The provisions of this chapter shall be known as the “County Uniform Building Code” and may be referred to herein as “this code.” The ordinance codified in this chapter repeals Ordinance 01-06, An Ordinance Adopting and Administering the State Building Code, State Electrical Code and State One-and Two-Family Dwelling Code and Declaring an Emergency.
(Ord. 03-04; Ord. 16-07 § 6)
The purpose of this code is to establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort, and security of the residents of this jurisdiction who are occupants and users of buildings and for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation.
(Ord. 03-04; Ord. 16-07 § 6)
A. 
Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
B. 
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
C. 
Where, in any specific case, there is a conflict between this code and an Oregon Revised Statute, the statute shall govern.
D. 
Any action undertaken pursuant to Clatsop County Code Chapter 15.04 prior to the effective date of this amendment shall take priority over any provision of this chapter in conflict therewith.
(Ord. 03-04; Ord. 16-07 § 6)
This Code shall apply to the construction, alteration, moving, demolition, repair, maintenance and work associated with any building or structure except those located in a public way.
(Ord. 03-04; Ord. 16-07 § 6)
For the purpose of this code, the following definition shall apply:
“Building Official”
means the official designated by the Clatsop County Board of Commissioners by order as the Clatsop County Building Official, or his/her duly authorized representative, and charged by the Board with the administration and enforcement of this code.
(Ord. 03-04; Ord. 16-07 § 6)
A. 
The provisions of this code are not intended to prevent the use of any material, alternate design or method of construction not specifically prescribed by this code, provided any alternate has been approved and its use authorized by the Building Official.
B. 
The Building Official may approve any such alternate, provided the Building Official finds that the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.
C. 
The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files.
D. 
ORS 455.060 provides for state rulings on acceptable materials, designs and methods of construction. When a ruling has been issued, ORS 455.060(4) applies.
(Ord. 03-04; Ord. 16-07 § 6)
When there are practical difficulties involved in carrying out the provisions of this code, the Building Official may grant modifications for individual cases. The Building Official shall first find that a special individual reason makes the strict letter of this code impractical and that the modification is in conformance with the intent and purpose of this code and that such modifications not lessen any fire-protection requirements or any degree of structural integrity. The details of any action granting modification shall be recorded and entered in the files.
(Ord. 03-04; Ord. 16-07 § 6)
A. 
Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that any material or construction does not conform to the requirements of this code, the Building Official may require tests as proof of compliance to be made at no expense to this jurisdiction.
B. 
Test methods shall be as specified by this code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Building Official shall determine test procedures.
C. 
All tests shall be made by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for the retention of public records.
(Ord. 03-04; Ord. 16-07 § 6)
A. 
There is hereby established a Building Safety and Code Enforcement Division that shall be under the administrative and operational control of the Building Official. The Building Official is authorized to enforce all the provisions of this code.
B. 
The Building Official shall have the power to render interpretations of this code and to adopt and enforce administrative procedures in order to clarify the application of its provisions. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of this code.
(Ord. 03-04; Ord. 16-07 § 6)
In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint technical officers and inspectors and other employees to carry out the functions of code enforcement.
(Ord. 03-04; Ord. 16-07 § 6)
When it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized 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 structure or premises were unoccupied, the Building Official 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.
(Ord. 03-04; Ord. 16-07 § 6)
Whenever the Building Official 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 Official is authorized to issue a Stop Work Order. The Stop Work Order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance 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 work will be permitted to resume. Any person who shall continue to work after having been served with a 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 prescribed by law.
(Ord. 03-04; Ord. 16-07 § 6)
The Building Official shall have the authority to authorize disconnection of a fuel supply or appliance that does not conform to this code. The Building Official shall also have the authority to order disconnected a gas utility service, or energy supply to a building, structure, premises or equipment in case of emergency when necessary to eliminate an immediate hazard to life or property. A notice shall be attached to the energy supply or appliance, stating the reason for disconnection. Such notices shall not be removed nor shall the system or appliance be reconnected until authorized by the Building Official. The owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
(Ord. 03-04; Ord. 16-07 § 6)
Whenever the Building Official determines that any mechanical system, or portion thereof, regulated by this code has become hazardous to life, health, property, or has become insanitary, the Building Official shall order in writing that such system either be removed or restored to a safe condition. A time limit for compliance with such order shall be specified in the written notice. A person shall not use or maintain a defective mechanical system after receiving such notice. When such mechanical system is to be disconnected, written notice shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice.
(Ord. 03-04; Ord. 16-07 § 6)
No person shall 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 approved by the Building Official. The Building Official shall have the authority to authorize and approve the temporary connection of the building or system to the utility, source of energy, fuel or power.
(Ord. 03-04; Ord. 16-07 § 6)
Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code.
(Ord. 03-04; Ord. 16-07 § 6)
A. 
Appeals relating to the administrative and prescriptive technical provisions of this code shall be to the Building Official.
B. 
An applicant for a building permit may appeal a decision made by a Building Official under the authority established pursuant to ORS 455.148 (Comprehensive municipal building inspection programs), 455.150 (Selective municipal building inspection programs) or 455.467 (Timelines for approval or disapproval of certain specialty code building plans).
(Ord. 03-04; Ord. 16-07 § 6)
A. 
The Building Official shall review the application, plans, specifications, computations and other data filed by an applicant for a permit. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the Building Official finds that the work described in application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees have been paid, the Building Official shall issue a permit therefor to the applicant.
B. 
When the Building Official issues the permit where plans are required, the Building Official shall endorse in writing or stamp the plans and specifications. Such approved plans and specifications shall not be changed, modified and altered without authorizations from the Building Official, and all work regulated by this code shall be done in accordance with the approved plans and all applicable codes and regulations of this jurisdiction.
C. 
The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of a partial permit shall proceed without assurance that the permit for the entire building or structure will be granted.
(Ord. 03-04; Ord. 16-07 § 6)
One set of approved plans, specifications and computations shall be retained by the Building Official for a period of not less than that dictated by OAR 166-150-0020. 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. The Building Official shall maintain a permanent record of all permits issued in the flood hazard areas, including all copies of inspection reports and certifications.
(Ord. 03-04; Ord. 16-07 § 6)
A. 
No permit shall be issued if the parcel of land, or the use of the land on which the building, structure, or equipment is to be placed, erected, altered, equipped or used is in violation of any Clatsop County ordinance.
B. 
The Building Official shall issue no building permit until the authority having jurisdiction has approved all plans for sewage disposal facilities. Further, no building or structure containing plumbing shall be occupied until connected to a sewage disposal facility approved by the authority having jurisdiction as meeting the minimum standards of the Oregon State Board of Health and the Department of Environmental Quality, and the Clatsop County Public Health Department.
C. 
The issuance or granting of a permit or approval of plans, specifications and computations 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 ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
D. 
The issuance of a permit based on construction documents and other data shall not prevent the Building Official from thereafter requiring the correction of errors in the construction documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where there is a violation of this code or of any other ordinances of this jurisdiction.
(Ord. 03-04; Ord. 16-07 § 6)
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 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
(Ord. 03-04; Ord. 16-07 § 6)
A. 
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the building or work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the is commenced. The work shall not be considered suspended or abandoned where the permittee has pursued activities deemed by the Building Official to indicate the intent to start and complete the project. The Building Official may require the permittee to document these activities.
B. 
Any permittee holding a non-expired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. 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 writing and justifiable cause demonstrated.
(Ord. 03-04; Ord. 16-07 § 6)
A. 
Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
B. 
An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. Pursuant to ORS 445.058, the amount of the investigation fee shall be the average or actual cost of ensuring that a building, structure or system is in conformance with state building code requirements that result from the person not obtaining a required permit before work for which the permit is required commences. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
(Ord. 03-04; Ord. 16-07 § 6)
A permit issued to one person or firm is not transferable and shall not permit any other person or firm to perform any work thereunder.
(Ord. 03-04; Ord. 16-07 § 6)
The Building Official is authorized to in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation of any of the provisions of this code.
(Ord. 03-04; Ord. 16-07 § 6)
A. 
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 inspection of such work that are required by this code.
B. 
It shall be the duty of the permit holder to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
(Ord. 03-04; Ord. 16-07 § 6)
The Clatsop County Building Code consists of the following Specialty Codes as adopted by the State of Oregon:
A. 
The Oregon Structural Specialty Code, as adopted by OAR 918-460-0010 through 918-460-0015 is enforced as part of this code.
B. 
The Oregon Mechanical Specialty Code, as adopted by OAR 918-440-0010 through 918-440-0012 is enforced as part of this code.
C. 
The Oregon Plumbing Specialty Code, as adopted by 918-750-0110 through 918-750-0115 is enforced as part of this code.
D. 
The Oregon Electrical Specialty Code, as adopted by OAR 918-305-0100 through 918-305-0105 is enforced as part of this code.
E. 
The Oregon One-and Two-Family Dwelling Specialty Code, as adopted by OAR 918-480-0005 is enforced as part of this code.
F. 
The Manufactured Dwelling Park and Mobile Home Park Rules adopted by OAR 918-600-0005 through 918-600-0010 are enforced as part of this code.
G. 
The Manufactured Dwelling Rules adopted by OAR 918-500-0510 through 918-500-0530 are enforced as part of this code.
H. 
The Recreational Park and Organizational Camp Rules adopted by OAR 918-650-0005 through 918650-0080 are enforced as part of this code.
I. 
The 1997 Uniform Code for the Abatement of Dangerous Buildings, as published by the International Conference of Building Officials, is adopted as part hereof, except as modified by this jurisdiction.
(Ord. 03-04; Ord. 16-07 § 6)
A. 
Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry shall be deemed unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages.
B. 
All buildings or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in the Dangerous Buildings Code. As an alternative, the Building Official may institute any other appropriate action to prevent, restrain, correct or abate the violation.
(Ord. 03-04; Ord. 16-07 § 6)
Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure, may be made without conforming to the requirements of this code when authorized by the Building Official, provided:
A. 
The building or structure has been designated by official action of the legally constituted authority of this jurisdiction as having special historical or architectural significance.
B. 
Unsafe conditions as described in this code are corrected.
C. 
The restored building or structure will be no more hazardous based on life safety, fire safety and sanitation than the existing building.
D. 
The Building Official seeks the advice of the State of Oregon Historic Preservation Officer.
(Ord. 03-04; Ord. 16-07 § 6)
A. 
Fees for permits, inspections, plan checks, site plan review, copy costs, and such other fees that the Clatsop County Board of Commissioners deems reasonable in order to administer this chapter shall be as previously adopted by resolution and order or as may be modified from time to time by order of the Clatsop County Board of Commissioners.
B. 
The Building Official may authorize the refunding of fees paid hereunder, which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Building Official may authorize not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review has commenced. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.
C. 
The Building Official shall make the determination of value or valuation pursuant to the Uniform Fee Methodologies in OAR 918-050-0100. On buildings, structures or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the municipality, under authority of ORS 455.020 and 455.210.
(Ord. 03-04; Ord. 16-07 § 6)
It is unlawful for any person to violate any of the codes, regulations or provisions adopted by reference or referred to in this code. The following provisions shall apply to the assessment of monetary penalties for building code violations:
A. 
Violations, Penalties, and Remedies.
1. 
Violation of a provision of the Clatsop County Building Code shall be subject to an administrative civil penalty not to exceed $5,000.00 for a single violation or $1,000.00 per day for a continuing violation and shall be processed in accordance with the administrative procedures set forth in this chapter.
2. 
Each day that a violation of a provision of the Clatsop County Building Code exists constitutes a separate violation.
3. 
The penalties and remedies provided in this section are not exclusive and are in addition to other penalties and remedies available to the County under any ordinance, statute or law.
B. 
Building Official—Authority to Assess Administrative Civil Penalty.
1. 
Upon a determination by the Building Official that any person, firm, corporation or other entity however organized has violated a provision of the Clatsop County Building Code, the Building Official may issue a notice of civil violation and assess against the violator and/or any other responsible person an administrative civil penalty as provided in this section. For purposes of this chapter, a “responsible person” includes the violator, and, if the violator is not the owner of the building or property at which the violation occurs, may include the owner as well.
2. 
Prior to issuing a notice of civil violation and assessing an administrative civil penalty under this section, the Building Official shall issue an order to correct the violation to one or more of the responsible persons. Except where the Building Official determines that the violation poses an immediate threat to health, safety, environment, or public welfare, the time for correction shall be not less than 10 calendar days.
3. 
Following the date or time by which the correction must be completed as required by the order to correct the violation, the Building Official shall determine whether the correction has been completed. If the required correction has not been completed by the date or time specified in the order, the Building Official may issue a notice of civil violation and assess an administrative civil penalty to each responsible person to whom an order to correct was issued.
4. 
Notwithstanding subsections (B)(2) and (3) of this section, the Building Official may issue a notice of civil violation and assess an administrative civil penalty without having issued an order to correct violation or making attempts to secure voluntary correction where the Building Official determines that the violation was knowing or intentional or a repeat of a similar violation.
5. 
In assessing an administrative civil penalty authorized by this section, the Building Official shall consider:
a. 
The person’s past history in taking all steps necessary or appropriate to correct the violation;
b. 
Any prior violations of the Clatsop County Building Code;
c. 
The gravity and magnitude of the violation;
d. 
Whether the violation was repeated or continuous;
e. 
Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act.
6. 
Any notice of a civil violation that assesses an administrative civil penalty under this section shall either be served by personal service or shall be sent by certified mail and by first class mail. Any notice served by mail shall be deemed received for the purposes of any time computations three days after the date mailed if to an address within this State, and seven days after the date mailed if to an address outside this State. Every notice shall include:
a. 
Reference to the particular building code provision involved;
b. 
A short and plain statement of the basis for the violation and any other relevant facts;
c. 
A statement of the amount of the penalty assessed;
d. 
If the penalty is assessed pursuant to subsection (B)(5) of this section, a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated; and
e. 
A statement of the party’s right to appeal the civil penalty to the Clatsop County hearings officer; a description of the process the party may use to appeal the civil penalty; and the deadline by which an appeal must be filed.
7. 
Any person, firm, corporation or other entity however organized that is issued a notice of civil penalty may appeal the penalty to the hearings officer. The provisions of subsection C of this section shall govern appeals.
8. 
A civil penalty assessed hereunder shall become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to the hearings officer pursuant to, and within the time limits, established by subsection C of this section.
C. 
Appeal Procedures.
1. 
A person, firm, corporation or other entity however organized may, within 15 days after receiving notice of the assessment of a monetary penalty, appeal in writing to the hearings officer. The appeal shall be filed in the offices of the Clatsop County Building Codes Division, accompanied by a $25.00 appeal fee, and shall include:
a. 
The name and address of the appellant;
b. 
The nature of the determination being appealed;
c. 
The reason the determination is incorrect; and
d. 
What the correct determination of the appeal should be.
2. 
An appeal shall be heard by hearings officer within a reasonable time of the receipt of the notice of intent to appeal. At least 10 days prior to the hearing, the County shall mail notice of the time and location thereof to the appellant.
3. 
The hearings officer shall hear and determine the appeal on the basis of the appellant’s written statement and any relevant additional evidence submitted. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The Building Official may appear with or without counselor through the Building Official’s designee. The Building Official may present testimony and oral argument personally or by counsel. The burden of proof shall be on the Building Official by a preponderance of the evidence. The rules of evidence as used by courts of law do not formally apply.
4. 
The hearings officer shall issue a written decision within a reasonable time of the hearing date. The written decision of the hearings officer is final.
5. 
The Building Official is authorized to collect an awarded penalty by any administrative or judicial action or proceeding authorized by subsection D of this section, other provisions of the Clatsop County Code, or State statutes.
D. 
Unpaid Penalties.
1. 
An administrative penalty is final if not appealed within the time period set forth in subsection (C)(1) of this section or if appealed, upon issuance of the hearings officer’s order. Failure to pay an administrative penalty assessed pursuant to this chapter within 10 days after the penalty becomes final shall constitute a violation of the Clatsop County Building Code. Each day the penalty is not paid shall constitute a separate violation.
2. 
If an administrative civil penalty is affirmed on appeal and the penalty remains unpaid 60 days after the penalty becomes final, the hearings officer’s order may be recorded with the Clatsop County Clerk or any other county clerk of this State. The total amount of civil penalties, costs or fees owing pursuant to that order shall be recorded as a lien in the County Clerk lien record. The cost of recording the hearings officer’s order shall be added to the total amount of civil penalties, costs and fees owing.
3. 
In addition to any other remedy provided by law, a hearings officer’s order recorded in the County Clerk lien record pursuant to subsection (D)(2) of this section shall have the same effect and may be enforced as provided in ORS 205.125 and 205.126.4. In addition to enforcement mechanisms authorized elsewhere in the Clatsop County Code, failure to pay an administrative civil penalty assessed pursuant to this chapter shall be grounds for withholding issuance of requested permits, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy.
(Ord. 16-07 § 6)
A. 
It is unlawful for any person to violate any of the codes, regulations or provisions adopted by reference or referred to in this code. Violation of this chapter and any specialty code or building code administered by the County pursuant to ORS 455.153 is a public nuisance under Chapter 8.04.
B. 
The County Building Official is designated and shall be deemed an “enforcement officer” within the meaning of ORS 153.005 for purposes of enjoining this chapter.
C. 
In addition to a monetary penalty in any case where a building or structure is, or is proposed to be, erected, constructed, reconstructed, altered, maintained or used, or is proposed to be used in violation of this code or any amendment thereto, the Clatsop County Board of Commissioners, or the County Counsel’s office may in addition to other remedies provided by law, institute injunction, mandamus, abatement, code enforcement under Chapter 1.12 of this code, or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use.
(Ord. 03-04; Ord. 13-04 § 3; Ord. 16-07 § 6)