Chapter 367 Oregon Laws 2003

AN ACT

SB 711

Relating to building codes.

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

SECTION 1. Sections 2, 4 and 5 of this 2003 Act are added to and made a part of ORS chapter 455.

SECTION 2. 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.

SECTION 3. The Director of the Department of Consumer and Business Services shall report to the Seventy-third Legislative Assembly on or before January 30, 2005, regarding the rules, if any, adopted pursuant to section 2 of this 2003 Act.

SECTION 4. (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 672.092 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 a one and two family dwelling plans examiner.

(2) The department or municipality is exempt from liability for any damages arising from the nonperformance of a plan review pursuant to this section.

SECTION 5. (1) The Department of Consumer and Business Services, with the approval of the appropriate advisory boards, shall adopt rules applicable in all jurisdictions in the state to make electrical and plumbing code plan review mandatory only for complex structures.

(2) Notwithstanding any rules adopted pursuant to subsection (1) of this section, an owner of a complex structure or the owner’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.

Approved by the Governor June 13, 2003

Filed in the office of Secretary of State June 13, 2003

Effective date January 1, 2004

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