72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1938
 
                           A-Engrossed
 
                         House Bill 3063
                  Ordered by the House April 8
            Including House Amendments dated April 8
 
Sponsored by Representative KRUMMEL (at the request of Gina
  Reudiger)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Exempts equine facilities from state structural code. Exempts
equine facilities from engineering definition of significant
structure.
 
                        A BILL FOR AN ACT
Relating to equine facilities; amending ORS 455.315 and 672.129.
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.
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