Chapter 455 — Chapter 455

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

3.1K chars

ORS 455.015 Legislative findings. The Legislative Assembly finds and declares that

1.1K chars

ORS 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

2.0K chars

ORS 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]

0.2K chars

ORS 455.028 Interagency agreements. (1) The Department of Consumer and Business Services may enter into interagency agreements with the Construction Contractors Board for the board to perform duties on behalf of the department under ORS 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945 or 480.510 to 480.670, this chapter or ORS chapter 447, 460 or 693 regarding

4.5K chars

ORS 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

3.7K chars

ORS 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

0.6K chars

ORS 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

0.5K chars

ORS 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

0.7K chars

ORS 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

0.7K chars

ORS 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

1.5K chars

ORS 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]

0.0K chars

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

0.6K chars

ORS 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]

0.2K chars

ORS 455.058 Investigation fee for work commenced without permit; rules. (1) Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences

0.8K chars

ORS 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

0.9K chars

ORS 455.062 Provision of technical submissions. (1) A Department of Consumer and Business Services employee acting within the scope of that employment may provide typical drawings and specifications

1.8K chars

ORS 455.063 Process for approval by municipality of building construction plan for certain residential structures. (1) The Department of Consumer and Business Services may designate a process by which an applicant for a building permit for a residential structure of a type described in ORS 197A.408 (4)(a) to (c) may receive building construction plan approval from the municipality, including through the use of

0.7K chars

ORS 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

0.8K chars

ORS 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

0.5K chars

ORS 455.070 Report of suspected code violation; rules; form; appeal. (1) Any person may report a suspected violation of the state building code that 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

1.3K chars

ORS 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]

0.2K chars

ORS 455.083 Enjoining violations of state building code. If the Department of Consumer and Business Services has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of the state building code or 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 any rule adopted under those statutes, the department 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 the state building code and 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 chapter 447, 460 or 693 and any rule adopted under those statutes. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. [2013 c.324 §3]

0.2K chars

ORS 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

0.5K chars

ORS 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]

0.2K chars

ORS 455.093 Definition for ORS 455.095, 455.097 and 455.185. As used in ORS 455.095, 455.097 and 455.185, “construction-related” means consisting of, or involving the approving, enabling, expediting or facilitating of, the alteration, construction, demolishing, development, improvement, inspection, moving, operation, repair or wrecking of, or the addition to or subtraction from, public improvements, real property or a structure. [2015 c.170 §1]

0.2K chars

ORS 455.095 Electronic access to building code and construction-related information and services. (1) The Department of Consumer and Business Services shall develop and implement a system that provides electronic access to building codes information. The department shall permit and assist municipalities that administer and enforce building inspection programs to have access to and use the system

1.7K chars

ORS 455.097 Electronic access system development and implementation; uniform form and format for electronic exchange of building program and construction-related service information; waiver of contrary form and format requirements; rules. (1) As used in this section, “form and format”

2.2K chars

ORS 455.098 Minimum standards and statewide consistency in electronic processes; rules. The Department of Consumer and Business Services shall adopt rules to establish minimum standards and statewide consistency in electronic processes for reviewing plans, issuing permits and performing field inspections. [2021 c.223 §1]

0.2K chars

ORS 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]

0.0K chars

ORS 455.110 Other duties of director; rules. Except as otherwise provided by ORS 479.015 to 479.200, 479.210 to 479.220, 479.510 to 479.945, 479.990 and 479.995 and ORS chapters 446, 447, 460, 476 and 480

2.2K chars

ORS 455.112 Elimination of unclear, duplicative, conflicting or inadequate provisions; rules. Notwithstanding any other provision of this chapter, 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, promote consistency within, reduce confusion regarding, administer or enforce the state building code or any requirement for a license, registration, certification, endorsement or other authorization to perform work related to the administration and enforcement of the state building code when any provision of the state building code or a requirement for authorization to perform work is unclear, duplicative or in conflict with another or when the code or a requirement for authorization to perform work 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; 2013 c.110 §3]

0.2K chars

ORS 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

2.3K chars

ORS 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

1.0K chars

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

1.4K chars

ORS 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

1.6K chars

ORS 455.129 Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application. (1) As used in this section, “relative” means an individual related within the third degree as determined by the common law, a spouse, an individual related to a spouse within the third degree as determined by the common law or an individual in an adoptive relationship within the third degree as determined by the common law

6.3K chars

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

0.0K chars

ORS 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 11 members

1.6K chars

ORS 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

1.2K chars

ORS 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

1.2K chars

ORS 455.140 Mechanical Board; duties; membership. (1) There is established a Mechanical Board consisting of 10 members appointed by the Governor

1.5K chars

ORS 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

1.6K chars

ORS 455.146 Frequency of board meetings. (1) The Electrical and Elevator Board established in ORS 455.138, the Board of Boiler Rules established in ORS 480.535 and the State Plumbing Board established in ORS 693.115 shall each meet at least four times per year at times and places specified by the Director of the Department of Consumer and Business Services after consultation with the board, or at times and places specified by the call of a majority of the members of the board after consultation with the director

0.8K chars

ORS 455.148 Comprehensive municipal building inspection programs; building officials and contract 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

10.4K chars

ORS 455.150 Selective municipal building inspection programs; building officials and contract building officials; rules; program duration, plan, failure and abandonment; limitation on program resumption. (1) Except as provided in subsection (15) 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

10.3K chars

ORS 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

1.2K chars

ORS 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

1.3K chars

ORS 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

1.3K chars

ORS 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]

0.2K chars