Title 36A, Housing; Lottery and Games; Environment

(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 …

(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 shal…

(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 en…

(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 …

(1) The Director of the Department of Consumer and Business Services shall delegate to any municipality that requests any of the authority, responsibilities and functions of the director relating to recreation parks, organizational camps and picnic parks as defined in ORS 446.310…

(1) As used in this section: (a) “Conditions of development” means requirements that, as part of a residential subdivision, a developer, declarant or owner must construct public improvements that are contained in: (A) A development agreement under ORS 94.504 to 94.528; (B) Condit…

(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 …

(1) Notwithstanding ORS 455.148, 455.150 and 455.153, upon request by one or more municipalities and with the consent of all affected parties, the Director of the Department of Consumer and Business Services may enter into an agreement for the Department of Consumer and Business …

(1) An agreement under ORS 455.185 may provide for the parties to the agreement to share any fee revenue generated by the administration and enforcement of the agreement and to expend the fee revenue anywhere within the geographic area covered by the agreement. (2) Notwithstandin…

(1) Subject to ORS 293.235 to 293.245, 293.250, 293.260 to 293.280, 293.285 and 293.293 and any rules adopted under ORS 293.235 to 293.245, 293.250, 293.260 to 293.280, 293.285 and 293.293, and notwithstanding ORS chapter 240, 276, 282, 283, 291 or 292 or other provisions of ORS …

(1) If the Department of Consumer and Business Services assumes the administration and enforcement of a building inspection program that has been surrendered or abandoned by a municipality, and immediately prior to the surrender or abandonment the municipality was charging a fee …

Notwithstanding any surcharge use described in ORS 455.210 (4), the Director of the Department of Consumer and Business Services may use moneys from surcharges imposed under ORS 455.210 (4) for the purpose of paying the Department of Consumer and Business Services’ costs of carry…

The Director of the Department of Consumer and Business Services: (1) May adopt rules, establish policies and procedures and take other actions the director considers reasonable or expedient for carrying out agreements under ORS 455.148 (13), 455.150 (13) or 455.185 and any dutie…

(1) As used in ORS 455.202 to 455.208: (a) “Building official” has the meaning given that term in ORS 455.715. (b) “Contract building official” means an owner, manager or employee of a person that the Director of the Department of Consumer and Business Services has licensed to pe…

(1) A municipality may enact or adopt an ordinance or resolution or take another legislative action to ratify the discretionary decisions that a contract building official made before January 1, 2022. (2) If a municipality ratifies a discretionary decision that a contract buildin…

(1) A building official, a contract building official, an inspector, a plan reviewer or another person that provides building inspection services under contract with a municipality is a public official for the purposes of ORS chapter 244. (2) In addition to and not in lieu of the…

(1) A city that intends to continue to procure services from a contract building official shall, on or after January 1, 2022: (a) Comply with ORS 455.202; and (b) Submit an updated operating plan to the Director of the Department of Consumer and Business Services that outlines th…

(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 ins…

(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 a…

(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 OR…

(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)…

(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-Ri…

(1) Except as provided in subsection (2) of this section, if the manufacturer intends a structure manufactured in this state to be for delivery in another state, the Director of the Department of Consumer and Business Services may not require that: (a) The structure conform to th…

(1) The provisions of this chapter do not authorize the application of a state structural specialty code to any agricultural building, agricultural grading, equine facility or dog training facility. (2) As used in this section: (a)(A) “Agricultural building” means a structure loc…

(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 …

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 outbuil…

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 stru…

(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 sha…

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…

(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 str…

(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 ma…

(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 ins…

(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…

(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 buildin…

(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 ag…

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 …

(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 …

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…

(1) A recreational vehicle that has a title issued by the Department of Transportation does not qualify as a structure. If a recreational vehicle is being converted to use as a structure, at the time of commencing the conversion the owner shall surrender the title and any registr…

(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 construc…

(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 sm…

(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 curr…

(1) As used in this section: (a) “Electric vehicle charging station” means a device or facility for delivering electricity for motor vehicles that use electricity for propulsion. (b) “Municipality” has the meaning given that term in ORS 455.010. (c) “Provisions for electrical ser…

(1) As used in this section: (a) “Community microgrid” means a microgrid that is located within a geographical area that a local government designates as a microgrid zone under ORS 197.729. (b) “Microgrid” means a group of interconnected loads and distributed energy resources wit…

(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 …

(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 eac…

(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 …

The Department of Consumer and Business Services may not prohibit in the state building code the use of refrigerants listed as of January 1, 2022, under regulations adopted under 42 U.S.C. 7671k as safe alternatives to Class I and Class II substances if the safe alternatives are …

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 a…

(1) The Department of Consumer and Business Services shall adopt the wildfire hazard mitigation code standards of section R327 of the 2023 Oregon Residential Specialty Code. (2) The department shall by rule create a process for municipalities to adopt the wildfire hazard mitigati…