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.
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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
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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