O C m '_ 'O v C11O 0 O m 3 F N O m Q 'O (n m o o a) a W > > od o co L �-c N 3 2 p O N y cY� c 3WL fl, r vaa 0 LUmo�do,Nao�E `o o �amE co �c:2.�.I cn nN v o�mN° � wm O c o O_ ^ N m m O 2 O o 'V U a@ 0 o N m a y N C a v o N G O ?i ap c c m m Z W a� m m o1°, o n m m z a a m 0 C c m c 0 `m o 00 o m L L O O N O c E N C Q o E E > Dom`—m N IDN M cc a)a) M o d T m cp 'C a � ° N o N rn Co mY m M. 00 O c Q' m E o. M O N a O m O a0 o d 2 O a d.N N. [D O ti M T m E N o N m :C ID M O M N M �a N oo Co a E0O N yo3 Mo o� VV0°°Q >NOl.-irn c .NpTN To1mm KUm(D YL°am1 m c U Q0 oNL n�a > LLccdm°• Ng- "amam6dc �0) m "o T p°cN E+L oN i N@(n N m > N o crn�° o �' o ` -m6 E °rncoo _N°U) �'V macm °U ° � :E fm °Em o wa_0 � �20 >a E c°c 0 ms 0 UG NoLQ �E hc a, mc C c EN� m�c >N o0 a),mE �mN oo a)aimO "- —N a O N (NUEON -@ o pui U m m o °' ma O U a S d QEp a) a E _ E a N a) m > 0w Ed E N W O a c E E Q m pN Q O m ° a c a L 0- O O N N O ^N G m p C— p p G C C @ O U T .c cm .6 E C ?y G >4-'0 "o c >160:9 -0 C >�-'0 'a c� >�ow a c >"-'ow 'a N U c ` .N "" a�Zm c (>D 'E m a) O Nwo�; E m w o m ro . 0 c m m C) m m N 0 m m m m m o Ol p a, n 6 E c m m° m ca m a, m aN m °' N U E c c° P% N a 3 p >E m _N aN t! aN c` m v' N +- > E m a ai aa) mN odN mNr 0) > U OM UJn_ cn U) uJ cA U) o. a o_ 0 N m 0 a 0 a 0 a 0 a 0 a 0 a E E - m o ° m m U m U Z a) m m m _ _ m d U al U a) V d U al U al O 0 V w y N U) N N N N E° C t r s c c s x CD S 2 S S Z 2 S ID Q y a N o _TL a)_ 0 C T a L ca '�i C .0 E p T O D U p a) 'o 3: OU d a '06 N a c L a i0 O U O E N 0 0 0 3 0 L) O_ ` C ! U L O N U c in E O a N c o LE° a) °1 N O) L 'C .0 N E d U of 0N Q Q a oo° N V a N N S c 3 E E d E c c a G L N�`O) U `UL= N a O c6 O (ompca m dmy 2 EG N c > (u y OLEN wN jF C o a) c0 E c o° w a L rn° o mw a0 moo a E O c o m E o Q a ) c y o o o Q y @ u p v 0 ° N '� ° U 0-0 SQ N a1 �aTdi a °t°ocimc3)O CD a, La) O.N O y 2 150 EN a) 6C OO °m E°n O EI< o LL 'y000 E o ~ oU); rn a N m rn c cD � p j c o w l o'c p� N O zp C a) C C a) @ (6 a= ° M d o o a) a 0 pj co dT N U O"U_ E O Q `O) N� Y a) N a s v) t N c U) °L'n O` (a a% O C la O C rL„ N ; w C _ � O ca.4 m "- ?i a) m L a5 O O) !6 d C U W— 0) C L N (O'R S O U) U S z m a1 °' ,�0, S1 W N L w6 N aE°m .°)c"� c� °U J 2 O .0 ,U U) N m � � L Ul N N .. N O U a w c L a) a) � c N 0 N N O u _ N a) E E O O C ° � p (6 �' N a O C O o n� `cam E �u1 c 76 a Q ,C NU) a).c E E oco w,, L' fl. m� a w m m e o o c 0E 0 0 0 0 c o a m o o .o o a E c Tc E d� a _ aoz �. , 2.0 oa -O ca 0, ° � c E 0. W X N .Y N c L a' C U ES o) a7 0- O m o a7 0 o f 0 9 o 0 0 O- y c m d, p a) U) a) d o °- p- O o a� 0 fl w U U N N a E L O o c 0 a)M N c a) a3 O V) E C N °dam G ?�E p a N N (a rnoQEoc y Q O O m W O `O 'C a) C O a) N 6 L E m a) a P u 2 d a) o c O C v o U) .°c d 0 (a a) t0 C °- N '0 V O) N E EO E c o,E O Qa ° U U � m� m c oa C L 0 4? O G a) m (0 N C O L C in ' > 0 O N O w O 2 U o m a 0 oma m U o'L E ooZ6 a°o`'� �mY� N 'C O. a) N V 0 0 0 Z N N 0 0.0 a) > U a N N a N C> O p a 'oa > o W — c ,c a u W C A N y O � C` tce A e m O E p = p O L V a a)C . d d C 0 0 m N 73 p a O) 0 o-6. a) N a) V' C @ O N d @ N O) E jp 47 N tm N 3.0 .6 �' C .y a W U t E U T a) 'a 15 @ o p t d O N rn - d0c8m a oNaw`. c E'o `°o@ E r �t y° @ o @ In j E N �O > c c ym..Q o vaa `dGl d au)° o,m a0 ,nOV d N NY o U E N N C7 @O@ N E N a G U U .3 N,- N M N J N d N Q @ o U C N a@ E o N U N 3 N o Ci L G C a) C a ._ w E 0 O d C d a u m L u C N N N U d oUaca ') T'ct aa) 4)amd2 Eo Ci c m'wadE-ci LNiONaw6>N a1 F@3`N 0<aOc CO °ad >o E-o Ep. UEG) 'Xo c(L-oM-L0 E rn0 cI a�c E s° o U m@Q 0 m N IN E U a O @ f E (a .4 c U 0 L L N (Id � m Y y o d m a E c`° f- rn- d— U 9 rn@ O- @ E N z d 0N M N E u°i d C E @ > >` rn O N C� LL 'N O U 0 V °- N N L O M CO oc Lei U ~ m 0 -6 L udi N m O> ,'6 d C N@ 'a d@ �m o�'3> ya) caa)X m�� N EE �•oa�m°E o S>U�?.S aomoa p m dw03x U N O C 0 0 C 3 N U a N d E a o a @ 0.9 morn )-@ - d L_ m '- o v o @a§Eo E° c�rc> m�a E °d a>' has' d U p. c omdtr a�� °r)�, �moc c'N3cumN rn3 o En N E ° 3 Ta `) ° a) N d a xd od . Uo aao 3 o.N o E o E>u~rn j NN o aa o o Q LL co ocim N a 0 d C L d N a N o C N° a) Ec Eo o> a)cU E oNwa c o d�cc o E@@ w N p O @ '.G N 0 61 N C C@ d>@ d > rn ca N N C N rn d L C a a) E C d 4) m N @ N@ N U N rn 2) p O 'C p-m°o �@mcOU�°p T=a E ° ° °Cc L wc d YpdN oad° rn° o E 10caaN0o EN '=o E uc rnd @pdpcCa .mrnc C N 2 Nd Y'U°a)'6 iN N vO dE a) N a) c L '6 _° m mcamo N°a°w' acoN°N > T Oda@0dT N �d � @dNa NT C VO O N@aCd lU S_ @atNo .@° N .O d0)c@'Cc@ md C a O °LL C 00 @ c c naa)oad~m oaEpO a) on )aeE °ca0-,-aa0@ arnN)0m ir mo d cd NEmN �E o fT a c oa 2--o a Q m o O> °c o 3 °o c m E > m n° N o° W o N o` a @.E o a °c U° aa) o > E D N C C O O O O` N C •c w O a) c N y C t� C LT N N c a O C 0. U a N N > O N >° C D w+ U V1 E C "C a,a d a a U a @ V O @ U° @ N 9 d E o'3 E L a c = a c U @ @ �o o m o m a)O w a Z o '- a C 3 m N 3 m N @ o o m o o a3 a'� E o m a o Q° 00 E c E ro E m dn o�>Ea aw aN poo a. rn mad @aa� LL ° C) n. UaEi a a ) d) >_ > 'c >�c od E E E u o ° ° U U N a) a U) U) C >' C T O O O 2 O O @ O is O V U O) O) E E= U 0 J 0) U O O N ) C F El O 3 N w rn 0 0 c 0 Ci c > m d O a) c a N OQ �`OFQ U mL 6 U N d U N _ U V ° O } LL m00 mNo 3 3 L 3 0 (D= m m o w E m m 0 J� � C. a 0)O V' N so., Ya s N ° N c E N p iY a N 0 a m>> O LL U O a U0 00 U NU ° W O NCO" N.O c O J..a f`.: 0 co U 'a. ui o co c�'Ea xN: o c0 4,, �U•o o d.E E TNa N — o E d �a ° mY c >a� c o 3 3 >a� c('n'. 3 m m c :y a; card ca 3 `0 o 0- a) co m ; a :m aci N 2 3 U a m d Q o o m m m m s d v E Q a m E o c o c c Ci �nI a v aL N ° CJ c cotes a5 U N c m O G M 0 G .� c omco ° m a:6 U � E mm � ° E n o � mn`"amm o vC�CaN E _ O U N E N> a) a)T m N > m 3 v° E Q v L c E aEi m n C a a 0 a�° E Q �.N O U V E m 7O U U m O.- Q 0 Q O >tt= O-a ❑ o 0 2 C)= N Q cn .E oao .Daxi .-.� y SLY T ° N.� OI Oa �° c 0'mY°i� m c. . a Etm 0)_ ID N E N 010 O m O O U N a4) 0 O > N N m -C ` a O U .`.. U L N U S LL N U C O) O N O) Ul O O OJ U C O N N O E O C 0 N a Q O) C a U CLi. w �� > m co _O UjE fa G > a) O v° x m o> m O° 3' a N c m m o a o c m 0 y m 0 E m o m coE �mmv a°E° o >m w� •ro.� cw m — E o ° oO o co m cU) .0 E Q E m e 'm w a v a>i d E m mE m n E o 0- u U ) U m o "o a� Q0 Q C c o U O G C m d C� 2 C. m N c E C C N C N ._ w ._ w m N U c0 IDO N N N c N a, 'm O N C a a O C C C C a c U 0 0 fa N T'� N T.� N T'0 N >+'0 m N .❑ — m m Co m m am� Q 'mR a)Zf°m0 `mmrN N a0 Qo Em m EE a) O ° O "O cN° V > 'O CV CO �- 'o_ CL u > > > a ❑ U U U U V O O O O U_ Z C C C C Z N a) U) W W W W C C C C C Ol m '�" lea cab �E-' J a' O. Q' CL CL Q. 6 ❑ ❑ ❑ ❑ ❑ 0 00 °a ;o-0 3 �o ��oyz� aac� air OHoE� Nwim Y E N (n N C °6 @ I ' O)@ I C C E U Z' a G > G@ "O m D_ a L c co ca .0 m I p N d' LA O E m O O w@- �` U 3 m a) CO E m 0 0 ?y C 0 T O 'C U>@ N ro 0 0 C 7 O a) a O @ N > O° Q @ N �' a N O J (6 c O a @ O a C d O O N� c� � lY = O cc)@> te a) > U� tl c a E � 6> .S N p O a) -2 N � a C U U @ 2 O cx O U N V N Q .N O 0 ° N a) N— d' O� @ �- V -O O' U H O` � c) O a 0- O °_ a a) U a) !Y O w T a N O a y > .N .Q) U o N 0 O c �L 'O- N N F Q) ' O I Q N �— N O) CO ". c— N - p) h U c Z fn N ro C_ �.� O O C O C 4) E ._ c6— O N O Y N I U T U O �,,,.- O O Div (nL O = I O'U@ da @E E '> a) O >� O`U� r'c-. C (0 .� a�a z� Y O C U) >�@ a O a �c> o cE° U aaU xFo °?� N ° rna U U N T m c O a a)h ,a N nUi O m CL' N 1 c .2 O d N @ o C I C@ OQO E N c.0 ,Y•a�o,0ooN Ja hm o> tm cOoX _aN !n@ °0o@3aJl r Z) 02 am � O) EEaENo 1—O= w.pyNroa) mcNaarol m ro c°L 0°zcc-atoc=a)0-0a.oa.0Ec =majmXro° 0oUpn° vo- c 0, v row apm aoo°oE o > c ow E ua) CJ yoQI >a oowoomo� U Ec E oOO Eam@ co 1 rno rn o'cJ° 4 V oa aC0pfl - >.crnE ai ~�So)@V C °hO uOEc,. E 01N)z > O NE ❑ mID(aE . U o a)z E` oO o U a U (7 a = UU a c O 0 E > ) R -pc wE3 m c @ E 0 0 a m E a) 'o o o > _ Lc O` C a) O E E O U N U c a ro O a) O aa) moo p Q> 2co U n ° d o c a) L c d a) O T @ N = a) ] C � c d a c U o a N U c y a N a t 0 L fl U d C C al d a E N m @ M -O a) O 1/) O O a w +' a N a O N .n O N U rod Al a°i m N = d •.� V DI 3 y O C .0 7E C.i d' C O 0 ro U C ✓+ )n U m 0 3 N U '� r N 2 O) N L 'V-) 0 c N C, 3` O 3. w R O W C O °croic°)ono °cNc°ia)° a ro�y mczmmL -cdc `d �� d�n� W a� O' O� mmm�°vNw(u Od�pa) O,c�6T .20ad)� TO Yamao `o 6Nd sof n.N o° N n oV.on a) vimwuEti "m(aay,. v.� a) p@rE m Umm od E ro F_ n Q O @ o O) ` L� p "@ EN E @ «j YN O @ C0Npc 0�LL E a) O aa7U@occ,cC °o@° 0u doa CO @a) @ @c O a33NV)) m OflO No TENUN ) - 3coO NOn@6> @ O.� N 4@@ Z`L 16, COC U O N a V@ C .NU °QH a U O a) @Op roUpw 0_ U@VO @j .Ow .- ONU C U >n C .jro dO U DU °Q On d 01 00.N'0 V U = U E 0_V 0' ` a) U p a) @ ro Q YnE (0 U OOaN EN@ O a O) N @ N O "6 O LIDo °CN 0- C OD DO u p C C7 d10w .aO3NCU o°nCa,z U @ w ) U p 9a C6me � -L3cD .O UUmoV,2 ; E O pl `'C O OU LL CWE E °CN UO N N -cu n Cc N LL ro Lc o zr ._. � °°) �n �' a �) 'aY cLi m Ct E m Em-0 o '`m o a) wu m 3 yj —cc O N d d C C N @ "66 U` U f0 O` `@ N d V-ja a (O n C 4 U N .0 C C C O D '� C M a,@ O m ° O .., Z O o O 7 d O C ° O C G N y U Q @ C U 0@ O v! C N G O) ro 0 O N N G c O a a) .cFp (p N E@ 0 ° U) 'O @ 'C C E1 C �C N U M� ° O �C = O O O 'a) E Oc Q N@ .0 O� C CU `) -E m m' Q n@ O- - G E C_ @ C N 0 N _ O 3 N T N@ �� -o-OroU�jOccaZic�r O 'a.�°N Q = d O >.a1° n N w O E> co C 'O O N °La@d XEu a) OO N E �'� nm NL �0. 2U @ �p � �.� a) t S fo .a)o m OU @ @ o `E E c a)o� �a _@ 0c aa)) o) a@) m _ s'�un ow a).o.2 x Edaa)) N O N O@ 0�c N N 0 moo.>am> `p N N O)d @ C n U O ro Q C y a) 0)EL O E rn @ O @ E T' m rno �c cv �E 3o�� 7 =v> Euc w E 'E s u m -6w d o ar �'' a) m o C U L u) C @a c O E a) @ N O @ D ma E o f o _0 Dc°i �� 3)E)�U ro�@aNmN m E a o 0 a) a) a c `o o _ 3 o 0 w E j .- V _° 0 ° oLL 0 c L Ld.0 o :i2: c 'a 0c � dd crn aw m § -0 c CC °-w ,N N N O cL @ U C @ U C >`� ow 0-2v n�-p awa ui a), c E m E E m"c .� a @�a.� ama) E -0 a`aia c@ N ro w @ @ 3@ w N @_ w;«.a Z N C) d ro N y m@ c c E Ui N E c.c N N E a) O ` U O@° ` ° LL'Q =�o o° E o�E a o �o Cn V V IL = E E p E O p 0 a L a L O V V a) C) a) m a) m a) = N m m m U) = _ U U) d d a) d d O O O a a m m M a)U Y o o o ua c o c o ro c cca n mO m-% o c._ m j c m o. ) (o.@c ai 0 a) E N (n a a N >` .°)L ONo N N N a) U N rn�°ma)T O XCL oNE 7 O@ N L = C a i E a)- oN @TO O o@. oE dpOG MWaQ) O° oU E C UUO .O@ G @N E L 0C LU\C "r@ O ViO O O ) U N a) .- Q. V N o O N O @=O M L � 0 ocm a N 0 N @ a) -6 a N N ll C 3 U .@.. 0 U- m 8 N .:.V N L @ Q_ .Q N � .V f@ .° p f- C N N O U U 2, @ L) --a X N Q L N lU L C O a) D_ N 2. Z..N O E@ m C O U) c a @ N C a) O O N N C U U @ ((Du N 3 () O 2i T E c N K o O C C m @ G @@ .Z` E- N 3 7_ a) - C� 3 U� O G U m N T m a @ E N° N U N C 0 C `° O C C C N@ O C p O i o d y n d m E m a am c LomoEaN xca m y@° c 0,w EaNi o a) o a) o cw@E�o- ,... L m °w'- N3c`o U n @@ O N O" N N N C ro C O U C .0 CO O ro T L@@ Y @ oaa)) O mE,a) a- eoroo' dv roaEu m nm'm 0 m moo, `o a) a) a) 2 Ea C o E g ro X L C O C@ a) @ U� y n @ S > N f- @ y > O @ N L Ol N 06 C CO .O T @ y ao d@ ro .N cw E a a 0_ a) r U aa)) ro N `o m ro @ aci Ana a)O.N C a@ E o o)� o.a>,~sand m� N pN'N a rou mc o)o'o a -0 cc$' ' �(o@ a c c.a 0 ° �.> o c a) L) oU 0-0 ° �Z c: @ a NLa ° N E-oo 3 m w 3o NUS@� L.`3 v a @E ° . a6Y Ys N N Lm ' Ec cm a) a 0 2 o m E o 'S OU > a) Lv`)z N Zm @ N O L O n S o O .fl N O C N� O N + ro w N a o p O) C LT a) O C m O o m` 0 E E° a a E > c E 2 °n a m U�aa E N.c Eo m'-' a m p oOr aino E� ° @N °a m m N a) -0 y Na@a a @ tNU N UU n @ O2 oon @ a) IL a a oa m dU pE C o E K C O Q m E m ro ° @ a) E E E a 0 3@ roc o o> H O@ .- U) ° C w C « _ a) C C C C U T UL N N E O N V @ N U 6 L> N n o d o U oa. m ro> U ro U 75 ° '- N Q a > N >_ a) > a°) a T d p o o ro 0 Z � Z _ Cl) U) tl) N +yy }}N yN N O O fA N U) N N a) a) My U C G@ C 42 a) a 0-� E S CpGZ 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 Monday Meeting of June 1, 2020 DATE: May 27, 2020 FROM: Laura Skundrick, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: FY 2021 Video Lottery Fund Allocation Continued RECOMMENDATION & ACTION REQUESTED: Discuss remaining items to develop expenditure plan for Video Lottery Fund (165) in fiscal year 2021. 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. On April 22nd, the Board began allocating those video lottery funds. Since then, Deschutes County has received the final FY20 quarterly payment, which now reflects as a reduction to the FY21 beginning balance, creating a deficit of $42,196 based on the Board's preliminary allocations from April 22. Staff seeks direction on how to best balance the Video Lottery budget and address remaining follow up items from April 22. Attached are supporting documents intended to assist with this process. ATTENDANCE: Laura Skundrick, Administrative Services To: Deschutes County Board of Commissioners From: Laura Skundrick, Administrative Analyst Date: June 1, 2020 RE: Continuation of Video Lottery Fund discussion Commissioners, At the Board meeting on April 22, 2020, the Board began the process of allocating FY21 projected video lottery funds. On May 6, Finance received the final video lottery payment for FY20 from the State for $116,970, which represents a 50% reduction from earlier FY20 quarterly payments. The Oregon Department of Administrative Services has communicated that 50% of video lottery revenues are being withheld in order to cover debt service payments on lottery revenue bonds. DAS has estimated that our next quarterly payment, which is expected in July, will I- - be reduced even more. The reduction in the Q4 payment reduced the beginning balance for FY21, which created a deficit of $42,196 based on the Board's preliminary allocations from April 22. Staff seeks Board direction on how to best balance the Video Lottery budget. Additionally, staff has prepared updates on the following items, which the Board requested follow-up information / discussion on during discussions on April 22: Economic Development of Central Oregon (EDCO) The Board allocated $223,200 of video lottery funds to EDCO, then discussed supplementing with additional funds. On May 26, EDCO modified their FY 2021 request and is now requesting $264,000. EDCO received $248,000 in FY2020. The Board could choose to supplement the initial VLF allocation for EDCO with unallocated Tourism Room Tax or non -designated General Fund. BendNEXT Childcare request The Board requested more information, attached. 1300 N\N WAI Sty r,er Bend, Oregon W70-; (,541) 3b8 6565 adIT1IIilurtes.org vvvvvv desdc (IIcrs.org Affordable Housing The Board asked whether the $20,000 allocated for a potential affordable housing project support in FY20 was spent. Staff confirmed it was not spent in FY20, however that amount is reflected in the projected FY21 Video Lottery Fund beginning balance. - Service Partners The Board noted potentially increasing the FY21 allocation if funds were available. o Saving Grace / Mary's Place o Central Oregon Veteran's Outreach - United Way 2-1-1 The Board requested more information on the 2-1-1 program. 2-1-1's response to that request is attached. - Upper Deschutes Watershed Council (UDWC) The Board requested a presentation from UDWC. Executive Director Kris Knight is scheduled to present to the Board on June 29tn - Discretionary Grant remaining balance and potential Q5 There is $2,334 remaining in the FY2020 discretionary grant fundraising balance. On April 22, the Board requested information from service partners and previous grant recipients about the cancellation of fundraisers and increased service demand due to COVID-19. Those responses have been collected and have been provided to the Boara. The Board also discussed a $20,000 Q5 discretionary grant offering in FY2020. Staff seeks Board direction on next steps relating to this offering. If we move forward with a Q5 grant option, it will increase the projected deficit for FY21. Additional responses to Board questions from the April 22"d discussion are below. ❑ Family Access Network statistics Chair Adair inquired about the number of children reported as homeless in FAN's Service Partner report. Julie Lyche, FAN Executive Director, provided an explanation, summarized here: The Federal McKinney Vento laws through the Department of Education defines homelessness differently than HUD, and the "Point in Time Count" McKinney Vento counts families that are doubled/tripled up in one apartment or home or that are living in trailers with no hook ups (water/sewer), while HUD does not count those, therefore these numbers are always higher. Julie is 1300 NW Wall Su-1I Sr_nc, Oiegon 97703 (541) 388 6565 admm011l Jr_,s(lm�cs.org mwy.de<<I wes.org available to follow up with Commissioners to discuss further. ❑ Special Transportation Fund (STF) local match Commissioner Henderson asked whether the $2,500 allocated for STF local match with La Pine rural transportation services could be designated in the future as a Statewide Transportation Improvement Fund (STIF) project. Cascades East Transit confirmed that it can be, and staff will pursue this during project discussions for the next biennium. 1 :100 NVV Wall Sth (,cr Bend, Oi ol,lorl 91IJ3 (541) 385 C %5 wwoJ,(I ,durtes.org CATEGORY PROGRAM ..._ _... _.- _.... ..._..__ RESOU RCES .._ Estimated_Beginning Net Working Capita_l__ General Fund Transfer State Video Lottery Revenue Interest Revenue Contingency TOTAL RESOURCES REQUIREMENTS Administration Internal Services Sub -Total Economic Development EDCO Regional Capacity / Operational Support Local Capacity: Local Capacity: La Pine Local Capacity: Redmond _ Local Capacity: Sisters* Venture Catalyst Program _ _ FoundersPad R-iness Loan Fund Recaoitalization (Fund 105) Optional to allow for unexpected revenue varia0ons. Contineem, was estimated at 10% of anticipated revenue. not On 4/22 the Board allocated $223,200 in VLF for EDCO. Administrator Anderson offered that the BOCC could increase total funding amount to meet FY20 allocation of l241,010 (+$24,800) or the FY21 request of $264,000 (as ammended by EDCO on 5/26) (+$40,800) with potential transfer ofnon- desienated General Fund Reserve or unallocated TRT Shop -with -a -Cop Program $ (81000) $ (31000) $ (2,500). No increase requested. Public Transit: Rural Services $ (2500) $ ( (2,500) $ (2,500). Second year of biennial commitment. Arts & Culture $ (201000) $ '.. (20,000) $ Fuels Reduction Grant $ (40,000) $ " (40,000) $ One time project fund: MountainStar RDM $ $ (5,000) .'.Commissioner DeBone requested more information - One time project fund: BendNEXT Childcare N/A $ $ : (5,000) attached. One time project fund: CO Center for the Arts N/A $ $ (5,000) One time request: $1,000, $5,000, $10,000 or $25,000 `. Staff confirmed that was not spent in FY20 however it was One time project fund: affordable housing $ (20,OOD) $ $ reflected in FY21 beginning balance IService Partners ILentral Oregon Louna) on Aging ti--um) RIDS Center $ (30,000) $ (30,000) $ f (30,000). Request: $60,000, increase of $30,000. Latino Community Association $ (20,000) $ ;: (20,000) $ (20,OOD) Request $25,000, increase of $5,000. Bethlehem Inn $ (32,000) $ (32,000) $ :. ($0,000) Request: $40,000, increase of $8,000. Family Access Network (FAN) $ (151000) $ (15,000) $ (10,OOD) No increase requested. Request: $25,000, increase of $8,000. During 4/22 discussion, P Board discussed increasing FY21 amount if funds were Saving Grace / Mary's Place $ (17,000) $ (17,000) $ (20,00D) available. ;Request:$30,000, increase of$10,000. During 4/22 discussion, Board discussed increasing FY21 amount if funds were Central Oregon Veterans' Outreach (COVO) $ (20,000) $ (20,001)) $ (20,000) available. Court Appointed Special Advocates (CASA) $ (30,OOD) $ (30,000) $ : (30,000) No increase requested. .._ ... _._ Heahhy Beginnings _... 3 (20,000) $ '. (20,000) $ (20,000) No increase requested. No Increase requested. During 4/22 discussion, $ Commissioners requested more information about 2-1-1 Central Oregon 2-1-1 $ (10,000) $ (10,OOD) $ ' services, attached. Board requested presentation which has been scheduled for Upper Deschutes Watershed Council $ (201000) $ : (20,000) $ : (20,ODO) June 29th. Lary Grants $ (b0,uuu) $ lbl, /ly) b: tbu,uuu) ng Grants $ (15,000) $ (12,666) $ (15,000) Remaining$2,334 in Fundraising Q5 - $20,000 Grant BALANCE Cuttivoting Growth Through Community Community Need: BenclNEXT/Bend Chamber — Child Care Accelerator Initiative March 15, 2020 Amount Requested: $10,000 501c3: 93-1224982 Overview: Central Oregon is a recognized child care desert. One in three children in our region is in need of a child care spot. This has had a drastic impact on children, families and employers. A new study just released by The Center for American Progress ranks Oregon the highest in parents experiencing job disruptions as a result of child care issues at over 14 percent. Regionally, we are in need of thousands of spots. 11,550 Children 0-5 years Available Slots z Unmet demand/ Missing Slats Action to Date, Going Forward: Supply 62 total child care providers - Including Certified Child Care Centers, Certified and Registered Family Child Care, and Exempt Child Care. Excluding Preschool, Head Start and School -aged programs. 3,045 desired child capacity/available slots (Child Care Resource & Referral Noccrraware - September 2018) Demand 6,930 children 0-2 years 4,620 children 3-5 years (OSU Early Care & Education Profiles using PSU Center far Population Research-August2018) To help address this need, a cross -sector group including The Bend Chamber, Governor Brown's Regional Solutions team, Better Together, The Early Learning Hub, Neighbor Impact, Central Oregon Health Council, TRACES, OSU-C and COCC created a Central Oregon Child Care Accelerator position to work with employers, providers, brokers and more to create additional spots. BendNEXT, the 501c3 arm of the Bend Chamber of Commerce stepped up to host and administer this initiative and accelerator position. The overall goal of this initiative in the short term is to break down barriers to developing more high quality and affordable child care options in the region, with an eye toward increasing available child care openings by 1,000 in the next two years. In order to achieve this goal, various solutions will be required to help providers and employers add more spots. Some identified strategies include: - Create a low-interest/grant program to assist providers/development of facilities; involve banks and other institutions to offer low interest loans - Establish a capital campaign to create a child care "fund" Create a regional building inspector to streamline facilities RFI out to COAR and COBA for pro-bono work/reduced costs for child care facility construction/rehab - Continue to work and support local governments on improving policies and reducing barriers to create more child care spots - Work with COCC and OSU-Cascades to explore child care facilities co -located with our higher learning institutions - Create and fund positions to help providers, employers and property owners navigate state and local requirements The Central Oregon Child Care Accelerator position has been partially funded thanks to public, private and non-profit entities. We have raised over $100,000 to cover the position to date. We are requesting support to fill the remaining gap for the Central Oregon Child Care Accelerator position. Current needs are roughly $30,000 to fundraise to help cover expenses related to website, collateral material development and salary for year one ending in November of 2020. La u ra, 2-1-1 has two primary responsibilities: 1) daily connecting people (via phone, website, email and text) to needed services utilizing its omnibus database of services 2) service as the primary provider of information for the public during disasters, in support of government emergency management departments. I believe you have already received information about role #1... the number of assistance requests from Deschutes County that 2-1-1 handles, an average of 131/month. While that is critically important to those people who need help finding and connecting with needed services, it is role #2 that I believe is most valuable to communities like Deschutes County during disasters and other times of crisis ... like right now during the COVID-19 pandemic. 2-1-1 is the recognized and broadly advertised place for members of the public to turn for COVID related information including virus testing, stimulus payments, unemployment and where to find childcare, food, shelter, rent/mortgage assistance & utility assistance, etc.. During the period of the pandemic and Oregon's stay at home order, statewide calls to 2-1-1 increased several hundred percent from an average of 7,000 calls per week to a high of 41,000 calls per week in late March/early April. United Way of Deschutes County has always evaluated programs and services for efficiency and effectiveness, and continues to do that today. Based on current circumstances, including anticipating diminishing revenues, we are adjusting our priorities and investments. While 2-1-1 is a valuable service to our community, especially during these extraordinary times, we believe that Deschutes County's continued investment in 2-1-1 may no longer be necessary for the continuation of those services to the citizens of Deschutes County. We respectfully request that 2-1-1 be removed from consideration for funding this year. Please feel free to follow up with me regarding this request. Respectfully, Ken Wilhelm Ken Wilhelm Executive Director United Way of Deschutes County ken@deschutesunitedway.org 541-389-6507 1130 NW Harriman St. PO Box 5969, Bend, OR 97708 UPDATED AFTER BUDGET COMMITTEE DISCUSSION To: Deschutes County Board of Commissioners From: Laura Skundrick, Administrative Analyst Date: June 1, 2020 RE: Continuation of Video Lottery Fund discussion At the Board meeting on April 22, 2020, the Board began the process of allocating FY21 projected video lottery funds. On May 6, Finance received the final video lottery payment for FY20 from the State for $116,970, which represents a 50% reduction from earlier FY20 quarterly payments. The Oregon Department of Administrative Services has communicated that 50% of video lottery revenues are being withheld in order to cover debt service payments on lottery revenue bonds. DAS has estimated that our next quarterly payment, which is expected in July, will be reduced even more. On Friday, May 29, the Board of Commissioners determined that Economic Development of Central Oregon (EDCO's) FY 2021 request of $264,000 will be paid with Transient Room Tax (TRT) reserves. Additionally, the Board determined the remaining FY 2020 payments to EDCO for May and June (totaling $25,500) will be paid for from TRT reserves. With those two shifts, there is now an additional Video Lottery funding that could be allocated for FY2021 requests. Staff seeks Board direction on if the Commissioners would like to revise the initial allocations made on April 22. Additionally, staff has prepared updates on the following items, which the Board requested follow-up information / discussion on during discussions on April 22: BendNEXT Childcare request The Board requested more information, attached. Affordable Housing The Board asked whether the $20,000 allocated for a potential affordable housing project support in FY20 was spent. Staff confirmed it was not spent in FY20, however that amount is reflected in the projected FY21 Video Lottery Fund beginning balance. 1300 NW Wall Street Bend, Oregon 97703 (541)388-6565 admin@deschutes.org www.deschutes.org UPDATED AFTER BUDGET COMMITTEE DISCUSSION Service Partners The Board noted potentially increasing the FY21 allocation if funds were available. o Saving Grace / Marys Place o Central Oregon Veteran's Outreach - United Way 2-1-1 The Board requested more information on the 2-1-1 program. 2-1-1's response to that request is attached. - Upper Deschutes Watershed Council (UDWC) The Board requested a presentation from UDWC. Executive Director Kris Knight is scheduled to present to the Board on June 29tn Discretionary Grant remaining balance and potential Q5 There is $2,334 remaining in the FY2020 discretionary grant fundraising balance. On April 22, the Board requested information from service partners and previous grant recipients about the cancellation of fundraisers and increased service demand due to COVID-19. Those responses have been collected and have been provided to the Board. The Board also discussed a $20,000 Q5 discretionary grant offering in FY2020. Staff seeks Board direction on next steps relating to this offering. Additional responses to Board questions from the April 22"d discussion are below. Family Access Network statistics Chair Adair inquired about the number of children reported as homeless in FAN's Service Partner report. Julie Lyche, FAN Executive Director, provided an explanation, summarized here: The Federal McKinney Vento laws through the Department of Education defines homelessness differently than HUD, and the "Point in Time Count" McKinney Vento counts families that are doubled/tripled up in one apartment or home or that are living in trailers with no hook ups (water/sewer), while HUD does not count those, therefore these numbers are always higher. Julie is available to follow up with Commissioners to discuss further. • Special Transportation Fund (STF) local match Commissioner Henderson asked whether the $2,500 allocated for STF local match with La Pine rural transportation services could be designated in the future as a Statewide Transportation Improvement Fund (STIF) project. 1300 NW Wall Street Bend, Oregon 97703 (541) 388-6565 admin@deschutes.org www.deschutes.org UPDATED AFTER BUDGET COMMITTEE DISCUSSION Cascades East Transit confirmed that it can be, and staff will pursue this during project discussions for the next biennium. 1300 NW Wall Street Bend, Oregon 97703 (541) 388-6565 admin@deschutes.org www.deschutes.org ;u -i (A r) EA C v p 1n __ m 1n D 70 m 0 c o c c c ^ c Q m O m 3 0 o v+ a• v 1I is � n m o j.lC 0 alp 0 3 0 rR! o m 0 0 0 0 Z '+ c ,� I'. 's 1 v, .� 1 .. 3. �' j m y y : � �! a c Cl;pl Oi r iv Im ml A Z— — — ! — 'O —! O — v N m 4 rD D m Di o j� o il °a (`� m -4 3 '* :3 3 tn ! m n Z V fD' rD O m N 0 o j ! 1 v j j r-. DQ v 3) j 3 (D ! I ! ; I i i I i m -0 -n C n Snr) N �T W rT� n - 00 00 OTDvtn to -- �pi''nGrrrr m .-- n— -! ulG)m — o c o m rD o m v v m w m coo m - o o o c g c o- c c o m o o !o o p; O r3D a "o °' c <_ s Q ,' c m vm—, -� •1� — 2 v v v n! m �' m m m m to 0' O n m C 7 m � m O m - O 0 7 = O. Qo n O C 01 7 m vo ? c m v s w m m o n fl A < m° n n!n n v o <. v m v° =•. 0 < D— Gl D n m w 3 3 3 m n D m v v v v rD Q io � — Vl' O -O m � n m m m rD �., rD C V; N Z7 T m O W O l n o Q O v 3 n n a4 � m Q � ° n v c 0 v fl v v v v m m c O w m v m N cu cn a o o o • i n o pq n m aq O rD n m rD ,� m -i -s n C d S O N n n n n 0 < O W -n S Oq OQ m V1 m ^ SU 0'Q _+. -s N N N O {fi G) Gl � 0 7 r�D N 7 C O Q T C m m m m m p O i Q �' rr f* rr ( ^ C N Z! 7 O m n n O' -n vmi C rD 7 p 7 N tmii N O °- < '+ N n ,,. ,..' c 'O m C V7 ;o r CO n m m Di n o v ( aq o (DD n o 3 o c c c c -0 1 � Q v M� N °' o v - m m D 3 c o o 1� n o o Q o v �I� oq v o N C. v " S zl n a Q Q a in oa n m L^ o m` �' ! <, Z 3 rD N C O rD N m— ! p� n W m y O n N �F O \( rD O n v v �I ^_ ° p m �. 3 3 ° 3 Q pp m Q o rno DI °- c o o c ^! rD 3 o MI D :3 Q < c z 3 T Z D Q m° 0( m 9 ° o N 0 v ° 3. Flo a :3 z rD x a m v. v I I rD ( ( Q. ( n n n c ;, jam. N O 3 p = v LA 4A Vt {t b4 i,q jq b4. {A b4 4A b4 b% b4 bq 44 iA 409 Aft b4 4A ': 44 tp 'A 164 b4 to b4 {A {R. 'A b4 b4 b4 b4 W 414 iA #A b`1 00 OD V V N. U7 O. 0� 0 O O O O 0 0 0 0 lli ln. 00 O : N Cn U'i N N. O O O O O. 0 0 0 O O O O O O O O O O 0 0 ' In Ln 00 -O CD C) OO 000 O 00000000 O 00 00 0 0 o O o 0 0 0,0 0 0 0 00 0 0 0 0 0 0 0 0 O o rrDD c 0 0 0 0 0< o rAD < a m 0 r�D rXD (m m 0 0 ° o 0 o 0 0 p 3 ° v m 3 v. 3 v D c s.�-0 .0 .0 c c (c IC c 3 c m y n 3 ^ i° : v Ia v 3 3 a m v v N Q^ 3 n n n° �_ o m° 6 ° m n m m m m n n m LA r^ S m O 3 rD �• ^ I I Q N � � Q� O• 7• ? rD N 9 N' N N rD N_ N N 0) � °- ,.NY, N' O_ L N m 0 N N E N• N b9! N N °. -O_n• rD a rD ! N N I7 ! n ° o 3 0'Q tU In In In mmm n b9 CW n b9 N b9, b4 b4 In In b4 CNm AN�wmmV 7 3 O N Q 3 3 -i N i I iA N rD SU rN* ^rD = M M -s m m rD V1 O N O V1 Ul O -"' p O N N O m 0 0 0 0 rD m p rD C r3n -z 1 O m 0. � U'i '� W w a� �� ao QO� CD 00 0 C C Q I� C j 3 o ! A C C C m m m m O OC Oi_ O O m ' m m n n o m m =r O n N 7 rD -0 (A M. C m m n 7 r 7 '7 ,�. ,�.' 7 'r) n m m n n rD rD ,O-' O 7 (3^. b9 m m Q D M- -n rD m Q LAQQ m rD m 'QrD a p-� om .f W 0m m c :3 N 0) nm v v v v lI o n mID ° o moo rMo o. � ° o v° v 1 v 0 CD .a O rn �I m O s m. � Ij W W ! W N 010 v O O j O d r 3 1 0 m ° ° 1 ! N ( O N O O O p In O o O 01 0 O O '..' 4� rD m ( c m � p Q 0 v n ^ 3 ^ ° 3 0 3 0 oip0 0 O 3 : '" — n, p Q Q O O O O O1 O O p V; LA lu o O K°-0 a O N ! O ! Q C m 7 3 ° 1 7 OOa A ! O bi N N ! n < m 0. A Q N j rD 0 S m C -' ! N N r2 N N ! Q N C)N O 7 Q 3 -" N rD n f: O j j 7 m M c ! ! m Q A Vi rD Q n cLA N O s o M N O j rD — ,�-' C)O O ! ! N 3 i 1 M aiCL a 31m m 0r n <!r+ A Di "n Q fu C C C O r+ nj A o n N � 0 V N 464 {q 414 114 AA, b4 414 N r N N O W V W O 10 n O W .n o w 4 o 0 o v O v in 0�I o I0 N! C rD m X v 3 rD m o o Dj C (A ~2 m j ° LA _0 0 ° 3 rD s QX �. r � ! o CD °' m 0 0. n m No m LA rD C <I ° m Q tU mrD �• o rD v Ij m fD O O 13 z T �rD 1 Ai u'I 0 'X01E S CO of 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 Monday Meetinq of June 1, 2020 DATE: May 27, 2020 FROM: Erik Kropp, Administrative Services, 541-388-6584 TITLE OF AGENDA ITEM: Discussion of Facility Project Review Committee RECOMMENDATION & ACTION REQUESTED: Staff recommends discussion and input to the Facility Project Review Committee role and scope, press release, and application. BACKGROUND AND POLICY IMPLICATIONS: The Board directed staff to create a Facility Project Review Committee. The purpose of the committee is to provide input and recommendations to the Board on specified County projects. Attached are documents Board review and input: -Document summarizing the Facility Project Review Committee concept -Draft letter outlining the role and scope of the committee -Draft press release -Draft application FISCAL IMPLICATIONS: None. ATTENDANCE: Deputy County Administrator Erik Kropp Packet Pg. 274 Facility Project Review Committee Draft — May 14, 2020 1. Types/size of projects for committee: • $200,000 and up • Other challenging, critical, or high profile projects 2. Review Committee: • Target: retired person or person working in the field, but person agrees not to bid on project o General contractors (2-3) o Architect o Person with experience with estimating commercial building construction costs o Real estate agent o Developer o Person with public sector project experience (preferable experience with commercial building projects) 3. Role/Scope — provide a recommendation to BOCC on the following • Development options and alternative solutions (purchase existing building, remodel, build) • Review and refine conceptual proposals • Review and refine project scope (space needs, square footage, etc.) • Costs: o Assumptions used for budget estimate (low, medium, high estimate) Cost per square foot o Review current and future construction costs (cost escalations) o Commodity costs o Contingency • Contracting method: design -build, CMGC, etc. • Value engineering Date: DRAFT To: Members of the Facility Project Review Committee From: Board of County Commissioners Re: Role and Scope of the Facility Project Review Committee Thank you very much for volunteering your time to be part of Deschutes County's Facility Project Review Committee. This is a new committee and we look forward to your input and recommendations on specified County projects. The Board will assign the committee capital projects to review. In general, projects will be projects over $200,000 and projects that are challenging, critical, or high profile. Projects will not include private development or projects from other governmental entities. Listed below are the roles and responsibilities of the committee. The committee will provide the Board of County Commissioners input on the following areas: 1. Development options and alternative solutions (purchase existing building, remodel, build, etc.) 2. Review and refine conceptual proposals 3. Review and refine project scope (space needs, square footage, etc.) 4. Contracting method: design -build, CMGC, etc. 5. Review costs: ■ Assumptions used for budget estimate (low, medium, high estimate) ■ Cost per square foot ■ Current and future construction costs (cost escalations) ■ Commodities ■ Contingency levels 6. Value engineering Additional Information 1. County staff will make presentations and recommendations to the Committee. 2. The Committee will elect a chair -person to run the meetings and write up recommendations from the Committee. County staff are available to assist the Committee with drafting recommendations. 3. Although Committee consensus is a desired result, Committee recommendations will be based on a majority vote. 4. Committee members serve at the pleasure of the Board of Commissioners and can be removed for any reason. **DRAFT** - May 8, 2020 PRESS RELEASE — Deschutes County accepting applications for the Facility Project Review Committee Deschutes County is accepting applications for its new Facility Project Review Committee. The committee will provide recommendations to the Board of County Commissioners on pending and upcoming County building and facility projects, as requested by the Board. The committee will provide recommendations in the following areas: development options and alternative solutions, conceptual proposals, project scope, cost estimates and cost, contracting methodology, and value engineering. The committee may also be asked to provide feedback and recommendations on whether to build, remodel, buy or lease a facility. The Board will assign projects for review based on the projected costs (in general, projects over $200,000) and projects that are challenging, critical, or high profile. Projects will be limited to those that being considered or planned by the County. Projects will not include private development or projects from other governmental entities. Examples of possible projects includes the expansion of the Adult Parole and Probation building, future Deschutes County Circuit Courthouse expansion, and acquisition or building of a Redmond Hub. The County is seeking applicants with a wide variety of backgrounds, including people with the following experience: general contracting, architecture, real estate, commercial building cost estimating, developer, and public sector project management. Deputy County Administrator Erik Kropp said he expects the committee to include 7 —10 members, which will be approved by the Board of County Commissioners. The committee will likely meet quarterly, as needed. Meetings are expected to be held in Bend at the Deschutes County Services Center. To apply, complete and submit an application online, or print the form (available at www.dcschutes.ort/XXXXXX) and mail or email the application to Erik Kropp, P.O. Box 6005, Bend OR 97708-6005 or at erik.kinapp c deschutes.o=. All applications must be received by XXXXXX. For questions about the committee, please contact Erik Kropp at 541-388-6584 or via email. FACILITY PROJECT REVIEW COMMITTEE Due No Later Than XXXXXX PURPOSE: The Facility Project Review Committee will provide recommendations to the Board of County Commissioners on pending and upcoming County building and facility projects, as requested by the Board. The committee will provide recommendations in the following areas: development options and alternative solutions, conceptual proposals, project scope, cost estimates and cost, contracting methodology, and value engineering. SCHEDULE: It is anticipated the Facility Project Review Committee will meet quarterly, beginning in XXXXX. Meeting dates, times, and locations are to be determined but will likely on XXXXXXXXX. TO APPLY: Mail, e-mail or hand deliver a completed application to Deputy County Administrator Erik Kropp at: P.O. Box 6005, Bend OR 97708-6005 or erik-kropp-@deschutes.org. For questions, please call Erik at 541-388-6584. Name: Home Address: Telephone & Email: _ Occupation: Company/Organization: Business Address & Telephone (if applicable): Position Applied For: ❑ General contractor Rep. ❑ Architect Rep. ❑ Commercial building cost ❑ Developer Rep. estimator Rep. ❑ Other: ❑ Real estate agent Rep. ❑ Public sector project Rep. Why would you like to serve on this committee? Attach additional pages if necessary. (More information on reverse) I certify the foregoing information is correct to the best of my knowledge. Name (printed) Signature Date To request this information in an alternate format, please call Erik Kropp at 541-388-6584 or send an email to accessibility c eschuie c,ig. v-� Es roc. ' ` A o .A c June1,2020 Governor Kate Brown 900 Court Street, NE, Ste. 254 Salem, Oregon 97301-4047 Governor Brown, Deschutes County is requesting to enter Phase II of the State's Reopening process on Friday, June S. In making this request, we certify the following: • We attest that County first responders currently have sufficient Personal Protective Equipment; • Deschutes County has 12 trained contact tracers available and is in the process of hiring three additional employees to assist with these efforts. We're working to expand contact tracing capacity by training local volunteers. This team is currently tracing 100% of all cases within 24 hours: Deschutes County has not identified any substantive changes since our Phase I application was submitted. We are carefully monitoring the six public health indicators that the Oregon Health Authority (OHA) is tracking: Public health indicators for monitoring COVID•19 in Oregon's countiest 7'I:c. c- .. i�.��}r. n l c-�"-p E, ..o.',.:.-....,E ._..., -a.-: - ___... _ c.. -. 3X New cases not traced Follow up initiated u�'c'v visits Par percent of :oats that Nevi cases do net to a known source is CCVIO.19 hospital within 24 hours for County COVID-like illness is result positive does not increase more than 546 admissions decline below 3a for last 7 9545 or more of cases in below 1.54n' trend up in last 7 days in last 7 days days over thelast 14 days last 7 days C lacrcamas C!atsep C01 ITJIs Coos C-1 C' y Deschutes ✓ Do ;r7 e d ✓ it _o-c ✓ • SOOCc ✓ Do glas As you II see in, the table above, we are ctrrrently,meetiilp all but one of the Indlcat-o-is on pe _rcent Increase to new cases._ However, as you_know this indicator appeal s to bean either] or metric and we are currently me_etln,g the Companion metl Ic which, is a decline In percent ofpositive tests. AS son it-, l,e ;ahle a ove, vve are cur—,ndy nneeIlng all bUT ale of tl-I� t, cators (ia) v, i<! Is a-: or- CIla I I 3° ease In yeas,_caseshe last senor d _- S. 1 iov.Eve,,, as yoi5 ,X 0ias IndiEatu is an eil er/ol- C andi %, Q�,a� tl ie-C,)nlpanlo Iretl F. (713), wh M-iS 0 d�EICIIJIC) lP the percelu of tests thar yes. !c positive In the seven d -its: A4aen the State i-efi-Sshes the oii hulsday;-Ide-expectto ineet-The {-ecluire e! its -for 76, 1300 NW Wall Street Bend, Oregon 97703 °Q(541)388-6572 board@desdhutes.oig @www.deschutes.org Commented [WH1]: Suggested update: III With the anticipated recruitment of three additional employees, and assuming a steady infection rate, Deschutes County should have sufficient capacity to do investigation, j �l contact tracing and wrap around services. __ Additional information about how Deschutes County is meeting the State's public health indicators is available in the attached slides. Thank you for your consideration of our application to enter Phase II. Please feel free to contact us if you or your staff have follow-up questions. Sincerely, Patti Adair, Chair Anthony DeBone, Vice -Chair Phil Henderson, Commissioner