In accordance with OAR 918-020-0090(1)(c), a person aggrieved by the building official technical and scientific determination regarding any provision of the State Building Code may appeal to either the local jurisdiction appeals board or the state specialty code chief. The appeals process selected may not change once initiated.
(Ord. 23-424-O § 1 (Exh. A))
A. 
A person aggrieved by a decision made by the building official relating to the State Building Code shall first appeal to the appropriate state specialty code chief inspector of the Oregon Department of Consumer and Business Services, as required in ORS 455.475. The decision of the Department Chief Inspector may be appealed to the appropriate state advisory board. The decision of the advisory board may only be appealed to the Director of the Department of Consumer and Business Services if state-mandated codes, in addition to the applicable specialty code, are at issue.
B. 
Citations or penalties issued by the state Building Codes Division are entitled to judicial review in accordance with ORS 183.482. A person aggrieved by such a citation or penalty may request a judicial review by filing a petition with the court of appeals in Salem, Oregon, within 60 days from the date of the order. Such citations and penalties are not appealable through this section.
(Ord. 23-424-O § 1 (Exh. A))
A. 
In accordance with OAR 918-020-0230(2)(b), 918-020-0250 and 918-020-0260, a person aggrieved by a discretionary decision made by the contract building official may appeal to the Rogue River planning commission, serving as the board of appeals, as set forth in this title.
The following terms shall, for the purposes of this section, have the following definitions:
1. 
Per OAR 918-020-0015(2), a "contract building official" means an owner, manager or employee of a person that the director has licensed to perform specialty code inspections and plan reviews under ORS 455.457 and that engages in the business of providing the services described in ORS 455.148(3) and 455.150(3) to one or more municipalities to which the director has delegated a building inspection program.
2. 
Per OAR 918-020-0015(4), a "discretionary decision" means a decision on whether to waive a plan review, an inspection or a provision of the State Building Code; or to allow an alternative material, design or method of construction.
3. 
Per OAR 918-020-0015(7), a "qualified employee" is an individual that the municipality employs and has been designated to ratify or disapprove a contract building official's discretionary decisions.
B. 
Before exercising oversight over a contract building official, the qualified employee is required to complete the basic training and obtain applicable certification or other evidence of completion, as defined by Oregon Building Codes Division.
Within 180 days after being designated as the qualified employee, the employee is required to complete the advanced training and obtain applicable certification or other evidence of completion, as defined by Oregon Building Codes Division.
C. 
In accordance with OAR 918-020-230(2), within five business days from making a discretionary decision, the contract building official must:
1. 
Notify a qualified employee in writing of the discretionary decision; and
2. 
Notify the permit applicant in writing of the discretionary decision that relates to the permit application. This notice must list and describe available opportunities for a hearing and appeal of the decision.
D. 
The qualified employee must review and ratify or disapprove a contract building official's discretionary decision, in writing, to the contract building official and the permit applicant/aggrieved person within 30 days after receiving notice of the decision. The notification shall also inform the permit applicant/aggrieved person that the decision of the building official can be appealed in accordance with ORS 455.475.
For appeals of a discretionary decision made by the contract building official, the planning commission shall comply with the requirements of OAR 918-020-0250 and 918-020-0260 as outlined in RRMC § 15.30.030(B).
(Ord. 23-424-O § 1 (Exh. A))
A person aggrieved by a decision made by the building official relating to any law, code, or regulation, other than a provision of the State Building Code, may appeal to the Rogue River planning commission (serving as the local board of appeals) as set forth in this chapter. This shall serve as the appeal procedure for all decisions made by the building official pursuant to the dangerous buildings and the property maintenance chapters herein.
(Ord. 23-424-O § 1 (Exh. A))
A. 
In order to hear and decide appeals of orders, nondiscretionary decisions, or determinations made by the building official relative to the application, enforcement, and interpretation of provisions of this title which are not governed by the State Building Code, and to review appeals of technical and scientific determinations regarding any provision of the specialty codes regulated by the municipality, the planning commission shall serve as board of appeals to pass on matters pertaining to building construction. The building official shall be an ex officio member of and shall act as expert staff to said board, but shall have no vote on any matter before the board. The planning commission, serving as board of appeals, shall follow public hearing rules utilized in all formal land use decisions for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
1. 
In accordance with OAR 918-020-0250, the board of appeals hearing an appeal of a contract building official's discretionary decision will:
a. 
Include as a member the building official of the county within which the city is located or the building official of an adjacent county.
b. 
Include as a member an individual who engages in the business of building design or construction. Such individual may be a member of the local board, but may not hear an appeal of a contract building official's discretionary decision concerning a project that involves a business or competitor of a business that:
i. 
The individual owns or manages or for which the individual provides services as an employee, agent, or contractor; or
ii. 
A family member or a member of the individual's household owns or manages or for which the family member or member of the household provides services as an employee, agent or contractor.
c. 
Not include any contract building official.
d. 
Not include an owner, manager, director, officer, or employee of a person, other than an employee of the municipality that performs building inspections.
2. 
In accordance with OAR 918-020-0260, for an appeal of a contract building official's discretionary decision:
a. 
After receiving notice of the building official's discretionary decision, a permit applicant has 30 days to submit an appeal to the local board.
b. 
In an appeal before the local board, the permit applicant has the burden of establishing by a preponderance of the evidence that overturning the discretionary decision of the contract building official will not create a dangerous or unsafe condition or decrease the minimum fire and life safety standards set forth in the relevant code.
c. 
Upon receipt of a notice of appeal, the local board has 30 days to review the appeal and issue a determination.
d. 
The appeal rights to which a permit applicant is entitled before a local board are in addition to, and not in lieu of, any other rights of appeal the permit applicant may have.
B. 
The board of appeals makes determinations on a case-by-case basis, and shall have no authority relative to interpretation of the administrative provisions of this title, nor shall the board be empowered to waive requirements of this title. For example, the board of appeals may review the building official's discretionary determination that a structure is dangerous, but not the ensuing remedy.
(Ord. 23-424-O § 1 (Exh. A))
A. 
An appeal shall be in writing, shall describe the basis for the appeal, and shall first be filed with the building official. No appeal shall be timely unless it is received at the office of the building official within 14 days of the building official's determination which is the subject of the appeal.
B. 
Following receipt of such an appeal, the board of appeals shall convene and an opportunity for hearing shall be granted both to the appellant and to the building official or designee. The building board of appeals shall notify all parties of the hearing date and time at least 10 days prior thereto. The building board of appeals shall operate under such rules of procedure as it may, from time to time, promulgate.
C. 
The decision of the building board of appeals for an appeal of a contract building official discretionary decision shall be rendered within 30 days of receipt of the appeal. The decision of the building board of appeals on other appeals shall be rendered within 60 days of the building official's receipt of the appeal, unless both parties stipulate to an extension of time. The building board of appeals' decision shall be in writing and shall be final upon receipt. All notices given by the board shall be given to the appellant by first-class mail at the address indicated by the appellant on the notice of appeal and shall be deemed received three days after mailing.
D. 
An appeal of the building board of appeals' decision relative to the application, enforcement, and interpretation of provisions of this title which are not governed by the State Building Code, shall be made in writing to the Rogue River local appeal board within 14 days of the board's notice of said decision. An appeal of the building board of appeals' decision relating to technical and scientific determinations regarding any provision of the state specialty codes regulated by the municipality shall be appealed to the appropriate advisory board within 30 days of the board of appeals' decision per OAR 918-080-0120(6).
E. 
All work which is the subject of a permit, interpretation, or other matter under appeal shall be suspended pending resolution of the appeal.
(Ord. 23-424-O § 1 (Exh. A))
Except for vacation orders made pursuant to RRMC § 15.50.060, enforcement of any notice and order of the building official issued under this title shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(Ord. 23-424-O § 1 (Exh. A))