reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.720 - Standards and qualifications for personnel; rules.

(1) In accordance with applicable provisions of ORS chapter 183, to promote effective and uniform enforcement of the state building code by improving the competence of building officials and inspectors, the Director of the Department of Consumer and Business Services, with the advice of the advisory boards, shall:
(a) Establish for building officials and inspectors reasonable minimum training and experience standards, including but not limited to courses or subjects for instruction, facilities for instruction, qualification of instructors and methods of instruction. The standards shall include provisions for determining a practical experience equivalent.
(b) Establish a procedure to be used by municipalities to determine whether a person meets minimum standards or has minimum training to be appointed or employed as a building official or inspector. The procedure shall allow for a field examination of a person to determine if the person meets the practical experience equivalent of a minimum standard.
(c) Subject to such terms, conditions and classifications as the director may impose, certify building officials as being qualified, and revoke such certifications in the manner provided in ORS 455.740.
(d) Require an applicant for a certificate as a building official or inspector to demonstrate knowledge of the laws governing accessibility to buildings by persons with disabilities by passing an examination prescribed by the director.
(2) The director shall maintain and, upon request of municipalities, furnish information on applicants for appointment or employment as building officials or inspectors.
(3) Pursuant to ORS chapter 183, the director shall adopt rules necessary to carry out the certification programs provided by subsection (1) of this section.
(4) The director, by rule, may require evidence of completion of continuing education covering any certification created under this section as a condition of maintaining the certification. Nothing in this subsection shall prohibit the director from delegating any of this power to a municipality.
(5) The director, with the advice of the appropriate advisory boards, may adopt rules for certifying inspectors as being qualified to enforce one or more particular specialty codes, subject to any terms, conditions and classifications the director may impose, and for revoking those certifications in the manner provided in ORS 455.740. [Formerly 456.810; 1989 c.224 §119; subsection (4) enacted as 1991 c.361 §5; 1999 c.527 §1; 2001 c.104 §197; 2005 c.758 §21b; 2007 c.70 §257]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.723 - Specialized building inspectors; rules.

(1) The Director of the Department of Consumer and Business Services, with the advice of the appropriate advisory boards, may adopt rules establishing one or more programs to train, qualify and certify an individual as a specialized building inspector authorized to enforce portions of specialty codes. Notwithstanding ORS 455.720 (1) and 455.725, the rules may include, but need not be limited to, rules that establish:
(a) Work experience, training and other qualifications for program participation;
(b) Content and presentation requirements for training programs;
(c) Methods for verifying the qualification of the individual to enforce portions of specialty codes as a specialized building inspector certified under this section;
(d) The portions of various specialty codes that each program will enable a qualifying individual to enforce and any terms, conditions or classifications applicable for that enforcement; and
(e) Requirements the director believes reasonable for the administration and enforcement of this section.
(2) Notwithstanding ORS 446.250, 455.630, 455.720, 455.725, 479.530, 479.810 and 479.855, the director may issue or cause to be issued a certificate as a specialized building inspector to an individual who successfully completes an approved training program and satisfies qualification verification under this section.
(3) An individual certified as a specialized building inspector under this section may conduct inspections and enforce portions of specialty codes under ORS 479.510 to 479.945 and 479.950 and this chapter and ORS chapters 446, 447 and 693 as identified by the director. The enforcement of portions of specialty codes by a specialized building inspector is subject to any terms, conditions or classifications applicable to that enforcement established by the director by rule. [2009 c.593 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.725 - Certification of personnel training programs.

(1) Upon application, the Director of the Department of Consumer and Business Services or an authorized representative shall examine and evaluate any program or facility established by a municipality or educational institution for the training of building officials, inspectors and specialty code inspectors and plan reviewers licensed under ORS 455.457.
(2) If the director finds that a training program is qualified under the minimum requirements established pursuant to ORS 455.720, the director shall, in writing, certify the training program as being qualified for such a period of time and upon such conditions as the director may prescribe. An individual complies with any minimum requirement for building officials or inspectors established pursuant to ORS 455.720 when the individual satisfactorily completes a training program certified under this section. [Formerly 456.815; 1999 c.1045 §18]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.730 - Certification of personnel required.

No person shall be appointed or employed as a building official or inspector by any municipality unless the person has been certified as being qualified under ORS 455.715 to 455.740, and the certification has not lapsed or been revoked. [Formerly 456.820]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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. [2013 c.110 §2; 2021 c.599 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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. [Formerly 456.825; 1991 c.201 §1; 1991 c.361 §2; 2005 c.758 §21c; 2009 c.593 §§7,8; 2013 c.110 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 person’s 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 person’s 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 applicant’s 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. [1997 c.677 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.740 - Denial of certificate; disciplinary action against certificate holder; rules.

(1) Subject to ORS chapter 183, the Director of the Department of Consumer and Business Services may deny, condition, suspend, revoke or refuse to renew a certificate of a building official or inspector if the director finds that the building official or inspector has:
(a) Consistently failed to act in the public interest in the performance of duties;
(b) Failed to complete the continuing education requirements as required under ORS 455.720 (4);
(c) Provided false information to the department; or
(d) Committed an act described in ORS 455.125 or 455.129.
(2) In any revocation proceeding under this section, the municipality that appoints or employs the building official or inspector may appear as a party in interest, either for or against the revocation.
(3) When a certification is suspended or revoked under this section, the director may also suspend, deny or place conditions on that person’s right to reapply for certification under ORS 455.735 for a period not to exceed 12 months.
(4) This section does not limit or otherwise affect the authority of a municipality to dismiss or suspend a building official or inspector at the discretion of the municipality.
(5) Notwithstanding the requirements of subsections (1) to (4) of this section, the director may adopt rules that:
(a) Allow certifications to be placed on inactive status; and
(b) Extend continuing education compliance requirements in case of illness or hardship. [Formerly 456.835; 1991 c.361 §3; 2009 c.593 §9; 2021 c.599 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 455.715 or a Department of Consumer and Business Services employee charged with enforcement or administration of the state building code.
(2) "Building trade committee" means a group composed of experienced and knowledgeable local general contractors or other persons having substantial expertise in various aspects of one and two family dwelling construction under the Low-Rise Residential Dwelling Code.
(3) "General contractor" has the meaning given that term in ORS 701.005.
(4) "Master builder" means a person certified under ORS 455.810.
(5) "Qualified construction company" means a company that has been:
(a) Continuously licensed by the Construction Contractors Board during the preceding 60 months as a general contractor; or
(b) Continuously licensed by the Construction Contractors Board during at least the preceding 24 months as a general contractor and by one or more other states during the balance of the preceding 60 months in an occupation equivalent to that of a general contractor.
(6) "Regular employee" means a person who:
(a) Is continuously employed by, and on the regular payroll of, a qualified construction company;
(b) Has filed a withholding statement or an exemption certificate pursuant to ORS 316.182 for work performed for the qualified construction company; and
(c) Is available during working hours to supervise on-site dwelling construction, including but not limited to supervising the installation of:
(A) Drywall;
(B) Electrical systems;
(C) Footings;
(D) Foundations;
(E) Framing;
(F) Insulation;
(G) Mechanical systems;
(H) Plumbing systems; and
(I) Stairs.
(7) "Whole dwelling remodel" means a project that includes the installation in an existing dwelling of all of the following:
(a) Drywall;
(b) Electrical systems;
(c) Footings;
(d) Foundations;
(e) Framing;
(f) Insulation;
(g) Mechanical systems; and
(h) Plumbing systems. [2001 c.406 §1; 2003 c.675 §38; 2019 c.134 §12]
Note:
455.800 to 455.820 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 455.805 - 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 455.800.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 455.800 to 455.820, including but not limited to rules establishing application, examination, certification and renewal fees. [2001 c.406 §3]
Note:
See note under 455.800.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 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 455.800.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.005 - Definitions for ORS chapters 456 and 458.

As used in ORS chapters 456 and 458:
(1) "Culturally responsive organization" means an entity that, as determined by the Housing and Community Services Department:
(a) Comprehensively addresses power relationships throughout the organization by methods that include addressing conflicts and dynamics of inclusion and exclusion;
(b) Has relationships with and is responsive to communities that the organization serves, including communities of color;
(c) Hires, promotes, trains and supports staff who are culturally and linguistically diverse in ways that reflect the communities that the organization serves, including communities of color;
(d) Provides culturally responsive service; and
(e) With respect to paragraphs (a) to (d) of this subsection, has adopted governance structures, policies and cultural norms to hold its leadership and staff accountable and to continue improvements.
(2) "Culturally responsive service" means service that:
(a) Is adapted to maximize the respect of and relevance to the beliefs, practices, culture and linguistic needs of the diverse client populations and communities being served, including clients and communities of color.
(b) Has the capacity to respond to the issues of diverse communities.
(c) Assures competent language access and incorporates diverse cultural approaches, strengths, perspectives, experiences, frames of reference, values, norms and performance styles of clients and communities to make services and programs more welcoming, accessible, appropriate and effective for all eligible and intended recipients.
(3) "Culturally specific organization" means an entity that provides services to a cultural community, and may be further defined by rule by the department.
(4) "Federal government" includes the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.
(5) "Housing authority" or "authority" means any public corporation created under ORS 456.055 to 456.235.
(6) "Housing Authorities Law" means ORS 456.055 to 456.235. [Amended by 1989 c.874 §7; 1995 c.79 §235; 1995 c.445 §1; 2021 c.448 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.060 - Definition of "area of operation"; intergovernmental agreements.

(1) As used in the Housing Authorities Law, unless the context requires otherwise, "area of operation" includes:
(a) In the case of a housing authority of a city:
(A) The area within the city;
(B) If the city has adopted in its comprehensive land use plan an urban growth boundary recognized by the governing bodies of the counties in which it is situated, the area within that urban growth boundary; and
(C) Unless a county has an existing housing authority which is operating and substantially addressing the need for housing in the county for persons of lower income, the area within 10 miles from the territorial boundaries of the city, excepting any area which lies within the territorial or urban growth boundaries of some other city which has by ordinance prohibited such operation within the city or its urban growth boundaries because the city finds that:
(i) An existing public agency operating within the area is substantially addressing the need for housing in the city for persons of lower income; or
(ii) There is no need for housing in the city for persons of lower income.
(b) In the case of a housing authority of a county, the area within the county which lies:
(A) Outside the territorial boundaries of any city or, if a city has adopted in its comprehensive land use plan an urban growth boundary recognized by the governing bodies of the counties in which it is situated, that urban growth boundary; and
(B) Inside the territorial or urban growth boundaries of any city unless the city has by ordinance prohibited such operation within the city or its urban growth boundary because the city finds that:
(i) An existing public agency operating within the area is substantially addressing the need for housing in the city for persons of lower income; or
(ii) There is no need for housing in the city for persons of lower income.
(2) As used in this section, "need" means the condition described in ORS 456.085.
(3) Nothing in this section shall prevent units of local government from entering into intergovernmental agreements pursuant to ORS 190.003 to 190.130 for the purpose of:
(a) Establishing areas of operation which are different from the areas specified in this section, including agreements which utilize an urban growth boundary to allocate areas of operation between the housing authorities of a city and a county.
(b) Permitting a specific housing program or portion of a program to be operated in areas within the corporate limits of a city by an existing housing authority of a county or some other city. [Amended by 1973 c.672 §2; 1977 c.667 §1; 1995 c.445 §14; 2003 c.14 §287]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.065 - Definition of "housing project."

(1) As used in this section:
(a) "Community services" means services provided by public or private nonprofit organizations or service agencies that may include, but are not limited to, child care, early childhood education, health, human resources, information and referral services, basic life skills and adult literacy classes, support services designed to improve self-sufficiency and recreational programs.
(b) "Community services facilities" includes, but is not limited to, all buildings, grounds or other real or personal property necessary to provide a public benefit, appurtenances that are necessary, convenient or desirable, streets, sewers, water service and other utilities, parks and gardens.
(2) As used in the Housing Authorities Law, unless the context requires otherwise, "housing project" means any work or undertaking:
(a) To provide decent, safe and sanitary urban or rural housing for persons or families of lower income. A work or undertaking described in this paragraph may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service and other utilities, parks, site preparation, gardening, administrative, community services, leased commercial facilities consistent with mixed residential and commercial communities, health, recreational, educational, welfare or other purposes authorized under ORS 456.055 to 456.235.
(b) To provide community services facilities for the benefit of the health, recreation, education, culture and welfare of the entire community, without regard to the economic status of the persons or families who may utilize the facilities.
(c) To demolish, clear or remove buildings from any blighted area. A work or an undertaking described in this paragraph may embrace the adaptation of the area to public purposes, including housing, parks, community services facilities or other recreational, educational, cultural or community purposes.
(d) To accomplish a combination of the projects described in paragraphs (a), (b) and (c) of this subsection, or accomplish the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection with those projects.
(e) To provide management, administration and contract services between the housing authority and owners of decent, safe and sanitary housing for the purpose of providing affordable housing to persons of eligible income. [Amended by 1973 c.672 §3; 1977 c.667 §2; 1989 c.874 §2; 1993 c.125 §1; 1995 c.79 §236; 1995 c.445 §3; 1997 c.406 §1; 2007 c.606 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.070 - Declaration of necessity for establishment of housing authorities.

It hereby is declared:
(1) That there exists in this state a need for an increase in affordable housing for persons or families of lower income.
(2) That it is a goal of this state to increase the availability of affordable housing for persons and families of lower income.
(3) That there is a necessity in the public interest for the Housing Authorities Law. [Amended by 1973 c.672 §4; 1995 c.445 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.075 - Housing authorities created; declaration of need required before housing authority may function.

In each city, as defined in ORS 456.055, and county there hereby is created a public body corporate and politic to be known as the "housing authority" of the city or county. However, the housing authority shall not transact any business or exercise its powers until or unless the governing body of the city or the county, by proper resolution, declares that there is need for an authority to function in such city or county. The governing body of the city or the county shall also elect to have the powers of a housing authority exercised in any one of the two ways provided in ORS 456.095 (1). [Amended by 1969 c.630 §2; 1975 c.322 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.080 - Determination of need for housing authority.

(1) The determination whether there is a need for a housing authority to function in a city or county may be made either by election as provided in this section or by the governing body of a city or county on its own motion. The governing body of the city or county shall order the election when a petition is filed as provided in this section.
(2) A petition under this section must state that there is a need for a housing authority to function.
(3) Except as provided in subsections (4) and (5) of this section, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition:
(a) In the case of a county, in ORS 250.165 to 250.235.
(b) In the case of a city, in ORS 250.265 to 250.346.
(4) Notwithstanding ORS 250.325, a city governing body shall submit the question to the electors without first considering its adoption or rejection.
(5) If ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a county or if ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the county or city charter or an ordinance adopted under the county or city charter.
(6) An election under this section shall be conducted under ORS chapters 246 to 260, and:
(a) In the case of a city, must be held on a date specified in ORS 221.230.
(b) In the case of a county, must be held on a date specified in ORS 203.085.
(7) If the electors voting at the election favor the functioning of the housing authority, the governing body shall declare that there is need for such housing authority to function.
(8) The question of need shall not again be submitted at any election within one year immediately following the election at which the question was voted upon. [Amended by 1983 c.350 §275]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.085 - Adopting resolution declaring need for authority.

The governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, if it finds that there exists a need for additional safe, decent and sanitary affordable housing for persons or families of lower income. [Amended by 1973 c.672 §5; 1995 c.445 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.090 - Sufficiency of resolution; copy as evidence.

(1) In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of authority, the authority is conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution by the governing body declaring the need for the authority. The resolution is deemed sufficient if it declares that there is a need for an authority and finds that the condition described in ORS 456.085 exists in the city or county, in substantially the terms used in that subsection, no further detail being necessary.
(2) A copy of such resolution duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding. [Amended by 1995 c.445 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.100 - Terms and compensation of commissioners.

(1) The commissioners of a five-member authority who are first appointed shall serve terms as follows:
(a) One commissioner shall be appointed for a term of one year.
(b) One commissioner shall be appointed for a term of two years.
(c) One commissioner shall be appointed for a term of three years.
(d) Two commissioners shall be appointed for terms of four years.
(2) The commissioners of a seven-member authority who are first appointed shall serve terms as follows:
(a) One commissioner shall be appointed for a term of one year.
(b) Two commissioners shall be appointed for terms of two years.
(c) Two commissioners shall be appointed for terms of three years.
(d) Two commissioners shall be appointed for terms of four years.
(3) The commissioners of a nine-member authority who are first appointed shall serve terms as follows:
(a) Two commissioners shall be appointed for terms of one year.
(b) Two commissioners shall be appointed for terms of two years.
(c) Two commissioners shall be appointed for terms of three years.
(d) Three commissioners shall be appointed for terms of four years.
(4) Thereafter, commissioners shall be appointed by resolution in the same manner as their original appointment for a term of office of four years except that all vacancies shall be filled for the unexpired term. A commissioner shall hold office until a successor has been appointed and qualified.
(5) A commissioner shall receive no compensation for services, but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of the duties of the commissioner. [Amended by 1973 c.672 §7; 2001 c.547 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.105 - Organization; officers; quorum; employees; legal services.

(1) A majority of the commissioners of an authority shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes.
(2) Except as otherwise provided in the Housing Authorities Law, action may be taken by the authority upon a vote of a majority of the commissioners present, a quorum being present, unless the bylaws of the authority require a larger number.
(3) The authority shall select a chairperson and vice chairperson from among its commissioners.
(4) An authority may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it requires. It shall determine their qualifications, duties and compensation.
(5) For such legal services as it requires, an authority may, if it is not a regional authority, call upon the chief law officer of the city or the county or it may employ its own counsel and legal staff. [Amended by 1973 c.672 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.110 - Removal of commissioner.

For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority appointed pursuant to ORS 456.095 (1) or (2) may be removed by the mayor or, in the case of an authority for a county, by the governing body of the county or, in the case of a regional authority, by the appointing authority for the commissioner. This section does not allow the removal of a member of a governing body exercising power as a housing authority. A commissioner shall not be removed until after the commissioner has been given a copy of the charges at least 10 days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk for each city and county in the authority. [Amended by 1969 c.630 §4; 1973 c.672 §9; 2001 c.547 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.115 - Commissioners and employees may not have interest in project other than as tenant; disclosure of interest; duty to act as prudent person.

(1) No commissioner or employee of an authority shall acquire any interest in any housing project or in any property included or planned to be included in any project, nor shall the commissioner or employee of an authority have an interest except as a tenant in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project.
(2) For the purposes of subsection (1) of this section, the leasehold interest of a tenant appointed to the board or commission under ORS 456.095 shall not be considered an interest in a project, property or contract if the leasehold interest is granted on the same basis and is subject to the same terms and conditions as other leasehold interests of other tenants of the authority. A tenant-commissioner shall refrain from voting on any action that affects the individual interest of the tenant-commissioner as distinguished from the interests of tenants as a class.
(3) If any commissioner or employee of an authority owns or controls an interest in any property included or planned to be included in any housing project, the commissioner or employee immediately shall disclose the same in writing to the authority. Such disclosure shall be entered upon the minutes of the authority. Failure so to disclose such interest shall constitute misconduct in office.
(4) A commissioner shall discharge the commissioner’s duties with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character. [Amended by 1975 c.335 §2; 1995 c.483 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.118 - Prohibition against using term; enjoining violations.

No person other than a housing authority created under ORS 456.055 to 456.235 may use the term "housing authority" or a variation of the term "housing authority" in the corporate or other business name or title of the person. Any housing authority may bring a civil suit to enjoin a violation of this section, regardless of whether the housing authority shows that the authority will suffer damage from the violation. [2007 c.606 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.125 - Research, planning, construction and operation of housing projects.

Within its area of operation, a housing authority may:
(1) Investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions by either the housing authority or the private market.
(2) Determine where blighted areas exist or where there is a shortage of decent, safe and sanitary housing for persons or families of lower income.
(3) Make studies and recommendations relating to the problem of clearing, replanning and reconstructing blighted areas to provide affordable housing and the problem of providing housing for persons or families of lower income. An authority is encouraged to cooperate with the private market and the city, county or state or any of their political subdivisions in action taken in connection with identifying and solving such problems.
(4) Engage in research, studies and experimentation on the subject of housing.
(5) Prepare, carry out, acquire, lease and operate housing projects.
(6) Provide for the construction, reconstruction, improvement, alteration or repair of any housing project or any part thereof. [Amended by 1973 c.672 §10; 1995 c.445 §7; 2007 c.606 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.128 - Housing authority intellectual property.

(1) As used in this section:
(a) "Housing authority" means a housing authority created under ORS 456.075. "Housing authority" includes a person exercising delegated powers and duties under ORS 456.135, a local government electing under ORS 456.095 to have the powers of a housing authority and a body to which powers and authority are transferred under ORS 456.233.
(b) "Intellectual property" and "person" have the meanings given those terms in ORS 456.562.
(2) Subject to any superior patent rights or copyrights, a housing authority may license, share or otherwise provide for the use by a person of intellectual property acquired or developed by the authority. Except as provided in this subsection, the housing authority may charge fees for licensing, sharing or otherwise providing for the use of the intellectual property. The housing authority may not charge a fee under this subsection to a federal, state or local government body.
(3) A housing authority may take actions that the authority deems necessary and appropriate to carry out this section, including but not limited to applying for patents or copyright registration to perfect or preserve the authority’s rights in intellectual property. [2003 c.605 §2]
Note:
456.128 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.