Chapter 455 — Building Code

2011 EDITION

BUILDING CODE

PUBLIC HEALTH AND SAFETY

ADMINISTRATION

(Generally)

455.010 Definitions for ORS chapter 455

455.020 Purpose; scope of application; exceptions; scope of rules; fees by rule

455.022 Appropriation of program fees established by department rule

455.030 Rulemaking; notice; content; code distribution; amendment process

455.035 Effective date of rules

455.040 State building code preempts local ordinances and rules; exemptions; criteria

455.042 State building code administrative regions

455.044 Tri-County Building Industry Service Center; fees

455.046 Installation labels; standardized forms and procedures; use of Tri-County Building Industry Service Center resources

455.048 Rules

455.050 Building permits; content

455.055 Uniform permit, inspection and certificate of occupancy requirements; rules

455.060 Rulings on acceptability of material, design or method of construction; effect of approval; fees

455.065 Alternative regulatory options for emerging technologies; rules

455.068 Applicability of construction standards to winery

455.070 Report of suspected code violation; rules; form; appeal

455.080 Inspector may require proof of compliance

455.085 Publication; readability; funding

455.090 Building codes information and services system or network

455.095 Electronic access to building codes information and services

455.097 Electronic access system development and implementation; uniform form and format for electronic exchange of building program information; waiver of contrary form and format requirements; rules

(Director)

455.100 Duties of director

455.110 Other duties of director; rules

455.112 Elimination of unclear, duplicative, conflicting or inadequate provisions; rules

(Licenses and Other Authorizations)

455.117 Adoption of rules governing licensing, certification or registration

455.122 Combinations of licenses; rules

455.125 Denial, suspension, conditioning or revocation of license, certificate, registration or other authorization

455.127 Disqualification from obtaining license, registration, certificate or certification

455.129 Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application

(Particular Boards)

455.132 Building Codes Structures Board; duties; membership

455.135 Residential and Manufactured Structures Board; duties; membership

455.138 Electrical and Elevator Board; duties; membership

455.140 Mechanical Board; duties; membership

455.144 Terms; compensation; positions; quorum; rules; removal of members; confirmation

(Municipal Regulation)

455.148 Comprehensive municipal building inspection programs; building officials; rules; program duration, plan, failure, abandonment and resumption

455.150 Selective municipal building inspection programs; building officials; rules; program duration, plan, failure and abandonment; limitation on program resumption

455.152 Objections to municipal assumption of building inspection program

455.153 Municipal authority to administer specialty code or building requirements; effect on jurisdiction of agencies

455.154 Alternative permit and inspection program

455.155 Statewide permit and inspection system for minor construction work

455.156 Municipal investigation and enforcement of certain violations; notice of civil penalty; department to develop programs; defense for violation of building inspection program

455.157 Process for municipal imposition of monetary penalties

455.158 Verification of required license prior to issuance of permit

455.160 Failure to provide timely inspections or plan reviews prohibited; demand; mandamus

455.165 Standards for building codes information collected and maintained by municipalities; rules

455.170 Director may delegate certain duties; fees

455.180 Duty of city, county to issue building permit; restriction

(Financial Administration)

455.210 Fees; appeal of fees; surcharge; reduced fees; rules

455.220 Surcharge on building permit fees; collection; deposit; use

455.230 Use of Consumer and Business Services Fund moneys

455.240 Revenues from sales of building codes publications; use

(Exemptions Generally)

455.310 Single-family residence repair and maintenance exempt from codes; exemption itemized

455.312 Exemption from code of residential prefabricated structures for out-of-state delivery

455.315 Exemption of agricultural buildings, agricultural grading and equine facilities

455.320 Owner-built dwellings exempt from certain structural code provisions; recording of exemption

(Exemptions in Rural Areas)

455.325 Definitions for ORS 455.325 to 455.350

455.330 Counties authorized to exempt owner-built dwellings in rural areas from structural code

455.335 Rural areas to be mapped; building permit issuance for exempt dwellings limited

455.340 Code requirements to which exemption may not apply

455.345 Permit, fee, plan check and inspection provisions apply; notice of noncompliance to owner-builder; recording of notice; notice to purchasers

455.350 Purchaser’s remedies

(Mercury Thermostats)

455.355 Rules governing mercury thermostats

(Carbon Monoxide)

455.360 Carbon monoxide alarms

(Radon)

455.365 Radon mitigation standards

(Farmworker Housing)

455.380 Department as final authority on farmworker housing; rules; fees

(Seismic Rehabilitation)

455.390 Definitions for ORS 455.020, 455.390, 455.395 and 455.400

455.395 Admissibility of data or agreements as evidence; immunity from certain causes of action

455.400 Effect of seismic rehabilitation provisions on exclusive remedy

(Temporary provisions relating to seismic rehabilitation of educational buildings, acute inpatient

care facilities, fire stations and police stations are compiled as notes following ORS 455.400)

(Miscellaneous Provisions)

455.410 Relocated buildings; substantial compliance required; permits

455.412 Review of state building code provisions regarding certain smoke alarms and smoke detectors; rules

455.415 Identification badges

455.420 Individual electric meters required in multifamily residential buildings; exceptions; standards

455.422 New construction; recycling containers

455.425 Low-income elderly housing multiservice rooms required; standards; exceptions

455.430 Reciprocity for prefabricated structures

455.440 When site soil analysis required; filing of report and notice; duty of transferor of property; effect of failure to comply

455.445 Indoor air quality standards for public areas and office workplaces

455.446 Construction of certain facilities and structures in tsunami inundation zone prohibited; establishment of zone; rules; exceptions

455.447 Regulation of certain structures vulnerable to earthquakes and tsunamis; rules

455.448 Entry and inspection of earthquake-damaged structures; warrant enforcement

455.449 Unsafe condition resulting from earthquake damage; abatement of nuisance; rules

(Prohibited Acts)

455.450 Prohibited acts

(Specialty Code Inspection and Building Plan Review)

455.455 Building inspection and plan review; license required; exception

455.457 Licensing specialty code inspectors and plan reviewers; rules; contents

455.459 Specialty code inspection and plan review; conflict of interest

455.461 Specialty code inspectors and plan reviewers; quality control; rules

455.463 Specialty code inspection and plan review; department enforcement authority; investigation

455.465 Department and municipalities to designate persons licensed to conduct specialty code inspection and plan review; fees; exception

455.466 Rapid approval assessment for essential projects

455.467 Timelines for approval or disapproval of certain specialty code building plans; exceptions; phased permit systems; failure to adhere to timelines

455.468 Electronic submission of application materials

455.469 Municipal building inspection program to include certain policies and ordinances

455.471 Specialty code inspection and plan review fee authority; disposition of certain fee amounts

455.473 Disposition of certain fees received by department

455.475 Appeal of decision of building official

455.477 Requirement for suit filed by licensed specialty code inspector or plan reviewer

455.479 Application to specialty inspections identified by department

455.481 Application to inspection and plan review for prefabricated structures

455.483 Electrical and plumbing code plan review; rules

ENERGY CONSERVATION

(Generally)

455.490 Legislative findings

455.492 Construction Industry Energy Board

455.496 Standards relating to energy use and energy efficiency aspects of specialty codes; rules; enforceability

455.500 Reach Code; applicability; amendment

455.505 Uniform energy conservation standards; rules

455.511 State Building Code energy efficiency goals and standards

455.525 Rules for energy conservation and passive solar energy in structures; inclusion in building code; application of testing requirements to fenestration products; review of regulations

455.530 Authority to receive money and to contract

(Energy Conservation Standards for Public Buildings)

455.560 Definitions for ORS 455.560 to 455.580

455.565 Purpose of ORS 455.560 to 455.580

455.570 Maximum lighting standards for new public buildings; exemptions

455.573 Outdoor shielded lighting fixtures; waiver by municipality

455.575 Advisory lighting standards for public buildings constructed before July 1, 1978

455.580 Status of powers of director

455.595 Energy Efficient Construction Account

LOW-RISE RESIDENTIAL DWELLING CODE

455.610 Low-Rise Residential Dwelling Code; adoption; changes; compatibility of other codes; alternative methods of construction; rules

455.622 Certification of inspectors; rules

455.625 Rules for permits; schedule of inspections

455.626 Rules for accommodating technology

455.627 Minor electrical installation inspection program; rules

455.628 Plan review exemption

455.630 Enforcement

PUBLIC ASSEMBLY STRUCTURES

455.640 Definitions for ORS 455.640 to 455.645

455.642 Application

455.645 Certain plans for structures of public assembly to be certified

MUNICIPAL REVIEW AND INSPECTION

(Generally)

455.675 Authorized substitutions in codes adopted by reference

455.680 Plan approval and permits for recreation or picnic park or camp; license; rules

455.685 Review of plans and specifications to determine compliance; effect of approval; fees

455.690 Appeal to advisory boards

455.700 Validity of certain building permits

455.705 Prefabricated structures plan approval and inspections; approval of business or persons performing inspections; rules; fees; manufacturer compliance program; insignia of compliance or certification stamp required for certain transactions

(Inspectors)

455.715 Definitions for ORS 455.715 to 455.740

455.720 Standards and qualifications for personnel; rules

Note Specialized building inspectors--2009 c.593 §§1,2,3

455.725 Certification of personnel training programs

455.730 Certification of personnel required

455.735 Issuance and renewal of certificates; fees; rules

455.737 Experience and training outside Oregon; examination; rulemaking

455.740 Denial of certificate; disciplinary action against certificate holder; rules

(Remedial Authority of Director)

455.770 Investigative authority of director over municipalities; corrective action; limitation

455.775 Investigative authority of director; corrective action

MASTER BUILDER PROGRAMS

455.800 Definitions for ORS 455.800 to 455.820

455.805 Criteria for granting of master builder status

455.810 Certificates; fees; discipline; rules

455.815 Establishment of master builder programs; waiver of inspections; builder verification of performance

455.820 Plan review and verification; documentation; duties of building official; effect of waiver revocation

PENALTIES

455.895 Civil penalties

455.897 Criminal penalties

ADMINISTRATION

(Generally)

455.010 Definitions for ORS chapter 455. As used in this chapter, unless the context requires otherwise:

(1)(a) “Advisory board” means the board with responsibility for assisting in the adoption, amendment or administration of a specialty code, specifically:

(A) The Building Codes Structures Board established under ORS 455.132;

(B) The Electrical and Elevator Board established under ORS 455.138;

(D) The Board of Boiler Rules established under ORS 480.535;

(E) The Residential and Manufactured Structures Board established under ORS 455.135;

(F) The Mechanical Board established under ORS 455.140; or

(G) The Construction Industry Energy Board established under ORS 455.492.

(b) “Appropriate advisory board” means the advisory board that has jurisdiction over a particular code, standard, license, certification or matter.

(2) “Department” means the Department of Consumer and Business Services.

(3) “Director” means the Director of the Department of Consumer and Business Services.

(4) “Low-Rise Residential Dwelling Code” means the adopted specialty code prescribing standards for the construction of residential dwellings that are three stories or less above grade and have an exterior door for each dwelling unit, but are not facilities or homes described in ORS 443.400 or transient lodging.

(5) “Municipality” means a city, county or other unit of local government otherwise authorized by law to administer a building code.

(6) “Prefabricated structure” means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site. “Prefabricated structure” does not include a manufactured dwelling, recreational structure or recreational vehicle, as those terms are defined in ORS 446.003.

(7) “Specialty code” means a code of regulations adopted under ORS 446.062, 446.185, 447.020 (2), 455.020 (2), 455.496, 455.610, 455.680, 460.085, 460.360, 479.730 (1) or 480.545, but does not include regulations adopted by the State Fire Marshal pursuant to ORS chapter 476 or ORS 479.015 to 479.200 and 479.210 to 479.220.

(8) “State building code” means the combined specialty codes.

(9) “Structural code” means the specialty code prescribing structural standards for building construction.

(10) “Unsafe condition” means a condition caused by earthquake which is determined by the department or any representative of the department to be dangerous to life and property. “Unsafe condition” includes but is not limited to:

(a) Any portion, member or appurtenance of a building that has become detached or dislodged or appears likely to fail or collapse and thereby injure persons or damage property; or

(b) Any portion, of a building or structure that has been damaged by earthquake, or by fire or explosion resulting from an earthquake, to the extent that the structural strength or stability of the building is substantially less than it was prior to the earthquake. [Formerly 456.750; 1991 c.227 §1; 1991 c.310 §1; 1993 c.18 §112; 1993 c.744 §85; 1997 c.259 §3; 1999 c.484 §1; 1999 c.1045 §12; 2003 c.655 §75; 2003 c.675 §§10,11; 2009 c.567 §§4,13]

455.020 Purpose; scope of application; exceptions; scope of rules; fees by rule. (1) This chapter is enacted to enable the Director of the Department of Consumer and Business Services to promulgate a state building code to govern the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein, and to require the correction of unsafe conditions caused by earthquakes in existing buildings. The state building code shall establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort and security of the residents of this state who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation.

(2) The rules adopted pursuant to this chapter shall include structural standards; standards for the installation and use of mechanical, heating and ventilating devices and equipment; and standards for prefabricated structures; and shall, subject to ORS 455.210, prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review services by the Department of Consumer and Business Services. The department may also establish, by rule, the amount of any fee pertaining to the state building code or any specialty code that is authorized by statute, but for which an amount is not specified by statute.

(3) This chapter does not affect the statutory jurisdiction and authority of the Workers’ Compensation Board, under ORS chapter 654, to promulgate occupational safety and health standards relating to places of employment, and to administer and enforce all state laws, regulations, rules, standards and lawful orders requiring places of employment to be safe and healthful.

(4) This chapter and any specialty code does not limit the authority of a municipality to enact regulations providing for local administration of the state building code; local appeal boards; fees and other charges; abatement of nuisances and dangerous buildings; enforcement through penalties, stop-work orders or other means; or minimum health, sanitation and safety standards for governing the use of structures for housing, except where the power of municipalities to enact any such regulations is expressly withheld or otherwise provided for by statute. Pursuant to the regulation of dangerous buildings, a municipality may adopt seismic rehabilitation plans that provide for phased completion of repairs that are designed to provide improved life safety but that may be less than the standards for new buildings. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304 §1; 1995 c.400 §5; 1999 c.1045 §13; 1999 c.1082 §11; 2001 c.710 §8]

455.022 Appropriation of program fees established by department rule. All moneys deposited to the Consumer and Business Services Fund that are derived pursuant to ORS 455.240 or 460.370, or from state building code or specialty code program fees for which the amounts are established by Department of Consumer and Business Services rule pursuant to ORS 455.020 (2), are continuously appropriated to the department for carrying out any of the duties, functions and powers of the department under ORS 455.240 or 460.310 to 460.370 or under a program for which a fee amount is established by department rule pursuant to ORS 455.020 (2), without regard to the source of the moneys. [2001 c.710 §2]

Note: 455.022 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

455.030 Rulemaking; notice; content; code distribution; amendment process. (1) Subject to any requirement for approval by the appropriate advisory boards, the Director of the Department of Consumer and Business Services may adopt, amend or repeal rules for carrying out the responsibilities of the Department of Consumer and Business Services to develop, implement, administer and enforce a program that relates to the state building code or a specialty code. Except as otherwise provided by this section, the director shall be subject to ORS chapter 183 in the adoption, amendment or repeal of regulations authorized by, and in the issuance of orders in contested cases arising under, this chapter.

(2)(a) In addition to the notice requirements of ORS 183.335, notice of a public hearing on adoption, amendment or repeal of a specialty code shall be given to the governing bodies of all municipalities and the notice shall state that copies of the proposed action may be obtained from the department.

(b) The notice of proposed rule change shall include a finding by the advisory board that the added cost, if any, is necessary to the health and safety of the occupants or the public or necessary to conserve scarce resources.

(c) The director shall maintain a roster of individuals who wish to be notified of any changes to or interpretations of the Low-Rise Residential Dwelling Code. Subscribers to the list may be charged a reasonable amount necessary to defray the cost of maintaining the list and advising the subscribers of changes in the code.

(3) The director is not required to publish or distribute those parts of a specialty code of regulations adopted by reference. However, the director shall publish with a specialty code and annually thereafter a list of places where copies of those parts of the specialty code adopted by reference may be obtained together with the approximate cost thereof. The director shall file one copy of the rule with the Secretary of State. All standards referred to in any specialty code or any of the modifications thereto need not be so filed. All standards and specialty codes referred to in the specialty code shall be kept on file and available for inspection in the offices of the department.

(4) Any interested person may propose amendments to the state building code, which proposed amendments may be either applicable to all municipalities or, where it is alleged and established that conditions exist within a municipality or some municipalities that are not generally found within other municipalities, amendments may be restricted in application to such municipalities. Amendments proposed to the state building code under this subsection shall be in conformity with the policy and purpose prescribed by ORS 455.020. The justification and the particular circumstances requiring the proposed amendments shall be fully stated in the proposal. The director shall submit all proposed amendments to the appropriate advisory board. The board shall review and report its recommendations to the director on the amendments within 180 days after the date of submission by the director.

(5) The director, with the approval of the advisory board, may adopt or modify and adopt any amendments proposed to the director under subsection (4) of this section. The director shall, within 30 days after the date of receipt of the recommendations of the advisory board, notify the person proposing the amendments of the adoption, modification and adoption or denial of the proposed amendments. Upon adoption, a copy of each amendment shall be distributed to the governing bodies of all municipalities affected thereby.

(6) The director shall from time to time make or cause to be made investigations, or may accept authenticated reports from authoritative sources, concerning new materials or modes of construction intended for use in the construction of buildings or structures, or intended for use in other activity regulated by the state building code, and shall, where necessary, propose amendments to the code setting forth the conditions under which the materials or modes may be used, in accordance with the standards and procedures of this chapter. [Formerly 456.785; 1991 c.94 §2; 1993 c.744 §86; 1997 c.227 §1; 2003 c.368 §3; 2003 c.675 §12]

455.035 Effective date of rules. (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.

(3) The provisions of subsection (1) of this section do not apply to temporary rules adopted under ORS 183.335 (5). [1995 c.553 §11; 1999 c.116 §1; 2005 c.734 §3]

Note: 455.035 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.040 State building code preempts local ordinances and rules; exemptions; criteria. (1) The state building code shall be applicable and uniform throughout this state and in all municipalities, and no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed by the state building code but which provides different requirements unless authorized by the Director of the Department of Consumer and Business Services. The director’s authorization shall not be considered an amendment to the state building code under ORS 455.030. The director shall encourage experimentation, innovation and cost effectiveness by municipalities in the adoption of ordinances, rules or regulations which conflict with the state building code.

(2) Subsection (1) of this section is operative:

(a) With regard to the state structural code, July 1, 1974.

(b) With regard to the state mechanical, heating and ventilating code, on the effective date of such code as determined under ORS 183.355.

(c) With regard to each specialty code not named by paragraphs (a) and (b) of this subsection, on the effective date, as determined under ORS 183.355, of the first amendments to such code adopted pursuant to this chapter. [Formerly 456.775]

455.042 State building code administrative regions. The Director of the Department of Consumer and Business Services shall establish regions for all areas of the state to carry out the uniform administration of the state building code. The director shall assign Department of Consumer and Business Services employees for the regions as necessary to:

(1) Promote consistent interpretation of the state building code;

(2) Resolve disputes between local building officials and contractors or developers regarding the application of one or more provisions of the state building code; and

(3) Provide oversight and enforcement of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950, 479.995 and 480.510 to 480.670 and ORS chapters 447, 455, 460 and 693 and the rules adopted under those statutes. [2005 c.833 §2]

Note: 455.042 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.044 Tri-County Building Industry Service Center; fees. (1) The Department of Consumer and Business Services may establish and staff a Tri-County Building Industry Service Center to make available to licensed contractors and their employees, local governments and the public the resources and services described in ORS 455.042 and 455.046.

(2) The Director of the Department of Consumer and Business Services may adopt by rule a reasonable fee schedule for the purpose of recovering the costs incurred by the department in providing services under ORS 455.046. Fees adopted and imposed under this section shall be in addition to the total building permit fees otherwise imposed in Clackamas, Multnomah and Washington Counties. A municipality shall collect fees adopted and imposed under this section and remit the fees to the department. [Formerly 455.842]

Note: 455.044 to 455.048 were added to and made a part of ORS chapter 455 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.046 Installation labels; standardized forms and procedures; use of Tri-County Building Industry Service Center resources. (1) The Department of Consumer and Business Services shall:

(a) Develop and administer an installation label program for minor installations under the state building code, including but not limited to electrical installations under ORS 455.627, 479.540 and 479.570 and plumbing installations under ORS 447.076;

(b) Develop standard application forms and procedures for use by municipalities in Clackamas, Multnomah and Washington Counties when issuing structural, mechanical, electrical, plumbing and other permits when those permits do not require a review of building plans;

(d) Develop standard forms and procedures for reviewing building plans;

(e) Establish standardized criteria and methodology for determining fee amounts for permits that are required under the state building code established under ORS 455.030;

(f) Maintain and make available to the public the names of persons certified to review building plans;

(g) Maintain and make available to the public the names of persons certified to perform technical inspections; and

(h) Administer prepaid building permit cost accounts.

(2) The department may use the resources of the Tri-County Building Industry Service Center to:

(a) Assist local building officials in the administration and enforcement of the state building code; and

(b) Establish a process to facilitate the consistent application of the state building code throughout the state. [Formerly 455.844]

Note: See note under 455.044.

455.048 Rules. In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services may adopt rules necessary for the implementation of ORS 455.044 and 455.046. [Formerly 455.846]

Note: See note under 455.044.

455.050 Building permits; content. All building permits issued in this state shall contain the following information:

(1) The name and address of the owner of the building or structure to be constructed or altered under the permit;

(2) The name and address of the builder or contractor, if known, who will perform the construction or alteration; and

(3) The street address and legal description or tax lot number of the property on which construction or alteration will occur. [Formerly 456.887]

Note: 455.050 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

455.055 Uniform permit, inspection and certificate of occupancy requirements; rules. The Director of the Department of Consumer and Business Services may adopt rules establishing uniform permit, inspection and certificate of occupancy requirements under the state building code. The rules may include, but need not be limited to, rules establishing standards for building inspections and inspection procedures and rules establishing uniform forms for certificates of occupancy. In adopting rules under this section, the director may establish a process for a municipality to address conditions that are unique to the municipality’s enforcement of the state building code or that are not addressed by the rules establishing uniform permit, inspection and certificate of occupancy requirements. [2007 c.549 §2]

Note: 455.055 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.060 Rulings on acceptability of material, design or method of construction; effect of approval; fees. (1) Any person who desires to use or furnish any material, design or method of construction or installation in the state, or any building official, may request the Director of the Department of Consumer and Business Services to issue a ruling with respect to the acceptability of any material, design or method of construction about which there is a question under any provision of the state building code. Requests shall be in writing and, if made by anyone other than a building official, shall be made and the ruling issued prior to the use or attempted use of such questioned material, design or method.

(2) In making rulings, the director shall obtain the approval of the appropriate advisory board as to technical and scientific facts and shall consider the standards and interpretations published by the body that promulgated any nationally recognized model code adopted as a specialty code of this state.

(3) A copy of the ruling issued by the director shall be certified to the person making the request. Additional copies shall be transmitted to all building officials in the state. The director shall keep a permanent record of all such rulings, and shall furnish copies thereof to any interested person upon payment of such fees as the director may prescribe.

(4) A building official or inspector shall approve the use of any material, design or method of construction approved by the director pursuant to this section if the requirements of all other local ordinances are satisfied. [Formerly 456.845]

455.065 Alternative regulatory options for emerging technologies; rules. (1) Notwithstanding any provision of this chapter or ORS chapter 460, 479, 480 or 693, the Director of the Department of Consumer and Business Services may establish by rule alternative regulatory options for emerging technologies without the approval of advisory boards. Before adopting rules under this section, the director shall consult with the chairperson of an advisory board that will be affected by the alternative regulatory option. Rules adopted by the director may include definitions of the types of products that qualify as emerging technologies and may approve the use of specific emerging technologies.

(2) The director shall consider national and international standards applicable to emerging technologies in adopting rules under this section.

(3) Rules adopted by the director under this section must be limited to a specific site unless statewide application is approved by an advisory board that will be affected by the alternative regulatory option.

(4) Rules adopted by the director under this section may not adversely affect the scope of practice under any license issued by the Department of Consumer and Business Services.

(5) As used in this section, “emerging technology” means a product that is of a unique type or that has a unique scope of application and that would provide a benefit to Oregon’s economy if developed, used or produced by Oregon businesses. [2005 c.186 §2]

455.068 Applicability of construction standards to winery. (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. [2005 c.734 §2]

Note: 455.068 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.070 Report of suspected code violation; rules; form; appeal. Any person may report a suspected violation of the state building code, which poses an imminent threat to public health or safety, to the local building official or, where the code is state-administered, to the Department of Consumer and Business Services. The complaint shall be in writing and submitted under rules adopted by the department. The rules of the department shall provide for the disposition of frivolous or harassing complaints by requiring detailed descriptions of the alleged violation and reference to the code sections allegedly violated. A copy of the complaint shall be given by the municipality or agency to the contractor, building owner and subcontractor, if any, involved in the project alleged to be in violation. The municipality or agency may charge the complainant for the necessary costs of supplying, copying and distributing the complaint form. If, after five working days, no remedial action has taken place, the complainant has standing to appeal the matter to the appeals board of the municipality, where one is established, or directly to the applicable state advisory board where there is no local appeals board. The municipal appeals board or state advisory board shall reach a final decision within 14 days of the complainant’s appeal. A municipal appeals board decision shall then be subject to appeal to a state advisory board under ORS 455.690, provided that the state advisory board shall reach a final determination within 14 days of notice of an appeal. A record of the written complaint and the findings of the appeals and advisory boards may be introduced into evidence in any judicial proceeding for damages brought against the complainant by any person suffering damages as a result of the complaint. [Formerly 456.842; 1993 c.744 §87]

455.080 Inspector may require proof of compliance. Notwithstanding ORS 455.630 (2), any inspector, including a specialty code inspector licensed under ORS 455.457, authorized by ORS 455.150 or 455.153 to determine compliance with the requirements of the state building code or any specialty code under this chapter may, in accordance with a compliance program as described in ORS 455.153 (2), require any person who is engaged in any activity regulated by the state building code to demonstrate proof of compliance with the applicable licensing, registration or certification requirements of ORS chapters 446, 447, 455, 460, 479, 480, 693 and 701. [Formerly 456.802; 1999 c.1045 §14; 2001 c.411 §16]

Note: 455.080 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

455.085 Publication; readability; funding. (1) The Director of the Department of Consumer and Business Services shall, upon receipt of adequate funds under subsection (2) of this section, publish all state building code provisions relating to the design, construction, prefabrication, equipment or appliance installation, quality of materials, use and occupancy location and repair of detached low-rise residential dwellings in two separate publications. One publication shall contain the applicable provisions of the specialty code adopted under ORS 479.730 (1) and the other publication shall contain the remaining applicable provisions of the state building code. The text of the publications made under this section shall be readable at the ninth grade level of reading, as determined by the director under one or more standard recognized readability formulas, including, but not limited to, the Flesch, Fry or Dale Chall tests.

(2) The publications under subsection (1) of this section shall be paid for by funds donated by interested citizens, who shall be made aware of the project by the Department of Consumer and Business Services through public service announcements and other nominal-cost advertising. Funds shall be collected until sufficient funds are available to conduct the publication. Refunds shall be made to the donors if sufficient funds are not collected. [Formerly 456.787 and then 455.635; 2003 c.675 §13]

455.090 Building codes information and services system or network. The Department of Consumer and Business Services may identify the resources necessary to develop a system or network that provides electronic access to building codes information and services for all building code jurisdictions in the state. The department may explore the availability of alternative means for establishing a statewide system or network for building codes information and services, including but not limited to developing resource sharing arrangements with private industry, obtaining foundation grants and obtaining federal funding. [2003 c.336 §1; 2005 c.56 §3]

Note: 455.090 and 455.095 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

455.095 Electronic access to building codes information and services. The Department of Consumer and Business Services shall develop and implement a system that provides electronic access to building codes information. The department shall make the system accessible for use by municipalities in carrying out the building inspection programs administered and enforced by the municipalities. The building codes information and services available through the system may include, but need not be limited to:

(1) Licensing, permit, inspection and other relevant information;

(2) Access to forms;

(3) Electronic submission of permit applications;

(4) Electronic submission of plans for review;

(5) Electronic issuance of minor label or other appropriate permits;

(6) Access to permit and inspection processes; and

(7) Scheduling of inspections, tracking of corrections and granting of approvals. [2003 c.336 §2; 2005 c.56 §4; 2007 c.69 §4]

Note: See note under 455.090.

(a) Means the arrangement, organization, configuration, structure or style of, or method of delivery for, providing required information or providing the substantive equivalent of required information.

(b) Does not mean altering the substance of information or the addition or omission of information.

(2) The purpose of this section and ORS 455.095 is to enable the Department of Consumer and Business Services to develop and implement a system that:

(a) Provides electronic access to building codes information;

(b) Is designed to offer a full range of electronic building permits services;

(d) Provides a uniform form and format for submitting building codes information electronically; and

(e) Is available for use by any municipality administering and enforcing a building inspection program.

(3) The department shall adopt rules to govern the form and format of building permit applications, building plans, specifications and other building program information exchanged through the electronic building codes information system described in ORS 455.095.

(4) The department may waive a contrary form and format requirement imposed by statute or ordinance or by the rules of another agency for the submission of information in physical form to the extent the waiver is necessary to facilitate the submission of the information electronically. The department may accept an electronic reproduction of a signature, stamp, seal, certification or notarization as the equivalent of the original or may accept the substitution of identifying information for the signature, stamp, seal, certification or notarization. The department may not waive a requirement imposed by statute or ordinance or by the rules of another agency, other than a form and format requirement.

(5) A person exchanging information through the electronic building codes information system in a form and format acceptable to the department is not subject to any licensing sanction, civil penalty, fine, permit disapproval or revocation or other sanction for failure to comply with a form or format requirement imposed by statute, ordinance or rule for submission of the information in physical form, including but not limited to any requirement that the information be in a particular form or of a particular size, be submitted with multiple copies, be physically attached to another document be an original document or be signed, stamped, sealed, certified or notarized. [2007 c.69 §2]

Note: 455.097 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Director)

455.100 Duties of director. The Director of the Department of Consumer and Business Services shall have general supervision over the administration of the state building code regulations, including providing statewide interpretations for the plumbing, elevator, electrical, manufactured structures, boiler, amusement ride, structural, mechanical, low-rise residential dwelling and prefabricated structures codes. [Formerly 456.790; 1993 c.18 §113; 1993 c.744 §88; 2003 c.675 §§14,15]

455.110 Other duties of director; rules. Except as otherwise provided by ORS chapters 446, 447, 460, 476, ORS 479.015 to 479.220, 479.510 to 479.945, 479.990 and 479.995 and ORS chapter 480:

(1) The Director of the Department of Consumer and Business Services shall coordinate, interpret and generally supervise the adoption, administration and enforcement of the state building code.

(2) The director, with the approval of the appropriate advisory boards, shall adopt codes and standards, including regulations as authorized by ORS 455.020 governing the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein. The regulations may include rules for the administration and enforcement of a certification system for persons performing work under the codes and standards adopted under this subsection. However, this subsection does not authorize the establishment of a separate certification for performing work on low-rise residential dwellings.

(3) The director, with the approval of the appropriate advisory boards, may amend such codes from time to time. The codes of regulations and any amendment thereof shall conform insofar as practicable to model building codes generally accepted and in use throughout the United States. If there is no nationally recognized model code, consideration shall be given to the existing specialty codes presently in use in this state. Such model codes with modifications considered necessary and specialty codes may be adopted by reference. The codes so promulgated and any amendments thereof shall be based on the application of scientific principles, approved tests and professional judgment and, to the extent that it is practical to do so, the codes shall be promulgated in terms of desired results instead of the means of achieving such results, avoiding wherever possible the incorporation of specifications of particular methods or materials. To that end the codes shall encourage the use of new methods, new materials and maximum energy conservation.

(4) The director shall adopt rules requiring a journeyman plumber licensed under ORS chapter 693 or an apprentice plumber, as defined in ORS 693.010, who tests backflow assemblies to complete a state-approved training program for the testing of those assemblies. [Formerly 456.770; 2003 c.675 §16; 2005 c.736 §2; 2007 c.71 §140]

455.112 Elimination of unclear, duplicative, conflicting or inadequate provisions; rules. 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. [2003 c.367 §2]

Note: 455.112 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Licenses and Other Authorizations)

455.117 Adoption of rules governing licensing, certification or registration. (1) Except as provided in subsection (3) of this section, a regulatory body listed in subsection (2) of this section may adopt rules to administer the licensing, certification or registration of persons regulated by the body. The rules adopted under this section may include, but need not be limited to:

(a) The form and content of an application for issuance or renewal of a license, certificate or registration;

(b) Training and continuing education requirements to maintain a license, certificate or registration;

(d) The term of a license, certificate or registration; and

(e) The creation of a system for combining two or more licenses, certificates or registrations issued to an individual by an advisory board or the Department of Consumer and Business Services into a single license, certificate, registration or other authorization.

(2) Subsection (1) of this section applies to the following:

(a) Subject to ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420, with the approval of the Residential and Manufactured Structures Board, the Department of Consumer and Business Services for purposes of licenses, certificates and registrations issued under ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420.

(b) Subject to ORS 447.010 to 447.156 and ORS chapter 693, the State Plumbing Board for purposes of licenses issued under ORS 447.010 to 447.156 and ORS chapter 693.

(c) Subject to ORS 460.005 to 460.175, after consultation with the Electrical and Elevator Board, the department for purposes of licenses issued under ORS 460.005 to 460.175.

(d) Subject to ORS 479.510 to 479.945, the Electrical and Elevator Board for purposes of licenses issued under ORS 446.210 or 479.510 to 479.945.

(e) Subject to ORS 480.510 to 480.670, the Board of Boiler Rules for purposes of licenses issued under ORS 480.510 to 480.670.

(3) This section does not authorize the adoption of rules regulating:

(a) Building officials, inspectors, plan reviewers or municipalities;

(b) Persons engaged in the manufacture, conversion or repair of prefabricated structures, prefabricated components or recreational vehicles; or

Note: 455.117 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.122 Combinations of licenses; rules. (1) The Director of the Department of Consumer and Business Services, with the approval of the appropriate advisory boards, shall establish a system that allows a contractor or business possessing two or more licenses described in subsection (2) of this section to have an approved combination of those licenses issued or renewed simultaneously.

(2) Notwithstanding any issuance or renewal dates established by rule under ORS 455.117, subsection (1) of this section applies to contractor or business licenses by the Electrical and Elevator Board, the Board of Boiler Rules or the State Plumbing Board.

(3) The director shall establish rules to implement the system described in this section. The rules must establish the combinations of licenses for which a simultaneous issuance or renewal is offered, the term and expiration date for the combination, the appropriate fees for administering the system, the criteria for issuance and renewal and the other standards and criteria deemed by the Department of Consumer and Business Services to be necessary to administer and enforce the system. [2003 c.136 §2; 2005 c.758 §18]

Note: 455.122 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.125 Denial, suspension, conditioning or revocation of license, certificate, registration or other authorization. (1) In addition to any other sanction, remedy or penalty provided by law, the Director of the Department of Consumer and Business Services or an appropriate advisory board may deny, suspend, condition or revoke a registration, certification, license or other authority to perform work or conduct business issued under laws administered by the Department of Consumer and Business Services or advisory board if the holder:

(a) Fails to comply with a provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693, or with any rule adopted under those statutes or under ORS 455.117; or

(b) Engages in an act for which the Construction Contractors Board imposes a sanction on the holder under ORS 701.098.

(2) For purposes of ORS 701.100, a compliance failure described in subsection (1)(a) of this section for which the director or an advisory board denies, suspends, conditions or revokes a registration, certification, license or other authority to perform work or conduct business may be treated as a failure to be in conformance with this chapter. [2003 c.361 §2; 2005 c.758 §19; 2007 c.306 §1]

Note: 455.125 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Note: 701.100 was repealed by section 16, chapter 114, Oregon Laws 2007. The text of 455.125 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 455.125 for the repeal of 701.100 has not been made.

455.127 Disqualification from obtaining license, registration, certificate or certification. (1) As used in this section, “person” includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company.

(2) The Director of the Department of Consumer and Business Services, the Department of Consumer and Business Services or an appropriate advisory board may disqualify a person from obtaining or renewing a license, registration, certificate or certification if the person:

(a) Is or has been subject to civil penalties, revocation, cancellation or suspension of a license, registration, certificate or certification or other sanction by the director, department or an advisory board; or

(b) Is or has been directly involved in an act for which the director, department or an advisory board has levied civil penalties, revoked, canceled or suspended a license, registration, certificate or certification or imposed other sanction while the person served as a principal, director, officer, owner, majority shareholder, member or manager of a limited liability company or in another capacity with direct or indirect control over another business.

(3) A disqualification under subsection (2) of this section shall be for a period determined by the director, department or appropriate advisory board by rule, not to exceed five years. If a person applies for reinstatement of a revoked license, registration, certificate or certification after the period of disqualification, the person must meet the qualifications for initial issuance of the license, registration, certificate or certification. [2005 c.416 §2; 2005 c.758 §56h]

Note: 455.127 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.129 Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application. (1) Subject to ORS chapter 183, except as provided in subsection (4) of this section, a regulatory body listed in subsection (2) of this section may deny a license, certificate, registration or application or may suspend, revoke, condition or refuse to renew a license, certificate or registration if the regulatory body finds that the licensee, certificate holder, registrant or applicant:

(a) Has failed to comply with the laws administered by the regulatory body or with the rules adopted by the regulatory body.

(b) Has failed to comply with an order of the regulatory body or the Director of the Department of Consumer and Business Services, including but not limited to the failure to pay a civil penalty.

(c) Has filed an application for a license, certificate or registration that, as of the date the license, certificate or registration was issued or the date of an order denying the application, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was incorrect or misleading in any respect.

(d) Has performed work without appropriate licensing, certification or registration or has employed individuals to perform work without appropriate licensing, certification or registration.

(e) Has failed to meet any condition or requirement to obtain or maintain a license, certificate or registration.

(f) Has acted in a manner creating a serious danger to the public health or safety.

(g) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by the Construction Contractors Board or has failed to pay a civil penalty imposed by the board.

(h) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by another state in regard to construction standards, permit requirements or construction-related licensing violations or has failed to pay a civil penalty imposed by the other state in regard to construction standards, permit requirements or construction-related licensing violations.

(i) Has, while performing work that requires or that is related to work that requires a valid license or certificate under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670, this chapter or ORS chapter 447, 460 or 693, violated any statute or rule related to the state building code.

(j) Is a business, the owner or an officer of which has an outstanding obligation to pay a civil penalty assessed under ORS 455.895 or has been the subject of action against the license, certificate or registration by the Department of Consumer and Business Services, the director or any advisory board.

(k) Is a business, owner or officer of a reorganized business entity as defined in ORS 657.682, if an owner, officer, shareholder or partner of the reorganized business entity, or a member if the reorganized business entity is a member-managed limited liability company, has been subject to a revocation or suspension order or to a condition or civil penalty under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670, this chapter or ORS chapter 447, 460, 693 or 701, or by another state in regard to construction standards, permit requirements or construction-related licensing violations.

(L) Is ordered to pay damages under a judgment or arbitration award that relates to construction and that has become final by operation of law or on appeal.

(m) Is a business, the owner or an officer of which was an owner or officer in another business at the time:

(A) The other business was assessed a civil penalty under ORS 455.895 that remains unpaid; or

(B) An act or failure to act by any owner or officer of the other business resulted in action being taken against the license, certificate or registration of the other business by the department, the director or any advisory board.

(2) Subsection (1) of this section applies to:

(a) The State Plumbing Board for purposes of licenses issued under ORS 447.010 to 447.156 or ORS chapter 693.

(b) The Electrical and Elevator Board for purposes of licenses issued under ORS 446.210 or 479.510 to 479.945.

(d) The department for purposes of licenses issued under this chapter.

(e) The department, subject to Electrical and Elevator Board approval, for purposes of licenses issued under ORS 460.005 to 460.175.

(f) The department, subject to Residential and Manufactured Structures Board approval, for purposes of licenses, certificates and registrations issued under ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420.

(3) The department may administer and enforce subsection (1) of this section in the same manner and to the same extent as any advisory board.

(4) This section does not apply to licenses, certificates, registrations or applications for licensure, certification or registration involving inspectors or involving persons engaged in the manufacture, conversion or repair of prefabricated structures, prefabricated components or recreational vehicles. [2005 c.758 §4; 2007 c.306 §2; 2009 c.567 §34]

Note: 455.129 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.130 [Formerly 456.780; 1989 c.224 §118; repealed by 1993 c.744 §41]

(Particular Boards)

455.132 Building Codes Structures Board; duties; membership. (1) There is established in the Department of Consumer and Business Services a Building Codes Structures Board consisting of nine members.

(2) The Building Codes Structures Board shall assist the Director of the Department of Consumer and Business Services in administering the structural, prefabricated structures and energy programs described in this chapter and the accessibility to persons with physical disabilities program described in ORS 447.210 to 447.280.

(3) The board shall consist of members broadly representative of the industries and professions involved in the development and construction of buildings and energy conservation, including:

(a) An architect or engineer;

(b) A general contractor, as defined in ORS 701.005, specializing in the construction of buildings more than three stories above grade;

(d) A representative of the building trade;

(e) A representative of a utility or energy supplier;

(f) A representative of a fire protection agency;

(g) A building official;

(h) An owner or manager of a commercial office building; and

(i) A representative selected from individuals recommended by the Oregon Disabilities Commission. [1993 c.744 §80; 1995 c.249 §1; 2003 c.675 §§17,18,19]

Note: 455.132, 455.138 and 455.144 were added to and made a part of ORS chapter 455 by legislative action but were not added to any series therein. See Preface to Oregon Revised Statutes for further explanation.

455.135 Residential and Manufactured Structures Board; duties; membership. (1) There is established a Residential and Manufactured Structures Board consisting of 11 members appointed by the Governor.

(2) The members of the board shall assist the Director of the Department of Consumer and Business Services in administering the low-rise residential dwelling program described in this chapter.

(3) The board must consist of:

(a) One contractor specializing in the construction of residential structures;

(b) One contractor specializing in the remodeling of residential structures;

(d) One home designer or architect;

(e) One building official;

(f) One representative of residential building trade subcontractors;

(g) One structural engineer;

(h) One representative of a utility or energy supplier;

(i) One manufacturer of manufactured dwellings;

(j) One seller or distributor of new manufactured dwellings; and

(k) One public member who does not receive compensation from any interest represented under paragraphs (a) to (j) of this subsection. [2003 c.675 §2; 2009 c.567 §14]

Note: 455.135 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.138 Electrical and Elevator Board; duties; membership. (1) There is established in the Department of Consumer and Business Services an Electrical and Elevator Board consisting of 15 members.

(2) The Electrical and Elevator Board shall assist the Director of the Department of Consumer and Business Services in administering the electrical program described in ORS 479.510 to 479.945 and 479.995 and the elevator program described in ORS 460.005 to 460.175.

(3) The board shall be composed of:

(a) A fire and casualty underwriter;

(b) A representative of industrial plants regularly employing licensed electricians;

(d) An electrical equipment supplier who otherwise qualifies by experience in the industry;

(e) An elevator manufacturing representative;

(f) One member from the electrical equipment manufacturing industry who otherwise qualifies by experience and training in electricity;

(g) Two journeyman electricians;

(h) An electrical inspector;

(i) Two electrical contractors;

(j) A municipal building official;

(k) A journeyman elevator installer;

(L) An owner or manager of a commercial office building; and

(m) A public member who does not receive compensation from any interest described in paragraphs (a) to (L) of this subsection. [1993 c.744 §81; 1995 c.249 §2]

Note: See note under 455.132.

455.140 Mechanical Board; duties; membership. (1) There is established a Mechanical Board consisting of nine members appointed by the Governor.

(2) The members of the board shall assist the Director of the Department of Consumer and Business Services in administering the code adopted pursuant to ORS 455.020 for mechanical devices and equipment.

(3) The board must consist of:

(a) One representative of the plumbing industry;

(b) One sheet metal and air conditioner contractor;

(c) One municipal mechanical inspector possessing the highest level of mechanical inspector certification issued by the Department of Consumer and Business Services;

(d) One heating, venting and air conditioning contractor;

(e) One heating, venting and air conditioning installer;

(f) One sheet metal and air conditioner installer;

(g) One representative of a natural gas company or other utility;

(h) One building official; and

(i) One public member who does not receive compensation from any interest represented under paragraphs (a) to (h) of this subsection.

(4) At least one of the board members described in subsection (3)(b) or (d) of this section must be an owner or operator of a contracting business employing 10 or fewer persons at the time of the member’s appointment to the term. [2003 c.675 §4]

Note: 455.140 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

455.144 Terms; compensation; positions; quorum; rules; removal of members; confirmation. (1) The Building Codes Structures Board, the Electrical and Elevator Board, the Residential and Manufactured Structures Board and the Mechanical Board shall each be organized and governed as described in this section.

(2)(a) The term of office of each member is four years and a member is not eligible for appointment to more than two full terms of office. The Governor shall appoint the members of each board and the board members shall serve at the pleasure of the Governor.

(b) Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(3) A member of each board is entitled to compensation and expenses as provided in ORS 292.495.

(4) A board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such position as the board determines.

(5) A majority of the members of a board constitutes a quorum for the transaction of business.

(6) In accordance with applicable provisions of ORS chapter 183, the director may adopt rules necessary for the administration of the laws that the Department of Consumer and Business Services is charged with administering.

(7) The Governor may remove a board member for good cause. “Good cause” for removal of a member includes, but is not limited to, three unexcused absences during any 12-month period from a regularly scheduled board meeting.

(8) The appointment of a member of a board is subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution. [1993 c.744 §83; 2003 c.675 §§20,21; 2009 c.567 §15; 2011 c.272 §21]

Note: See note under 455.132.

(Municipal Regulation)

455.148 Comprehensive municipal building inspection programs; building officials; rules; program duration, plan, failure, abandonment and resumption. (1)(a) A municipality that assumes the administration and enforcement of a building inspection program shall administer and enforce the program for all of the following:

(A) The state building code, as defined in ORS 455.010, except as set forth in paragraph (b) of this subsection.

(B) Manufactured structure installation requirements under ORS 446.155, 446.185 (1) and 446.230.

(D) Park and camp programs regulated under ORS 455.680.

(E) Tourist facilities regulated under ORS 446.310 to 446.350.

(F) Manufactured dwelling alterations regulated under ORS 446.155.

(G) Manufactured structure accessory buildings and structures under ORS 446.253.

(H) Boilers and pressure vessels described in rules adopted under ORS 480.525 (5).

(b) A building inspection program of a municipality may not include:

(A) Boiler and pressure vessel programs under ORS 480.510 to 480.670 except those described in rules adopted under ORS 480.525 (5);

(B) Elevator programs under ORS 460.005 to 460.175;

(D) Prefabricated structure regulation under ORS chapter 455;

(E) Manufacture of manufactured structures programs under ORS 446.155 to 446.285, including the administration and enforcement of federal manufactured dwelling construction and safety standards adopted under ORS 446.155 or the National Manufactured Housing Construction and Safety Standards Act of 1974;

(F) Licensing and certification, or the adoption of statewide codes and standards, under ORS chapter 446, 447, 455, 479 or 693; or

(G) Review of plans and specifications as provided in ORS 455.685.

(2) A municipality that administers a building inspection program as allowed under this section shall do so for periods of four years. The Department of Consumer and Business Services shall adopt rules to adjust time periods for administration of a building inspection program to allow for variations in the needs of the department and participants.

(3) When a municipality administers a building inspection program, the governing body of the municipality shall, unless other means are already provided, appoint a person to administer and enforce the building inspection program, who shall be known as the building official. A building official shall, in the municipality for which appointed, attend to all aspects of code enforcement, including the issuance of all building permits. Two or more municipalities may combine in the appointment of a single building official for the purpose of administering a building inspection program within their communities.

(b) Notwithstanding the January 1 date set forth in paragraph (a) of this subsection, the director and the municipality and, if the municipality is not a county, the county may by agreement extend that date to no later than March 1.

(5) If a city does not notify the director, or notifies the director that it will not administer the building inspection program, the county or counties in which the city is located shall administer and enforce the county program within the city in the same manner as the program is administered and enforced outside the city, except as provided by subsection (6) of this section.

(6) If a county does not notify the director, or notifies the director that it will not administer and enforce a building inspection program, the director shall contract with a municipality or other person or use such state employees or state agencies as are necessary to administer and enforce a building inspection program, and permit or other fees arising therefrom shall be paid into the Consumer and Business Services Fund created by ORS 705.145 and credited to the account responsible for paying the expenses thereof. A state employee may not be displaced as a result of using contract personnel.

(7) The governing body of a municipality may commence responsibility for the administration and enforcement of a building inspection program beginning July 1 of any year by notifying the director no later than January 1 of the same year and obtaining the director’s approval of an assumption plan as described in subsection (11)(c) of this section.

(8) The department shall adopt rules to require the governing body of each municipality assuming or continuing a building inspection program under this section to submit a written plan with the notice required under subsection (4) or (7) of this section. If the department is the governing body, the department shall have a plan on file. The plan must specify how cooperation with the State Fire Marshal or a designee of the State Fire Marshal will be achieved and how a uniform fire code will be considered in the review process of the design and construction phases of buildings or structures.

(9) A municipality that administers and enforces a building inspection program pursuant to this section shall recognize and accept the performances of state building code activities by businesses and persons authorized under ORS 455.457 to perform the activities as if the activities were performed by the municipality. A municipality is not required to accept an inspection, a plan or a plan review that does not meet the requirements of the state building code.

(10) The department or a municipality that accepts an inspection or plan review as required by this section by a person licensed under ORS 455.457 has no responsibility or liability for the activities of the licensee.

(11) In addition to the requirements of ORS 455.100 and 455.110, the director shall regulate building inspection programs that municipalities assume on or after January 1, 2002. Regulation under this subsection shall include but not be limited to:

(a) Creating building inspection program application and amendment requirements and procedures;

(b) Granting or denying applications for building inspection program authority and amendments;

(c) Requiring a municipality assuming a building inspection program to submit with the notice given under subsection (7) of this section an assumption plan that includes, at a minimum:

(A) A description of the intended availability of program services, including proposed service agreements for carrying out the program during at least the first two years;

(B) Demonstration of the ability and intent to provide building inspection program services for at least two years;

(D) Proposed staffing levels; and

(E) Proposed service levels;

(d) Reviewing procedures and program operations of municipalities;

(e) Creating standards for efficient, effective, timely and acceptable building inspection programs;

(f) Creating standards for justifying increases in building inspection program fees adopted by a municipality;

(g) Creating standards for determining whether a county or department building inspection program is economically impaired in its ability to reasonably continue providing the program throughout a county, if another municipality is allowed to provide a building inspection program within the same county; and

(h) Enforcing the requirements of this section.

(12) The department may assume administration of a building inspection program:

(a) During the pendency of activities under ORS 455.770;

(b) If a municipality abandons or is no longer able to administer the building inspection program; and

(c) If a municipality fails to substantially comply with any provision of this section or of ORS 455.465, 455.467 and 455.469.

(13) A municipality that abandons or otherwise ceases to administer a building inspection program that the municipality assumed under this section may not resume the administration or enforcement of the program for at least two years. The municipality may resume the administration and enforcement of the abandoned program only on July 1 of an odd-numbered year. Prior to resuming the administration and enforcement of the program, the municipality must follow the notification procedure set forth in subsection (7) of this section. [2001 c.573 §1; 2005 c.22 §328; 2007 c.487 §1; 2007 c.549 §§4,5; 2009 c.696 §§23,24]

Note: 455.148 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

455.150 Selective municipal building inspection programs; building officials; rules; program duration, plan, failure and abandonment; limitation on program resumption. (1) Except as provided in subsection (14) of this section, a municipality that assumes the administration and enforcement of a building inspection program prior to January 1, 2002, may administer and enforce all or part of a building inspection program. A building inspection program:

(a) Is a program that includes the following:

(A) The state building code, as defined in ORS 455.010, except as set forth in paragraph (b) of this subsection.

(B) Manufactured structure installation requirements under ORS 446.155, 446.185 (1) and 446.230.

(D) Park and camp programs regulated under ORS 455.680.

(E) Tourist facilities regulated under ORS 446.310 to 446.350.

(F) Manufactured dwelling alterations regulated under ORS 446.155.

(G) Manufactured structure accessory buildings and structures under ORS 446.253.

(H) Boilers and pressure vessels described in rules adopted under ORS 480.525 (5).

(b) Is not a program that includes:

(A) Boiler and pressure vessel programs under ORS 480.510 to 480.670 except those described in rules adopted under ORS 480.525 (5);

(B) Elevator programs under ORS 460.005 to 460.175;

(D) Prefabricated structure regulation under ORS chapter 455;

(F) Licensing and certification, or the adoption of statewide codes and standards, under ORS chapter 446, 447, 455, 479 or 693; and

(G) Review of plans and specifications as provided in ORS 455.685.

(3) When a municipality administers a building inspection program, the governing body of the municipality shall, unless other means are already provided, appoint a person to administer and enforce the building inspection program or parts thereof, who shall be known as the building official. A building official shall, in the municipality for which appointed, attend to all aspects of code enforcement, including the issuance of all building permits. Two or more municipalities may combine in the appointment of a single building official for the purpose of administering a building inspection program within their communities.

(4)(a) By January 1 of the year preceding the expiration of the four-year period described in subsection (2) of this section, the governing body of the municipality shall notify the Director of the Department of Consumer and Business Services and, if not a county, notify the county whether the municipality will continue to administer the building inspection program, or parts thereof, after expiration of the four-year period. If parts of a building inspection program are to be administered and enforced by a municipality, the parts shall correspond to a classification designated by the director as reasonable divisions of work.

(5) If a city does not notify the director, or notifies the director that it will not administer certain specialty codes or parts thereof under the building inspection program, the county or counties in which the city is located shall administer and enforce those codes or parts thereof within the city in the same manner as it administers and enforces them outside the city, except as provided by subsection (6) of this section.

(6) If a county does not notify the director, or notifies the director that it will not administer and enforce certain specialty codes or parts thereof under the building inspection program, the director shall contract with a municipality or other person or use such state employees or state agencies as are necessary to administer and enforce those codes or parts thereof, and permit or other fees arising therefrom shall be paid into the Consumer and Business Services Fund created by ORS 705.145 and credited to the account responsible for paying such expenses. A state employee may not be displaced as a result of using contract personnel.

(7) If a municipality administering a building inspection program under this section seeks to administer additional parts of a program, the municipality must comply with ORS 455.148, including the requirement that the municipality administer and enforce all aspects of the building inspection program. Thereafter, the municipality is subject to ORS 455.148 and ceases to be subject to this section.

(8) The department shall adopt rules to require the governing body of each municipality to submit a written plan with the notice required under subsection (4) of this section. If the department is the governing body, the department shall have a plan on file. The plan shall specify how cooperation with the State Fire Marshal or a designee of the State Fire Marshal will be achieved and how a uniform fire code will be considered in the review process of the design and construction phases of buildings or structures.

(9) A municipality that administers a code for which persons or businesses are authorized under ORS 455.457 to perform activities shall recognize and accept those activities as if performed by the municipality. A municipality is not required to accept an inspection, a plan or a plan review that does not meet the requirements of the state building code.

(11) In addition to the requirements of ORS 455.100 and 455.110, the director shall regulate building inspection programs of municipalities assumed prior to January 1, 2002. Regulation under this subsection shall include but not be limited to:

(a) Creating building inspection program application and amendment requirements and procedures;

(b) Granting or denying applications for building inspection program authority and amendments;

(d) Creating standards for efficient, effective, timely and acceptable building inspection programs;

(e) Creating standards for justifying increases in building inspection program fees adopted by a municipality;

(f) Creating standards for determining whether a county or department building inspection program is economically impaired in its ability to reasonably continue providing the program or part of the program throughout a county, if another municipality is allowed to provide a building inspection program or part of a program within the same county; and

(g) Enforcing the requirements of this section.

(12) The department may assume administration of a building inspection program:

(a) During the pendency of activities under ORS 455.770;

(b) If a municipality abandons any part of the building inspection program or is no longer able to administer the building inspection program; and

(c) If a municipality fails to substantially comply with any provision of this section or of ORS 455.465, 455.467 and 455.469.

(13) If a municipality abandons or otherwise ceases to administer all or part of a building inspection program described in this section, the municipality may not resume the administration and enforcement of the abandoned program or part of a program for at least two years. The municipality may resume the administration and enforcement of the abandoned program or part of a program only on July 1 of an odd-numbered year. To resume the administration and enforcement of the abandoned program or part of a program, the municipality must comply with ORS 455.148, including the requirement that the municipality administer and enforce all aspects of the building inspection program. Thereafter, the municipality is subject to ORS 455.148 and ceases to be subject to this section.

(14) A municipality that administers and enforces a building inspection program under this section shall include in the program the inspection of boilers and pressure vessels described in subsection (1)(a)(H) of this section. [Formerly 456.800; 1991 c.308 §1; 1991 c.410 §1; 1993 c.463 §1; 1993 c.744 §89; 1995 c.553 §1; 1999 c.1045 §15; 2001 c.573 §3; 2007 c.487 §2; 2009 c.696 §25]

455.152 Objections to municipal assumption of building inspection program. (1) A municipality, 10 or more persons or an association with 10 or more members may file objections to a municipality’s assumption of a building inspection program. The objections must be filed within 30 days after the Director of the Department of Consumer and Business Services gives notice of the application.

(2) The director, by rule, shall establish a process for reviewing objections filed under subsection (1) of this section. The review process shall include but need not be limited to:

(a) Identification of economic impairment, if any, affecting the municipality;

(b) Demonstration by the municipality that all building inspection program permits and services will be available, including any service agreements for carrying out building program services;

(d) Demonstration by the municipality of the ability to provide building inspection program services for at least two years; and

(e) Review of proposed levels of service, including the municipality’s ability to maintain or improve upon existing service levels.

(3) Upon completion of a review under subsection (2) of this section, the director shall issue a final agency order approving or disapproving the application. [2001 c.573 §2]

Note: 455.152 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

455.153 Municipal authority to administer specialty code or building requirements; effect on jurisdiction of agencies. (1) A municipality may administer any specialty code or building requirements as though the code or requirements were ordinances of the municipality if the municipality is authorized to administer:

(a) The specialty code under ORS chapter 447 or 455 or ORS 479.510 to 479.945 and 479.995.

(b) Mobile or manufactured dwelling parks requirements adopted under ORS 446.062.

(d) Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230.

(e) Park or camp requirements adopted under ORS 455.680.

(2) Administration of any specialty code or building requirement includes establishing a program intended to verify compliance with state licensing requirements and all other administrative and judicial aspects of enforcement of the code or requirement. Nothing in this section affects the concurrent jurisdiction of the Director of the Department of Consumer and Business Services, the Building Codes Structures Board, the State Plumbing Board, the Electrical and Elevator Board, the Residential and Manufactured Structures Board or the Mechanical Board to impose civil penalties for violations committed within municipalities. [1995 c.190 §2; 2001 c.411 §17; 2003 c.675 §§22,23; 2009 c.567 §16]

Note: 455.153 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.154 Alternative permit and inspection program. (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 any special alternative permit and inspection program 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 455.046, the requirements of ORS 455.046 are applicable only to standard permit and inspection programs and not to the optional program. [2003 c.368 §2; 2005 c.288 §1]

Note: 455.154 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

455.155 Statewide permit and inspection system for minor construction work. 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 a statewide permitting and inspection system for minor construction work. Every municipality that administers and enforces a building program under ORS 455.148 or 455.150 must recognize and accept permits issued by the department under this section. [2003 c.368 §1]

Note: 455.155 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

455.156 Municipal investigation and enforcement of certain violations; notice of civil penalty; department to develop programs; defense for violation of building inspection program. (1) Notwithstanding any other provision of this chapter, ORS chapter 693 or ORS 447.010 to 447.156, 447.992, 479.510 to 479.945, 479.990 or 479.995, the Department of Consumer and Business Services shall carry out the provisions of this section.

(2)(a) A municipality that establishes a building inspection program under ORS 455.148 or a plumbing inspection program under ORS 455.150 covering installations under the plumbing specialty code or Low-Rise Residential Dwelling Code may act on behalf of the State Plumbing Board to investigate violations of and enforce ORS 447.040, 693.030 and 693.040 and to issue notices of proposed assessment of civil penalties for those violations.

(b) A municipality that establishes a building inspection program under ORS 455.148 or an electrical inspection program under ORS 455.150 covering installations under the electrical specialty code or Low-Rise Residential Dwelling Code may act on behalf of the Electrical and Elevator Board to investigate violations of and enforce ORS 479.550 (1) and 479.620 and to issue notices of proposed assessment of civil penalties for those violations.

(c) A municipality that establishes a building inspection program under ORS 455.148 or 455.150 may investigate violations and enforce any provisions of the program administered by the municipality.

(3) The department shall establish:

(a) Procedures, forms and standards to carry out the provisions of this section, including but not limited to creating preprinted notices of proposed assessment of penalties that can be completed and served by municipal inspectors;

(b) A program to provide that all of the moneys recovered by the department, less collection expenses, be paid to the municipality that initiated the charges when a person charged with a violation as provided in subsection (2) of this section, other than a violation of a licensing requirement, agrees to the entry of an assessment of civil penalty or does not request a hearing, and an order assessing a penalty is entered against the person;

(c) A uniform citation process to be used in all jurisdictions of the state for violation of a licensing requirement. The process may include but need not be limited to all program areas administered by a municipality under ORS 455.148 or 455.150 and may provide a uniform method for checking license status and issuing citations for violation of a licensing requirement, and a consistent basis for enforcement of licensing requirements and treatment of violations, including fine amounts;

(d) A program to provide a division of the moneys recovered by the department with the municipality that initiated the charges, when a person charged with a violation as provided in subsection (2) of this section, other than a violation of a licensing requirement, requests a hearing and is assessed a penalty. One-half of the amounts recovered shall be paid to the municipality. The department shall keep an amount equal to its costs of processing the proceeding and collection expenses out of the remaining one-half and remit the balance, if any, to the municipality; and

(e) A program to require municipalities to investigate violations of the department’s permit requirements for plumbing installations and services under the plumbing specialty code and for plumbing and electrical installations and services under the Low-Rise Residential Dwelling Code, and to:

(A) Initiate notices of proposed assessment of civil penalties as agents of the boards designated in subsection (2) of this section; and

(B) Pay the agents of the boards out of net civil penalty recoveries as if the recoveries were under paragraphs (b) and (d) of this subsection.

(4) The assessment of a civil penalty under this section by a municipality is subject to the amount limitations set forth in ORS 455.895.

(5)(a) It shall be a defense for any person charged with a penalty for violation of a building inspection program permit requirement covering plumbing installations under the plumbing specialty code, electrical permit requirements under ORS 479.550 or plumbing or electrical requirements under the Low-Rise Residential Dwelling Code that the person was previously penalized for the same occurrence.

(b) A building inspection program permit requirement is a requirement contained in a specialty code or municipal ordinance or rule requiring a permit before the particular installations covered by the codes are commenced.

(c) A penalty for the same occurrence includes a combination of two or more of the following that are based on the same plumbing or electrical installation:

(A)(i) An investigative or other fee added to an electrical permit fee when a permit was obtained after the electrical installation was started;

(ii) A civil penalty pursuant to ORS 479.995 for violation of ORS 479.550 for failure to obtain an electrical permit;

(iii) A civil penalty pursuant to ORS 455.895 for failure to obtain an electrical permit under the Low-Rise Residential Dwelling Code; or

(iv) A municipal penalty, other than an investigative fee, for making an electrical installation under the electrical specialty code or the Low-Rise Residential Dwelling Code without a permit; or

(B)(i) An investigative or other fee added to a plumbing permit fee when a permit was obtained after the plumbing installation was started;

(ii) A civil penalty pursuant to ORS 447.992 for failure to obtain a plumbing permit as required under the plumbing specialty code;

(iii) A civil penalty pursuant to ORS 455.895 for failure to obtain a plumbing permit under the Low-Rise Residential Dwelling Code; or

(iv) A municipal penalty, other than an investigative fee, for making a plumbing installation under the plumbing specialty code or the Low-Rise Residential Dwelling Code without a permit. [1995 c.553 §12; 2001 c.411 §18; 2001 c.573 §6a; 2003 c.675 §24; 2005 c.758 §20]

Note: 455.156 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.157 Process for municipal imposition of monetary penalties. (1) The Legislative Assembly finds and declares that enforcement of the state building code in a fair, equitable and uniform manner throughout this state is a matter of state concern.

(2) If a municipality administers a building inspection program under ORS 455.148 or 455.150, a monetary penalty assessed under the program for a violation must be assessed as a civil penalty. This subsection does not prohibit a municipality from charging a violator an increased permit fee or investigative fee, seeking injunctive relief from a violation or taking any enforcement action that does not include a monetary penalty. This subsection does not limit the terms or conditions of any voluntary agreement for the resolution of a violation.

(3) A municipality may not assess a civil penalty for a violation under a building inspection program unless the municipality provides to the party that is subject to the civil penalty:

(a) Notice that:

(A) Describes the alleged violation, including any relevant code provision numbers, ordinance numbers or other identifying references;

(B) States that the municipality intends to assess a civil penalty for the violation and states the amount of the civil penalty;

(D) Describes the means and the deadline for informing the municipality that the party is challenging the assessment of the civil penalty; and

(b) A municipal administrative process other than a judicial proceeding in a court of law, that affords the party an opportunity to challenge the civil penalty assessment before an individual, department or body that is other than the municipality’s building inspector or building official.

(4) If the municipality assesses a civil penalty for a violation under a building inspection program, the amount of the civil penalty assessed for the violation may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895.

(5) The costs incurred by a municipality in providing notice and administrative process under this section are building inspection program administration and enforcement costs for the purpose of fee adoption under ORS 455.210. [2009 c.476 §2]

Note: 455.157 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.158 Verification of required license prior to issuance of permit. (1) As used in this section:

(a) “Public body” has the meaning given that term in ORS 174.109.

(b) “Work on a structure” means the construction, reconstruction, alteration or repair of a structure.

(2) A public body that administers and enforces a building inspection program shall ensure that a person required to be licensed under a provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945, 479.950 and 480.510 to 480.670, this chapter or ORS chapter 447, 460 or 693 in order to obtain a permit for work on a structure has a current, valid license of the type required for the permit. [2007 c.549 §3]

Note: 455.158 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.160 Failure to provide timely inspections or plan reviews prohibited; demand; mandamus. (1) The municipality that is responsible for state building code administration and enforcement in a municipality pursuant to ORS 455.148 or 455.150, or the Department of Consumer and Business Services if the department is responsible for state building code administration and enforcement pursuant to ORS 455.148 or 455.150, may not engage in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause.

(2) Any person adversely affected by a pattern of conduct prohibited in subsection (1) of this section may serve the municipality or the department with a written demand to provide timely inspections or plan reviews.

(3) If a municipality, within five days of receipt of the demand, fails to provide timely inspections or plan reviews without reasonable cause, the person who served the demand may seek to compel the inspections or plan reviews through a writ of mandamus pursuant to ORS 34.105 to 34.240. If the court finds that the municipality has engaged in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause, it may direct the municipality to provide timely inspections or plan reviews or to transfer the administration and enforcement of the code in question under procedures outlined in ORS 455.148 (5) and (6) or 455.150 (5) and (6).

(4) If the department, within five days of receipt of the demand, fails to provide timely inspections or plan reviews without reasonable cause, the person who served the demand may seek to compel the inspections or plan reviews through a writ of mandamus pursuant to ORS 34.105 to 34.240. If the court finds that the department has engaged in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause, it may direct the department to provide timely inspections or plan reviews or to transfer the administration and enforcement of the code in question to an appropriate municipality, if the municipality accepts the responsibility. A municipality may accept the transfer of the administration and enforcement of a code under this subsection without becoming subject to ORS 455.148 as a result of accepting the transfer. [Formerly 456.803; 1995 c.553 §7; 2001 c.573 §7]

455.165 Standards for building codes information collected and maintained by municipalities; rules. (1) As used in this section:

(a) “Form and format” has the meaning given that term in ORS 455.097.

(b) “Standards” means the content, processing, form and format of building codes information collected and maintained by municipalities.

(2) The Department of Consumer and Business Services may adopt rules establishing building codes information standards for municipalities administering and enforcing building inspection programs. The department shall design the standards to ensure consistency between municipalities regarding building inspections, permits, plans specifications and other building codes information. The department may not adopt standards that:

(a) Waive any requirement imposed by statute or by rule of another state agency for submitting building permit applications, building plans, specifications or other building program information in physical form.

(b) Require a municipality to assume or expand a building inspection program or to provide additional building inspection program services. [2007 c.69 §3]

Note: 455.165 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.170 Director may delegate certain duties; fees. (1) The Director of the Department of Consumer and Business Services shall delegate to any municipality which requests any of the authority, responsibilities and functions of the director relating to recreational parks, organizational camps and picnic parks as defined in ORS 446.310, including but not limited to plan review and inspections, if the director determines that the municipality is willing and able to carry out the rules of the director relating to such authority, responsibilities and functions. The director shall review and monitor each municipality’s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a municipality is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the director for carrying out the authority, responsibility and functions under this section.

(2) The director shall determine, by administrative rule, the amount of fee which the municipality may charge and retain for any function undertaken pursuant to subsection (1) of this section. The amount of the fees shall not exceed the costs of administering the delegated functions. The municipality, quarterly, shall remit 15 percent of the collected fees to the director for monitoring municipal programs and for providing informational material necessary to maintain a uniform state program.

(3) In any action, suit or proceeding arising out of municipal administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the director, the director shall be made a party to the action, suit or proceeding. [1987 c.414 §36a; 1991 c.227 §3]

Note: 455.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

455.180 Duty of city, county to issue building permit; restriction. (1) A city or county shall not refuse to issue or otherwise deny a building permit, development permit, plumbing permit, electrical permit or other similar permit to any person applying for the permit solely because the applicant has contracted for the performance of services by a contractor, subcontractor, supplier or other person who is subject to the business license tax of the city or county and has failed to pay the tax when due.

(2) As used in this section, “business license tax” has the meaning given that term in ORS 701.015. [1987 c.581 §6]

455.190 [1993 c.429 §2; 1995 c.553 §2a; 1995 c.714 §1; 1999 c.59 §127; 1999 c.508 §1; 2001 c.573 §8; repealed by 2003 c.368 §4]

(Financial Administration)

455.210 Fees; appeal of fees; surcharge; reduced fees; rules. (1) Fees shall be prescribed as required by ORS 455.020 for plan review and permits issued by the Department of Consumer and Business Services for the construction, reconstruction, alteration and repair of prefabricated structures and of buildings and other structures and the installation of mechanical heating and ventilating devices and equipment. The fees may not exceed 130 percent of the fee schedule printed in the “Uniform Building Code,” 1979 Edition, and in the “Uniform Mechanical Code,” 1979 Edition, both published by the International Conference of Building Officials. Fees are not effective until approved by the Oregon Department of Administrative Services.

(2) Notwithstanding subsection (1) of this section, the maximum fee the Director of the Department of Consumer and Business Services may prescribe for a limited plan review for fire and life safety as required under ORS 479.155 shall be 40 percent of the prescribed permit fee.

(3)(a) A municipality may adopt by ordinance or regulation such fees as may be necessary and reasonable to provide for the administration and enforcement of any specialty code or codes for which the municipality has assumed responsibility under ORS 455.148 or 455.150. A municipality shall give the director notice of the proposed adoption of a new or increased fee under this subsection. The municipality shall give the notice to the director at the time the municipality provides the opportunity for public comment under ORS 294.160 regarding the fee or, if the proposed fee is contained in an estimate of municipal budget resources, at the time notice of the last budget meeting is published under ORS 294.426.

(b) Ten or more persons or an association with 10 or more members may appeal the adoption of a fee described in this subsection to the Director of the Department of Consumer and Business Services. The persons or association must file the appeal no later than 60 days after the director receives notice of the proposed adoption of the fee from the municipality under paragraph (a) of this subsection. However, if the municipality failed to give notice to the director, an appeal may be filed with the director within one year after adoption of the new or increased fee. Upon receiving a timely appeal, the director shall, after notice to affected parties and hearing, review the municipality’s fee adoption process and the costs of administering and enforcing the specialty code or codes referred to in paragraph (a) of this subsection. The director shall approve the fee if the director feels the fee is necessary and reasonable. If the director does not approve the fee upon appeal, the fee is not effective. The appeal process provided in this paragraph does not apply to fees that have been submitted for a vote and approved by a majority of the electors voting on the question.

(c) Fees collected by a municipality under this subsection shall be used for the administration and enforcement of a building inspection program for which the municipality has assumed responsibility under ORS 455.148 or 455.150.

(d) For purposes of paragraph (b) of this subsection, in determining whether a fee is reasonable the director shall consider whether:

(A) The fee is the same amount as or closely approximates the amount of the fee charged by other municipalities of a similar size and geographic location for the same level of service;

(B) The fee is calculated with the same or a similar calculation method as the fee charged by other municipalities for the same service;

(D) The municipality, in adopting the fee, complied with ORS 294.160, 294.361 and 294.426 and this section and standards adopted by the director under ORS 455.148 (11) or 455.150 (11).

(4) Notwithstanding any other provision of this chapter:

(a) For the purpose of partially defraying state administrative costs, there is imposed a surcharge in the amount of four percent of the total permit fees or, if the applicant chooses to pay an hourly rate instead of purchasing a permit, four percent of the total hourly charges collected.

(b) For the purpose of partially defraying state inspection costs, there is imposed a surcharge in the amount of two percent of the total permit fees or, if the applicant chooses to pay an hourly rate instead of purchasing a permit, two percent of the total hourly charges collected.

(c) For the purpose of defraying the cost of administering and enforcing the state building code, there is imposed a surcharge on permit fees and on hourly charges collected instead of permit fees. The surcharge may not exceed one percent of the total permit fees or, if the applicant chooses to pay an hourly rate instead of purchasing a permit, one percent of the total hourly charges collected.

(d) For the purpose of defraying the cost of developing and administering the electronic building codes information system described in ORS 455.095 and 455.097, there is imposed a surcharge in the amount of five percent on permit fees, or if the applicant chooses to pay an hourly rate instead of purchasing a permit, five percent of the total hourly charges collected. However, the department may adopt rules to waive a portion of the surcharge imposed under this paragraph if the department determines that the amount collected by the surcharge imposed under this paragraph exceeds the actual cost to the department of developing and administering the electronic building codes information system described in ORS 455.095 and 455.097.

(5) Municipalities shall collect and remit surcharges imposed under subsection (4) of this section to the director as provided in ORS 455.220.

(6) The director shall adopt administrative rules to allow reduced fees for review of plans that have been previously reviewed. [Subsections (1) to (5) formerly 456.760; subsection (6) enacted as 1987 c.604 §6; 1997 c.856 §1; 1999 c.432 §1; 1999 c.1045 §24; 1999 c.1082 §9; 2001 c.573 §9; 2001 c.673 §1; 2005 c.193 §1; 2005 c.833 §3; 2007 c.69 §5; 2011 c.473 §29]

Note: The amendments to 455.210 by section 6, chapter 69, Oregon Laws 2007, become operative January 2, 2018. See section 8, chapter 69, Oregon Laws 2007. The text that is operative on and after January 2, 2018, including amendments by section 30, chapter 473, Oregon Laws 2011, is set forth for the user’s convenience.

455.210. (1) Fees shall be prescribed as required by ORS 455.020 for plan review and permits issued by the Department of Consumer and Business Services for the construction, reconstruction, alteration and repair of prefabricated structures and of buildings and other structures and the installation of mechanical heating and ventilating devices and equipment. The fees may not exceed 130 percent of the fee schedule printed in the “Uniform Building Code,” 1979 Edition, and in the “Uniform Mechanical Code,” 1979 Edition, both published by the International Conference of Building Officials. Fees are not effective until approved by the Oregon Department of Administrative Services.

(d) For purposes of paragraph (b) of this subsection, in determining whether a fee is reasonable the director shall consider whether:

(A) The fee is the same amount as or closely approximates the amount of the fee charged by other municipalities of a similar size and geographic location for the same level of service;

(B) The fee is calculated with the same or a similar calculation method as the fee charged by other municipalities for the same service;

(D) The municipality, in adopting the fee, complied with ORS 294.160, 294.361 and 294.426 and this section and standards adopted by the director under ORS 455.148 (11) or 455.150 (11).

(4) Notwithstanding any other provision of this chapter:

(5) Municipalities shall collect and remit surcharges imposed under subsection (4) of this section to the director as provided in ORS 455.220.

(6) The director shall adopt administrative rules to allow reduced fees for review of plans that have been previously reviewed.

455.220 Surcharge on building permit fees; collection; deposit; use. (1) There is hereby imposed a surcharge in the amount of one percent of the total building permit fees or, if the applicant chooses to pay an hourly rate instead of purchasing a permit, one percent of the total hourly charges collected in connection with the construction of, or addition or alteration to, buildings and equipment or appurtenances. Up to one-half of the surcharge collected under this subsection may be used to fund the activities described in ORS 455.042 and 455.046. The remainder of the surcharge collected under this subsection shall be used for the purpose of defraying the costs of training and other educational programs administered by the Department of Consumer and Business Services under this chapter.

(2) Permit surcharges shall be collected by each municipality and remitted to the Director of the Department of Consumer and Business Services. Each municipality having a population greater than 40,000 shall, on a monthly basis, prepare and submit to the director a report of permits and certificates issued in each class or category and fees and surcharges thereon collected during the month, together with other statistical information as required by the director concerning construction activity regulated by the parts of the state building code administered by the municipality. All other municipalities shall submit a report described in this subsection on a quarterly basis. The report shall be in a form prescribed by the director and shall be submitted, together with a remittance covering the surcharges collected, by no later than the 15th day following the month or quarter in which the surcharges are collected.

(3)(a) All surcharges and other fees prescribed by ORS 455.010 to 455.240 and 455.410 to 455.740 and payable to the department, except fees received under ORS 455.148 (6) or 455.150 (6), shall be deposited by the director in the Consumer and Business Services Fund created by ORS 705.145.

(b) Notwithstanding subsection (1) of this section, the surcharge imposed under subsection (1) of this section for permits established under ORS 446.062 (3), 446.176, 446.405 (2), 446.430 (2) and 455.170 (2) shall be deposited in the Consumer and Business Services Fund established under ORS 705.145 and is continuously appropriated to the department for use as provided in ORS 446.423.

(4) Except as provided in subsection (5) of this section, the director shall administer training and other education programs under this chapter through contracts with local educational institutions, professional associations or other training providers.

(5) The director may:

(a) Arrange for the department to offer training and other education programs for building officials and building inspectors; or

(b) Arrange for local educational institutions, professional associations or other training providers to offer training and other education programs for building officials and building inspectors. A contract between the director and a training provider under this paragraph is subject to ORS 279B.235, but is otherwise exempt from ORS chapters 279A and 279B and ORS 279C.100 to 279C.125 and 279C.300 to 279C.470. [Formerly 456.860; 1993 c.744 §90; 1995 c.553 §5; 1999 c.1045 §25; 1999 c.1082 §§10,10a; 2001 c.573 §10; 2001 c.710 §9; 2003 c.675 §25; 2005 c.833 §4; 2009 c.593 §4]

455.230 Use of Consumer and Business Services Fund moneys. (1) Except as otherwise provided by law, all moneys appropriated or credited to the Consumer and Business Services Fund and received under this chapter, ORS 447.010 to 447.156, 447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to 479.945, 479.995, 480.510 to 480.670 and ORS chapter 693 hereby are appropriated continuously for and shall be used by the director for the purpose of carrying out the duties and responsibilities imposed upon the department under this chapter, ORS 446.566 to 446.646, 446.661 to 446.756, 447.010 to 447.156, 447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and ORS chapter 693.

(2) Except as otherwise provided by law, all moneys appropriated or credited to the Consumer and Business Services Fund and received under ORS 446.003 to 446.200, 446.210, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) hereby are appropriated continuously for and shall be used by the director for the purpose of carrying out the duties and responsibilities imposed upon the department under ORS 446.003 to 446.200, 446.210, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to 446.756, and education and training programs pertaining thereto. [Formerly 456.890; 1989 c.683 §9; 1993 c.744 §91; 2001 c.710 §10; 2003 c.655 §75a]

Note: 455.230 and 455.240 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

455.240 Revenues from sales of building codes publications; use. (1) All revenues derived from the sale of publications of the Department of Consumer and Business Services relating to building codes shall be deposited in the Consumer and Business Services Fund.

(2) Moneys credited to the Consumer and Business Services Fund under subsection (1) of this section are continuously appropriated to the department for use as provided in ORS 455.022. [Formerly 456.910; 1993 c.744 §92; 2001 c.710 §11]

Note: See note under 455.230.

(Exemptions Generally)

455.310 Single-family residence repair and maintenance exempt from codes; exemption itemized. (1) It is not the purpose of this chapter to require that permits be obtained or fees be paid for repairs and maintenance that do not violate the intent of the structural and fire and life safety specialty provisions of the State of Oregon Structural Specialty Code and the Low-Rise Residential Dwelling Code, adopted pursuant to ORS 455.020 and 455.610, ORS chapter 476, ORS 479.015 to 479.200 and 479.210 to 479.220, when such repair or maintenance is done on a single-family residence, or a private garage, carport or storage shed that is accessory to a single-family residence.

(2) Items designated by the Director of the Department of Consumer and Business Services, with the advice of the Residential and Manufactured Structures Board, shall be exempt from permits and fees required under this chapter. The director shall, pursuant to ORS chapter 183, develop and maintain an applicable list of such exempt items, which shall include, but not be limited to, concrete slabs, driveways, sidewalks, masonry repair, porches, patio covers, painting, interior wall, floor or ceiling covering, nonbearing partitions, shelving, cabinet work, gutters, downspouts, small accessory buildings, door and window replacements, replacement or repair of siding and replacement or repair of roofing. In making the list of exempt items, the director shall further define the items on the list contained in this subsection so that no item which adversely affects the structural integrity of the dwelling shall be on the list. [Formerly 456.753 and then 456.915; 1993 c.744 §93; 2003 c.675 §26; 2009 c.567 §17]

455.312 Exemption from code of residential prefabricated structures for out-of-state delivery. (1) For a residential prefabricated structure manufactured in this state and intended for delivery in another state, the Director of the Department of Consumer and Business Services may not require that:

(a) The prefabricated structure conform to the state building code.

(b) An inspector provide plan approvals and inspections pursuant to ORS 455.715 to 455.740.

(c) A person licensed under ORS 479.630, 693.060 or 693.103 perform electrical or plumbing installations in the prefabricated structure.

(2) Nothing in subsection (1) of this section exempts a person that is renting, leasing, selling, exchanging, installing or offering for rent, lease, sale, exchange or installation a residential prefabricated structure from meeting the insignia of compliance or certification stamp requirements prescribed under ORS 455.705 if the prefabricated structure is delivered in or relocated to this state. [2005 c.310 §2; 2005 c.758 §42b]

Note: 455.312 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.315 Exemption of agricultural buildings, agricultural grading and equine facilities. (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 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.

(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.

(e) “Equine facility” does not 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. [Formerly 456.758 and then 456.917; 1995 c.783 §1; 2003 c.74 §1; 2005 c.288 §3]

455.320 Owner-built dwellings exempt from certain structural code provisions; recording of exemption. (1) As used in this section, unless the context requires otherwise:

(a) “Owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll which person has not taken advantage of the exemptions under subsection (2) of this section during the five years prior to applying for an exemption under this section.

(b) “Owner-built dwelling and outbuildings” means a single-family residence and adjacent auxiliary structures the structural components of which are constructed entirely by the owner who intends to occupy the structures or by that owner and friends and relatives of the owner assisting on an unpaid basis.

(2) Owner-built dwellings and outbuildings shall be exempt from any requirements of the structural code for ceiling heights, room sizes and the maintenance of specific temperature levels in those structures. The exemption shall apply to the new construction, renovation, remodeling or alteration of an owner-built dwelling or outbuilding.

(3) A building permit issued for an owner-built dwelling or outbuilding shall note whether the owner-built dwelling or outbuilding complies with the requirements it is exempted from under subsection (2) of this section. If the dwelling or other structure does not comply with these requirements, the owner-builder shall file a copy of the building permit with the county clerk, who shall make the permit a part of the permanent deed record of the property. The owner shall provide the county clerk with a description of the property sufficient if it were contained in a mortgage of the property to give constructive notice of the mortgage under the law of this state.

(4) Noncompliance with subsection (3) of this section shall not affect, in any manner, any conveyance of interest in property subject to this section. [Formerly 456.920]

(Exemptions in Rural Areas)

455.325 Definitions for ORS 455.325 to 455.350. As used in ORS 455.325 to 455.350, unless the context requires otherwise:

(1) “Owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll.

(2) “Owner-built dwelling and outbuildings” means a single-family residence and adjacent auxiliary structures the components of which, that are exempted from the structural code under ORS 455.330, are constructed entirely by the owner who intends to occupy the structures or by that owner and friends and relatives of the owner assisting on an unpaid basis.

(3) “Rural area” means any land in a county which is located outside city limits and any recognized urban growth boundaries under that county’s comprehensive plan and which are described by the ordinance allowed under ORS 455.330. [Formerly 456.925]