justicedao/ipfs_state_laws huggingface dataset:
918-480-0125 Uniform Alternate Construction Standard for One and Two Family Dwellings (1) For lots of record created on or after July 2, 2001, if the building official intends to allow one or more of the Uniform Alternate Construction Standards at the time of building permit application, triggered by fire official determinations of inadequate apparatus access or water supply, the building official must: (a) Provide at least a general notification of the intent to allow such Uniform Alternate Construction Standards; and (b) Provide such notification in conjunction with the approval of a land use application under ORS 197.522. (2) The building official, acting in conformance with these rules, may choose to apply one or more Uniform Alternate Construction Standards after a determination by a fire official with authority over water supply and apparatus access, that the water supply, apparatus access, or both are inadequate at a site. A building official shall give consideration to advice of the State Fire Marshal or local fire official that does not conflict with this rule, but shall retain the authority to make final decisions. Decisions to consider a Uniform Alternate Construction Standard and the selection of one or more Uniform Alternate Construction Standards by a building official are final. (3) A Uniform Alternate Construction Standard is not a Statewide Alternate Method. (4) Uniform Alternate Construction Standards for One and Two Family Dwellings. Uniform Alternate Construction Standards are limited to one or more of the following fire suppression and fire containment components: (a) Installation of an NFPA Standard 13D fire suppression system; (b) Installation of additional layers of 5/8 inch, Type-X gypsum wallboard; (c) Installation of fire-resistive compartmentalization of dwellings to limit the spread of fire by use of fire-resistant building elements, components or assemblies. Fire-resistance ratings shall be determined in accordance with the Oregon Structural Specialty Code; (d) Installation of fire-resistive exterior wall covering and roofing components; or (e) Provide fire separation containment in accordance with the default standards as set forth in the Wildland-Urban Interface rules adopted by the Oregon Department of Forestry (see OAR 629-044-1060). (5) When unique site conditions exist on a lot or when installation of a full NFPA Standard 13D fire suppression system is impractical due to substantially increased local system development charges, a building official may accept installation of a partial NFPA Standard 13D fire suppression system in conjunction with one or more of the Uniform Alternate Construction Standards listed in subsections (4)(a) through (e) of this rule. Statutory/Other Authority: ORS 455.610 Statutes/Other Implemented: ORS 455.610 History: BCD 13-2016, f. 9-30-16, cert. ef. 10-1-16 BCD 7-2016(Temp), f. & cert. ef. 6-28-16 thru 12-24-16
918-480-0130 Conventional Light Frame Construction As per ORS 455.628, construction documents designed, prepared and sealed by an Oregon licensed architect or engineer, who has a valid Oregon Inspector Certification, and is also certified in the state of Oregon as one and two family dwelling plans examiners or is certified by the International Code Council as a Residential Building Inspector, are not required to obtain plan review for conventional light frame construction for detached one and two family dwellings. For the purpose of this rule, “Conventional Light Frame Construction” is defined as a type of construction that complies with the requirements under the latest edition of the Oregon Residential Specialty Code and subject to the following limitations: (1) Buildings must be designed such that its vertical and horizontal structural elements are primarily formed by a system of repetitive wood or light gage steel framing members as allowed by the Oregon Residential Specialty Code; (2) Buildings must be subject to the maximum height and story limitations as specified in the Oregon Residential Specialty Code; (3) Bearing wall floor-to-floor heights may not exceed those specified in the Oregon Residential Specialty Code; (4) All design loads, including wind and seismic loading may not be less than those allowed by the Oregon Residential Specialty Code; (5) Site topography and site geotechnical limitations may not exceed those allowed by the Oregon Residential Specialty Code; and (6) Buildings subject to the irregular building limitations as specified in the Oregon Residential Specialty Code. Statutory/Other Authority: ORS 455.020, 455.030 & 455.628 Statutes/Other Implemented: ORS 455.628 History: BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11 BCD 11-2004, f. 8-13-04, cert. ef. 10-1-04
918-480-0140 Certificates of Occupancy — Residential (1) Prior to occupancy of a new residential dwelling or townhouse the building official must issue a certificate of occupancy in the form and format established by the Division, unless a temporary certificate of occupancy is issued by the building official. (2) For purposes of this rule, the terms “residential dwelling” and “townhouse” have the same meaning as in Section R202 of the Oregon Residential Specialty Code. (3) Before the certificate of occupancy is issued, the general contractor or owner who was issued the structural permit for construction must provide to the building official the contact information and relevant license information for the general contractor, as well as any electrical contractor, H-VAC contractor and plumbing contractor that performed work on the residential dwelling or townhouse. (4) A building official may revoke a certificate of occupancy or a temporary certificate of occupancy when the residential dwelling or townhouse is in violation of applicable law that poses a threat to health and safety. The revocation must be in writing and state the basis for the revocation of the certificate of occupancy. Statutory/Other Authority: ORS 455.055 Statutes/Other Implemented: ORS 455.055 History: BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11 BCD 3-2008, f. 2-21-08, cert. ef. 4-1-08
918-480-0150 Low Volume Window Label Program (1) As used in this rule: (a) “Exempt fenestration product” means a skylight or solarium that is exempt from the thermal performance standards established in the Oregon Residential Specialty Code . (b) “Manufacturer” has the definition provided in Chapter 11 of the Oregon Residential Specialty Code . (c) “Window produced in low volume” has the definition provided in Chapter 11 of the Oregon Residential Specialty Code . (2) Manufacturers of windows produced in low volume or exempt fenestration products must participate in a labeling program administered by the Division. Participating manufacturers must: (a) Print their own labels, subject to standards established in the Oregon Residential Specialty Code ; (b) Attach an appropriate label to each window produced in low volume or exempt fenestration product produced for installation in Oregon; (c) Comply with any other applicable labeling requirements established in Chapter 11 of the Oregon Residential Specialty Code ; and (d) Maintain a log in which the attachment of each label is recorded. (3) A manufacturer participating in the Division’s labeling program must obtain, from the Division, a log for recording the attachment of labels to either windows produced in low volume or exempt fenestration products. A participating manufacturer must record in its log the type of window produced in low volume or exempt fenestration product that was labeled, the label’s production number, and the date the label was attached. A copy of a manufacturer’s labeling program log for the previous year must be sent to the Division by no later than January 31st of each year. The log must also be made available to the Division upon request. (4) Participating manufacturers may not: (a) Sell, exchange, or transfer their labels to another manufacturer; (b) Purchase or obtain labels produced by another manufacturer; or (c) Produce or use labels in excess of the maximum established by Chapter 11 of the Oregon Residential Specialty Code . Statutory/Other Authority: ORS 455.525 Statutes/Other Implemented: ORS 455.525 History: BCD 11-2017, f. 9-14-17, cert. ef. 10-1-17 BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11 BCD 36-2008, f. 12-31-08, cert. ef. 1-1-09 BCD 26-2008(Temp), f. & cert. ef. 11-3-08 thru 5-1-09
918-500-0000 Reasonable Notice to Interested Parties Before the adoption, amendment, or repeal of any rule relating to the construction, inspection, installation, or alteration of manufactured dwellings or manufactured dwelling accessory buildings or structures, the Building Codes Division must give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date; and (2) By making the notice available to persons as established under ORS 183.335 (8). Statutory/Other Authority: ORS 446.176 & 446.230 Statutes/Other Implemented: ORS 183.335 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96 BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94 BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92 BCA 1-1990, f. & cert. ef. 1-2-90
918-500-0010 Objective (1) The provisions of OAR 918, divisions 500 and 515 apply to the design, manufacture, installation, alteration, licensing of installers, handling and storage of equipment, and manufactured dwellings rented, leased, sold, installed, or offered for rent, lease, or sale in Oregon as authorized by ORS Chapter 446. (2) A dealer subject to the requirements of OAR 918, division 500, must also comply with OAR 918, division 550 and 441-446-0100 through 441-446-0300. Statutory/Other Authority: ORS, 446.160, 446.230, 446.240 & 455.010 - 455.130 Statutes/Other Implemented: ORS 446.003 - 446.200, 446.225 - 446.423, 446.430 - 446.440 & 446.990 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05 BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96 BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92 BCA 1-1990, f. & cert. ef. 1-2-90
918-500-0035 Additional Requirements (1) The federal Manufactured Home Construction and Safety Standard (24 CFR 3280) in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 is the state of Oregon’s minimum construction and safety standard for manufactured dwellings. (2) Where the design, construction, alteration, or repair of a manufactured dwelling is not covered by the minimum safety and construction standards of these rules or the Oregon Manufactured Dwelling Installation Specialty Code, the requirements in the Oregon Residential Specialty Code apply. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.185 Statutes/Other Implemented: ORS 446.185 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99 BCD 5-1998, f. 2-10-98, cert. ef. 7-1-98
918-500-0040 Disclosure Regarding Permissible Uses, Roof Snow Loads, and Anchoring (1) Dealers and distributors selling manufactured homes for installation in Oregon must present each potential buyer of a new manufactured home with a division disclosure statement to read and sign prior to the completion of the sales contract of any new manufactured home. Prior to presenting disclosures to potential buyers and prior to any sale, dealers and distributors must complete the disclosure in writing indicating the date, dealer’s or distributor’s name, address, and Department of Consumer and Business Services dealer license number. Dealers and distributors must give one signed copy of the disclosure to the buyer and retain one copy in the dealer’s or distributor’s files for not less than five years from the date of sale. Copies of signed disclosures must be made available to the division upon request. (2) Dealers or distributors may reprint the division’s disclosure form or include the division’s disclosure statement within their own sales contract. If a dealer or distributor prints its own disclosure, the content must be identical to the division’s disclosure statement and must not be less than 11 point type size. (3) Dealers and distributors are responsible for maintaining accurate records and filing those reports where required by the federal Manufactured Housing Procedural Regulations (24 CFR 3282), ORS chapter 446 and OAR chapter 918, divisions 500 and 515. [NOTE: Disclosure form is available from the division and can be found on the division Web site at <http://www.oregon.gov/bcd/permit-services/Pages/manufactured-dwelling-services.aspx>.] [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.260 Statutes/Other Implemented: ORS 446.260 History: BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018 BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99 BCD 4-1998, f. 2-10-98, cert. ef. 7-1-98
918-500-0055 Municipal Authority (1) When the division delegates the authority to perform plan reviews, issue permits, and perform inspections for alterations and installations of manufactured dwellings and accessory buildings and structures to a local government as provided by ORS 446.250, the delegation includes the obligation to comply with all applicable laws, rules, standards, and codes including collection and remittance to the division of state fees and surcharges. (2) Failure to comply with all applicable laws, rules, and codes constitute failure to consistently act in the public interest or to carry out the duties assumed by local government, and must be enforced under the provisions of ORS 446.253 and 446.255. Statutory/Other Authority: ORS 446.253 Statutes/Other Implemented: ORS 446.250 & 455.150 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99 BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96 BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94 BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92 BCA 23-1991, f. 7-2-91, cert. ef. 7-5-91 BCA 11-1991(Temp), f. 4-30-91, cert. ef. 5-1-91
918-500-0105 Installation Permit Fees The following fees apply to the division and do not apply to municipalities. Municipalities who have been delegated the manufactured dwelling installation program by the division may establish their own fee schedule or adopt the division’s fee schedule through local ordinance. (1) Manufactured Dwelling and Cabana Installation Permit Fee: $160 per installation. This permit fee includes review of the plot plan, the installation inspection and the final inspection. This permit fee does not include retaining walls over four feet high or basement construction under a manufactured dwelling. (2) Earthquake-Resistant Bracing System Installation Permit Fee: $110 per installation. This permit fee is only charged when the earthquake-resistant bracing (ERB) system is not part of the original manufactured dwelling installation. (3) Manufactured Dwelling Retaining Wall (if over 48 inches) or Basement Permit Fees: The fees are those published in the Oregon Residential Specialty Code. (4) Manufactured Dwelling, Cabana, and ERB Installation Reinspection Fee: $110 per inspection. (5) State Code Development and Training and Monitoring Fee: $30: (a) This fee is in addition to all other fees and charges and must be paid by all purchasers of manufactured dwelling or cabana installation permits regardless of whether the permit is issued by the state or a municipality; (b) If the installation permit is issued by a municipality, this fee must be collected and remitted to the division in the same manner as required by ORS 455.220(2) for surcharges collected by municipalities. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.176 & 446.230 Statutes/Other Implemented: ORS 446.176 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 1-2002, f. 1-28-02, cert. ef. 4-1-02 BCD 14-2001, f. 10-15-01, cert. ef. 11-1-01 BCD 6-2001(Temp), f. 6-15-01, cert. ef. 7-1-01 thru 12-27-01 BCD 1-2001, f. 1-24-01, cert. ef. 2-1-01 BCD 15-2000(Temp), f. 8-2-00, cert. ef. 10-1-00 thru 3-29-01 BCD 23-1998, f. 11-9-98, cert. ef. 11-15-98 BCD 11-1998(Temp), f. 6-2-98, cert. ef. 7-1-98 thru 12-27-98 BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96 BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94 BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
918-500-0110 Additional Fees (1) When the division determines that a person has failed to obtain required inspections, permits, labels, insignias, tags, or plan reviews, which requires the division staff to work outside normal business hours, the person may be charged additional fees as described in sections (4) and (5) of this rule. (2) Persons who sell or ship manufactured dwellings or equipment known to be out of compliance or that require inspections or reinspections prior to selling or shipment, that require division staff to work outside normal business hours, may be charged additional fees as described in sections (4) and (5) of this rule. (3) Installers failing to leave a copy of the manufacturer’s installation manual when required, failing to attach an installation certification tag or failing to respond to a correction notice are subject to a reinspection fee required under section (6) of this rule. (4) Persons requesting or requiring inspections or field technical service outside the normal business hours of the division are charged fees at 1 and 1/2 times the amounts shown in OAR 918-500-0100 except for travel expenses. (5) Persons requesting or requiring inspections or field technical service on recognized state holidays are charged two times the amounts shown in OAR 918-500-0100 except for travel expenses. (6) Persons requesting inspections when work is not ready for inspection, or causing an inspector to make an additional trip for failure to make corrections or failure to notify the division of corrections are charged re-inspection fees as described in OAR 918-500-0100(4). Statutory/Other Authority: ORS 446.176 & 446.230 Statutes/Other Implemented: ORS 446.176 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99 BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96 BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94 BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92 BCA 1-1990, f. & cert. ef. 1-2-90
918-500-0300 Manufacturer Registration (1) All manufactured dwelling manufacturers who are located in or who ship into Oregon must register with the division. (2) Manufacturing facility registration must be renewed by January 1 of each year by complying with the renewal notice sent by the division. (3) A current copy of each manufacturing facility’s Quality Assurance Manual, Installation Manual, Home Owner’s Manual, and Warranty Provisions must accompany each application for registration and renewal. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.176 & 446.230 Statutes/Other Implemented: ORS 446.230 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99 BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96 BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94 BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92 BCA 1-1990, f. & cert. ef. 1-2-90
918-500-0310 Manufacturer Certification All manufacturers of manufactured dwellings must be certified by the division or other approved HUD primary inspection agency, pursuant to the Federal Manufactured Home Procedural and Enforcement Regulations (24 CFR Section 3282.362), and meet the requirements for registration in OAR 918-500-0300. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.176 & 446.230 Statutes/Other Implemented: ORS 446.225 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96 BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94 BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92 BCA 1-1990, f. & cert. ef. 1-2-90
918-500-0320 Change of Ownership If there is a change of ownership of a manufactured dwelling manufacturer, the new owner must, within ten days of the date of change, register with the division pursuant to OAR 918-500-0300.. Statutory/Other Authority: ORS 446.176 & 446.230 Statutes/Other Implemented: ORS 446.230 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96 BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94 BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92 BCA 1-1990, f. & cert. ef. 1-2-90
918-500-0330 Change of Name, Address or Location When a manufacturer changes its name, address, or location, the manufacturer must notify the division in writing within ten days of the date of change. The notice must be accompanied by an Application for Manufacturer Registration, together with the fee. Statutory/Other Authority: ORS 446.176 & 446.230 Statutes/Other Implemented: ORS 446.230 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96 BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94 BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92 BCA 1-1990, f. & cert. ef. 1-2-90
918-500-0340 Production Discontinuance When a manufactured dwelling manufacturer discontinues production, the manufacturer must return all unused insignia of compliance to the division. Statutory/Other Authority: ORS 446.176 & 446.230 Statutes/Other Implemented: ORS 446.230 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96 BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94 BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92 BCA 1-1990, f. & cert. ef. 1-2-90
918-500-0400 Required Inspection (1) A person may not manufacture, transport, rent, lease, or sell or offer for rent, lease, or sale a new manufactured dwelling without requesting an inspection from the division if any of the following conditions exist: (a) The manufactured dwelling has been altered by the manufacturer or dealer before or at the time of sale to the first consumer but has not been approved by the division; (b) The manufactured dwelling has left the manufacturer’s facility under a “Notice of Violation” or “Red Tag” condition; or (c) Violations noted in an inplant inspection report have not been corrected through the inspection process. (2) When inspections reveal that a manufacturer is not manufacturing structures according to their approved design or to the Federal Construction and Safety Standard, and the manufacturer has been provided with a written report identifying specific provisions of the design or the standard that have been in violation, and the manufacturer continues to manufacture structures in violation, the division may withhold or remove insignia, increase the frequency of inspections, or provide training. (3) To facilitate required inplant and field inspections, a manufacturer may not construct a manufactured dwelling under an alternate construction method according to the federal Manufactured Home Procedural and Enforcement Regulations (24 CFR Section 3282.14) without first notifying the division in writing and supplying a copy of the alternate construction method approval from HUD. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.176 & 446.230 Statutes/Other Implemented: ORS 446.155 History: BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 19-1995, f. 12-15-95, cert. 1-1-96 BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94 BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92 BCA 1-1990, f. & cert. ef. 1-2-90