Title 36A, Housing; Lottery and Games; Environment

As used in this chapter, unless the context requires otherwise: (1)(a) “Advisory board” means the board with responsibility for assisting in the adoption, amendment or administration of a specialty code, specifically: (A) The Building Codes Structures Board established under ORS …

The Legislative Assembly finds and declares that: (1)(a) It is in the best interests of this state that construction-related development activities proceed in a manner that is as quick and efficient as practicable; (b) Ensuring that construction-related development activities pro…

(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 device…

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 O…

(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 480.67…

(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, …

(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. (2) Notwithstanding subsection (1) of this section, a rule adopting constructio…

(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 differe…

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…

(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 455.0…

(1) The Department of Consumer and Business Services shall: (a) Develop and administer an installation label program for minor installations under the state building code, including but not limited to electrical installations under ORS 455.627, 479.540 and 479.570 and plumbing in…

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] Note: See note under 455.044.

All building permits issued in this state shall contain the following information: (1) The name and address of the owner of the building or structure to be constructed or altered under the permit; (2) The name and address of the builder or contractor, if known, who will perform t…

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 bu…

(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 o…

(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 …

(1) A Department of Consumer and Business Services employee acting within the scope of that employment may provide typical drawings and specifications: (a) For structures of a type for which the provision of technical submissions is exempted under ORS 671.030 from the application…

(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 …

(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 a…

(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, a…

(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…

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 accordan…

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, …

(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, q…

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 availab…

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,…

(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 t…

(1) As used in this section, “form and format”: (a) Means the arrangement, organization, configuration, structure or style of, or method of delivery for, providing required information or providing the substantive equivalent of required information. (b) Does not include altering …

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] Note: 455.098 was enacted into law by the Leg…

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, a…

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: (1) The Director of the Department of Consumer and Business Services shall coordinate, interpret and generally supervis…

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 rega…

(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 …

(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 approve…

(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, partnershi…

(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, partnershi…

(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…

(1) There is established in the Department of Consumer and Business Services a Building Codes Structures Board consisting of 11 members. (2) The Building Codes Structures Board shall assist the Director of the Department of Consumer and Business Services in administering the stru…

(1) There is established a Residential and Manufactured Structures Board consisting of 11 members appointed by the Governor. (2) The members of the board shall assist the Director of the Department of Consumer and Business Services in administering the low-rise residential dwelli…

(1) There is established in the Department of Consumer and Business Services an Electrical and Elevator Board consisting of 15 members. (2) The Electrical and Elevator Board shall assist the Director of the Department of Consumer and Business Services in administering the electri…

(1) There is established a Mechanical Board consisting of 10 members appointed by the Governor. (2) The members of the board shall assist the Director of the Department of Consumer and Business Services in administering the code adopted pursuant to ORS 455.020 for mechanical devi…

(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. (2)(a) The term of office of each member is four years and a m…

(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 Departm…

(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: (A) The state building code, as defined in ORS 455.010, except as set forth in paragraph (b) of this subsectio…

(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 prog…

(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…

(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: (a) The specialty code under ORS chapter 447 or 455 or ORS 479.510 to 479.945 and …

(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 und…

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 admin…

(1) Notwithstanding any other provision of this chapter, ORS chapter 693 or ORS 447.010 to 447.156, 447.992, 479.510 to 479.945, 479.990 or 479.995, the Department of Consumer and Business Services shall carry out the provisions of this section. (2)(a) A municipality that establi…