Chapter 15.10
PERMITS
Sections:
15.10.010 Permits – Generally.
15.10.020 Application for a building permit.
15.10.030 Submittal documents.
15.10.050 Deferred submittals and phased construction.
15.10.060 Retention of plans, permits and documentation.
15.10.080 Expiration of plan review application.
15.10.120 Suspension/revocation.
15.10.010 Permits – Generally.
It is unlawful for any person, firm or corporation to engage in any work, conduct, or activity for which a permit, certificate, label, or other formal authorization is required by this title or other regulation without first obtaining such permit, certificate, label, or other formal authorization. Permits are required for any work that is regulated under the state building code as per ORS Chapter 455 and the rules adopted thereunder, as well as any work, activity, use, or review required by any code, policy, or procedure within this jurisdiction that is enforced by the building official, which may include occupancy reclassifications, grading, signs, demolition, new parking lots, regrading and parking lot resurfacing/striping, or land use activity regulated by the Rogue River Municipal Code or development code. [Ord. 23-418-O § 128 (Exh. A-3)].
15.10.020 Application for a building permit.
To obtain a permit, the applicant shall first apply to the city of Rogue River building division. Every such application shall:
A. Identify and describe the work to be covered by the permit for which application is made;
B. 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;
C. Indicate the use or occupancy for which the proposed work is intended;
D. Be accompanied by plans, diagrams, computations and specifications, and other data as required in this chapter;
E. State the valuation of any new building or structure, or any addition, remodeling, or alteration to an existing building;
F. Be signed by the owner, or the owner’s authorized agent;
G. Provide plans showing all rights-of-way, setbacks, easements, covenants, and other such interests in the land that may be impacted by construction; and
H. Give such other data and information as may be required by the building official. [Ord. 23-418-O § 128 (Exh. A-3)].
15.10.030 Submittal documents.
A. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs, and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. The building official may require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law.
B. The building official may waive the submission of plans, calculations, construction inspection requirements, and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this title. [Ord. 23-418-O § 128 (Exh. A-3)].
15.10.040 Permit issuance.
A. The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the building official or his/her designee. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of this title and the technical codes and other pertinent laws and ordinances, and that the applicable fees have been paid, the building official shall issue a permit therefor to the applicant.
B. When the building official issues a permit where plans are required, the building official shall endorse in writing or stamp the plans and specifications “REVIEWED.” Such plans and specifications shall not be changed, modified, or altered without authorization from the building official, and all work regulated by this title shall be done in accordance with the approved plans. [Ord. 23-418-O § 128 (Exh. A-3)].
15.10.050 Deferred submittals and phased construction.
A. Deferred submittal of plans and phased construction may be permitted, subject to the approval of the building official, when the deferred submittals or phasing of construction is not likely to result in mistakes, faulty construction, or violation of any local or state codes or laws. Requests for deferred submittals must be in writing, noted on the construction documents and noted on the deferred submittal form. Construction associated with phased, partial, or deferred submittals and permits shall be done at the permit holder’s risk.
B. The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this title. If the holder of a partial permit elects to proceed, he/she shall do so without assurance that the permit for the entire building or structure will be granted.
Additional costs for partial permits and/or deferred submittals shall be in accordance with the fee schedule and charged to the permit applicant at the time of initial permit issuance. [Ord. 23-418-O § 128 (Exh. A-3)].
15.10.060 Retention of plans, permits and documentation.
One set of approved plans, specifications, computations, and permits shall be retained by the building official and shall be stored and retained as required by the State Archivist. One set of approved plans and specifications shall be returned to the applicant, and said set shall be kept in good order and in clean, legible condition on the site of the building or work at all times, and available to the inspector, during which the work authorized thereby is in progress. If the applicant needs additional copies of approved plans, the building official may review and approve additional copies, charging the applicant the review cost plus overhead charges for providing the additional plan copies. [Ord. 23-418-O § 128 (Exh. A-3)].
15.10.070 Validity of permit.
A. The issuance of a permit or approval of plans, specifications, and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this title or of any other code of the jurisdiction, or any other federal, state, or local law, statute, rule, regulation, or code. Permits presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.
B. The issuance of a permit based on plans, specifications, and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications, and other data, requiring additional engineering data, or from preventing building operations being carried on thereunder when in violation of this title or of any other codes of this jurisdiction. [Ord. 23-418-O § 128 (Exh. A-3)].
15.10.080 Expiration of plan review application.
Applications for which no permit is issued within 180 days following the date of the application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or discarded by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once, unless expressly authorized by the building official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. When an applicant applies for concurrent plan review, the applicant assumes the responsibility and risk of obtaining all approvals required by other departments within the 180-day period. [Ord. 23-418-O § 128 (Exh. A-3)].
15.10.090 Permit expiration.
A. Every permit issued by the building official, under the provisions of this title and the technical codes, shall expire by limitation and become null and void 180 days from the date of such permit issuance if the building or work authorized by such permit is not commenced, or pursuant to any time limits designated by conditions of approval, or after the building or work authorized by such permit is suspended or abandoned for 180 consecutive days at any time after the work is commenced. The work shall not be considered suspended or abandoned where the permittee has pursued activities deemed by the building official to indicate the intent to start and complete the project. The building official may require the permittee to document these activities.
B. Any permittee holding an unexpired permit may apply to the building official for an extension of the time within which work is to be completed under that permit when the permittee is unable to complete work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented work from being completed. No permit shall be extended more than once, unless expressly authorized by the building official.
C. Where a permit has expired, the permit may be reinstated and the work authorized by the original permit can be recommenced, provided the original permit expired less than one year from the request to reinstate.
D. The fee for a reinstated permit shall be one-half the amount required for a new permit plus any costs incurred as a result of investigations. Where the request for reinstatement does not comply with the preceding criteria, a new permit, at full permit fees and review, shall be required. [Ord. 23-418-O § 128 (Exh. A-3)].
15.10.100 Investigation.
A. Whenever any work for which a permit is required by this title or the technical codes has been commenced without first obtaining said permit, an investigation shall be made before a permit may be issued for such work. This investigation is subject to the fees described below, and may or may not result in a penalty.
B. The building official may require an investigation in order to ascertain whether a party is in possession of a state license, and/or is in compliance with other state-mandated requirements.
C. Unless waived by the building official, an investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The amount of the investigation fee shall be in accordance with the fee schedule. [Ord. 23-418-O § 128 (Exh. A-3)].
15.10.110 Not transferable.
A permit issued to one person or firm is not transferable and shall not permit any other person or firm to perform any work thereunder unless specifically requested by the owner, in writing, and approved by the building official. Electrical permits are not transferable. [Ord. 23-418-O § 128 (Exh. A-3)].
15.10.120 Suspension/revocation.
The building official may, in writing, suspend or revoke a permit issued under the provisions of this title and the technical codes whenever the permit is issued in error on the basis of incorrect information supplied, or if its issuance, or activity thereunder, is in violation of any state or local statute, code, or regulation, or if the permittee violates any term or condition of the permit or this title. [Ord. 23-418-O § 128 (Exh. A-3)].