2023-292-Ordinance No. 2023-021 Recorded 9/20/2023REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2023-292
Steve Dennison, County Clerk
Commissioners' .journal 09/20/2023 4:42:35 PM
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2023-292
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 15, Building and Construction Codes and
Regulations, to Modify the Development Standards * ORDINANCE NO. 2023-021
for the Wildfire Hazard Zone.
WHEREAS, the Board of County Commissioners directed Deschutes County Community Development
Department staff to initiate amendments (Planning Division File No. 247-23-000649-TA) to Deschutes County
Code ("DCC"), Chapter 15.04 — Building and Construction Codes and Regulations; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on September 13, 2023
and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 15;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Deschutes County Code Chapter 15.04, Building and Construction Code
and Regulations, 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 stFike
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B", attached and incorporated by
reference herein.
Section 3. EMERGENCY. This Ordinance being necessary for the public peace, health, and safety, an
emergency is declared to exist, and this Ordinance becomes effective upon adoption by the Board.
PAGE 1 OF 2 - ORDINANCE NO.2023-021
Dated this d of , 2023 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DEBONE, Chair
ADAIR, Vice Chair
ATTEST:
4NA-Ctal
Recording Secretary PHILIP CHANG
..k
Date of 1" Reading: . day of 2023.
Date of 2°d Reading: � day of , 2023.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Patti Adair
Philip Chang
Effective date: 13 day of 2023.
PAGE 2 OF 2 - ORDINANCE NO.2023-021
Exhibit A
CHAPTER 15.04 BUILDING AND CONSTRUCTION CODES AND REGULATIONS
15.04.010 Specialty Codes And Building Requirements Adopted; Enforcement
15.04.015 Additional Local Authority
15.04.020 (Repealed)
15.04.025 Fences
15.04.030 (Repealed)
15.04.035 (Repealed)
15.04.037 (Repealed)
15.04.040 (Repealed)
15.04.050 (Repealed)
15.04.055 (Repealed)
15.04.060 (Repealed)
15.04.070 Building Abatement Code; Adopted
15.04.080 Fire Code; Adopted
15.04.085 Wildfire Hazard Zones
15.04.090 Definitions
15.04.100 Mobile Homes; Placement Permit; Inspection
15.04.110 Expedited Construction Start
15.04.120 Mobile Homes; State Certification Required
15.04.130 Building Permit Issuance; Zoning Conformance; Planning Department Approval
15.04.140 Industrial/Commercial Structure; Occupancy Certificate Required
15.04.145 Residential Structure; Occupancy Certificate Required
15.04.150 Building Or Mobile Home Placement Permit Issuance; Zoning And Subdivision Conformance
15.04.160 Permit Fees; Adiustments
15 04 170 Numbers For Addresses; Placement
15.04.180 Administration; Enforcement
15.04.190 Conditions Deemed A Public Nuisance
15.04.200 Violation; Penalty
15.04.210 Requirement For Water Service From Water Districts
15.04.220 Supply Of Water For Domestic Use In Conformance With State And Federal Regulations
15.04.085 Wildfire Hazard Zones
A. Wildfire Hazard Zones are those depicted on the Deschutes County Wildfire Hazard Areas map
on file with the County Clerk.
B. Adoption of the Wildfire Hazard Areas map implements the provisions of the e-
Mitiga R327 Roofing Section of the Oregon Residential Specialty Code enforced pursuant to
DCC 15.04.010(A).
HISTORY
Adopted by Ord. 2001-024 §1 on 61612001
Amended by Ord. 2011-022 §2 on 712712011
Amended by Ord. 2023-021 §1 on 911312023
STAFF REPORT
FILE NUMBER: 247-23-000649-TA
APPLICANT: Deschutes County Community Development
117 NW Lafayette Avenue
Bend, Oregon 97703
PROPERTY
OWNER: N/A
REQUEST: Text Amendments to modify the standards of the Deschutes County Wildfire
Hazard Zone in anticipation of 2023 updates to the Oregon Residential
Specialty Code (ORSC) Regarding Wildfire Hazard Mitigation.
STAFF CONTACT: Kyle Collins, Associate Planner
APPLICABLE CRITERIA:
Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative text
amendment. Nonetheless, since Deschutes County is initiating a legislative text amendment, the
County bears the responsibility for justifying that the amendments are consistent with Statewide
Planning Goals and its existing Comprehensive Plan.
I. BACKGROUND
The purpose of these code amendments is to address critical changes made by the State Building
Codes Division (State BCD) to the residential building code (Oregon Residential Specialty Code or
ORSC) regarding wildfire hazard mitigation. The proposed amendments will modify the standards
of the Deschutes County Wildfire Hazard Zone during the period before adoption and
implementation of that State Wildfire Hazard Map as administered by Senate Bill (SB) 80', passed in
June 2023. The Deschutes County Wildfire Hazard Zone has been in place since 2001, with minor
amendments in 2011. Since its initial adoption, the Deschutes County Wildfire Hazard Zone has
prohibited wooden -shake roofs pursuant to standards of the ORSC in all unincorporated areas of
Deschutes County. These local amendments would maintain previous requirements for residential
roofing by prohibiting wooden -shake style roofing, but would remove requirements for broader
' https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB80/Enrolled
11 7 NW Lafayette Avenue, Bend, Oregon 97703 i P.O. Box 6005, Bend, OR 97708-6005
V,(541)388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
wildfire mitigation building standards until such, time as t:he full implementation of SIB 80 is
complete.
II. APPLICABLE CRITERIA:
Deschutes County lacks specific criteria in DCC Titles 15, 22, or 23 for reviewing a legislative text
amendment to local building codes.
III. PROPOSED AMENDMENTS
The proposed amendments are described and detailed in Ordinance 2023-021, attached hereto.
Added language is underlined and deleted shown as strikethro gh. The amendments are necessary
to clarify existing standards and procedures, incorporate changes to the Oregon Residential
Specialty Code (State Building Code). The following section summarizes the proposed amendments:
DCC CHAPTER 15.04 BUILDING AND CONSTRUCTION CODES AND REGULATIONS
• DCC 15.04.085, Wildfire Hazard Zones - Removes general references to the Wildfire
Hazard Mitigation Section of the ORSC as implemented by the Deschutes County Wildfire
Hazard Zone. In conformance with previous standards, maintains compliance with the
roofing requirements of the ORSC for all areas identified within the existing Wildfire Hazard
Zone.
III. BASIC FINDINGS
The Planning Division determined changes were necessary to maintain existing fire mitigation
standards and procedures as administered by the Deschutes County Wildfire Hazard Zone. Staff
initiated the proposed changes and notes that notification of the Oregon Department of Land
Conservation and Development is not required for amendments to local building codes. As
demonstrated in the summary above, the amendments remain consistent with Deschutes County
Code, Deschutes County Comprehensive Plan, and the Statewide Planning Goals,
II. FINDINGS:
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010, Hearing Required
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the
Planning Commission shall beset at the discretion of the Planning Director, unless
otherwise required by state law.
FINDING: DCC 22.04.020 defines "legislative changes" as follows:
247-23-000649-TA Page 2 of 5
"Legislative changes" generafiy involve broad public poky decisions that apply to other
than an individual property owner. These include, without limitation, amendments to the
text of the comprehensive plans, zoning ordinances, or the subdivision or partition
ordinance and changes in zoning maps not directed at a small number of property owners.
The proposed amendments would affect DCC Title 15 - Buildings and Construction (as opposed to
comprehensive plans, zoning ordinances, etc.). The proposal does not constitute a "legislative
change" because it does not propose amendment to the text of the comprehensive plan, zoning
ordinances, the subdivision or partition ordinance or change in zoning maps. Therefore, review by
the Planning Commission is not required.
The Board of County Commissioners (Board) will hold a hearing to review the amendments on
September 13, 2023. This criterion is met.
Section 22.12.020, Notice
Notice
R. 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: DCC 22.04.020 defines "legislative changes" as follows:
"Legislative changes" generally involve broad public policy decisions that apply to other than
an individual property owner. These include, without limitation, amendments to the text of
the comprehensive plans, zoning ordinances, or the subdivision or partition ordinance and
changes in zoning maps not directed at a small number of property owners.
The proposed amendments would affect DCC Title 15 - Buildings and Construction. The proposal
does not constitute a "legislative change" because it does not propose amendment to the text of
the comprehensive plan, zoning ordinances, the subdivision or partition ordinance or change in
zoning maps. Notice of the public hearing and the proposed amendments will be posted on the
Deschutes County website following standard procedure. This criterion is met.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
247-23-000649-TA Page 3 of 5
C. Individual notice. ►bdividuai notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 21.5.503.
FINDING: Given the proposed legislative amendments do not apply to any specific property, no
individual notices were sent. This criterion is inapplicable.
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 is met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board of County Commissioners, and has received a fee waiver. This criterion is met.
Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order.
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: DCC 22.04.020 defines "legislative changes" as follows:
"Legislative changes" generally involve broad public policy decisions that apply to other than
an individual property owner. These include, without limitation, amendments to the text of
the comprehensive plans, zoning ordinances, or the subdivision or partition ordinance and
changes in zoning maps not directed at a small number of property owners.
The proposed amendments would affect DCC Title 15 - Buildings and Construction. The proposal
does not constitute a "legislative change" because it does not propose amendment to the text of
the comprehensive plan, zoning ordinances, the subdivision or partition ordinance or change in
zoning maps. Therefore, review by the Planning Commission is not required.
247-23-000649-TA Page 4 of 5
The Board will hold a hearing to review the amendments on September 13, 2023. This criterion is
met.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes will be implemented by Ordinance No. 2023-021 upon
approval and adoption by the Board of County Commissioners. This criterion will be met.
Ill. CONCLUSION:
Based on the information provided herein, the staff recommends the Board of County
Commissioners approve the proposed amendments modifying the standards of the Deschutes
County Wildfire Hazard Zone in anticipation of 2023 updates to the Oregon Residential Specialty
Code (ORSC) Regarding Wildfire Hazard Mitigation.
247-23-000649-TA Page 5 of 5
�f r Oregon
Tina Kotek, Governor
BCDI Building
Codes
Division
Department of Consumer
and Business Services
2023 Oregon Residential Specialty Code ORSC
Approved Wildfire Hazard Mitigation Provisions
SECTION R327
WILDFIRE HAZARD MITIGATION
R327.1 General. The provisions of this section shall apply to
dwellings and their accessory structures required by a local
municipality via local ordinance to be protected against wildfire.
Nothing in the code prevents a local municipality from
modifyingthe requirements of this section for any lot property or
dwelling, or the remodel replacement or reconstruction of a
dwelling within the jurisdiction, as provided in Section RI04.10.
R327.1.1 Local adoption. The provisions of this section may
be adopted in whole by a municipality via local ordinance
without following ORS 455.040 or OAR 918-020-0370. Where
a municipality chooses to adopt these provisions locally, the
following shall be included in the adopting ordinance:
1 Identification of areas subject to the additional
construction standards of Section R327.
2. A transition plan or other measures to address
subdivisions already under development at the time of
local adoption.
3. A local appeals process for customers to follow.
Where a municipality has previously adopted the provisions
of Section R327 locally, the requirements of Section R327.1.1
do not apply and the existing local ordinance may continue
without change.
R327.1.2 Notification. Where a municipality adopts Section
R327 locally, or where a municipality has previously adopted
Section R327 locally, the municipality shall notify the State of
Oregon Building Codes Division and provide a copy of the
locally adopted map identifying areas of the jurisdiction where
the additional construction standards of Section R327 are
required.
Senate Bills 762 (2021) and 80 (2023)
The local adoption provisions of &R327.1.1 and the
gpplication set forth by �R327.1.2 may be impacted by
ongoing efforts to implement Senate Bills 762 (2021) and
80 (2023). These provisions will be updated accordingly to
align with any actions taken by the legislature.
R327.1.3 Application. Where required by a municipality via
local ordinance, newly constructed dwellings, their accessory
structures, and new additions to existing dwellings and their
accessory structures, located in areas designated by the
municipality shall be protected against wildfire in accordance
with this section. Where existing exterior elements that are
within the scope of this section are replaced in their entirety, the
replacement shall be made in accordance with the provisions of
this section.
Exceptions:
1. Nonhabitable detached accessory structures with a
floor area of not greater than 400 square feet, (37.2
m2) located not less than 50 feet (15 240 mm) from all
other structures on the lot.
2. Partial repairs made in accordance with R105.2.2.
R327.2 Definitions. The following words and terms shall, for
purposes of Section R327, have the meanings shown herein.
See Chapter 2 for general definitions.
HEAVY TIMBER. For the use in this section, heavv timber
shall be sawn lumber or glue laminated wood with the
smallest minimum nominal dimension of 4 inches (102 mm).
Heavy timber walls or floors shall be sawn or glue laminated
planks splined, tongue -and -groove or set close together and
wells spiked.
IGNITION -RESISTANT MATERIAL. A type of building
material that resists ignition or sustained flaming combustion
sufficiently so as to reduce losses from wildland urban
interface conflagrations under worst -case weather and fuel
conditions with wild ire exposure of burning embers and
small flames. Such materials include any product designed
for exterior exposure that, when tested in accordance with
ASTM E84 or UL 723 for surface burning characteristics of
building,_ materials, extended to a 30 minute duration, exhibits
a flame spread index of not more than 25, shows no evidence
of significant progressive combustion, and whose flame front
does not progress more than 10t/2 feet (3.2 m) beyond the
centerline of the burner at any time during the test.
NONCOMBUSTIBLE MATERIAL. Any material that in
the form in which it is used and under the conditions
anticipated will not ignite, burn, support combustion or
release flaminable vapors when subjected to fire or heat in
accordance with ASTM E136.
®1535 Edgewater St. NW ® 503-378-4133 0 Oregon.gov/bcd
Salem, OR 97304
WILDFIRE. Any uncontrolled fire soreadinia through
vegetative fuels that threatens to destroy life property or
resources.
WILDFIRE EXPOSURE. One or a combination of
circumstances exposing a structure to ignition, including
radiant heat convective heat direct flame contact and
burning embers being projected by a vegetation fire to a
structure and its immediate environment.
R327.3 Roofing. Roofing shall be asphalt shingles in
accordance with Section R905.2, slate shingles in accordance
with Section R905.6, metal roofing in accordance with Section
R905.4 the clay or concrete shingles in accordance with
Section R905.3 or other approved roofing which is deemed to
be equivalent to a minimum Class B-rated roof assembly. Wood
shingle and shake roofs are not permitted on structures in areas
designated by the municipality.
Where the roof profile allows a space between the roof
covering and roof decking the spaces shall be constructed to
prevent the intrusion of flames and embers, be fireblocked with
approved materials, or have one laver of minimum 72-pound
(32.4 kg) mineral -surfaced nonperforated cap sheet complying
with ASTM D3909 installed over the combustible decking.
Where valley flashing is installed, the flashing shall be not
less than 0.019-inch (0.48 nun N�gage galvanized sheet
corrosion -resistant metal installed over not less than one layer
of minimum 72-pound (32.4 kg) mineral -surfaced
nonperforated cap sheet complying with ASTM D3909 not less
than 36-inch-wide (914 mm) running the frill length of the
valley.
R327.3.1 Gutters. Where required, roof gutters shall be
constructed of noncombustible materials and be provided with
a means to prevent accumulation of leaves and debris in the
gutter.
R327.3.2 Ventilation. Where provided, the minimum net area
of ventilation openings for enclosed attics, enclosed soffit
spaces enclosed rafter spaces and underfloor spaces shall be in
accordance with Sections R806 and R408.
All ventilation openings shall be covered with
noncombustible corrosion -resistant metal wire mesh vents
designed to resist the intrusion of burning embers and flame, or
other approved materials or devices.
Ventilation mesh and screening shall be a minimum of/16-
inch (1.6 mm) and a maximum of 1/8-inch (3.2 mm) in any
dimension.
R327.3.2.1 Eaves soffits and cornices. Ventilation
openings shall not be installed on the underside of eaves,
soffits or cornices.
Exceptions:
1. The building official may approve eave, soffit or
cornice vents that are manufactured to resist the
intrusion of flame and burning embers.
2. Ventilation openings complying with the
requirements of Section R327.3.2 may be installed
on the underside of eaves soffits or cornices where
the opening is located 12 feet (3658 mm) or greater
above grade or the surface below.
R327.3.3 Exterior walls. The exterior wall covering or wall
assembly shall comely with one of the following requirements:
1. Noncombustible material.
2. Ignition -resistant material.
3. Heavy timber assembly.
4. Log wall construction assembly.
5. Wall assemblies that have been tested in accordance with
the test procedures for a 10-minute direct flame contact
exposure test set forth in ASTM E2707, complying with
the conditions of acceptance listed in Section
R327.3.3.2.
Exception: Any of the following shall be deemed to meet the
assembly performance criteria and intent of this section:
1. One layer of 5/8-inch Type X exterior gypsum
sheathing applied behind the exterior wall covering or
cladding on the exterior side of the framing.
2. The exterior portion of a 1-hour fire -resistance -rated
exterior wall assembly designed for exterior fire
exposure including assemblies using exterior gypsum
panel and sheathing products listed in the Gypsum
Association Fire Resistance and Sound Control
Design Manual.
R327.3.3.1 Extent of exterior wall covering. Exterior wall
coverings shall extend from the top of the foundation to the
roof and terminate at 2-inch (50.8 min) nominal solid wood
blocking between rafters at all roof overhangs, or in the case
of enclosed eaves or soffits shall terminate at the underside
of the enclosure.
R327.3.3.2 Conditions of acceptance. ASTM E2707 tests
shall be conducted in triplicate and the conditions of
acceptance below shall be met. If any one of the three
replicates do not meet the conditions of acceptance, three
additional tests shall be conducted. All additional tests shall
meet the following conditions of acceptance:
1. Absence of flame penetration through the wall
assembly at any time during the test.
2. Absence of evidence of glowing combustion on the
interior surface of the assembly at the end of the 70-
minute test.
R327.3.4 Overhanging projections. All exterior projections
(exterior balconies, carports, decks, patio covers, porch
ceilings, unenclosed roofs and floors, overhanging buildings
and similar architectural appendages and projections) shall be
protected as specified in this section.
R327.3.4.1 Enclosed roof eaves, soffits, and cornices. The
exposed underside of rafter or truss eaves and enclosed
soffits, where any portion of the framing is less than 12 feet
(3658 mm) above grade or similar surface below, shall be
protected by one of the following:
1. Noncombustible material.
2. Ignition -resistant material.
3. One layer of 5/s-inch Type X exterior gypsum
sheathing applied behind an exterior covering on the
underside of the rafter tails truss tails or soffit.
Page 2 of 4
4. The exterior portion of a 1-hour fire -resistance -rated
exterior, wall assembly applied to the underside of the
rafter tails or soffit including assemblies using exterior
gypsum panel and sheathing_products _h4e- in the
Gypsum Association Fire Resistance and Sound
Control Design Manual.
5. Soffit assemblies with an underside surface that meets
the performance criteria in Section R327.3.4.5 when
tested in accordance ASTM E2957.
Exceptions: The following materials do not require
protection required by this section:
1. Eaves and soffits where all portions of the framing
members are 12 feet (3658 mm) or greater above
grade and 2-inch nominal eave fireblocking is
provided between roof framing members from the
wall top plate to the underside of the roof sheathing.
2. Gable end overhangs and roof assembly projections
beyond an exterior wall other than at the lower end
of the rafter tails.
3. Fascia and other architectural trim boards.
R327.3.4.2 Exterior patio and porch ceilings. The exposed
underside of exterior patio and porch ceilings greater than
200 square feet in area and less than 12 feet (3658 mm) above
grade shall be protected by one of the following:
1. Noncombustible material.
2. Ignition -resistant material.
3. One layer of 5/8-inch Type X exterior gypsum
sheathing applied behind the exterior coveringon n the
underside of the ceiling.
4. The exterior portion of a 1-hour fire -resistance -rated
exterior wall assembly_ applied to the underside of the
ceiling assembly including assemblies using exterior
gypsum panel and sheathing products listed in the
Gypsum Association Fire Resistance Design Manual.
5. Porch ceiling assemblies with a horizontal underside
that meet the performance criteria in Section
R327.3.4.5 when tested in accordance with the test
procedures set forth in ASTM E2957.
Exception: Architectural trim boards.
R327.3.4.3 Floor projections. The exposed underside of
cantilevered floor projections less than 12 feet (3658 mm)
above grade or the surface below shall be protected by one
of the following:
1. Noncombustible material.
2. Ignition -resistant material.
3. One layer of 5/8-inch Type X exterior gypsum
sheathing applied behind an exterior covering on the
underside of the floor projection.
4. The exterior portion of a 1-hour fire -resistance -rated
exterior wall assembly applied to the underside of the
floor projection, including assemblies using exterior
gypsum panel and sheathing_ products listed in the
Gypsum Association Fire Resistance Design Manual,
5_An assembly that meets the Rerformance criteria in
Section. R327.3.4.5 when tested in accordance with
ASTM E2957.-----------
Exception: Architectural trim boards.
R327.3.4.4 Underfloor protection. The underfloor area of
elevated structures shall be enclosed to grade in accordance
with the requirements of this section, or the underside of the
exposed underfloor shall be protected by one of the
following:
1. Noncombustible material.
2. ignition -resistant material.
3. One layer of 5/8-inch Type X exterior gypsum
sheathing applied behind an exterior covering on the
underside of the floor assembly.
4. The exterior portion of a 1-hour fire -resistance -rated
exterior wall assembly applied to the underside of the
floor, including assemblies using exterior gypsum
panel and sheathing products listed in the Gypsum
Association Fire Resistance Design Manual,
5. An assembly that meets the performance criteria in
Section R327.3.4.5 when tested in accordance with
ASTM E2957.
Exception: Heavy timber structural columns and beams do
not require protection.
R327.3.4.5 Conditions of acceptance. ASTM E2957 tests
shall be conducted in triplicate, and the following conditions
of acceptance shall be met. If any of the three replicates
do not meet the conditions of acceptance, three additional
tests shall be conducted. All additional tests shall meet the
following conditions of acceptance:
1. Absence of flame penetration of the eaves or horizontal
projection assembly at any time during the test.
2. Absence of structural failure of the eaves or horizontal
projection subassembly at any time during the test.
3. Absence of sustained combustion of any kind at the
conclusion of the 40-minute test.
R327.3.5 Walking surfaces. Deck, porch and balcony walking
surfaces located greater than 30 inches and less than 12 feet
(3658 mm) above grade or the surface below shall be
constructed with one of the following materials:
1. Materials that comply with the performance
requirements of Section R327.3.5.1 when tested in
accordance with both ASTM E2632 and ASTM E2726.
2. Ignition -resistant materials that comply with the
performance requirements of Section R327.2 when
tested in accordance with ASTM E84 or UL 723.
3. Exterior fire -retardant -treated wood.
4. Noncombustible material.
5. Anv material that complies with the nerformance
requirements of Section R327.3.5.2 where tested in
accordance with ASTM E2632 where the exterior wall
coverine of the structure is noncombustible or iQnition-
resistant material.
Page 3 of 4
6. Any material that co flies with_tlie_performance R327.3 6 Glazilazing. Exterior windows, windows within exterior
requirements of ASTM E2632, where the exterior wall doors and skylights shall be temperedgllass, _multilayered
covering of the structure is noncombustible or ignition- lg_azedpanels lass block or have a fire -resistance ratingof f not
resistant material. less than 20 minutes.
Exception: Wall coverinknaterial may be of any
material that otherwise complies with this chapter
when the decking surface material complies with the
performance requirements ASTM E84 with a Class B
flame spread rating.
Exception: Walking surfaces of decks, porches and
balconies not greater than 200 square feet 0 8.58 m2 in area,
where the surface is constructed of nominal 2-inch (51 mm)
lumber.
R327.3.5.1 Requirements for R327.3.5, Item 1. The
material shall be tested in accordance with ASTM E2632 and
ASTM E2726, and shall comply with the conditions of
acceptance in Sections R327.3.5.1.1 and R327.3.5.1.2. The
material shall also comply with the performance
requirements of Section R327.2 for ignition -resistant
material when tested in accordance with ASTM E84 or UL
723.
R327.3.5.1.1 Conditions of acceptance. ASTM E2632
tests shall be conducted in triplicate and the following
conditions of acceptance shall be met. If any one of the
three replicates do not meet the conditions of acceptance,
three additional tests shall be conducted. All additional
tests shall meet the following conditions of acceptance:
1. Peak heat release rate of less than or equal to 25
kW/ft2 (269 kW/m2).
2. Absence of sustained flaming or glowing
combustion of any kind at the conclusion of the 40-
minute observation period.
3. Absence of falling particles that are still burning
when reaching the burner or floor.
R327.3.5.1.2 Conditions of acceptance. ASTM E2762
tests shall be conducted in triplicate and the following
conditions of acceptance shall be met. If any one of the
three replicates do not meet the conditions of acceptance,
three additional tests shall be conducted. All of the
additional tests shall meet the following conditions of
acceptance:
1. Absence of sustained flaming or glowing
combustion of any kind at the conclusion of the 40-
minute observation period.
2. Absence of falling particles that are still burning
when reaching the burner or floor.
R327.3.5.2 Requirements for R327.3.5, Item 6. The
material shall be tested in accordance with ASTM E2632 and
shall comply with the following conditions of acceptance.
The test shall be conducted in triplicate and the peak heat
release rate shall be less than or equal to 25 kW/ft2 (269
kW/m2). If any one of the three replicates do not meet the
conditions of acceptance, three additional tests shall be
conducted. All of the additional tests shall meet the
conditions of acceptance.
Page 4 of 4
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BOARD OF
COMMISSIONERS
MEETING DATE: September 13, 2023
SUBJECT: Public Hearing and Consideration of Ordinance No. 2023-021 concerning the
Local Wildfire Hazard Zone and Oregon Residential Specialty Code Updates
Regarding Wildfire Hazard Mitigation
RECOMMENDED MOTIONS:
To maintain the current fire mitigation building standards and development review
processes, staff recommends closing the record on the proposed amendments,
commencing deliberations, and adopting Ordinance No. 2023-021 by emergency.
1. Move approval of first and second reading of Ordinance No. 2023-021 by title only.
2. Move adoption of Ordinance No. 2023-021 on an emergency basis to take effect
immediately upon adoption.
BACKGROUND AND POLICY IMPLICATIONS:
On October 1, 2023, the State Building Codes Division will be updating the R327 section of
the Oregon Residential Specialty Code (ORSC). Given existing provisions in section
15.04.085 of the Deschutes County Code (DCC), the forthcoming updates to the ORSC may
have unintended consequences for residential development in Deschutes County in the
period before official adoption of the State Wildfire Hazard Map mandated by Senate Bills
762 and 80.
BUDGET IMPACTS:
None
ATTENDANCE:
Will Groves, Planning Manager
Peter Gutowsky, Community Development Director
Kyle Collins, Associate Planner
MEMORANDUM
TO: Board of County Commissioners
FROM: Will Groves, Planning Manager
Peter Gutowsky, Community Development Director
Krista Appleby, Assistant Building Official
Kyle Collins, Associate Planner
DATE: September 6, 2023
SUBJECT: Legislative Amendments - Local Wildfire Hazard Zone and Oregon Residential
Specialty Code Updates Regarding Wildfire Hazard Mitigation (R327)
The Board of County Commissioners (Board) will conduct a public hearing on September 13, 2023,
concerning amendments to the Deschutes County Wildfire Hazard Zone and forthcoming updates to
the Oregon Residential Specialty Code (ORSC) concerning wildfire hazard mitigation standards (file
no. 247-23-00649-TA).
Attached to this memorandum are:
• Staff Report and Draft Amendments'
• The 2023 Oregon Residential Specialty Code (ORSC) Section R327
• Map of the Deschutes County Wildfire Hazard Zone
I. BACKGROUND
In 2001, the Deschutes County Board of Commissioners (Board) adopted Ordinance 2001-024
establishing a local Wildfire Hazard Zone. The relevant wildfire mitigation standards and references
of this zone were subsequently amended in 2011 pursuant to Ordinance 2011-022. The currently
adopted Wildfire Hazard Zone includes all areas of Deschutes County. However, the Deschutes
County Building Safety Division does not have jurisdiction in certain incorporated cities such as Bend
and Redmond. Deschutes County's Wildfire Hazard Zone is separate and distinct from ongoing efforts
to produce a Statewide Wildfire Hazard Map pursuant to Senate Bills (SBs) 762' and 80'. The
Within the proposed amendments, added language is shown underlined and deleted shown as strikethrough.
2 https://olis.oregonlegislature.gov/liz/2021 R1/Downloads/MeasureDocument/SB762/Enrolled
3 https://olis oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB80/Enrolled
standards imposed by the County's local hazard map are located under Title 15, Buildings &
Construction, in Section 15.04.085' of the Deschutes County Code (DCC). Since adoption of the
Wildfire Hazard Map in 2001, R327 has exclusively prohibited wooden -shake roofing for newly
constructed residences and residential accessory structures.
II. CHANGES & CONCERNS
On October 1, 2023, a new 2023 edition of the ORSC becomes effective and Section R327 detailing
wildfire hazard mitigation building standards will be modified. Based on the language of DCC
15.04.085, the forthcoming Section R327 will apply broadly across all residential development in
unincorporated Deschutes County based on the existing County Wildfire Hazard Zone. The modified
R327 standards still apply to all dwellings and residential accessory structures, but would now require
more extensive fire mitigation items, including updated roofing requirements, overhang projection
requirements, deck/porch/balcony requirements, ventilation requirements, and others. If no action
is taken, citizens will encounter previously unrequired fire mitigation regulations in Deschutes
County, greatly increasing impacts to staff in a very short period of time to understand, review, and
enforce new regulatory standards while also attempting to educate citizens on the details of these
new requirements.
The Board should be aware that based on SBs 762 and 80, once the Statewide Wildfire Hazard Map
is approved by the Oregon Department of Forestry (ODF), the complete R327 standards of the ORSC
will apply more broadly throughout Deschutes County based on each individual property's wildfire
hazard classification and the boundaries of the designated Wildland Urban Interface (WUI).
Properties ultimately identified as having a "High" hazard classification and located within a
designated WUI will be subject to additional residential fire mitigation standards. However, at this
time no jurisdictions are mandated to implement all standards included in R327 prior to release of
the Statewide Wildfire Hazard Map.
Should the Board wish to maintain the current status quo and keep residential wildfire mitigation
standards limited to a prohibition on wooden -shake roofs, DCC 15.04.085(B) will need to be updated
with more specific language regarding the roofing requirements of R327. Additionally, the Board will
likely have to revisit DCC 15.04.085 again once the Statewide Wildfire Hazard Map is approved by the
Oregon Department of Forestry (ODF) sometime in 2024 to address a larger suite of residential
wildfire mitigation requirements.
III. PROPOSED ACTIONS
Staff proposes amendments to Section 15.04.085, as detailed in Attachment 1, to maintain the
current fire mitigation standards for residential development during the interim period when the
forthcoming Section R327 updates are released, but before the Statewide Wildfire Hazard Map is
finalized. No changes to the geographic boundaries of the existing Wildfire Hazard Zone are
proposed. The proposed code amendments were developed in consultation with the Building Safety
Division.
4 https•//deschutescounty.municipalcodeonline.com/book?type=ordinances#name=15.O4.085 Wildfire Hazard Zones
Page 2 of 3
IV. NEXT STEPS
At the conclusion of the public hearing, the Board may:
Continue the hearing to a date certain;
Close the hearing and leave the written record open to a date certain; or
Close the hearing and commence deliberations.
Attachments:
1. Ordinance 2023-021: Staff Report and Amendments
2. The 2023 Oregon Residential Specialty Code (ORSC) Section R327
3. Map of the Deschutes County Wildfire Hazard Zone
Page 3 of 3