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24.10.070 Application for Permits.

(Amended by Ordinance. Nos. 162100, 163908, 165678, 169905, 171773, 174880, 176783, 176955, 180330, 187432, 188647, 188884 and 189806, effective December 18, 2019.)

A.  Permits required.  No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, change occupancy group of, or demolish any building or structure, or to do any clearing or grading, or cause any of the same to be done without first obtaining a building permit, or where appropriate a minor structural label as outlined in Section 24.10.095.  The limitations of Oregon Revised Statutes 455.020 notwithstanding, permits are required to construct, alter, repair or move any structure as identified in this Title or in the Oregon Structural Specialty Code or the Oregon Residential Specialty Code, as adopted in Chapter 24.10 of this Title.  Building permits and fees for work on private property are waived whenever the work appears on plans and specifications, approved by the City Engineer or BES Chief Engineer.  This work shall be limited to the construction of streets, public sewers, public stormwater management facilities, driveways, retaining walls, fences, walkways, parking pads, steps, and tree, shrub, and brush removal.

B.  Plans and specifications. 

1.  Plans, engineering diagrams, and other data shall be submitted in three sets with each application, and shall comply with the requirements of Chapter 1 of the Structural Specialty Code and this Title.  If a structural design is required, computations, stress diagrams, computer data, and such additional data as required by the Director, sufficient to show the correctness of the plans and compliance with the structural provisions of this Title shall be submitted.  The above data shall include a brief summary of all basic assumptions, design methods, structural systems, loading, lateral bracing systems, and a table of contents of the computations.  Computer calculations submitted as substantiation of the design shall include a copy of the program users manual for each program, definition, sketches, index of data runs, and properly identified input and output listings.  For other than nationally recognized programs, the correctness of the program shall be substantiated in a manner acceptable to the Director.  When required by the Director, or when required under ORS 672 (State Engineering Law) or ORS 671 (State Architectural Law), plans shall be prepared and certified by an architect or registered professional engineer licensed to practice in the State of Oregon.

2.  Examination of documents.  The Director will examine or cause to be examined plans and specifications and will ascertain by such examination whether the construction indicated and described is in accordance with the requirements of this Title and other laws and regulations of the City.

C.  Parking lots.  Parking lots shall not require a separate building permit when they are clearly shown on plans submitted and their valuation is included on the application for the principal building permit.

D.  Compliance with Chapter 17.88 (Street Access) of this Code is required prior to issuance of this permit.

E.  Plans for other than one and two family dwelling repairs, remodels, or additions shall be approved by the Fire Marshal prior to approval by the Director.

F.  Issuance of permits.  Except as otherwise provided in this Title, issuance of permits shall be in accordance with Chapter 1 of the 2014 Structural Specialty Code and the provisions of this Title, provided that plans for all commercial buildings and any off‑street parking area where the parking of three or more cars is to be established shall be approved by the City Engineer and the City Traffic Engineer before a building permit may be issued.

1.  Action on application.  The Director will issue a permit if the Director is satisfied that the proposed work conforms to the requirements of this Title and other laws and regulations of the City.

2.  Validity of permit.  The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any provisions of this Title or of any other laws or regulations of the City.  Permits presuming to give authority to violate or cancel the provisions of this Title or other laws or regulations of the City shall not be valid.  The Director is authorized to prevent occupancy or use of a structure where in violation of this Title or any other laws or regulations of the City.

3.  Suspension or revocation.  The Director is authorized to suspend or revoke a permit issued under the provisions of this Title wherever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any provisions of this Title or any other laws or regulations of the City.

G.  Charge for partial permits.  When complete plans and specifications are not available, the Director may issue partial permits to assist in the commencement of the work, provided that a partial permit charge is paid to the bureau.  The number of partial permits issued shall not exceed six on any individual project, except that in special circumstances the Director may allow this number to be exceeded.

H.  Retention of plans.

1.  Plans and specifications for all buildings, or their photographic image, shall be retained permanently in the files of the Bureau of Development Services as follows:

a.  Plans and specifications for work which does not concern or affect the structural stability of a building and which does not affect a change of occupancy may be destroyed after 5 years from date of building permit for same;

2.  Plans and specifications for one or two family dwellings, and/or buildings accessory thereto may be destroyed after 5 years from date of building permit for same.

I.  A separate permit, known as a development permit, shall be required for a site development, changes in use, or other work performed in compliance with Title 33, Chapter 33.700, Administration, which is not otherwise included with the permit described in Subsection A. of this Section.  Reviews and approval of site plans or other documents shall be obtained from the Bureau of Development Services prior to issuance of the permit.

J.  Life of Permit Limited.  If no inspection approval has taken place within six months after permit issuance, the permit shall become void, and no further work shall be done at the premises until a new permit has been secured and a new fee paid.  Each time an inspection approval is granted, the permit shall be deemed to be automatically extended for six months, until final approval is granted.  The Building Official may extend a permit for one period of six months upon finding that the permittee was unable to commence or continue work for reasons beyond the permittee’s control.  Extension requests shall be in writing and shall be received by the Director before the permit expiration date.  If an inspection approval has not been granted within this extended time period, the permit shall be void.  A permit that has been expired for six months or less may be renewed provided no changes have been made in the original plans and specifications for such work.  No permit may be renewed if it has been expired for more than six months.  A permit may be renewed only once.  If an inspection approval has not been granted within the time period of permit renewal the permit shall be void.  The renewal fee shall be one half the amount required for a new building permit.

K.  Maintenance Agreements. If any building element, structure, or utility crosses a real property line, a maintenance agreement and access easement must be signed by all affected property owners and recorded in the County Recorder’s Office on all affected properties.  The agreement and easement must address the repair, upkeep, and replacement of and access to all elements, structures, and utilities that cross a real property line.  Prior to recording, the maintenance agreement and access easement must be reviewed and approved by the building official.  The maintenance agreement and access easement may not be modified or suspended without the building official’s prior written approval.  The applicant must provide a copy of the recorded maintenance agreement and access easement to the building official prior to issuance of the building permit.

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