justicedao/ipfs_state_laws huggingface dataset:
918-400-0720 Alternate Approvals (1) The requirements and procedures for establishing a formal statewide alternate method approval are in ORS 455.060. (2) When any part of the Oregon Elevator Specialty Code adopted by the division for elevators does not have an alternate method approval provision, the division may approve any material, design or method of construction not specifically prescribed in the Oregon Elevator Specialty Code, provided the alternate material, design or method of construction is at least equivalent to that prescribed in the code in suitability, quality, strength, effectiveness, fire resistance, durability, dimensional stability, safety and sanitation. (3) An alternate method approval under section (2) of this rule or under any code provision shall be: (a) Granted only for a site-specific transaction; and (b) Based on documentation placed in the permit file showing the items considered in the approval. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.060 & 460.085 Statutes/Other Implemented: ORS 455.060 History: BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0540 BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0030 DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0010
918-400-0730 Reclassification of Elevators Elevators shall be reclassified only if the elevator meets, exceeds or is altered to at least the current requirements for the new classification and is so used. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0550 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0740 Taking Elevators Out of Service Except as provided in OAR 918-400-0275, a person wishing to take an elevator out of service must: (1) Within 30 days of taking an elevator out of service, notify the division in writing of the date the elevator was taken out of service; and (2) Within 12 months from the date the elevator is taken out of service, disable it as an "installation placed out of service," described in the Oregon Elevator Specialty Code. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10 BCD 2-2005, f. 3-16-05, cert. ef. 4-1-05 BCD 3-2003, f. 2-28-03, cert. ef. 3-1-03 BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0560 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0750 Placing a Previously Disabled Elevator Back into Service When an installation previously placed out of service is intended to be returned to operating service: (1) A written request shall be made to the division for an operating license. (2) With permission from the division an elevator contractor may operate the elevator and make necessary repairs and adjustments to make the elevator operational. (3) All testing required to place the type of elevator involved back in service shall be witnessed by a division elevator inspector. (4) The elevator shall not be placed back into service before an inspection by the division and issuance of an operating permit under OAR 918-400-0465. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0570 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0755 Temporarily Removing Unused Elevators from Service in an Unoccupied Building (1) Despite OAR 918-400-0740 and except as provided in OAR 918-400-0275, a person wishing to temporarily remove an unused elevator installed in an entirely unoccupied building from service must: (a) At least 30 days prior to removing the elevator from service, notify the division in writing of the date the elevator will be removed from service; (b) Within 30 days of removing an elevator from service, provide the division with written confirmation that: (A) The building in which the elevator is installed is entirely unoccupied; (B) The elevator removed from service will not be used for any purpose; and (C) At least one elevator in full compliance with this chapter and the Oregon Elevator Specialty Code, and that serves all floors of the unoccupied building remains in service for any elevator transportation in the unoccupied building. (2) After receiving notice under section (1)(b) that the elevator has been removed from service, the division will lock-out and red tag the elevator. (3) Every 12 months from the date the elevator is removed from service, the responsible party must notify the division in writing that the requirements of section (1)(b) continue to be met. (4) Despite OAR 918-400-0750, when an elevator temporarily removed from service is to be returned to operating service: (a) At least 30 days prior to returning the elevator to service, the responsible party must notify the division in writing of the date the elevator will be returned to service; (b) At least 30 days prior to returning the elevator to service, the responsible party must obtain an elevator operating permit from the division; (c) With permission from the division, an elevator contractor may operate the elevator and make necessary repairs and adjustments to make the elevator operational. (d) All testing required to place the elevator back in service shall be witnessed by a division inspector prior to the elevator being returned to service; and (e) The elevator must not be placed back into service before an inspection by the division according to the code under which the unit was installed is performed and an operating permit under OAR 918-400-0660 is issued. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 18-2010, f. 12-30-10, cert. ef. 1-1-11
918-400-0760 Exceptions from Code Requirements Under ORS 460.085 Authorization to grant exceptions from Oregon Elevator Specialty Code requirements based on hardship or practical difficulty is in ORS 460.085. (1) A written request for exception shall: (a) Identify the code requirement from which an exception is requested; (b) Identify the specific installation for which the exception is sought and the intended effect if granted; (c) State any additional reasons for the request; and (d) Show how elevator safety is still preserved with the change requested. (2) Exceptions under ORS 460.085 shall be granted only for a specific installation after receiving technical and safety advice from the board. Denials shall not be taken to the board unless appealed under 460.155. (3) Financial hardship alone shall not support an exception. (4) Interpretation. An exception under ORS 460.085 is different from an alternate method approval. An exception is a one-time waiver of a code requirement that includes, but is not limited to, design, standard or safety requirement. An alternate method complies with the performance standards of the code but not necessarily with its prescriptive requirement. (5) Exceptions are issued on condition that the facts and circumstances that provided reasonable safety remain unchanged. Changed facts and circumstances may cause withdrawal of the exception as provided in OAR 918-400-0770. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0300 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0770 Withdrawal of Exceptions (1) Exceptions granted under ORS 460.085(3) can be withdrawn if reasonable safety can no longer be maintained: (a) Because of changes of facts, use or code requirements; or (b) If the elevator is placed out of service for longer than one year. (2) The elevator owner or operator shall be notified of an intent to withdraw an exception and of a right to a contested case hearing upon request. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0310 BCD 18-1995, f. & cert. ef. 12-15-95
918-440-0000 Reasonable Notice to Interested Parties: Mechanical Specialty Code Prior to the adoption, amendment, or repeal of any rule relating to the Oregon Mechanical Specialty Code, the Building Codes Division shall give notice of the proposed action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date; and (2) By mailing a copy of the notice to persons on the mailing list established pursuant to ORS 183.335 and OAR 918-001-0210. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183.335 Statutes/Other Implemented: ORS 183.335 History: BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 5-2011, f. & cert. ef. 3-11-11 BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10 BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 DC 63-1975, f. & cert. ef. 12-5-75, Renumbered from 814-027-0000
918-440-0010 Adopted Oregon Mechanical Specialty Code (1) The Oregon Mechanical Specialty Code is adopted pursuant to OAR chapter 918, division 8. (2) Effective October 1, 2025, the 2025 Oregon Mechanical Specialty Code is the 2024 Editions of the International Mechanical Code and International Fuel Gas Code as published by the International Code Council and amended by the Building Codes Division. (3) For the purposes of implementing a phase-in period for the 2025 Oregon Mechanical Specialty Code, the 2022 Oregon Mechanical Specialty Code is adopted for the period beginning October 1, 2025, and ending March 31, 2026. (4) During the phase-in period established in subsection (3), the use of the 2022 Oregon Mechanical Specialty Code or the 2025 Oregon Mechanical Specialty Code is permitted. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.020, ORS 455.030 & ORS 455.110 Statutes/Other Implemented: ORS 455.110 History: BCD 10-2025, amend filed 09/26/2025, effective 10/01/2025 BCD 16-2022, amend filed 12/29/2022, effective 01/01/2023 BCD 11-2022, amend filed 09/29/2022, effective 10/01/2022 BCD 10-2019, amend filed 09/26/2019, effective 10/01/2019 BCD 6-2014, f. 6-20-14, cert. ef. 7-1-14 BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 5-2011, f. & cert. ef. 3-11-11 BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10 BCD 1-2007, f. 2-15-07, cert. ef. 4-1-07 BCD 10-2004, f. 8-6-04 cert. ef. 10-1-04 BCD 18-2002, f. 7-26-02, cert. ef. 10-1-02 BCD 5-1999, f. 6-17-99, cert. ef. 10-1-99 BCD 2-1996, f. 2-2-96, cert. ef. 4-1-96 BCD 2-1995, f. & cert. ef. 2-9-95 BCA 27-1992, f. 12-29-92, cert. ef. 1-1-93 BCA 6-1992, f. 3-24-92, cert. ef. 3-27-92 BCA 32-1991(Temp), f. & cert. ef. 9-30-91 BCA 34-1989, f. 12-21-89, ef. 1-1-90 BCA 7-1987, f. & ef. 9-3-87, Renumbered from 814-027-0005 BCA 5-1987(Temp), f. & cert. ef. 3-26-87 BCA 3-1987, f. & cert. ef. 8-4-87 DC 10-1986, f. 6-30-86, cert. ef. 7-1-86 DC 26-1984, f. 8-31-84, cert. ef. 9-15-84 DC 14-1983, f. 6-23-83, cert. ef. 8-1-83 DC 13-1981, f. 10-30-81, cert. ef. 11-1-81 DC 11-1981, f. & ef. 7-20-81 DC 6-1980, f. 6-5-80, ef. 7-1-80 DC 14-1979, f. 12-27-79, ef. 1-1-80 DC 8-1979, f. 4-30-79, cert. ef. 5-1-79, 8-1-79, 1-1-80 DC 22-1978, f. 9-1-78, cert. ef. 10-1-78 DC 85-1976, f. 8-19-76, cert. ef. 10-1-76 DC 75-1976, f. 5-21-76, cert. ef. 8-1-76 DC 68-1976, f. 3-3-76, cert. ef. 4-1-76 DC 62-1975, f. 11-20-75, cert. ef. 1-1-76 DC 52-1975(Temp), f. & cert. ef. 7-3-75 thru 10-31-73 DC 35-1974, f. 6-5-74, cert. ef. 6-25-74
918-440-0012 Amendments to the Oregon Mechanical Code The Oregon Mechanical Specialty Code is amended pursuant to OAR chapter 918, division 8. Amendments adopted for inclusion into the Oregon Mechanical Specialty Code are placed in this rule, showing the section reference, a descriptive caption, and a short description of the amendment. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.110 History: BCD 10-2019, amend filed 09/26/2019, effective 10/01/2019 BCD 9-2016, f. 6-30-16, cert. ef. 7-1-16 BCD 6-2014, f. 6-20-14, cert. ef. 7-1-14 BCD 37-2011, f. 12-30-11, cert. ef. 1-1-12 BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11, Renumbered from 918-440-0040 BCD 5-2011, f. & cert. ef. 3-11-11, Renumbered from 918-440-0040 BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10, Renumbered from 918-440-0040 BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06 BCD 10-2004, f. 8-6-04 cert. ef. 10-1-04 BCD 19-2003, f. 12-15-03, cert. ef. 1-1-04 BCD 8-2001, f. 7-17-01, cert. ef. 10-1-01 BCD 5-2000, f. 3-9-00, cert. ef. 4-1-00 BCD 15-1999, f. & cert. ef 10-6-99 thru 4-2-00 BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 5-1997, f. 3-21-97, cert. ef. 4-1-97 BCD 2-1996, f. 2-2-96, cert. ef. 4-1-96 BCD 32-1994, f. & cert. ef. 12-30-94
918-440-0015 Refrigeration Installer Certification All persons engaged in brazing or welding related to the installation, alteration or repair of refrigeration piping systems not regulated by the Oregon Boiler and Pressure Vessel Program under OAR chapter 918, division 225, shall be certified in accordance with the requirements of this rule. (1) The minimum requirement for persons engaged in brazing or welding of refrigeration piping systems is a current and valid certification issued upon completion of a class by a division-approved certifying organization in brazing or welding in accordance with either: (a) Section IX, Welding and Brazing Qualifications of the American Society of Mechanical Engineers publication, 2001 ASME Boiler and Pressure Vessel Code; or (b) American Welding Society publication AWS B2.2-91, Standard for Brazing Procedure and Performance Qualification. (2) Refrigeration systems installed in dwelling units regulated under the Oregon Residential Specialty Code are exempt from this rule. (3) All refrigeration piping system requirements not regulated by OAR 918-225-0310, are subject to the Oregon Mechanical Specialty Code. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.020 & 455.720 Statutes/Other Implemented: ORS 455.020 & 455.720 History: BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 5-2011, f. & cert. ef. 3-11-11 BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10 BCD 19-2003, f. 12-15-03, cert. ef. 1-1-04 BCD 34-2000, f. 12-27-00, cert. ef. 7-1-01
918-440-0020 Voluntary Energy Conservation Standards for Public Buildings Constructed Prior to January 1, 1978 Voluntary energy conservation standards for public buildings constructed prior to January 1, 1978, have been adopted by the Building Codes Division pursuant to ORS 469.740. Statutory/Other Authority: ORS 469.740 Statutes/Other Implemented: ORS 469.740 History: BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 DC 17-1978, f. 4-28-78, cert. ef. 7-1-78, Renumbered from 814-027-0100
918-440-0030 Energy Efficiency Rating (E.E.R.) System Single Family Residences (1) Scope: These rules provide a voluntary energy efficiency rating system for single family residences to encourage voluntary energy conservation and the voluntary use in real estate transactions. (2) Definitions: (a) "E.E.R." means Energy Efficiency Rating; (b) "Single Family Residence" means a structure designed as a residence for one family and sharing no common wall with another residence of any type. (3) Energy Efficiency Rating: The Energy Efficiency Rating (E.E.R.) is to be determined by the following steps: (a) Determine the total energy used in the residence over the last 12 months' period in thousands of BTUs: (A) Determine electrical energy (KWH) used (source: Electrical bills or utility company). Multiply the total KWH by 3413 BTUs equals the total electric BTUs used. (Electric KWH) x 3413 = BTUs; (B) Determine natural gas therms used (source: Gas bills or the gas company). Multiply the therms used by 100,000 then by 0.75 (Efficiency Factor). This equals the total gas BTUs used. (Gas therm) x 100,000 x 0.75 = BTUs; (C) Determine heating oil BTU'S by multiplying total gallons by 140,000 then by 0.75 (Efficiency Factor). This equals the total oil BTUs used. (Oil Gallons) x 140,000 x 0.75 = BTUs; (D) Total the types of energy BTUs used in the residence to determine total BTUs used in the 12 months. (Electrical BTUs + Gas BTUs = Oil BTUs = TOTAL BTUs.); (E) Divide total BTU'S by one thousand equals total thousand's BTUs used TOTAL BTUs 1,000 = TOTAL THOUSAND BTUs USED (b) Determine the square footage of living (heated) space of the residence. (Source: House plans, measurement, or county assessor.); (c) Divide total thousand BTUs used by the square footage of living space. The results are the E.E.R. of the residence that year: TOTAL THOUSAND BTUs USED TOTAL SQUARE FEET LIVING SPACE = E.E.R. Statutory/Other Authority: ORS 469.700 Statutes/Other Implemented: ORS 469.700 History: BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 5-2011, f. & cert. ef. 3-11-11 BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10 DC 16-1978, f. 4-28-78, cert. ef. 7-1-78, Renumbered from 814-027-0105
918-440-0050 Mechanical Permit Fees (1) Effective July 1, 1999, the Building Codes Division fees for administration of the Oregon Mechanical Specialty Code are based on 130 percent of Table 3-A of the 1979 edition of the Uniform Mechanical Code as published by the International Conference of Building Officials, as authorized in ORS 455.210. Mechanical permit fees are published in their entirety in Table 1-M. (2) Plan review fees shall be equal to 25 percent of the total permit fees as established in Table 1-M. [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: 455.210 & ORS 455.020 Statutes/Other Implemented: ORS 455.210 History: BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018 BCD 6-2014, f. 6-20-14, cert. ef. 7-1-14 BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 5-2011, f. & cert. ef. 3-11-11 BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10 BCD 19-2003, f. 12-15-03, cert. ef. 1-1-04 BCD 5-2000, f. 3-9-00, cert. ef. 4-1-00 BCD 15-1999, f. & cert. ef 10-6-99 thru 4-2-00 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
918-440-0500 Mercury Thermostats — Purpose and Scope (1) Scope. (a) This rule establishes a uniform notification process for the lawful disposal of mercury thermostats by persons installing heating, ventilation or air conditioning systems. (b) For the purposes of this rule, a "thermostat" is a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. (2) The authority having jurisdiction shall notify heating, ventilation or air conditioning system installers at time of permit issuance of proper disposal for mercury thermostats. (3) The written notification shall include the following language: "In accordance with ORS 455.355, the disposal of thermostats that contain mercury shall be in accordance with programs established by thermostat manufacturers, their representative or distributor, or by delivery to sites that will ensure that the mercury does not become part of the solid waste stream or wastewater.” Statutory/Other Authority: ORS 455.355 Statutes/Other Implemented: ORS 455.355 History: BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 5-2011, f. & cert. ef. 3-11-11 BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10 BCD 24-2002, f. 9-13-02 cert. ef. 1-1-03
918-440-0510 Prohibits Installation of Mercury Thermostats Effective January 1, 2006 installing a thermostat containing mercury in commercial or residential buildings is not allowed. The installation of thermostats containing mercury on industrial equipment used for safety controls is allowed. For the purpose of this rule, a thermostat is defined in OAR 918-440-0500(1)(b). Statutory/Other Authority: ORS 455.355 Statutes/Other Implemented: ORS 455.355 History: BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 5-2011, f. & cert. ef. 3-11-11 BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10 BCD 21-2005, f. 9-29-05, cert. ef. 1-1-06
918-460-0000 Reasonable Notice to Interested Parties Prior to the adoption, amendment, or repeal of any rule relating to the Oregon Structural Specialty Code or the Oregon Energy Efficiency Specialty Code, the Building Codes Division must give notice of the proposed action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date; (2) By notifying persons and organizations on the interested parties mailing list established under ORS 183.335(8) and OAR 918-001-0210. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183.335 Statutes/Other Implemented: ORS 183.335 History: 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 BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 DC 9-1983, f. & cert. ef. 3-15-83, Renumbered from 814-026-0000, 814-026-0001 DC 63-1975, f. & cert. ef. 12-5-75
918-460-0020 Master Plan Review Fee Plans submitted to the division for approval in one or more municipalities as a "master plan" shall be reviewed at a minimum hourly rate of $70 per hour for each applicable specialty code with a minimum charge of one hour for structures less than 1,000 square feet. Structures 1,000 square feet and larger shall be reviewed using structural and fire and life safety plan review fees determined in accordance with OAR 918, divisions 460 and 480, and the appropriate specialty codes. Fees for mechanical, plumbing and electrical plan reviews shall be determined in accordance with the appropriate specialty code and applicable administrative rules. This rule does not apply to plan reviews for prefabricated structures. Statutory/Other Authority: ORS 455.685 Statutes/Other Implemented: ORS 455.685 History: BCD 26-2001, f. 12-28-01, cert. ef. 1-1-02 DC 13-1981, f. 10-30-81, cert. ef. 11-1-81, Renumbered from 814-026-0010
918-460-0030 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 by using the value for estimated construction cost as 83 percent of the value shown on the construction valuation table established April 1, 2001, and published by the International Conference of Building Officials (ICBO), amended to include pole buildings not shown on the ICBO table, and to use the alternative (good) value for dwellings and apartment houses. A copy of the amended table, adjusted for Oregon, is printed in its entirety in Table 1-S. The valuation for plan review of buildings whose occupancies and types of buildings not listed in the valuation table shall be established at the actual project cost, including profit and overhead. [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 455.210 Statutes/Other Implemented: ORS 455.210 History: BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018 BCD 26-2001, f. 12-28-01, cert. ef. 1-1-02 BCD 19-1994, f. 8-30-94, cert. ef. 9-1-94 BCA 25-1993, f. 10-22-93, cert. ef. 11-1-93 BCA 14-1993(Temp), f. 6-30-93, cert. ef. 7-1-93 BCA 19-1992, f. & cert. ef. 9-15-92 BCA 27-1991, f. 8-29-91, cert. ef. 8-30-91 BCA 14-1991(Temp), f. 6-7-91, cert. ef. 7-1-91 BCA 12-1991(Temp), f. 5-15-91, cert. ef. 7-1-91
918-460-0040 Fire and Life Safety Plan Review Fee When a fire and life safety plan review is conducted under ORS 479.155, the fee shall be 40 percent of the structural permit fee. This fee is in addition to the 65 percent structural plan review fee. Statutory/Other Authority: ORS 455.210 Statutes/Other Implemented: ORS 455.210 History: BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 11-1994, f. & cert. ef. 4-25-94