justicedao/ipfs_state_laws huggingface dataset:
918-008-0115 Reconsideration of Division Determination In accordance with OAR 137-003-0090, 137-004-0080, and ORS 183.484(2): (1) A petitioner whose request for a site-specific interpretation or a statewide code interpretation was denied may request reconsideration of the agency decision. (2) Any person, including a member of an advisory board as defined under ORS 455.010, adversely affected or aggrieved by an interpretation may request the division reconsider its determination. (3) Interpretations or rulings remain in effect despite a reconsideration request unless a petitioner specifically requests and is granted a stay of enforcement of the interpretation. Statutory/Other Authority: ORS 455.100, 455.110 & 455.144 Statutes/Other Implemented: ORS 455.100 & 455.110 History: BCD 31-2008, f. 12-31-08, cert. ef. 1-1-09 BCD 30-2005, f. 12-30-05, cert. ef. 1-1-06 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
918-008-0120 State Building Code Appeal Process (1) A person aggrieved by the building official’s decision on the application of the state building code adopted under ORS 447.020, 455.020, 455.610, 460.085, 460.360, 479.730 or 480.545 may appeal to either the local jurisdiction’s appeals board or the state specialty code chief. The appeals process selected may not change once initiated. (2) A filing fee of $20 is required for appeals to the state specialty code chief. (3) An appeal must be filed within 30 calendar days of the building official’s decision. (4) An appeal must include the following information and other information requested by the chief: (a) The person filing the appeal, the jurisdiction where the act occurred, and any parties involved, including contact information; (b) The specific code or codes involved, with proper citation; (c) A written description of appeal, which may include diagrams or drawings with distances shown to scale; (d) A copy of any written interpretation or decision, if issued by the jurisdiction; (e) An explanation why the ruling should be reversed; (f) The status and date of stop work order if issued; and (g) Other information as requested by the chief. (h) Notwithstanding subsection (a) through (g) of this rule, the division may elect to accept a substantially complete request for an appeal when it appears that doing so furthers the interests of the state. (5) The building official and person appealing must respond within 7 calendar days to a request from the chief for additional information. The chief has 14 days to render a decision and inform both the jurisdiction and the person appealing a decision of a local jurisdiction. The maximum time for rendering a decision may not exceed 30 calendar days. The Building Codes Division Administrator may suspend these procedural time frames when the complexity of the issue merits additional decision time. (6) A decision by a local jurisdiction’s appeals board or chief may be appealed to the appropriate advisory board within 30 calendar days of the decision. A filing fee of $20 is charged for an appeal of a local jurisdiction’s appeals board decision. Statutory/Other Authority: ORS 455.030, 455.144, 460.085 & 480.545 Statutes/Other Implemented: ORS 455.475 & 479.853 History: BCD 30-2005, f. 12-30-05, cert. ef. 1-1-06 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
918-008-0200 Oregon Energy Efficiency Specialty Code (OEESC) Adoption Process (1) The purpose of this rule is to have a predictable and consistent OEESC adoption process to meet the energy efficiency goals of the state, based on a thoroughly vetted, federally recognized national model energy standard. (2) Notwithstanding OAR 918-008-0000, 918-008-0010, 918-008-0020, 918-008-0030, and 918-008-0060, the division shall, insofar as feasible, and consistent with ORS Chapter 455: (a) Base the OEESC on the most recently published edition of ASHRAE Standard 90.1. (b) Provide notice to the appropriate boards that the division is beginning the adoption process for the OEESC within 180 days of the publication of the most recent edition of ASHRAE Standard 90.1. (c) Draft amendments to ASHRAE Standard 90.1 in developing the OEESC as necessary to: (A) Conform to Oregon statute; (B) Align with the administrative provisions of the Oregon Structural Specialty Code; and (C) Accommodate regionally-appropriate energy efficiency measures and alternative construction methods. (d) Within 90 days of publication of the appropriate final determination in the federal register of ASHRAE Standard 90.1, or no later than one year after initial publication of the most recent edition of ASHRAE Standard 90.1, whichever comes first, the division shall present the amended OEESC to the Construction Industry Energy Board for consideration and adoption as the OEESC energy code. (3) Applicants for building permits shall demonstrate compliance with the OEESC by supplying the building department the following documentation: (a) COMcheck output or other supplemental form as approved by the building official showing compliance with the adopted edition of ASHRAE Standard 90.1; and (b) For new buildings, identification of the projected energy use for the proposed building and identification of the estimated required amount of onsite or offsite renewable energy to achieve a net-zero building. (4) The adoption of the updated OEESC shall be subject to the approval of the Construction Industry Energy Board and the availability of COMcheck software including the most recent edition of ASHRAE Standard 90.1. 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 15-2022, adopt filed 12/29/2022, effective 01/01/2023
918-010-0000 Purpose and Scope of Rule This rule carries out the division’s responsibilities under ORS 453.879 and 453.906. It is intended for use in connection with OAR 333, division 040, rules of the Health Division relating to cleanup of toxic contamination from illegal drug manufacturing. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.864 History: BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98, Renumbered from 918-010-0010 BCA 29-1990, f. 12-21-90, cert. ef. 12-30-90 BCA 15-1990(Temp), f. 6-27-90, cert. ef. 7-1-90
918-010-0005 Reasonable Notice to Interested Parties (1) There is created an interested parties mailing list, maintained by the division, to receive notices of properties placed on the “Unfit for Use” list. (2) Before the adoption, amendment or repeal of this rule, notice will be given to the persons on the interested parties list established according to OAR 918-001-0210. Statutory/Other Authority: ORS 453.855 - 453.992 Statutes/Other Implemented: ORS 453.855 - 453.992 History: BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98 BCA 29-1990, f. 12-21-90, cert. ef. 12-30-90 BCA 15-1990(Temp), f. 6-27-90, cert. ef. 7-1-90
918-010-0015 Registry of Property “Unfit for Use” (1) As required by ORS 453.879, there is created within the Building Codes Division, a registry of property “Unfit for Use.” (2) The registry shall list property determined as “unfit for use” under ORS 453.876 and under the rules of the Health Division. (3) Property declared “unfit for use” shall be listed in the registry only when the Health Division advises the division that action has been taken to declare the property as not fit for use. The listing will show the information provided by the Health Division. (4) Property listed in the registry will be removed from the registry when: (a) The division receives a certificate of fitness from the Health Division; (b) The division is formally advised by a certified copy of a final court judgment that the initial “unfit for use determination” was reversed on appeal under ORS 453.876, or if the reversal was by administrative action, a certified copy of the final division order; or (c) The division is provided with confirmed evidence, including proof or an affirmation that all lawful requirements were followed, that the contaminated property has been destroyed. Statutory/Other Authority: ORS 453.879 Statutes/Other Implemented: ORS 453.879 History: BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98 BCA 29-1990, f. 12-21-90, cert. ef. 12-30-90
918-010-0020 Notice of Listing in the Registry (1) The registry is a public record open to inspection by the public during normal business hours. (2) Copies of documents adding to or removing property from the list will be provided to any person upon request. Persons requesting copies must designate whether the request covers all transactions within the state, only transactions within a particular jurisdiction or a particular transaction. (3) Notification of addition to or removal from the list will be provided to the building official with jurisdiction or the local city or county government involved, if there is no building official and the local health department. Statutory/Other Authority: ORS 453.855 - 453.992 Statutes/Other Implemented: ORS 453.855 - 453.992 History: BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98 BCA 29-1990, f. 12-21-90, cert. ef. 12-30-90
918-010-0025 Condemnation, Demolition and Vacation of Property and Removal of Contents (1) Once property is designated as “unfit for use,” procedures for requiring removal of contents or vacation of the premises may be started. (2) The standards in the 1988 Edition of the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials are adopted under ORS 453.906 as the uniform standards whereby local building code enforcement agencies may act to condemn, demolish, and require the vacation of the property or removal of contents. The “Dangerous Building Section,” Section 302 of the Uniform Code, may only be used when the conditions or defect results from, or is made more dangerous to, the life, health, property or safety of the public or its occupants because of the use of the property or its status as an illegal drug manufacturing site. (3) Nothing in this rule prohibits any local jurisdiction from adopting the procedures provided in The Uniform Code for the Abatement of Dangerous Buildings. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 453.906 Statutes/Other Implemented: ORS 453.906 History: BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98 BCA 29-1990, f. 12-21-90, cert. ef. 12-30-90
918-020-0010 Relationship of Delegation Rules to Statute These rules establish standards for: (1) A procedure for cooperation between local municipalities and the Oregon State Fire Marshal; and (2) The notice of assumption of any portion of the plan review program, required by ORS 455.148 and 455.150, and shall include a procedure for cooperation with the State Fire Marshal or the State Fire Marshal’s designee, to consider a uniform fire code in the plan review process. Statutory/Other Authority: ORS 455.150 Statutes/Other Implemented: ORS 455.150 History: BCD 16-2002, f. & cert. ef. 7-1-02 BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 4-1994, f. 2-25-94 cert. ef. 3-1-94
918-020-0015 Definitions As used in OAR chapter 918, division 020, unless the context requires otherwise: (1) “Building official” has the meaning given to that term in ORS 455.715. (2) "Contract building official” means an owner, manager or employee of a person that the director has licensed to perform specialty code inspections and plan reviews under ORS 455.457 and that engages in the business of providing the services described in ORS 455.148 (3) and 455.150 (3) to one or more municipalities to which the director has delegated a building inspection program. (3) “Director” means the Director of the Department of Consumer and Business Services, or the director’s designee. (4) “Discretionary decision” means a decision on whether to waive a plan review, an inspection or a provision of the state building code; or to allow an alternative material, design or method of construction. (5) “Division” means the Building Codes Division of the Department of Consumer and Business Services. (6) "Full-service program" means a building inspection program that assumes administration and enforcement of all of the specialty code programs listed in ORS 455.148(1). (7) “Qualified employee” means an individual that a municipality employs and has designated to ratify or disapprove a contract building official’s discretionary decisions and who has satisfied the training requirements under OAR 918-020-0240. Statutory/Other Authority: ORS 455.148, ORS 455.150, ORS 455.610 & 2021 Oregon Laws Ch. 599, Sec. 2, (Enrolled SB 866) Statutes/Other Implemented: ORS 455.148, ORS 455.150, ORS 455.610 & 2021 Oregon Laws Ch. 599, Sec. 2, (Enrolled SB 866) History: BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022 BCD 2-2020, minor correction filed 01/14/2020, effective 01/14/2020 BCD 1-2020, amend filed 01/14/2020, effective 01/14/2020 BCD 16-2002, f. & cert. ef. 7-1-02
918-020-0020 Cooperation with Other Agencies (1) Each municipality assuming any portion of the plan review program shall, with the notice of program assumption, include a procedure for communication and cooperation with the State Fire Marshal or the Fire Marshal’s certified designee. The procedure shall provide the Fire Marshal an opportunity to examine construction plans for those buildings that the Fire Marshal inspects for occupancy standards under ORS 476.030. If a procedure is not adopted and signed by both the building official and the State Fire Marshal or the Fire Marshal’s certified designee, the request for program assumption shall include the following minimum provisions for notice to the Fire Marshal: (a) The time and place where construction plans and specifications will be available; (b) The proposed type of building construction and occupancy; (c) Any changes from the fire and life safety standards of the applicable code proposed as alternate methods of construction; and (d) Any procedure or agreement which may shorten or eliminate the time the construction plans and specifications may be available for examination. (2) The procedure shall establish a reasonable time limit for comment by the Fire Marshal. Statutory/Other Authority: ORS 455.150 Statutes/Other Implemented: ORS 455.150 History: BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 4-1994, f. 2-25-94, cert. ef. 3-1-94
918-020-0080 Delegation of Building Inspection Programs The division and every municipality that administers and enforces a building inspection program or desires to assume responsibility to administer and enforce a building inspection program shall prepare an operating plan describing the manner in which the municipality or the division will do so. The operating plan shall establish specific processes and goals, consistent with the program standards described in ORS 455.153 and OAR 918-020-0090. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.150 History: BCD 16-2002, f. & cert. ef. 7-1-02 BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96
918-020-0091 Citation Process for Licensing Violations Municipalities must use the forms and procedures approved by the division. Statutory/Other Authority: ORS 455.030 & 455.156 Statutes/Other Implemented: ORS 455.156 History: BCD 6-2004, f. 5-21-04, cert. ef. 7-1-04
918-020-0094 Program Assumption for State-Administered Jurisdictions A municipality that requests responsibility for the administration and enforcement of a building inspection program administered by the division must meet the requirements for assumption in ORS 455.148(7) and (11)(c). Statutory/Other Authority: ORS 455.148 Statutes/Other Implemented: ORS 455.148 History: BCD 12-2007, f. 12-28-07 cert. ef. 1-1-08 BCD 11-2007(Temp), f. & cert. ef. 11-15-07 thru 4-1-08
918-020-0105 Renewal of Existing Programs (1) Existing programs may continue to administer full-service or partial programs as permitted by ORS Chapter 455. Any municipality requesting to assume an additional program shall do so in accordance with ORS Chapter 455 and these rules. (2) Depending on the respective reporting period outlined in OAR 918-020-0180 municipalities administering existing programs upon notification shall submit the following to the division by January 1, unless the year is 2022, in which case the submission to the division is required by January 31: (a) A completed program administration form, which is available on the division’s website, describing the specialty codes the municipality will continue to administer and enforce beginning July 1 of the next reporting period; (b) A list of current staff, including contract providers, and their applicable certifications; (c) An updated copy of the municipality’s operating plan as described in OAR 918-020-0090; and (d) A narrative describing any changes to the plan. (3) Requests to extend the January 1 date as authorized in ORS 455.148(4) and 455.150(4) shall be filed with the division no later than December 21. (4) Notwithstanding OAR 918-020-0180: (a) By January 1, 2022, a city that intends to continue to procure services from a contract building official shall notify the division of this intent and must comply with 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) . (b) All municipalities that administer an existing program shall apply for renewal of their building program by January 31, 2022, for renewal effective July 1, 2022. (c) Renewal applications must include the information outlined in section (2) of this rule. Statutory/Other Authority: ORS 455.148 & ORS 455.150 Statutes/Other Implemented: ORS 455.148 & ORS 455.150 History: BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022 BCD 21-2020, temporary amend filed 10/06/2020, effective 10/09/2020 through 04/06/2021 BCD 7-2020, temporary amend filed 04/10/2020, effective 04/12/2020 through 10/08/2020 BCD 12-2019, temporary amend filed 10/15/2019, effective 10/15/2019 through 04/11/2020 BCD 3-2019, temporary amend filed 04/15/2019, effective 04/18/2019 through 10/14/2019 BCD 27-2018, temporary amend filed 10/18/2018, effective 10/20/2018 through 04/17/2019 BCD 10-2018, temporary amend filed 05/18/2018, effective 05/18/2018 through 10/19/2018 BCD 16-2002, f. & cert. ef. 7-1-02
918-020-0180 Reporting Periods (1) All municipalities administering and enforcing a building inspection program on or after July 1, 2022, shall have four-year reporting periods. The division shall divide the municipalities administering and enforcing building inspection programs into four separate reporting groups identified as Group One, Group Two, Group Three and Group Four. Reporting periods for each group shall begin on July 1 of the first year and shall end on June 30 of the fourth year, except as provided by Sections (2) to (5) of this rule. (2) The first reporting period for municipalities in Group One shall start on July 1, 2022, and end on June 30, 2023. All subsequent reporting periods shall be four years. (3) The first reporting period for municipalities in Group Two shall start on July 1, 2022, and end on June 30, 2024. All subsequent reporting periods shall be for four years. (4) The first reporting period for municipalities in Group Three shall start on July 1, 2022, and end on June 30, 2025. All subsequent reporting periods shall be for four years. (5) The first reporting period for municipalities in Group Four shall start on July 1, 2022, and end on June 30, 2026. All subsequent reporting periods shall be for four years. (6) The first reporting period for municipalities authorized to administer and enforce new building inspection programs shall start July 1 of the first year the municipality is authorized to administer and enforce a new building inspection program and shall end on June 30 of the fourth year. All subsequent reporting periods shall be for four years. (7) A municipality that amends an existing building inspection program through the assumption of a new code program shall not alter its reporting period. (8) All municipalities enforcing building inspection programs shall amend their operating plan within 30 days when changes occur and submit a copy of the amended operating plan to the division. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.150 History: BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022 BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96
918-020-0190 Program Review (1) General Review. The division may conduct a general review of a municipal building inspection program during a municipality’s reporting period to verify that the municipality is operating in conformity with the specific goals contained in the municipality’s operating plan. The division may also review building inspection programs to verify compliance with any correction plans submitted by a municipality where a municipality is not operating in conformity with the specific standards contained in its operating plan. The division shall notify a municipality at least 21 days prior to beginning a general review. (2) Interim Review. The division may perform an interim review of a municipal building inspection program any time the division receives a complaint or other information that reasonably suggests a municipality is not operating in conformity with its operating plan or has failed to comply with the minimum standards for the administration and enforcement of building inspection programs described in these rules. Prior to beginning an interim review the division shall notify the building official in writing by certified or registered mail of the standards to which the municipality is alleged to have failed to comply. The building official shall have 30 days to respond to the notice. If the building official fails to respond or does not adequately address the issues raised by the division in the notice, the division may conduct an interim review. (3) Building inspection programs administered and enforced by the division shall be subject to a general review in the same manner prescribed for municipal building inspection programs. The administrator shall prepare and deliver a final report to the director and interested persons for review. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.150 History: BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96