2021 Oregon Revised Statutes
Chapter 455 - Building Code
Section 455.153 - Municipal authority to administer specialty code or building requirements; effect on jurisdiction of agencies.


(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.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 455 - Building Code

Section 455.010 - Definitions for ORS chapter 455.

Section 455.015 - Legislative findings.

Section 455.020 - Purpose; scope of application; exceptions; scope of rules; fees by rule.

Section 455.022 - Appropriation of program fees established by department rule.

Section 455.028 - Interagency agreements.

Section 455.030 - Rulemaking; notice; content; code distribution; amendment process.

Section 455.035 - Effective date of rules.

Section 455.040 - State building code preempts local ordinances and rules; exemptions; criteria.

Section 455.042 - State building code administrative regions.

Section 455.044 - Tri-County Building Industry Service Center; fees.

Section 455.046 - Installation labels; standardized forms and procedures; use of Tri-County Building Industry Service Center resources.

Section 455.048 - Rules.

Section 455.050 - Building permits; content.

Section 455.055 - Uniform permit, inspection and certificate of occupancy requirements; rules.

Section 455.058 - Investigation fee for work commenced without permit; rules.

Section 455.060 - Rulings on acceptability of material, design or method of construction; effect of approval; fees.

Section 455.062 - Provision of typical drawings and specifications.

Section 455.065 - Alternative regulatory options for emerging technologies; rules.

Section 455.068 - Applicability of construction standards to winery.

Section 455.070 - Report of suspected code violation; rules; form; appeal.

Section 455.080 - Inspector may require proof of compliance.

Section 455.083 - Enjoining violations of state building code.

Section 455.085 - Publication; readability; funding.

Section 455.090 - Building codes information and services system or network.

Section 455.093 - Definition for ORS 455.095, 455.097 and 455.185.

Section 455.095 - Electronic access to building code and construction-related information and services.

Section 455.097 - Electronic access system development and implementation; uniform form and format for electronic exchange of building program and construction-related service information; waiver of contrary form and format requirements; rules.

Section 455.098 - Minimum standards and statewide consistency in electronic processes; rules.

Section 455.110 - Other duties of director; rules.

Section 455.112 - Elimination of unclear, duplicative, conflicting or inadequate provisions; rules.

Section 455.117 - Adoption of rules governing licensing, certification or registration.

Section 455.122 - Combinations of licenses; rules.

Section 455.125 - Denial, suspension, conditioning or revocation of license, certificate, registration or other authorization.

Section 455.127 - Disqualification from obtaining license, registration, certificate or certification.

Section 455.129 - Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application.

Section 455.132 - Building Codes Structures Board; duties; membership.

Section 455.135 - Residential and Manufactured Structures Board; duties; membership.

Section 455.138 - Electrical and Elevator Board; duties; membership.

Section 455.140 - Mechanical Board; duties; membership.

Section 455.144 - Terms; compensation; positions; quorum; rules; removal of members; confirmation.

Section 455.146 - Frequency of board meetings.

Section 455.148 - Comprehensive municipal building inspection programs; building officials and contract building officials; rules; program duration, plan, failure, abandonment and resumption.

Section 455.150 - Selective municipal building inspection programs; building officials and contract building officials; rules; program duration, plan, failure and abandonment; limitation on program resumption.

Section 455.152 - Objections to municipal assumption of building inspection program.

Section 455.153 - Municipal authority to administer specialty code or building requirements; effect on jurisdiction of agencies.

Section 455.154 - Alternative permit and inspection program.

Section 455.155 - Statewide permit and inspection system for minor construction work.

Section 455.156 - Municipal investigation and enforcement of certain violations; notice of civil penalty; department to develop programs; defense for violation of building inspection program.

Section 455.157 - Process for municipal imposition of monetary penalties.

Section 455.158 - Verification of required license prior to issuance of permit.

Section 455.160 - Failure to provide timely inspections or plan reviews prohibited; demand; mandamus.

Section 455.165 - Standards for building codes information collected and maintained by municipalities; rules.

Section 455.170 - Director delegation of certain duties; fees.

Section 455.175 - Restriction on city or county refusal of building permit in residential subdivision.

Section 455.180 - Restriction on city or county refusal to issue building permit.

Section 455.185 - Agreements for full, divided, mutual or joint administration and enforcement.

Section 455.188 - Fee revenue generated under agreement.

Section 455.192 - Staffing and other resources for building code administration and enforcement.

Section 455.195 - Fees charged following surrender or abandonment of municipal building inspection program.

Section 455.198 - Fee surcharge use.

Section 455.200 - Policies and procedures; rules; consultation with boards; reports.

Section 455.202 - Definitions; procurement of contract building official; duties; establishment of local board; appeal rights; independent auditor; powers of director.

Section 455.204 - Ratification of contract building official’s discretionary decision.

Section 455.206 - Building official as public official; enforcement powers of director; effect upon Oregon Government Ethics Commission of director’s determination.

Section 455.208 - Requirements for continued procurement of contract building official’s services.

Section 455.210 - Fees; appeal of fees; surcharge; reduced fees; rules.

Section 455.220 - Surcharge on building permit fees; collection; deposit; use.

Section 455.230 - Use of Consumer and Business Services Fund moneys.

Section 455.240 - Revenues from sales of building codes publications; use.

Section 455.310 - Single-family residence repair and maintenance exempt from codes; exemption itemized.

Section 455.312 - Exemption from code of structures for out-of-state delivery; loss of exemption.

Section 455.315 - Exemption of agricultural buildings, agricultural grading, equine facilities and dog training facilities.

Section 455.320 - Owner-built dwellings exempt from certain structural code provisions; recording of exemption.

Section 455.325 - Definitions for ORS 455.325 to 455.350.

Section 455.330 - Counties authorized to exempt owner-built dwellings in rural areas from structural code.

Section 455.335 - Rural areas to be mapped; building permit issuance for exempt dwellings limited.

Section 455.340 - Code requirements to which exemption may not apply.

Section 455.345 - Permit, fee, plan check and inspection provisions apply; notice of noncompliance to owner-builder; recording of notice; notice to purchasers.

Section 455.350 - Purchaser’s remedies.

Section 455.355 - Rules governing mercury thermostats.

Section 455.360 - Carbon monoxide alarms.

Section 455.365 - Radon mitigation standards.

Section 455.380 - Department as final authority on agriculture workforce housing; rules; fees.

Section 455.390 - Definitions for ORS 455.020, 455.390, 455.395 and 455.400.

Section 455.395 - Admissibility of data or agreements as evidence; immunity from certain causes of action.

Section 455.400 - Effect of seismic rehabilitation provisions on exclusive remedy.

Section 455.405 - Recreational vehicle conversion to structure.

Section 455.410 - Relocated buildings; substantial compliance required; permits.

Section 455.412 - Review of state building code provisions regarding certain smoke alarms and smoke detectors; rules.

Section 455.415 - Identification badges.

Section 455.417 - Provision of electric service capacity for charging electric vehicles in newly constructed buildings; requirements; exemptions; rules.

Section 455.420 - Individual electric meters required in multifamily residential buildings; exceptions; standards.

Section 455.422 - New construction; recycling containers.

Section 455.425 - Low-income elderly housing multiservice rooms required; standards; exceptions.

Section 455.427 - Prohibition of certain refrigerants.

Section 455.440 - When site soil analysis required; filing of report and notice; duty of transferor of property; effect of failure to comply.

Section 455.445 - Indoor air quality standards for public areas and office workplaces.

Section 455.446 - Tsunami inundation zone; rules.

Section 455.447 - Regulation of certain structures vulnerable to earthquakes and tsunamis; rules.

Section 455.448 - Entry and inspection of earthquake-damaged structures; warrant enforcement.

Section 455.449 - Unsafe condition resulting from earthquake damage; abatement of nuisance; rules.

Section 455.450 - Prohibited acts.

Section 455.453 - Additional prohibitions.

Section 455.455 - Building inspection and plan review; license required; exception.

Section 455.457 - Licensing specialty code inspectors and plan reviewers; rules; contents.

Section 455.459 - Specialty code inspection and plan review; conflict of interest.

Section 455.461 - Specialty code inspectors and plan reviewers; quality control; rules.

Section 455.463 - Specialty code inspection and plan review; department enforcement authority; investigation.

Section 455.465 - Department and municipalities to designate persons licensed to conduct specialty code inspection and plan review; fees; exception.

Section 455.466 - Rapid approval assessment for essential projects.

Section 455.467 - Timelines for approval or disapproval of certain specialty code building plans; exceptions; phased permit systems; failure to adhere to timelines.

Section 455.468 - Electronic submission of application materials.

Section 455.469 - Municipal building inspection program to include certain policies and ordinances.

Section 455.471 - Specialty code inspection and plan review fee authority; disposition of certain fee amounts.

Section 455.473 - Disposition of certain fees received by department.

Section 455.475 - Appeal of decision of building official.

Section 455.477 - Requirement for suit filed by licensed specialty code inspector or plan reviewer.

Section 455.479 - Application to specialty inspections identified by department.

Section 455.481 - Application to inspection and plan review for prefabricated structures.

Section 455.483 - Electrical and plumbing code plan review; rules.

Section 455.485 - Special consideration for rural or remote areas; determination of compliance with fire, life safety and other building code standards.

Section 455.490 - Legislative findings.

Section 455.492 - Construction Industry Energy Board.

Section 455.496 - Standards relating to energy use and energy efficiency aspects of specialty codes; rules; enforceability.

Section 455.500 - Reach Code; applicability; amendment.

Section 455.505 - Uniform energy conservation standards; rules.

Section 455.511 - State Building Code energy efficiency goals and standards.

Section 455.525 - Rules for energy conservation and passive solar energy in structures; inclusion in building code; application of testing requirements to fenestration products; review of regulations.

Section 455.530 - Authority to receive money and to contract.

Section 455.560 - Definitions for ORS 455.560 to 455.580.

Section 455.570 - Maximum lighting standards for new public buildings; exemptions.

Section 455.573 - Outdoor shielded lighting fixtures; waiver by municipality.

Section 455.595 - Energy Efficient Construction Account.

Section 455.610 - Low-Rise Residential Dwelling Code; Small Home Specialty Code; alternate methods of construction; alternate approval for conversion; appeal; rules.

Section 455.612 - Building code standards for wildfire hazard mitigation; rules.

Section 455.614 - Mapping tool for wildfire hazard mitigation.

Section 455.616 - Construction standards for small homes.

Section 455.622 - Certification of inspectors; rules.

Section 455.625 - Rules for permits; schedule of inspections.

Section 455.626 - Rules for accommodating technology.

Section 455.627 - Minor electrical installation inspection program; rules.

Section 455.628 - Plan review exemption.

Section 455.630 - Enforcement.

Section 455.640 - Definitions for ORS 455.640 to 455.645.

Section 455.642 - Application.

Section 455.645 - Certain plans for structures of public assembly to be certified.

Section 455.675 - Authorized substitutions in codes adopted by reference.

Section 455.680 - Plan approval and permits for recreation or picnic park or camp; license; rules.

Section 455.705 - Prefabricated structures plan approval and inspections; approval of business or persons performing inspections; rules; fees; manufacturer compliance program; insignia of compliance or certification stamp required for certain transac...

Section 455.715 - Definitions for ORS 455.715 to 455.740.

Section 455.720 - Standards and qualifications for personnel; rules.

Section 455.723 - Specialized building inspectors; rules.

Section 455.725 - Certification of personnel training programs.

Section 455.732 - Certification of inspectors to perform duties in building code administrative regions; training program recognition.

Section 455.735 - Issuance and renewal of certificates; fees; rules.

Section 455.737 - Experience and training outside Oregon; examination; rulemaking.

Section 455.740 - Denial of certificate; disciplinary action against certificate holder; rules.

Section 455.770 - Investigation of municipality, building official or inspector; corrective action; revocation of authority.

Section 455.775 - Enforcement authority of director; investigations; corrective actions; prevention or termination of violation.

Section 455.800 - Definitions for ORS 455.800 to 455.820.

Section 455.805 - Criteria for granting of master builder status.

Section 455.810 - Certificates; fees; discipline; rules.

Section 455.815 - Establishment of master builder programs; waiver of inspections; builder verification of performance.

Section 455.820 - Plan review and verification; documentation; duties of building official; effect of waiver revocation.

Section 455.895 - Civil penalties.