The following building permit exemptions apply to RESIDENTIAL projects only per Lane County Code Chapter 11.010 (1) which adopted the 2017 Oregon Residential Specialty Code sections R101.2 and R105.
Exemption from building permits does not eliminate the owner’s obligation to obtain any and all applicable zoning/land use or sanitation approvals prior to beginning work.
For clarifications to this handout, please contact the Building Program.
BUILDING PERMITS:
R105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.
R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this municipality. Permits shall not be required for the following:
- Nonhabitable one-story detached accessory structures, provided that the floor area does not exceed 200 square feet (18.58 m²) and does not exceed a height of 15 feet measured from grade plane to the average height of the highest roof face.
Exception: Where the structure is located on a parcel of 2.0 acres or greater in area, and the structure is located a minimum of 20 feet (6096 mm) from all property lines, floor area may be increased to 400 square feet (37.16 m²).
- Except for barriers around swimming pool as required in ICC Swimming Pool and Spa Code, fences not over 7 feet (2134 mm) high and typical field fencing not over 8 feet (2438 mm) high where constructed of woven wire or chain link.
- Retaining walls that do not support a regulated building, do not retain material which, if not restrained, could impact a regulated building.
- Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
- Concrete sidewalks, slabs, platforms, and driveways.
- Painting, papering, tiling, carpeting, cabinets, counter tops, interior wall, floor or ceiling covering and similar finish work.
- Prefabricated swimming pools accessory to a Group R-3 Occupancy where the pool walls are entirely above the adjacent grade. Barrier requirements found in ICC Swimming Pool and Spa Code are not exempt.
- Swings and other playground equipment.
- Patio covers, deck covers and patio covers as defined in AH102, not more than 200 square feet (18.58 m²) in floor area and not closer than 3 feet (914 mm) to lot lines.
- Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
- Nonbearing partitions, except when such partitions create habitable rooms.
- Replacement or repair of siding not required to be fire resistive.
- Retrofitted insulation.
- Masonry repair.
- Porches and decks, where the floor or deck is not more than 30 inches (762 mm) above the adjacent grade measured at any point within 3 feet (914 mm) 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 (914 mm) to property lines.
- Gutters and downspouts
- Door and window replacements (where no structural member is changed).
- Re-roofing where the replacement or repair of roofing does not exceed 30 percent of the required live load design capacity and the roof is not required to be fire resistive
Exceptions:
- Permits for re-roofing are required for structures in wildfire hazard zones as provided in Section R327; and
- Structures falling within the scope of Section R302.2
- Permits for re-roofing are required where more than 15 percent of the existing space sheathing is removed to facilitate the installation of new sheathing.
- Plastic glazed storm windows.
- Framed-covered nonhabitable accessory buildings not more than 500 square feet (46.45 m²) in area, one story in height and not closer than 3 feet (914 mm) to a property line, where the structure is composed of a rigid framework that supports a fabric membrane.
- Ground mounted flagpoles, antennae, and similar items that do not exceed 25 feet in height.
- Ground mounted solar arrays that are less than 10 feet in vertical height from grade at the highest point.
Unless otherwise exempted, separate plumbing, electrical and mechanical permits may be required for the above exempted items. In addition, all new construction and substantial improvements (including the placement of prefabricated buildings and certain building work exempt from permit under Section R105.2) shall be designed and constructed with methods, practices, and materials that minimize flood damage in accordance with this code, FEMA regulations and ASCE 24.
For the complete text of the Residential Specialty Code, including the section on Work Exempt from Permit (R105.2), go to: https://codes.iccsafe.org/content/ORRSC2017
ELECTRICAL PERMITS - The following electrical work activities are exempt from electrical permits (electrical permits are issued separate from building permits) per Oregon Administrative Rules, Division 309 918-309-0000:
- To replace a light bulbs, fluorescent tubes, or approved fuses, or to connect approved portable electrical equipment to permanently installed and properly wired receptacles;
- For experimental electrical work or testing of electrical products in testing laboratories of electric shops, educational institutions, industrial plants, or recognized testing laboratories;
- For those minor electrical installations for which the board has authorized an installation label;
- To install components exempted by OAR 918, division 261;
- To replace an existing garbage disposal, dish washer, electrical water heater or similar appliance* of 30 amps or less, single phase*; or
- To install cord and plug connected Class 2 irrigation control systems.
*Appliances, as defined, does not include the replacement, alteration, or new installation of HVAC equipment.
MECHANICAL PERMITS - The following mechanical items are exempt from permits per R105 ORSC:
- Portable heating appliances, cooking or clothes drying appliances.
- Portable ventilation
- 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
- Portable evaporative coolers.
- Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
- Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
PLUMBING PERMITS - The following plumbing work activities are exempt from building permits per Oregon Plumbing Specialty Code:
- The stopping of leaks or repairing freeze damage in drains, soil, waste, or vent pipe not exceeding five feet of new piping, provided the repair or replacement does not involve any changes or alteration to the existing plumbing system.
- The clearing of stoppages, including the removal and reinstallation of water closets, or the repairing of leaks in pipes, valves, or fixtures, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.