Oregon Administrative Code

918-001-0130 Alternative Appeal Procedure This rule allows persons aggrieved by a decision of a local building official or designee to choose whether to appeal through the local appeals process, or through the division. If the appeal relates to an inspection pursuant to the Elect…

918-001-0210 Division Mailing Lists This rule governs procedures for placement on the various mailing lists maintained by the division and boards. The procedures in this rule are created under ORS 183.335(8) and the general rulemaking authority of the director in 455.030 and 455.…

918-001-0240 Refunds (1) As required by ORS 293.445 moneys received in excess of the amount legally due and payable to the division, or in which the division determines it has no legal interest, shall be refunded. However, as authorized by 293.445, for sums of $25.00 or less the …

918-001-0300 Address Notification Requirements and Service of Process (1) It is the responsibility of all persons licensed, certified, registered, or otherwise authorized by the Director or an advisory board to inform the Building Codes Division in writing of current contact info…

918-001-0310 Cooperation with Investigations (1) The holder of any license, certificate, registration, or other authorization issued by the Director or an advisory board shall cooperate with any investigation conducted pursuant to ORS Chapter 455. (2) Failure to cooperate with an…

918-001-0400 Building Permit Process for Existing Buildings without a Valid Certificate of Occupancy (1) The purpose of this rule is to clearly identify how to obtain a building permit from the state for existing occupied buildings that do not have valid permits. This rule also c…

918-001-0500 Purpose Rules 918-001-0500 to 918-001-0530 establish a process that the division will use to develop permit-ready plans and make those plans available for public use. The intent of the permit-ready plans program is to create a more efficient pathway for approval of p…

918-001-0505 Definitions (1) “Local code expert” means a certified building official, an A-level structural inspector, or an A-level structural plans examiner that is working as either a building official, inspector, or as a plans examiner for a building department. (2) “Permit-r…

918-001-0510 Development of Permit-Ready Plans Permit-ready plans are developed by a division employee, or group of division employees, acting within their scope of employment. During the development process the division may consult with local municipalities, other agencies, as w…

918-001-0515 Consultation and Review Process for Permit-Ready Plans (1) Prior to publishing permit-ready plans the division will make any proposed plans available for review by building departments in the state for not less than 30 days. (2) The purpose of this review period is f…

918-001-0520 Use of Permit-Ready Plans (1) Permit-ready plans that have been published to the division’s website are available for use by the public. (2) A permit-ready plan is exempt from local plan review for code compliance on all elements addressed by, and included as part of…

918-001-0525 Expiration and Renewal of Permit-Ready Plans (1) Permit-ready plans are approved for a specific edition of a code and may be used while that edition of the code is effective. (2) When a new edition of a code is adopted the division will review existing permit-ready p…

918-001-0530 Modification of Permit-Ready Plans (1) Permit-ready plans may not be modified, changed, or adjusted in any way without additional local review and local building official approval. (2) Permit-ready plans may include options which are permissible to select under stand…

918-001-5000 Fire Hardening Grant Program Rules Purpose and Objectives (1) OAR 918-001-5000 to OAR 918-001-5070, are established to administer Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006) and House Bill 5506, 2023,which authorize the division to establish and main…

918-001-5010 Definitions The following definitions apply to OAR 918-001-5000 to OAR 918-001-5070, unless the context requires otherwise: (1) “Accessory structure” means a structure which is accessory to and incidental to that of the residential or commercial building, and that is…

918-001-5020 County Administration (1) The division shall partner and consult with affected counties to the extent practicable to administer the fire hardening grant program. (2) Affected counties partnering with the division in administering the program will be required to: (a) …

918-001-5030 Program Application and Eligibility To be eligible for incentives an applicant to the program must meet the following requirements: (1) The applicant must own a residential or commercial building that was damaged or destroyed by a qualifying wildfire, or the applican…

918-001-5040 Accessory Structures The primary intent of the program is to incentivize fire hardening improvements in residential and commercial buildings, but accessory structures that are within 50 feet of a residential or commercial building can act as fuel for a wildfire there…

918-001-5050 Verification of Program Eligibility The affected county that the applicant is rebuilding in or the division will verify program eligibility. Each of the following eligibility elements will be verified with the listed documentation. (1) Applicant identity will be veri…

918-001-5060 Qualifying Improvements and Program Incentives The following improvements will be incentivized by the program and the listed incentive amounts will be disbursed to eligible applicants once they complete qualifying fire hardening improvements: (1) Installing roofing r…

918-001-5070 Additional Organizational Partners The division may partner with additional governmental or non-governmental organizations to provide additional assistance to potential applicants. This assistance may include: (1) Outreach and education; (2) Application preparation a…

918-008-0000 Purpose and Scope (1) The Department of Consumer and Business Services, Building Codes Division, adopts model building codes, standards and other publications by reference, as necessary, through administrative rule to create the state building code. When a matter is …

918-008-0010 Definitions The following definitions apply to OAR 918-008-0000 to 918-008-0070: (1) “Base model code” means a published collection of standards governing a particular field of construction, which is generally accepted and used in the United States. (2) “Code cycle” …

918-008-0020 General Code Adoption Process (1) The division, in consultation with the appropriate advisory board, establishes a timetable to collect proposed code amendments. The timetable depends on the publication date and general availability of the proposed base model code. (…

918-008-0028 Supplemental Code Amendments The division, with the approval of the appropriate advisory board as defined in ORS 455.010, may propose and adopt supplemental code amendments to the state building code at any time within a three-year code cycle, as circumstances merit.…

918-008-0030 Proposed Code Amendment Requirements (1) All proposed code amendments are submitted to the division in writing or on a division-approved form. (2) Under ORS 455.030(4), all proposed code amendments must provide justification and the particular circumstances requiring…

918-008-0060 Proposed Code Amendments Criteria (1) As required by OAR 918-008-0030, a proposed code amendment must address, where applicable, whether or not the proposed code amendment: (a) Is necessary to correct any unforeseen or probable outcomes resulting from the application…

918-008-0070 Transition Provisions Nothing in these rules shall prevent the creation of a new code adoption cycle or varying the adoption cycle to more or less than three years when: (1) Adopting a new model code; (2) There is a changed model code or publication date; or (3) It i…

918-008-0075 Scope and Purpose (1) OAR 918-008-0075 to 918-008-0115 applies to the state building code adopted by the division as defined in ORS 455.010. The purpose of these rules is to create a standard process for statewide code interpretations, site-specific interpretations, …

918-008-0080 Definitions (1) "Alternate Method Ruling" is a request to rule on the acceptability of new materials, designs, or innovative methods of construction not covered by the state building code. (2) "Petitioner" means: (a) Any person residing, currently doing business, wis…

918-008-0085 Statewide Code Interpretation Process (1) A petitioner may request a statewide code interpretation by providing the following information in writing or on division approved forms: (a) A brief description of the facts and circumstances giving rise to the need for a st…

918-008-0090 Site-Specific Interpretation Process (1) A building official may request a site-specific interpretation by providing the following information in writing or on division approved forms: (a) A brief description of the facts and circumstances giving rise to the need for…

918-008-0095 Alternate Method Ruling Process (1) A petitioner may request an alternate method ruling by providing the following information in writing or on division approved forms: (a) Information on the material, design, or method the person wishes to utilize; (b) The specialty…

918-008-0110 Enforcement All jurisdictions administering and enforcing the state building code must enforce statewide code interpretations and allow the use of alternate method rulings consistent with the original scope of the ruling. Failure to enforce statewide code interpretat…

918-008-0115 Reconsideration of Division Determination In accordance with OAR 137-003-0090, 137-004-0080, and ORS 183.484(2): (1) A petitioner whose request for a site-specific interpretation or a statewide code interpretation was denied may request reconsideration of the agency …

918-008-0120 State Building Code Appeal Process (1) A person aggrieved by the building official’s decision on the application of the state building code adopted under ORS 447.020, 455.020, 455.610, 460.085, 460.360, 479.730 or 480.545 may appeal to either the local jurisdiction’s…

918-008-0200 Oregon Energy Efficiency Specialty Code (OEESC) Adoption Process (1) The purpose of this rule is to have a predictable and consistent OEESC adoption process to meet the energy efficiency goals of the state, based on a thoroughly vetted, federally recognized national …

918-008-0250 Oregon Residential Specialty Code - Energy Code Proposal Process (1) The purpose of this rule is to establish a consistent and predictable process for adopting the energy provisions of the Oregon Residential Specialty Code (ORSC) to meet the energy efficiency goals o…

918-010-0000 Purpose and Scope of Rule This rule carries out the division’s responsibilities under ORS 453.879 and 453.906. It is intended for use in connection with OAR 333, division 040, rules of the Health Division relating to cleanup of toxic contamination from illegal drug m…

918-010-0005 Reasonable Notice to Interested Parties (1) There is created an interested parties mailing list, maintained by the division, to receive notices of properties placed on the “Unfit for Use” list. (2) Before the adoption, amendment or repeal of this rule, notice will be…

918-010-0015 Registry of Property “Unfit for Use” (1) As required by ORS 453.879, there is created within the Building Codes Division, a registry of property “Unfit for Use.” (2) The registry shall list property determined as “unfit for use” under ORS 453.876 and under the rules …

918-010-0020 Notice of Listing in the Registry (1) The registry is a public record open to inspection by the public during normal business hours. (2) Copies of documents adding to or removing property from the list will be provided to any person upon request. Persons requesting c…

918-010-0025 Condemnation, Demolition and Vacation of Property and Removal of Contents (1) Once property is designated as “unfit for use,” procedures for requiring removal of contents or vacation of the premises may be started. (2) The standards in the 1988 Edition of the Uniform…

918-020-0010 Relationship of Delegation Rules to Statute These rules establish standards for: (1) A procedure for cooperation between local municipalities and the Oregon State Fire Marshal; and (2) The notice of assumption of any portion of the plan review program, required by OR…

918-020-0015 Definitions As used in OAR chapter 918, division 020, unless the context requires otherwise: (1) “Building official” has the meaning given to that term in ORS 455.715. (2) "Contract building official” means an owner, manager or employee of a person that the director …

918-020-0020 Cooperation with Other Agencies (1) Each municipality assuming any portion of the plan review program shall, with the notice of program assumption, include a procedure for communication and cooperation with the State Fire Marshal or the Fire Marshal’s certified desig…

918-020-0070 Purpose and Scope (1) OAR chapter 918, division 020 interprets and applies ORS 455.148 to 455.210 and 2021 Oregon Laws Ch. 599, Sections 2, 4 and 5 (Enrolled SB 866). ORS 455.148 and 455.150 provide that municipalities that administer and enforce building inspection …

918-020-0080 Delegation of Building Inspection Programs The division and every municipality that administers and enforces a building inspection program or desires to assume responsibility to administer and enforce a building inspection program shall prepare an operating plan desc…

918-020-0090 Program Standards Every municipality that administers and enforces an approved building inspection program must establish and maintain the minimum standards, policies, and procedures set forth in this rule. (1) Administrative Standards. A building inspection program …

918-020-0091 Citation Process for Licensing Violations Municipalities must use the forms and procedures approved by the division. Statutory/Other Authority: ORS 455.030 & 455.156 Statutes/Other Implemented: ORS 455.156 History: BCD 6-2004, f. 5-21-04, cert. ef. 7-1-04