OAR 918-001-0400: Building Permit Process for Existing Buildings without a Valid Certificate of Occupancy

(1) The purpose of this rule is to clearly identify how to obtain a building permit from the state for existing occupied buildings that do not have valid permits. This rule also clarifies the relationship between the Building Codes Division and other state and local agencies with regards to the authority to regulate occupied buildings without appropriate certificates of occupancy. (2) This rule applies to any existing building that is located in an area of the state where a Building Codes Division employee is the building official, and the building: (a) Was constructed, renovated, repaired, or remodeled without a valid building permit; (b) Is being used in violation of the issued certificate of occupancy; or (c) Does not have a valid certificate of occupancy. (3) A building permit will not be issued for the building until the permit applicant: (a) Complies with all applicable local requirements, including but not limited to, zoning and planning, public works, Department of Environmental Quality, and local fire service approvals; (b) Obtains written acknowledgment from all applicable state or local agencies that the building is currently being occupied and used without a certificate of occupancy allowing such occupancy and use; and (c) Obtains written approval from all applicable state or local agencies that the building can continue to be occupied and used until a valid certificate of occupancy is obtained from the Building Codes Division. (4) If a permit applicant cannot comply with the requirements in section (3) of this rule a permit applicant may obtain a building permit by providing a written statement that the building is unoccupied and will continue to be unoccupied until the completion of all work under the permit and the issuance of a certificate of occupancy by the division. (5) A permit application must be completed in full, including any additional documentation or information as requested by the division, before a permit will be issued. (6) The permit applicant is responsible for obtaining all necessary approvals prior to permit application and is solely responsible for any errors or omissions on a permit application. Incorrect or false statements are the liability of the permit applicant and are a basis for a stop work order to be issued by the division. (7) All benefits and protections afforded by a valid building permit will not be effective until after all work has been completed under the permit as verified by the division, including any additional changes or modifications to the building as required by the local fire service. (8) All relevant state and local agencies maintain their jurisdiction, except for the actions under the Building Codes Division’s authority, during the pendency of the Building Codes Division permit process described in this rule. (9) Before issuing a permit under this rule the division may assess and require payment of an investigative fee under ORS 455.058 for the average or actual additional cost incurred by the division to ensure that the building is safe to be occupied, including any investigation costs required to determine the state and condition of the building before issuing a permit.