Chapter 447 — Chapter 447

ORS 447.010 Definitions for ORS 447.010 to 447.156 and 447.992. As used in ORS 447.010 to 447.156 and 447.992, unless the context requires otherwise

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ORS 447.020 Plumbing to conform to state building code; rules; enforcement. (1) All installations of plumbing and drainage in buildings and structures in this state and all potable water supply, drainage, and waste installations, within or serving buildings or structures, except in temporary construction camps, and except as otherwise provided in ORS 447.010 to 447.156 and 447.992, shall be made in accordance with the requirements of ORS 447.010 to 447.156 and 447.992 and ORS chapter 455

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ORS 447.023 Small restaurant requirements. Rules adopted under ORS 447.020 shall allow restaurants with an occupancy capacity of no more than 15 persons, including employees and patrons, to have only one toilet fixture and adjacent lavatory on the premises. [1979 c.390 §4; 1981 c.438 §30]

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ORS 447.026 Identification on potable water pipe required. (1) All water pipe used to carry potable water sold in this state shall be clearly marked the entire length of pipe, at intervals of length set by the Director of the Department of Consumer and Business Services with the approval of the State Plumbing Board, with

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ORS 447.030 [Amended by 1969 c.540 §1; 1973 c.734 §3; 1973 c.835 §223; 1975 c.429 §3; 1981 c.438 §32; repealed by 2005 c.758 §56]

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ORS 447.033 [1955 c.548 §§3,4; 1969 c.540 §2; repealed by 1973 c.835 §234]

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ORS 447.034 [1973 c.427 §2; repealed by 1981 c.438 §46]

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ORS 447.035 [1955 c.548 §5; repealed by 1973 c.835 §234]

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ORS 447.040 Plumbing contractor license. (1) A person may not work as a plumbing contractor, or advertise or purport to be a plumbing contractor, and a member or employee of a firm, partnership or corporation may not engage in the layout or superintending of plumbing installations, without having obtained the plumbing contractor license required under ORS 447.010 to 447.156 as provided by State Plumbing Board rules adopted under ORS 455.117

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ORS 447.050 [Amended by 1973 c.835 §225; 1981 c.438 §33; repealed by 2005 c.758 §56]

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ORS 447.060 Engaging in certain plumbing work not affected. (1) ORS 447.010 to 447.156 do not apply to a person

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ORS 447.065 Solar heating and cooling systems. (1) Notwithstanding ORS 447.020, a person may not engage in the trade of installing solar heating and cooling systems unless the person possesses either a license as a journeyman plumber issued under ORS chapter 693 or a solar heating and cooling system installer license issued by the State Plumbing Board under ORS 693.111

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ORS 447.070 Plumbing contractor license prerequisite to maintenance of legal action. A person carrying on, conducting or transacting a plumbing business may not maintain any suit or action in any of the courts of this state to recover for the performance of plumbing work without alleging and proving that the person was duly licensed as a plumbing contractor at the time of the work. [Amended by 1955 c.548 §8; 1973 c.835 §227; 2005 c.758 §14]

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ORS 447.072 Plumbing permit and inspection exemptions; rules. Notwithstanding ORS 455.610, the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules to create an exemption from permit and inspection requirements for ordinary minor repairs in low-rise residential dwellings and commercial structures when the board finds that the plumbing does not involve any changes or alterations of the existing plumbing system. The exemption from the permit

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ORS 447.076 Inspection of minor plumbing installations; rules. Notwithstanding ORS 455.610, the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules to create a mandatory inspection program for minor plumbing installations made by licensed plumbing contractors in low-rise residential dwellings. The rules adopted by the department shall

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ORS 447.080 City and county plumbing regulations. No city or county shall enact or enforce any ordinances or building codes providing different requirements than those imposed by the state building code for the regulation of the business of master plumbing or the installation of drainage work unless authorized by the Director of the Department of Consumer and Business Services under ORS 455.040. [Amended by 1955 c.548 §9; 1963 c.47 §1; 1973 c.834 §31; 1973 c.835 §228; 1985 c.590 §1]

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ORS 447.085 [1973 c.734 §7; 1977 c.748 §1; repealed by 1981 c.438 §46]

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ORS 447.090 [Repealed by 1971 c.753 §74]

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ORS 447.091 Contracts with sanitary districts and authorities and service districts for inspection of building sewers. The Department of Consumer and Business Services or local government administering the plumbing specialty code adopted under ORS 447.020 (2) may, upon request of any sanitary district formed pursuant to ORS 450.005 to 450.245, sanitary authority established under ORS 450.600 to 450.989, or county service district established under ORS 451.410 to 451.610, contract for the inspection of building sewers constructed to connect a district sewage system if inspectors employed by such district are certified for sewer inspections under ORS 455.715 to 455.740. [1977 c.828 §4]

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ORS 447.095 Fee schedule; inspection agreements with governmental units. (1) Rules adopted under ORS 447.020 shall provide a plumbing inspection fee schedule. The schedule shall establish inspection fees for inspections made by the Department of Consumer and Business Services under ORS 447.010 to 447.156, 447.992 and 455.610 to 455.630 based on the cost of making inspections as measured by the time required of the inspector

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ORS 447.097 Disposition of moneys received under ORS 447.010 to 447.156 and 447.992. All moneys received by the Department of Consumer and Business Services under ORS 447.010 to 447.156 and 447.992 shall be disposed of in accordance with ORS 693.165. [1981 c.438 §42]

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ORS 447.100 Restriction on tank-type water closets in certain buildings. (1) No new hotel, motel, apartment house, dwelling, office building or other structure shall be constructed which employs a tank-type water closet that is not approved by the Director of the Department of Consumer and Business Services, with the approval of the State Plumbing Board, as meeting adequate standards of safety and sanitation

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ORS 447.105 [1977 c.171 §3; 1981 c.438 §37; repealed by 1987 c.453 §1]

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ORS 447.110 [Amended by 1963 c.194 §1; 1969 c.443 §1; 1973 c.835 §229; repealed by 1973 c.834 §46]

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ORS 447.115 “Compost toilet” defined. As used in ORS 447.118 and 447.124, “compost toilet” means a permanent, sealed, water-impervious toilet receptacle screened from insects, used to receive and store only human wastes, urine and feces, toilet paper and biodegradable garbage, and ventilated to utilize aerobic composting for waste treatment. [1977 c.523 §2]

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ORS 447.118 Standards for compost toilets; rules; security required of certain installers. (1) Nothing in ORS 447.010 to 447.156 and 447.992 shall prohibit the installation of a compost toilet for a dwelling by the occupant of the dwelling if the compost toilet complies with the minimum requirements established under this section

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ORS 447.120 [Amended by 1963 c.194 §2; 1969 c.443 §2; 1973 c.835 §230; repealed by 1973 c.834 §46]

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ORS 447.124 Inspection of compost toilets; orders to remedy violations; action against security bond; review of orders; costs as lien against dwelling. For the purpose of enforcing ORS 447.118 and the rules adopted thereunder, the Department of Consumer and Business Services, with the assistance of the Oregon Health Authority

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ORS 447.130 [Repealed by 1973 c.834 §46]

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ORS 447.135 [1967 c.308 §§2,3,4; 1983 c.676 §29; renumbered 480.557]

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ORS 447.140 Waste water and sewage from plumbing fixtures; requirements; prohibitions. (1) All waste water and sewage from plumbing fixtures shall be discharged into a sewer system or alternate sewage disposal system approved by the Environmental Quality Commission or Department of Environmental Quality under ORS chapters 468, 468A and 468B

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ORS 447.145 Standards for fixtures; exemptions; rules. (1) All new fixtures approved for installation during construction, reconstruction, alteration and repair of buildings and other structures under ORS 447.020 shall comply with rules adopted by the Director of the Department of Consumer and Business Services. The rules shall be consistent with performance requirements and test procedures established by the American National Standards Institute, or other equivalent recognized North American standards and procedures. Except for used fixtures allowed under subsection (4) of this section, the average amount of water used by new or replacement fixtures under the applicable test procedures shall not exceed

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ORS 447.150 [1969 c.452 §1; repealed by 1979 c.57 §3]

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ORS 447.152 Plumbing products rules; standards; certification. In compliance with ORS chapter 183, the Director of the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules, including but not limited to

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ORS 447.154 Plumbing product exemption; rules; installation. (1) The State Plumbing Board may, by rule, grant partial or complete exemptions from any of the provisions of ORS 447.010 to 447.156 and 455.010 to 455.740 to any plumbing product if it is determined that the plumbing product does not present a danger to the health and safety of the people of this state

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ORS 447.156 Sale of uncertified plumbing products prohibited; rules; remedy of purchaser. (1) Except as provided under ORS 447.154 and subsection (3) of this section, no person shall offer to sell, sell or dispose of, by gift or otherwise, in connection with the person’s business an uncertified plumbing product

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ORS 447.160 [1981 c.438 §44; 1999 c.846 §1; repealed by 2001 c.411 §31]

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ORS 447.210 Definitions for ORS 447.210 to 447.280. As used in ORS 447.210 to 447.280, unless the context requires otherwise

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ORS 447.220 Purpose. It is the purpose of ORS 447.210 to 447.280 to make affected buildings, including but not limited to commercial facilities, public accommodations, private entities, private membership clubs and churches, in the state accessible to and usable by persons with disabilities, as provided in the Americans with Disabilities Act, and to make covered multifamily dwellings in the state accessible to and usable by all persons with disabilities, as provided in the Fair Housing Act. In requiring that buildings and facilities be usable by persons with disabilities, it is not the intention of the Legislative Assembly to require that items of personal convenience such as rest rooms, telephones and drinking fountains be provided for members of the public who have disabilities if they are not otherwise provided for members of the public who do not have disabilities. However, pursuant to the Americans with Disabilities Act, the Director of the Department of Consumer and Business Services may provide greater protection to individuals with disabilities by adopting more stringent standards than prescribed by the Americans with Disabilities Act. [1971 c.320 §1; 1973 c.539 §2; 1979 c.133 §2; 1989 c.224 §110; 1993 c.503 §2]

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ORS 447.230 Standards and specifications to eliminate architectural barriers. (1) The Director of the Department of Consumer and Business Services shall, pursuant to ORS 455.030 and ORS chapter 183, establish standards and specifications in the structural code necessary to eliminate architectural barriers to entry to and use of affected buildings and their related facilities by persons who have disabilities

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ORS 447.231 Rules to eliminate architectural barriers. Notwithstanding any other provision of law and the authority of any board within the Department of Consumer and Business Services, the Director of the Department of Consumer and Business Services shall adopt rules to conform the state building code to the Americans with Disabilities Act and the Fair Housing Act and the regulations adopted thereunder. In addition, the director shall adopt rules to conform the state building code to the provisions of ORS 447.210 to 447.280, to the extent to which any statute is stricter than the Americans with Disabilities Act or the Fair Housing Act. [1991 c.691 §2; 1993 c.503 §4; 2003 c.14 §269]

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ORS 447.233 Accessible parking space requirements; inspection of spaces; violation. (1) The Director of the Department of Consumer and Business Services shall include in the state building code, as defined in ORS 455.010, a requirement that the number of accessible parking spaces specified in subsection (2) of this section be provided for affected buildings subject to the state building code and that the spaces be signed as required by subsection (2) of this section. Spaces may also be marked in a manner specified in the state building code

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ORS 447.235 [1973 c.539 §11; 1989 c.224 §112; repealed by 1993 c.503 §14]

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ORS 447.240 [1971 c.320 §4; 1973 c.539 §4; 1973 c.540 §1; 1974 c.36 §14; 1989 c.224 §113; repealed by 1993 c.503 §14]

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ORS 447.241 Standards for renovating, altering or modifying certain buildings; barrier removal improvement plan. (1) Every project for renovation, alteration or modification to affected buildings and related facilities that affects or could affect the usability of or access to an area containing a primary function shall be made to insure that, to the maximum extent feasible, the paths of travel to the altered area and the rest rooms, telephones and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope

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ORS 447.243 [1973 c.539 §6; 1989 c.224 §114; repealed by 1993 c.503 §14]

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ORS 447.245 [1973 c.539 §17; 1973 c.540 §3; repealed by 1993 c.503 §14]

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ORS 447.247 Elevators required; criteria; rules. (1) Elevators are required

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ORS 447.250 Waiver or modification of standards and specifications; appeals board; procedures; fees. (1) When a person or governmental entity undertaking the construction, renovation, alteration or modification of an affected building or its related facilities determines that a particular standard or specification exceeds the standards or specifications imposed by the Americans with Disabilities Act and the Fair Housing Act, and that full compliance with the standard or specification is impractical in that it would defeat the purpose of the project proposed or in process, it may apply to the appeals board having jurisdiction over the project for a waiver or modification of such standard or specification, setting forth the reasons for its determination and a proposal for the work complying with the particular standard or specification to the maximum extent that it considers practical

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ORS 447.255 Access to lottery-funded facilities by persons with disabilities. (1) It is the intent of the Legislative Assembly that any affected buildings, the construction costs of which are paid for in whole or in part by lottery funds, shall be accessible to and usable by persons with disabilities in the manner prescribed in ORS 447.210 to 447.280

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