193 sections in this chapter.
ORS 455.615 [2017 c.394 §2; repealed by 2019 c.401 §16]
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[Repealed or reserved.]
ORS 455.616 Construction standards for small homes. (1) As used in this section, “small home” means a dwelling that is not more than 400 square feet in size
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(2) The Director of the Department of Consumer and Business Services shall adopt construction standards for small homes for incorporation into the state building code. The construction standards for small homes must include, but need not be limited to, standards that: (a) Allow s…
ORS 455.620 [1987 c.604 §3; repealed by 1991 c.366 §2]
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[Repealed or reserved.]
ORS 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]
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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.
ORS 455.625 Rules for permits; schedule of inspections. The Director of the Department of Consumer and Business Services shall, by rule, adopt
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(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]
ORS 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]
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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.
ORS 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]
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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.
ORS 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
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(a) The plans for the dwelling are designed and stamped by a professional engineer registered under ORS 672.002 to 672.325 or an architect registered under ORS 671.010 to 671.220; and (b) The engineer or architect is certified by the Director of the Department of Consumer and Bus…
ORS 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
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(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;…
ORS 455.635 [Formerly 456.787; renumbered 455.085 in 1991]
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PUBLIC ASSEMBLY STRUCTURES
ORS 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
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(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) “Profe…
ORS 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]
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Note: See note under 455.640.
ORS 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]
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Note: See note under 455.640. MUNICIPAL REVIEW AND INSPECTION (Generally)
ORS 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
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(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]
ORS 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
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(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…
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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 prefabricated structure that is exempt under ORS 455.312 (1)
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(2)(a) A person may not engage in plan approvals or inspections for a structure without being certified under ORS 455.715 to 455.740 or 479.810 unless the person is providing plan approvals or inspections for a structure that is exempt under ORS 455.312 (1). (b) Except as provide…
ORS 455.715 Definitions for ORS 455.715 to 455.740. As used in ORS 455.715 to 455.740, unless the context otherwise requires
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(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 contract…
ORS 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
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(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 must incl…
ORS 455.723 Specialized building inspectors; rules. (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
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(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 inspec…
ORS 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
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(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 ma…
ORS 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]
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[Repealed or reserved.]
ORS 455.732 Certification of inspectors to perform duties in building code administrative regions; training program recognition. (1) As used in this section, “building code administrative region” means a region established by the Director of the Department of Consumer and Business Services under ORS 455.042 for the uniform administration of the state building code
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(2) The authority of the director under ORS 455.720 and 455.723 to specify terms, conditions and classifications for the certification of inspectors includes the authority to certify an inspector to perform inspections under multiple specialty codes or parts of a specialty code. …
ORS 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
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(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…
ORS 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
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(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…
ORS 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
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(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); (c) Provided false information to the department; or (d) Committed an act described in ORS 455.125 o…
ORS 455.770 Investigation of municipality, building official or inspector; corrective action; revocation of authority. (1) In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under ORS 197A.800 to 197A.820, 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 the state building code or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693 or any rule adopted under those statutes, the director may
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(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 otherwi…
ORS 455.775 Enforcement authority of director; investigations; corrective actions; prevention or termination of violation. In addition to any other authority and power granted under this chapter and ORS chapters 446, 447, 460, 479, 480 and 693
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(1) The Director of the Department of Consumer and Business Services may, at the discretion of the director, enforce the provisions of 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, 479.995 and 480.510 to 4…
ORS 455.800 Definitions for ORS 455.800 to 455.820. As used in ORS 455.800 to 455.820
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(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 e…
ORS 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
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(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…
ORS 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
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(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 b…
ORS 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
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(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 …
ORS 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
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(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 verificati…
ORS 455.840 [Formerly 705.700; repealed by 2003 c.675 §49]
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[Repealed or reserved.]
ORS 455.842 [Formerly 705.705; 2003 c.675 §41; 2005 c.833 §5; renumbered 455.044 in 2005]
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[Repealed or reserved.]
ORS 455.844 [Formerly 705.710; 2003 c.675 §42; 2005 c.833 §§6,10; renumbered 455.046 in 2005]
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[Repealed or reserved.]
ORS 455.846 [Formerly 705.715; 2003 c.675 §43; renumbered 455.048 in 2005]
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[Repealed or reserved.]
ORS 455.848 [Formerly 705.720; repealed by 2003 c.675 §49]
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PENALTIES
ORS 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
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(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.…
ORS 455.897 Criminal penalties. Violation of ORS 455.455 or 455.459 is a Class A misdemeanor. [1999 c.1045 §9]
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[Repealed or reserved.]
ORS 455.990 [Formerly 456.885 (2); repealed by 1995 c.553 §16; 1995 c.675 §6]
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