2021-382-Resolution No. 2021-069 Recorded 10/5/2021Recorded in Deschutes County CJ2021-382
Steve Dennison, County Clerk
REVIEWED Commissioners' Journal 10/05/2021 3:55:42 PM
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LEGAL COUNSEL
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2021-382
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Reaffirming and Revising the
Policy On Undocumented Residential Structures * RESOLUTION NO. 2021-069
WHEREAS, the Board of County Commissioners ("Board") previously found (Resolution No. 93-112)
that an unknown but potentially significant number of existing residential structures in areas of the County that
are regulated under the County's building inspection program, built or remodeled since Deschutes County
("County') adopted State of Oregon building codes in 1974, do not have documentation in official County
records of required plan review, building permits or inspections; and
WHEREAS, the Board previously found that some undocumented residential structures were never
permitted, and that others may have been permitted but County permit records prior to January 1, 1988, are
missing or incomplete, and it therefore may not always be possible to determine why the residential structure
was undocumented; and
WHEREAS, the Board previously found that it is in the best interest of the citizens of the County that
the status of undocumented residential structures be established, and that any fire or life safety code violations in
such structures be identified and corrected; and
WHEREAS, the Board previously found that it is not in the interest of the citizens of the County that all
undocumented residential structures built before January 1, 1988, be brought into compliance with all provisions
of applicable building codes; and
WHEREAS, the Board previously found that the County lacks the resources to undertake a
comprehensive, County -wide program to physically identify and inspect all undocumented residential structures
to determine their permit status and code compliance; and
WHEREAS, the Board previously found that it is in the interest of the citizens of the County to establish
a process for determining the status of undocumented residential structures, and for correcting fire and life
safety code violations in such structures, within available County resources; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The findings in Resolution 93-112 are reaffirmed, and the procedure set forth in
Appendix "A," attached hereto and incorporated by reference herein, is hereby adopted as the policy of
Deschutes County for resolution of the status of undocumented residential structures and correction of fire and
life safety code violations in such structures. Appendix "A" attached hereto replaces Appendix "A" attached to
Resolution 93-112.
Section 2. This Resolution takes effect on October 1, 2021
PAGE 1 OF 2 — RESOLUTION 2021-069
Dated this- 7 of 2021
ATTEST:
Recording Secretary
PAGE 2 of 2 — RESOLUTION 2021-069
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
l 'Zil; '
ANTHONY DeBONE, Chair
PHIL CHANG, Vice Chair
PATTI ADAIR, Commissioner
LEGITIMIZING UNDOCUMENTED RESIDENTIAL STRUCTURES PLAN (APPENDIX "A")
Property Address:
Owner's Name:
Agent's Name (if applicable):
Phone: ( )
hone: ( )
The subject property has an unpermitted structure(s), unpermitted Change of Use of a structure(s)
and/or unpermitted plumbing, mechanical, or electrical installations. This process provides a path
to obtain the required permits and approvals for the unpermitted work. The specific required
actions will be determined based upon pictures submitted by customer (i.e. foundation,
all interior walls/ceilings, all exterior walls, attic space, underfloor space, electrical panels,
County inspection records, etc.).
No Assurance: The County cannot guarantee that permits will be issued. Issuance is based
on structure -specific status and information and application of applicable code provisions
The County will endeavor to work with owners and owner's legal representatives towards
compliance and permit issuance.
Action Required (To be filled out by Count sy taffl
Structure:
Proposed Action: ❑Obtain required permits ❑Conversion to allowable use ❑ Demolish
❑ Remove
For "conversion to an allowable use" please describe in detail the proposed new use and actions
proposed to convert the structure:
Site Plan Required? Is the proposed site plan identifying the structure to be documented
attached to this plan?
❑ YES ❑ NO If no, explain:
Page 1 of 4
Required Permits and Other Actions
The proposed action is subject to the following additional permit(s) and actions:
Planning_ Division Planner Name:
❑ Removal of Cooking Facilities and 220V Wiring (Note: See "Definition of a Kitchen" memo)
❑ Restrictive Covenant -Required Prior to Building Permit Issuance (or timing specified below)
❑ Land Use Permit File No.
Notes -
Building Division
The following documents must be submitted to the County for review to determine whether the
unpermitted structure/work can be permitted and approved:
❑ Inspection report from an Oregon licensed engineer verifying the structure is structurally
sound and safe for the intended use (or list deficiencies and remedies). Report must
specifically state the intended use and Risk Category of structure.
Notes-
0 As -built construction plans
Full Set of Construction Plans/Floor Plan/Elevations/Other (Circle One)
Notes -
El Inspection report from an Oregon licensed home inspector.
Fire/Life Safety Items Only (Before 1/88)/Complete Home Inspection Report (After 1/88) (Circle One)
Notes-
0 Inspection/testing report from an Oregon licensed electrical contractor verifying the system complies
with the Oregon Electrical Specialty Code. See attached electrical inspection report that must
be completed by electrical contractor.
Notes-
❑ Inspection report from an Oregon licensed plumbing contractor verifying the system complies
with the Oregon Plumbing Specialty Code. Report must specifically state whether the system
complies or it does not comply (list deficiencies) with the OPSC.
Notes -
Page 2 of 4
Environmental Soils Division
Septic system approval must be obtained through procedures set forth in Oregon Department of
Environmental Quality's on -site septic system administrative rules.
❑ Change of Use Permit (AN) Permit No.
❑ Permit No.
Notes -
Code Compliance
A. General: If an inquiry pursuant to the provisions of Appendix "A" to Resolution No. 2021-069
reveals that the required permits and inspections may not have been obtained, the results of the
County's research will not be referred to the Code Compliance Division.
B. Special: If an inquiry pursuant to Appendix "A" to Resolution No. 2021-069 reveals the
required permits and inspections may not have been obtained and the Building Official
determines that the existing condition of the structure(s) is such as to constitute an immediate
and serious fire/life safety code violation, the results of the County's research will be referred to
the Code Compliance Division, however, monetary sanctions will not be requested.
C. If documentation submitted pursuant to Appendix "A" to Resolution No. 2021-069 or the
Building Official's review of it disclose an immediate and serious fire/life safety code violation, the
documentation and the Building Official's review of it will be referred to the Code Compliance
Division, however, monetary sanctions will not be requested. In such case, enforcement action
may be suspended upon good faith due diligence by the owner or owner's legal representative to
promptly correct the fire/life safety violations in the existing structure.
D. If an inquiry originates from a pending Code Compliance case, an investigative fee will be
charged on applicable building, mechanical, plumbing and electrical permits. Note: Additional
sanctions may apply. Where voluntary compliance cannot be obtained within a reasonable
timeframe, Code Compliance staff may cause a citation to issue or may issue a Notice of Violation
and Proposed Civil Penalty and initiate administrative enforcement hearings proceedings in
accordance with Deschutes County Code. All permitting requirements identified herein must
be completed by the following date:
Page 3 of 4
Owner/Agent Signature and Acknowledgements
By signing this LEGITIMIZING UNDOCUMENTED RESIDENTIAL STRUCTURES PLAN, I acknowledge
that Deschutes County Community Development staff may make one or more site visits to the
address listed on this application in order to evaluate compliance with the Deschutes County
Code criteria applicable to this plan. Please describe any special circumstances regarding a potential
site visit:
Owner's Signature:
M
Agent's Signature (if applicable)*:
Date:
Date:
*if this application is not signed by the property owner, a letter authorizing signature by the agent
must be attached.
Page 4 of 4