US Laws, Codes, Statutes & Cases

Chapter 455 — Building Code

 

2007 EDITION

 

BUILDING CODE

 

PUBLIC HEALTH AND SAFETY

 

ADMINISTRATION

 

(Generally)

 

455.010     Definitions for ORS chapter 455

 

455.020     Purpose; scope of application; exceptions; scope of rules; fees by rule

 

455.022     Appropriation of program fees established by department rule

 

455.030     Rulemaking; notice; content; code distribution; amendment process

 

455.035     Effective date of rules

 

455.040     State building code preempts local ordinances and rules; exemptions; criteria

 

455.042     State building code administrative regions

 

455.044     Tri-County Building Industry Service Center; fees

 

455.046     Installation labels; standardized forms and procedures; use of Tri-County Building Industry Service Center resources

 

455.048     Rules

 

455.050     Building permits; content

 

455.055     Uniform permit, inspection and certificate of occupancy requirements; rules

 

455.060     Rulings on acceptability of material, design or method of construction; effect of approval; fees

 

455.065     Alternative regulatory options for emerging technologies; rules

 

455.068     Applicability of construction standards to winery

 

455.070     Report of suspected code violation; rules; form; appeal

 

455.080     Inspector may require proof of compliance

 

455.085     Publication; readability; funding

 

455.090     Building codes information and services system or network

 

455.095     Electronic access to building codes information and services

 

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

 

(Director; Boards)

 

455.100     Duties of director

 

455.110     Other duties of director; rules

 

455.112     Elimination of unclear, duplicative, conflicting or inadequate provisions; rules

 

455.117     Adoption of rules governing licensing, certification or registration

 

455.122     Combinations of licenses; rules

 

455.125     Denial, suspension, conditioning or revocation of license, certificate, registration or other authorization

 

455.127     Disqualification from obtaining license, registration, certificate or certification

 

455.129     Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application

 

455.132     Building Codes Structures Board; duties; membership

 

455.135     Residential Structures Board; duties; membership

 

455.138     Electrical and Elevator Board; duties; membership

 

455.140     Mechanical Board; duties; membership

 

455.144     Terms; compensation; officers; quorum; meetings; rules; removal of members; confirmation

 

(Municipal Regulation)

 

455.148     Comprehensive municipal building inspection programs; building officials; rules; program duration, plan, failure, abandonment and resumption

 

455.150     Selective municipal building inspection programs; building officials; rules; program duration, plan, failure and abandonment; limitation on program resumption

 

455.152     Objections to municipal assumption of building inspection program

 

455.153     Municipal authority to administer specialty code or building requirements; effect on jurisdiction of agencies

 

455.154     Alternative permit and inspection program

 

455.155     Statewide permit and inspection system for minor construction work

 

455.156     Municipal investigation and enforcement of certain violations; notice of civil penalty; department to develop programs; defense for violation of building inspection program

 

455.158     Verification of required license prior to issuance of permit

 

455.160     Failure to provide timely inspections or plan reviews prohibited; demand; mandamus

 

455.165     Standards for building codes information collected and maintained by municipalities; rules

 

455.170     Director may delegate certain duties; fees

 

455.180     Duty of city, county to issue building permit; restriction

 

(Financial Administration)

 

455.210     Fees; appeal of fees; surcharge; reduced fees; rules

 

455.220     Surcharge on building permit fees; collection; deposit; use

 

455.230     Use of Consumer and Business Services Fund moneys

 

455.240     Revenues from sales of building codes publications; use

 

(Exemptions Generally)

 

455.310     Single-family residence repair and maintenance exempt from codes; exemption itemized

 

455.312     Exemption from code of residential prefabricated structures for out-of-state delivery

 

455.315     Exemption of agricultural buildings, agricultural grading and equine facilities

 

455.320     Owner-built dwellings exempt from certain structural code provisions; recording of exemption

 

(Exemptions in Rural Areas)

 

455.325     Definitions for ORS 455.325 to 455.350

 

455.330     Counties authorized to exempt owner-built dwellings in rural areas from structural code

 

455.335     Rural areas to be mapped; building permit issuance for exempt dwellings limited

 

455.340     Code requirements to which exemption may not apply

 

455.345     Permit, fee, plan check and inspection provisions apply; notice of noncompliance to owner-builder; recording of notice; notice to purchasers

 

455.350     Purchaser’s remedies

 

(Mercury Thermostats)

 

455.355     Rules governing mercury thermostats

 

(Farmworker Housing)

 

455.380     Department as final authority on farmworker housing; rules; fees

 

(Seismic Rehabilitation)

 

455.390     Definitions for ORS 455.020, 455.390, 455.395 and 455.400

 

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

 

455.400     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)

 

455.410     Relocated buildings; substantial compliance required; permits

 

455.412     Review of state building code provisions regarding certain smoke alarms and smoke detectors; rules

 

455.415     Identification badges

 

455.420     Individual electric meters required in multifamily residential buildings; exceptions; standards

 

455.422     New construction; recycling containers

 

455.425     Low-income elderly housing multiservice rooms required; standards; exceptions

 

455.430     Reciprocity for prefabricated structures

 

455.440     When site soil analysis required; filing of report and notice; duty of transferor of property; effect of failure to comply

 

455.445     Indoor air quality standards for public areas and office workplaces

 

455.446     Construction of certain facilities and structures in tsunami inundation zone prohibited; establishment of zone; rules; exceptions

 

455.447     Regulation of certain structures vulnerable to earthquakes and tsunamis; rules

 

455.448     Entry and inspection of earthquake-damaged structures; warrant enforcement

 

455.449     Unsafe condition resulting from earthquake damage; abatement of nuisance; rules

 

(Prohibited Acts)

 

455.450     Prohibited acts

 

(Specialty Code Inspection and Building Plan Review)

 

455.455     Building inspection and plan review; license required; exception

 

455.457     Licensing specialty code inspectors and plan reviewers; rules; contents

 

455.459     Specialty code inspection and plan review; conflict of interest

 

455.461     Specialty code inspectors and plan reviewers; quality control; rules

 

455.463     Specialty code inspection and plan review; department enforcement authority; investigation

 

455.465     Department and municipalities to designate persons licensed to conduct specialty code inspection and plan review; fees; exception

 

455.466     Rapid approval assessment for essential projects

 

455.467     Timelines for approval or disapproval of certain specialty code building plans; exceptions; phased permit systems; failure to adhere to timelines

 

455.468     Electronic submission of application materials

 

455.469     Municipal building inspection program to include certain policies and ordinances

 

455.471     Specialty code inspection and plan review fee authority; disposition of certain fee amounts

 

455.473     Disposition of certain fees received by department

 

455.475     Appeal of decision of building official

 

455.477     Requirement for suit filed by licensed specialty code inspector or plan reviewer

 

455.479     Application to specialty inspections identified by department

 

455.481     Application to inspection and plan review for prefabricated structures

 

455.483     Electrical and plumbing code plan review; rules

 

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

 

455.530     Authority to receive money and to contract

 

(Energy Conservation Standards for Public Buildings)

 

455.560     Definitions for ORS 455.560 to 455.580

 

455.565     Purpose of ORS 455.560 to 455.580

 

455.570     Maximum lighting standards for new public buildings; exemptions

 

455.575     Advisory lighting standards for public buildings constructed before July 1, 1978

 

455.580     Status of powers of director

 

455.595     Energy Efficient Construction Account

 

LOW-RISE RESIDENTIAL DWELLING CODE

 

455.610     Low-Rise Residential Dwelling Code; adoption; changes; compatibility of other codes; alternative methods of construction; rules

 

455.622     Certification of inspectors; rules

 

455.625     Rules for permits; schedule of inspections

 

455.626     Rules for accommodating technology

 

455.627     Minor electrical installation inspection program; rules

 

455.628     Plan review exemption

 

455.630     Enforcement

 

PUBLIC ASSEMBLY STRUCTURES

 

455.640     Definitions for ORS 455.640 to 455.645

 

455.642     Application

 

455.645     Certain plans for structures of public assembly to be certified

 

MUNICIPAL REVIEW AND INSPECTION

 

(Generally)

 

455.675     Authorized substitutions in codes adopted by reference

 

455.680     Plan approval and permits for recreation or picnic park or camp; license; rules

 

455.685     Review of plans and specifications to determine compliance; effect of approval; fees

 

455.690     Appeal to advisory boards

 

455.700     Validity of certain building permits

 

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

 

(Inspectors)

 

455.715     Definitions for ORS 455.715 to 455.740

 

455.720     Standards and qualifications for personnel; rules

 

455.725     Certification of personnel training programs

 

455.730     Certification of personnel required

 

455.735     Application for certification; fee; issuance of certificate

 

455.737     Experience and training outside Oregon; examination; rulemaking

 

455.740     Revocation of certification

 

(Remedial Authority of Director)

 

455.770     Investigative authority of director over municipalities; corrective action; limitation

 

455.775     Investigative authority of director; corrective action

 

MASTER BUILDER PROGRAMS

 

455.800     Definitions for ORS 455.800 to 455.820

 

455.805     Criteria for granting of master builder status

 

455.810     Certificates; fees; discipline; rules

 

455.815     Establishment of master builder programs; waiver of inspections; builder verification of performance

 

455.820     Plan review and verification; documentation; duties of building official; effect of waiver revocation

 

PENALTIES

 

455.895     Civil penalties

 

455.897     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 Workers’ 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 director’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 Tri-County Building Industry Service Center; fees. (1) The Department of Consumer and Business Services may establish and staff a Tri-County Building Industry Service Center to make available to licensed contractors and their employees, local governments and the public the resources and services described in ORS 455.042 and 455.046.

      (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 Washington Counties. A municipality shall collect fees adopted and imposed under this section and remit the fees to the department. [Formerly 455.842]

 

      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 Tri-County Building Industry Service Center resources. (1) The Department of Consumer and Business Services shall:

      (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;