Chapter 734 Oregon Laws 2005
AN ACT
HB 2525
Relating to construction; creating new provisions; amending ORS 455.035; and declaring an emergency.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. Section 2 of this 2005 Act is added to and made a part of ORS chapter 455.
SECTION
2. (1) For the purposes of this
section, “winery” means a facility used primarily for the commercial production
of wine or cider, including but not limited to areas used for production,
shipping and distribution, wholesale and retail sales, tasting, crushing,
fermenting, blending, aging, storage, bottling, administrative functions and
warehousing.
(2) In adopting any construction standards impacting a winery, the Department of Consumer and Business Services shall ensure the standards are applicable to all wineries producing wine, as defined in ORS 471.001, and cider, as defined in ORS 471.023.
SECTION 3. ORS 455.035 is amended to read:
455.035. (1) Any rule adopted under this chapter or ORS 447.010 to 447.156 and 447.992 or 479.510 to 479.945 and 479.995 shall not become effective on a date other than January 1, April 1, July 1 or October 1.
(2) Notwithstanding subsection (1) of this section, a rule adopting construction standards, materials, practices or provisions under the state building code may become effective on any date.
[(2)] (3) The provisions of subsection (1) of this section do not apply to temporary rules adopted under ORS 183.335 (5).
SECTION
4. (1) As used in this section
and section 5 of this 2005 Act:
(a)
“Developer” means a person who contracts to construct, or arrange for the
construction of, new residential housing on behalf of, or for the purpose of
selling the residential housing to, a specific individual the person knows is
the purchaser of the residential housing.
(b)
“Residential housing”:
(A)
Means a structure designed for use as a residence and containing dwelling units
for three or fewer families.
(B)
Means a structure that is a condominium as defined in ORS 100.005.
(C)
Does not mean a manufactured structure as defined in ORS 446.003.
(2)
A developer who enters into a contract to construct or arrange for the
construction of new residential housing may, at the time of providing a
purchaser with a written contract, also provide the purchaser with a list of
features that may make residential housing more accessible to a person with
disabilities. The list may include the features identified in the model list of
features adopted by the Construction Contractors Board by rule under section 5
of this 2005 Act.
(3)
The inclusion of a feature on the list supplied by the developer under
subsection (2) of this section does not obligate the developer to make the
feature available to a purchaser. The list supplied by the developer may
specify for each feature whether the feature is standard, optional, available
on a limited basis or unavailable from the developer. If a listed feature is
available from the developer as an option or on a limited basis, the list of
features may specify the stage of construction by which the purchaser must
submit to the developer any request that the residential housing be constructed
with that feature.
(4) This section, or the inclusion of a feature on the model list developed under section 5 of this 2005 Act, does not affect the requirement that installation of a feature comply with the state building code or be approved under ORS 455.060.
SECTION 5. The Construction Contractors Board shall adopt by rule a model list of features recommended for inclusion in a list of features that a developer supplies to a purchaser of residential housing under section 4 of this 2005 Act. In developing the model list of features, the board shall solicit the comments of advocacy groups and other organizations serving persons with disabilities.
SECTION 6. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.
Approved by the Governor August 17, 2005
Filed in the office of Secretary of State August 17, 2005
Effective date August 17, 2005
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