HomeMy WebLinkAboutAdmin Order 53-25-07-F -- Temporary Building Code Rule AmendmentADMINISTRATIVE ORDER NO. 53-25-07-F
of the
City Manager of the City of Eugene
TEMPORARY AMENDMENT OF REGULATIONS FOR ADMINISTRATION
AND ENFORCEMENT OF THE BUILDING, FIRE AND OTHER
TECHNICAL CODES ADMINISTRATIVE RULE R-8.005 ADOPTED BY
ADMINISTRATIVE ORDER NO. 53-23-03-F.
The City Manager of the City of Eugene finds that:
A. Pursuant to the authority contained in Sections 2.019 and 8.005(1) of the Eugene
Code, 1971 , Regulations for Administration and Enforcement of the Building, Fire and Other
Technical Codes Administrative Rule R-8.005 was adopted by Administrative Order No. 53-23-
03-F on November 6, 2023.
B. Administrative Rule R-8.005 states that all construction or work for which a permit
is required shall be subject to inspection by the Building Official. If inspections do not occur within
the times set out in Rule R-8.005, permits eventually expire. No work may take place on a building
or structure that is subject to an expired permit. R-8.005 allows the Building Official to approve
the re-issuance of an expired permit under certain circumstances, if the applicant pays a
reinstatement fee, which is currently set at an amount equal to half the total permit fee using the
permit rates at the time of renewal.
C. During the COVID-19 pandemic, high construction material costs, financing costs,
market uncertainty, supply-chain issues in critical industries, and the availability of contractors
and subcontractors increased the risks and timelines associated with development and caused
permit applicants to reanalyze and sometimes delay moving forward with their projects. Permit
holders whose work was subject to inspection did not request inspections at the same frequency as
they did prior to the pandemic, and as a result permits expired at a higher rate. Approximately 2-3
times as many permits expired each month after the start of the pandemic, relative to the period
immediately prior to the pandemic. The City's Building & Permit Services Division has
implemented measures to address the expiration of building permits that occurred during and
following the pandemic and the rate at which permits expire has now decreased to pre-pandemic
levels. However, there still exists a significant backlog of expired permits where the work
authorized by those permits is substantially complete, and no changes to the original plans or
specifications are required to complete the work. I find that it will benefit the public if the work
authorized by those expired permits is completed in a safe, compliant, and timely manner.
D. The requirement for payment of a reinstatement fee may dissuade permit holders
from completing the work authorized under expired permits. In addition, in the cases where the
work is already substantially complete and completion of the work does not require any changes
to the plans and specifications already submitted and reviewed by City staff, there is less of a need
to charge a reinstatement fee to cover the cost of additional staff work required to re-issue an
Administrative Order -Page 1 of 3
expired permit. Consequently, on balance I find that it is in the public interest to waive
reinstatement fees for permits that expired on or before March 1, 2024, where the work authorized
under the original permit is substantially complete and the reissued permit would include no
changes to the original plans and specifications for such work, in order to allow for an additional
period during which the work authorized by those permits may be completed in a safe and
compliant manner.
E. On February 14, 2025, I adopted Administrative Order No. 53-25-02-F, which
temporarily amended Rule R-8.005 to allow the Building Official to approve the re-issuance of an
expired permit without requiring payment of a reinstatement fee if the original permit expired on
or before March 1, 2024, the work authorized under the original permit is substantially complete,
and the reissued permit would include no changes to the original plans or specifications for such
work. The temporary amendments to Rule R-8 .005 expire on September 1, 2025 ; however, the
Building Official requires additional time to work through the backlog of expired permits.
Therefore, it is necessary to extend the temporary amendments until December 31 , 2026.
F. On August 6, 2025, I issued Administrative Order No. 53-25-07 ordering Notice be
given of the opportunity to submit written comments on a proposal to extend the temporary rule
amendments enacted by Administrative Order No. 53-25-02-F.
G. Notice of the proposed amendments to the Rule was given by making copies of the
Notice available to any person who had requested such notice and by public;ation of the Notice in
the Register Guard newspaper on August 13 , 14, 15, 17, and 18, 2025, providing interested persons
an opportunity to submit comments on the proposed amendments until the end of the day on
August 28, 2025. No comments concerning the proposed Rules were submitted within the time or
in the manner set out in the Notice
On the basis of these findings, I order that:
1. Section R-8.005-B(3)(e)2 of Rule R-8.005 is temporarily amended as shown in
legislative format below.
2. A copy of this Order shall be appended to Administrative Order No. 53-23-03-F.
3. This Order and the temporary amendments to Section R-8.005-B(3)(e)2 of Rule R-
8.005 shown in legislative format below shall automatically expire and be repealed on December
31 , 2026, unless earlier replaced by an emergency rule, temporary rule, or permanent rule adopted
in accordance with the provisions of Section 2.019 of the Eugene Code, 1971.
Administrative Order -Page 2 of 3
TEMPORARY AMENDMENT TO ADMINISTRATIVE RULE R-8.005
REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT OF THE
BUILDING, FIRE AND OTHER TECHNICAL CODES
R-8.005-B PERMITS
(3) Determination and Issuance of Permits
(e) Expiration
2. Permits.
c. The Building Official may approve the re-issuance of an expired
permit if:
(1) The applicant pays a reinstatement fee
(2) The reissued / new permit would include no changes to the
original plans and specifications for such work; and
(3) The time between the permit's expiration and the application for
re-issuance has not exceeded one year.
e. Notwithstanding subsection (3)(e)2.c., the Building Official may
approve the re-issuance of an expired permit without requiring payment
of a reinstatement fee if the Building Official determines that:
(1) The original permit expired on or before March 1, 2024;
(2) The work authorized under the original permit is substantially
complete; and
(3) The reissued permit would include no changes to the original
plans and specifications for such work.
Notwithstanding any other provisions of this subsection (3), any permit
reissued under the authority of this subsection(3)(e)2.e. shall
automatically expire and become null and void if the owner or builder
fails to call for an inspection pursuant to R-8.005-C(3) within 90 days of
reissuance.
Dated and effective this 4th day of September , 2025.
P't KO
Denny Braud KO
Administrative Order -Page 3 of 3
£11.
AJB Sarah Medary
City Manager