Oregon Revised Statutes
As used in this chapter, unless the context requires otherwise: “Advisory board” means the board with responsibility for assisting in the adoption, amendment or administration of a specialty code, specifically: The Building Codes Structures Board established under ORS 455.132; The Electrical and Elevator Board established under ORS 455.138; The State Plu…
The Legislative Assembly finds and declares that: It is in the best interests of this state that construction-related development activities proceed in a manner that is as quick and efficient as practicable; Ensuring that construction-related development activities proceed quickly and efficiently requires a flexible and responsive system for state building…
This chapter is enacted to enable the Director of the Department of Consumer and Business Services to promulgate a state building code to govern the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein, and to require the correction of unsafe conditions caused b…
All moneys deposited to the Consumer and Business Services Fund that are derived pursuant to ORS 455.240 or 460.370, or from state building code or specialty code program fees for which the amounts are established by Department of Consumer and Business Services rule pursuant to ORS 455.020 (2), are continuously appropriated to the department for carrying out…
The Department of Consumer and Business Services may enter into interagency agreements with the Construction Contractors Board for the board to perform duties on behalf of the department under ORS 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945 or 480.510 to 480.670, this chapter or ORS chapter 447, 460 or 693 regarding: Licenses, registrations a…
Subject to any requirement for approval by the appropriate advisory boards, the Director of the Department of Consumer and Business Services may adopt, amend or repeal rules for carrying out the responsibilities of the Department of Consumer and Business Services to develop, implement, administer and enforce a program that relates to the state building code …
Any rule adopted under this chapter or ORS 447.010 to 447.156 and 447.992 or 479.510 to 479.945 and 479.995 shall not become effective on a date other than January 1, April 1, July 1 or October 1. Notwithstanding subsection (1) of this section, a rule adopting construction standards, materials, practices or provisions under the state building code may becom…
The state building code shall be applicable and uniform throughout this state and in all municipalities, and no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed by the state building code but which provides different requirements unless authorized by the Director of the Department of Consumer and …
The Director of the Department of Consumer and Business Services shall establish regions for all areas of the state to carry out the uniform administration of the state building code. The director shall assign Department of Consumer and Business Services employees for the regions as necessary to: Promote consistent interpretation of the state building code;…
The Department of Consumer and Business Services may establish and staff a Tri-County Building Industry Service Center to make available to licensed contractors and their employees, local governments and the public the resources and services described in ORS 455.042 and 455.046. The Director of the Department of Consumer and Business Services may adopt by r…
The Department of Consumer and Business Services shall: Develop and administer an installation label program for minor installations under the state building code, including but not limited to electrical installations under ORS 455.627, 479.540 and 479.570 and plumbing installations under ORS 447.076; Develop standard application forms and procedures for u…
In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services may adopt rules necessary for the implementation of ORS 455.044 and 455.046. Note: See note under 455.044.
All building permits issued in this state shall contain the following information: The name and address of the owner of the building or structure to be constructed or altered under the permit; The name and address of the builder or contractor, if known, who will perform the construction or alteration; and The street address and legal description or tax lo…
The Director of the Department of Consumer and Business Services may adopt rules establishing uniform permit, inspection and certificate of occupancy requirements under the state building code. The rules may include, but need not be limited to, rules establishing standards for building inspections and inspection procedures and rules establishing uniform form…
Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a …
Any person who desires to use or furnish any material, design or method of construction or installation in the state, or any building official, may request the Director of the Department of Consumer and Business Services to issue a ruling with respect to the acceptability of any material, design or method of construction about which there is a question under…
A Department of Consumer and Business Services employee acting within the scope of that employment may provide typical drawings and specifications: For structures of a type for which the provision of technical submissions is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and exempted under ORS 672.060 from the registration require…
The Department of Consumer and Business Services may designate a process by which an applicant for a building permit for a residential structure of a type described in ORS 197A.408 (4)(a) to (c) may receive building construction plan approval from the municipality, including through the use of: Typical drawings and specifications created by the department u…
Notwithstanding any provision of this chapter or ORS chapter 460, 479, 480 or 693, the Director of the Department of Consumer and Business Services may establish by rule alternative regulatory options for emerging technologies without the approval of advisory boards. Before adopting rules under this section, the director shall consult with the chairperson of…
For the purposes of this section, “winery” means a facility used primarily for the commercial production of wine or cider, including but not limited to areas used for production, shipping and distribution, wholesale and retail sales, tasting, crushing, fermenting, blending, aging, storage, bottling, administrative functions and warehousing. In adopting any …
Any person may report a suspected violation of the state building code that poses an imminent threat to public health or safety to the local building official or, where the code is state-administered, to the Department of Consumer and Business Services. The complaint shall be in writing and submitted under rules adopted by the department. The rules of the de…
Notwithstanding ORS 455.630 (2), any inspector, including a specialty code inspector licensed under ORS 455.457, authorized by ORS 455.150 or 455.153 to determine compliance with the requirements of the state building code or any specialty code under this chapter may, in accordance with a compliance program as described in ORS 455.153 (2), require any person…
If the Department of Consumer and Business Services has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of the state building code or of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693 or …
The Director of the Department of Consumer and Business Services shall, upon receipt of adequate funds under subsection (2) of this section, publish all state building code provisions relating to the design, construction, prefabrication, equipment or appliance installation, quality of materials, use and occupancy location and repair of detached low-rise resi…
The Department of Consumer and Business Services may identify the resources necessary to develop a system or network that provides electronic access to building codes information and services for all building code jurisdictions in the state. The department may explore the availability of alternative means for establishing a statewide system or network for bu…
As used in ORS 455.095, 455.097 and 455.185, “construction-related” means consisting of, or involving the approving, enabling, expediting or facilitating of, the alteration, construction, demolishing, development, improvement, inspection, moving, operation, repair or wrecking of, or the addition to or subtraction from, public improvements, real property or a…
The Department of Consumer and Business Services shall develop and implement a system that provides electronic access to building codes information. The department shall permit and assist municipalities that administer and enforce building inspection programs to have access to and use the system. The department may also make the system available for use by …
As used in this section, “form and format”: Means the arrangement, organization, configuration, structure or style of, or method of delivery for, providing required information or providing the substantive equivalent of required information. Does not include altering the substance of information or the addition or omission of information. The department s…
The Department of Consumer and Business Services shall adopt rules to establish minimum standards and statewide consistency in electronic processes for reviewing plans, issuing permits and performing field inspections. Note: 455.098 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein …
The Director of the Department of Consumer and Business Services shall have general supervision over the administration of the state building code regulations, including providing statewide interpretations for the plumbing, elevator, electrical, manufactured structures, boiler, amusement ride, structural, mechanical, low-rise residential dwelling and prefabr…
Except as otherwise provided by ORS 479.015 to 479.200, 479.210 to 479.220, 479.510 to 479.945, 479.990 and 479.995 and ORS chapters 446, 447, 460, 476 and 480: The Director of the Department of Consumer and Business Services shall coordinate, interpret and generally supervise the adoption, administration and enforcement of the state building code. The dir…
Notwithstanding any other provision of this chapter, the Director of the Department of Consumer and Business Services may initiate the adoption of rules the director considers necessary to interpret, harmonize, streamline, adjust, promote consistency within, reduce confusion regarding, administer or enforce the state building code or any requirement for a li…
Except as provided in subsection (3) of this section, a regulatory body listed in subsection (2) of this section may adopt rules to administer the licensing, certification or registration of persons regulated by the body. The rules adopted under this section may include, but need not be limited to: The form and content of an application for issuance or rene…
The Director of the Department of Consumer and Business Services, with the approval of the appropriate advisory boards, shall establish a system that allows a contractor or business possessing two or more licenses described in subsection (2) of this section to have an approved combination of those licenses issued or renewed simultaneously. Notwithstanding a…
As used in this section, “person” includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company. In addition to any other sanct…
As used in this section, “person” includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company. The Director of the Department…
As used in this section, “relative” means an individual related within the third degree as determined by the common law, a spouse, an individual related to a spouse within the third degree as determined by the common law or an individual in an adoptive relationship within the third degree as determined by the common law. Subject to ORS chapter 183, a regula…
No operative statutory text appears at this designation in the selected edition.
There is established in the Department of Consumer and Business Services a Building Codes Structures Board consisting of 11 members. The Building Codes Structures Board shall assist the Director of the Department of Consumer and Business Services in administering the structural, prefabricated structures and energy programs described in this chapter and the …
There is established a Residential and Manufactured Structures Board consisting of 11 members appointed by the Governor. The members of the board shall assist the Director of the Department of Consumer and Business Services in administering the low-rise residential dwelling program described in this chapter. The board must consist of: One contractor speci…
There is established in the Department of Consumer and Business Services an Electrical and Elevator Board consisting of 15 members. The Electrical and Elevator Board shall assist the Director of the Department of Consumer and Business Services in administering the electrical program described in ORS 479.510 to 479.945 and 479.995 and the elevator program de…
There is established a Mechanical Board consisting of 10 members appointed by the Governor. The members of the board shall assist the Director of the Department of Consumer and Business Services in administering the code adopted pursuant to ORS 455.020 for mechanical devices and equipment. The board must consist of: One representative of the plumbing indu…
The Building Codes Structures Board, the Electrical and Elevator Board, the Residential and Manufactured Structures Board and the Mechanical Board shall each be organized and governed as described in this section. The term of office of each member is four years and a member is not eligible for appointment to more than two full terms of office. The Governor …
The Electrical and Elevator Board established in ORS 455.138, the Board of Boiler Rules established in ORS 480.535 and the State Plumbing Board established in ORS 693.115 shall each meet at least four times per year at times and places specified by the Director of the Department of Consumer and Business Services after consultation with the board, or at times…
A municipality that assumes the administration and enforcement of a building inspection program shall administer and enforce the program for all of the following: The state building code, as defined in ORS 455.010, except as set forth in paragraph (b) of this subsection. Manufactured dwelling installation requirements under ORS 446.155, 446.185 (1) and 446…
Except as provided in subsection (15) of this section, a municipality that assumes the administration and enforcement of a building inspection program prior to January 1, 2002, may administer and enforce all or part of a building inspection program. A building inspection program: Is a program that includes the following: The state building code, as defined…
A municipality, 10 or more persons or an association with 10 or more members may file objections to a municipality’s assumption of a building inspection program. The objections must be filed within 30 days after the Director of the Department of Consumer and Business Services gives notice of the application. The director, by rule, shall establish a process …
A municipality may administer any specialty code or building requirements as though the code or requirements were ordinances of the municipality if the municipality is authorized to administer: The specialty code under ORS chapter 447 or 455 or ORS 479.510 to 479.945 and 479.995. Mobile or manufactured dwelling parks requirements adopted under ORS 446.062.…
Notwithstanding ORS 447.076, 455.627, 479.560 and 479.565, the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, may establish special alternative permit and inspection programs for any installations or equipment regulated under the state building code. The alternative programs may include, but need not be li…
Notwithstanding ORS 447.076, 455.627, 479.560 and 479.565, the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, may establish a statewide permitting and inspection system for minor construction work. Every municipality that administers and enforces a building program under ORS 455.148 or 455.150 must recogni…
Notwithstanding any other provision of this chapter, ORS chapter 693 or ORS 447.010 to 447.156, 447.992, 479.510 to 479.945, 479.990 or 479.995, the Department of Consumer and Business Services shall carry out the provisions of this section. A municipality that establishes a building inspection program under ORS 455.148 or a plumbing inspection program unde…
The Legislative Assembly finds and declares that enforcement of the state building code in a fair, equitable and uniform manner throughout this state is a matter of state concern. If a municipality administers a building inspection program under ORS 455.148 or 455.150, a monetary penalty assessed under the program for a violation must be assessed as a civil…
As used in this section: “Public body” has the meaning given that term in ORS 174.109. “Work on a structure” means the construction, reconstruction, alteration or repair of a structure. A public body that administers and enforces a building inspection program shall ensure that a person required to be licensed under a provision of ORS 446.003 to 446.200, 4…
The municipality that is responsible for state building code administration and enforcement in a municipality pursuant to ORS 455.148 or 455.150, or the Department of Consumer and Business Services if the department is responsible for state building code administration and enforcement pursuant to ORS 455.148 or 455.150, may not engage in a pattern of conduct…
As used in this section: “Form and format” has the meaning given that term in ORS 455.097. “Standards” means the content, processing, form and format of building codes information collected and maintained by municipalities. The Department of Consumer and Business Services may adopt rules establishing building codes information standards for municipalities…
The Director of the Department of Consumer and Business Services shall delegate to any municipality that requests any of the authority, responsibilities and functions of the director relating to recreation parks, organizational camps and picnic parks as defined in ORS 446.310, including but not limited to plan review and inspections, if the director determin…
As used in this section: “Conditions of development” means requirements that, as part of a residential subdivision, a developer, declarant or owner must construct public improvements that are contained in: A development agreement under ORS 94.504 to 94.528; Conditions of approval under ORS 92.040, 215.416 or 227.175; or Any other agreement with, or condi…
A city or county shall not refuse to issue or otherwise deny a building permit, development permit, plumbing permit, electrical permit or other similar permit to any person applying for the permit solely because the applicant has contracted for the performance of services by a contractor, subcontractor, supplier or other person who is subject to the business…
Notwithstanding ORS 455.148, 455.150 and 455.153, upon request by one or more municipalities and with the consent of all affected parties, the Director of the Department of Consumer and Business Services may enter into an agreement for the Department of Consumer and Business Services to uniformly administer and enforce all or a portion of a building inspecti…
An agreement under ORS 455.185 may provide for the parties to the agreement to share any fee revenue generated by the administration and enforcement of the agreement and to expend the fee revenue anywhere within the geographic area covered by the agreement. Notwithstanding ORS 455.210, if an agreement under ORS 455.185 provides for the Department of Consume…
No operative statutory text appears at this designation in the selected edition.
Subject to ORS 293.235 to 293.245, 293.250, 293.260 to 293.280, 293.285 and 293.293 and any rules adopted under ORS 293.235 to 293.245, 293.250, 293.260 to 293.280, 293.285 and 293.293, and notwithstanding ORS chapter 240, 276, 282, 283, 291 or 292 or other provisions of ORS chapter 293 or the rules adopted under ORS chapter 240, 276, 282, 283, 291 or 292, e…
If the Department of Consumer and Business Services assumes the administration and enforcement of a building inspection program that has been surrendered or abandoned by a municipality, and immediately prior to the surrender or abandonment the municipality was charging a fee adopted under ORS 455.210 (3) that was different from the fee authorized under ORS 4…
Notwithstanding any surcharge use described in ORS 455.210 (4), the Director of the Department of Consumer and Business Services may use moneys from surcharges imposed under ORS 455.210 (4) for the purpose of paying the Department of Consumer and Business Services’ costs of carrying out the administration and enforcement of the state building code within an …
The Director of the Department of Consumer and Business Services: May adopt rules, establish policies and procedures and take other actions the director considers reasonable or expedient for carrying out agreements under ORS 455.148 (13), 455.150 (13) or 455.185 and any duties, functions and powers of the director or the Department of Consumer and Business …
As used in ORS 455.202 to 455.208: “Building official” has the meaning given that term in ORS 455.715. “Contract building official” means an owner, manager or employee of a person that the Director of the Department of Consumer and Business Services has licensed to perform specialty code inspections and plan reviews under ORS 455.457 and that engages in th…
A municipality may enact or adopt an ordinance or resolution or take another legislative action to ratify the discretionary decisions that a contract building official made before January 1, 2022. If a municipality ratifies a discretionary decision that a contract building official made on behalf of the city as part of the administration and enforcement of …
A building official, a contract building official, an inspector, a plan reviewer or another person that provides building inspection services under contract with a municipality is a public official for the purposes of ORS chapter 244. In addition to and not in lieu of the authority of the Oregon Government Ethics Commission, the Director of the Department o…
A city that intends to continue to procure services from a contract building official shall, on or after January 1, 2022: Comply with ORS 455.202; and Submit an updated operating plan to the Director of the Department of Consumer and Business Services that outlines the city’s plan for compliance with ORS 455.202. A city that does not comply with ORS 455.2…
Fees shall be prescribed as required by ORS 455.020 for plan review and permits issued by the Department of Consumer and Business Services for the construction, reconstruction, alteration and repair of prefabricated structures and of buildings and other structures and the installation of mechanical heating and ventilating devices and equipment. The fees may …
There is hereby imposed a surcharge in the amount of one percent of the total building permit fees or, if the applicant chooses to pay an hourly rate instead of purchasing a permit, one percent of the total hourly charges collected in connection with the construction of, or addition or alteration to, buildings and equipment or appurtenances. Up to one-half o…
Except as otherwise provided by law, all moneys appropriated or credited to the Consumer and Business Services Fund and received under this chapter, ORS 447.010 to 447.156, 447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to 479.945, 479.995, 480.510 to 480.670 and ORS chapter 693 hereby are appropriated continuously for and shall be used by the dire…
All revenues derived from the sale of publications of the Department of Consumer and Business Services relating to building codes shall be deposited in the Consumer and Business Services Fund. Moneys credited to the Consumer and Business Services Fund under subsection (1) of this section are continuously appropriated to the department for use as provided in…
It is not the purpose of this chapter to require that permits be obtained or fees be paid for repairs and maintenance that do not violate the intent of the structural and fire and life safety specialty provisions of the State of Oregon Structural Specialty Code and the Low-Rise Residential Dwelling Code, adopted pursuant to ORS 455.020 and 455.610, ORS chapt…
Except as provided in subsection (2) of this section, if the manufacturer intends a structure manufactured in this state to be for delivery in another state, the Director of the Department of Consumer and Business Services may not require that: The structure conform to the state building code. An inspector provide plan approvals and inspections pursuant to…
The provisions of this chapter do not authorize the application of a state structural specialty code to any agricultural building, agricultural grading, equine facility or dog training facility. As used in this section: “Agricultural building” means a structure located on a farm or forest operation and used for: Storage, maintenance or repair of farm or f…
As used in this section, unless the context requires otherwise: “Owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll which person has not taken advantage of the exemptions under subsection (2) of this section during the five years prior to applying…
As used in ORS 455.325 to 455.350, unless the context requires otherwise: “Owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll. “Owner-built dwelling and outbuildings” means a single-family residence and adjacent auxiliary structures the component…
Notwithstanding ORS 455.040, a county may by ordinance: Exempt owner-built dwellings and outbuildings in any rural area within that county from compliance with the structural code, except as provided in ORS 455.340; and Establish maximum value or size limitations for structures exempted from the structural code under subsection (1) of this section.
A county exempting owner-built dwellings and outbuildings in rural areas from the structural code under ORS 455.330 shall designate those rural areas upon publicly available maps of readable scale showing individual property lines. A county ordinance under ORS 455.330 shall provide that no person shall receive a building permit in that county for an exempt …
No county shall exempt any building from requirements of the structural code relating to: Fire egress, fire retardant, smoke alarms and smoke detectors; Maximum bending stress allowed by the structural code for structural members; or Insulation and energy conservation.
Permit, fee, plan check and inspection requirements required by ORS 455.210 shall apply to owner-built dwellings and outbuildings exempted from the structural code under ORS 455.330. Building officials or specialty code inspectors licensed under ORS 455.457 inspecting structures exempted from the structural code under ORS 455.325 to 455.350, shall: Require…
An individual who purchases an owner-built dwelling or outbuilding exempted from the structural code under ORS 455.325 to 455.350 from an owner who has not complied with ORS 455.345 (3) or (4) shall have a cause of action against the seller, within two years of the date of making the sale contract, for actual damages, if any. Noncompliance with ORS 455.345 …
The Director of the Department of Consumer and Business Services shall, by rule: Prohibit the installation of thermostats that contain mercury in commercial and residential buildings. The director may not, under rules developed pursuant to this paragraph, prohibit the installation of thermostats that contain mercury on industrial equipment used for safety c…
As used in this section, “carbon monoxide alarm” has the meaning given that term in ORS 105.836. A carbon monoxide alarm is required in a structure that: Is new construction or that undergoes reconstruction, alteration or repair for which a building permit is required; and Is identified under the structural specialty code as a residential Group R structur…
The Building Codes Structures Board and the Residential and Manufactured Structures Board shall adopt design and construction standards for mitigating radon levels in new residential buildings that are identified under the structural specialty code as Group R-2 or R-3 buildings and new public buildings. In adopting the standards, the boards shall give consid…
Notwithstanding the provisions of ORS 455.148 and 455.150, the Department of Consumer and Business Services is the final authority in interpretation, execution and enforcement of state and municipal administration of building codes and rules with respect to construction of agriculture workforce housing as defined in ORS 315.163. The department shall provide…
As used in ORS 455.020, 455.390, 455.395 and 455.400: “Seismic rehabilitation” means construction of structural improvements to a building that result in the increased capability of the building to resist earthquake forces and that are based on standards adopted by the State of Oregon or by local governments. “Seismic rehabilitation agreement” means an agr…
No seismic rehabilitation data or seismic rehabilitation agreement is admissible in evidence to prove negligence or culpable acts or omissions in connection with injury, death or loss that occurs in an owner’s building as a result of the failure of the building to adequately withstand a seismic event. Such data or agreements are considered privileged and are…
Nothing in ORS 455.020, 455.390 and 455.395 and this section shall be construed as expanding or limiting the exclusive means by which subject workers and their beneficiaries are compensated for injury, death or disease arising out of and in the course of employment as provided in ORS chapter 656. [1995 c.400 §6] Note: See note under 455.390. Note: Section …
A recreational vehicle that has a title issued by the Department of Transportation does not qualify as a structure. If a recreational vehicle is being converted to use as a structure, at the time of commencing the conversion the owner shall surrender the title and any registration issued for the recreational vehicle to the department for cancellation. A recr…
Existing buildings or structures which are removed from their foundation and relocated to another site within this state shall be in substantial compliance as defined in subsections (2) and (3) of this section. “Substantial compliance” means compliance with local construction codes in effect as of the original permit date of the building or structure, or wh…
The Department of Consumer and Business Services shall amend the state building code as necessary for the purpose of reducing the frequency of false alarms from smoke alarms and smoke detectors. Rules adopted under this section shall be designed to address smoke alarms and smoke detectors in single family and multifamily dwellings, hotels and lodging houses …
A person who is licensed by the State Plumbing Board or the Department of Consumer and Business Services pursuant to ORS 460.057, 460.059, 479.630, 479.910, 480.630, 693.060, 693.103 or 693.111 must wear and visibly display an identification badge indicating the person’s current license status while performing work for which the license is required. The auth…
As used in this section: “Electric vehicle charging station” means a device or facility for delivering electricity for motor vehicles that use electricity for propulsion. “Municipality” has the meaning given that term in ORS 455.010. “Provisions for electrical service capacity” means: Building electrical service, sized for the anticipated load of electri…
As used in this section: “Community microgrid” means a microgrid that is located within a geographical area that a local government designates as a microgrid zone under ORS 197.729. “Microgrid” means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that functions as a single controllable system, …
Each individual dwelling unit in a multifamily residential building constructed after October 4, 1977, shall have installed a separate, individual electrical meter for each such dwelling unit except where a building inspector certified under ORS 455.715 to 455.740 determines that pursuant to standards adopted by the Director of the Department of Consumer and…
Each multifamily residential dwelling with more than 10 individual residential units that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials. Each commercial building and each industrial and institutional building that is constructed after October 4, 1997, shou…
Any low-income housing for the elderly on which construction begins after January 1, 1978, and which is financed in whole or in part by federal or state funds shall contain a multiservice room adequate in size to seat all of the tenants. The Director of the Department of Consumer and Business Services shall adopt rules, in accordance with the applicable pro…
The Department of Consumer and Business Services may not prohibit in the state building code the use of refrigerants listed as of January 1, 2022, under regulations adopted under 42 U.S.C. 7671k as safe alternatives to Class I and Class II substances if the safe alternatives are installed in accordance with applicable rules or regulations. Note: 455.427 was…
If the Director of the Department of Consumer and Business Services determines that the standards for prefabricated structures prescribed by statute, rule or regulation of another state are at least equal to the regulations prescribed under this chapter, and that such standards are actually enforced by such other state, the director may provide by regulation…
The Department of Consumer and Business Services shall adopt the wildfire hazard mitigation code standards of section R327 of the 2023 Oregon Residential Specialty Code. The department shall by rule create a process for municipalities to adopt the wildfire hazard mitigation code standards referenced in subsection (1) of this section. The process must includ…
If a city, county or government agency requires a site soil analysis and site recommendation report as a condition of approval for issuance of a building permit for a residence for human habitation, and the analysis and report identify the presence of highly expansive soils, then prior to issuance of the building permit the city, county or government agency …
After considering the recommendations of the Indoor Air Pollution Task Force, and as expeditiously as possible, the Director of the Department of Consumer and Business Services shall adopt ventilation standards for public areas and office workplaces that are at least equivalent to the most recent, nationally recognized ventilation standards generally accepte…
The State Department of Geology and Mineral Industries shall establish the parameters of the area of expected tsunami inundation based on scientific evidence that may include geologic field data and tsunami modeling. The governing board of the State Department of Geology and Mineral Industries, by rule, shall determine the tsunami inundation zone based on t…
As used in this section, unless the context requires otherwise: “ASCE” means the American Society of Civil Engineers. “ASCE 7” means the ASCE Minimum Design Loads and Associated Criteria for Buildings and Other Structures that appear in the Oregon Structural Specialty Code. “Major structure” means a building over six stories in height with an aggregate fl…
For the purposes of enforcement of this chapter the building inspector or any person appointed by the Department of Consumer and Business Services, after showing official identification and, if necessary, a warrant issued to the building owner or agent of the owner under subsection (2) of this section, may: Enter, at reasonable times, any property that is k…
All buildings or portions thereof which are determined after inspection by a building inspector or a representative of the Department of Consumer and Business Services to be in unsafe condition as a result of earthquake damage may be declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the p…
A person may not: Violate, or procure or assist in the violation of, any final order of the Director of the Department of Consumer and Business Services, an advisory board, a state administrative officer or any local appeals board, building official or inspector, concerning the application of the state building code in a particular case or concerning a lice…
A person may not: Perform work without appropriate licensing, certification or registration or employ, allow, permit or suffer individuals to perform work for the person without appropriate licensing, certification or registration. Advertise or otherwise hold out as being a licensed, certified or registered specialty code contractor without holding the app…
A person may not employ an individual to perform specialty code inspections in any specialty area unless the individual has a license issued in that specialty area under ORS 455.457. A person may not engage in specialty code inspections without having a license issued under ORS 455.457 in the specialty area for which the inspection is provided. A person ma…
In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services by rule shall establish a licensing system for persons that perform specialty code inspections or plan reviews and for businesses that employ persons that perform specialty code inspections or plan reviews. Such a system shall inc…
A person shall not inspect or review any project or installation in which the person, employer of the person or relative of the person has any financial interest or business affiliation. A person designated under ORS 455.465 (1)(a) may not perform both the inspection and plan review for the same project or installation. A municipality or the state shall perf…
The Director of the Department of Consumer and Business Services, by rule, shall develop quality control procedures for the activities of specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers licensed under ORS 455.457. These procedures shall include but are not limited to random sampling of the wor…
In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under this chapter and ORS chapters 447 and 479, with respect to specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers licensed under ORS 455.457, if the director has reason to be…
In administering a building inspection program, the Department of Consumer and Business Services or a municipality shall: Designate at least three persons licensed under ORS 455.457 from whom the department or municipality will accept plan reviews; or Contract with a person licensed under ORS 455.457 and may include as a term of the contract a process for …
As used in this section, “essential project” means a: State owned or operated development; Development of industries in the traded sector as defined in ORS 285A.010 for structures more than 100,000 square feet in size; Project in an industrial site listed by the Oregon Business Development Department as ready for development and for which the project cons…
Except as provided in subsection (2) of this section, for specialty code plan reviews of simple low-rise residential dwellings, the Department of Consumer and Business Services or a municipality that administers a building inspection program under ORS 455.148 or 455.150 shall approve or disapprove the specialty code building plan: For a jurisdiction with a …
A transaction conducted through a state or local system or network that provides electronic access to building codes information and services is exempt from any requirement under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945 and 480.510 to 480.670 and ORS chapters 447, 455, 460 and 693, or rules adopted thereunder, requir…
A municipality shall add to and make a part of its building inspection program under ORS 455.148 or 455.150 the policies and ordinances adopted by the municipality to implement ORS 455.465 and 455.467. Note: See note under 455.455.
Fee amounts shall not be established by the Director of the Department of Consumer and Business Services or any municipality for fees charged by persons licensed under ORS 455.457. Fees charged by a person licensed under ORS 455.457 shall include a surcharge equal to the percentage amounts established for municipalities under ORS 455.210 (4)(a) and (b) and …
All moneys received by the Department of Consumer and Business Services pursuant to ORS 455.457 and 455.471 shall be paid into the State Treasury and credited to the appropriate specialty code account under this chapter or ORS 479.510 to 479.945. All moneys deposited in the accounts under this section are continuously appropriated to the department to carry …
An applicant for a building permit may appeal a decision made by a building official under authority established pursuant to ORS 455.148, 455.150 or 455.467. The following apply to an appeal under this subsection: An appeal regarding the interpretation or application of a particular specialty code provision shall be made first to the appropriate specialty c…
A person carrying on, conducting or transacting specialty code inspections or plan reviews or a business employing specialty code inspectors or plan reviewers may not maintain any suit or action relating to specialty code inspections or plan reviews in any of the courts of this state without alleging and proving that the person or business was licensed under…
Nothing in ORS 455.455 to 455.477 and 455.897 and section 10, chapter 1045, Oregon Laws 1999, applies to special inspections as described in each specialty code as adopted by the Director of the Department of Consumer and Business Services. Note: 455.479 and 455.481 were enacted into law by the Legislative Assembly but were not added to or made a part of OR…
Nothing in ORS 455.455, 455.457, 455.459, 455.461, 455.467, 455.475 or 455.477 is intended to limit, supersede or otherwise affect the rights, obligations or professional activities of an inspector engaged in the business of providing prefabricated structure plan approvals and inspections, as defined in ORS 455.715, pursuant to ORS 455.715 to 455.740. Note:…
The Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt rules to make electrical code plan review mandatory only for complex structures located in jurisdictions that offer electrical code plan review services. The department shall adopt rules to make plumbing code plan review mandatory only for c…
When adopting the state building code, the Director of the Department of Consumer and Business Services shall give special consideration to the unique needs of construction in rural or remote parts of this state. Notwithstanding any description of State Fire Marshal duties in ORS 476.030, 476.033, 476.035, 476.150 or 476.155, the Director of the Department …
As used in this section: “Alteration” means any construction or renovation to an existing structure other than a repair or addition to the existing structure. “Construction permit” means a building permit or a permit for electrical work, mechanical work or plumbing work in a building. “Frontage improvement” means repairs to or construction or renovation o…
The Legislative Assembly finds and declares that: The use of a consensus-based expedited review system for the uniform statewide adoption, implementation, application and enforcement of certain state building code requirements to promote energy efficiency and energy conservation will facilitate and expedite compliance with those state building code requirem…
There is established a Construction Industry Energy Board, consisting of 11 members. The membership shall consist of the following: Two members selected by the Electrical and Elevator Board from the members of the Electrical and Elevator Board who have practical experience in the electric industry. Two members selected by the Residential and Manufactured S…
The Construction Industry Energy Board may evaluate and approve or disapprove proposed state building code standards relating to the energy use and energy efficiency aspects of the electrical, structural, prefabricated structure and low-rise residential specialty codes. The proposed standards evaluated by the board may include, but need not be limited to, st…
The Director of the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, shall adopt, amend and administer a code separate from the state building code, to be known as the Reach Code. The director shall design the code to increase energy efficiency in buildings that are newly constructed, reconstructed, altered …
The Director of the Department of Consumer and Business Services, subject to the approval of the appropriate advisory boards, shall adopt rules establishing uniform energy conservation standards for inclusion under the state building code. The director shall design the energy conservation standards to increase energy efficiency in buildings that are newly co…
No operative statutory text appears at this designation in the selected edition.
As used in this section, “energy efficiency” means the use of construction and design standards, construction methods, products, equipment and devices to increase efficient use of, and reduce consumption of, electricity, natural gas and fossil fuels in buildings undergoing new construction, reconstruction, alteration or repair. The Director of the Departmen…
No operative statutory text appears at this designation in the selected edition.
In the manner provided in ORS chapter 183 for the adoption of rules and after consideration of available technology and costs, the Building Codes Structures Board and the Residential and Manufactured Structures Board, or the Construction Industry Energy Board, may make recommendations to the Director of the Department of Consumer and Business Services for th…
The Building Codes Structures Board and the Residential and Manufactured Structures Board, or the Construction Industry Energy Board, may: Apply for and receive moneys from any person, from the federal government, from this state or from any state agency or department. Contract with any public agency for the performance of services or the exchange of emplo…
The Department of Consumer and Business Services shall, after obtaining approval from the appropriate advisory board and as the department’s responsibilities relate to efficiency or resiliency in buildings: Exercise any and all authority and discretion the department has available under applicable law to help to facilitate, at a minimum, emissions reduction…
As used in ORS 455.560 to 455.580, unless the context requires otherwise: “Department” means the Department of Consumer and Business Services. “Director” means the Director of the Department of Consumer and Business Services. “Person” means an individual, partnership, joint venture, private or public corporation, association, firm, public service company,…
It is the purpose of ORS 455.560 to 455.580 to promote, encourage and require measures to conserve energy in public buildings.
After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in this chapter, shall establish maximum lighting standards for public buildings constructed on or after July 1, 1978. Such standards may distinguish between type of design, …
Public buildings constructed on or after January 1, 2010, or on which outdoor lighting fixtures attached to the building are replaced on or after January 1, 2010, shall have installed to the greatest practicable extent shielded lighting fixtures for outdoor use. Notwithstanding ORS 455.020 and 455.040, a municipality may enact an ordinance or resolution tha…
After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in ORS chapter 183, shall establish advisory maximum lighting standards for public buildings constructed before July 1, 1978, based on the factors set forth in ORS 455.570.
The powers and duties given the Director of the Department of Consumer and Business Services by ORS 455.560 to 455.580 shall be in addition to, and not in derogation of, all other powers, duties and responsibilities vested in the director.
The State Treasurer is authorized to establish an Energy Efficient Construction Account for the purpose of providing energy engineering and technical assistance studies to state and other public buildings. Moneys credited to this account from payments for energy engineering or technical assistance studies and other revenues as authorized by the appropriate l…
The Director of the Department of Consumer and Business Services shall adopt, and amend as necessary, a Low-Rise Residential Dwelling Code that contains all requirements, including structural design provisions, related to the construction of residential dwellings three stories or less above grade. The code provisions for plumbing and electrical requirements …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in this section, “small home” means a dwelling that is not more than 400 square feet in size. The Director of the Department of Consumer and Business Services shall adopt construction standards for small homes for incorporation into the state building code. The construction standards for small homes must include, but need not be limited to, standard…
No operative statutory text appears at this designation in the selected edition.
Notwithstanding ORS 447.020, 455.715 to 455.740, 479.810 (3) or 479.855, the Department of Consumer and Business Services shall adopt education, training and examination requirements that allow certification of inspectors to perform inspections on one and two family dwellings under one or more aspects of the Low-Rise Residential Dwelling Code adopted under O…
The Director of the Department of Consumer and Business Services shall, by rule, adopt: A list of information required for low-rise residential dwelling building permits; and A priority schedule for low-rise residential dwelling inspections and plan review requirements.
The Director of the Department of Consumer and Business Services shall adopt, amend or repeal the state building code as necessary to establish viable standards for providing advanced telecommunications and cable service technology to newly constructed low-rise residential dwellings. Note: 455.626 was added to and made a part of ORS chapter 455 by legislati…
The Department of Consumer and Business Services, in consultation with the Residential and Manufactured Structures Board, shall adopt rules to create a mandatory random inspection program for minor electrical installations made by electrical contractors in low-rise residential dwellings. Note: 455.627 was enacted into law by the Legislative Assembly but was…
The Department of Consumer and Business Services or a municipality administering and enforcing a building inspection program under ORS 455.148 or 455.150 may not require a plan review for one and two family dwellings that are of conventional light frame construction, as defined by the department by rule, if: The plans for the dwelling are designed and stamp…
The Low-Rise Residential Dwelling Code shall be enforced by inspectors and building officials qualified pursuant to ORS 455.715 to 455.740. Notwithstanding subsection (1) of this section, enforcement of electrical specialty code, permit and licensing provisions shall be under the sole authority of the Electrical and Elevator Board in the Department of Consu…
No operative statutory text appears at this designation in the selected edition.
As used in ORS 455.640 to 455.645, unless the context otherwise requires, the words, terms and phrases defined in subsections (2) to (5) of this section shall have the meaning given them in those subsections. “Architect” means an architect as defined in ORS 671.010 in accordance with the rules and regulations of the State Board of Architect Examiners. “Cer…
The provisions of ORS 455.640 to 455.645 shall not be construed to apply to any building having a ground area of 4,000 square feet or less and which is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure. Note: See note under 455.640.
In order to safeguard life, health and property, all drawings and plans defining the framing systems, shoring systems and foundations for structures of public assembly shall be certified by a qualified professional engineer or qualified architect. The design of the certified structure of public assembly shall provide for resistance to lateral forces, includi…
For the purposes of the codes of regulations adopted under this chapter, unless the context clearly indicates otherwise, the following substitutions shall be made in any code adopted by reference as part of the state building code: “Building official” for “administrative authority.” “Governing body” for “mayor” and “city council.” “Municipality” for “city…
Plan approval and permits shall be obtained from the Department of Consumer and Business Services prior to construction, enlargement or alteration of any recreation park, picnic park or organizational camp as defined in ORS 446.310. If the department determines that the work conforms to the approved plans and specifications, it shall issue a final approval …
The Director of the Department of Consumer and Business Services may, upon an application setting forth a set of plans and specifications that will be utilized in one or more municipalities to acquire building permits, review and approve the application for the construction or erection of any building or structure if such set of plans meets the requirements …
Any person aggrieved by the final decision of a municipal appeals board or a subordinate officer of the Department of Consumer and Business Services as to the application of any provision of a specialty code may, within 30 days after the date of the decision, appeal to the appropriate advisory board. The appellant shall submit a fee of $20, payable to the de…
Building permits or certificates of occupancy validly issued before July 1, 1974, regarding buildings or structures being constructed or altered pursuant thereto, shall be valid thereafter and the construction may be completed pursuant to the building permit, unless the building official determines that life or property is in jeopardy.
A manufacturer of prefabricated structures or manufacturer of prefabricated structure components may not contract with a municipality or a person to perform prefabricated structure plan approvals or inspections unless the person providing the plan approvals or inspections is certified or approved under subsection (2) of this section or is providing plan appr…
As used in ORS 455.715 to 455.740, unless the context otherwise requires: “Building official” means a person charged by a municipality with responsibility for administration and enforcement of the state building code in the municipality. “Business of providing prefabricated structure plan approvals and inspections” means an independent contractor providing…
In accordance with applicable provisions of ORS chapter 183, to promote effective and uniform enforcement of the state building code by improving the competence of building officials and inspectors, the Director of the Department of Consumer and Business Services, with the advice of the advisory boards, shall: Establish for building officials and inspectors…
The Director of the Department of Consumer and Business Services, with the advice of the appropriate advisory boards, may adopt rules establishing one or more programs to train, qualify and certify an individual as a specialized building inspector authorized to enforce portions of specialty codes. Notwithstanding ORS 455.720 (1) and 455.725, the rules may in…
Upon application, the Director of the Department of Consumer and Business Services or an authorized representative shall examine and evaluate any program or facility established by a municipality or educational institution for the training of building officials, inspectors and specialty code inspectors and plan reviewers licensed under ORS 455.457. If the d…
No person shall be appointed or employed as a building official or inspector by any municipality unless the person has been certified as being qualified under ORS 455.715 to 455.740, and the certification has not lapsed or been revoked.
As used in this section, “building code administrative region” means a region established by the Director of the Department of Consumer and Business Services under ORS 455.042 for the uniform administration of the state building code. The authority of the director under ORS 455.720 and 455.723 to specify terms, conditions and classifications for the certifi…
The Director of the Department of Consumer and Business Services may issue certificates for building officials and building inspectors under ORS 455.715 to 455.740. Any person desiring issuance of an initial certificate as a building official or inspector shall make application to the director upon such forms as the director may prescribe for such purpose a…
Notwithstanding ORS 455.720 (1), the Director of the Department of Consumer and Business Services, by rule, shall adopt criteria for review of the experience and training in building inspection and building plan review acquired by a person outside the State of Oregon. The criteria shall be adopted in a manner that facilitates review of a person’s qualificati…
Subject to ORS chapter 183, the Director of the Department of Consumer and Business Services may deny, condition, suspend, revoke or refuse to renew a certificate of a building official or inspector if the director finds that the building official or inspector has: Consistently failed to act in the public interest in the performance of duties; Failed to co…
In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under ORS 197A.800 to 197A.820, 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693, with respect to municipalities, building off…
In addition to any other authority and power granted under this chapter and ORS chapters 446, 447, 460, 479, 480 and 693: The Director of the Department of Consumer and Business Services may, at the discretion of the director, enforce the provisions of the state building code and ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479…
As used in ORS 455.800 to 455.820: “Building official” means a person who is a building official as defined in ORS 455.715 or a Department of Consumer and Business Services employee charged with enforcement or administration of the state building code. “Building trade committee” means a group composed of experienced and knowledgeable local general contract…
An individual may apply to the Department of Consumer and Business Services to be tested and certified as a master builder. The department shall establish uniform criteria for use in determining whether to grant an application. The criteria must, at a minimum, provide that: The individual must be an owner or regular employee of a qualified construction comp…
An individual seeking certification as a master builder must apply to the Department of Consumer and Business Services on the form prescribed by the department. Upon determining that the applicant meets the criteria for certification set forth in ORS 455.805, the department shall issue the certificate. Certification as a master builder is valid for three ye…
Local government establishment of a master builder program is voluntary. A local government electing to establish or terminate a program shall notify the Department of Consumer and Business Services. If terminating a program, the local government must give the notice six months before the program terminates. The Department of Consumer and Business Services …
A master builder must perform all plan review and required verifications for which government review or inspection has been waived by a building official. The master builder shall maintain copies of all documents and reports required by the government granting the waiver and provide those copies to the building official. When waiving government performance …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165. The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850. The…
Violation of ORS 455.455 or 455.459 is a Class A misdemeanor.
No operative statutory text appears at this designation in the selected edition.