It is unlawful for any person, firm or corporation to engage in any work, conduct, or activity for which a permit is required by this title or other regulation without first obtaining such permit. Permits are required for any work that is regulated under the Oregon Building Code, as per ORS Chapter 455 and the rules adopted thereunder, as well as any work, activity, use, or review required by any code, policy, or procedure within this jurisdiction that is enforced by the building official, which may include occupancy reclassifications, signs, demolition, new parking lots, and parking lot resurfacing/ striping.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 6013 § 2 (Exh. A), 2023)
To obtain a permit, the applicant shall first apply to the City of Albany Building Division. Every such application shall:
(1) 
Identify and describe the work to be covered by the permit for which application is made;
(2) 
Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work;
(3) 
Indicate the use or occupancy for which the proposed work is intended;
(4) 
Be accompanied by plans, diagrams, calculations, specifications, and other data as required by the building official;
(5) 
State the valuation of any new building or structure, or any addition, remodeling, or alteration to an existing building, or the valuation of mechanical systems or medical gas systems; and
(6) 
Provide plans showing all rights-of-way, easements, covenants, and other such interests in the land that may be impacted by construction.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 6013 § 2 (Exh. A), 2023)
(1) 
Plans, site plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs, and other data shall constitute the submittal documents and shall be submitted with each application for a permit. When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. The building official may require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the state to practice, as required by state law.
(2) 
The building official may waive the submission of plans, calculations, and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this title.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 6013 § 2 (Exh. A), 2023)
(1) 
The application, plans, specifications, calculations, and other data filed by an applicant for permit shall be reviewed by the building official or their designee. Such plans shall be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the building official, after review by other departments, finds that the work described in an application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of this title and the technical codes and other pertinent laws and ordinances, and that the applicable fees specified in the AMC have been paid, the building official shall issue a permit therefor to the applicant.
(2) 
When the building official issues a permit where plans are required, the building official shall endorse in writing or stamp the plans and specifications “Reviewed for Code Compliance” or “APPROVED.” Such approved plans and specifications shall not be changed, modified, or altered without authorization from the building official, and all work regulated by this title shall be done in accordance with the approved plans.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 6013 § 2 (Exh. A), 2023)
(1) 
Deferred submittal of plans may be permitted by the building official, as specified in the Oregon Building Code, Oregon Administrative Rules, or Oregon Revised Statutes. Construction associated with deferred submittals shall not begin until such submittals have been reviewed and approved.
(2) 
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 title. If the holder of a partial permit elects to proceed, they shall do so without assurance that the permit for the entire building or structure will be granted. Construction associated with phased permits shall be done at the permit holder’s risk and shall not exceed the work approved within such phase.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 6013 § 2 (Exh. A), 2023)
The approved plans, specifications, calculations, and permits shall be retained by the building official, and shall be stored as required by the State Archivist. The approved plans and specifications shall be retained by the applicant and said set shall be kept in good order and in clean, legible condition on the site of the building or work at all times during which the work authorized thereby is in progress.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 6013 § 2 (Exh. A), 2023)
(1) 
The issuance of a permit and the approval of plans, specifications, and calculations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this title or of any other code of the jurisdiction, or any other federal, state, or local law, statute, rule, regulation, or code. Permits presuming to give authority to violate or cancel the provisions of this title or of other ordinances of the jurisdiction shall not be valid.
(2) 
The issuance of a permit based on plans, specifications, and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications, and other data, requiring additional engineering data, or from preventing building operations being carried on thereunder when in violation of this title or of any other codes of this jurisdiction.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 6013 § 2 (Exh. A), 2023)
Applications for which no permit is issued within 180 days following the date of the application shall expire by limitation. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. When an applicant applies for concurrent plan review, the applicant assumes the responsibility and risk of obtaining all approvals required by other departments within the 180-day period.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 6013 § 2 (Exh. A), 2023)
(1) 
Every permit issued by the building official under the provisions of this title shall expire by limitation and become null and void 36 months after the date of permit issuance, or 180 days from the date of such permit issuance if the building or work authorized by such permit is not commenced, or pursuant to any time limits designated by conditions of approval, or after the building or work authorized by such permit has not received a required inspection within the last 180 consecutive days.
(2) 
Any permittee holding an unexpired permit may apply to the building official for an extension when the permittee is unable to complete work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee. No permit shall be extended more than once, unless expressly authorized by the building official following application and submission of supporting documentation showing that circumstances beyond the control of the permittee have prevented the work under the permit from being completed.
(3) 
Where a permit has expired, the permit may be reinstated and the work authorized by the original permit can be recommenced, provided the following are met:
(a) 
The building code and land use regulations under which the original permit was issued, and other laws have not been amended in any manner which affects the work authorized by the original permit.
(b) 
No changes have been made or will be made in the plans and specifications for such work.
(c) 
The original permit expired less than one year from the request to reinstate.
(4) 
The fee for a reinstated permit shall be one-half the amount required for a new permit plus any costs incurred as a result of investigations. Where the request for reinstatement does not comply with the preceding criteria, a new permit, at full permit fees and review, shall be required.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 6013 § 2 (Exh. A), 2023)
(1) 
Whenever any work for which a permit is required by this title has been commenced without first obtaining said permit, an investigation shall be made before a permit may be issued for such work. This investigation is subject to the fees described below and may or may not result in a penalty.
(2) 
The building official may require an investigation in order to ascertain whether a party is in possession of a state license, and/or is in compliance with other state-mandated requirements.
(3) 
Unless waived by the building official, an investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure, or system is in conformance with Oregon Building Code requirements that results from the person not obtaining a required permit before work for which the permit is required commences. A party aggrieved by the imposition of an investigation fee may appeal the imposition of the investigation fee in the manner prescribed in Chapter 18.14 AMC. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this title, nor from any penalty prescribed by law.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 5877 § 1, 2016; Ord. 6013 § 2 (Exh. A), 2023)
A permit issued to one person or firm is not transferable. The permittee shall not permit any other person or firm to perform any work thereunder unless specifically approved by the building official.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 6013 § 2 (Exh. A), 2023)
The building official may, in writing, suspend or revoke a permit issued under the provisions of this title whenever the permit is issued in error on the basis of incorrect information supplied, or if its issuance, or activity thereunder, is in violation of any state or local statute, code, or regulation, or if the permittee violates any term or condition of the permit or this title.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 6013 § 2 (Exh. A), 2023)