Helpful FAQs - Permitting
BUILDING PERMITTING
Q. I am planning a remodel of my home. Why should I get a building permit?
This is a question many people may ask when planning alterations to their home or property. A decision not to get a permit could be very costly. Homeowners may find when they try to sell or refinance their home, prospective buyers or lending institutions want repair or additions completed in compliance with local codes and permits with the required inspections. This is especially important in a coastal climate - and in a community that has a number of properties in the flood plain.
Without a permit and inspection on record, there is no proof of the work done or compliance. The homeowner will be required to apply for a permit with no guarantee that the remodel will meet code, and they face the possibility that the remodel must be redone or removed. This is costly and frustrating and could cause delays in refinancing or a lost sale of their home.
Q. What is the purpose of permits and codes?
The purpose behind building codes is to give reasonable assurance that a home is safe from structural failure, fire hazards from electrical and heating systems, electrical shock, and health risks and that it is built above base flood elevations for identified flood zones. Permits, filed with Lincoln County provide a permanent record of the work performed and inspections conducted on the project. Your home is your biggest financial investment, why wouldn’t you want to protect this investment?
Q. Do all Building Departments have the same building codes or are each different?
All States have the same basic building code as the basis for permitting. The International Code Council (ICC), develops codes through the process of code hearings and includes Building, Plumbing, Electrical, Mechanical, and Fire Codes. Each State adopts these codes and each jurisdiction adopts the state codes along with state amendments. Zoning code and Engineering standards, on the other hand, can vary from jurisdiction to jurisdiction.
Q. When selling or buying a home, what are some of the most common repair requests from the buyer which would require a permit?
Replacing a furnace – mechanical and electrical permit would be required.
Replacing a water heater – plumbing permit would be required
Replacing a water service – plumbing permit would be required and depending upon the type of pipe used an electrical permit may be required for electrical grounding.
Replacing a sewer line – plumbing permit would be required and if the repair is within the Right-of-Way, a Right-of-Way permit would also be required. Street cuts require proof of insurance.
Repairing or replacing a roof: On residential re-roofing, a permit is only required if the structural members need to be replaced under the sheathing.
Q. Do I need a permit for everything I do to my home?
According to the Oregon Residential Specialty Code (ORSC), Section R105.1; a permit shall be obtained through application to the Lincoln County building official when constructing, enlarging, altering, repairing, moving or changing the occupancy, or installing any electrical, gas, mechanical or plumbing system regulated by code. This requirement applies to an owner, contractor or authorized agent who constructs, enlarges alters, repairs moves, or changes the occupancy of a building or structure; or for the purpose of erecting, installing, enlarging, altering, repairing, converting or replacing any electrical, gas mechanical or plumbing systems.
Not all items require permits. The following is a list of items that do not require a permit: (Even though a permit is not required, the project must still comply with all applicable construction and zoning codes. Permits are not required for the following when related to single family homes and do not encroach over a subsurface drain system, public utility easement, or into required setbacks from property lines)
- Non-habitable one-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet and a height of 10 feet measured from the finished floor level, to the average height of the roof surface.
- Except for barriers around swimming pools as required in Appendix G, fences not over 6 ft high.
- Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
- Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.
- Concrete sidewalks, slabs, and driveways.
- Painting, papering, tiling, carpeting, cabinets, counter tops, interior wall, floor or ceiling covering and similar finish work.
- Swings and other playground equipment.
- Patio and porch covers not over 200 square feet and NOT supported by an exterior building wall.
- Nonbearing partitions, except when such partitions create habitable rooms.
- Replacement or repair of siding not required to be fire-resistive.
- Retrofitted insulation.
- Porches and decks, where the floor or deck is not more than 30 inches above adjacent grade measured at any point within 3 feet horizontally of the floor or deck, and where in the case of a covered porch, the covered portion of the porch does not come closer than 3 feet to property lines.
- Gutters and downspouts.
- Door and window replacements (where no structural member is changed.)
- Plastic glazed storm windows.
Electrical Exceptions:
Listed cord-and-plug connected temporary decorative lighting.
Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Mechanical Exceptions:
- Portable heating appliances, cooking or clothes drying appliances.
- Portable ventilation appliances.
- Portable cooling units.
- Steam, hot-or chilled-water piping within any heating or cooling equipment regulated by this code.
- Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
- Portable evaporative coolers.
- Self-contained refrigeration systems containing 10 pounds or less of refrigerant or that are actuated by motors of 1 horsepower or less.
- Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
- Plumbing Exceptions:
- The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such will shall be considered a new work and a permit shall be obtained and inspection made as provided in this code.
- The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and removal and the reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
Emergency Repairs
Where mechanical equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.
Repairs Exceptions:
Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any water supply sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
Q. Don’t permits cost thousands of dollars?
Not necessarily. A new home has far more fees associated with it than remodels because of development fees. These development fees are not charged each time that an alteration is made. Building permit fees are based on the value (construction costs including materials and typical labor costs) of the work to be done. Each person will have a different view of what is and is not expensive; however, a few hundred dollars now may save thousands in the future. Other permits such as plumbing, electrical and mechanical (heating and cooling) have fees based on the number or type of installations. Depending upon the scope of work, other department reviews and fees may be required.
Q. If I take out a permit to remodel a home built twenty years ago, do I build to the code in effect when the home was originally built?
No. The new portion must meet the current codes unless the remodel creates a hazard for the existing building, such as overloading an existing beam.
Q. What if I have made an alteration to my home without realizing I needed a permit and I want to correct the situation – will I be subject to a fine? Do I have to tear the whole project down and start over?
Penalties can be levied for those who refuse to comply with the law. Building Department’s would rather see a building conform to the code than punish a homeowner. If a homeowner discovers that they did not obtain a permit when required, they do not necessarily have to tear the project down and start over. If the alteration can meet the applicable codes, they will be approved. Inspectors won’t necessarily approve something they cannot see and may require small sections of wall or roof covering be removed to verify the construction meets the code. There can be no guarantee that some changes may need to be made, and some may not be easy to accomplish.
Q. How long are permits good for and do they ever expire?
According to the 2017 Oregon Residential Specialty Code, every permit shall be valid for one year; a permit becomes invalid if the work authorized by such permit does not commence within 180 days after it’s issued, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Each time an inspection is called on a permit, the permit is extended another 180 days. In the event that a permit does expire, the building official has the authority to extend a permit one or more time.
Q. What happens if I do not get a final inspection on my project from the building department?
According to Oregon Archives Division, Administrative Rules, Edition: June 15, 2007, section 166-200-0025(6) (c) Building Records states, expired permits shall be retained for 2 years after expiration date. Section 166-200-0025 96) (a) states, completed structural permits shall be retained for the life of the structure.
Two years after a permit expires, all records are destroyed. As stated earlier, when trying to sell or refinance your home, there is no proof of permits or inspection on record for the prospective buyers or lending institutions which could cause delays in refinancing or a lost sale. Remember permits and inspections go hand in hand.
Q. Why should I use a licensed contractor?
Any contracted person doing work who is not currently registered with the Oregon State Construction Contractors Board (CCB) is doing so illegally.
You would not want this type of person working on your home. The registration process provides some protection to the homeowner from being charged for work and materials not provided or paying twice for them (material suppliers and subcontractors can place a lien on your home if they do not receive payment from your contractor).
There are also trade licenses for those persons doing plumbing and electrical work to provide some assurance that they have adequate knowledge and training in those fields.Always check with CCB to see if a contractor is licensed.
Q. As an owner, can I do the work myself?
Yes, as an owner you can do all the work yourself but you still need to get permits before the work begins with the exception of the following; if the structure is intended to be sold or offered for sale before or on completion of the project, you must hire licensed contractors to do all the work.
Q. Do I have to have a license to do work on my own home?
No. In Oregon, a homeowner *(who owns and occupies the house) may do any or all of the work (building, plumbing, mechanical, heating and air conditioning, and electrical). If you are not sure of your abilities to do any or all of the work, it is recommended that you hire a licensed professional. *This does not apply to plumbing and electrical work done by renters, landlords, their employees, or other persons who do not own and occupy the home (they must have an appropriate license).
Q. How long does it take to get a permit?
Simple residential projects involving only interior work will typically be reviewed within a few days to several weeks, depending upon how busy Lincoln County is at the time of submittal. Additions and projects involving exterior alterations could take up to three weeks or longer before they are reviewed, so plan your project wisely to allow ample time for plan review. Check with the local jurisdiction to see what their timeline is for plan review for your project.
Q. Do I have to have my plans drawn by a Professional Designer, Architect or Engineer?
Not necessarily, the owner or anyone chosen may draw the plans as long as they are clear, drawn to scale and detailed enough to indicate what and how the project will be built. In some cases, the complexity of the project may require the skills of a professional such as if the home is in a floodplain or is on a steeply sloped site. If the plans include the need for new beams, lateral support (earthquake or wind resistance), and they are not designed using standard software or prescriptive designs obtained from the building code, an engineer or architect will need to provide calculations for those items. Check with the Lincoln County Building official for specific requirements.
Q. Why do I need inspections and do I have to pay for these inspections?
Inspections are required at various stages of the project to see that the work is following the approved plans and codes. There is no additional charge for the inspection’s, they have been paid for with the permit fees.
Q. How do I know if a bedroom has an egress window that meets building code to make it a legal bedroom?
All emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet. Minimum net clear opening height shall be 24”, minimum net clear opening width shall be 20 inches and a sill height of not more than 44 inches above the floor.
Q. What is the minimum ceiling height in habitable space?
Ceiling heights shall not be less than 7 feet but for portions of a floor that does not contain habitable space, ie. hallways, bathrooms, toilet rooms and laundry rooms, the required ceiling height is not less than 6 feet 8 inches.
Q. Is a carbon monoxide alarm required for additions or just new construction?
Carbon monoxide alarms are required in all new construction and residential structures that undergo reconstruction, alteration or repair for which a building permit is required and shall be located in each bedroom or within 15 feet outside of each bedroom door. According to the Journal of the American Medical Association, approximately 2,100 people die from carbon monoxide poisoning every year in the United States. There are more than 10,000 injuries annually from carbon monoxide. Please make sure that your smoke alarms are up to date.
Q. Are there any special requirements when installing a sprinkler system in my yard?
Yes, all new irrigation systems need to be installed with backflow protection in the form of a testable, State of Oregon approved double check valve assembly and a plumbing permit is required for this installation. The device is required to be tested every year by a licensed tester and the results forwarded to the local water department. In addition to a plumbing permit, if more than 500 square feet of soil is disturbed, an Erosion Control permit and plans may be required.
Q. How does the tax assessor’s office know additions and remodels are done so they can assess additional taxes?
Building departments are required to send copies of all building permits to the tax assessor’s once a permit is issued.
Q. If I want to add on or do a remodel to my home , do I only need to talk to the building department?
No, you will be required to talk to the Planning and Public Works departments as well. Each department has different regulations. For example, your project may trigger street improvements by Public Works, or the Planning Department may not allow your type of proposed project in your particular zone. Get familiar with each departments’ requirements before moving forward with your project.
Q. What about required record retention for projects that have been completed and a final inspection is approved by the building department?
Building permits are retained for the life of the structure, demolition permits are retained for two years after demolition, final inspection record is retained for the life of the structure, all other inspections are retained for two years and plans are retained for 2 years.
| Attachment | Size |
|---|---|
 Waldport Building Permit for Lincoln County | 110.86 KB |
| Plot Plan Requirements | 45.06 KB |
| Manufactured Home Placement Application | 53.82 KB |
| Manufactured Home Installation Checklist | 1.53 MB |
| Lincoln County Land Use Code 2018 | 773.01 KB |