Chapter 15.04
CITY OF LINCOLN CITY BUILDING CODE
Sections:
15.04.050 Alternate materials and methods.
15.04.080 Powers and duties of the building official.
15.04.090 Construction documents and permits.
15.04.110 Construction codes adopted.
15.04.115 Optional local amendments to adopted codes.
15.04.120 Construction-related codes adopted.
15.04.130 Building official authority to impose civil administrative penalty.
15.04.150 Violations – Penalties – Remedies.
Prior legislation: Ords. 2010-01, 2014-17 and 2020-01.
15.04.010 Title.
These regulations shall be known as the “City of Lincoln City Building Code,” may be cited as such and will be referred to herein as “this code.” (Ord. 2021-08 § 1)
15.04.020 Purpose.
The purpose of this title is, consistent with available resources, to establish uniform performance, minimal standards, enforcement procedures, and administrative standards in order to provide reasonable safeguards for the health, safety, welfare, comfort and security of the residents of this jurisdiction, and to provide for the use of modern methods, devices, materials, techniques, practicable maximum energy conservation standards, and fire and life safety features in the construction and use of structures. (Ord. 2023-01 § 1; Ord. 2021-08 § 1)
15.04.030 Scope.
A. This code shall apply to new and existing construction and premises, and construction-related activities including, but not limited to, installation of: mechanical, energy, grading, accessibility (disability access), alteration, moving, demolition, repair, maintenance, fire and life safety, and work associated with any building, structure, premises, property, or license regulated by this title, mandated under any of the Oregon Specialty Codes, rules, or statutes, and/or regulated by various other codes of the city of Lincoln City, including zoning or land use regulations. The city of Lincoln City enforces the State Building Code as per ORS Chapter 455 and the rules adopted thereunder.
B. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern, except in cases where the minimum/maximum provisions of the State Building Code apply. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
C. Notwithstanding the above, demolition of buildings and structures is addressed in Chapter 15.06 LCMC, and moving of buildings is addressed in Chapter 15.12 LCMC. (Ord. 2023-01 § 2; Ord. 2021-08 § 1)
15.04.040 Definitions.
In addition to the definitions provided in the applicable building codes, for the purpose of this chapter, the following definitions shall apply:
“Agency” shall mean the Lincoln City building department.
“Approved” means approved by the building official.
“Building code hearings officer” shall mean a qualified employee designated to hear appeals of decisions of the contract building official.
“Building official” shall mean the Lincoln City contract building official or deputy thereof, with powers granted by ORS 455.153.
“Building service equipment” means all support systems/equipment such as piping, ducts, vents, and other components of systems other than portable appliances that are permanent in place to serve the building.
“Certificate of occupancy” means a certificate of approval issued by the building official, as required by the applicable code, after all provisions of the building code, laws, codes and conditions of approval enforced by the building official are met for a building intended for occupancy.
“Contract building official” means an owner, manager or employee of a person that the director of the state of Oregon Department of Consumer and Business Services has licensed to perform specialty code inspections and plan reviews under ORS 455.457 and that engages in the business of providing the services described in ORS 455.148(3) and 455.150(3) to one or more municipalities to which the director of the state of Oregon Department of Consumer and Business Services has delegated a building inspection program. (See OAR 918-020-0015(2).)
“Discretionary decision” means a decision on whether to waive a plan review, an inspection, or a provision of the State Building Code; or to allow an alternative material, design, or method of construction. (See Per OAR 918-020-0015(4).)
“Enforcement action” means an action in which an order to correct has been issued, or which seeks or results in a civil penalty.
“Imminent danger” or “imminent hazard” means a condition which could cause serious or life threatening injury or death at any time.
“Nonconforming” means any building, premises, or structure which lawfully existed prior to the effective date of the ordinance codified in this code, but which, due to the requirements adopted herein, no longer complies with one or more provisions of this code.
“Operating plan” means a state-mandated document, as required by OAR 918-020-0080, created and maintained by the building official, that outlines policies, procedures, rules, timelines, hours of operation, and general administrative procedures describing the operation of the building division.
“Public way” means any street, alley, or similar piece of land essentially unobstructed from the ground to the sky, which is deeded, dedicated, or otherwise permanently appropriated to the public for public use.
“Qualified employee” is an individual that the municipality employs and has been designated to ratify or disapprove a contract building official’s discretionary decisions (OAR 918-020-0015(7)).
“State Building Code” means all of the combined specialty codes together, including the electrical, plumbing, and mechanical codes, as provided in ORS 455.010(8). (Ord. 2023-01 § 3; Ord. 2022-04 § 1; Ord. 2021-08 § 1)
15.04.050 Alternate materials and methods.
A. The provisions of this code are not intended to prevent the use of any alternate material, design or method of construction not specifically prescribed by this code, provided such alternate material, design, or method has been approved and its use authorized by the building official.
B. The building official may approve any such alternate material, design or method, provided the building official finds that the proposed material, design or method complies with the provisions and intent of this code and that it is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.
C. The building official may require that evidence or proof be submitted to substantiate any claims that may be made regarding the use of such alternate material, design, or method. The details of any approval of any alternate material, design or method shall be entered in the files of the city. (Ord. 2023-01 § 4; Ord. 2021-08 § 1)
15.04.060 Modifications.
When there are practical difficulties in carrying out the provisions of the technical codes or this code, the building official may grant modifications for individual cases, provided the building official finds that the modification is in conformance with the intent and purpose of the technical codes or this code and that said modification does not lessen any health, life safety, or fire-protection requirements, nor any degree of structural integrity. The details of any approved modification shall be entered in the files of the city. (Ord. 2023-01 § 5; Ord. 2021-08 § 1)
15.04.070 Tests.
A. Whenever there is insufficient evidence of compliance with the provisions of this code or the technical codes, or that any material, method or design does not conform to the requirements of this code or the technical codes, the building official may require tests or engineering reports as proof of compliance to be made at no expense to this jurisdiction.
B. Test methods shall be as specified by this code, the technical codes, 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 tests shall be made by a testing agency approved by the building official. The building official shall retain reports of such tests for the period required for the retention of public records. (Ord. 2023-01 § 6; Ord. 2021-08 § 1)
15.04.080 Powers and duties of the building official.
A. General.
1. There is hereby established an agency which shall be under the administrative and operational control of the building official.
2. The building official is authorized to enforce all the provisions of this code.
3. The building official shall have the power to render written and oral interpretations of this code and to adopt and enforce administrative procedures in order to clarify the application of its provisions. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of this code.
B. Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint technical officers and inspectors and other employees to carry out the functions of the agency.
C. Right of Entry. When it may be necessary to inspect to enforce the provisions of this code, or the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to, in violation of this code or which otherwise makes the building or premises unsafe, dangerous or hazardous, the building official, in accordance with administrative policy, may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by Oregon law, including but not limited to administrative warrant, to secure entry.
D. Stop Work Orders.
1. Whenever any work is being done contrary to the provisions of this code (or other pertinent laws or ordinances implemented through its enforcement), the building official may order the work stopped by notice in writing served on any person(s) engaged in the doing or causing of such work to be done. Such person(s) shall stop such work until specifically authorized by the building official to proceed thereafter.
2. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties of LCMC 15.04.150.
E. Authority to Disconnect Utilities in Emergencies. The building official or the building official’s authorized representative shall have the authority to disconnect fuel-gas utility service, and/or other energy supplies to a building, structure, premises or equipment regulated by this code when necessary to eliminate an immediate hazard to life or property. The building official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection within a reasonable time thereafter.
F. Authority to Abate Hazardous Equipment.
1. When the building official ascertains that equipment, or any portion thereof, regulated by this code has become hazardous to life, health or property, the building official shall order the equipment either removed from its location or restored to a safe and/or sanitary condition, as appropriate. The notice shall be in writing and contain a fixed time limit for compliance. Persons shall not use the defective equipment after receiving the notice.
2. When equipment or an installation is to be disconnected, written notice of the disconnection (and causes therefor) shall be given within 24 hours to the involved utility, the owner and/or occupant of the building, structure or premises. When equipment is maintained in violation of this code and in violation of a notice issued pursuant to the provisions of this section, the building official may institute such action as deemed necessary to prevent, restrain, correct or abate the violation.
G. Connection After Order to Disconnect. No person shall make a connection to or from an energy, fuel or power supply to any equipment regulated by this code which has been disconnected or ordered disconnected or discontinued by the building official until the building official specifically authorizes the reconnection and/or use of such equipment.
H. Occupancy Violations. Whenever any building, structure or equipment therein regulated by this code is used contrary to the provisions of this code, the building official may order such use discontinued and the structure (or portion thereof) vacated. All persons using the structure (or portion thereof) shall discontinue the use within the time prescribed by the building official in the notice and make the structure, or portion thereof, comply with the requirements of this code. Structures that are altered, modified, or repaired without the benefit of permits, for purposes of adding rooms for tenants, shall be considered as occupancy violations and subject to the penalties of LCMC 15.04.150. (Ord. 2021-08 § 1)
15.04.090 Construction documents and permits.
A. 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 code 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, or regrading and parking lot resurfacing/striping.
B. Application for a Building Permit. To obtain a permit, the applicant shall first apply to the city of Lincoln City building division through the electronic permitting system.
C. Submittal Documents.
1. Plans, specification, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs, and other data shall constitute the submittal documents and shall be uploaded in PDF form with each application for a permit. When such plans are not prepared by a licensed architect or licensed 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 licensed engineer. The building official may require plans, computations, and specifications to be prepared and designed by an architect or engineer licensed by the state to practice as such, even if not required by state law.
2. 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 code.
D. Permit Issuance.
1. The application, plans, specifications, computations, and other data filed by an applicant for permit shall be reviewed by the building official or designee. Such plans shall be reviewed by other departments of this jurisdiction and North Lincoln Fire and Rescue District No. 1 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, specification, and other data filed therewith conform to the requirements of this code 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.
2. 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 code and the technical codes shall be done in accordance with the approved plans.
E. Deferred Submittals and Phased Construction.
1. 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 made in writing and noted on the construction documents. Construction associated with phased, partial, or deferred submittals and permits shall be done at the risk of the permit holder, applicant, and property owner.
2. 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, they shall do so without assurance that the permit for the entire building or structural will be granted.
3. Additional costs for partial permits and/or deferred submittals shall be in accordance with the fee schedule and charged to the applicant at the time of initial permit issuance.
F. 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 by the jurisdiction as required by the State Archivist. The applicant shall be responsible for keeping one approved set of plans and specifications 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. Such set shall be kept in good order and in clean, legible condition.
G. Validity of Permit.
1. 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 code 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 other codes or ordinances of the jurisdiction shall not be valid.
2. 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 code or of any other codes of this jurisdiction.
H. Expiration of Application for a Permit. 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 be 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 submit plans again through the electronic permitting system and pay a new plan review fee. When an applicant applies for concurrent review, the applicant assumes the responsibility and risk of obtaining all approvals required by other departments or jurisdictions within the 180-day period.
I. Permit Expiration.
1. Every permit issued by the building official, under the provisions of this code 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.
2. 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.
3. 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.
4. 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.
J. Investigation.
1. Whenever any work for which a permit is required by this code 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.
2. 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.
3. 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 jurisdiction’s adopted fee schedule.
K. 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 property owner, in writing, and approved by the building official.
L. Suspension/Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this code 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 code. (Ord. 2023-01 § 7; Ord. 2021-08 § 1. Formerly 15.04.100)
15.04.100 Inspections.
A. Inspections – Generally.
1. Construction or work for which a permit is required shall be subject to inspection by the building official and the 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 or continuous inspection as specified in the State Building Code.
2. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code, the technical codes, or of other ordinances or codes of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code, the technical codes, or of other ordinances or codes of the jurisdiction shall not be valid.
3. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes and shall ensure that the reviewed construction documents are on site and available for the inspector. Neither the building official nor this jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
4. A survey of the site may be required by the building official to verify that the structure is located in accordance with the approved plans.
B. Inspection Requests.
1. It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection, and to make provision for access during normal business hours. Inspection requests shall be requested at least one working day before such inspection is desired and in accordance with the specific times described in the operating plan.
2. It shall be the duty of the person requesting any inspections required by this code to provide safe access to and means for inspection of such work, including any and all required special equipment, tools, ladders, belts, clothes, or other protective equipment or devices.
3. It shall be the duty of the permit holder or authorized agent to request all inspections that may be necessary, or otherwise required, in a timely manner, to provide access to the site, and to provide all equipment as may be deemed necessary or appropriate by the building official. The permit holder shall not proceed with construction activity until authorized to do so by the building official.
C. Inspections Required.
1. 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 and test purposes until approved by the building official. The address must be posted. No work shall be covered until approved and signed off for that stage of the project or work.
2. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes including providing any necessary ladders, walkways, lighting, carpet runners for protection of carpet or other equipment necessary for safe access and inspection. Neither the building official, deputies nor the jurisdiction shall be liable for expense entailed in the removal, cleaning, or replacement of any equipment or material required to allow inspection.
3. Inspection and approval by the building official is not to be construed as relieving the permit holder of his/her responsibility to correct any deficiencies that are later discovered, even though they may have existed at the time of the original inspection and approval.
D. Reinspections.
1. A reinspection fee, in accordance with the fee schedule, 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.
2. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, when the address for the site is not posted, or for deviating from plans requiring the approval of the building official.
3. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid, unless authorized by the building official.
E. Other Inspections. In addition to the called inspections specified above, the building official may make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws which are enforced by the city.
F. Special Inspections and Structural Observations. Special inspections and structural observations shall be conducted as required by the State Building Code. Additional special inspections and/or structural observations may be determined necessary and required by the building official. Special inspectors are required to be approved by the building official prior to any inspections. All special inspections shall be conducted prior to the regular and corresponding city inspection. It shall be the responsibility of the permit holder to ensure that the results of the special inspection are made available to the building official and the city inspector at the job site prior to, and at the time of, the city inspection.
G. Approval Required.
1. 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 that that portion of the construction is satisfactory as completed, or shall notify the permit holder, or an agent of the permit holder, wherein the same fails to comply with this title. Any portions which do not comply shall be corrected and such portion(s) shall not be covered or concealed until authorized by the building official.
2. Unless an alternate method of notification is approved by the building official, the form of notification shall be a minimum of a written notice left at the job site. Any work that does not comply with this code and/or the technical codes shall be corrected and such work shall not be covered or concealed until authorized by the building official.
3. Prior to occupancy, there shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.
H. Certificate of Occupancy.
1. Except for work exempt from permits and residential accessory buildings, no building or structure shall be used or occupied, and no change in the existing character, use, or occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy.
2. The certificate of occupancy for buildings other than single-family dwellings and U occupancies shall be posted in a conspicuous place and shall not be removed except by the building official.
3. In cases where there are outstanding corrections and/or deficiencies that do not present a hazard or immediate public concern, or where no outstanding corrections exist, the building official may grant a partial and/or temporary certificate of occupancy upon request. When granting a temporary certificate of occupancy, the building official shall provide the permit holder with conditions and time restrictions for compliance and final approval. The fee for partial and/or temporary certificate of occupancy shall be in accordance with the fee schedule.
4. Upon failure to obtain final approval and a certificate of occupancy, when applicable, and/or upon the expiration of the permit, the building official, in addition to other remedies, may file a notice of noncompliance with the county recorder. To remove the notice, proof of compliance must be provided and all enforcement costs, recording costs, and filing costs determined by the building official must be paid by the permit holder.
5. Changes in the character or use of a building shall not be made except as specified in the building code.
6. Issuance of a certificate of occupancy shall not be construed as an approval of a violation to the provisions of this code or of other city ordinances. The building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this title when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure, or portion thereof, is in violation of an ordinance, regulation, or the provisions of this title.
I. Proceeding Without Inspection or Approval. Work performed without approval shall be required to be exposed for inspection, and any costs due to damage, such as the repair to sheetrock, masonry, concrete, siding, and any investigation or penalties shall be the responsibility of the permittee and/or owner. (Ord. 2023-01 § 8)
15.04.110 Construction codes adopted.
The city of Lincoln City adopts, administers, and enforces the Oregon State Building Code, including all specialty codes, as promulgated by the Director of the Oregon Department of Consumer and Business Services pursuant to ORS Chapter 455, except that the plumbing specialty code and the electrical specialty code are administered and enforced by Lincoln County. The adopted codes, without limitation, are identified herein.
A. Structural Specialty Code. The Oregon Structural Specialty Code, as adopted by OAR 918-460-0010 through OAR 918-460-0015, except as modified in this chapter, is adopted as part of this chapter.
B. Excavation and Grading/Erosion Control. Appendix J of the Oregon Structural Specialty Code is adopted as part of this chapter.
C. Mechanical Code. The Oregon Mechanical Specialty Code, as adopted by OAR 918-440-0010 and 918-440-0040, except as modified in this chapter, is adopted as part of this chapter.
D. Plumbing Code. The Oregon Plumbing Specialty Code, as adopted by 918-750-0110, except as modified in this chapter, is adopted as part of this chapter.
E. Electrical Code. The Oregon Electrical Specialty Code, as adopted by OAR 918-305-0100, except as modified in this chapter, is adopted as part of this chapter.
F. One- and Two-Family Dwelling Code. The Oregon Residential Specialty Code, as adopted by OAR 918-480-0000 through 918-480-0010, except as modified in this chapter, is adopted as part of this chapter.
G. Oregon Reach Code (Optional). The Oregon Reach Code, as adopted by OAR 918-465-0020 through 918-465-0040, except as modified in this chapter, is adopted as part of this chapter.
H. Manufactured Dwelling Code – Parks. The manufactured dwelling park and mobile home park rules adopted by OAR 918-600-0005 through 918-600-0095, except as modified in this chapter, are adopted as part of this chapter.
I. Manufactured Dwelling Code – Installations. The manufactured dwelling rules adopted by OAR Chapter 918-500, except as modified in this chapter, are adopted as part of this chapter. (Ord. 2021-08 § 1)
15.04.115 Optional local amendments to adopted codes.
Notwithstanding the adoption of the Oregon Structural Specialty Code (OSSC) in LCMC 15.04.110(A), the Oregon Residential Specialty Code (ORSC) in LCMC 15.04.110(F), and the permit exemptions contained therein, the city of Lincoln City specifically requires a permit for the following listed items. In addition, the construction standards of the OSSC or ORSC, as applicable, remain applicable for these items.
A. Protection of adjoining property, as defined by Chapter 1 of the OSSC.
B. Retaining walls as defined by Chapter 1 of the OSSC and ORSC, as applicable (i.e., walls greater than four feet in height and retaining walls where the wall supports ascending slopes exceeding 3:1 or where the retaining wall supports a non-soil surcharge).
C. Fences, as defined by Chapter 1 of the OSSC and ORSC, as applicable (i.e., fences constructed of wood, wire, mesh or chain link, when such fences are greater than seven feet in height; fences constructed of materials other than wood, wire, mesh or chain link, require a permit regardless of height).
D. Tanks as defined by Chapter 1 of the OSSC and ORSC, as applicable (i.e., exterior to and not attached to a regulated building).
E. Flagpoles as defined by Chapter 1 of the OSSC (i.e., poles not attached to or supported by a regulated building provided the flagpole is greater than 25 feet in height).
F. Ground-mounted photovoltaic systems, as defined by Chapter 1 of the OSSC and ORSC, as applicable (i.e., greater than 10 feet in height).
G. Signs as defined by Chapter 1 of the OSSC (i.e., not located in a public right-of-way and not attached to or supported by a regulated building). (Ord. 2023-01 § 9; Ord. 2021-18 § 1)
15.04.120 Construction-related codes adopted.
A. Dangerous Building Code. Except as modified in subsection (B) of this section, the city of Lincoln City adopts, administers, and enforces the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, by the International Conference of Building Officials (UCADB), a copy of which is on file and available for reference with the city building official.
B. Local Amendments to the UCADB.
1. The following supplementary definitions are added:
• Board of Appeals. Board of appeals established by Chapter 2.12 LCMC.
• Clerk. The city recorder of the city of Lincoln City.
• Director of Public Works. The city engineer of the city of Lincoln City.
• Health Official. The Lincoln County sanitarian or other designee.
2. UCADB, Chapter 4, Section 403, Section 1.3 is not an available remedial option for a building declared to be dangerous under this code, except that any repair order (Section 1.1) or demolition order (Section 1.2) of the building official may require a premises to be secured and maintained against entry during the period when repair is authorized or prior to scheduled demolition.
3. All references in the UCADB to the “Building Code” shall mean the applicable Oregon State Building Code in effect, including all currently enforced specialty codes or, when the context requires, the applicable predecessor code.
4. Notwithstanding Section 401.2.5 of the Uniform Code for the Abatement of Dangerous Buildings as adopted by subsection (A) of this section, the time period for appeals from notices, orders, or actions of the building official shall be 10 days.
C. Unsafe Buildings.
1. All buildings or structures regulated by this code which are unsafe under the terms of the Uniform Code for the Abatement of Dangerous Buildings are hereby designated as unsafe buildings, structures, or appendages.
2. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in this chapter and the Uniform Code for the Abatement of Dangerous Buildings or such alternate procedures as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or another employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation.
3. Notwithstanding the provisions of LCMC Title 8, appeals of dangerous building determinations/declarations, or determinations/declarations of a nuisance in subsection (C)(2) of this section, shall be appealed to the board of appeals as specified in this chapter. (Ord. 2023-01 § 10; Ord. 2021-08 § 1)
15.04.130 Building official authority to impose civil administrative penalty.
A. Authority to Impose Civil Administrative Penalty.
1. Upon a determination by the building official that any person, firm, corporation or other entity however organized has violated a provision of this chapter or a rule adopted thereunder, the building official may issue a notice of civil violation and impose upon the violator and/or any other responsible person an administrative civil penalty as provided by subsections (A)(1) through (A)(13) of this section. For purposes of this subsection, a “responsible person” includes the violator, and if the violator is not the owner of the building or property at which the violation occurs, may include the owner.
2. Prior to issuing an order to correct a violation under this section, the building official may pursue reasonable attempts to secure voluntary correction.
3. Prior to issuing a notice of civil violation and imposing an administrative civil penalty under this section, the building official shall issue an order to correct a violation to one or more of the responsible persons. Except where the building official determines that the violation poses an immediate threat to health, safety, environment, or public welfare, the time provided for correction shall be not less than five calendar days.
4. Following the date or time by which the correction must be completed as required by an order to correct a violation, the building official shall determine whether such correction has been satisfactorily completed. If the required correction has not been completed by the date or time specified in the order, the building official may issue a notice of civil violation and impose an administrative civil penalty to each responsible person to whom an order to correct was issued.
5. Notwithstanding subsections (A)(2) and (A)(3) of this section, the building official may issue a notice of civil violation and impose an administrative civil penalty without having issued an order to correct violation or made attempts to secure voluntary correction where the building official determines that the violation was knowing or intentional, or a repeat of a similar violation.
6. In imposing an administrative civil penalty authorized by this section, the building official shall consider:
a. The person’s past history in taking all feasible steps or procedures necessary or appropriate to correct the violation;
b. Any prior violations of statutes, rules, orders, and permits;
c. The gravity and magnitude of the violation;
d. Whether the violation was repeated or continuous;
e. Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act;
f. The violator’s cooperativeness and efforts to correct the violation; and
g. Any relevant rule of the building official.
7. A notice of a civil violation that imposes an administrative civil penalty under this section shall be served by personal service, or sent by registered or certified mail and by first class mail. A notice served by mail shall be deemed received three days after the date mailed if to an address within this state, and seven days after the date mailed if to an address outside this state. Every notice shall include:
a. Reference to the particular code provision, ordinance number, or rule involved;
b. A short and plain statement of the matters asserted or charged;
c. A statement of the amount of the penalty or penalties imposed;
d. The date on which the order to correct was issued and time by which correction was to be made, or if the penalty is imposed pursuant to subsection (A)(5) of this section, a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated; and
e. A statement of the party’s right to appeal the civil penalty to the building board of appeals, or if the building board of appeals lacks sufficient members to constitute a quorum, to the city manager or the city manager’s designee; a description of the process the party may use to appeal the civil penalty; and the deadline by which such an appeal must be filed.
8. Any person, firm, corporation or other entity however organized that is issued a notice of civil penalty may appeal the penalty to the building board of appeals, or if the building board of appeals lacks sufficient members to constitute a quorum, the city manager or the city manager’s designee.
9. A civil penalty imposed under this section shall become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to the building board of appeals, or if the building board of appeals lacks sufficient members to constitute a quorum, to the city manager or the city manager’s designee pursuant to, and within the 15-day time limit established by appeals procedures.
10. Each day the violator fails to remedy the code violation shall constitute a separate violation.
11. Failure to pay a penalty imposed hereunder within 10 days after the penalty becomes final (i.e., upon expiration of the time to appeal) shall constitute a violation of this code. Each day the penalty is not paid shall constitute a separate violation. The building official also is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by this chapter or other provisions of this code, or state statutes. The civil administrative penalty authorized by this section shall be in addition to:
a. Assessments or fees for any costs incurred by the city in remediation, cleanup, or abatement; and
b. Any other actions authorized by law; provided, that the city may not issue a citation to municipal court for a violation of this chapter.
12. If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid 30 days after such penalty become final, the building official shall assess the property the full amount of the unpaid fine and shall enter such an assessment as a lien in the municipal lien docket. At the time such an assessment is made, the building official shall notify the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the municipal lien docket. The lien shall be enforced in the same manner as liens established by city council pursuant to this chapter. The interest shall commence from the date of entry of the lien in the lien docket.
13. In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to subsection (A)(1) of this section shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy. (Ord. 2021-08 § 1)
15.04.140 Appeal procedures.
A. A person, firm, corporation or other entity, however organized, and aggrieved by an administrative action of the building official taken pursuant to any section of this chapter that authorizes an appeal under this section, including a discretionary decision of the contract building official, may, within 15 days (unless a different time is provided) after the date of notice of the action, appeal in writing to the building board of appeals (appeal authority) (Chapter 2.12 LCMC). Notwithstanding the above, the appeal period shall be 30 days if the appeal is from a discretionary decision of the contract building official (OAR 918-020-0260). Such appeals are subject to strict compliance with the additional requirements of LCMC 15.04.145. Such appeal shall include a statement that shall describe the basis for the appeal, and shall first be filed with the building official. The written appeal shall be accompanied by a $100.00 appeal fee payable to the city of Lincoln City and shall include:
1. The name and address of the appellant;
2. The nature of the determination being appealed;
3. The reason the determination is incorrect; and
4. What the correct determination of the appeal should be.
An appellant who fails to file such a statement within the time permitted waives the objections, and the appeal shall be dismissed. All appeal requirements shall also be met; any defect is jurisdictional.
B. If a person, firm, corporation or other entity however organized appeals a civil penalty to the building board of appeals, or, if the building board of appeals lacks sufficient members to constitute a quorum, to the building code hearings officer (hereinafter appeal authority), the penalty shall become final, if at all, upon issuance of a decision of the appeal authority affirming the imposition of the administrative civil penalty.
C. If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until final determination of the appeal. Notwithstanding this subsection, an emergency suspension shall take effect upon issuance of, or such other time stated in, the notice of suspension.
D. Unless the appellant and the city agree to a longer period, an appeal shall be heard by the appeal authority within 30 days of the receipt of the notice of intent to appeal. At least 10 days prior to the hearing, the city shall mail notice of the time and location of the hearing to the appellant.
E. The appeal authority shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the appeal authority deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The burden of proof shall be on the building official. The rules of evidence as used by courts of law do not apply. Notwithstanding the above, in an appeal concerning a discretionary decision of the contract building official, the permit applicant has the burden to establish by a preponderance of the evidence that overturning the discretionary decision of the contract building official will not create a dangerous or unsafe condition or decrease the minimum fire and life safety standards set forth in the relevant code.
F. The decision of the building board of appeals for an appeal of a contract building official’s discretionary decision shall be rendered within 30 days of receipt of the appeal. The decision of the building board of appeals on other appeals shall be rendered within 60 days of the building official’s receipt of the appeal, unless both parties stipulate to an extension of time. The building board of appeals’ decision shall be in writing and shall be final upon receipt. All notices given by the board shall be given to the appellant by first-class mail at the address indicated by the appellant on the notice of appeal and shall be deemed received three days after mailing.
G. An appeal of the building board of appeals’ decision relative to the application, enforcement, and interpretation of provisions of this title which are not governed by the State Building Code shall be made in writing pursuant to Chapter 1.26 LCMC, Uniform Administrative Appeals, to the Lincoln City city council within 14 days of the board’s notice of said decision. An appeal of the building board of appeals’ decision relating to technical and scientific determinations regarding any provision of the state specialty codes regulated by the municipality shall be appealed to the appropriate advisory board within 30 days of the board of appeals’ decision per OAR 918-080-0120(6). All work which is the subject of a permit, interpretation, or other matter under appeal shall be suspended pending resolution of the appeal.
H. Other than as provided in this subsection, the appeal fee is not refundable. The appeal authority may make a determination on the motion of the appellant that the appeal fee shall be refunded to the appellant upon a finding by the appeal authority that the appeal was not frivolous.
I. Failure to pay a penalty imposed under this chapter within 10 days after the penalty becomes final shall constitute a violation of this code. Each day the penalty is not paid shall constitute a separate violation. The city is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by this chapter or other provisions of this code, or state statutes. (Ord. 2023-01 § 11; Ord. 2022-04 § 2; Ord. 2021-08 § 1)
15.04.145 Special appeal procedures and requirements for discretionary decision of contract building official (OAR 918-020-0230(2)(b), 918-020-0250 and 918-020-0260).
A. These special procedures are limited, per OAR 918-020-0015(4), to a discretionary decision of the contract building official, which means a decision on whether to waive a plan review, an inspection or a provision of the State Building Code; or to allow an alternative material, design or method of construction.
B. For appeals of a discretionary decision made by the contract building official, the building board of appeals (Chapter 2.12 LCMC) shall comply with the requirements of OAR 918-020-0250 and 918-020-0260 as outlined in LCMC 2.12.060, 15.04.140 and this section.
C. In accordance with OAR 918-020-0230(2), within five business days from making a discretionary decision, the contract building official must:
1. Notify a qualified employee in writing of the discretionary decision; and
2. Notify the permit applicant in writing of the discretionary decision that relates to the permit application. This notice must list and describe available opportunities for a hearing and appeal of the decision.
The qualified employee must review and ratify or disapprove a contract building official’s discretionary decision, in writing, to the contract building official and the permit applicant/aggrieved person within 30 days after receiving notice of the decision. The notification shall also inform the permit applicant/aggrieved person that the decision of the building official can be appealed in accordance with ORS 455.475.
Note: Before exercising oversight over a contract building official, the qualified employee is required to complete the basic training and obtain applicable certification or other evidence of completion, as defined by Oregon Building Codes Division. Within 180 days after being designated as the qualified employee, the employee is required to complete the advanced training and obtain applicable certification or other evidence of completion, as defined by Oregon Building Codes Division.
D. In accordance with OAR 918-020-0260, for an appeal of a contract building official’s discretionary decision:
1. After receiving notice of the building official’s discretionary decision, a permit applicant has 30 days to submit an appeal to the local board.
2. In an appeal before the local board, the permit applicant has the burden of establishing by a preponderance of the evidence that overturning the discretionary decision of the contract building official will not create a dangerous or unsafe condition or decrease the minimum fire and life safety standards set forth in the relevant code.
3. Upon receipt of a notice of appeal, the local board has 30 days to review the appeal and issue a determination.
4. The appeal rights to which a permit applicant is entitled before a local board is in addition to, and not in lieu of, any other rights of appeal the permit applicant may have.
5. The board of appeals makes determinations on a case-by-case basis, and shall have no authority relative to interpretation of the administrative provisions of this title, nor shall the board be empowered to waive requirements of this title. For example, the board of appeals may review the building official’s discretionary determination that a structure is dangerous, but not the ensuing remedy.
6. Notwithstanding LCMC 2.06.045 (Hearing officer appointment) and 2.06.065 (Powers and duties), a hearing officer is not available to hear appeals of the discretionary decisions of the contract building official. The building code hearing board for Lincoln County or for an adjoining county may hear such appeal, if the body meets the requirements of the administrative rule and is consistent with LCMC 2.12.020. (Ord. 2023-01 § 12)
15.04.150 Violations – Penalties – Remedies.
A. No person, firm, corporation or other entity however organized shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain a building or structure in the city, or cause the same to be done, contrary to or in violation of this code or the codes adopted herein.
B. A person who commits a violation established in subsection (A) of this section shall be subject to an administrative civil penalty of no less than $50.00 and not exceeding $5,000 per offense, or in the case of a continuing offense, not more than $1,000 for each day of the offense and shall be processed in accordance with the procedures set forth in this chapter.
C. Each day that a violation of a provision of subsection (A) of this section exists constitutes a separate violation.
D. In addition to imposing a monetary penalty, the city may determine a condition caused or permitted to exist in violation of subsection (A) of this section is a public nuisance and may be abated as provided by law, including abatement under Chapter 8.12 LCMC.
E. The penalties and remedies provided in this section are not exclusive and are in addition to other penalties and remedies available to the city by law. (Ord. 2021-08 § 1)
15.04.160 Lien.
A. There shall be a lien created and it shall be done in accordance with this section.
B. Any fine, assessment or civil penalty imposed pursuant to the Uniform Code for the Abatement of Dangerous Buildings as adopted herein, or any administrative civil penalty imposed under the terms of this chapter, which remains unpaid 30 days after the penalty is imposed (or after the fine, assessment or civil penalty has been affirmed on appeal), shall be filed as a lien against the lot, lots or parcels of land involved in the municipal lien docket. At the time of filing in the municipal lien docket, notice shall be provided to the responsible person. If the responsible person is not the owner of the property shown in the electronic records of the Lincoln County assessor on that date, then notice shall also be sent to the owner of the property. Failure to provide notice shall not in any way affect the validity of the lien. The notice shall state that the amounts imposed as penalties shall be payable and due, and that the penalties shall be liens against the lots or parcels of land involved, respectively. All such liens remaining unpaid after 30 days from the date of recording on the municipal lien docket shall become delinquent and shall bear interest at the rate of 10 percent per annum from and after that date. The liens shall be enforced in the manner provided in ORS Chapter 223 and shall have priority over all such other liens and encumbrances of any character. Pursuant to the Uniform Code for the Abatement of Dangerous Buildings as adopted by this chapter, and the civil administrative penalty provisions of this chapter, the city council, as the legislative body of the city, elects to treat costs associated with the abatement of dangerous buildings, and any fine, assessment or administrative civil penalties, as a routine obligation of property owners. Therefore, any municipal costs incurred in the abatement of any dangerous building and/or any fine, assessment or administrative civil penalty not paid within 30 days shall be an assessment and lien against the property where the building is located. (Ord. 2021-08 § 1)