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

ORS 455.467. Timelines for approval or disapproval of certain specialty code building plans; exceptions; phased permit systems; failure to adhere to timelines. (1) Except as provided in subsection (2) of this section, for specialty code plan reviews of simple low-rise residential dwellings, the Department of Consumer and Business Services or a municipality that administers a building inspection program under ORS 455.148 or 455.150 shall approve or disapprove the specialty code building plan: (a) For a jurisdiction with a population that is less than 300,000, within 10 business days of receiving a complete application, or shall implement the process described in ORS 455.465. (b) For a jurisdiction with a population that is 300,000 or more, within 15 business days of receiving a complete application, or shall implement the process described in ORS 455.465. (2) The 10-day and 15-day requirements in subsection (1) of this section do not apply if: (a) The plan requires approval by federal, state or local agencies outside the jurisdiction of the issuing agency; (b) The plan is for a complex structure that requires additional review as determined by the department or municipality; or (c) Based on conditions that exist in the affected municipality, the Director of the Department of Consumer and Business Services authorizes a different plan review schedule as described in a building inspection program submitted under ORS 455.148 or 455.150. (3) For specialty code plan reviews of commercial structures, a municipality shall include in its building inspection program submitted under ORS 455.148 or
ORS Chapter 455 — Building Code

ORS 455.468. Electronic submission of application materials. A transaction conducted through a state or local system or network that provides electronic access to building codes information and services is exempt from any requirement under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945 and 480.510 to 480.670 and ORS chapters 447, 455, 460 and 693, or rules adopted thereunder, requiring a signature or the submission of handwritten materials. [2003 c.336 3] Note:
ORS Chapter 455 — Building Code

ORS 455.469. Municipal building inspection program to include certain policies and ordinances. A municipality shall add to and make a part of its building inspection program under ORS 455.148 or 455.150 the policies and ordinances adopted by the municipality to implement ORS 455.465 and 455.467. [1999 c.1045 22; 2001 c.573 14] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.471. Specialty code inspection and plan review fee authority; disposition of certain fee amounts. (1) Fee amounts shall not be established by the Director of the Department of Consumer and Business Services or any municipality for fees charged by persons licensed under ORS 455.457. (2) Fees charged by a person licensed under ORS 455.457 shall include a surcharge equal to the percentage amounts established for municipalities under ORS
ORS Chapter 455 — Building Code

ORS 455.473. Disposition of certain fees received by department. All moneys received by the Department of Consumer and Business Services pursuant to ORS
ORS Chapter 455 — Building Code

ORS 455.475. Appeal of decision of building official. (1) An applicant for a building permit may appeal a decision made by a building official under authority established pursuant to ORS 455.148, 455.150 or 455.467. The following apply to an appeal under this subsection: (a) An appeal regarding the interpretation or application of a particular specialty code provision shall be made first to the appropriate specialty code chief inspector of the Department of Consumer and Business Services. The decision of the department chief inspector may be appealed to the appropriate advisory board. The decision of the advisory board may only be appealed to the Director of the Department of Consumer and Business Services if codes in addition to the applicable specialty code are at issue. (b) If the appropriate advisory board determines that a decision by the department chief inspector is a major code interpretation, then the inspector shall distribute the decision in writing to all applicable specialty code public and private inspection authorities in the state. The decision shall be distributed within 60 days after the boards determination, and there shall be no charge for the distribution of the decision. As used in this paragraph, a major code interpretation means a code interpretation decision that affects or may affect more than one job site or more than one inspection jurisdiction. (2) Except as provided in subsection (1) of this section, an applicant for a building permit may appeal the decision of a building official on any matter relating to the administration and enforcement of this chapter to the department. The appeal must be in writing. A decision by the department on an appeal filed under this subsection is subject to judicial review as provided in ORS 183.484. (3) If an appeal is made under this section, an inspection authority shall extend the plan review deadline by the number of days it takes for a final decision to be issued for the appeal. [1999 c.1045 23; 2001 c.573 15; 2013 c.528 13] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.477. Requirement for suit filed by licensed specialty code inspector or plan reviewer. A person carrying on, conducting or transacting specialty code inspections or plan reviews or a business employing specialty code inspectors or plan reviewers may not maintain any suit or action relating to specialty code inspections or plan reviews in any of the courts of this state without alleging and proving that the person or business was licensed under ORS 455.457 at the time of performing such work. [1999 c.1045 11] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.479. Application to specialty inspections identified by department. Nothing in ORS
ORS Chapter 455 — Building Code

ORS 455.481. 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 455.483. Electrical and plumbing code plan review; rules. (1) The Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt rules to make electrical code plan review mandatory only for complex structures located in jurisdictions that offer electrical code plan review services. (2) The department shall adopt rules to make plumbing code plan review mandatory only for complex structures located in jurisdictions that offer plumbing code plan review services. (3) Notwithstanding any rules adopted pursuant to subsections (1) and (2) of this section, an owner of a complex structure or the owners agent may request and receive plan review and inspections for any electrical and plumbing materials and installations that are subject to the state building code. [2003 c.367 5; 2005 c.661 1] Note:
ORS Chapter 455 — Building Code

ORS 455.485. Special consideration for rural or remote areas; determination of compliance with fire, life safety and other building code standards. (1) When adopting the state building code, the Director of the Department of Consumer and Business Services shall give special consideration to the unique needs of construction in rural or remote parts of this state. (2) Notwithstanding any description of State Fire Marshal duties in ORS 476.030, 476.033, 476.035, 476.150 or 476.155, the Director of the Department of Consumer and Business Services or a local building official administering a building inspection program under ORS 455.148 or 455.150 may determine whether the structure as set forth in the plans and specifications or as constructed meets the standards of the state building code, including but not limited to fire and life safety standards. The State Fire Marshal, or a local fire official for a governmental subdivision exempted from State Fire Marshal regulations as described under ORS 476.030, may provide advice to building officials, inspectors or Department of Consumer and Business Services employees concerning state building code standards. A local building official or department employee shall give consideration to advice of the State Fire Marshal or local fire official that does not conflict with the state building code, but shall retain the authority to make final decisions regarding the code. [2013 c.487 2 and 2013 c.528 3] Note:
ORS Chapter 455 — Building Code

ORS 455.490. Legislative findings. The Legislative Assembly finds and declares that: (1) The use of a consensus-based expedited review system for the uniform statewide adoption, implementation, application and enforcement of certain state building code requirements to promote energy efficiency and energy conservation will facilitate and expedite compliance with those state building code requirements by providing a comprehensive source for interpretation of requirements that integrate elements affecting a variety of specialty codes. (2) The establishment of a Construction Industry Energy Board as an advisory board to the Department of Consumer and Business Services is an appropriate means for furthering the goal of facilitating and expediting state building code compliance related to energy efficiency and energy conservation. (3) The creation of a Construction Industry Energy Board will improve state building code compliance with regard to energy efficiency and energy use standards by creating an additional body empowered to enforce those standards. (4) The reorganization of certain existing advisory boards and the realignment of code enforcement responsibilities will enable the Department of Consumer and Business Services to more effectively ensure compliance with state building code specialty codes by increasing the focus of appropriate technical expertise, making the advisory boards more responsive to inquiries regarding code requirements and streamlining code enforcement responsibilities. [2009 c.567 1] Note:
ORS Chapter 455 — Building Code

ORS 455.492. Construction Industry Energy Board. (1) There is established a Construction Industry Energy Board, consisting of 11 members. The membership shall consist of the following: (a) Two members selected by the Electrical and Elevator Board from the members of the Electrical and Elevator Board who have practical experience in the electric industry. (b) Two members selected by the Residential and Manufactured Structures Board from the members of the Residential and Manufactured Structures Board who have practical experience in the residential structure industry or manufactured structure industry. (c) Two members selected by the Building Codes Structures Board from the members of the Building Codes Structures Board who have practical experience in construction. (d) Two members selected by the State Plumbing Board from the members of the State Plumbing Board who have practical experience in construction. (e) Two members selected by the Mechanical Board from the members of the Mechanical Board who have practical experience in construction. (f) One member who is an employee or officer of the State Department of Energy appointed by the Director of the State Department of Energy. (2) The Construction Industry Energy Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of those positions as the board determines. (3) Except as provided in ORS 455.496 (2), a majority of the members of the board constitutes a quorum for the transaction of business. (4) A member of the board is not entitled to compensation, but at the discretion of the director may be reimbursed from funds available to the Department of Consumer and Business Services for actual and necessary travel and other expenses incurred by the member in the performance of the members official duties in the manner and amount provided in ORS 292.495. [2009 c.567 2; 2009 c.567 12; 2011 c.272 22; 2013 c.255 3] Note:
ORS Chapter 455 — Building Code

ORS 455.496. Standards relating to energy use and energy efficiency aspects of specialty codes; rules; enforceability. (1) The Construction Industry Energy Board may evaluate and approve or disapprove proposed state building code standards relating to the energy use and energy efficiency aspects of the electrical, structural, prefabricated structure and low-rise residential specialty codes. The proposed standards evaluated by the board may include, but need not be limited to, standards regarding energy-conserving technology, construction methods, products and materials. The board shall forward any proposed standards recommended by the board to the Director of the Department of Consumer and Business Services for adoption or rejection by the director. (2) Approval by seven or more board members is required in order to recommend adoption of an energy construction standard to the director. If the standard relates to a specialty code that is administered by an advisory board described in ORS 455.492 (1)(a) to (e), the Construction Industry Energy Board may not recommend the standard to the director unless all of the Construction Industry Energy Board members who are members of the advisory board that administers that specialty code approve of recommending the standard. (3) Notwithstanding any provision of this chapter or ORS chapter 446 or ORS 479.510 to 479.945 or 479.950, or any provision of ORS chapter 447 regulating fixture installations or regulating plumbing products, the director may adopt or reject a proposed standard recommended by the Construction Industry Energy Board without further consultation of an advisory board. No later than 30 days after the director receives the proposed standard, the director shall initiate a process for considering the approval or rejection of the recommended proposed standard. If the director approves the standard, the director shall file the standard with the Secretary of State under ORS 183.335 as a rule amending the state building code. (4) The Construction Industry Energy Board shall identify and give notice to the director of the specialty codes that are affected by a recommended proposed standard. If the director adopts the standard as a rule, the rule shall be enforceable as a specialty code provision administered by the board and enforceable by any appropriate advisory board as a provision of the code administered by that advisory board. [2009 c.567 3; 2013 c.255 4] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.500. Reach Code; applicability; amendment. (1) The Director of the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, shall adopt, amend and administer a code separate from the state building code, to be known as the Reach Code. The director shall design the code to increase energy efficiency in buildings that are newly constructed, reconstructed, altered or repaired. (2) The Reach Code shall be a set of statewide optional construction standards and methods that are economically and technically feasible, including any published generally accepted codes and standards newly developed for construction or for the installation of products, equipment and devices. When adopting or amending the code, the director, in consultation with the appropriate advisory boards, shall: (a) Review generally accepted codes and standards that achieve greater energy efficiency than the energy efficiency required by the state building code; and (b) Review technical components of generally accepted construction documents as the director considers necessary to address federal, state and local financial incentives and advances in construction methods, standards and technologies. (3) When amending the state building code under ORS 455.030, the director shall consider whether any of the standards and methods contained in the Reach Code should be removed from the Reach Code and adopted in the state building code. (4) The inclusion of a standard or method for construction or for the installation of products, equipment or devices in the Reach Code: (a) Does not alter any licensing or certification requirements under ORS 446.003 to 446.200, 446.225 to 446.285, 447.010 to 447.156, 460.005 to 460.175, 479.510 to 479.945 or 480.510 to 480.670 or this chapter or ORS chapter 693 or Department of Consumer and Business Services rules; (b) Exempts products, equipment and devices from product certification requirements under ORS 447.010 to 447.156 and 479.510 to 479.945 and the state building code; and (c) Requires that a municipality administering and enforcing a building inspection program under ORS 455.148 or 455.150 must recognize and accept the standard, method, installation, product, equipment or device if a person applies to construct, reconstruct, alter or repair a building in conformance with the Reach Code. [2009 c.750 5] Note:
ORS Chapter 455 — Building Code

ORS 455.505. Uniform energy conservation standards; rules. The Director of the Department of Consumer and Business Services, subject to the approval of the appropriate advisory boards, shall adopt rules establishing uniform energy conservation standards for inclusion under the state building code. The director shall design the energy conservation standards to increase energy efficiency in buildings that are newly constructed, reconstructed, altered or repaired. The director shall periodically review the energy conservation standards of the state building code and propose updates to the standards as the director considers necessary to reflect changing technology in energy efficiency and to encourage continual improvements in building energy efficiency in accordance with ORS 455.511. In reviewing the energy conservation standards, the director shall consider the target standards described in the Architecture 2030 organizations 2030 Challenge and may consider other available nationally recognized energy conservation standards. [2009 c.750 6] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.510. [Formerly 456.730; repealed by 1993 c.744 41]
ORS Chapter 455 — Building Code

ORS 455.511. State Building Code energy efficiency goals and standards. (1) As used in this section, energy efficiency means the use of construction and design standards, construction methods, products, equipment and devices to increase efficient use of, and reduce consumption of, electricity, natural gas and fossil fuels in buildings undergoing new construction, reconstruction, alteration or repair. (2) The Director of the Department of Consumer and Business Services, after consultation with the State Department of Energy and subject to the approval of the appropriate advisory boards, shall adopt amendments to the state building code under ORS 455.030 to increase energy efficiency in buildings that are newly constructed, reconstructed, altered or repaired. In adopting the amendments, the director shall consider generally accepted model codes, products and product standards, the Reach Code adopted under ORS 455.500 and other available data to evaluate codes and standards that promote energy efficiency in buildings. (3) The director, in consultation with the appropriate advisory boards, shall develop a schedule for the periodic review of energy efficiency standards and shall establish goals for increasing the level of energy conservation achieved by the use of energy efficiency standards contained in the state building code and the Reach Code. In establishing goals and the schedule for periodic review of standards under this section, the director shall consider the publication schedule of generally accepted construction codes and standards. If the director determines that the adopted review schedule or energy efficiency goals are not practicable for economic or technical reasons, the director may amend the schedule or goals as the director considers appropriate. [2009 c.750 7] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.520. [Formerly 456.735; repealed by 1993 c.744 41]
ORS Chapter 455 — Building Code

ORS 455.525. Rules for energy conservation and passive solar energy in structures; inclusion in building code; application of testing requirements to fenestration products; review of regulations. (1) In the manner provided in ORS chapter 183 for the adoption of rules and after consideration of available technology and costs, the Building Codes Structures Board and the Residential and Manufactured Structures Board, or the Construction Industry Energy Board, may make recommendations to the Director of the Department of Consumer and Business Services for the establishment of basic and uniform performance standards to provide maximum energy conservation and use of passive solar energy in the design, construction, reconstruction, alteration and repair of buildings and other structures. Such standards shall be submitted to the Director of the Department of Consumer and Business Services for proposed inclusion in the state building code by the Building Codes Structures Board or the Residential and Manufactured Structures Board as provided by ORS 455.030 (4) or by the Construction Industry Energy Board as provided under ORS 455.496. (2) Any testing requirements adopted under subsection (1) of this section do not apply to fenestration products that are for use within residential structures if the fenestration products are: (a) Used in the creation of sunrooms and solariums and constructed with a minimum of a one-half inch space between the panes; or (b) Fenestration products used as skylights that constitute no more than 10 percent of the total glazing used in any dwelling unit. (3) The Residential and Manufactured Structures Board or the Construction Industry Energy Board shall develop, for adoption by the director, default thermal performance values for residential fenestration products that are produced in low volume. Any testing requirements adopted under subsection (1) of this section or ORS 455.020, 455.030 or 455.496 do not apply to residential fenestration products that are produced in low volume. (4) Fenestration products manufactured for use as skylights that are subject to the provisions of subsection (1) of this section and have frames that are wood, thermal break aluminum or aluminum with vinyl shall be deemed to meet any performance standards included in the state building code when the following glazing configurations are used: (a) A minimum one-half inch space between the panes and low-e (emissivity) glass; or (b) Triple-layered acrylic. (5) Regulations relating to the use and conservation of energy adopted pursuant to ORS 455.020 (2) shall be reviewed by the Building Codes Structures Board and the Residential and Manufactured Structures Board or by the Construction Industry Energy Board.
ORS Chapter 455 — Building Code

ORS 455.530. Authority to receive money and to contract. The Building Codes Structures Board and the Residential and Manufactured Structures Board, or the Construction Industry Energy Board, may: (1) Apply for and receive moneys from any person, from the federal government, from this state or from any state agency or department. (2) Contract with any public agency for the performance of services or the exchange of employees or services by one to the other necessary in carrying out the purposes of ORS 455.525 and this section.
ORS Chapter 455 — Building Code

ORS 455.560. Definitions for ORS 455.560 to 455.580. As used in ORS 455.560 to 455.580, unless the context requires otherwise: (1) Department means the Department of Consumer and Business Services. (2) Director means the Director of the Department of Consumer and Business Services. (3) Person means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, peoples utility district, or any other entity, public or private, however organized. (4) Public buildings means any building, including outdoor area adjacent thereto, which is open to the public during normal business hours, except exempted buildings. Each of the following is a public building within the meaning of ORS