HomeMy WebLinkAboutAdmin Order 53-26-03-F -- R-8.005 AmendmentsADMINISTRATIVE ORDER NO. 53-26-03-F
ofthe
City Manager of the City of Eugene
AMENDING AND REPLACING ADMINISTRATIVE RULE R-8.005
REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT
OF THE BUILDING, FIRE AND OTHER TECHNICAL CODES;
AND REPEALING ADMINISTRATIVE ORDER 53-23-03-F.
The City Manager of the City of Eugene finds that:
A. Section 8 .005 of the Eugene Code , 1971 (EC) authorizes the City Manager to ,
consistent with EC 2.019 , adopt regulations , procedure s, form s, interpretations , and written
policies to implement the provisions of Eugene Code sections 8.005 through 8.010 . Pursuant to
that authority, on November 6, 2023 , the City Manager issued Administrative Order 53-23-03-F
adopting Administrative Rule R-8.005.
B. On July 13 , 2026 , I issued Administrative Order No . 53-26-03 ordering that notice
be given of the opportunity to submit written comments on a proposal to amend the Rule to allow
additional time for building permit applicants to complete the process of obtaining their permits
and to renumber misnumbered subsections of the Rule.
C. Due to economic factors and oth er challenges affecting development, including
high con struction material costs, fin ancing co sts, labor costs, market uncertainty, and the
complexities of constructing large projects within a dense urban environment, I am amending
subparagraph R-8.005-B(3)(e)l. of Administrative Rule R-8.005 to grant additional time for
building permit applicants to complete the proce ss of obtaining their permits . This amendment
also corrects a numbering error in subsection R-8 .005-1(6) of Administrative Rule R-8 .005 . This
amendment will not amend or otherwise affect subparagraph R-8.005-B(3)(e)2 .e. adopted by
Administrati ve Order No. 53-25-07-F , and which will expire on December 31 , 2026 .
D. Notice of the proposed amendments to the Rule was given by making copie s of the
Notice available to any person who had reque sted such notice and an y bu sine ss which possesses a
license issued pursuant to this Rule , providing copies of the Notice to the City Council and , to the
extent required by state law , to the state a nd Lane County , and by publication of the Notice in the
Register Guard newspaper on Jul y 21, 22 , 23 , 24 , and 27 , 2026 , pro v iding interested persons an
opportunity to submit comments on the proposed amendments until the end of the day on Au gust
5, 2026. No comments concerning the proposed Rules were submitted w ith in the time or in the
manner set o ut in the Notice .
On the basis of these findings, I order that:
1. As of the effective date of this Order, a Rule R-8 .005 is amended as provided in
Section 4 of this Order.
Admini strative Order -Page 1 of 44
2. The unamended prov1s1ons of Administrative Rule R-8.005, Regulations for
Administration and Enforcement of the Building, Fire and Other Technical Codes adopted by
Administrative Order No. 53-23-03-F are reaffirmed and incorporated into Administrative Rule
R-8.005 , Regulations for Administration and Enforcement of the Building, Fire and Other
Technical Codes adopted by this Order.
3. As of the effective date of this Order, Administrative Order No. 53-23-03-F is
repealed.
4. Subparagraph R-8 .005-B(3)(e)2.e. adopted by Administrative Order No. 53-25-07-
F remains in effect and a copy of Administrative Order No. 53-25-07-F shall be appended to this
Administrative Order No. 53-26-03-F.
5. As of the effective date of this Order, Administrative Rule R-8.005 , Regulations
for Administration and Enforcement of the Building, Fire and Other Technical Codes, is as
follows:
ADMINISTRATIVE RULE R-8.005
REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT OF THE
BUILDING, FIRE AND OTHER TECHNICAL CODES
R-8.005-A
(1)
GENERAL PROVISIONS.
Purpose. The purpose of these rules is to :
(a) Provide uniform performance standards providing reasonable safeguards
for health, safety, welfare, comfort, security, and practicable maximum energy
conservation, by regulating and controlling the design, construction, material s, use,
occupancy, location and maintenance of buildings and structures, and building
serv ice equipment; and
(b) Protect life and property from the hazards of fire , panic and explosion
arising from conditions hazardous to life or property in the use or occupancy of
buildings or premises , and for the storage, handling and use of hazardous
substances, materials , and devices.
(2) Definitions. Except as specifically defined herein, the words and phrases used
herein shall have the meaning assigned to them by EC 8.001 or the applicable technical
code. As used herein , the following words and phrases mean:
Building Official. A person desi gnated by the City Manager to carry out and
perform the City Manager's duties and responsibilities under EC 8.005
("Construction -Administration") through 8.010 ("Construction -Technical
Code") pertaining to the technical code, or their designee.
Administrative Order -Page 2 of 44
Construction Documents. Plans, specifications, and other written, graphic, and
pictorial documents prepared or assembled for describing the design, location, and
physical characteristics of the elements of a project necessary for obtaining a
permit.
Demolition. The deliberate destruction of a building or other structure , or
significant portion thereof.
Excavation. The mechanical removal of earth material.
Fill. A deposit of earth materials placed by artificial means.
Fire Marshal. A person designated by the City Manager to carry out and perform
the City Manager's duties and responsibilities under EC 8.005 ("Construction -
Administration") through 8.010 ("Construction -Technical Code") pertaining to
the fire code, or their designee.
Grading. An excavation or fill or combination thereof.
Premises. Real property .
Private Residence. A single, double or multiple dwelling house or building
occupied as living or sleeping quarters by one or more family units , exclusive of
any portion of such house or building devoted to commercial, processing or
manufacturing use.
Technical Code. The Oregon Specialty Codes for which the City has assumed
administration and enforcement responsibility, the Eugene Fire Code, and other
regulations prescribing standards for construction of buildings , structures , building
elements, components or equipment that have been adopted by the City pursuant to
EC 8.005 through 8.010.
(3) Application of Technical Code to Existing Structures.
(a) Existing Installations. Buildings, structures, electrical and mechanical
systems and equipment, and plumbing systems and fixtures constructed and
maintained in conformity with the regulations in effect at the time of construction
may have their existing use or occupancy continued, if such use or occupancy is in
accordance with the original design and location and was legal at the time of the
adoption of these regulations and provided such use is not hazardous to life , health
or property and is not in conflict with statutes , rules , regulations , or ordinances of
any federal or state agency or municipality.
(b) Additions, Alterations, or Repairs. Additions , alterations , or repairs may
be made to any building, structure , electrical system or equipment, mechanical
system or plumbing system (collectively referred to as "structure or system")
without requiring the existing structure or system to comply with all the
Administrative Order -Page 3 of 44
requirements of the technical code or these regulations, provided an addition or
alteration complies with the requirements for new construction. Additions ,
alterations, or repairs shall not be made to an existing structure which will cause
the existing structure to be in violation of any of the provisions of the technical code
or these regulations , nor shall such addition , alteration, or repair cause the existing
structure to become unsafe. An unsafe condition shall be deemed to have been
created if an addition, alteration , or repair will cause the existing structure to
become unsafe, unhealthy or overloaded ; will not provide adequate egress in
compliance with the provisions of the technical code or these regulations or will
obstruct existing exits; will create a fire hazard ; will reduce required fire resistance
or will otherwise create conditions dangerous to human life. Additions , alterations ,
or repairs to an existing structure or system shall be such that the existing structure
or system is no less complying with the requirements of the technical code or these
regulations than the existing structure or system was prior to the work.
(c) Changes in Use or Occupancy. A building or structure undergoing a
change in use or occupancy, as defined in the technical code, and the building
service equipment which is part of or serves the building or structure , shall comply
with the requirements of the technical code which may be applicable to the new use
or occupancy.
(d) Maintenance. All buildings , structures , electrical , mechanical and
plumbing systems, equipment and fixtures , both existing and new, and all parts
thereof, shall be maintained in a safe and sanitary condition . All devices or
safeguards which are required by the technical code or these regulations shall be
maintained in conformance with the code edition under which installed. The owner
or his or her designated agent shall be responsible for the maintenance of buildings,
structures, electrical, mechanical and plumbing systems, equipment and fixtures.
To determine compliance with this subsection (3)(d), the Building Official may
cause a structure, system, equipment or fixture to be reinspected.
(e) Relocated Buildings. Existing buildings and structures which are removed
from their foundation and moved into or within the jurisdiction of the City shall
comply with R-8.005-B-(6) and shall be in substantial compliance as defined in
ORS 455.
(f) Historic Buildings. Repairs , alterations, and additions necessary for the
preservation, restoration , rehabilitation or continued use of a building or structure ,
or electrical, mechanical or plumbing system , equipment or fixtures located within
that building or structure, may be made without conformance to all the requirements
of the technical code or these regulations when authorized by the Building Official ,
provided:
1. The building or structure has been designated by official action of
the legally constituted authority of this jurisdiction as having special
historical or architectural significance.
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(4)
2. Any unsafe conditions as described m these regulations or the
technical code are corrected .
3. The restored building or structure will be no more hazardous based
on life , health, safety and sanitation than the existing building.
4. The Building Official seeks the advice of the State of Oregon
historic preservation officer.
Application of Technical Code to Temporary Structures and Uses.
(a) General. The Building Official is authorized to issue permits for temporary
structures, equipment, systems, and uses. Such permits shall be limited as to time
of service but shall not be permitted for more than 180 days unless approved by the
Building Official. Temporary structures and equipment shall be completely
removed upon the expiration of the time limit stated in the permit.
(b) Conformance. Temporary structures , equipment, systems , and uses shall
conform to the structural strength, fire safety , means of egress , accessibility , light,
ventilation, and sanitary requirements of the technical code as necessary to ensure
public health, safety and general welfare.
(c) Termination of approval. The Building Official is authorized to terminate
such permit for a temporary structure or use and to order the temporary structure or
use discontinued.
(5) Interpretations of the Technical Code. The Building Official is authorized to
render interpretations of the technical code , except the Fire Code , and to adopt policies and
procedures in order to clarify the application of technical code provisions. The Fire
Marshal is authorized to render interpretations of the Fire Code and to adopt policies and
procedures in order to clarify the application of Fire Code provisions.
(6) Modification of a Technical Code Requirement. The Building Official may
modify a provision of the technical code in individual cases upon finding that:
(a) A special individual reason makes it impractically difficult to conform to
the strict letter of the code;
(b) The modification is not inconsistent with the intent and purpose of the
technical code; and
(c) The modification does not create an unsafe or dangerous condition
regarding fire and life safety.
(7) Waiver of a Technical Code Requirement. The Building Official may waive a
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provision of the technical code in individual cases upon finding that:
(a) Strict compliance is not necessary to meet the intent of the technical code
and the waiver is not inconsistent with the intent and purpose of the technical code;
and
(b) The waiver does not create an unsafe or dangerous condition regarding fire
and life safety.
(8) Alternate Materials and Methods. The Building Official may approve the use of
alternate construction materials and methods upon a finding that the applicant has provide
sufficient evidence or proof that:
(a) The proposed material , design or method is satisfactory and complies with
the intent of the provisions of the technical code and these regulations;
(b) The proposed alternative material or method is , for the purpose intended, at
least the equivalent of that prescribed in the technical code in suitability, strength,
effectiveness, fire resistance, durability, safety, and sanitation; and
(c) Where the alternative material or method also involves a matter within the
authority of the Fire Marshal, the Fire Marshal has approved the alternative .
(9) Liability. Neither these regulations nor the technical code relieves or lessens the
responsibility of any person owning, operating, constructing or controlling any building,
structure or premises for any damages to persons or property caused by defects. Nor shall
the City or any of its agencies, officers, employees or agents be held as assuming any such
liability by reason of the inspections authorized by , or any permits issued under these
regulations or the technical code.
R-8.005-B
(1)
PERMITS.
When Permits Required.
(a) General. Except as provided in subsection (1 )(b ):
1. No building, structure or building service equipment shall be
erected, constructed, enlarged, altered, repaired , relocated, improved,
removed, converted or demolished, and no site may be cleared or graded,
unless a separate , appropriate permit for each building , structure, building
service equipment, or site has first been obtained from the Building Official.
a. The City of Eugene has an ORS Chapter 455
"comprehensive municipal building inspection program" under
which the City has assumed responsibility for permitting associated
Administrative Order -Page 6 of 44
with the structures and activities that are encompassed by the state
building code . Pursuant to that authority , permits are required for all
structures and activities encompassed by the state building code.
b. Permits are also required for:
(1) All structures and activities addressed by the Oregon
Specialty Codes which have been adopted as part of the
Eugene Technical Code and that are not otherwise
encompassed by the state building code ; and
(2) The additional structures and activities specifically
addressed by this Rule R -8.005 (including demolition,
grading , relocated buildings , numbering of structures and
premises, protection of adjoining property, protection of
pedestrians).
2. Fire safety and hazardous materials permits within the scope of the
Fire Code shall be governed by the Eugene Fire Code Administrative Rule
R -8 .0l0FC instead of this R-8.005.
3. A permit is required to resurface or restripe a parking lot for the
purpose of verifying accessible parking spaces in accordance with ORS
447.233.
4. A permit issued pursuant to this Rule shall be in addition to any other
permit specifically required elsewhere by the Eugene Code.
(b) Exceptions . A permit shall not be required for the types of work in each of
the separate classes of permit as listed below. Exemption from the permit
requirements of Chapter 8 of the Eugene Code or these regulations shall not be
deemed to grant authorization for any work to be done in violation of the provisions
of these regulations , Chapter 8 of the Eugene Code , the technical code, or any other
provision of the Eugene Code or any other laws or ordinances .
1. General Building Permit Except ions. A building permit is not
required for the following:
a. Agricultural buildings exempted in ORS 455.315.
b. Equine facilities exempted in ORS 455.315 .
c. One-story detached accessory structures used as tool and
storage sheds and similar uses , provided that the floor area is not
greater than 120 square feet.
Administrative Order -Page 7 of 44
d. Fences nine feet high or less if constructed of wood, wire
mesh, chain link or other materials weighing 5 pounds per square
foot or less , and fences 6 feet high or less if constructed of materials
weighing more than 5 pounds per square foot. This exemption does
not apply to required barriers around swimming pools and is not an
exemption from the requirements of EC Chapter 9.
e. Window awnings in R-3 and U occupancies, supported by
an exterior wall that do not project more than 54 inches from the
exterior wall and do not require additional support.
f. Nonfixed and movable fixtures, cases, racks , counters and
partitions not over 5 feet 9 inches high .
g. Retaining walls which are not over 4 feet in height measured
from the bottom of the footing to the top of the wall, unless
supporting ascending backfill exceeding a slope of3 units horizontal
to 1 unit vertical or supporting a nonsoil surcharge.
h. When approved by the Building Official, retammg walls
located in an area where failure of the wall would not create a hazard
or endanger private or public property .
i. Water tanks supported directly upon grade if the capacity
does not exceed 5,000 gallons and the ratio of height to diameter or
width does not exceed two to one.
j. Platforms, walks and driveways not more than 30 inches
above grade, not over any basement or story below, and not part of
a required accessible route.
k. Painting, papering , tilling , carpeting, cabinets , counter tops
and similar finish work.
I. Temporary motion picture , television and theater stage sets
and scenery.
m. Shade cloth structures constructed for nursery or agricultural
purposes , not including service systems.
n. Equipment shelters not intended for human occupancy with
a building area 250 square feet or less, designated as Risk Category
I or II.
o. Temporary job trailers used exclusively for construction
purposes associated with a valid permit.
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p. The following ground-mounted structures that are not
attached to or supported by a regulated building:
(1) Signs that are not over 9 feet high if constructed of
materials weighing 5 pounds per square foot or less , and not
over 6 feet high if constructed of materials weighing more
than 5 pounds per square foot.
(2) Cellular phone , radio, television and other
telecommunication and broadcast towers that are not over 25
feet high .
(3) Flagpoles , light poles , and similar structures that are
not over 25 feet high.
( 4) Photovoltaic systems that do not exceed 10 feet in
height.
q. Nonpermanent, moveable structures that:
(1) Serve a seasonal , transitional or emergency use;
(2) Are single-story, freestanding , and not enclosed by
or attached to another structure ;
(3) Are designed , installed and maintained to be readily
relocated ;
(4) Are without a utility connection for which a permit
is otherwise required by the technical code ; and
(5) May include yurts, huts , cabins , fabric structures , tents
and similar accommodations.
Unless otherwise exempted, separate plumbing , electrical and mechanical
permits will be required for the above exempted items.
2. Building Permit Exceptions for Group R-3 Occupancies. In
addition to items listed in subsection (l)(b)l , a building permit is not
required for the following items when in or appurtenant to Group R-3
Occupancies covered under the Residential Code:
a. Nonhabitable one-story detached accessory structures ,
provided that the floor area does not exceed 200 square feet and
the height does not exceed 15 feet measured from grade plane to
the average height of the highest roof surface.
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b. Concrete si de walks, slabs, platform s, driveways and similar
work on grade.
c. Interior wall, floor or ceiling covering and similar finish
work.
d. Prefabricated swimming pools where the pool walls are
entirely above the adjacent grade. Barrier requirements are not
exempt.
e. Swings, other playground equipment, and similar work .
f. Patio covers and porch covers not over 200 square feet and
supported by an exterior building wall.
g. Nonbearing partitions, except when such partitions create
habitable space.
h. Replacement or repair of siding not required to be fire
resistive.
1. Retrofitted insulation.
j. Masonry repair.
k. Porches and decks, where the floor or deck is not more than
30 inches above adjacent grade measured at any point within 3 feet
horizontally of the floor or deck, and where in the case of a
covered porch , the covered portion of the porch does not come
closer than 3 feet to property lines.
I. Gutters and downspouts.
m. Door and window replacements (where no structural
member is changed).
n. Re-roofing , where replacement or repair of roofing does
not exceed 30 percent of the required live load design capacity and
the roof is not required to be fire resistive. This exception does not
apply (permits forre-roofing are required):
(1) For structures in wildfire hazard zones .
(2) For townhouses.
(3) For installation of building-integrated photovoltaic
roof panels and other photovoltaic roof coverings.
Administrative Order -Page 10 of 44
(4) Where more than 15 percent of the existing space
sheathing is removed to facilitate the installation of new
sheathing.
o. Framed-covered nonhabitable accessory structures not
more than 500 square feet in area, one story in height and not
closer than three feet to a property line , where the structure is
composed of a rigid framework that supports a fabric membrane.
Unless otherwise exempted , separate plumbing, electrical, and mechanical
permits may be required for the above exempted items.
3. Plumbing Permit Exceptions. A plumbing permit is not required
for the following:
a. The stopping of leaks or repairing freeze damage in water
piping , drains, soil , waste or vent pipe not exceeding five feet of new
piping , provided the repair or replacement does not involve any
changes or alteration to the existing plumbing system.
b. The clearing of stoppages , including the removal and
installation of water closets , or the repairing of leaks in pipes , valves
or fixtures, provided such repairs do not involve or require the
replacement or rearrangement of valves , pipes or fixtures.
c. Ordinary minor plumbing repairs as defined in OAR 918-
780-0035 , including the repair, replacement, or maintenance of
existing plumbing fixtures , appliances , appurtenances , and related
water supply and drain attachments for the purpose of restoring a
plumbing installation to a safe and sanitary operating condition. This
does not include new construction , replacement of water heaters , or
underground plumbing.
4. Electrical Permit Exceptions. An electrical permit is not required
for the following:
a. To replace light bulbs , fluorescent tubes , or approved fuses ,
or to connect approved portable electrical equipment to permanently
installed and properly wired receptacles;
b. For experimental electrical work or testing of electrical
products in testing laboratories of electric shops , educational
institutions, industrial plants, or recognized testing laboratories.
c. To install components exempted by OAR 918, division 261.
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d. To replace an existing garbage disposal , dish washer, electric
water heater, or similar appliance of 30 amps or less , single phase.
e. To install cord and plug connected Class 2 irrigation control
sy stems .
f. For electrical installations for which the state has authorized
a minor installation label in accordance with OAR 918-100-000
through 918-100-0060.
5. Mechanical Permit Exceptions. A mechanical permit 1s not
required for the following :
a. Portable heating appliances , portable ventilation appliances
and equipment, portable cooling units, portable evaporative coolers;
b. Steam, hot-or chilled-water piping within any heating or
cooling equipment regulated by the mechanical code;
c. Replacement of any minor part that does not alter the
approval of equipment or an appliance or make such equipment or
appliance unsafe ;
d. Self-contained refrigeration systems that contain 10 pound s
or less of refrigerant, or that are actuated by motors of 1 horsepower
(0.75 kW) or less ;
e. Portable fuel cell appliances that are not connected to a fi xed
piping sys tem and are not interconnected to a power grid.
6. Exception for Ordinary Repairs. Application or notice to the
Building Official is not required for ordinary repairs to structures. As used
in this section (I )(b )6 , "ordinary repairs " does not include:
a. The removal or cutting away of any wall , partition or portion
thereof.
b. The removal or cutting of any structural beam or load-
bearing support .
c. The removal or change of an y required means of egress , or
rearrangement of parts of a structure affecting the egress
requirements.
(c) Emergency Repairs. A permit application shall be submitted to the
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Building Official within five busine s s days following an emergency situation that
required temporary structural supports, structural replacement or repairs on an
existing structure , or mechanical equipment replacements and repairs .
(d) Change of Use or Occupancy. A permit is required to change the use or
occupancy of any regulated building, or portion of a regulated building, that would
result in one of the following:
1. A change in occupancy classification.
2. A change from one group to another within an occupancy
classification.
3. Any change in use within an occupancy group for which the
technical code requires a greater degree of safety, accessibility , structural
strength, fire protection , means of egres s, ventilation , or sanitation.
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(2) Application for Permit.
(a) Application. To obtain a permit, the applicant shall file an application on a
form furnished by the Building Official for that purpose. 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 of or occupancy for which the proposed work is
intended;
4. Be accompanied by plans , diagrams , computations and
specifications and other data as required in this section (2);
5. State the valuation of any new building or structure or any addition,
remodeling or alteration to an existing building;
6. Be signed by the permittee, or his/her authorized agent;
7. Give such other data and information as may be required by the
Building Official.
(b) Construction Documents. Construction documents must be submitted in
Portable Document Format (pdf).
1. Where required by state law or otherwise required by the Building
Official, construction documents shall be prepared and designed by an
engineer or architect licensed by the state to practice as such.
2. Exceptions:
a. The Building Official may waive the submission of plans ,
calculations or other data if the Building Official finds that the
nature of the work applied for is such that reviewing of plans is not
necessary to obtain compliance with these regulations , or applicable
technical code.
b. Construction documents prepared and designed by an
engineer or architect licensed by the state to practice as such are not
required for the following work:
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(1) The erection, enlargement or alteration of any
building, or any appurtenance thereto, where the resulting
building has a ground area of 4,000 square feet or less and is
not more than 20 feet in height from the top surface of the
lowest floor to the highest interior overhead finish (ORS
671.030).
(2) A detached single-family dwelling, farm building , or
an accessory building to a single-family dwelling.
(3) Alterations or repairs that do not involve the
structural parts of the building.
(c) Responsible Design Professional. Where it is required that documents be
prepared by a registered design professional, the building official shall be
authorized to require the owner or the owner's authorized agent to engage and
designate a registered design professional who shall act as the registered design
professional in responsible charge . The registered design professional in
responsible charge shall be responsible for reviewing and coordinating submittal
documents prepared by others , including phased and deferred submittal items , for
compatibility with the design of the building.
(d) Information on Construction Documents . Construction documents shall
be of sufficient clarity to indicate the location, nature and extent of the work
proposed and show in detail that it will conform to the provisions of the technical
code and all relevant laws, ordinances, rules and regulations. The first sheet of each
set of plans shall state the building and street address of the work and the names
and addresses of the owner of the land or building where the work is to be done and
of the person who prepared the plans . Other data sufficient to show the correctness
of the plans shall be submitted when required by the Building Official.
1. Electrical Plans. A person making application for an electrical
permit on a complex structure as defined in OAR 918-311-0040 shall file
with the Building Official proper electrical plans , specifications,
calculations, and schedules as may be necessary to determine whether the
installation as described will conform to the applicable electrical code
requirements , laws , ordinances, rules , and regulations. The plans shall be
drawn to scale, contain definitions for legends used , and be of sufficient
clarity to indicate the location , nature and extent of the work proposed. The
plans and specifications submitted must be complete and shall show, among
other details, the following:
a. Feeder riser diagram showing panel location and circuit
schedules.
b. One-line riser diagram showing bonding and grounding and
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conductor sizes.
c. Available fault current on the line side of service disconnect.
d. Complete load calculations, or provide applicable load
records, for all new installations and for additions to existing
installations.
e. Fixture schedule, showing type, location and layout of the
fixtures.
f. Location of emergency systems, identifying the power
source and the system on plan.
2. Plumbing Plans. Every person making application for a plumbing
permit on a complex structure as defined in OAR 918-780-0040 shall file
with the Building Official proper plumbing plans, specifications and
schedules as may be necessary to determine whether the installation as
described will conform to the requirements of the plumbing code. The plans
submitted must be complete and shall show, among other details, the
following:
a. Layout for each floor with dimensions showing all rooms
and work areas, including a legend of all symbols used.
b. Location of all plumbing fixtures within the structure
including hose bibs and backflow devices.
c. Location, layout, and size of all potable water, drain, waste ,
and vent piping , and medical gas and vacuum systems.
d. On a site or plot plan:
(1) Location and size of sanitary sewer service or private
sewage disposal.
(2) Location and size of water service
(3) Location and size of storm sewer, direction of storm
drainage, and location of dry wells or stormwater treatment
facilities.
3. Statement of Special Inspections. The engineer or architect
responsible for the proposed structural design work shall specify, in the
construction documents , the special inspections required by R-8.005-C(S)
of these regulations and other structural inspections required by the engineer
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(3)
or architect.
Determination and Issuance of Permits.
(a) Issuance. The permit applications and construction documents filed by an
applicant shall be reviewed by the Building Official. If the Building Official finds
that the work described in the application and construction documents conforms to
the requirements of these regulations , the technical code , and any other pertinent
laws and ordinances, that licensed contractors have been identified to perform the
work where required, and that the required fees have been paid, the Building
Official shall issue a permit therefore to the applicant. Such approved construction
documents shall not be changed, modified or altered without authorization from the
Building Official , and all work shall be done in accordance with the approved plans.
(b) Partial Permit Issuance. The Building Official may issue a permit for the
construction of part of a building , structure or building service equipment before
the entire plans and specifications of the whole building , structure or building
service equipment have been submitted or approved , provided adequate
information and detailed statements have been filed complying with all pertinent
requirements of the technical code. The ho Ider of such a partial permit shall proceed
at their own risk without assurance that the permit for the entire building, structure
or building service will be granted.
(c) Retention of Plans. The Building Official will retain one set of approved
construction documents for at least as long as required by OAR 166-200-0250 and
will return one set of approved plans to the applicant to be kept on the site of the
building or work at all times during which the work authorized thereby is in
progress .
(d) Validity of Permit. The issuance of a permit or approval of construction
documents shall not be construed to be a permit for, or an approval of, any violation
of any of the provisions of these regulations or the technical code, or of any other
ordinance of the City of Eugene. Permits presuming to give authority to violate or
cancel such provisions shall not be valid. The issuance of a permit based upon
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, or from stopping work on building operations being carried out thereunder
when in violation of such provisions .
(e) Expiration.
1. Permit Applications. Applications for which no permit is issued
within 360 days following the date of application shall automatically expire,
and plans and other data submitted for review may thereafter be destroyed
by the City. The Building Official may extend the time for action by the
applicant for a period not exceeding 180 days upon request by the applicant.
Administrative Order -Page 17 of 44
No application shall be extended more than twice. In order to renew action
on an application after expiration, the applicant shall resubmit plans and
may be subject to a new plan review fee.
2. Permits.
a. Unless the Building Official has approved an extension,
permits issued by the Building Official shall automatically expire
and become null and void, if:
(1) From the date of issuance of such permit, the
building or work authorized by such permit is not
commenced within:
(A) 180 days for an electrical permit; or
(B) 360 days for all other permits.
(2) The building or work authorized by such permit is
suspended or abandoned at any time after the work is
commenced for a period of:
(A) 180 days for an electrical permit ; or
(B) 360 days for all other permits.
(3) The owner or builder fails to call for an inspection
pursuant to R-8.005-C(3) every :
(A) 180 days for an electrical permit; or
(B) 360 days for all other permits.
b. No work may take place on a building , structure or building
service equipment that is subject to an expired permit.
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.
Administrative Order -Page 18 of 44
d. Any permittee holding an unexpired permit may apply for an
extension of the time limitation in subsection (3)( e )2.a. The
Building Official may extend the time for action by the permittee
for a period not exceeding 180 days . No permit shall be extended
more than once.
3. Expired permit safety certification.
a. The owner of property for which a construction permit has
been issued and the permit has expired prior to passing all required
inspections shall , within 30 days after the expiration of the permit,
renew the permit, or, submit to the city either a written statement
that no work was performed under the permit, or , if any work was
performed , a written statement from a qualified professional
describing the work performed and certifying that the work
performed under the permit does not create an unsafe situation. This
certification does not authorize occupancy, nor is it a substitute for
the approval of the Building Official as required by this rule or the
Eugene Code.
b. Failure to submit a statement or certification within 30 day s
from the date of expiration of the permit constitutes a violation of
this rule and a civil penalty therefore may be imposed against the
property owner.
c. For purposes of this subparagraph , a qualified professional
includes a currently licensed architect, a currently licensed civil
engineer , a currentl y licensed journeyman electrician if electrical
work is included, and a currently licensed journeyman plumber if
plumbing work is involved. Other qualified professionals not listed
herein may be substituted upon the written approval of the Building
Official.
(f) Suspension or Revocation. The Building Official may suspend or revoke
a permit issued under the provisions of these regulations and the technical code
whenever the permit is issued in error or on the basi s of incorrect, inaccurate or
incomplete information, or in violation of any ordinance or regulation or any of the
provisions of these codes.
(4) Demolition Permits. In addition to the provisions of sections (2) and (3), the
following subsections apply to demolition permits.
(a) Issuance of Demolition Permit. No building permit for demolition or work
involving demolition of a building shall be issued until the owner or applicant has
filed with the permit application a plan indicating :
Administrative Order -Page 19 of 44
1. The length of time to complete the demolition;
2. Whether there will be salvage of material;
3 . The manner in which the site will be secured against accessibility
by children and other unauthorized persons ;
4. How compliance with the Oregon Structural Code provisions for
safeguards during construction, R-8.005-H , and thi s section (4) will be
achieved; and
5. How the demolition plan otherwise complies with applicable state
and local laws .
(b) Requirements under Demolition Permit. In addition to complying with
the requirements of the Oregon Structural Code and this Administrative Rule :
1. No demolition may be commenced unless written notice has been
provided to the propertie s that are immediately adjacent to or across the
street from the property to be demolished at least 48 hours prior to the
demolition work;
2. When winds exceed 25 m .p.h., no demolition of the exterior of a
structure may take place and no demolition debris may be moved; and
3. No demolition may occur by implosion or other explosive means
except when a special demolition permit has been issued that expressly
authorizes use of implosion or other explosive mean s and establishes
specific conditions that address health, safety and livability concerns.
(c) Completion of Demolition. The building demolition for which a permit is
issued shall be completed within 60 day s of the date of the permit. An extension of
time may be granted by the Building Official, provided the demolition is
progressing satisfactorily.
(5) Grading Permits. Except as provided in subsection (5)(a), no person shall do any
grading without first having obtained a grading permit from the Building Official.
(a) Exceptions. A grading permit is not required for the types of work listed
below. Exemption from permit requirements shall not be deemed to grant
authorization for any work to be done in violation of these regulations , Chapter 8
of the Eugene Code, the technical code, or any other provision of Eugene Code or
any other laws or ordinances.
1. When the Building Official determines that the proposed grading is
Administrative Order -Page 20 of 44
in an isolated self-contained area, poses no danger to the public, and that
such grading will not adversely affect adjoining properties.
2. When the grading is for an excavation below finished grade for
basements and footings of a building, retaining walls, or other structures
authorized by a valid building permit. This shall not exempt any fill made
with the material from such excavation nor exempt any excavation having
an unsupported height greater than 5 feet after the completion of such
structure.
3. When the grading is for the creation of a cemetery grave.
4. When the grading is for a refuse disposal site controlled by other
regulations.
5. When the grading is to excavate for a well or utilities .
6. When the grading is part of mining, quarrying , excavating,
processing or stockpiling of rock, sand , gravel, aggregate or clay where
established and provided for by law , provided such operations do not affect
the lateral support or increase the stresses in or pressure upon any adjacent
or contiguous property.
7. When the grading is part of exploratory excavations under the
direction of a soil (geotechnical) engineer or engineering geologist.
8. When the excavation:
a. Is less than two feet in depth; or
b. Does not create a cut slope greater than five feet in height
and steeper than two units horizontal to one unit vertical.
9. When the fill:
a. Is less than one foot in depth and is placed on natural terrain
with a slope flatter than five units horizontal to one unit vertical ; or
b. Is less than three feet in depth and:
(1) Is not intended to support structures;
(2) Does not obstruct a drainage course; and
(3) Does not exceed 50 cubic yards on any one lot.
Administrative Order -Page 21 of 44
(b) Application for Grading Permit. Application for a grading permit shall be
made in accordance with subsection (2)(a) of this rule.
(c) Construction Documents for Grading Permit. In addition to the general
requirements of subsections (2)(b) and (2)( d), construction documents shall include
the following:
1. Site plan requirements. The plans shall include:
a. Existing grade and finished grade in contour intervals of
sufficient clarity to indicate the nature and extent of the work;
b. Existing grade on adjoining properties;
c. Detailed plans of all surface and subsurface drainage
devices, walls , retaining walls, cribbing, dams , and other protective
devices to be constructed with, or as a part of, the proposed work
together with a map showing the drainage area and the estimated
runoff of the area served by any drains; and
d. Location of any buildings or structures on the property
where the work is to be performed and the location of any buildings
or structures on land of adjacent owners that are within 15 feet of
the property or which may be affected by the proposed grading
operations ;
2. Geotechnical Report. Except where the Building Official
determines that the nature of the work applied for is such that a geotechnical
report is not necessary, a geotechnical report prepared by a licensed design
professional shall be provided. The report shall include the following:
a. The nature and distribution of existing soils;
b. Conclusions and recommendations for grading procedures;
c. Soils design criteria for any structures or embankments
required to accomplish the proposed grading;
d. A design for any structural fill, including:
(1) Specifications for site preparation;
(2) Specifications for fill materials to be used;
(3) Specifications for fill material placement and
compaction;
Administrative Order -Page 22 of 44
(4) Minimum acceptable in-place dry density expressed
as a percentage of the maximum dry density, and field test
method for determining the in-place dry density of the
compacted fill; and
(5) Number and frequency of field tests required to
determine compliance.
e. A study of the liquefaction potential of the site with
recommendations; and
f. Where necessary, slope stability studies, and
recommendations and conclusions regarding site geology .
(d) Determination and Issuance of Grading Permit. The general provisions
of section (3) apply to an application for a grading permit. In addition, an
application for a grading permit shall be consistent with the following:
1. Excavations. The slope of cut surfaces shall be no steeper than is
safe for the intended use , and no steeper than 2 units horizontal to 1 unit
vertical unless justified by a geotechnical report.
2. Fills. Unless otherwise recommended in the geotechnical report,
fills shall comply with the provisions of this subsection(S)(d).
a. Ground Preparation. The ground surface shall be prepared
to receive fill by removing vegetation , top-soil and other unsuitable
materials , and scarifying to provide a bond with the new fill.
b. Fill Material. Fill material shall not include organic or
deleterious materials. No rock or similar irreducible material greater
than 12 inches in any dimension shall be included in fills.
c. Compaction of Fill. All fills shall be compacted to 90
percent of maximum density as determined by ASTM D-1557,
Modified Proctor, in lifts not exceeding 12 inches in depth.
d. Fill Slope. The slope of fill surfaces shall be no steeper than
is safe for the intended use and any fill slopes that are steeper than
2 units horizontal to 1 unit vertical shall be justified by a
geotechnical report .
3. Drainage. Drainage across property lines shall not exceed that
which existed prior to grading. Excess or concentrated drainage shall be
contained on site or directed to an approved drainage facility . Where
necessary, check dams, riprap or other devices or methods shall be
employed to control erosion and provide safety.
Administrative Order -Page 23 of 44
4. Setbacks. Graded slopes ( cut or fill) shall be set back from the
property lines and existing structures in accordance with this subsection
(5)(d)4.
a. Setbacks from Property Lines. Setback dimensions shall
be measured perpendicular to the property line and shall be as shown
in the following Figure, unless substantiating data is submitted
justifying reduced setbacks .
Property
Line
Setbacks from Property Lines
To p of
Slope
Property
Line
H/5 but 2 ft. minimum
,...__....,,_ and need not exceed
10 ft . maximum .
Toe of
Slope
H/5 but 2 ft. minimum I
and need not exceed -,----+•
Adjacent Property
20 ft . maximum . I \_ Na tural or
Finish Grade I
I
I
I Adjacent Property ,
Natural or J
Fin is h Grade
b. Slope Protection. Where required to protect adjacent
properties at the toe of a slope from adverse effects of the grading,
additional protection, approved by the Building Official , shall be
included. Such protection may include but shall not be limited to:
(1) Additional setbacks;
(2) Provisions for retaining walls or similar
construction ;
(3) Treatment of the slope surface to minimize erosion ;
and
(4) Provisions for control of surface waters.
c. Setbacks from Structures. Setbacks between graded slopes
Administrative Order -Page 24 of 44
and structures shall be provided in accordance with the following
Figure, unless substantiating data is submitted justifying reduced
setbacks.
H/2 but need not
Face of
Structure
Setbacks from Structures
Toe of
Slope
exceed 15 ft _ max _ -1---+1
Top of
Slope
Face of
Footing
H/3 but need not
1+-----exceed 40 ft _
ma ximum _
(e) Modification of Grading Permit. The Building Official may require that
grading operations and project designs be modified if delays occur which incur
weather-generated problems not considered at the time the permit was issued.
(f) Grading Inspection. Grading operations for which a permit is required
shall be subject to inspection in accordance R-8 .005-C
(6) Relocated Buildings.
(a) Consistent with ORS 455.410 , existing buildings or structures which have
been removed from their foundation and relocated to another site shall be in
compliance with the local construction codes that were in effect as of the original
permit date of the building or structure, or where there was no permitting required
at the time of original construction , with basic health and safety standards, as
described in the closest dated Uniform Housing Code , as published by the
International Conference of Building Officials as of the date of construction.
(b) Notwithstanding (a), the insulation, overhead and underneath the structure ,
shall be upgraded to the current insulation requirements or to the maximum extent
possible subject to the design of the structure.
Administrative Order -Page 25 of 44
R-8.005-C
(1)
(c) Heating, plumbing and electrical systems are not required to meet current
standards for new construction , except that any life-threatening deficiencies in
those systems shall be repaired, notwithstanding that the cost of rehabilitation may
exceed 50 percent of the value of the structure before rehabilitation.
(d) Site improvements , foundation and basement construction, utility
connections , additions , and alterations to a relocated structure shall comply with
the technical code , the se regulations , or any other provision of the Eugene Code
relating to new construction.
(e) Plan filed. Construction documents must be filed with the Building Official
as part of a building permit application before a · permit to relocate a building or
structure to the new site will be issued. Construction documents shall comply with
R-8.005-B(2)(d) and shall include the following:
1. A plot plan of the site showing the proposed location of all buildings
and improvements , including driveways , sidewalks , parking areas, and
landscaping ; and
2. The additions, alterations, foundations, and other improvements to
be constructed or installed at the new site.
INSPECTIONS, OBSERVATION AND TESTING.
Inspection -General.
(a) All construction or work for which a permit is required shall be subject to
inspection by the Building Official and all such construction or work shall remain
accessible and exposed for inspection purposes until approved by the Building
Official. In addition , certain types of construction shall have special inspection as
specified in R-8.005-C(8). Existing buildings shall be subject to those inspections
specified in paragraphs (6) and (7) below.
(b) Approval as a result of an inspection shall not be construed to be an approval
of a violation of the provisions of these regulations , the technical code , or of other
ordinances of the City. Inspections presuming to give authority to violate or cancel
the provisions of these regulations , the technical code or other ordinances shall not
be valid.
(c) It shall be the duty of the owner or owner 's authorized agent to cause the
work to remain accessible and exposed for inspection purposes. Neither the
Building Official , nor the City shall be liable for expense entailed in the removal or
replacement of any material required to allow inspection.
(d) A survey of the lot may be required by the Building Official to verify that
Administrative Order -Page 26 of 44
the structure is located in accordance with the approved plans.
(e) Preliminary inspection. Before issuing a permit, the Building Official is
authorized to examine or cause to be examined buildings, structures and sites for
which an application has been filed .
(2) Required Building Inspections.
(a) The Building Official, upon notification, shall make the inspections
identified in these regulations, the technical code , OAR 918, division 271, and other
applicable statutes and rules .
(b) In addition to the inspections specified in section (2)( a), the Building
Official may make or require other inspections of any construction work to
ascertain compliance with the provisions of these regulations, Chapter 8 of the
Eugene Code, the technical code, or other laws which are enforced by the Building
Official.
(3) Inspection Requests. It shall be the duty the of permit holder or permit holder's
duly authorized agent to notify the Building Official that work is ready for inspection. Such
request shall be made by means as determined by the Building Official. It shall be the duty
of the person requesting any inspections required either by these regulations or the
technical code to provide access to and means for inspection of such work.
(4) Inspection Approval Required.
(a) General. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the Building Official.
The Building Official, upon notification, shall make the requested inspections and
shall either indicate the portion of the construction that is satisfactory as completed
or shall notify the permit holder or his /her agent wherein the same fails to comply
with these regulations or the technical code. Any portions which do not comply
shall be corrected and such portion shall not be covered or concealed until
authorized by the Building Official.
(b) Building Service Equipment. Building service equipment regulated by the
technical code shall not be connected to the water, fuel or power supply or sewer
system until authorized by the Building Official.
(5) Reinspections.
(a) General. A reinspection fee may be assessed for each inspection or
reinspection when such portion of work for which inspection is called is not
complete or when corrections called for are not made. Reinspection fees also may
be assessed for failure to provide access on the date for which inspection is
requested, or for deviating from plans requiring the approval of the Building
Administrative Order -Page 27 of 44
Official.
(b) Reinspection fees. In instances where reinspection fees have been assessed ,
no final approval of the work will be performed until the required fees have been
paid.
(6) Inspections of Existing Buildings.
(a) Inspections. In addition to Building Official inspections authorized
elsewhere in these regulations, the Building Official may enter a building or
premises whenever the Building Official has reasonable cause to believe that there
exists in such building or upon such premises any condition or code violation which
makes such building or premises unsafe , dangerous or hazardous. The Building
Official may enter such building or premises at all reasonable times to inspect the
same or to perform any duty imposed upon the Building Official by such codes . If
such building or premises is occupied, the Building Official shall first present
proper credentials and request entry; and if such building or premises be
unoccupied, he /s he shall first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and request entry. No
person shall deny a request for or interfere or prevent any inspection authorized by
this subsection (6)(a). Should entry be refused, the Building Official shall have
recourse to every remedy provided by law to secure entry, including obtaining a
search warrant.
(b) Findings. If the Building Official finds violations, the Building Official
shall provide written notice of the violations as provided in R-8.005-1(2) and may
take any enforcement action authorized by law .
(7) Fire Inspections.
(a) Inspections. The Fire Marshal, at all reasonable times, may enter into all
buildings and upon all premises, except for a private residence, for the purpose of
conducting routine or periodic inspections to ascertain if fire hazards exist therein
or thereon. The Fire Marshal, at all reasonable times , may enter upon and examine
any building or premises where there is probable cause to believe that a condition
of nonconformity with a fire safety standard or order exists . If such building or
premises is occupied, the Fire Marshal shall first present proper credentials and
request entry; and if such building or premises be unoccupied, he /she shall first
make a reasonable effort to locate the owner or other persons having charge or
control of the building or premises and request entry. No person shall deny a request
for or interfere or prevent any inspection authorized by this subsection (7)(a).
Should entry be refused , the Fire Marshal shall have recourse to every remedy
provided by law to secure entry, including obtaining a search warrant.
(b) Findings. If the Fire Marshal finds violations, the Fire Marshal shall
provide written notice of the violations as provided in R-8.005 -1(2) and may take
Administrative Order -Page 28 of 44
any enforcement action authorized by law .
(c) Investigation of Fire. The Fire Marshal shall investigate the cause, origin
and circumstances of each fire occurring within the jurisdiction of the City. The
Fire Marshal's investigation shall begin immediately after the occurrence of the fire
and shall include all inquiries necessary to determine if the fire was the result of
carelessness or design.
1. The Fire Marshal may enter upon and examine any building or
premises wherein fire has occurred, and other buildings or premises
adjoining or near the same.
2. The Fire Marshal shall take or shall have taken the statements of all
persons supposed to be cognizant of any facts or who hav e means of
knowledge in relation to the cause , origin and circumstances of any fire then
under investigation if, in the opinion of the Fire Marshal , such statements
are necessary to the inve stigation.
3. The Fire Marshal shall have and may exercise such additional
authority to carry out inspections as provided in state law including but not
limited to ORS 476.070 , 476.150, 476.210 and 476.230.
(8) Special Inspections.
(a) General. In addition to the inspection s authorized elsewhere in this R-
8.005-C , the owner or the engineer or architect of record acting as the owner's agent
shall employ one or more special inspectors who shall provide special inspections
and tests during construction on the types of work specified in these regulations or
the Structural Code. Special inspections are in addition to , not in lieu of, inspections
required to be made by City inspectors .
(b) Special Cases. If, in the opinion of the Building Official, certain work is
unusual in its nature or complexity , involves unusual hazards or conditions, requires
extended observation , or requires technical expertise which is unavailable within
the City, then a special inspection may be required.
(c) Special Inspector. The special inspector shall be a qualified person who
shall demonstrate competence , to the satisfaction of the Building Official , for
inspection of the particular type of construction or operation requiring special
inspection.
(d) Duties and Responsibilities of the Special Inspector.
1. The special inspector shall observe the work assigned for
conformance with the approved construction documents and applicable
provisions of the Structural Code.
Administrative Order -Page 29 of 44
2. The special inspector shall bring all nonconforming items to the
immediate attention of the contractor for correction. If any such
nonconforming item is not resolved in a timely manner or is soon to be
concealed or incorporated into the work, the special inspector shall notify
the engineer or architect of record and the Building Official immediately
and note the item in the special inspector's written report .
3. Any approval of deviations shall be received by the special inspector
directly from the registered design professional or Building Official or
through documentation which bears their stamp or approval. The name of
the person approving any deviations shall be recorded in the inspection
report. Revisions that include redesigning of structural connections,
framing, or components which require engineering design calculations and
drawings shall be submitted to the Building Official for review and
approval. The city field inspector has the discretion to require any revision
to be submitted to the Building Official for review and approval.
4. The special in spector shall complete written inspection reports for
each inspection visit and provide the reports on a timel y basis as determined
by the Building Official. The special inspector shall furnish inspection
reports to the Building Official , the engineer or architect of record , and other
designated persons .
5. The special inspector shall submit a final signed report stating
whether the work requiring special inspection or testing was, to the best of
the inspector's knowledge, in conformance with the approved construction
documents. Items not in conformance, unresolved item s, or any
discrepancies in inspection coverage must be specifically itemized in the
report. Discrepancies in inspection coverage includes missed inspections ,
periodic inspection when continuous inspection was specified , or similar.
6. The special inspector shall be employed by the owner or owner's
authorized agent, other than the contractor. Special inspectors shall not
inspect work performed , or materials supplied, by a contractor, sub-
contractor, or material vendor with whom the inspector is employed. During
the in spection , special inspectors shall not engage in any task(s) which
would interfere with the proper performance of their required duties of
inspection.
(e) Waiver of Special Inspection. The Building Official may waive the
requirement for the employment of a special inspector if the construction is of a
minor nature or as warranted by conditions in the jurisdiction as approved by the
Building Official.
(f) Approved Fabricators. Special inspections required by this section (8) and
elsewhere in these regulations , Chapter 8 of the Eugene Code or the technical code
Administrative Order -Page 30 of 44
shall not be required where the work is done on the premises of a fabricator
registered and approved by the Building Official to perform such work without
inspection. Approval shall be based on a nationally recognized accrediting
authority's review of the fabricator's written fabrication procedures and quality
control manuals that provide a basis for control of materials and workmanship, with
periodic auditing of fabrication and quality control practices . The approval shall be
subject to revocation by the Building Official if it is found that any work done
pursuant to the approval is in violation of the codes. The approved fabricator shall
submit a Certificate of Compliance that the work was performed in accordance with
the approved plans and specifications to the Building Official and to the engineer
or architect of record.
(9) Structural Observation. Structural observation shall be provided where required
by the provisions of the Structural Code or the Building Official.
(a) When structural observation is required , the owner or the owner's
authorized agent shall employ the engineer or architect responsible for the structural
design or another engineer or architect designated by the engineer or architect
responsible for the structural design to perform structural observation as defined in
the Structural Code.
(b) Prior to commencement of structural observations, the structural observer
shall submit to the Building Official a written statement identifying the frequency
and extent of structural observations.
(c) When the required structural observation is complete, the engineer or
architect that performed the observation shall submit a written statement to the
Building Official affirming that the site visits have been made and specifying
whether or not any observed deficiencies have been corrected to conform to the
approved plans and specifications , or to revised details approved by the Building
Official.
(10) Compliance Testing.
(a) The Building Official or the Fire Marshal may require the applicant to
conduct compliance tests , at the applicant's expense , as proof of compliance:
1. When there is insufficient evidence of compliance with any of the
provisions of the technical code or these regulations ;
2. When there is evidence that any material or construction does not
conform to the requirements of the technical code or these regulations; or
3. In order to substantiate claims for alternate materials or methods.
(b) Methods for compliance testing shall be those specified by the technical
Administrative Order -Page 31 of 44
R-8.005-D
code and these regulations or by other recognized test standards. If there are no
recognized and accepted test methods for the proposed alternate, the Building
Official shall determine test procedures.
(c) All compliance tests shall be made by an approved agency.
CONNECTION TO UTILITIES.
(1) Energy Connections. Until approved by the Building Official, no person may
make a connection from a source of energy , fuel or power to any equipment which is
regulated by the technical code:
(a) For which a permit is required;
(b) Which has been disconnected or ordered disconnected by the Building
Official; or
(c) The use of which has been ordered discontinued by the Building Official.
(2) Temporary Connections. The Building Official may authorize the temporary
connection of a building, structure or building service equipment to a source of energy,
fuel or power for the purpose of testing building service equipment, or for use under a
temporary certificate of occupancy.
R-8.005-E CERTIFICATE OF OCCUPANCY.
(1) Use or Occupancy. No person in charge of property shall use or occupy , or shall
cause to be used or occupied, any building or structure, and no change in the existing
occupancy classification of a building or structure or portion thereof shall be made by any
person in charge of property, until the Building Official has inspected the building or
structure or portion thereof as part of the final inspection and has issued a certificate of
occupancy therefor as provided herein .
(2) Change in Use. No person in charge of property shall change the character or use
of a building or cause such a change to be made except as specified in the technical code
and R-8.005-B(l)(d).
(3) Issuance of Certificate. After the Building Official inspects the building or
structure and finds no violations of the provisions of these regulations , Chapter 8 of the
Eugene Code, the technical code , or other laws which are enforced by the Building Official,
the Building Official shall issue a certificate of occupancy which shall contain the
following:
(a) The building permit number.
Administrative Order -Page 32 of 44
(b) The address of the building.
(c) The name and address of the owner.
(d) A description of the building or portion of the building for which the
certificate is issued.
(e) A statement that the described portion of the building has been inspected
for compliance with the requirements of these regulations and applicable parts of
the technical code for the group and division of occupancy and the use for which
the proposed occupancy is classified.
(f) The name of the Building Official.
(g) The occupancy classification of the building or portion thereof.
(h) The classification of the type of construction of the building .
(4) Temporary Certificate. If the Building Official find s that no substantial hazard
will result from occupancy of any building or portion thereof before the same is completed,
the Building Official may issue a temporary certificate of occupancy for the use of a portion
or portions of a building or structure prior to the completion of the entire building or
structure.
(a) A temporary certificate of occupancy shall be valid for a period not to
exceed 30 days from the date of issuance unless a longer period is approved by the
Building Official. After the expiration of a temporary certificate of occupancy and
any extensions thereof as provided in (b ), the building or structure shall not be used
or occupied until the Building Official has approved the building for such use or
occupancy.
(b) Upon request of the owner or owner 's authorized agent in writing and
payment of fees, the Building Official may extend the temporary certificate of
occupancy when it is determined that the circumstances so warrant.
(5) Suspension or Revocation of Certificate. The Building Official may , in writing,
suspend or revoke a certificate of occupancy issued under the provisions of these
regulations and Chapter 8 of the Eugene Code whenever the certificate is issued in error,
or on the basis of incorrect information supplied , or when it is determined that the building
or structure or portion thereof is in violation of any code, ordinance or regulation . The
Building Official may revoke a certificate of occupancy if an addition , alteration , or repair
to a building or portion of a building will cause it to be in nonconformance with any code ,
ordinance, or regulation, and the building or portion thereof may not be reoccupied until a
new certificate of occupancy has been issued.
Administrative Order -Page 33 of 44
(6) Certificate Records to be Kept. A record of all certificates shall be kept on file in
the office of the Building Official. A cop y of the certificate shall be issued upon request.
(7) Transfer of Ownership.
(a) Transfer of Certificate of Occupancy. The owner of every new building ,
structure , or new use established in an existing building pursuant to a change of
occupancy inspection and review or structural permit, and for which a certificate of
occupancy is required , shall not sell, transfer, or grant such property to another
without furnishing and thereby transferring the certificate of occupancy to the
purchaser, transferee , or grantee.
(b) Outstanding Code Violations.
1. No owner of a building or premises or person in charge of property ,
upon whom any permit, notice , or order pursuant to these regulations has
been given in connection with the property shall sell, transfer, or grant such
property to another until:
a. Compliance with the provisions of the permit, notice , or
order has been secured; or
b. The owner or person in charge of property has furnished to
the purchaser, transferee , or grantee , a true copy of the permit,
notice , or order, and at the same time has given adequate notice to
the Building Official of the intent to sell , transfer, or grant, and
supplied the Building Official with the name and address of the
person to whom the sale , transfer , or grant is proposed.
2. A purchaser, transferee , or grante e who has been informed of the
exi stence of an outstanding code violation (permit, notice , or order) shall be
bound thereb y and shall secure a certificate of occupancy.
(8) Issuance or transfer of a certificate of occupanc y shall not be construed as an
approval of a violation of the provision s of these regulations , the technical code, or other
ordinances of the City. Certificates presuming to give authority to violate or cancel such
provisions shall not be valid.
R-8.005-F NUMBERING OF STRUCTURES AND PREMISES. All numbering of
structures and premises shall be done after assignment of a number by the Building Official or
under his or her direction according to the following system:
(1) The numbering of dwellings and business buildings shall be done by providing 100
numbers in each block. On streets running east and west , the odd numbers shall be on the
north side of the street, and the even numbers on the south side of the street. On streets
Administrative Order -Page 34 of 44
running north and south, the odd numbers shall be on the east side of the street, and the
even numbers on the west side of the street.
(2) All numbers used on dwellings and business buildings shall meet the following
criteria:
(a) Be in arabic numerals not less than 2" in height with proportionate width ,
and contrast with the background on which they are mounted.
(b) Be mounted within two feet of the main entrance to the building, provided
that such placement will make them easily visible and readable from the main
approaching street. If not, they must be mounted in a location on the building which
is visible and readable from the main approaching street.
(c) If the building itself is not visible from the main approaching street, the
numbers must be displayed on the building within two feet of the main building
entrance and also at a location which is visible and readable from the main
approaching street and which will adequately direct interested parties to the specific
building involved.
( d) In the case of multiple units , the approach to the complex must be marked
with the address number or range of numbers in accordance with subsections (2)(6)
and (2)( c) above . In addition, each individually numbered unit must have its
number displayed within two feet of its main exterior access door. Suites within
buildings shall be individually numbered in sequential order by floor. Each separate
unit must have its own distinctive identifier, which may be Arabic numerals or
English letters.
(e) Owners of all apartment units, mobile home parks , and other multiple -unit
buildings shall submit or cause to be submitted to the City a legible map indicating
the locations and numbers of all unit s.
(3) No owner, agent or other person having control of a dwelling or busines s building
shall refuse or neglect to permanently number the same prior to the request for a final
building inspection required by Chapter 8 of the Eugene Code or a code or rule adopted
thereunder. (For purposes of this section (3) and section (6), "having control of' includes
a person occupying or utilizing the building or unit under a rent or lease agreement.)
(4) Numbering shall be temporarily installed in compliance with sub sections (2)(a) and
(2)(6) of this section , on any construction site or upon any structure under construction
prior to any call for an inspection required by Chapter 8 of the Eugene Code , or a code or
rule adopted thereunder.
(5) Dwellings and business buildings in annexed areas shall be numbered in accordance
with subsections (2)(a) and (2)(6) and to conform to the city's block numbering system.
Administrative Order -Page 35 of 44
(6) Notice of a proposed address number change by the City shall be provided to the
owner, agent, or other person having control of a dwelling or business building. The notice
shall inform the recipient of the City's intent to change the subject address 30 days from
the date of the notice and the reason for the change. The owner, agent or other person
having control of the dwelling or building shall be given ten days from the date of the
notice to comment in writing on the proposal. The proposed address change shall become
effective 30 days from the date of the notice, unless the City determines from the comments
received in response to the notice that the proposed change does not conform to City
standards or should be delayed for practical reasons. In cases where proposed address
changes are corrected in response to comments, the corrected address shall become
effective as of the effective date of the original notice or a new date established by the City.
It shall be sufficient to show notification that the notice be delivered personally or mailed
by certified mail , restricted delivery , return receipt requested , to the last known address of
the owner or agent, or to the person having control at the address of the affected structure .
(7) The foregoing provisions may be enforced by the Building Official , his /her
designee, the Fire Marshal, his/her designee, police officers , or police community service
officers. Failure to comply may be result in imposition of an administrative civil penalty in
accordance with section 2.018 of the Eugene Code.
R-8.005-G PROTECTION OF ADJOINING PROPERTY. Adjoining public and private
property shall be protected from damage during construction , remodeling , and demolition work.
Protection shall be provided for footings , foundations , exterior walls , party walls , chimneys ,
skylights , and roofs. Provisions shall be made to control water runoff and erosion during
construction or demolition activities in accordance with sections 6 .625 through 6.645 of the
Eugene Code . The person making or causing an excavation to be made shall provide written notice
to the owners of adjoining buildings advising them that the excavation is to be made and that the
adjoining buildings should be protected. Said notification shall be delivered not less than 10 days
prior to the scheduled starting date of the excavation.
R-8.005-H PROTECTION OF PEDESTRIANS. Where a sidewalk, alley , or other
pedestrian way is located proximate to construction, pedestrians shall be protected during
construction activities as required by this R-8.005-H and the following Table.
PROTECTION of PEDESTRIANS
HEIGHT OF DISTANCE FROM CONSTRUCTION TO TYPE OF PROTECTION
CONSTRUCTION SIDEWALK , ALLEY, OR OTHER REQUIRED
PEDESTRIAN WAY
Less than 5 feet Construction railings
8 feet or less
5 feet or more None
Administrative Order -Page 36 of 44
Less than 5 feet Barrier and covered
walkway
5 feet or more, but not more than one-fourth the Barrier and covered
height of construction walkway
More than 8 feet 5 feet or more, but between one-fourth and one-Barrier half the height of construction
5 feet or more, but exceeding one-half the height None of construction
(1) Construction Railings. Construction railings shall be not less than 42 inches in
height and shall be sufficient to direct pedestrians around construction areas.
(2) Barriers. Barriers shall be not less than 8 feet in height and shall be placed on the
side of the walkway nearest the construction. Barriers shall extend the entire length of the
construction site. Openings in such barriers shall be protected by doors that are normally
kept closed.
(3) Barrier Design. Barriers shall be designed to resist loads required in the Structural
Code unless constructed as follows:
(4)
(a) Barriers shall be provided with 2-inch by 4-inch top and bottom plates.
(b) The barrier material shall be boards not less than ¾-inch thick or wood
structural panels not less than ¼-inch thick.
(c) Wood structural use panels shall be classified Exposure 1 unless protected
from the weather.
( d) Wood structural use panels ¼ inch or 5/16 inch in thickness shall have studs
spaced not more than 2 feet on center.
(e) Wood structural use panels 3/8 inch or½ inch in thickness shall have studs
spaced not more than 4 feet on center provided that a 2-inch by 4-inch stiffener is
placed horizontally at mid-height where the stud spacing is greater than 2 feet on
center.
(f) Wood structural use panels 5/8 inch or thicker shall not span over 8 feet.
Covered Walkways.
(a) Covered walkways shall have a clear height of not less than 8 feet as
measured from the floor surface to the canopy overhead.
Administrative Order -Page 37 of 44
(b) Adequate lighting shall be provided at all times .
(c) Covered walkways shall be designed to support all imposed loads. The
design live load shall be not less than 150 psf for the entire structure, except that
covered walkways for new, light-frame construction not exceeding two stories
above grade plane are permitted to be designed for a live load of 75 psf or the loads
imposed on them , whichever is greater.
(5) Repair, Maintenance, and Removal. Pedestrian protection required by this
chapter shall be maintained in place and kept in good order for the entire length of time
pede str ian s are subject to being endangered. The owner or the owner's authorized agent,
on completion of the construction activity, shall immediately remove walkways, debris,
and other obstructions, and leave public property in as good a condition as it was before
suc h work was commenced .
(6) Adjacent to Excavations. Every excavation on a site located 5 feet or less from
the street lot line shall be enclosed with a barrier not less than 6 feet in height. Where
located more than 5 feet from the street lot line, a barrier shall be erected where required
by the Building Official. Barriers shall be of adequate strength to resist wind pressure as
specified in the Structural Code.
R-8.005-1 FEES.
(1) General. Fees for permits , plan review, investigations, inspections , reinspections ,
appeals and other services authorized by these regulations, Chapter 8 of the Eugene Code,
and the technical code are set pursuant to administrative orders issued under authority of
section 2.020 of the Eugene Code.
(2) Fee Refunds. Upon written application made by the original permittee and not
more than 180 days after the date the subject fee was paid , the Building Official may
authorize the refunding of any fee paid hereunder if:
(a) The fee was erroneously paid or collected ;
(b) The refund is for a permit fee , the refund is for no more than 80 percent of
the permit fee paid , and no work has been done under the permit is sued ; or
(c) The refund is for a plan review fee , the refund is for no more than 80 percent
of the plan review fee paid , and an application for a permit for which a plan review
fee has been paid was withdrawn or canceled before the City conducted any plan
review.
Administrative Order -Page 38 of 44
R-8.005-J ENFORCEMENT.
(1) Enforcement Generally. The Building Official is hereby authorized to enforce all
provisions of these regulations and the technical code, other than the Fire Code. The Fire Marshal
is hereby authorized to enforce all provisions of the Fire Code.
(2) Notification of Violations. Upon finding a violation of any provision of these
regulations , Chapter 8 of the Eugene Code, or the technical code , the Building Official or Fire
Marshal shall notify, in writing, the occupant or owner of the building or premises. Enforcement
action authorized below may be taken as part of the notice , or separately. Any person receiving a
notice of violation shall correct the violations within the time specified in the notice.
(3) Reinspection. In addition to other enforcement actions taken, the Building Official
or Fire Marshal may set a time and date for a reinspection to determine whether the identified
violations have been corrected.
(4) Stop Work Order.
(a) The Building Official may order that work be stopped whenever the
Building Official determines that any work is being done contrary to provisions of
these regulations , Chapter 8 of the Eugene Code, or the technical code, or the
Building Official has probable cause to believe that those regulations or any other
provision of the Eugene Code, are being violated in connection with the project of
which the work being performed is a part. The Building Official shall order the
work be stopped by posting a written notice on the project or by serving the notice
on any person doing or causing such work to be done.
(b) After such notice as been posted or served, any such person shall
immediately stop such work until authorized by the Building Official to proceed.
(5) Stop Use Order.
(a) The Building Official or Fire Marshal may order that a use be discontinued
and the structure , premises or portion thereof, be vacated whenever the Building
Official or Fire Marshal determines that any building, structure or premises is being
used contrary to the provisions of a technical code. The Building Official or Fire
Marshal may order the use be stopped and/or the premises be vacated by serving a
notice on any person causing such use to be continued.
(b) Whenever the Building Official or Fire Marshal determines that any
equipment or system, or portion thereof, regulated by any technical code has
become hazardous to life , health or property, the Building Official or Fire Marshal
shall order that such equipment either be removed or restored to a safe or sanitary
condition, as appropriate. The Building Official or Fire Marshal shall order the
removal or repair of the equipment or system by serving a notice on any person
causing the use of such equipment or system to be continued. The notice shall fix a
Administrative Order -Page 39 of 44
(6)
time limit for compliance with such order.
(c) After receiving such notice, no person shall use or occupy a building or
premises, or use or maintain the defective equipment or system, until authorized by
the Building Official or Fire Marshal to proceed.
Abatement of Dangerous Buildings.
(a) No person in charge of property upon which a dangerous building exists
shall knowingly suffer or permit such building or unsafe appendage to be or remain
dangerous for more than ten days after receipt of notice of the dangerous condition.
(b) Definition. For the purpose of this section (6), the term "dangerous
building" shall mean any of the following:
1. Any structure, building , or portion thereof, or any building service
equipment which is determined by the Building Official or Fire Marshal to
be deficient in terms of life safety, including but not limited to, inadequate
exit way facilities. The term inadequate exit way facilities, for the purpose
of this section (6), shall mean exit facilities which did not conform with all
applicable laws at the time of their construction, which have not been
properly maintained in good condition, or which have not been properly
modified to cope with any increase in any occupant load , any alteration or
addition to the building, or change in occupancy of the building.
2. Any structure, building, or portion thereof, which, because of
improper construction, damage, structural weakness, or deterioration by
reason of age, or for the lack or want of maintenance and proper repair, is
structurally uns o und and which could lead to its partial or entire collapse so
as to endanger other properties or human life. These conditions may include,
in addition to others:
a. Deteriorated or inadequate foundations;
b. Defective or deteriorated flooring or floor supports;
c. Flooring or floor supports of in sufficient size to safely carry
imposed load s;
d. Members of walls, partitions or other vertical supports that
split, lean , list or buckle due to defective materials , methods of
construction or deterioration;
e. Members of walls, partitions or other vertical supports which
are of insufficient size to safely carry imposed load s;
Administrative Order -Page 40 of 44
f. Members of ceilings , roofs , ceiling and roof supports or
other horizontal members which sag , split or buckle, or which are of
insufficient size to safely carry imposed loads;
g. Members of ceilings, roofs , ceiling and roof supports or
other horizontal members which sag, split or buckle , due to
defective material , methods of construction or deterioration;
h. Fireplaces or chimneys which list , bulge or settle , due to
defective material , methods of construction or deterioration; or
i. Fireplaces or chimneys which are of insufficient size or
strength to safely carry imposed loads.
3. Any portion of a building , or structure or building service equipment
which, because of improper construction, deterioration , improper
installation, damage , or for the want of proper repairs , such as defective
wiring or equipment, defective gas connection , defective heating apparatus ,
defective chimney , or for an y other cause or reason , is especially liable to
cause fire , electrical shock, or asphyxiation.
4. Any building, structure, or portion thereof, containing any
combustible or explosive material , wood, paper , trash , rubbish , rags , waste ,
oils , gasoline , or flammable substance of any kind especially liable to cause
fire or damage to the premises or human life , and which is not maintained
in accordance with law.
5. Any building , structure , or portion thereof, which is maintained in a
filthy or unsanitary condition, such as through an accumulation of garbage ,
human or animal waste , decaying animal or vegetable matter, wood , paper,
trash , rubbish or debris in such a manner so as to attract rodents or be
unhealthful and especially liable to cause a spread of fire or contagious or
infectious disease.
6. Any building, structure, or portion thereof, which has not been
provided with the fire-resistive construction or fire-extinguishing systems
or equipment required by law , or, if built with fire-re s istive construction and
fire-extinguishing systems or equipment, has not been properly maintained
or improved to comply with any increase in occupant load , any alteration or
addition to the building , or any change in occupancy of the building .
7. Any building or structure which contains an y combination of unsafe
conditions or items , including open and abandoned buildings, which could
endanger other property or human life.
Administrative Order -Page 41 of 44
(c) Whenever the Building Official or Fire Marshal is of the opinion that there
is a dangerous building , he /she shall post upon each exit of the building a notice
which:
1. Declares the building unsafe;
2. Prohibits entry;
3. Describe s the property by address;
4. Informs the owner, occupant or other responsible person that the
un safe conditions must be remedied within a set period of time , or that the
City may proceed to make the building safe or demolish the building and
charge the cost to the owner; and
5. States that the determination that the building is a dangerou s
building can be appealed within ten days from the date of posting.
(d) In addition to posting the dangerous building, the Building Official or F ire
Marshal shall send a copy of the posting to all perso ns identified by the records of
the County Department of Assessment and Taxation as the owners of the property
and notify them of the emergency and the conditions which necessitated the
determination and posting. The notice shall be perso nally served or se nt by certified
mail no later than two working days following the date of posting.
(e) No person shall remain in or enter any building which has been posted as
dangerous , except that entry may be made to repair, demolish, or remove such
building under permit. No person shall remove or deface any such notice after it is
posted until the required repairs , demolition , or removal have been completed and
a certificate of occupancy iss ued by the Building Official.
(f) E ither an owner or tenant of the property may appeal the notice and posting
to a hearings official as prov ided in s ubsection 8.005(25) of the Euge ne Code. In
addition to the other authority delegated to the hearings official , the hearing s
official may order the building removed and abated if in his /her judgment such
removal or abatement is nece ssary in order to remove the dangerous condition. The
hearings official also shall have the power to order the building made safe or to
pre sc ribe what acts must be done to render the same safe.
(g) Ever y building o r part thereof which is found to be a dangerous building is
declared to be a public nuisance , and the same may be abated either summarily
under section 6.110 of the Eugene Code or through the procedures specified in this
sect ion (6), or by a s uit for abatement thereof brought in a court of competent
jurisdiction .
Administrative Order -Page 42 of 44
(7) Utility Disconnect.
(a) The Building Official or Fire Marshal may disconnect any utility service or
energy supplied to any building, structure or building service equipment therein
where necessary to eliminate an immediate hazard to life or property , where work
has been performed without a required permit, where work is being done in
violation of any provision of these regulations , or where the building is being
occupied in violation of Chapter 8 of the Eugene Code , codes or rules adopted
thereunder, or these regulations.
(b) If possible, the Building Official or Fire Marshal shall notify the serving
utility and the owner and occupant of the building , structure or building service
equipment of the decision to disconnect prior to taking such action.
(c) The Building Official or Fire Marshal shall provide written notice of such
disconnection to the serving utility and the owner and occupant of the building,
structure or building service equipment immediately after the disconnection .
(d) The Building Official or Fire Marshal shall post a notice on the premises in
a manner to reasonably apprise those coming on the property of the disconnection .
(e) It is unlawful for any person to remove the notice of disconnection or to
reconnect prior to the Building Official or Fire Marshal authorization to reconnect
the utility service, which shall be granted when the Building Official or Fire
Marshal is satisfied the condition which led to the disconnection will be
expeditiously corrected or is corrected.
(8) Site Hazards. Whenever the Building Official determines that any ex1stmg
grading , retaining wall, or geologic condition on private property has become a hazard to
life and limb, or endangers property , or adversely affects the safety , use or stability of a
public way or drainage channel , the owner of the property upon which the grading is
located , upon receipt of notice in writing from the Building Official, shall within the period
specified therein mitigate the hazard. The Building Official may require that plans and
specifications and engineering reports be prepared in compliance with this section.
(9) Administrative Civil Penalty. The Building Official or Fire Marshal may impose
an administrative civil penalty pursuant to section 2.018 of the Eugene Code and
regulations adopted thereunder.
Administrative Order -Page 43 of 44
_M:
AB
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(10) Enforcement Mechanisms Non-Exclusive. No enforcement mechanism is
exclusive. The Building Official or Fire Marshal may employ one or more of the
enforcement mechanisms authorized above or elsewhere in the Eugene Code.
Dated and effective this 12
M
Matt Rodrigues
day of August, 2026.
Jennifer D. Haruyama
City Manager
Administrative Order -Page 44 of 44
ADMINISTRATIVE 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 E nforcement 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 issue s 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