reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0005 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 813, division 300, is promulgated to accomplish the general
				purposes of ORS 315.271 and
				458.670 through
				458.700, as they pertain to the
				Housing and Community Services Department and its supervision of individual
				development accounts ("IDAs"). These statutes, among other things, authorize
				the creation of IDAs between lower income account holders and authorized
				fiduciary organizations. Through these IDAs, account holders may deposit funds
				into an FDIC-insured or NCUA-insured financial institution account, to
				accumulate assets that may be used by account holders in a manner consistent
				with personal development plans developed in conjunction with their
				participating fiduciary organization. The fiduciary organizations, in turn,
				deposit IDA matching funds toward each corresponding IDA in an account
				designated for the benefit of IDA account holders to augment account holder
				assets upon successful completion of IDA requirements. The fiduciary
				organizations also provide their expertise in coordination of the personal
				development plans. Fiduciary organizations primarily obtain matching funds from
				contributions made to the Oregon IDA program (the "Oregon IDA Initiative").
				These contributions to the Oregon IDA Initiative may qualify the contributor
				for a tax credit under ORS
				315.271
Statutory/Other Authority: ORS
				  456.555, ORS
				  456.625 & ORS
				  458.700
Statutes/Other Implemented: ORS
				  458.700, ORS
				  315.271 & ORS
				  458.670 -
				  458.700
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0020 - Fiduciary Organization Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department or its designee from time
			 to time may solicit applications from entities desiring to be authorized as
			 fiduciary organizations. The Department or its designee, in its sole
			 discretion, may choose to consider for approval only proposed fiduciary
			 organizations identified in applications received in response to such
			 solicitations. The Department, in its sole discretion, also may approve
			 fiduciary organizations on its own initiative or consider for approval proposed
			 fiduciary organizations identified in applications received outside of a
			 Department or its designee solicitation.
(2) All applications for approval of a
			 proposed fiduciary organization shall be in writing to the Department or its
			 designee in such form and with such content as the Department or its designee
			 may require. In addition to any other information required by the Department or
			 its designee, an application must include the following:
(a) The name, address, telephone number,
			 email address, and tax identification number of the proposed fiduciary
			 organization, and the key program contact person;
(b) A description of the proposed fiduciary
			 organization, its officers, and ownership structure;
(c) Copies of the organic documents of the
			 proposed fiduciary organization and proof, satisfactory to the Department or
			 its designee, that such organization is in good standing and is authorized to
			 transact business in the State of Oregon;
(d) A statement of the proposed fiduciary
			 organization's capacity to act as a fiduciary organization, including relevant
			 experience;
(e) A description of
			 the geographic area to be served;
(f) A description of the key personnel who
			 will specifically administer the individual development account program in the
			 proposed fiduciary organization;
(g) The proposed program plan of the proposed
			 fiduciary organization;
(h) A
			 description of proposed third-party contractors and others, if any, by which
			 the proposed fiduciary organization intends to accomplish program plan
			 responsibilities;
(i) Signed
			 agreements with one or more financial institutions to hold and operate
			 individual development accounts;
(j) The entity's proposed program plan budget
			 through the entity's first full fiscal year of its program plan identifying, at
			 a minimum, projected revenues and expenses.
(k) If applicable, an application for
			 supplemental funding from the Department or its designee for the period of the
			 proposed program plan budget.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0030 - Fiduciary Organization Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In reviewing applications for
			 authorization as a fiduciary organization, the Department or its designee shall
			 consider the following factors:
(a) The
			 ability of the prospective fiduciary organization to implement and administer
			 the individual development account program, including the ability to verify
			 account holder eligibility, certify that matching deposits are used only for
			 approved purposes and exercise general fiscal accountability;
(b) The capacity of the prospective fiduciary
			 organization to provide appropriate support services and general assistance to
			 advance account holder self-reliance; and
(c) The links that the prospective fiduciary
			 organization has to other activities and programs designed to increase the
			 independence of this state's lower income households through education and
			 training, home ownership and small business development.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0050 - Fiduciary Organization Selection of Account Holders and Designated Beneficiaries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 fiduciary organization must establish an application process for potential
			 account holders and designated beneficiaries satisfactory to the Department or
			 its designee. At a minimum, the application process must accomplish the
			 following objectives:
(a) Verify the
			 eligibility of each prospective account holder and of any prospective
			 designated beneficiary;
(b) Assist
			 each selected account holder and designated beneficiary, if any, to prepare an
			 appropriate personal development plan;
(c) Execute an IDA with each selected account
			 holder;
(d) Engage a financial
			 organization for maintenance of appropriate IDA accounts; and,
(e) Assure the collection of other
			 information necessary for appropriate record keeping and reporting
			 requirements.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0060 - Fiduciary Organization Suspension or Revocation of Account Holder Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to
			 these rules, fiduciary organizations, for cause, may suspend or revoke a
			 person's status as an account holder or designated beneficiary and may suspend
			 or revoke any related IDA and personal development plan.
(2) Factors that fiduciary organizations may
			 consider as sufficient cause for any such suspension or revocation include the
			 following:
(a) If an account holder or
			 designated beneficiary is no longer a resident of Oregon or is otherwise unable
			 to continue in the personal development program;
(b) A material misrepresentation or omission
			 by the account holder or designated beneficiary to the fiduciary organization
			 in the application or otherwise;
(c) A material failure by the account holder
			 or designated beneficiary to comply with applicable law, these rules, orders or
			 directives of the Department or its designee, the terms of the IDA or the terms
			 of the personal development plan;
(d) Ineligibility of the account holder or
			 designated beneficiary; and
(e)
			 Failure by the account holder or designated beneficiary to cooperate reasonably
			 with the fiduciary organization or its third-party contractors or other
			 partners in the performance or evaluation of the personal development plan or
			 in the performance, evaluation, or audit of the IDA and the funds related
			 thereto.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0070 - Fiduciary Organization Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Fiduciary organizations may solicit contributions and otherwise generate
			 funding to finance their operations and to effectuate their program
			 plan.
(2) Fiduciary organizations
			 may apply to the Department or its designee for supplemental funding.
			 Applications for supplemental funding must be in form, timing, and content
			 satisfactory to the Department or its designee.
(3) The Department or its designee may
			 provide supplemental funding and the conditions thereof in response to such
			 applications, or on its own initiative, as the Department deems appropriate. In
			 making supplemental funding determinations the Department or its designee may
			 consider factors including, but not limited to the following:
(a) The financial need of the fiduciary
			 organization;
(b) The progress of
			 the fiduciary organization in implementing its program plan;
(c) Factors relevant to the Department's or
			 designee's review of the fiduciary organization's application for
			 authorization;
(d) The fiduciary
			 organization's own fundraising efforts;
(e) The availability of Department or its
			 designee funds for this purpose; and
(f) The need for services in the area
			 addressed by the fiduciary organization.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0080 - Fiduciary Organization Use of Tax Credit Contributions and Supplemental Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Oregon
			 individual development account tax credit contributions to fiduciary
			 organizations and any supplemental funds from the Department or its designee to
			 fiduciary organizations must be used by fiduciary organizations solely for
			 reasonable and documented program plan purposes consistent with these
			 rules.
(2) In addition to any other
			 limitations on supplemental funds imposed by the Department or its designee
			 when providing such supplemental funds to fiduciary organizations, the
			 following limitations apply to the use of tax credit contributions and
			 supplemental funds:
(a) Fiduciary
			 organizations only may expend tax credit contributions and supplemental funds
			 in a manner consistent with their budget as approved by the Department or its
			 designee;
(b) Fiduciary
			 organizations may expend up to an amount authorized in writing by the
			 Department and its designee for reimbursement of reasonable and appropriate
			 administrative and program operational costs;
(c) The ultimate determination of reasonable
			 and appropriate is reserved to the Department in its sole discretion;
(d) Fiduciary organizations may not expend
			 supplemental funds for administering the solicitation of tax credit
			 contributions;
(e) Fiduciary
			 organizations may expend tax credit contributions and supplemental funds for
			 appropriate matching of account holder IDA deposits as specified in ORS
			 458.690 (1).
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0090 - Fiduciary Financial Controls; Audit and Repayment Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fiduciary
			 organizations, third-party contractors and other program plan partners shall
			 maintain appropriate financial controls, acceptable to the Department and its
			 designee and using generally accepted accounting principles, in the receipt and
			 expenditure of tax credit contributions and supplemental funds.
(2) Fiduciary organizations by contract shall
			 require third-party contractors and other program plan partners to maintain
			 appropriate financial controls acceptable to the fiduciary organization and to
			 the Department and its designee.
(3) Fiduciary organizations, third-party
			 contractors and other program plan partners only shall charge reasonable and
			 necessary costs to the program plan consistent with the approved program plan
			 budget.
(4) All costs charged to
			 the program plan by a fiduciary organization, third-party contractors, and
			 other program plan partners shall be supported properly by vouchers and other
			 records satisfactory to the Department and its designee that indicate in proper
			 detail the nature and propriety of the costs.
(5) Fiduciary organizations, third-party
			 contractors and other program plan partners shall cooperate fully with all
			 audits of them by the Department and its designee, the Office of the Secretary
			 of State or the Department of Justice with respect to relevant program
			 plans.
(6) Fiduciary organizations
			 are responsible to the Department or its designee for the immediate repayment
			 of all unused or improperly expended tax credit contributions and supplemental
			 funds.
(7) Fiduciary organizations
			 and any relevant third-party contractor or other program plan partner are
			 jointly and severally responsible to the Department or its designee for the
			 immediate repayment of all tax credit contributions and supplemental funds
			 improperly retained or improperly expended by any such third-party contractor
			 or other program plan partner of a fiduciary organization.
Statutory/Other Authority: ORS
				  456.555, ORS
				  456.625 & ORS
				  458.700
Statutes/Other Implemented: ORS
				  315.271 & ORS
				  458.670 -
				  458.700
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0100 - Fiduciary Organization Records and Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fiduciary
			 organizations shall prepare and maintain appropriate, accurate and complete
			 program plan record-keeping systems and records satisfactory to the Department
			 and its designee. Such record-keeping systems also must cover and include
			 records generated by third-party contractors and other program plan
			 partners.
(2) A fiduciary
			 organization must maintain separate files for each account holder that, at a
			 minimum, includes the following records:
(a)
			 Documentation of income eligibility;
(b) The personal development plan;
(c) The account information for the
			 IDA;
(d) Documentation of Oregon
			 state residency;
(e) Records of the
			 account holder's IDA savings account balance at the time of each matched
			 withdrawal, and other financial information necessary for the determination of
			 eligibility for matching IDA funds;
(f) Evidence of training received;
(g) Documentation of any determination with
			 respect to the eligibility status of the account holder or any
			 beneficiaries;
(h) Documentation of
			 any exit interviews; and
(i) Any
			 other information required by the Department or its designee.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0110 - Account Holder and Beneficiary Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be an account holder, eligible persons
			 must apply to a fiduciary organization authorized by the Department or its
			 designee and in a manner established by the fiduciary organization as approved
			 by the Department or its designee.
(2) Persons selected to be account holders
			 must execute an IDA with their fiduciary organization and, as necessary, with a
			 financial institution, in form and content satisfactory to the Department or
			 its designee before they may act as account holders.
(3) Account holders and beneficiaries at all
			 times must comply with applicable law, these rules, applicable orders and
			 directives of the Department or its designee and their fiduciary organization,
			 the provisions of their IDA, and their personal development plan.
(4) Account holders at all times must be
			 residents of the state of Oregon. When the account is opened, the applicant to
			 become an account holder must be a member of a lower income
			 household.
(5) Account holders,
			 upon request by the Department or its designee or their fiduciary organization,
			 and as otherwise required by the terms of their IDA, must provide evidence
			 satisfactory to the Department or its designee and to their fiduciary
			 organization that they and any beneficiaries qualify by residence, income, and
			 age (if applicable) to be account holders or beneficiaries.
(6) Account holders, upon request by the
			 Department or its designee or their fiduciary organization, and as otherwise
			 required by the terms of their IDA, must provide evidence satisfactory to the
			 Department or its designee and to their fiduciary organization that they and
			 any beneficiaries are complying with the terms of their IDA and its associated
			 personal development plan.
(7)
			 Account holders and their beneficiaries must cooperate fully with the
			 Department and its designee and their own fiduciary organization in any review
			 or audit of the IDA, of their personal development plan, or of their
			 eligibility.
Statutory/Other Authority: ORS
				  456.555,
				  456.625 & 458.700
Statutes/Other Implemented: ORS
				  315.271 & 458.670 -
				  458.700
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0120 - Account Holder Use of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Account holders only may withdraw and use IDA matching deposits as approved by their fiduciary organization, in a manner consistent with their IDA, the relevant personal development plan, ORS 458.685, these rules and any relevant directives of the Department and its designee.
(2) Account holders only may withdraw and use IDA matching deposits for the purposes identified in ORS 458.685 (a)-(n), and as additionally specified below:
(a) If the account holder has established an account for the acquisition of post-secondary education or job training, the account holder may withdraw, or authorize the withdrawal of funds, including matching deposits, into a college savings network account under ORS 178.300 to 178.360. The rollover of moneys into a college savings network account under this subsection may not cause the amount in the college savings network account to exceed the limit on total contributions established pursuant to ORS 178.335. Any amount of the rollover that has been subtracted on the taxpayer's federal return pursuant to section  219 of the Internal Revenue Code shall be added back in the determination of taxable income.
(b) For the purchase of equipment, technology, or specialized training required to become competitive in obtaining or maintaining employment or to start or maintain a business, or to increase the independence of an account holder. This use includes purchase of mobility devices and other assistive technology.
(c) If the account holder has established an account for the purpose of saving for retirement, the account holder may withdraw or authorize the withdrawal of funds, including matching deposits and interest into an individual retirement account, a retirement plan, or a similar account or plan established pursuant to the terms of The Internal Revenue Code of 1986, as amended. Any amount of the rollover that has been subtracted on the taxpayer's federal return pursuant to section  219 of the Internal Revenue Code shall be added back in the determination of taxable income.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0130 - Voluntary Revocation of Fiduciary Organization Role

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any fiduciary organization may request
			 the consent of the Department and its designee to revocation of the fiduciary
			 organization's program plan and its authorization as a fiduciary organization
			 by giving written notice of such request at least 30 days prior to the
			 requested date of revocation.
(2)
			 In determining whether or not to provide its consent to revocation of
			 authorization of a fiduciary organization, the Department and its designee may
			 consider factors including, but not limited to the following:
(a) The financial and organizational capacity
			 of the fiduciary organization to continue;
(b) The impact of the revocation upon account
			 holders and designated beneficiaries;
(c) The past performance of the fiduciary
			 organization;
(d) The current
			 eligibility of the fiduciary organization;
(e) The ability and willingness of the
			 fiduciary organization to transfer account holder IDAs and related personal
			 development plans, and the management and funding of same, to other fiduciary
			 organizations;
(f) The ability and
			 willingness of the fiduciary organization to transfer tax credit contributions,
			 supplemental funds, and other moneys to other fiduciary organizations in
			 support of the transfer of account holder IDAs and related personal development
			 plans;
(g) Whether or not the
			 fiduciary organization has delivered to the Department or its designee any
			 unused tax credit contributions, supplemental funds and any other
			 moneys.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0140 - Financial Institutions

Current through Register Vol. 63, No. 7, July 1, 2024
Financial Institutions shall secure and maintain IDA deposits
				in accordance with law and the terms of the applicable IDA.
Stat. Auth.: ORS
				  456.555, ORS
				  456.625, ORS
				  458.700.
Stats. Implemented: ORS
				  315.271, ORS
				  458.670 - ORS
				  458.700.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0150 - Tax Credit Contributor

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Contributions to the Oregon IDA Initiative approved by the Department or its
			 designee may qualify for an Oregon IDA tax credit.
(2) The percentage of tax credit to be
			 awarded to taxpayers is determined by the Department following consideration of
			 a recommendation by the Department's designee and input from the fiduciary
			 organization if appliable. In making such a determination, the Department or
			 its designee may consider any factors that it deems appropriate, including but
			 not limited to:
(a) The availability of the
			 Oregon IDA Tax Credit; and
(b) The
			 nature and value of the contribution.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0170 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Account holders
			 and designated beneficiaries aggrieved by any decision of a fiduciary
			 organization to suspend or revoke the account holder's IDA, any decision by the
			 fiduciary organization to suspend or revoke a personal development plan, any
			 decision by the fiduciary organization to withdraw matching IDA deposits may
			 request administrative review by the Department or its designee.
(2) The request for administrative review
			 must be in writing, stating the nature of the decision, the reasons why the
			 aggrieved party disagrees with the decision, and the nature of the requested
			 relief.
(3) The request for
			 administrative review must be delivered to the Department or its designee
			 within thirty (30) days from the date that the aggrieved party receives written
			 notice of the decision by the fiduciary organization. The aggrieved party
			 simultaneously shall provide a copy of the request for administrative review to
			 the fiduciary organization.
(4)
			 Upon receipt of an appropriate request for administrative review, the
			 Department or its designee will make such investigation of the matter as it
			 determines to be appropriate. In making any such investigation, the Department
			 or its designee may require and receive from the parties or other participants
			 in the program plan any additional information or require such other
			 proceedings as it deems appropriate.
(5) The Department or its designee will
			 provide its written determination on the request for administrative review
			 following the completion of its investigation. The Department or its designee
			 also may issue such preliminary orders as it deems appropriate pending the
			 issuance of its written determination.
(6) In its written determination, or in any
			 preliminary order, the Department or its designee may reverse, revise, stay, or
			 approve the decision at issue made by the fiduciary organization.
(7) The Department or its designee also may
			 enforce its written determinations and preliminary orders by such action as it
			 deems appropriate.
Statutory/Other Authority: ORS
				  456.555, ORS
				  456.625 & ORS
				  458.700
Statutes/Other Implemented: ORS
				  315.271 & ORS
				  458.670 -
				  458.700
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 300 - INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA) › Section 813-300-0180

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  456.555, ORS
				  456.625, ORS
				  458.700.
Stats. Implemented: ORS
				  315.271, ORS
				  458.670 - ORS
				  458.700.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0005 - Purpose and Objective

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 310 is promulgated to accomplish the
				general purposes of ORS
				456.506 through
				456.514, visitability
				requirements for subsidized development.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0010 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules apply to the new construction of one or more rental
				housing units receiving development subsidies from the Department as described
				in ORS 456.508(7).
				Covered housing units include Department subsidized townhouses as well as other
				forms of rental housing. These rules also apply to group homes. These rules do
				not apply to homeownership housing, to farmworker housing located on a farm or
				to the acquisition, alteration, renovation or remodeling of existing
				structures. The visitability requirements are not the same as federal, or state
				accessibility or adaptability requirements.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0015 - Federal and State Requirements Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
Where other state and federal accessibility requirements apply,
				including but not limited to the Americans with Disabilities Act requirements,
				that differ from these visitability requirements and both apply to a subsidized
				development project, the more stringent requirements shall control. It should
				be noted that there are other accessibility requirements established in state
				and federal law. Chief among these are the
Oregon Structural Speciality
				Code
, and when applicable, the Americans with Disabilities Act or
				Uniform Federal Accessibility Standards. Pursuant to state code requirements,
				public and common use areas and facilities such as recreational facilities,
				laundry facilities, garbage and recycling collection areas, mailbox locations,
				lobbies, foyers and management offices shall be accessible in applicable
				multifamily housing. (chapter 11, division I - Building Accessibility, New
				Construction, Group R Occupancies, Section 1106.1.10-General, Oregon Structural
				Speciality Code).
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0025 - Visitability Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in ORS
				456.513 and consistent with
				these rules, the Department may not provide funding for the development of new
				rental housing that is a subsidized development unless:
(1) Each dwelling unit of the housing meets
			 the following requirements:
(a) At least one
			 visitable exterior route leading to a dwelling unit entrance that is stepless
			 and has a minimum clearance of 32 inches.
(b) One or more visitable routes between the
			 visitable dwelling unit entrance and a visitable common living space.
(c) At least one visitable common living
			 space.
(d) One or more visitable
			 routes between the dwelling unit entrance and a powder room.
(e) A powder room doorway that is stepless
			 and has a minumum clearance of 32 inches.
(f) A powder room with walls that are
			 reinforced in a manner suitable for handrail installation. For purposes of this
			 paragraph, handrail means grab bar.
(g) Light switches, electrical outlets and
			 environmental controls that are at a reachable height.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0030 - Community Powder Room

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided by subsection (2) of this section, the required community powder
			 room shall be available for use 24-hours per day, 7 days per week. This
			 availability may be provided by on-site or on-call staff, through the use of
			 keys, keypads or electronic code locks, or by other means, as approved by the
			 Department.
(2) Group homes are
			 exempt from the community powder room requirements.
(3) A subsidized development shall also be
			 exempt from the requirement to make the required community powder room
			 available for use 24-hours per day if justification is provided to the
			 Department demonstrating that all of the visitable units in the development
			 include an adaptable powder room that meets the requirements of OAR
			 813-310-0025  and also has at least one grab bar. The grab bar shall be
			 installed on the wall beside the toilet and shall meet ADA standards as of July
			 1, 2004, for proper installation, diameter and length. (In considering whether
			 all the units of a subsidized development have met the provisions of this
			 subsection, the Department will exclude units that have already been given a
			 full exemption from the powder room visitability requirements.) In addition to
			 providing adaptable powder rooms in visitable units, an applicant requesting
			 this exemption shall provide a list to OHCS of the hours that the community
			 powder room will be available. Where the Department grants an exemption under
			 this provision, the Department shall encourage that subsidized development to
			 provide access upon request to any community powder room, where
			 feasible.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0035 - Visitable Exterior Route Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Each visitable unit must be connected to common use areas (such
				as parking, lobbies, mailboxes, management offices, recreational facilities,
				laundries and garbage and recycling areas) by a visitable exterior
				route.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0040 - Walk, Ramp, Handrail and Curb Ramp Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
To satisfy the visitability requirements of this division,
				relevant walks, ramps, handrails and curbs must meet requirements as
				follows:
(1) Walks. Walks along a
			 visitable exterior route shall meet the following criteria:
(a) Width. The minimum clear width of a walk
			 shall not be less than 36 inches.
(b) Slope and Rise. The slope of a walk shall
			 not exceed one unit vertical in 20 units horizontal (5% slope).
(c) Cross Slope. The cross slope of a walk
			 shall not exceed one unit vertical in 33 units horizontal (3% slope).
(d) Edge Protection. Along a visitable
			 exterior route, a continuous 2 inch high curb shall be required on both sides
			 of walks that are 12 inches or higher above the adjacent grade. This applies to
			 both flat and sloped portions of walks, regardless of size, as well as flat
			 areas such as plazas and courts. Along a sloped walk, a portion of which
			 requires a curb, the height of the curb shall gradually taper until the walk is
			 no higher than 2 inches above adjacent grade.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0045 - Visitable Exterior Unit Entrance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Visitable exterior unit entrances to dwelling units shall meet
				the following criteria:
(1) Adjacent
			 Surfaces. Each visitable entrance shall have a flat surface immediately
			 adjacent to and level with the entrance. On the exterior, the surface may be
			 sloped for drainage at a rate of no greater than 1 unit vertical to 50 units
			 horizontal (2% slope). The surface shall be at least 36 inches wide. It shall
			 be at least 48 inches deep in the direction of travel on the push side of the
			 door and not less than 60 inches deep in the direction of travel on the pull
			 side of the door. Where the door is not in the direction of travel, the minimum
			 size of the flat surface shall be 60 inches by 60 inches.
(2) Exterior Door Width. An exterior door
			 shall have a clear opening of at least 32 inches.
(3) Threshold. The maximum threshold height
			 shall be 3/4 inch for exterior sliding doors and 1/2 inch for all other
			 exterior doors. The threshold shall be beveled down to the adjacent surface at
			 a slope not steeper than 1:2.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0050 - Visitable Interior Route and Doorway Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hallways along a visitable route shall
			 have a minimum clearance of 36 inches, and doorways along that route shall have
			 a minimum clearance of 32 inches.
(2) The maximum threshold height for
			 visitable interior doors shall be 1/2 inch. The threshold shall be beveled down
			 to the adjacent surface at a slope not steeper than 1:2.
(3) The visitable powder room doorway shall
			 have either an exterior swing door, a pocket door, or an interior swing door.
			 An exterior swing door shall not block access along the visitable interior
			 route, in the Department's determination. An interior swing door shall not
			 block the reasonable use of the fixtures in the powder room, in the
			 Department's determination.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0055 - Light Switches, Electrical Outlets and Environmental Control Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Light switches, electrical outlets and environmental controls
				in the dwelling units shall be installed no lower than 15 inches, or any higher
				than 48 inches, above the adjacent floor level.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0060 - Group Home Visitability Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Group homes are generally considered to be a single unit.
				Consequently, as with a single unit, these rules require only one visitable
				exterior route, one visitable entrance, and one powder room with a visitable
				interior route and a visitable doorway for a group home. The shared space in a
				group home is not considered to be a shared community room as defined in OAR
				813-310-0020(15)  and is not subject to the visitability and availability
				requirements outlined in 813-310-0025(1)(b)  and 813-310-0030  for shared
				community rooms.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0065 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall exempt new rental housing that is a
				subsidized development from compliance with the requirements of OAR 813-310 if
				the Department determines that the exemption is warranted by:
(1) The topography at the construction site.
			 An exemption or partial exemption from these rules may be considered where
			 topography or other considerations (flood plains, conservation areas) are
			 determined by the Department to make compliance impracticable. Undue expense
			 resulting from adjustments to accepted construction methods arising from
			 specific site conditions might also qualify for an exemption. For example,
			 providing both an exterior visitable route and adequate drainage at the
			 building perimeter on a flat site may require unusual foundation design that
			 unreasonably adds to project cost.
(2) Community and design standards. Community
			 and design standards, refer to local government development codes or to
			 previously adopted and binding CCRs (covenants, conditions and restrictions).
			 They do not refer to neighborhood or project management design preferences.
			 Where possible, projects should adapt to meet the community and design
			 standards and all visitability requirements. If new community and design
			 standards are imposed after a project has already been submitted for funding by
			 the Department and the Department determines that the new standards conflict
			 with the visitability requirements of this division, an exemption may be
			 granted for the project.
(3) Undue
			 costs or constraints (see the definitions at OAR 813-310-0020(19) and (20));
			 or
(4) Conflicting funding
			 requirements of another government agency if the agency contributes a
			 significant amount of financial aid for the housing (see the definition at OAR
			 813-310-0020(16)).
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0070 - Application for Exemptions from Visitability Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To request an exemption from any rule
			 under Chapter 813-310, the applicant must complete an OHCS Exemption Request
			 Form. Exemption Request Forms may be obtained by contacting the OHCS Housing
			 Resources Section. They are also available on the OHCS website at:
			 http://www.hcs.state.or.us/ [File Link Not Available].
(2) In requesting an exemption, an applicant
			 must list the category of each visitability exemption as described in OAR
			 813-310-0080  and must submit a written statement providing thorough
			 justification about why each exemption is needed. An applicant may seek
			 exemption pursuant to more than one exemption category. Consistent with the
			 category of the requested exemption or exemptions, the written statement should
			 include information regarding topographic conditions, community and design
			 standards, construction costs, constraints, sources of funding or other matters
			 as necessary to adequately describe the circumstances relating to the exemption
			 request. If the exemption request is based upon design standards, the written
			 statement shall address whether it would be reasonably possible to obtain from
			 the local government an exemption from the local design standard. In addition,
			 the statement shall indicate whether the applicant is seeking a full or partial
			 exemption.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0075 - Approval or Disapproval of Requested Visitability Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may grant exemptions to the visitability requirement of this division in a
			 manner and to a degree consistent with these rules, acting on its own
			 initiative or at the request of an applicant for a development
			 subsidy.
(2) The final approval of
			 an exemption or partial exemption request may be given for more or less than
			 requested. Partial exemptions may be granted as follows:
(a) Partial exemption from meeting all of the
			 visitability requirements. The Department may grant an exemption for one aspect
			 of the visitability requirements without granting exemption from other
			 visitability requirements. For example, an exemption from exterior visitability
			 requirements may be granted for topographical reasons, without exempting
			 interior visitability requirements.
(b) Partial exemption from full compliance
			 with visitability requirements -- The Department may grant a partial exemption
			 from full compliance with any visitability requirement. For example, a ramp
			 that cannot meet the visitability standard may be given a partial exemption
			 that still requires the ramp to meet a certain standard which in the
			 determination of the Department is the best that can be achieved under the
			 circumstances.
(c) Partial
			 exemption for one or more units. The Department may grant an exemption or
			 partial exemption for one or more of the units in a development. For example,
			 it may be that one unit in a development requires an exemption while others do
			 not merit such an exemption.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0080 - Classifying Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
For administrative purposes including without limitation, for
				purposes of justification, record keeping and analysis of exemptions, the
				Department may classify exemptions into the following categories, or
				combination of such categories:
(1)
			 Topography.
(2) Funding
			 conflicts.
(3) Undue
			 cost.
(4) Undue
			 constraint.
(5) Initial project
			 rejection (see OAR 813-310-0095).
(6) Community and design standards.
(7) With regard to the availability of the
			 community powder room, the provision of adaptable powder rooms with grab bars
			 in each visitable unit.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0085 - Exemption Request Timing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Exemptions may be requested by an applicant or allowed by the Department at any
			 time during the development of a project prior to the issuance of a certificate
			 of occupancy. The Department encourages exemption requests prior to the
			 submittal of Consolidated Funding Cycle applications as this enables more
			 realistic budgeting. However, this may not always be possible. For example, a
			 city may impose a design standard through the plan review process after the
			 Consolidated Funding Cycle awards have been made.
(2) An exception to this timing deadline will
			 be allowed to request an exemption from the 24-hour availability requirement
			 for a community powder room, as there may be operational issues that arise
			 after occupancy that were not considered during the design or building stages
			 of the project. Such an exemption request may be made and considered at any
			 time during the life of the project.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0090 - Good Faith

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant who requests an exemption from the requirements of
				these rules must act in good faith in making the request and in performing any
				action prior to and related to the request, including the creation of the
				conditions that support the need or justification for an
				exemption.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0095 - Exemption for Funding Rejection Prior to July 1, 2004; Continued Funding

Current through Register Vol. 63, No. 7, July 1, 2024
Until July 1, 2006, the Department may exempt projects that
				were submitted and rejected for Consolidated Funding Cycle funding prior to the
				effective date of these rules, July 1, 2004, if compliance with these rules
				would add significant cost to development of the re-submitted project. The
				Department may continue to provide funding after July 1, 2006, to complete any
				project approved for funding prior to July 1, 2006.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514