Chapter 74 Oregon Laws 2003

AN ACT

HB 3063

Relating to equine facilities; amending ORS 455.315 and 672.129; and declaring an emergency.

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

SECTION 1. ORS 455.315 is amended to read:

455.315. (1) Nothing in this chapter is intended to authorize the application of a state structural specialty code to any agricultural building 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 [such] the farm for:

(A) Storage, maintenance or repair of farm machinery and equipment; [or for]

(B) The raising, harvesting and selling of crops; [or in]

(C) The feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees;[or for]

(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 [such] the farm for human use and animal use and disposal by marketing or otherwise.

(b) “Agricultural building” does not include:

[(a)] (A) A dwelling;

[(b)] (B) A structure used for a purpose other than growing plants in which 10 or more persons are present at any one time;

[(c)] (C) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476;

[(d)] (D) A structure used by the public; or

[(e)] (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) “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.

(d) “Equine facility” does not include:

(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.

SECTION 2. ORS 672.129 is amended to read:

672.129. (1) For purposes of this section:

(a) “Significant structure” means:

(A) Hazardous facilities and special occupancy structures, as defined in ORS 455.447;

(B) Essential facilities, as defined in ORS 455.447, that have a ground area of more than 4,000 square feet and are more than 20 feet in height;

(C) Structures that the Director of the Department of Consumer and Business Services determines to have irregular features; and

(D) Buildings that are customarily occupied by human beings and are more than four stories or 45 feet above average ground level.

(b) “Significant structure” does not include:

(A) One-family and two-family dwellings and accompanying accessory structures;

(B) Agricultural buildings or equine facilities, both as defined in ORS 455.315;

(C) Buildings located on lands exempt from Department of Consumer and Business Services enforcement of building code regulations; or

(D) Essential facilities, as defined in ORS 455.447, that have a ground area of not more than 4,000 square feet and are not more than 20 feet in height.

(2) Consistent with ORS 672.255, the State Board of Examiners for Engineering and Land Surveying shall adopt rules establishing standards of competence in structural engineering analysis and design relating to seismic influence.

(3) An engineer must be registered with the board as a professional structural engineer under subsection (2) of this section to provide structural engineering services for significant structures.

(4) The board may certify an engineer as a structural engineer without examination if:

(a) On October 23, 1999, the engineer is registered with the board as a professional engineer; and

(b) Within one year of October 23, 1999, the engineer demonstrates to the satisfaction of the board that the engineer has sufficient experience in the duties typically provided by a professional structural engineer regarding significant structures.

SECTION 3. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor May 16, 2003

Filed in the office of Secretary of State May 16, 2003

Effective date May 16, 2003

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