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

ORS 455.240. Revenues from sales of building codes publications; use. (1) All revenues derived from the sale of publications of the Department of Consumer and Business Services relating to building codes shall be deposited in the Consumer and Business Services Fund. (2) Moneys credited to the Consumer and Business Services Fund under subsection (1) of this section are continuously appropriated to the department for use as provided in ORS 455.022. [Formerly 456.910; 1993 c.744 92; 2001 c.710 11] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.310. Single-family residence repair and maintenance exempt from codes; exemption itemized. (1) It is not the purpose of this chapter to require that permits be obtained or fees be paid for repairs and maintenance that do not violate the intent of the structural and fire and life safety specialty provisions of the State of Oregon Structural Specialty Code and the Low-Rise Residential Dwelling Code, adopted pursuant to ORS 455.020 and 455.610, ORS chapter 476, ORS 479.015 to 479.200 and 479.210 to 479.220, when such repair or maintenance is done on a single-family residence, or a private garage, carport or storage shed that is accessory to a single-family residence. (2) Items designated by the Director of the Department of Consumer and Business Services, with the advice of the Residential and Manufactured Structures Board, shall be exempt from permits and fees required under this chapter. The director shall, pursuant to ORS chapter 183, develop and maintain an applicable list of such exempt items, which shall include, but not be limited to, concrete slabs, driveways, sidewalks, masonry repair, porches, patio covers, painting, interior wall, floor or ceiling covering, nonbearing partitions, shelving, cabinet work, gutters, downspouts, small accessory buildings, door and window replacements, replacement or repair of siding and replacement or repair of roofing. In making the list of exempt items, the director shall further define the items on the list contained in this subsection so that no item which adversely affects the structural integrity of the dwelling shall be on the list. [Formerly 456.753 and then 456.915; 1993 c.744 93; 2003 c.675 26; 2009 c.567 17] Note: Section 8, chapter 223, Oregon Laws 2023, provides: Sec. 8. On or before October 1, 2025, the Department of Consumer and Business Services shall review and consider updates to the State of Oregon Structural Specialty Code through the Building Codes Structures Board established under ORS 455.132, to allow a residential occupancy to be served by a single exit, consistent with the following policies of this state: (1) The reduction, to the extent practicable, of costs and barriers to the construction of midsize multifamily dwellings, including those offering family-size housing with sprinklers on smaller lots, while maintaining safety, public health and the general welfare with respect to construction and occupancy. (2) Encouraging a variety of less expensive housing types that allow single-exit residential buildings under certain circumstances consistent with other adopted building codes. (3) In adopting or considering updates to the building code under this section, the department shall consider regional variation in firefighting capacity and equipment and may make amendments to the code contingent upon a certification by a local fire official that the municipality has sufficient firefighting capacity and equipment.
ORS Chapter 455 — Building Code

ORS 455.312. Exemption from code of structures for out-of-state delivery; loss of exemption. (1) Except as provided in subsection (2) of this section, if the manufacturer intends a structure manufactured in this state to be for delivery in another state, the Director of the Department of Consumer and Business Services may not require that: (a) The structure conform to the state building code. (b) An inspector provide plan approvals and inspections pursuant to ORS 455.715 to
ORS Chapter 455 — Building Code

ORS 455.315. Exemption of agricultural buildings, agricultural grading, equine facilities and dog training facilities. (1) The provisions of this chapter do not authorize the application of a state structural specialty code to any agricultural building, agricultural grading, equine facility or dog training facility. (2) As used in this section: (a)(A) Agricultural building means a structure located on a farm or forest operation and used for: (i) Storage, maintenance or repair of farm or forestry machinery and equipment; (ii) The raising, harvesting and selling of crops or forest products; (iii) The feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees; (iv) Dairying and the sale of dairy products; or (v) Any other agricultural, forestry or horticultural use or animal husbandry, or any combination thereof, including the preparation and storage of the produce raised on the farm for human use and animal use, the preparation and storage of forest products and the disposal, by marketing or otherwise, of farm produce or forest products. (B) Agricultural building does not mean: (i) A dwelling; (ii) A structure used for a purpose other than growing plants in which 10 or more persons are present at any one time; (iii) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476; (iv) A structure used by the public; or (v) A structure subject to sections 4001 to 4127, title 42, United States Code (the National Flood Insurance Act of 1968) as amended, and regulations promulgated thereunder. (b) Agricultural grading means grading related to a farming practice as defined in ORS 30.930. (c) Dog training facility means a farm building used for dog training classes or testing trials permitted under ORS 215.213 (1)(z) or 215.283 (1)(x) in which no more than 10 persons are present at any one time. (d)(A) Equine facility means a building located on a farm and used by the farm owner or the public for: (i) Stabling or training equines; or (ii) Riding lessons and training clinics. (B) Equine facility does not mean: (i) A dwelling; (ii) A structure in which more than 10 persons are present at any one time; (iii) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476; or (iv) A structure subject to sections 4001 to 4127, title 42, United States Code (the National Flood Insurance Act of 1968) as amended, and regulations promulgated thereunder. (3) Notwithstanding the provisions of subsection (1) of this section, incorporated cities may regulate agricultural buildings, equine facilities and dog training facilities within their boundaries pursuant to this chapter. (4) An agricultural building may be used for uses in addition to the uses listed in subsection (2)(a)(A) of this section if the additional uses: (a) Are incidental and accessory to the uses listed in subsection (2)(a)(A) of this section; (b) Are personal to the farm owner and the farm owners immediate family or household; and (c) Do not pose a greater hazard to persons or property than the uses listed in subsection (2)(a)(A) of this section.
ORS Chapter 455 — Building Code

ORS 455.320. Owner-built dwellings exempt from certain structural code provisions; recording of exemption. (1) As used in this section, unless the context requires otherwise: (a) Owner means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll which person has not taken advantage of the exemptions under subsection (2) of this section during the five years prior to applying for an exemption under this section. (b) Owner-built dwelling and outbuildings means a single-family residence and adjacent auxiliary structures the structural components of which are constructed entirely by the owner who intends to occupy the structures or by that owner and friends and relatives of the owner assisting on an unpaid basis. (2) Owner-built dwellings and outbuildings shall be exempt from any requirements of the structural code for ceiling heights, room sizes and the maintenance of specific temperature levels in those structures. The exemption shall apply to the new construction, renovation, remodeling or alteration of an owner-built dwelling or outbuilding. (3) A building permit issued for an owner-built dwelling or outbuilding shall note whether the owner-built dwelling or outbuilding complies with the requirements it is exempted from under subsection (2) of this section. If the dwelling or other structure does not comply with these requirements, the owner-builder shall file a copy of the building permit with the county clerk, who shall make the permit a part of the permanent deed record of the property. The owner shall provide the county clerk with a description of the property sufficient if it were contained in a mortgage of the property to give constructive notice of the mortgage under the law of this state. (4) Noncompliance with subsection (3) of this section shall not affect, in any manner, any conveyance of interest in property subject to this section. [Formerly 456.920] (Exemptions in Rural Areas)
ORS Chapter 455 — Building Code

ORS 455.325. Definitions for ORS 455.325 to 455.350. As used in ORS 455.325 to 455.350, unless the context requires otherwise: (1) Owner means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll. (2) Owner-built dwelling and outbuildings means a single-family residence and adjacent auxiliary structures the components of which, that are exempted from the structural code under ORS 455.330, are constructed entirely by the owner who intends to occupy the structures or by that owner and friends and relatives of the owner assisting on an unpaid basis. (3) Rural area means any land in a county which is located outside city limits and any recognized urban growth boundaries under that countys comprehensive plan and which are described by the ordinance allowed under ORS 455.330. [Formerly 456.925]
ORS Chapter 455 — Building Code

ORS 455.330. Counties authorized to exempt owner-built dwellings in rural areas from structural code. Notwithstanding ORS 455.040, a county may by ordinance: (1) Exempt owner-built dwellings and outbuildings in any rural area within that county from compliance with the structural code, except as provided in ORS
ORS Chapter 455 — Building Code

ORS 455.335. Rural areas to be mapped; building permit issuance for exempt dwellings limited. (1) A county exempting owner-built dwellings and outbuildings in rural areas from the structural code under ORS 455.330 shall designate those rural areas upon publicly available maps of readable scale showing individual property lines. (2) A county ordinance under ORS 455.330 shall provide that no person shall receive a building permit in that county for an exempt owner-built dwelling and outbuildings more than once every five years. [Formerly 456.935]
ORS Chapter 455 — Building Code

ORS 455.340. Code requirements to which exemption may not apply. No county shall exempt any building from requirements of the structural code relating to: (1) Fire egress, fire retardant, smoke alarms and smoke detectors; (2) Maximum bending stress allowed by the structural code for structural members; or (3) Insulation and energy conservation.
ORS Chapter 455 — Building Code

ORS 455.345. Permit, fee, plan check and inspection provisions apply; notice of noncompliance to owner-builder; recording of notice; notice to purchasers. (1) Permit, fee, plan check and inspection requirements required by ORS 455.210 shall apply to owner-built dwellings and outbuildings exempted from the structural code under ORS 455.330. (2) Building officials or specialty code inspectors licensed under ORS 455.457 inspecting structures exempted from the structural code under ORS 455.325 to
ORS Chapter 455 — Building Code

ORS 455.350. Purchasers remedies. (1) An individual who purchases an owner-built dwelling or outbuilding exempted from the structural code under ORS 455.325 to 455.350 from an owner who has not complied with ORS 455.345 (3) or (4) shall have a cause of action against the seller, within two years of the date of making the sale contract, for actual damages, if any. (2) Noncompliance with ORS 455.345 (3) or (4) shall not affect, in any manner, any conveyance of interest in property exempted from the structural code under ORS
ORS Chapter 455 — Building Code

ORS 455.355. Rules governing mercury thermostats. (1) The Director of the Department of Consumer and Business Services shall, by rule: (a) Prohibit the installation of thermostats that contain mercury in commercial and residential buildings. The director may not, under rules developed pursuant to this paragraph, prohibit the installation of thermostats that contain mercury on industrial equipment used for safety controls. (b) Establish a uniform notification and process for disposal and delivery of mercury thermostats by persons installing heating, ventilation or air conditioning systems. Persons installing heating, ventilation or air conditioning systems shall dispose of mercury thermostats according to the process established pursuant to this paragraph. (2) As used in this section, thermostat means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. [2001 c.924 3] Note:
ORS Chapter 455 — Building Code

ORS 455.360. Carbon monoxide alarms. (1) As used in this section, carbon monoxide alarm has the meaning given that term in ORS 105.836. (2) A carbon monoxide alarm is required in a structure that: (a) Is new construction or that undergoes reconstruction, alteration or repair for which a building permit is required; and (b) Is identified under the structural specialty code as a residential Group R structure. (3) A carbon monoxide alarm required by this section must be installed in accordance with the manufacturers instructions and any applicable requirements of the state building code. [2009 c.591 8] Note:
ORS Chapter 455 — Building Code

ORS 455.365. Radon mitigation standards. (1) The Building Codes Structures Board and the Residential and Manufactured Structures Board shall adopt design and construction standards for mitigating radon levels in new residential buildings that are identified under the structural specialty code as Group R-2 or R-3 buildings and new public buildings. In adopting the standards, the boards shall give consideration to any standards recommended by the United States Environmental Protection Agency for radon mitigation systems in buildings. (2) The boards shall make the design and construction standards for mitigating radon levels applicable in: (a) Baker, Clackamas, Hood River, Multnomah, Polk, Washington and Yamhill Counties; and (b) Any county for which the boards, after consultation with the Oregon Health Authority, consider the standards appropriate due to local radon levels. (3) The Director of the Department of Consumer and Business Services may authorize a municipality that administers and enforces one or more building inspection programs under ORS 455.148 or 455.150 to also administer and enforce any applicable standards for mitigating radon that are adopted by the boards. (4) The director, in consultation with the boards, may adopt rules for the implementation, administration and enforcement of this section. [2010 c.83 2] Note:
ORS Chapter 455 — Building Code

ORS 455.380. Department as final authority on agriculture workforce housing; rules; fees. (1) Notwithstanding the provisions of ORS 455.148 and 455.150, the Department of Consumer and Business Services is the final authority in interpretation, execution and enforcement of state and municipal administration of building codes and rules with respect to construction of agriculture workforce housing as defined in ORS 315.163. (2) The department shall provide for a statewide uniform application and method of calculating permit fees for agriculture workforce housing as defined in ORS 315.163. (3) The department shall adopt rules to carry out the provisions of subsections (1) and (2) of this section. [1989 c.964 16,17; 2001 c.573 11; 2001 c.613 16; 2003 c.588 17; 2013 c.750 26] (Seismic Rehabilitation)
ORS Chapter 455 — Building Code

ORS 455.390. Note: Section 3, chapter 797, Oregon Laws 2001, provides: Sec. 3. Educational building seismic rehabilitation. Subject to available funding, if a building evaluated under section 2 (4), chapter 797, Oregon Laws 2001, is found by a board to pose an undue risk to life safety during a seismic event, the governing board of a public university listed in ORS 352.002, local school district board, community college board or education service district board, as appropriate, shall develop a plan for seismic rehabilitation of the building or for other actions to reduce the risk. For a board that is subject to ORS 291.224, the boards plan to rehabilitate or take other action to reduce the seismic risk of a building must be included in the capital construction program of the board. A board that is subject to ORS 291.224 shall rank the relative benefit of projects to reduce seismic risk in comparison with other life safety and code requirement projects. Subject to availability of funding, all seismic rehabilitations or other actions to reduce seismic risk must be completed before January 1, 2032. If the building is listed on a national or state register of historic places or properties or is designated as a landmark by local ordinance, the plan for seismic rehabilitation or other action shall be developed in a manner that gives consideration to preserving the character of the building. [2001 c.797 3; 2013 c.768 162; 2015 c.767 177] (Miscellaneous Provisions)
ORS Chapter 455 — Building Code

ORS 455.395. Admissibility of data or agreements as evidence; immunity from certain causes of action. (1) No seismic rehabilitation data or seismic rehabilitation agreement is admissible in evidence to prove negligence or culpable acts or omissions in connection with injury, death or loss that occurs in an owners building as a result of the failure of the building to adequately withstand a seismic event. Such data or agreements are considered privileged and are excluded from evidence admitted in any legal action for the recovery of damages arising from the buildings failure due to seismic activity. (2) A person may not maintain a cause of action against a building owner for injury, death or loss that occurs in the owners building as a result of a failure of the building to adequately withstand a seismic event, provided the owner was in substantial compliance with the terms and conditions of a seismic rehabilitation agreement on the date of the seismic event. (3) The provisions of subsection (2) of this section shall apply only for the period during which the seismic rehabilitation agreement is in effect. [1995 c.400 2] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.400. of seismic rehabilitation provisions on exclusive remedy Note Educational building seismic rehabilitation--2001 c.797 3 (Miscellaneous Provisions)
ORS Chapter 455 — Building Code

ORS 455.405. Recreational vehicle conversion to structure. (1) A recreational vehicle that has a title issued by the Department of Transportation does not qualify as a structure. If a recreational vehicle is being converted to use as a structure, at the time of commencing the conversion the owner shall surrender the title and any registration issued for the recreational vehicle to the department for cancellation. A recreational vehicle that is converted to use as a structure is subject to the state building code. (2) There is a rebuttable presumption that a recreational vehicle has been converted to use as a structure if the recreational vehicle is located outside of a mobile home park as defined in ORS 446.003 and: (a) Has been rendered structurally immobile; or (b) Has direct attachment to utilities. [2019 c.585 4] Note:
ORS Chapter 455 — Building Code

ORS 455.410. Relocated buildings; substantial compliance required; permits. (1) Existing buildings or structures which are removed from their foundation and relocated to another site within this state shall be in substantial compliance as defined in subsections (2) and (3) of this section. (2) Substantial compliance means compliance with local construction codes in effect as of the original permit date of the building or structure, or where there was no permitting required at the time of original construction, with basic health and safety standards, as described in the closest dated Uniform Housing Code, as published by the International Conference of Building Officials as of the date of construction. Only the insulation, overhead and underneath the structure, shall be upgraded to the current insulation requirements of the state building code, or to the maximum extent possible subject to the design of the structure. Nothing in this statute shall be construed to mean that all heating, plumbing and electrical systems shall be replaced with systems meeting current standards for new construction, except that any life-threatening deficiencies in those systems shall be repaired, notwithstanding that the cost of rehabilitation may exceed 50 percent of the value of the structure before rehabilitation. (3) All foundation and basement construction on the structure and any remodeling at the new location shall be constructed subject to all applicable local current building and safety codes, or where none exist, with the applicable standards as described in the Uniform Housing Code described in subsection (2) of this section. (4) All moved houses shall be provided with either battery-operated or hard-wired smoke detection devices located in accordance with the provisions of the state building code. (5) Nothing in this section is intended to permit any person to move a structure unless the person first consults the appropriate building inspection authority and obtains all required permits.
ORS Chapter 455 — Building Code

ORS 455.412. Review of state building code provisions regarding certain smoke alarms and smoke detectors; rules. (1) The Department of Consumer and Business Services shall amend the state building code as necessary for the purpose of reducing the frequency of false alarms from smoke alarms and smoke detectors. Rules adopted under this section shall be designed to address smoke alarms and smoke detectors in single family and multifamily dwellings, hotels and lodging houses and shall not apply to recreational vehicles, commercial vehicles, railroad equipment, aircraft, marine vessels and manufactured dwellings. (2) As used in this section, smoke alarm and smoke detector shall have the meanings provided in ORS 479.250.
ORS Chapter 455 — Building Code

ORS 455.415. Identification badges. (1) A person who is licensed by the State Plumbing Board or the Department of Consumer and Business Services pursuant to ORS 460.057, 460.059, 479.630, 479.910, 480.630, 693.060, 693.103 or 693.111 must wear and visibly display an identification badge indicating the persons current license status while performing work for which the license is required. The authority that licenses the person shall specify the size and content of the identification badge and may establish such other specifications as the authority deems appropriate. (2) Subsection (1) of this section does not apply if wearing or displaying the identification badge may create a danger to the public health or to the safety of the person or the public. (3) This section does not require the display of a contractor or business license. [2003 c.675 62; 2005 c.758 21] Note: