Oregon Law
Law as of Jan 1, 2026
Chapter contents
455.010Definitions for ORS chapter 455 455.015Legislative findings 455.020Purpose; scope of application; exceptions; scope of rules; fees by rule 455.022Appropriation of program fees established by department rule 455.028Interagency agreements 455.030Rulemaking; notice; content; code distribution; amendment process 455.035Effective date of rules 455.040State building code preempts local ordinances and rules; exemptions; criteria 455.042State building code administrative regions 455.044Tri-County Building Industry Service Center; fees 455.046Installation labels; standardized forms and procedures; use of Tri-County Building Industry Service Center resources 455.048Rules 455.050Building permits; content 455.055Uniform permit, inspection and certificate of occupancy requirements; rules 455.058Investigation fee for work commenced without permit; rules 455.060Rulings on acceptability of material, design or method of construction; effect of approval; fees 455.062Provision of technical submissions 455.063Process for approval by municipality of building construction plan for certain residential structures 455.065Alternative regulatory options for emerging technologies; rules 455.068Applicability of construction standards to winery 455.070Report of suspected code violation; rules; form; appeal 455.080Inspector may require proof of compliance 455.083Enjoining violations of state building code 455.085Publication; readability; funding 455.090Building codes information and services system or network 455.093Definition for ORS 455.095, 455.097 and 455.185 455.095Electronic access to building code and construction-related information and services 455.097Electronic access system development and implementation; uniform form and format for electronic exchange of building program and construction-related service information; waiver of contrary form and format requirements; rules 455.098Minimum standards and statewide consistency in electronic processes; rules 455.100Duties of director 455.110Other duties of director; rules 455.112Elimination of unclear, duplicative, conflicting or inadequate provisions; rules 455.117Adoption of rules governing licensing, certification or registration 455.122Combinations of licenses; rules 455.125Denial, suspension, conditioning or revocation of license, certificate, registration or other authorization 455.127Disqualification from obtaining license, registration, certificate or certification 455.129Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application 455.130[Formerly 456.780; 1989 c.224 §118; repealed by 1993 c.744 §41] 455.132Building Codes Structures Board; duties; membership 455.135Residential and Manufactured Structures Board; duties; membership 455.138Electrical and Elevator Board; duties; membership 455.140Mechanical Board; duties; membership 455.144Terms; compensation; positions; quorum; rules; removal of members; confirmation 455.146Frequency of board meetings 455.148Comprehensive municipal building inspection programs; building officials and contract building officials; rules; program duration, plan, failure, abandonment and resumption 455.150Selective municipal building inspection programs; building officials and contract building officials; rules; program duration, plan, failure and abandonment; limitation on program resumption 455.152Objections to municipal assumption of building inspection program 455.153Municipal authority to administer specialty code or building requirements; effect on jurisdiction of agencies 455.154Alternative permit and inspection program 455.155Statewide permit and inspection system for minor construction work 455.156Municipal investigation and enforcement of certain violations; notice of civil penalty; department to develop programs; defense for violation of building inspection program 455.157Process for municipal imposition of monetary penalties 455.158Verification of required license prior to issuance of permit 455.160Failure to provide timely inspections or plan reviews prohibited; demand; mandamus 455.165Standards for building codes information collected and maintained by municipalities; rules 455.170Director delegation of certain duties; fees 455.175Restriction on city or county refusal of building permit in residential subdivision 455.180Restriction on city or county refusal to issue building permit 455.185Agreements for full, divided, mutual or joint administration and enforcement 455.188Fee revenue generated under agreement 455.190[1993 c.429 §2; 1995 c.553 §2a; 1995 c.714 §1; 1999 c.59 §127; 1999 c.508 §1; 2001 c.573 §8; repealed by 2003 c.368 §4] 455.192Staffing and other resources for building code administration and enforcement 455.195Fees charged following surrender or abandonment of municipal building inspection program 455.198Fee surcharge use 455.200Policies and procedures; rules; consultation with boards; reports 455.202Definitions; procurement of contract building official; duties; establishment of local board; appeal rights; independent auditor; powers of director 455.204Ratification of contract building official’s discretionary decision 455.206Building official as public official; enforcement powers of director; effect upon Oregon Government Ethics Commission of director’s determination 455.208Requirements for continued procurement of contract building official’s services 455.210Fees; appeal of fees; surcharge; reduced fees; rules 455.220Surcharge on building permit fees; collection; deposit; use 455.230Use of Consumer and Business Services Fund moneys 455.240Revenues from sales of building codes publications; use 455.310Single-family residence repair and maintenance exempt from codes; exemption itemized 455.312Exemption from code of structures for out-of-state delivery; loss of exemption 455.315Exemption of agricultural buildings, agricultural grading, equine facilities and dog training facilities 455.320Owner-built dwellings exempt from certain structural code provisions; recording of exemption 455.325Definitions for ORS 455.325 to 455.350 455.330Counties authorized to exempt owner-built dwellings in rural areas from structural code 455.335Rural areas to be mapped; building permit issuance for exempt dwellings limited 455.340Code requirements to which exemption may not apply 455.345Permit, fee, plan check and inspection provisions apply; notice of noncompliance to owner-builder; recording of notice; notice to purchasers 455.350Purchaser’s remedies 455.355Rules governing mercury thermostats 455.360Carbon monoxide alarms 455.365Radon mitigation standards 455.380Department as final authority on agriculture workforce housing; rules; fees 455.390Definitions for ORS 455.020, 455.390, 455.395 and 455.400 455.395Admissibility of data or agreements as evidence; immunity from certain causes of action 455.400Effect of seismic rehabilitation provisions on exclusive remedy 455.405Recreational vehicle conversion to structure 455.410Relocated buildings; substantial compliance required; permits 455.412Review of state building code provisions regarding certain smoke alarms and smoke detectors; rules 455.415Identification badges 455.417Provision of electric service capacity for charging electric vehicles in newly constructed buildings; requirements; exemptions; rules 455.418Integration of buildings with community microgrids; rules 455.420Individual electric meters required in multifamily residential buildings; exceptions; standards 455.422New construction; recycling containers 455.425Low-income elderly housing multiservice rooms required; standards; exceptions 455.427Prohibition of certain refrigerants 455.430Reciprocity for prefabricated structures 455.433Adoption of wildfire hazard mitigation code standards for new buildings; rules 455.440When site soil analysis required; filing of report and notice; duty of transferor of property; effect of failure to comply 455.445Indoor air quality standards for public areas and office workplaces 455.446Tsunami inundation zone; rules 455.447Regulation of certain structures vulnerable to earthquakes and tsunamis; rules 455.448Entry and inspection of earthquake-damaged structures; warrant enforcement 455.449Unsafe condition resulting from earthquake damage; abatement of nuisance; rules 455.450Prohibited acts 455.453Additional prohibitions 455.455Building inspection and plan review; license required; exception 455.457Licensing specialty code inspectors and plan reviewers; rules; contents 455.459Specialty code inspection and plan review; conflict of interest 455.461Specialty code inspectors and plan reviewers; quality control; rules 455.463Specialty code inspection and plan review; department enforcement authority; investigation 455.465Department and municipalities to designate persons licensed to conduct specialty code inspection and plan review; fees; exception 455.466Rapid approval assessment for essential projects 455.467Timelines for approval or disapproval of certain specialty code building plans; exceptions; phased permit systems; failure to adhere to timelines 455.468Electronic submission of application materials 455.469Municipal building inspection program to include certain policies and ordinances 455.471Specialty code inspection and plan review fee authority; disposition of certain fee amounts 455.473Disposition of certain fees received by department 455.475Appeal of decision of building official 455.477Requirement for suit filed by licensed specialty code inspector or plan reviewer 455.479Application to specialty inspections identified by department 455.481Application to inspection and plan review for prefabricated structures 455.483Electrical and plumbing code plan review; rules 455.485Special consideration for rural or remote areas; determination of compliance with fire, life safety and other building code standards 455.487Prohibition on requiring frontage improvement as condition of obtaining construction permit 455.490Legislative findings 455.492Construction Industry Energy Board 455.496Standards relating to energy use and energy efficiency aspects of specialty codes; rules; enforceability 455.500Reach Code; applicability; amendment 455.505Uniform energy conservation standards; rules 455.510[Formerly 456.730; repealed by 1993 c.744 §41] 455.511State Building Code energy efficiency goals and standards 455.520[Formerly 456.735; repealed by 1993 c.744 §41] 455.525Rules for energy conservation and passive solar energy in structures; inclusion in building code; application of testing requirements to fenestration products; review of regulations 455.530Authority to receive money and to contract 455.535Exercise of departmental authority and discretion to aid in reduction of greenhouse gas emissions; priorities and departmental decision making; actions and consultations; goal setting; investigations; approval of advisory boards and committees; reports; update of Reach Code; rules 455.560Definitions for ORS 455.560 to 455.580 455.565Purpose of ORS 455.560 to 455.580 455.570Maximum lighting standards for new public buildings; exemptions 455.573Outdoor shielded lighting fixtures; waiver by municipality 455.575Advisory lighting standards for public buildings constructed before July 1, 1978 455.580Status of powers of director 455.595Energy Efficient Construction Account 455.610Low-Rise Residential Dwelling Code; alternate methods of construction; alternate approval for conversion; appeal; rules 455.612[2021 c.592 §12; 2023 c.611 §11; repealed by 2025 c.590 §1] 455.614[2021 c.592 §12c; repealed by 2025 c.590 §1] 455.615[2017 c.394 §2; repealed by 2019 c.401 §16] 455.616Construction standards for small homes 455.620[1987 c.604 §3; repealed by 1991 c.366 §2] 455.622Certification of inspectors; rules 455.625Rules for permits; schedule of inspections 455.626Rules for accommodating technology 455.627Minor electrical installation inspection program; rules 455.628Plan review exemption 455.630Enforcement 455.635[Formerly 456.787; renumbered 455.085 in 1991] 455.640Definitions for ORS 455.640 to 455.645 455.642Application 455.645Certain plans for structures of public assembly to be certified 455.675Authorized substitutions in codes adopted by reference 455.680Plan approval and permits for recreation or picnic park or camp; license; rules 455.685Review of plans and specifications to determine compliance; effect of approval; fees 455.690Appeal to advisory boards 455.700Validity of certain building permits 455.705Prefabricated structures plan approval and inspections; approval of business or persons performing inspections; rules; fees; manufacturer compliance program; insignia of compliance or certification stamp required for certain transactions 455.715Definitions for ORS 455.715 to 455.740 455.720Standards and qualifications for personnel; rules 455.723Specialized building inspectors; rules 455.725Certification of personnel training programs 455.730Certification of personnel required 455.732Certification of inspectors to perform duties in building code administrative regions; training program recognition 455.735Issuance and renewal of certificates; fees; rules 455.737Experience and training outside Oregon; examination; rulemaking 455.740Denial of certificate; disciplinary action against certificate holder; rules 455.770Investigation of municipality, building official or inspector; corrective action; revocation of authority 455.775Enforcement authority of director; investigations; corrective actions; prevention or termination of violation 455.800Definitions for ORS 455.800 to 455.820 455.805Criteria for granting of master builder status 455.810Certificates; fees; discipline; rules 455.815Establishment of master builder programs; waiver of inspections; builder verification of performance 455.820Plan review and verification; documentation; duties of building official; effect of waiver revocation 455.840[Formerly 705.700; repealed by 2003 c.675 §49] 455.842[Formerly 705.705; 2003 c.675 §41; 2005 c.833 §5; renumbered 455.044 in 2005] 455.844[Formerly 705.710; 2003 c.675 §42; 2005 c.833 §§6,10; renumbered 455.046 in 2005] 455.846[Formerly 705.715; 2003 c.675 §43; renumbered 455.048 in 2005] 455.848[Formerly 705.720; repealed by 2003 c.675 §49] 455.895Civil penalties 455.897Criminal penalties 455.990[Formerly 456.885 (2); repealed by 1995 c.553 §16; 1995 c.675 §6]

Chapter 455 — Building Code

ORS 455.395 Admissibility of data or agreements as evidence; immunity from certain causes of action

(1)

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 excluded from evidence admitted in any legal action for the recovery of damages arising from the building’s failure due to seismic activity.

(2)

A person may not maintain a cause of action against a building owner for injury, death or loss that occurs in the owner’s building as a result of a failure of the building to adequately withstand a seismic event, provided the owner was in substantial compliance with the terms and conditions of a seismic rehabilitation agreement on the date of the seismic event.

(3)

The provisions of subsection (2) of this section shall apply only for the period during which the seismic rehabilitation agreement is in effect.

Note: See note under 455.390.

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Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.