justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 455 — Building Code

ORS 455.035. Effective date of rules. (1) Any rule adopted under this chapter or ORS 447.010 to 447.156 and 447.992 or 479.510 to 479.945 and 479.995 shall not become effective on a date other than January 1, April 1, July 1 or October 1. (2) Notwithstanding subsection (1) of this section, a rule adopting construction standards, materials, practices or provisions under the state building code may become effective on any date. (3) The provisions of subsection (1) of this section do not apply to temporary rules adopted under ORS 183.335 (5). [1995 c.553 11; 1999 c.116 1; 2005 c.734 3] Note:
ORS Chapter 455 — Building Code

ORS 455.040. State building code preempts local ordinances and rules; exemptions; criteria. (1) The state building code shall be applicable and uniform throughout this state and in all municipalities, and no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed by the state building code but which provides different requirements unless authorized by the Director of the Department of Consumer and Business Services. The directors authorization shall not be considered an amendment to the state building code under ORS 455.030. The director shall encourage experimentation, innovation and cost effectiveness by municipalities in the adoption of ordinances, rules or regulations which conflict with the state building code. (2) Subsection (1) of this section is operative: (a) With regard to the state structural code, July 1, 1974. (b) With regard to the state mechanical, heating and ventilating code, on the effective date of such code as determined under ORS 183.355. (c) With regard to each specialty code not named by paragraphs (a) and (b) of this subsection, on the effective date, as determined under ORS 183.355, of the first amendments to such code adopted pursuant to this chapter. [Formerly 456.775]
ORS Chapter 455 — Building Code

ORS 455.044. Tri-County Building Industry Service Center; fees. (1) The Department of Consumer and Business Services may establish and staff a Tri-County Building Industry Service Center to make available to licensed contractors and their employees, local governments and the public the resources and services described in ORS 455.042 and 455.046. (2) The Director of the Department of Consumer and Business Services may adopt by rule a reasonable fee schedule for the purpose of recovering the costs incurred by the department in providing services under ORS 455.046. Fees adopted and imposed under this section shall be in addition to the total building permit fees otherwise imposed in Clackamas, Multnomah and Washington Counties. A municipality shall collect fees adopted and imposed under this section and remit the fees to the department. [Formerly 455.842] Note:
ORS Chapter 455 — Building Code

ORS 455.046. be used for the purpose of defraying the costs of training and other educational programs administered by the Department of Consumer and Business Services under this chapter. (2) Permit surcharges shall be collected by each municipality and remitted to the Director of the Department of Consumer and Business Services. Each municipality having a population greater than 40,000 shall, on a monthly basis, prepare and submit to the director a report of permits and certificates issued in each class or category and fees and surcharges thereon collected during the month, together with other statistical information as required by the director concerning construction activity regulated by the parts of the state building code administered by the municipality. All other municipalities shall submit a report described in this subsection on a quarterly basis. The report shall be in a form prescribed by the director and shall be submitted, together with a remittance covering the surcharges collected, by no later than the 15th day following the month or quarter in which the surcharges are collected. (3)(a) All surcharges and other fees prescribed by ORS 455.010 to 455.240 and 455.410 to 455.740 and payable to the department, except fees received under ORS
ORS Chapter 455 — Building Code

ORS 455.048. Rules. In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services may adopt rules necessary for the implementation of ORS 455.044 and 455.046. [Formerly 455.846] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.050. Building permits; content. All building permits issued in this state shall contain the following information: (1) The name and address of the owner of the building or structure to be constructed or altered under the permit; (2) The name and address of the builder or contractor, if known, who will perform the construction or alteration; and (3) The street address and legal description or tax lot number of the property on which construction or alteration will occur. [Formerly 456.887] Note:
ORS Chapter 455 — Building Code

ORS 455.055. Uniform permit, inspection and certificate of occupancy requirements; rules. The Director of the Department of Consumer and Business Services may adopt rules establishing uniform permit, inspection and certificate of occupancy requirements under the state building code. The rules may include, but need not be limited to, rules establishing standards for building inspections and inspection procedures and rules establishing uniform forms for certificates of occupancy. In adopting rules under this section, the director may establish a process for a municipality to address conditions that are unique to the municipalitys enforcement of the state building code or that are not addressed by the rules establishing uniform permit, inspection and certificate of occupancy requirements. [2007 c.549 2] Note:
ORS Chapter 455 — Building Code

ORS 455.058. Investigation fee for work commenced without permit; rules. (1) Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences. (2) This section does not apply to: (a) An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or (b) Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law. (3) The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. [2013 c.324 2] Note:
ORS Chapter 455 — Building Code

ORS 455.060. Rulings on acceptability of material, design or method of construction; effect of approval; fees. (1) Any person who desires to use or furnish any material, design or method of construction or installation in the state, or any building official, may request the Director of the Department of Consumer and Business Services to issue a ruling with respect to the acceptability of any material, design or method of construction about which there is a question under any provision of the state building code. Requests shall be in writing and, if made by anyone other than a building official, shall be made and the ruling issued prior to the use or attempted use of such questioned material, design or method. (2) In making rulings, the director shall obtain the approval of the appropriate advisory board as to technical and scientific facts and shall consider the standards and interpretations published by the body that promulgated any nationally recognized model code adopted as a specialty code of this state. (3) A copy of the ruling issued by the director shall be certified to the person making the request. Additional copies shall be transmitted to all building officials in the state. The director shall keep a permanent record of all such rulings, and shall furnish copies thereof to any interested person upon payment of such fees as the director may prescribe. (4) A building official or inspector shall approve the use of any material, design or method of construction approved by the director pursuant to this section if the requirements of all other local ordinances are satisfied. [Formerly 456.845]
ORS Chapter 455 — Building Code

ORS 455.062. Provision of technical submissions. (1) A Department of Consumer and Business Services employee acting within the scope of that employment may provide typical drawings and specifications: (a) For structures of a type for which the provision of technical submissions is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and exempted under ORS 672.060 from the registration requirements of ORS 672.002 to 672.325; and (b) Notwithstanding ORS 671.010 to 671.220 and 672.002 to 672.325, for structures that are metal or wood frame Use and Occupancy Classification Group U structures under the structural specialty code. (2) A Department of Consumer and Business Services employee, who is licensed or registered under ORS 671.010 to 671.220 or 672.002 to 672.325, who is acting within the scope of that employment and who is providing typical drawings and specifications under subsection (1) of this section, is not required to seal or sign the typical drawings and specifications and is not subject to disciplinary action under ORS 671.010 to 671.220 or 672.002 to 672.325 based on providing those typical drawings and specifications. (3) A building official or inspector, as those terms are defined in ORS 455.715, when acting within the scope of direct employment by a municipality, may provide typical drawings or specifications for structures of a type for which the provision of technical submissions is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and exempted under ORS 672.060 from the registration requirements of ORS 672.002 to 672.325. This subsection does not alter any applicable requirement under ORS 671.010 to 671.220 or 672.002 to 672.325 regarding stamps and seals for a set of plans for a structure. [2013 c.528 4; 2019 c.97 2; 2019 c.640 21,21a; 2023 c.70 18] Note:
ORS Chapter 455 — Building Code

ORS 455.065. Alternative regulatory options for emerging technologies; rules. (1) Notwithstanding any provision of this chapter or ORS chapter 460, 479, 480 or 693, the Director of the Department of Consumer and Business Services may establish by rule alternative regulatory options for emerging technologies without the approval of advisory boards. Before adopting rules under this section, the director shall consult with the chairperson of an advisory board that will be affected by the alternative regulatory option. Rules adopted by the director may include definitions of the types of products that qualify as emerging technologies and may approve the use of specific emerging technologies. (2) The director shall consider national and international standards applicable to emerging technologies in adopting rules under this section. (3) Rules adopted by the director under this section must be limited to a specific site unless statewide application is approved by an advisory board that will be affected by the alternative regulatory option. (4) Rules adopted by the director under this section may not adversely affect the scope of practice under any license issued by the Department of Consumer and Business Services. (5) As used in this section, emerging technology means a product that is of a unique type or that has a unique scope of application and that would provide a benefit to Oregons economy if developed, used or produced by Oregon businesses.
ORS Chapter 455 — Building Code

ORS 455.068. Applicability of construction standards to winery. (1) For the purposes of this section, winery means a facility used primarily for the commercial production of wine or cider, including but not limited to areas used for production, shipping and distribution, wholesale and retail sales, tasting, crushing, fermenting, blending, aging, storage, bottling, administrative functions and warehousing. (2) In adopting any construction standards impacting a winery, the Department of Consumer and Business Services shall ensure the standards are applicable to all wineries producing wine, as defined in ORS 471.001, and cider, as defined in ORS 471.023. [2005 c.734 2] Note:
ORS Chapter 455 — Building Code

ORS 455.070. Report of suspected code violation; rules; form; appeal. (1) Any person may report a suspected violation of the state building code that poses an imminent threat to public health or safety to the local building official or, where the code is state-administered, to the Department of Consumer and Business Services. The complaint shall be in writing and submitted under rules adopted by the department. The rules of the department shall provide for the disposition of frivolous or harassing complaints by requiring detailed descriptions of the alleged violation and reference to the code sections allegedly violated. (2) The municipality or the department shall give notice of the complaint to the contractor, building owner and subcontractor, if any, involved in the project alleged to be in violation. The municipality or the department may charge the complainant for the necessary costs of supplying, copying and distributing the complaint form. (3) If, after five working days, no remedial action has taken place, the complainant has standing to appeal the matter to the appeals board of the municipality, where one is established, or directly to the appropriate advisory board where there is no local appeals board. The municipal appeals board or state advisory board shall reach a final decision within 14 days of the complainants appeal. A municipal appeals board decision shall then be subject to appeal to a state advisory board under ORS 455.690, provided that the state advisory board shall reach a final determination within 14 days of notice of an appeal. A record of the written complaint and the findings of the appeals and advisory boards may be introduced into evidence in any judicial proceeding for damages brought against the complainant by any person suffering damages as a result of the complaint.
ORS Chapter 455 — Building Code

ORS 455.080. Inspector may require proof of compliance. Notwithstanding ORS 455.630 (2), any inspector, including a specialty code inspector licensed under ORS 455.457, authorized by ORS 455.150 or 455.153 to determine compliance with the requirements of the state building code or any specialty code under this chapter may, in accordance with a compliance program as described in ORS
ORS Chapter 455 — Building Code

ORS 455.083. Enjoining violations of state building code. If the Department of Consumer and Business Services has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of the state building code or of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693 or any rule adopted under those statutes, the department may, without bond, bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with the state building code and ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter, and ORS chapter 447, 460 or 693 and any rule adopted under those statutes. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. [2013 c.324 3] Note:
ORS Chapter 455 — Building Code

ORS 455.085. Publication; readability; funding. (1) The Director of the Department of Consumer and Business Services shall, upon receipt of adequate funds under subsection (2) of this section, publish all state building code provisions relating to the design, construction, prefabrication, equipment or appliance installation, quality of materials, use and occupancy location and repair of detached low-rise residential dwellings in two separate publications. One publication shall contain the applicable provisions of the specialty code adopted under ORS 479.730 (1) and the other publication shall contain the remaining applicable provisions of the state building code. The text of the publications made under this section shall be readable at the ninth grade level of reading, as determined by the director under one or more standard recognized readability formulas, including, but not limited to, the Flesch, Fry or Dale Chall tests. (2) The publications under subsection (1) of this section shall be paid for by funds donated by interested citizens, who shall be made aware of the project by the Department of Consumer and Business Services through public service announcements and other nominal-cost advertising. Funds shall be collected until sufficient funds are available to conduct the publication. Refunds shall be made to the donors if sufficient funds are not collected.
ORS Chapter 455 — Building Code

ORS 455.090. Building codes information and services system or network. The Department of Consumer and Business Services may identify the resources necessary to develop a system or network that provides electronic access to building codes information and services for all building code jurisdictions in the state. The department may explore the availability of alternative means for establishing a statewide system or network for building codes information and services, including but not limited to developing resource sharing arrangements with private industry, obtaining foundation grants and obtaining federal funding. [2003 c.336 1; 2005 c.56 3] Note:
ORS Chapter 455 — Building Code

ORS 455.093. enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 455 — Building Code

ORS 455.095. (1) The Department of Consumer and Business Services shall develop and implement a system that provides electronic access to building codes information. The department shall permit and assist municipalities that administer and enforce building inspection programs to have access to and use the system. (2) The department may also make the system available for use by other public bodies that provide construction-related services including, but not limited to, public bodies described in ORS 455.185 (4). The information and services available through the system must include, but need not be limited to: (a) Licensing, permit, inspection and other relevant information; (b) Access to forms; (c) Electronic submission of and payment for permit applications; (d) Electronic submission of plans for review; (e) Electronic receipt of plan approvals and permits; (f) Electronic issuance of minor label or other appropriate permits; (g) Access to permit and inspection processes; (h) Receiving requests for and scheduling inspections, tracking of corrections and granting of approvals; (i) Performance of electronic field inspections, construction progress inspections and on-site verification of compliance with building codes requirements; and (j) The coordination and tracking of construction-related services. (3) A municipality that administers and enforces a building inspection program shall: (a) Use the system described in subsection (2) of this section or a system that the municipality develops, owns or has access to that has features, capabilities and functions that are equivalent to the system described in subsection (2) of this section; and (b) Meet the minimum standards the department adopts under ORS 455.098, regardless of whether the municipality uses the system described in subsection (2) of this section or a system that is equivalent to the system described in subsection (2) of this section. Note: See note under
ORS Chapter 455 — Building Code

ORS 455.097. Electronic access system development and implementation; uniform form and format for electronic exchange of building program and construction-related service information; waiver of contrary form and format requirements; rules. (1) As used in this section, form and format: (a) Means the arrangement, organization, configuration, structure or style of, or method of delivery for, providing required information or providing the substantive equivalent of required information. (b) Does not mean altering the substance of information or the addition or omission of information. (2) The purpose of this section and ORS 455.095 is to enable the Department of Consumer and Business Services to develop and implement a system that: (a) Provides electronic access to building codes information; (b) Is designed to offer a full range of electronic building permits services; (c) Allows the streamlining of building inspection services; (d) Provides a uniform form and format for submitting building codes information electronically; (e) Is available for use by any municipality administering and enforcing a building inspection program; and (f) At the discretion of the department: (A) Is available for use by other public bodies that provide construction-related services; and (B) Supports access for other purposes that may include, but need not be limited to, access for the coordination and tracking of construction-related services. (3) The department shall adopt rules to govern the form and format of building permit applications, building plans, specifications, other building program information and any other information exchanged through the electronic building codes information system described in ORS 455.095. (4) The department may waive a contrary form and format requirement imposed by statute or ordinance or by the rules of another agency for the submission of information in physical form to the extent the waiver is necessary to facilitate the submission of the information electronically. The department may accept an electronic reproduction of a signature, stamp, seal, certification or notarization as the equivalent of the original or may accept the substitution of identifying information for the signature, stamp, seal, certification or notarization. The department may not waive a requirement imposed by statute or ordinance or by the rules of another agency, other than a form and format requirement. (5) A person exchanging information through the electronic building codes information system in a form and format acceptable to the department is not subject to any licensing sanction, civil penalty, fine, permit disapproval or revocation or other sanction for failure to comply with a form or format requirement imposed by statute, ordinance or rule for submission of the information in physical form, including but not limited to any requirement that the information be in a particular form or of a particular size, be submitted with multiple copies, be physically attached to another document, be an original document or be signed, stamped, sealed, certified or notarized. [2007 c.69 2; 2015 c.170 3] Note: The amendments to
ORS Chapter 455 — Building Code

ORS 455.098. Minimum standards and statewide consistency in electronic processes; rules. The Department of Consumer and Business Services shall adopt rules to establish minimum standards and statewide consistency in electronic processes for reviewing plans, issuing permits and performing field inspections. [2021 c.223 1] Note: