justicedao/ipfs_state_laws huggingface dataset:
918-001-5040 Accessory Structures The primary intent of the program is to incentivize fire hardening improvements in residential and commercial buildings, but accessory structures that are within 50 feet of a residential or commercial building can act as fuel for a wildfire thereby increasing the risk of damage to the nearby residential and commercial building. Therefore, fire hardening grants will be available to applicants for improvements made to accessory structures under the following conditions: (1) The applicant is eligible for grant assistance for a residential or commercial building on the same parcel. (2) The applicant has added both of the following fire hardening improvements to one or more accessory structure(s): (a) Roofing that is rated either Class B or Class A; and (b) Exterior wall covering that is either: (A) Noncombustible; (B) Ignition resistant; (C) Heavy timber; or (D) log wall, (3) The accessory structure that is being improved is within 50 feet of any residential or commercial building. For this condition, the residential or commercial building that is within 50 feet of the accessory structure is not required to be the same residential or commercial building that the applicant has already qualified for grant assistance. Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) History: BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025 BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024 BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024 BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022 BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022
918-001-5050 Verification of Program Eligibility The affected county that the applicant is rebuilding in or the division will verify program eligibility. Each of the following eligibility elements will be verified with the listed documentation. (1) Applicant identity will be verified with a government issued photo identification such as a driver’s license, state issued photo identification, passport, or military identification. (2) Property ownership will be verified with a copy of the title, manufactured home ownership documentation, a search of public property ownership records, or other documentation at the discretion of the County Building Official. (3) Completion of eligible work will be verified with: (a) The results of an inspection by a local building department; (b) Photographic or video evidence suitable to verify the work; (c) An invoice for service and materials confirmed as paid; or (d) Other documentation at the discretion of the County Building Official. Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) History: BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025 BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024 BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024 BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022 BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022
918-001-5060 Qualifying Improvements and Program Incentives The following improvements will be incentivized by the program and the listed incentive amounts will be disbursed to eligible applicants once they complete qualifying fire hardening improvements: (1) Installing roofing rated either Class B or Class A is eligible for a $2,200.00 incentive. (2) Installing a fire hardened exterior wall covering is eligible for a $1,750.00 incentive, the wall covering must be either: (a) Noncombustible; (b) Ignition resistant; (c) Heavy timber; or (d) Log wall. (3) Installing vents that were designed to resist ember intrusion and flame, or using an unvented attic assembly is eligible for a $350.00 incentive. (4) Protecting the undersides of eaves, soffits and other building projections at the discretion of the County Building Official is eligible for a $400.00 incentive, applicant must use one of the following: (a) Noncombustible material; (b) Ignition-resistant material; (c) Exterior portion of one hour assembly; or (d) One layer of 5/8 inch Type X gypsum sheathing or equivalent. (5) Installing fire hardened walking surfaces of porches, balconies, and decks is eligible for a $550.00 incentive, walking surfaces must be constructed from: (a) Noncombustible material; (b) Ignition resistant material; (c) Exterior fire retardant treated wood; or (d) Materials meeting ASTM E2632. (6) Installing windows and skylights that are either made from tempered glass or are 20-minute fire rated is eligible for a $550.00 incentive. (7) For manufactured homes only, installing skirting that is made from either noncombustible or ignition resistant materials is eligible for a $500.00 incentive. (8) Accessory structures that meet the eligibility conditions in OAR 918-001-5040 are eligible for a grant of $500.00 per structure for up to two structures. (9) Eligibility for grant funds is not a guarantee of payment. The program may be unable to make additional payments if there are insufficient funds available. Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) History: BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025 BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024 BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024 BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022 BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022
918-001-5070 Additional Organizational Partners The division may partner with additional governmental or non-governmental organizations to provide additional assistance to potential applicants. This assistance may include: (1) Outreach and education; (2) Application preparation and program intake; and (3) Preparation of verification documents. Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) History: BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025 BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024 BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024 BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022 BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022
918-008-0000 Purpose and Scope (1) The Department of Consumer and Business Services, Building Codes Division, adopts model building codes, standards and other publications by reference, as necessary, through administrative rule to create the state building code. When a matter is included in a specialty code or referenced publication that is in conflict with Oregon Revised Statutes or Oregon Administrative Rules, the statute or rule applies and the code or standard provision does not. All remaining parts or application of the code or standard remain in effect. (2) Unless required by law, matters generally not authorized for inclusion in a specialty code or referenced standard include, but are not limited to: licensing or certification requirements, or other qualifications and standards for businesses or workers; structures or equipment maintenance requirements; matters covered by federal or state law; and matters that conflict with other specialty codes or publications adopted by the department. (3) OAR 918-008-0000 to 918-008-0070 provides the process for adopting and amending the state building code that is consistent across all program areas. (4) The state building code is derived from the most appropriate version of base model codes, which are updated periodically. (5) The Oregon specialty code amendment process begins approximately midway into a code cycle. (6) An appropriate advisory board approves or forwards the adoption of the Oregon specialty code and amendments to the Department for adoption. (7) Notwithstanding sections (3) through (6) of this rule, the division may adopt supplemental code amendments as authorized by OAR 918-008-0028. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 447.020, 455.030 & 479.730 Statutes/Other Implemented: ORS 447.020, 455.030 & 479.730 History: BCD 1-2014, f. 1-22-14, cert. ef. 4-1-14 BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06 BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8-27-06 BCD 6-1997, f. & cert. ef. 4-1-97 BCD 26-1994, f. & cert. ef. 11-15-94
918-008-0010 Definitions The following definitions apply to OAR 918-008-0000 to 918-008-0070: (1) “Base model code” means a published collection of standards governing a particular field of construction, which is generally accepted and used in the United States. (2) “Code cycle” means an approximate three-year period starting from the Oregon specialty code effective date. (3) ”Oregon specialty code” means a base model code, together with Oregon-specific amendments, which is adopted by the State of Oregon. (4) “Proposed code amendment” means an application from a person to add an amendment to a proposed base model code or amend an Oregon specialty code. (5) “Supplemental code amendment” means a division-initiated amendment to an Oregon specialty code. Statutory/Other Authority: ORS 447.020, 455.030 & 479.730 Statutes/Other Implemented: ORS 447.020, 455.030 & 479.730 History: BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06 BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8-27-06 BCD 6-1997, f. & cert. ef. 4-1-97 BCD 26-1994, f. & cert. ef. 11-15-94
918-008-0020 General Code Adoption Process (1) The division, in consultation with the appropriate advisory board, establishes a timetable to collect proposed code amendments. The timetable depends on the publication date and general availability of the proposed base model code. (2) The division will notify interested persons of the timetable at least 45 days before the ending period for collecting proposed code amendments. (3) During the timeframe for proposing code amendments, an interested person may also recommend that the division incorporate, statewide code interpretations and alternate method rulings into the Oregon specialty code. (4) The division, in consultation with an appropriate advisory board, reviews prior code amendments, statewide code interpretations, and alternate method rulings during the code adoption and amendment process. The division recommends whether to carry prior code amendments, statewide code interpretations, and alternate method rulings forward to a newly adopted Oregon specialty code or to archive prior code amendments, statewide code interpretations, and alternate method rulings for informational purposes. Statutory/Other Authority: ORS 447.020, 455.030 & 479.730 Statutes/Other Implemented: ORS 447.020, 455.030 & 479.730 History: BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06 BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8-27-06 BCD 6-1997, f. & cert. ef. 4-1-97 BCD 26-1994, f. & cert. ef. 11-15-94
918-008-0028 Supplemental Code Amendments The division, with the approval of the appropriate advisory board as defined in ORS 455.010, may propose and adopt supplemental code amendments to the state building code at any time within a three-year code cycle, as circumstances merit. Statutory/Other Authority: ORS 455.030 & 455.110 Statutes/Other Implemented: ORS 455.030 & 455.110 History: BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06
918-008-0030 Proposed Code Amendment Requirements (1) All proposed code amendments are submitted to the division in writing or on a division-approved form. (2) Under ORS 455.030(4), all proposed code amendments must provide justification and the particular circumstances requiring the amendments. Additionally, proposed code amendments must conform to the policies contained in ORS 455.020. (3) The division screens proposed code amendments to determine whether they substantially meet the requirements of 918-008-0060. Proposed code amendments not substantially meeting the requirements of 918-008-0060 may be returned to the applicant with specific reasons included in the returned application. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 447.020, 455.030 & 479.730 Statutes/Other Implemented: ORS 447.020, 455.030 & 479.730 History: BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06 BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8-27-06 BCD 7-2005, f. & cert. ef. 4-1-05 Reverted to BCD 6-1997, f. & cert. ef. 4-1-97 Suspended by BCD 17-2004(Temp), f. & cert. ef. 9-30-04 thru 3-28-05 Reverted to BCD 6-1997, f. & cert. ef. 4-1-97 BCD 1-2004(Temp), f. & cert. ef. 1-29-04 thru 7-26-04 BCD 6-1997, f. & cert. ef. 4-1-97 BCD 26-1994, f. & cert. ef. 11-15-94
918-008-0060 Proposed Code Amendments Criteria (1) As required by OAR 918-008-0030, a proposed code amendment must address, where applicable, whether or not the proposed code amendment: (a) Is necessary to correct any unforeseen or probable outcomes resulting from the application of a code section, and if so why; (b) Is needed to protect the health, safety, welfare, comfort and security of occupants and the public, and if so, why; (c) Corrects inadequate application by a code section to a method, material or design, and if so, how; (d) Is necessary to address unique geographic or climatic conditions within Oregon, and if so, why; (e) Is needed to eliminate conflicting, obsolete, or duplicative code provisions or standards between Oregon-adopted codes, statutes or regulations, and if so, why; (f) Conserves scarce resources, and if so, how; (g) Provides for the use of unique or emerging technologies, or promote advances in construction methods, devices, materials and techniques, and if so, how; (h) Meets any energy conservation or indoor air quality requirements, and if so how; (i) Involves the adoption of an electrical or plumbing building product. If an electrical or plumbing building product is involved, note if the appropriate advisory board approved the product; and (j) Any adverse fiscal impact or cost savings passed on to the general public, the construction industry, local and state governments, and small businesses. If applicable, an interested person must describe the added or reduced cost of a proposed code amendment, describe the adverse fiscal impact or cost savings in relation to the current Oregon specialty code and include any standards of measure used to arrive at the result given. (2) ORS 183.534 and OAR 813-025-0015 requires the Building Codes Division to prepare a Housing Cost Impact Statement based on the cost of development of a 6,000 square foot parcel and the construction of a 1,200 square feet detached single family dwelling on that parcel. If a proposed code amendment relates to this type of parcel, provide information to assist the division in preparing a housing cost impact statement. Statutory/Other Authority: ORS 447.020, 455.030 & 479.730 Statutes/Other Implemented: ORS 447.020, 455.030 & 479.030 History: BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06 BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8-27-06 BCD 6-1997, f. & cert. ef. 4-1-97 BCD 26-1994, f. & cert. ef. 11-15-94
918-008-0070 Transition Provisions Nothing in these rules shall prevent the creation of a new code adoption cycle or varying the adoption cycle to more or less than three years when: (1) Adopting a new model code; (2) There is a changed model code or publication date; or (3) It is necessary to adjust the Oregon adoption year to make it compatible with the model code adoption. Statutory/Other Authority: ORS 447.020, 455.030 & 479.730 Statutes/Other Implemented: ORS 447.020, 455.030 & 479.730 History: BCD 6-1997, f. & cert. ef. 4-1-97 BCD 26-1994, f. & cert. ef. 11-15-94
918-008-0075 Scope and Purpose (1) OAR 918-008-0075 to 918-008-0115 applies to the state building code adopted by the division as defined in ORS 455.010. The purpose of these rules is to create a standard process for statewide code interpretations, site-specific interpretations, and alternate method rulings for all specialty code programs. (2) Statewide code interpretations and site-specific interpretations clarify existing provisions of the state building code and are not intended to create new provisions. (3) Alternate method rulings on products not covered in the current state building code apply only to new products, materials, or methods, and do not create new sections of code. Statutory/Other Authority: ORS 455.060, 455.100, 455.110 & 455.144 Statutes/Other Implemented: ORS 455.060, 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
918-008-0080 Definitions (1) "Alternate Method Ruling" is a request to rule on the acceptability of new materials, designs, or innovative methods of construction not covered by the state building code. (2) "Petitioner" means: (a) Any person residing, currently doing business, wishing to do business, or owning property in the State of Oregon; or (b) A building official authorized to administer and enforce the state building code under ORS 455.148 or 455.150. (3) "Site-Specific Interpretation" means a division-issued interpretation of a specialty code provision for use by a municipality that applies only to a single project. Site-specific code interpretations assist a local jurisdiction by providing an explanation of the meaning or intent of specific code provisions or sections as they apply to work permitted by the local jurisdiction. Nothing in this section replaces local processes for site-specific interpretations. (4) "Statewide Code Interpretation" means a division-issued binding interpretation of a specialty code provision that applies in all jurisdictions. Statewide code interpretations provide an explanation of the meaning or intent of specific code provisions or sections. Statutory/Other Authority: ORS 455.060, 455.100, 455.110 & 455.144 Statutes/Other Implemented: ORS 455.060, 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
918-008-0085 Statewide Code Interpretation Process (1) A petitioner may request a statewide code interpretation by providing the following information in writing or on division approved forms: (a) A brief description of the facts and circumstances giving rise to the need for a statewide code interpretation; and (b) The specialty code section at issue. (2) Notwithstanding subsections (1)(a) and (b) of this rule, the division may elect to accept a substantially complete request for a statewide code interpretation if circumstances merit. (3) After receipt and approval of a petitioner's request for interpretation, the division will process the request, reach a conclusion, and distribute the decision. (4) Each quarter, the division will communicate to the appropriate advisory board its actions concerning statewide code interpretations. Statutory/Other Authority: ORS 455.060, 455.100, 455.110 & 455.144 Statutes/Other Implemented: ORS 455.060, 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
918-008-0090 Site-Specific Interpretation Process (1) A building official may request a site-specific interpretation by providing the following information in writing or on division approved forms: (a) A brief description of the facts and circumstances giving rise to the need for a site-specific interpretation; (b) The specialty code section at issue; and (c) The physical address of the building site. (2) Notwithstanding subsection (1)(a) through (c) of this rule, the division may elect to accept a substantially complete request for a site-specific interpretation if circumstances merit. (3) After receipt and approval of a building official's request for interpretation, the division will process the request, reach a conclusion, and distribute the decision. 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
918-008-0095 Alternate Method Ruling Process (1) A petitioner may request an alternate method ruling by providing the following information in writing or on division approved forms: (a) Information on the material, design, or method the person wishes to utilize; (b) The specialty code section at issue; and (c) A brief description of the technical and scientific facts and circumstances giving rise to the need for an alternate method ruling. (2) Notwithstanding subsections (1)(a) through (c) of this rule, the division may elect to accept a substantially complete request for an alternate method ruling if circumstances merit. (3) After receipt of a petitioner's complete request for interpretation, the appropriate advisory board makes a recommendation on the technical and scientific facts of the proposed alternate method ruling, consistent with ORS 455.060. (4) After considering the recommendation of the appropriate advisory board, the division makes the final decision on the alternate method ruling and distributes the decision consistent with ORS 455.060. Statutory/Other Authority: 455.060 & 455.144 Statutes/Other Implemented: 455.060 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
918-008-0110 Enforcement All jurisdictions administering and enforcing the state building code must enforce statewide code interpretations and allow the use of alternate method rulings consistent with the original scope of the ruling. Failure to enforce statewide code interpretations or allow statewide alternate method rulings may subject building officials, plans examiners, and inspectors to revocation or suspension of certifications. Statutory/Other Authority: ORS 455.144, 455.148, 455.150 & 455.740 Statutes/Other Implemented: ORS 455.148, 455.150 & 455.740 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