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

ORS 455.417. Provision of electric service capacity for charging electric vehicles in newly constructed buildings; requirements; exemptions; rules. (1) As used in this section: (a) Electric vehicle charging station means a device or facility for delivering electricity for motor vehicles that use electricity for propulsion. (b) Municipality has the meaning given that term in ORS 455.010. (c) Provisions for electrical service capacity means: (A)(i) Building electrical service, sized for the anticipated load of electric vehicle charging stations, that has overcurrent devices necessary for electric vehicle charging stations or has adequate space to add the overcurrent devices; (ii) Designated space within a building to add electrical service with capacity for electric vehicle charging stations; or (iii) A designated location on building property, in or adjacent to a landscaped area, for installing remote service for electric vehicle charging stations; and (B) A conduit system installed from building electrical service, or from the dedicated spaces or locations described in subparagraph (A) of this paragraph, to parking spaces that can support, at a minimum, electrical wiring for installation of level 2 electric vehicle charging stations and, if the conduit is for future installation of electric vehicle charging stations, that labels both ends of the conduit to mark the conduit as provided for future electric vehicle charging stations. (d) Townhouse has the meaning given that term in ORS 197A.420. (2) The Director of the Department of Consumer and Business Services shall adopt amendments to the state building code to require newly constructed buildings described in subsection (3)(a) of this section to include provisions for electrical service capacity for charging electric vehicles. The code must require that each building include, at a minimum, provisions for electrical service capacity at no less than 20 percent of the vehicle parking spaces in the garage or parking area for the building. Fractional numbers derived from a calculation of the vehicle parking spaces must be rounded up to the nearest whole number. (3)(a) The director shall make code requirements under subsection (2) of this section applicable only to: (A) Commercial buildings under private ownership; (B) Multifamily residential buildings with five or more residential dwelling units; and (C) Mixed-use buildings consisting of privately owned commercial space and five or more residential dwelling units. (b) The director may not make code requirements under subsection (2) of this section applicable to townhouses. (4) Notwithstanding ORS 455.040, a municipality may, by process concerning land use, require that each newly constructed building described in subsection (3)(a) of this section include provisions for electrical service capacity to accommodate more than 20 percent of vehicle parking spaces in the garage or parking area for the building. [2021 c.152 1] Note:
ORS Chapter 455 — Building Code

ORS 455.420. Individual electric meters required in multifamily residential buildings; exceptions; standards. (1) Each individual dwelling unit in a multifamily residential building constructed after October 4, 1977, shall have installed a separate, individual electrical meter for each such dwelling unit except where a building inspector certified under ORS 455.715 to 455.740 determines that pursuant to standards adopted by the Director of the Department of Consumer and Business Services the installation of a single, central electrical meter for all the dwelling units in such building would facilitate an overall reduction in electrical consumption by such units. (2) For the purpose of carrying out the provisions of subsection (1) of this section, the director, based on recommendations of the Residential and Manufactured Structures Board, shall adopt by rule standards for determining whether the installation of a single electrical meter for all dwelling units in a multifamily residential building facilitates an overall reduction in electrical consumption by such units.
ORS Chapter 455 — Building Code

ORS 455.422. New construction; recycling containers. (1) Each multifamily residential dwelling with more than 10 individual residential units that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials. (2) Each commercial building and each industrial and institutional building that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials. (3) As used in this section, commercial, recyclable material and solid waste have the meanings given in ORS 459.005. [Formerly 215.620] Note:
ORS Chapter 455 — Building Code

ORS 455.425. Low-income elderly housing multiservice rooms required; standards; exceptions. (1) Any low-income housing for the elderly on which construction begins after January 1, 1978, and which is financed in whole or in part by federal or state funds shall contain a multiservice room adequate in size to seat all of the tenants. (2) The Director of the Department of Consumer and Business Services shall adopt rules, in accordance with the applicable provisions of ORS chapter 183, establishing standards and specifications for low-income elderly housing multiservice rooms required under subsection (1) of this section. In development of standards and specifications, the director may take into account any standards or specifications established pursuant to any federal program under which the construction of such housing is funded. (3) No housing described in subsection (1) of this section that contains 20 or fewer units is required to provide a multiservice room.
ORS Chapter 455 — Building Code

ORS 455.427. Prohibition of certain refrigerants. The Department of Consumer and Business Services may not prohibit in the state building code the use of refrigerants listed as of January 1, 2022, under regulations adopted under 42 U.S.C. 7671k as safe alternatives to Class I and Class II substances if the safe alternatives are installed in accordance with applicable rules or regulations. [2021 c.165 2] Note:
ORS Chapter 455 — Building Code

ORS 455.430. Reciprocity for prefabricated structures. If the Director of the Department of Consumer and Business Services determines that the standards for prefabricated structures prescribed by statute, rule or regulation of another state are at least equal to the regulations prescribed under this chapter, and that such standards are actually enforced by such other state, the director may provide by regulation that prefabricated structures approved by such other state shall be deemed to have been approved by the director. [Formerly 456.880]
ORS Chapter 455 — Building Code

ORS 455.440. When site soil analysis required; filing of report and notice; duty of transferor of property; effect of failure to comply. (1) If a city, county or government agency requires a site soil analysis and site recommendation report as a condition of approval for issuance of a building permit for a residence for human habitation, and the analysis and report identify the presence of highly expansive soils, then prior to issuance of the building permit the city, county or government agency shall: (a) Include a copy of that report with the construction plans filed with the building permit issuing agency; and (b) Record, in the County Clerk Lien Record in the county in which the property is located, a notice containing: (A) The legal description of the property; and (B) An informational notice in substantially the following form: ______________________________________________________________________________ This property has been identified as having highly expansive soils. This condition may create special maintenance requirements. Before signing or accepting any instrument transferring title, persons acquiring title should check with the appropriate planning or building department. ______________________________________________________________________________ (2) No action may be maintained against a city, county or government agency for failing to meet the requirements of subsections (1) and (2) of this section. (3) If a report described in subsections (1) and (2) of this section identifies the presence of highly expansive soils, the first transferor shall supply to the first transferee written suggestions for care and maintenance of the residence to address problems associated with highly expansive soils. (4) If the first transferor violates the provisions of subsection (3) of this section, the first transferee shall have a cause of action to recover damages of $750 from the first transferor. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1989 c.1026 1,2,3; 1995 c.618 71] Note:
ORS Chapter 455 — Building Code

ORS 455.445. Indoor air quality standards for public areas and office workplaces. (1) After considering the recommendations of the Indoor Air Pollution Task Force, and as expeditiously as possible, the Director of the Department of Consumer and Business Services shall adopt ventilation standards for public areas and office workplaces that are at least equivalent to the most recent, nationally recognized ventilation standards generally accepted and in use throughout the United States. (2) The director shall adopt building codes and building product standards to protect the indoor air quality of private residences but only as necessary to address serious or unique indoor air quality problems in Oregon when federal statutes, regulations and national codes fail to address building product and building code related indoor air quality problems. (3) As expeditiously as possible, the director shall consider for adoption the ventilation standards recommended by the Indoor Air Pollution Task Force. [1989 c.1070 10] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.446. Tsunami inundation zone; rules. (1) The State Department of Geology and Mineral Industries shall establish the parameters of the area of expected tsunami inundation based on scientific evidence that may include geologic field data and tsunami modeling. (2) The governing board of the State Department of Geology and Mineral Industries, by rule, shall determine the tsunami inundation zone based on the parameters established by the department. [1995 c.617 2; 2005 c.22 329; 2007 c.354 31; 2019 c.502 2] Note:
ORS Chapter 455 — Building Code

ORS 455.448. Entry and inspection of earthquake-damaged structures; warrant enforcement. (1) For the purposes of enforcement of this chapter the building inspector or any person appointed by the Department of Consumer and Business Services, after showing official identification and, if necessary, a warrant issued to the building owner or agent of the owner under subsection (2) of this section, may: (a) Enter, at reasonable times, any property that is known to be damaged, or for which there are reasonable grounds to believe that the structure has been damaged, as a result of an earthquake. (b) Inspect, at reasonable times, within reasonable limits and in a reasonable manner property that is known to be damaged, or for which there are reasonable grounds to believe that the structure has been damaged, as a result of an earthquake. (2) If entry is refused, the building inspector or any duly appointed representative of the Department of Consumer and Business Services may appear before any magistrate empowered to issue warrants and request such magistrate to issue an inspection warrant, directing it to any peace officer, as defined in ORS 161.015 to enter the described property to remove any person or obstacle and assist the building inspector or representative of the department inspecting the property in any way necessary to complete the inspection. [Formerly 401.537] Note:
ORS Chapter 455 — Building Code

ORS 455.449. Unsafe condition resulting from earthquake damage; abatement of nuisance; rules. (1) All buildings or portions thereof which are determined after inspection by a building inspector or a representative of the Department of Consumer and Business Services to be in unsafe condition as a result of earthquake damage may be declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified by rules adopted by the agency. (2) Any building declared to be in unsafe condition under subsection (1) of this section shall be made to comply with one of the following: (a) The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; (b) The building shall be demolished if the owner of the building consents; or (c) The building may be vacated, secured and maintained against entry if the building does not constitute an immediate danger to the life, limb, property or safety of the public. (3) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, the Department of Consumer and Business Services or representative of the department shall order it to be vacated. (4) If the structure, in whole or in part, is listed on or is eligible for listing on the National Register of Historic Places, established and maintained under the National Historic Preservation Act of 1966 (P.L. 89-665), or if the National Register of Historic Places ceases accepting nominations, is approved for listing on an Oregon register of historic places, or is a locally designated landmark protected by ordinance against demolition without due process, alternative compliance with the provisions of subsection (2)(a) and (c) of this section shall be allowed if the repaired or rehabilitated building is no more hazardous than it would be if repaired or rehabilitated in accordance with (2)(a) of this section. [Formerly 401.539] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.450. Prohibited acts. A person may not: (1) Violate, or procure or assist in the violation of, any final order of the Director of the Department of Consumer and Business Services, an advisory board, a state administrative officer or any local appeals board, building official or inspector, concerning the application of the state building code in a particular case or concerning a license, certificate, registration or other authorization. (2) Engage in, or procure or assist any other person to engage in, any conduct or activity for which a permit, label, license, certificate, registration or other formal authorization is required by any specialty code, any provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945, 479.950 and 480.510 to 480.670, this chapter or ORS chapter 447, 460 or 693, or any rule adopted or order issued for the administration and enforcement of those provisions, without first having obtained such permit, label, license, certificate, registration or other formal authorization. (3) Violate, or procure or assist in the violation of, any standard, specification, requirement, prohibition or other technical provision set forth in the state building code or an applicable local building code or in any rule or order of the Department of Consumer and Business Services, an advisory board, a local governing body or local building official.
ORS Chapter 455 — Building Code

ORS 455.453. Additional prohibitions. A person may not: (1) Perform work without appropriate licensing, certification or registration or employ, allow, permit or suffer individuals to perform work for the person without appropriate licensing, certification or registration. (2) Advertise or otherwise hold out as being a licensed, certified or registered specialty code contractor without holding the appropriate specialty code contractor license, certification or registration. (3) As a partner, officer, member or employee of a business, advertise or hold out that the business is a licensed, certified or registered specialty code contractor if the business does not hold the appropriate specialty code contractor license, certification or registration. (4) Engage in business as a specialty code contractor without holding a valid specialty code contractor license, certificate or registration required for the business. (5) Perform work or operate equipment within the scope of a specialty code license, certificate or registration in a manner that violates an applicable minimum safety standard or a statute or rule regarding safety. [2013 c.324 4] Note:
ORS Chapter 455 — Building Code

ORS 455.455. Building inspection and plan review; license required; exception. (1)(a) A person may not employ an individual to perform specialty code inspections in any specialty area unless the individual has a license issued in that specialty area under ORS 455.457. (b) A person may not engage in specialty code inspections without having a license issued under ORS 455.457 in the specialty area for which the inspection is provided. (c) A person may not employ an individual to perform plan reviews unless the individual has a license issued under ORS 455.457. (d) A person may not engage in reviewing plans without having a license issued under ORS 455.457. (2) The requirements in subsection (1) of this section do not apply to a person who is an employee of the state or of a municipality. [1999 c.1045 2] Note:
ORS Chapter 455 — Building Code

ORS 455.457. ORS 455.148 (3) and 455.150 (3) to one or more municipalities to which the director has delegated a building inspection program. (c) Discretionary decision means: (A) Waiving a plan review, an inspection or a provision of the state building code; or (B) Allowing an alternative material, design or method of construction. (d) Qualified employee means an individual that a municipality employs and has designated to ratify or disapprove a contract building officials discretionary decisions and who: (A) Before exercising oversight over a contract building official, completed, with any applicable certification or other evidence of completion, basic training that the director determines is necessary; and (B) Within 180 days after a municipalitys designation of the individual as a qualified employee, completed, with any applicable certification or other evidence of completion, any advanced training that the director determines is necessary. (2)(a) Notwithstanding ORS 455.148 (3) and 455.150 (3), a city that procured services from a contract building official on or after January 1, 2018, and before January 1, 2022, may continue to procure or may again procure services from a contract building official on and after January 1, 2022, only if the city complies with the provisions of ORS 455.202 to 455.208. A city that did not procure services from a contract building official before January 1, 2018, may not procure services from a contract building official unless: (A) The city procures services from a contract building official for a period of not more than 180 days while recruiting for an individual to employ as a building official; or (B) The city receives approval from the director to procure services from a contract building official for not more than 180 additional days after the period described in subparagraph (A) of this paragraph upon a showing that the citys recruitment to employ a building official remains active after the period described in subparagraph (A) of this paragraph. (b) A county may procure services from a contract building official after January 1, 2022, only if the county complies with the provisions of ORS 455.202 to
ORS Chapter 455 — Building Code

ORS 455.459. Specialty code inspection and plan review; conflict of interest. (1) A person shall not inspect or review any project or installation in which the person, employer of the person or relative of the person has any financial interest or business affiliation. A person designated under ORS 455.465 (1)(a) may not perform both the inspection and plan review for the same project or installation. A municipality or the state shall perform either the inspection, the plan review, or both. (2) For purposes of this section, relative has the meaning given that term in ORS 95.200. [1999 c.1045 4] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.461. Specialty code inspectors and plan reviewers; quality control; rules. (1) The Director of the Department of Consumer and Business Services, by rule, shall develop quality control procedures for the activities of specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers licensed under ORS 455.457. These procedures shall include but are not limited to random sampling of the work of such persons and businesses. (2) The Director of the Department of Consumer and Business Services shall appoint by rule a chief inspector for each specialty code under this chapter. [1999 c.1045 7] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.463. Specialty code inspection and plan review; department enforcement authority; investigation. (1) In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under this chapter and ORS chapters 447 and 479, with respect to specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers licensed under ORS 455.457, if the director has reason to believe that there is a failure to enforce or there is a violation of any provision of this chapter or ORS chapters 447 and 479 or any rule adopted thereunder, the director may: (a) Examine building code activities of specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers; (b) Take sworn testimony; and (c) With the authorization of the office of the Attorney General, subpoena persons and records to obtain testimony on official actions that were taken or omitted or to obtain documents otherwise subject to public inspection under ORS 192.311 to 192.478. (2) The investigative authority authorized by subsection (1) of this section covers violations or omissions by specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers licensed under ORS 455.457 related to enforcement of codes or administrative rules, licensing of inspectors or financial transactions. [1999 c.1045 8] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.465. Department and municipalities to designate persons licensed to conduct specialty code inspection and plan review; fees; exception. (1) In administering a building inspection program, the Department of Consumer and Business Services or a municipality shall: (a) Designate at least three persons licensed under ORS 455.457 from whom the department or municipality will accept plan reviews; or (b) Contract with a person licensed under ORS 455.457 and may include as a term of the contract a process for collection of plan review fees. (2) For plan reviews conducted under subsection (1) of this section, the department or a municipality may: (a) Establish the process for collecting fees from a person licensed under ORS
ORS Chapter 455 — Building Code

ORS 455.466. Rapid approval assessment for essential projects. (1) As used in this section, essential project means a: (a) State owned or operated development; (b) Development of industries in the traded sector as defined in ORS 285A.010 for structures more than 100,000 square feet in size; (c) Project in an industrial site listed by the Oregon Business Development Department as ready for development and for which the project construction totals more than 100,000 square feet in size; or (d) Development designated by the Director of the Oregon Business Development Department as essential to the economic well-being of the state. (2) Notwithstanding any municipal building inspection program under ORS 455.148 or