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

(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]

455.330 Counties authorized to exempt owner-built dwellings in rural areas from structural code. Notwithstanding ORS 455.040, a county may by ordinance:

(1) Exempt owner-built dwellings and outbuildings in any rural area within that county from compliance with the structural code, except as provided in ORS 455.340; and

(2) Establish maximum value or size limitations for structures exempted from the structural code under subsection (1) of this section. [Formerly 456.930]

455.335 Rural areas to be mapped; building permit issuance for exempt dwellings limited. (1) A county exempting owner-built dwellings and outbuildings in rural areas from the structural code under ORS 455.330 shall designate those rural areas upon publicly available maps of readable scale showing individual property lines.

(2) A county ordinance under ORS 455.330 shall provide that no person shall receive a building permit in that county for an exempt owner-built dwelling and outbuildings more than once every five years. [Formerly 456.935]

455.340 Code requirements to which exemption may not apply. No county shall exempt any building from requirements of the structural code relating to:

(1) Fire egress, fire retardant, smoke alarms and smoke detectors;

(2) Maximum bending stress allowed by the structural code for structural members; or

(3) Insulation and energy conservation. [Formerly 456.940; 1999 c.307 §22]

455.345 Permit, fee, plan check and inspection provisions apply; notice of noncompliance to owner-builder; recording of notice; notice to purchasers. (1) Permit, fee, plan check and inspection requirements required by ORS 455.210 shall apply to owner-built dwellings and outbuildings exempted from the structural code under ORS 455.330.

(2) Building officials or specialty code inspectors licensed under ORS 455.457 inspecting structures exempted from the structural code under ORS 455.325 to 455.350, shall:

(a) Require the owner-builder to comply with those structural code requirements listed under ORS 455.340; and

(b) Inform the owner-builder in writing of those items which fail to comply with code standards and are exempt from code standards and make that information part of the permanent inspection record on the structures.

(3) An owner-builder of a structure exempted from the structural code under ORS 455.325 to 455.350 shall file a notice with the county clerk who shall make the notice a part of the permanent deed record of the property. That notice shall contain the information provided to the owner-builder under subsection (2)(b) of this section and 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) Any person, or that person’s agent, selling an owner-built dwelling or outbuilding exempted from the structural code under ORS 455.325 to 455.350 shall notify each potential buyer of the existence, location and contents of the notice filed under subsection (3) of this section prior to any commitment to purchase the property. [Formerly 456.945; 1999 c.1045 §16; 1999 c.1082 §12]

455.350 Purchaser’s remedies. (1) An individual who purchases an owner-built dwelling or outbuilding exempted from the structural code under ORS 455.325 to 455.350 from an owner who has not complied with ORS 455.345 (3) or (4) shall have a cause of action against the seller, within two years of the date of making the sale contract, for actual damages, if any.

(2) Noncompliance with ORS 455.345 (3) or (4) shall not affect, in any manner, any conveyance of interest in property exempted from the structural code under ORS 455.330. [Formerly 456.950]

(Mercury Thermostats)

455.355 Rules governing mercury thermostats. (1) The Director of the Department of Consumer and Business Services shall, by rule:

(a) Prohibit the installation of thermostats that contain mercury in commercial and residential buildings. The director may not, under rules developed pursuant to this paragraph, prohibit the installation of thermostats that contain mercury on industrial equipment used for safety controls.

(b) Establish a uniform notification and process for disposal and delivery of mercury thermostats by persons installing heating, ventilation or air conditioning systems. Persons installing heating, ventilation or air conditioning systems shall dispose of mercury thermostats according to the process established pursuant to this paragraph.

(2) As used in this section, “thermostat” means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. [2001 c.924 §3]

Note: 455.355 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.

(Carbon Monoxide)

455.360 Carbon monoxide alarms. (1) As used in this section, “carbon monoxide alarm” has the meaning given that term in ORS 105.836.

(2) A carbon monoxide alarm is required in a structure that:

(a) Is new construction or that undergoes reconstruction, alteration or repair for which a building permit is required; and

(b) Is identified under the structural specialty code as a residential Group R structure.

(3) A carbon monoxide alarm required by this section must be installed in accordance with the manufacturer’s instructions and any applicable requirements of the state building code. [2009 c.591 §8]

Note: 455.360 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.

(Radon)

455.365 Radon mitigation standards. (1) The Building Codes Structures Board and the Residential and Manufactured Structures Board shall adopt design and construction standards for mitigating radon levels in new residential buildings that are identified under the structural specialty code as Group R-2 or R-3 buildings and new public buildings. In adopting the standards, the boards shall give consideration to any standards recommended by the United States Environmental Protection Agency for radon mitigation systems in buildings.

(2) The boards shall make the design and construction standards for mitigating radon levels applicable in:

(a) Baker, Clackamas, Hood River, Multnomah, Polk, Washington and Yamhill Counties; and

(b) Any county for which the boards, after consultation with the Oregon Health Authority, consider the standards appropriate due to local radon levels.

(3) The Director of the Department of Consumer and Business Services may authorize a municipality that administers and enforces one or more building inspection programs under ORS 455.148 or 455.150 to also administer and enforce any applicable standards for mitigating radon that are adopted by the boards.

(4) The director, in consultation with the boards, may adopt rules for the implementation, administration and enforcement of this section. [2010 c.83 §2]

Note: Section 4 (2), chapter 83, Oregon Laws 2010, provides:

Sec. 4. (2) The Department of Consumer and Business Services shall make the standards adopted by the boards under section 2 of this 2010 Act [455.365] applicable to Group R-2 and R-3 new residential buildings for which initial building permits are issued on or after April 1, 2011, and to new public buildings for which initial building permits are issued on or after April 1, 2013. [2010 c.83 §4(2)]

Note: 455.365 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.

(Farmworker Housing)

455.380 Department as final authority on farmworker housing; rules; fees. (1) Notwithstanding the provisions of ORS 455.148 and 455.150, the Department of Consumer and Business Services is the final authority in interpretation, execution and enforcement of state and municipal administration of building codes and rules with respect to construction of farmworker housing as defined in ORS 315.163.

(2) The department shall provide for a statewide uniform application and method of calculating permit fees for farmworker housing as defined in ORS 315.163.

(3) The department shall adopt rules to carry out the provisions of subsections (1) and (2) of this section. [1989 c.964 §§16,17; 2001 c.573 §11; 2001 c.613 §16; 2003 c.588 §17]

(Seismic Rehabilitation)

455.390 Definitions for ORS 455.020, 455.390, 455.395 and 455.400. As used in ORS 455.020, 455.390, 455.395 and 455.400:

(1) “Seismic rehabilitation” means construction of structural improvements to a building that result in the increased capability of the building to resist earthquake forces and that are based on standards adopted by the State of Oregon or by local governments.

(2) “Seismic rehabilitation agreement” means an agreement between a local government entity and a building owner pursuant to a seismic rehabilitation program for the phased completion of structural improvements to the owner’s building.

(3) “Seismic rehabilitation data” means data contained in any documents, reports, studies, test results, papers, files or other records that result from a seismic rehabilitation survey or are contained in a seismic rehabilitation agreement. “Seismic rehabilitation data” does not include data or reports required by ORS 455.447 or rules adopted pursuant thereto.

(4) “Seismic rehabilitation program” means any program enacted under an ordinance of a local government entity that provides for the seismic rehabilitation of buildings within the jurisdiction of the entity and authorizes the rehabilitation to be phased over a period of time not to exceed 10 years.

(5) “Seismic rehabilitation survey” means any investigation, survey, audit or other process for generating data from which the local government entity and the building owner may determine and agree upon the deficiencies that need to be addressed in a plan for the seismic rehabilitation of the owner’s building. [1995 c.400 §1]

Note: 455.390 to 455.400 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.

455.395 Admissibility of data or agreements as evidence; immunity from certain causes of action. (1) No seismic rehabilitation data or seismic rehabilitation agreement is admissible in evidence to prove negligence or culpable acts or omissions in connection with injury, death or loss that occurs in an owner’s building as a result of the failure of the building to adequately withstand a seismic event. Such data or agreements are considered privileged and are excluded from evidence admitted in any legal action for the recovery of damages arising from the building’s failure due to seismic activity.

(2) A person may not maintain a cause of action against a building owner for injury, death or loss that occurs in the owner’s building as a result of a failure of the building to adequately withstand a seismic event, provided the owner was in substantial compliance with the terms and conditions of a seismic rehabilitation agreement on the date of the seismic event.

(3) The provisions of subsection (2) of this section shall apply only for the period during which the seismic rehabilitation agreement is in effect. [1995 c.400 §2]

Note: See note under 455.390.

455.400 Effect of seismic rehabilitation provisions on exclusive remedy. Nothing in ORS 455.020, 455.390 and 455.395 and this section shall be construed as expanding or limiting the exclusive means by which subject workers and their beneficiaries are compensated for injury, death or disease arising out of and in the course of employment as provided in ORS chapter 656. [1995 c.400 §6]

Note: See note under 455.390.

(Educational Building Seismic Rehabilitation)

Note: Section 3, chapter 797, Oregon Laws 2001, provides:

Sec. 3. Subject to available funding, if a building evaluated under section 2 (4) of this 2001 Act is found by a board to pose an undue risk to life safety during a seismic event, the State Board of Higher Education, local school district board, community college board or education service district board, as appropriate, shall develop a plan for seismic rehabilitation of the building or for other actions to reduce the risk. For a board that is subject to ORS 291.224, the board’s plan to rehabilitate or take other action to reduce the seismic risk of a building must be included in the capital construction program of the board. A board that is subject to ORS 291.224 shall rank the relative benefit of projects to reduce seismic risk in comparison with other life safety and code requirement projects. Subject to availability of funding, all seismic rehabilitations or other actions to reduce seismic risk must be completed before January 1, 2032. If the building is listed on a national or state register of historic places or properties or is designated as a landmark by local ordinance, the plan for seismic rehabilitation or other action shall be developed in a manner that gives consideration to preserving the character of the building. [2001 c.797 §3]

(Acute Inpatient Care Facility, Fire Station and Police Station Seismic Rehabilitation)

Note: Section 3, chapter 798, Oregon Laws 2001, provides:

Sec. 3. Subject to available funding, if a building evaluated under section 2 (4) of this 2001 Act is found to pose an undue risk to life safety during a seismic event, the acute inpatient care facility, fire department, fire district or law enforcement agency using the building shall develop a plan for seismic rehabilitation of the building or for other actions to reduce the risk. Subject to available funding, all seismic rehabilitations or other actions to reduce the risk must be completed before January 1, 2022. If the building is listed on a national or state register of historic places or properties or is designated as a landmark by local ordinance, the plan for seismic rehabilitation or other actions shall be developed in a manner that gives consideration to preserving the character of the building. [2001 c.798 §3]

(Miscellaneous Provisions)

455.410 Relocated buildings; substantial compliance required; permits. (1) Existing buildings or structures which are removed from their foundation and relocated to another site within this state shall be in substantial compliance as defined in subsections (2) and (3) of this section.

(2) “Substantial compliance” means compliance with local construction codes in effect as of the original permit date of the building or structure, or where there was no permitting required at the time of original construction, with basic health and safety standards, as described in the closest dated Uniform Housing Code, as published by the International Conference of Building Officials as of the date of construction. Only the insulation, overhead and underneath the structure, shall be upgraded to the current insulation requirements of the state building code, or to the maximum extent possible subject to the design of the structure. Nothing in this statute shall be construed to mean that all heating, plumbing and electrical systems shall be replaced with systems meeting current standards for new construction, except that any life-threatening deficiencies in those systems shall be repaired, notwithstanding that the cost of rehabilitation may exceed 50 percent of the value of the structure before rehabilitation.

(3) All foundation and basement construction on the structure and any remodeling at the new location shall be constructed subject to all applicable local current building and safety codes, or where none exist, with the applicable standards as described in the Uniform Housing Code described in subsection (2) of this section.

(4) All moved houses shall be provided with either battery-operated or hard-wired smoke detection devices located in accordance with the provisions of the state building code.

(5) Nothing in this section is intended to permit any person to move a structure unless the person first consults the appropriate building inspection authority and obtains all required permits. [Formerly 456.756; 1989 c.1068 §1]

455.412 Review of state building code provisions regarding certain smoke alarms and smoke detectors; rules. (1) The Department of Consumer and Business Services shall amend the state building code as necessary for the purpose of reducing the frequency of false alarms from smoke alarms and smoke detectors. Rules adopted under this section shall be designed to address smoke alarms and smoke detectors in single family and multifamily dwellings, hotels and lodging houses and shall not apply to recreational vehicles, commercial vehicles, railroad equipment, aircraft, marine vessels and manufactured dwellings.

(2) As used in this section, “smoke alarm” and “smoke detector” shall have the meanings provided in ORS 479.250. [1999 c.307 §18]

455.415 Identification badges. (1) A person who is licensed by the State Plumbing Board or the Department of Consumer and Business Services pursuant to ORS 460.057, 460.059, 479.630, 479.910, 480.630, 693.060, 693.103 or 693.111 must wear and visibly display an identification badge indicating the person’s current license status while performing work for which the license is required. The authority that licenses the person shall specify the size and content of the identification badge and may establish such other specifications as the authority deems appropriate.

(2) Subsection (1) of this section does not apply if wearing or displaying the identification badge may create a danger to the public health or to the safety of the person or the public.

(3) This section does not require the display of a contractor or business license. [2003 c.675 §62; 2005 c.758 §21]

Note: 455.415 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.

455.420 Individual electric meters required in multifamily residential buildings; exceptions; standards. (1) Each individual dwelling unit in a multifamily residential building constructed after October 4, 1977, shall have installed a separate, individual electrical meter for each such dwelling unit except where a building inspector certified under ORS 455.715 to 455.740 determines that pursuant to standards adopted by the Director of the Department of Consumer and Business Services the installation of a single, central electrical meter for all the dwelling units in such building would facilitate an overall reduction in electrical consumption by such units.

(2) For the purpose of carrying out the provisions of subsection (1) of this section, the director, based on recommendations of the Residential and Manufactured Structures Board, shall adopt by rule standards for determining whether the installation of a single electrical meter for all dwelling units in a multifamily residential building facilitates an overall reduction in electrical consumption by such units. [Formerly 456.763; 1993 c.744 §94; 2003 c.675 §27; 2009 c.567 §18]

455.422 New construction; recycling containers. (1) Each multifamily residential dwelling with more than 10 individual residential units that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials.

(2) Each commercial building and each industrial and institutional building that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials.

(3) As used in this section, “commercial,” “recyclable material” and “solid waste” have the meanings given in ORS 459.005. [Formerly 215.620]

Note: 455.422 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.

455.425 Low-income elderly housing multiservice rooms required; standards; exceptions. (1) Any low-income housing for the elderly on which construction begins after January 1, 1978, and which is financed in whole or in part by federal or state funds shall contain a multiservice room adequate in size to seat all of the tenants.

(2) The Director of the Department of Consumer and Business Services shall adopt rules, in accordance with the applicable provisions of ORS chapter 183, establishing standards and specifications for low-income elderly housing multiservice rooms required under subsection (1) of this section. In development of standards and specifications, the director may take into account any standards or specifications established pursuant to any federal program under which the construction of such housing is funded.

(3) No housing described in subsection (1) of this section that contains 20 or fewer units is required to provide a multiservice room. [Formerly 456.772; 1991 c.67 §127]

455.430 Reciprocity for prefabricated structures. If the Director of the Department of Consumer and Business Services determines that the standards for prefabricated structures prescribed by statute, rule or regulation of another state are at least equal to the regulations prescribed under this chapter, and that such standards are actually enforced by such other state, the director may provide by regulation that prefabricated structures approved by such other state shall be deemed to have been approved by the director. [Formerly 456.880]

455.440 When site soil analysis required; filing of report and notice; duty of transferor of property; effect of failure to comply. (1) If a city, county or government agency requires a site soil analysis and site recommendation report as a condition of approval for issuance of a building permit for a residence for human habitation, and the analysis and report identify the presence of highly expansive soils, then prior to issuance of the building permit the city, county or government agency shall:

(a) Include a copy of that report with the construction plans filed with the building permit issuing agency; and

(b) Record, in the County Clerk Lien Record in the county in which the property is located, a notice containing:

(A) The legal description of the property; and

(B) An informational notice in substantially the following form:

______________________________________________________________________________

This property has been identified as having highly expansive soils. This condition may create special maintenance requirements. Before signing or accepting any instrument transferring title, persons acquiring title should check with the appropriate planning or building department.

______________________________________________________________________________

(2) No action may be maintained against a city, county or government agency for failing to meet the requirements of subsections (1) and (2) of this section.

(3) If a report described in subsections (1) and (2) of this section identifies the presence of highly expansive soils, the first transferor shall supply to the first transferee written suggestions for care and maintenance of the residence to address problems associated with highly expansive soils.

(4) If the first transferor violates the provisions of subsection (3) of this section, the first transferee shall have a cause of action to recover damages of $750 from the first transferor. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1989 c.1026 §§1,2,3; 1995 c.618 §71]

Note: 455.440 and 455.445 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.

455.445 Indoor air quality standards for public areas and office workplaces. (1) After considering the recommendations of the Indoor Air Pollution Task Force, and as expeditiously as possible, the Director of the Department of Consumer and Business Services shall adopt ventilation standards for public areas and office workplaces that are at least equivalent to the most recent, nationally recognized ventilation standards generally accepted and in use throughout the United States.

(2) The director shall adopt building codes and building product standards to protect the indoor air quality of private residences but only as necessary to address serious or unique indoor air quality problems in Oregon when federal statutes, regulations and national codes fail to address building product and building code related indoor air quality problems.

(3) As expeditiously as possible, the director shall consider for adoption the ventilation standards recommended by the Indoor Air Pollution Task Force. [1989 c.1070 §10]

Note: See note under 455.440.

455.446 Construction of certain facilities and structures in tsunami inundation zone prohibited; establishment of zone; rules; exceptions. (1)(a) New essential facilities described in ORS 455.447 (1)(a)(A), (B) and (G) and new special occupancy structures described in ORS 455.447 (1)(e)(B), (C) and (E) may not be constructed in the tsunami inundation zone established under paragraph (c) of this subsection. The provisions of this paragraph apply to buildings with a capacity greater than 50 individuals for every public, private or parochial school through secondary level and child care centers.

(b) The State Department of Geology and Mineral Industries shall establish the parameters of the area of expected tsunami inundation based on scientific evidence that may include geologic field data and tsunami modeling.

(c) The governing board of the State Department of Geology and Mineral Industries, by rule, shall determine the tsunami inundation zone based on the parameters established by the department. The board shall adopt the zone as determined by the department under paragraph (b) of this subsection except as modified by the board under paragraph (d) of this subsection.

(d) The board may grant exceptions to restrictions in the tsunami inundation zone established under paragraph (c) of this subsection after public hearing and a determination by the board that the applicant has demonstrated that the safety of building occupants will be ensured to the maximum reasonable extent:

(A) By addressing the relative risks within the zone.

(B) By balancing competing interests and other considerations.

(D) By considering mitigative terrain modification.

(e) The provisions of paragraph (a) of this subsection do not apply:

(A) To fire or police stations where there is a need for strategic location; and

(B) To public schools if there is a need for the school to be within the boundaries of a school district and fulfilling that need cannot otherwise be accomplished.

(f) All materials supporting an application for an exception to the tsunami inundation zone are public records under ORS 192.005 to 192.170 and must be retained in the library of the department for periods of time determined by its governing board.

(g) The applicant for an exception to the tsunami inundation zone established under paragraph (c) of this subsection shall pay any costs for department review of the application and the costs, if any, of the approval process.

(2) The definitions in ORS 455.447 apply to this section.

(3) The provisions of this section do not apply to water-dependent and water-related facilities, including but not limited to docks, wharves, piers and marinas.

(4) Decisions made under this section are not land use decisions under ORS 197.015 (10). [1995 c.617 §2; 2005 c.22 §329; 2007 c.354 §31]

Note: 455.446 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.

455.447 Regulation of certain structures vulnerable to earthquakes and tsunamis; rules. (1) As used in this section, unless the context requires otherwise:

(a) “Essential facility” means:

(A) Hospitals and other medical facilities having surgery and emergency treatment areas;

(B) Fire and police stations;

(C) Tanks or other structures containing, housing or supporting water or fire-suppression materials or equipment required for the protection of essential or hazardous facilities or special occupancy structures;

(D) Emergency vehicle shelters and garages;

(E) Structures and equipment in emergency-preparedness centers;

(F) Standby power generating equipment for essential facilities; and

(G) Structures and equipment in government communication centers and other facilities required for emergency response.

(b) “Hazardous facility” means structures housing, supporting or containing sufficient quantities of toxic or explosive substances to be of danger to the safety of the public if released.

(c) “Major structure” means a building over six stories in height with an aggregate floor area of 60,000 square feet or more, every building over 10 stories in height and parking structures as determined by Department of Consumer and Business Services rule.

(d) “Seismic hazard” means a geologic condition that is a potential danger to life and property that includes but is not limited to earthquake, landslide, liquefaction, tsunami inundation, fault displacement, and subsidence.

(e) “Special occupancy structure” means:

(A) Covered structures whose primary occupancy is public assembly with a capacity greater than 300 persons;

(B) Buildings with a capacity greater than 250 individuals for every public, private or parochial school through secondary level or child care centers;

(D) Medical facilities with 50 or more resident, incapacitated patients not included in subparagraphs (A) to (C) of this paragraph;

(E) Jails and detention facilities; and

(F) All structures and occupancies with a capacity greater than 5,000 persons.

(2) The Department of Consumer and Business Services shall consult with the Seismic Safety Policy Advisory Commission and the State Department of Geology and Mineral Industries prior to adopting rules. Thereafter, the Department of Consumer and Business Services may adopt rules as set forth in ORS 183.325 to 183.410 to amend the state building code to:

(a) Require new building sites for essential facilities, hazardous facilities, major structures and special occupancy structures to be evaluated on a site specific basis for vulnerability to seismic geologic hazards.

(b) Require a program for the installation of strong motions accelerographs in or near selected major buildings.

(c) Provide for the review of geologic and engineering reports for seismic design of new buildings of large size, high occupancy or critical use.

(d) Provide for filing of noninterpretive seismic data from site evaluation in a manner accessible to the public.

(3) For the purpose of defraying the cost of applying the regulations in subsection (2) of this section, there is hereby imposed a surcharge in the amount of one percent of the total fees collected under the structural and mechanical specialty codes for essential facilities, hazardous facilities, major structures and special occupancy structures, which fees shall be retained by the jurisdiction enforcing the particular specialty code as provided in ORS 455.150 or enforcing a building inspection program under ORS 455.148.

(4) Developers of new essential facilities, hazardous facilities and major structures described in subsection (1)(a)(E), (b) and (c) of this section and new special occupancy structures described in subsection (1)(e)(A), (D) and (F) of this section that are located in an identified tsunami inundation zone shall consult with the State Department of Geology and Mineral Industries for assistance in determining the impact of possible tsunamis on the proposed development and for assistance in preparing methods to mitigate risk at the site of a potential tsunami. Consultation shall take place prior to submittal of design plans to the building official for final approval. [1991 c.956 §12; 1995 c.79 §229; 1995 c.617 §1; 2001 c.573 §12]

Note: 455.447 was added to and made a part of 455.010 to 455.740 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.448 Entry and inspection of earthquake-damaged structures; warrant enforcement. (1) For the purposes of enforcement of this chapter the building inspector or any person appointed by the Department of Consumer and Business Services, after showing official identification and, if necessary, a warrant issued to the building owner or agent of the owner under subsection (2) of this section, may:

(a) Enter, at reasonable times, any property that is known to be damaged, or for which there are reasonable grounds to believe that the structure has been damaged, as a result of an earthquake.

(b) Inspect, at reasonable times, within reasonable limits and in a reasonable manner property that is known to be damaged, or for which there are reasonable grounds to believe that the structure has been damaged, as a result of an earthquake.

(2) If entry is refused, the building inspector or any duly appointed representative of the Department of Consumer and Business Services may appear before any magistrate empowered to issue warrants and request such magistrate to issue an inspection warrant, directing it to any peace officer, as defined in ORS 161.015 to enter the described property to remove any person or obstacle and assist the building inspector or representative of the department inspecting the property in any way necessary to complete the inspection. [Formerly 401.537]

Note: 455.448 and 455.449 were added to and made a part of 455.010 to 455.740 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

455.449 Unsafe condition resulting from earthquake damage; abatement of nuisance; rules. (1) All buildings or portions thereof which are determined after inspection by a building inspector or a representative of the Department of Consumer and Business Services to be in unsafe condition as a result of earthquake damage may be declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified by rules adopted by the agency.

(2) Any building declared to be in unsafe condition under subsection (1) of this section shall be made to comply with one of the following:

(a) The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair;

(b) The building shall be demolished if the owner of the building consents; or

(c) The building may be vacated, secured and maintained against entry if the building does not constitute an immediate danger to the life, limb, property or safety of the public.

(3) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, the Department of Consumer and Business Services or representative of the department shall order it to be vacated.

(4) If the structure, in whole or in part, is listed on or is eligible for listing on the National Register of Historic Places, established and maintained under the National Historic Preservation Act of 1966 (P.L. 89-665), or if the National Register of Historic Places ceases accepting nominations, is approved for listing on an Oregon register of historic places, or is a locally designated landmark protected by ordinance against demolition without due process, alternative compliance with the provisions of subsection (2)(a) and (c) of this section shall be allowed if the repaired or rehabilitated building is no more hazardous than it would be if repaired or rehabilitated in accordance with (2)(a) of this section. [Formerly 401.539]

Note: See note under 455.448.

(Prohibited Acts)

455.450 Prohibited acts. A person may not:

(1) Violate, or procure or assist in the violation of, any final order of the Director of the Department of Consumer and Business Services, an advisory board, a state administrative officer or any local appeals board, building official or inspector, concerning the application of the state building code in a particular case or concerning a license, certificate, registration or other authorization.

(2) Engage in, or procure or assist any other person to engage in, any conduct or activity for which a permit, label, license, certificate, registration or other formal authorization is required by any specialty code, any 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, or any rule adopted or order issued for the administration and enforcement of those provisions, without first having obtained such permit, label, license, certificate, registration or other formal authorization.

(3) Violate, or procure or assist in the violation of, any standard, specification, requirement, prohibition or other technical provision set forth in the state building code or an applicable local building code or in any rule or order of the Department of Consumer and Business Services, an advisory board, a local governing body or local building official. [Formerly 456.885 (1); 2007 c.306 §3]

(Specialty Code Inspection and Building Plan Review)

455.455 Building inspection and plan review; license required; exception. (1)(a) A person may not employ an individual to perform specialty code inspections in any specialty area unless the individual has a license issued in that specialty area under ORS 455.457.

(b) A person may not engage in specialty code inspections without having a license issued under ORS 455.457 in the specialty area for which the inspection is provided.

(c) A person may not employ an individual to perform plan reviews unless the individual has a license issued under ORS 455.457.

(d) A person may not engage in reviewing plans without having a license issued under ORS 455.457.

(2) The requirements in subsection (1) of this section do not apply to a person who is an employee of the state or of a municipality. [1999 c.1045 §2]

Note: 455.455 to 455.465, 455.467 and 455.469 to 455.477 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.

455.457 Licensing specialty code inspectors and plan reviewers; rules; contents. In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services by rule shall establish a licensing system for persons that perform specialty code inspections or plan reviews and for businesses that employ persons that perform specialty code inspections or plan reviews. Such a system shall include but not be limited to the following provisions:

(1) Prescribing the form and content of and the times and procedures for submitting an application for the issuance or renewal of a license.

(2) Prescribing the terms of the licenses and the fees for the original issue and renewal in amounts that do not exceed the cost to the Department of Consumer and Business Services of administering the licensing system.

(3) Prescribing the requirements for and the manner of testing the competency of applicants for the protection of the public health and safety.

(4) Prescribing the amounts and conditions of bonds and liability insurance.

(5) Setting forth those actions or circumstances that constitute failure to achieve or maintain licensing competency or that otherwise constitute a danger to the public health or safety and for which the director may refuse to issue or renew or may suspend or revoke a license or impose a civil penalty. [1999 c.1045 §3]

Note: See note under 455.455.

455.459 Specialty code inspection and plan review; conflict of interest. (1) A person shall not inspect or review any project or installation in which the person, employer of the person or relative of the person has any financial interest or business affiliation. A person designated under ORS 455.465 (1)(a) may not perform both the inspection and plan review for the same project or installation. A municipality or the state shall perform either the inspection, the plan review, or both.

(2) For purposes of this section, “relative” has the meaning given that term in ORS 95.200. [1999 c.1045 §4]

Note: See note under 455.455.

455.461 Specialty code inspectors and plan reviewers; quality control; rules. (1) The Director of the Department of Consumer and Business Services, by rule, shall develop quality control procedures for the activities of specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers licensed under ORS 455.457. These procedures shall include but are not limited to random sampling of the work of such persons and businesses.

(2) The Director of the Department of Consumer and Business Services shall appoint by rule a chief inspector for each specialty code under this chapter. [1999 c.1045 §7]

Note: See note under 455.455.

455.463 Specialty code inspection and plan review; department enforcement authority; investigation. (1) In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under this chapter and ORS chapters 447 and 479, with respect to specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers licensed under ORS 455.457, if the director has reason to believe that there is a failure to enforce or there is a violation of any provision of this chapter or ORS chapters 447 and 479 or any rule adopted thereunder, the director may:

(a) Examine building code activities of specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers;

(b) Take sworn testimony; and

(c) With the authorization of the office of the Attorney General, subpoena persons and records to obtain testimony on official actions that were taken or omitted or to obtain documents otherwise subject to public inspection under ORS 192.410 to 192.505.

(2) The investigative authority authorized by subsection (1) of this section covers violations or omissions by specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers licensed under ORS 455.457 related to enforcement of codes or administrative rules, licensing of inspectors or financial transactions. [1999 c.1045 §8]

Note: See note under 455.455.

455.465 Department and municipalities to designate persons licensed to conduct specialty code inspection and plan review; fees; exception. (1) In administering a building inspection program, the Department of Consumer and Business Services or a municipality shall:

(a) Designate at least three persons licensed under ORS 455.457 from whom the department or municipality will accept plan reviews; or

(b) Contract with a person licensed under ORS 455.457 and may include as a term of the contract a process for collection of plan review fees.

(2) For plan reviews conducted under subsection (1) of this section, the department or a municipality may:

(a) Establish the process for collecting fees from a person licensed under ORS 455.457; and

(b) Collect an administrative fee as provided in ORS 455.210.

(3) The provisions of ORS 279C.100 to 279C.125 and 279C.300 to 279C.470 and ORS chapters 279A and 279B, except ORS 279B.235, do not apply to a personal services contract between the department or a municipality and a person licensed under ORS 455.457. [1999 c.1045 §20; 2003 c.794 §284]

Note: See note under 455.455.

455.466 Rapid approval assessment for essential projects. (1) As used in this section, “essential project” means a:

(a) State owned or operated development;

(b) Development of industries in the traded sector as defined in ORS 285A.010 for structures more than 100,000 square feet in size;

(c) Project in an industrial site listed by the Oregon Business Development Department as ready for development and for which the project construction totals more than 100,000 square feet in size; or

(d) Development designated by the Director of the Oregon Business Development Department as essential to the economic well-being of the state.

(2) Notwithstanding any municipal building inspection program under ORS 455.148 or 455.150, an applicant for a building permit for an essential project or the municipality having jurisdiction over an essential project may request in writing that the Department of Consumer and Business Services administer and enforce the state building code for the project.

(3) Upon receipt by the Department of Consumer and Business Services of a written request under this section, the Director of the Department of Consumer and Business Services shall assemble a rapid approval assessment team consisting of such department employees and other persons as the director considers appropriate. The purpose of the rapid approval assessment team shall be to provide assistance and advice to the director.

(4) The Director of the Department of Consumer and Business Services, in consultation with the rapid approval assessment team, shall determine whether adequate resources are available to ensure that an essential project may proceed in a timely, consistent and flexible manner. In determining the availability of resources under this subsection, the director and the rapid approval assessment team shall give first consideration to the availability of municipal resources. If the director determines that municipal resources may be inadequate for the essential project, the director may consider whether state resources or a combination of municipal and state resources is available to ensure that the essential project may proceed in a timely, consistent and flexible manner. A determination by the director under this subsection is not appealable.

(5) The Director of the Department of Consumer and Business Services may take all actions that the director considers reasonable and necessary to ensure that an essential project may proceed in a timely, consistent and flexible manner, including but not limited to:

(a) Establishing policies, procedures and rules as necessary;

(b) Working directly with local municipalities and other state agencies to resolve conflicts and disputes related to the state building code;

(d) Developing agreements;

(e) Developing site-specific dispute resolution and appeals related to state building code requirements;

(f) Expediting, coordinating or providing building inspection program plan review, permitting and inspection services;

(g) Assisting a municipality or seeking assistance from a municipality; and

(h) Establishing fees to cover the cost of provided services. [2003 c.369 §2]

Note: 455.466 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.

455.467 Timelines for approval or disapproval of certain specialty code building plans; exceptions; phased permit systems; failure to adhere to timelines. (1) Except as provided in subsection (2) of this section, for specialty code plan reviews of simple low-rise residential dwellings, the Department of Consumer and Business Services or a municipality that administers a building inspection program under ORS 455.148 or 455.150 shall approve or disapprove the specialty code building plan:

(a) For a jurisdiction with a population that is less than 300,000, within 10 business days of receiving a complete application, or shall implement the process described in ORS 455.465.

(b) For a jurisdiction with a population that is 300,000 or more, within 15 business days of receiving a complete application, or shall implement the process described in ORS 455.465.

(2) The 10-day and 15-day requirements in subsection (1) of this section do not apply if:

(a) The plan requires approval by federal, state or local agencies outside the jurisdiction of the issuing agency;

(b) The plan is for a complex structure that requires additional review as determined by the department or municipality; or

(c) Based on conditions that exist in the affected municipality, the Director of the Department of Consumer and Business Services authorizes a different plan review schedule as described in a building inspection program submitted under ORS 455.148 or 455.150.

(3) For specialty code plan reviews of commercial structures, a municipality shall include in its building inspection program submitted under ORS 455.148 or 455.150 a process for plan review services. The municipality shall include in its program detailed reasons supporting the proposed plan review process. The plan review services provided by the municipality shall:

(a) Allow an applicant to defer the submittal of plans for one or more construction phases for a commercial construction project in accordance with the state building code; and

(b) Allow an applicant to receive permits for each of the phases of a commercial construction project as described in the state building code when the plan review for that phase is approved.

(4) For a phased commercial construction project as described in subsection (3) of this section, the municipality shall inform the applicant of the detailed plans necessary for each phase of the project and the estimated time for initial and phased review of the building plans for conformance with the state building code.

(5) An applicant submitting plans under subsection (3) of this section is responsible for ensuring that the project meets all specialty code requirements and that the project does not proceed beyond the level of approval authorized by the building official.

(6) A municipality that repeatedly fails to meet the plan review period described in this section or otherwise authorized in its building inspection program submitted under ORS 455.148 or 455.150 shall be considered to be engaging in a pattern of conduct of failing to provide timely plan reviews under ORS 455.160. [1999 c.1045 §21; 2001 c.384 §1; 2001 c.573 §13; 2003 c.675 §28]

Note: See note under 455.455.

455.468 Electronic submission of application materials. A transaction conducted through a state or local system or network that provides electronic access to building codes information and services is exempt from any requirement under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945 and 480.510 to 480.670 and ORS chapters 447, 455, 460 and 693, or rules adopted thereunder, requiring a signature or the submission of handwritten materials. [2003 c.336 §3]

Note: 455.468 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.

455.469 Municipal building inspection program to include certain policies and ordinances. A municipality shall add to and make a part of its building inspection program under ORS 455.148 or 455.150 the policies and ordinances adopted by the municipality to implement ORS 455.465 and 455.467. [1999 c.1045 §22; 2001 c.573 §14]

Note: See note under 455.455.

455.471 Specialty code inspection and plan review fee authority; disposition of certain fee amounts. (1) Fee amounts shall not be established by the Director of the Department of Consumer and Business Services or any municipality for fees charged by persons licensed under ORS 455.457.

(2) Fees charged by a person licensed under ORS 455.457 shall include a surcharge equal to the percentage amounts established for municipalities under ORS 455.210 (4)(a) and (b) and 455.220 (1). The surcharges shall be remitted quarterly to the department to partially defray the department’s administration, inspection and training costs incurred pursuant to ORS 455.455, 455.457, 455.461 and 455.463. Funds received by the department under this section shall be deposited in the Consumer and Business Services Fund created by ORS 705.145. [1999 c.1045 §6; 2007 c.69 §7]

Note: See note under 455.455.

455.473 Disposition of certain fees received by department. All moneys received by the Department of Consumer and Business Services pursuant to ORS 455.457 and 455.471 shall be paid into the State Treasury and credited to the appropriate specialty code account under this chapter or ORS 479.510 to 479.945. All moneys deposited in the accounts under this section are continuously appropriated to the department to carry out the provisions of ORS 455.455 to 455.463, 455.471, 455.473, 455.477 and 455.897 and section 10, chapter 1045, Oregon Laws 1999. [1999 c.1045 §5; 2003 c.14 §283]

Note: See note under 455.455.

455.475 Appeal of decision of building official. A person aggrieved by a decision made by a building official under authority established pursuant to ORS 455.148, 455.150 or 455.467 may appeal the decision. The following apply to an appeal under this section:

(1) An appeal under this section shall be made first to the appropriate specialty code chief inspector of the Department of Consumer and Business Services. The decision of the department chief inspector may be appealed to the appropriate advisory board. The decision of the advisory board may only be appealed to the Director of the Department of Consumer and Business Services if codes in addition to the applicable specialty code are at issue.

(2) If the appropriate advisory board determines that a decision by the department chief inspector is a major code interpretation, then the inspector shall distribute the decision in writing to all applicable specialty code public and private inspection authorities in the state. The decision shall be distributed within 60 days after the board’s determination, and there shall be no charge for the distribution of the decision. As used in this subsection, a “major code interpretation” means a code interpretation decision that affects or may affect more than one job site or more than one inspection jurisdiction.

(3) If an appeal is made under this section, an inspection authority shall extend the plan review deadline by the number of days it takes for a final decision to be issued for the appeal. [1999 c.1045 §23; 2001 c.573 §15]

Note: See note under 455.455.

455.477 Requirement for suit filed by licensed specialty code inspector or plan reviewer. A person carrying on, conducting or transacting specialty code inspections or plan reviews or a business employing specialty code inspectors or plan reviewers may not maintain any suit or action relating to specialty code inspections or plan reviews in any of the courts of this state without alleging and proving that the person or business was licensed under ORS 455.457 at the time of performing such work. [1999 c.1045 §11]

Note: See note under 455.455.

455.479 Application to specialty inspections identified by department. Nothing in ORS 455.455 to 455.477 and 455.897 and section 10, chapter 1045, Oregon Laws 1999, applies to special inspections as described in each specialty code as adopted by the Director of the Department of Consumer and Business Services. [1999 c.1045 §27]

Note: 455.479 and 455.481 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.

455.481 Application to inspection and plan review for prefabricated structures. Nothing in ORS 455.455, 455.457, 455.459, 455.461, 455.467, 455.475 or 455.477 is intended to limit, supersede or otherwise affect the rights, obligations or professional activities of an inspector engaged in the business of providing prefabricated structure plan approvals and inspections, as defined in ORS 455.715, pursuant to ORS 455.715 to 455.740. [1999 c.1045 §28]

Note: See note under 455.479.

455.483 Electrical and plumbing code plan review; rules. (1) The Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt rules to make electrical code plan review mandatory only for complex structures located in jurisdictions that offer electrical code plan review services.

(2) The department shall adopt rules to make plumbing code plan review mandatory only for complex structures located in jurisdictions that offer plumbing code plan review services.

(3) Notwithstanding any rules adopted pursuant to subsections (1) and (2) of this section, an owner of a complex structure or the owner’s agent may request and receive plan review and inspections for any electrical and plumbing materials and installations that are subject to the state building code. [2003 c.367 §5; 2005 c.661 §1]

Note: 455.483 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.

ENERGY CONSERVATION

(Generally)

455.490 Legislative findings. The Legislative Assembly finds and declares that:

(1) The use of a consensus-based expedited review system for the uniform statewide adoption, implementation, application and enforcement of certain state building code requirements to promote energy efficiency and energy conservation will facilitate and expedite compliance with those state building code requirements by providing a comprehensive source for interpretation of requirements that integrate elements affecting a variety of specialty codes.

(2) The establishment of a Construction Industry Energy Board as an advisory board to the Department of Consumer and Business Services is an appropriate means for furthering the goal of facilitating and expediting state building code compliance related to energy efficiency and energy conservation.

(3) The creation of a Construction Industry Energy Board will improve state building code compliance with regard to energy efficiency and energy use standards by creating an additional body empowered to enforce those standards.

(4) The reorganization of certain existing advisory boards and the realignment of code enforcement responsibilities will enable the Department of Consumer and Business Services to more effectively ensure compliance with state building code specialty codes by increasing the focus of appropriate technical expertise, making the advisory boards more responsive to inquiries regarding code requirements and streamlining code enforcement responsibilities. [2009 c.567 §1]

Note: 455.490 to 455.496 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.

455.492 Construction Industry Energy Board. (1) There is established a Construction Industry Energy Board, consisting of seven members. The membership shall consist of the following:

(a) Two members selected by the Electrical and Elevator Board from the members of the Electrical and Elevator Board who have practical experience in the electric industry.

(b) Two members selected by the Residential and Manufactured Structures Board from the members of the Residential and Manufactured Structures Board who have practical experience in the residential structure industry or manufactured structure industry.

(c) Two members selected by the Building Codes Structures Board from the members of the Building Codes Structures Board who have practical experience in construction.

(d) One member who is an employee or officer of the State Department of Energy appointed by the Director of the State Department of Energy.

(2) The Construction Industry Energy 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 those positions as the board determines.

(3) Except as provided in ORS 455.496 (2), a majority of the members of the board constitutes a quorum for the transaction of business.

(4) A member of the board is not entitled to compensation, but at the discretion of the director may be reimbursed from funds available to the Department of Consumer and Business Services for actual and necessary travel and other expenses incurred by the member in the performance of the member’s official duties in the manner and amount provided in ORS 292.495. [2009 c.567 §2; 2009 c.567 §12; 2011 c.272 §22]

Note: See note under 455.490.

455.496 Standards relating to energy use and energy efficiency aspects of specialty codes; rules; enforceability. (1) The Construction Industry Energy Board may evaluate and approve or disapprove proposed state building code standards relating to the energy use and energy efficiency aspects of the electrical, structural, prefabricated structure and low-rise residential specialty codes. The proposed standards evaluated by the board may include, but need not be limited to, standards regarding energy-conserving technology, construction methods, products and materials. The board shall forward any proposed standards recommended by the board to the Director of the Department of Consumer and Business Services for adoption or rejection by the director.

(2) Approval by five or more board members is required in order to recommend adoption of an energy construction standard to the director. If the standard relates to a specialty code that is administered by an advisory board described in ORS 455.492 (1)(a) to (c), the Construction Industry Energy Board may not recommend the standard to the director unless all of the Construction Industry Energy Board members who are members of the advisory board that administers that specialty code approve of recommending the standard.

(3) Notwithstanding any provision of ORS chapter 446 or 455 or ORS 479.510 to 479.945 or 479.950, the director may adopt or reject a proposed standard recommended by the Construction Industry Energy Board without further consultation of an advisory board. No later than 30 days after the director receives the proposed standard, the director shall initiate a process for considering the approval or rejection of the recommended proposed standard. If the director approves the standard, the director shall file the standard with the Secretary of State under ORS 183.335 as a rule amending the state building code.

(4) The Construction Industry Energy Board shall identify and give notice to the director of the specialty codes that are affected by a recommended proposed standard. If the director adopts the standard as a rule, the rule shall be enforceable as a specialty code provision administered by the board and enforceable by any appropriate advisory board as a provision of the code administered by that advisory board. [2009 c.567 §3]

Note: See note under 455.490.

455.500 Reach Code; applicability; amendment. (1) The Director of the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, shall adopt, amend and administer a code separate from the state building code, to be known as the Reach Code. The director shall design the code to increase energy efficiency in buildings that are newly constructed, reconstructed, altered or repaired.

(2) The Reach Code shall be a set of statewide optional construction standards and methods that are economically and technically feasible, including any published generally accepted codes and standards newly developed for construction or for the installation of products, equipment and devices. When adopting or amending the code, the director, in consultation with the appropriate advisory boards, shall:

(a) Review generally accepted codes and standards that achieve greater energy efficiency than the energy efficiency required by the state building code; and

(b) Review technical components of generally accepted construction documents as the director considers necessary to address federal, state and local financial incentives and advances in construction methods, standards and technologies.

(3) When amending the state building code under ORS 455.030, the director shall consider whether any of the standards and methods contained in the Reach Code should be removed from the Reach Code and adopted in the state building code.

(4) The inclusion of a standard or method for construction or for the installation of products, equipment or devices in the Reach Code:

(a) Does not alter any licensing or certification requirements under ORS 446.003 to 446.200, 446.225 to 446.285, 447.010 to 447.156, 460.005 to 460.175, 479.510 to 479.945 or 480.510 to 480.670 or this chapter or ORS chapter 693 or Department of Consumer and Business Services rules;

(b) Exempts products, equipment and devices from product certification requirements under ORS 447.010 to 447.156 and 479.510 to 479.945 and the state building code; and

(c) Requires that a municipality administering and enforcing a building inspection program under ORS 455.148 or 455.150 must recognize and accept the standard, method, installation, product, equipment or device if a person applies to construct, reconstruct, alter or repair a building in conformance with the Reach Code. [2009 c.750 §5]

Note: 455.500 to 455.511 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.

455.505 Uniform energy conservation standards; rules. The Director of the Department of Consumer and Business Services, subject to the approval of the appropriate advisory boards, shall adopt rules establishing uniform energy conservation standards for inclusion under the state building code. The director shall design the energy conservation standards to increase energy efficiency in buildings that are newly constructed, reconstructed, altered or repaired. The director shall periodically review the energy conservation standards of the state building code and propose updates to the standards as the director considers necessary to reflect changing technology in energy efficiency and to encourage continual improvements in building energy efficiency in accordance with ORS 455.511. In reviewing the energy conservation standards, the director shall consider the target standards described in the Architecture 2030 organization’s 2030 Challenge and may consider other available nationally recognized energy conservation standards. [2009 c.750 §6]

Note: See note under 455.500.

455.510 [Formerly 456.730; repealed by 1993 c.744 §41]

455.511 State Building Code energy efficiency goals and standards. (1) As used in this section, “energy efficiency” means the use of construction and design standards, construction methods, products, equipment and devices to increase efficient use of, and reduce consumption of, electricity, natural gas and fossil fuels in buildings undergoing new construction, reconstruction, alteration or repair.

(2) The Director of the Department of Consumer and Business Services, after consultation with the State Department of Energy and subject to the approval of the appropriate advisory boards, shall adopt amendments to the state building code under ORS 455.030 to increase energy efficiency in buildings that are newly constructed, reconstructed, altered or repaired. In adopting the amendments, the director shall consider generally accepted model codes, products and product standards, the Reach Code adopted under ORS 455.500 and other available data to evaluate codes and standards that promote energy efficiency in buildings.

(3) The director, in consultation with the appropriate advisory boards, shall develop a schedule for the periodic review of energy efficiency standards and shall establish goals for increasing the level of energy conservation achieved by the use of energy efficiency standards contained in the state building code and the Reach Code. In establishing goals and the schedule for periodic review of standards under this section, the director shall consider the publication schedule of generally accepted construction codes and standards. If the director determines that the adopted review schedule or energy efficiency goals are not practicable for economic or technical reasons, the director may amend the schedule or goals as the director considers appropriate. [2009 c.750 §7]

Note: See note under 455.500.

455.520 [Formerly 456.735; repealed by 1993 c.744 §41]

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. (1) In the manner provided in ORS chapter 183 for the adoption of rules and after consideration of available technology and costs, the Building Codes Structures Board and the Residential and Manufactured Structures Board, or the Construction Industry Energy Board, may make recommendations to the Director of the Department of Consumer and Business Services for the establishment of basic and uniform performance standards to provide maximum energy conservation and use of passive solar energy in the design, construction, reconstruction, alteration and repair of buildings and other structures. Such standards shall be submitted to the Director of the Department of Consumer and Business Services for proposed inclusion in the state building code by the Building Codes Structures Board or the Residential and Manufactured Structures Board as provided by ORS 455.030 (4) or by the Construction Industry Energy Board as provided under ORS 455.496.

(2) Any testing requirements adopted under subsection (1) of this section do not apply to fenestration products that are for use within residential structures if the fenestration products are:

(a) Used in the creation of sunrooms and solariums and constructed with a minimum of a one-half inch space between the panes; or

(b) Fenestration products used as skylights that constitute no more than 10 percent of the total glazing used in any dwelling unit.

(3) The Residential and Manufactured Structures Board or the Construction Industry Energy Board shall develop, for adoption by the director, default thermal performance values for residential fenestration products that are produced in low volume. Any testing requirements adopted under subsection (1) of this section or ORS 455.020, 455.030 or 455.496 do not apply to residential fenestration products that are produced in low volume.

(4) Fenestration products manufactured for use as skylights that are subject to the provisions of subsection (1) of this section and have frames that are wood, thermal break aluminum or aluminum with vinyl shall be deemed to meet any performance standards included in the state building code when the following glazing configurations are used:

(a) A minimum one-half inch space between the panes and low-e (emissivity) glass; or

(b) Triple-layered acrylic.

(5) Regulations relating to the use and conservation of energy adopted pursuant to ORS 455.020 (2) shall be reviewed by the Building Codes Structures Board and the Residential and Manufactured Structures Board or by the Construction Industry Energy Board. [Formerly 456.740; 1993 c.744 §95; 1993 c.782 §1; 1999 c.59 §128; 2003 c.675 §29; 2009 c.567 §§5,19]

455.530 Authority to receive money and to contract. The Building Codes Structures Board and the Residential and Manufactured Structures Board, or the Construction Industry Energy Board, may:

(1) Apply for and receive moneys from any person, from the federal government, from this state or from any state agency or department.

(2) Contract with any public agency for the performance of services or the exchange of employees or services by one to the other necessary in carrying out the purposes of ORS 455.525 and this section. [Formerly 456.745 and then 456.742; 2003 c.675 §30; 2009 c.567 §§6,20]

(Energy Conservation Standards for Public Buildings)

455.560 Definitions for ORS 455.560 to 455.580. As used in ORS 455.560 to 455.580, unless the context requires otherwise:

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

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

(3) “Person” means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people’s utility district, or any other entity, public or private, however organized.

(4) “Public buildings” means any building, including outdoor area adjacent thereto, which is open to the public during normal business hours, except exempted buildings. Each of the following is a public building within the meaning of ORS 455.560 to 455.580, unless it or any portion thereof is exempted by rule or order pursuant to ORS 455.570 (2), (3) and (4):

(a) Any building which provides facilities or shelter for public assembly, or which is used for educational, office or institutional purposes;

(b) Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retails merchandise;

(d) Any building owned by the state or political subdivision thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas and university buildings. [Formerly 456.746; 1993 c.744 §96]

455.565 Purpose of ORS 455.560 to 455.580. It is the purpose of ORS 455.560 to 455.580 to promote, encourage and require measures to conserve energy in public buildings. [Formerly 456.744]

455.570 Maximum lighting standards for new public buildings; exemptions. (1) After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in this chapter, shall establish maximum lighting standards for public buildings constructed on or after July 1, 1978. Such standards may distinguish between type of design, the uses to which buildings are put, location, age or any other applicable classification.

(2) Such standards shall allow for:

(a) Differences in lighting levels within public buildings for special areas and uses, including but not limited to hospital, drafting room, and advertising display, and for other areas and activities requiring special illumination.

(b) The interaction between lighting and heating systems.

(3) The director may by rule or order exempt from the maximum lighting standards, new public buildings or portions thereof that:

(a) Are of insufficient size to warrant maximum lighting standard regulations;

(b) Should be allowed a specific period of time before compliance with maximum lighting standards is required;

(d) Are not open to the public during normal business hours;

(e) Are impractical to regulate, based upon unique design; or

(f) Would not be benefited by regulation, based upon the insignificant amount of energy possible to conserve.

(4) Any person subject to ORS 455.560 to 455.580 may apply to the director for an exemption under this section. [Formerly 456.747; 2009 c.567 §7]

455.573 Outdoor shielded lighting fixtures; waiver by municipality. (1) Public buildings constructed on or after January 1, 2010, or on which outdoor lighting fixtures attached to the building are replaced on or after January 1, 2010, shall have installed to the greatest practicable extent shielded lighting fixtures for outdoor use.

(2) Notwithstanding ORS 455.020 and 455.040, a municipality may enact an ordinance or resolution that meets or exceeds the requirements established under subsection (1) of this section.

(3) If a municipality determines that the use of shielded lighting is not practical for a public building because of the historical character of the building or for other reasons, the municipality may waive the requirements for the use of shielded lighting established under this section.

(4) As used in this section, “shielded lighting” means a lighting fixture that has a covering or is designed to ensure that direct or indirect light rays emitted from the fixture are projected below a horizontal plane running through the lowest light-emitting point of the fixture. [2009 c.588 §6]

455.575 Advisory lighting standards for public buildings constructed before July 1, 1978. After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in ORS chapter 183, shall establish advisory maximum lighting standards for public buildings constructed before July 1, 1978, based on the factors set forth in ORS 455.570. [Formerly 456.748; 2009 c.567 §8]

455.580 Status of powers of director. The powers and duties given the Director of the Department of Consumer and Business Services by ORS 455.560 to 455.580 shall be in addition to, and not in derogation of, all other powers, duties and responsibilities vested in the director. [Formerly 456.749]

455.595 Energy Efficient Construction Account. The State Treasurer is authorized to establish an Energy Efficient Construction Account for the purpose of providing energy engineering and technical assistance studies to state and other public buildings. Moneys credited to this account from payments for energy engineering or technical assistance studies and other revenues as authorized by the appropriate legislative review agency are continuously appropriated for the payment of these expenses. [1987 c.206 §6]

Note: 455.595 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.

LOW-RISE RESIDENTIAL DWELLING CODE

455.610 Low-Rise Residential Dwelling Code; adoption; changes; compatibility of other codes; alternative methods of construction; rules. (1) The Director of the Department of Consumer and Business Services shall adopt, and amend as necessary, a Low-Rise Residential Dwelling Code that contains all requirements, including structural design provisions, related to the construction of residential dwellings three stories or less above grade. The code provisions for plumbing and electrical requirements must be compatible with other specialty codes adopted by the director. The Electrical and Elevator Board, the Mechanical Board and the State Plumbing Board shall review, respectively, amendments to the electrical, mechanical or plumbing provisions of the code.

(2) Changes or amendments to the code adopted under subsection (1) of this section may be made when:

(a) Required by geographic or climatic conditions unique to Oregon;

(b) Necessary to be compatible with other statutory provisions;

(d) Necessary to authorize the use of building materials and techniques that are consistent with nationally recognized standards and building practices.

(3) Notwithstanding ORS 455.030, 455.035, 455.110 and 455.112, the director may, at any time following appropriate consultation with the Mechanical Board or Building Codes Structures Board, amend the mechanical specialty code or structural specialty code to ensure compatibility with the Low-Rise Residential Dwelling Code.

(4) The water conservation provisions for toilets, urinals, shower heads and interior faucets adopted in the Low-Rise Residential Dwelling Code shall be the same as those adopted under ORS 447.020 to meet the requirements of ORS 447.145.

(5) The Low-Rise Residential Dwelling Code shall be adopted and amended as provided by ORS 455.030 and 455.110.

(6) The director, by rule, shall establish uniform standards for a municipality to allow an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code in areas where the local jurisdiction determines that the fire apparatus means of approach to a property or water supply serving a property does not meet applicable fire code or state building code requirements. The alternate method of construction, which may include but is not limited to the installation of automatic fire sprinkler systems, must be approved in conjunction with the approval of an application under ORS 197.522.

(7) For lots of record existing before July 2, 2001, or property that receives any approval for partition, subdivision or construction under ORS 197.522 before July 2, 2001, a municipality allowing an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code may apply the uniform standards established by the director pursuant to subsection (6) of this section. For property that receives all approvals for partition, subdivision or construction under ORS 197.522 on or after July 2, 2001, a municipality allowing an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code must apply the uniform standards established by the director pursuant to subsection (6) of this section. [1987 c.604 §2; 1991 c.366 §1; 1991 c.558 §1; 1991 c.945 §6; 1993 c.419 §1; 1993 c.744 §97; 2001 c.702 §1; 2003 c.675 §§31,32; 2005 c.435 §1]

455.620 [1987 c.604 §3; repealed by 1991 c.366 §2]

455.622 Certification of inspectors; rules. Notwithstanding ORS 447.020, 455.715 to 455.740, 479.810 (3) or 479.855, the Department of Consumer and Business Services shall adopt education, training and examination requirements that allow certification of inspectors to perform inspections on one and two family dwellings under one or more aspects of the Low-Rise Residential Dwelling Code adopted under ORS 455.610 to 455.630. [1995 c.553 §10; 2003 c.675 §33]

Note: 455.622 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.

455.625 Rules for permits; schedule of inspections. The Director of the Department of Consumer and Business Services shall, by rule, adopt:

(1) A list of information required for low-rise residential dwelling building permits; and

(2) A priority schedule for low-rise residential dwelling inspections and plan review requirements. [1987 c.604 §5; 1997 c.658 §3; 2003 c.675 §34]

455.626 Rules for accommodating technology. The Director of the Department of Consumer and Business Services shall adopt, amend or repeal the state building code as necessary to establish viable standards for providing advanced telecommunications and cable service technology to newly constructed low-rise residential dwellings. [1999 c.329 §2; 2003 c.675 §48]

Note: 455.626 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.

455.627 Minor electrical installation inspection program; rules. The Department of Consumer and Business Services, in consultation with the Residential and Manufactured Structures Board, shall adopt rules to create a mandatory random inspection program for minor electrical installations made by electrical contractors in low-rise residential dwellings. [1995 c.53 §13; 2003 c.675 §35; 2009 c.567 §21]

Note: 455.627 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.

455.628 Plan review exemption. (1) The Department of Consumer and Business Services or a municipality administering and enforcing a building inspection program under ORS 455.148 or 455.150 may not require a plan review for one and two family dwellings that are of conventional light frame construction, as defined by the department by rule, if:

(a) The plans for the dwelling are designed and stamped by a professional engineer registered under ORS 672.102 or an architect registered under ORS 671.060; and

(b) The engineer or architect is certified by the Director of the Department of Consumer and Business Services under ORS 455.720 as being qualified to examine one and two family dwelling plans.

(2) The department or municipality is exempt from liability for any damages arising from the nonperformance of a plan review pursuant to this section. [2003 c.367 §4; 2005 c.758 §21a]

Note: 455.628 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.

455.630 Enforcement. (1) The Low-Rise Residential Dwelling Code shall be enforced by inspectors and building officials qualified pursuant to ORS 455.715 to 455.740.

(2) Notwithstanding subsection (1) of this section, enforcement of electrical specialty code, permit and licensing provisions shall be under the sole authority of the Electrical and Elevator Board in the Department of Consumer and Business Services. [1987 c.604 §7; 1999 c.714 §1; 2003 c.675 §36]

455.635 [Formerly 456.787; renumbered 455.085 in 1991]

PUBLIC ASSEMBLY STRUCTURES

455.640 Definitions for ORS 455.640 to 455.645. (1) As used in ORS 455.640 to 455.645, unless the context otherwise requires, the words, terms and phrases defined in subsections (2) to (5) of this section shall have the meaning given them in those subsections.

(2) “Architect” means an architect as defined in ORS 671.010 in accordance with the rules and regulations of the State Board of Architect Examiners.

(3) “Certified structure” means a structure designed by a professional engineer or architect as defined in this section.

(4) “Professional engineer” means an engineer as defined in ORS 672.002 in accordance with the rules and regulations of the State Board of Examiners for Engineering and Land Surveying.

(5) “Structures of public assembly” means structures which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement or awaiting transportation. [Formerly 456.965]

Note: 455.640, 455.642 and 455.645 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.

455.642 Application. The provisions of ORS 455.640 to 455.645 shall not be construed to apply to any building having a ground area of 4,000 square feet or less and which is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure. [Formerly 456.970]

Note: See note under 455.640.

455.645 Certain plans for structures of public assembly to be certified. In order to safeguard life, health and property, all drawings and plans defining the framing systems, shoring systems and foundations for structures of public assembly shall be certified by a qualified professional engineer or qualified architect. The design of the certified structure of public assembly shall provide for resistance to lateral forces, including wind and earthquakes, as well as gravity loads, in accordance with accepted engineering practice and governing building codes. The design shall be accompanied by supporting lateral force calculations. [Formerly 456.975]

Note: See note under 455.640.

MUNICIPAL REVIEW AND INSPECTION

(Generally)

455.675 Authorized substitutions in codes adopted by reference. For the purposes of the codes of regulations adopted under this chapter, unless the context clearly indicates otherwise, the following substitutions shall be made in any code adopted by reference as part of the state building code:

(1) “Building official” for “administrative authority.”

(2) “Governing body” for “mayor” and “city council.”

(3) “Municipality” for “city,” “county” or other unit of local government. [Formerly 456.875; 1999 c.1045 §17]

455.680 Plan approval and permits for recreation or picnic park or camp; license; rules. (1) Plan approval and permits shall be obtained from the Department of Consumer and Business Services prior to construction, enlargement or alteration of any recreation park, picnic park or organizational camp as defined in ORS 446.310.

(2) If the department determines that the work conforms to the approved plans and specifications, it shall issue a final approval which shall, if all other conditions of ORS 455.010 to 455.240, 455.410 to 455.450 and 455.595 to 455.740 are met, authorize the issuance of a license by the Oregon Health Authority to operate the park or, in the case of then currently licensed parks, shall authorize continued operation for the remaining part of the licensing year.

(3) In accordance with ORS 455.010 to 455.240, 455.410 to 455.450 and 455.595 to 455.740 and in consultation and agreement with the authority, the department shall adopt rules to carry out this section. The rules adopted pursuant to this section shall be a specialty code as defined in ORS 455.010. [Formerly 446.337 and then 456.837; 1997 c.259 §2; 2009 c.595 §938]

455.685 Review of plans and specifications to determine compliance; effect of approval; fees. The Director of the Department of Consumer and Business Services may, upon an application setting forth a set of plans and specifications that will be utilized in one or more municipalities to acquire building permits, review and approve the application for the construction or erection of any building or structure if such set of plans meets the requirements of the state building code. All costs incurred by the director by virtue of the examination of such a set of plans and specifications shall be paid by the applicant. The plans and specifications or any plans and specifications required to be submitted to a state agency shall be submitted to the director who shall examine the instruments and if necessary distribute them to the appropriate state agencies for scrutiny regarding adequacy as to fire safety, life safety and all other appropriate features. The state agencies shall examine and promptly return the plans and specifications together with their certified statement as to the adequacy of the instruments regarding that agency’s area of concern. The applicant shall submit the plans and specifications to a local building official prior to application for a building permit. The local building official shall review the plan for those features required by local ordinance or by any site-specific, geographic, geologic or climatic code requirements. A local building official shall issue a building permit upon application and presentation to the local building official of such a set of plans and specifications bearing the approval of the director if the requirements of all other local ordinances are satisfied. The director or local building official may assess such fees as necessary to recover the reasonable costs incurred to ensure the compliance of the plans and specifications with the state building code. [Formerly 456.840; 1997 c.856 §3]

455.690 Appeal to advisory boards. Any person aggrieved by the final decision of a municipal appeals board or a subordinate officer of the Department of Consumer and Business Services as to the application of any provision of a specialty code may, within 30 days after the date of the decision, appeal to the appropriate advisory board. The appellant shall submit a fee of $20, payable to the department, with the request for appeal. The final decision of the involved municipality or state officer shall be subject to review and final determination by the appropriate advisory board as to technical and scientific determinations related to the application of the specialty code involved. [Formerly 456.850; 1993 c.744 §98]

455.700 Validity of certain building permits. Building permits or certificates of occupancy validly issued before July 1, 1974, regarding buildings or structures being constructed or altered pursuant thereto, shall be valid thereafter and the construction may be completed pursuant to the building permit, unless the building official determines that life or property is in jeopardy. [Formerly 456.855]

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. (1) A manufacturer of prefabricated structures or manufacturer of prefabricated structure components may not contract with a municipality or a person to perform prefabricated structure plan approvals or inspections unless the person providing the plan approvals or inspections is certified or approved under subsection (2) of this section or is providing plan approvals or inspections for a residential prefabricated structure that is intended for delivery in another state.

(2)(a) A person may not engage in prefabricated structure plan approvals or inspections without being certified under ORS 455.715 to 455.740 or 479.810 unless the person is providing plan approvals or inspections for a residential prefabricated structure that is intended for delivery in another state.

(b) A person may not engage in the business of providing prefabricated structure plan approvals or inspections without an approval issued by the Department of Consumer and Business Services.

(3) In accordance with any applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services shall establish by rule a system for approval and regulation of businesses and persons who perform prefabricated structure plan approvals or inspections. The system shall include but not be limited to the following provisions:

(a) Prescribing the form and content of and the times and procedures for submitting an application for the issuance or renewal of an approval.

(b) Prescribing the term of the approval and the fee for the original issue and renewal in an amount that does not exceed the cost of administering the approval system. The charge for review and approval of a third party inspection service shall not exceed, for the original issue, $400 and for the renewal, $200.

(c) Prescribing the conditions for initial issuance, renewal and maintenance of the approval for a person certified under ORS 455.715 to 455.740 or 479.810, including but not limited to the following provisions:

(A) Procedures and reports for plan approvals and inspections;

(B) Ethical practices and prohibitions of conflicts of interests with manufacturers of prefabricated structures and manufacturers and suppliers of parts and services;

(D) Procedures for use and application of insignia of compliance; and

(E) Fees for and procedures for use and application of certification stamps.

(d) Prescribing other actions or circumstances that constitute failure to achieve or maintain approval competency or that otherwise constitute a danger to the public health or safety and for which the director may refuse to issue or renew or may suspend or revoke a certification, permit or certificate.

(e) Prescribing the authority of the department to perform oversight monitoring including but not limited to:

(A) Right of entry and access to third party records and information;

(B) Frequency, type and extent of the oversight monitoring and inspection of third party agencies and manufacturing facilities; and

(f) Prescribing fees for monitoring conducted by the department at the manufacturing plant site or at third party inspection service locations, which fees shall not exceed $60 per hour.

(4)(a) The department shall establish by rule a manufacturer compliance program to allow for plan approvals or inspections of prefabricated structures or prefabricated structure components at the facility at which the prefabrication takes place, including but not limited to the following provisions:

(A) Quality assurance programs;

(B) Procedures for use and application of insignia of compliance; and

(b) A manufacturer of prefabricated structures shall provide the department with written notice at least 60 days before a manufacturer may provide for plan approval or inspection service as allowed under subsection (2) of this section.

(c) The department is not required to provide plan approval for or inspection of any prefabricated structure or prefabricated structure components unless the department has been notified in writing by the manufacturer of the prefabricated structure 180 days in advance of the proposed assumption of department inspections.

(5) A person may not rent, lease, sell, exchange, install or offer for rent, lease, sale, exchange or installation within this state a prefabricated structure constructed on or after July 1, 1991, unless it bears an insignia of compliance or certification stamp issued by the department or a third party indicating compliance with this state’s building regulations and standards for prefabricated structures. The prohibition in this subsection does not apply to a residential prefabricated structure intended for delivery in another state unless the residential prefabricated structure is installed or offered for installation in this state. A prefabricated structure with an insignia of compliance or certification stamp shall be acceptable to municipalities as meeting the state building code regulations. Prefabricated structures constructed prior to July 1, 1991, are subject to the building code regulations in effect at the time of original construction.

(6) The provisions of this section do not apply to employees of the Department of Consumer and Business Services and testing laboratories approved under ORS chapters 447 and 479.

(7) For purposes of this section, “insignia of compliance” means the plate affixed to a structure by the Department of Consumer and Business Services or a third party to signify compliance with all state building code requirements for which the structure was inspected.

(8) Prefabricated structures or components found by the department or a third party to represent a danger to public health or safety shall be brought into compliance with building code regulations or removed from the state.

(9) All plan approvals and inspections of prefabricated structures and prefabricated components constructed at manufacturing plants outside of Oregon but intended for delivery into Oregon shall be performed by the department or conducted under ORS 455.430. [1995 c.304 §3; 2005 c.310 §3]

Note: 455.705 was added to and made a part of 455.010 to 455.740 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Inspectors)

455.715 Definitions for ORS 455.715 to 455.740. As used in ORS 455.715 to 455.740, unless the context otherwise requires:

(1) “Building official” means a person charged by a municipality with responsibility for administration and enforcement of the state building code in the municipality.

(2) “Business of providing prefabricated structure plan approvals and inspections” means an independent contractor providing prefabricated structure plan approval or inspection services, or both, under the following specialty codes, as provided in ORS 455.020, 455.705 and 455.715:

(a) Structural;

(b) Mechanical;

(d) Electrical; and

(e) Low-rise residential dwelling.

(3) “Inspector” means:

(a) A person, including a plans examiner, acting under the authority and direction of a building official and charged with the responsibility of routine enforcement of any specialty code;

(b) A person, including a plans examiner, who provides enforcement of any specialty code, who is personally in the business of providing prefabricated structure plan approvals or inspections or is employed by such a business; or

(c) A specialized building inspector certified under section 2, chapter 593, Oregon Laws 2009. [Formerly 456.805; 1991 c.361 §1; 1995 c.304 §5; 2003 c.675 §37; 2009 c.593 §5]

Note: The amendments to 455.715 by section 6, chapter 593, Oregon Laws 2009, become operative January 2, 2018. See section 10, chapter 593, Oregon Laws 2009. The text that is operative on and after January 2, 2018, is set forth for the user’s convenience.

455.715. As used in ORS 455.715 to 455.740, unless the context otherwise requires:

(1) “Building official” means a person charged by a municipality with responsibility for administration and enforcement of the state building code in the municipality.

(a) Structural;

(b) Mechanical;

(d) Electrical; and

(e) Low-rise residential dwelling.

(3) “Inspector” means:

(a) A person, including a plans examiner, acting under the authority and direction of a building official and charged with the responsibility of routine enforcement of any specialty code; or

455.720 Standards and qualifications for personnel; rules. (1) In accordance with applicable provisions of ORS chapter 183, to promote effective and uniform enforcement of the state building code by improving the competence of building officials and inspectors, the Director of the Department of Consumer and Business Services, with the advice of the advisory boards, shall:

(a) Establish for building officials and inspectors reasonable minimum training and experience standards, including but not limited to courses or subjects for instruction, facilities for instruction, qualification of instructors and methods of instruction. The standards shall include provisions for determining a practical experience equivalent.

(b) Establish a procedure to be used by municipalities to determine whether a person meets minimum standards or has minimum training to be appointed or employed as a building official or inspector. The procedure shall allow for a field examination of a person to determine if the person meets the practical experience equivalent of a minimum standard.

(c) Subject to such terms, conditions and classifications as the director may impose, certify building officials as being qualified, and revoke such certifications in the manner provided in ORS 455.740.

(d) Require an applicant for a certificate as a building official or inspector to demonstrate knowledge of the laws governing accessibility to buildings by persons with disabilities by passing an examination prescribed by the director.

(2) The director shall maintain and, upon request of municipalities, furnish information on applicants for appointment or employment as building officials or inspectors.

(3) Pursuant to ORS chapter 183, the director shall adopt rules necessary to carry out the certification programs provided by subsection (1) of this section.

(4) The director, by rule, may require evidence of completion of continuing education covering any certification created under this section as a condition of maintaining the certification. Nothing in this subsection shall prohibit the director from delegating any of this power to a municipality.

(5) The director, with the advice of the appropriate advisory boards, may adopt rules for certifying inspectors as being qualified to enforce one or more particular specialty codes, subject to any terms, conditions and classifications the director may impose, and for revoking those certifications in the manner provided in ORS 455.740. [Formerly 456.810; 1989 c.224 §119; subsection (4) enacted as 1991 c.361 §5; 1999 c.527 §1; 2001 c.104 §197; 2005 c.758 §21b; 2007 c.70 §257]

Note: Sections 1 to 3, chapter 593, Oregon Laws 2009, provide:

Sec. 1. Section 2 of this 2009 Act is added to and made a part of ORS 455.715 to 455.740. [2009 c.593 §1]

Sec. 2. Specialized building inspectors. (1) The Director of the Department of Consumer and Business Services, with the advice of the appropriate advisory boards, may adopt rules establishing one or more programs to train, qualify and certify an individual as a specialized building inspector authorized to enforce portions of specialty codes. Notwithstanding ORS 455.720 (1) and 455.725, the rules may include, but need not be limited to, rules that establish:

(a) Work experience, training and other qualifications for program participation;

(b) Content and presentation requirements for training programs;

(c) Methods for verifying the qualification of the individual to enforce portions of specialty codes as a specialized building inspector certified under this section;

(d) The portions of various specialty codes that each program will enable a qualifying individual to enforce and any terms, conditions or classifications applicable for that enforcement; and

(e) Requirements the director believes reasonable for the administration and enforcement of this section.

(2) Notwithstanding ORS 446.250, 455.630, 455.720, 455.725, 479.530, 479.810 and 479.855, the director may issue or cause to be issued a certificate as a specialized building inspector to an individual who successfully completes an approved training program and satisfies qualification verification under this section.

(3) An individual certified as a specialized building inspector under this section may conduct inspections and enforce portions of specialty codes under ORS 479.510 to 479.945 and 479.950 and this chapter [ORS chapter 455] and ORS chapters 446, 447 and 693 as identified by the director. The enforcement of portions of specialty codes by a specialized building inspector is subject to any terms, conditions or classifications applicable to that enforcement established by the director by rule. [2009 c.593 §2]

Sec. 3. (1) Section 2 of this 2009 Act is repealed January 2, 2016.

(2) Notwithstanding the repeal of section 2 of this 2009 Act by subsection (1) of this section, unless suspended or revoked, a certificate issued under section 2 of this 2009 Act that is in effect on January 2, 2016, shall continue in effect until the earlier of:

(a) The expiration of the certificate term; or

(b) January 2, 2018. [2009 c.593 §3]

455.725 Certification of personnel training programs. (1) Upon application, the Director of the Department of Consumer and Business Services or an authorized representative shall examine and evaluate any program or facility established by a municipality or educational institution for the training of building officials, inspectors and specialty code inspectors and plan reviewers licensed under ORS 455.457.

(2) If the director finds that a training program is qualified under the minimum requirements established pursuant to ORS 455.720, the director shall, in writing, certify the training program as being qualified for such a period of time and upon such conditions as the director may prescribe. An individual complies with any minimum requirement for building officials or inspectors established pursuant to ORS 455.720 when the individual satisfactorily completes a training program certified under this section. [Formerly 456.815; 1999 c.1045 §18]

455.730 Certification of personnel required. No person shall be appointed or employed as a building official or inspector by any municipality unless the person has been certified as being qualified under ORS 455.715 to 455.740, and the certification has not lapsed or been revoked. [Formerly 456.820]

455.735 Issuance and renewal of certificates; fees; rules. (1) The Director of the Department of Consumer and Business Services may issue certificates for building officials and building inspectors under ORS 455.715 to 455.740.

(2) Any person desiring issuance of an initial certificate as a building official or inspector shall make application to the director upon such forms as the director may prescribe for such purpose and pay an application fee.

(3) If the director requires, by rule, an applicant for a particular certification to pass an examination prepared by a national organization, the applicant shall pay in addition to the fee required in subsection (2) of this section, the cost of the examination. If the director requires an applicant for certification to pass an examination administered by the Department of Consumer and Business Services, the department may charge the applicant an examination administration fee.

(4) Upon determining that the applicant is qualified under ORS 455.715 to 455.740, the director shall issue a certificate or cause a certificate to be issued to the applicant.

(5) A certificate issued under this section shall be valid for a term established by the department by rule. An applicant for renewal of a certificate shall submit an application on a form approved by the director and pay a renewal application fee.

(6) The department may adopt rules establishing certificate renewal requirements and establishing reasonable fees under this section.

(7) The department may charge fees for participation in specialized building inspector training programs approved or established by the department. [Formerly 456.825; 1991 c.201 §1; 1991 c.361 §2; 2005 c.758 §21c; 2009 c.593 §7]

Note: The amendments to 455.735 by section 8, chapter 593, Oregon Laws 2009, become operative January 2, 2018. See section 10, chapter 593, Oregon Laws 2009. The text that is operative on and after January 2, 2018, is set forth for the user’s convenience.

455.735. (1) The Director of the Department of Consumer and Business Services may issue certificates for building officials and building inspectors under ORS 455.715 to 455.740.

(4) Upon determining that the applicant is qualified under ORS 455.715 to 455.740, the director shall issue a certificate or cause a certificate to be issued to the applicant.

(6) The department may adopt rules establishing certificate renewal requirements and establishing reasonable fees under this section.

455.737 Experience and training outside Oregon; examination; rulemaking. (1) Notwithstanding ORS 455.720 (1), the Director of the Department of Consumer and Business Services, by rule, shall adopt criteria for review of the experience and training in building inspection and building plan review acquired by a person outside the State of Oregon. The criteria shall be adopted in a manner that facilitates review of a person’s qualifications by a local building official.

(2)(a) A local building official who wishes to employ a person who is not certified under ORS 455.735 as an inspector shall submit the person’s qualifications to the director. The director shall review the stated qualifications against the criteria adopted under subsection (1) of this section, including verification of experience and training. The director shall respond to the local building official in writing within 10 working days of receiving the applicant’s qualifications, stating whether the person meets the applicable criteria.

(b) Upon application and payment of the required fee, the director shall allow a person whose qualifications meet the criteria adopted under subsection (1) of this section to sit for any examination necessary for the required certification. [1997 c.677 §2; 2005 c.758 §21d]

Note: Section 4, chapter 677, Oregon Laws 1997, provides:

Sec. 4. The provisions of ORS 455.035 are waived with respect to any rules adopted under section 2 of this Act [455.737] or ORS 479.810 as amended by section 3 of this Act. [1997 c.677 §4]

455.740 Denial of certificate; disciplinary action against certificate holder; rules. (1) Subject to ORS chapter 183, the Director of the Department of Consumer and Business Services may deny, condition, suspend, revoke or refuse to renew a certificate of a building official or inspector if the director finds that the building official or inspector has:

(a) Consistently failed to act in the public interest in the performance of duties;

(b) Failed to complete the continuing education requirements as required under ORS 455.720 (4);

(d) Committed an act described in ORS 455.125 or 455.129.

(2) In any revocation proceeding under this section, the municipality that employs the building official or inspector shall be entitled to appear as a party in interest, either for or against the revocation.

(3) When a certification is suspended or revoked under this section, the director may also suspend, deny or place conditions on that person’s right to reapply for certification under ORS 455.735 for a period not to exceed 12 months.

(4) This section does not limit or otherwise affect the authority of a municipality to dismiss or suspend a building official or inspector at the discretion of the municipality.

(5) Notwithstanding the requirements of subsections (1) to (4) of this section, the director may adopt rules that:

(a) Allow certifications to be placed on inactive status; and

(b) Extend continuing education compliance requirements in case of illness or hardship. [Formerly 456.835; 1991 c.361 §3; 2009 c.593 §9]

(Remedial Authority of Director)

455.770 Investigative authority of director over municipalities; corrective action; limitation. (1) In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693, with respect to municipalities, building officials and inspectors, if the director has reason to believe that there is a failure to enforce or a violation of any provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and this chapter or ORS chapter 447, 460 or 693 or any rule adopted thereunder, the director may:

(a) Examine building code activities of the municipality;

(b) Take sworn testimony; and

(c) With the authorization of the Office of the Attorney General, subpoena persons and records to obtain testimony on official actions that were taken or omitted or to obtain documents otherwise subject to public inspection under ORS 192.410 to 192.505.

(2) The investigative authority authorized in subsection (1) of this section covers the violation or omission by a municipality related to enforcement of codes or administrative rules, certification of inspectors or financial transactions dealing with permit fees and surcharges under any of the following circumstances when:

(a) The duties are clearly established by law, rule or agreement;

(b) The duty involves procedures for which the means and methods are clearly established by law, rule or agreement; or

(3) Prior to starting an investigation under subsection (1) of this section, the director shall notify the municipality in writing setting forth the allegation and the rules or statutes pertaining to the allegation and give the municipality 30 days to respond to the allegation. If the municipality does not satisfy the director’s concerns, the director may then commence an investigation.

(4) If the Department of Consumer and Business Services directs corrective action the following shall be done:

(a) The corrective action shall be in writing and served on the building official and the chief executive officers of all municipalities affected;

(b) The corrective action shall identify the facts and law relied upon for the required action; and

(5) The director may revoke any authority of the municipality to administer any part of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and this chapter or ORS chapter 447, 460 or 693 or any rule adopted thereunder if the director determines after a hearing conducted under ORS 183.413 to 183.497 that:

(a) All of the requirements of this section and ORS 455.775 and 455.895 were met; and

(b) The municipality did not comply with the corrective action required.

(6) Nothing in ORS 455.775 shall be construed to grant any authority over a municipality or inspector employed by a municipality. [1991 c.792 §§2,6; 1995 c.79 §230; 2001 c.411 §19]

455.775 Investigative authority of director; corrective action. In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under this chapter and ORS chapters 446, 447, 460, 479, 480 and 693:

(1) Except where inconsistent with other provisions of law, the director may enforce the provisions 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 this chapter and ORS chapters 447, 460 and 693 against any person regardless of whether a permit, certificate, license or other indicia of authority has been issued. The director may:

(a) Make an investigation;

(b) Take sworn testimony;

(d) Order corrective action; and

(e) If an immediate hazard to health and safety is imminent, issue an order to stop all or any part of the work under the applicable specialty code.

(2) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted thereunder, the director may issue an order, subject to ORS 183.413 to 183.497, directed to the person to cease and desist from the violation or threatened violation.

(3) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted thereunder, the director may, without bond, bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted thereunder. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. [1991 c.792 §§3,5; 1999 c.597 §1; 2001 c.411 §20; 2003 c.14 §285]

MASTER BUILDER PROGRAMS

455.800 Definitions for ORS 455.800 to 455.820. As used in ORS 455.800 to 455.820:

(1) “Building official” means a person who is a building official as defined in ORS 455.715 or a Department of Consumer and Business Services employee charged with enforcement or administration of the state building code.

(2) “Building trade committee” means a group composed of experienced and knowledgeable local general contractors or other persons having substantial expertise in various aspects of one and two family dwelling construction under the Low-Rise Residential Dwelling Code.

(3) “General contractor” has the meaning given that term in ORS 701.005.

(4) “Master builder” means a person certified under ORS 455.810.

(5) “Qualified construction company” means a company that has been:

(a) Continuously licensed by the Construction Contractors Board during the preceding 60 months as a general contractor; or

(b) Continuously licensed by the Construction Contractors Board during at least the preceding 24 months as a general contractor and by one or more other states during the balance of the preceding 60 months in an occupation equivalent to that of a general contractor.

(6) “Regular employee” means a person who:

(a) Is continuously employed by, and on the regular payroll of, a qualified construction company;

(b) Has filed a withholding exemption certificate pursuant to ORS 316.182 for work performed for the qualified construction company; and

(c) Is available during working hours to supervise on-site dwelling construction, including but not limited to supervising the installation of:

(A) Drywall;

(B) Electrical systems;

(D) Foundations;

(E) Framing;

(F) Insulation;

(G) Mechanical systems;

(H) Plumbing systems; and

(I) Stairs.

(7) “Whole dwelling remodel” means a project that includes the installation in an existing dwelling of all of the following:

(a) Drywall;

(b) Electrical systems;

(d) Foundations;

(e) Framing;

(f) Insulation;

(g) Mechanical systems; and

(h) Plumbing systems. [2001 c.406 §1; 2003 c.675 §38]

Note: 455.800 to 455.820 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.

455.805 Criteria for granting of master builder status. An individual may apply to the Department of Consumer and Business Services to be tested and certified as a master builder. The department shall establish uniform criteria for use in determining whether to grant an application. The criteria must, at a minimum, provide that:

(1) The individual must be an owner or regular employee of a qualified construction company and be authorized by the company to provide assurance to the department that all state and local code requirements are met.

(2) In each of the five preceding calendar years, the individual must either have performed or supervised a dwelling construction or whole dwelling remodel. In at least two of the years, the construction or remodel must have occurred in a geographic area that had a master builder program.

(3) The individual must have completed a program sponsored by a local building trade committee or other program approved by the department, providing training relating to the construction of one and two family dwellings under the Low-Rise Residential Dwelling Code. A program must include but need not be limited to instruction in:

(a) Administration;

(b) Chimneys and fireplaces;

(d) Energy conservation;

(e) Footings and foundations;

(f) Roof-ceiling construction;

(g) Roof coverings;

(h) Site inspections;

(i) Wall construction, assemblies and coverings; and

(j) Wood and metal framing.

(4) The individual must have scored at least 75 percent on a written examination, approved and administered by the department, covering the appropriate aspects of the Low-Rise Residential Dwelling Code.

(5)(a) The individual must not be the subject of an adverse final order issued by the Construction Contractors Board or Department of Consumer and Business Services based upon acts committed within 36 months preceding the application date that:

(A) Violated a specialty code, licensing or permit requirement; or

(B) Resulted in a claim being filed with the board or department against the individual.

(b) For purposes of this subsection, if the individual is an owner of a qualified construction company, an adverse final order issued against the company is an adverse final order issued against that individual. [2001 c.406 §2; 2003 c.675 §39]

Note: See note under 455.800.

455.810 Certificates; fees; discipline; rules. (1) An individual seeking certification as a master builder must apply to the Department of Consumer and Business Services on the form prescribed by the department. Upon determining that the applicant meets the criteria for certification set forth in ORS 455.805, the department shall issue the certificate.

(2) Certification as a master builder is valid for three years unless suspended or revoked. An individual may renew a certificate that is in good standing by:

(a) Providing evidence of continuing education as required by department rule; and

(b) Paying a renewal fee established by the department by rule.

(3) The department may deny, refuse to renew, suspend or revoke certification as a master builder if the individual fails or ceases to meet the criteria for certification set forth in ORS 455.805 or engages in actions resulting in a waiver revocation under ORS 455.820 (3). The department must afford an individual an opportunity for a hearing pursuant to ORS chapter 183 upon a denial or refusal to renew or prior to a suspension or revocation of certification.

(4) The department may adopt all rules necessary and proper for administering ORS 455.800 to 455.820, including but not limited to rules establishing application, examination, certification and renewal fees. [2001 c.406 §3]

Note: See note under 455.800.

455.815 Establishment of master builder programs; waiver of inspections; builder verification of performance. (1) Local government establishment of a master builder program is voluntary. A local government electing to establish or terminate a program shall notify the Department of Consumer and Business Services. If terminating a program, the local government must give the notice six months before the program terminates.

(2) The Department of Consumer and Business Services may implement a master builder program in one or more geographic areas for which the department provides plan review or inspection services. A department decision to include an area as a participant in the program affects only those areas, and those reviews or inspections, for which the department provides services instead of a local government. The department shall notify a county prior to implementing a master builder program in areas of the county that are served by the department.

(3) A local government may not allow an individual to perform the duties of a master builder unless the local government has a master builder program. The department may allow an individual to perform the duties of a master builder in any geographic area administered by the department.

(4) A building official of a government having a master builder program may waive plan review elements by that government and may waive government performance of one or more of the required inspections identified by department rule, including but not limited to inspections described in subsection (6) of this section, if:

(a) An individual certified as a master builder submits construction plans for a one or two family dwelling regulated by the Low-Rise Residential Dwelling Code; and

(b) The building official determines that:

(A) The work is not of a highly technical nature; and

(B) There is no unreasonable potential risk to safety of the structure.

(5) A building official may not waive government performance of plan review or required inspections for:

(a) Special design applications that are complex and highly technical engineered systems; or

(b) Unique building sites, including but not limited to sites containing geologic hazards such as landslide hazard areas, floodplains and wetlands.

(6) Subject to subsections (3) to (5) of this section, a building official may allow a master builder to verify that the master builder has properly performed an installation on a project and, to the extent that inspection would duplicate the verification conducted by the master builder, may waive government performance of the following required inspections:

(a) Drywall;

(b) Footings and setbacks;

(d) Insulation;

(e) Masonry fireplace pre-cover;

(f) Masonry rebar;

(g) Gutters, downspouts and foundation drains;

(h) Roof sheathing nailing;

(i) Suspended ceilings;

(j) Underfloor structural; and

(k) Wall sheathing nailing. [2001 c.406 §4; 2003 c.675 §40]

Note: See note under 455.800.

455.820 Plan review and verification; documentation; duties of building official; effect of waiver revocation. (1) A master builder must perform all plan review and required verifications for which government review or inspection has been waived by a building official. The master builder shall maintain copies of all documents and reports required by the government granting the waiver and provide those copies to the building official.

(2) When waiving government performance of plan review or required inspections, a building official shall require the master builder to sign a form that specifically identifies each waiver and states that the master builder accepts the duty of performing the review and verifications. A master builder who accepts the duty of performing a review or verification remains responsible for that duty unless released by written and signed permission of the building official. A building official may release a master builder from a review or verification duty by a written and signed assumption of the review or inspection duty by the building official or written and signed assumption of the review and verification duty by another master builder.

(3) A building official for a government that has a master builder program:

(a) Must conduct inspections of at least 10 percent of projects that are built under a master builder program;

(b) May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, review or verification duties; and

(c) Must notify the Department of Consumer and Business Services when the official revokes a waiver pursuant to paragraph (b) of this subsection.

(4) When revoking a waiver, a building official shall provide the master builder with a release under subsection (2) of this section from future performance of review or verification duties. A release does not relieve a master builder from liability for the failure to perform, or document performance of, review or verification duties prior to the revocation of the waiver.

(5) A government having a master builder program has no legal duty with regard to plan review or required inspections properly waived under ORS 455.815 and accepted by a master builder in a signed form described under subsection (2) of this section. This subsection does not release a government from a duty arising due to a waiver revocation under subsection (3) of this section or an assumption under subsection (2) of this section.

(6) A local government may refuse to grant recognition to a certified master builder if a waiver granted to the master builder under that government’s master builder program has been revoked pursuant to subsection (3)(b) of this section. If a waiver is revoked pursuant to subsection (3)(b) of this section, a local government or building official may send a recommendation to the department for action against the master builder who was granted the waiver. The local government or building official may also send the department any information supporting the recommendation. [2001 c.406 §5]

Note: See note under 455.800.

455.840 [Formerly 705.700; repealed by 2003 c.675 §49]

455.842 [Formerly 705.705; 2003 c.675 §41; 2005 c.833 §5; renumbered 455.044 in 2005]

455.844 [Formerly 705.710; 2003 c.675 §42; 2005 c.833 §§6,10; renumbered 455.046 in 2005]

455.846 [Formerly 705.715; 2003 c.675 §43; renumbered 455.048 in 2005]

455.848 [Formerly 705.720; repealed by 2003 c.675 §49]

PENALTIES

455.895 Civil penalties. (1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165.

(b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850.

(c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS 480.670. Amounts recovered under this paragraph are subject to ORS 480.670.

(2) The Director of the Department of Consumer and Business Services, in consultation with the appropriate board, if any, may impose a civil penalty against any person who violates any 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 and this chapter and ORS chapters 447, 460 and 693, or any rule adopted or order issued for the administration and enforcement of those provisions. Except as provided in subsections (3), (4) and (9) of this section or ORS 446.995, a civil penalty imposed under this section must be in an amount determined by the appropriate board or the director of not more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense.

(3) Each violation of ORS 446.003 to 446.200 or 446.225 to 446.285, or any rule or order issued thereunder, constitutes a separate violation with respect to each manufactured structure or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation.

(4) The director may impose a civil penalty of not more than $25,000 against a public body responsible for administering and enforcing a building inspection program. As used in this subsection, “public body” has the meaning given that term in ORS 174.109.

(5) The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The Department of Consumer and Business Services, by rule, shall define what constitutes a pattern of violations. Except as provided in subsections (1) and (10) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall be used by the director for enforcement and administration of provisions and rules described in subsection (2) of this section.

(6) Civil penalties under this section shall be imposed as provided in ORS 183.745.

(7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the director or the appropriate board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty.

(8) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation by the partnership, association or corporation of a provision or rule described in subsection (2) of this section is subject to the penalties prescribed in this section.

(9) In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violates a provision or rule described in subsection (2) of this section may be required by the director or the appropriate board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the director or board that shall not exceed five times the amount by which such person profited in any transaction that violates a provision or rule described in subsection (2) of this section.

(10) If a civil penalty is imposed for a violation of a provision of ORS 446.566 to 446.646 and the violation relates to a filing or failure to file with a county assessor functioning as agent of the department, the department, after deducting an amount equal to the department’s procedural, collection and other related costs and expenses, shall forward one-half of the remaining civil penalty amount to the county in which the manufactured structure is located at the time of the violation. [1991 c.792 §4; 1991 c.734 §111; 1999 c.1045 §19; 2001 c.411 §21; 2003 c.14 §286; 2003 c.655 §76; 2007 c.549 §6; 2007 c.898 §1]

455.897 Criminal penalties. Violation of ORS 455.455 or 455.459 is a Class A misdemeanor. [1999 c.1045 §9]

455.990 [Formerly 456.885 (2); repealed by 1995 c.553 §16; 1995 c.675 §6]

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