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

ORS 455.732. Certification of inspectors to perform duties in building code administrative regions; training program recognition. (1) As used in this section, building code administrative region means a region established by the Director of the Department of Consumer and Business Services under ORS 455.042 for the uniform administration of the state building code. (2) The authority of the director under ORS 455.720 and 455.723 to specify terms, conditions and classifications for the certification of inspectors includes the authority to certify an inspector to perform inspections under multiple specialty codes or parts of a specialty code. (3) The director may provide for an inspector who is likely to be employed or otherwise authorized within a specific building code administrative region to be certified to perform inspections throughout a building code administrative region, whether within or outside of a municipality. The director may recognize any training program certified by the director under ORS 455.723 or 455.725 for purposes of certifying an inspector to perform inspections throughout a building code administrative region. This subsection does not require a municipality administering and enforcing a building inspection program under ORS 455.148 or 455.150 to allow an inspector certified under this subsection who is not employed or otherwise authorized by the municipality to perform building inspections on behalf of the municipality. (4) In determining the appropriate experience, training or other qualifications for an inspector under ORS 455.720 or 455.723, the director shall consult with the appropriate advisory boards. The factors to be considered by the director may include, but need not be limited to: (a) Any factors specific to, or of particular relevance to, a specialty code or to the types of buildings, structures, systems or equipment in a geographic area that are inspected under the specialty code; (b) Staffing levels or other specific criteria for building inspection programs established by a municipality within which the inspector is likely to be employed or otherwise authorized to perform inspections, or for building inspection programs established by the director; and (c) Any factors specific to, or of particular relevance to, the building code administrative region within which the inspector is likely to be employed or otherwise authorized to perform inspections. (5) In determining the scope of certifications and qualifications for an inspector, the director may utilize field training equivalency, independent evaluations or other methods the director deems appropriate.
ORS Chapter 455 — Building Code

ORS 455.735. Issuance and renewal of certificates; fees; rules. (1) The Director of the Department of Consumer and Business Services may issue certificates for building officials and building inspectors under ORS 455.715 to 455.740. (2) Any person desiring issuance of an initial certificate as a building official or inspector shall make application to the director upon such forms as the director may prescribe for such purpose and pay an application fee. (3) If the director requires, by rule, an applicant for a particular certification to pass an examination prepared by a national organization, the applicant shall pay in addition to the fee required in subsection (2) of this section, the cost of the examination. If the director requires an applicant for certification to pass an examination administered by the Department of Consumer and Business Services, the department may charge the applicant an examination administration fee. (4) Upon determining that the applicant is qualified under ORS 455.715 to 455.740, the director shall issue a certificate or cause a certificate to be issued to the applicant. (5) A certificate issued under this section shall be valid for a term established by the department by rule. An applicant for renewal of a certificate shall submit an application on a form approved by the director and pay a renewal application fee. (6) The department may adopt rules establishing certificate renewal requirements and establishing reasonable fees under this section. (7) The department may charge fees for participation in training programs approved or established by the department under ORS 455.220 or 455.715 to 455.740.
ORS Chapter 455 — Building Code

ORS 455.737. Experience and training outside Oregon; examination; rulemaking. (1) Notwithstanding ORS 455.720 (1), the Director of the Department of Consumer and Business Services, by rule, shall adopt criteria for review of the experience and training in building inspection and building plan review acquired by a person outside the State of Oregon. The criteria shall be adopted in a manner that facilitates review of a persons qualifications by a local building official. (2)(a) A local building official who wishes to employ a person who is not certified under ORS 455.735 as an inspector shall submit the persons qualifications to the director. The director shall review the stated qualifications against the criteria adopted under subsection (1) of this section, including verification of experience and training. The director shall respond to the local building official in writing within 10 working days of receiving the applicants qualifications, stating whether the person meets the applicable criteria. (b) Upon application and payment of the required fee, the director shall allow a person whose qualifications meet the criteria adopted under subsection (1) of this section to sit for any examination necessary for the required certification. [1997 c.677 2; 2005 c.758 21d] Note: Section 4, chapter 677, Oregon Laws 1997, provides: Sec. 4. The provisions of ORS 455.035 are waived with respect to any rules adopted under section 2 of this Act [455.737] or ORS 479.810 as amended by section 3 of this Act.
ORS Chapter 455 — Building Code

ORS 455.740. (c) A person licensed under ORS 479.630, 693.060 or 693.103 perform electrical or plumbing installations in the structure. (2) If a structure described in subsection (1) of this section is delivered in or relocated to this state, the structure shall cease to qualify for the exemption described in subsection (1) of this section. A person renting, leasing, selling, exchanging or installing the structure, or offering the structure for rent, lease, sale, exchange or installation, shall: (a) Ensure that the structure is in conformance with the state building code; (b) Ensure compliance with plan review and inspection requirements for the structure as determined by the building official; and (c) Ensure that the structure is in compliance with applicable licensing laws. (3) Subsection (1) of this section does not apply to a manufactured dwelling that is subject to ORS 446.155 to 446.200, or upon which additions, conversions or alterations of installations of equipment or material are made. [2005 c.310 2; 2005 c.758 42b; 2019 c.422 20] Note:
ORS Chapter 455 — Building Code

ORS 455.770. Investigation of municipality, building official or inspector; corrective action; revocation of authority. (1) In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693, with respect to municipalities, building officials and inspectors, if the director has reason to believe that there is a failure to enforce or a violation of any provision of the state building code or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693 or any rule adopted under those statutes, the director may: (a) Examine building code activities of the municipality; (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 in subsection (1) of this section covers the violation or omission by a municipality related to enforcement of codes or administrative rules, certification of inspectors or financial transactions dealing with permit fees and surcharges under any of the following circumstances when: (a) The duties are clearly established by law, rule or agreement; (b) The duty involves procedures for which the means and methods are clearly established by law, rule or agreement; or (c) The duty is described by clear performance standards. (3) Prior to starting an investigation under subsection (1) of this section, the director shall notify the municipality in writing setting forth the allegation and the rules or statutes pertaining to the allegation and give the municipality 30 days to respond to the allegation. If the municipality does not satisfy the directors concerns, the director may then commence an investigation. (4) If the Department of Consumer and Business Services or the director directs corrective action, the following shall be done: (a) The corrective action shall be in writing and served on the building official and the chief executive officers of all municipalities affected; (b) The corrective action shall identify the facts and law relied upon for the required action; and (c) A reasonable time shall be provided to the municipality for compliance. (5) The director may revoke any authority of the municipality to administer any part of the state building code or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693 or any rule adopted under those statutes if the director determines after a hearing conducted under ORS 183.413 to 183.497 that: (a) All of the requirements of this section and ORS 455.775 and 455.895 were met; and (b) The municipality did not comply with the corrective action required.
ORS Chapter 455 — Building Code

ORS 455.775. Enforcement authority of director; investigations; corrective actions; prevention or termination of violation. In addition to any other authority and power granted under this chapter and ORS chapters 446, 447, 460, 479, 480 and 693: (1) The Director of the Department of Consumer and Business Services may, at the discretion of the director, enforce the provisions of the state building code and ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950, 479.995 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 against any person regardless of whether a permit, certificate, license or other indicia of authority has been issued. The director may: (a) Make an investigation; (b) Take sworn testimony; (c) With the authorization of the Office of the Attorney General, subpoena persons and records; (d) Order corrective action; and (e) If an immediate hazard to health and safety is imminent, issue an order to stop all or any part of the work under the applicable specialty code. (2) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of the state building code, or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693 or any rule adopted under those statutes, the director may issue an order, subject to ORS 183.413 to 183.497, directed to the person to cease and desist from the violation or threatened violation. (3) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of the state building code or 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 chapters 447, 460 and 693 or any rule adopted under those statutes, the director may, without bond, bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with the state building code and ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted under those statutes. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. (4) This section does not grant any authority over a municipality or an inspector employed by a municipality. [1991 c.792 3,5; 1999 c.597 1; 2001 c.411 20; 2003 c.14 285; 2013 c.324 10] MASTER BUILDER PROGRAMS
ORS Chapter 455 — Building Code

ORS 455.800. Definitions for ORS 455.800 to 455.820. As used in ORS 455.800 to 455.820: (1) Building official means a person who is a building official as defined in ORS
ORS Chapter 455 — Building Code

ORS 455.805. Criteria for granting of master builder status. An individual may apply to the Department of Consumer and Business Services to be tested and certified as a master builder. The department shall establish uniform criteria for use in determining whether to grant an application. The criteria must, at a minimum, provide that: (1) The individual must be an owner or regular employee of a qualified construction company and be authorized by the company to provide assurance to the department that all state and local code requirements are met. (2) In each of the five preceding calendar years, the individual must either have performed or supervised a dwelling construction or whole dwelling remodel. In at least two of the years, the construction or remodel must have occurred in a geographic area that had a master builder program. (3) The individual must have completed a program sponsored by a local building trade committee or other program approved by the department, providing training relating to the construction of one and two family dwellings under the Low-Rise Residential Dwelling Code. A program must include but need not be limited to instruction in: (a) Administration; (b) Chimneys and fireplaces; (c) Decay and termite protections; (d) Energy conservation; (e) Footings and foundations; (f) Roof-ceiling construction; (g) Roof coverings; (h) Site inspections; (i) Wall construction, assemblies and coverings; and (j) Wood and metal framing. (4) The individual must have scored at least 75 percent on a written examination, approved and administered by the department, covering the appropriate aspects of the Low-Rise Residential Dwelling Code. (5)(a) The individual must not be the subject of an adverse final order issued by the Construction Contractors Board or Department of Consumer and Business Services based upon acts committed within 36 months preceding the application date that: (A) Violated a specialty code, licensing or permit requirement; or (B) Resulted in a claim being filed with the board or department against the individual. (b) For purposes of this subsection, if the individual is an owner of a qualified construction company, an adverse final order issued against the company is an adverse final order issued against that individual. [2001 c.406 2; 2003 c.675 39] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.810. Certificates; fees; discipline; rules. (1) An individual seeking certification as a master builder must apply to the Department of Consumer and Business Services on the form prescribed by the department. Upon determining that the applicant meets the criteria for certification set forth in ORS 455.805, the department shall issue the certificate. (2) Certification as a master builder is valid for three years unless suspended or revoked. An individual may renew a certificate that is in good standing by: (a) Providing evidence of continuing education as required by department rule; and (b) Paying a renewal fee established by the department by rule. (3) The department may deny, refuse to renew, suspend or revoke certification as a master builder if the individual fails or ceases to meet the criteria for certification set forth in ORS 455.805 or engages in actions resulting in a waiver revocation under ORS 455.820 (3). The department must afford an individual an opportunity for a hearing pursuant to ORS chapter 183 upon a denial or refusal to renew or prior to a suspension or revocation of certification. (4) The department may adopt all rules necessary and proper for administering ORS
ORS Chapter 455 — Building Code

ORS 455.815. Establishment of master builder programs; waiver of inspections; builder verification of performance. (1) Local government establishment of a master builder program is voluntary. A local government electing to establish or terminate a program shall notify the Department of Consumer and Business Services. If terminating a program, the local government must give the notice six months before the program terminates. (2) The Department of Consumer and Business Services may implement a master builder program in one or more geographic areas for which the department provides plan review or inspection services. A department decision to include an area as a participant in the program affects only those areas, and those reviews or inspections, for which the department provides services instead of a local government. The department shall notify a county prior to implementing a master builder program in areas of the county that are served by the department. (3) A local government may not allow an individual to perform the duties of a master builder unless the local government has a master builder program. The department may allow an individual to perform the duties of a master builder in any geographic area administered by the department. (4) A building official of a government having a master builder program may waive plan review elements by that government and may waive government performance of one or more of the required inspections identified by department rule, including but not limited to inspections described in subsection (6) of this section, if: (a) An individual certified as a master builder submits construction plans for a one or two family dwelling regulated by the Low-Rise Residential Dwelling Code; and (b) The building official determines that: (A) The work is not of a highly technical nature; and (B) There is no unreasonable potential risk to safety of the structure. (5) A building official may not waive government performance of plan review or required inspections for: (a) Special design applications that are complex and highly technical engineered systems; or (b) Unique building sites, including but not limited to sites containing geologic hazards such as landslide hazard areas, floodplains and wetlands. (6) Subject to subsections (3) to (5) of this section, a building official may allow a master builder to verify that the master builder has properly performed an installation on a project and, to the extent that inspection would duplicate the verification conducted by the master builder, may waive government performance of the following required inspections: (a) Drywall; (b) Footings and setbacks; (c) Foundation walls, Ufer grounding rods and rebar; (d) Insulation; (e) Masonry fireplace pre-cover; (f) Masonry rebar; (g) Gutters, downspouts and foundation drains; (h) Roof sheathing nailing; (i) Suspended ceilings; (j) Underfloor structural; and (k) Wall sheathing nailing. [2001 c.406 4; 2003 c.675 40] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.820. Plan review and verification; documentation; duties of building official; effect of waiver revocation. (1) A master builder must perform all plan review and required verifications for which government review or inspection has been waived by a building official. The master builder shall maintain copies of all documents and reports required by the government granting the waiver and provide those copies to the building official. (2) When waiving government performance of plan review or required inspections, a building official shall require the master builder to sign a form that specifically identifies each waiver and states that the master builder accepts the duty of performing the review and verifications. A master builder who accepts the duty of performing a review or verification remains responsible for that duty unless released by written and signed permission of the building official. A building official may release a master builder from a review or verification duty by a written and signed assumption of the review or inspection duty by the building official or written and signed assumption of the review and verification duty by another master builder. (3) A building official for a government that has a master builder program: (a) Must conduct inspections of at least 10 percent of projects that are built under a master builder program; (b) May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, review or verification duties; and (c) Must notify the Department of Consumer and Business Services when the official revokes a waiver pursuant to paragraph (b) of this subsection. (4) When revoking a waiver, a building official shall provide the master builder with a release under subsection (2) of this section from future performance of review or verification duties. A release does not relieve a master builder from liability for the failure to perform, or document performance of, review or verification duties prior to the revocation of the waiver. (5) A government having a master builder program has no legal duty with regard to plan review or required inspections properly waived under ORS 455.815 and accepted by a master builder in a signed form described under subsection (2) of this section. This subsection does not release a government from a duty arising due to a waiver revocation under subsection (3) of this section or an assumption under subsection (2) of this section. (6) A local government may refuse to grant recognition to a certified master builder if a waiver granted to the master builder under that governments master builder program has been revoked pursuant to subsection (3)(b) of this section. If a waiver is revoked pursuant to subsection (3)(b) of this section, a local government or building official may send a recommendation to the department for action against the master builder who was granted the waiver. The local government or building official may also send the department any information supporting the recommendation. [2001 c.406 5] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.840. [Formerly 705.700; repealed by 2003 c.675 49]
ORS Chapter 455 — Building Code

ORS 455.848. [Formerly 705.720; repealed by 2003 c.675 49] PENALTIES
ORS Chapter 455 — Building Code

ORS 455.897. Criminal penalties. Violation of ORS 455.455 or 455.459 is a Class A misdemeanor.
ORS Chapter 455 — Building Code

ORS 455.990. [Formerly 456.885 (2); repealed by 1995 c.553 16; 1995 c.675 6] _______________
ORS Chapter 458 — Housing and Community

ORS 458.065. [1989 c.1051 24; 1991 c.459 415; 1995 c.377 3; 1997 c.541 440; 2005 c.470 14; renumbered 307.677 in 2005] COMMUNITY-BASED HOUSING DEVELOPMENT
ORS Chapter 458 — Housing and Community

ORS 458.210. Community development corporations; description. For the purposes of ORS 456.550 and 458.210 to 458.240, a community development corporation is: (1) An organization that: (a) Is established under the provisions of ORS chapter 65; (b) Has qualified for tax exempt status under section 501(c)(3) of the Internal Revenue Code; (c) Has a purpose, stated in the articles of incorporation, to serve low and moderate income peoples need for community development and community self-help; (d) Has a board of directors, of not fewer than five members, that is locally controlled by including 51 percent of the board members from the service area; and (e) Has a defined geographic service area; or (2) A housing entity or housing authority designated by a tribe, as defined in ORS 182.162, to receive funds and administer housing programs.