When construction work has been done without benefit of permits or inspections
What do I need to do to resolve my building code violation?
Thank you for working with the Clackamas County Code Enforcement and Building Codes staff to bring your property into compliance with the State Building Code. The following information is intended to help you understand the permitting process and resolve your code violation.
Keep these in mind as you navigate the process:
- The building code violation is not considered fully abated until you receive an approved final inspection for all of the permits required by the county.
- Several inspections may be required before your project is ready for a final inspection.
- A $75 per month administrative compliance fee is assessed from the day the violations are confirmed until all final inspections are approved. All, or a portion of this fee, may be waived when violations are resolved in a timely and voluntary fashion.
- It is very important to communicate with the Code Enforcement Officer assigned to your case. The officer will set a schedule for compliance and will work with you throughout this process.
Code Enforcement and Building Codes staff are committed to working cooperatively with residents and property owners to resolve building code violations.
Submitting a building permit application
Depending on the nature of the code violation, one or more of the following permits, as well as plan review, may be required: building, plumbing, electrical, grading, manufactured home place, commercial mechanical or agricultural exemption (AG exempt). Permits may be applied for through our online Development Direct system.
Below is a list of documents required for each type of permit. If you need any help with submitting the needed materials, please set up an appointment to work with our staff online or make an appointment to meet with a staff member in our lobby kiosk.
Required submittal materials
Building permit
- Site plan, drawn to scale, that includes all existing structures, septic system, driveway and the proposed structure with its distance from all property lines and other structures shown
- A full set of construction plans, drawn to scale
- Any supporting documentation including but not limited to structural calculations, truss packets and beam calculations
Electrical and Plumbing
- A full set of plans, drawn to scale
- A hard copy application calling out the full scope of work in the fee schedule
Grading
- A site plan, drawn to scale, that includes all existing structures, septic system, driveway and the proposed area with its distance from all property lines and other structures shown.
- A full set of plans drawn to scale
- Any supporting documentation including, but not limited to, geotechnical reports
Commercial Mechanical
- A full set of plans drawn to scale
- The cut sheets for the equipment, for submittals with mechanical equipment
- A site plan, If the mechanical equipment is to be placed on the ground outside of the building
Manufactured home placement
- A completed permit application form
- A site plan, drawn to scale, that includes all existing structures, septic system, driveway and the proposed structure with its distance from all property lines and other structures shown
- A floor plan of the proposed home with all rooms labeled
AG Exempt
- A site plan, drawn to scale, that includes all existing structures, septic system, driveway and the proposed structure with its distance from all property lines and other structures shown
- Proof of qualification for AG Exempt such as a farm deferral, Schedule F from the IRS or a business plan, among others. See the full list of accepted documents
- A floor plan of the proposed structure with all rooms labeled with their use
Permits not requiring plan review
Three types of permits do not require plan review:
- Electrical
- Plumbing
- Residential Mechanical
All of these permits can be applied for by one of three ways below.
- In person (owner or licensed contractor): Come into the office during business hours. We will require a completed application signed by the property owner or licensed contractor and a form of payment for the permit. The permit will be processed and issued while you wait.
- Via E-mail (owner or licensed contractor): Email your application to bldservice@clackamas.us. We will require a completed and signed application and a complete credit card authorization form for payment (link to fillable forms). Once we have received all required forms, we will issue the permit within 24 hours and return it to the email address it was sent from along with any receipts for payment.
- Online (licensed contractors only with an account set up in the county’s online system): The permit will be issued through the online system once all steps are completed. Staff may add an additional investigation fee after the permit is issued. This additional fee will need to be paid before a final inspection can be done.
Please contact the building permit departments permitting staff with any questions at bldservice@clackamas.us or 503-742-4240.
Resolving structural building code violations
This information is designed to help residents and property owners who are permitting construction work that has been partially or completely constructed or installed without permits or inspections.
This applies to all forms of construction that cannot be readily seen by an inspector (i.e., concrete poured without inspections, framing and any other structural component enclosed by gypsum wallboard, and all other concealed forms of construction).
Where construction has been performed without benefit of a building plan review permit(s) and/or inspections, plans must be submitted showing conformance with the life safety provisions of the code, and the construction must be evaluated for structural soundness and conformance to the applicable codes by an Oregon licensed architect or engineer. This evaluation, along with drawings of as-built condition, must be stamped, signed and dated by the architect or engineer and presented to the Clackamas County Building Codes Division for review.
Evaluation Letter
The evaluation letter accompanying the building permit application and submittal must include the following information:
- A statement indicating the date the structure was inspected by the engineer or architect or their authorized representative.
- A statement that summarizes the findings and results of the inspection.
- A copy of the structural analysis/calculations that were used to determine structural adequacy, prepared and stamped by the architect or engineer.
- A statement indicating that the structure was built in accordance with all applicable codes and in accordance with the plans submitted to the Building Codes Division for review.
- If the structure is in need of repair or structural modifications to make it sound, a written summary of all work necessary to correct the deficiencies.
- If roof or floor trusses have been used, the manufacturer's truss details or equivalent engineering information.
- When the structural report or modifications are required, the work shall be left open and the applicant shall call for the appropriate inspections.
- If the engineer of record approves any repairs or modifications, include a stamped letter from the engineer with the description of the inspection, date, approvals and denials.
Plan review
Staff will review the plans to determine whether they meet minimum criteria for acceptance and demonstrate compliance with all applicable codes and regulations.
Permit fees
The cost of a permit is based on the calculated value of the project. An investigation fee will be assessed on verified violations for all work done before a building permit is issued. For building violations, this investigation fee is charged at the county's rate of $85 per hour, with a minimum 2-hour charge, plus the standard 12% state surcharge.
Inspection
When structural repairs or modifications are required, the work must be left open and the applicant must call for the appropriate inspections. If the engineer of record approves any repairs or modifications, a stamped letter from the engineer should state the description of the inspection, date, approvals and denials.
After permits are issued, staff will inspect the construction that is visible and not yet covered for compliance and identify any corrections that may be required in order for the project to move forward. The inspector may also require the removal of materials that impede the visual inspections.
There are now 3 convenient ways to schedule an inspection.
Our goal is to help ensure public safety by bringing buildings that have been constructed without permits into compliance with the building code. We will look at all options to reasonably assert that a building has met the code criteria.
If you have any questions, please contact Building Codes at 503-742-4240 or bldgservice@clackamas.us.
Resolving building code violations step-by-step
- Create an account in the Development Direct online system.
- Create the building/mechanical permit through Development Direct.
- Submit required plans, architect or engineer evaluation and as-built drawings.
- Pay the plan review fee (65% of the total estimated cost of the permit).
- Reply to and complete all tasks as they are posted in Development Direct, including final payment.
- Pay the balance of the permit cost and investigation fee when the permit is ready to be issued.
- Schedule an inspection. There are 3 convenient ways to schedule an inspection.
- Perform any corrective work and schedule any additional inspections.
- When all corrective work is complete, schedule a final inspection.
Resolving electrical code violations
If a violation involves electrical work on residential property in which you live, and that is not intended for sale, lease, rent or exchange, and that is not part of a commercial enterprise, you as the owner may purchase a permit and perform the necessary corrective work to bring the structure into compliance with the minimum electrical safety standards set by the Oregon Electrical Specialty Code (OESC). In all other cases, Oregon law requires electrical work to be performed by a licensed electrical contractor.
Permit fees
Electrical permit fees are based on the entire scope of work involved in the project including the number of electrical circuits added, altered or repaired and other related electrical work. An investigation fee will be assessed on verified violations for all work done before the electrical permit is issued. For electrical violations, the investigation fee is charged at the rate of $85 per hour, with a minimum 1-hour charge, plus the standard 12% state surcharge.
First inspection (cover inspection)
Your responsibilities:
- Schedule the cover inspection. There are 3 convenient ways to schedule an inspection. Please use code 120.
- Arrange to meet the inspector on the site to identify the scope of the electrical work included in the violation.
- Remove all covers from electrical receptacles, switches and other electrical boxes, and pull out electrical devices and light fixtures, and remove the panel cover. (Electrical devices and fixtures may hang by the wires.)
- Do not install sheet rock or any other covering over electrical wiring until it has been inspected and approved.
- Depending on what problems are identified during the inspection, you may be required to remove sheet rock or insulation for the inspector to make a full inspection.
The inspector's responsibilities:
- Conduct an investigation, including checking the wire termination and the make-up of the wires in each box,
- Test all devices for proper operation and grounding.
- Give you a written report of any required corrections. (Inspectors make every effort to identify all corrections the first time, but additional corrections may be needed before the electrical final can be approved.)
All corrective work must be completed, re-inspected and approved before a final inspection may take place and be approved.
Please be advised that exposed electrical wiring poses safety hazards. If you are uncomfortable doing this type of work, have pets or small children that may come in contact with exposed wiring, or are concerned about electrical safety for any other reasons, we recommend you hire a licensed electrical contractor to perform this work for you.
Final inspection
- Schedule your final inspection. There are 3 convenient ways to schedule an inspection. Please use code 199.
- Arrange to meet the inspector on site.
- The inspector will check over the list of corrections, re-inspect the corrective work and determine if minimum requirements have been met.
If you have questions about code requirements, please contact bldservice@clackamas.us.
Resolving electrical code violations step-by-step
- Obtain the required electrical permit and pay the fee and investigation fee.
- For homeowners: email the application and homeowner responsibility forms to bldservice@clackamas.us or come to our lobby on the 2nd floor of the Development Services Building, 150 Beavercreek Road, Oregon City, during business hours.
- For licensed contractors: email the forms or stop by our lobby as described above, or use our online system. (If you obtain a permit through the online system, permit staff will add investigation fees after you receive the permit, and this fee will need to be paid before the final inspection is scheduled.)
- If plan review is required for the project, submit your plans online through Development Direct.
- Remove all covers from electrical receptacles, switches and other electrical boxes; pull out devices and light fixtures; remove panel cover.
Schedule an inspection. There are 3 convenient ways to schedule an inspection. Please use code 120.
- Perform any corrective work and schedule any additional inspections if necessary.
- Schedule a final inspection using code 120.
Resolving plumbing code violations
If a violation involves plumbing work on residential property in which you live and is not part of a commercial enterprise, then you may purchase a permit and perform the corrective work needed to bring the structure into compliance with the minimum standards set by the Oregon Plumbing Specialty Code. In all other cases, Oregon laws require the work to be performed by a licensed plumbing contractor.
Permit fee
Plumbing permit fees are based on the entire scope of work in the project including the number of plumbing fixtures added, altered or repaired and all other related plumbing work. An investigation fee will be assessed on verified violations for all work done before a plumbing permit was issued. For plumbing violations, this investigation fee is charged at the rate of $85 per hour, with a minimum 1-hour charge, plus the standard 12% state surcharge.
First inspection
Your responsibilities:
- Schedule an inspection. There are 3 convenient ways to schedule an inspection. Please use code 365.
- Arrange to meet the inspector on site to identify the scope of the plumbing work included in the violation.
- Expose portions of subject piping, both interior and exterior. (If for any reason you feel uncomfortable with this requirement, we recommend you hire a licensed plumbing contractor to do the work.)
- Depending on what problems are identified during the inspection, you may be asked to remove additional sheet rock or insulation.
The inspector's responsibilities:
- Conduct an investigation.
- Prepare and give you a written report identifying the required corrections. (Inspectors make every effort to identify all corrections the first time, but additional corrections may be needed before the plumbing final inspection can be approved.)
Final inspection
- Schedule the final inspection. There are 3 convenient ways to schedule an inspection. Please use code 399.
- The inspector will check the list of corrections, re-inspect the corrective work and determine if minimum requirements have been met.
- If additional corrections are necessary, the inspector will prepare and give you a written report of any required corrections.
If you have questions about code requirements, please contact bldservice@clackamas.us.
Resolving plumbing code violations step-by-step
- Obtain required plumbing permit and pay the permit fee and investigation fee.
- For homeowners: email the application and homeowner responsibility forms to bldservice@clackamas.us or come to our lobby on the 2nd floor of the Development Services Building, 150 Beavercreek Road, Oregon City, during business hours.
- For licensed contractors: email the forms or stop by our lobby as described above, or use our online system. (If you obtain a permit through the online system, permit staff will add investigation fees after you receive the permit, and this fee will need to be paid before the final inspection is scheduled.)
- If plan review is required for the project, submit your plans online through Development Direct.
- Expose a portion of subject piping — interior and exterior — for required inspections. The amount to be exposed will depend on the scope of work and extent of the code violation.
- For structures built using slab-on-grade construction, you may choose to video the under-slab piping with an approved plumbing piping camera system rather that cutting into the concrete to expose the pipe for inspection.
- If the video shows clearly that the under-floor system is properly installed using approved materials and that the plumbing system is without defect, you will not be required to remove concrete.
- If the video shows improper materials or installation defects, you will be required to expose and repair any non-code compliant items before the county can approve the installation.
- Disconnect plumbing fixtures and provide required leak test on drainage waste and vent system. (We strongly recommend using 5 PSI air test rather than a water test to limit possible damage to structure and building contents if the test were to fail.)
- After above noted inspections and tests have been approved, fixtures can be reconnected and the county can perform a final inspection.
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