justicedao/ipfs_state_laws huggingface dataset:
813-300-0130 Voluntary Revocation of Fiduciary Organization Role (1) Any fiduciary organization may request the consent of the Department and its designee to revocation of the fiduciary organization’s program plan and its authorization as a fiduciary organization by giving written notice of such request at least 30 days prior to the requested date of revocation. (2) In determining whether or not to provide its consent to revocation of authorization of a fiduciary organization, the Department and its designee may consider factors including, but not limited to the following: (a) The financial and organizational capacity of the fiduciary organization to continue; (b) The impact of the revocation upon account holders and designated beneficiaries; (c) The past performance of the fiduciary organization; (d) The current eligibility of the fiduciary organization; (e) The ability and willingness of the fiduciary organization to transfer account holder IDAs and related personal development plans, and the management and funding of same, to other fiduciary organizations; (f) The ability and willingness of the fiduciary organization to transfer tax credit contributions, supplemental funds, and other moneys to other fiduciary organizations in support of the transfer of account holder IDAs and related personal development plans; (g) Whether or not the fiduciary organization has delivered to the Department or its designee any unused tax credit contributions, supplemental funds and any other moneys. (3) The Department and its designee may create a plan for winding down the IDA program operations of fiduciary organization no longer willing and able to perform responsibilities of an fiduciary organization, including terms and conditions for transferring account holders to other fiduciary organizations. Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700 Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700 History: OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024 OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018 OHCS 1-2003, f. & cert. ef. 4-4-03 OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03
813-300-0140 Financial Institutions Financial Institutions shall secure and maintain IDA deposits in accordance with law and the terms of the applicable IDA. Statutory/Other Authority: ORS 456.555, 456.625 & 458.700 Statutes/Other Implemented: ORS 315.271 & 458.670 - 458.700 History: OHCS 1-2003, f. & cert. ef. 4-4-03 OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03
813-300-0150 Tax Credit Contributor (1) Contributions to the Oregon IDA Initiative approved by the Department or its designee may qualify for an Oregon IDA tax credit. (2) The percentage of tax credit to be awarded to taxpayers is determined by the Department following consideration of a recommendation by the Department’s designee and input from the fiduciary organization if appliable. In making such a determination, the Department or its designee may consider any factors that it deems appropriate, including but not limited to: (a) The availability of the Oregon IDA Tax Credit; and (b) The nature and value of the contribution. (3) The percentage of allowable credit will be determined in advance of accepting contributions. (4) The maximum percentage of tax credit allowable to a single taxpayer within a particular year is 90%. (5) The maximum tax credit allowable to a single taxpayer within a particular year is $500,000. (6) Contributions from contributors not utilizing an Oregon IDA tax credit may be eligible for a charitable deduction against taxable income. (7) The Department and its designee make no representation on whether or not specific contributions qualify for an Oregon IDA tax credit. In all cases, contributors are encouraged to seek professional advice to determine the actual tax ramifications of their contribution. Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700 Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700 History: OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024 OHCS 1-2020, amend filed 01/24/2020, effective 01/24/2020 OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018 OHCS 11-2016, f. & cert. ef. 10-13-16 OHCS 3-2016(Temp), f. & cert. ef. 4-20-16 thru 10-14-16 OHCS 2-2016, f. & cert. ef. 3-25-16 OHCS 18-2015(Temp), f. & cert. ef. 10-5-15 thru 4-1-16 OHCS 1-2003, f. & cert. ef. 4-4-03 OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03
813-300-0170 Administrative Review (1) Account holders and designated beneficiaries aggrieved by any decision of a fiduciary organization to suspend or revoke the account holder's IDA, any decision by the fiduciary organization to suspend or revoke a personal development plan, any decision by the fiduciary organization to withdraw matching IDA deposits may request administrative review by the Department or its designee. (2) The request for administrative review must be in writing, stating the nature of the decision, the reasons why the aggrieved party disagrees with the decision, and the nature of the requested relief. (3) The request for administrative review must be delivered to the Department or its designee within thirty (30) days from the date that the aggrieved party receives written notice of the decision by the fiduciary organization. The aggrieved party simultaneously shall provide a copy of the request for administrative review to the fiduciary organization. (4) Upon receipt of an appropriate request for administrative review, the Department or its designee will make such investigation of the matter as it determines to be appropriate. In making any such investigation, the Department or its designee may require and receive from the parties or other participants in the program plan any additional information or require such other proceedings as it deems appropriate. (5) The Department or its designee will provide its written determination on the request for administrative review following the completion of its investigation. The Department or its designee also may issue such preliminary orders as it deems appropriate pending the issuance of its written determination. (6) In its written determination, or in any preliminary order, the Department or its designee may reverse, revise, stay, or approve the decision at issue made by the fiduciary organization. (7) The Department or its designee also may enforce its written determinations and preliminary orders by such action as it deems appropriate. Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700 Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700 History: OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024 OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018 OHCS 1-2003, f. & cert. ef. 4-4-03 OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03
813-310-0005 Purpose and Objective OAR 813, division 310 is promulgated to accomplish the general purposes of ORS 456.506 through 456.514, visitability requirements for subsidized development. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0010 Applicability These rules apply to the new construction of one or more rental housing units receiving development subsidies from the Department as described in ORS 456.508(7). Covered housing units include Department subsidized townhouses as well as other forms of rental housing. These rules also apply to group homes. These rules do not apply to homeownership housing, to farmworker housing located on a farm or to the acquisition, alteration, renovation or remodeling of existing structures. The visitability requirements are not the same as federal, or state accessibility or adaptability requirements. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0015 Federal and State Requirements Resolution Where other state and federal accessibility requirements apply, including but not limited to the Americans with Disabilities Act requirements, that differ from these visitability requirements and both apply to a subsidized development project, the more stringent requirements shall control. It should be noted that there are other accessibility requirements established in state and federal law. Chief among these are the Oregon Structural Speciality Code, and when applicable, the Americans with Disabilities Act or Uniform Federal Accessibility Standards. Pursuant to state code requirements, public and common use areas and facilities such as recreational facilities, laundry facilities, garbage and recycling collection areas, mailbox locations, lobbies, foyers and management offices shall be accessible in applicable multifamily housing. (chapter 11, division I — Building Accessibility, New Construction, Group R Occupancies, Section 1106.1.10 — General, Oregon Structural Speciality Code). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0025 Visitability Requirements Except as provided in ORS 456.513 and consistent with these rules, the Department may not provide funding for the development of new rental housing that is a subsidized development unless: (1) Each dwelling unit of the housing meets the following requirements: (a) At least one visitable exterior route leading to a dwelling unit entrance that is stepless and has a minimum clearance of 32 inches. (b) One or more visitable routes between the visitable dwelling unit entrance and a visitable common living space. (c) At least one visitable common living space. (d) One or more visitable routes between the dwelling unit entrance and a powder room. (e) A powder room doorway that is stepless and has a minumum clearance of 32 inches. (f) A powder room with walls that are reinforced in a manner suitable for handrail installation. For purposes of this paragraph, handrail means grab bar. (g) Light switches, electrical outlets and environmental controls that are at a reachable height. (2) For a development that has a shared community room or that has 20 or more contiguous units, there is at least one community powder room available for all tenants and guests that is accessible, except as provided by OAR 813-310-0030(2). This requirement does not apply to group homes. (3) For a multi-story structure without an elevator, this section applies only to dwelling units on the ground floor of the structure. (4) The visitability requirements of ORS 456.510 enumerated in this section do not apply to farmworker housing located on a farm. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0030 Community Powder Room (1) Except as provided by subsection (2) of this section, the required community powder room shall be available for use 24-hours per day, 7 days per week. This availability may be provided by on-site or on-call staff, through the use of keys, keypads or electronic code locks, or by other means, as approved by the Department. (2) Group homes are exempt from the community powder room requirements. (3) A subsidized development shall also be exempt from the requirement to make the required community powder room available for use 24-hours per day if justification is provided to the Department demonstrating that all of the visitable units in the development include an adaptable powder room that meets the requirements of OAR 813-310-0025 and also has at least one grab bar. The grab bar shall be installed on the wall beside the toilet and shall meet ADA standards as of July 1, 2004, for proper installation, diameter and length. (In considering whether all the units of a subsidized development have met the provisions of this subsection, the Department will exclude units that have already been given a full exemption from the powder room visitability requirements.) In addition to providing adaptable powder rooms in visitable units, an applicant requesting this exemption shall provide a list to OHCS of the hours that the community powder room will be available. Where the Department grants an exemption under this provision, the Department shall encourage that subsidized development to provide access upon request to any community powder room, where feasible. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0035 Visitable Exterior Route Requirements Each visitable unit must be connected to common use areas (such as parking, lobbies, mailboxes, management offices, recreational facilities, laundries and garbage and recycling areas) by a visitable exterior route. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0045 Visitable Exterior Unit Entrance Requirements Visitable exterior unit entrances to dwelling units shall meet the following criteria: (1) Adjacent Surfaces. Each visitable entrance shall have a flat surface immediately adjacent to and level with the entrance. On the exterior, the surface may be sloped for drainage at a rate of no greater than 1 unit vertical to 50 units horizontal (2% slope). The surface shall be at least 36 inches wide. It shall be at least 48 inches deep in the direction of travel on the push side of the door and not less than 60 inches deep in the direction of travel on the pull side of the door. Where the door is not in the direction of travel, the minimum size of the flat surface shall be 60 inches by 60 inches. (2) Exterior Door Width. An exterior door shall have a clear opening of at least 32 inches. (3) Threshold. The maximum threshold height shall be 3/4 inch for exterior sliding doors and 1/2 inch for all other exterior doors. The threshold shall be beveled down to the adjacent surface at a slope not steeper than 1:2. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0050 Visitable Interior Route and Doorway Requirements (1) Hallways along a visitable route shall have a minimum clearance of 36 inches, and doorways along that route shall have a minimum clearance of 32 inches. (2) The maximum threshold height for visitable interior doors shall be 1/2 inch. The threshold shall be beveled down to the adjacent surface at a slope not steeper than 1:2. (3) The visitable powder room doorway shall have either an exterior swing door, a pocket door, or an interior swing door. An exterior swing door shall not block access along the visitable interior route, in the Department’s determination. An interior swing door shall not block the reasonable use of the fixtures in the powder room, in the Department’s determination. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0055 Light Switches, Electrical Outlets and Environmental Control Requirements Light switches, electrical outlets and environmental controls in the dwelling units shall be installed no lower than 15 inches, or any higher than 48 inches, above the adjacent floor level. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0060 Group Home Visitability Requirements Group homes are generally considered to be a single unit. Consequently, as with a single unit, these rules require only one visitable exterior route, one visitable entrance, and one powder room with a visitable interior route and a visitable doorway for a group home. The shared space in a group home is not considered to be a shared community room as defined in OAR 813-310-0020(15) and is not subject to the visitability and availability requirements outlined in 813-310-0025(1)(b) and 813-310-0030 for shared community rooms. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0065 Exemptions The Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of OAR 813-310 if the Department determines that the exemption is warranted by: (1) The topography at the construction site. An exemption or partial exemption from these rules may be considered where topography or other considerations (flood plains, conservation areas) are determined by the Department to make compliance impracticable. Undue expense resulting from adjustments to accepted construction methods arising from specific site conditions might also qualify for an exemption. For example, providing both an exterior visitable route and adequate drainage at the building perimeter on a flat site may require unusual foundation design that unreasonably adds to project cost. (2) Community and design standards. Community and design standards, refer to local government development codes or to previously adopted and binding CCRs (covenants, conditions and restrictions). They do not refer to neighborhood or project management design preferences. Where possible, projects should adapt to meet the community and design standards and all visitability requirements. If new community and design standards are imposed after a project has already been submitted for funding by the Department and the Department determines that the new standards conflict with the visitability requirements of this division, an exemption may be granted for the project. (3) Undue costs or constraints (see the definitions at OAR 813-310-0020(19) and (20)); or (4) Conflicting funding requirements of another government agency if the agency contributes a significant amount of financial aid for the housing (see the definition at OAR 813-310-0020(16)). Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0070 Application for Exemptions from Visitability Requirements (1) To request an exemption from any rule under chapter 813-310, the applicant must complete an OHCS Exemption Request Form. Exemption Request Forms may be obtained by contacting the OHCS Housing Resources Section. They are also available on the OHCS website at: http://www.hcs.state.or.us/. (2) In requesting an exemption, an applicant must list the category of each visitability exemption as described in OAR 813-310-0080 and must submit a written statement providing thorough justification about why each exemption is needed. An applicant may seek exemption pursuant to more than one exemption category. Consistent with the category of the requested exemption or exemptions, the written statement should include information regarding topographic conditions, community and design standards, construction costs, constraints, sources of funding or other matters as necessary to adequately describe the circumstances relating to the exemption request. If the exemption request is based upon design standards, the written statement shall address whether it would be reasonably possible to obtain from the local government an exemption from the local design standard. In addition, the statement shall indicate whether the applicant is seeking a full or partial exemption. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0075 Approval or Disapproval of Requested Visitability Exemptions (1) The Department may grant exemptions to the visitability requirement of this division in a manner and to a degree consistent with these rules, acting on its own initiative or at the request of an applicant for a development subsidy. (2) The final approval of an exemption or partial exemption request may be given for more or less than requested. Partial exemptions may be granted as follows: (a) Partial exemption from meeting all of the visitability requirements. The Department may grant an exemption for one aspect of the visitability requirements without granting exemption from other visitability requirements. For example, an exemption from exterior visitability requirements may be granted for topographical reasons, without exempting interior visitability requirements. (b) Partial exemption from full compliance with visitability requirements — The Department may grant a partial exemption from full compliance with any visitability requirement. For example, a ramp that cannot meet the visitability standard may be given a partial exemption that still requires the ramp to meet a certain standard which in the determination of the Department is the best that can be achieved under the circumstances. (c) Partial exemption for one or more units. The Department may grant an exemption or partial exemption for one or more of the units in a development. For example, it may be that one unit in a development requires an exemption while others do not merit such an exemption. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0080 Classifying Exemptions For administrative purposes including without limitation, for purposes of justification, record keeping and analysis of exemptions, the Department may classify exemptions into the following categories, or combination of such categories: (1) Topography. (2) Funding conflicts. (3) Undue cost. (4) Undue constraint. (5) Initial project rejection (see OAR 813-310-0095). (6) Community and design standards. (7) With regard to the availability of the community powder room, the provision of adaptable powder rooms with grab bars in each visitable unit. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0085 Exemption Request Timing (1) Exemptions may be requested by an applicant or allowed by the Department at any time during the development of a project prior to the issuance of a certificate of occupancy. The Department encourages exemption requests prior to the submittal of Consolidated Funding Cycle applications as this enables more realistic budgeting. However, this may not always be possible. For example, a city may impose a design standard through the plan review process after the Consolidated Funding Cycle awards have been made. (2) An exception to this timing deadline will be allowed to request an exemption from the 24-hour availability requirement for a community powder room, as there may be operational issues that arise after occupancy that were not considered during the design or building stages of the project. Such an exemption request may be made and considered at any time during the life of the project. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0090 Good Faith An applicant who requests an exemption from the requirements of these rules must act in good faith in making the request and in performing any action prior to and related to the request, including the creation of the conditions that support the need or justification for an exemption. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0095 Exemption for Funding Rejection Prior to July 1, 2004; Continued Funding Until July 1, 2006, the Department may exempt projects that were submitted and rejected for Consolidated Funding Cycle funding prior to the effective date of these rules, July 1, 2004, if compliance with these rules would add significant cost to development of the re-submitted project. The Department may continue to provide funding after July 1, 2006, to complete any project approved for funding prior to July 1, 2006. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04