HomeMy WebLinkAbout2026-20-Ordinance No. 2026-002 Recorded 2/2/2026REVVI,EfWEED
LEGAL COUNSEL
Recorded in Deschutes County
Steve Dennison, County Clerk
Commissioners' Journal
2026-20
CJ2026-20
02/02/2026 4:19:55 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 15, Buildings and Construction, to Adopt
Discretionary Wildfire Mitigation Residential * ORDINANCE NO. 2026-002
Building Code Standards Pursuant to Senate Bill 83.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-25-000703-TA) to the Deschutes County Code ("DCC"), Chapter 15.04 —
Building and Construction Codes and Regulations; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on December
11, 2025 and forwarded to the Deschutes County Board of County Commissioners ("Board") a 5-0
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on January 14, 2026 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 15; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDING. Deschutes County Code Chapter 15.04, Building and Construction Codes 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 str4k�gh
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 April 1, 2026.
°1,
Dated this of a 2026
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PAGE 1 OF 2 - ORDINANCE NO.2026-002
ATTEST:
Recording Secretary
Date of I't Reading: / aq -y of �� , 2026,
Date of 2nd Reading: day of J001• , 2026.
Record of Adoption Vote:
Commissioner Yeses No Abstained Excused
Philip Chang
Anthony DeBone
Patti Adair
Effective date: day of , 2026.
PAGE 2 OF 2 - ORDINANCE NO.2026-002
15.04.010 Speeiaity Codes And Building Requirements Adopted; Enforcement
In the areas under the jurisdiction of the County, the County shall administer and enforce
pursuant to ORS 455.153, the following specialty codes and building requirements as
though the specific specialty codes and building requirements were ordinances of the
County:
A. The specialty codes under ORS 447 (Plumbing; Access by Disabled Persons), 455
(Building Code) and ORS 479.510 to 479.945 (Electrical Safety Law).
1. OregO_n..ResidentialSDecialty_Code ._Section R327- Wildfire _Hazard ._Mitigat on.
shalt apply_to all of unincorporated Deschutes County -and in the
municipalities where their Councils have adopted. Section R327 into their
municipal code.
B. Mobile or manufactured dwelling parks requirements adopted under ORS 446.062.
C. Temporary parks requirements adopted under ORS 446.105.
D. Manufactured dwelling installation, support and tiedown requirements adopted
under ORS 446.230.
E. Park and camp requirements adopted under ORS 455.680.
HISTORY
Adopted by Ord. 96-055 §2 on 711011996
Amended by Ord. 2011-022 §2 on 712712011
Amended by Ord._2026-002 §1 on 0410112026
c0
FINDINGS
C*iTFIMUNITY DEVELOPMENT
WILDFIRE HAZARD BUILDING CODES - TEXT AMENDMENTS
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BACKGROUND:
Pursuant to Senate Bill (SB) 83, Text Amendments to adopt section R327 of the Oregon Residential
Specialty Code (ORSC) in unincorporated Deschutes County. Section R327 establishes fire hardening
building requirements for new residential construction.
III. BASIC FINDINGS:
On June 26, 2025, the Oregon Legislature adopted SB 83'. This Bill repeals the State Wildfire Hazard
Map which was previously adopted and administered pursuant to SBs 7622 and 803. Additionally,
SB 83 allows local jurisdictions to adopt fire hardening standards for new residential development
as outlined in section R327 of the Oregon Residential Specialty Code (ORSC). The proposed text
amendments would establish R327 building code standards for newly constructed dwelling units
and their accessory structures, with exceptions and exemptions delineated within the ORSC.
As the proposed amendments are not located within the land use sections of the Deschutes County
Code (CDD), notice to the Oregon Department of Land Conservation and Development is not
required. As demonstrated in the findings below, the amendments remain consistent with
Deschutes County Code and the Deschutes County Comprehensive Plan.
IV. FINDINGS:
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
' https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/SB83
2 https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB762/Enrolled
3 https://olis.oregonlegislature.gov/liz/2023Rl/Downloads/MeasureDocument/SB80/Enrolled
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Qi (541) 388-6575 a@ cdd@deschutes .org ® www.deschutes.org/cd
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the
Planning Commission shall be set at the discretion of the Planning Director, unless
otherwise required by state law.
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission (Commission) on December 11, 2025 and a public hearing was held
before the Board of County Commissioners (Board) on January 14, 2026.
Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: This criterion is met as notice was published in The Bulletin newspaper on December 1,
2025 for the Commission public hearing and December 26, 2025 for the Board 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: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: The proposed amendments are legislative and do not apply to any specific property.
Therefore, individual notice is not required.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion has been met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
EXHIBIT B - Ordinance No. 2026-002 Page 2 of 4
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board and has received a fee waiver. This criterion has been 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: This criterion is met as the Commission held a public hearing and reviewed the proposed
amendments on December 11, 2025. The Board held a public hearing on January 14, 2026.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247-25-000703-TA will be
implemented by ordinances upon approval and adoption by the Board.
V. PROPOSED TEXT AMENDMENTS:
The proposed text amendments are detailed in the referenced ordinance with additional text
identified by underline and deleted text by s*rikethro ugh. Below are summary explanations of the
proposed changes.
Title 15 Buildings and Construction:
Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS - (See Exhibit A)
Section 15.04.010. Specialty Codes and Building Requirements Adopted; Enforcement
The proposed changes add a new section of the Oregon Residential Specialty Code (ORSC) to
implement wildfire mitigation building standards for new residential development.
Upon implementation, newly constructed dwellings and their accessory structures shall be
protected against wildfire in accordance with the provisions of section R327 of the ORSC.
Notable exceptions to these standards are as follows:
EXHIBIT B - Ordinance No. 2026-002 Page 3 of 4
1. Nonhabitable detached accessory structures with a floor area of not greater than 400
square feet located not less than 50 feet from all structures on the lot that contain
habitable space.
2. Structures exempted by ORS 455.315 (Agricultural exempt buildings).
3. Detached accessory membrane -covered frame structures.
VI. CONCLUSION:
Based on the informat
Commissioners approve
mitigation building code
development.
m provided herein, the staff recommends the Board of County
the proposed text amendments and implement the R327 wildfire
standards in unincorporated Deschutes County for new residential
EXHIBIT B - Ordinance No. 2026-002 Page 4 of 4
�vTES CO
BOARD OF
COMMISSIONERS
MEETING DATE: January 28, 2026
SUBJECT: Consideration of second reading and adoption by emergency of Ordinance
No. 2026-002: Text Amendments for Wildfire Mitigation Building Codes
RECOMMENDED MOTIONS:
1. Move approval of second reading of Ordinance No. 2026-002 by title only.
2. Move adoption of Ordinance No. 2026-002 by emergency, with an effective date of
April 1, 2026.
BACKGROUND AND POLICY IMPLICATIONS:
On January 28, 2026, staff will present Ordinance No. 2026-002 to the Board of County
Commissioners (Board) for consideration of second reading and adoption by emergency to
take effect sooner than 90 days.
The Board conducted a public hearing on January 14, 2026, to consider adopting
discretionary wildfire mitigation residential building code standards that have recently
been made available to local jurisdictions (File no. 247-25-000703-TA). Following the public
hearing, the Board conducted first reading of the ordinance.
BUDGET IMPACTS:
None
ATTENDANCE:
Kyle Collins, Senior Planner
Will Groves, Planning Manager
Nicole Mardell, Principal Planner
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Kyle Collins, Senior Planner
Will Groves, Planning Manager
Nicole Mardell, AICP, Principal Planner
DATE: January 20, 2026
SUBJECT: Consideration of Second Reading: Text Amendments for Wildfire Mitigation
Building Codes
On January 28, 2026, staff will present Ordinance No. 2026-002 to the Board of County
Commissioners (Board) for consideration of second reading. The Board conducted a public
hearing on January 14, 20261, to consider adopting discretionary wildfire mitigation
residential building code standards that have recently been made available to local
jurisdictions (File no. 247-25-000703-TA). On January 14, 2026, the Board voted to adopt the
proposed package presented by staff and conducted first reading of the ordinance.
An initial public hearing was held before the Planning Commission on December 11, 20252.
No testimony was received, and the Commission voted unanimously to recommend
approval of the amendments.
All record materials can be found on the project website: https://bit.ly/0703TA
I. AMENDMENT SUMMARY
The proposed text amendments would institute Section R327 of the ORSC in Deschutes
County for all new residential development, including certain residential accessory
structures. Multi -unit dwellings, such as apartment complexes, are unaffected by the
proposed amendments, and these developments are not subject to the ORSC. The Section
R327 standards do not allow for piecemeal adoption, and all standards must be adopted in
whole if building officials wish to mandate any portion within their jurisdictions.
https://www deschutes org/bcc/page/board-county-commissioners-meeting-276
2 https•//www.deschutes.org/bc-pc/page/planning-commission-73
As currently proposed, the amendments are limited to Deschutes County Code Title 153,
which captures general building safety and construction standards. As such, the proposed
amendments are not sub;ect to the more standard Post -Acknowledgement Plan
Amendment (PAPA) process for land use amendments, which requires noticing to the
Department of Land Conservation and Development (DLCD) and addressing the applicable
Oregon Statewide Planning Goals.
Section R327 broadly covers the following structural components of these developments to
minimize the risk of wildfire ignition:
• Roofing: In accordance with specific building code standards, roofing shall be asphalt
shingles, slate shingles, metal roofing, tile, clay or concrete shingles, or other
approved roofing that is deemed to be equivalent to a minimum Class B-rated roof
assembly. Wood shingle and shake roofs are not permitted on structures.
• Exterior walls: Exterior wall covering or wall assembly shall comply with one of the
following requirements:
o Noncombustible material.
o Ignition -resistant material.
o Heavy timber assembly.
o Log wall construction assembly.
o Wall assemblies that have been tested in accordance with the test procedures
for a 10-minute direct flame contact exposure test.
• Glazing: Exterior windows, windows within exterior doors, and skylights shall be
tempered glass, multilayered glazed panels, glass block, or have a fire -resistance
rating of not less than 20 minutes.
• Ventilation: 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 1/16-inch and a maximum of 1/8-inch in any
dimension.
• Gutters and Downspouts: Where provided, gutters and downspouts shall be
constructed of noncombustible materials and be provided with an approved means
to prevent accumulation of leaves and debris in the gutter.
• Eaves, Soffits, and Cornices: Ventilation openings shall not be installed on the
underside of eaves, soffits, or cornices.
The list above is not exhaustive, but covers the major components of home construction that
would be affected by the proposed amendments.
3
https://deschutescounty.municipalcodeonline.com/book?type=ordinances#name=TITLE 15 BUILDI
NGS AND CONSTRUCTION
Page 2 of 3
Major exceptions to the Section R327 standards include the following:
• Nonhabitable detached accessory structures with a floor area of not greater than 400
square feet located not less than 50 feet from all structures on the lot that contain
habitable space.
Structures exempted by ORS 4SS.315 (i.e. - agriculturally exempt structures).
Detached accessory membrane -covered frame structures.
Section R327 also previously contained several provisions which were modified by SB 83 in
the following ways:
• Repairs or replacements of existing components (i.e. - roofs, siding, etc.) and
additions to existing dwellings are not mandatorily subject to R327.
• Removes requirements for local government to identify specific geographic regions
for implementing any adopted wildfire mitigation standards. Previously, Section R327
and associated mitigation requirements were required to be implemented through
the establishment of a locally adopted "Wildfire Hazard Map." This requirement has
been removed, and jurisdictions have been granted broad latitude to determine
where to implement any locally adopted standards.
III. NEXT STEPS
To align with annual updates to the Oregon State Building Code, staff proposes that the
Board adopt the ordinance by emergency with an effective date of April 1, 2026.
Attachments:
• Ordinance No. 2026-002 and Corresponding Exhibits
Page 3 of 3