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HomeMy WebLinkAboutOrdnc 022 - Building CodesDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of July 27, 2011 Please see directions for completing this document on the next page. DATE: July 12, 2011. FROM: Mark Pilliod/Laurie Craghead. Legal 388-6623 TITLE OF AGENDA ITEM: First and Second Reading by Title Only and Adoption of Ordinance 2011-022 Amending Deschutes County Code Chapter 15.04 to Adopt the Updated Fire Code and Declaring an Emergency. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: This ordinance is a housekeeping measure to: 1) clarify that the county will administer and enforce the state building code in all areas under its jurisdiction, not just the unincorporated areas of the county; 2) update references for the fire code and wilfdfire hazard mitigation; 3) add to the definition of "Fire chief' the chief of any special district; and 4) clarify that the building official may initiate enforcement proceedings for building code violations and a fire chief may initiate enforcement proceedings and assess a civil penalty for fire code violations. An emergency clause is necessary because this is the middle of the building and fire season and there are outstanding violations for which enforcement proceedings should be initiated and these clarifications are needed before those can occur. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Motion 1: Move 1St and 2"d reading by title only of Ordinance 2011-022. Motion 2: Move adoption of Ordinance 2011-022 ATTENDANCE: Mark Pilliod, Tom Anderson DISTRIBUTION OF DOCUMENTS: Original to Clerk's office, copies to CDD & Legal. For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Chapter 15.04 to Adopt the Updated Fire Code and Declaring an Emergency. * * ORDINANCE NO. 2011-022 WHEREAS, Deschutes County Staff initiated a text amendment to Deschutes County Code ("DCC") Chapter 15.04 in order to adopt the most recent state adopted fire code ; and WHEREAS, adoption of this ordinance by emergency is necessary because adoption of this ordinance is occurring during the summer months where more fires are likely to occur and Deschutes County should be able to apply the most recently updated state regulations to prevent fires and protect the public health and safety; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Chapter 15.04, Building And Construction Codes And Regulations, is amended to read as described in Exhibit "A", attached and incorporated by reference herein, with new language underlined and deleted language set forth in strikethrough. /// PAGE 1 OF 2 - ORDINANCE NO. 2011-022 Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage. Dated this of , 2011. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary Date of 1 SI Reading: Date of 2nd Reading: Commissioner Tammy Baney Anthony DeBone Alan Unger day of day of TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ALAN UNGER, Commissioner , 2011. , 2011. Record of Adoption Vote: Yes No Abstained Excused Effective date: day of , 2011. PAGE 2 OF 2 - ORDINANCE NO. 2011-022 Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS 15.04.010. 15.04.020. 15.04.030. 15.04.035. 15.04.037. 15.04.040. 15.04.050. 15.04.055. 15.04.060. 15.04.070. 15.04.080. 15.04.085. 15.04.090. 15.04.100. 15.04.110. 15.04.120. 15.04.130. 15.04.140. 15.04.150. 15.04.160. 15.04.170. 15.04.180. 15.04.190. 15.04.200. 15.04.210. 15.04.220. Specialty Codes and Building Requirements Adopted -Enforcement. Repealed. Repealed. Repealed. Repealed. Repealed. Repealed. Repealed. Repealed. Building Abatement Code -Adopted. Fire Code -Adopted. Wildfire Hazard Zones. Definitions. Mobile Homes -Placement Permit -Inspection. Expedited Construction Start. Mobile Homes -State Certification Required. Building Permit Issuance -Zoning Conformance -Planning Department Approval. Industrial/Commercial Structure -Occupancy Certificate Required. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision Conformance. Permit Fees -Adjustments. Numbers for Addresses- Placement. Administration -Enforcement. Conditions Deemed a Public Nuisance. Violation -Penalty. Requirement for Water Service From Water Districts. Supply of Water for Domestic Use in Conformance With State and Federal Regulations. 15.04.010. Specialty Codes and Building Requirements Adopted -Enforcement. In the unineorperated areas under the jurisdiction of the County, the County shall administer and enforce pursuant to ORS 455.153, the following specialty codes and building requirements as though the specific specialty codes and building requirements were ordinances of the County: A. The specialty codes under ORS 447 (Plumbing; Access by Disabled Persons), 455 (Building Code) and ORS 479.510 to 479.945 (Electrical Safety Law). B. Mobile or manufactured dwelling parks requirements adopted under ORS 446.062. C. Temporary parks requirements adopted under ORS 446.105. D. Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230. E. Park and camp requirements adopted under ORS 455.680. (Ord. 201 1-022, 2, 2011: Ord. 96-055 §2, 1996) 15.04.020. 15.04.030. 15.04.035. 15.04.037. 15.04.040. 15.04.050. 15.04.055. (Repealed by Ord. 96-055 1996) (Repealed by Ord. 96-055 1996) (Repealed by Ord. 96-055 1996) (Repealed by Ord. 93-044 1993) (Repealed by Ord. 96-055 1996) (Repealed by Ord. 96-055 1996) (Repealed by Ord. 91-025 1991) Chapter 15.05 1 (0-1-6/201106) Page 1 of 7 — Exhibit A to Ordinance 2011-022 15.04.060. (Repealed by Ord. 96-055 1996) 15.04.070. Building Abatement Code- Adopted. A. Except as provided in DCC 15.04.070(B), a certain book or publication, a copy of which is on file with the County Clerk, marked and entitled, Uniform Code for the Abatement of Dangerous Buildings, 1991-7 Edition, hereinafter referred to as "building abatement code," is adopted in its entirety as the building abatement code for the unincorporated areas of the County for regulating and controlling the repair, vacation, demolition and abatement of dangerous buildings in the unincorporated areas of the County. The building abatement code adopted and on file in the County Clerk's office is referred to and by this reference made a part of DCC 15.04 as though fully set out in DCC 15.04. B. The Uniform Code for the Abatement of Dangerous Buildings is adopted as amended below: 1. The words "or premises" are inserted after the word "building" under sections 401, 402, 403, 404, 701, 703, 802 and 901; 2. Chapter 9 is amended as follows: Section 901. Account of Expense, Filing of Report: Contents. The Director of the Community Development Department shall keep an itemized account of the expense incurred by the County in the repair or demolition of any building done pursuant to the provisions of section 701(C)3 of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the Board a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to subsection (c) of section 401. Section 902. Report Transmitted to Board -Set for Hearing. Upon receipt of said report, the Board shall fix a time, date and place for hearing said report and any protests or objections thereto. The Board shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appear on the last assessment roll of the County. Such notice shall be given at least ten days prior to the date set for hearing and shall specify the day, hour and place when the Board will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. Section 903. Protests and Objections - How Made. Any person interested in or affected by the proposed charge may file written protests or objections with the Board at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. Section 904. Hearing of Protests. Upon the day and hour fixed for the hearing, the Board shall hear and pass upon the report of the director together with any objections or protests. The Board may make such revision, correction, or modification in the report or the charge as it may deem just; and when the Board is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the Board on the report and the charge, and on all protests or objections, shall be final and conclusive. Section 905. Personal Obligation and Lien Against Property. (a) General. The Board may thereupon order that said charge may be made a personal obligation of the property owner and/or assess said charge as a lien against the property involved. (b) Personal Obligation. If the Board orders that the charge shall be a personal obligation of the property owner, it shall direct County Legal Counsel to collect the same on behalf of the County by use of all appropriate legal remedies. (c) Lien. If the Board orders that the charge shall be assessed as a lien against the property, it shall direct County Legal Counsel to take all necessary action to perfect the lien under the provisions of ORS 87. Chapter 15.05 2 (04-6/201146) Page 2 of 7 — Exhibit A to Ordinance 2011-022 Section 906. Lien. (a) Priority. Any lien filed pursuant to this chapter shall have the priority established in ORS 87 for construction liens. The lien shall continue until the principle and all interest due and payable thereon are paid. (b) Interest. Any such lien filed shall bear interest at the then legal rate. Section 907. Foreclosure of Lien. The lien filed pursuant to section 905 of this chapter shall be foreclosed as provided in ORS 87. Section 912. Disbursement of Lien. All money recovered from the sale of the property through lien foreclosure proceedings under ORS 87 shall be paid to the County Treasurer, who shall credit the same to the County general fund. (Ord. 201 1-022, §2, 2011; Ord. 95-005 §1, 1995; Ord. 88-027 §1, 1988; Ord. 83-056 §5, 1983) 15.04.080. Fire Code -Adopted. A--ee#aiw1 eek or— publication, a copy of which is on file with the-Ge-unty Clerk, marked and entitled, Uniform Fire Code, 1994 Edition, State of Oregon 1996 Amendments, effective April 1, 1996 The 2009 edition of ol'the...International Fire Code, as published by the International Code Council and as amended by the Office of State Fire Marshal, a copy of which is on file with the County Clerk,; hereinafter referred to as "fire code," hereby -is adopted in its entirety as the fire code of the County and incorporated by reference he.reinfe .. deviees,-.at d.-from-eonditiehs--ar prera�� es-in--tmineorpor-ateed-Deschutes-Cou++ty;-and-the...#lire-Bede-so-adopted k is referred to and by this reference made a part of DCC 15.01 as though fat -set-out-herein. (Ord. 2011-022, §2, 2011; Ord. 97-024 §1, 1997; Ord. 93-006 §1, 1993; Ord. 90-005 §4, 1990; Ord. 86-068 §1, 1986; Ord. 83-056 §6, 1983) 15.04.085. Wildfire Hazard Zones. A. Wildfire Hazard Zones are those depicted on the Deschutes County Wildfire Hazard Areas map on file with the County Clerk. B. Adoption of the Wildfire Hazard Areas map implements the provisions of Section 326 of The 1998 Internatio+ al—One-and Twe-Frami-1y--Dwelling-- ;e£lethe Wildfire Hazard Miitigati.on Section of the Oregon Residential Specialty Code enforced pursuant to DCC 15.04.010(A). (Ord. 2011-022, §2, 2011: Ord. 2001-024 §1, 2001) 15.04.090. Definitions. Whenever appropriate in applying the provisions of DCC 15.04, the following words and phrases are defined as set forth in DCC 15.04.090. "Appointing authority" means the Board of County Commissioners. "Building Department" means the office of the County Building Official or his designee. "Building official" means the person designated by the Board as the Building Administrator. "County" means Deschutes County, a political subdivision of the State of Oregon. "Fire chief" means the applicable chief of any rural fire protection district or the chief of any fire department of county service district.. "Mobile home" has the meaning provided in DCC Title 18. "Modular or factory -built home" means a factory -built dwelling unit designed to be transported to a site and the construction meets the standards of the Oregon Prefabricated Structures Code, and is a structure for the purposes of DCC 15.04. (Ord. 2011-022, §2, 201 1; Ord. 95-063 §1, 1995; Ord. 83-056 §12, 1983) Chapter 15.05 3 (0--6/2011.0-6) Page 3 of 7 — Exhibit A to Ordinance 2011-022 15.04.100. Mobile Homes -Placement Permit- Inspection. No mobile home shall be occupied within the unincorporated areas of the County without first obtaining a placement permit and satisfactory inspection of placement on the site, electrical connections and plumbing connections. (Ord. 95-063 §1, 1995; Ord. 83-056 §7, 1983) 15.04.110. Expedited Construction Start. A. Notwithstanding any other provision set forth in DCC 15.04, the Deschutes County Community Development Department is authorized to allow the commencement and undertaking of certain construction work for certain types of single-family residences served by sewer and certain types of garages prior to the issuance of building permits. The Building Safety Director shall have the discretion to limit the kind of construction project to which DCC 15.04.110 applies and the extent to which such construction can proceed before building permits must be issued. Such discretion shall be exercised in a manner calculated to protect public safety and to limit applicability to projects with a very high probability of gaining ultimate approval under applicable land use and building codes. B. In all cases, owners or their authorized representatives shall have applied for required building permits. Before commencing construction under DCC 15.04.110, owners and any general contractor employed by the owner shall be required to sign a form of agreement with the County, acting by and through the building official or the Director of the Community Development Department or such other persons as the Board may designate, by which the owner and any general contractor agree at a minimum to assume all risks associated with proceeding before building permits are issued, agree to call for required inspections under the applicable building code and to correct any construction deficiencies noted, agree to take remedial action, including but not limited to removal of construction work, in the event that the plans submitted for approval are ultimately not approved by the Community Development Department, and to indemnify the County for any damage suffered by reason of commencing and undertaking construction under DCC 15.04.110. C. Any owner wishing to proceed with construction under DCC 15.04.110 shall apply to the Community Development Department for approval and pay an application fee in an amount determined by the Board. D. For purposes of enforcement, violation of any provision of the agreement authorized by DCC 15.04.110 by any owner or contractor who is a party to such an agreement shall be treated as if it were a violation of a provision of DCC 15.04. Enforcement under DCC 15.04 shall be in addition to any remedies set forth under the Agreement. (Ord. 95-063 §1, 1995; Ord. 91-046 §1, 1991) 15.04.120. Mobile Homes -State Certification Required. No modular or factory -built home shall be located in the unincorporated areas of the County until such modular or factory -built home has been certified by the state as meeting all state requirements. (Ord. 95-063 §1, 1995; Ord. 83-056 §8, 1983) 15.04.130. Building Permit Issuance -Zoning Conformance -Planning Department Approval. No building permit shall be issued for the construction, reconstruction, remodeling, enlargement, alteration, repair or conversion of any dwelling unit containing two or more dwelling units, commercial or industrial structure, or public use structure until plans therefor, including plot plan, are submitted to the Planning Department and approved by it as conforming to the zoning ordinances of the County. (Ord. 95-063 §1, 1995; Ord. 83-056 §10, 1983) Chapter 15.05 4 (0-1-61201106) Page 4 of 7 — Exhibit A to Ordinance 2011-022 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. (Ord. 95-063 §1, 1995; Ord. 93-052 §1, 1993) 15.04.150. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision Conformance. No building permit or mobile home placement permit shall be issued if the parcel of land upon which the building or mobile home is to be erected or located on, or is located on, would be in violation of DCC Title 17, the subdivision title or DCC Title 18, the zoning title. A subdivision shall be deemed to be in violation of the zoning ordinance for the purpose of issuing building permits so long as roads and other improvements remain uncompleted in accordance with the applicable subdivision provisions. (Ord. 95-063 §1, 1995; Ord. 83-056 §11, 1983) 15.04.160. Permit Fees -Adjustments. The fees for permits under DCC 15.04 shall be the fees prescribed by the State Building Codes Agency. The County may set any permit fee at any amount approved by the state, or set a fee for a permit for which the state has failed to set a fee by proper resolution. Such fees may be waived by the Board of County Commissioners, the County Administrator, or the Director of the County Community Development Department. (Ord. 2006-002 §1, 2006; Ord. 96-058 §1, 1996; Ord. 95-063 §1, 1995; Ord. 93-006 §1, 1993; Ord. 83-056 §15, 1983) 15.04.170. Numbers for Addresses- Placement. Numbers for addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from a distance of 50 feet. Such numbers or addresses shall contrast with their background and shall be the official address number as assigned the property by the County, the City of Bend, the Redmond Fire District, or the City of Sisters. (Ord. 95-063 §1, 1995; Ord. 83-056 §9, 1983) 15.04.180. Administration -Enforcement. The building official as defined in DCC 15.04 shall administer and enforce DCC 15.04, except that the provisions of the fire code shall be administered and enforced by the applicable fire chief. (Ord. 95-063 §1, 1995; Ord. 83-056 §13, 1983) 15.04.190. Conditions Deemed a Public Nuisance. Any act or condition which is in violation of any of the provisions of DCC 15.04, which is committed, continued or permitted, is declared to be a public nuisance, and the County may, in addition to any other remedies provided by law, institute the proceedings for the enforcement of DCC 15.04. (Ord. 95-063 §1, 1995; Ord. 83-056 §18, 1983) 15.04.200. Violation -Penalty. A. It is—unlawful for any person, firm gar--ee pefatien—to erect, cons, t, en1a —alter, repair, move, imprc ve -eco} ve}4; de+relish;-e-qu+p ise;-oee-up r—maintain-any--building; strue ure er r�c�taide Ianr e in the unincorporated areas of the County, or cause the same to be done, contrary to or in violation of any of the prey 4. ions cry -DCC 15.01 or—a ty code or--bu-i-I ' }irement administered by the Cori++ty--pursuant-t©—ORS--45r.-153: Violation of any provision of DCC 15.04, any specialtv code or buildin.g code requirement administered by the County pursuant to ORS 455.153, or the fire._ code is a Class A. violation. Chapter 15.05 5 (01-6/201106) Page 5 of 7 — Exhibit A to Ordinance 2011-022 B. Violation of a - yLspec_ialty code or building requirement administered rinistered by the County pursua 5.153 is a Class A N io1 n A person liable for prosecution under DCC 1.16.015(C) for a violation of DCC 15.04 or any code adopted therein is also subject to a civil penalty not to exceed $720.00 per day the violation exists C. The building official may initiate proceedings to assess a civil penalty for any violation of this ch Ater or codes adopted herein except for violations of the fire code. D. A fire chief is authorized to assess a civil penalty for a violation of the fire code. E. A civil malt , for a violation under a building ins ection. ro ram may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895. l . The building official, a building inspector, or a fire chief may not serve as a hearings officer in Jroceedins to assess civil )en.alties under charter 1.17 of this code. G. A fire chief is authorized to issue citations that charge a Jerson with a violation of the fire code. (Ord. 2011-022, §1, 2011; Ord. 2003-021 §31, 2003; Ord. 96-055 §2, 1996; Ord. 95-063 §1, 1995; Ord. 83-056 §17, 1983) 15.04.210. Requirement for Water Service from Water Districts. A. All new buildings requiring water service that are located within the boundaries of a domestic water supply district, water authority, joint water and sanitary authority or county service district ("district") shall be connected to and served by the district's facilities unless an alternate domestic water source is approved in writing by the district. 1. All building permit applications for new construction requiring an individual domestic water source located within a district shall include a written statement from the district on a form provided by the Community Development Department stating that the district will provide water service or that the subject building is not required to receive water service from the district. 2. This provision is not applicable to properties with an existing individual domestic water source. B. If the applicant is unable to obtain approval of the appropriate district within 15 days of submission to such district, the applicant shall provide written notification to the Community Development Department ("CDD") and, thereafter, CDD shall notify the district by certified mail that any objections to the issuance of the building permit must be filed with CDD within 15 days of the date of the notice or failure to respond shall be considered to be an approval of the proposed water source. (Ord. 2002-011 §1, 2002) 15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations. A. All water supplies serving as sources of human consumption must comply with the Federal Safe Drinking Water Act, as amended and regulated, as well as Oregon Revised Statutes. B. Irrigation District or System sources do not comply with these regulations, and shall not be permitted as sources of water for human consumption for new construction or structure modifications. 1. Applications for building permits for new construction that include cistern storage for water for human consumption purposes shall require conclusive proof that the source of cistern water is not irrigation water. 2. Construction modifications to existing structures or systems requiring County review and which have cistern storage for water for human consumption shall require conclusive proof that the source of cistern water is not irrigation water. 3. The Deschutes County Building Official shall not issue a building permit for any applicant failing to comply with these provisions. Chapter 15.05 6 (04-6/201106) Page 6 of 7 — Exhibit A to Ordinance 2011-022 4. If a structure or structure modification requiring a water source for human consumption is constructed without the required building permit and the water source is irrigation water, the use shall be a violation of this code provision. C. Existing users of Irrigation District or System water for human consumption may comply with these state and federal regulations by modifying their systems to obtain water from private wells, a public or private water system, or a water hauling service. If existing users do not modify their systems, upon notice of an existing user's non-compliance with the state and federal regulations regarding water supply for human consumption, the County shall notify the appropriate irrigation district. (Ord. 2002-011 §1, 2002) Chapter 15.05 7 (0-1-6/201106) Page 7 of 7 — Exhibit A to Ordinance 2011-022