Oregon Revised Statutes

Chapter 447 — Plumbing; Architectural Barriers

88 sections

447.010 Definitions for ORS 447.010 to 447.156 and 447.992

As used in ORS 447.010 to 447.156 and 447.992, unless the context requires otherwise: “Board” means the State Plumbing Board established under ORS 693.115. “Department” means the Department of Consumer and Business Services. “Director” means the Director of the Department of Consumer and Business Services. “Journeyman plumber” has the meaning given that …

447.020 Plumbing to conform to state building code; rules; enforcement

All installations of plumbing and drainage in buildings and structures in this state and all potable water supply, drainage, and waste installations, within or serving buildings or structures, except in temporary construction camps, and except as otherwise provided in ORS 447.010 to 447.156 and 447.992, shall be made in accordance with the requirements of OR…

447.023 Small restaurant requirements

Rules adopted under ORS 447.020 shall allow restaurants with an occupancy capacity of no more than 15 persons, including employees and patrons, to have only one toilet fixture and adjacent lavatory on the premises.

447.026 Identification on potable water pipe required

All water pipe used to carry potable water sold in this state shall be clearly marked the entire length of pipe, at intervals of length set by the Director of the Department of Consumer and Business Services with the approval of the State Plumbing Board, with: Identification of the manufacturer and the plant of origin; and The manufacturing standard under …

447.030 [Amended by 1969 c.540 §1; 1973 c.734 §3; 1973 c.835 §223; 1975 c.429 §3; 1981 c.438 §32; repealed by 2005 c.758 §56]

447.033 [1955 c.548 §§3,4; 1969 c.540 §2; repealed by 1973 c.835 §234]

447.034 [1973 c.427 §2; repealed by 1981 c.438 §46]

447.035 [1955 c.548 §5; repealed by 1973 c.835 §234]

447.040 Plumbing contractor license

A person may not work as a plumbing contractor, or advertise or purport to be a plumbing contractor, and a member or employee of a firm, partnership or corporation may not engage in the layout or superintending of plumbing installations, without having obtained the plumbing contractor license required under ORS 447.010 to 447.156 as provided by State Plumbin…

447.050 [Amended by 1973 c.835 §225; 1981 c.438 §33; repealed by 2005 c.758 §56]

447.060 Engaging in certain plumbing work not affected

ORS 447.010 to 447.156 do not apply to a person: Engaging in plumbing work when not so engaged for hire. Using the services of regular employees in performing plumbing work for the benefit of property owned, leased or operated by the person. For purposes of this paragraph, “regular employee” means a person who is subject to the provisions of ORS 316.162 to…

447.065 Solar heating and cooling systems

Notwithstanding ORS 447.020, a person may not engage in the trade of installing solar heating and cooling systems unless the person possesses either a license as a journeyman plumber issued under ORS chapter 693 or a solar heating and cooling system installer license issued by the State Plumbing Board under ORS 693.111. A license issued under ORS 693.111 do…

447.070 Plumbing contractor license prerequisite to maintenance of legal action

A person carrying on, conducting or transacting a plumbing business may not maintain any suit or action in any of the courts of this state to recover for the performance of plumbing work without alleging and proving that the person was duly licensed as a plumbing contractor at the time of the work.

447.072 Plumbing permit and inspection exemptions; rules

Notwithstanding ORS 455.610, the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules to create an exemption from permit and inspection requirements for ordinary minor repairs in low-rise residential dwellings and commercial structures when the board finds that the plumbing does not involve any change…

447.076 Inspection of minor plumbing installations; rules

Notwithstanding ORS 455.610, the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules to create a mandatory inspection program for minor plumbing installations made by licensed plumbing contractors in low-rise residential dwellings. The rules adopted by the department shall: Define the term “minor pl…

447.080 City and county plumbing regulations

No city or county shall enact or enforce any ordinances or building codes providing different requirements than those imposed by the state building code for the regulation of the business of master plumbing or the installation of drainage work unless authorized by the Director of the Department of Consumer and Business Services under ORS 455.040.

447.085 [1973 c.734 §7; 1977 c.748 §1; repealed by 1981 c.438 §46]

447.090 [Repealed by 1971 c.753 §74]

447.091 Contracts with sanitary districts and authorities and service districts for inspection of building sewers

The Department of Consumer and Business Services or local government administering the plumbing specialty code adopted under ORS 447.020 (2) may, upon request of any sanitary district formed pursuant to ORS 450.005 to 450.245, sanitary authority established under ORS 450.600 to 450.989, or county service district established under ORS 451.410 to 451.610, con…

447.095 Fee schedule; inspection agreements with governmental units

Rules adopted under ORS 447.020 shall provide a plumbing inspection fee schedule. The schedule shall establish inspection fees for inspections made by the Department of Consumer and Business Services under ORS 447.010 to 447.156, 447.992 and 455.610 to 455.630 based on the cost of making inspections as measured by the time required of the inspector. Plumbin…

447.097 Disposition of moneys received under ORS 447.010 to 447.156 and 447.992

All moneys received by the Department of Consumer and Business Services under ORS 447.010 to 447.156 and 447.992 shall be disposed of in accordance with ORS 693.165. (Fixture Installation Regulations)

447.100 Restriction on tank-type water closets in certain buildings

No new hotel, motel, apartment house, dwelling, office building or other structure shall be constructed which employs a tank-type water closet that is not approved by the Director of the Department of Consumer and Business Services, with the approval of the State Plumbing Board, as meeting adequate standards of safety and sanitation. The director, with the …

447.105 [1977 c.171 §3; 1981 c.438 §37; repealed by 1987 c.453 §1]

447.110 [Amended by 1963 c.194 §1; 1969 c.443 §1; 1973 c.835 §229; repealed by 1973 c.834 §46]

447.115 “Compost toilet” defined

As used in ORS 447.118 and 447.124, “compost toilet” means a permanent, sealed, water-impervious toilet receptacle screened from insects, used to receive and store only human wastes, urine and feces, toilet paper and biodegradable garbage, and ventilated to utilize aerobic composting for waste treatment.

447.118 Standards for compost toilets; rules; security required of certain installers

Nothing in ORS 447.010 to 447.156 and 447.992 shall prohibit the installation of a compost toilet for a dwelling by the occupant of the dwelling if the compost toilet complies with the minimum requirements established under this section. Rules adopted under ORS 447.020 shall provide minimum requirements for the design, construction, installation and mainten…

447.120 [Amended by 1963 c.194 §2; 1969 c.443 §2; 1973 c.835 §230; repealed by 1973 c.834 §46]

447.124 Inspection of compost toilets; orders to remedy violations; action against security bond; review of orders; costs as lien against dwelling

For the purpose of enforcing ORS 447.118 and the rules adopted thereunder, the Department of Consumer and Business Services, with the assistance of the Oregon Health Authority: May conduct periodic inspections of any compost toilet; Upon making a finding that a compost toilet is in violation of the rules adopted pursuant to ORS 447.118 (2), may issue an or…

447.130 [Repealed by 1973 c.834 §46]

447.135 [1967 c.308 §§2,3,4; 1983 c.676 §29; renumbered 480.557]

447.140 Waste water and sewage from plumbing fixtures; requirements; prohibitions

All waste water and sewage from plumbing fixtures shall be discharged into a sewer system or alternate sewage disposal system approved by the Environmental Quality Commission or Department of Environmental Quality under ORS chapters 468, 468A and 468B. No plumbing fixture, device or equipment shall be installed, maintained or offered for sale which will pro…

447.145 Standards for fixtures; exemptions; rules

All new fixtures approved for installation during construction, reconstruction, alteration and repair of buildings and other structures under ORS 447.020 shall comply with rules adopted by the Director of the Department of Consumer and Business Services. The rules shall be consistent with performance requirements and test procedures established by the Americ…

447.150 [1969 c.452 §1; repealed by 1979 c.57 §3]

(Plumbing Products Regulations)

447.152 Plumbing products rules; standards; certification

In compliance with ORS chapter 183, the Director of the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules, including but not limited to: Governing minimum safety standards for design and construction of plumbing products to be sold or disposed of in this state. Establishing procedures for certifi…

447.154 Plumbing product exemption; rules; installation

The State Plumbing Board may, by rule, grant partial or complete exemptions from any of the provisions of ORS 447.010 to 447.156 and 455.010 to 455.740 to any plumbing product if it is determined that the plumbing product does not present a danger to the health and safety of the people of this state. If the board grants an exemption pursuant to subsection (…

447.156 Sale of uncertified plumbing products prohibited; rules; remedy of purchaser

Except as provided under ORS 447.154 and subsection (3) of this section, no person shall offer to sell, sell or dispose of, by gift or otherwise, in connection with the person’s business an uncertified plumbing product. The provisions of ORS 447.152, 447.154 and 447.156 do not apply to products determined by rule not to be plumbing products. In addition to…

447.160 [1981 c.438 §44; 1999 c.846 §1; repealed by 2001 c.411 §31]

STANDARDS AND SPECIFICATIONS FOR ACCESS BY PERSONS WITH DISABILITIES

447.210 Definitions for ORS 447.210 to 447.280

As used in ORS 447.210 to 447.280, unless the context requires otherwise: “Affected buildings” includes any place of public accommodations and commercial facilities designed, constructed and altered in compliance with the accessibility standards established by the Americans with Disabilities Act. “Affected buildings” also includes any government building th…

447.220 Purpose

It is the purpose of ORS 447.210 to 447.280 to make affected buildings, including but not limited to commercial facilities, public accommodations, private entities, private membership clubs and churches, in the state accessible to and usable by persons with disabilities, as provided in the Americans with Disabilities Act, and to make covered multifamily dwel…

447.230 Standards and specifications to eliminate architectural barriers

The Director of the Department of Consumer and Business Services shall, pursuant to ORS 455.030 and ORS chapter 183, establish standards and specifications in the structural code necessary to eliminate architectural barriers to entry to and use of affected buildings and their related facilities by persons who have disabilities. The director shall, to assist…

447.231 Rules to eliminate architectural barriers

Notwithstanding any other provision of law and the authority of any board within the Department of Consumer and Business Services, the Director of the Department of Consumer and Business Services shall adopt rules to conform the state building code to the Americans with Disabilities Act and the Fair Housing Act and the regulations adopted thereunder. In addi…

447.233 Accessible parking space requirements; inspection of spaces; violation

The Director of the Department of Consumer and Business Services shall include in the state building code, as defined in ORS 455.010, a requirement that the number of accessible parking spaces specified in subsection (2) of this section be provided for affected buildings subject to the state building code and that the spaces be signed as required by subsecti…

447.235 [1973 c.539 §11; 1989 c.224 §112; repealed by 1993 c.503 §14]

447.240 [1971 c.320 §4; 1973 c.539 §4; 1973 c.540 §1; 1974 c.36 §14; 1989 c.224 §113; repealed by 1993 c.503 §14]

447.241 Standards for renovating, altering or modifying certain buildings; barrier removal improvement plan

Every project for renovation, alteration or modification to affected buildings and related facilities that affects or could affect the usability of or access to an area containing a primary function shall be made to insure that, to the maximum extent feasible, the paths of travel to the altered area and the rest rooms, telephones and drinking fountains servi…

447.243 [1973 c.539 §6; 1989 c.224 §114; repealed by 1993 c.503 §14]

447.245 [1973 c.539 §17; 1973 c.540 §3; repealed by 1993 c.503 §14]

447.247 Elevators required; criteria; rules

Elevators are required: In all shopping centers, shopping malls, professional offices of health care providers and government buildings that are covered by Title II of the Americans with Disabilities Act; In all other commercial facilities, private entities and places of public accommodation covered by Title III of the Americans with Disabilities Act that …

447.250 Waiver or modification of standards and specifications; appeals board; procedures; fees

When a person or governmental entity undertaking the construction, renovation, alteration or modification of an affected building or its related facilities determines that a particular standard or specification exceeds the standards or specifications imposed by the Americans with Disabilities Act and the Fair Housing Act, and that full compliance with the st…

447.255 Access to lottery-funded facilities by persons with disabilities

It is the intent of the Legislative Assembly that any affected buildings, the construction costs of which are paid for in whole or in part by lottery funds, shall be accessible to and usable by persons with disabilities in the manner prescribed in ORS 447.210 to 447.280. Promotional and marketing programs described by this section shall promote and identify…

447.260 Rules

The Director of the Department of Consumer and Business Services may promulgate rules reasonably necessary to implement and enforce ORS 447.210 to 447.280 as part of the structural code including, but not limited to, rules authorizing the director to waive or modify any standards and specifications with respect to work on affected buildings and their related…

447.270 Cooperation with public officials and agencies required

The Director of the Department of Consumer and Business Services or the designated representative of the director shall cooperate with and receive the assistance of all persons, all appropriate elective or appointive public officials and all state or governmental agencies in carrying out the responsibilities of the director under ORS 447.210 to 447.280.

447.275 Nonliability for emergency exit deficiencies

Architects, engineers or other persons designing buildings; contractors and other persons erecting buildings; building officials, plans examiners, inspectors, the Director of the Department of Consumer and Business Services, the State Fire Marshal, State Fire Marshal deputies, municipal fire marshals or municipal deputies inspecting buildings; or a municipal…

447.280 Enforcement powers

The provisions of ORS 447.210 to 447.280 and rules adopted under them shall be considered part of the state building code and violations shall be subject to the provisions of ORS 455.450.

447.310 Standards for curbing

The standard for construction of curbs on each side of any city street, county road or state highway, or any connecting street, road or highway for which curbs and sidewalks have been prescribed by the governing body of the city or county or Department of Transportation having jurisdiction thereover, shall require not less than two curb cuts or ramps per lin…

447.610 [1957 c.278 §1; repealed by 1979 c.57 §3]

447.620 [1957 c.278 §§2,13,22; repealed by 1979 c.57 §3]

447.630 [1957 c.278 §3; repealed by 1979 c.57 §3]

447.640 [1957 c.278 §4; repealed by 1979 c.57 §3]

447.650 [1957 c.278 §6; repealed by 1979 c.57 §3]

447.660 [1957 c.278 §§5,7,9,10; repealed by 1979 c.57 §3]

447.670 [1957 c.278 §8; repealed by 1979 c.57 §3]

447.680 [1957 c.278 §§11,12; repealed by 1979 c.57 §3]

447.690 [1957 c.278 §§14,15,16; repealed by 1979 c.57 §3]

447.700 [1957 c.278 §§17,18; repealed by 1979 c.57 §3]

447.710 [1957 c.278 §19; repealed by 1979 c.57 §3]

447.720 [1957 c.278 §17; repealed by 1979 c.57 §3]

447.730 [1957 c.278 §20; repealed by 1979 c.57 §3]

447.800 [1975 c.677 §1; 1977 c.58 §1; 1981 s.s. c.10 §1; 1983 c.42 §1; renumbered 284.800 in 1987]

447.805 [1975 c.677 §2; 1981 c.754 §1; renumbered 284.805 in 1987]

447.810 [1975 c.677 §2a; renumbered 284.810 in 1987]

447.815 [1975 c.677 §2b; 1981 c.754 §2; renumbered 284.815 in 1987]

447.820 [1975 c.677 §3; 1983 c.573 §1; renumbered 284.820 in 1987]

447.825 [1975 c.677 §4; 1977 c.58 §2; renumbered 284.825 in 1987]

447.830 [1975 c.677 §5; repealed by 1977 c.58 §3; (447.831 and 447.834 enacted in lieu of 447.830)]

447.831 [1977 c.58 §4 (enacted in lieu of 447.830); renumbered 284.831 in 1987]

447.834 [1977 c.58 §5 (enacted in lieu of 447.830); renumbered 284.834 in 1987]

447.835 [1975 c.677 §6; 1977 c.58 §6; renumbered 284.835 in 1987]

447.840 [1975 c.677 §7; 1977 c.58 §7; renumbered 284.840 in 1987]

447.845 [1975 c.677 §8; 1981 c.754 §3; renumbered 284.845 in 1987]

447.850 [1975 c.677 §9; 1977 c.58 §8; renumbered 284.850 in 1987]

447.855 [1975 c.677 §9a; renumbered 284.855 in 1987]

447.860 [1975 c.677 §10; renumbered 284.860 in 1987]

447.865 [1975 c.677 §11; 1977 c.58 §9; renumbered 284.865 in 1987]

447.875 [1977 c.319 §1; renumbered 284.875 in 1987]

447.880 [1977 c.319 §2; renumbered 284.880 in 1987]

447.990 [Subsection (2) enacted as 1957 c.278 §21; 1973 c.734 §4; 1973 c.835 §232; 1979 c.57 §2; repealed by 1981 c.438 §46]

PENALTIES

447.992 Civil penalties

The State Plumbing Board may impose a civil penalty for a violation of ORS 447.010 to 447.156 and 447.992 or rules adopted for the administration and enforcement of those sections. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895. _______________