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

ORS 455.100. Duties of director. The Director of the Department of Consumer and Business Services shall have general supervision over the administration of the state building code regulations, including providing statewide interpretations for the plumbing, elevator, electrical, manufactured structures, boiler, amusement ride, structural, mechanical, low-rise residential dwelling and prefabricated structures codes.
ORS Chapter 455 — Building Code

ORS 455.110. Other duties of director; rules. Except as otherwise provided by ORS 479.015 to 479.200, 479.210 to 479.220, 479.510 to 479.945, 479.990 and 479.995 and ORS chapters 446, 447, 460, 476 and 480: (1) The Director of the Department of Consumer and Business Services shall coordinate, interpret and generally supervise the adoption, administration and enforcement of the state building code. (2) The director, with the approval of the appropriate advisory boards, shall adopt codes and standards, including regulations as authorized by ORS 455.020 governing the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein. The regulations may include rules for the administration and enforcement of a certification system for persons performing work under the codes and standards adopted under this subsection. However, this subsection does not authorize the establishment of a separate certification for performing work on low-rise residential dwellings. (3) The director, with the approval of the appropriate advisory boards, may amend such codes from time to time. The codes of regulations and any amendment thereof shall conform insofar as practicable to model building codes generally accepted and in use throughout the United States. If there is no nationally recognized model code, consideration shall be given to the existing specialty codes presently in use in this state. Such model codes with modifications considered necessary and specialty codes may be adopted by reference. The codes so promulgated and any amendments thereof shall be based on the application of scientific principles, approved tests and professional judgment and, to the extent that it is practical to do so, the codes shall be promulgated in terms of desired results instead of the means of achieving such results, avoiding wherever possible the incorporation of specifications of particular methods or materials. To that end the codes shall encourage the use of new methods, new materials and maximum energy conservation. (4) The director shall adopt rules requiring a journeyman plumber licensed under ORS chapter 693 or an apprentice plumber, as defined in ORS 693.010, who tests backflow assemblies to complete a state-approved training program for the testing of those assemblies.
ORS Chapter 455 — Building Code

ORS 455.112. Elimination of unclear, duplicative, conflicting or inadequate provisions; rules. Notwithstanding any other provision of this chapter, the Director of the Department of Consumer and Business Services may initiate the adoption of rules the director considers necessary to interpret, harmonize, streamline, adjust, promote consistency within, reduce confusion regarding, administer or enforce the state building code or any requirement for a license, registration, certification, endorsement or other authorization to perform work related to the administration and enforcement of the state building code when any provision of the state building code or a requirement for authorization to perform work is unclear, duplicative or in conflict with another or when the code or a requirement for authorization to perform work does not adequately address a project of a unique type or scope. The director must obtain the approval of the appropriate advisory boards prior to adopting a rule under this section. [2003 c.367 2; 2013 c.110 3] Note:
ORS Chapter 455 — Building Code

ORS 455.117. Adoption of rules governing licensing, certification or registration. (1) Except as provided in subsection (3) of this section, a regulatory body listed in subsection (2) of this section may adopt rules to administer the licensing, certification or registration of persons regulated by the body. The rules adopted under this section may include, but need not be limited to: (a) The form and content of an application for issuance or renewal of a license, certificate or registration; (b) Training and continuing education requirements to maintain a license, certificate or registration; (c) The form and content of and the process for preparing and administering examinations and examination reviews; (d) The term of a license, certificate or registration; and (e) The creation of a system for combining two or more licenses, certificates or registrations issued to an individual by an advisory board or the Department of Consumer and Business Services into a single license, certificate, registration or other authorization. (2) Subsection (1) of this section applies to the following: (a) Subject to ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420, with the approval of the Residential and Manufactured Structures Board, the Department of Consumer and Business Services for purposes of licenses, certificates and registrations issued under ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420. (b) Subject to ORS 447.010 to 447.156 and ORS chapter 693, the State Plumbing Board for purposes of licenses issued under ORS 447.010 to 447.156 and ORS chapter 693. (c) Subject to ORS 460.005 to 460.175, after consultation with the Electrical and Elevator Board, the department for purposes of licenses issued under ORS 460.005 to 460.175. (d) Subject to ORS 479.510 to 479.945, the Electrical and Elevator Board for purposes of licenses issued under ORS 479.510 to 479.945. (e) Subject to ORS 480.510 to 480.670, the Board of Boiler Rules for purposes of licenses issued under ORS 480.510 to 480.670. (3) This section does not authorize the adoption of rules regulating: (a) Building officials, inspectors, plan reviewers or municipalities; (b) Persons engaged in the manufacture, conversion or repair of prefabricated structures or prefabricated components; or (c) Master builders certified under ORS 455.800 to 455.820. [2005 c.758 2; 2009 c.567 33; 2017 c.364 3; 2019 c.422 17; 2019 c.585 13] Note:
ORS Chapter 455 — Building Code

ORS 455.122. Combinations of licenses; rules. (1) The Director of the Department of Consumer and Business Services, with the approval of the appropriate advisory boards, shall establish a system that allows a contractor or business possessing two or more licenses described in subsection (2) of this section to have an approved combination of those licenses issued or renewed simultaneously. (2) Notwithstanding any issuance or renewal dates established by rule under ORS
ORS Chapter 455 — Building Code

ORS 455.125. Denial, suspension, conditioning or revocation of license, certificate, registration or other authorization. (1) As used in this section, person includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company. (2) In addition to any other sanction, remedy or penalty provided by law, the Director of the Department of Consumer and Business Services or an appropriate advisory board may deny, suspend, condition or revoke a registration, certification, license or other authority of a person to perform work or conduct business issued under laws administered by the Department of Consumer and Business Services or advisory board if the person: (a) Fails to comply with a provision 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 with any rule adopted under those statutes or under ORS 455.117; or (b) Engages in an act for which the Construction Contractors Board imposes a sanction on the holder under ORS 701.098. (3) For purposes of ORS 701.106, a compliance failure described in subsection (2)(a) of this section for which the director or an advisory board denies, suspends, conditions or revokes a registration, certification, license or other authority of a person to perform work or conduct business may be treated as a failure to be in conformance with this chapter. [2003 c.361 2; 2005 c.758 19; 2007 c.306 1; 2013 c.324 7] Note:
ORS Chapter 455 — Building Code

ORS 455.127. Disqualification from obtaining license, registration, certificate or certification. (1) As used in this section, person includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company. (2) The Director of the Department of Consumer and Business Services, the Department of Consumer and Business Services or an appropriate advisory board may disqualify a person from obtaining or renewing a license, registration, certificate or certification if the person: (a) Is or has been subject to civil penalties, revocation, cancellation or suspension of a license, registration, certificate or certification or other sanction by the director, department or an advisory board; or (b) Is or has been directly involved in an act for which the director, department or an advisory board has levied civil penalties, revoked, canceled or suspended a license, registration, certificate or certification or imposed other sanction while the person served as a principal, director, officer, owner, majority shareholder, member or manager of a limited liability company or in another capacity with direct or indirect control over another business. (3) A disqualification under subsection (2) of this section shall be for a period determined by the director, department or appropriate advisory board by rule, not to exceed five years. If a person applies for reinstatement of a revoked license, registration, certificate or certification after the period of disqualification, the person must meet the qualifications for initial issuance of the license, registration, certificate or certification. [2005 c.416 2; 2005 c.758 56h] Note:
ORS Chapter 455 — Building Code

ORS 455.130. [Formerly 456.780; 1989 c.224 118; repealed by 1993 c.744 41] (Particular Boards)
ORS Chapter 455 — Building Code

ORS 455.132. Building Codes Structures Board; duties; membership. (1) There is established in the Department of Consumer and Business Services a Building Codes Structures Board consisting of nine members. (2) The Building Codes Structures Board shall assist the Director of the Department of Consumer and Business Services in administering the structural, prefabricated structures and energy programs described in this chapter and the accessibility to persons with physical disabilities program described in ORS 447.210 to 447.280. (3) The board shall consist of members broadly representative of the industries and professions involved in the development and construction of buildings and energy conservation, including: (a) An architect or engineer; (b) A general contractor, as defined in ORS 701.005, specializing in the construction of buildings more than three stories above grade; (c) A contractor specializing in construction for heavy industry; (d) A representative of the building trade; (e) A representative of a utility or energy supplier; (f) A representative of a fire protection agency; (g) A building official; (h) An owner or manager of a commercial office building; and (i) A representative selected from individuals recommended by the Oregon Disabilities Commission. [1993 c.744 80; 1995 c.249 1; 2003 c.675 17,18,19] Note:
ORS Chapter 455 — Building Code

ORS 455.135. (F) The Mechanical Board established under ORS 455.140; or (G) The Construction Industry Energy Board established under ORS 455.492. (b) Appropriate advisory board means the advisory board that has jurisdiction over a particular code, standard, license, certification or matter. (2) Department means the Department of Consumer and Business Services. (3) Director means the Director of the Department of Consumer and Business Services. (4) Low-Rise Residential Dwelling Code means the adopted specialty code that, subject to section 2, chapter 401, Oregon Laws 2019, prescribes standards for the construction of residential dwellings that are three stories or less above grade and have an exterior door for each dwelling unit, but are not facilities or homes described in ORS 443.400 or transient lodging. (5) Municipality means a city, county or other unit of local government otherwise authorized by law to administer a building code. (6) Prefabricated structure: (a) Means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site. (b) Does not mean a manufactured dwelling or a small home as defined in section 2, chapter 401, Oregon Laws 2019. (7) Small Home Specialty Code means the specialty code adopted under section 2, chapter 401, Oregon Laws 2019. (8) Specialty code: (a) Means a code of regulations adopted under ORS 446.062, 446.185, 447.020 (2),
ORS Chapter 455 — Building Code

ORS 455.138. Electrical and Elevator Board; duties; membership. (1) There is established in the Department of Consumer and Business Services an Electrical and Elevator Board consisting of 15 members. (2) The Electrical and Elevator Board shall assist the Director of the Department of Consumer and Business Services in administering the electrical program described in ORS 479.510 to 479.945 and 479.995 and the elevator program described in ORS 460.005 to 460.175. (3) The board shall be composed of: (a) A fire and casualty underwriter; (b) A representative of industrial plants regularly employing licensed electricians; (c) A person representing the power and light industry; (d) An electrical equipment supplier who otherwise qualifies by experience in the industry; (e) An elevator manufacturing representative; (f) One member from the electrical equipment manufacturing industry who otherwise qualifies by experience and training in electricity; (g) Two journeyman electricians; (h) An electrical inspector; (i) Two electrical contractors; (j) A municipal building official; (k) A journeyman elevator installer; (L) An owner or manager of a commercial office building; and (m) A public member who does not receive compensation from any interest described in paragraphs (a) to (L) of this subsection. [1993 c.744 81; 1995 c.249 2] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.140. Mechanical Board; duties; membership. (1) There is established a Mechanical Board consisting of 10 members appointed by the Governor. (2) The members of the board shall assist the Director of the Department of Consumer and Business Services in administering the code adopted pursuant to ORS 455.020 for mechanical devices and equipment. (3) The board must consist of: (a) One representative of the plumbing industry; (b) One sheet metal and air conditioner contractor; (c) One municipal mechanical inspector possessing the highest level of mechanical inspector certification issued by the Department of Consumer and Business Services; (d) One heating, venting and air conditioning contractor; (e) One heating, venting and air conditioning installer; (f) One sheet metal and air conditioner installer; (g) One representative of a natural gas company or other utility; (h) One building official; (i) One insulation craftsperson who has experience with heat and frost insulation; and (j) One public member who does not receive compensation from any interest represented under paragraphs (a) to (i) of this subsection. (4) At least one of the board members described in subsection (3)(b) or (d) of this section must be an owner or operator of a contracting business employing 10 or fewer persons at the time of the members appointment to the term. [2003 c.675 4; 2013 c.255 5] Note:
ORS Chapter 455 — Building Code

ORS 455.144. Terms; compensation; positions; quorum; rules; removal of members; confirmation. (1) The Building Codes Structures Board, the Electrical and Elevator Board, the Residential and Manufactured Structures Board and the Mechanical Board shall each be organized and governed as described in this section. (2)(a) The term of office of each member is four years and a member is not eligible for appointment to more than two full terms of office. The Governor shall appoint the members of each board and the board members shall serve at the pleasure of the Governor. (b) Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. (3) A member of each board is entitled to compensation and expenses as provided in ORS 292.495. (4) A 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 such position as the board determines. (5) A majority of the members of a board constitutes a quorum for the transaction of business. (6) In accordance with applicable provisions of ORS chapter 183, the director may adopt rules necessary for the administration of the laws that the Department of Consumer and Business Services is charged with administering. (7) The Governor may remove a board member for good cause. Good cause for removal of a member includes, but is not limited to, three unexcused absences during any 12-month period from a regularly scheduled board meeting. (8) The appointment of a member of a board is subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution. [1993 c.744 83; 2003 c.675 20,21; 2009 c.567 15; 2011 c.272 21] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.146. Frequency of board meetings. (1) The Electrical and Elevator Board established in ORS 455.138, the Board of Boiler Rules established in ORS 480.535 and the State Plumbing Board established in ORS 693.115 shall each meet at least four times per year at times and places specified by the Director of the Department of Consumer and Business Services after consultation with the board, or at times and places specified by the call of a majority of the members of the board after consultation with the director. (2) The Building Codes Structures Board established in ORS 455.132, the Residential and Manufactured Structures Board established in ORS 455.135, the Mechanical Board established in ORS 455.140 and the Construction Industry Energy Board established in ORS 455.492 shall each meet at least twice per year at times and places specified by the Director of the Department of Consumer and Business Services after consultation with the board, or at times and places specified by the call of a majority of the members of the board after consultation with the director. [Formerly 705.250] Note:
ORS Chapter 455 — Building Code

ORS 455.152. Objections to municipal assumption of building inspection program. (1) A municipality, 10 or more persons or an association with 10 or more members may file objections to a municipalitys assumption of a building inspection program. The objections must be filed within 30 days after the Director of the Department of Consumer and Business Services gives notice of the application. (2) The director, by rule, shall establish a process for reviewing objections filed under subsection (1) of this section. The review process shall include but need not be limited to: (a) Identification of economic impairment, if any, affecting the municipality; (b) Demonstration by the municipality that all building inspection program permits and services will be available, including any service agreements for carrying out building program services; (c) Review of all elements of the assumption plan submitted by the municipality; (d) Demonstration by the municipality of the ability to provide building inspection program services for at least two years; and (e) Review of proposed levels of service, including the municipalitys ability to maintain or improve upon existing service levels. (3) Upon completion of a review under subsection (2) of this section, the director shall issue a final agency order approving or disapproving the application. [2001 c.573 2] Note:
ORS Chapter 455 — Building Code

ORS 455.153. Municipal authority to administer specialty code or building requirements; effect on jurisdiction of agencies. (1) A municipality may administer any specialty code or building requirements as though the code or requirements were ordinances of the municipality if the municipality is authorized to administer: (a) The specialty code under ORS chapter 447 or 455 or ORS 479.510 to 479.945 and 479.995. (b) Mobile or manufactured dwelling parks requirements adopted under ORS 446.062. (c) Temporary parks requirements adopted under ORS 446.105. (d) Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230. (e) Park or camp requirements adopted under ORS 455.680. (2) Administration of any specialty code or building requirement includes establishing a program intended to verify compliance with state licensing requirements and all other administrative and judicial aspects of enforcement of the code or requirement. Nothing in this section affects the concurrent jurisdiction of the Director of the Department of Consumer and Business Services, the Building Codes Structures Board, the State Plumbing Board, the Electrical and Elevator Board, the Residential and Manufactured Structures Board or the Mechanical Board to impose civil penalties for violations committed within municipalities. [1995 c.190 2; 2001 c.411 17; 2003 c.675 22,23; 2009 c.567 16] Note:
ORS Chapter 455 — Building Code

ORS 455.154. 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 455.155. Statewide permit and inspection system for minor construction work. Notwithstanding ORS 447.076, 455.627, 479.560 and 479.565, the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, may establish a statewide permitting and inspection system for minor construction work. Every municipality that administers and enforces a building program under ORS 455.148 or 455.150 must recognize and accept permits issued by the department under this section. [2003 c.368 1] Note: