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About The Siuslaw news. (Florence, Lane County, Or.) 1960-current | View Entire Issue (April 28, 2018)
SIUSLAW NEWS ❚ SATURDAY, APRIL 28, 2018 Inspection from 1A However, this effectively required specialized building code inspectors to be an employ- ee of the municipality for which he or she was performing inspec- tions. In 2017, legislation to allow inspectors to be authorized by municipalities, rather than employed, was championed by small and large cities alike as a solution to the still-present inspector shortage. However, it died in committee in the House and work groups failed to reach a consensus regarding how munic- ipalities ought to operate their building inspection programs. This year, legislation in the form of House Bill 4086 addressed the issue again, this time requiring building officials to be employees of municipali- ties or otherwise shared under a council of governments. While the bill passed in the House, it stalled in the Senate, much to the delight of cities intent on keep- ing their third-party contracts. Despite the bill’s failure, a Feb. 16 Department of Justice (DOJ) opinion clarified that con- tracting out building department functions to a third party is unconstitutional for two primary reasons. Firstly, hiring third parties for inspection services necessarily gives such services discretionary government powers (acting according to their own judge- ment) rather than ministerial duties (actions conformed to pre- scribed procedures). Secondly, the DOJ found that no adequate procedural safeguards exist to provide government accountabil- ity. Based on this formal opinion, the BCD, which is delegated state authority to adopt and enforce building codes and stan- dards, adopted a set of temporary rules Monday and is notifying cities which do not meet require- ments that they must come into compliance by July 1 or revert delegation of their programs to their county. Or, in cases where the county cannot run the pro- gram, it is reverted to the state. Additionally, the BCD letter noted that cities which choose to no longer operate their building programs and relinquish control to their county or state will be prevented from re-establishing a program until 2021. For many, these are not viable options. Hiring extra staff is a luxury many small cities cannot afford. Although the new rules may allow for an inspector to double as a building official, thus reducing the required employ- ees, an electrical inspector is also required. Questions remain as to whether a single cross-certified employee would be acceptable. Whatever number of employ- ees cities are eventually required to hire, even one addition to staff can upset a small city’s financial ecosystem. Dunes City, which has con- tracted inspections through the Eugene-based firm Northwest Code Professionals since the mid-1970s, has maintained financial stability with its build- ing program in part by contract- ing services only as needed. Should the city comply with the BCD’s requirements, expenses toward inspections are expected to double. “If they choose to hire some- body, I may have to lay off staff to pay for it,” said Mills. Moreover, many small munic- ipalities like Dunes City do not rely on tax revenue to operate. The new BCD rules leave some the unappealing choices of com- plying with financially devastat- ing rule changes or possibly los- ing local contractor inspections. As an alternative, BCD rules also stipulate that cities may join with a maximum of two other municipalities to employ a build- ing official and electrical inspec- tor. While possibly the least harmful among the options, it comes with its own drawbacks. “It has the potential, should there ever be a disagreement between the cities, to drive a huge wedge between neighbor- ing cities,” said Mills. “That could be a long-standing prob- lem.” Attractive options are sparse and the tight deadline to choose one makes the issue all the more difficult. Dunes City, for exam- ple, has an elected council of volunteers which meets only once a month, which gives the city one more city council meet- ing before a proper response must be paved. And while city staff across the state contemplate these con- cerns, contractors, too, feel the weight of the DOJ decision on their own livelihood. “I think that the state needs to go away,” said Ronald Mann, a general contractor in Florence. Mann has been building in the Florence area for more than 40 years and worries that state inter- vention will gum up a system that already works. On an average home, he requires around 20 inspections, many of which must be called in and dealt with as they arise. Access to inspectors who can be on site when he needs them is invaluable. “If a city can’t give me inspec- tions at least twice a week and give me a three-week turnaround on a plan, I need to go some- where else and do business,” he said. “If I have to call for every inspection … and I have to wait a week or 10 days, I can’t afford to build here — I wouldn’t be able to get anything done.” Going through the county for site surveys and plan reviews also delays the time before ground can even be broken, which can drive clients away. Projects with long delays run the risk of tax liabilities and losing insurance rate locks. Compared to the couple of weeks a private plan reviewer may take, the county’s months-long process leaves Mann skeptical that it could work efficiently on a mass scale. “It just takes longer,” he said. “I don’t see how they can do it.” In addition to the sluggish nature of bureaucracy, worries persist among small cities that losing local control means their particular zoning issues will be overlooked. “[Contracted] inspectors become the enforcement arm of those codes,” said Mann. “When you take that away … why even have zoning in a small incorpo- rated city like Dunes City?” Though structural health and safety codes are remain the same, Dunes City’s zoning codes differ somewhat from Lane County’s on account of its posi- tion on Woahink and Siltcoos Lakes. “I can build within a few feet of a wetland in Lane County,” said Mann. “In the city I have to do 50-foot setbacks.” Attention to the wetlands is of particular concern to Dunes City residents. “We’re very sensitive about our water resources because that’s where we all get our drink- ing water,” said Mills. The particulars of these zon- ing differences extend to the types of houses and ground cov- erages allowed in a city. “But if they’ve now cut the city out of the process, people will go directly to the county to get their building permits and we will have absolutely no say as to how they build,” she said. Relying on county officials to faithfully adhere to small-town standards leaves some skeptical, never mind entrusting these responsibilities to a Salem-based state employee should the pro- gram get kicked up the ladder. Building codes are often inte- grated into a city’s long-term goals and knowing the particu- lars allows inspectors to catch problems with projects early before too much time or money has been wasted. Exacerbating the issue is a potential rise in housing costs amid a statewide housing short- age. Although Oregon is current- ly building more new housing units than it has in decades, sup- ply has not met demand and the resultant eroding affordability of housing is a major player in rural markets. Small cities, to recoup the cost of hiring building officials, must request an increase in permit fees from the county. As permit fees rise, so do construction costs, which in turn chases away poten- tial homeowners and runs the risk of shutting down the market. In light of the turmoil and uncertainty faced by small cities, the wisdom of the BCD’s sudden push on this issue has been ques- tioned. “It’s awful funny to me that after 40 years we find out that a service well-given is unconstitu- tional in the state of Oregon,” said Mann. “I think they’re well- intentioned to some degree, but I think there’s a desire to control more closely rural communities that may be independent-mind- ed,” he said. Whatever the case, many also feel it is a jab at the long tradi- tion of home rule, in which cities derive their authority from local charters rather than the state. Municipal autonomy within the bounds of state and federal law avails cities the opportunity for swift and efficient governance to address particular needs. Reducing self-governance by even small degrees in areas such as Dunes City has measureable effect on a council’s ability to serve their constituents. “We were elected by the citi- zens of Dunes City to look, on their behalf, at things like this,” said Councilor Duke Wells at the April 11 Dunes City Council meeting. “The idea of turning that over to the state is just — to me it’s insane.” In the meantime, city councils throughout the state continue to weigh options as their July 1 deadline draws near. While some may manage to comply with the new requirements, others may be forced to forfeit a degree of autonomy. However events unfold, the issue’s potential for profound consequences and precedents will demand enduring scrutiny. To address local concerns, the Dunes City Council has sched- uled a meeting at Dunes City Hall on May 7 at 6 p.m. to dis- cuss options and invites residents and contractors to attend and share their ideas. Buying or Selling? I can help. Desiree Clifton Principal Broker 541 999-5223 Hwy 101 S – Small subdivision of approx. 10 acre lots offers protective CC&Rs and lots of privacy. Underground utilities installed, high producing wells, septic approved. Located between Woahink and Siltcoos Lakes. $163,000-$216,000. #2651- 16573558 1749 Highway 101 • 541-997-1200 Get Results...List With Jan. Jan Jagoe Broker 541 999-0879 New Listing USLAW I S 3 s n g i S & G R A P C H I 85082 Hwy 101 – Bring your tools and imagination, this home needs lots of love! Built in 1945 its time to bring it back to life. Septic and well in place. Over 5 acres with Highway 101 frontage. $170,000. #2825-18414771 1749 Highway 101 • 541-997-1200 Boys & Girls Club of Western Lane County We are looking for volunteers to help with • Elementary tutoring, mentoring and program assistance • Teen Center tutoring, mentoring and program assistance • Club van and bus drivers 1601 15th St. • Florence, OR. 97439 541-902-0304 Florence Food Share Ask us about volunteer opportunities. 2190 Spruce Street • P.O.Box 2514 Florence, Oregon 97439 (541) 997-9110 info@fl orencefoodshare.org Habitat for Humanity S 6 A Volunteers needed for new home construction, home repairs, general offi ce work, public relations and program administration. Join an operating committee and help Habitat help others! Call 541-902-9227 or e-mail to fl orencehabitat@gmail.com Offi ce located at 2004 HWY 101, Florence www.facebook.com/restorefl orence Volunteer Get involved Donate Do your part and volunteer today to help support these local non-proft organizations in our community! Helping Hands Coalition Assisting those in need in our Community. Free Hot Meals Mon-Wed-Fri • 12:30 AM - 1:30 PM New Life Lutheran Church, 2100 Spruce St, next to Foodshare Call 541-997-5057 to Volunteer F ULL S ERVICE C OMMERCIAL S IGN D IVISION V EHICLE G RAPHICS S IGN M AINTENANCE & R EPAIR L IGHT B ULB S ERVICE M OLD , M ILDEW & W EATHERPROOFING B ANNERS & E VENT S IGNAGE W INDOW G RAPHICS GOT SIGNS? (541) 997-8148 LOCATED AT: 7KH6KLSSLQ·6KDFN Meals on Wheels and Cafe 60 Meals on Wheels are available to people over the age of 60 who cannot get out much due to illness or advanced age and who are not eating properly, regardless of income. Cafe 60 is available for those who prefer to make new friends in a dining room setting. 1570 Kingwood, PO Box 2313, Florence 541-997-5673 laneseniormeals.org Memory Care Respite of Florence Come join the team! Memory Care Respite of Florence is looking for new volunteers to spend time socializing, playing games, listening to music, and having coffee and lunch with our participating senior citizens. Our program depends on volunteer power to stay afl oat and time is running out! If you’re at all interested in socializing and relaxing with seniors while their loved one takes a break, please email us for more information. We need more volunteers like YOU to keep our program going. Contact us at memcarerespite@gmail.com Peace Harbor Volunteers Join the Peace Harbor Hospital Volunteers, you will fi nd an area of interest in a caring organization. 400 9th Street, Florence 541-997-8412 ext. 2218 Us Too Florence Saving men one PSA test at a time. “Someone to talk to...who understands!” 541-997-6626 maribob@oregonfast.net www.ustoofl orence.org Goodrich Estate Sale! Antiques, furniture, housewares, tools and man stuff . 86640 Spruce Lane, Dunes City 9-3 Sat. Only 4/28 FREE garage sale signs 541-997-3441 with your ad To include your organization in this directory, please call us @ 541-997-3441
