Title 36A, Housing; Lottery and Games; Environment

(1) The Low-Rise Residential Dwelling Code shall be enforced by inspectors and building officials qualified pursuant to ORS 455.715 to 455.740. (2) Notwithstanding subsection (1) of this section, enforcement of electrical specialty code, permit and licensing provisions shall be u…

(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. (2) “Architect” means an architect as defined in ORS 671.010 in acc…

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…

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 stru…

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: (1) “Building official” for “administrative auth…

(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. (2) If the department determines that the w…

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 er…

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 approp…

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 …

(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 …

As used in ORS 455.715 to 455.740, unless the context otherwise requires: (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 prefabricat…

(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 ad…

(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 portio…

(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 an…

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]

(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. (2) The authority of the director under O…

(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. (2) Any person desiring issuance of an initial certificate as a building official or inspector shall make appli…

(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 cri…

(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: (a) Consis…

(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 cha…

In addition to any other authority and power granted under this chapter and ORS chapters 446, 447, 460, 479, 480 and 693: (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…

As used in ORS 455.800 to 455.820: (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 com…

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: (1) T…

(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 s…

(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 mont…

(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 …

(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. (b) The Electrical and Elevator Board may impose a civil penalty against a person as provided …

Violation of ORS 455.455 or 455.459 is a Class A misdemeanor. [1999 c.1045 §9]

As used in ORS chapters 456 and 458: (1) “Culturally responsive organization” means an entity that, as determined by the Housing and Community Services Department: (a) Comprehensively addresses power relationships throughout the organization by methods that include addressing con…

As used in the Housing Authorities Law, unless the context requires otherwise: (1) “Affordable housing” means dwelling units that may be purchased or rented, with or without government assistance, by persons of eligible income. (2) “Blighted area” means any area where housing, by…

(1) As used in the Housing Authorities Law, unless the context requires otherwise, “area of operation” includes: (a) In the case of a housing authority of a city: (A) The area within the city; (B) If the city has adopted in its comprehensive land use plan an urban growth boundary…

(1) As used in this section: (a) “Community services” means services provided by public or private nonprofit organizations or service agencies that may include, but are not limited to, child care, early childhood education, health, human resources, information and referral servic…

It hereby is declared: (1) That there exists in this state a need for an increase in affordable housing for persons or families of lower income. (2) That it is a goal of this state to increase the availability of affordable housing for persons and families of lower income. (3) Th…

In each city, as defined in ORS 456.055, and county there hereby is created a public body corporate and politic to be known as the “housing authority” of the city or county. However, the housing authority shall not transact any business or exercise its powers until or unless the …

(1) The determination whether there is a need for a housing authority to function in a city or county may be made either by election as provided in this section or by the governing body of a city or county on its own motion. The governing body of the city or county shall order th…

The governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, if it finds that there exists a need for additional safe, decent and sanitary affordable housing for persons or families of lower income. [Amended by 1973 c.672…

(1) In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of authority, the authority is conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of a res…

(1) When the governing body of a city or county adopts a resolution pursuant to ORS 456.085, the governing body may then elect to have the powers of a housing authority under ORS 456.055 to 456.235 exercised in any of the following ways: (a) Appointing by resolution, a commission…

(1) The commissioners of a five-member authority who are first appointed shall serve terms as follows: (a) One commissioner shall be appointed for a term of one year. (b) One commissioner shall be appointed for a term of two years. (c) One commissioner shall be appointed for a te…

(1) A majority of the commissioners of an authority shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. (2) Except as otherwise provided in the Housing Authorities Law, action may be taken by …

For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority appointed pursuant to ORS 456.095 (1) or (2) may be removed by the mayor or, in the case of an authority for a county, by the governing body of the county or, in the case of a regional aut…

(1) No commissioner or employee of an authority shall acquire any interest in any housing project or in any property included or planned to be included in any project, nor shall the commissioner or employee of an authority have an interest except as a tenant in any contract or pr…

No person other than a housing authority created under ORS 456.055 to 456.235 may use the term “housing authority” or a variation of the term “housing authority” in the corporate or other business name or title of the person. Any housing authority may bring a civil suit to enjoin…

A housing authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes of the Housing Authorities Law. These powers shall be veste…

Unless specifically provided, no law with respect to the acquisition, operation or disposition of property by other public bodies applies to a housing authority.

Within its area of operation, a housing authority may: (1) Investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions by either the housing authority or the private market. (2) Determine where blighted areas exist or where…

(1) As used in this section: (a) “Housing authority” means a housing authority created under ORS 456.075. “Housing authority” includes a person exercising delegated powers and duties under ORS 456.135, a local government electing under ORS 456.095 to have the powers of a housing …

Any authority, acting through one or more commissioners or other persons designated by the authority, may: (1) Conduct examinations and investigations and hear testimony and take proof under oath at private or public hearings on any matter material for its information. (2) Admini…

An authority may delegate to one or more of its agents or employees such powers or duties as it deems proper.

Any two or more authorities may join or cooperate with one another in the exercise of any or all of the powers conferred by the Housing Authorities Law for the purpose of financing, planning, undertaking, constructing or operating a housing project or projects located within the …