24.10.070 Application for Permits.

City Code Section

(Amended by Ordinance. Nos. 162100, 163908, 165678, 169905, 171773, 174880, 176783, 176955, 180330, 187432, 188647, 188884, 189806, 190350 and 190548, effective October 8, 2021.)

A.  Permits required.  No person, firm, or corporation may erect, construct, enlarge, alter, repair, move, improve, remove, convert, change occupancy group of, or demolish any building or structure, or do any clearing or grading, or cause any of the same to be done without first obtaining the proper 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 will 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 must be submitted  with each application, and must comply with the requirements of Chapter 1 of the Oregon 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 must be submitted.  The above data must 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  must include a copy of the program user 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 must 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 must be prepared and certified by a registered design professional licensed to practice in the State of Oregon. If the Director determines that the proposed work is of a highly technical nature or there is an unreasonable potential risk to life and/or safety of the structure, the Director can require that the plans be prepared and designed by an engineer or architect licensed by the State to practice under ORS 672 or ORS 671.

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 will 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  a permit issued under this Chapter 24.

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

F.  Issuance of permits.  Except as otherwise provided in this Title,  permits will be issued in accordance with Chapter 1 of the Oregon 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 must 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 must 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 must 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 may 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, must be retained permanently in the files of the Bureau of Development Services, except 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;

b.  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 will be required for 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 must be obtained from the Bureau of Development Services prior to issuance of the permit.

J.  Life of Permit Limited.

1.  Permit applications.

a.  Initial permit application. Except for Personal Wireless Service Facility permit applications, a permit application that is inactive for a period of 180 days will be deemed abandoned. If an abandoned permit application is not reactivated within 180 days of abandonment, the permit application will be void. If a permit application is void, a new permit application is required for the subject work. A Personal Wireless Service Facility permit application, for which a permit is not issued within 180 calendar days from the date the permit application is under review status will be deemed abandoned, unless the Building Official has granted an extension. An abandoned Personal Wireless Service Facility permit application may not be reactivated.

b.  Extensions. The Building Official may extend a permit application with justifiable cause, as determined in the Building Official’s sole discretion. A permit application may be extended for a period of up to 180 days. Extension requests must be in writing and received by the Bureau of Development Services before the scheduled permit abandonment date.

c.  Reactivations. Except for Personal Wireless Service Facility permits, the Building Official may reactivate a permit application that has been abandoned for less than 180 days with justifiable cause, as determined in the Building Official’s sole discretion. Reactivation requests must be in writing and received by the Bureau of Development Services within 180 days after permit expiration. If no activity occurs within 180 days after a permit application is reactivated, the permit application will be deemed abandoned. A permit application may be reactivated only once.

2.  Issued permits.

a.  Initial issued permit. Except for Personal Wireless Service Facility permits, if no inspection is approved within 180 days after permit issuance, the permit will expire. If an expired permit is not reactivated within 180 days of expiration, the permit will be void. If a permit is void, a new permit is required for the subject work. A Personal Wireless Service Facility permit that has not received final inspection approval within 180 days from the date the permit is issued will expire, unless the Building Official has granted an extension.

b.  Extensions. Except for Personal Wireless Service Facility permits, each time an inspection is approved, the permit will automatically be extended for 180 days. The Building Official may also extend a permit for periods of up to 180 days with justifiable cause, as determined in the Building Official’s sole discretion. Extension requests must be in writing and received by the Bureau of Development Services before the scheduled permit expiration date. If no inspection is approved or additional extension granted within the extended time period, the permit will expire.

c.  Reactivations. The Building Official may reactivate a permit that has been expired for less than 180 days, provided no changes have been made to the scope of work, and with justifiable cause as determined in the Building Official’s sole discretion. Except for Personal Wireless Service Facility Permits, a void permit may be reactivated provided there have been no changes to the scope of work and only the final inspection remains unapproved. A void Personal Wireless Service Facility permit may not be reactivated. Reactivation requests must be in writing and received by the Bureau of Development Services within 180 days after permit expiration. If no inspection is approved within 180 days of reactivation, the permit will expire. A permit may be reactivated only once.

3.  Fees. When a new permit is required, a new permit application must be submitted and new fees must be paid based on the current adopted Bureau of Development Services fee schedule. The Bureau of Development Services will adopt policies for fee refunds or credits of previously submitted permit applications. Fees for permit extensions and reactivations may also be charged as adopted in the Bureau of Development Services fee schedule.

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.

Upcoming and Recent Changes

Ordinance Number 190548

Effective Date

Ordinance No. 190350

Effective Date