Chapter 288 Oregon Laws 2005

AN ACT

HB 3304

Relating to state building code; amending ORS 455.154, 455.315 and 455.483.

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

SECTION 1. ORS 455.154 is amended to read:

455.154. (1) Notwithstanding ORS 447.076, 455.627, 479.560 and 479.565, the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, may establish special alternative permit and inspection programs for any installations or equipment regulated under the state building code. The alternative programs may include, but need not be limited to:

(a) Programs for work, other than life-safety work, performed in commercial, manufacturing, industrial and institutional facilities; and

(b) Inspection programs for in-plant construction.

(2) Every municipality that administers and enforces a building program under ORS 455.148 or 455.150 shall administer and enforce within the municipality [the] any special alternative permit and inspection program [adopted under this section.] that the department makes applicable to that municipality.

(3) A municipality may apply to the department for approval of municipal application forms, procedures and criteria for plan review, permits and inspections and methodologies for determining fee amounts, for use by the municipality in carrying out an applicable special alternative permit and inspection program.

(4) If the department determines that an optional special alternative permit and inspection program affects only some of the jurisdictions that are subject to ORS 455.844, the requirements of ORS 455.844 are applicable only to standard permit and inspection programs and not to the optional program.

SECTION 2. ORS 455.483 is amended to read:

455.483. (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 located in jurisdictions that offer plan review services.

(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.

SECTION 3. 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, agricultural grading 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 the farm for:

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

(B) The raising, harvesting and selling of crops;

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

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

(b) “Agricultural building” does not [include] mean:

(A) A dwelling;

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

(D) A structure used by the public; or

(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) “Agricultural grading” means grading related to a farming practice as defined in ORS 30.930.

[(c)] (d) “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)] (e) “Equine facility” does not [include] mean:

(A) A dwelling;

(B) A structure in which more than 10 persons are present at any one time;

(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.

Approved by the Governor June 20, 2005

Filed in the office of Secretary of State June 21, 2005

Effective date January 1, 2006

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