A. Issuance: The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the Building Official. 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 application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of this chapter and the Malheur County Building Code and other pertinent laws and ordinances, and that the fees have been paid, the Building Official shall issue a permit therefor to the applicant. When the Building Official issues the permit where plans are required, the Building Official shall endorse in writing or mark the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified, and altered without authorizations from the Building Official, and all work regulated by this chapter and the Malheur County Building Code shall be done in accordance with the approved plans. 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 chapter and the Malheur County Building Code. The holder of a partial permit shall proceed without assurance that the permit for the entire building or structure will be granted.
B. Retention Of Plans: One set of approved plans, specifications and computations shall be retained by the Building Official in accordance with state archive requirements; and one set of approved plans and specifications shall be returned to the applicant, which shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.
C. Validity Of Permits: 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 chapter, federal, state or local law, statute, rule, regulation or other ordinance of this jurisdiction.
The issuance of a permit based upon plans, specifications, computations 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 preventing building operations being carried on thereunder when in violation of this chapter or other Malheur County ordinances.
D. Revocation of Permits: The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this chapter or specialty codes whenever the permit is issued in error, on the basis of incorrect information supplied or in violation of the ordinances of Malheur County, Oregon Revised Statutes or Oregon administrative rules.
E. Expiration Of Plans: Applications for which no permit is issued within one hundred eighty (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 destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days on 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. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
F. Permit Expiration, Extension And Reinstatement: Every permit issued by the Building Official under the provisions of this chapter shall expire by limitation and become null and void if the building or work authorized is not commenced within the time limitations set forth in this section.
Every permit issued by the Building Official shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permits is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. 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.
G. Permit Extension. Any permittee holding an unexpired permit may apply for an extension of the time within which work is to be completed under that permit when the permittee is unable to complete the work within the time required by this section for any satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty (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.
Where a permit has expired, the permit can be reinstated and work authorized by the original permit can be recommenced, provided that the following are met:
1. The building code under which the original permit was issued and other laws which are enforced by the code enforcement agency have not been amended in any manner which affects the work authorized by the original permit.
2. No changes have been made or will be made in the original plans and specifications for such work.
3. The original permit expired less than one year from the request to reinstate.
4. The fee for a reinstated permit shall be one-half (1/2) the amount required for a new permit. Where the request for reinstatement does not comply with the preceding criteria, a new permit, at full permit fees, shall be required.
H. Work Without A Permit And Investigation Fees:
1. Investigation: Whenever any work for which a permit is required by this chapter has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work.
2. Fee: An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with any provision of the specialty codes or this chapter.
I. 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.
J. Inspections: 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, 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. It shall be the duty of the permit holder to cause the work to remain accessible and exposed for inspection purposes. Any expense incurred by the permit holder to remove or replace any material required for inspection shall be the responsibility of the permit holder or agent of the permit holder.
Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted, or otherwise made available, an inspection record card such as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained available by the permit holder until final approval has been granted by the Building Official. (Ord. 106, 6-25-1996, eff. 7-1-1996; amd. Ord. 224, 4-1-2020)