justicedao/ipfs_state_laws huggingface dataset:
918-460-0050 Structural Permit Fees Effective July 1, 1999, the Building Codes Division fees for administration of the Oregon Structural Specialty Code are based on 130 percent of Table 3-A of the 1979 edition of the Uniform Building Code as published by the International Conference of Building Officials, as authorized in ORS 455.210. Structural permit fees are published in their entirety in Table 2-S. [Publications: Publications referenced are available from the agency.] [NOTE: Table referenced is not included in rule text.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 455.020 & 455.210 Statutes/Other Implemented: ORS 455.210 History: BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018 BCD 7-2014, f. 6-20-14, cert. ef. 7-1-14 BCD 23-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 6-2011, f. & cert. ef. 3-11-11 BCD 4-2010, f. 5-14-10, cert. ef. 7-1-10 BCD 11-1999, f. 9-7-99, cert. ef. 10-1-99 BCD 8-1999(Temp), f. & cert. ef. 7-1-99 thru 12-27-99
918-460-0060 Fees for Consultation Services The following fees are established for: (1) Consultation services related to structural, mechanical and fire and life safety plans: $70 per hour or fraction thereof, with a minimum charge of one hour; and (2) Consultation and approval of alternate materials and methods: $75 per hour or fraction thereof, with a minimum charge of one hour. Statutory/Other Authority: ORS 455.020 Statutes/Other Implemented: ORS 455.020 History: BCD 26-2001, f. 12-28-01, cert. ef. 1-1-02
918-460-0070 Phased Project and Deferred Submittal Fees When requested to review and approve plans for phased construction or deferred plan submittals under the Oregon Structural Specialty Code, the following fees in addition to the applicable plan review and permit fees shall apply. (1) Phased Projects. There shall be an application fee of $100 for each separate phase of the project. In addition, the plan review fee shall be increased in an amount equal to 10 percent of the building permit fee calculated according to OAR 918-460-0050 using the value of the particular phase of the project, not to exceed an additional $1,500 for each phase. (2) Deferred Submittals. The fee for processing and reviewing deferred plan submittals shall be an amount equal to 65 percent of the building permit fee calculated according to OAR 918-460-0050 using the value of the particular deferred portion or portions of the project. This fee is in addition to the project plan review fee based on total project value. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.020 Statutes/Other Implemented: ORS 455.020 History: BCD 26-2001, f. 12-28-01, cert. ef. 1-1-02
918-460-0100 Applicability of Agricultural Building Exemption to Wineries The uniform applicability of construction standards to wineries required by ORS 455.068, allows application of an exemption from construction standards for a winery structure. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.068 & 455.315 History: BCD 17-2011, f. 6-30-11, cert. ef. 7-1-11
918-460-0500 Energy Provisions of the Oregon Structural Specialty Code (1) The energy provisions of the Oregon Structural Specialty Code are adopted pursuant to OAR chapter 918, division 8, and shall be known as the Oregon Energy Efficiency Specialty Code. (2) Effective January 1, 2025, the Oregon Energy Efficiency Specialty Code shall consist of ANSI/ASHRAE/IES Standard 90.1-2022 with additional Oregon amendments as published by the Building Codes Division and available on the Division’s website, and shall be known as the 2025 Oregon Energy Efficiency Specialty Code. (3) For the purposes of implementing a phase-in period for the 2025 Oregon Energy Efficiency Specialty Code, also known as Chapter 13 of the 2022 Oregon Structural Specialty Code, the 2025 Oregon Energy Efficiency Specialty Code is adopted for the period beginning January 1, 2025 and ending July 1, 2025. (4) During the phase-in period established in section (3) of this rule, use of the 2021 Oregon Energy Efficiency Specialty Code or the 2025 Oregon Energy Efficiency Specialty Code are permitted to be used as Chapter 13 of the Oregon Structural Specialty Code. (5) Code requirements in effect at the time a plan review or permit application is filed controls the construction under the application unless the applicant agrees to be controlled by subsequent changes. (6) All references and code provisions adopted in this rule, in OAR chapter 918, or in any specialty code adopted thereunder to the Oregon Energy Efficiency Specialty Code mean the energy provisions of the Oregon Structural Specialty Code referenced in Chapter 13 of the Oregon Structural Specialty Code. [Publication: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.020, ORS 455.030, ORS 455.110, ORS 455.505 & ORS 455.511 Statutes/Other Implemented: ORS 455.110 & ORS 455.511 History: BCD 14-2024, amend filed 12/23/2024, effective 01/01/2025 BCD 5-2021, amend filed 03/31/2021, effective 04/01/2021 BCD 11-2019, amend filed 09/26/2019, effective 10/01/2019 Reverted to BCD 7-2014, f. 6-20-14, cert. ef. 7-1-14 BCD 10-2016(Temp), f. & cert. ef. 8-30-16 thru 12-31-16 BCD 3-2016(Temp), f. & cert. ef. 3-3-16 thru 8-29-16 BCD 7-2014, f. 6-20-14, cert. ef. 7-1-14 BCD 21-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 4-2011, f. & cert. ef. 3-11-11 BCD 5-2010, f. 5-14-10, cert. ef. 7-1-10
918-465-0020 Scope The Oregon Reach Code is a statewide optional construction standard approved by the Building Codes Division in consultation with the appropriate advisory board(s). The reach code: (1) Complies with ORS 455.500; (2) Is separate from the state building code; (3) Is administered at the local level; (4) Does not limit the authority of the building official to consider other proposed alternate methods, modifications, or waivers encompassing the same subject matter; and (5) Does not eliminate or modify other options available to builders and local government. Statutory/Other Authority: ORS 455.020, 455.496 & 455.500 Statutes/Other Implemented: ORS 455.020 & 455.500 History: BCD 22-2018, amend filed 09/28/2018, effective 10/01/2018 BCD 15-2018, temporary amend filed 07/30/2018, effective 09/01/2018 through 02/27/2019 BCD 16-2011, f. 6-30-11, cert. ef. 7-1-11
918-465-0040 Oregon Reach Code Adoption Process (1) The purpose of this rule is to describe the process for adopting the Oregon residential and commercial reach codes. (2) (a) The division will start the process of adopting an updated residential reach code after a new version of the Oregon Residential Specialty Code is forwarded to the administrator by the appropriate board to begin the rulemaking process. (b) The division will start the process of adopting an updated commercial reach code after a new version of the Oregon Energy Efficiency Specialty Code is forwarded to the administrator by the appropriate board to begin the rulemaking process. (c) The division will present the residential and commercial reach codes to the appropriate advisory boards for approval. After the proposed reach code is approved by the appropriate board the division will go into rulemaking to adopt the reach code in rule. (d) The process for adopting either reach code may include: a notification that the process has begun, solicitation of public proposals, staff review, and a rulemaking advisory committee. (3) The division will notify interested persons of the anticipated timetable for adopting the reach code when the division begins the process of developing the reach code. (4) The division may provide reach code proposal forms that may include, but are not limited to: proposed language, modeling inputs and assumptions, modeled energy savings, cost impact, incentive program alignment, and standard formatting for reach code proposals. If the division provides a reach code proposal form, and a code amendment proposal deviates from the provided form, then the proposal must include the reason for the deviation, along with an explanation of the modeling inputs and assumptions, modeled energy savings, cost impact, and formatting used in the proposal. Statutory/Other Authority: ORS 183.335, 455.020, 455.500 & 455.496 Statutes/Other Implemented: ORS 183.335, 455.020 & 455.500 History: BCD 9-2023, amend filed 12/28/2023, effective 01/01/2024 BCD 22-2018, amend filed 09/28/2018, effective 10/01/2018 BCD 15-2018, temporary amend filed 07/30/2018, effective 09/01/2018 through 02/27/2019 BCD 29-2011, f. 9-30-11, cert. ef. 10-1-11 BCD 16-2011, f. 6-30-11, cert. ef. 7-1-11
918-465-0050 Adopted Oregon Residential Reach Code (1) Effective July 1, 2024, The 2023 Oregon Residential Reach Code is adopted pursuant to OAR 918-465-0040. (2) The 2023 Oregon Residential Reach Code is available on the division’s website and consists of: (a) USDOE Zero Energy Ready Home (ZERH) Single Family Homes Program Compliance Version 2, Revision 1; (b) Passive House US (PHIUS) 2021 Certification for Single-Family Homes; and (c) Energy Star Single-Family Homes Program Compliance National Version 3.2, Revision 13. (3) The provisions of the 2023 Oregon Residential Reach Code may be used in place of Chapter 11 of the 2023 Oregon Residential Specialty Code. Statutory/Other Authority: ORS 455.020, ORS 455.030, ORS 455.110, ORS 455.496 & ORS 455.500 Statutes/Other Implemented: ORS 455.110 & ORS 455.500 History: BCD 8-2024, adopt filed 06/26/2024, effective 07/01/2024
918-465-0060 Adopted Oregon Commercial Reach Code (1) Effective April 1, 2025, The 2025 Oregon Commercial Reach Code is adopted pursuant to OAR 918-465-0040. (2) The provisions of the 2025 Oregon Commercial Reach Code consist of the provisions published by the division and are available on the division’s website. (3) The provisions of the 2025 Oregon Commercial Reach Code may be used in place of Chapter 13 of the 2025 Oregon Structural Specialty Code, which is the Oregon Energy Efficiency Specialty Code (OEESC). Statutory/Other Authority: ORS 455.020, ORS 455.030, ORS 455.110, ORS 455.496 & ORS 455.500 Statutes/Other Implemented: ORS 455.110 & ORS 455.500 History: BCD 3-2025, adopt filed 03/27/2025, effective 04/01/2025
918-465-0070 Fees for Plan Review and Permits Fees for plan review and permits issued by the Division for construction, alteration and repair of prefabricated structures and of buildings and other structures as established by these rules and authorized by ORS 455.210, shall be determined in accordance with 918-460-0030, 918-440-0050, 918-480-0020 and 918-309-0030 through 918-309-0070 as appropriate. [ED. NOTE: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.210 Statutes/Other Implemented: ORS 455.210 History: BCD 29-2011, f. 9-30-11, cert. ef. 10-1-11 BCD 16-2011, f. 6-30-11, cert. ef. 7-1-11
918-470-0010 General (1) When a county or city government or another agency of the State of Oregon has concurrent jurisdiction with the division to inspect and abate unsafe buildings, and issues an order to vacate or to abate, the division will withhold action, unless the unsafe condition of the structure continues after the order issued by the other agency or jurisdiction has been withdrawn. (2) If a building or structure damaged by earthquake is listed on the National Register of Historic Places, is determined by the State Historic Preservation Officer to be eligible for listing on the Register, or is otherwise included in the categories listed in ORS 455.449, the division or authority having jurisdiction shall, upon request of the State Historic Preservation Officer consult with the State Historic Preservation Office to review alternative methods as required by 455.449. If the State Historic Preservation Officer has not requested review of the order within 45 days of the date required by OAR 918-470-0050 the order may be enforced. Statutory/Other Authority: ORS 455.020 & 455.449 Statutes/Other Implemented: ORS 455.449 History: BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94
918-470-0020 Abatement of Earthquake Damaged Structures All structures or portions of structures which as a result of earthquake are determined by the division or delegated authority to be in unsafe conditions as defined in ORS 455.010 are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with 455.449. Statutory/Other Authority: ORS 455.020 & 455.449 Statutes/Other Implemented: ORS 455.449 History: BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94
918-470-0030 Inspection and Permits Required All work performed on buildings or structures subject to these rules for which a permit is required shall be subject to inspection in accordance with the applicable specialty code. Statutory/Other Authority: ORS 401.539 & 455.020 Statutes/Other Implemented: ORS 401.539 History: BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94
918-470-0040 Identifying Unsafe Buildings and Structures Any building damaged by earthquake suffering from any or all of the following conditions or defects shall be determined to be unsafe as defined in ORS 455.010, if life, health, property or safety of the public or its occupants are endangered: (1) The stress in any materials, member or portion thereof, due to all dead and live loads, is more than one- and one-half times the working stress or stresses allowed in Oregon Structural Specialty Code (OSSC) or One and Two Family Dwelling Specialty Code (Dwelling Code) for new buildings of similar structure, purpose or location. (2) Any portion of the building has been damaged to the extent the building’s structural strength or stability is materially less than it was before the earthquake and is less than the minimum requirements of the OSSC or Dwelling Code for new buildings of similar structure, purpose or location. (3) Any portion, member or appurtenance of the building is likely to fail, or become detached or dislodged, or collapse and injure persons or damage property. (4) Any portion, member, appurtenance of the building or ornamentation on the exterior of the building is damaged to the point that it lacks sufficient strength or stability to resist a wind pressure of one-half of that specified for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the OSSC or Dwelling Code for such buildings. (5) Any portion of the building has racked, warped, buckled or settled so walls or other structural portions have materially less resistance to winds or continued earth movement than is required in the case of similar new construction. (6) The building or structure, or any portion of the building is determined by an inspector employed or authorized by the division to be unsafe for the purpose for which it is being used. (7) The exterior walls or other vertical structural members list, lean or buckle to the extent a plumb line passing through the center of gravity does not fall inside the middle one-third of the base. (8) The building or structure, exclusive of the foundation, shows 33 percent or more damage to its supporting member or members, or 50 percent damage to the non-supporting members, outside walls or coverings. (9) The building or structure has been so damaged to become an attractive nuisance to children. (10) Damage resulting in faulty electrical wiring, gas connections or heating apparatus, or other cause, is a fire hazard. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.020 & 455.449 Statutes/Other Implemented: ORS 455.449 History: BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94
918-470-0060 Recording Notice and Order If the person to whom the order is directed does not comply with the order within the time specified, and no appeal has been filed, the division or authority having jurisdiction shall file with the county recorder a certificate describing the property, certifying that the structure is unsafe and the record owner has been notified. When the corrections ordered are completed or the structure demolished and no longer exists as unsafe, a new certificate shall be filed with the county recorder certifying the building has been demolished or all required corrections have been made and the structure is no longer unsafe. Statutory/Other Authority: ORS 455.020 & 455.449 Statutes/Other Implemented: ORS 455.449 History: BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94
918-470-0070 Notice to Vacate (1) Every notice to vacate shall, in addition to being served as provided in OAR 918-470-0050, be posted at or upon each entrance to the building in substantially the following form: UNSAFE DO NOT ENTER OR OCCUPY WARNING: This structure has been seriously damaged and is unsafe. Entry may result in death or injury. (Enforcement Authority) By____________________ Date: Facility name and address: DO NOT REMOVE THIS NOTICE UNTIL AUTHORIZED BY GOVERNING AUTHORITY (2) Any notice and order to vacate shall include a statement of the emergency and the conditions that necessitate the order. Except as necessary to comply with an order to repair or demolish, no person shall remain in, enter or occupy any building that has been posted to vacate. The notice shall not be removed or defaced until the required repairs, demolition or removal have been completed and if required, a Certificate of Occupancy issued according to the provisions of OSSC or Dwelling Code. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.020 & 455.449 Statutes/Other Implemented: ORS 455.449 History: BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94
918-470-0080 Appeals (1) Appeals from a decision of a person acting under authority of the division shall be heard as a contested case under the provisions of ORS 183.413 through 183.464. (2) Appeals from an order of an authority having jurisdiction shall be heard by the local appeals board and any appeal from a decision of a local appeals board shall proceed under the provisions of ORS 455.690. Statutory/Other Authority: ORS 455.020 & 455.449 Statutes/Other Implemented: ORS 455.449 History: BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94
918-470-0100 Staying of Order Under Appeal Except for vacation orders according to OAR 918-470-0070, enforcement of any order issued under these rules shall be stayed while the appeal is pending. Statutory/Other Authority: ORS 401.539 & 455.020 Statutes/Other Implemented: ORS 401.539 History: BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94
918-470-0110 Extension of Time to Perform Work or Pay Fees (1) Upon determination that an extension of time will not create or perpetuate an imminent danger to life or property, the division or authority having jurisdiction may grant an extension of time to complete any repair, rehabilitation or demolition. Any extension is limited to the physical repair, rehabilitation or demolition of the building or structure and will not extend the time to appeal the notice or order. (2) If emergency funding through Federal or State grants or loans is available to assist in payment of repairs or reconstruction, the division or authority having jurisdiction may proceed with any required plan review and allow an extension of time to pay required permit fees until the funds are available. Payment of all required fees, or arrangement for payment of fees satisfactory to the jurisdiction providing inspections, shall occur prior to actual issuance of permits. Statutory/Other Authority: ORS 455.020 & 455.449 Statutes/Other Implemented: ORS 455.449 History: BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94
918-480-0002 Specialty Code Name Change All references in OAR chapter 918 to the Oregon One- and Two-Family Dwelling Specialty Code mean the Oregon Residential Specialty Code. [Publications: Publications referenced are available for review at the agency.] Statutory/Other Authority: ORS 455.610 Statutes/Other Implemented: ORS 455.610 History: BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11 BCD 20-2004, f. 9-30-04, cert. ef. 10-1-04
918-480-0015 Oregon Housing Needs Analysis Visitability Definition For the purpose of the Oregon House Needs Analysis, unless context requires otherwise, “Visitability” means a dwelling unit in a structure constructed under the Oregon Residential Specialty Code, that meets the provisions for Type C units in ICC A117.1 (2017). Statutory/Other Authority: Oregon Laws 2023, Chapter 13, Section 5 (House Bill 2001) Statutes/Other Implemented: Oregon Laws 2023, Chapter 13, Section 5 (House Bill 2001) History: BCD 16-2024, adopt filed 12/23/2024, effective 01/01/2025
918-480-0020 One- and Two-Family Dwelling Permit Fees (1) Effective July 1, 1999, the Building Codes Division fees for administration of the Oregon Residential Specialty Code are based on 130 percent of the 1979 Uniform Building Code and 1979 Uniform Mechanical Code as published by the International Conference of Building Officials, as authorized in ORS 455.210. (2) Valuation for structural permit fees are published in their entirety in OAR 918-460-0030 Table 1-S. Permit and plan review fees are published in their entirety in 918-460-0050 Table 2-S. (3) Mechanical permit fees are published in their entirety in OAR 918-440-0050 Table 1-M. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.020 & 455.210 Statutes/Other Implemented: ORS 455.210 History: BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018 BCD 9-2014, f. 9-25-14, cert. ef. 10-1-14 BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11 BCD 15-2004, f. 9-10-04, cert. ef. 10-1-04 BCD 33-2002, f. 12-20-02 cert. ef. 4-1-03 BCD 11-1999, f. 9-7-99, cert. ef. 10-1-99 BCD 8-1999(Temp), f. & cert. ef. 7-1-99 thru 12-27-99
918-480-0030 Phased Project and Deferred Submittal Fees When requested to review and approve plans for phased construction or deferred plan submittals under the Oregon Residential Specialty Code, the following fees in addition to the applicable plan review and permit fees apply: (1) Phased Permits. There is an application fee of $50 for each separate phase of the project. In addition, the plan review fee is increased in an amount equal to 10 percent of the building permit fee calculated according to OAR 918-480-0020 using the value of the particular phase of the project, not to exceed an additional $1,500 for each phase. (2) Deferred Submittals. The fee for processing and reviewing deferred plan submittals is an amount equal to 65 percent of the building permit fee calculated according to OAR 918-480-0020 using the value of the particular deferred portion or portions of the project. This fee is in addition to the project plan review fee based on total project value. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.020 Statutes/Other Implemented: ORS 455.020 History: BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11 BCD 26-2001, f. 12-28-01, cert. ef. 1-1-02