reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.320 - Owner-built dwellings exempt from certain structural code provisions; recording of exemption.

(1) As used in this section, unless the context requires otherwise:
(a) "Owner" means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll which person has not taken advantage of the exemptions under subsection (2) of this section during the five years prior to applying for an exemption under this section.
(b) "Owner-built dwelling and outbuildings" means a single-family residence and adjacent auxiliary structures the structural components of which are constructed entirely by the owner who intends to occupy the structures or by that owner and friends and relatives of the owner assisting on an unpaid basis.
(2) Owner-built dwellings and outbuildings shall be exempt from any requirements of the structural code for ceiling heights, room sizes and the maintenance of specific temperature levels in those structures. The exemption shall apply to the new construction, renovation, remodeling or alteration of an owner-built dwelling or outbuilding.
(3) A building permit issued for an owner-built dwelling or outbuilding shall note whether the owner-built dwelling or outbuilding complies with the requirements it is exempted from under subsection (2) of this section. If the dwelling or other structure does not comply with these requirements, the owner-builder shall file a copy of the building permit with the county clerk, who shall make the permit a part of the permanent deed record of the property. The owner shall provide the county clerk with a description of the property sufficient if it were contained in a mortgage of the property to give constructive notice of the mortgage under the law of this state.
(4) Noncompliance with subsection (3) of this section shall not affect, in any manner, any conveyance of interest in property subject to this section. [Formerly 456.920]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.325 - Definitions for ORS 455.325 to 455.350.

As used in ORS 455.325 to 455.350, unless the context requires otherwise:
(1) "Owner" means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll.
(2) "Owner-built dwelling and outbuildings" means a single-family residence and adjacent auxiliary structures the components of which, that are exempted from the structural code under ORS 455.330, are constructed entirely by the owner who intends to occupy the structures or by that owner and friends and relatives of the owner assisting on an unpaid basis.
(3) "Rural area" means any land in a county which is located outside city limits and any recognized urban growth boundaries under that county’s comprehensive plan and which are described by the ordinance allowed under ORS 455.330. [Formerly 456.925]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.330 - Counties authorized to exempt owner-built dwellings in rural areas from structural code.

Notwithstanding ORS 455.040, a county may by ordinance:
(1) Exempt owner-built dwellings and outbuildings in any rural area within that county from compliance with the structural code, except as provided in ORS 455.340; and
(2) Establish maximum value or size limitations for structures exempted from the structural code under subsection (1) of this section. [Formerly 456.930]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.335 - Rural areas to be mapped; building permit issuance for exempt dwellings limited.

(1) A county exempting owner-built dwellings and outbuildings in rural areas from the structural code under ORS 455.330 shall designate those rural areas upon publicly available maps of readable scale showing individual property lines.
(2) A county ordinance under ORS 455.330 shall provide that no person shall receive a building permit in that county for an exempt owner-built dwelling and outbuildings more than once every five years. [Formerly 456.935]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.340 - Code requirements to which exemption may not apply.

No county shall exempt any building from requirements of the structural code relating to:
(1) Fire egress, fire retardant, smoke alarms and smoke detectors;
(2) Maximum bending stress allowed by the structural code for structural members; or
(3) Insulation and energy conservation. [Formerly 456.940; 1999 c.307 §22]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.345 - Permit, fee, plan check and inspection provisions apply; notice of noncompliance to owner-builder; recording of notice; notice to purchasers.

(1) Permit, fee, plan check and inspection requirements required by ORS 455.210 shall apply to owner-built dwellings and outbuildings exempted from the structural code under ORS 455.330.
(2) Building officials or specialty code inspectors licensed under ORS 455.457 inspecting structures exempted from the structural code under ORS 455.325 to 455.350, shall:
(a) Require the owner-builder to comply with those structural code requirements listed under ORS 455.340; and
(b) Inform the owner-builder in writing of those items which fail to comply with code standards and are exempt from code standards and make that information part of the permanent inspection record on the structures.
(3) An owner-builder of a structure exempted from the structural code under ORS 455.325 to 455.350 shall file a notice with the county clerk who shall make the notice a part of the permanent deed record of the property. That notice shall contain the information provided to the owner-builder under subsection (2)(b) of this section and a description of the property sufficient if it were contained in a mortgage of the property to give constructive notice of the mortgage under the law of this state.
(4) Any person, or that person’s agent, selling an owner-built dwelling or outbuilding exempted from the structural code under ORS 455.325 to 455.350 shall notify each potential buyer of the existence, location and contents of the notice filed under subsection (3) of this section prior to any commitment to purchase the property. [Formerly 456.945; 1999 c.1045 §16; 1999 c.1082 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.350 - Purchaser’s remedies.

(1) An individual who purchases an owner-built dwelling or outbuilding exempted from the structural code under ORS 455.325 to 455.350 from an owner who has not complied with ORS 455.345 (3) or (4) shall have a cause of action against the seller, within two years of the date of making the sale contract, for actual damages, if any.
(2) Noncompliance with ORS 455.345 (3) or (4) shall not affect, in any manner, any conveyance of interest in property exempted from the structural code under ORS 455.330. [Formerly 456.950]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.355 - Rules governing mercury thermostats.

(1) The Director of the Department of Consumer and Business Services shall, by rule:
(a) Prohibit the installation of thermostats that contain mercury in commercial and residential buildings. The director may not, under rules developed pursuant to this paragraph, prohibit the installation of thermostats that contain mercury on industrial equipment used for safety controls.
(b) Establish a uniform notification and process for disposal and delivery of mercury thermostats by persons installing heating, ventilation or air conditioning systems. Persons installing heating, ventilation or air conditioning systems shall dispose of mercury thermostats according to the process established pursuant to this paragraph.
(2) As used in this section, "thermostat" means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. [2001 c.924 §3]
Note:
455.355 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.360 - Carbon monoxide alarms.

(1) As used in this section, "carbon monoxide alarm" has the meaning given that term in ORS 105.836.
(2) A carbon monoxide alarm is required in a structure that:
(a) Is new construction or that undergoes reconstruction, alteration or repair for which a building permit is required; and
(b) Is identified under the structural specialty code as a residential Group R structure.
(3) A carbon monoxide alarm required by this section must be installed in accordance with the manufacturer’s instructions and any applicable requirements of the state building code. [2009 c.591 §8]
Note:
455.360 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.365 - Radon mitigation standards.

(1) The Building Codes Structures Board and the Residential and Manufactured Structures Board shall adopt design and construction standards for mitigating radon levels in new residential buildings that are identified under the structural specialty code as Group R-2 or R-3 buildings and new public buildings. In adopting the standards, the boards shall give consideration to any standards recommended by the United States Environmental Protection Agency for radon mitigation systems in buildings.
(2) The boards shall make the design and construction standards for mitigating radon levels applicable in:
(a) Baker, Clackamas, Hood River, Multnomah, Polk, Washington and Yamhill Counties; and
(b) Any county for which the boards, after consultation with the Oregon Health Authority, consider the standards appropriate due to local radon levels.
(3) The Director of the Department of Consumer and Business Services may authorize a municipality that administers and enforces one or more building inspection programs under ORS 455.148 or 455.150 to also administer and enforce any applicable standards for mitigating radon that are adopted by the boards.
(4) The director, in consultation with the boards, may adopt rules for the implementation, administration and enforcement of this section. [2010 c.83 §2]
Note:
455.365 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.380 - Department as final authority on agriculture workforce housing; rules; fees.

(1) Notwithstanding the provisions of ORS 455.148 and 455.150, the Department of Consumer and Business Services is the final authority in interpretation, execution and enforcement of state and municipal administration of building codes and rules with respect to construction of agriculture workforce housing as defined in ORS 315.163.
(2) The department shall provide for a statewide uniform application and method of calculating permit fees for agriculture workforce housing as defined in ORS 315.163.
(3) The department shall adopt rules to carry out the provisions of subsections (1) and (2) of this section. [1989 c.964 §§16,17; 2001 c.573 §11; 2001 c.613 §16; 2003 c.588 §17; 2013 c.750 §26]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.390 - Definitions for ORS 455.020, 455.390, 455.395 and 455.400.

As used in ORS 455.020, 455.390, 455.395 and 455.400:
(1) "Seismic rehabilitation" means construction of structural improvements to a building that result in the increased capability of the building to resist earthquake forces and that are based on standards adopted by the State of Oregon or by local governments.
(2) "Seismic rehabilitation agreement" means an agreement between a local government entity and a building owner pursuant to a seismic rehabilitation program for the phased completion of structural improvements to the owner’s building.
(3) "Seismic rehabilitation data" means data contained in any documents, reports, studies, test results, papers, files or other records that result from a seismic rehabilitation survey or are contained in a seismic rehabilitation agreement. "Seismic rehabilitation data" does not include data or reports required by ORS 455.447 or rules adopted pursuant thereto.
(4) "Seismic rehabilitation program" means any program enacted under an ordinance of a local government entity that provides for the seismic rehabilitation of buildings within the jurisdiction of the entity and authorizes the rehabilitation to be phased over a period of time not to exceed 10 years.
(5) "Seismic rehabilitation survey" means any investigation, survey, audit or other process for generating data from which the local government entity and the building owner may determine and agree upon the deficiencies that need to be addressed in a plan for the seismic rehabilitation of the owner’s building. [1995 c.400 §1]
Note:
455.390 to 455.400 were enacted into law by the Legislative Assembly but were 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.395 - Admissibility of data or agreements as evidence; immunity from certain causes of action.

(1) No seismic rehabilitation data or seismic rehabilitation agreement is admissible in evidence to prove negligence or culpable acts or omissions in connection with injury, death or loss that occurs in an owner’s building as a result of the failure of the building to adequately withstand a seismic event. Such data or agreements are considered privileged and are excluded from evidence admitted in any legal action for the recovery of damages arising from the building’s failure due to seismic activity.
(2) A person may not maintain a cause of action against a building owner for injury, death or loss that occurs in the owner’s building as a result of a failure of the building to adequately withstand a seismic event, provided the owner was in substantial compliance with the terms and conditions of a seismic rehabilitation agreement on the date of the seismic event.
(3) The provisions of subsection (2) of this section shall apply only for the period during which the seismic rehabilitation agreement is in effect. [1995 c.400 §2]
Note:
See note under 455.390.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.400 - Effect of seismic rehabilitation provisions on exclusive remedy.

Nothing in ORS 455.020, 455.390 and 455.395 and this section shall be construed as expanding or limiting the exclusive means by which subject workers and their beneficiaries are compensated for injury, death or disease arising out of and in the course of employment as provided in ORS chapter 656. [1995 c.400 §6]
Note:
See note under 455.390.
Note:
Section 3, chapter 797, Oregon Laws 2001, provides:
Sec. 3. Educational building seismic rehabilitation.
Subject to available funding, if a building evaluated under section 2 (4), chapter 797, Oregon Laws 2001, is found by a board to pose an undue risk to life safety during a seismic event, the governing board of a public university listed in ORS 352.002, local school district board, community college board or education service district board, as appropriate, shall develop a plan for seismic rehabilitation of the building or for other actions to reduce the risk. For a board that is subject to ORS 291.224, the board’s plan to rehabilitate or take other action to reduce the seismic risk of a building must be included in the capital construction program of the board. A board that is subject to ORS 291.224 shall rank the relative benefit of projects to reduce seismic risk in comparison with other life safety and code requirement projects. Subject to availability of funding, all seismic rehabilitations or other actions to reduce seismic risk must be completed before January 1, 2032. If the building is listed on a national or state register of historic places or properties or is designated as a landmark by local ordinance, the plan for seismic rehabilitation or other action shall be developed in a manner that gives consideration to preserving the character of the building. [2001 c.797 §3; 2013 c.768 §162; 2015 c.767 §177]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.405 - Recreational vehicle conversion to structure.

(1) A recreational vehicle that has a title issued by the Department of Transportation does not qualify as a structure. If a recreational vehicle is being converted to use as a structure, at the time of commencing the conversion the owner shall surrender the title and any registration issued for the recreational vehicle to the department for cancellation. A recreational vehicle that is converted to use as a structure is subject to the state building code.
(2) There is a rebuttable presumption that a recreational vehicle has been converted to use as a structure if the recreational vehicle is located outside of a mobile home park as defined in ORS 446.003 and:
(a) Has been rendered structurally immobile; or
(b) Has direct attachment to utilities. [2019 c.585 §4]
Note:
455.405 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.410 - Relocated buildings; substantial compliance required; permits.

(1) Existing buildings or structures which are removed from their foundation and relocated to another site within this state shall be in substantial compliance as defined in subsections (2) and (3) of this section.
(2) "Substantial compliance" means compliance with local construction codes in effect as of the original permit date of the building or structure, or where there was no permitting required at the time of original construction, with basic health and safety standards, as described in the closest dated Uniform Housing Code, as published by the International Conference of Building Officials as of the date of construction. Only the insulation, overhead and underneath the structure, shall be upgraded to the current insulation requirements of the state building code, or to the maximum extent possible subject to the design of the structure. Nothing in this statute shall be construed to mean that all heating, plumbing and electrical systems shall be replaced with systems meeting current standards for new construction, except that any life-threatening deficiencies in those systems shall be repaired, notwithstanding that the cost of rehabilitation may exceed 50 percent of the value of the structure before rehabilitation.
(3) All foundation and basement construction on the structure and any remodeling at the new location shall be constructed subject to all applicable local current building and safety codes, or where none exist, with the applicable standards as described in the Uniform Housing Code described in subsection (2) of this section.
(4) All moved houses shall be provided with either battery-operated or hard-wired smoke detection devices located in accordance with the provisions of the state building code.
(5) Nothing in this section is intended to permit any person to move a structure unless the person first consults the appropriate building inspection authority and obtains all required permits. [Formerly 456.756; 1989 c.1068 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.412 - Review of state building code provisions regarding certain smoke alarms and smoke detectors; rules.

(1) The Department of Consumer and Business Services shall amend the state building code as necessary for the purpose of reducing the frequency of false alarms from smoke alarms and smoke detectors. Rules adopted under this section shall be designed to address smoke alarms and smoke detectors in single family and multifamily dwellings, hotels and lodging houses and shall not apply to recreational vehicles, commercial vehicles, railroad equipment, aircraft, marine vessels and manufactured dwellings.
(2) As used in this section, "smoke alarm" and "smoke detector" shall have the meanings provided in ORS 479.250. [1999 c.307 §18]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.415 - Identification badges.

(1) A person who is licensed by the State Plumbing Board or the Department of Consumer and Business Services pursuant to ORS 460.057, 460.059, 479.630, 479.910, 480.630, 693.060, 693.103 or 693.111 must wear and visibly display an identification badge indicating the person’s current license status while performing work for which the license is required. The authority that licenses the person shall specify the size and content of the identification badge and may establish such other specifications as the authority deems appropriate.
(2) Subsection (1) of this section does not apply if wearing or displaying the identification badge may create a danger to the public health or to the safety of the person or the public.
(3) This section does not require the display of a contractor or business license. [2003 c.675 §62; 2005 c.758 §21]
Note:
455.415 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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. [Formerly 456.763; 1993 c.744 §94; 2003 c.675 §27; 2009 c.567 §18]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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:
455.422 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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. [Formerly 456.772; 1991 c.67 §127]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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:
455.427 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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:
455.440 and 455.445 were enacted into law by the Legislative Assembly but were 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 455.440.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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:
455.446 was 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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:
455.448 and 455.449 were added to and made a part of 455.010 to 455.740 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 455.448.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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. [Formerly 456.885 (1); 2007 c.306 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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:
455.453 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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:
455.455 to 455.465, 455.467 and 455.469 to 455.477 were added to and made a part of ORS chapter 455 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.457 - Licensing specialty code inspectors and plan reviewers; rules; contents.

In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services by rule shall establish a licensing system for persons that perform specialty code inspections or plan reviews and for businesses that employ persons that perform specialty code inspections or plan reviews. Such a system shall include but not be limited to the following provisions:
(1) Prescribing the form and content of and the times and procedures for submitting an application for the issuance or renewal of a license.
(2) Prescribing the terms of the licenses and the fees for the original issue and renewal in amounts that do not exceed the cost to the Department of Consumer and Business Services of administering the licensing system.
(3) Prescribing the requirements for and the manner of testing the competency of applicants for the protection of the public health and safety.
(4) Prescribing the amounts and conditions of bonds and liability insurance.
(5) Setting forth those actions or circumstances that constitute failure to achieve or maintain licensing competency or that otherwise constitute a danger to the public health or safety and for which the director may refuse to issue or renew or may suspend or revoke a license or impose a civil penalty. [1999 c.1045 §3]
Note:
See note under 455.455.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 455.455.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 455.455.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 455.455.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 455.457; and
(b) Collect an administrative fee as provided in ORS 455.210.
(3) The provisions of ORS 279C.100 to 279C.125 and 279C.300 to 279C.470 and ORS chapters 279A and 279B, except ORS 279B.235, do not apply to a personal services contract between the department or a municipality and a person licensed under ORS 455.457. [1999 c.1045 §20; 2003 c.794 §284]
Note:
See note under 455.455.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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:
455.468 was 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 455.455.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 455.210 (4)(a) and (b) and 455.220 (1). The surcharges shall be remitted quarterly to the department to partially defray the department’s administration, inspection and training costs incurred pursuant to ORS 455.455, 455.457, 455.461 and 455.463. Funds received by the department under this section shall be deposited in the Consumer and Business Services Fund created by ORS 705.145. [1999 c.1045 §6; 2007 c.69 §7]
Note:
See note under 455.455.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.473 - Disposition of certain fees received by department.

All moneys received by the Department of Consumer and Business Services pursuant to ORS 455.457 and 455.471 shall be paid into the State Treasury and credited to the appropriate specialty code account under this chapter or ORS 479.510 to 479.945. All moneys deposited in the accounts under this section are continuously appropriated to the department to carry out the provisions of ORS 455.455 to 455.463, 455.471, 455.473, 455.477 and 455.897 and section 10, chapter 1045, Oregon Laws 1999. [1999 c.1045 §5; 2003 c.14 §283]
Note:
See note under 455.455.