Current through Register Vol. 64, No. 3, March 1, 2025
(1) Activities
Affecting Land Use: The division acting under ORS
197.180 identifies the following
activities as having a potential to "affect land use" as defined in OAR
660-030-0005(2):
(a) The issuance of electrical permits under
OAR chapter 918, division 309 and structural permits under OAR chapter 918,
division 460 for new buildings, additions and changes of building
use;
(b) The issuance of sewer and
water service permits for new buildings, additions and changes of building use
under OAR chapter 918, division 780;
(c) The issuance of manufactured dwelling
set-up permits under OAR chapter 918, division 600;
(d) The issuance of a permit for construction
or addition to a manufactured dwelling park under OAR chapter 918, division
600, recreational vehicle park or organizational camp under OAR chapter 918,
division 650; and
(e) The issuance
of permits for plumbing utilities hook-up or electrical hook-up for
manufactured dwellings except in a manufactured dwelling park constructed under
a OAR chapter 918, division 600 permit.
(2) State Agency Coordination Program. The
Division has adopted a State Agency Coordination Program under which it
requires verification that the construction activities involved in section (1)
of this rule comply with statewide land use planning goals and are compatible
with the comprehensive plans and regulations of the municipality having
jurisdiction over the project. Sections (3) through (7) of this rule implement
the plan.
(3) Condition Precedent
For Permits: Before a permit is issued for any activity mentioned in section
(1) of this rule, except for an electrical or a plumbing permit, the Division
requires:
(a) Acknowledgment by the city or
county planning agency on the Building Codes Division permit application that
the project has final land use approval; or
(b) A copy of the local land use permit or a
letter from the local planning agency that the project has land use approval or
is otherwise permitted under the jurisdiction's comprehensive plan and does not
require specific land use approval.
(4) Plumbing Permits: A sewer and water
service permit for construction involving a new building, an addition or change
in the use of a building, will not be issued unless the project already has or
is granted at the same time a related structural, park construction or
manufactured dwelling permit.
(5)
Electrical Permits: When an electrical permit, including a temporary electrical
permit is used for construction involving a new building, an addition or change
in the use of a building is involved:
(a) The
applicant for a permit may provide the type of land use verification required
in section (3) of this rule at the time the permit is obtained; or
(b) Verification must be provided to the
electrical inspector prior to or not later than ten calendar days after the
first inspection. The inspector will require the contractor, owner of the
project or primary user of the project to provide verification, with either:
(A) A related structural, park construction
or manufactured dwelling permit issued involving the same project;
(B) A written acknowledgment by the city or
county planning agency that the project has final land use approval;
(C) A copy of the local land use permit or a
letter from the local planning agency that the project has land use approval or
is otherwise permitted under the jurisdiction's comprehensive plan and does not
require specific land use approval; or
(D) Verification of approval may be
communicated from the local planning agency to the inspector by telephone or
facsimile so long as a letter or other written verification as required above
is received by the inspector within ten calendar days of the first
inspection.
(6) Manufactured Dwelling Set-Up Permits. The
requirements in section (3) of this rule can be met by a person seeking a
manufactured dwelling set-up permit by:
(a)
Telephonic confirmation by the city or county planning agency. When this
procedure is used the name and telephone number of the person that can provide
the confirmation must be provided by the person seeking the permit;
or
(b) A facsimile transmission of
relevant documents.
(7)
Any permit, including an electrical permit, may be denied by the division if
the division has knowledge that:
(a) Any
other permit under the jurisdiction of the division was denied;
(b) The project has not received final land
use approval; or
(c) The project is
not otherwise permitted under the jurisdiction's comprehensive plan.
(8) Revocation of Permits: Any
permit or inspection approval issued under this rule may be revoked by the
division:
(a) If the issuance was based on
false, erroneous or misleading information; or
(b) In the case of an electrical inspection,
if the required verification is not provided within ten calendar days following
the first inspection.
Stat. Auth.: ORS
183.325 - ORS
183.410, ORS
196.180 & ORS
455.110
Stats. Implemented: ORS
197.180
