Chapter 702 Oregon Laws 2001

AN ACT

HB 2912

Relating to means of ensuring fire safety; amending ORS 455.610; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 455.610 is amended to read:

455.610. (1) The Director of the Department of Consumer and Business Services shall adopt, and amend as necessary, a One and Two Family Dwelling Code based upon nationally recognized codes as adopted in Oregon.

(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 Oregon;

(b) Necessary to be compatible with other statutory provisions;

(d) Necessary to authorize the use of building materials and techniques that are consistent with nationally recognized standards and building practices.

(3) The energy conservation provisions adopted in the One and Two Family Dwelling Code shall also be adopted in the State of Oregon Structural Specialty Code.

(4) The water conservation provisions for toilets, urinals, shower heads and interior faucets adopted in the One and Two Family Dwelling Code shall be the same as those adopted under ORS 447.020 to meet the requirements of ORS 447.145.

(5) The code shall be adopted and amended as provided by ORS 455.030 and 455.110.

(6) The Building Codes Structures Board is the only appropriate board to advise the director on the adoption of or amendments to the One and Two Family Dwelling Code adopted under this section. Amendments shall be reviewed by the other appropriate specialty boards.

(7) Amendments to the One and Two Family Dwelling Code shall be included in the other appropriate specialty codes.

(8) The director, by rule, shall establish uniform standards for a municipality to allow an alternate method of construction to the requirements for structures built to the One and Two Family 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.

(9) For lots of record existing before the effective date of this 2001 Act or property that receives any approval for partition, subdivision or construction under ORS 197.522 before the effective date of this 2001 Act, a municipality allowing an alternate method of construction to the requirements for structures built to the One and Two Family Dwelling Code may apply the uniform standards established by the director pursuant to subsection (8) of this section. For property that receives all approvals for partition, subdivision or construction under ORS 197.522 on or after the effective date of this 2001 Act, a municipality allowing an alternate method of construction to the requirements for structures built to the One and Two Family Dwelling Code must apply the uniform standards established by the director pursuant to subsection (8) of this section.

SECTION 2. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor July 2, 2001

Filed in the office of Secretary of State July 2, 2001

Effective date July 2, 2001

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