reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.132 - Building Codes Structures Board; duties; membership.

(1) There is established in the Department of Consumer and Business Services a Building Codes Structures Board consisting of nine members.
(2) The Building Codes Structures Board shall assist the Director of the Department of Consumer and Business Services in administering the structural, prefabricated structures and energy programs described in this chapter and the accessibility to persons with physical disabilities program described in ORS 447.210 to 447.280.
(3) The board shall consist of members broadly representative of the industries and professions involved in the development and construction of buildings and energy conservation, including:
(a) An architect or engineer;
(b) A general contractor, as defined in ORS 701.005, specializing in the construction of buildings more than three stories above grade;
(c) A contractor specializing in construction for heavy industry;
(d) A representative of the building trade;
(e) A representative of a utility or energy supplier;
(f) A representative of a fire protection agency;
(g) A building official;
(h) An owner or manager of a commercial office building; and
(i) A representative selected from individuals recommended by the Oregon Disabilities Commission. [1993 c.744 §80; 1995 c.249 §1; 2003 c.675 §§17,18,19]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.135 - Residential and Manufactured Structures Board; duties; membership.

(1) There is established a Residential and Manufactured Structures Board consisting of 11 members appointed by the Governor.
(2) The members of the board shall assist the Director of the Department of Consumer and Business Services in administering the low-rise residential dwelling program and Small Home Specialty Code described in this chapter.
(3) The board must consist of:
(a) One contractor specializing in the construction of residential structures;
(b) One contractor specializing in the remodeling of residential structures;
(c) One contractor specializing in building multifamily housing three stories or less above grade;
(d) One home designer or architect;
(e) One building official;
(f) One representative of residential building trade subcontractors;
(g) One structural engineer;
(h) One representative of a utility or energy supplier;
(i) One manufacturer of manufactured dwellings;
(j) One seller or distributor of new manufactured dwellings; and
(k) One public member who does not receive compensation from any interest represented under paragraphs (a) to (j) of this subsection. [2003 c.675 §2; 2009 c.567 §14; 2019 c.401 §4]
Note:
The amendments to 455.135 by section 11, chapter 401, Oregon Laws 2019, become operative January 2, 2026. See section 18, chapter 401, Oregon Laws 2019, as amended by section 1c, chapter 422, Oregon Laws 2019, and section 6, chapter 54, Oregon Laws 2022. The text that is operative on and after January 2, 2026, is set forth for the user’s convenience.
(1) There is established a Residential and Manufactured Structures Board consisting of 11 members appointed by the Governor.
(2) The members of the board shall assist the Director of the Department of Consumer and Business Services in administering the low-rise residential dwelling program described in this chapter.
(3) The board must consist of:
(a) One contractor specializing in the construction of residential structures;
(b) One contractor specializing in the remodeling of residential structures;
(c) One contractor specializing in building multifamily housing three stories or less above grade;
(d) One home designer or architect;
(e) One building official;
(f) One representative of residential building trade subcontractors;
(g) One structural engineer;
(h) One representative of a utility or energy supplier;
(i) One manufacturer of manufactured dwellings;
(j) One seller or distributor of new manufactured dwellings; and
(k) One public member who does not receive compensation from any interest represented under paragraphs (a) to (j) of this subsection.
Note:
455.135 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 455.138 - Electrical and Elevator Board; duties; membership.

(1) There is established in the Department of Consumer and Business Services an Electrical and Elevator Board consisting of 15 members.
(2) The Electrical and Elevator Board shall assist the Director of the Department of Consumer and Business Services in administering the electrical program described in ORS 479.510 to 479.945 and 479.995 and the elevator program described in ORS 460.005 to 460.175.
(3) The board shall be composed of:
(a) A fire and casualty underwriter;
(b) A representative of industrial plants regularly employing licensed electricians;
(c) A person representing the power and light industry;
(d) An electrical equipment supplier who otherwise qualifies by experience in the industry;
(e) An elevator manufacturing representative;
(f) One member from the electrical equipment manufacturing industry who otherwise qualifies by experience and training in electricity;
(g) Two journeyman electricians;
(h) An electrical inspector;
(i) Two electrical contractors;
(j) A municipal building official;
(k) A journeyman elevator installer;
(L) An owner or manager of a commercial office building; and
(m) A public member who does not receive compensation from any interest described in paragraphs (a) to (L) of this subsection. [1993 c.744 §81; 1995 c.249 §2]
Note:
See note under 455.132.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.140 - Mechanical Board; duties; membership.

(1) There is established a Mechanical Board consisting of 10 members appointed by the Governor.
(2) The members of the board shall assist the Director of the Department of Consumer and Business Services in administering the code adopted pursuant to ORS 455.020 for mechanical devices and equipment.
(3) The board must consist of:
(a) One representative of the plumbing industry;
(b) One sheet metal and air conditioner contractor;
(c) One municipal mechanical inspector possessing the highest level of mechanical inspector certification issued by the Department of Consumer and Business Services;
(d) One heating, venting and air conditioning contractor;
(e) One heating, venting and air conditioning installer;
(f) One sheet metal and air conditioner installer;
(g) One representative of a natural gas company or other utility;
(h) One building official;
(i) One insulation craftsperson who has experience with heat and frost insulation; and
(j) One public member who does not receive compensation from any interest represented under paragraphs (a) to (i) of this subsection.
(4) At least one of the board members described in subsection (3)(b) or (d) of this section must be an owner or operator of a contracting business employing 10 or fewer persons at the time of the member’s appointment to the term. [2003 c.675 §4; 2013 c.255 §5]
Note:
455.140 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 455.144 - Terms; compensation; positions; quorum; rules; removal of members; confirmation.

(1) The Building Codes Structures Board, the Electrical and Elevator Board, the Residential and Manufactured Structures Board and the Mechanical Board shall each be organized and governed as described in this section.
(2)(a) The term of office of each member is four years and a member is not eligible for appointment to more than two full terms of office. The Governor shall appoint the members of each board and the board members shall serve at the pleasure of the Governor.
(b) Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(3) A member of each board is entitled to compensation and expenses as provided in ORS 292.495.
(4) A board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such position as the board determines.
(5) A majority of the members of a board constitutes a quorum for the transaction of business.
(6) In accordance with applicable provisions of ORS chapter 183, the director may adopt rules necessary for the administration of the laws that the Department of Consumer and Business Services is charged with administering.
(7) The Governor may remove a board member for good cause. "Good cause" for removal of a member includes, but is not limited to, three unexcused absences during any 12-month period from a regularly scheduled board meeting.
(8) The appointment of a member of a board is subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution. [1993 c.744 §83; 2003 c.675 §§20,21; 2009 c.567 §15; 2011 c.272 §21]
Note:
See note under 455.132.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.146 - Frequency of board meetings.

(1) The Electrical and Elevator Board established in ORS 455.138, the Board of Boiler Rules established in ORS 480.535 and the State Plumbing Board established in ORS 693.115 shall each meet at least four times per year at times and places specified by the Director of the Department of Consumer and Business Services after consultation with the board, or at times and places specified by the call of a majority of the members of the board after consultation with the director.
(2) The Building Codes Structures Board established in ORS 455.132, the Residential and Manufactured Structures Board established in ORS 455.135, the Mechanical Board established in ORS 455.140 and the Construction Industry Energy Board established in ORS 455.492 shall each meet at least twice per year at times and places specified by the Director of the Department of Consumer and Business Services after consultation with the board, or at times and places specified by the call of a majority of the members of the board after consultation with the director. [Formerly 705.250]
Note:
455.146 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 455.152 - Objections to municipal assumption of building inspection program.

(1) A municipality, 10 or more persons or an association with 10 or more members may file objections to a municipality’s assumption of a building inspection program. The objections must be filed within 30 days after the Director of the Department of Consumer and Business Services gives notice of the application.
(2) The director, by rule, shall establish a process for reviewing objections filed under subsection (1) of this section. The review process shall include but need not be limited to:
(a) Identification of economic impairment, if any, affecting the municipality;
(b) Demonstration by the municipality that all building inspection program permits and services will be available, including any service agreements for carrying out building program services;
(c) Review of all elements of the assumption plan submitted by the municipality;
(d) Demonstration by the municipality of the ability to provide building inspection program services for at least two years; and
(e) Review of proposed levels of service, including the municipality’s ability to maintain or improve upon existing service levels.
(3) Upon completion of a review under subsection (2) of this section, the director shall issue a final agency order approving or disapproving the application. [2001 c.573 §2]
Note:
455.152 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 455.153 - Municipal authority to administer specialty code or building requirements; effect on jurisdiction of agencies.

(1) A municipality may administer any specialty code or building requirements as though the code or requirements were ordinances of the municipality if the municipality is authorized to administer:
(a) The specialty code under ORS chapter 447 or 455 or ORS 479.510 to 479.945 and 479.995.
(b) Mobile or manufactured dwelling parks requirements adopted under ORS 446.062.
(c) Temporary parks requirements adopted under ORS 446.105.
(d) Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230.
(e) Park or camp requirements adopted under ORS 455.680.
(2) Administration of any specialty code or building requirement includes establishing a program intended to verify compliance with state licensing requirements and all other administrative and judicial aspects of enforcement of the code or requirement. Nothing in this section affects the concurrent jurisdiction of the Director of the Department of Consumer and Business Services, the Building Codes Structures Board, the State Plumbing Board, the Electrical and Elevator Board, the Residential and Manufactured Structures Board or the Mechanical Board to impose civil penalties for violations committed within municipalities. [1995 c.190 §2; 2001 c.411 §17; 2003 c.675 §§22,23; 2009 c.567 §16]
Note:
455.153 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 455.154 - Alternative permit and inspection program.

(1) Notwithstanding ORS 447.076, 455.627, 479.560 and 479.565, the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, may establish special alternative permit and inspection programs for any installations or equipment regulated under the state building code. The alternative programs may include, but need not be limited to:
(a) Programs for work, other than life-safety work, performed in commercial, manufacturing, industrial and institutional facilities; and
(b) Inspection programs for in-plant construction.
(2) Every municipality that administers and enforces a building program under ORS 455.148 or 455.150 shall administer and enforce within the municipality any special alternative permit and inspection program that the department makes applicable to that municipality.
(3) A municipality may apply to the department for approval of municipal application forms, procedures and criteria for plan review, permits and inspections and methodologies for determining fee amounts, for use by the municipality in carrying out an applicable special alternative permit and inspection program.
(4) If the department determines that an optional special alternative permit and inspection program affects only some of the jurisdictions that are subject to ORS 455.046, the requirements of ORS 455.046 are applicable only to standard permit and inspection programs and not to the optional program. [2003 c.368 §2; 2005 c.288 §1]
Note:
455.154 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 455.155 - Statewide permit and inspection system for minor construction work.

Notwithstanding ORS 447.076, 455.627, 479.560 and 479.565, the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, may establish a statewide permitting and inspection system for minor construction work. Every municipality that administers and enforces a building program under ORS 455.148 or 455.150 must recognize and accept permits issued by the department under this section. [2003 c.368 §1]
Note:
455.155 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 455.157 - Process for municipal imposition of monetary penalties.

(1) The Legislative Assembly finds and declares that enforcement of the state building code in a fair, equitable and uniform manner throughout this state is a matter of state concern.
(2) If a municipality administers a building inspection program under ORS 455.148 or 455.150, a monetary penalty assessed under the program for a violation must be assessed as a civil penalty. This subsection does not prohibit a municipality from charging a violator an increased permit fee or investigative fee, seeking injunctive relief from a violation or taking any enforcement action that does not include a monetary penalty. This subsection does not limit the terms or conditions of any voluntary agreement for the resolution of a violation.
(3) A municipality may not assess a civil penalty for a violation under a building inspection program unless the municipality provides to the party that is subject to the civil penalty:
(a) Notice that:
(A) Describes the alleged violation, including any relevant code provision numbers, ordinance numbers or other identifying references;
(B) States that the municipality intends to assess a civil penalty for the violation and states the amount of the civil penalty;
(C) States that the party may challenge the assessment of a civil penalty; and
(D) Describes the means and the deadline for informing the municipality that the party is challenging the assessment of the civil penalty; and
(b) A municipal administrative process other than a judicial proceeding in a court of law, that affords the party an opportunity to challenge the civil penalty assessment before an individual, department or body that is other than the municipality’s building inspector or building official.
(4) If the municipality assesses a civil penalty for a violation under a building inspection program, the amount of the civil penalty assessed for the violation may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895.
(5) The costs incurred by a municipality in providing notice and administrative process under this section are building inspection program administration and enforcement costs for the purpose of fee adoption under ORS 455.210. [2009 c.476 §2]
Note:
455.157 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 455.158 - Verification of required license prior to issuance of permit.

(1) As used in this section:
(a) "Public body" has the meaning given that term in ORS 174.109.
(b) "Work on a structure" means the construction, reconstruction, alteration or repair of a structure.
(2) A public body that administers and enforces a building inspection program shall ensure that a person required to be licensed under a 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 in order to obtain a permit for work on a structure has a current, valid license of the type required for the permit. [2007 c.549 §3]
Note:
455.158 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 455.160 - Failure to provide timely inspections or plan reviews prohibited; demand; mandamus.

(1) The municipality that is responsible for state building code administration and enforcement in a municipality pursuant to ORS 455.148 or 455.150, or the Department of Consumer and Business Services if the department is responsible for state building code administration and enforcement pursuant to ORS 455.148 or 455.150, may not engage in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause.
(2) Any person adversely affected by a pattern of conduct prohibited in subsection (1) of this section may serve the municipality or the department with a written demand to provide timely inspections or plan reviews.
(3) If a municipality, within five days of receipt of the demand, fails to provide timely inspections or plan reviews without reasonable cause, the person who served the demand may seek to compel the inspections or plan reviews through a writ of mandamus pursuant to ORS 34.105 to 34.240. If the court finds that the municipality has engaged in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause, it may direct the municipality to provide timely inspections or plan reviews or to transfer the administration and enforcement of the code in question under procedures outlined in ORS 455.148 (5) and (6) or 455.150 (5) and (6).
(4) If the department, within five days of receipt of the demand, fails to provide timely inspections or plan reviews without reasonable cause, the person who served the demand may seek to compel the inspections or plan reviews through a writ of mandamus pursuant to ORS 34.105 to 34.240. If the court finds that the department has engaged in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause, it may direct the department to provide timely inspections or plan reviews or to transfer the administration and enforcement of the code in question to an appropriate municipality, if the municipality accepts the responsibility. A municipality may accept the transfer of the administration and enforcement of a code under this subsection without becoming subject to ORS 455.148 as a result of accepting the transfer. [Formerly 456.803; 1995 c.553 §7; 2001 c.573 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.165 - Standards for building codes information collected and maintained by municipalities; rules.

(1) As used in this section:
(a) "Form and format" has the meaning given that term in ORS 455.097.
(b) "Standards" means the content, processing, form and format of building codes information collected and maintained by municipalities.
(2) The Department of Consumer and Business Services may adopt rules establishing building codes information standards for municipalities administering and enforcing building inspection programs. The department shall design the standards to ensure consistency between municipalities regarding building inspections, permits, plans specifications and other building codes information. The department may not adopt standards that:
(a) Waive any requirement imposed by statute or by rule of another state agency for submitting building permit applications, building plans, specifications or other building program information in physical form.
(b) Require a municipality to assume or expand a building inspection program or to provide additional building inspection program services. [2007 c.69 §3]
Note:
455.165 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 455.170 - Director delegation of certain duties; fees.

(1) The Director of the Department of Consumer and Business Services shall delegate to any municipality that requests any of the authority, responsibilities and functions of the director relating to recreation parks, organizational camps and picnic parks as defined in ORS 446.310, including but not limited to plan review and inspections, if the director determines that the municipality is willing and able to carry out the rules of the director relating to such authority, responsibilities and functions. The director shall review and monitor each municipality’s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a municipality is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the director for carrying out the authority, responsibility and functions under this section.
(2) The director shall determine, by administrative rule, the amount of fee that the municipality may charge and retain for any function undertaken pursuant to subsection (1) of this section. The amount of the fees may not exceed the costs of administering the delegated functions. The municipality, quarterly, shall remit 15 percent of the collected fees to the director for monitoring municipal programs and for providing informational material necessary to maintain a uniform state program.
(3) In any action, suit or proceeding arising out of municipal administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the director, the director shall be made a party to the action, suit or proceeding. [1987 c.414 §36a; 1991 c.227 §3; 2017 c.17 §40]
Note:
455.170 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 455.175 - Restriction on city or county refusal of building permit in residential subdivision.

(1) As used in this section:
(a) "Conditions of development" means requirements that, as part of a residential subdivision, a developer, declarant or owner must construct public improvements that are contained in:
(A) A development agreement under ORS 94.504 to 94.528;
(B) Conditions of approval under ORS 92.040, 215.416 or 227.175; or
(C) Any other agreement with, or conditional approval by, a local government.
(b) "Residential subdivision" means a residential development requiring a developer, declarant or owner to subdivide land, as defined in ORS 92.010, and to obtain a permit under ORS 215.416 or 227.175.
(c) "Substantial completion" means the city, county or other appropriate public body has inspected, tested and found acceptable under applicable code requirements, unless the parties agree to a lower standard:
(A) The water supply system;
(B) The fire hydrant system;
(C) The sewage disposal system;
(D) The storm water drainage system, excepting any landscaping requirements that are part of the system;
(E) The curbs;
(F) The demarcating of street signs acceptable for emergency responders; and
(G) The roads necessary for access by emergency vehicles.
(2) A city or county may not deny a building permit allowing the construction of residential dwellings under a residential subdivision on the basis that the conditions of development have not been met, if:
(a) Substantial completion of conditions of development for the residential subdivision occurs; and
(b) The developer, declarant or owner, to secure the completion of the remaining public improvements included as conditions of development for the residential subdivision:
(A) Obtains and maintains a bond; or
(B) Undertakes an alternative form of financial guarantee, if any, that is acceptable to, but may not be required by, the city or county.
(3) Subsection (2) of this section does not prevent a city or county from declining to issue certificates of occupancy for any residential dwellings if all conditions of development are not fully completed or the conditions for the release of the bond are not fulfilled. [2019 c.397 §1]
Note:
455.175 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 455.180 - Restriction on city or county refusal to issue building permit.

(1) A city or county shall not refuse to issue or otherwise deny a building permit, development permit, plumbing permit, electrical permit or other similar permit to any person applying for the permit solely because the applicant has contracted for the performance of services by a contractor, subcontractor, supplier or other person who is subject to the business license tax of the city or county and has failed to pay the tax when due.
(2) As used in this section, "business license tax" has the meaning given that term in ORS 701.015. [1987 c.581 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.185 - Agreements for full, divided, mutual or joint administration and enforcement.

(1) Notwithstanding ORS 455.148, 455.150 and 455.153, upon request by one or more municipalities and with the consent of all affected parties, the Director of the Department of Consumer and Business Services may enter into an agreement for the Department of Consumer and Business Services to uniformly administer and enforce all or a portion of a building inspection program within a geographic area. The geographic area may be a municipality, a region comprising parts of more than one municipality or a region comprising multiple municipalities. The geographic area need not correspond to the jurisdictional boundaries of municipalities. The agreement may provide for the department to perform administration and enforcement for a specified period or for carrying out one or more particular projects.
(2) The terms of an agreement under subsection (1) of this section may specify whether the department is to utilize department resources or combine resources with one or more of the municipalities to carry out an agreement. An agreement may combine department and local government resources in any manner that the parties believe will provide for the efficient and uniform administration of the building inspection program within the geographic area, including but not limited to full, divided, mutual or joint performance of any of the administrative or enforcement functions by any of the parties to the agreement. A decision by the director regarding whether to enter into an agreement under subsection (1) of this section, and the content of any agreement that the director enters into under subsection (1) of this section, is not subject to review by the Attorney General or the Oregon Department of Administrative Services and is subject to challenge or appeal under ORS chapter 183 only for failure to comply with an express requirement created under ORS 455.185 to 455.198.
(3) An agreement under subsection (1) of this section is not an abandonment of a building inspection program for purposes of ORS 455.148 or 455.150.
(4) If the Department of Consumer and Business Services enters into an agreement under subsection (1) of this section, the department and a public body that offers construction-related services in the geographic area may enter into an agreement for providing access to the construction-related services on the electronic information system described in ORS 455.095 and 455.097. The agreement may include, but need not be limited to, provision for access that allows the electronic submission of an application to the public body for a construction-related permit. As used in this subsection, "public body" has the meaning given that term in ORS 174.109. [2013 c.528 §5; 2015 c.170 §4]
Note:
455.185 to 455.200 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 455.188 - Fee revenue generated under agreement.

(1) An agreement under ORS 455.185 may provide for the parties to the agreement to share any fee revenue generated by the administration and enforcement of the agreement and to expend the fee revenue anywhere within the geographic area covered by the agreement.
(2) Notwithstanding ORS 455.210, if an agreement under ORS 455.185 provides for the Department of Consumer and Business Services to administer and enforce a building inspection program for which one or more municipalities have adopted a fee or hourly rate, subject to subsection (3)(a) of this section the department may charge the municipally adopted fee or hourly rate when providing the building inspection program services within a municipality.
(3) Fees described in subsection (2) of this section that are charged by the department:
(a) Are subject to any surcharges described under ORS 455.210, 455.220 or 455.447; and
(b) Notwithstanding ORS 455.210, are not subject to Oregon Department of Administrative Services approval.
(4) Notwithstanding ORS 293.265, moneys from fees described in this section that are collected or received by, or in the possession of, a party to an agreement under ORS 455.185 and are to be expended by or on behalf of the state shall be turned over to the State Treasurer no later than one business day after the parties to the agreement have determined that the moneys are moneys to be expended by or on behalf of the state. [2013 c.528 §6]
Note:
See note under 455.185.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.195 - Fees charged following surrender or abandonment of municipal building inspection program.

(1) If the Department of Consumer and Business Services assumes the administration and enforcement of a building inspection program that has been surrendered or abandoned by a municipality, and immediately prior to the surrender or abandonment the municipality was charging a fee adopted under ORS 455.210 (3) that was different from the fee authorized under ORS 455.210 (1) for the same services, the department may charge the fee adopted by the municipality for the services that the department provides under the program.
(2) Fees described in subsection (1) of this section that are charged by the department:
(a) Are subject to any surcharges described under ORS 455.210, 455.220 or 455.447; and
(b) Notwithstanding ORS 455.210, are not subject to Oregon Department of Administrative Services approval. [2013 c.528 §8]
Note:
See note under 455.185.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.198 - Fee surcharge use.

Notwithstanding any surcharge use described in ORS 455.210 (4), the Director of the Department of Consumer and Business Services may use moneys from surcharges imposed under ORS 455.210 (4) for the purpose of paying the Department of Consumer and Business Services’ costs of carrying out the administration and enforcement of the state building code within an administrative region established by the director or a geographic region established by an agreement that the director enters into under ORS 455.185. [2013 c.528 §9]
Note:
See note under 455.185.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.200 - Policies and procedures; rules; consultation with boards; reports.

The Director of the Department of Consumer and Business Services:
(1) May adopt rules, establish policies and procedures and take other actions the director considers reasonable or expedient for carrying out agreements under ORS 455.148 (13), 455.150 (13) or 455.185 and any duties, functions and powers of the director or the Department of Consumer and Business Services under ORS 455.148 (13), 455.150 (13) or 455.185 to 455.198;
(2) Shall consult at least annually with appropriate advisory boards regarding any agreements under ORS 455.185 or actions taken by the director under ORS 455.148 (13), 455.150 (13) or 455.185 to 455.198; and
(3) Shall report annually to the Legislative Assembly as provided under ORS 192.230 to 192.250 regarding any department activities under ORS 455.148 (13), 455.150 (13) or 455.185 to 455.198. The report shall include, but not be limited to, information regarding any projected need for an increase in department resources required for carrying out the administration and enforcement of building inspection programs under ORS 455.148 (13), 455.150 (13) or 455.185 to 455.198. [2013 c.528 §10]
Note:
See note under 455.185.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.204 - Ratification of contract building official’s discretionary decision.

(1) A municipality may enact or adopt an ordinance or resolution or take another legislative action to ratify the discretionary decisions that a contract building official made before January 1, 2022.
(2) If a municipality ratifies a discretionary decision that a contract building official made on behalf of the city as part of the administration and enforcement of a building inspection program before January 1, 2022, the contract building official’s discretionary decision is lawful to the same extent that the discretionary decision would be lawful if the municipality had made the discretionary decision.
(3) A permit or certificate of occupancy that a municipality ratifies under this section is presumed valid. [2021 c.599 §3]
Note:
See note under 455.202.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.206 - Building official as public official; enforcement powers of director; effect upon Oregon Government Ethics Commission of director’s determination.

(1) A building official, a contract building official, an inspector, a plan reviewer or another person that provides building inspection services under contract with a municipality is a public official for the purposes of ORS chapter 244.
(2) In addition to and not in lieu of the authority of the Oregon Government Ethics Commission, the Director of the Department of Consumer and Business Services has the authority to suspend, revoke, deny, condition or refuse to renew a license, certification or registration of a building official, contract building official, inspector, plan reviewer or other person that provides building inspection services under contract with a municipality if the director determines that the building official, contract building official, inspector, plan reviewer or other person or an owner, director, officer, manager, member or majority shareholder of the building official, contract building official, inspector, plan reviewer or other person has violated ORS 244.025, 244.040, 244.047, 244.175, 244.177 and 244.179 or has engaged in an actual conflict of interest as defined in ORS 244.020.
(3) A determination of the director under subsection (2) of this section does not bind the Oregon Government Ethics Commission. [2021 c.599 §4]
Note:
See note under 455.202.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.208 - Requirements for continued procurement of contract building official’s services.

(1) A city that intends to continue to procure services from a contract building official shall, on or after January 1, 2022:
(a) Comply with ORS 455.202; and
(b) Submit an updated operating plan to the Director of the Department of Consumer and Business Services that outlines the city’s plan for compliance with ORS 455.202.
(2) A city that does not comply with ORS 455.202 or does not submit an updated operating plan as provided in subsection (1)(b) of this section may not procure services from a contract building official unless the city’s procurement occurs for the periods and under the circumstances described in ORS 455.202 (2)(a)(A) and (B). [2021 c.599 §5]
Note:
See note under 455.202.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.230 - Use of Consumer and Business Services Fund moneys.

(1) Except as otherwise provided by law, all moneys appropriated or credited to the Consumer and Business Services Fund and received under this chapter, ORS 447.010 to 447.156, 447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to 479.945, 479.995, 480.510 to 480.670 and ORS chapter 693 hereby are appropriated continuously for and shall be used by the director for the purpose of carrying out the duties and responsibilities imposed upon the department under this chapter, ORS 446.566 to 446.646, 446.661 to 446.756, 447.010 to 447.156, 447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and ORS chapter 693.
(2) Except as otherwise provided by law, all moneys appropriated or credited to the Consumer and Business Services Fund and received under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) hereby are appropriated continuously for and shall be used by the director for the purpose of carrying out the duties and responsibilities imposed upon the department under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to 446.756, and education and training programs pertaining thereto. [Formerly 456.890; 1989 c.683 §9; 1993 c.744 §91; 2001 c.710 §10; 2003 c.655 §75a; 2017 c.364 §5]
Note:
455.230 and 455.240 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 455.240 - Revenues from sales of building codes publications; use.

(1) All revenues derived from the sale of publications of the Department of Consumer and Business Services relating to building codes shall be deposited in the Consumer and Business Services Fund.
(2) Moneys credited to the Consumer and Business Services Fund under subsection (1) of this section are continuously appropriated to the department for use as provided in ORS 455.022. [Formerly 456.910; 1993 c.744 §92; 2001 c.710 §11]
Note:
See note under 455.230.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.310 - Single-family residence repair and maintenance exempt from codes; exemption itemized.

(1) It is not the purpose of this chapter to require that permits be obtained or fees be paid for repairs and maintenance that do not violate the intent of the structural and fire and life safety specialty provisions of the State of Oregon Structural Specialty Code and the Low-Rise Residential Dwelling Code, adopted pursuant to ORS 455.020 and 455.610, ORS chapter 476, ORS 479.015 to 479.200 and 479.210 to 479.220, when such repair or maintenance is done on a single-family residence, or a private garage, carport or storage shed that is accessory to a single-family residence.
(2) Items designated by the Director of the Department of Consumer and Business Services, with the advice of the Residential and Manufactured Structures Board, shall be exempt from permits and fees required under this chapter. The director shall, pursuant to ORS chapter 183, develop and maintain an applicable list of such exempt items, which shall include, but not be limited to, concrete slabs, driveways, sidewalks, masonry repair, porches, patio covers, painting, interior wall, floor or ceiling covering, nonbearing partitions, shelving, cabinet work, gutters, downspouts, small accessory buildings, door and window replacements, replacement or repair of siding and replacement or repair of roofing. In making the list of exempt items, the director shall further define the items on the list contained in this subsection so that no item which adversely affects the structural integrity of the dwelling shall be on the list. [Formerly 456.753 and then 456.915; 1993 c.744 §93; 2003 c.675 §26; 2009 c.567 §17]
Note:
Section 8, chapter 223, Oregon Laws 2023, provides:
Sec. 8.
On or before October 1, 2025, the Department of Consumer and Business Services shall review and consider updates to the State of Oregon Structural Specialty Code through the Building Codes Structures Board established under ORS 455.132, to allow a residential occupancy to be served by a single exit, consistent with the following policies of this state:
(1) The reduction, to the extent practicable, of costs and barriers to the construction of midsize multifamily dwellings, including those offering family-size housing with sprinklers on smaller lots, while maintaining safety, public health and the general welfare with respect to construction and occupancy.
(2) Encouraging a variety of less expensive housing types that allow single-exit residential buildings under certain circumstances consistent with other adopted building codes.
(3) In adopting or considering updates to the building code under this section, the department shall consider regional variation in firefighting capacity and equipment and may make amendments to the code contingent upon a certification by a local fire official that the municipality has sufficient firefighting capacity and equipment. [2023 c.223 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 455 - Building Code › Section 455.312 - Exemption from code of structures for out-of-state delivery; loss of exemption.

(1) Except as provided in subsection (2) of this section, if the manufacturer intends a structure manufactured in this state to be for delivery in another state, the Director of the Department of Consumer and Business Services may not require that:
(a) The structure conform to the state building code.
(b) An inspector provide plan approvals and inspections pursuant to ORS 455.715 to 455.740.
(c) A person licensed under ORS 479.630, 693.060 or 693.103 perform electrical or plumbing installations in the structure.
(2) If a structure described in subsection (1) of this section is delivered in or relocated to this state, the structure shall cease to qualify for the exemption described in subsection (1) of this section. A person renting, leasing, selling, exchanging or installing the structure, or offering the structure for rent, lease, sale, exchange or installation, shall:
(a) Ensure that the structure is in conformance with the state building code;
(b) Ensure compliance with plan review and inspection requirements for the structure as determined by the building official; and
(c) Ensure that the structure is in compliance with applicable licensing laws.
(3) Subsection (1) of this section does not apply to a manufactured dwelling that is subject to ORS 446.155 to 446.200, or upon which additions, conversions or alterations of installations of equipment or material are made. [2005 c.310 §2; 2005 c.758 §42b; 2019 c.422 §20]
Note:
455.312 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.