2007 Oregon Chapter 455 :: Chapter 455 - Building Code
Chapter 455 —
Building Code
2007 EDITION
BUILDING CODE
PUBLIC HEALTH AND SAFETY
ADMINISTRATION
(Generally)
455.010Â Â Â Â Definitions
for ORS chapter 455
455.020Â Â Â Â Purpose;
scope of application; exceptions; scope of rules; fees by rule
455.022Â Â Â Â Appropriation
of program fees established by department rule
455.030Â Â Â Â Rulemaking;
notice; content; code distribution; amendment process
455.035Â Â Â Â Effective
date of rules
455.040Â Â Â Â State
building code preempts local ordinances and rules; exemptions; criteria
455.042Â Â Â Â State
building code administrative regions
455.044Â Â Â Â Tri-County
Building Industry Service Center; fees
455.046Â Â Â Â Installation
labels; standardized forms and procedures; use of
455.048Â Â Â Â Rules
455.050Â Â Â Â Building
permits; content
455.055Â Â Â Â Uniform
permit, inspection and certificate of occupancy requirements; rules
455.060Â Â Â Â Rulings
on acceptability of material, design or method of construction; effect of
approval; fees
455.065Â Â Â Â Alternative
regulatory options for emerging technologies; rules
455.068Â Â Â Â Applicability
of construction standards to winery
455.070Â Â Â Â Report
of suspected code violation; rules; form; appeal
455.080Â Â Â Â Inspector
may require proof of compliance
455.085Â Â Â Â Publication;
readability; funding
455.090Â Â Â Â Building
codes information and services system or network
455.095Â Â Â Â Electronic
access to building codes information and services
455.097Â Â Â Â Electronic
access system development and implementation; uniform form and format for
electronic exchange of building program information; waiver of contrary form
and format requirements; rules
(Director; Boards)
455.100Â Â Â Â Duties
of director
455.110Â Â Â Â Other
duties of director; rules
455.112Â Â Â Â Elimination
of unclear, duplicative, conflicting or inadequate provisions; rules
455.117Â Â Â Â Adoption
of rules governing licensing, certification or registration
455.122Â Â Â Â Combinations
of licenses; rules
455.125Â Â Â Â Denial,
suspension, conditioning or revocation of license, certificate, registration or
other authorization
455.127Â Â Â Â Disqualification
from obtaining license, registration, certificate or certification
455.129Â Â Â Â Additional
grounds for denial, suspension, conditioning or revocation of license,
certificate, registration or application
455.132Â Â Â Â Building
Codes Structures Board; duties; membership
455.135Â Â Â Â Residential
Structures Board; duties; membership
455.138Â Â Â Â Electrical
and Elevator Board; duties; membership
455.140Â Â Â Â Mechanical
Board; duties; membership
455.144Â Â Â Â Terms;
compensation; officers; quorum; meetings; rules; removal of members; confirmation
(Municipal Regulation)
455.148Â Â Â Â Comprehensive
municipal building inspection programs; building officials; rules; program
duration, plan, failure, abandonment and resumption
455.150Â Â Â Â Selective
municipal building inspection programs; building officials; rules; program
duration, plan, failure and abandonment; limitation on program resumption
455.152Â Â Â Â Objections
to municipal assumption of building inspection program
455.153Â Â Â Â Municipal
authority to administer specialty code or building requirements; effect on
jurisdiction of agencies
455.154Â Â Â Â Alternative
permit and inspection program
455.155Â Â Â Â Statewide
permit and inspection system for minor construction work
455.156Â Â Â Â Municipal
investigation and enforcement of certain violations; notice of civil penalty;
department to develop programs; defense for violation of building inspection
program
455.158Â Â Â Â Verification
of required license prior to issuance of permit
455.160Â Â Â Â Failure
to provide timely inspections or plan reviews prohibited; demand; mandamus
455.165Â Â Â Â Standards
for building codes information collected and maintained by municipalities;
rules
455.170Â Â Â Â Director
may delegate certain duties; fees
455.180Â Â Â Â Duty
of city, county to issue building permit; restriction
(Financial Administration)
455.210Â Â Â Â Fees;
appeal of fees; surcharge; reduced fees; rules
455.220Â Â Â Â Surcharge
on building permit fees; collection; deposit; use
455.230Â Â Â Â Use
of Consumer and Business Services Fund moneys
455.240Â Â Â Â Revenues
from sales of building codes publications; use
(Exemptions Generally)
455.310Â Â Â Â Single-family
residence repair and maintenance exempt from codes; exemption itemized
455.312Â Â Â Â Exemption
from code of residential prefabricated structures for out-of-state delivery
455.315Â Â Â Â Exemption
of agricultural buildings, agricultural grading and equine facilities
455.320Â Â Â Â Owner-built
dwellings exempt from certain structural code provisions; recording of
exemption
(Exemptions in Rural Areas)
455.325Â Â Â Â Definitions
for ORS 455.325 to 455.350
455.330Â Â Â Â Counties
authorized to exempt owner-built dwellings in rural areas from structural code
455.335Â Â Â Â Rural
areas to be mapped; building permit issuance for exempt dwellings limited
455.340Â Â Â Â Code
requirements to which exemption may not apply
455.345Â Â Â Â Permit,
fee, plan check and inspection provisions apply; notice of noncompliance to
owner-builder; recording of notice; notice to purchasers
455.350Â Â Â Â PurchaserÂ’s
remedies
(Mercury Thermostats)
455.355Â Â Â Â Rules
governing mercury thermostats
(Farmworker Housing)
455.380Â Â Â Â Department
as final authority on farmworker housing; rules; fees
(Seismic Rehabilitation)
455.390Â Â Â Â Definitions
for ORS 455.020, 455.390, 455.395 and 455.400
455.395Â Â Â Â Admissibility
of data or agreements as evidence; immunity from certain causes of action
455.400Â Â Â Â Effect
of seismic rehabilitation provisions on exclusive remedy
(Temporary provisions relating to educational building seismic safety
are compiled as notes following ORS 455.400)
(Temporary provisions relating to acute inpatient care facility, fire
station and police station seismic safety are compiled as notes following ORS
455.400)
(Miscellaneous Provisions)
455.410Â Â Â Â Relocated
buildings; substantial compliance required; permits
455.412Â Â Â Â Review
of state building code provisions regarding certain smoke alarms and smoke
detectors; rules
455.415Â Â Â Â Identification
badges
455.420Â Â Â Â Individual
electric meters required in multifamily residential buildings; exceptions;
standards
455.422Â Â Â Â New
construction; recycling containers
455.425Â Â Â Â Low-income
elderly housing multiservice rooms required; standards; exceptions
455.430Â Â Â Â Reciprocity
for prefabricated structures
455.440Â Â Â Â When
site soil analysis required; filing of report and notice; duty of transferor of
property; effect of failure to comply
455.445Â Â Â Â Indoor
air quality standards for public areas and office workplaces
455.446Â Â Â Â Construction
of certain facilities and structures in tsunami inundation zone prohibited;
establishment of zone; rules; exceptions
455.447Â Â Â Â Regulation
of certain structures vulnerable to earthquakes and tsunamis; rules
455.448Â Â Â Â Entry
and inspection of earthquake-damaged structures; warrant enforcement
455.449Â Â Â Â Unsafe
condition resulting from earthquake damage; abatement of nuisance; rules
(Prohibited Acts)
455.450Â Â Â Â Prohibited
acts
(Specialty Code Inspection and Building Plan
Review)
455.455Â Â Â Â Building
inspection and plan review; license required; exception
455.457Â Â Â Â Licensing
specialty code inspectors and plan reviewers; rules; contents
455.459Â Â Â Â Specialty
code inspection and plan review; conflict of interest
455.461Â Â Â Â Specialty
code inspectors and plan reviewers; quality control; rules
455.463Â Â Â Â Specialty
code inspection and plan review; department enforcement authority;
investigation
455.465Â Â Â Â Department
and municipalities to designate persons licensed to conduct specialty code inspection
and plan review; fees; exception
455.466Â Â Â Â Rapid
approval assessment for essential projects
455.467Â Â Â Â Timelines
for approval or disapproval of certain specialty code building plans;
exceptions; phased permit systems; failure to adhere to timelines
455.468Â Â Â Â Electronic
submission of application materials
455.469Â Â Â Â Municipal
building inspection program to include certain policies and ordinances
455.471Â Â Â Â Specialty
code inspection and plan review fee authority; disposition of certain fee
amounts
455.473Â Â Â Â Disposition
of certain fees received by department
455.475Â Â Â Â Appeal
of decision of building official
455.477Â Â Â Â Requirement
for suit filed by licensed specialty code inspector or plan reviewer
455.479Â Â Â Â Application
to specialty inspections identified by department
455.481Â Â Â Â Application
to inspection and plan review for prefabricated structures
455.483Â Â Â Â Electrical
and plumbing code plan review; rules
ENERGY CONSERVATION
(Generally)
455.525Â Â Â Â Rules
for energy conservation and passive solar energy in structures; inclusion in
building code; application of testing requirements to fenestration products;
review of regulations
455.530Â Â Â Â Authority
to receive money and to contract
(Energy Conservation Standards for Public
Buildings)
455.560Â Â Â Â Definitions
for ORS 455.560 to 455.580
455.565Â Â Â Â Purpose
of ORS 455.560 to 455.580
455.570Â Â Â Â Maximum
lighting standards for new public buildings; exemptions
455.575Â Â Â Â Advisory
lighting standards for public buildings constructed before July 1, 1978
455.580Â Â Â Â Status
of powers of director
455.595Â Â Â Â Energy
Efficient Construction Account
LOW-RISE RESIDENTIAL DWELLING CODE
455.610Â Â Â Â Low-Rise
Residential Dwelling Code; adoption; changes; compatibility of other codes;
alternative methods of construction; rules
455.622Â Â Â Â Certification
of inspectors; rules
455.625Â Â Â Â Rules
for permits; schedule of inspections
455.626Â Â Â Â Rules
for accommodating technology
455.627Â Â Â Â Minor
electrical installation inspection program; rules
455.628Â Â Â Â Plan
review exemption
455.630Â Â Â Â Enforcement
PUBLIC ASSEMBLY STRUCTURES
455.640Â Â Â Â Definitions
for ORS 455.640 to 455.645
455.642Â Â Â Â Application
455.645Â Â Â Â Certain
plans for structures of public assembly to be certified
MUNICIPAL REVIEW AND INSPECTION
(Generally)
455.675Â Â Â Â Authorized
substitutions in codes adopted by reference
455.680Â Â Â Â Plan
approval and permits for recreation or picnic park or camp; license; rules
455.685Â Â Â Â Review
of plans and specifications to determine compliance; effect of approval; fees
455.690Â Â Â Â Appeal
to advisory boards
455.700Â Â Â Â Validity
of certain building permits
455.705Â Â Â Â Prefabricated
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
(Inspectors)
455.715Â Â Â Â Definitions
for ORS 455.715 to 455.740
455.720Â Â Â Â Standards
and qualifications for personnel; rules
455.725Â Â Â Â Certification
of personnel training programs
455.730Â Â Â Â Certification
of personnel required
455.735Â Â Â Â Application
for certification; fee; issuance of certificate
455.737Â Â Â Â Experience
and training outside
455.740Â Â Â Â Revocation
of certification
(Remedial Authority of Director)
455.770Â Â Â Â Investigative
authority of director over municipalities; corrective action; limitation
455.775Â Â Â Â Investigative
authority of director; corrective action
MASTER BUILDER PROGRAMS
455.800Â Â Â Â Definitions
for ORS 455.800 to 455.820
455.805Â Â Â Â Criteria
for granting of master builder status
455.810Â Â Â Â Certificates;
fees; discipline; rules
455.815Â Â Â Â Establishment
of master builder programs; waiver of inspections; builder verification of
performance
455.820Â Â Â Â Plan
review and verification; documentation; duties of building official; effect of
waiver revocation
PENALTIES
455.895Â Â Â Â Civil
penalties
455.897Â Â Â Â Criminal
penalties
ADMINISTRATION
(Generally)
     455.010
Definitions for ORS chapter 455. As used in this chapter, unless the context requires otherwise:
     (1)(a) “Advisory board” means the board
with responsibility for assisting in the adoption, amendment or administration
of a specialty code, specifically:
     (A) The Building Codes Structures Board
established under ORS 455.132;
     (B) The Electrical and Elevator Board
established under ORS 455.138;
     (C) The State Plumbing Board established
under ORS 693.115;
     (D) The Manufactured Structures and Parks
Advisory Board established under ORS 446.280;
     (E) The Board of Boiler Rules established
under ORS 480.535;
     (F) The Residential Structures Board
established under ORS 455.135; or
     (G) The Mechanical Board established under
ORS 455.140.
     (b) “Appropriate advisory board” means the
advisory board that has jurisdiction over a particular code, standard, license,
certification or matter.
     (2) “Department” means the Department of
Consumer and Business Services.
     (3) “Director” means the Director of the
Department of Consumer and Business Services.
     (4) “Low-Rise Residential Dwelling Code”
means the adopted specialty code prescribing standards for the construction of
residential dwellings that are three stories or less above grade and have an
exterior door for each dwelling unit, but are not facilities or homes described
in ORS 443.400 or transient lodging.
     (5) “Municipality” means a city, county or
other unit of local government otherwise authorized by law to administer a building
code.
     (6) “Prefabricated structure” means a
building or subassembly that has been in whole or substantial part manufactured
or assembled using closed construction at an off-site location to be wholly or
partially assembled on-site. “Prefabricated structure” does not include a
manufactured dwelling, recreational structure or recreational vehicle, as those
terms are defined in ORS 446.003.
     (7) “Specialty code” means a code of
regulations adopted under ORS 446.062, 446.185, 447.020 (2), 455.020 (2), 455.610,
455.680, 460.085, 460.360, 479.730 (1) or 480.545; but does not include
regulations adopted by the State Fire Marshal pursuant to ORS chapter 476 or
ORS 479.015 to 479.200 and 479.210 to 479.220.
     (8) “State building code” means the
combined specialty codes.
     (9) “Structural code” means the specialty
code prescribing structural standards for building construction.
     (10) “Unsafe condition” means a condition
caused by earthquake which is determined by the department or any
representative of the department to be dangerous to life and property. “Unsafe
condition” includes but is not limited to:
     (a) Any portion, member or appurtenance of
a building that has become detached or dislodged or appears likely to fail or
collapse and thereby injure persons or damage property; or
     (b) Any portion, of a building or
structure that has been damaged by earthquake, or by fire or explosion
resulting from an earthquake, to the extent that the structural strength or
stability of the building is substantially less than it was prior to the
earthquake. [Formerly 456.750; 1991 c.227 §1; 1991 c.310 §1; 1993 c.18 §112;
1993 c.744 §85; 1997 c.259 §3; 1999 c.484 §1; 1999 c.1045 §12; 2003 c.655 §75;
2003 c.675 §§10,11]
     455.020
Purpose; scope of application; exceptions; scope of rules; fees by rule. (1) 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 by earthquakes in existing buildings. The state building code
shall establish uniform performance standards providing reasonable safeguards
for health, safety, welfare, comfort and security of the residents of this
state who are occupants and users of buildings, and will provide for the use of
modern methods, devices, materials, techniques and practicable maximum energy
conservation.
     (2) The rules adopted pursuant to this
chapter shall include structural standards; standards for the installation and
use of mechanical, heating and ventilating devices and equipment; and standards
for prefabricated structures; and shall, subject to ORS 455.210, prescribe
reasonable fees for the issuance of building permits and similar documents,
inspections and plan review services by the Department of Consumer and Business
Services. The department may also establish, by rule, the amount of any fee pertaining
to the state building code or any specialty code that is authorized by statute,
but for which an amount is not specified by statute.
     (3) This chapter does not affect the
statutory jurisdiction and authority of the WorkersÂ’ Compensation Board, under
ORS chapter 654, to promulgate occupational safety and health standards
relating to places of employment, and to administer and enforce all state laws,
regulations, rules, standards and lawful orders requiring places of employment
to be safe and healthful.
     (4) This chapter and any specialty code
does not limit the authority of a municipality to enact regulations providing
for local administration of the state building code; local appeal boards; fees
and other charges; abatement of nuisances and dangerous buildings; enforcement
through penalties, stop-work orders or other means; or minimum health,
sanitation and safety standards for governing the use of structures for
housing, except where the power of municipalities to enact any such regulations
is expressly withheld or otherwise provided for by statute. Pursuant to the
regulation of dangerous buildings, a municipality may adopt seismic
rehabilitation plans that provide for phased completion of repairs that are
designed to provide improved life safety but that may be less than the
standards for new buildings. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2;
1995 c.304 §1; 1995 c.400 §5; 1999 c.1045 §13; 1999 c.1082 §11; 2001 c.710 §8]
     455.022
Appropriation of program fees established by department rule. 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 any of the duties, functions and powers of the department under
ORS 455.240 or 460.310 to 460.370 or under a program for which a fee amount is
established by department rule pursuant to ORS 455.020 (2), without regard to
the source of the moneys. [2001 c.710 §2]
     Note: 455.022 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 by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.030
Rulemaking; notice; content; code distribution; amendment process. (1) 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 or a specialty code. Except as otherwise provided by this
section, the director shall be subject to ORS chapter 183 in the adoption,
amendment or repeal of regulations authorized by, and in the issuance of orders
in contested cases arising under, this chapter.
     (2)(a) In addition to the notice
requirements of ORS 183.335, notice of a public hearing on adoption, amendment
or repeal of a specialty code shall be given to the governing bodies of all
municipalities and the notice shall state that copies of the proposed action
may be obtained from the department.
     (b) The notice of proposed rule change
shall include a finding by the advisory board that the added cost, if any, is
necessary to the health and safety of the occupants or the public or necessary
to conserve scarce resources.
     (c) The director shall maintain a roster
of individuals who wish to be notified of any changes to or interpretations of
the Low-Rise Residential Dwelling Code. Subscribers to the list may be charged
a reasonable amount necessary to defray the cost of maintaining the list and
advising the subscribers of changes in the code.
     (3) The director is not required to
publish or distribute those parts of a specialty code of regulations adopted by
reference. However, the director shall publish with a specialty code and
annually thereafter a list of places where copies of those parts of the
specialty code adopted by reference may be obtained together with the
approximate cost thereof. The director shall file one copy of the rule with the
Secretary of State. All standards referred to in any specialty code or any of
the modifications thereto need not be so filed. All standards and specialty
codes referred to in the specialty code shall be kept on file and available for
inspection in the offices of the department.
     (4) Any interested person may propose
amendments to the state building code, which proposed amendments may be either
applicable to all municipalities or, where it is alleged and established that
conditions exist within a municipality or some municipalities that are not
generally found within other municipalities, amendments may be restricted in
application to such municipalities. Amendments proposed to the state building
code under this subsection shall be in conformity with the policy and purpose
prescribed by ORS 455.020. The justification and the particular circumstances
requiring the proposed amendments shall be fully stated in the proposal. The
director shall submit all proposed amendments to the appropriate advisory board.
The board shall review and report its recommendations to the director on the
amendments within 180 days after the date of submission by the director.
     (5) The director, with the approval of the
advisory board, may adopt or modify and adopt any amendments proposed to the
director under subsection (4) of this section. The director shall, within 30
days after the date of receipt of the recommendations of the advisory board,
notify the person proposing the amendments of the adoption, modification and
adoption or denial of the proposed amendments. Upon adoption, a copy of each
amendment shall be distributed to the governing bodies of all municipalities
affected thereby.
     (6) The director shall from time to time
make or cause to be made investigations, or may accept authenticated reports
from authoritative sources, concerning new materials or modes of construction
intended for use in the construction of buildings or structures, or intended
for use in other activity regulated by the state building code, and shall, where
necessary, propose amendments to the code setting forth the conditions under
which the materials or modes may be used, in accordance with the standards and
procedures of this chapter. [Formerly 456.785; 1991 c.94 §2; 1993 c.744 §86;
1997 c.227 §1; 2003 c.368 §3; 2003 c.675 §12]
     455.035
Effective date of rules. (1)
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.
     (2) Notwithstanding subsection (1) of this
section, a rule adopting construction standards, materials, practices or
provisions under the state building code may become effective on any date.
     (3) The provisions of subsection (1) of
this section do not apply to temporary rules adopted under ORS 183.335 (5). [1995
c.553 §11; 1999 c.116 §1; 2005 c.734 §3]
     Note: 455.035 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.040
State building code preempts local ordinances and rules; exemptions; criteria. (1) 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 Business Services. The directorÂ’s authorization shall not be
considered an amendment to the state building code under ORS 455.030. The
director shall encourage experimentation, innovation and cost effectiveness by
municipalities in the adoption of ordinances, rules or regulations which
conflict with the state building code.
     (2) Subsection (1) of this section is
operative:
     (a) With regard to the state structural
code, July 1, 1974.
     (b) With regard to the state mechanical,
heating and ventilating code, on the effective date of such code as determined
under ORS 183.355.
     (c) With regard to each specialty code not
named by paragraphs (a) and (b) of this subsection, on the effective date, as
determined under ORS 183.355, of the first amendments to such code adopted pursuant
to this chapter. [Formerly 456.775]
     455.042
State building code administrative regions. 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:
     (1) Promote consistent interpretation of
the state building code;
     (2) Resolve disputes between local
building officials and contractors or developers regarding the application of
one or more provisions of the state building code; and
     (3) Provide oversight and enforcement of
ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to
479.945, 479.950, 479.995 and 480.510 to 480.670 and ORS chapters 447, 455, 460
and 693 and the rules adopted under those statutes. [2005 c.833 §2]
     Note: 455.042 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series therein.
See Preface to Oregon Revised Statutes for further explanation.
     455.044
     (2) The Director of the Department of
Consumer and Business Services may adopt by rule a reasonable fee schedule for
the purpose of recovering the costs incurred by the department in providing
services under ORS 455.046. Fees adopted and imposed under this section shall
be in addition to the total building permit fees otherwise imposed in Clackamas,
Multnomah and
     Note: 455.044 to 455.048 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
455 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.046
Installation labels; standardized forms and procedures; use of
     (a) 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;
     (b) Develop standard application forms and
procedures for use by municipalities in Clackamas, Multnomah and Washington
Counties when issuing structural, mechanical, electrical, plumbing and other
permits when those permits do not require a review of building plans;
     (c) Develop standard application forms and
procedures for issuing building permits and recording inspections;
     (d) Develop standard forms and procedures
for reviewing building plans;
     (e) Establish standardized criteria and
methodology for determining fee amounts for permits that are required under the
state building code established under ORS 455.030;
     (f) Maintain and make available to the
public the names of persons certified to review building plans;
     (g) Maintain and make available to the
public the names of persons certified to perform technical inspections; and
     (h) Administer prepaid building permit
cost accounts.
     (2) The department may use the resources
of the
     (a) Assist local building officials in the
administration and enforcement of the state building code; and
     (b) Establish a process to facilitate the
consistent application of the state building code throughout the state. [Formerly
455.844]
     Note: See note under 455.044.
     455.048
Rules. 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. [Formerly 455.846]
     Note: See note under 455.044.
     455.050
Building permits; content.
All building permits issued in this state shall contain the following
information:
     (1) The name and address of the owner of
the building or structure to be constructed or altered under the permit;
     (2) The name and address of the builder or
contractor, if known, who will perform the construction or alteration; and
     (3) The street address and legal
description or tax lot number of the property on which construction or
alteration will occur. [Formerly 456.887]
     Note: 455.050 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 by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.055
Uniform permit, inspection and certificate of occupancy requirements; rules. 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
forms for certificates of occupancy. In adopting rules under this section, the
director may establish a process for a municipality to address conditions that
are unique to the municipalityÂ’s enforcement of the state building code or that
are not addressed by the rules establishing uniform permit, inspection and
certificate of occupancy requirements. [2007 c.549 §2]
     Note: 455.055 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.060
Rulings on acceptability of material, design or method of construction; effect
of approval; fees. (1) 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 any provision of
the state building code. Requests shall be in writing and, if made by anyone
other than a building official, shall be made and the ruling issued prior to
the use or attempted use of such questioned material, design or method.
     (2) In making rulings, the director shall
obtain the approval of the appropriate advisory board as to technical and
scientific facts and shall consider the standards and interpretations published
by the body that promulgated any nationally recognized model code adopted as a
specialty code of this state.
     (3) A copy of the ruling issued by the
director shall be certified to the person making the request. Additional copies
shall be transmitted to all building officials in the state. The director shall
keep a permanent record of all such rulings, and shall furnish copies thereof
to any interested person upon payment of such fees as the director may
prescribe.
     (4) A building official or inspector shall
approve the use of any material, design or method of construction approved by
the director pursuant to this section if the requirements of all other local
ordinances are satisfied. [Formerly 456.845]
     455.065
Alternative regulatory options for emerging technologies; rules. (1) 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 an advisory board that will be affected by the alternative
regulatory option. Rules adopted by the director may include definitions of the
types of products that qualify as emerging technologies and may approve the use
of specific emerging technologies.
     (2) The director shall consider national
and international standards applicable to emerging technologies in adopting
rules under this section.
     (3) Rules adopted by the director under
this section must be limited to a specific site unless statewide application is
approved by an advisory board that will be affected by the alternative
regulatory option.
     (4) Rules adopted by the director under
this section may not adversely affect the scope of practice under any license
issued by the Department of Consumer and Business Services.
     (5) As used in this section, “emerging
technology” means a product that is of a unique type or that has a unique scope
of application and that would provide a benefit to
     455.068
Applicability of construction standards to winery. (1) 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.
     (2) In adopting any construction standards
impacting a winery, the Department of Consumer and Business Services shall
ensure the standards are applicable to all wineries producing wine, as defined
in ORS 471.001, and cider, as defined in ORS 471.023. [2005 c.734 §2]
     Note: 455.068 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.070
Report of suspected code violation; rules; form; appeal. Any person may report a suspected violation
of the state building code, which 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 department shall provide for the disposition of frivolous or
harassing complaints by requiring detailed descriptions of the alleged
violation and reference to the code sections allegedly violated. A copy of the
complaint shall be given by the municipality or agency to the contractor,
building owner and subcontractor, if any, involved in the project alleged to be
in violation. The municipality or agency may charge the complainant for the
necessary costs of supplying, copying and distributing the complaint form. If,
after five working days, no remedial action has taken place, the complainant
has standing to appeal the matter to the appeals board of the municipality,
where one is established, or directly to the applicable state advisory board
where there is no local appeals board. The municipal appeals board or state
advisory board shall reach a final decision within 14 days of the complainantÂ’s
appeal. A municipal appeals board decision shall then be subject to appeal to a
state advisory board under ORS 455.690, provided that the state advisory board
shall reach a final determination within 14 days of notice of an appeal. A
record of the written complaint and the findings of the appeals and advisory
boards may be introduced into evidence in any judicial proceeding for damages
brought against the complainant by any person suffering damages as a result of
the complaint. [Formerly 456.842; 1993 c.744 §87]
     455.080
Inspector may require proof of compliance. 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 who is engaged in any
activity regulated by the state building code to demonstrate proof of
compliance with the applicable licensing, registration or certification
requirements of ORS chapters 446, 447, 455, 460, 479, 480, 693 and 701. [Formerly
456.802; 1999 c.1045 §14; 2001 c.411 §16]
     Note: 455.080 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 by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.085
Publication; readability; funding. (1) 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
residential dwellings in two separate publications. One publication shall
contain the applicable provisions of the specialty code adopted under ORS
479.730 (1) and the other publication shall contain the remaining applicable
provisions of the state building code. The text of the publications made under
this section shall be readable at the ninth grade level of reading, as
determined by the director under one or more standard recognized readability
formulas, including, but not limited to, the Flesch, Fry or Dale Chall tests.
     (2) The publications under subsection (1)
of this section shall be paid for by funds donated by interested citizens, who
shall be made aware of the project by the Department of Consumer and Business
Services through public service announcements and other nominal-cost
advertising. Funds shall be collected until sufficient funds are available to
conduct the publication. Refunds shall be made to the donors if sufficient
funds are not collected. [Formerly 456.787 and then 455.635; 2003 c.675 §13]
     455.090
Building codes information and services system or network. 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 building codes information and services, including but not limited
to developing resource sharing arrangements with private industry, obtaining
foundation grants and obtaining federal funding. [2003 c.336 §1; 2005 c.56 §3]
     Note: 455.090 and 455.095 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
455 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.095
Electronic access to building codes information and services. The Department of Consumer and Business
Services shall develop and implement a system that provides electronic access
to building codes information. The department shall make the system accessible
for use by municipalities in carrying out the building inspection programs
administered and enforced by the municipalities. The building codes information
and services available through the system may include, but need not be limited
to:
     (1) Licensing, permit, inspection and
other relevant information;
     (2) Access to forms;
     (3) Electronic submission of permit
applications;
     (4) Electronic submission of plans for
review;
     (5) Electronic issuance of minor label or
other appropriate permits;
     (6) Access to permit and inspection
processes; and
     (7) Scheduling of inspections, tracking of
corrections and granting of approvals. [2003 c.336 §2; 2005 c.56 §4; 2007 c.69 §4]
     Note: See note under 455.090.
     455.097
Electronic access system development and implementation; uniform form and
format for electronic exchange of building program information; waiver of
contrary form and format requirements; rules. (1) As used in this section, “form and format”:
     (a) 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.
     (b) Does not mean altering the substance
of information or the addition or omission of information.
     (2) The purpose of this section and ORS
455.095 is to enable the Department of Consumer and Business Services to
develop and implement a system that:
     (a) Provides electronic access to building
codes information;
     (b) Is designed to offer a full range of
electronic building permits services;
     (c) Allows the streamlining of building
inspection services;
     (d) Provides a uniform form and format for
submitting building codes information electronically; and
     (e) Is available for use by any
municipality administering and enforcing a building inspection program.
     (3) The department shall adopt rules to
govern the form and format of building permit applications, building plans,
specifications and other building program information exchanged through the
electronic building codes information system described in ORS 455.095.
     (4) The department may waive a contrary
form and format requirement imposed by statute or ordinance or by the rules of
another agency for the submission of information in physical form to the extent
the waiver is necessary to facilitate the submission of the information
electronically. The department may accept an electronic reproduction of a
signature, stamp, seal, certification or notarization as the equivalent of the
original or may accept the substitution of identifying information for the
signature, stamp, seal, certification or notarization. The department may not
waive a requirement imposed by statute or ordinance or by the rules of another
agency, other than a form and format requirement.
     (5) A person exchanging information
through the electronic building codes information system in a form and format
acceptable to the department is not subject to any licensing sanction, civil
penalty, fine, permit disapproval or revocation or other sanction for failure
to comply with a form or format requirement imposed by statute, ordinance or
rule for submission of the information in physical form, including but not
limited to any requirement that the information be in a particular form or of a
particular size, be submitted with multiple copies, be physically attached to
another document be an original document or be signed, stamped, sealed,
certified or notarized. [2007 c.69 §2]
     Note: 455.097 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
(Director;
Boards)
     455.100
Duties of director. 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 prefabricated structures codes. [Formerly
456.790; 1993 c.18 §113; 1993 c.744 §88; 2003 c.675 §§14,15]
     455.110
Other duties of director; rules. Except as otherwise provided by ORS chapters 446, 447, 460, 476, ORS
479.015 to 479.220, 479.510 to 479.945, 479.990 and 479.995 and ORS chapter
480:
     (1) 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.
     (2) The director, with the approval of the
appropriate advisory boards, shall adopt codes and standards, including
regulations as authorized by ORS 455.020 governing the construction,
reconstruction, alteration and repair of buildings and other structures and the
installation of mechanical devices and equipment therein. The regulations may
include rules for the administration and enforcement of a certification system
for persons performing work under the codes and standards adopted under this
subsection. However, this subsection does not authorize the establishment of a
separate certification for performing work on low-rise residential dwellings.
     (3) The director, with the approval of the
appropriate advisory boards, may amend such codes from time to time. The codes
of regulations and any amendment thereof shall conform insofar as practicable
to model building codes generally accepted and in use throughout the
     (4) The director shall adopt rules
requiring a journeyman plumber licensed under ORS chapter 693 or an apprentice
plumber, as defined in ORS 693.010, who tests backflow assemblies to complete a
state-approved training program for the testing of those assemblies. [Formerly
456.770; 2003 c.675 §16; 2005 c.736 §2; 2007 c.71 §140]
     455.112
Elimination of unclear, duplicative, conflicting or inadequate provisions;
rules. Notwithstanding ORS
455.030 and 455.110, 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, administer or enforce the state
building code when any provision of the state building code is unclear,
duplicative or in conflict with another or when the code does not adequately
address a project of a unique type or scope. The director must obtain the
approval of the appropriate advisory boards prior to adopting a rule under this
section. [2003 c.367 §2]
     Note: 455.112 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.117
Adoption of rules governing licensing, certification or registration. (1) 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:
     (a) The form and content of an application
for issuance or renewal of a license, certificate or registration;
     (b) Training and continuing education
requirements to maintain a license, certificate or registration;
     (c) The form and content of and the
process for preparing and administering examinations and examination reviews;
     (d) The term of a license, certificate or
registration; and
     (e) The creation of a system for combining
two or more licenses, certificates or registrations issued to an individual by
an advisory board or the Department of Consumer and Business Services into a
single license, certificate, registration or other authorization.
     (2) Subsection (1) of this section applies
to the following:
     (a) Subject to ORS 446.003 to 446.200,
446.225 to 446.285 and 446.395 to 446.420, with the approval of the
Manufactured Structures and Parks Advisory Board, the Department of Consumer
and Business Services for purposes of licenses, certificates and registrations
issued under ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420.
     (b) Subject to ORS 447.010 to 447.156 and
ORS chapter 693, the State Plumbing Board for purposes of licenses issued under
ORS 447.010 to 447.156 and ORS chapter 693.
     (c) Subject to ORS 460.005 to 460.175,
after consultation with the Electrical and Elevator Board, the department for
purposes of licenses issued under ORS 460.005 to 460.175.
     (d) Subject to ORS 479.510 to 479.945, the
Electrical and Elevator Board for purposes of licenses issued under ORS 446.210
or 479.510 to 479.945.
     (e) Subject to ORS 480.510 to 480.670, the
Board of Boiler Rules for purposes of licenses issued under ORS 480.510 to
480.670.
     (3) This section does not authorize the
adoption of rules regulating:
     (a) Building officials, inspectors, plan
reviewers or municipalities;
     (b) Persons engaged in the manufacture,
conversion or repair of prefabricated structures, prefabricated components or
recreational vehicles; or
     (c) Master builders certified under ORS
455.800 to 455.820. [2005 c.758 §2]
     Note: 455.117 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.122
Combinations of licenses; rules. (1) 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.
     (2) Notwithstanding any issuance or
renewal dates established by rule under ORS 455.117, subsection (1) of this
section applies to contractor or business licenses by the Electrical and
Elevator Board, the Board of Boiler Rules or the State Plumbing Board.
     (3) The director shall establish rules to
implement the system described in this section. The rules must establish the
combinations of licenses for which a simultaneous issuance or renewal is
offered, the term and expiration date for the combination, the appropriate fees
for administering the system, the criteria for issuance and renewal and the
other standards and criteria deemed by the Department of Consumer and Business
Services to be necessary to administer and enforce the system. [2003 c.136 §2;
2005 c.758 §18]
     Note: 455.122 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.125
Denial, suspension, conditioning or revocation of license, certificate,
registration or other authorization. (1) In addition to any other sanction, remedy or penalty provided by
law, the Director of the Department of Consumer and Business Services or an
appropriate advisory board may deny, suspend, condition or revoke a
registration, certification, license or other authority to perform work or
conduct business issued under laws administered by the Department of Consumer
and Business Services or advisory board if the holder:
     (a) Fails to comply with a provision 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 with any rule adopted under those statutes or under ORS 455.117; or
     (b) Engages in an act for which the
Construction Contractors Board imposes a sanction on the holder under ORS
701.098.
     (2) For purposes of ORS 701.100, a
compliance failure described in subsection (1)(a) of this section for which the
director or an advisory board denies, suspends, conditions or revokes a
registration, certification, license or other authority to perform work or
conduct business may be treated as a failure to be in conformance with this
chapter. [2003 c.361 §2; 2005 c.758 §19; 2007 c.306 §1]
     Note: 455.125 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     Note: 701.100 was repealed by section 16, chapter
114, Oregon Laws 2007. The text of 455.125 was not amended by enactment of the
Legislative Assembly to reflect the repeal. Editorial adjustment of 455.125 for
the repeal of 701.100 has not been made.
     455.127
Disqualification from obtaining license, registration, certificate or certification. (1) 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.
     (2) The Director of the Department of
Consumer and Business Services, the Department of Consumer and Business
Services or an appropriate advisory board may disqualify a person from
obtaining or renewing a license, registration, certificate or certification if
the person:
     (a) Is or has been subject to civil
penalties, revocation, cancellation or suspension of a license, registration,
certificate or certification or other sanction by the director, department or
an advisory board; or
     (b) Is or has been directly involved in an
act for which the director, department or an advisory board has levied civil
penalties, revoked, canceled or suspended a license, registration, certificate
or certification or imposed other sanction while the person served as a
principal, director, officer, owner, majority shareholder, member or manager of
a limited liability company or in another capacity with direct or indirect
control over another business.
     (3) A disqualification under subsection
(2) of this section shall be for a period determined by the director,
department or appropriate advisory board by rule, not to exceed five years. If
a person applies for reinstatement of a revoked license, registration,
certificate or certification after the period of disqualification, the person
must meet the qualifications for initial issuance of the license, registration,
certificate or certification. [2005 c.416 §2; 2005 c.758 §56h]
     Note: 455.127 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.129
Additional grounds for denial, suspension, conditioning or revocation of
license, certificate, registration or application. (1) Subject to ORS chapter 183, except as
provided in subsection (4) of this section, a regulatory body listed in
subsection (2) of this section may deny a license, certificate, registration or
application or may suspend, revoke, condition or refuse to renew a license,
certificate or registration if the regulatory body finds that the licensee,
certificate holder, registrant or applicant:
     (a) Has failed to comply with the laws
administered by the regulatory body or with the rules adopted by the regulatory
body.
     (b) Has failed to comply with an order of
the regulatory body or the Director of the Department of Consumer and Business
Services, including but not limited to the failure to pay a civil penalty.
     (c) Has filed an application for a
license, certificate or registration that, as of the date the license,
certificate or registration was issued or the date of an order denying the
application, was incomplete in any material respect or contained a statement
that, in light of the circumstances under which it was made, was incorrect or
misleading in any respect.
     (d) Has performed work without appropriate
licensing, certification or registration or has employed individuals to perform
work without appropriate licensing, certification or registration.
     (e) Has failed to meet any condition or
requirement to obtain or maintain a license, certificate or registration.
     (f) Has acted in a manner creating a
serious danger to the public health or safety.
     (g) Has been subject to a revocation,
cancellation or suspension order or to other disciplinary action by the
Construction Contractors Board or has failed to pay a civil penalty imposed by
the board.
     (h) Has been subject to a revocation,
cancellation or suspension order or to other disciplinary action by another
state in regard to construction standards, permit requirements or
construction-related licensing violations or has failed to pay a civil penalty
imposed by the other state in regard to construction standards, permit
requirements or construction-related licensing violations.
     (i) Has, while performing work that
requires or that is related to work that requires a valid license or
certificate under 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, this chapter or ORS
chapter 447, 460 or 693, violated any statute or rule related to the state
building code.
     (j) Is a business, the owner or an officer
of which has an outstanding obligation to pay a civil penalty assessed under
ORS 455.895 or has been the subject of action against the license, certificate
or registration by the Department of Consumer and Business Services, the
director or any advisory board.
     (k) Is a business, owner or officer of a
reorganized business entity as defined in ORS 657.682, if an owner, officer,
shareholder or partner of the reorganized business entity, or a member if the
reorganized business entity is a member-managed limited liability company, has
been subject to a revocation or suspension order or to a condition or civil
penalty under 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, this chapter or ORS chapter
447, 460, 693 or 701, or by another state in regard to construction standards,
permit requirements or construction-related licensing violations.
     (L) Is ordered to pay damages under a
judgment or arbitration award that relates to construction and that has become
final by operation of law or on appeal.
     (m) Is a business, the owner or an officer
of which was an owner or officer in another business at the time:
     (A) The other business was assessed a
civil penalty under ORS 455.895 that remains unpaid; or
     (B) An act or failure to act by any owner
or officer of the other business resulted in action being taken against the
license, certificate or registration of the other business by the department,
the director or any advisory board.
     (2) Subsection (1) of this section applies
to:
     (a) The State Plumbing Board for purposes
of licenses issued under ORS 447.010 to 447.156 or ORS chapter 693.
     (b) The Electrical and Elevator Board for
purposes of licenses issued under ORS 446.210 or 479.510 to 479.945.
     (c) The Board of Boiler Rules for purposes
of licenses issued under ORS 480.510 to 480.670.
     (d) The department for purposes of
licenses issued under this chapter.
     (e) The department, subject to Electrical
and Elevator Board approval, for purposes of licenses issued under ORS 460.005
to 460.175.
     (f) The department, subject to
Manufactured Structures and Parks Advisory Board approval, for purposes of
licenses, certificates and registrations issued under ORS 446.003 to 446.200,
446.225 to 446.285 and 446.395 to 446.420.
     (3) The department may administer and
enforce subsection (1) of this section in the same manner and to the same
extent as any advisory board.
     (4) This section does not apply to
licenses, certificates, registrations or applications for licensure,
certification or registration involving inspectors or involving persons engaged
in the manufacture, conversion or repair of prefabricated structures,
prefabricated components or recreational vehicles. [2005 c.758 §4; 2007 c.306 §2]
     Note: 455.129 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.130 [Formerly 456.780; 1989 c.224 §118; repealed
by 1993 c.744 §41]
     455.132
Building Codes Structures Board; duties; membership. (1) There is established in the Department
of Consumer and Business Services a Building Codes Structures Board consisting
of nine members.
     (2) 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 accessibility to persons with physical
disabilities program described in ORS 447.210 to 447.280.
     (3) The board shall consist of members
broadly representative of the industries and professions involved in the
development and construction of buildings and energy conservation, including:
     (a) An architect or engineer;
     (b) A general contractor, as defined in
ORS 701.005, specializing in the construction of buildings more than three
stories above grade;
     (c) A contractor specializing in
construction for heavy industry;
     (d) A representative of the building
trade;
     (e) A representative of a utility or
energy supplier;
     (f) A representative of a fire protection
agency;
     (g) A building official;
     (h) An owner or manager of a commercial
office building; and
     (i) A representative selected from
individuals recommended by the Oregon Disabilities Commission. [1993 c.744 §80;
1995 c.249 §1; 2003 c.675 §§17,18,19]
     Note: 455.132, 455.138 and 455.144 were added to
and made a part of ORS chapter 455 by legislative action but were not added to
any series therein. See Preface to Oregon Revised Statutes for further
explanation.
     455.135
Residential Structures Board; duties; membership. (1) There is established a Residential
Structures Board consisting of nine members appointed by the Governor.
     (2) 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.
     (3) The board must consist of:
     (a) One contractor specializing in the
construction of residential structures;
     (b) One contractor specializing in the
remodeling of residential structures;
     (c) One contractor specializing in
building multifamily housing three stories or less above grade;
     (d) One home designer or architect;
     (e) One building official;
     (f) One representative of residential
building trade subcontractors;
     (g) One structural engineer;
     (h) One representative of a utility or
energy supplier; and
     (i) One public member who does not receive
compensation from any interest represented under paragraphs (a) to (h) of this
subsection. [2003 c.675 §2]
     Note: 455.135 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.138
Electrical and Elevator Board; duties; membership. (1) There is established in the Department
of Consumer and Business Services an Electrical and Elevator Board consisting
of 15 members.
     (2) 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 described in ORS 460.005 to 460.175.
     (3) The board shall be composed of:
     (a) A fire and casualty underwriter;
     (b) A representative of industrial plants
regularly employing licensed electricians;
     (c) A person representing the power and
light industry;
     (d) An electrical equipment supplier who
otherwise qualifies by experience in the industry;
     (e) An elevator manufacturing
representative;
     (f) One member from the electrical
equipment manufacturing industry who otherwise qualifies by experience and
training in electricity;
     (g) Two journeyman electricians;
     (h) An electrical inspector;
     (i) Two electrical contractors;
     (j) A municipal building official;
     (k) A journeyman elevator installer;
     (L) An owner or manager of a commercial
office building; and
     (m) A public member who does not receive
compensation from any interest described in paragraphs (a) to (L) of this
subsection. [1993 c.744 §81; 1995 c.249 §2]
     Note: See note under 455.132.
     455.140
Mechanical Board; duties; membership. (1) There is established a Mechanical Board consisting of nine members
appointed by the Governor.
     (2) 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.
     (3) The board must consist of:
     (a) One representative of the plumbing
industry;
     (b) One sheet metal and air conditioner
contractor;
     (c) One municipal mechanical inspector possessing
the highest level of mechanical inspector certification issued by the
Department of Consumer and Business Services;
     (d) One heating, venting and air
conditioning contractor;
     (e) One heating, venting and air
conditioning installer;
     (f) One sheet metal and air conditioner
installer;
     (g) One representative of a natural gas
company or other utility;
     (h) One building official; and
     (i) One public member who does not receive
compensation from any interest represented under paragraphs (a) to (h) of this
subsection.
     (4) At least one of the board members
described in subsection (3)(b) or (d) of this section must be an owner or
operator of a contracting business employing 10 or fewer persons at the time of
the member’s appointment to the term. [2003 c.675 §4]
     Note: 455.140 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 by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.144
Terms; compensation; officers; quorum; meetings; rules; removal of members;
confirmation. (1) The
Building Codes Structures Board, the Electrical and Elevator Board, the
Residential Structures Board and the Mechanical Board shall each be organized
and governed as described in this section.
     (2)(a) The term of office of each member
is four years and no member shall be eligible for appointment to more than two
full terms of office. The Governor shall appoint the members of each board and
the board members shall serve at the pleasure of the Governor.
     (b) Before the expiration of the term of a
member, the Governor shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a vacancy for
any cause, the Governor shall make an appointment to become immediately
effective for the unexpired term.
     (3) A member of each board is entitled to
compensation and expenses as provided in ORS 292.495.
     (4) A board shall select one of its
members as chairperson and another as vice chairperson, for such terms and with
duties and powers necessary for the performance of the functions of such office
as the board determines.
     (5) A majority of the members of a board
constitutes a quorum for the transaction of business.
     (6) Each board shall meet once every three
months at a place, day and hour determined by the board. A board shall also
meet at other times and places specified by the call of the Director of the
Department of Consumer and Business Services.
     (7) In accordance with applicable
provisions of ORS chapter 183, the director may adopt rules necessary for the
administration of the laws that the Department of Consumer and Business
Services is charged with administering.
     (8) The Governor may remove a board member
for good cause. “Good cause” for removal of a member includes, but is not
limited to, three unexcused absences during any 12-month period from a
regularly scheduled board meeting.
     (9) The appointment of a member of a board
is subject to confirmation by the Senate pursuant to section 4, Article III of
the Oregon Constitution. [1993 c.744 §83; 2003 c.675 §§20,21]
     Note: See note under 455.132.
(Municipal
Regulation)
     455.148
Comprehensive municipal building inspection programs; building officials;
rules; program duration, plan, failure, abandonment and resumption. (1)(a) A municipality that assumes the
administration and enforcement of a building inspection program shall
administer and enforce the program for all of the following:
     (A) The state building code, as defined in
ORS 455.010, except as set forth in paragraph (b) of this subsection.
     (B) Manufactured structure installation
requirements under ORS 446.155, 446.185 (1) and 446.230.
     (C) Manufactured dwelling parks and mobile
home parks under ORS chapter 446.
     (D) Park and camp programs regulated under
ORS 455.680.
     (E) Tourist facilities regulated under ORS
446.310 to 446.350.
     (F) Manufactured dwelling alterations
regulated under ORS 446.155.
     (G) Manufactured structure accessory
buildings and structures under ORS 446.253.
     (H) Boilers and pressure vessels described
in rules adopted under ORS 480.525 (4).
     (b) A building inspection program of a
municipality may not include:
     (A) Boiler and pressure vessel programs
under ORS 480.510 to 480.670 except those described in rules adopted under ORS
480.525 (4);
     (B) Elevator programs under ORS 460.005 to
460.175;
     (C) Amusement ride regulation under ORS
460.310 to 460.370;
     (D) Prefabricated structure regulation
under ORS chapter 455;
     (E) Manufacture of manufactured structures
programs under ORS 446.155 to 446.285, including the administration and
enforcement of federal manufactured dwelling construction and safety standards
adopted under ORS 446.155 or the National Manufactured Housing Construction and
Safety Standards Act of 1974;
     (F) Licensing and certification, or the
adoption of statewide codes and standards, under ORS chapter 446, 447, 455, 479
or 693; or
     (G) Review of plans and specifications as
provided in ORS 455.685.
     (2) A municipality that administers a
building inspection program as allowed under this section shall do so for
periods of four years. The Department of Consumer and Business Services shall
adopt rules to adjust time periods for administration of a building inspection
program to allow for variations in the needs of the department and
participants.
     (3) When a municipality administers a
building inspection program, the governing body of the municipality shall,
unless other means are already provided, appoint a person to administer and
enforce the building inspection program, who shall be known as the building
official. A building official shall, in the municipality for which appointed,
attend to all aspects of code enforcement, including the issuance of all
building permits. Two or more municipalities may combine in the appointment of
a single building official for the purpose of administering a building
inspection program within their communities.
     (4)(a) By January 1 of the year preceding
the expiration of the four-year period described in subsection (2) of this
section, the governing body of the municipality shall notify the Director of
the Department of Consumer and Business Services and, if the municipality is
not a county, notify the county whether the municipality will continue to
administer and enforce the building inspection program after expiration of the
four-year period.
     (b) Notwithstanding the January 1 date set
forth in paragraph (a) of this subsection, the director and the municipality
and, if the municipality is not a county, the county may by agreement extend
that date to no later than March 1.
     (5) If a city does not notify the
director, or notifies the director that it will not administer the building
inspection program, the county or counties in which the city is located shall
administer and enforce the county program within the city in the same manner as
the program is administered and enforced outside the city, except as provided
by subsection (6) of this section.
     (6) If a county does not notify the
director, or notifies the director that it will not administer and enforce a
building inspection program, the director shall contract with a municipality or
other person or use such state employees or state agencies as are necessary to
administer and enforce a building inspection program, and permit or other fees
arising therefrom shall be paid into the Consumer and Business Services Fund
created by ORS 705.145 and credited to the account responsible for paying the
expenses thereof. A state employee may not be displaced as a result of using contract
personnel.
     (7)(a) The governing body of a
municipality may commence responsibility for the administration and enforcement
of a building inspection program beginning July 1 of any year by notifying the
director no later than January 1 of the same year and obtaining the directorÂ’s
approval of an assumption plan as described in subsection (11)(c) of this
section.
     (b) Notwithstanding paragraph (a) of this
subsection, a municipality may not assume responsibility for administering and
enforcing a building inspection program within the municipality unless:
     (A) Prior to the assumption, the
municipality is subject to ORS 455.150; or
     (B) Responsibility for the program is
being assumed from the department.
     (8) The department shall adopt rules to
require the governing body of each municipality assuming or continuing a
building inspection program under this section to submit a written plan with
the notice required under subsection (4) or (7) of this section. If the
department is the governing body, the department shall have a plan on file. The
plan must specify how cooperation with the State Fire Marshal or a designee of
the State Fire Marshal will be achieved and how a uniform fire code will be
considered in the review process of the design and construction phases of
buildings or structures.
     (9) A municipality that administers and
enforces a building inspection program pursuant to this section shall recognize
and accept the performances of state building code activities by businesses and
persons authorized under ORS 455.457 to perform the activities as if the
activities were performed by the municipality. A municipality is not required
to accept an inspection, a plan or a plan review that does not meet the
requirements of the state building code.
     (10) The department or a municipality that
accepts an inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for the
activities of the licensee.
     (11) In addition to the requirements of
ORS 455.100 and 455.110, the director shall regulate building inspection
programs that municipalities assume on or after January 1, 2002. Regulation
under this subsection shall include but not be limited to:
     (a) Creating building inspection program
application and amendment requirements and procedures;
     (b) Granting or denying applications for
building inspection program authority and amendments;
     (c) Requiring a municipality assuming a
building inspection program to submit with the notice given under subsection (7)
of this section an assumption plan that includes, at a minimum:
     (A) A description of the intended
availability of program services, including proposed service agreements for
carrying out the program during at least the first two years;
     (B) Demonstration of the ability and
intent to provide building inspection program services for at least two years;
     (C) An estimate of proposed permit revenue
and program operating expenses;
     (D) Proposed staffing levels; and
     (E) Proposed service levels;
     (d) Reviewing procedures and program
operations of municipalities;
     (e) Creating standards for efficient,
effective, timely and acceptable building inspection programs;
     (f) Creating standards for justifying
increases in building inspection program fees adopted by a municipality;
     (g) Creating standards for determining
whether a county or department building inspection program is economically
impaired in its ability to reasonably continue providing the program throughout
a county, if another municipality is allowed to provide a building inspection
program within the same county; and
     (h) Enforcing the requirements of this
section.
     (12) The department may assume
administration of a building inspection program:
     (a) During the pendency of activities
under ORS 455.770;
     (b) If a municipality abandons or is no
longer able to administer the building inspection program; and
     (c) If a municipality fails to
substantially comply with any provision of this section or of ORS 455.465,
455.467 and 455.469.
     (13) A municipality that abandons or
otherwise ceases to administer a building inspection program that the
municipality assumed under this section may not resume the administration or
enforcement of the program for at least two years. The municipality may resume
the administration and enforcement of the abandoned program only on July 1 of
an odd-numbered year. Prior to resuming the administration and enforcement of
the program, the municipality must follow the notification procedure set forth
in subsection (7) of this section. [2001 c.573 §1; 2005 c.22 §328; 2007 c.487 §1;
2007 c.549 §4]
     Note
1: The amendments to 455.148
by section 1, chapter 487,
     455.148. (1)(a) A municipality that assumes the
administration and enforcement of a building inspection program shall
administer and enforce the program for all of the following:
     (A) The state building code, as defined in
ORS 455.010, except as set forth in paragraph (b) of this subsection;
     (B) Manufactured structure installation
requirements under ORS 446.155, 446.185 (1) and 446.230;
     (C) Manufactured dwelling parks and mobile
home parks under ORS chapter 446;
     (D) Park and camp programs regulated under
ORS 455.680;
     (E) Tourist facilities regulated under ORS
446.310 to 446.350;
     (F) Manufactured dwelling alterations
regulated under ORS 446.155; and
     (G) Manufactured structure accessory
buildings and structures under ORS 446.253.
     (b) A building inspection program of a
municipality may not include:
     (A) Boiler and pressure vessel programs
under ORS 480.510 to 480.670;
     (B) Elevator programs under ORS 460.005 to
460.175;
     (C) Amusement ride regulation under ORS
460.310 to 460.370;
     (D) Prefabricated structure regulation
under ORS chapter 455;
     (E) Manufacture of manufactured structures
programs under ORS 446.155 to 446.285, including the administration and
enforcement of federal manufactured dwelling construction and safety standards
adopted under ORS 446.155 or the National Manufactured Housing Construction and
Safety Standards Act of 1974;
     (F) Licensing and certification, or the
adoption of statewide codes and standards, under ORS chapter 446, 447, 455, 479
or 693; or
     (G) Review of plans and specifications as
provided in ORS 455.685.
     (2) A municipality that administers a
building inspection program as allowed under this section shall do so for
periods of four years. The Department of Consumer and Business Services shall
adopt rules to adjust time periods for administration of a building inspection
program to allow for variations in the needs of the department and
participants.
     (3) When a municipality administers a
building inspection program, the governing body of the municipality shall,
unless other means are already provided, appoint a person to administer and
enforce the building inspection program, who shall be known as the building official.
A building official shall, in the municipality for which appointed, attend to
all aspects of code enforcement, including the issuance of all building
permits. Two or more municipalities may combine in the appointment of a single
building official for the purpose of administering a building inspection
program within their communities.
     (4)(a) By January 1 of the year preceding
the expiration of the four-year period described in subsection (2) of this
section, the governing body of the municipality shall notify the Director of
the Department of Consumer and Business Services and, if the municipality is
not a county, notify the county whether the municipality will continue to
administer and enforce the building inspection program after expiration of the four-year
period.
     (b) Notwithstanding the January 1 date set
forth in paragraph (a) of this subsection, the director and the municipality
and, if the municipality is not a county, the county may by agreement extend
that date to no later than March 1.
     (5) If a city does not notify the
director, or notifies the director that it will not administer the building
inspection program, the county or counties in which the city is located shall
administer and enforce the county program within the city in the same manner as
the program is administered and enforced outside the city, except as provided
by subsection (6) of this section.
     (6) If a county does not notify the
director, or notifies the director that it will not administer and enforce a
building inspection program, the director shall contract with a municipality or
other person or use such state employees or state agencies as are necessary to
administer and enforce a building inspection program, and permit or other fees
arising therefrom shall be paid into the Consumer and Business Services Fund
created by ORS 705.145 and credited to the account responsible for paying the
expenses thereof. A state employee may not be displaced as a result of using
contract personnel.
     (7)(a) The governing body of a
municipality may commence responsibility for the administration and enforcement
of a building inspection program beginning July 1 of any year by notifying the
director no later than January 1 of the same year and obtaining the directorÂ’s
approval of an assumption plan as described in subsection (11)(c) of this
section.
     (b) Notwithstanding paragraph (a) of this
subsection, a municipality may not assume responsibility for administering and
enforcing a building inspection program within the municipality unless:
     (A) Prior to the assumption, the
municipality is subject to ORS 455.150; or
     (B) Responsibility for the program is
being assumed from the department.
     (8) The department shall adopt rules to
require the governing body of each municipality assuming or continuing a building
inspection program under this section to submit a written plan with the notice
required under subsection (4) or (7) of this section. If the department is the
governing body, the department shall have a plan on file. The plan must specify
how cooperation with the State Fire Marshal or a designee of the State Fire
Marshal will be achieved and how a uniform fire code will be considered in the
review process of the design and construction phases of buildings or
structures.
     (9) A municipality that administers and
enforces a building inspection program pursuant to this section shall recognize
and accept the performances of state building code activities by businesses and
persons authorized under ORS 455.457 to perform the activities as if the
activities were performed by the municipality. A municipality is not required
to accept an inspection, a plan or a plan review that does not meet the
requirements of the state building code.
     (10) The department or a municipality that
accepts an inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for the
activities of the licensee.
     (11) In addition to the requirements of
ORS 455.100 and 455.110, the director shall regulate building inspection
programs that municipalities assume on or after January 1, 2002. Regulation
under this subsection shall include but not be limited to:
     (a) Creating building inspection program
application and amendment requirements and procedures;
     (b) Granting or denying applications for
building inspection program authority and amendments;
     (c) Requiring a municipality assuming a
building inspection program to submit with the notice given under subsection
(7) of this section an assumption plan that includes, at a minimum:
     (A) A description of the intended
availability of program services, including proposed service agreements for
carrying out the program during at least the first two years;
     (B) Demonstration of the ability and
intent to provide building inspection program services for at least two years;
     (C) An estimate of proposed permit revenue
and program operating expenses;
     (D) Proposed staffing levels; and
     (E) Proposed service levels;
     (d) Reviewing procedures and program
operations of municipalities;
     (e) Creating standards for efficient,
effective, timely and acceptable building inspection programs;
     (f) Creating standards for justifying
increases in building inspection program fees adopted by a municipality;
     (g) Creating standards for determining
whether a county or department building inspection program is economically
impaired in its ability to reasonably continue providing the program throughout
a county, if another municipality is allowed to provide a building inspection
program within the same county; and
     (h) Enforcing the requirements of this
section.
     (12) The department may assume
administration of a building inspection program:
     (a) During the pendency of activities
under ORS 455.770;
     (b) If a municipality abandons or is no
longer able to administer the building inspection program; and
     (c) If a municipality fails to
substantially comply with any provision of this section or of ORS 455.465,
455.467 and 455.469.
     (13) A municipality that abandons or
otherwise ceases to administer a building inspection program that the
municipality assumed under this section may not resume the administration or
enforcement of the program for at least two years. The municipality may resume
the administration and enforcement of the abandoned program only on July 1 of
an odd-numbered year. Prior to resuming the administration and enforcement of
the program, the municipality must follow the notification procedure set forth
in subsection (7) of this section.
Note 2: The amendments to 455.148 by section 5, chapter 549, Oregon Laws 2007,
apply to the assumption of building inspection programs on or after July 1,
2010. See section 7, chapter 549, Oregon Laws 2007. The text that applies on
and after July 1, 2010, is set forth for the userÂ’s convenience.
     455.148. (1)(a) A municipality that assumes the
administration and enforcement of a building inspection program shall
administer and enforce the program for all of the following:
     (A) The state building code, as defined in
ORS 455.010, except as set forth in paragraph (b) of this subsection.
     (B) Manufactured structure installation
requirements under ORS 446.155, 446.185 (1) and 446.230.
     (C) Manufactured dwelling parks and mobile
home parks under ORS chapter 446.
     (D) Park and camp programs regulated under
ORS 455.680.
     (E) Tourist facilities regulated under ORS
446.310 to 446.350.
     (F) Manufactured dwelling alterations
regulated under ORS 446.155.
     (G) Manufactured structure accessory
buildings and structures under ORS 446.253.
     (H) Boilers and pressure vessels described
in rules adopted under ORS 480.525 (4).
     (b) A building inspection program of a
municipality may not include:
     (A) Boiler and pressure vessel programs
under ORS 480.510 to 480.670 except those described in rules adopted under ORS
480.525 (4);
     (B) Elevator programs under ORS 460.005 to
460.175;
     (C) Amusement ride regulation under ORS
460.310 to 460.370;
     (D) Prefabricated structure regulation
under ORS chapter 455;
     (E) Manufacture of manufactured structures
programs under ORS 446.155 to 446.285, including the administration and
enforcement of federal manufactured dwelling construction and safety standards
adopted under ORS 446.155 or the National Manufactured Housing Construction and
Safety Standards Act of 1974;
     (F) Licensing and certification, or the
adoption of statewide codes and standards, under ORS chapter 446, 447, 455, 479
or 693; or
     (G) Review of plans and specifications as
provided in ORS 455.685.
     (2) A municipality that administers a
building inspection program as allowed under this section shall do so for
periods of four years. The Department of Consumer and Business Services shall
adopt rules to adjust time periods for administration of a building inspection
program to allow for variations in the needs of the department and
participants.
     (3) When a municipality administers a
building inspection program, the governing body of the municipality shall,
unless other means are already provided, appoint a person to administer and
enforce the building inspection program, who shall be known as the building official.
A building official shall, in the municipality for which appointed, attend to
all aspects of code enforcement, including the issuance of all building
permits. Two or more municipalities may combine in the appointment of a single
building official for the purpose of administering a building inspection
program within their communities.
     (4)(a) By January 1 of the year preceding
the expiration of the four-year period described in subsection (2) of this
section, the governing body of the municipality shall notify the Director of
the Department of Consumer and Business Services and, if the municipality is
not a county, notify the county whether the municipality will continue to
administer and enforce the building inspection program after expiration of the
four-year period.
     (b) Notwithstanding the January 1 date set
forth in paragraph (a) of this subsection, the director and the municipality
and, if the municipality is not a county, the county may by agreement extend
that date to no later than March 1.
     (5) If a city does not notify the
director, or notifies the director that it will not administer the building
inspection program, the county or counties in which the city is located shall
administer and enforce the county program within the city in the same manner as
the program is administered and enforced outside the city, except as provided
by subsection (6) of this section.
     (6) If a county does not notify the
director, or notifies the director that it will not administer and enforce a
building inspection program, the director shall contract with a municipality or
other person or use such state employees or state agencies as are necessary to
administer and enforce a building inspection program, and permit or other fees
arising therefrom shall be paid into the Consumer and Business Services Fund
created by ORS 705.145 and credited to the account responsible for paying the
expenses thereof. A state employee may not be displaced as a result of using
contract personnel.
     (7) The governing body of a municipality may
commence responsibility for the administration and enforcement of a building
inspection program beginning July 1 of any year by notifying the director no
later than January 1 of the same year and obtaining the directorÂ’s approval of
an assumption plan as described in subsection (11)(c) of this section.
     (8) The department shall adopt rules to
require the governing body of each municipality assuming or continuing a
building inspection program under this section to submit a written plan with
the notice required under subsection (4) or (7) of this section. If the
department is the governing body, the department shall have a plan on file. The
plan must specify how cooperation with the State Fire Marshal or a designee of
the State Fire Marshal will be achieved and how a uniform fire code will be
considered in the review process of the design and construction phases of
buildings or structures.
     (9) A municipality that administers and
enforces a building inspection program pursuant to this section shall recognize
and accept the performances of state building code activities by businesses and
persons authorized under ORS 455.457 to perform the activities as if the
activities were performed by the municipality. A municipality is not required
to accept an inspection, a plan or a plan review that does not meet the
requirements of the state building code.
     (10) The department or a municipality that
accepts an inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for the
activities of the licensee.
     (11) In addition to the requirements of
ORS 455.100 and 455.110, the director shall regulate building inspection
programs that municipalities assume on or after January 1, 2002. Regulation
under this subsection shall include but not be limited to:
     (a) Creating building inspection program
application and amendment requirements and procedures;
     (b) Granting or denying applications for
building inspection program authority and amendments;
     (c) Requiring a municipality assuming a
building inspection program to submit with the notice given under subsection
(7) of this section an assumption plan that includes, at a minimum:
     (A) A description of the intended
availability of program services, including proposed service agreements for
carrying out the program during at least the first two years;
     (B) Demonstration of the ability and
intent to provide building inspection program services for at least two years;
     (C) An estimate of proposed permit revenue
and program operating expenses;
     (D) Proposed staffing levels; and
     (E) Proposed service levels;
     (d) Reviewing procedures and program
operations of municipalities;
     (e) Creating standards for efficient,
effective, timely and acceptable building inspection programs;
     (f) Creating standards for justifying
increases in building inspection program fees adopted by a municipality;
     (g) Creating standards for determining
whether a county or department building inspection program is economically
impaired in its ability to reasonably continue providing the program throughout
a county, if another municipality is allowed to provide a building inspection
program within the same county; and
     (h) Enforcing the requirements of this
section.
     (12) The department may assume administration
of a building inspection program:
     (a) During the pendency of activities
under ORS 455.770;
     (b) If a municipality abandons or is no
longer able to administer the building inspection program; and
     (c) If a municipality fails to
substantially comply with any provision of this section or of ORS 455.465,
455.467 and 455.469.
     (13) A municipality that abandons or
otherwise ceases to administer a building inspection program that the
municipality assumed under this section may not resume the administration or
enforcement of the program for at least two years. The municipality may resume
the administration and enforcement of the abandoned program only on July 1 of
an odd-numbered year. Prior to resuming the administration and enforcement of
the program, the municipality must follow the notification procedure set forth
in subsection (7) of this section.
Note 3: 455.148 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 by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
     455.150
Selective municipal building inspection programs; building officials; rules;
program duration, plan, failure and abandonment; limitation on program
resumption. (1) Except as provided
in subsection (14) 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:
     (a) Is a program that includes the
following:
     (A) The state building code, as defined in
ORS 455.010, except as set forth in paragraph (b) of this subsection.
     (B) Manufactured structure installation
requirements under ORS 446.155, 446.185 (1) and 446.230.
     (C) Manufactured dwelling parks and mobile
home parks under ORS chapter 446.
     (D) Park and camp programs regulated under
ORS 455.680.
     (E) Tourist facilities regulated under ORS
446.310 to 446.350.
     (F) Manufactured dwelling alterations regulated
under ORS 446.155.
     (G) Manufactured structure accessory
buildings and structures under ORS 446.253.
     (H) Boilers and pressure vessels described
in rules adopted under ORS 480.525 (4).
     (b) Is not a program that includes:
     (A) Boiler and pressure vessel programs
under ORS 480.510 to 480.670 except those described in rules adopted under ORS
480.525 (4);
     (B) Elevator programs under ORS 460.005 to
460.175;
     (C) Amusement ride regulation under ORS
460.310 to 460.370;
     (D) Prefabricated structure regulation
under ORS chapter 455;
     (E) Manufacture of manufactured structures
programs under ORS 446.155 to 446.285, including the administration and
enforcement of federal manufactured dwelling construction and safety standards
adopted under ORS 446.155 or the National Manufactured Housing Construction and
Safety Standards Act of 1974;
     (F) Licensing and certification, or the
adoption of statewide codes and standards, under ORS chapter 446, 447, 455, 479
or 693; and
     (G) Review of plans and specifications as
provided in ORS 455.685.
     (2) A municipality that administers a
building inspection program as allowed under this section shall do so for
periods of four years. The Department of Consumer and Business Services shall
adopt rules to adjust time periods for administration of a building inspection
program to allow for variations in the needs of the department and
participants.
     (3) When a municipality administers a
building inspection program, the governing body of the municipality shall,
unless other means are already provided, appoint a person to administer and
enforce the building inspection program or parts thereof, who shall be known as
the building official. A building official shall, in the municipality for which
appointed, attend to all aspects of code enforcement, including the issuance of
all building permits. Two or more municipalities may combine in the appointment
of a single building official for the purpose of administering a building
inspection program within their communities.
     (4)(a) By January 1 of the year preceding
the expiration of the four-year period described in subsection (2) of this
section, the governing body of the municipality shall notify the Director of
the Department of Consumer and Business Services and, if not a county, notify
the county whether the municipality will continue to administer the building
inspection program, or parts thereof, after expiration of the four-year period.
If parts of a building inspection program are to be administered and enforced
by a municipality, the parts shall correspond to a classification designated by
the director as reasonable divisions of work.
     (b) Notwithstanding the January 1 date set
forth in paragraph (a) of this subsection, the director and the municipality
and, if the municipality is not a county, the county may by agreement extend
that date to no later than March 1.
     (5) If a city does not notify the
director, or notifies the director that it will not administer certain
specialty codes or parts thereof under the building inspection program, the
county or counties in which the city is located shall administer and enforce
those codes or parts thereof within the city in the same manner as it
administers and enforces them outside the city, except as provided by
subsection (6) of this section.
     (6) If a county does not notify the
director, or notifies the director that it will not administer and enforce
certain specialty codes or parts thereof under the building inspection program,
the director shall contract with a municipality or other person or use such
state employees or state agencies as are necessary to administer and enforce
those codes or parts thereof, and permit or other fees arising therefrom shall
be paid into the Consumer and Business Services Fund created by ORS 705.145 and
credited to the account responsible for paying such expenses. A state employee
may not be displaced as a result of using contract personnel.
     (7) If a municipality administering a
building inspection program under this section seeks to administer additional
parts of a program, the municipality must comply with ORS 455.148, including
the requirement that the municipality administer and enforce all aspects of the
building inspection program. Thereafter, the municipality is subject to ORS
455.148 and ceases to be subject to this section.
     (8) The department shall adopt rules to
require the governing body of each municipality to submit a written plan with
the notice required under subsection (4) of this section. If the department is
the governing body, the department shall have a plan on file. The plan shall
specify how cooperation with the State Fire Marshal or a designee of the State
Fire Marshal will be achieved and how a uniform fire code will be considered in
the review process of the design and construction phases of buildings or
structures.
     (9) A municipality that administers a code
for which persons or businesses are authorized under ORS 455.457 to perform
activities shall recognize and accept those activities as if performed by the
municipality. A municipality is not required to accept an inspection, a plan or
a plan review that does not meet the requirements of the state building code.
     (10) The department or a municipality that
accepts an inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for the
activities of the licensee.
     (11) In addition to the requirements of
ORS 455.100 and 455.110, the director shall regulate building inspection
programs of municipalities assumed prior to January 1, 2002. Regulation under
this subsection shall include but not be limited to:
     (a) Creating building inspection program
application and amendment requirements and procedures;
     (b) Granting or denying applications for
building inspection program authority and amendments;
     (c) Reviewing procedures and program
operations of municipalities;
     (d) Creating standards for efficient,
effective, timely and acceptable building inspection programs;
     (e) Creating standards for justifying
increases in building inspection program fees adopted by a municipality;
     (f) Creating standards for determining
whether a county or department building inspection program is economically
impaired in its ability to reasonably continue providing the program or part of
the program throughout a county, if another municipality is allowed to provide
a building inspection program or part of a program within the same county; and
     (g) Enforcing the requirements of this
section.
     (12) The department may assume
administration of a building inspection program:
     (a) During the pendency of activities
under ORS 455.770;
     (b) If a municipality abandons any part of
the building inspection program or is no longer able to administer the building
inspection program; and
     (c) If a municipality fails to substantially
comply with any provision of this section or of ORS 455.465, 455.467 and
455.469.
     (13) If a municipality abandons or
otherwise ceases to administer all or part of a building inspection program
described in this section, the municipality may not resume the administration
and enforcement of the abandoned program or part of a program for at least two
years. The municipality may resume the administration and enforcement of the
abandoned program or part of a program only on July 1 of an odd-numbered year.
To resume the administration and enforcement of the abandoned program or part
of a program, the municipality must comply with ORS 455.148, including the
requirement that the municipality administer and enforce all aspects of the
building inspection program. Thereafter, the municipality is subject to ORS
455.148 and ceases to be subject to this section.
     (14) A municipality that administers and
enforces a building inspection program under this section shall include in the
program the inspection of boilers and pressure vessels described in subsection
(1)(a)(H) of this section. [Formerly 456.800; 1991 c.308 §1; 1991 c.410 §1;
1993 c.463 §1; 1993 c.744 §89; 1995 c.553 §1; 1999 c.1045 §15; 2001 c.573 §3;
2007 c.487 §2]
     Note: The amendments to 455.150 by section 2,
chapter 487,
     455.150. (1) 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:
     (a) Is a program that includes:
     (A) The state building code, as defined in
ORS 455.010, except as set forth in paragraph (b) of this subsection;
     (B) Manufactured structure installation
requirements under ORS 446.155, 446.185 (1) and 446.230;
     (C) Manufactured dwelling parks and mobile
home parks under ORS chapter 446;
     (D) Park and camp programs regulated under
ORS 455.680;
     (E) Tourist facilities regulated under ORS
446.310 to 446.350;
     (F) Manufactured dwelling alterations
regulated under ORS 446.155; and
     (G) Manufactured structure accessory
buildings and structures under ORS 446.253.
     (b) Is not a program that includes:
     (A) Boiler and pressure vessel programs
under ORS 480.510 to 480.670;
     (B) Elevator programs under ORS 460.005 to
460.175;
     (C) Amusement ride regulation under ORS
460.310 to 460.370;
     (D) Prefabricated structure regulation
under ORS chapter 455;
     (E) Manufacture of manufactured structures
programs under ORS 446.155 to 446.285, including the administration and
enforcement of federal manufactured dwelling construction and safety standards
adopted under ORS 446.155 or the National Manufactured Housing Construction and
Safety Standards Act of 1974;
     (F) Licensing and certification, or the
adoption of statewide codes and standards, under ORS chapter 446, 447, 455, 479
or 693; and
     (G) Review of plans and specifications as
provided in ORS 455.685.
     (2) A municipality that administers a
building inspection program as allowed under this section shall do so for
periods of four years. The Department of Consumer and Business Services shall
adopt rules to adjust time periods for administration of a building inspection
program to allow for variations in the needs of the department and
participants.
     (3) When a municipality administers a
building inspection program, the governing body of the municipality shall,
unless other means are already provided, appoint a person to administer and
enforce the building inspection program or parts thereof, who shall be known as
the building official. A building official shall, in the municipality for which
appointed, attend to all aspects of code enforcement, including the issuance of
all building permits. Two or more municipalities may combine in the appointment
of a single building official for the purpose of administering a building
inspection program within their communities.
     (4)(a) By January 1 of the year preceding
the expiration of the four-year period described in subsection (2) of this
section, the governing body of the municipality shall notify the Director of
the Department of Consumer and Business Services and, if not a county, notify
the county whether the municipality will continue to administer the building
inspection program, or parts thereof, after expiration of the four-year period.
If parts of a building inspection program are to be administered and enforced
by a municipality, the parts shall correspond to a classification designated by
the director as reasonable divisions of work.
     (b) Notwithstanding the January 1 date set
forth in paragraph (a) of this subsection, the director and the municipality
and, if the municipality is not a county, the county may by agreement extend
that date to no later than March 1.
     (5) If a city does not notify the
director, or notifies the director that it will not administer certain
specialty codes or parts thereof under the building inspection program, the
county or counties in which the city is located shall administer and enforce
those codes or parts thereof within the city in the same manner as it
administers and enforces them outside the city, except as provided by
subsection (6) of this section.
     (6) If a county does not notify the
director, or notifies the director that it will not administer and enforce
certain specialty codes or parts thereof under the building inspection program,
the director shall contract with a municipality or other person or use such
state employees or state agencies as are necessary to administer and enforce
those codes or parts thereof, and permit or other fees arising therefrom shall
be paid into the Consumer and Business Services Fund created by ORS 705.145 and
credited to the account responsible for paying such expenses. A state employee
may not be displaced as a result of using contract personnel.
     (7) If a municipality administering a
building inspection program under this section seeks to administer additional
parts of a program, the municipality must comply with ORS 455.148, including
the requirement that the municipality administer and enforce all aspects of the
building inspection program. Thereafter, the municipality is subject to ORS
455.148 and ceases to be subject to this section.
     (8) The department shall adopt rules to
require the governing body of each municipality to submit a written plan with
the notice required under subsection (4) of this section. If the department is
the governing body, the department shall have a plan on file. The plan shall
specify how cooperation with the State Fire Marshal or a designee of the State
Fire Marshal will be achieved and how a uniform fire code will be considered in
the review process of the design and construction phases of buildings or
structures.
     (9) A municipality that administers a code
for which persons or businesses are authorized under ORS 455.457 to perform
activities shall recognize and accept those activities as if performed by the
municipality. A municipality is not required to accept an inspection, a plan or
a plan review that does not meet the requirements of the state building code.
     (10) The department or a municipality that
accepts an inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for the
activities of the licensee.
     (11) In addition to the requirements of
ORS 455.100 and 455.110, the director shall regulate building inspection
programs of municipalities assumed prior to January 1, 2002. Regulation under
this subsection shall include but not be limited to:
     (a) Creating building inspection program
application and amendment requirements and procedures;
     (b) Granting or denying applications for
building inspection program authority and amendments;
     (c) Reviewing procedures and program
operations of municipalities;
     (d) Creating standards for efficient,
effective, timely and acceptable building inspection programs;
     (e) Creating standards for justifying
increases in building inspection program fees adopted by a municipality;
     (f) Creating standards for determining
whether a county or department building inspection program is economically
impaired in its ability to reasonably continue providing the program or part of
the program throughout a county, if another municipality is allowed to provide
a building inspection program or part of a program within the same county; and
     (g) Enforcing the requirements of this
section.
     (12) The department may assume
administration of a building inspection program:
     (a) During the pendency of activities
under ORS 455.770;
     (b) If a municipality abandons any part of
the building inspection program or is no longer able to administer the building
inspection program; and
     (c) If a municipality fails to
substantially comply with any provision of this section or of ORS 455.465,
455.467 and 455.469.
     (13) If a municipality abandons or
otherwise ceases to administer all or part of a building inspection program
described in this section, the municipality may not resume the administration
and enforcement of the abandoned program or part of a program for at least two
years. The municipality may resume the administration and enforcement of the
abandoned program or part of a program only on July 1 of an odd-numbered year.
To resume the administration and enforcement of the abandoned program or part
of a program, the municipality must comply with ORS 455.148, including the
requirement that the municipality administer and enforce all aspects of the
building inspection program. Thereafter, the municipality is subject to ORS
455.148 and ceases to be subject to this section.
     455.152
Objections to municipal assumption of building inspection program. (1) A municipality, 10 or more persons or an
association with 10 or more members may file objections to a municipalityÂ’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.
     (2) The director, by rule, shall establish
a process for reviewing objections filed under subsection (1) of this section.
The review process shall include but need not be limited to:
     (a) Identification of economic impairment,
if any, affecting the municipality;
     (b) Demonstration by the municipality that
all building inspection program permits and services will be available,
including any service agreements for carrying out building program services;
     (c) Review of all elements of the
assumption plan submitted by the municipality;
     (d) Demonstration by the municipality of
the ability to provide building inspection program services for at least two
years; and
     (e) Review of proposed levels of service,
including the municipalityÂ’s ability to maintain or improve upon existing
service levels.
     (3) Upon completion of a review under
subsection (2) of this section, the director shall issue a final agency order
approving or disapproving the application. [2001 c.573 §2]
     Note: 455.152 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 by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
     455.153
Municipality authority to administer specialty code or building requirements;
effect on jurisdiction of agencies. (1) 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:
     (a) The specialty code under ORS chapter
447 or 455 or ORS 479.510 to 479.945 and 479.995.
     (b) Mobile or manufactured dwelling parks
requirements adopted under ORS 446.062.
     (c) Temporary parks requirements adopted
under ORS 446.105.
     (d) Manufactured dwelling installation,
support and tiedown requirements adopted under ORS 446.230.
     (e) Park or camp requirements adopted
under ORS 455.680.
     (2) Administration of any specialty code
or building requirement includes establishing a program intended to verify
compliance with state licensing requirements and all other administrative and
judicial aspects of enforcement of the code or requirement. Nothing in this
section affects the concurrent jurisdiction of the Director of the Department
of Consumer and Business Services, the Building Codes Structures Board, the
State Plumbing Board, the Manufactured Structures and Parks Advisory Board, the
Electrical and Elevator Board, the Residential Structures Board or the
Mechanical Board to impose civil penalties for violations committed within
municipalities. [1995 c.190 §2; 2001 c.411 §17; 2003 c.675 §§22,23]
     Note: 455.153 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.154
Alternative permit and inspection program. (1) 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
limited to:
     (a) Programs for work, other than
life-safety work, performed in commercial, manufacturing, industrial and
institutional facilities; and
     (b) Inspection programs for in-plant
construction.
     (2) Every municipality that administers
and enforces a building program under ORS 455.148 or 455.150 shall administer
and enforce within the municipality any special alternative permit and
inspection program that the department makes applicable to that municipality.
     (3) A municipality may apply to the
department for approval of municipal application forms, procedures and criteria
for plan review, permits and inspections and methodologies for determining fee
amounts, for use by the municipality in carrying out an applicable special
alternative permit and inspection program.
     (4) If the department determines that an
optional special alternative permit and inspection program affects only some of
the jurisdictions that are subject to ORS 455.046, the requirements of ORS
455.046 are applicable only to standard permit and inspection programs and not
to the optional program. [2003 c.368 §2; 2005 c.288 §1]
     Note: 455.154 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 by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.155
Statewide permit and inspection system for minor construction work. 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 recognize and accept permits issued by the department under
this section. [2003 c.368 §1]
     Note: 455.155 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 by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.156
Municipal investigation and enforcement of certain violations; notice of civil
penalty; department to develop programs; defense for violation of building
inspection program. (1)
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.
     (2)(a) A municipality that establishes a
building inspection program under ORS 455.148 or a plumbing inspection program
under ORS 455.150 covering installations under the plumbing specialty code or
Low-Rise Residential Dwelling Code may act on behalf of the State Plumbing
Board to investigate violations of and enforce ORS 447.040, 693.030 and 693.040
and to issue notices of proposed assessment of civil penalties for those
violations.
     (b) A municipality that establishes a
building inspection program under ORS 455.148 or an electrical inspection
program under ORS 455.150 covering installations under the electrical specialty
code or Low-Rise Residential Dwelling Code may act on behalf of the Electrical
and Elevator Board to investigate violations of and enforce ORS 479.550 (1) and
479.620 and to issue notices of proposed assessment of civil penalties for
those violations.
     (c) A municipality that establishes a
building inspection program under ORS 455.148 or 455.150 may investigate
violations and enforce any provisions of the program administered by the
municipality.
     (3) The department shall establish:
     (a) Procedures, forms and standards to
carry out the provisions of this section, including but not limited to creating
preprinted notices of proposed assessment of penalties that can be completed
and served by municipal inspectors;
     (b) A program to provide that all of the
moneys recovered by the department, less collection expenses, be paid to the
municipality that initiated the charges when a person charged with a violation
as provided in subsection (2) of this section, other than a violation of a
licensing requirement, agrees to the entry of an assessment of civil penalty or
does not request a hearing, and an order assessing a penalty is entered against
the person;
     (c) A uniform citation process to be used
in all jurisdictions of the state for violation of a licensing requirement. The
process may include but need not be limited to all program areas administered
by a municipality under ORS 455.148 or 455.150 and may provide a uniform method
for checking license status and issuing citations for violation of a licensing
requirement, and a consistent basis for enforcement of licensing requirements
and treatment of violations, including fine amounts;
     (d) A program to provide a division of the
moneys recovered by the department with the municipality that initiated the charges,
when a person charged with a violation as provided in subsection (2) of this
section, other than a violation of a licensing requirement, requests a hearing
and is assessed a penalty. One-half of the amounts recovered shall be paid to
the municipality. The department shall keep an amount equal to its costs of
processing the proceeding and collection expenses out of the remaining one-half
and remit the balance, if any, to the municipality; and
     (e) A program to require municipalities to
investigate violations of the departmentÂ’s permit requirements for plumbing
installations and services under the plumbing specialty code and for plumbing
and electrical installations and services under the Low-Rise Residential
Dwelling Code, and to:
     (A) Initiate notices of proposed
assessment of civil penalties as agents of the boards designated in subsection
(2) of this section; and
     (B) Pay the agents of the boards out of
net civil penalty recoveries as if the recoveries were under paragraphs (b) and
(d) of this subsection.
     (4) The assessment of a civil penalty
under this section by a municipality is subject to the amount limitations set
forth in ORS 455.895.
     (5)(a) It shall be a defense for any
person charged with a penalty for violation of a building inspection program
permit requirement covering plumbing installations under the plumbing specialty
code, electrical permit requirements under ORS 479.550 or plumbing or
electrical requirements under the Low-Rise Residential Dwelling Code that the
person was previously penalized for the same occurrence.
     (b) A building inspection program permit
requirement is a requirement contained in a specialty code or municipal
ordinance or rule requiring a permit before the particular installations
covered by the codes are commenced.
     (c) A penalty for the same occurrence
includes a combination of two or more of the following that are based on the
same plumbing or electrical installation:
     (A)(i) An investigative or other fee added
to an electrical permit fee when a permit was obtained after the electrical
installation was started;
     (ii) A civil penalty pursuant to ORS
479.995 for violation of ORS 479.550 for failure to obtain an electrical
permit;
     (iii) A civil penalty pursuant to ORS
455.895 for failure to obtain an electrical permit under the Low-Rise
Residential Dwelling Code; or
     (iv) A municipal penalty, other than an
investigative fee, for making an electrical installation under the electrical
specialty code or the Low-Rise Residential Dwelling Code without a permit; or
     (B)(i) An investigative or other fee added
to a plumbing permit fee when a permit was obtained after the plumbing
installation was started;
     (ii) A civil penalty pursuant to ORS
447.992 for failure to obtain a plumbing permit as required under the plumbing
specialty code;
     (iii) A civil penalty pursuant to ORS
455.895 for failure to obtain a plumbing permit under the Low-Rise Residential
Dwelling Code; or
     (iv) A municipal penalty, other than an
investigative fee, for making a plumbing installation under the plumbing
specialty code or the Low-Rise Residential Dwelling Code without a permit. [1995
c.553 §12; 2001 c.411 §18; 2001 c.573 §6a; 2003 c.675 §24; 2005 c.758 §20]
     Note: 455.156 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.158
Verification of required license prior to issuance of permit. (1) As used in this section:
     (a) “Public body” has the meaning given
that term in ORS 174.109.
     (b) “Work on a structure” means the
construction, reconstruction, alteration or repair of a structure.
     (2) 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, 446.225 to 446.285,
446.395 to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945,
479.950 and 480.510 to 480.670, this chapter or ORS chapter 447, 460 or 693 in
order to obtain a permit for work on a structure has a current, valid license
of the type required for the permit. [2007 c.549 §3]
     Note: 455.158 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.160
Failure to provide timely inspections or plan reviews prohibited; demand;
mandamus. (1) 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 of failing to provide timely
inspections or plan reviews without reasonable cause.
     (2) Any person adversely affected by a
pattern of conduct prohibited in subsection (1) of this section may serve the
municipality or the department with a written demand to provide timely inspections
or plan reviews.
     (3) If a municipality, within five days of
receipt of the demand, fails to provide timely inspections or plan reviews
without reasonable cause, the person who served the demand may seek to compel
the inspections or plan reviews through a writ of mandamus pursuant to ORS
34.105 to 34.240. If the court finds that the municipality has engaged in a
pattern of conduct of failing to provide timely inspections or plan reviews
without reasonable cause, it may direct the municipality to provide timely
inspections or plan reviews or to transfer the administration and enforcement
of the code in question under procedures outlined in ORS 455.148 (5) and (6) or
455.150 (5) and (6).
     (4) If the department, within five days of
receipt of the demand, fails to provide timely inspections or plan reviews
without reasonable cause, the person who served the demand may seek to compel
the inspections or plan reviews through a writ of mandamus pursuant to ORS
34.105 to 34.240. If the court finds that the department has engaged in a
pattern of conduct of failing to provide timely inspections or plan reviews
without reasonable cause, it may direct the department to provide timely
inspections or plan reviews or to transfer the administration and enforcement
of the code in question to an appropriate municipality, if the municipality
accepts the responsibility. A municipality may accept the transfer of the
administration and enforcement of a code under this subsection without becoming
subject to ORS 455.148 as a result of accepting the transfer. [Formerly
456.803; 1995 c.553 §7; 2001 c.573 §7]
     455.165
Standards for building codes information collected and maintained by
municipalities; rules. (1)
As used in this section:
     (a) “Form and format” has the meaning
given that term in ORS 455.097.
     (b) “Standards” means the content,
processing, form and format of building codes information collected and
maintained by municipalities.
     (2) The Department of Consumer and
Business Services may adopt rules establishing building codes information
standards for municipalities administering and enforcing building inspection
programs. The department shall design the standards to ensure consistency
between municipalities regarding building inspections, permits, plans
specifications and other building codes information. The department may not
adopt standards that:
     (a) Waive any requirement imposed by
statute or by rule of another state agency for submitting building permit
applications, building plans, specifications or other building program
information in physical form.
     (b) Require a municipality to assume or
expand a building inspection program or to provide additional building
inspection program services. [2007 c.69 §3]
     Note: 455.165 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.170
Director may delegate certain duties; fees. (1) The Director of the Department of Consumer and Business Services
shall delegate to any municipality which requests any of the authority,
responsibilities and functions of the director relating to recreational parks,
organizational camps and picnic parks as defined in ORS 446.310, including but
not limited to plan review and inspections, if the director determines that the
municipality is willing and able to carry out the rules of the director
relating to such authority, responsibilities and functions. The director shall
review and monitor each municipalityÂ’s performance under this subsection. In
accordance with ORS chapter 183, the director may suspend or rescind a
delegation under this subsection. If it is determined that a municipality is
not carrying out such rules or the delegation is suspended, the unexpended portion
of the fees collected under subsection (2) of this section shall be available
to the director for carrying out the authority, responsibility and functions
under this section.
     (2) The director shall determine, by
administrative rule, the amount of fee which the municipality may charge and
retain for any function undertaken pursuant to subsection (1) of this section.
The amount of the fees shall not exceed the costs of administering the
delegated functions. The municipality, quarterly, shall remit 15 percent of the
collected fees to the director for monitoring municipal programs and for
providing informational material necessary to maintain a uniform state program.
     (3) In any action, suit or proceeding
arising out of municipal administration of functions pursuant to subsection (1)
of this section and involving the validity of a rule adopted by the director,
the director shall be made a party to the action, suit or proceeding. [1987
c.414 §36a; 1991 c.227 §3]
     Note: 455.170 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 by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
     455.180
Duty of city, county to issue building permit; restriction. (1) 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 license tax of the city or county and has failed to pay the tax when
due.
     (2) As used in this section, “business
license tax” has the meaning given that term in ORS 701.015. [1987 c.581 §6]
     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]
(Financial
Administration)
     455.210
Fees; appeal of fees; surcharge; reduced fees; rules. (1) 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 not exceed 130 percent of the fee schedule printed in the “Uniform
Building Code,” 1979 Edition, and in the “Uniform Mechanical Code,” 1979 Edition,
both published by the International Conference of Building Officials. Fees are
not effective until approved by the Oregon Department of Administrative
Services.
     (2) Notwithstanding subsection (1) of this
section, the maximum fee the Director of the Department of Consumer and
Business Services may prescribe for a limited plan review for fire and life
safety as required under ORS 479.155 shall be 40 percent of the prescribed
permit fee.
     (3)(a) A municipality may adopt by
ordinance or regulation such fees as may be necessary and reasonable to provide
for the administration and enforcement of any specialty code or codes for which
the municipality has assumed responsibility under ORS 455.148 or 455.150. A
municipality shall give the director notice of the proposed adoption of a new
or increased fee under this subsection. The municipality shall give the notice
to the director at the time the municipality provides the opportunity for
public comment under ORS 294.160 regarding the fee or, if the proposed fee is
contained in an estimate of municipal budget resources, at the time notice of
the last budget meeting is published in a newspaper under ORS 294.401.
     (b) Ten or more persons or an association
with 10 or more members may appeal the adoption of a fee described in this
subsection to the Director of the Department of Consumer and Business Services.
The persons or association must file the appeal no later than 60 days after the
director receives notice of the proposed adoption of the fee from the municipality
under paragraph (a) of this subsection. However, if the municipality failed to
give notice to the director, an appeal may be filed with the director within
one year after adoption of the new or increased fee. Upon receiving a timely
appeal, the director shall, after notice to affected parties and hearing,
review the municipalityÂ’s fee adoption process and the costs of administering
and enforcing the specialty code or codes referred to in paragraph (a) of this
subsection. The director shall approve the fee if the director feels the fee is
necessary and reasonable. If the director does not approve the fee upon appeal,
the fee is not effective. The appeal process provided in this paragraph does
not apply to fees that have been submitted for a vote and approved by a
majority of the electors voting on the question.
     (c) Fees collected by a municipality under
this subsection shall be used for the administration and enforcement of a
building inspection program for which the municipality has assumed
responsibility under ORS 455.148 or 455.150.
     (d) For purposes of paragraph (b) of this
subsection, in determining whether a fee is reasonable the director shall
consider whether:
     (A) The fee is the same amount as or
closely approximates the amount of the fee charged by other municipalities of a
similar size and geographic location for the same level of service;
     (B) The fee is calculated with the same or
a similar calculation method as the fee charged by other municipalities for the
same service;
     (C) The fee is the same type as the fee
charged by other municipalities for the same level of service; and
     (D) The municipality, in adopting the fee,
complied with ORS 294.160, 294.361 and 294.401 and this section and standards
adopted by the director under ORS 455.148 (11) or 455.150 (11).
     (4) Notwithstanding any other provision of
this chapter:
     (a) For the purpose of partially defraying
state administrative costs, there is imposed a surcharge in the amount of four
percent of the total permit fees or, if the applicant chooses to pay an hourly
rate instead of purchasing a permit, four percent of the total hourly charges
collected.
     (b) For the purpose of partially defraying
state inspection costs, there is imposed a surcharge in the amount of two
percent of the total permit fees or, if the applicant chooses to pay an hourly
rate instead of purchasing a permit, two percent of the total hourly charges
collected.
     (c) For the purpose of defraying the cost
of administering and enforcing the state building code, there is imposed a
surcharge on permit fees and on hourly charges collected instead of permit
fees. The surcharge may not exceed one percent of the total 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.
     (d) For the purpose of defraying the cost
of developing and administering the electronic building codes information
system described in ORS 455.095 and 455.097, there is imposed a surcharge in
the amount of five percent on permit fees, or if the applicant chooses to pay
an hourly rate instead of purchasing a permit, five percent of the total hourly
charges collected. However, the department may adopt rules to waive a portion
of the surcharge imposed under this paragraph if the department determines that
the amount collected by the surcharge imposed under this paragraph exceeds the
actual cost to the department of developing and administering the electronic
building codes information system described in ORS 455.095 and 455.097.
     (5) Municipalities shall collect and remit
surcharges imposed under subsection (4) of this section to the director as
provided in ORS 455.220.
     (6) The director shall adopt
administrative rules to allow reduced fees for review of plans that have been
previously reviewed. [Subsections (1) to (5) formerly 456.760; subsection (6)
enacted as 1987 c.604 §6; 1997 c.856 §1; 1999 c.432 §1; 1999 c.1045 §24; 1999
c.1082 §9; 2001 c.573 §9; 2001 c.673 §1; 2005 c.193 §1; 2005 c.833 §3; 2007
c.69 §5]
     Note: The amendments to 455.210 by section 6,
chapter 69,
     455.210. (1) 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 not exceed 130 percent of the fee schedule printed in the “Uniform
Building Code,” 1979 Edition, and in the “Uniform Mechanical Code,” 1979
Edition, both published by the International Conference of Building Officials.
Fees are not effective until approved by the Oregon Department of
Administrative Services.
     (2) Notwithstanding subsection (1) of this
section, the maximum fee the Director of the Department of Consumer and
Business Services may prescribe for a limited plan review for fire and life
safety as required under ORS 479.155 shall be 40 percent of the prescribed
permit fee.
     (3)(a) A municipality may adopt by
ordinance or regulation such fees as may be necessary and reasonable to provide
for the administration and enforcement of any specialty code or codes for which
the municipality has assumed responsibility under ORS 455.148 or 455.150. A
municipality shall give the director notice of the proposed adoption of a new
or increased fee under this subsection. The municipality shall give the notice
to the director at the time the municipality provides the opportunity for
public comment under ORS 294.160 regarding the fee or, if the proposed fee is
contained in an estimate of municipal budget resources, at the time notice of
the last budget meeting is published in a newspaper under ORS 294.401.
     (b) Ten or more persons or an association
with 10 or more members may appeal the adoption of a fee described in this
subsection to the Director of the Department of Consumer and Business Services.
The persons or association must file the appeal no later than 60 days after the
director receives notice of the proposed adoption of the fee from the
municipality under paragraph (a) of this subsection. However, if the
municipality failed to give notice to the director, an appeal may be filed with
the director within one year after adoption of the new or increased fee. Upon
receiving a timely appeal, the director shall, after notice to affected parties
and hearing, review the municipalityÂ’s fee adoption process and the costs of
administering and enforcing the specialty code or codes referred to in
paragraph (a) of this subsection. The director shall approve the fee if the
director feels the fee is necessary and reasonable. If the director does not
approve the fee upon appeal, the fee is not effective. The appeal process
provided in this paragraph does not apply to fees that have been submitted for
a vote and approved by a majority of the electors voting on the question.
     (c) Fees collected by a municipality under
this subsection shall be used for the administration and enforcement of a
building inspection program for which the municipality has assumed
responsibility under ORS 455.148 or 455.150.
     (d) For purposes of paragraph (b) of this
subsection, in determining whether a fee is reasonable the director shall
consider whether:
     (A) The fee is the same amount as or
closely approximates the amount of the fee charged by other municipalities of a
similar size and geographic location for the same level of service;
     (B) The fee is calculated with the same or
a similar calculation method as the fee charged by other municipalities for the
same service;
     (C) The fee is the same type as the fee charged
by other municipalities for the same level of service; and
     (D) The municipality, in adopting the fee,
complied with ORS 294.160, 294.361 and 294.401 and this section and standards
adopted by the director under ORS 455.148 (11) or 455.150 (11).
     (4) Notwithstanding any other provision of
this chapter:
     (a) For the purpose of partially defraying
state administrative costs, there is imposed a surcharge in the amount of four
percent of the total permit fees or, if the applicant chooses to pay an hourly
rate instead of purchasing a permit, four percent of the total hourly charges
collected.
     (b) For the purpose of partially defraying
state inspection costs, there is imposed a surcharge in the amount of two
percent of the total permit fees or, if the applicant chooses to pay an hourly
rate instead of purchasing a permit, two percent of the total hourly charges
collected.
     (c) For the purpose of defraying the cost
of administering and enforcing the state building code, there is imposed a
surcharge on permit fees and on hourly charges collected instead of permit
fees. The surcharge may not exceed one percent of the total 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.
     (5) Municipalities shall collect and remit
surcharges imposed under subsection (4) of this section to the director as
provided in ORS 455.220.
     (6) The director shall adopt
administrative rules to allow reduced fees for review of plans that have been previously
reviewed.
     455.220
Surcharge on building permit fees; collection; deposit; use. (1) 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 of the surcharge collected under this subsection
may be used to fund the activities described in ORS 455.042 and 455.046. The
remainder of the surcharge collected under this subsection shall be used for
the purpose of defraying the costs of training and other educational programs
administered by the Department of Consumer and Business Services under this
chapter.
     (2) Permit surcharges shall be collected
by each municipality and remitted to the Director of the Department of Consumer
and Business Services. Each municipality having a population greater than
40,000 shall, on a monthly basis, prepare and submit to the director a report
of permits and certificates issued in each class or category and fees and
surcharges thereon collected during the month, together with other statistical
information as required by the director concerning construction activity
regulated by the parts of the state building code administered by the
municipality. All other municipalities shall submit a report described in this
subsection on a quarterly basis. The report shall be in a form prescribed by
the director and shall be submitted, together with a remittance covering the
surcharges collected, by no later than the 15th day following the month or
quarter in which the surcharges are collected.
     (3)(a) All surcharges and other fees
prescribed by ORS 455.010 to 455.240 and 455.410 to 455.740 and payable to the
department, except fees received under ORS 455.148 (6) or 455.150 (6), shall be
deposited by the director in the Consumer and Business Services Fund created by
ORS 705.145.
     (b) Notwithstanding subsection (1) of this
section, the surcharge imposed under subsection (1) of this section for permits
established under ORS 446.062 (3), 446.176, 446.405 (2), 446.430 (2) and
455.170 (2) shall be deposited in the Consumer and Business Services Fund
established under ORS 705.145 and is continuously appropriated to the
department for use as provided in ORS 446.423.
     (4) The director shall administer training
and other education programs under this chapter through contracts with local
educational institutions, professional associations or other training
providers. [Formerly 456.860; 1993 c.744 §90; 1995 c.553 §5; 1999 c.1045 §25;
1999 c.1082 §§10,10a; 2001 c.573 §10; 2001 c.710 §9; 2003 c.675 §25; 2005 c.833
§4]
     455.230
Use of Consumer and Business Services Fund moneys. (1) 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 director for the purpose of carrying out the duties and responsibilities
imposed upon the department under this chapter, ORS 446.566 to 446.646, 446.666
to 446.756, 447.010 to 447.156, 447.992, 460.005 to 460.175, 460.310 to
460.370, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and ORS chapter
693.
     (2) Except as otherwise provided by law,
all moneys appropriated or credited to the Consumer and Business Services Fund
and received under ORS 446.003 to 446.200, 446.210, 446.225 to 446.285, 446.395
to 446.420, 446.566 to 446.646, 446.666 to 446.756 and 455.220 (1) hereby are
appropriated continuously for and shall be used by the director for the purpose
of carrying out the duties and responsibilities imposed upon the department
under ORS 446.003 to 446.200, 446.210, 446.225 to 446.285, 446.395 to 446.420,
446.566 to 446.646 and 446.666 to 446.756, and education and training programs
pertaining thereto. [Formerly 456.890; 1989 c.683 §9; 1993 c.744 §91; 2001
c.710 §10; 2003 c.655 §75a]
     Note: 455.230 and 455.240 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
455 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.240
Revenues from sales of building codes publications; use. (1) 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.
     (2) 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 ORS 455.022. [Formerly
456.910; 1993 c.744 §92; 2001 c.710 §11]
     Note: See note under 455.230.
(Exemptions
Generally)
     455.310
Single-family residence repair and maintenance exempt from codes; exemption
itemized. (1) 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 chapter 476, ORS 479.015 to 479.200 and 479.210 to
479.220, when such repair or maintenance is done on a single-family residence,
or a private garage, carport or storage shed that is accessory to a
single-family residence.
     (2) Items designated by the Director of
the Department of Consumer and Business Services, with the advice of the
Residential Structures Board, shall be exempt from permits and fees required
under this chapter. The director shall, pursuant to ORS chapter 183, develop
and maintain an applicable list of such exempt items, which shall include, but
not be limited to, concrete slabs, driveways, sidewalks, masonry repair,
porches, patio covers, painting, interior wall, floor or ceiling covering,
nonbearing partitions, shelving, cabinet work, gutters, downspouts, small
accessory buildings, door and window replacements, replacement or repair of
siding and replacement or repair of roofing. In making the list of exempt items,
the director shall further define the items on the list contained in this
subsection so that no item which adversely affects the structural integrity of
the dwelling shall be on the list. [Formerly 456.753 and then 456.915; 1993
c.744 §93; 2003 c.675 §26]
     455.312
Exemption from code of residential prefabricated structures for out-of-state
delivery. (1) For a
residential prefabricated structure manufactured in this state and intended for
delivery in another state, the Director of the Department of Consumer and
Business Services may not require that:
     (a) The prefabricated structure conform to
the state building code.
     (b) An inspector provide plan approvals
and inspections pursuant to ORS 455.715 to 455.740.
     (c) A person licensed under ORS 479.630,
693.060 or 693.103 perform electrical or plumbing installations in the
prefabricated structure.
     (2) Nothing in subsection (1) of this
section exempts a person that is renting, leasing, selling, exchanging,
installing or offering for rent, lease, sale, exchange or installation a
residential prefabricated structure from meeting the insignia of compliance or
certification stamp requirements prescribed under ORS 455.705 if the
prefabricated structure is delivered in or relocated to this state. [2005 c.310
§2; 2005 c.758 §42b]
     Note: 455.312 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     Note: Sections 6 and 8, chapter 310, Oregon Laws
2005, provide:
     Sec.
6. (1) The Department of
Consumer and Business Services shall collect the information, if any, supplied
by industry sources in this state regarding the manufacture of prefabricated
structures intended for delivery in other states. The types of information to
be collected by the department shall include:
     (a) The applied and potential capacity of
manufacturers to produce residential prefabricated structures in this state;
     (b) The number of persons the manufacturer
employs in this state to produce residential prefabricated structures intended
for delivery in other states;
     (c) The number of residential
prefabricated structures produced in this state intended for delivery in other
states; and
     (d) Any information the department determines
to be useful for assessing the effect or potential effect of section 2 of this
2005 Act [455.312] on employment levels in this state.
     (2) The department shall biennially report
any information collected by the department under this section to the Legislative
Assembly. The department shall submit the report to the Legislative Assembly as
provided in ORS 192.245 no later than October 1 of each even-numbered year.
[2005 c.310 §6]
     Sec.
8. Section 6 of this 2005
Act is repealed January 2, 2012. [2005 c.310 §8]
     455.315
Exemption of agricultural buildings, agricultural grading and equine
facilities. (1) Nothing in
this chapter is intended to authorize the application of a state structural
specialty code to any agricultural building, agricultural grading or equine
facility.
     (2) As used in this section:
     (a) “Agricultural building” means a
structure located on a farm and used in the operation of the farm for:
     (A) Storage, maintenance or repair of farm
machinery and equipment;
     (B) The raising, harvesting and selling of
crops;
     (C) The feeding, breeding, management and
sale of, or the produce of, livestock, poultry, fur-bearing animals or
honeybees;
     (D) Dairying and the sale of dairy
products; or
     (E) Any other agricultural or
horticultural use or animal husbandry, or any combination thereof, including
the preparation and storage of the produce raised on the farm for human use and
animal use and disposal by marketing or otherwise.
     (b) “Agricultural building” does not mean:
     (A) A dwelling;
     (B) A structure used for a purpose other
than growing plants in which 10 or more persons are present at any one time;
     (C) A structure regulated by the State
Fire Marshal pursuant to ORS chapter 476;
     (D) A structure used by the public; or
     (E) A structure subject to sections 4001
to 4127, title 42, United States Code (the National Flood Insurance Act of
1968) as amended, and regulations promulgated thereunder.
     (c) “Agricultural grading” means grading
related to a farming practice as defined in ORS 30.930.
     (d) “Equine facility” means a building
located on a farm and used by the farm owner or the public for:
     (A) Stabling or training equines; or
     (B) Riding lessons and training clinics.
     (e) “Equine facility” does not mean:
     (A) A dwelling;
     (B) A structure in which more than 10
persons are present at any one time;
     (C) A structure regulated by the State
Fire Marshal pursuant to ORS chapter 476; or
     (D) A structure subject to sections 4001
to 4127, title 42, United States Code (the National Flood Insurance Act of
1968) as amended, and regulations promulgated thereunder.
     (3) Notwithstanding the provisions of
subsection (1) of this section, incorporated cities may regulate agricultural
buildings and equine facilities within their boundaries pursuant to this
chapter. [Formerly 456.758 and then 456.917; 1995 c.783 §1; 2003 c.74 §1; 2005
c.288 §3]
     455.320
Owner-built dwellings exempt from certain structural code provisions; recording
of exemption. (1) As used in
this section, unless the context requires otherwise:
     (a) “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 for an exemption under this section.
     (b) “Owner-built dwelling and outbuildings”
means a single-family residence and adjacent auxiliary structures the
structural components of which are constructed entirely by the owner who
intends to occupy the structures or by that owner and friends and relatives of
the owner assisting on an unpaid basis.
     (2) Owner-built dwellings and outbuildings
shall be exempt from any requirements of the structural code for ceiling
heights, room sizes and the maintenance of specific temperature levels in those
structures. The exemption shall apply to the new construction, renovation,
remodeling or alteration of an owner-built dwelling or outbuilding.
     (3) A building permit issued for an
owner-built dwelling or outbuilding shall note whether the owner-built dwelling
or outbuilding complies with the requirements it is exempted from under
subsection (2) of this section. If the dwelling or other structure does not
comply with these requirements, the owner-builder shall file a copy of the
building permit with the county clerk, who shall make the permit a part of the
permanent deed record of the property. The owner shall provide the county clerk
with a description of the property sufficient if it were contained in a
mortgage of the property to give constructive notice of the mortgage under the
law of this state.
     (4) Noncompliance with subsection (3) of
this section shall not affect, in any manner, any conveyance of interest in
property subject to this section. [Formerly 456.920]
(Exemptions
in Rural Areas)
     455.325
Definitions for ORS 455.325 to 455.350. As used in ORS 455.325 to 455.350, unless the context requires
otherwise:
     (1) “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.
     (2) “Owner-built dwelling and outbuildings”
means a single-family residence and adjacent auxiliary structures the
components of which, that are exempted from the structural code under ORS
455.330, are constructed entirely by the owner who intends to occupy the
structures or by that owner and friends and relatives of the owner assisting on
an unpaid basis.
     (3) “Rural area” means any land in a
county which is located outside city limits and any recognized urban growth
boundaries under that countyÂ’s comprehensive plan and which are described by
the ordinance allowed under ORS 455.330. [Formerly 456.925]
     455.330
Counties authorized to exempt owner-built dwellings in rural areas from
structural code.
Notwithstanding ORS 455.040, a county may by ordinance:
     (1) 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
     (2) Establish maximum value or size
limitations for structures exempted from the structural code under subsection
(1) of this section. [Formerly 456.930]
     455.335
Rural areas to be mapped; building permit issuance for exempt dwellings
limited. (1) 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.
     (2) A county ordinance under ORS 455.330
shall provide that no person shall receive a building permit in that county for
an exempt owner-built dwelling and outbuildings more than once every five
years. [Formerly 456.935]
     455.340
Code requirements to which exemption may not apply. No county shall exempt any building from
requirements of the structural code relating to:
     (1) Fire egress, fire retardant, smoke
alarms and smoke detectors;
     (2) Maximum bending stress allowed by the
structural code for structural members; or
     (3) Insulation and energy conservation. [Formerly
456.940; 1999 c.307 §22]
     455.345
Permit, fee, plan check and inspection provisions apply; notice of
noncompliance to owner-builder; recording of notice; notice to purchasers. (1) 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.
     (2) 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:
     (a) Require the owner-builder to comply
with those structural code requirements listed under ORS 455.340; and
     (b) Inform the owner-builder in writing of
those items which fail to comply with code standards and are exempt from code
standards and make that information part of the permanent inspection record on
the structures.
     (3) An owner-builder of a structure
exempted from the structural code under ORS 455.325 to 455.350 shall file a
notice with the county clerk who shall make the notice a part of the permanent
deed record of the property. That notice shall contain the information provided
to the owner-builder under subsection (2)(b) of this section and a description
of the property sufficient if it were contained in a mortgage of the property
to give constructive notice of the mortgage under the law of this state.
     (4) Any person, or that person’s agent,
selling an owner-built dwelling or outbuilding exempted from the structural
code under ORS 455.325 to 455.350 shall notify each potential buyer of the
existence, location and contents of the notice filed under subsection (3) of
this section prior to any commitment to purchase the property. [Formerly
456.945; 1999 c.1045 §16; 1999 c.1082 §12]
     455.350
PurchaserÂ’s remedies. (1) 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.
     (2) Noncompliance with ORS 455.345 (3) or
(4) shall not affect, in any manner, any conveyance of interest in property
exempted from the structural code under ORS 455.330. [Formerly 456.950]
(Mercury
Thermostats)
     455.355
Rules governing mercury thermostats. (1) The Director of the Department of Consumer and Business Services
shall, by rule:
     (a) 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 controls.
     (b) Establish a uniform notification and
process for disposal and delivery of mercury thermostats by persons installing
heating, ventilation or air conditioning systems. Persons installing heating,
ventilation or air conditioning systems shall dispose of mercury thermostats
according to the process established pursuant to this paragraph.
     (2) As used in this section, “thermostat”
means a device commonly used to sense and, through electrical communication
with heating, cooling or ventilation equipment, control room temperature. [2001
c.924 §3]
     Note: 455.355 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
(Farmworker
Housing)
     455.380
Department as final authority on farmworker housing; rules; fees. (1) 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 farmworker housing as defined in ORS 315.163.
     (2) The department shall provide for a
statewide uniform application and method of calculating permit fees for
farmworker housing as defined in ORS 315.163.
     (3) The department shall adopt rules to
carry out the provisions of subsections (1) and (2) of this section. [1989
c.964 §§16,17; 2001 c.573 §11; 2001 c.613 §16; 2003 c.588 §17]
(Seismic
Rehabilitation)
     455.390
Definitions for ORS 455.020, 455.390, 455.395 and 455.400. As used in ORS 455.020, 455.390, 455.395 and
455.400:
     (1) “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
     (2) “Seismic rehabilitation agreement”
means an agreement between a local government entity and a building owner
pursuant to a seismic rehabilitation program for the phased completion of
structural improvements to the ownerÂ’s building.
     (3) “Seismic rehabilitation data” means
data contained in any documents, reports, studies, test results, papers, files
or other records that result from a seismic rehabilitation survey or are
contained in a seismic rehabilitation agreement. “Seismic rehabilitation data”
does not include data or reports required by ORS 455.447 or rules adopted
pursuant thereto.
     (4) “Seismic rehabilitation program” means
any program enacted under an ordinance of a local government entity that
provides for the seismic rehabilitation of buildings within the jurisdiction of
the entity and authorizes the rehabilitation to be phased over a period of time
not to exceed 10 years.
     (5) “Seismic rehabilitation survey” means
any investigation, survey, audit or other process for generating data from
which the local government entity and the building owner may determine and
agree upon the deficiencies that need to be addressed in a plan for the seismic
rehabilitation of the owner’s building. [1995 c.400 §1]
     Note: 455.390 to 455.400 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
455 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     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 ownerÂ’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 buildingÂ’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
ownerÂ’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. [1995 c.400 §2]
     Note: See note under 455.390.
     455.400
Effect of seismic rehabilitation provisions on exclusive remedy. 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.
(Educational
Building Seismic Safety)
     Note: Sections 1, 2, 3 and 5, chapter 797, Oregon
Laws 2001, provide:
     Sec.
1. (1) Subject to the
provision of funding by the State Department of Geology and Mineral Industries
from gifts, grants and donations made available for carrying out this section,
the State Board of Higher Education shall provide for seismic safety surveys of
buildings that have a capacity of 250 or more persons and are routinely used
for student activities by public institutions or departments under the control
of the board. For purposes of this section, the Oregon Health and
     (2) Subject to the provision of funding by
the department from gifts, grants and donations made available for carrying out
this section, the State Board of Education shall provide for seismic safety
surveys of buildings that have a capacity of 250 or more persons and are routinely
used for student activities by kindergarten through grade 12 public schools,
community colleges and education service districts.
     (3) The boards shall ensure that the
seismic safety surveys under subsection (1) or (2) of this section are conducted
in accordance with the Federal Emergency Management Agency publication, “Rapid
Visual Screening of Buildings for Potential Seismic Hazards: A Handbook,”
FEMA-154, 2002 Edition, or with a later edition of that handbook allowed for
seismic safety survey use under a rule adopted by the department.
     (4) A seismic safety survey under
subsection (1) or (2) of this section is not required for any building that has
previously undergone a seismic safety survey or that has been constructed to
the state building code standards in effect for the seismic zone classification
at the site on July 19, 2001.
     (5) The boards may, by rule, establish
standards to identify which buildings are routinely used for student
activities. The standards must provide for the inclusion of buildings not used
as classrooms, including but not limited to libraries, auditoriums and dining
facilities. The boards shall adopt rules for determining building capacity.
     (6) To the extent practicable, the boards
shall ensure that the seismic safety surveys required under subsections (1) and
(2) of this section are completed by January 1, 2007. [2001 c.797 §1; 2005
c.248 §1]
     Sec.
2. (1) The State Board of
Higher Education and the State Board of Education shall send surveys conducted
pursuant to section 1 (1) and (2), chapter 797, Oregon Laws 2001, to the State
Department of Geology and Mineral Industries. Notwithstanding section 1 (6),
chapter 797, Oregon Laws 2001, if the department determines that a survey is
not fully and properly completed, the department may refuse to accept the
survey and may return the survey to the appropriate board for correction or
completion.
     (2) The department may accept seismic
safety surveys for buildings that are exempt under section 1 (4), chapter 797,
Oregon Laws 2001, if the department determines that the surveys are fully and
properly completed and are sufficiently similar to other surveys to be useful.
The surveys accepted by the department under this subsection do not need to be
surveys conducted by the boards.
     (3) The department shall use seismic
safety surveys accepted under subsections (1) and (2) of this section to make
an initial evaluation of the seismic safety of each surveyed building.
     (4) Subject to available funding and after
consultation with the department, the State Board of Higher Education, local
school district board, community college board or education service district
board shall conduct such additional seismic safety evaluations of buildings as
each of those boards considers necessary. The boards shall conduct the
evaluations for life safety as set forth in the American Society of Civil
Engineers Standard for Seismic Evaluation of Existing Buildings (SEI/ASCE
31-03), 2003 Edition, or in any later edition of that standard allowed for
seismic safety evaluation use under a rule adopted by the State Department of
Geology and Mineral Industries or using a stricter standard selected by the
board that conducts the survey. [2001 c.797 §2; 2005 c.248 §2]
     Sec.
3. Subject to available
funding, if a building evaluated under section 2 (4) of this 2001 Act is found
by a board to pose an undue risk to life safety during a seismic event, the
State Board of Higher Education, local school district board, community college
board or education service district board, as appropriate, shall develop a plan
for seismic rehabilitation of the building or for other actions to reduce the
risk. For a board that is subject to ORS 291.224, the boardÂ’s plan to
rehabilitate or take other action to reduce the seismic risk of a building must
be included in the capital construction program of the board. A board that is
subject to ORS 291.224 shall rank the relative benefit of projects to reduce
seismic risk in comparison with other life safety and code requirement
projects. Subject to availability of funding, all seismic rehabilitations or
other actions to reduce seismic risk must be completed before January 1, 2032.
If the building is listed on a national or state register of historic places or
properties or is designated as a landmark by local ordinance, the plan for
seismic rehabilitation or other action shall be developed in a manner that
gives consideration to preserving the character of the building. [2001 c.797 §3]
     Sec.
5. For purposes of sections
2 (4) and 3 of this 2001 Act, funding is available only if the Legislative
Assembly provides the funding pursuant to a grant of bonding authority approved
by the people at the first general election held throughout the state on or
after January 1, 2002. [2001 c.797 §5]
(Acute
Inpatient Care Facility, Fire Station and Police Station Seismic Safety)
     Note: Sections 2, 3 and 7, chapter 798, Oregon
Laws 2001, provide:
     Sec.
2. (1) The Department of
Human Services shall send the seismic safety surveys conducted pursuant to
section 1 (1), chapter 798, Oregon Laws 2001, to the State Department of
Geology and Mineral Industries. Notwithstanding section 1 (6), chapter 798,
Oregon Laws 2001, if the State Department of Geology and Mineral Industries
determines that a survey is not fully and properly completed, the State
Department of Geology and Mineral Industries may refuse to accept the survey
and may return the survey to the Department of Human Services for correction or
completion.
     (2) The State Department of Geology and
Mineral Industries may accept seismic safety surveys for buildings that are
exempt under section 1 (5), chapter 798, Oregon Laws 2001, if the State
Department of Geology and Mineral Industries determines that the surveys are
fully and properly completed and are sufficiently similar to other surveys to
be useful. The surveys accepted by the State Department of Geology and Mineral
Industries under this subsection do not need to be surveys conducted by the
Department of Human Services or the State Department of Geology and Mineral Industries.
     (3) The State Department of Geology and
Mineral Industries shall use seismic safety surveys accepted under subsections
(1) and (2) of this section or conducted pursuant to section 1 (2) or (3),
chapter 798, Oregon Laws 2001, to make an initial evaluation of the seismic
safety of each surveyed building.
     (4) Subject to available funding and after
consultation with the State Department of Geology and Mineral Industries, the
acute inpatient care facility, fire department or fire district or law enforcement
agency shall conduct such additional seismic safety evaluations of buildings as
the facility, fire department or fire district or law enforcement agency
considers to be necessary. The facility, fire department or fire district or
law enforcement agency shall conduct the evaluations for life safety as set
forth in the American Society of Civil Engineers Standard for Seismic
Evaluation of Existing Buildings (SEI/ASCE 31-03), 2003 Edition, or in any
later edition of that standard allowed for seismic safety evaluation use under
a rule adopted by the State Department of Geology and Mineral Industries or
using a stricter standard selected by the acute inpatient care facility, fire
department or fire district or law enforcement agency that conducts the survey.
[2001 c.798 §2; 2003 c.14 §281; 2005 c.248 §4]
     Sec.
3. Subject to available
funding, if a building evaluated under section 2 (4) of this 2001 Act is found
to pose an undue risk to life safety during a seismic event, the acute
inpatient care facility, fire department, fire district or law enforcement
agency using the building shall develop a plan for seismic rehabilitation of
the building or for other actions to reduce the risk. Subject to available
funding, all seismic rehabilitations or other actions to reduce the risk must
be completed before January 1, 2022. If the building is listed on a national or
state register of historic places or properties or is designated as a landmark
by local ordinance, the plan for seismic rehabilitation or other actions shall
be developed in a manner that gives consideration to preserving the character
of the building. [2001 c.798 §3]
     Sec.
7. For purposes of sections
2 (4) and 3 of this 2001 Act, funding is available only if the Legislative
Assembly provides the funding pursuant to a grant of bonding authority approved
by the people at the first general election held throughout the state on or
after January 1, 2002. [2001 c.798 §7]
(Miscellaneous
Provisions)
     455.410
Relocated buildings; substantial compliance required; permits. (1) 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.
     (2) “Substantial compliance” means
compliance with local construction codes in effect as of the original permit
date of the building or structure, or where there was no permitting required at
the time of original construction, with basic health and safety standards, as
described in the closest dated Uniform Housing Code, as published by the
International Conference of Building Officials as of the date of construction.
Only the insulation, overhead and underneath the structure, shall be upgraded
to the current insulation requirements of the state building code, or to the
maximum extent possible subject to the design of the structure. Nothing in this
statute shall be construed to mean that all heating, plumbing and electrical
systems shall be replaced with systems meeting current standards for new
construction, except that any life-threatening deficiencies in those systems
shall be repaired, notwithstanding that the cost of rehabilitation may exceed
50 percent of the value of the structure before rehabilitation.
     (3) All foundation and basement
construction on the structure and any remodeling at the new location shall be
constructed subject to all applicable local current building and safety codes,
or where none exist, with the applicable standards as described in the Uniform
Housing Code described in subsection (2) of this section.
     (4) All moved houses shall be provided
with either battery-operated or hard-wired smoke detection devices located in
accordance with the provisions of the state building code.
     (5) Nothing in this section is intended to
permit any person to move a structure unless the person first consults the
appropriate building inspection authority and obtains all required permits. [Formerly
456.756; 1989 c.1068 §1]
     455.412
Review of state building code provisions regarding certain smoke alarms and
smoke detectors; rules. (1)
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 and shall not apply to
recreational vehicles, commercial vehicles, railroad equipment, aircraft, marine
vessels and manufactured dwellings.
     (2) As used in this section, “smoke alarm”
and “smoke detector” shall have the meanings provided in ORS 479.250. [1999
c.307 §18]
     455.415
Identification badges. (1) 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 personÂ’s current license status while performing
work for which the license is required. The authority that licenses the person
shall specify the size and content of the identification badge and may
establish such other specifications as the authority deems appropriate.
     (2) Subsection (1) of this section does
not apply if wearing or displaying the identification badge may create a danger
to the public health or to the safety of the person or the public.
     (3) This section does not require the
display of a contractor or business license. [2003 c.675 §62; 2005 c.758 §21]
     Note: 455.415 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.420
Individual electric meters required in multifamily residential buildings;
exceptions; standards. (1)
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 Business Services the
installation of a single, central electrical meter for all the dwelling units
in such building would facilitate an overall reduction in electrical
consumption by such units.
     (2) For the purpose of carrying out the
provisions of subsection (1) of this section, the director, based on
recommendations of the Residential Structures Board, shall adopt by rule
standards for determining whether the installation of a single electrical meter
for all dwelling units in a multifamily residential building facilitates an
overall reduction in electrical consumption by such units. [Formerly 456.763;
1993 c.744 §94; 2003 c.675 §27]
     455.422
New construction; recycling containers. (1) 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.
     (2) Each commercial building and each
industrial and institutional building that is constructed after October 4,
1997, should include adequate space and access for collection of containers for
solid waste and recyclable materials.
     (3) As used in this section, “commercial,”
“recyclable material” and “solid waste” have the meanings given in ORS 459.005.
[Formerly 215.620]
     Note: 455.422 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.425
Low-income elderly housing multiservice rooms required; standards; exceptions. (1) 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.
     (2) The Director of the Department of
Consumer and Business Services shall adopt rules, in accordance with the
applicable provisions of ORS chapter 183, establishing standards and
specifications for low-income elderly housing multiservice rooms required under
subsection (1) of this section. In development of standards and specifications,
the director may take into account any standards or specifications established
pursuant to any federal program under which the construction of such housing is
funded.
     (3) No housing described in subsection (1)
of this section that contains 20 or fewer units is required to provide a
multiservice room. [Formerly 456.772; 1991 c.67 §127]
     455.430
Reciprocity for prefabricated structures. 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 that
prefabricated structures approved by such other state shall be deemed to have
been approved by the director. [Formerly 456.880]
     455.440
When site soil analysis required; filing of report and notice; duty of
transferor of property; effect of failure to comply. (1) 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 shall:
     (a) Include a copy of that report with the
construction plans filed with the building permit issuing agency; and
     (b) Record, in the County Clerk Lien
Record in the county in which the property is located, a notice containing:
     (A) The legal description of the property;
and
     (B) An informational notice in
substantially the following form:
______________________________________________________________________________
This property
has been identified as having highly expansive soils. This condition may create
special maintenance requirements. Before signing or accepting any instrument
transferring title, persons acquiring title should check with the appropriate
planning or building department.
______________________________________________________________________________
     (2) No action may be maintained against a
city, county or government agency for failing to meet the requirements of
subsections (1) and (2) of this section.
     (3) If a report described in subsections
(1) and (2) of this section identifies the presence of highly expansive soils,
the first transferor shall supply to the first transferee written suggestions
for care and maintenance of the residence to address problems associated with
highly expansive soils.
     (4) If the first transferor violates the
provisions of subsection (3) of this section, the first transferee shall have a
cause of action to recover damages of $750 from the first transferor. The court
may award reasonable attorney fees to the prevailing party in an action under
this section. [1989 c.1026 §§1,2,3; 1995 c.618 §71]
     Note: 455.440 and 455.445 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
455 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.445
Indoor air quality standards for public areas and office workplaces. (1) 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 accepted and in use throughout the United States.
     (2) The director shall adopt building
codes and building product standards to protect the indoor air quality of
private residences but only as necessary to address serious or unique indoor
air quality problems in
     (3) As expeditiously as possible, the
director shall consider for adoption the ventilation standards recommended by
the Indoor Air Pollution Task Force. [1989 c.1070 §10]
     Note: See note under 455.440.
     455.446
Construction of certain facilities and structures in tsunami inundation zone
prohibited; establishment of zone; rules; exceptions. (1)(a) New essential facilities described in
ORS 455.447 (1)(a)(A), (B) and (G) and new special occupancy structures
described in ORS 455.447 (1)(e)(B), (C) and (E) may not be constructed in the
tsunami inundation zone established under paragraph (c) of this subsection. The
provisions of this paragraph apply to buildings with a capacity greater than 50
individuals for every public, private or parochial school through secondary
level and child care centers.
     (b) 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.
     (c) The governing board of the State
Department of Geology and Mineral Industries, by rule, shall determine the
tsunami inundation zone based on the parameters established by the department.
The board shall adopt the zone as determined by the department under paragraph
(b) of this subsection except as modified by the board under paragraph (d) of
this subsection.
     (d) The board may grant exceptions to
restrictions in the tsunami inundation zone established under paragraph (c) of
this subsection after public hearing and a determination by the board that the
applicant has demonstrated that the safety of building occupants will be
ensured to the maximum reasonable extent:
     (A) By addressing the relative risks
within the zone.
     (B) By balancing competing interests and
other considerations.
     (C) By considering mitigative construction
strategies.
     (D) By considering mitigative terrain
modification.
     (e) The provisions of paragraph (a) of
this subsection do not apply:
     (A) To fire or police stations where there
is a need for strategic location; and
     (B) To public schools if there is a need
for the school to be within the boundaries of a school district and fulfilling
that need cannot otherwise be accomplished.
     (f) All materials supporting an
application for an exception to the tsunami inundation zone are public records
under ORS 192.005 to 192.170 and must be retained in the library of the
department for periods of time determined by its governing board.
     (g) The applicant for an exception to the
tsunami inundation zone established under paragraph (c) of this subsection
shall pay any costs for department review of the application and the costs, if
any, of the approval process.
     (2) The definitions in ORS 455.447 apply
to this section.
     (3) The provisions of this section do not
apply to water-dependent and water-related facilities, including but not
limited to docks, wharves, piers and marinas.
     (4) Decisions made under this section are
not land use decisions under ORS 197.015 (10). [1995 c.617 §2; 2005 c.22 §329;
2007 c.354 §31]
     Note: 455.446 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 by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.447
Regulation of certain structures vulnerable to earthquakes and tsunamis; rules. (1) As used in this section, unless the
context requires otherwise:
     (a) “Essential facility” means:
     (A) Hospitals and other medical facilities
having surgery and emergency treatment areas;
     (B) Fire and police stations;
     (C) Tanks or other structures containing,
housing or supporting water or fire-suppression materials or equipment required
for the protection of essential or hazardous facilities or special occupancy
structures;
     (D) Emergency vehicle shelters and
garages;
     (E) Structures and equipment in
emergency-preparedness centers;
     (F) Standby power generating equipment for
essential facilities; and
     (G) Structures and equipment in government
communication centers and other facilities required for emergency response.
     (b) “Hazardous facility” means structures
housing, supporting or containing sufficient quantities of toxic or explosive
substances to be of danger to the safety of the public if released.
     (c) “Major structure” means a building
over six stories in height with an aggregate floor area of 60,000 square feet
or more, every building over 10 stories in height and parking structures as
determined by Department of Consumer and Business Services rule.
     (d) “Seismic hazard” means a geologic
condition that is a potential danger to life and property that includes but is
not limited to earthquake, landslide, liquefaction, tsunami inundation, fault
displacement, and subsidence.
     (e) “Special occupancy structure” means:
     (A) Covered structures whose primary
occupancy is public assembly with a capacity greater than 300 persons;
     (B) Buildings with a capacity greater than
250 individuals for every public, private or parochial school through secondary
level or child care centers;
     (C) Buildings for colleges or adult
education schools with a capacity greater than 500 persons;
     (D) Medical facilities with 50 or more
resident, incapacitated patients not included in subparagraphs (A) to (C) of
this paragraph;
     (E) Jails and detention facilities; and
     (F) All structures and occupancies with a
capacity greater than 5,000 persons.
     (2) The Department of Consumer and
Business Services shall consult with the Seismic Safety Policy Advisory
Commission and the State Department of Geology and Mineral Industries prior to
adopting rules. Thereafter, the Department of Consumer and Business Services
may adopt rules as set forth in ORS 183.325 to 183.410 to amend the state
building code to:
     (a) Require new building sites for essential
facilities, hazardous facilities, major structures and special occupancy
structures to be evaluated on a site specific basis for vulnerability to
seismic geologic hazards.
     (b) Require a program for the installation
of strong motions accelerographs in or near selected major buildings.
     (c) Provide for the review of geologic and
engineering reports for seismic design of new buildings of large size, high
occupancy or critical use.
     (d) Provide for filing of noninterpretive
seismic data from site evaluation in a manner accessible to the public.
     (3) For the purpose of defraying the cost
of applying the regulations in subsection (2) of this section, there is hereby
imposed a surcharge in the amount of one percent of the total fees collected
under the structural and mechanical specialty codes for essential facilities,
hazardous facilities, major structures and special occupancy structures, which
fees shall be retained by the jurisdiction enforcing the particular specialty
code as provided in ORS 455.150 or enforcing a building inspection program
under ORS 455.148.
     (4) Developers of new essential
facilities, hazardous facilities and major structures described in subsection
(1)(a)(E), (b) and (c) of this section and new special occupancy structures
described in subsection (1)(e)(A), (D) and (F) of this section that are located
in an identified tsunami inundation zone shall consult with the State
Department of Geology and Mineral Industries for assistance in determining the
impact of possible tsunamis on the proposed development and for assistance in
preparing methods to mitigate risk at the site of a potential tsunami.
Consultation shall take place prior to submittal of design plans to the
building official for final approval. [1991 c.956 §12; 1995 c.79 §229; 1995
c.617 §1; 2001 c.573 §12]
     Note: 455.447 was added to and made a part of
455.010 to 455.740 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     455.448
Entry and inspection of earthquake-damaged structures; warrant enforcement. (1) 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:
     (a) Enter, at reasonable times, any
property that is known to be damaged, or for which there are reasonable grounds
to believe that the structure has been damaged, as a result of an earthquake.
     (b) Inspect, at reasonable times, within
reasonable limits and in a reasonable manner property that is known to be
damaged, or for which there are reasonable grounds to believe that the
structure has been damaged, as a result of an earthquake.
     (2) If entry is refused, the building
inspector or any duly appointed representative of the Department of Consumer
and Business Services may appear before any magistrate empowered to issue
warrants and request such magistrate to issue an inspection warrant, directing
it to any peace officer, as defined in ORS 161.015 to enter the described
property to remove any person or obstacle and assist the building inspector or
representative of the department inspecting the property in any way necessary
to complete the inspection. [Formerly 401.537]
     Note: 455.448 and 455.449 were added to and made a
part of 455.010 to 455.740 by legislative action but were not added to any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     455.449
Unsafe condition resulting from earthquake damage; abatement of nuisance;
rules. (1) 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 procedure specified by rules adopted by the
agency.
     (2) Any building declared to be in unsafe
condition under subsection (1) of this section shall be made to comply with one
of the following:
     (a) The building shall be repaired in
accordance with the current building code or other current code applicable to
the type of substandard conditions requiring repair;
     (b) The building shall be demolished if
the owner of the building consents; or
     (c) The building may be vacated, secured
and maintained against entry if the building does not constitute an immediate
danger to the life, limb, property or safety of the public.
     (3) If the building or structure is in
such condition as to make it immediately dangerous to the life, limb, property
or safety of the public or its occupants, the Department of Consumer and
Business Services or representative of the department shall order it to be
vacated.
     (4) If the structure, in whole or in part,
is listed on or is eligible for listing on the National Register of Historic
Places, established and maintained under the National Historic Preservation Act
of 1966 (P.L. 89-665), or if the National Register of Historic Places ceases
accepting nominations, is approved for listing on an Oregon register of
historic places, or is a locally designated landmark protected by ordinance
against demolition without due process, alternative compliance with the
provisions of subsection (2)(a) and (c) of this section shall be allowed if the
repaired or rehabilitated building is no more hazardous than it would be if repaired
or rehabilitated in accordance with (2)(a) of this section. [Formerly 401.539]
     Note: See note under 455.448.
(Prohibited
Acts)
     455.450
Prohibited acts. A person
may not:
     (1) 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 license,
certificate, registration or other authorization.
     (2) Engage in, or procure or assist any
other person to engage in, any conduct or activity for which a permit, label,
license, certificate, registration or other formal authorization is required by
any specialty code, any provision of ORS 446.003 to 446.200, 446.225 to
446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to
479.945, 479.950 and 480.510 to 480.670, this chapter or ORS chapter 447, 460
or 693, or any rule adopted or order issued for the administration and
enforcement of those provisions, without first having obtained such permit,
label, license, certificate, registration or other formal authorization.
     (3) Violate, or procure or assist in the
violation of, any standard, specification, requirement, prohibition or other
technical provision set forth in the state building code or an applicable local
building code or in any rule or order of the Department of Consumer and
Business Services, an advisory board, a local governing body or local building
official. [Formerly 456.885 (1); 2007 c.306 §3]
(Specialty
Code Inspection and Building Plan Review)
     455.455
Building inspection and plan review; license required; exception. (1)(a) 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.
     (b) 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.
     (c) A person may not employ an individual
to perform plan reviews unless the individual has a license issued under ORS
455.457.
     (d) A person may not engage in reviewing
plans without having a license issued under ORS 455.457.
     (2) The requirements in subsection (1) of
this section do not apply to a person who is an employee of the state or of a
municipality. [1999 c.1045 §2]
     Note: 455.455 to 455.465, 455.467 and 455.469 to
455.477 were added to and made a part of ORS chapter 455 by legislative action
but were not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
     455.457
Licensing specialty code inspectors and plan reviewers; rules; contents. 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 include but not be limited to the following provisions:
     (1) Prescribing the form and content of
and the times and procedures for submitting an application for the issuance or
renewal of a license.
     (2) Prescribing the terms of the licenses
and the fees for the original issue and renewal in amounts that do not exceed
the cost to the Department of Consumer and Business Services of administering
the licensing system.
     (3) Prescribing the requirements for and
the manner of testing the competency of applicants for the protection of the
public health and safety.
     (4) Prescribing the amounts and conditions
of bonds and liability insurance.
     (5) Setting forth those actions or
circumstances that constitute failure to achieve or maintain licensing
competency or that otherwise constitute a danger to the public health or safety
and for which the director may refuse to issue or renew or may suspend or
revoke a license or impose a civil penalty. [1999 c.1045 §3]
     Note: See note under 455.455.
     455.459
Specialty code inspection and plan review; conflict of interest. (1) 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
perform either the inspection, the plan review, or both.
     (2) For purposes of this section, “relative”
has the meaning given that term in ORS 95.200. [1999 c.1045 §4]
     Note: See note under 455.455.
     455.461
Specialty code inspectors and plan reviewers; quality control; rules. (1) 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 work of such persons and businesses.
     (2) The Director of the Department of
Consumer and Business Services shall appoint by rule a chief inspector for each
specialty code under this chapter. [1999 c.1045 §7]
     Note: See note under 455.455.
     455.463
Specialty code inspection and plan review; department enforcement authority;
investigation. (1) 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 believe that there is
a failure to enforce or there is a violation of any provision of this chapter
or ORS chapters 447 and 479 or any rule adopted thereunder, the director may:
     (a) Examine building code activities of
specialty code inspectors, plan reviewers and businesses that employ specialty
code inspectors and plan reviewers;
     (b) Take sworn testimony; and
     (c) With the authorization of the office
of the Attorney General, subpoena persons and records to obtain testimony on
official actions that were taken or omitted or to obtain documents otherwise
subject to public inspection under ORS 192.410 to 192.505.
     (2) The investigative authority authorized
by subsection (1) of this section covers violations or omissions by specialty
code inspectors, plan reviewers and businesses that employ specialty code
inspectors and plan reviewers licensed under ORS 455.457 related to enforcement
of codes or administrative rules, licensing of inspectors or financial
transactions. [1999 c.1045 §8]
     Note: See note under 455.455.
     455.465
Department and municipalities to designate persons licensed to conduct
specialty code inspection and plan review; fees; exception. (1) In administering a building inspection
program, the Department of Consumer and Business Services or a municipality
shall:
     (a) Designate at least three persons
licensed under ORS 455.457 from whom the department or municipality will accept
plan reviews; or
     (b) Contract with a person licensed under
ORS 455.457 and may include as a term of the contract a process for collection
of plan review fees.
     (2) For plan reviews conducted under
subsection (1) of this section, the department or a municipality may:
     (a) Establish the process for collecting
fees from a person licensed under ORS 455.457; and
     (b) Collect an administrative fee as
provided in ORS 455.210.
     (3) The provisions of ORS 279C.100 to
279C.125 and 279C.300 to 279C.470 and ORS chapters 279A and 279B, except ORS
279B.235, do not apply to a personal services contract between the department
or a municipality and a person licensed under ORS 455.457. [1999 c.1045 §20;
2003 c.794 §284]
     Note: See note under 455.455.
     455.466
Rapid approval assessment for essential projects. (1) As used in this section, “essential
project” means a:
     (a) State owned or operated development;
     (b) Development of industries in the
traded sector as defined in ORS 285A.010 for structures more than 100,000
square feet in size;
     (c) Project in an industrial site listed
by the Economic and Community Development Department as ready for development
and for which the project construction totals more than 100,000 square feet in
size; or
     (d) Development designated by the Director
of the Economic and Community Development Department as essential to the
economic well-being of the state.
     (2) Notwithstanding any municipal building
inspection program under ORS 455.148 or 455.150, an applicant for a building
permit for an essential project or the municipality having jurisdiction over an
essential project may request in writing that the Department of Consumer and
Business Services administer and enforce the state building code for the
project.
     (3) Upon receipt by the Department of
Consumer and Business Services of a written request under this section, the
Director of the Department of Consumer and Business Services shall assemble a
rapid approval assessment team consisting of such department employees and
other persons as the director considers appropriate. The purpose of the rapid
approval assessment team shall be to provide assistance and advice to the
director.
     (4) The Director of the Department of
Consumer and Business Services, in consultation with the rapid approval
assessment team, shall determine whether adequate resources are available to
ensure that an essential project may proceed in a timely, consistent and
flexible manner. In determining the availability of resources under this
subsection, the director and the rapid approval assessment team shall give
first consideration to the availability of municipal resources. If the director
determines that municipal resources may be inadequate for the essential
project, the director may consider whether state resources or a combination of
municipal and state resources is available to ensure that the essential project
may proceed in a timely, consistent and flexible manner. A determination by the
director under this subsection is not appealable.
     (5) The Director of the Department of
Consumer and Business Services may take all actions that the director considers
reasonable and necessary to ensure that an essential project may proceed in a
timely, consistent and flexible manner, including but not limited to:
     (a) Establishing policies, procedures and
rules as necessary;
     (b) Working directly with local
municipalities and other state agencies to resolve conflicts and disputes
related to the state building code;
     (c) Encouraging cooperation between state
and municipal building officials and inspectors;
     (d) Developing agreements;
     (e) Developing site-specific dispute
resolution and appeals related to state building code requirements;
     (f) Expediting, coordinating or providing
building inspection program plan review, permitting and inspection services;
     (g) Assisting a municipality or seeking
assistance from a municipality; and
     (h) Establishing fees to cover the cost of
provided services. [2003 c.369 §2]
     Note: 455.466 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.467
Timelines for approval or disapproval of certain specialty code building plans;
exceptions; phased permit systems; failure to adhere to timelines. (1) 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:
     (a) For a jurisdiction with a population
that is less than 300,000, within 10 business days of receiving a complete
application, or shall implement the process described in ORS 455.465.
     (b) For a jurisdiction with a population
that is 300,000 or more, within 15 business days of receiving a complete
application, or shall implement the process described in ORS 455.465.
     (2) The 10-day and 15-day requirements in
subsection (1) of this section do not apply if:
     (a) The plan requires approval by federal,
state or local agencies outside the jurisdiction of the issuing agency;
     (b) The plan is for a complex structure
that requires additional review as determined by the department or
municipality; or
     (c) Based on conditions that exist in the
affected municipality, the Director of the Department of Consumer and Business
Services authorizes a different plan review schedule as described in a building
inspection program submitted under ORS 455.148 or 455.150.
     (3) For specialty code plan reviews of
commercial structures, a municipality shall include in its building inspection
program submitted under ORS 455.148 or 455.150 a process for plan review
services. The municipality shall include in its program detailed reasons supporting
the proposed plan review process. The plan review services provided by the
municipality shall:
     (a) Allow an applicant to defer the
submittal of plans for one or more construction phases for a commercial
construction project in accordance with the state building code; and
     (b) Allow an applicant to receive permits
for each of the phases of a commercial construction project as described in the
state building code when the plan review for that phase is approved.
     (4) For a phased commercial construction
project as described in subsection (3) of this section, the municipality shall
inform the applicant of the detailed plans necessary for each phase of the
project and the estimated time for initial and phased review of the building
plans for conformance with the state building code.
     (5) An applicant submitting plans under
subsection (3) of this section is responsible for ensuring that the project
meets all specialty code requirements and that the project does not proceed
beyond the level of approval authorized by the building official.
     (6) A municipality that repeatedly fails
to meet the plan review period described in this section or otherwise
authorized in its building inspection program submitted under ORS 455.148 or
455.150 shall be considered to be engaging in a pattern of conduct of failing
to provide timely plan reviews under ORS 455.160. [1999 c.1045 §21; 2001 c.384 §1;
2001 c.573 §13; 2003 c.675 §28]
     Note: See note under 455.455.
     455.468
Electronic submission of application materials. 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,
requiring a signature or the submission of handwritten materials. [2003 c.336 §3]
     Note: 455.468 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 by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.469
Municipal building inspection program to include certain policies and
ordinances. 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. [1999 c.1045 §22; 2001 c.573 §14]
     Note: See note under 455.455.
     455.471
Specialty code inspection and plan review fee authority; disposition of certain
fee amounts. (1) 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.
     (2) 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 455.220
(1). The surcharges shall be remitted quarterly to the department to partially
defray the departmentÂ’s administration, inspection and training costs incurred
pursuant to ORS 455.455, 455.457, 455.461 and 455.463. Funds received by the
department under this section shall be deposited in the Consumer and Business
Services Fund created by ORS 705.145. [1999 c.1045 §6; 2007 c.69 §7]
     Note: See note under 455.455.
     455.473
Disposition of certain fees received by department. 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 out the provisions of ORS 455.455 to 455.463, 455.471, 455.473,
455.477 and 455.897 and section 10, chapter 1045, Oregon Laws 1999. [1999
c.1045 §5; 2003 c.14 §283]
     Note: See note under 455.455.
     455.475
Appeal of decision of building official. A person aggrieved by a decision made by a building official under
authority established pursuant to ORS 455.148, 455.150 or 455.467 may appeal
the decision. The following apply to an appeal under this section:
     (1) An appeal under this section shall be
made first to the appropriate specialty code chief inspector of the Department
of Consumer and Business Services. The decision of the department chief
inspector may be appealed to the appropriate advisory board. The decision of
the advisory board may only be appealed to the Director of the Department of
Consumer and Business Services if codes in addition to the applicable specialty
code are at issue.
     (2) If the appropriate advisory board
determines that a decision by the department chief inspector is a major code
interpretation, then the inspector shall distribute the decision in writing to
all applicable specialty code public and private inspection authorities in the
state. The decision shall be distributed within 60 days after the boardÂ’s
determination, and there shall be no charge for the distribution of the
decision. As used in this subsection, a “major code interpretation” means a
code interpretation decision that affects or may affect more than one job site
or more than one inspection jurisdiction.
     (3) If an appeal is made under this
section, an inspection authority shall extend the plan review deadline by the
number of days it takes for a final decision to be issued for the appeal. [1999
c.1045 §23; 2001 c.573 §15]
     Note: See note under 455.455.
     455.477
Requirement for suit filed by licensed specialty code inspector or plan
reviewer. 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 ORS 455.457 at the time of performing such work. [1999
c.1045 §11]
     Note: See note under 455.455.
     455.479
Application to specialty inspections identified by department. 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. [1999 c.1045 §27]
     Note: 455.479 and 455.481 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
455 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.481
Application to inspection and plan review for prefabricated structures. 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. [1999 c.1045 §28]
     Note: See note under 455.479.
     455.483
Electrical and plumbing code plan review; rules. (1) 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.
     (2) The department shall adopt rules to
make plumbing code plan review mandatory only for complex structures located in
jurisdictions that offer plumbing code plan review services.
     (3) Notwithstanding any rules adopted
pursuant to subsections (1) and (2) of this section, an owner of a complex
structure or the ownerÂ’s agent may request and receive plan review and
inspections for any electrical and plumbing materials and installations that
are subject to the state building code. [2003 c.367 §5; 2005 c.661 §1]
     Note: 455.483 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.510 [Formerly 456.730; repealed by 1993 c.744 §41]
     455.520 [Formerly 456.735; repealed by 1993 c.744 §41]
ENERGY
CONSERVATION
(Generally)
     455.525
Rules for energy conservation and passive solar energy in structures; inclusion
in building code; application of testing requirements to fenestration products;
review of regulations. (1)
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 Structures Board shall establish basic and uniform
performance standards to provide maximum energy conservation and use of passive
solar energy in the design, construction, reconstruction, alteration and repair
of buildings and other structures. Such standards shall be submitted to the
Director of the Department of Consumer and Business Services for proposed
inclusion in the state building code as provided by ORS 455.030 (4).
     (2) Any testing requirements adopted under
subsection (1) of this section do not apply to fenestration products that are
for use within residential structures if the fenestration products are:
     (a) Used in the creation of sunrooms and
solariums and constructed with a minimum of a one-half inch space between the
panes; or
     (b) Fenestration products used as
skylights that constitute no more than 10 percent of the total glazing used in
any dwelling unit.
     (3) The Residential Structures Board and
the director shall jointly adopt by rule default thermal performance values for
residential fenestration products that are produced in low volume. Any testing
requirements adopted under subsection (1) of this section or ORS 455.020 or
455.030 do not apply to residential fenestration products that are produced in
low volume.
     (4) Fenestration products manufactured for
use as skylights that are subject to the provisions of subsection (1) of this
section and have frames that are wood, thermal break aluminum or aluminum with
vinyl shall be deemed to meet any performance standards included in the state
building code when the following glazing configurations are used:
     (a) A minimum one-half inch space between
the panes and low-e (emissivity) glass; or
     (b) Triple-layered acrylic.
     (5) Regulations relating to the use and
conservation of energy adopted pursuant to ORS 455.020 (2) shall be reviewed by
the Building Codes Structures Board and the Residential Structures Board. [Formerly
456.740; 1993 c.744 §95; 1993 c.782 §1; 1999 c.59 §128; 2003 c.675 §29]
     455.530
Authority to receive money and to contract. The Building Codes Structures Board and the Residential Structures
Board may:
     (1) Apply for and receive moneys from any
person, from the federal government, from this state or from any state agency
or department.
     (2) Contract with any public agency for
the performance of services or the exchange of employees or services by one to
the other necessary in carrying out the purposes of ORS 455.525 and 455.530. [Formerly
456.745 and then 456.742; 2003 c.675 §30]
(Energy
Conservation Standards for Public Buildings)
     455.560
Definitions for ORS 455.560 to 455.580. As used in ORS 455.560 to 455.580, unless the context requires
otherwise:
     (1) “Department” means the Department of
Consumer and Business Services.
     (2) “Director” means the Director of the
Department of Consumer and Business Services.
     (3) “Person” means an individual,
partnership, joint venture, private or public corporation, association, firm,
public service company, political subdivision, municipal corporation,
government agency, peopleÂ’s utility district, or any other entity, public or
private, however organized.
     (4) “Public buildings” means any building,
including outdoor area adjacent thereto, which is open to the public during
normal business hours, except exempted buildings. Each of the following is a
public building within the meaning of ORS 455.560 to 455.580, unless it or any
portion thereof is exempted by rule or order pursuant to ORS 455.570 (2), (3)
and (4):
     (a) Any building which provides facilities
or shelter for public assembly, or which is used for educational, office or
institutional purposes;
     (b) Any inn, hotel, motel, sports arena,
supermarket, transportation terminal, retail store, restaurant, or other
commercial establishment which provides services or retails merchandise;
     (c) Any portion of an industrial plant
building used primarily as office space; or
     (d) Any building owned by the state or
political subdivision thereof, including libraries, museums, schools,
hospitals, auditoriums, sports arenas and university buildings. [Formerly
456.746; 1993 c.744 §96]
     455.565
Purpose of ORS 455.560 to 455.580. It is the purpose of ORS 455.560 to 455.580 to promote, encourage and
require measures to conserve energy in public buildings. [Formerly 456.744]
     455.570
Maximum lighting standards for new public buildings; exemptions. (1) After consultation with the Building
Codes Structures Board and the State Department of Energy, 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,
the uses to which buildings are put, location, age or any other applicable
classification.
     (2) Such standards shall allow for:
     (a) Differences in lighting levels within
public buildings for special areas and uses, including but not limited to hospital,
drafting room, and advertising display, and for other areas and activities
requiring special illumination.
     (b) The interaction between lighting and
heating systems.
     (c) Occupational safety and health
standards.
     (3) The director may by rule or order
exempt from the maximum lighting standards, new public buildings or portions
thereof that:
     (a) Are of insufficient size to warrant
maximum lighting standard regulations;
     (b) Should be allowed a specific period of
time before compliance with maximum lighting standards is required;
     (c) Are difficult or impractical to
regulate based upon location;
     (d) Are not open to the public during
normal business hours;
     (e) Are impractical to regulate, based
upon unique design; or
     (f) Would not be benefited by regulation,
based upon the insignificant amount of energy possible to conserve.
     (4) Any person subject to ORS 455.560 to
455.580 may apply to the director for an exemption under this section. [Formerly
456.747]
     455.575
Advisory lighting standards for public buildings constructed before July 1,
1978. After consultation
with the Building Codes Structures Board and the State Department of Energy,
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. [Formerly 456.748]
     455.580
Status of powers of director.
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. [Formerly 456.749]
     455.595
Energy Efficient Construction Account. 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
legislative review agency are continuously appropriated for the payment of
these expenses. [1987 c.206 §6]
     Note: 455.595 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 by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
LOW-RISE
RESIDENTIAL DWELLING CODE
     455.610
Low-Rise Residential Dwelling Code; adoption; changes; compatibility of other
codes; alternative methods of construction; rules. (1) 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 must be compatible with other specialty codes adopted by the
director. The Electrical and Elevator Board, the Mechanical Board and the State
Plumbing Board shall review, respectively, amendments to the electrical,
mechanical or plumbing provisions of the code.
     (2) Changes or amendments to the code
adopted under subsection (1) of this section may be made when:
     (a) Required by geographic or climatic
conditions unique to
     (b) Necessary to be compatible with other
statutory provisions;
     (c) Changes to the national codes are
adopted in
     (d) Necessary to authorize the use of
building materials and techniques that are consistent with nationally
recognized standards and building practices.
     (3) Notwithstanding ORS 455.030, 455.035,
455.110 and 455.112, the director may, at any time following appropriate
consultation with the Mechanical Board or Building Codes Structures Board,
amend the mechanical specialty code or structural specialty code to ensure
compatibility with the Low-Rise Residential Dwelling Code.
     (4) The water conservation provisions for
toilets, urinals, shower heads and interior faucets adopted in the Low-Rise
Residential Dwelling Code shall be the same as those adopted under ORS 447.020
to meet the requirements of ORS 447.145.
     (5) The Low-Rise Residential Dwelling Code
shall be adopted and amended as provided by ORS 455.030 and 455.110.
     (6) The director, by rule, shall establish
uniform standards for a municipality to allow an alternate method of
construction to the requirements for one and two family dwellings built to the
Low-Rise Residential Dwelling Code in areas where the local jurisdiction
determines that the fire apparatus means of approach to a property or water
supply serving a property does not meet applicable fire code or state building
code requirements. The alternate method of construction, which may include but
is not limited to the installation of automatic fire sprinkler systems, must be
approved in conjunction with the approval of an application under ORS 197.522.
     (7) For lots of record existing before
July 2, 2001, or property that receives any approval for partition, subdivision
or construction under ORS 197.522 before July 2, 2001, a municipality allowing
an alternate method of construction to the requirements for one and two family
dwellings built to the Low-Rise Residential Dwelling Code may apply the uniform
standards established by the director pursuant to subsection (6) of this
section. For property that receives all approvals for partition, subdivision or
construction under ORS 197.522 on or after July 2, 2001, a municipality
allowing an alternate method of construction to the requirements for one and
two family dwellings built to the Low-Rise Residential Dwelling Code must apply
the uniform standards established by the director pursuant to subsection (6) of
this section. [1987 c.604 §2; 1991 c.366 §1; 1991 c.558 §1; 1991 c.945 §6; 1993
c.419 §1; 1993 c.744 §97; 2001 c.702 §1; 2003 c.675 §§31,32; 2005 c.435 §1]
     455.620 [1987 c.604 §3; repealed by 1991 c.366 §2]
     455.622
Certification of inspectors; rules. 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 ORS
455.610 to 455.630. [1995 c.553 §10; 2003 c.675 §33]
     Note: 455.622 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.625
Rules for permits; schedule of inspections. The Director of the Department of Consumer and Business Services
shall, by rule, adopt:
     (1) A list of information required for
low-rise residential dwelling building permits; and
     (2) A priority schedule for low-rise
residential dwelling inspections and plan review requirements. [1987 c.604 §5;
1997 c.658 §3; 2003 c.675 §34]
     455.626
Rules for accommodating technology. 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. [1999 c.329 §2;
2003 c.675 §48]
     Note: 455.626 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.627
Minor electrical installation inspection program; rules. The Department of Consumer and Business
Services, in consultation with the Residential 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.
[1995 c.53 §13; 2003 c.675 §35]
     Note: 455.627 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 by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.628
Plan review exemption. (1)
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:
     (a) The plans for the dwelling are
designed and stamped by a professional engineer registered under ORS 672.102 or
an architect registered under ORS 671.060; and
     (b) The engineer or architect is certified
by the Director of the Department of Consumer and Business Services under ORS
455.720 as being qualified to examine one and two family dwelling plans.
     (2) The department or municipality is
exempt from liability for any damages arising from the nonperformance of a plan
review pursuant to this section. [2003 c.367 §4; 2005 c.758 §21a]
     Note: 455.628 was added to and made a part of ORS
chapter 455 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     455.630
Enforcement. (1) The
Low-Rise Residential Dwelling Code shall be enforced by inspectors and building
officials qualified pursuant to ORS 455.715 to 455.740.
     (2) 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 Consumer and Business Services. [1987 c.604 §7; 1999
c.714 §1; 2003 c.675 §36]
     455.635 [Formerly 456.787; renumbered 455.085 in
1991]
PUBLIC
ASSEMBLY STRUCTURES
     455.640
Definitions for ORS 455.640 to 455.645. (1) 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.
     (2) “Architect” means an architect as
defined in ORS 671.010 in accordance with the rules and regulations of the
State Board of Architect Examiners.
     (3) “Certified structure” means a
structure designed by a professional engineer or architect as defined in this
section.
     (4) “Professional engineer” means an
engineer as defined in ORS 672.002 in accordance with the rules and regulations
of the State Board of Examiners for Engineering and Land Surveying.
     (5) “Structures of public assembly” means
structures which the public may enter for such purposes as deliberation,
education, worship, shopping, entertainment, amusement or awaiting
transportation. [Formerly 456.965]
     Note: 455.640, 455.642 and 455.645 were added to
and made a part of ORS chapter 455 by legislative action but were not added to any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     455.642
Application. 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. [Formerly 456.970]
     Note: See note under 455.640.
     455.645
Certain plans for structures of public assembly to be certified. 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, including wind and earthquakes, as well as gravity loads, in accordance
with accepted engineering practice and governing building codes. The design shall
be accompanied by supporting lateral force calculations. [Formerly 456.975]
     Note: See note under 455.640.
MUNICIPAL
REVIEW AND INSPECTION
(Generally)
     455.675
Authorized substitutions in codes adopted by reference. 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:
     (1) “Building official” for “administrative
authority.”
     (2) “Governing body” for “mayor” and “city
council.”
     (3) “Municipality” for “city,” “county” or
other unit of local government. [Formerly 456.875; 1999 c.1045 §17]
     455.680
Plan approval and permits for recreation or picnic park or camp; license; rules. (1) 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.
     (2) If the department determines that the
work conforms to the approved plans and specifications, it shall issue a final
approval which shall, if all other conditions of ORS 455.010 to 455.240,
455.410 to 455.450 and 455.595 to 455.740 are met, authorize the issuance of a
license by the Department of Human Services to operate the park or, in the case
of then currently licensed parks, shall authorize continued operation for the
remaining part of the licensing year.
     (3) In accordance with ORS 455.010 to
455.240, 455.410 to 455.450 and 455.595 to 455.740 and in consultation and
agreement with the Department of Human Services, the Department of Consumer and
Business Services shall adopt rules to carry out this section. The rules
adopted pursuant to this section shall be a specialty code as defined in ORS
455.010. [Formerly 446.337 and then 456.837; 1997 c.259 §2]
     455.685
Review of plans and specifications to determine compliance; effect of approval;
fees. 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 of the state building code. All costs incurred by
the director by virtue of the examination of such a set of plans and
specifications shall be paid by the applicant. The plans and specifications or
any plans and specifications required to be submitted to a state agency shall
be submitted to the director who shall examine the instruments and if necessary
distribute them to the appropriate state agencies for scrutiny regarding
adequacy as to fire safety, life safety and all other appropriate features. The
state agencies shall examine and promptly return the plans and specifications
together with their certified statement as to the adequacy of the instruments
regarding that agencyÂ’s area of concern. The applicant shall submit the plans
and specifications to a local building official prior to application for a
building permit. The local building official shall review the plan for those
features required by local ordinance or by any site-specific, geographic,
geologic or climatic code requirements. A local building official shall issue a
building permit upon application and presentation to the local building
official of such a set of plans and specifications bearing the approval of the
director if the requirements of all other local ordinances are satisfied. The
director or local building official may assess such fees as necessary to
recover the reasonable costs incurred to ensure the compliance of the plans and
specifications with the state building code. [Formerly 456.840; 1997 c.856 §3]
     455.690
Appeal to advisory boards.
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 department, with the
request for appeal. The final decision of the involved municipality or state
officer shall be subject to review and final determination by the appropriate
advisory board as to technical and scientific determinations related to the
application of the specialty code involved. [Formerly 456.850; 1993 c.744 §98]
     455.700
Validity of certain building permits. 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. [Formerly 456.855]
     455.705
Prefabricated 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. (1) 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 approvals or inspections
for a residential prefabricated structure that is intended for delivery in
another state.
     (2)(a) A person may not engage in
prefabricated structure plan approvals or inspections without being certified
under ORS 455.715 to 455.740 or 479.810 unless the person is providing plan
approvals or inspections for a residential prefabricated structure that is
intended for delivery in another state.
     (b) A person may not engage in the
business of providing prefabricated structure plan approvals or inspections
without an approval issued by the Department of Consumer and Business Services.
     (3) In accordance with any applicable
provisions of ORS chapter 183, the Director of the Department of Consumer and
Business Services shall establish by rule a system for approval and regulation
of businesses and persons who perform prefabricated structure plan approvals or
inspections. The system shall include but not be limited to the following
provisions:
     (a) Prescribing the form and content of
and the times and procedures for submitting an application for the issuance or
renewal of an approval.
     (b) Prescribing the term of the approval
and the fee for the original issue and renewal in an amount that does not
exceed the cost of administering the approval system. The charge for review and
approval of a third party inspection service shall not exceed, for the original
issue, $400 and for the renewal, $200.
     (c) Prescribing the conditions for initial
issuance, renewal and maintenance of the approval for a person certified under
ORS 455.715 to 455.740 or 479.810, including but not limited to the following
provisions:
     (A) Procedures and reports for plan
approvals and inspections;
     (B) Ethical practices and prohibitions of
conflicts of interests with manufacturers of prefabricated structures and
manufacturers and suppliers of parts and services;
     (C) Insurance compliance requirements;
     (D) Procedures for use and application of
insignia of compliance; and
     (E) Fees for and procedures for use and
application of certification stamps.
     (d) Prescribing other actions or
circumstances that constitute failure to achieve or maintain approval
competency or that otherwise constitute a danger to the public health or safety
and for which the director may refuse to issue or renew or may suspend or
revoke a certification, permit or certificate.
     (e) Prescribing the authority of the
department to perform oversight monitoring including but not limited to:
     (A) Right of entry and access to third
party records and information;
     (B) Frequency, type and extent of the
oversight monitoring and inspection of third party agencies and manufacturing
facilities; and
     (C) Frequency and description of
information to be submitted as part of the monitoring process.
     (f) Prescribing fees for monitoring
conducted by the department at the manufacturing plant site or at third party
inspection service locations, which fees shall not exceed $60 per hour.
     (4)(a) The department shall establish by
rule a manufacturer compliance program to allow for plan approvals or
inspections of prefabricated structures or prefabricated structure components
at the facility at which the prefabrication takes place, including but not
limited to the following provisions:
     (A) Quality assurance programs;
     (B) Procedures for use and application of
insignia of compliance; and
     (C) Fees for and procedures for use and
application of certification stamps.
     (b) A manufacturer of prefabricated
structures shall provide the department with written notice at least 60 days
before a manufacturer may provide for plan approval or inspection service as
allowed under subsection (2) of this section.
     (c) The department is not required to
provide plan approval for or inspection of any prefabricated structure or
prefabricated structure components unless the department has been notified in writing
by the manufacturer of the prefabricated structure 180 days in advance of the
proposed assumption of department inspections.
     (5) A person may not rent, lease, sell,
exchange, install or offer for rent, lease, sale, exchange or installation
within this state a prefabricated structure constructed on or after July 1,
1991, unless it bears an insignia of compliance or certification stamp issued
by the department or a third party indicating compliance with this stateÂ’s
building regulations and standards for prefabricated structures. The
prohibition in this subsection does not apply to a residential prefabricated
structure intended for delivery in another state unless the residential
prefabricated structure is installed or offered for installation in this state.
A prefabricated structure with an insignia of compliance or certification stamp
shall be acceptable to municipalities as meeting the state building code
regulations. Prefabricated structures constructed prior to July 1, 1991, are
subject to the building code regulations in effect at the time of original
construction.
     (6) The provisions of this section do not
apply to employees of the Department of Consumer and Business Services and
testing laboratories approved under ORS chapters 447 and 479.
     (7) For purposes of this section, “insignia
of compliance” means the plate affixed to a structure by the Department of
Consumer and Business Services or a third party to signify compliance with all
state building code requirements for which the structure was inspected.
     (8) Prefabricated structures or components
found by the department or a third party to represent a danger to public health
or safety shall be brought into compliance with building code regulations or
removed from the state.
     (9) All plan approvals and inspections of
prefabricated structures and prefabricated components constructed at
manufacturing plants outside of
     Note: 455.705 was added to and made a part of
455.010 to 455.740 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
(Inspectors)
     455.715
Definitions for ORS 455.715 to 455.740. As used in ORS 455.715 to 455.740, unless the context otherwise
requires:
     (1) “Building official” means a person
charged by a municipality with responsibility for administration and
enforcement of the state building code in the municipality.
     (2) “Business of providing prefabricated
structure plan approvals and inspections” means an independent contractor
providing prefabricated structure plan approval or inspection services, or
both, under the following specialty codes, as provided in ORS 455.020, 455.705
and 455.715:
     (a) Structural;
     (b) Mechanical;
     (c) Plumbing;
     (d) Electrical; and
     (e) Low-rise residential dwelling.
     (3) “Inspector” means:
     (a) A person, including a plans examiner,
acting under the authority and direction of a building official and charged
with the responsibility of routine enforcement of any specialty code; or
     (b) A person, including a plans examiner,
who provides enforcement of any specialty code, who is personally in the
business of providing prefabricated structure plan approvals or inspections or
is employed by such a business. [Formerly 456.805; 1991 c.361 §1; 1995 c.304 §5;
2003 c.675 §37]
     455.720
Standards and qualifications for personnel; rules. (1) 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:
     (a) Establish for building officials and
inspectors reasonable minimum training and experience standards, including but
not limited to courses or subjects for instruction, facilities for instruction,
qualification of instructors and methods of instruction. The standards shall
include provisions for determining a practical experience equivalent.
     (b) Establish a procedure to be used by
municipalities to determine whether a person meets minimum standards or has
minimum training to be appointed or employed as a building official or
inspector. The procedure shall allow for a field examination of a person to
determine if the person meets the practical experience equivalent of a minimum
standard.
     (c) Subject to such terms, conditions and
classifications as the director may impose, certify building officials as being
qualified, and revoke such certifications in the manner provided in ORS
455.740.
     (d) Require an applicant for a certificate
as a building official or inspector to demonstrate knowledge of the laws governing
accessibility to buildings by persons with disabilities by passing an
examination prescribed by the director.
     (2) The director shall maintain and, upon
request of municipalities, furnish information on applicants for appointment or
employment as building officials or inspectors.
     (3) Pursuant to ORS chapter 183, the
director shall adopt rules necessary to carry out the certification programs
provided by subsection (1) of this section.
     (4) The director, by rule, may require
evidence of completion of continuing education covering any certification
created under this section as a condition of maintaining the certification.
Nothing in this subsection shall prohibit the director from delegating any of
this power to a municipality.
     (5) The director, with the advice of the
appropriate advisory boards, may adopt rules for certifying inspectors as being
qualified to enforce one or more particular specialty codes, subject to any
terms, conditions and classifications the director may impose, and for revoking
those certifications in the manner provided in ORS 455.740. [Formerly 456.810;
1989 c.224 §119; subsection (4) enacted as 1991 c.361 §5; 1999 c.527 §1; 2001
c.104 §197; 2005 c.758 §21b; 2007 c.70 §257]
     455.725
Certification of personnel training programs. (1) 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.
     (2) If the director finds that a training
program is qualified under the minimum requirements established pursuant to ORS
455.720, the director shall, in writing, certify the training program as being
qualified for such a period of time and upon such conditions as the director
may prescribe. An individual complies with any minimum requirement for building
officials or inspectors established pursuant to ORS 455.720 when the individual
satisfactorily completes a training program certified under this section. [Formerly
456.815; 1999 c.1045 §18]
     455.730
Certification of personnel required. 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. [Formerly 456.820]
     455.735
Application for certification; fee; issuance of certificate. (1) Any person desiring to be certified as a
building official or inspector pursuant to ORS 455.715 to 455.740 shall make
application to the Director of the Department of Consumer and Business Services
upon such forms as the director may prescribe for such purpose.
     (2)(a) Each person applying for
certification pursuant to this section shall pay a fee of $22.
     (b) In the event the director requires, by
rule, an applicant for a particular certification to pass an examination
prepared by a national organization, the applicant shall pay in addition to the
fee required in paragraph (a) of this subsection, the cost of the examination.
     (3) Upon determining that the applicant is
qualified under ORS 455.715 to 455.740, the director shall issue a certificate
or cause a certificate to be issued to the applicant. [Formerly 456.825; 1991
c.201 §1; 1991 c.361 §2; 2005 c.758 §21c]
     455.737
Experience and training outside
     (2)(a) A local building official who
wishes to employ a person who is not certified under ORS 455.735 as an
inspector shall submit the personÂ’s qualifications to the director. The
director shall review the stated qualifications against the criteria adopted
under subsection (1) of this section, including verification of experience and
training. The director shall respond to the local building official in writing
within 10 working days of receiving the applicantÂ’s qualifications, stating
whether the person meets the applicable criteria.
     (b) Upon application and payment of the
required fee, the director shall allow a person whose qualifications meet the
criteria adopted under subsection (1) of this section to sit for any
examination necessary for the required certification. [1997 c.677 §2; 2005
c.758 §21d]
     Note: Section 4, chapter 677, Oregon Laws 1997,
provides:
     Sec.
4. The provisions of ORS
455.035 are waived with respect to any rules adopted under section 2 of this
Act [455.737] or ORS 479.810 as amended by section 3 of this Act. [1997 c.677 §4]
     455.740
Revocation of certification.
(1) The Director of the Department of Consumer and Business Services may, upon
notice and hearing, suspend or revoke the certification of any building
official or inspector when it appears to the director by competent evidence
that the building official or inspector:
     (a) Has consistently failed to act in the
public interest in the performance of duties;
     (b) Failed to complete the continuing
education requirements as required under ORS 455.720 (4); or
     (c) Provided false information to the
department.
     (2) In any revocation proceeding under
this section, the municipality that employs the building official or inspector
shall be entitled to appear as a party in interest, either for or against the
revocation.
     (3) When a certification is suspended or
revoked under this section, the director may also suspend, deny or place
conditions on that personÂ’s right to reapply for certification under ORS
455.735 for a period not to exceed 12 months.
     (4) Nothing in this section shall be
construed to limit or otherwise affect the authority of a municipality to
dismiss or suspend a building official or inspector at its discretion.
     (5) Notwithstanding the requirements of
subsections (1) to (4) of this section, the director may adopt rules which:
     (a) Allow certifications to be placed on
inactive status; and
     (b) Extend continuing education compliance
requirements in case of illness or hardship. [Formerly 456.835; 1991 c.361 §3]
(Remedial
Authority of Director)
     455.770
Investigative authority of director over municipalities; corrective action;
limitation. (1) In addition
to any other authority and power granted to the Director of the Department of
Consumer and Business Services under ORS 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 officials and inspectors, if the director has reason to believe that
there is a failure to enforce or a violation of any provision of ORS 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 or ORS chapter 447, 460 or 693 or any
rule adopted thereunder, the director may:
     (a) Examine building code activities of
the municipality;
     (b) Take sworn testimony; and
     (c) With the authorization of the Office
of the Attorney General, subpoena persons and records to obtain testimony on
official actions that were taken or omitted or to obtain documents otherwise
subject to public inspection under ORS 192.410 to 192.505.
     (2) The investigative authority authorized
in subsection (1) of this section covers the violation or omission by a
municipality related to enforcement of codes or administrative rules,
certification of inspectors or financial transactions dealing with permit fees
and surcharges under any of the following circumstances when:
     (a) The duties are clearly established by
law, rule or agreement;
     (b) The duty involves procedures for which
the means and methods are clearly established by law, rule or agreement; or
     (c) The duty is described by clear
performance standards.
     (3) Prior to starting an investigation
under subsection (1) of this section, the director shall notify the
municipality in writing setting forth the allegation and the rules or statutes
pertaining to the allegation and give the municipality 30 days to respond to
the allegation. If the municipality does not satisfy the directorÂ’s concerns,
the director may then commence an investigation.
     (4) If the Department of Consumer and
Business Services directs corrective action the following shall be done:
     (a) The corrective action shall be in
writing and served on the building official and the chief executive officers of
all municipalities affected;
     (b) The corrective action shall identify
the facts and law relied upon for the required action; and
     (c) A reasonable time shall be provided to
the municipality for compliance.
     (5) The director may revoke any authority
of the municipality to administer any part of ORS 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 or ORS chapter 447, 460 or 693 or any rule adopted
thereunder if the director determines after a hearing conducted under ORS
183.413 to 183.497 that:
     (a) All of the requirements of this
section and ORS 455.775 and 455.895 were met; and
     (b) The municipality did not comply with
the corrective action required.
     (6) Nothing in ORS 455.775 shall be
construed to grant any authority over a municipality or inspector employed by a
municipality. [1991 c.792 §§2,6; 1995 c.79 §230; 2001 c.411 §19]
     455.775
Investigative authority of director; corrective action. 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 446, 447, 460, 479, 480 and 693:
     (1) Except where inconsistent with other
provisions of law, the director may enforce the provisions of ORS 446.003 to
446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950,
479.995 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and
693 against any person regardless of whether a permit, certificate, license or
other indicia of authority has been issued. The director may:
     (a) Make an investigation;
     (b) Take sworn testimony;
     (c) With the authorization of the Office
of the Attorney General, subpoena persons and records;
     (d) Order corrective action; and
     (e) If an immediate hazard to health and
safety is imminent, issue an order to stop all or any part of the work under
the applicable specialty code.
     (2) If the director has reason to believe
that any person has been engaged, or is engaging, or is about to engage in any
violation of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420,
479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS
chapters 447, 460 and 693 and any rule adopted thereunder, the director may
issue an order, subject to ORS 183.413 to 183.497, directed to the person to
cease and desist from the violation or threatened violation.
     (3) If the director has reason to believe
that any person has been engaged, or is engaging, or is about to engage in any
violation of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420,
479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS
chapters 447, 460 and 693 and any rule adopted thereunder, the director may,
without bond, bring suit in the name and on behalf of the State of Oregon in
the circuit court of any county of this state to enjoin the acts or practices
and to enforce compliance with ORS 446.003 to 446.200, 446.225 to 446.285,
446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this
chapter and ORS chapters 447, 460 and 693 and any rule adopted thereunder. Upon
a proper showing, a permanent or temporary injunction, restraining order or
writ of mandamus shall be granted. [1991 c.792 §§3,5; 1999 c.597 §1; 2001 c.411
§20; 2003 c.14 §285]
MASTER
BUILDER PROGRAMS
     455.800
Definitions for ORS 455.800 to 455.820. As used in ORS 455.800 to 455.820:
     (1) “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.
     (2) “Building trade committee” means a
group composed of experienced and knowledgeable local general contractors or
other persons having substantial expertise in various aspects of one and two
family dwelling construction under the Low-Rise Residential Dwelling Code.
     (3) “General contractor” has the meaning
given that term in ORS 701.005.
     (4) “Master builder” means a person
certified under ORS 455.810.
     (5) “Qualified construction company” means
a company that has been:
     (a) Continuously licensed by the
Construction Contractors Board during the preceding 60 months as a general
contractor; or
     (b) Continuously licensed by the
Construction Contractors Board during at least the preceding 24 months as a
general contractor and by one or more other states during the balance of the
preceding 60 months in an occupation equivalent to that of a general
contractor.
     (6) “Regular employee” means a person who:
     (a) Is continuously employed by, and on
the regular payroll of, a qualified construction company;
     (b) Has filed a withholding exemption
certificate pursuant to ORS 316.182 for work performed for the qualified
construction company; and
     (c) Is available during working hours to
supervise on-site dwelling construction, including but not limited to
supervising the installation of:
     (A) Drywall;
     (B) Electrical systems;
     (C) Footings;
     (D) Foundations;
     (E) Framing;
     (F) Insulation;
     (G) Mechanical systems;
     (H) Plumbing systems; and
     (I) Stairs.
     (7) “Whole dwelling remodel” means a
project that includes the installation in an existing dwelling of all of the
following:
     (a) Drywall;
     (b) Electrical systems;
     (c) Footings;
     (d) Foundations;
     (e) Framing;
     (f) Insulation;
     (g) Mechanical systems; and
     (h) Plumbing systems. [2001 c.406 §1; 2003
c.675 §38]
     Note: 455.800 to 455.820 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
455 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     455.805
Criteria for granting of master builder status. 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:
     (1) The individual must be an owner or
regular employee of a qualified construction company and be authorized by the
company to provide assurance to the department that all state and local code
requirements are met.
     (2) In each of the five preceding calendar
years, the individual must either have performed or supervised a dwelling
construction or whole dwelling remodel. In at least two of the years, the
construction or remodel must have occurred in a geographic area that had a
master builder program.
     (3) The individual must have completed a
program sponsored by a local building trade committee or other program approved
by the department, providing training relating to the construction of one and
two family dwellings under the Low-Rise Residential Dwelling Code. A program
must include but need not be limited to instruction in:
     (a) Administration;
     (b) Chimneys and fireplaces;
     (c) Decay and termite protections;
     (d) Energy conservation;
     (e) Footings and foundations;
     (f) Roof-ceiling construction;
     (g) Roof coverings;
     (h) Site inspections;
     (i) Wall construction, assemblies and
coverings; and
     (j) Wood and metal framing.
     (4) The individual must have scored at
least 75 percent on a written examination, approved and administered by the
department, covering the appropriate aspects of the Low-Rise Residential
Dwelling Code.
     (5)(a) The individual must not be the
subject of an adverse final order issued by the Construction Contractors Board
or Department of Consumer and Business Services based upon acts committed within
36 months preceding the application date that:
     (A) Violated a specialty code, licensing
or permit requirement; or
     (B) Resulted in a claim being filed with
the board or department against the individual.
     (b) For purposes of this subsection, if
the individual is an owner of a qualified construction company, an adverse
final order issued against the company is an adverse final order issued against
that individual. [2001 c.406 §2; 2003 c.675 §39]
     Note: See note under 455.800.
     455.810
Certificates; fees; discipline; rules. (1) 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.
     (2) Certification as a master builder is
valid for three years unless suspended or revoked. An individual may renew a
certificate that is in good standing by:
     (a) Providing evidence of continuing
education as required by department rule; and
     (b) Paying a renewal fee established by
the department by rule.
     (3) The department may deny, refuse to
renew, suspend or revoke certification as a master builder if the individual
fails or ceases to meet the criteria for certification set forth in ORS 455.805
or engages in actions resulting in a waiver revocation under ORS 455.820 (3).
The department must afford an individual an opportunity for a hearing pursuant
to ORS chapter 183 upon a denial or refusal to renew or prior to a suspension
or revocation of certification.
     (4) The department may adopt all rules
necessary and proper for administering ORS 455.800 to 455.820, including but
not limited to rules establishing application, examination, certification and
renewal fees. [2001 c.406 §3]
     Note: See note under 455.800.
     455.815
Establishment of master builder programs; waiver of inspections; builder verification
of performance. (1) 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.
     (2) The Department of Consumer and
Business Services may implement a master builder program in one or more
geographic areas for which the department provides plan review or inspection
services. A department decision to include an area as a participant in the program
affects only those areas, and those reviews or inspections, for which the
department provides services instead of a local government. The department
shall notify a county prior to implementing a master builder program in areas
of the county that are served by the department.
     (3) A local government may not allow an
individual to perform the duties of a master builder unless the local
government has a master builder program. The department may allow an individual
to perform the duties of a master builder in any geographic area administered
by the department.
     (4) A building official of a government
having a master builder program may waive plan review elements by that
government and may waive government performance of one or more of the required
inspections identified by department rule, including but not limited to
inspections described in subsection (6) of this section, if:
     (a) An individual certified as a master
builder submits construction plans for a one or two family dwelling regulated
by the Low-Rise Residential Dwelling Code; and
     (b) The building official determines that:
     (A) The work is not of a highly technical
nature; and
     (B) There is no unreasonable potential
risk to safety of the structure.
     (5) A building official may not waive
government performance of plan review or required inspections for:
     (a) Special design applications that are
complex and highly technical engineered systems; or
     (b) Unique building sites, including but
not limited to sites containing geologic hazards such as landslide hazard
areas, floodplains and wetlands.
     (6) Subject to subsections (3) to (5) of
this section, a building official may allow a master builder to verify that the
master builder has properly performed an installation on a project and, to the
extent that inspection would duplicate the verification conducted by the master
builder, may waive government performance of the following required
inspections:
     (a) Drywall;
     (b) Footings and setbacks;
     (c) Foundation walls, Ufer grounding rods
and rebar;
     (d) Insulation;
     (e) Masonry fireplace pre-cover;
     (f) Masonry rebar;
     (g) Gutters, downspouts and foundation
drains;
     (h) Roof sheathing nailing;
     (i) Suspended ceilings;
     (j) Underfloor structural; and
     (k) Wall sheathing nailing. [2001 c.406 §4;
2003 c.675 §40]
     Note: See note under 455.800.
     455.820
Plan review and verification; documentation; duties of building official;
effect of waiver revocation.
(1) 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.
     (2) When waiving government performance of
plan review or required inspections, a building official shall require the
master builder to sign a form that specifically identifies each waiver and
states that the master builder accepts the duty of performing the review and
verifications. A master builder who accepts the duty of performing a review or
verification remains responsible for that duty unless released by written and
signed permission of the building official. A building official may release a
master builder from a review or verification duty by a written and signed
assumption of the review or inspection duty by the building official or written
and signed assumption of the review and verification duty by another master
builder.
     (3) A building official for a government
that has a master builder program:
     (a) Must conduct inspections of at least
10 percent of projects that are built under a master builder program;
     (b) May revoke a waiver for a plan review
or required inspection if the master builder fails to properly perform, or
document performance of, review or verification duties; and
     (c) Must notify the Department of Consumer
and Business Services when the official revokes a waiver pursuant to paragraph
(b) of this subsection.
     (4) When revoking a waiver, a building
official shall provide the master builder with a release under subsection (2)
of this section from future performance of review or verification duties. A
release does not relieve a master builder from liability for the failure to
perform, or document performance of, review or verification duties prior to the
revocation of the waiver.
     (5) A government having a master builder
program has no legal duty with regard to plan review or required inspections
properly waived under ORS 455.815 and accepted by a master builder in a signed
form described under subsection (2) of this section. This subsection does not
release a government from a duty arising due to a waiver revocation under
subsection (3) of this section or an assumption under subsection (2) of this
section.
     (6) A local government may refuse to grant
recognition to a certified master builder if a waiver granted to the master
builder under that governmentÂ’s master builder program has been revoked
pursuant to subsection (3)(b) of this section. If a waiver is revoked pursuant
to subsection (3)(b) of this section, a local government or building official
may send a recommendation to the department for action against the master
builder who was granted the waiver. The local government or building official
may also send the department any information supporting the recommendation. [2001
c.406 §5]
     Note: See note under 455.800.
     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]
PENALTIES
     455.895
Civil penalties. (1)(a) 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.
     (b) 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.
     (c) The Board of Boiler Rules may impose a
civil penalty against a person as provided under ORS 480.670. Amounts recovered
under this paragraph are subject to ORS 480.670.
     (2) The Director of the Department of
Consumer and Business Services, in consultation with the appropriate board, if
any, may impose a civil penalty against any person who violates any provision
of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to
446.646, 446.666 to 446.746, 479.510 to 479.945, 479.950 and 480.510 to 480.670
and this chapter and ORS chapters 447, 460 and 693, or any rule adopted or
order issued for the administration and enforcement of those provisions. Except
as provided in subsections (3), (4) and (9) of this section or ORS 446.995, a
civil penalty imposed under this section must be in an amount determined by the
appropriate board or the director of not more than $5,000 for each offense or,
in the case of a continuing offense, not more than $1,000 for each day of the
offense.
     (3) Each violation of ORS 446.003 to
446.200 or 446.225 to 446.285, or any rule or order issued thereunder,
constitutes a separate violation with respect to each manufactured structure or
with respect to each failure or refusal to allow or perform an act required
thereby, except that the maximum civil penalty may not exceed $1 million for
any related series of violations occurring within one year from the date of the
first violation.
     (4) The director may impose a civil
penalty of not more than $25,000 against a public body responsible for
administering and enforcing a building inspection program. As used in this
subsection, “public body” has the meaning given that term in ORS 174.109.
     (5) The maximum penalty established by
this section for a violation may be imposed only upon a finding that the person
has engaged in a pattern of violations. The Department of Consumer and Business
Services, by rule, shall define what constitutes a pattern of violations.
Except as provided in subsections (1) and (10) of this section, moneys received
from any civil penalty under this section are appropriated continuously for and
shall be used by the director for enforcement and administration of provisions
and rules described in subsection (2) of this section.
     (6) Civil penalties under this section
shall be imposed as provided in ORS 183.745.
     (7) A civil penalty imposed under this
section may be remitted or reduced upon such terms and conditions as the
director or the appropriate board considers proper and consistent with the
public health and safety. In any judicial review of a civil penalty imposed
under this section, the court may, in its discretion, reduce the penalty.
     (8) Any officer, director, shareholder or
agent of a corporation, or member or agent of a partnership or association, who
personally participates in or is an accessory to any violation by the
partnership, association or corporation of a provision or rule described in
subsection (2) of this section is subject to the penalties prescribed in this
section.
     (9) In addition to the civil penalty set
forth in subsection (1) or (2) of this section, any person who violates a
provision or rule described in subsection (2) of this section may be required
by the director or the appropriate board to forfeit and pay to the General Fund
of the State Treasury a civil penalty in an amount determined by the director
or board that shall not exceed five times the amount by which such person
profited in any transaction that violates a provision or rule described in
subsection (2) of this section.
     (10) If a civil penalty is imposed for a
violation of a provision of ORS 446.566 to 446.646 and the violation relates to
a filing or failure to file with a county assessor functioning as agent of the
department, the department, after deducting an amount equal to the departmentÂ’s
procedural, collection and other related costs and expenses, shall forward
one-half of the remaining civil penalty amount to the county in which the
manufactured structure is located at the time of the violation. [1991 c.792 §4;
1991 c.734 §111; 1999 c.1045 §19; 2001 c.411 §21; 2003 c.14 §286; 2003 c.655 §76;
2007 c.549 §6; 2007 c.898 §1]
     Note: The amendments to 455.895 by section 1, chapter
898, Oregon Laws 2007, become operative July 1, 2008, and apply to civil
penalty moneys received on or after July 1, 2008. See sections 3 and 4, chapter
898, Oregon Laws 2007. The text that is operative until July 1, 2008, including
amendments by section 6, chapter 549, Oregon Laws 2007, is set forth for the
userÂ’s convenience.
     455.895. (1)(a) 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.
     (b) 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.
     (c) The Board of Boiler Rules may impose a
civil penalty against a person as provided under ORS 480.670. Amounts recovered
under this paragraph shall be deposited to the General Fund.
     (2) The Director of the Department of
Consumer and Business Services, in consultation with the appropriate board, if
any, may impose a civil penalty against any person who violates any provision
of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to
446.646, 446.666 to 446.746, 479.510 to 479.945, 479.950 and 480.510 to 480.670
and this chapter and ORS chapters 447, 460 and 693, or any rule adopted or
order issued for the administration and enforcement of those provisions. Except
as provided in subsections (3), (4) and (9) of this section or ORS 446.995, a
civil penalty imposed under this section must be in an amount determined by the
appropriate board or the director of not more than $5,000 for each offense or,
in the case of a continuing offense, not more than $1,000 for each day of the
offense.
     (3) Each violation of ORS 446.003 to
446.200 or 446.225 to 446.285, or any rule or order issued thereunder,
constitutes a separate violation with respect to each manufactured structure or
with respect to each failure or refusal to allow or perform an act required
thereby, except that the maximum civil penalty may not exceed $1 million for
any related series of violations occurring within one year from the date of the
first violation.
     (4) The director may impose a civil
penalty of not more than $25,000 against a public body responsible for
administering and enforcing a building inspection program. As used in this
subsection, “public body” has the meaning given that term in ORS 174.109.
     (5) The maximum penalty established by
this section for a violation may be imposed only upon a finding that the person
has engaged in a pattern of violations. The Department of Consumer and Business
Services, by rule, shall define what constitutes a pattern of violations.
Except as provided in subsections (1) and (10) of this section, moneys received
from any civil penalty under this section are appropriated continuously for and
shall be used by the director for enforcement and administration of provisions
and rules described in subsection (2) of this section.
     (6) Civil penalties under this section
shall be imposed as provided in ORS 183.745.
     (7) A civil penalty imposed under this
section may be remitted or reduced upon such terms and conditions as the
director or the appropriate board considers proper and consistent with the
public health and safety. In any judicial review of a civil penalty imposed
under this section, the court may, in its discretion, reduce the penalty.
     (8) Any officer, director, shareholder or
agent of a corporation, or member or agent of a partnership or association, who
personally participates in or is an accessory to any violation by the
partnership, association or corporation of a provision or rule described in
subsection (2) of this section is subject to the penalties prescribed in this
section.
     (9) In addition to the civil penalty set
forth in subsection (1) or (2) of this section, any person who violates a
provision or rule described in subsection (2) of this section may be required
by the director or the appropriate board to forfeit and pay to the General Fund
of the State Treasury a civil penalty in an amount determined by the director
or board that shall not exceed five times the amount by which such person
profited in any transaction that violates a provision or rule described in
subsection (2) of this section.
     (10) If a civil penalty is imposed for a violation
of a provision of ORS 446.566 to 446.646 and the violation relates to a filing
or failure to file with a county assessor functioning as agent of the
department, the department, after deducting an amount equal to the departmentÂ’s
procedural, collection and other related costs and expenses, shall forward
one-half of the remaining civil penalty amount to the county in which the
manufactured structure is located at the time of the violation.
     455.897
Criminal penalties.
Violation of ORS 455.455 or 455.459 is a Class A misdemeanor. [1999 c.1045 §9]
     455.990 [Formerly 456.885 (2); repealed by 1995
c.553 §16; 1995 c.675 §6]
_______________
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