455...455.022 PUBLIC HEALTH AND SAFETY building code to govern the construction, re-construction,...

Chapter 4552015 EDITION

Building Code

ADMINISTRATION(Generally)

455.010 Definitions for ORS chapter 455455.015 Legislative findings455.020 Purpose; scope of application; exceptions;

scope of rules; fees by rule455.022 Appropriation of program fees established

by department rule455.028 Interagency agreements455.030 Rulemaking; notice; content; code dis-

tribution; amendment process455.035 Effective date of rules455.040 State building code preempts local ordi-

nances and rules; exemptions; criteria455.042 State building code administrative regions455.044 Tri-County Building Industry Service

Center; fees455.046 Installation labels; standardized forms and

procedures; use of Tri-County BuildingIndustry Service Center resources

455.048 Rules455.050 Building permits; content455.055 Uniform permit, inspection and certificate

of occupancy requirements; rules455.058 Investigation fee for work commenced

without permit; rules455.060 Rulings on acceptability of material, de-

sign or method of construction; effect ofapproval; fees

455.062 Provision of typical plans and specifica-tions

455.065 Alternative regulatory options for emerg-ing technologies; rules

455.068 Applicability of construction standards towinery

455.070 Report of suspected code violation; rules;form; appeal

455.080 Inspector may require proof of compliance455.083 Enjoining violations of state building code455.085 Publication; readability; funding455.090 Building codes information and services

system or network455.093 Definition for ORS 455.095, 455.097 and

455.185455.095 Electronic access to building code and

construction-related information and ser-vices

455.097 Electronic access system development andimplementation; uniform form and formatfor electronic exchange of building pro-gram and construction-related service in-formation; waiver of contrary form andformat requirements; rules

(Director)455.100 Duties of director455.110 Other duties of director; rules

455.112 Elimination of unclear, duplicative, con-flicting or inadequate provisions; rules

(Licenses and Other Authorizations)455.117 Adoption of rules governing licensing,

certification or registration455.122 Combinations of licenses; rules455.125 Denial, suspension, conditioning or revo-

cation of license, certificate, registrationor other authorization

455.127 Disqualification from obtaining license,registration, certificate or certification

455.129 Additional grounds for denial, suspension,conditioning or revocation of license, cer-tificate, registration or application

(Particular Boards)455.132 Building Codes Structures Board; duties;

membership455.135 Residential and Manufactured Structures

Board; duties; membership455.138 Electrical and Elevator Board; duties;

membership455.140 Mechanical Board; duties; membership455.144 Terms; compensation; positions; quorum;

rules; removal of members; confirmation

(Municipal Regulation)455.148 Comprehensive municipal building inspec-

tion programs; building officials; rules;program duration, plan, failure, abandon-ment and resumption

455.150 Selective municipal building inspectionprograms; building officials; rules; pro-gram duration, plan, failure and aban-donment; limitation on programresumption

455.152 Objections to municipal assumption ofbuilding inspection program

455.153 Municipal authority to administer spe-cialty code or building requirements; ef-fect on jurisdiction of agencies

455.154 Alternative permit and inspection pro-gram

455.155 Statewide permit and inspection systemfor minor construction work

455.156 Municipal investigation and enforcementof certain violations; notice of civil pen-alty; department to develop programs;defense for violation of building inspectionprogram

455.157 Process for municipal imposition of mon-etary penalties

455.158 Verification of required license prior toissuance of permit

455.160 Failure to provide timely inspections orplan reviews prohibited; demand; manda-mus

455.165 Standards for building codes informationcollected and maintained by municipal-ities; rules

Title 36 (2015 Edition)

PUBLIC HEALTH AND SAFETY

455.170 Director may delegate certain duties; fees455.180 Duty of city, county to issue building

permit; restriction

(Full or Partial Transfer of Administration andEnforcement Responsibilities)

455.185 Agreements for full, divided, mutual orjoint administration and enforcement

455.188 Fee revenue generated under agreement455.192 Staffing and other resources for building

code administration and enforcement455.195 Fees charged following surrender or

abandonment of municipal building in-spection program

455.198 Fee surcharge use455.200 Policies and procedures; rules; consulta-

tion with boards; reports

(Financial Administration)455.210 Fees; appeal of fees; surcharge; reduced

fees; rules455.220 Surcharge on building permit fees; col-

lection; deposit; use455.230 Use of Consumer and Business Services

Fund moneys455.240 Revenues from sales of building codes

publications; use

(Exemptions Generally)455.310 Single-family residence repair and main-

tenance exempt from codes; exemptionitemized

455.312 Exemption from code of residential pre-fabricated structures for out-of-state de-livery

455.315 Exemption of agricultural buildings, agri-cultural grading and equine facilities

455.320 Owner-built dwellings exempt from cer-tain structural code provisions; recordingof exemption

(Exemptions in Rural Areas)455.325 Definitions for ORS 455.325 to 455.350455.330 Counties authorized to exempt owner-

built dwellings in rural areas from struc-tural code

455.335 Rural areas to be mapped; building permitissuance for exempt dwellings limited

455.340 Code requirements to which exemptionmay not apply

455.345 Permit, fee, plan check and inspectionprovisions apply; notice of noncomplianceto owner-builder; recording of notice; no-tice to purchasers

455.350 Purchaser’s remedies

(Mercury Thermostats)455.355 Rules governing mercury thermostats

(Carbon Monoxide)455.360 Carbon monoxide alarms

(Radon)455.365 Radon mitigation standards

(Agriculture Workforce Housing)455.380 Department as final authority on agricul-

ture workforce housing; rules; fees

(Seismic Rehabilitation)455.390 Definitions for ORS 455.020, 455.390, 455.395

and 455.400455.395 Admissibility of data or agreements as

evidence; immunity from certain causesof action

455.400 Effect of seismic rehabilitation provisionson exclusive remedy(Temporary provisions relating to seismicrehabilitation of educational buildings,acute inpatient care facilities, firestations and police stations are compiledas notes following ORS 455.400)

(Miscellaneous Provisions)455.410 Relocated buildings; substantial compli-

ance required; permits455.412 Review of state building code provisions

regarding certain smoke alarms andsmoke detectors; rules

455.415 Identification badges455.420 Individual electric meters required in

multifamily residential buildings; excep-tions; standards

455.422 New construction; recycling containers455.425 Low-income elderly housing multiservice

rooms required; standards; exceptions455.430 Reciprocity for prefabricated structures455.440 When site soil analysis required; filing of

report and notice; duty of transferor ofproperty; effect of failure to comply

455.445 Indoor air quality standards for publicareas and office workplaces

455.446 Construction of certain facilities andstructures in tsunami inundation zoneprohibited; establishment of zone; rules;exceptions

455.447 Regulation of certain structures vulner-able to earthquakes and tsunamis; rules

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

455.449 Unsafe condition resulting from earth-quake damage; abatement of nuisance;rules

(Prohibited Acts)455.450 Prohibited acts455.453 Additional prohibitions

(Specialty Code Inspection andBuilding Plan Review)

455.455 Building inspection and plan review; li-cense required; exception

455.457 Licensing specialty code inspectors andplan reviewers; rules; contents

455.459 Specialty code inspection and plan review;conflict of interest

455.461 Specialty code inspectors and plan re-viewers; quality control; rules

455.463 Specialty code inspection and plan review;department enforcement authority; inves-tigation

455.465 Department and municipalities to desig-nate persons licensed to conduct specialtycode inspection and plan review; fees; ex-ception

455.466 Rapid approval assessment for essentialprojects


BUILDING CODE

455.467 Timelines for approval or disapproval ofcertain specialty code building plans; ex-ceptions; phased permit systems; failureto adhere to timelines

455.468 Electronic submission of application ma-terials

455.469 Municipal building inspection program toinclude certain policies and ordinances

455.471 Specialty code inspection and plan reviewfee authority; disposition of certain feeamounts

455.473 Disposition of certain fees received by de-partment

455.475 Appeal of decision of building official455.477 Requirement for suit filed by licensed

specialty code inspector or plan reviewer455.479 Application to specialty inspections iden-

tified by department455.481 Application to inspection and plan review

for prefabricated structures455.483 Electrical and plumbing code plan review;

rules455.485 Special consideration for rural or remote

areas; determination of compliance withfire, life safety and other building codestandards

ENERGY CONSERVATION(Generally)

455.490 Legislative findings455.492 Construction Industry Energy Board455.496 Standards relating to energy use and en-

ergy efficiency aspects of specialty codes;rules; enforceability

455.500 Reach Code; applicability; amendment455.505 Uniform energy conservation standards;

rules455.511 State Building Code energy efficiency

goals and standards455.525 Rules for energy conservation and passive

solar energy in structures; inclusion inbuilding code; application of testing re-quirements to fenestration products; re-view of regulations

455.530 Authority to receive money and to con-tract

(Energy Conservation Standards for Public Buildings)

455.560 Definitions for ORS 455.560 to 455.580455.565 Purpose of ORS 455.560 to 455.580455.570 Maximum lighting standards for new

public buildings; exemptions455.573 Outdoor shielded lighting fixtures; waiver

by municipality455.575 Advisory lighting standards for public

buildings constructed before July 1, 1978455.580 Status of powers of director455.595 Energy Efficient Construction Account

LOW-RISE RESIDENTIAL DWELLING CODE

455.610 Low-Rise Residential Dwelling Code;adoption; changes; compatibility of othercodes; alternative methods of construc-tion; rules

455.622 Certification of inspectors; rules455.625 Rules for permits; schedule of inspections455.626 Rules for accommodating technology455.627 Minor electrical installation inspection

program; rules455.628 Plan review exemption455.630 Enforcement

PUBLIC ASSEMBLY STRUCTURES455.640 Definitions for ORS 455.640 to 455.645455.642 Application455.645 Certain plans for structures of public as-

sembly to be certified

MUNICIPAL REVIEW AND INSPECTION(Generally)

455.675 Authorized substitutions in codes adoptedby reference

455.680 Plan approval and permits for recreationor picnic park or camp; license; rules

455.685 Review of plans and specifications to de-termine compliance; effect of approval;fees

455.690 Appeal to advisory boards455.700 Validity of certain building permits455.705 Prefabricated structures plan approval

and inspections; approval of business orpersons performing inspections; rules;fees; manufacturer compliance program;insignia of compliance or certificationstamp required for certain transactions

(Inspectors)455.715 Definitions for ORS 455.715 to 455.740455.720 Standards and qualifications for person-

nel; rules455.723 Specialized building inspectors; rules455.725 Certification of personnel training pro-

grams455.730 Certification of personnel required455.732 Certification of inspectors to perform du-

ties in building code administrative re-gions; training program recognition

455.735 Issuance and renewal of certificates; fees;rules

455.737 Experience and training outside Oregon;examination; rulemaking

455.740 Denial of certificate; disciplinary actionagainst certificate holder; rules

(Remedial Authority of Director)455.770 Investigation of municipality, building of-

ficial or inspector; corrective action; re-vocation of authority

455.775 Enforcement authority of director; inves-tigations; corrective actions; preventionor termination of violation

MASTER BUILDER PROGRAMS455.800 Definitions for ORS 455.800 to 455.820455.805 Criteria for granting of master builder

status455.810 Certificates; fees; discipline; rules



455.815 Establishment of master builder pro-grams; waiver of inspections; builder ver-ification of performance

455.820 Plan review and verification; documenta-tion; duties of building official; effect ofwaiver revocation

PENALTIES

455.895 Civil penalties

455.897 Criminal penalties


BUILDING CODE 455.020

ADMINISTRATION(Generally)

455.010 Definitions for ORS chapter455. As used in this chapter, unless the con-text requires otherwise:

(1)(a) “Advisory board” means the boardwith responsibility for assisting in the adop-tion, amendment or administration of a spe-cialty code, specifically:

(A) The Building Codes Structures Boardestablished under ORS 455.132;

(B) The Electrical and Elevator Boardestablished under ORS 455.138;

(C) The State Plumbing Board establishedunder ORS 693.115;

(D) The Board of Boiler Rules establishedunder ORS 480.535;

(E) The Residential and ManufacturedStructures Board established under ORS455.135;

(F) The Mechanical Board establishedunder ORS 455.140; or

(G) The Construction Industry EnergyBoard established under ORS 455.492.

(b) “Appropriate advisory board” meansthe advisory board that has jurisdiction overa particular code, standard, license, certi-fication or matter.

(2) “Department” means the Departmentof Consumer and Business Services.

(3) “Director” means the Director of theDepartment of Consumer and Business Ser-vices.

(4) “Low-Rise Residential DwellingCode” means the adopted specialty code pre-scribing standards for the construction ofresidential dwellings that are three storiesor less above grade and have an exteriordoor for each dwelling unit, but are not fa-cilities or homes described in ORS 443.400 ortransient lodging.

(5) “Municipality” means a city, countyor other unit of local government otherwiseauthorized by law to administer a buildingcode.

(6) “Prefabricated structure” means abuilding or subassembly that has been inwhole or substantial part manufactured orassembled using closed construction at anoff-site location to be wholly or partially as-sembled on-site. “Prefabricated structure”does not include a manufactured dwelling,recreational structure or recreational vehi-cle, as those terms are defined in ORS446.003.

(7) “Specialty code” means a code of reg-ulations adopted under ORS 446.062, 446.185,447.020 (2), 455.020 (2), 455.496, 455.610,455.680, 460.085, 460.360, 479.730 (1) or

480.545, but does not include regulationsadopted by the State Fire Marshal pursuantto ORS chapter 476 or ORS 479.015 to479.200 and 479.210 to 479.220.

(8) “State building code” means the com-bined specialty codes.

(9) “Structural code” means the specialtycode prescribing structural standards forbuilding construction.

(10) “Unsafe condition” means a condi-tion caused by earthquake which is deter-mined by the department or anyrepresentative of the department to be dan-gerous to life and property. “Unsafe condi-tion” includes but is not limited to:

(a) Any portion, member or appurtenanceof a building that has become detached ordislodged or appears likely to fail or collapseand thereby injure persons or damage prop-erty; or

(b) Any portion, of a building or struc-ture that has been damaged by earthquake,or by fire or explosion resulting from anearthquake, to the extent that the structuralstrength or stability of the building is sub-stantially less than it was prior to theearthquake. [Formerly 456.750; 1991 c.227 §1; 1991c.310 §1; 1993 c.18 §112; 1993 c.744 §85; 1997 c.259 §3; 1999c.484 §1; 1999 c.1045 §12; 2003 c.655 §75; 2003 c.675 §§10,11;2009 c.567 §§4,13]

455.015 Legislative findings. The Legis-lative Assembly finds and declares that:

(1)(a) It is in the best interests of thisstate that construction-related developmentactivities proceed in a manner that is asquick and efficient as practicable;

(b) Ensuring that construction-relateddevelopment activities proceed quickly andefficiently requires a flexible and responsivesystem for state building code administrationand enforcement; and

(c) Having a flexible and responsive sys-tem for state building code administrationand enforcement requires that sufficient staffand resources be available to assist the Di-rector of the Department of Consumer andBusiness Services as needed.

(2) It is in the best interests of this statethat state building code regulations encour-age economic development, experimentation,innovation and cost effectiveness in con-struction, especially construction in rural orremote parts of this state. [2013 c.528 §2]

Note: 455.015 was added to and made a part ofORS chapter 455 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

455.020 Purpose; scope of application;exceptions; scope of rules; fees by rule. (1)This chapter is enacted to enable the Direc-tor of the Department of Consumer andBusiness Services to promulgate a state


455.022 PUBLIC HEALTH AND SAFETY

building code to govern the construction, re-construction, alteration and repair of build-ings and other structures and the installationof mechanical devices and equipment therein,and to require the correction of unsafe con-ditions caused by earthquakes in existingbuildings. The state building code shall es-tablish uniform performance standards pro-viding reasonable safeguards for health,safety, welfare, comfort and security of theresidents of this state who are occupants andusers of buildings, and will provide for theuse of modern methods, devices, materials,techniques and practicable maximum energyconservation.

(2) The rules adopted pursuant to thischapter shall include structural standards;standards for the installation and use of me-chanical, heating and ventilating devices andequipment; and standards for prefabricatedstructures; and shall, subject to ORS 455.210,prescribe reasonable fees for the issuance ofbuilding permits and similar documents, in-spections and plan review services by theDepartment of Consumer and Business Ser-vices. The department may also establish, byrule, the amount of any fee pertaining to thestate building code or any specialty code thatis authorized by statute, but for which anamount is not specified by statute.

(3) This chapter does not affect the stat-utory jurisdiction and authority of theWorkers’ Compensation Board, under ORSchapter 654, to promulgate occupationalsafety and health standards relating to placesof employment, and to administer and en-force all state laws, regulations, rules, stan-dards and lawful orders requiring places ofemployment to be safe and healthful.

(4) This chapter and any specialty codedoes not limit the authority of a municipalityto enact regulations providing for local ad-ministration of the state building code; localappeal boards; fees and other charges; abate-ment of nuisances and dangerous buildings;enforcement through penalties, stop-work or-ders or other means; or minimum health,sanitation and safety standards for governingthe use of structures for housing, exceptwhere the power of municipalities to enactany such regulations is expressly withheldor otherwise provided for by statute. Pursu-ant to the regulation of dangerous buildings,a municipality may adopt seismic rehabili-tation plans that provide for phased com-pletion of repairs that are designed toprovide improved life safety but that may beless than the standards for new buildings.[Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304§1; 1995 c.400 §5; 1999 c.1045 §13; 1999 c.1082 §11; 2001c.710 §8]

455.022 Appropriation of program feesestablished by department rule. All mon-eys deposited to the Consumer and BusinessServices Fund that are derived pursuant toORS 455.240 or 460.370, or from state build-ing code or specialty code program fees forwhich the amounts are established by De-partment of Consumer and Business Servicesrule pursuant to ORS 455.020 (2), are contin-uously appropriated to the department forcarrying out any of the duties, functions andpowers of the department under ORS 455.240or 460.310 to 460.370 or under a program forwhich a fee amount is established by depart-ment rule pursuant to ORS 455.020 (2), with-out regard to the source of the moneys. [2001c.710 §2]

Note: 455.022 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 455 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

455.028 Interagency agreements. (1)The Department of Consumer and BusinessServices may enter into interagency agree-ments with the Construction ContractorsBoard for the board to perform duties on be-half of the department under ORS 446.566 to446.646, 446.666 to 446.746, 479.510 to 479.945or 480.510 to 480.670, this chapter or ORSchapter 447, 460 or 693 regarding:

(a) Licenses, registrations and other au-thorizations; or

(b) The construction, reconstruction, ren-ovation, alteration or repair of structures.

(2) Subject to the approval of the Direc-tor of the Department of Consumer andBusiness Services or the affected advisoryboard, the department or advisory board mayenter into an agreement with the Construc-tion Contractors Board under this sectionregarding performance of advisory board du-ties by the Construction Contractors Board.An agreement described in this subsection isconsidered for purposes of this section to bean agreement between the department andthe Construction Contractors Board.

(3) An interagency agreement under thissection may provide for the board to performall or part of the duties described in theagreement within one or more municipalities,geographic areas described in agreementsunder ORS 455.185 or state building code ad-ministrative regions established as providedunder ORS 455.042, or on a statewide basis.The director may use an agreement underthis section for the purpose of ensuring ade-quate staff and resources as provided underORS 455.192. Any board employees utilizedto carry out an agreement under this sectionshall remain employees of the board withoutloss of seniority or reduction in pay or bene-fits, but the agreement may provide for thedepartment to retain control over the final



work product of the employees. An agree-ment under this section may not be used toavoid any provision of a collective bargainingagreement.

(4) An interagency agreement under thissection may provide for:

(a) Good faith cooperation between theboard and the department to enable theboard and the department to carry out theirrespective duties under law or under theagreement;

(b) The sharing of resources, includingbut not limited to the system described inORS 455.095 and 455.097, equipment, systems,processes and records, documents and otherinformation;

(c) Using board and department informa-tion, including but not limited to complaints,reports, findings and orders, to carry out thelaws that the board administers and enforceson behalf of the department;

(d) Ensuring the security of informationshared under the agreement;

(e) Purchases by the board of suppliesand equipment to carry out duties on behalfof the department, subject to thedepartment’s reimbursement of the board;

(f) The use of financing agreements toprovide resources necessary or convenient tocarry out the agreement; and

(g) Acceptance by the board of moneys inpayment of department fees, the temporaryretention and transfer of fee moneys and thereimbursement of the board’s expenses underthe agreement from those fee moneys.

(5)(a) A financing agreement provided foras described in subsection (4)(f) of this sec-tion is exempt from ORS 283.085 to 283.092and ORS chapter 286A.

(b) Any department moneys accepted bythe board as provided in subsection (4)(g) ofthis section must be identified and accountedfor separately from any other moneys in thepossession of or available to the board. De-partment moneys temporarily retained by theboard, regardless of where kept or deposited,are moneys of the department. The retainedmoneys are not subject to any appropriationto the board, any authorization for or limita-tion on the expenditure of moneys by theboard, any restriction on the source, use ortransfer of board moneys or any judgment,lien or other claim against moneys of theboard. Notwithstanding any requirement orlimitation on the retention of moneys by astate agency, the retention of departmentmoneys by the board under an interagencyagreement described in this section shall begoverned solely by the terms of the agree-ment.

(6) An interagency agreement under thissection may not:

(a) Delegate the authority of the directorto establish policies or to make a final de-termination on any matter;

(b) Allow the board to hold departmentfee moneys in a board account under ORS182.470 that does not allow for the separatetracking and accounting of those moneys;

(c) Allow the board to hold departmentfee moneys past the end of the fiscal quarterin which the fee moneys were collected; or

(d) Transfer department expenses to theboard. [2015 c.110 §2]


455.030 Rulemaking; notice; content;code distribution; amendment process. (1)Subject to any requirement for approval bythe appropriate advisory boards, the Directorof the Department of Consumer and BusinessServices may adopt, amend or repeal rulesfor carrying out the responsibilities of theDepartment of Consumer and Business Ser-vices to develop, implement, administer andenforce a program that relates to the statebuilding code or a specialty code. Except asotherwise provided by this section, the di-rector shall be subject to ORS chapter 183 inthe adoption, amendment or repeal of regu-lations authorized by, and in the issuance oforders in contested cases arising under, thischapter.

(2)(a) In addition to the notice require-ments of ORS 183.335, notice of a publichearing on adoption, amendment or repeal ofa specialty code shall be given to the gov-erning bodies of all municipalities and thenotice shall state that copies of the proposedaction may be obtained from the department.

(b) The notice of proposed rule changeshall include a finding by the advisory boardthat the added cost, if any, is necessary tothe health and safety of the occupants or thepublic or necessary to conserve scarce re-sources.

(c) The director shall maintain a rosterof individuals who wish to be notified of anychanges to or interpretations of the Low-RiseResidential Dwelling Code. Subscribers tothe list may be charged a reasonable amountnecessary to defray the cost of maintainingthe list and advising the subscribers ofchanges in the code.

(3) The director is not required to publishor distribute those parts of a specialty codeof regulations adopted by reference. How-ever, the director shall publish with a spe-cialty code and annually thereafter a list ofplaces where copies of those parts of the



specialty code adopted by reference may beobtained together with the approximate costthereof. The director shall file one copy ofthe rule with the Secretary of State. Allstandards referred to in any specialty codeor any of the modifications thereto need notbe so filed. All standards and specialty codesreferred to in the specialty code shall be kepton file and available for inspection in the of-fices of the department.

(4) Any interested person may proposeamendments to the state building code,which proposed amendments may be eitherapplicable to all municipalities or, where itis alleged and established that conditions ex-ist within a municipality or some municipal-ities that are not generally found withinother municipalities, amendments may be re-stricted in application to such municipalities.Amendments proposed to the state buildingcode under this subsection shall be in con-formity with the policy and purpose pre-scribed by ORS 455.020. The justification andthe particular circumstances requiring theproposed amendments shall be fully stated inthe proposal. The director shall submit allproposed amendments to the appropriate ad-visory board. The board shall review and re-port its recommendations to the director onthe amendments within 180 days after thedate of submission by the director.

(5) The director, with the approval of theadvisory board, may adopt or modify andadopt any amendments proposed to the di-rector under subsection (4) of this section.The director shall, within 30 days after thedate of receipt of the recommendations of theadvisory board, notify the person proposingthe amendments of the adoption, modificationand adoption or denial of the proposedamendments. Upon adoption, a copy of eachamendment shall be distributed to the gov-erning bodies of all municipalities affectedthereby.

(6) The director shall from time to timemake or cause to be made investigations, ormay accept authenticated reports from au-thoritative sources, concerning new materi-als or modes of construction intended for usein the construction of buildings or struc-tures, or intended for use in other activityregulated by the state building code, andshall, where necessary, propose amendmentsto the code setting forth the conditions underwhich the materials or modes may be used,in accordance with the standards and proce-dures of this chapter. [Formerly 456.785; 1991 c.94§2; 1993 c.744 §86; 1997 c.227 §1; 2003 c.368 §3; 2003 c.675§12]

455.035 Effective date of rules. (1) Anyrule adopted under this chapter or ORS447.010 to 447.156 and 447.992 or 479.510 to479.945 and 479.995 shall not become effec-

tive on a date other than January 1, April1, July 1 or October 1.

(2) Notwithstanding subsection (1) of thissection, a rule adopting construction stan-dards, materials, practices or provisions un-der the state building code may becomeeffective on any date.

(3) The provisions of subsection (1) ofthis section do not apply to temporary rulesadopted under ORS 183.335 (5). [1995 c.553 §11;1999 c.116 §1; 2005 c.734 §3]


455.040 State building code preemptslocal ordinances and rules; exemptions;criteria. (1) The state building code shall beapplicable and uniform throughout this stateand in all municipalities, and no municipalityshall enact or enforce any ordinance, rule orregulation relating to the same matters en-compassed by the state building code butwhich provides different requirements unlessauthorized by the Director of the Departmentof Consumer and Business Services. Thedirector’s authorization shall not be consid-ered an amendment to the state buildingcode under ORS 455.030. The director shallencourage experimentation, innovation andcost effectiveness by municipalities in theadoption of ordinances, rules or regulationswhich conflict with the state building code.

(2) Subsection (1) of this section is oper-ative:

(a) With regard to the state structuralcode, July 1, 1974.

(b) With regard to the state mechanical,heating and ventilating code, on the effectivedate of such code as determined under ORS183.355.

(c) With regard to each specialty codenot named by paragraphs (a) and (b) of thissubsection, on the effective date, as deter-mined under ORS 183.355, of the firstamendments to such code adopted pursuantto this chapter. [Formerly 456.775]

455.042 State building code adminis-trative regions. The Director of the De-partment of Consumer and Business Servicesshall establish regions for all areas of thestate to carry out the uniform administrationof the state building code. The director shallassign Department of Consumer and Busi-ness Services employees for the regions asnecessary to:

(1) Promote consistent interpretation ofthe state building code;

(2) Resolve disputes between local build-ing officials and contractors or developersregarding the application of one or moreprovisions of the state building code; and



(3) Provide oversight and enforcement ofORS 446.003 to 446.200, 446.225 to 446.285,446.395 to 446.420, 479.510 to 479.945, 479.950,479.995 and 480.510 to 480.670 and ORSchapters 447, 455, 460 and 693 and the rulesadopted under those statutes. [2005 c.833 §2]


455.044 Tri-County Building IndustryService Center; fees. (1) The Department ofConsumer and Business Services may estab-lish and staff a Tri-County Building IndustryService Center to make available to licensedcontractors and their employees, local gov-ernments and the public the resources andservices described in ORS 455.042 and455.046.

(2) The Director of the Department ofConsumer and Business Services may adoptby rule a reasonable fee schedule for thepurpose of recovering the costs incurred bythe department in providing services underORS 455.046. Fees adopted and imposed un-der this section shall be in addition to thetotal building permit fees otherwise imposedin Clackamas, Multnomah and WashingtonCounties. A municipality shall collect feesadopted and imposed under this section andremit the fees to the department. [Formerly455.842]

Note: 455.044 to 455.048 were added to and made apart of ORS chapter 455 by legislative action but werenot added to any smaller series therein. See Preface toOregon Revised Statutes for further explanation.

455.046 Installation labels; standard-ized forms and procedures; use of Tri-County Building Industry Service Centerresources. (1) The Department of Consumerand Business Services shall:

(a) Develop and administer an installa-tion label program for minor installationsunder the state building code, including butnot limited to electrical installations underORS 455.627, 479.540 and 479.570 and plumb-ing installations under ORS 447.076;

(b) Develop standard application formsand procedures for use by municipalities inClackamas, Multnomah and WashingtonCounties when issuing structural, mechan-ical, electrical, plumbing and other permitswhen those permits do not require a reviewof building plans;

(c) Develop standard application formsand procedures for issuing building permitsand recording inspections;

(d) Develop standard forms and proce-dures for reviewing building plans;

(e) Establish standardized criteria andmethodology for determining fee amounts forpermits that are required under the statebuilding code established under ORS 455.030;

(f) Maintain and make available to thepublic the names of persons certified to re-view building plans;

(g) Maintain and make available to thepublic the names of persons certified to per-form technical inspections; and

(h) Administer prepaid building permitcost accounts.

(2) The department may use the re-sources of the Tri-County Building IndustryService Center to:

(a) Assist local building officials in theadministration and enforcement of the statebuilding code; and

(b) Establish a process to facilitate theconsistent application of the state buildingcode throughout the state. [Formerly 455.844]

Note: See note under 455.044.

455.048 Rules. In accordance with theapplicable provisions of ORS chapter 183, theDirector of the Department of Consumer andBusiness Services may adopt rules necessaryfor the implementation of ORS 455.044 and455.046. [Formerly 455.846]


455.050 Building permits; content. Allbuilding permits issued in this state shallcontain the following information:

(1) The name and address of the ownerof the building or structure to be constructedor altered under the permit;

(2) The name and address of the builderor contractor, if known, who will perform theconstruction or alteration; and

(3) The street address and legal de-scription or tax lot number of the propertyon which construction or alteration will oc-cur. [Formerly 456.887]


455.055 Uniform permit, inspectionand certificate of occupancy require-ments; rules. The Director of the Depart-ment of Consumer and Business Servicesmay adopt rules establishing uniform permit,inspection and certificate of occupancy re-quirements under the state building code.The rules may include, but need not be lim-ited to, rules establishing standards forbuilding inspections and inspection proce-dures and rules establishing uniform formsfor certificates of occupancy. In adoptingrules under this section, the director mayestablish a process for a municipality to ad-dress conditions that are unique to themunicipality’s enforcement of the statebuilding code or that are not addressed bythe rules establishing uniform permit, in-



spection and certificate of occupancy re-quirements. [2007 c.549 §2]


455.058 Investigation fee for workcommenced without permit; rules. (1) Ex-cept as provided in subsection (2) of thissection, the Department of Consumer andBusiness Services, or a municipality admin-istering and enforcing a building inspectionprogram, may assess an investigation feeagainst a person that is required to obtain apermit for work on the electrical, gas, me-chanical, elevator, boiler, plumbing or othersystems of a building or structure if the workis commenced before the permit required forthe work is obtained. The amount of the in-vestigation fee shall be the average or actualadditional cost of ensuring that a building,structure or system is in conformance withstate building code requirements that resultsfrom the person not obtaining a requiredpermit before work for which the permit isrequired commences.

(2) This section does not apply to:(a) An emergency repair required for

health, safety, the prevention of propertydamage or the prevention of financial harmif the required building permit for the repairis obtained no later than five business daysafter commencement of the repair; or

(b) Any project for which construction,alteration, repair, maintenance or installa-tion in a building or structure prior to ob-taining a permit is expressly authorized bylaw.

(3) The department may adopt rules andestablish policies and procedures for use bythe department or municipalities in assessingan investigation fee under this section. [2013c.324 §2]


455.060 Rulings on acceptability ofmaterial, design or method of construc-tion; effect of approval; fees. (1) Any per-son who desires to use or furnish anymaterial, design or method of constructionor installation in the state, or any buildingofficial, may request the Director of the De-partment of Consumer and Business Servicesto issue a ruling with respect to the accept-ability of any material, design or method ofconstruction about which there is a questionunder any provision of the state buildingcode. Requests shall be in writing and, ifmade by anyone other than a building offi-cial, shall be made and the ruling issued

prior to the use or attempted use of suchquestioned material, design or method.

(2) In making rulings, the director shallobtain the approval of the appropriate advi-sory board as to technical and scientific factsand shall consider the standards and inter-pretations published by the body that pro-mulgated any nationally recognized modelcode adopted as a specialty code of this state.

(3) A copy of the ruling issued by the di-rector shall be certified to the person makingthe request. Additional copies shall be trans-mitted to all building officials in the state.The director shall keep a permanent recordof all such rulings, and shall furnish copiesthereof to any interested person upon pay-ment of such fees as the director may pre-scribe.

(4) A building official or inspector shallapprove the use of any material, design ormethod of construction approved by the di-rector pursuant to this section if the re-quirements of all other local ordinances aresatisfied. [Formerly 456.845]

455.062 Provision of typical plans andspecifications. (1) A Department of Con-sumer and Business Services employee actingwithin the scope of that employment mayprovide typical plans and specifications:

(a) For structures of a type for which theprovision of plans or specifications is ex-empted under ORS 671.030 from the applica-tion of ORS 671.010 to 671.220 and exemptedunder ORS 672.060 from the application ofORS 672.002 to 672.325; and

(b) Notwithstanding ORS 671.010 to671.220 and 672.002 to 672.325, for structuresthat are metal or wood frame Use and Occu-pancy Classification Group U structures un-der the structural specialty code.

(2) A building official or inspector, asthose terms are defined in ORS 455.715,when acting within the scope of direct em-ployment by a municipality, may providetypical plans and specifications for structuresof a type for which the provision of plans orspecifications is exempted under ORS 671.030from the application of ORS 671.010 to671.220 and exempted under ORS 672.060from the application of ORS 672.002 to672.325.

(3) This section does not alter any appli-cable requirement under ORS 671.010 to671.220 or 672.002 to 672.325 regardingstamps and seals for a set of plans for astructure. [2013 c.528 §4]




455.065 Alternative regulatory optionsfor emerging technologies; rules. (1) Not-withstanding any provision of this chapter orORS chapter 460, 479, 480 or 693, the Direc-tor of the Department of Consumer andBusiness Services may establish by rule al-ternative regulatory options for emergingtechnologies without the approval of advisoryboards. Before adopting rules under this sec-tion, the director shall consult with thechairperson of an advisory board that will beaffected by the alternative regulatory option.Rules adopted by the director may includedefinitions of the types of products thatqualify as emerging technologies and mayapprove the use of specific emerging tech-nologies.

(2) The director shall consider nationaland international standards applicable toemerging technologies in adopting rules un-der this section.

(3) Rules adopted by the director underthis section must be limited to a specific siteunless statewide application is approved byan advisory board that will be affected by thealternative regulatory option.

(4) Rules adopted by the director underthis section may not adversely affect thescope of practice under any license issued bythe Department of Consumer and BusinessServices.

(5) As used in this section, “emergingtechnology” means a product that is of aunique type or that has a unique scope ofapplication and that would provide a benefitto Oregon’s economy if developed, used orproduced by Oregon businesses. [2005 c.186 §2]

455.068 Applicability of constructionstandards to winery. (1) For the purposesof this section, “winery” means a facilityused primarily for the commercial productionof wine or cider, including but not limited toareas used for production, shipping and dis-tribution, wholesale and retail sales, tasting,crushing, fermenting, blending, aging, stor-age, bottling, administrative functions andwarehousing.

(2) In adopting any construction stan-dards impacting a winery, the Department ofConsumer and Business Services shall ensurethe standards are applicable to all wineriesproducing wine, as defined in ORS 471.001,and cider, as defined in ORS 471.023. [2005c.734 §2]


455.070 Report of suspected code vio-lation; rules; form; appeal. (1) Any personmay report a suspected violation of the statebuilding code that poses an imminent threat

to public health or safety to the local build-ing official or, where the code is state-administered, to the Department ofConsumer and Business Services. The com-plaint shall be in writing and submitted un-der rules adopted by the department. Therules of the department shall provide for thedisposition of frivolous or harassing com-plaints by requiring detailed descriptions ofthe alleged violation and reference to thecode sections allegedly violated.

(2) The municipality or the departmentshall give notice of the complaint to thecontractor, building owner and subcontrac-tor, if any, involved in the project alleged tobe in violation. The municipality or the de-partment may charge the complainant for thenecessary costs of supplying, copying anddistributing the complaint form.

(3) If, after five working days, no reme-dial action has taken place, the complainanthas standing to appeal the matter to the ap-peals board of the municipality, where one isestablished, or directly to the appropriateadvisory board where there is no local ap-peals board. The municipal appeals board orstate advisory board shall reach a final deci-sion within 14 days of the complainant’s ap-peal. A municipal appeals board decisionshall then be subject to appeal to a state ad-visory board under ORS 455.690, providedthat the state advisory board shall reach afinal determination within 14 days of noticeof an appeal. A record of the written com-plaint and the findings of the appeals andadvisory boards may be introduced into evi-dence in any judicial proceeding for damagesbrought against the complainant by any per-son suffering damages as a result of thecomplaint. [Formerly 456.842; 1993 c.744 §87; 2013c.324 §6]

455.080 Inspector may require proofof compliance. Notwithstanding ORS455.630 (2), any inspector, including a spe-cialty code inspector licensed under ORS455.457, authorized by ORS 455.150 or 455.153to determine compliance with the require-ments of the state building code or any spe-cialty code under this chapter may, inaccordance with a compliance program asdescribed in ORS 455.153 (2), require anyperson who is engaged in any activity regu-lated by the state building code to demon-strate proof of compliance with theapplicable licensing, registration or certifica-tion requirements of ORS chapters 446, 447,455, 460, 479, 480, 693 and 701. [Formerly456.802; 1999 c.1045 §14; 2001 c.411 §16]




455.083 Enjoining violations of statebuilding code. If the Department of Con-sumer and Business Services has reason tobelieve that any person has been engaged, oris engaging, or is about to engage in any vi-olation of the state building code or of ORS446.003 to 446.200, 446.225 to 446.285, 446.395to 446.420, 479.510 to 479.945, 479.950 or480.510 to 480.670 or this chapter or ORSchapter 447, 460 or 693 or any rule adoptedunder those statutes, the department may,without bond, bring suit in the name and onbehalf of the State of Oregon in the circuitcourt of any county of this state to enjointhe acts or practices and to enforce compli-ance with the state building code and ORS446.003 to 446.200, 446.225 to 446.285, 446.395to 446.420, 479.510 to 479.945, 479.950 and480.510 to 480.670 and this chapter, and ORSchapter 447, 460 or 693 and any rule adoptedunder those statutes. Upon a proper show-ing, a permanent or temporary injunction,restraining order or writ of mandamus shallbe granted. [2013 c.324 §3]


455.085 Publication; readability; fund-ing. (1) The Director of the Department ofConsumer and Business Services shall, uponreceipt of adequate funds under subsection(2) of this section, publish all state buildingcode provisions relating to the design, con-struction, prefabrication, equipment or appli-ance installation, quality of materials, useand occupancy location and repair of de-tached low-rise residential dwellings in twoseparate publications. One publication shallcontain the applicable provisions of the spe-cialty code adopted under ORS 479.730 (1)and the other publication shall contain theremaining applicable provisions of the statebuilding code. The text of the publicationsmade under this section shall be readable atthe ninth grade level of reading, as deter-mined by the director under one or morestandard recognized readability formulas, in-cluding, but not limited to, the Flesch, Fryor Dale Chall tests.

(2) The publications under subsection (1)of this section shall be paid for by funds do-nated by interested citizens, who shall bemade aware of the project by the Departmentof Consumer and Business Services throughpublic service announcements and othernominal-cost advertising. Funds shall be col-lected until sufficient funds are available toconduct the publication. Refunds shall bemade to the donors if sufficient funds are notcollected. [Formerly 456.787 and then 455.635; 2003c.675 §13]

455.090 Building codes informationand services system or network. The De-partment of Consumer and Business Servicesmay identify the resources necessary to de-velop a system or network that provideselectronic access to building codes informa-tion and services for all building code juris-dictions in the state. The department mayexplore the availability of alternative meansfor establishing a statewide system or net-work for building codes information and ser-vices, including but not limited to developingresource sharing arrangements with privateindustry, obtaining foundation grants andobtaining federal funding. [2003 c.336 §1; 2005 c.56§3]

Note: 455.090 and 455.095 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 455 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

455.093 Definition for ORS 455.095,455.097 and 455.185. As used in ORS 455.095,455.097 and 455.185, “construction-related”means consisting of, or involving the approv-ing, enabling, expediting or facilitating of,the alteration, construction, demolishing, de-velopment, improvement, inspection, moving,operation, repair or wrecking of, or the ad-dition to or subtraction from, public im-provements, real property or a structure.[2015 c.170 §1]


455.095 Electronic access to buildingcode and construction-related informa-tion and services. (1) The Department ofConsumer and Business Services shall de-velop and implement a system that provideselectronic access to building codes informa-tion. The department shall make the systemaccessible for use by municipalities in carry-ing out the building inspection programs ad-ministered and enforced by themunicipalities.

(2) The department may also make thesystem available for use by other publicbodies that provide construction-related ser-vices including, but not limited to, publicbodies described in ORS 455.185 (4). The in-formation and services available through thesystem may include, but need not be limitedto:

(a) Licensing, permit, inspection andother relevant information;

(b) Access to forms;(c) Electronic submission of permit appli-

cations;(d) Electronic submission of plans for re-

view;



(e) Electronic issuance of minor label orother appropriate permits;

(f) Access to permit and inspection proc-esses;

(g) Scheduling of inspections, tracking ofcorrections and granting of approvals; and

(h) The coordination and tracking ofconstruction-related services.

(3) The use of the system described inthis section by a municipality or other publicbody is voluntary. Nonparticipation in thesystem by a municipality or other publicbody is not grounds for the department tosuspend, revoke authorization for or assumethe administration of a building inspectionprogram described in ORS 455.148 or 455.150or to impose other disciplinary actions orsanctions against a municipality or otherpublic body. [2003 c.336 §2; 2005 c.56 §4; 2007 c.69§4; 2015 c.170 §2]


455.097 Electronic access system de-velopment and implementation; uniformform and format for electronic exchangeof building program and construction-related service information; waiver ofcontrary form and format requirements;rules. (1) As used in this section, “form andformat”:

(a) Means the arrangement, organization,configuration, structure or style of, ormethod of delivery for, providing requiredinformation or providing the substantiveequivalent of required information.

(b) Does not mean altering the substanceof information or the addition or omission ofinformation.

(2) The purpose of this section and ORS455.095 is to enable the Department of Con-sumer and Business Services to develop andimplement a system that:

(a) Provides electronic access to buildingcodes information;

(b) Is designed to offer a full range ofelectronic building permits services;

(c) Allows the streamlining of buildinginspection services;

(d) Provides a uniform form and formatfor submitting building codes informationelectronically;

(e) Is available for use by any municipal-ity administering and enforcing a buildinginspection program; and

(f) At the discretion of the department:(A) Is available for use by other public

bodies that provide construction-related ser-vices; and

(B) Supports access for other purposesthat may include, but need not be limited to,

access for the coordination and tracking ofconstruction-related services.

(3) The department shall adopt rules togovern the form and format of building per-mit applications, building plans, specifica-tions, other building program informationand any other information exchangedthrough the electronic building codes infor-mation system described in ORS 455.095.

(4) The department may waive a contraryform and format requirement imposed bystatute or ordinance or by the rules of an-other agency for the submission of informa-tion in physical form to the extent thewaiver is necessary to facilitate the sub-mission of the information electronically.The department may accept an electronic re-production of a signature, stamp, seal, certi-fication or notarization as the equivalent ofthe original or may accept the substitutionof identifying information for the signature,stamp, seal, certification or notarization. Thedepartment may not waive a requirementimposed by statute or ordinance or by therules of another agency, other than a formand format requirement.

(5) A person exchanging informationthrough the electronic building codes infor-mation system in a form and format accepta-ble to the department is not subject to anylicensing sanction, civil penalty, fine, permitdisapproval or revocation or other sanctionfor failure to comply with a form or formatrequirement imposed by statute, ordinanceor rule for submission of the information inphysical form, including but not limited toany requirement that the information be ina particular form or of a particular size, besubmitted with multiple copies, be physicallyattached to another document, be an originaldocument or be signed, stamped, sealed, cer-tified or notarized. [2007 c.69 §2; 2015 c.170 §3]


(Director)455.100 Duties of director. The Director

of the Department of Consumer and BusinessServices shall have general supervision overthe administration of the state building coderegulations, including providing statewideinterpretations for the plumbing, elevator,electrical, manufactured structures, boiler,amusement ride, structural, mechanical, low-rise residential dwelling and prefabricatedstructures codes. [Formerly 456.790; 1993 c.18 §113;1993 c.744 §88; 2003 c.675 §§14,15]

455.110 Other duties of director; rules.Except as otherwise provided by ORS 479.015to 479.200, 479.210 to 479.220, 479.510 to



479.945, 479.990 and 479.995 and ORS chap-ters 446, 447, 460, 476 and 480:

(1) The Director of the Department ofConsumer and Business Services shall coor-dinate, interpret and generally supervise theadoption, administration and enforcement ofthe state building code.

(2) The director, with the approval of theappropriate advisory boards, shall adoptcodes and standards, including regulations asauthorized by ORS 455.020 governing theconstruction, reconstruction, alteration andrepair of buildings and other structures andthe installation of mechanical devices andequipment therein. The regulations may in-clude rules for the administration and en-forcement of a certification system forpersons performing work under the codesand standards adopted under this subsection.However, this subsection does not authorizethe establishment of a separate certificationfor performing work on low-rise residentialdwellings.

(3) The director, with the approval of theappropriate advisory boards, may amend suchcodes from time to time. The codes of regu-lations and any amendment thereof shallconform insofar as practicable to modelbuilding codes generally accepted and in usethroughout the United States. If there is nonationally recognized model code, consider-ation shall be given to the existing specialtycodes presently in use in this state. Suchmodel codes with modifications considerednecessary and specialty codes may beadopted by reference. The codes so promul-gated and any amendments thereof shall bebased on the application of scientific princi-ples, approved tests and professional judg-ment and, to the extent that it is practicalto do so, the codes shall be promulgated interms of desired results instead of the meansof achieving such results, avoiding whereverpossible the incorporation of specificationsof particular methods or materials. To thatend the codes shall encourage the use of newmethods, new materials and maximum energyconservation.

(4) The director shall adopt rules requir-ing a journeyman plumber licensed underORS chapter 693 or an apprentice plumber,as defined in ORS 693.010, who tests back-flow assemblies to complete a state-approvedtraining program for the testing of those as-semblies. [Formerly 456.770; 2003 c.675 §16; 2005 c.736§2; 2007 c.71 §140; 2015 c.27 §49]

455.112 Elimination of unclear,duplicative, conflicting or inadequateprovisions; rules. Notwithstanding anyother provision of this chapter, the Directorof the Department of Consumer and BusinessServices may initiate the adoption of rules

the director considers necessary to interpret,harmonize, streamline, adjust, promote con-sistency within, reduce confusion regarding,administer or enforce the state building codeor any requirement for a license, registra-tion, certification, endorsement or other au-thorization to perform work related to theadministration and enforcement of the statebuilding code when any provision of the statebuilding code or a requirement for authori-zation to perform work is unclear,duplicative or in conflict with another orwhen the code or a requirement for authori-zation to perform work does not adequatelyaddress a project of a unique type or scope.The director must obtain the approval of theappropriate advisory boards prior to adoptinga rule under this section. [2003 c.367 §2; 2013c.110 §3]


(Licenses and Other Authorizations)455.117 Adoption of rules governing

licensing, certification or registration. (1)Except as provided in subsection (3) of thissection, a regulatory body listed in subsec-tion (2) of this section may adopt rules toadminister the licensing, certification or reg-istration of persons regulated by the body.The rules adopted under this section may in-clude, but need not be limited to:

(a) The form and content of an applica-tion for issuance or renewal of a license,certificate or registration;

(b) Training and continuing educationrequirements to maintain a license, certif-icate or registration;

(c) The form and content of and theprocess for preparing and administering ex-aminations and examination reviews;

(d) The term of a license, certificate orregistration; and

(e) The creation of a system for combin-ing two or more licenses, certificates or reg-istrations issued to an individual by anadvisory board or the Department of Con-sumer and Business Services into a single li-cense, certificate, registration or otherauthorization.

(2) Subsection (1) of this section appliesto the following:

(a) Subject to ORS 446.003 to 446.200,446.225 to 446.285 and 446.395 to 446.420,with the approval of the Residential andManufactured Structures Board, the Depart-ment of Consumer and Business Services forpurposes of licenses, certificates and regis-trations issued under ORS 446.003 to 446.200,446.225 to 446.285 and 446.395 to 446.420.



(b) Subject to ORS 447.010 to 447.156 andORS chapter 693, the State Plumbing Boardfor purposes of licenses issued under ORS447.010 to 447.156 and ORS chapter 693.

(c) Subject to ORS 460.005 to 460.175, af-ter consultation with the Electrical and Ele-vator Board, the department for purposes oflicenses issued under ORS 460.005 to 460.175.

(d) Subject to ORS 479.510 to 479.945, theElectrical and Elevator Board for purposesof licenses issued under ORS 446.210 or479.510 to 479.945.

(e) Subject to ORS 480.510 to 480.670, theBoard of Boiler Rules for purposes of li-censes issued under ORS 480.510 to 480.670.

(3) This section does not authorize theadoption of rules regulating:

(a) Building officials, inspectors, plan re-viewers or municipalities;

(b) Persons engaged in the manufacture,conversion or repair of prefabricated struc-tures, prefabricated components or recre-ational vehicles; or

(c) Master builders certified under ORS455.800 to 455.820. [2005 c.758 §2; 2009 c.567 §33]


455.122 Combinations of licenses;rules. (1) The Director of the Department ofConsumer and Business Services, with theapproval of the appropriate advisory boards,shall establish a system that allows a con-tractor or business possessing two or morelicenses described in subsection (2) of thissection to have an approved combination ofthose licenses issued or renewed simultane-ously.

(2) Notwithstanding any issuance or re-newal dates established by rule under ORS455.117, subsection (1) of this section appliesto contractor or business licenses by theElectrical and Elevator Board, the Board ofBoiler Rules or the State Plumbing Board.

(3) The director shall establish rules toimplement the system described in this sec-tion. The rules must establish the combina-tions of licenses for which a simultaneousissuance or renewal is offered, the term andexpiration date for the combination, the ap-propriate fees for administering the system,the criteria for issuance and renewal and theother standards and criteria deemed by theDepartment of Consumer and Business Ser-vices to be necessary to administer and en-force the system. [2003 c.136 §2; 2005 c.758 §18]


455.125 Denial, suspension, condition-ing or revocation of license, certificate,registration or other authorization. (1) Asused in this section, “person” includes indi-viduals, corporations, associations, firms,partnerships, limited liability companies,joint stock companies, public agencies andan owner or holder of a direct or indirectinterest in a corporation, association, firm,partnership, limited liability company orjoint stock company.

(2) In addition to any other sanction,remedy or penalty provided by law, the Di-rector of the Department of Consumer andBusiness Services or an appropriate advisoryboard may deny, suspend, condition or re-voke a registration, certification, license orother authority of a person to perform workor conduct business issued under laws ad-ministered by the Department of Consumerand Business Services or advisory board ifthe person:

(a) Fails to comply with a provision ofORS 446.003 to 446.200, 446.225 to 446.285,446.395 to 446.420, 479.510 to 479.945, 479.950or 480.510 to 480.670 or this chapter or ORSchapter 447, 460 or 693, or with any ruleadopted under those statutes or under ORS455.117; or

(b) Engages in an act for which the Con-struction Contractors Board imposes a sanc-tion on the holder under ORS 701.098.

(3) For purposes of ORS 701.106, a com-pliance failure described in subsection (2)(a)of this section for which the director or anadvisory board denies, suspends, conditionsor revokes a registration, certification, li-cense or other authority of a person to per-form work or conduct business may betreated as a failure to be in conformancewith this chapter. [2003 c.361 §2; 2005 c.758 §19; 2007c.306 §1; 2013 c.324 §7]


455.127 Disqualification from obtain-ing license, registration, certificate orcertification. (1) As used in this section,“person” includes individuals, corporations,associations, firms, partnerships, limited li-ability companies, joint stock companies,public agencies and an owner or holder of adirect or indirect interest in a corporation,association, firm, partnership, limited liabil-ity company or joint stock company.

(2) The Director of the Department ofConsumer and Business Services, the De-partment of Consumer and Business Servicesor an appropriate advisory board may dis-qualify a person from obtaining or renewinga license, registration, certificate or certi-fication if the person:



(a) Is or has been subject to civil penal-ties, revocation, cancellation or suspensionof a license, registration, certificate or certi-fication or other sanction by the director,department or an advisory board; or

(b) Is or has been directly involved in anact for which the director, department or anadvisory board has levied civil penalties, re-voked, canceled or suspended a license, reg-istration, certificate or certification orimposed other sanction while the personserved as a principal, director, officer, owner,majority shareholder, member or manager ofa limited liability company or in another ca-pacity with direct or indirect control overanother business.

(3) A disqualification under subsection (2)of this section shall be for a period deter-mined by the director, department or appro-priate advisory board by rule, not to exceedfive years. If a person applies for rein-statement of a revoked license, registration,certificate or certification after the period ofdisqualification, the person must meet thequalifications for initial issuance of the li-cense, registration, certificate or certifica-tion. [2005 c.416 §2; 2005 c.758 §56h]


455.129 Additional grounds for denial,suspension, conditioning or revocation oflicense, certificate, registration or appli-cation. (1) As used in this section,“relative” means an individual related withinthe third degree as determined by the com-mon law, a spouse, an individual related toa spouse within the third degree as deter-mined by the common law or an individualin an adoptive relationship within the thirddegree as determined by the common law.

(2) Subject to ORS chapter 183, a regula-tory body listed in subsection (3) of this sec-tion may deny a license, certificate,registration or application or may suspend,revoke, condition or refuse to renew a li-cense, certificate or registration if the regu-latory body finds that the licensee, certificateholder, registrant or applicant:

(a) Has failed to comply with the lawsadministered by the regulatory body or withthe rules adopted by the regulatory body.

(b) Has failed to comply with an order ofthe regulatory body or the Director of theDepartment of Consumer and Business Ser-vices, including but not limited to the failureto pay a civil penalty.

(c) Has filed an application for a license,certificate or registration that, as of the datethe license, certificate or registration wasissued or the date of an order denying theapplication, was incomplete in any material

respect or contained a statement that, inlight of the circumstances under which itwas made, was incorrect or misleading inany respect.

(d) Has performed work without appro-priate licensing, certification or registrationor has employed individuals to perform workwithout appropriate licensing, certificationor registration.

(e) Has advertised or otherwise held outas being a licensed, certified or registeredspecialty code contractor without holding theappropriate specialty code contractor license,certificate or registration.

(f) As a partner, officer, member or em-ployee of a business, has advertised or heldout that the business is a licensed, certifiedor registered specialty code contractor if thebusiness does not possess the appropriatespecialty code contractor license, certificateor registration.

(g) Has engaged in business as a spe-cialty code contractor without holding avalid specialty code contractor license, cer-tificate or registration required for the busi-ness.

(h) Has failed to meet any condition orrequirement to obtain or maintain a license,certificate or registration.

(i) Has acted in a manner creating a se-rious danger to the public health or safety.

(j) Has performed work or operatedequipment within the scope of a specialtycode license, certificate or registration in amanner that violates an applicable minimumsafety standard or a statute or rule regardingsafety.

(k) Has been subject to a revocation,cancellation or suspension order or to otherdisciplinary action by the Construction Con-tractors Board or has failed to pay a civilpenalty imposed by the board.

(L) Has been subject to a revocation,cancellation or suspension order or to otherdisciplinary action by another state in regardto construction standards, permit require-ments or construction-related licensing vio-lations or has failed to pay a civil penaltyimposed by the other state in regard to con-struction standards, permit requirements orconstruction-related licensing violations.

(m) Has, while performing work that re-quires or that is related to work that re-quires a valid license or certificate underORS 446.003 to 446.200, 446.225 to 446.285,446.395 to 446.420, 479.510 to 479.945, 479.950or 480.510 to 480.670 or this chapter or ORSchapter 447, 460 or 693, violated any statuteor rule related to the state building code.

(n) Has performed a code inspection orplan review on a project to construct, alter,



repair or make an installation in a structureif the inspector or reviewer, or an employeror relative of the inspector or reviewer, hasa financial interest in or business affiliationwith the project or structure.

(o) Is a business, the owner or an officerof which has an outstanding obligation topay a civil penalty assessed under ORS455.895 or has been the subject of actionagainst the license, certificate or registrationby the Department of Consumer and Busi-ness Services, the director or an appropriateadvisory board.

(p) Is a business, owner or officer of areorganized business entity as defined inORS 657.682, if an owner, officer, shareholderor partner of the reorganized business entity,or a member if the reorganized business en-tity is a member-managed limited liabilitycompany, has been subject to a revocationor suspension order or to a condition or civilpenalty under ORS 446.003 to 446.200, 446.225to 446.285, 446.395 to 446.420, 479.510 to479.945, 479.950 or 480.510 to 480.670 or thischapter or ORS chapter 447, 460, 693 or 701,or by another state in regard to constructionstandards, permit requirements orconstruction-related licensing violations.

(q) Is ordered to pay damages under ajudgment or arbitration award that relates toconstruction and that has become final byoperation of law or on appeal.

(r) Is a business, the owner or an officerof which was an owner or officer in anotherbusiness at the time:

(A) The other business was assessed acivil penalty under ORS 455.895 that remainsunpaid; or

(B) An act or failure to act by any owneror officer of the other business resulted inaction being taken against the license, cer-tificate or registration of the other businessby the department, the director or any advi-sory board.

(3) Subsection (2) of this section appliesto:

(a) The State Plumbing Board for pur-poses of licenses issued under ORS 447.010to 447.156 or ORS chapter 693.

(b) The Electrical and Elevator Board forpurposes of licenses issued under ORS446.210 or 479.510 to 479.945.

(c) The Board of Boiler Rules for pur-poses of licenses issued under ORS 480.510to 480.670.

(d) The department for purposes of li-censes issued under this chapter.

(e) The department, subject to Electricaland Elevator Board approval, for purposes oflicenses issued under ORS 460.005 to 460.175.

(f) The department, subject to Residentialand Manufactured Structures Board ap-proval, for purposes of licenses, certificatesand registrations issued under ORS 446.003to 446.200, 446.225 to 446.285 and 446.395 to446.420.

(4) The department may administer andenforce subsection (2) of this section in thesame manner and to the same extent as anyadvisory board. [2005 c.758 §4; 2007 c.306 §2; 2009c.567 §34; 2013 c.324 §8]


455.130 [Formerly 456.780; 1989 c.224 §118; repealedby 1993 c.744 §41]

(Particular Boards)455.132 Building Codes Structures

Board; duties; membership. (1) There isestablished in the Department of Consumerand Business Services a Building CodesStructures Board consisting of nine members.

(2) The Building Codes Structures Boardshall assist the Director of the Departmentof Consumer and Business Services in ad-ministering the structural, prefabricatedstructures and energy programs described inthis chapter and the accessibility to personswith physical disabilities program describedin ORS 447.210 to 447.280.

(3) The board shall consist of membersbroadly representative of the industries andprofessions involved in the development andconstruction of buildings and energy conser-vation, including:

(a) An architect or engineer;(b) A general contractor, as defined in

ORS 701.005, specializing in the constructionof buildings more than three stories abovegrade;

(c) A contractor specializing in construc-tion 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 commer-

cial office building; and(i) A representative selected from indi-

viduals recommended by the Oregon Disabil-ities Commission. [1993 c.744 §80; 1995 c.249 §1; 2003c.675 §§17,18,19]

Note: 455.132, 455.138 and 455.144 were added toand made a part of ORS chapter 455 by legislative ac-tion but were not added to any series therein. See Pre-face to Oregon Revised Statutes for further explanation.



455.135 Residential and ManufacturedStructures Board; duties; membership. (1)There is established a Residential and Man-ufactured Structures Board consisting of 11members appointed by the Governor.

(2) The members of the board shall assistthe Director of the Department of Consumerand Business Services in administering thelow-rise residential dwelling program de-scribed 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 re-

modeling of residential structures;(c) One contractor specializing in build-

ing multifamily housing three stories or lessabove 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 en-

ergy supplier;(i) One manufacturer of manufactured

dwellings;(j) One seller or distributor of new man-

ufactured dwellings; and(k) One public member who does not re-

ceive compensation from any interest repre-sented under paragraphs (a) to (j) of thissubsection. [2003 c.675 §2; 2009 c.567 §14]


455.138 Electrical and Elevator Board;duties; membership. (1) There is estab-lished in the Department of Consumer andBusiness Services an Electrical and ElevatorBoard consisting of 15 members.

(2) The Electrical and Elevator Boardshall assist the Director of the Departmentof Consumer and Business Services in ad-ministering the electrical program describedin ORS 479.510 to 479.945 and 479.995 andthe elevator program described in ORS460.005 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 in-dustry;

(e) An elevator manufacturing represen-tative;

(f) One member from the electricalequipment manufacturing industry who oth-erwise qualifies by experience and trainingin 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 commer-

cial office building; and(m) A public member who does not re-

ceive compensation from any interest de-scribed in paragraphs (a) to (L) of thissubsection. [1993 c.744 §81; 1995 c.249 §2]


455.140 Mechanical Board; duties;membership. (1) There is established a Me-chanical Board consisting of 10 members ap-pointed by the Governor.

(2) The members of the board shall assistthe Director of the Department of Consumerand Business Services in administering thecode adopted pursuant to ORS 455.020 formechanical 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 mechanicalinspector certification issued by the Depart-ment of Consumer and Business Services;

(d) One heating, venting and air condi-tioning contractor;

(e) One heating, venting and air condi-tioning installer;

(f) One sheet metal and air conditionerinstaller;

(g) One representative of a natural gascompany 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 re-ceive compensation from any interest repre-sented under paragraphs (a) to (i) of thissubsection.

(4) At least one of the board membersdescribed in subsection (3)(b) or (d) of thissection must be an owner or operator of acontracting business employing 10 or fewer



persons at the time of the member’s appoint-ment to the term. [2003 c.675 §4; 2013 c.255 §5]


455.144 Terms; compensation; posi-tions; quorum; rules; removal of mem-bers; confirmation. (1) The Building CodesStructures Board, the Electrical and Eleva-tor Board, the Residential and ManufacturedStructures Board and the Mechanical Boardshall each be organized and governed as de-scribed in this section.

(2)(a) The term of office of each memberis four years and a member is not eligible forappointment to more than two full terms ofoffice. The Governor shall appoint the mem-bers of each board and the board membersshall serve at the pleasure of the Governor.

(b) Before the expiration of the term ofa member, the Governor shall appoint a suc-cessor whose term begins on July 1 next fol-lowing. If there is a vacancy for any cause,the Governor shall make an appointment tobecome immediately effective for the unex-pired term.

(3) A member of each board is entitled tocompensation and expenses as provided inORS 292.495.

(4) A board shall select one of its mem-bers as chairperson and another as vicechairperson, for such terms and with dutiesand powers necessary for the performance ofthe functions of such position as the boarddetermines.

(5) A majority of the members of a boardconstitutes a quorum for the transaction ofbusiness.

(6) In accordance with applicable pro-visions of ORS chapter 183, the director mayadopt rules necessary for the administrationof the laws that the Department of Consumerand Business Services is charged with ad-ministering.

(7) The Governor may remove a boardmember for good cause. “Good cause” forremoval of a member includes, but is notlimited to, three unexcused absences duringany 12-month period from a regularly sched-uled board meeting.

(8) The appointment of a member of aboard is subject to confirmation by the Sen-ate pursuant to section 4, Article III of theOregon Constitution. [1993 c.744 §83; 2003 c.675§§20,21; 2009 c.567 §15; 2011 c.272 §21]


(Municipal Regulation)455.148 Comprehensive municipal

building inspection programs; buildingofficials; rules; program duration, plan,failure, abandonment and resumption.(1)(a) A municipality that assumes the ad-ministration and enforcement of a buildinginspection program shall administer and en-force the program for all of the following:

(A) The state building code, as defined inORS 455.010, except as set forth in paragraph(b) of this subsection.

(B) Manufactured structure installationrequirements under ORS 446.155, 446.185 (1)and 446.230.

(C) Manufactured dwelling parks andmobile home parks under ORS chapter 446.

(D) Park and camp programs regulatedunder ORS 455.680.

(E) Tourist facilities regulated underORS 446.310 to 446.350.

(F) Manufactured dwelling alterationsregulated under ORS 446.155.

(G) Manufactured structure accessorybuildings and structures under ORS 446.253.

(H) Boilers and pressure vessels de-scribed in rules adopted under ORS 480.525(5).

(b) A building inspection program of amunicipality may not include:

(A) Boiler and pressure vessel programsunder ORS 480.510 to 480.670 except thosedescribed in rules adopted under ORS 480.525(5);

(B) Elevator programs under ORS 460.005to 460.175;

(C) Amusement ride regulation underORS 460.310 to 460.370;

(D) Prefabricated structure regulationunder ORS chapter 455;

(E) Manufacture of manufactured struc-tures programs under ORS 446.155 to 446.285,including the administration and enforce-ment of federal manufactured dwelling con-struction and safety standards adopted underORS 446.155 or the National ManufacturedHousing Construction and Safety StandardsAct of 1974;

(F) Licensing and certification, or theadoption of statewide codes and standards,under ORS chapter 446, 447, 455, 479 or 693;or

(G) Review of plans and specifications asprovided in ORS 455.685.

(2) A municipality that administers abuilding inspection program as allowed underthis section shall do so for periods of fouryears. The Department of Consumer andBusiness Services shall adopt rules to adjust



time periods for administration of a buildinginspection program to allow for variations inthe needs of the department and participants.

(3) When a municipality administers abuilding inspection program, the governingbody of the municipality shall, unless othermeans are already provided, appoint a personto administer and enforce the building in-spection program, who shall be known as thebuilding official. A building official shall, inthe municipality for which appointed, attendto all aspects of code enforcement, includingthe issuance of all building permits. Two ormore municipalities may combine in the ap-pointment of a single building official for thepurpose of administering a building inspec-tion program within their communities.

(4)(a) By January 1 of the year precedingthe expiration of the four-year period de-scribed in subsection (2) of this section, thegoverning body of the municipality shall no-tify the Director of the Department of Con-sumer and Business Services and, if themunicipality is not a county, notify thecounty whether the municipality will con-tinue to administer and enforce the buildinginspection program after expiration of thefour-year period.

(b) Notwithstanding the January 1 dateset forth in paragraph (a) of this subsection,the director and the municipality and, if themunicipality is not a county, the county mayby agreement extend that date to no laterthan March 1.

(5) If a city does not notify the director,or notifies the director that it will not ad-minister the building inspection program, thecounty or counties in which the city is lo-cated shall administer and enforce thecounty program within the city in the samemanner as the program is administered andenforced outside the city, except as providedby subsection (6) of this section.

(6) If a county does not notify the direc-tor, or notifies the director that it will notadminister and enforce a building inspectionprogram, the director shall contract with amunicipality or other person or use suchstate employees or state agencies as arenecessary to administer and enforce a build-ing inspection program, and permit or otherfees arising therefrom shall be paid into theConsumer and Business Services Fund cre-ated by ORS 705.145 and credited to the ac-count responsible for paying the expensesthereof. A state employee may not be dis-placed as a result of using contract person-nel.

(7) The governing body of a municipalitymay commence responsibility for the admin-istration and enforcement of a building in-spection program beginning July 1 of anyyear by notifying the director no later than

January 1 of the same year and obtaining thedirector’s approval of an assumption plan asdescribed in subsection (11)(c) of this section.

(8) The department shall adopt rules torequire the governing body of each munic-ipality assuming or continuing a building in-spection program under this section tosubmit a written plan with the notice re-quired under subsection (4) or (7) of thissection. If the department is the governingbody, the department shall have a plan onfile. The plan must specify how cooperationwith the State Fire Marshal or a designee ofthe State Fire Marshal will be achieved andhow a uniform fire code will be consideredin the review process of the design and con-struction phases of buildings or structures.

(9) A municipality that administers andenforces a building inspection program pur-suant to this section shall recognize and ac-cept the performances of state building codeactivities by businesses and persons author-ized under ORS 455.457 to perform the activ-ities as if the activities were performed bythe municipality. A municipality is not re-quired to accept an inspection, a plan or aplan review that does not meet the require-ments of the state building code.

(10) The department or a municipalitythat accepts an inspection or plan review asrequired by this section by a person licensedunder ORS 455.457 has no responsibility orliability for the activities of the licensee.

(11) In addition to the requirements ofORS 455.100 and 455.110, the director shallregulate building inspection programs thatmunicipalities assume on or after January 1,2002. Regulation under this subsection shallinclude but not be limited to:

(a) Creating building inspection programapplication and amendment requirements andprocedures;

(b) Granting or denying applications forbuilding inspection program authority andamendments;

(c) Requiring a municipality assuming abuilding inspection program to submit withthe notice given under subsection (7) of thissection an assumption plan that includes, ata minimum:

(A) A description of the intended avail-ability of program services, including pro-posed service agreements for carrying outthe program during at least the first twoyears;

(B) Demonstration of the ability and in-tent to provide building inspection programservices for at least two years;

(C) An estimate of proposed permit re-venue and program operating expenses;

(D) Proposed staffing levels; and



(E) Proposed service levels;(d) Reviewing procedures and program

operations of municipalities;(e) Creating standards for efficient, effec-

tive, timely and acceptable building inspec-tion programs;

(f) Creating standards for justifying in-creases in building inspection program feesadopted by a municipality;

(g) Creating standards for determiningwhether a county or department building in-spection program is economically impaired inits ability to reasonably continue providingthe program throughout a county, if anothermunicipality is allowed to provide a buildinginspection program within the same county;and

(h) Enforcing the requirements of thissection.

(12) The department may assume admin-istration and enforcement of a building in-spection program:

(a) During the pendency of activities un-der ORS 455.770;

(b) If a municipality abandons or is nolonger able to administer the building in-spection program; and

(c) If a municipality fails to substantiallycomply with any provision of this section orof ORS 455.465, 455.467 and 455.469.

(13) If the department assumes the ad-ministration and enforcement of a buildinginspection program under this section, in ad-dition to any other power granted to the di-rector, the director may:

(a) Enter into agreements with localgovernments under ORS 455.185 regardingthe administration and enforcement of theassumed building inspection program;

(b) Take action as described in ORS455.192 to ensure that sufficient staff andother resources are available for the admin-istration and enforcement of the assumedbuilding inspection program; and

(c) Charge fees described in ORS 455.195for department services provided in adminis-tering and enforcing the assumed buildinginspection program.

(14) A municipality that abandons orotherwise ceases to administer and enforcea building inspection program that the mu-nicipality assumed under this section maynot resume the administration or enforce-ment of the program for at least two years.The municipality may resume the adminis-tration and enforcement of the abandonedprogram only on July 1 of an odd-numberedyear. Prior to resuming the administrationand enforcement of the program, the munic-

ipality must follow the notification procedureset forth in subsection (7) of this section.[2001 c.573 §1; 2005 c.22 §328; 2007 c.487 §1; 2007 c.549§§4,5; 2009 c.696 §§23,24; 2013 c.528 §11]


455.150 Selective municipal buildinginspection programs; building officials;rules; program duration, plan, failure andabandonment; limitation on program re-sumption. (1) Except as provided in subsec-tion (15) of this section, a municipality thatassumes the administration and enforcementof a building inspection program prior toJanuary 1, 2002, may administer and enforceall or part of a building inspection program.A building inspection program:

(a) Is a program that includes the fol-lowing:

(A) The state building code, as defined inORS 455.010, except as set forth in paragraph(b) of this subsection.

(B) Manufactured structure installationrequirements under ORS 446.155, 446.185 (1)and 446.230.

(C) Manufactured dwelling parks andmobile home parks under ORS chapter 446.

(D) Park and camp programs regulatedunder ORS 455.680.

(E) Tourist facilities regulated underORS 446.310 to 446.350.

(F) Manufactured dwelling alterationsregulated under ORS 446.155.

(G) Manufactured structure accessorybuildings and structures under ORS 446.253.

(H) Boilers and pressure vessels de-scribed in rules adopted under ORS 480.525(5).

(b) Is not a program that includes:(A) Boiler and pressure vessel programs

under ORS 480.510 to 480.670 except thosedescribed in rules adopted under ORS 480.525(5);

(B) Elevator programs under ORS 460.005to 460.175;

(C) Amusement ride regulation underORS 460.310 to 460.370;

(D) Prefabricated structure regulationunder ORS chapter 455;

(E) Manufacture of manufactured struc-tures programs under ORS 446.155 to 446.285,including the administration and enforce-ment of federal manufactured dwelling con-struction and safety standards adopted underORS 446.155 or the National ManufacturedHousing Construction and Safety StandardsAct of 1974;



(F) Licensing and certification, or theadoption of statewide codes and standards,under ORS chapter 446, 447, 455, 479 or 693;and

(G) Review of plans and specifications asprovided in ORS 455.685.

(2) A municipality that administers abuilding inspection program as allowed underthis section shall do so for periods of fouryears. The Department of Consumer andBusiness Services shall adopt rules to adjusttime periods for administration of a buildinginspection program to allow for variations inthe needs of the department and participants.

(3) When a municipality administers abuilding inspection program, the governingbody of the municipality shall, unless othermeans are already provided, appoint a personto administer and enforce the building in-spection program or parts thereof, who shallbe known as the building official. A buildingofficial shall, in the municipality for whichappointed, attend to all aspects of code en-forcement, including the issuance of allbuilding permits. Two or more municipalitiesmay combine in the appointment of a singlebuilding official for the purpose of adminis-tering a building inspection program withintheir communities.

(4)(a) By January 1 of the year precedingthe expiration of the four-year period de-scribed in subsection (2) of this section, thegoverning body of the municipality shall no-tify the Director of the Department of Con-sumer and Business Services and, if not acounty, notify the county whether the mu-nicipality will continue to administer thebuilding inspection program, or parts thereof,after expiration of the four-year period. Ifparts of a building inspection program are tobe administered and enforced by a munic-ipality, the parts shall correspond to a clas-sification designated by the director asreasonable divisions of work.

(b) Notwithstanding the January 1 dateset forth in paragraph (a) of this subsection,the director and the municipality and, if themunicipality is not a county, the county mayby agreement extend that date to no laterthan March 1.

(5) If a city does not notify the director,or notifies the director that it will not ad-minister certain specialty codes or partsthereof under the building inspection pro-gram, the county or counties in which thecity is located shall administer and enforcethose codes or parts thereof within the cityin the same manner as it administers andenforces them outside the city, except asprovided by subsection (6) of this section.

(6) If a county does not notify the direc-tor, or notifies the director that it will not

administer and enforce certain specialtycodes or parts thereof under the building in-spection program, the director shall contractwith a municipality or other person or usesuch state employees or state agencies as arenecessary to administer and enforce thosecodes or parts thereof, and permit or otherfees arising therefrom shall be paid into theConsumer and Business Services Fund cre-ated by ORS 705.145 and credited to the ac-count responsible for paying such expenses.A state employee may not be displaced as aresult of using contract personnel.

(7) If a municipality administering abuilding inspection program under this sec-tion seeks to administer additional parts ofa program, the municipality must complywith ORS 455.148, including the requirementthat the municipality administer and enforceall aspects of the building inspection pro-gram. Thereafter, the municipality is subjectto ORS 455.148 and ceases to be subject tothis section.

(8) The department shall adopt rules torequire the governing body of each munic-ipality to submit a written plan with the no-tice required under subsection (4) of thissection. If the department is the governingbody, the department shall have a plan onfile. The plan shall specify how cooperationwith the State Fire Marshal or a designee ofthe State Fire Marshal will be achieved andhow a uniform fire code will be consideredin the review process of the design and con-struction phases of buildings or structures.

(9) A municipality that administers acode for which persons or businesses are au-thorized under ORS 455.457 to perform ac-tivities shall recognize and accept thoseactivities as if performed by the municipality.A municipality is not required to accept aninspection, a plan or a plan review that doesnot meet the requirements of the statebuilding code.

(10) The department or a municipalitythat accepts an inspection or plan review asrequired by this section by a person licensedunder ORS 455.457 has no responsibility orliability for the activities of the licensee.

(11) In addition to the requirements ofORS 455.100 and 455.110, the director shallregulate building inspection programs of mu-nicipalities assumed prior to January 1, 2002.Regulation under this subsection shall in-clude but not be limited to:

(a) Creating building inspection programapplication and amendment requirements andprocedures;

(b) Granting or denying applications forbuilding inspection program authority andamendments;



(c) Reviewing procedures and programoperations of municipalities;

(d) Creating standards for efficient, effec-tive, timely and acceptable building inspec-tion programs;

(e) Creating standards for justifying in-creases in building inspection program feesadopted by a municipality;

(f) Creating standards for determiningwhether a county or department building in-spection program is economically impaired inits ability to reasonably continue providingthe program or part of the program through-out a county, if another municipality is al-lowed to provide a building inspectionprogram or part of a program within thesame county; and

(g) Enforcing the requirements of thissection.

(12) The department may assume admin-istration and enforcement of a building in-spection program:

(a) During the pendency of activities un-der ORS 455.770;

(b) If a municipality abandons any partof the building inspection program or is nolonger able to administer the building in-spection program; and

(c) If a municipality fails to substantiallycomply with any provision of this section orof ORS 455.465, 455.467 and 455.469.

(13) If the department assumes the ad-ministration and enforcement of a buildinginspection program under this section, in ad-dition to any other power granted to the di-rector, the director may:

(a) Enter into agreements with localgovernments under ORS 455.185 regardingthe administration and enforcement of theassumed building inspection program;

(b) Take action as described in ORS455.192 to ensure that sufficient staff andother resources are available for the admin-istration and enforcement of the assumedbuilding inspection program; and

(c) Charge fees described in ORS 455.195for department services provided in adminis-tering and enforcing the assumed buildinginspection program.

(14) If a municipality abandons or other-wise ceases to administer all or part of abuilding inspection program described in thissection, the municipality may not resume theadministration and enforcement of the aban-doned program or part of a program for atleast two years. The municipality may re-sume the administration and enforcement ofthe abandoned program or part of a programonly on July 1 of an odd-numbered year. Toresume the administration and enforcement

of the abandoned program or part of a pro-gram, the municipality must comply withORS 455.148, including the requirement thatthe municipality administer and enforce allaspects of the building inspection program.Thereafter, the municipality is subject toORS 455.148 and ceases to be subject to thissection.

(15) A municipality that administers andenforces a building inspection program underthis section shall include in the program theinspection of boilers and pressure vessels de-scribed in subsection (1)(a)(H) of this section.[Formerly 456.800; 1991 c.308 §1; 1991 c.410 §1; 1993 c.463§1; 1993 c.744 §89; 1995 c.553 §1; 1999 c.1045 §15; 2001c.573 §3; 2007 c.487 §2; 2009 c.696 §25; 2013 c.528 §12]

455.152 Objections to municipal as-sumption of building inspection program.(1) A municipality, 10 or more persons or anassociation with 10 or more members mayfile objections to a municipality’s assumptionof a building inspection program. The ob-jections must be filed within 30 days afterthe Director of the Department of Consumerand Business Services gives notice of the ap-plication.

(2) The director, by rule, shall establisha process for reviewing objections filed undersubsection (1) of this section. The reviewprocess shall include but need not be limitedto:

(a) Identification of economic impair-ment, if any, affecting the municipality;

(b) Demonstration by the municipalitythat all building inspection program permitsand services will be available, including anyservice agreements for carrying out buildingprogram services;

(c) Review of all elements of the assump-tion plan submitted by the municipality;

(d) Demonstration by the municipality ofthe ability to provide building inspectionprogram services for at least two years; and

(e) Review of proposed levels of service,including the municipality’s ability to main-tain or improve upon existing service levels.

(3) Upon completion of a review undersubsection (2) of this section, the directorshall issue a final agency order approving ordisapproving the application. [2001 c.573 §2]


455.153 Municipal authority to admin-ister specialty code or building require-ments; effect on jurisdiction of agencies.(1) A municipality may administer any spe-cialty code or building requirements asthough the code or requirements were ordi-



nances of the municipality if the municipal-ity is authorized to administer:

(a) The specialty code under ORS chapter447 or 455 or ORS 479.510 to 479.945 and479.995.

(b) Mobile or manufactured dwellingparks requirements adopted under ORS446.062.

(c) Temporary parks requirementsadopted under ORS 446.105.

(d) Manufactured dwelling installation,support and tiedown requirements adoptedunder ORS 446.230.

(e) Park or camp requirements adoptedunder ORS 455.680.

(2) Administration of any specialty codeor building requirement includes establishinga program intended to verify compliance withstate licensing requirements and all otheradministrative and judicial aspects of en-forcement of the code or requirement. Noth-ing in this section affects the concurrentjurisdiction of the Director of the Depart-ment of Consumer and Business Services, theBuilding Codes Structures Board, the StatePlumbing Board, the Electrical and ElevatorBoard, the Residential and ManufacturedStructures Board or the Mechanical Boardto impose civil penalties for violations com-mitted within municipalities. [1995 c.190 §2; 2001c.411 §17; 2003 c.675 §§22,23; 2009 c.567 §16]


455.154 Alternative permit and inspec-tion program. (1) Notwithstanding ORS447.076, 455.627, 479.560 and 479.565, the De-partment of Consumer and Business Services,in consultation with the appropriate advisoryboards, may establish special alternative per-mit and inspection programs for any instal-lations or equipment regulated under thestate building code. The alternative programsmay include, but need not be limited to:

(a) Programs for work, other than life-safety work, performed in commercial, man-ufacturing, industrial and institutionalfacilities; and

(b) Inspection programs for in-plant con-struction.

(2) Every municipality that administersand enforces a building program under ORS455.148 or 455.150 shall administer and en-force within the municipality any special al-ternative permit and inspection program thatthe department makes applicable to that mu-nicipality.

(3) A municipality may apply to the de-partment for approval of municipal applica-tion forms, procedures and criteria for planreview, permits and inspections and method-

ologies for determining fee amounts, for useby the municipality in carrying out an appli-cable special alternative permit and inspec-tion program.

(4) If the department determines that anoptional special alternative permit and in-spection program affects only some of thejurisdictions that are subject to ORS 455.046,the requirements of ORS 455.046 are applica-ble only to standard permit and inspectionprograms and not to the optional program.[2003 c.368 §2; 2005 c.288 §1]


455.155 Statewide permit and inspec-tion system for minor construction work.Notwithstanding ORS 447.076, 455.627,479.560 and 479.565, the Department of Con-sumer and Business Services, in consultationwith the appropriate advisory boards, mayestablish a statewide permitting and inspec-tion system for minor construction work.Every municipality that administers and en-forces a building program under ORS 455.148or 455.150 must recognize and accept permitsissued by the department under this section.[2003 c.368 §1]


455.156 Municipal investigation andenforcement of certain violations; noticeof civil penalty; department to developprograms; defense for violation of build-ing inspection program. (1) Notwithstand-ing any other provision of this chapter, ORSchapter 693 or ORS 447.010 to 447.156,447.992, 479.510 to 479.945, 479.990 or 479.995,the Department of Consumer and BusinessServices shall carry out the provisions of thissection.

(2)(a) A municipality that establishes abuilding inspection program under ORS455.148 or a plumbing inspection programunder ORS 455.150 covering installations un-der the plumbing specialty code or Low-RiseResidential Dwelling Code may act on behalfof the State Plumbing Board to investigateviolations of and enforce ORS 447.040,693.030 and 693.040 and to issue notices ofproposed assessment of civil penalties forthose violations.

(b) A municipality that establishes abuilding inspection program under ORS455.148 or an electrical inspection programunder ORS 455.150 covering installations un-der the electrical specialty code or Low-RiseResidential Dwelling Code may act on behalfof the Electrical and Elevator Board to in-



vestigate violations of and enforce ORS479.550 (1) and 479.620 and to issue noticesof proposed assessment of civil penalties forthose violations.

(c) A municipality that establishes abuilding inspection program under ORS455.148 or 455.150 may investigate violationsand enforce any provisions of the programadministered by the municipality.

(3) The department shall establish:(a) Procedures, forms and standards to

carry out the provisions of this section, in-cluding but not limited to creating preprintednotices of proposed assessment of penaltiesthat can be completed and served by munici-pal inspectors;

(b) A program to provide that all of themoneys recovered by the department, lesscollection expenses, be paid to the munic-ipality that initiated the charges when aperson charged with a violation as providedin subsection (2) of this section, other thana violation of a licensing requirement, agreesto the entry of an assessment of civil penaltyor does not request a hearing, and an orderassessing a penalty is entered against theperson;

(c) A uniform citation process to be usedin all jurisdictions of the state for violationof a licensing requirement. The process mayinclude but need not be limited to all pro-gram areas administered by a municipalityunder ORS 455.148 or 455.150 and may pro-vide a uniform method for checking licensestatus and issuing citations for violation ofa licensing requirement, and a consistent ba-sis for enforcement of licensing requirementsand treatment of violations, including fineamounts;

(d) A program to provide a division of themoneys recovered by the department withthe municipality that initiated the charges,when a person charged with a violation asprovided in subsection (2) of this section,other than a violation of a licensing require-ment, requests a hearing and is assessed apenalty. One-half of the amounts recoveredshall be paid to the municipality. The de-partment shall keep an amount equal to itscosts of processing the proceeding and col-lection expenses out of the remaining one-half and remit the balance, if any, to themunicipality; and

(e) A program to require municipalitiesto investigate violations of the department’spermit requirements for plumbing installa-tions and services under the plumbing spe-cialty code and for plumbing and electricalinstallations and services under the Low-RiseResidential Dwelling Code, and to:

(A) Initiate notices of proposed assess-ment of civil penalties as agents of the

boards designated in subsection (2) of thissection; and

(B) Pay the agents of the boards out ofnet civil penalty recoveries as if the recov-eries were under paragraphs (b) and (d) ofthis subsection.

(4) The assessment of a civil penalty un-der this section by a municipality is subjectto the amount limitations set forth in ORS455.895.

(5)(a) It shall be a defense for any personcharged with a penalty for violation of abuilding inspection program permit require-ment covering plumbing installations underthe plumbing specialty code, electrical permitrequirements under ORS 479.550 or plumbingor electrical requirements under the Low-Rise Residential Dwelling Code that the per-son was previously penalized for the sameoccurrence.

(b) A building inspection program permitrequirement is a requirement contained in aspecialty code or municipal ordinance or rulerequiring a permit before the particular in-stallations covered by the codes are com-menced.

(c) A penalty for the same occurrenceincludes a combination of two or more of thefollowing that are based on the same plumb-ing or electrical installation:

(A)(i) An investigative or other fee addedto an electrical permit fee when a permitwas obtained after the electrical installationwas started;

(ii) A civil penalty pursuant to ORS479.995 for violation of ORS 479.550 for fail-ure to obtain an electrical permit;

(iii) A civil penalty pursuant to ORS455.895 for failure to obtain an electricalpermit under the Low-Rise ResidentialDwelling Code; or

(iv) A municipal penalty, other than aninvestigative fee, for making an electricalinstallation under the electrical specialtycode or the Low-Rise Residential DwellingCode without a permit; or

(B)(i) An investigative or other fee addedto a plumbing permit fee when a permit wasobtained after the plumbing installation wasstarted;

(ii) A civil penalty pursuant to ORS447.992 for failure to obtain a plumbing per-mit as required under the plumbing specialtycode;

(iii) A civil penalty pursuant to ORS455.895 for failure to obtain a plumbing per-mit under the Low-Rise Residential DwellingCode; or

(iv) A municipal penalty, other than aninvestigative fee, for making a plumbing in-



stallation under the plumbing specialty codeor the Low-Rise Residential Dwelling Codewithout a permit. [1995 c.553 §12; 2001 c.411 §18;2001 c.573 §6a; 2003 c.675 §24; 2005 c.758 §20]


455.157 Process for municipal imposi-tion of monetary penalties. (1) The Legis-lative Assembly finds and declares thatenforcement of the state building code in afair, equitable and uniform manner through-out this state is a matter of state concern.

(2) If a municipality administers a build-ing inspection program under ORS 455.148or 455.150, a monetary penalty assessed un-der the program for a violation must be as-sessed as a civil penalty. This subsectiondoes not prohibit a municipality from charg-ing a violator an increased permit fee or in-vestigative fee, seeking injunctive relief froma violation or taking any enforcement actionthat does not include a monetary penalty.This subsection does not limit the terms orconditions of any voluntary agreement forthe resolution of a violation.

(3) A municipality may not assess a civilpenalty for a violation under a building in-spection program unless the municipalityprovides to the party that is subject to thecivil penalty:

(a) Notice that:(A) Describes the alleged violation, in-

cluding any relevant code provision numbers,ordinance numbers or other identifying ref-erences;

(B) States that the municipality intendsto assess a civil penalty for the violation andstates the amount of the civil penalty;

(C) States that the party may challengethe assessment of a civil penalty; and

(D) Describes the means and the deadlinefor informing the municipality that the partyis challenging the assessment of the civilpenalty; and

(b) A municipal administrative processother than a judicial proceeding in a courtof law, that affords the party an opportunityto challenge the civil penalty assessment be-fore an individual, department or body thatis other than the municipality’s building in-spector or building official.

(4) If the municipality assesses a civilpenalty for a violation under a building in-spection program, the amount of the civilpenalty assessed for the violation may notexceed the maximum civil penalty amountauthorized for an equivalent specialty codeviolation under ORS 455.895.

(5) The costs incurred by a municipalityin providing notice and administrative proc-

ess under this section are building inspectionprogram administration and enforcementcosts for the purpose of fee adoption underORS 455.210. [2009 c.476 §2]


455.158 Verification of required licenseprior to issuance of permit. (1) As used inthis section:

(a) “Public body” has the meaning giventhat term in ORS 174.109.

(b) “Work on a structure” means theconstruction, reconstruction, alteration orrepair of a structure.

(2) A public body that administers andenforces a building inspection program shallensure that a person required to be licensedunder a provision of ORS 446.003 to 446.200,446.225 to 446.285, 446.395 to 446.420, 446.566to 446.646, 446.666 to 446.746, 479.510 to479.945, 479.950 and 480.510 to 480.670, thischapter or ORS chapter 447, 460 or 693 inorder to obtain a permit for work on astructure has a current, valid license of thetype required for the permit. [2007 c.549 §3]


455.160 Failure to provide timely in-spections or plan reviews prohibited; de-mand; mandamus. (1) The municipalitythat is responsible for state building codeadministration and enforcement in a munic-ipality pursuant to ORS 455.148 or 455.150,or the Department of Consumer and BusinessServices if the department is responsible forstate building code administration and en-forcement pursuant to ORS 455.148 or455.150, may not engage in a pattern of con-duct of failing to provide timely inspectionsor plan reviews without reasonable cause.

(2) Any person adversely affected by apattern of conduct prohibited in subsection(1) of this section may serve the municipalityor the department with a written demand toprovide timely inspections or plan reviews.

(3) If a municipality, within five days ofreceipt of the demand, fails to provide timelyinspections or plan reviews without reason-able cause, the person who served the de-mand may seek to compel the inspections orplan reviews through a writ of mandamuspursuant to ORS 34.105 to 34.240. If thecourt finds that the municipality has engagedin a pattern of conduct of failing to providetimely inspections or plan reviews withoutreasonable cause, it may direct the munic-ipality to provide timely inspections or planreviews or to transfer the administration andenforcement 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 ofreceipt of the demand, fails to provide timelyinspections or plan reviews without reason-able cause, the person who served the de-mand may seek to compel the inspections orplan reviews through a writ of mandamuspursuant to ORS 34.105 to 34.240. If thecourt finds that the department has engagedin a pattern of conduct of failing to providetimely inspections or plan reviews withoutreasonable cause, it may direct the depart-ment to provide timely inspections or planreviews or to transfer the administration andenforcement of the code in question to anappropriate municipality, if the municipalityaccepts the responsibility. A municipalitymay accept the transfer of the administrationand enforcement of a code under this sub-section without becoming subject to ORS455.148 as a result of accepting the transfer.[Formerly 456.803; 1995 c.553 §7; 2001 c.573 §7]

455.165 Standards for building codesinformation collected and maintained bymunicipalities; rules. (1) As used in thissection:

(a) “Form and format” has the meaninggiven that term in ORS 455.097.

(b) “Standards” means the content, pro-cessing, form and format of building codesinformation collected and maintained by mu-nicipalities.

(2) The Department of Consumer andBusiness Services may adopt rules establish-ing building codes information standards formunicipalities administering and enforcingbuilding inspection programs. The depart-ment shall design the standards to ensureconsistency between municipalities regardingbuilding inspections, permits, plans specifica-tions and other building codes information.The department may not adopt standardsthat:

(a) Waive any requirement imposed bystatute or by rule of another state agency forsubmitting building permit applications,building plans, specifications or other build-ing program information in physical form.

(b) Require a municipality to assume orexpand a building inspection program or toprovide additional building inspection pro-gram services. [2007 c.69 §3]


455.170 Director may delegate certainduties; fees. (1) The Director of the Depart-ment of Consumer and Business Services

shall delegate to any municipality which re-quests any of the authority, responsibilitiesand functions of the director relating to rec-reational parks, organizational camps andpicnic parks as defined in ORS 446.310, in-cluding but not limited to plan review andinspections, if the director determines thatthe municipality is willing and able to carryout the rules of the director relating to suchauthority, responsibilities and functions. Thedirector shall review and monitor eachmunicipality’s performance under this sub-section. In accordance with ORS chapter 183,the director may suspend or rescind a deleg-ation under this subsection. If it is deter-mined that a municipality is not carrying outsuch rules or the delegation is suspended,the unexpended portion of the fees collectedunder subsection (2) of this section shall beavailable to the director for carrying out theauthority, responsibility and functions underthis section.

(2) The director shall determine, by ad-ministrative rule, the amount of fee whichthe municipality may charge and retain forany function undertaken pursuant to subsec-tion (1) of this section. The amount of thefees shall not exceed the costs of administer-ing the delegated functions. The municipal-ity, quarterly, shall remit 15 percent of thecollected fees to the director for monitoringmunicipal programs and for providing infor-mational material necessary to maintain auniform state program.

(3) In any action, suit or proceedingarising out of municipal administration offunctions pursuant to subsection (1) of thissection and involving the validity of a ruleadopted by the director, the director shall bemade a party to the action, suit or proceed-ing. [1987 c.414 §36a; 1991 c.227 §3]


455.180 Duty of city, county to issuebuilding permit; restriction. (1) A city orcounty shall not refuse to issue or otherwisedeny a building permit, development permit,plumbing permit, electrical permit or othersimilar permit to any person applying for thepermit solely because the applicant has con-tracted for the performance of services by acontractor, subcontractor, supplier or otherperson who is subject to the business licensetax of the city or county and has failed topay the tax when due.

(2) As used in this section, “business li-cense tax” has the meaning given that termin ORS 701.015. [1987 c.581 §6]



(Full or Partial Transfer ofAdministration and Enforcement

Responsibilities)455.185 Agreements for full, divided,

mutual or joint administration and en-forcement. (1) Notwithstanding ORS455.148, 455.150 and 455.153, upon request byone or more municipalities and with theconsent of all affected parties, the Directorof the Department of Consumer and BusinessServices may enter into an agreement for theDepartment of Consumer and Business Ser-vices to uniformly administer and enforce allor a portion of a building inspection programwithin a geographic area. The geographicarea may be a municipality, a region com-prising parts of more than one municipalityor a region comprising multiple municipal-ities. The geographic area need not corre-spond to the jurisdictional boundaries ofmunicipalities. The agreement may providefor the department to perform administrationand enforcement for a specified period or forcarrying out one or more particular projects.

(2) The terms of an agreement undersubsection (1) of this section may specifywhether the department is to utilize depart-ment resources or combine resources withone or more of the municipalities to carryout an agreement. An agreement may com-bine department and local government re-sources in any manner that the partiesbelieve will provide for the efficient and uni-form administration of the building inspec-tion program within the geographic area,including but not limited to full, divided,mutual or joint performance of any of theadministrative or enforcement functions byany of the parties to the agreement. A deci-sion by the director regarding whether toenter into an agreement under subsection (1)of this section, and the content of anyagreement that the director enters into un-der subsection (1) of this section, is not sub-ject to review by the Attorney General orthe Oregon Department of AdministrativeServices and is subject to challenge or appealunder ORS chapter 183 only for failure tocomply with an express requirement createdunder ORS 455.185 to 455.198.

(3) An agreement under subsection (1) ofthis section is not an abandonment of abuilding inspection program for purposes ofORS 455.148 or 455.150.

(4) If the Department of Consumer andBusiness Services enters into an agreementunder subsection (1) of this section, the de-partment and a public body that offersconstruction-related services in the ge-ographic area may enter into an agreementfor providing access to the construction-related services on the electronic informa-tion system described in ORS 455.095 and

455.097. The agreement may include, butneed not be limited to, provision for accessthat allows the electronic submission of anapplication to the public body for aconstruction-related permit. As used in thissubsection, “public body” has the meaninggiven that term in ORS 174.109. [2013 c.528 §5;2015 c.170 §4]


455.188 Fee revenue generated underagreement. (1) An agreement under ORS455.185 may provide for the parties to theagreement to share any fee revenue gener-ated by the administration and enforcementof the agreement and to expend the fee re-venue anywhere within the geographic areacovered by the agreement.

(2) Notwithstanding ORS 455.210, if anagreement under ORS 455.185 provides forthe Department of Consumer and BusinessServices to administer and enforce a buildinginspection program for which one or moremunicipalities have adopted a fee or hourlyrate, subject to subsection (3)(a) of this sec-tion the department may charge themunicipally adopted fee or hourly rate whenproviding the building inspection programservices within a municipality.

(3) Fees described in subsection (2) ofthis section that are charged by the depart-ment:

(a) Are subject to any surcharges de-scribed under ORS 455.210, 455.220 or455.447; and

(b) Notwithstanding ORS 455.210, are notsubject to Oregon Department of Adminis-trative Services approval.

(4) Notwithstanding ORS 293.265, moneysfrom fees described in this section that arecollected or received by, or in the possessionof, a party to an agreement under ORS455.185 and are to be expended by or on be-half of the state shall be turned over to theState Treasurer no later than one businessday after the parties to the agreement havedetermined that the moneys are moneys tobe expended by or on behalf of the state.[2013 c.528 §6]

Note: See note under 455.185.455.190 [1993 c.429 §2; 1995 c.553 §2a; 1995 c.714 §1;

1999 c.59 §127; 1999 c.508 §1; 2001 c.573 §8; repealed by2003 c.368 §4]

455.192 Staffing and other resourcesfor building code administration and en-forcement. (1) Subject to ORS 293.235 to293.245, 293.250, 293.260 to 293.280, 293.285and 293.293 and any rules adopted underORS 293.235 to 293.245, 293.250, 293.260 to293.280, 293.285 and 293.293, and notwith-standing ORS chapter 240, 276, 282, 283, 291



or 292 or other provisions of ORS chapter293 or the rules adopted under ORS chapter240, 276, 282, 283, 291 or 292, except as pro-vided under this section the Director of theDepartment of Consumer and Business Ser-vices may take any action the director con-siders reasonable to ensure that sufficientstaff and other resources are available forthe administration and enforcement of thestate building code. Subject to subsections (2)to (5) of this section, actions that the direc-tor may take under this section include, butare not limited to:

(a) Utilizing municipal personnel, or hir-ing former municipal personnel, to carry outthe administrative and enforcement duties ofthe Department of Consumer and BusinessServices under an agreement described inORS 455.185;

(b) Employing additional Department ofConsumer and Business Services staff forcarrying out the administrative and enforce-ment duties of the department under anagreement described in ORS 455.185; and

(c) Expending available resources tocarry out department responsibilities to pro-vide sufficient staff and other resources un-der an agreement described in ORS 455.185.

(2) Subsection (1) of this section does notauthorize action within a municipality ad-ministering and enforcing a building inspec-tion program under ORS 455.148 or 455.150except as provided in an agreement describedin ORS 455.185 to which the municipality isa party or has consented.

(3) The utilization of municipal personnelor hiring of former municipal personnel un-der subsection (1)(a) of this section is subjectto any applicable collective bargainingagreements and may not be used to displaceany state employee. Municipal personnelwhom the department utilizes under subsec-tion (1)(a) of this section retain their statusas municipal personnel for purposes of ORS30.260 to 30.300 while carrying out the ad-ministrative and enforcement duties of thedepartment under an agreement.

(4) The employment of additional staffunder subsection (1)(b) of this section is sub-ject to any limitations established by theLegislative Assembly on the number of totalpersonnel approved for the department. Tothe extent practicable, the director shall givepreference to the use of available state em-ployees to fulfill additional staffing require-ments.

(5) The employment of additional staffunder subsection (1)(b) of this section andthe expenditure of available resources undersubsection (1)(c) of this section must bepredicated upon the availability of adequate

revenue, which may include but need not belimited to revenue derived from municipalsources through an agreement described un-der ORS 455.185. The use of existing revenueand available resources to carry out anagreement under ORS 455.185 is not an ad-dition to or amendment of the legislativelyadopted budget for the department.

(6) Notwithstanding ORS 455.230, the di-rector may use moneys deposited in theConsumer and Business Services Fund fromfees collected under this section for the pur-pose of paying the department’s costs of car-rying out the administrative and enforcementduties of the department within any admin-istrative region established by the directoror a geographic region established by anagreement under ORS 455.185 or for thepurpose of assisting a local government tocarry out an agreement under ORS 455.185.[2013 c.528 §7]


455.195 Fees charged following sur-render or abandonment of municipalbuilding inspection program. (1) If the De-partment of Consumer and Business Servicesassumes the administration and enforcementof a building inspection program that hasbeen surrendered or abandoned by a munic-ipality, and immediately prior to the surren-der or abandonment the municipality wascharging a fee adopted under ORS 455.210 (3)that was different from the fee authorizedunder ORS 455.210 (1) for the same services,the department may charge the fee adoptedby the municipality for the services that thedepartment provides under the program.

(2) Fees described in subsection (1) ofthis section that are charged by the depart-ment:

(a) Are subject to any surcharges de-scribed under ORS 455.210, 455.220 or455.447; and

(b) Notwithstanding ORS 455.210, are notsubject to Oregon Department of Adminis-trative Services approval. [2013 c.528 §8]


455.198 Fee surcharge use. Notwith-standing any surcharge use described in ORS455.210 (4), the Director of the Departmentof Consumer and Business Services may usemoneys from surcharges imposed under ORS455.210 (4) for the purpose of paying the De-partment of Consumer and Business Services’costs of carrying out the administration andenforcement of the state building code withinan administrative region established by thedirector or a geographic region establishedby an agreement that the director enters intounder ORS 455.185. [2013 c.528 §9]




455.200 Policies and procedures; rules;consultation with boards; reports. TheDirector of the Department of Consumer andBusiness Services:

(1) May adopt rules, establish policiesand procedures and take other actions thedirector considers reasonable or expedientfor carrying out agreements under ORS455.148 (13), 455.150 (13) or 455.185 and anyduties, functions and powers of the directoror the Department of Consumer and BusinessServices under ORS 455.148 (13), 455.150 (13)or 455.185 to 455.198;

(2) Shall consult at least annually withappropriate advisory boards regarding anyagreements under ORS 455.185 or actionstaken by the director under ORS 455.148 (13),455.150 (13) or 455.185 to 455.198; and

(3) Shall report annually to the Legisla-tive Assembly as provided under ORS 192.230to 192.250 regarding any department activ-ities under ORS 455.148 (13), 455.150 (13) or455.185 to 455.198. The report shall include,but not be limited to, information regardingany projected need for an increase in de-partment resources required for carrying outthe administration and enforcement of build-ing inspection programs under ORS 455.148(13), 455.150 (13) or 455.185 to 455.198. [2013c.528 §10]


(Financial Administration)455.210 Fees; appeal of fees; sur-

charge; reduced fees; rules. (1) Fees shallbe prescribed as required by ORS 455.020 forplan review and permits issued by the De-partment of Consumer and Business Servicesfor the construction, reconstruction, alter-ation and repair of prefabricated structuresand of buildings and other structures and theinstallation of mechanical heating and venti-lating devices and equipment. The fees maynot exceed 130 percent of the fee scheduleprinted in the “Uniform Building Code,” 1979Edition, and in the “Uniform MechanicalCode,” 1979 Edition, both published by theInternational Conference of Building Offi-cials. Fees are not effective until approvedby the Oregon Department of AdministrativeServices.

(2) Notwithstanding subsection (1) of thissection, the maximum fee the Director of theDepartment of Consumer and Business Ser-vices may prescribe for a limited plan reviewfor fire and life safety as required under ORS479.155 shall be 40 percent of the prescribedpermit fee.

(3)(a) A municipality may adopt by ordi-nance or regulation such fees as may benecessary and reasonable to provide for theadministration and enforcement of any spe-

cialty code or codes for which the munic-ipality has assumed responsibility under ORS455.148 or 455.150. A municipality shall givethe director notice of the proposed adoptionof a new or increased fee under this subsec-tion. The municipality shall give the noticeto the director at the time the municipalityprovides the opportunity for public commentunder ORS 294.160 regarding the fee or, ifthe proposed fee is contained in an estimateof municipal budget resources, at the timenotice of the last budget meeting is publishedunder ORS 294.426.

(b) Ten or more persons or an associationwith 10 or more members may appeal theadoption of a fee described in this subsectionto the Director of the Department of Con-sumer and Business Services. The persons orassociation must file the appeal no later than60 days after the director receives notice ofthe proposed adoption of the fee from themunicipality under paragraph (a) of this sub-section. However, if the municipality failedto give notice to the director, an appeal maybe filed with the director within one yearafter adoption of the new or increased fee.Upon receiving a timely appeal, the directorshall, after notice to affected parties andhearing, review the municipality’s fee adop-tion process and the costs of administeringand enforcing the specialty code or codes re-ferred to in paragraph (a) of this subsection.The director shall approve the fee if the di-rector feels the fee is necessary and reason-able. If the director does not approve the feeupon appeal, the fee is not effective. The ap-peal process provided in this paragraph doesnot apply to fees that have been submittedfor a vote and approved by a majority of theelectors voting on the question.

(c) Fees collected by a municipality un-der this subsection shall be used for the ad-ministration and enforcement of a buildinginspection program for which the municipal-ity has assumed responsibility under ORS455.148 or 455.150.

(d) For purposes of paragraph (b) of thissubsection, in determining whether a fee isreasonable the director shall considerwhether:

(A) The fee is the same amount as orclosely approximates the amount of the feecharged by other municipalities of a similarsize and geographic location for the samelevel of service;

(B) The fee is calculated with the sameor a similar calculation method as the feecharged by other municipalities for the sameservice;

(C) The fee is the same type as the feecharged by other municipalities for the samelevel of service; and



(D) The municipality, in adopting the fee,complied with ORS 294.160, 294.361 and294.426 and this section and standardsadopted by the director under ORS 455.148(11) or 455.150 (11).

(4) Notwithstanding any other provisionof this chapter:

(a) For the purpose of partially defrayingstate administrative costs, there is imposeda surcharge in the amount of four percent ofthe total permit fees or, if the applicantchooses to pay an hourly rate instead ofpurchasing a permit, four percent of the totalhourly charges collected.

(b) For the purpose of partially defrayingstate inspection costs, there is imposed asurcharge in the amount of two percent ofthe total permit fees or, if the applicantchooses to pay an hourly rate instead ofpurchasing a permit, two percent of the totalhourly charges collected.

(c) For the purpose of defraying the costof administering and enforcing the statebuilding code, there is imposed a surchargeon permit fees and on hourly charges col-lected instead of permit fees. The surchargemay not exceed one percent of the total per-mit fees or, if the applicant chooses to payan hourly rate instead of purchasing a per-mit, one percent of the total hourly chargescollected.

(d) For the purpose of defraying the costof developing and administering the elec-tronic building codes information system de-scribed in ORS 455.095 and 455.097, there isimposed a surcharge in the amount of fourpercent on permit fees, or if the applicantchooses to pay an hourly rate instead ofpurchasing a permit, four percent of the totalhourly charges collected.

(5) Municipalities shall collect and remitsurcharges imposed under subsection (4) ofthis section to the director as provided inORS 455.220.

(6) The director shall adopt administra-tive rules to allow reduced fees for reviewof plans that have been previously reviewed.[Subsections (1) to (5) formerly 456.760; subsection (6)enacted as 1987 c.604 §6; 1997 c.856 §1; 1999 c.432 §1; 1999c.1045 §24; 1999 c.1082 §9; 2001 c.573 §9; 2001 c.673 §1;2005 c.193 §1; 2005 c.833 §3; 2007 c.69 §§5,6; 2011 c.473§§29,30; 2015 c.170 §5]

455.220 Surcharge on building permitfees; collection; deposit; use. (1) There ishereby imposed a surcharge in the amountof one percent of the total building permitfees or, if the applicant chooses to pay anhourly rate instead of purchasing a permit,one percent of the total hourly charges col-lected in connection with the constructionof, or addition or alteration to, buildings andequipment or appurtenances. Up to one-halfof the surcharge collected under this subsec-

tion may be used to fund the activities de-scribed in ORS 455.042 and 455.046. Theremainder of the surcharge collected underthis subsection shall be used for the purposeof defraying the costs of training and othereducational programs administered by theDepartment of Consumer and Business Ser-vices under this chapter.

(2) Permit surcharges shall be collectedby each municipality and remitted to the Di-rector of the Department of Consumer andBusiness Services. Each municipality havinga population greater than 40,000 shall, on amonthly basis, prepare and submit to the di-rector a report of permits and certificates is-sued in each class or category and fees andsurcharges thereon collected during themonth, together with other statistical infor-mation as required by the director concern-ing construction activity regulated by theparts of the state building code administeredby the municipality. All other municipalitiesshall submit a report described in this sub-section on a quarterly basis. The report shallbe in a form prescribed by the director andshall be submitted, together with a remit-tance covering the surcharges collected, byno later than the 15th day following themonth or quarter in which the surchargesare collected.

(3)(a) All surcharges and other fees pre-scribed by ORS 455.010 to 455.240 and455.410 to 455.740 and payable to the depart-ment, except fees received under ORS 455.148(6) or 455.150 (6), shall be deposited by thedirector in the Consumer and Business Ser-vices Fund created by ORS 705.145.

(b) Notwithstanding subsection (1) of thissection, the surcharge imposed under sub-section (1) of this section for permits estab-lished under ORS 446.062 (3), 446.176, 446.405(2), 446.430 (2) and 455.170 (2) shall be de-posited in the Consumer and Business Ser-vices Fund established under ORS 705.145and is continuously appropriated to the de-partment for use as provided in ORS 446.423.

(4) Except as provided in subsection (5)of this section, the director shall administertraining and other education programs underthis chapter through contracts with local ed-ucational institutions, professional associ-ations or other training providers.

(5) The director may:(a) Arrange for the department to offer

training and other education programs forbuilding officials and building inspectors; or

(b) Arrange for local educational insti-tutions, professional associations or othertraining providers to offer training and othereducation programs for building officials andbuilding inspectors. A contract between thedirector and a training provider under this



paragraph is subject to ORS 279B.235, but isotherwise exempt from ORS chapters 279Aand 279B and ORS 279C.100 to 279C.125 and279C.300 to 279C.470. [Formerly 456.860; 1993 c.744§90; 1995 c.553 §5; 1999 c.1045 §25; 1999 c.1082 §§10,10a;2001 c.573 §10; 2001 c.710 §9; 2003 c.675 §25; 2005 c.833§4; 2009 c.593 §4]

455.230 Use of Consumer and BusinessServices Fund moneys. (1) Except as oth-erwise provided by law, all moneys appropri-ated or credited to the Consumer andBusiness Services Fund and received underthis chapter, ORS 447.010 to 447.156, 447.992,460.005 to 460.175, 460.310 to 460.370, 479.510to 479.945, 479.995, 480.510 to 480.670 andORS chapter 693 hereby are appropriatedcontinuously for and shall be used by the di-rector for the purpose of carrying out theduties and responsibilities imposed upon thedepartment under this chapter, ORS 446.566to 446.646, 446.661 to 446.756, 447.010 to447.156, 447.992, 460.005 to 460.175, 460.310 to460.370, 479.510 to 479.945, 479.995 and480.510 to 480.670 and ORS chapter 693.

(2) Except as otherwise provided by law,all moneys appropriated or credited to theConsumer and Business Services Fund andreceived under ORS 446.003 to 446.200,446.210, 446.225 to 446.285, 446.395 to 446.420,446.566 to 446.646, 446.661 to 446.756 and455.220 (1) hereby are appropriated contin-uously for and shall be used by the directorfor the purpose of carrying out the dutiesand responsibilities imposed upon the de-partment under ORS 446.003 to 446.200,446.210, 446.225 to 446.285, 446.395 to 446.420,446.566 to 446.646 and 446.661 to 446.756, andeducation and training programs pertainingthereto. [Formerly 456.890; 1989 c.683 §9; 1993 c.744§91; 2001 c.710 §10; 2003 c.655 §75a]


455.240 Revenues from sales of build-ing codes publications; use. (1) All reven-ues derived from the sale of publications ofthe Department of Consumer and BusinessServices relating to building codes shall bedeposited in the Consumer and BusinessServices Fund.

(2) Moneys credited to the Consumer andBusiness Services Fund under subsection (1)of this section are continuously appropriatedto the department for use as provided in ORS455.022. [Formerly 456.910; 1993 c.744 §92; 2001 c.710§11]


(Exemptions Generally)455.310 Single-family residence repair

and maintenance exempt from codes; ex-emption itemized. (1) It is not the purposeof this chapter to require that permits beobtained or fees be paid for repairs andmaintenance that do not violate the intentof the structural and fire and life safety spe-cialty provisions of the State of OregonStructural Specialty Code and the Low-RiseResidential Dwelling Code, adopted pursuantto ORS 455.020 and 455.610, ORS chapter 476,ORS 479.015 to 479.200 and 479.210 to479.220, when such repair or maintenance isdone on a single-family residence, or a pri-vate garage, carport or storage shed that isaccessory to a single-family residence.

(2) Items designated by the Director ofthe Department of Consumer and BusinessServices, with the advice of the Residentialand Manufactured Structures Board, shall beexempt from permits and fees required underthis chapter. The director shall, pursuant toORS chapter 183, develop and maintain anapplicable list of such exempt items, whichshall include, but not be limited to, concreteslabs, driveways, sidewalks, masonry repair,porches, patio covers, painting, interior wall,floor or ceiling covering, nonbearing parti-tions, shelving, cabinet work, gutters,downspouts, small accessory buildings, doorand window replacements, replacement orrepair of siding and replacement or repair ofroofing. In making the list of exempt items,the director shall further define the items onthe list contained in this subsection so thatno item which adversely affects the struc-tural integrity of the dwelling shall be on thelist. [Formerly 456.753 and then 456.915; 1993 c.744 §93;2003 c.675 §26; 2009 c.567 §17]

455.312 Exemption from code of resi-dential prefabricated structures for out-of-state delivery. (1) For a residentialprefabricated structure manufactured in thisstate and intended for delivery in anotherstate, the Director of the Department ofConsumer and Business Services may not re-quire that:

(a) The prefabricated structure conformto the state building code.

(b) An inspector provide plan approvalsand inspections pursuant to ORS 455.715 to455.740.

(c) A person licensed under ORS 479.630,693.060 or 693.103 perform electrical orplumbing installations in the prefabricatedstructure.

(2) Nothing in subsection (1) of this sec-tion exempts a person that is renting, leas-ing, selling, exchanging, installing or offeringfor rent, lease, sale, exchange or installationa residential prefabricated structure from



meeting the insignia of compliance or certi-fication stamp requirements prescribed underORS 455.705 if the prefabricated structure isdelivered in or relocated to this state. [2005c.310 §2; 2005 c.758 §42b]


455.315 Exemption of agriculturalbuildings, agricultural grading and equinefacilities. (1) The provisions of this chapterdo not authorize the application of a statestructural specialty code to any agriculturalbuilding, agricultural grading or equine fa-cility.

(2) As used in this section:(a) “Agricultural building” means a

structure located on a farm or forest opera-tion and used for:

(A) Storage, maintenance or repair offarm or forestry machinery and equipment;

(B) The raising, harvesting and selling ofcrops or forest products;

(C) The feeding, breeding, managementand sale of, or the produce of, livestock,poultry, fur-bearing animals or honeybees;

(D) Dairying and the sale of dairy pro-ducts; or

(E) Any other agricultural, forestry orhorticultural use or animal husbandry, orany combination thereof, including the prep-aration and storage of the produce raised onthe farm for human use and animal use, thepreparation and storage of forest productsand the disposal, by marketing or otherwise,of farm produce or forest products.

(b) “Agricultural building” does notmean:

(A) A dwelling;(B) A structure used for a purpose other

than growing plants in which 10 or morepersons are present at any one time;

(C) A structure regulated by the StateFire Marshal pursuant to ORS chapter 476;

(D) A structure used by the public; or(E) A structure subject to sections 4001

to 4127, title 42, United States Code (theNational Flood Insurance Act of 1968) asamended, and regulations promulgated there-under.

(c) “Agricultural grading” means gradingrelated to a farming practice as defined inORS 30.930.

(d) “Equine facility” means a building lo-cated on a farm and used by the farm owneror the public for:

(A) Stabling or training equines; or(B) Riding lessons and training clinics.

(e) “Equine facility” does not mean:(A) A dwelling;(B) A structure in which more than 10

persons are present at any one time;(C) A structure regulated by the State

Fire Marshal pursuant to ORS chapter 476;or

(D) A structure subject to sections 4001to 4127, title 42, United States Code (theNational Flood Insurance Act of 1968) asamended, and regulations promulgated there-under.

(3) Notwithstanding the provisions ofsubsection (1) of this section, incorporatedcities may regulate agricultural buildingsand equine facilities within their boundariespursuant to this chapter. [Formerly 456.758 andthen 456.917; 1995 c.783 §1; 2003 c.74 §1; 2005 c.288 §3;2013 c.73 §3]

455.320 Owner-built dwellings exemptfrom certain structural code provisions;recording of exemption. (1) As used in thissection, unless the context requires other-wise:

(a) “Owner” means the owner of the titleto real property or the contract purchaser ofreal property, of record as shown on the lastavailable complete assessment roll whichperson has not taken advantage of the ex-emptions under subsection (2) of this sectionduring the five years prior to applying for anexemption under this section.

(b) “Owner-built dwelling and outbuild-ings” means a single-family residence andadjacent auxiliary structures the structuralcomponents of which are constructed en-tirely by the owner who intends to occupythe structures or by that owner and friendsand relatives of the owner assisting on anunpaid basis.

(2) Owner-built dwellings and outbuild-ings shall be exempt from any requirementsof the structural code for ceiling heights,room sizes and the maintenance of specifictemperature levels in those structures. Theexemption shall apply to the new construc-tion, renovation, remodeling or alteration ofan owner-built dwelling or outbuilding.

(3) A building permit issued for anowner-built dwelling or outbuilding shallnote whether the owner-built dwelling oroutbuilding complies with the requirementsit is exempted from under subsection (2) ofthis section. If the dwelling or other struc-ture does not comply with these require-ments, the owner-builder shall file a copy ofthe building permit with the county clerk,who shall make the permit a part of the per-manent deed record of the property. Theowner shall provide the county clerk with adescription of the property sufficient if itwere contained in a mortgage of the property



to give constructive notice of the mortgageunder the law of this state.

(4) Noncompliance with subsection (3) ofthis section shall not affect, in any manner,any conveyance of interest in property sub-ject to this section. [Formerly 456.920]

(Exemptions in Rural Areas)455.325 Definitions for ORS 455.325 to

455.350. As used in ORS 455.325 to 455.350,unless the context requires otherwise:

(1) “Owner” means the owner of the titleto real property or the contract purchaser ofreal property, of record as shown on the lastavailable complete assessment roll.

(2) “Owner-built dwelling and outbuild-ings” means a single-family residence andadjacent auxiliary structures the componentsof which, that are exempted from the struc-tural code under ORS 455.330, are con-structed entirely by the owner who intendsto occupy the structures or by that ownerand friends and relatives of the owner as-sisting on an unpaid basis.

(3) “Rural area” means any land in acounty which is located outside city limitsand any recognized urban growth boundariesunder that county’s comprehensive plan andwhich are described by the ordinance al-lowed under ORS 455.330. [Formerly 456.925]

455.330 Counties authorized to exemptowner-built dwellings in rural areas fromstructural code. Notwithstanding ORS455.040, a county may by ordinance:

(1) Exempt owner-built dwellings andoutbuildings in any rural area within thatcounty from compliance with the structuralcode, except as provided in ORS 455.340; and

(2) Establish maximum value or size lim-itations for structures exempted from thestructural code under subsection (1) of thissection. [Formerly 456.930]

455.335 Rural areas to be mapped;building permit issuance for exemptdwellings limited. (1) A county exemptingowner-built dwellings and outbuildings in ru-ral areas from the structural code under ORS455.330 shall designate those rural areasupon publicly available maps of readablescale showing individual property lines.

(2) A county ordinance under ORS455.330 shall provide that no person shall re-ceive a building permit in that county for anexempt owner-built dwelling and outbuildingsmore than once every five years. [Formerly456.935]

455.340 Code requirements to whichexemption may not apply. No county shallexempt any building from requirements ofthe structural code relating to:

(1) Fire egress, fire retardant, smokealarms and smoke detectors;

(2) Maximum bending stress allowed bythe structural code for structural members;or

(3) Insulation and energy conservation.[Formerly 456.940; 1999 c.307 §22]

455.345 Permit, fee, plan check andinspection provisions apply; notice ofnoncompliance to owner-builder; record-ing of notice; notice to purchasers. (1)Permit, fee, plan check and inspection re-quirements required by ORS 455.210 shallapply to owner-built dwellings and outbuild-ings exempted from the structural code un-der ORS 455.330.

(2) Building officials or specialty code in-spectors licensed under ORS 455.457 inspect-ing structures exempted from the structuralcode under ORS 455.325 to 455.350, shall:

(a) Require the owner-builder to complywith those structural code requirementslisted under ORS 455.340; and

(b) Inform the owner-builder in writingof those items which fail to comply with codestandards and are exempt from code stan-dards and make that information part of thepermanent inspection record on the struc-tures.

(3) An owner-builder of a structure ex-empted from the structural code under ORS455.325 to 455.350 shall file a notice with thecounty clerk who shall make the notice apart of the permanent deed record of theproperty. That notice shall contain the infor-mation provided to the owner-builder undersubsection (2)(b) of this section and a de-scription of the property sufficient if it werecontained in a mortgage of the property togive constructive notice of the mortgage un-der the law of this state.

(4) Any person, or that person’s agent,selling an owner-built dwelling or outbuild-ing exempted from the structural code underORS 455.325 to 455.350 shall notify each po-tential buyer of the existence, location andcontents of the notice filed under subsection(3) of this section prior to any commitmentto purchase the property. [Formerly 456.945; 1999c.1045 §16; 1999 c.1082 §12]

455.350 Purchaser’s remedies. (1) Anindividual who purchases an owner-builtdwelling or outbuilding exempted from thestructural code under ORS 455.325 to 455.350from an owner who has not complied withORS 455.345 (3) or (4) shall have a cause ofaction against the seller, within two yearsof the date of making the sale contract, foractual damages, if any.

(2) Noncompliance with ORS 455.345 (3)or (4) shall not affect, in any manner, any



conveyance of interest in property exemptedfrom the structural code under ORS 455.330.[Formerly 456.950]

(Mercury Thermostats)455.355 Rules governing mercury

thermostats. (1) The Director of the De-partment of Consumer and Business Servicesshall, by rule:

(a) Prohibit the installation of thermo-stats that contain mercury in commercialand residential buildings. The director maynot, under rules developed pursuant to thisparagraph, prohibit the installation of ther-mostats that contain mercury on industrialequipment used for safety controls.

(b) Establish a uniform notification andprocess for disposal and delivery of mercurythermostats by persons installing heating,ventilation or air conditioning systems. Per-sons installing heating, ventilation or airconditioning systems shall dispose of mer-cury thermostats according to the processestablished pursuant to this paragraph.

(2) As used in this section, “thermostat”means a device commonly used to sense and,through electrical communication with heat-ing, cooling or ventilation equipment, controlroom temperature. [2001 c.924 §3]


(Carbon Monoxide)455.360 Carbon monoxide alarms. (1)

As used in this section, “carbon monoxidealarm” has the meaning given that term inORS 105.836.

(2) A carbon monoxide alarm is requiredin a structure that:

(a) Is new construction or that undergoesreconstruction, alteration or repair for whicha building permit is required; and

(b) Is identified under the structural spe-cialty code as a residential Group R struc-ture.

(3) A carbon monoxide alarm required bythis section must be installed in accordancewith the manufacturer’s instructions and anyapplicable requirements of the state buildingcode. [2009 c.591 §8]


(Radon)455.365 Radon mitigation standards.

(1) The Building Codes Structures Board andthe Residential and Manufactured StructuresBoard shall adopt design and constructionstandards for mitigating radon levels in newresidential buildings that are identified underthe structural specialty code as Group R-2 orR-3 buildings and new public buildings. Inadopting the standards, the boards shall giveconsideration to any standards recommendedby the United States Environmental Pro-tection Agency for radon mitigation systemsin buildings.

(2) The boards shall make the design andconstruction standards for mitigating radonlevels applicable in:

(a) Baker, Clackamas, Hood River, Mult-nomah, Polk, Washington and YamhillCounties; and

(b) Any county for which the boards, af-ter consultation with the Oregon Health Au-thority, consider the standards appropriatedue to local radon levels.

(3) The Director of the Department ofConsumer and Business Services may au-thorize a municipality that administers andenforces one or more building inspectionprograms under ORS 455.148 or 455.150 toalso administer and enforce any applicablestandards for mitigating radon that areadopted by the boards.

(4) The director, in consultation with theboards, may adopt rules for the implementa-tion, administration and enforcement of thissection. [2010 c.83 §2]


(Agriculture Workforce Housing)455.380 Department as final authority

on agriculture workforce housing; rules;fees. (1) Notwithstanding the provisions ofORS 455.148 and 455.150, the Department ofConsumer and Business Services is the finalauthority in interpretation, execution andenforcement of state and municipal adminis-tration of building codes and rules with re-spect to construction of agricultureworkforce housing as defined in ORS 315.163.

(2) The department shall provide for astatewide uniform application and method ofcalculating permit fees for agriculture work-force housing as defined in ORS 315.163.

(3) The department shall adopt rules tocarry out the provisions of subsections (1)and (2) of this section. [1989 c.964 §§16,17; 2001c.573 §11; 2001 c.613 §16; 2003 c.588 §17; 2013 c.750 §26]



(Seismic Rehabilitation)455.390 Definitions for ORS 455.020,

455.390, 455.395 and 455.400. As used in ORS455.020, 455.390, 455.395 and 455.400:

(1) “Seismic rehabilitation” means con-struction of structural improvements to abuilding that result in the increased capabil-ity of the building to resist earthquake forcesand that are based on standards adopted bythe State of Oregon or by local governments.

(2) “Seismic rehabilitation agreement”means an agreement between a local govern-ment entity and a building owner pursuantto a seismic rehabilitation program for thephased completion of structural improve-ments to the owner’s building.

(3) “Seismic rehabilitation data” meansdata contained in any documents, reports,studies, test results, papers, files or otherrecords that result from a seismic rehabili-tation survey or are contained in a seismicrehabilitation agreement. “Seismic rehabili-tation data” does not include data or reportsrequired by ORS 455.447 or rules adoptedpursuant thereto.

(4) “Seismic rehabilitation program”means any program enacted under an ordi-nance of a local government entity that pro-vides for the seismic rehabilitation ofbuildings within the jurisdiction of the entityand authorizes the rehabilitation to bephased over a period of time not to exceed10 years.

(5) “Seismic rehabilitation survey” meansany investigation, survey, audit or otherprocess for generating data from which thelocal government entity and the buildingowner may determine and agree upon thedeficiencies that need to be addressed in aplan for the seismic rehabilitation of theowner’s building. [1995 c.400 §1]

Note: 455.390 to 455.400 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 455 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

455.395 Admissibility of data or agree-ments as evidence; immunity from cer-tain causes of action. (1) No seismicrehabilitation data or seismic rehabilitationagreement is admissible in evidence to provenegligence or culpable acts or omissions inconnection with injury, death or loss thatoccurs in an owner’s building as a result ofthe failure of the building to adequatelywithstand a seismic event. Such data oragreements are considered privileged and areexcluded from evidence admitted in any legalaction for the recovery of damages arisingfrom the building’s failure due to seismic ac-tivity.

(2) A person may not maintain a causeof action against a building owner for injury,death or loss that occurs in the owner’sbuilding as a result of a failure of the build-ing to adequately withstand a seismic event,provided the owner was in substantial com-pliance with the terms and conditions of aseismic rehabilitation agreement on the dateof the seismic event.

(3) The provisions of subsection (2) ofthis section shall apply only for the periodduring which the seismic rehabilitationagreement is in effect. [1995 c.400 §2]


455.400 Effect of seismic rehabilitationprovisions on exclusive remedy. Nothingin ORS 455.020, 455.390 and 455.395 and thissection shall be construed as expanding orlimiting the exclusive means by which sub-ject workers and their beneficiaries are com-pensated for injury, death or disease arisingout of and in the course of employment asprovided in ORS chapter 656. [1995 c.400 §6]


(Educational Building SeismicRehabilitation)

Note: Section 3, chapter 797, Oregon Laws 2001,provides:

Sec. 3. Subject to available funding, if a buildingevaluated under section 2 (4), chapter 797, Oregon Laws2001, is found by a board to pose an undue risk to lifesafety during a seismic event, the governing board of apublic university listed in ORS 352.002, local schooldistrict board, community college board or educationservice district board, as appropriate, shall develop aplan for seismic rehabilitation of the building or forother actions to reduce the risk. For a board that issubject to ORS 291.224, the board’s plan to rehabilitateor take other action to reduce the seismic risk of abuilding must be included in the capital constructionprogram of the board. A board that is subject to ORS291.224 shall rank the relative benefit of projects to re-duce seismic risk in comparison with other life safetyand code requirement projects. Subject to availabilityof funding, all seismic rehabilitations or other actionsto reduce seismic risk must be completed before January1, 2032. If the building is listed on a national or stateregister of historic places or properties or is designatedas a landmark by local ordinance, the plan for seismicrehabilitation or other action shall be developed in amanner that gives consideration to preserving thecharacter of the building. [2001 c.797 §3; 2013 c.768 §162;2015 c.767 §177]

(Acute Inpatient Care Facility, Fire Station and Police Station

Seismic Rehabilitation)Note: Section 3, chapter 798, Oregon Laws 2001,

provides:Sec. 3. Subject to available funding, if a building

evaluated under section 2 (4) of this 2001 Act is foundto pose an undue risk to life safety during a seismicevent, the acute inpatient care facility, fire department,fire district or law enforcement agency using the build-ing shall develop a plan for seismic rehabilitation of thebuilding or for other actions to reduce the risk. Subjectto available funding, all seismic rehabilitations or otheractions to reduce the risk must be completed before



January 1, 2022. If the building is listed on a nationalor state register of historic places or properties or isdesignated as a landmark by local ordinance, the planfor seismic rehabilitation or other actions shall be de-veloped in a manner that gives consideration to pre-serving the character of the building. [2001 c.798 §3]

(Miscellaneous Provisions)455.410 Relocated buildings; substan-

tial compliance required; permits. (1) Ex-isting buildings or structures which areremoved from their foundation and relocatedto another site within this state shall be insubstantial compliance as defined in subsec-tions (2) and (3) of this section.

(2) “Substantial compliance” means com-pliance with local construction codes in ef-fect as of the original permit date of thebuilding or structure, or where there was nopermitting required at the time of originalconstruction, with basic health and safetystandards, as described in the closest datedUniform Housing Code, as published by theInternational Conference of Building Offi-cials as of the date of construction. Only theinsulation, overhead and underneath thestructure, shall be upgraded to the currentinsulation requirements of the state buildingcode, or to the maximum extent possiblesubject to the design of the structure.Nothing in this statute shall be construed tomean that all heating, plumbing and elec-trical systems shall be replaced with systemsmeeting current standards for new construc-tion, except that any life-threatening defi-ciencies in those systems shall be repaired,notwithstanding that the cost of rehabili-tation may exceed 50 percent of the value ofthe structure before rehabilitation.

(3) All foundation and basement con-struction on the structure and any remodel-ing at the new location shall be constructedsubject to all applicable local current build-ing and safety codes, or where none exist,with the applicable standards as described inthe Uniform Housing Code described in sub-section (2) of this section.

(4) All moved houses shall be providedwith either battery-operated or hard-wiredsmoke detection devices located in accor-dance with the provisions of the state build-ing code.

(5) Nothing in this section is intended topermit any person to move a structure unlessthe person first consults the appropriatebuilding inspection authority and obtains allrequired permits. [Formerly 456.756; 1989 c.1068 §1]

455.412 Review of state building codeprovisions regarding certain smokealarms and smoke detectors; rules. (1)The Department of Consumer and BusinessServices shall amend the state building codeas necessary for the purpose of reducing the

frequency of false alarms from smoke alarmsand smoke detectors. Rules adopted underthis section shall be designed to addresssmoke alarms and smoke detectors in singlefamily and multifamily dwellings, hotels andlodging houses and shall not apply to recre-ational vehicles, commercial vehicles, rail-road equipment, aircraft, marine vessels andmanufactured dwellings.

(2) As used in this section, “smokealarm” and “smoke detector” shall have themeanings provided in ORS 479.250. [1999 c.307§18]

455.415 Identification badges. (1) Aperson who is licensed by the State PlumbingBoard or the Department of Consumer andBusiness Services pursuant to ORS 460.057,460.059, 479.630, 479.910, 480.630, 693.060,693.103 or 693.111 must wear and visibly dis-play an identification badge indicating theperson’s current license status while per-forming work for which the license is re-quired. The authority that licenses theperson shall specify the size and content ofthe identification badge and may establishsuch other specifications as the authoritydeems appropriate.

(2) Subsection (1) of this section does notapply if wearing or displaying the identifica-tion badge may create a danger to the publichealth or to the safety of the person or thepublic.

(3) This section does not require the dis-play of a contractor or business license. [2003c.675 §62; 2005 c.758 §21]


455.420 Individual electric meters re-quired in multifamily residential build-ings; exceptions; standards. (1) Eachindividual dwelling unit in a multifamilyresidential building constructed after Octo-ber 4, 1977, shall have installed a separate,individual electrical meter for each suchdwelling unit except where a building in-spector certified under ORS 455.715 to455.740 determines that pursuant to stan-dards adopted by the Director of the Depart-ment of Consumer and Business Services theinstallation of a single, central electricalmeter for all the dwelling units in suchbuilding would facilitate an overall reductionin electrical consumption by such units.

(2) For the purpose of carrying out theprovisions of subsection (1) of this section,the director, based on recommendations ofthe Residential and Manufactured StructuresBoard, shall adopt by rule standards for de-termining whether the installation of a sin-gle electrical meter for all dwelling units ina multifamily residential building facilitates



an overall reduction in electrical consump-tion by such units. [Formerly 456.763; 1993 c.744§94; 2003 c.675 §27; 2009 c.567 §18]

455.422 New construction; recyclingcontainers. (1) Each multifamily residentialdwelling with more than 10 individual resi-dential units that is constructed after Octo-ber 4, 1997, should include adequate spaceand access for collection of containers forsolid waste and recyclable materials.

(2) Each commercial building and eachindustrial and institutional building that isconstructed after October 4, 1997, should in-clude adequate space and access for col-lection of containers for solid waste andrecyclable materials. (3) As used in this section,“commercial,” “recyclable material” and“solid waste” have the meanings given inORS 459.005. [Formerly 215.620]


455.425 Low-income elderly housingmultiservice rooms required; standards;exceptions. (1) Any low-income housing forthe elderly on which construction begins af-ter January 1, 1978, and which is financed inwhole or in part by federal or state fundsshall contain a multiservice room adequatein size to seat all of the tenants.

(2) The Director of the Department ofConsumer and Business Services shall adoptrules, in accordance with the applicable pro-visions of ORS chapter 183, establishingstandards and specifications for low-incomeelderly housing multiservice rooms requiredunder subsection (1) of this section. In de-velopment of standards and specifications,the director may take into account any stan-dards or specifications established pursuantto any federal program under which the con-struction of such housing is funded.

(3) No housing described in subsection (1)of this section that contains 20 or fewerunits is required to provide a multiserviceroom. [Formerly 456.772; 1991 c.67 §127]

455.430 Reciprocity for prefabricatedstructures. If the Director of the Depart-ment of Consumer and Business Services de-termines that the standards for prefabricatedstructures prescribed by statute, rule or reg-ulation of another state are at least equal tothe regulations prescribed under this chap-ter, and that such standards are actually en-forced by such other state, the director mayprovide by regulation that prefabricatedstructures approved by such other state shallbe deemed to have been approved by the di-rector. [Formerly 456.880]

455.440 When site soil analysis re-quired; filing of report and notice; dutyof transferor of property; effect of failureto comply. (1) If a city, county or govern-ment agency requires a site soil analysis andsite recommendation report as a condition ofapproval for issuance of a building permit fora residence for human habitation, and theanalysis and report identify the presence ofhighly expansive soils, then prior to issuanceof the building permit the city, county orgovernment agency shall:

(a) Include a copy of that report with theconstruction plans filed with the buildingpermit issuing agency; and

(b) Record, in the County Clerk Lien Re-cord in the county in which the property islocated, a notice containing:

(A) The legal description of the property;and

(B) An informational notice in substan-tially the following form:__________________________________________

This property has been identified as havinghighly expansive soils. This condition maycreate special maintenance requirements.Before signing or accepting any instrumenttransferring title, persons acquiring titleshould check with the appropriate planningor building department.__________________________________________

(2) No action may be maintained againsta city, county or government agency for fail-ing to meet the requirements of subsections(1) and (2) of this section.

(3) If a report described in subsections (1)and (2) of this section identifies the presenceof highly expansive soils, the first transferorshall supply to the first transferee writtensuggestions for care and maintenance of theresidence to address problems associatedwith highly expansive soils.

(4) If the first transferor violates theprovisions of subsection (3) of this section,the first transferee shall have a cause of ac-tion to recover damages of $750 from thefirst transferor. The court may award rea-sonable attorney fees to the prevailing partyin an action under this section. [1989 c.1026§§1,2,3; 1995 c.618 §71]


455.445 Indoor air quality standardsfor public areas and office workplaces. (1)After considering the recommendations ofthe Indoor Air Pollution Task Force, and asexpeditiously as possible, the Director of the



Department of Consumer and Business Ser-vices shall adopt ventilation standards forpublic areas and office workplaces that areat least equivalent to the most recent, na-tionally recognized ventilation standardsgenerally accepted and in use throughout theUnited States.

(2) The director shall adopt buildingcodes and building product standards to pro-tect the indoor air quality of private resi-dences but only as necessary to addressserious or unique indoor air quality problemsin Oregon when federal statutes, regulationsand national codes fail to address buildingproduct and building code related indoor airquality problems.

(3) As expeditiously as possible, the di-rector shall consider for adoption the venti-lation standards recommended by the IndoorAir Pollution Task Force. [1989 c.1070 §10]


455.446 Construction of certain facili-ties and structures in tsunami inundationzone prohibited; establishment of zone;rules; exceptions. (1)(a) New essential facil-ities described in ORS 455.447 (1)(a)(A), (B)and (G) and new special occupancy struc-tures described in ORS 455.447 (1)(e)(B), (C)and (E) may not be constructed in thetsunami inundation zone established underparagraph (c) of this subsection. The pro-visions of this paragraph apply to buildingswith a capacity greater than 50 individualsfor every public, private or parochial schoolthrough secondary level and child care cen-ters.

(b) The State Department of Geology andMineral Industries shall establish the pa-rameters of the area of expected tsunamiinundation based on scientific evidence thatmay include geologic field data and tsunamimodeling.

(c) The governing board of the State De-partment of Geology and Mineral Industries,by rule, shall determine the tsunamiinundation zone based on the parameters es-tablished by the department. The board shalladopt the zone as determined by the depart-ment under paragraph (b) of this subsectionexcept as modified by the board under para-graph (d) of this subsection.

(d) The board may grant exceptions torestrictions in the tsunami inundation zoneestablished under paragraph (c) of this sub-section after public hearing and a determi-nation by the board that the applicant hasdemonstrated that the safety of building oc-cupants will be ensured to the maximumreasonable extent:

(A) By addressing the relative riskswithin the zone.

(B) By balancing competing interests andother considerations.

(C) By considering mitigative construc-tion strategies.

(D) By considering mitigative terrainmodification.

(e) The provisions of paragraph (a) of thissubsection do not apply:

(A) To fire or police stations where thereis a need for strategic location; and

(B) To public schools if there is a needfor the school to be within the boundaries ofa school district and fulfilling that need can-not otherwise be accomplished.

(f) All materials supporting an applica-tion for an exception to the tsunamiinundation zone are public records underORS 192.005 to 192.170 and must be retainedin the library of the department for periodsof time determined by its governing board.

(g) The applicant for an exception to thetsunami inundation zone established underparagraph (c) of this subsection shall pay anycosts for department review of the applica-tion and the costs, if any, of the approvalprocess.

(2) The definitions in ORS 455.447 applyto this section.

(3) The provisions of this section do notapply to water-dependent and water-relatedfacilities, including but not limited to docks,wharves, piers and marinas.

(4) Decisions made under this section arenot land use decisions under ORS 197.015(10). [1995 c.617 §2; 2005 c.22 §329; 2007 c.354 §31]


455.447 Regulation of certain struc-tures vulnerable to earthquakes andtsunamis; rules. (1) As used in this section,unless the context requires otherwise:

(a) “Essential facility” means:(A) Hospitals and other medical facilities

having surgery and emergency treatmentareas;

(B) Fire and police stations;(C) Tanks or other structures containing,

housing or supporting water or fire-suppression materials or equipment requiredfor the protection of essential or hazardousfacilities or special occupancy structures;

(D) Emergency vehicle shelters and ga-rages;

(E) Structures and equipment inemergency-preparedness centers;



(F) Standby power generating equipmentfor essential facilities; and

(G) Structures and equipment in govern-ment communication centers and other facil-ities required for emergency response.

(b) “Hazardous facility” means structureshousing, supporting or containing sufficientquantities of toxic or explosive substances tobe of danger to the safety of the public if re-leased.

(c) “Major structure” means a buildingover six stories in height with an aggregatefloor area of 60,000 square feet or more, ev-ery building over 10 stories in height andparking structures as determined by Depart-ment of Consumer and Business Servicesrule.

(d) “Seismic hazard” means a geologiccondition that is a potential danger to lifeand property that includes but is not limitedto earthquake, landslide, liquefaction,tsunami inundation, fault displacement, andsubsidence.

(e) “Special occupancy structure” means:(A) Covered structures whose primary

occupancy is public assembly with a capacitygreater than 300 persons;

(B) Buildings with a capacity greaterthan 250 individuals for every public, privateor parochial school through secondary levelor child care centers;

(C) Buildings for colleges or adult educa-tion schools with a capacity greater than 500persons;

(D) Medical facilities with 50 or moreresident, incapacitated patients not includedin subparagraphs (A) to (C) of this para-graph;

(E) Jails and detention facilities; and(F) All structures and occupancies with

a capacity greater than 5,000 persons.(2) The Department of Consumer and

Business Services shall consult with theSeismic Safety Policy Advisory Commissionand the State Department of Geology andMineral Industries prior to adopting rules.Thereafter, the Department of Consumer andBusiness Services may adopt rules as setforth in ORS 183.325 to 183.410 to amend thestate building code to:

(a) Require new building sites for essen-tial facilities, hazardous facilities, majorstructures and special occupancy structuresto be evaluated on a site specific basis forvulnerability to seismic geologic hazards.

(b) Require a program for the installationof strong motions accelerographs in or nearselected major buildings.

(c) Provide for the review of geologic andengineering reports for seismic design of new

buildings of large size, high occupancy orcritical use.

(d) Provide for filing of noninterpretiveseismic data from site evaluation in a man-ner accessible to the public.

(3) For the purpose of defraying the costof applying the regulations in subsection (2)of this section, there is hereby imposed asurcharge in the amount of one percent ofthe total fees collected under the structuraland mechanical specialty codes for essentialfacilities, hazardous facilities, major struc-tures and special occupancy structures,which fees shall be retained by the jurisdic-tion enforcing the particular specialty codeas provided in ORS 455.150 or enforcing abuilding inspection program under ORS455.148.

(4) Developers of new essential facilities,hazardous facilities and major structures de-scribed in subsection (1)(a)(E), (b) and (c) ofthis section and new special occupancystructures described in subsection (1)(e)(A),(D) and (F) of this section that are located inan identified tsunami inundation zone shallconsult with the State Department ofGeology and Mineral Industries for assist-ance in determining the impact of possibletsunamis on the proposed development andfor assistance in preparing methods to miti-gate risk at the site of a potential tsunami.Consultation shall take place prior to sub-mittal of design plans to the building officialfor final approval. [1991 c.956 §12; 1995 c.79 §229;1995 c.617 §1; 2001 c.573 §12]

Note: 455.447 was added to and made a part of455.010 to 455.740 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

455.448 Entry and inspection ofearthquake-damaged structures; warrantenforcement. (1) For the purposes of en-forcement of this chapter the building in-spector or any person appointed by theDepartment of Consumer and Business Ser-vices, after showing official identificationand, if necessary, a warrant issued to thebuilding owner or agent of the owner undersubsection (2) of this section, may:

(a) Enter, at reasonable times, any prop-erty that is known to be damaged, or forwhich there are reasonable grounds to be-lieve that the structure has been damaged,as a result of an earthquake.

(b) Inspect, at reasonable times, withinreasonable limits and in a reasonable mannerproperty that is known to be damaged, or forwhich there are reasonable grounds to be-lieve that the structure has been damaged,as a result of an earthquake.

(2) If entry is refused, the building in-spector or any duly appointed representativeof the Department of Consumer and Business



Services may appear before any magistrateempowered to issue warrants and requestsuch magistrate to issue an inspection war-rant, directing it to any peace officer, as de-fined in ORS 161.015 to enter the describedproperty to remove any person or obstacleand assist the building inspector or repre-sentative of the department inspecting theproperty in any way necessary to completethe inspection. [Formerly 401.537]

Note: 455.448 and 455.449 were added to and madea part of 455.010 to 455.740 by legislative action butwere not added to any smaller series therein. See Pre-face to Oregon Revised Statutes for further explanation.

455.449 Unsafe condition resultingfrom earthquake damage; abatement ofnuisance; rules. (1) All buildings or portionsthereof which are determined after inspec-tion by a building inspector or a represen-tative of the Department of Consumer andBusiness Services to be in unsafe conditionas a result of earthquake damage may be de-clared to be a public nuisance and shall beabated by repair, rehabilitation, demolitionor removal in accordance with the procedurespecified by rules adopted by the agency.

(2) Any building declared to be in unsafecondition under subsection (1) of this sectionshall be made to comply with one of the fol-lowing:

(a) The building shall be repaired in ac-cordance with the current building code orother current code applicable to the type ofsubstandard conditions requiring repair;

(b) The building shall be demolished ifthe owner of the building consents; or

(c) The building may be vacated, securedand maintained against entry if the buildingdoes not constitute an immediate danger tothe life, limb, property or safety of the pub-lic.

(3) If the building or structure is in suchcondition as to make it immediately danger-ous to the life, limb, property or safety of thepublic or its occupants, the Department ofConsumer and Business Services or repre-sentative of the department shall order it tobe vacated.

(4) If the structure, in whole or in part,is listed on or is eligible for listing on theNational Register of Historic Places, estab-lished and maintained under the NationalHistoric Preservation Act of 1966 (P.L.89-665), or if the National Register of His-toric Places ceases accepting nominations, isapproved for listing on an Oregon register ofhistoric places, or is a locally designatedlandmark protected by ordinance againstdemolition without due process, alternativecompliance with the provisions of subsection(2)(a) and (c) of this section shall be allowedif the repaired or rehabilitated building is nomore hazardous than it would be if repaired

or rehabilitated in accordance with (2)(a) ofthis section. [Formerly 401.539]


(Prohibited Acts)455.450 Prohibited acts. A person may

not:(1) Violate, or procure or assist in the

violation of, any final order of the Directorof the Department of Consumer and BusinessServices, an advisory board, a state adminis-trative officer or any local appeals board,building official or inspector, concerning theapplication of the state building code in aparticular case or concerning a license, cer-tificate, registration or other authorization.

(2) Engage in, or procure or assist anyother person to engage in, any conduct oractivity for which a permit, label, license,certificate, registration or other formal au-thorization is required by any specialty code,any provision of ORS 446.003 to 446.200,446.225 to 446.285, 446.395 to 446.420, 446.566to 446.646, 446.666 to 446.746, 479.510 to479.945, 479.950 and 480.510 to 480.670, thischapter or ORS chapter 447, 460 or 693, orany rule adopted or order issued for the ad-ministration and enforcement of those pro-visions, without first having obtained suchpermit, label, license, certificate, registrationor other formal authorization.

(3) Violate, or procure or assist in theviolation of, any standard, specification, re-quirement, prohibition or other technicalprovision set forth in the state building codeor an applicable local building code or in anyrule or order of the Department of Consumerand Business Services, an advisory board, alocal governing body or local building offi-cial. [Formerly 456.885 (1); 2007 c.306 §3]

455.453 Additional prohibitions. A per-son may not:

(1) Perform work without appropriate li-censing, certification or registration or em-ploy, allow, permit or suffer individuals toperform work for the person without appro-priate licensing, certification or registration.

(2) Advertise or otherwise hold out asbeing a licensed, certified or registered spe-cialty code contractor without holding theappropriate specialty code contractor license,certification or registration.

(3) As a partner, officer, member or em-ployee of a business, advertise or hold outthat the business is a licensed, certified orregistered specialty code contractor if thebusiness does not hold the appropriate spe-cialty code contractor license, certificationor registration.

(4) Engage in business as a specialty codecontractor without holding a valid specialty



code contractor license, certificate or regis-tration required for the business.

(5) Perform work or operate equipmentwithin the scope of a specialty code license,certificate or registration in a manner thatviolates an applicable minimum safety stan-dard or a statute or rule regarding safety.[2013 c.324 §4]


(Specialty Code Inspection and Building Plan Review)

455.455 Building inspection and planreview; license required; exception. (1)(a)A person may not employ an individual toperform specialty code inspections in anyspecialty area unless the individual has a li-cense issued in that specialty area underORS 455.457.

(b) A person may not engage in specialtycode inspections without having a license is-sued under ORS 455.457 in the specialty areafor which the inspection is provided.

(c) A person may not employ an individ-ual to perform plan reviews unless the indi-vidual has a license issued under ORS455.457.

(d) A person may not engage in reviewingplans without having a license issued underORS 455.457.

(2) The requirements in subsection (1) ofthis section do not apply to a person who isan employee of the state or of a municipality.[1999 c.1045 §2]

Note: 455.455 to 455.465, 455.467 and 455.469 to455.477 were added to and made a part of ORS chapter455 by legislative action but were not added to anysmaller series therein. See Preface to Oregon RevisedStatutes for further explanation.

455.457 Licensing specialty code in-spectors and plan reviewers; rules; con-tents. In accordance with the applicableprovisions of ORS chapter 183, the Directorof the Department of Consumer and BusinessServices by rule shall establish a licensingsystem for persons that perform specialtycode inspections or plan reviews and forbusinesses that employ persons that performspecialty code inspections or plan reviews.Such a system shall include but not be lim-ited to the following provisions:

(1) Prescribing the form and content ofand the times and procedures for submittingan application for the issuance or renewal ofa license.

(2) Prescribing the terms of the licensesand the fees for the original issue and re-newal in amounts that do not exceed the costto the Department of Consumer and BusinessServices of administering the licensing sys-tem.

(3) Prescribing the requirements for andthe manner of testing the competency of ap-plicants for the protection of the publichealth and safety.

(4) Prescribing the amounts and condi-tions of bonds and liability insurance.

(5) Setting forth those actions or circum-stances that constitute failure to achieve ormaintain licensing competency or that oth-erwise constitute a danger to the publichealth or safety and for which the directormay refuse to issue or renew or may suspendor revoke a license or impose a civil penalty.[1999 c.1045 §3]


455.459 Specialty code inspection andplan review; conflict of interest. (1) Aperson shall not inspect or review any proj-ect or installation in which the person, em-ployer of the person or relative of the personhas any financial interest or business affil-iation. A person designated under ORS455.465 (1)(a) may not perform both the in-spection and plan review for the same proj-ect or installation. A municipality or thestate shall perform either the inspection, theplan review, or both.

(2) For purposes of this section,“relative” has the meaning given that termin ORS 95.200. [1999 c.1045 §4]


455.461 Specialty code inspectors andplan reviewers; quality control; rules. (1)The Director of the Department of Consumerand Business Services, by rule, shall developquality control procedures for the activitiesof specialty code inspectors, plan reviewersand businesses that employ specialty codeinspectors and plan reviewers licensed underORS 455.457. These procedures shall includebut are not limited to random sampling ofthe work of such persons and businesses.

(2) The Director of the Department ofConsumer and Business Services shall ap-point by rule a chief inspector for each spe-cialty code under this chapter. [1999 c.1045 §7]


455.463 Specialty code inspection andplan review; department enforcement au-thority; investigation. (1) In addition toany other authority and power granted to theDirector of the Department of Consumer andBusiness Services under this chapter andORS chapters 447 and 479, with respect tospecialty code inspectors, plan reviewers andbusinesses that employ specialty code in-spectors and plan reviewers licensed underORS 455.457, if the director has reason tobelieve that there is a failure to enforce orthere is a violation of any provision of this



chapter or ORS chapters 447 and 479 or anyrule adopted thereunder, the director may:

(a) Examine building code activities ofspecialty code inspectors, plan reviewers andbusinesses that employ specialty code in-spectors and plan reviewers;

(b) Take sworn testimony; and(c) With the authorization of the office

of the Attorney General, subpoena personsand records to obtain testimony on officialactions that were taken or omitted or to ob-tain documents otherwise subject to publicinspection under ORS 192.410 to 192.505.

(2) The investigative authority authorizedby subsection (1) of this section covers vio-lations or omissions by specialty code in-spectors, plan reviewers and businesses thatemploy specialty code inspectors and planreviewers licensed under ORS 455.457 relatedto enforcement of codes or administrativerules, licensing of inspectors or financialtransactions. [1999 c.1045 §8]


455.465 Department and municipalitiesto designate persons licensed to conductspecialty code inspection and plan review;fees; exception. (1) In administering abuilding inspection program, the Departmentof Consumer and Business Services or a mu-nicipality shall:

(a) Designate at least three persons li-censed under ORS 455.457 from whom thedepartment or municipality will accept planreviews; or

(b) Contract with a person licensed underORS 455.457 and may include as a term ofthe contract a process for collection of planreview fees.

(2) For plan reviews conducted undersubsection (1) of this section, the departmentor a municipality may:

(a) Establish the process for collectingfees from a person licensed under ORS455.457; and

(b) Collect an administrative fee as pro-vided in ORS 455.210.

(3) The provisions of ORS 279C.100 to279C.125 and 279C.300 to 279C.470 and ORSchapters 279A and 279B, except ORS279B.235, do not apply to a personal servicescontract between the department or a mu-nicipality and a person licensed under ORS455.457. [1999 c.1045 §20; 2003 c.794 §284]


455.466 Rapid approval assessment foressential projects. (1) As used in this sec-tion, “essential project” means a:

(a) State owned or operated development;(b) Development of industries in the

traded sector as defined in ORS 285A.010 for

structures more than 100,000 square feet insize;

(c) Project in an industrial site listed bythe Oregon Business Development Depart-ment as ready for development and for whichthe project construction totals more than100,000 square feet in size; or

(d) Development designated by the Direc-tor of the Oregon Business Development De-partment as essential to the economicwell-being of the state.

(2) Notwithstanding any municipal build-ing inspection program under ORS 455.148or 455.150, an applicant for a building permitfor an essential project or the municipalityhaving jurisdiction over an essential projectmay request in writing that the Departmentof Consumer and Business Services adminis-ter and enforce the state building code forthe project.

(3) Upon receipt by the Department ofConsumer and Business Services of a writtenrequest under this section, the Director ofthe Department of Consumer and BusinessServices shall assemble a rapid approval as-sessment team consisting of such departmentemployees and other persons as the directorconsiders appropriate. The purpose of therapid approval assessment team shall be toprovide assistance and advice to the director.

(4) The Director of the Department ofConsumer and Business Services, in consul-tation with the rapid approval assessmentteam, shall determine whether adequate re-sources are available to ensure that an es-sential project may proceed in a timely,consistent and flexible manner. In determin-ing the availability of resources under thissubsection, the director and the rapid ap-proval assessment team shall give first con-sideration to the availability of municipalresources. If the director determines thatmunicipal resources may be inadequate forthe essential project, the director may con-sider whether state resources or a combina-tion of municipal and state resources isavailable to ensure that the essential projectmay proceed in a timely, consistent and flex-ible manner. A determination by the directorunder this subsection is not appealable.

(5) The Director of the Department ofConsumer and Business Services may takeall actions that the director considers rea-sonable and necessary to ensure that an es-sential project may proceed in a timely,consistent and flexible manner, including butnot limited to:

(a) Establishing policies, procedures andrules as necessary;

(b) Working directly with local munic-ipalities and other state agencies to resolve



conflicts and disputes related to the statebuilding code;

(c) Encouraging cooperation betweenstate and municipal building officials and in-spectors;

(d) Developing agreements;(e) Developing site-specific dispute reso-

lution and appeals related to state buildingcode requirements;

(f) Expediting, coordinating or providingbuilding inspection program plan review,permitting and inspection services;

(g) Assisting a municipality or seekingassistance from a municipality; and

(h) Establishing fees to cover the cost ofprovided services. [2003 c.369 §2]


455.467 Timelines for approval or dis-approval of certain specialty code build-ing plans; exceptions; phased permitsystems; failure to adhere to timelines.(1) Except as provided in subsection (2) ofthis section, for specialty code plan reviewsof simple low-rise residential dwellings, theDepartment of Consumer and Business Ser-vices or a municipality that administers abuilding inspection program under ORS455.148 or 455.150 shall approve or disap-prove the specialty code building plan:

(a) For a jurisdiction with a populationthat is less than 300,000, within 10 businessdays of receiving a complete application, orshall implement the process described inORS 455.465.

(b) For a jurisdiction with a populationthat is 300,000 or more, within 15 businessdays of receiving a complete application, orshall implement the process described inORS 455.465.

(2) The 10-day and 15-day requirements insubsection (1) of this section do not apply if:

(a) The plan requires approval by federal,state or local agencies outside the jurisdic-tion of the issuing agency;

(b) The plan is for a complex structurethat requires additional review as determinedby the department or municipality; or

(c) Based on conditions that exist in theaffected municipality, the Director of theDepartment of Consumer and Business Ser-vices authorizes a different plan reviewschedule as described in a building inspec-tion program submitted under ORS 455.148or 455.150.

(3) For specialty code plan reviews ofcommercial structures, a municipality shallinclude in its building inspection program

submitted under ORS 455.148 or 455.150 aprocess for plan review services. The munic-ipality shall include in its program detailedreasons supporting the proposed plan reviewprocess. The plan review services providedby the municipality shall:

(a) Allow an applicant to defer the sub-mittal of plans for one or more constructionphases for a commercial construction projectin accordance with the state building code;and

(b) Allow an applicant to receive permitsfor each of the phases of a commercial con-struction project as described in the statebuilding code when the plan review for thatphase is approved.

(4) For a phased commercial constructionproject as described in subsection (3) of thissection, the municipality shall inform theapplicant of the detailed plans necessary foreach phase of the project and the estimatedtime for initial and phased review of thebuilding plans for conformance with the statebuilding code.

(5) An applicant submitting plans undersubsection (3) of this section is responsiblefor ensuring that the project meets all spe-cialty code requirements and that the projectdoes not proceed beyond the level of approvalauthorized by the building official.

(6) A municipality that repeatedly fails tomeet the plan review period described in thissection or otherwise authorized in its build-ing inspection program submitted under ORS455.148 or 455.150 shall be considered to beengaging in a pattern of conduct of failing toprovide timely plan reviews under ORS455.160. [1999 c.1045 §21; 2001 c.384 §1; 2001 c.573 §13;2003 c.675 §28]


455.468 Electronic submission of ap-plication materials. A transaction con-ducted through a state or local system ornetwork that provides electronic access tobuilding codes information and services isexempt from any requirement under ORS446.003 to 446.200, 446.225 to 446.285, 446.395to 446.420, 479.510 to 479.945 and 480.510 to480.670 and ORS chapters 447, 455, 460 and693, or rules adopted thereunder, requiring asignature or the submission of handwrittenmaterials. [2003 c.336 §3]


455.469 Municipal building inspectionprogram to include certain policies andordinances. A municipality shall add to andmake a part of its building inspection pro-gram under ORS 455.148 or 455.150 the poli-cies and ordinances adopted by the



municipality to implement ORS 455.465 and455.467. [1999 c.1045 §22; 2001 c.573 §14]


455.471 Specialty code inspection andplan review fee authority; disposition ofcertain fee amounts. (1) Fee amounts shallnot be established by the Director of the De-partment of Consumer and Business Servicesor any municipality for fees charged by per-sons licensed under ORS 455.457.

(2) Fees charged by a person licensedunder ORS 455.457 shall include a surchargeequal to the percentage amounts establishedfor municipalities under ORS 455.210 (4)(a)and (b) and 455.220 (1). The surcharges shallbe remitted quarterly to the department topartially defray the department’s administra-tion, inspection and training costs incurredpursuant to ORS 455.455, 455.457, 455.461 and455.463. Funds received by the departmentunder this section shall be deposited in theConsumer and Business Services Fund cre-ated by ORS 705.145. [1999 c.1045 §6; 2007 c.69 §7]


455.473 Disposition of certain fees re-ceived by department. All moneys receivedby the Department of Consumer and Busi-ness Services pursuant to ORS 455.457 and455.471 shall be paid into the State Treasuryand credited to the appropriate specialtycode account under this chapter or ORS479.510 to 479.945. All moneys deposited inthe accounts under this section are contin-uously appropriated to the department tocarry out the provisions of ORS 455.455 to455.463, 455.471, 455.473, 455.477 and 455.897and section 10, chapter 1045, Oregon Laws1999. [1999 c.1045 §5; 2003 c.14 §283]


455.475 Appeal of decision of buildingofficial. (1) An applicant for a building per-mit may appeal a decision made by a buildingofficial under authority established pursuantto ORS 455.148, 455.150 or 455.467. The fol-lowing apply to an appeal under this subsec-tion:

(a) An appeal regarding the interpreta-tion or application of a particular specialtycode provision shall be made first to the ap-propriate specialty code chief inspector ofthe Department of Consumer and BusinessServices. The decision of the departmentchief inspector may be appealed to the ap-propriate advisory board. The decision of theadvisory board may only be appealed to theDirector of the Department of Consumer andBusiness Services if codes in addition to theapplicable specialty code are at issue.

(b) If the appropriate advisory board de-termines that a decision by the departmentchief inspector is a major code interpreta-tion, then the inspector shall distribute the

decision in writing to all applicable specialtycode public and private inspection author-ities in the state. The decision shall be dis-tributed within 60 days after the board’sdetermination, and there shall be no chargefor the distribution of the decision. As usedin this paragraph, a “major code interpreta-tion” means a code interpretation decisionthat affects or may affect more than one jobsite or more than one inspection jurisdiction.

(2) Except as provided in subsection (1)of this section, an applicant for a buildingpermit may appeal the decision of a buildingofficial on any matter relating to the admin-istration and enforcement of this chapter tothe department. The appeal must be in writ-ing. A decision by the department on an ap-peal filed under this subsection is subject tojudicial review as provided in ORS 183.484.

(3) If an appeal is made under this sec-tion, an inspection authority shall extend theplan review deadline by the number of daysit takes for a final decision to be issued forthe appeal. [1999 c.1045 §23; 2001 c.573 §15; 2013 c.528§13]


455.477 Requirement for suit filed bylicensed specialty code inspector or planreviewer. A person carrying on, conductingor transacting specialty code inspections orplan reviews or a business employing spe-cialty code inspectors or plan reviewers maynot maintain any suit or action relating tospecialty code inspections or plan reviews inany of the courts of this state without alleg-ing and proving that the person or businesswas licensed under ORS 455.457 at the timeof performing such work. [1999 c.1045 §11]


455.479 Application to specialty in-spections identified by department. Noth-ing in ORS 455.455 to 455.477 and 455.897and section 10, chapter 1045, Oregon Laws1999, applies to special inspections as de-scribed in each specialty code as adopted bythe Director of the Department of Consumerand Business Services. [1999 c.1045 §27]


455.481 Application to inspection andplan review for prefabricated structures.Nothing in ORS 455.455, 455.457, 455.459,455.461, 455.467, 455.475 or 455.477 is in-tended to limit, supersede or otherwise affectthe rights, obligations or professional activ-ities of an inspector engaged in the businessof providing prefabricated structure plan ap-provals and inspections, as defined in ORS455.715, pursuant to ORS 455.715 to 455.740.[1999 c.1045 §28]




455.483 Electrical and plumbing codeplan review; rules. (1) The Department ofConsumer and Business Services, with theapproval of the Electrical and ElevatorBoard, shall adopt rules to make electricalcode plan review mandatory only for complexstructures located in jurisdictions that offerelectrical code plan review services.

(2) The department shall adopt rules tomake plumbing code plan review mandatoryonly for complex structures located in juris-dictions that offer plumbing code plan reviewservices.

(3) Notwithstanding any rules adoptedpursuant to subsections (1) and (2) of thissection, an owner of a complex structure orthe owner’s agent may request and receiveplan review and inspections for any elec-trical and plumbing materials and installa-tions that are subject to the state buildingcode. [2003 c.367 §5; 2005 c.661 §1]


455.485 Special consideration for ruralor remote areas; determination of com-pliance with fire, life safety and otherbuilding code standards. (1) When adoptingthe state building code, the Director of theDepartment of Consumer and Business Ser-vices shall give special consideration to theunique needs of construction in rural or re-mote parts of this state.

(2) Notwithstanding any description ofState Fire Marshal duties in ORS 476.030,476.033, 476.035, 476.150 or 476.155, the Di-rector of the Department of Consumer andBusiness Services or a local building officialadministering a building inspection programunder ORS 455.148 or 455.150 may determinewhether the structure as set forth in theplans and specifications or as constructedmeets the standards of the state buildingcode, including but not limited to fire andlife safety standards. The State Fire Marshal,or a local fire official for a governmentalsubdivision exempted from State Fire Mar-shal regulations as described under ORS476.030, may provide advice to building offi-cials, inspectors or Department of Consumerand Business Services employees concerningstate building code standards. A local build-ing official or department employee shallgive consideration to advice of the State FireMarshal or local fire official that does notconflict with the state building code, butshall retain the authority to make final deci-sions regarding the code. [2013 c.487 §2 and 2013c.528 §3]

Note: 455.485 was added to and made a part ofORS chapter 455 by legislative action but was not added

to any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

ENERGY CONSERVATION(Generally)

455.490 Legislative findings. The Legis-lative Assembly finds and declares that:

(1) The use of a consensus-based expe-dited review system for the uniform state-wide adoption, implementation, applicationand enforcement of certain state buildingcode requirements to promote energy effi-ciency and energy conservation will facilitateand expedite compliance with those statebuilding code requirements by providing acomprehensive source for interpretation ofrequirements that integrate elements affect-ing a variety of specialty codes.

(2) The establishment of a ConstructionIndustry Energy Board as an advisory boardto the Department of Consumer and BusinessServices is an appropriate means for further-ing the goal of facilitating and expeditingstate building code compliance related to en-ergy efficiency and energy conservation.

(3) The creation of a Construction Indus-try Energy Board will improve state buildingcode compliance with regard to energy effi-ciency and energy use standards by creatingan additional body empowered to enforcethose standards.

(4) The reorganization of certain existingadvisory boards and the realignment of codeenforcement responsibilities will enable theDepartment of Consumer and Business Ser-vices to more effectively ensure compliancewith state building code specialty codes byincreasing the focus of appropriate technicalexpertise, making the advisory boards moreresponsive to inquiries regarding code re-quirements and streamlining code enforce-ment responsibilities. [2009 c.567 §1]


455.492 Construction Industry EnergyBoard. (1) There is established a Construc-tion Industry Energy Board, consisting of 11members. The membership shall consist ofthe following:

(a) Two members selected by the Elec-trical and Elevator Board from the membersof the Electrical and Elevator Board whohave practical experience in the electric in-dustry.

(b) Two members selected by the Resi-dential and Manufactured Structures Boardfrom the members of the Residential andManufactured Structures Board who havepractical experience in the residential struc-



ture industry or manufactured structure in-dustry.

(c) Two members selected by the BuildingCodes Structures Board from the membersof the Building Codes Structures Board whohave practical experience in construction.

(d) Two members selected by the StatePlumbing Board from the members of theState Plumbing Board who have practicalexperience in construction.

(e) Two members selected by the Me-chanical Board from the members of theMechanical Board who have practical expe-rience in construction.

(f) One member who is an employee orofficer of the State Department of Energyappointed by the Director of the State De-partment of Energy.

(2) The Construction Industry EnergyBoard shall select one of its members aschairperson and another as vice chairperson,for such terms and with duties and powersnecessary for the performance of the func-tions of those positions as the board deter-mines.

(3) Except as provided in ORS 455.496 (2),a majority of the members of the board con-stitutes a quorum for the transaction ofbusiness.

(4) A member of the board is not entitledto compensation, but at the discretion of thedirector may be reimbursed from fundsavailable to the Department of Consumer andBusiness Services for actual and necessarytravel and other expenses incurred by themember in the performance of the member’sofficial duties in the manner and amountprovided in ORS 292.495. [2009 c.567 §2; 2009 c.567§12; 2011 c.272 §22; 2013 c.255 §3]

Note: 455.492 and 455.496 were added to and madea part of ORS chapter 455 by legislative action but werenot added to any smaller series therein. See Preface toOregon Revised Statutes for further explanation.

455.496 Standards relating to energyuse and energy efficiency aspects of spe-cialty codes; rules; enforceability. (1) TheConstruction Industry Energy Board mayevaluate and approve or disapprove proposedstate building code standards relating to theenergy use and energy efficiency aspects ofthe electrical, structural, prefabricatedstructure and low-rise residential specialtycodes. The proposed standards evaluated bythe board may include, but need not be lim-ited to, standards regarding energy-conserving technology, construction methods,products and materials. The board shall for-ward any proposed standards recommendedby the board to the Director of the Depart-ment of Consumer and Business Services foradoption or rejection by the director.

(2) Approval by seven or more boardmembers is required in order to recommendadoption of an energy construction standardto the director. If the standard relates to aspecialty code that is administered by an ad-visory board described in ORS 455.492 (1)(a)to (e), the Construction Industry EnergyBoard may not recommend the standard tothe director unless all of the ConstructionIndustry Energy Board members who aremembers of the advisory board that adminis-ters that specialty code approve of recom-mending the standard.

(3) Notwithstanding any provision of thischapter or ORS chapter 446 or ORS 479.510to 479.945 or 479.950, or any provision ofORS chapter 447 regulating fixture installa-tions or regulating plumbing products, thedirector may adopt or reject a proposedstandard recommended by the ConstructionIndustry Energy Board without further con-sultation of an advisory board. No later than30 days after the director receives the pro-posed standard, the director shall initiate aprocess for considering the approval or re-jection of the recommended proposed stan-dard. If the director approves the standard,the director shall file the standard with theSecretary of State under ORS 183.335 as arule amending the state building code.

(4) The Construction Industry EnergyBoard shall identify and give notice to thedirector of the specialty codes that are af-fected by a recommended proposed standard.If the director adopts the standard as a rule,the rule shall be enforceable as a specialtycode provision administered by the board andenforceable by any appropriate advisoryboard as a provision of the code administeredby that advisory board. [2009 c.567 §3; 2013 c.255§4]


455.500 Reach Code; applicability;amendment. (1) The Director of the De-partment of Consumer and Business Services,in consultation with the appropriate advisoryboards, shall adopt, amend and administer acode separate from the state building code,to be known as the Reach Code. The directorshall design the code to increase energy effi-ciency in buildings that are newly con-structed, reconstructed, altered or repaired.

(2) The Reach Code shall be a set ofstatewide optional construction standardsand methods that are economically and tech-nically feasible, including any published gen-erally accepted codes and standards newlydeveloped for construction or for the instal-lation of products, equipment and devices.When adopting or amending the code, thedirector, in consultation with the appropriateadvisory boards, shall:



(a) Review generally accepted codes andstandards that achieve greater energy effi-ciency than the energy efficiency required bythe state building code; and

(b) Review technical components of gen-erally accepted construction documents asthe director considers necessary to addressfederal, state and local financial incentivesand advances in construction methods, stan-dards and technologies.

(3) When amending the state buildingcode under ORS 455.030, the director shallconsider whether any of the standards andmethods contained in the Reach Code shouldbe removed from the Reach Code andadopted in the state building code.

(4) The inclusion of a standard or methodfor construction or for the installation ofproducts, equipment or devices in the ReachCode:

(a) Does not alter any licensing or certi-fication requirements under ORS 446.003 to446.200, 446.225 to 446.285, 447.010 to 447.156,460.005 to 460.175, 479.510 to 479.945 or480.510 to 480.670 or this chapter or ORSchapter 693 or Department of Consumer andBusiness Services rules;

(b) Exempts products, equipment and de-vices from product certification requirementsunder ORS 447.010 to 447.156 and 479.510 to479.945 and the state building code; and

(c) Requires that a municipality adminis-tering and enforcing a building inspectionprogram under ORS 455.148 or 455.150 mustrecognize and accept the standard, method,installation, product, equipment or device ifa person applies to construct, reconstruct,alter or repair a building in conformancewith the Reach Code. [2009 c.750 §5]


455.505 Uniform energy conservationstandards; rules. The Director of the De-partment of Consumer and Business Services,subject to the approval of the appropriateadvisory boards, shall adopt rules establish-ing uniform energy conservation standardsfor inclusion under the state building code.The director shall design the energy conser-vation standards to increase energy effi-ciency in buildings that are newlyconstructed, reconstructed, altered or re-paired. The director shall periodically reviewthe energy conservation standards of thestate building code and propose updates tothe standards as the director considers nec-essary to reflect changing technology in en-ergy efficiency and to encourage continualimprovements in building energy efficiencyin accordance with ORS 455.511. In review-ing the energy conservation standards, the

director shall consider the target standardsdescribed in the Architecture 2030organization’s 2030 Challenge and may con-sider other available nationally recognizedenergy conservation standards. [2009 c.750 §6]

Note: See note under 455.500.455.510 [Formerly 456.730; repealed by 1993 c.744

§41]

455.511 State Building Code energy ef-ficiency goals and standards. (1) As usedin this section, “energy efficiency” means theuse of construction and design standards,construction methods, products, equipmentand devices to increase efficient use of, andreduce consumption of, electricity, naturalgas and fossil fuels in buildings undergoingnew construction, reconstruction, alterationor repair.

(2) The Director of the Department ofConsumer and Business Services, after con-sultation with the State Department of En-ergy and subject to the approval of theappropriate advisory boards, shall adoptamendments to the state building code underORS 455.030 to increase energy efficiency inbuildings that are newly constructed, recon-structed, altered or repaired. In adopting theamendments, the director shall consider gen-erally accepted model codes, products andproduct standards, the Reach Code adoptedunder ORS 455.500 and other available datato evaluate codes and standards that promoteenergy efficiency in buildings.

(3) The director, in consultation with theappropriate advisory boards, shall develop aschedule for the periodic review of energyefficiency standards and shall establish goalsfor increasing the level of energy conserva-tion achieved by the use of energy efficiencystandards contained in the state buildingcode and the Reach Code. In establishinggoals and the schedule for periodic review ofstandards under this section, the directorshall consider the publication schedule ofgenerally accepted construction codes andstandards. If the director determines that theadopted review schedule or energy efficiencygoals are not practicable for economic ortechnical reasons, the director may amendthe schedule or goals as the director consid-ers appropriate. [2009 c.750 §7]


§41]

455.525 Rules for energy conservationand passive solar energy in structures;inclusion in building code; application oftesting requirements to fenestration pro-ducts; review of regulations. (1) In themanner provided in ORS chapter 183 for theadoption of rules and after consideration ofavailable technology and costs, the BuildingCodes Structures Board and the Residential



and Manufactured Structures Board, or theConstruction Industry Energy Board, maymake recommendations to the Director of theDepartment of Consumer and Business Ser-vices for the establishment of basic and uni-form performance standards to providemaximum energy conservation and use ofpassive solar energy in the design, construc-tion, reconstruction, alteration and repair ofbuildings and other structures. Such stan-dards shall be submitted to the Director ofthe Department of Consumer and BusinessServices for proposed inclusion in the statebuilding code by the Building Codes Struc-tures Board or the Residential and Manufac-tured Structures Board as provided by ORS455.030 (4) or by the Construction IndustryEnergy Board as provided under ORS455.496.

(2) Any testing requirements adopted un-der subsection (1) of this section do not applyto fenestration products that are for usewithin residential structures if the fenestra-tion products are:

(a) Used in the creation of sunrooms andsolariums and constructed with a minimumof a one-half inch space between the panes;or

(b) Fenestration products used asskylights that constitute no more than 10percent of the total glazing used in anydwelling unit.

(3) The Residential and ManufacturedStructures Board or the Construction Indus-try Energy Board shall develop, for adoptionby the director, default thermal performancevalues for residential fenestration productsthat are produced in low volume. Any testingrequirements adopted under subsection (1) ofthis section or ORS 455.020, 455.030 or455.496 do not apply to residential fenestra-tion products that are produced in low vol-ume.

(4) Fenestration products manufacturedfor use as skylights that are subject to theprovisions of subsection (1) of this sectionand have frames that are wood, thermalbreak aluminum or aluminum with vinylshall be deemed to meet any performancestandards included in the state building codewhen the following glazing configurationsare used:

(a) A minimum one-half inch space be-tween the panes and low-e (emissivity) glass;or

(b) Triple-layered acrylic.(5) Regulations relating to the use and

conservation of energy adopted pursuant toORS 455.020 (2) shall be reviewed by theBuilding Codes Structures Board and theResidential and Manufactured Structures

Board or by the Construction Industry En-ergy Board. [Formerly 456.740; 1993 c.744 §95; 1993c.782 §1; 1999 c.59 §128; 2003 c.675 §29; 2009 c.567 §§5,19]

455.530 Authority to receive moneyand to contract. The Building Codes Struc-tures Board and the Residential and Manu-factured Structures Board, or theConstruction Industry Energy Board, may:

(1) Apply for and receive moneys fromany person, from the federal government,from this state or from any state agency ordepartment.

(2) Contract with any public agency forthe performance of services or the exchangeof employees or services by one to the othernecessary in carrying out the purposes ofORS 455.525 and this section. [Formerly 456.745and then 456.742; 2003 c.675 §30; 2009 c.567 §§6,20]

(Energy Conservation Standards for Public Buildings)

455.560 Definitions for ORS 455.560 to455.580. As used in ORS 455.560 to 455.580,unless the context requires otherwise:

(1) “Department” means the Departmentof Consumer and Business Services.

(2) “Director” means the Director of theDepartment of Consumer and Business Ser-vices.

(3) “Person” means an individual, part-nership, joint venture, private or public cor-poration, association, firm, public servicecompany, political subdivision, municipalcorporation, government agency, people’sutility district, or any other entity, public orprivate, however organized.

(4) “Public buildings” means any build-ing, including outdoor area adjacent thereto,which is open to the public during normalbusiness hours, except exempted buildings.Each of the following is a public buildingwithin the meaning of ORS 455.560 to455.580, unless it or any portion thereof isexempted by rule or order pursuant to ORS455.570 (2), (3) and (4):

(a) Any building which provides facilitiesor shelter for public assembly, or which isused for educational, office or institutionalpurposes;

(b) Any inn, hotel, motel, sports arena,supermarket, transportation terminal, retailstore, restaurant, or other commercial estab-lishment which provides services or retailsmerchandise;

(c) Any portion of an industrial plantbuilding used primarily as office space; or

(d) Any building owned by the state orpolitical subdivision thereof, including li-braries, museums, schools, hospitals, audito-riums, sports arenas and university buildings.[Formerly 456.746; 1993 c.744 §96]



455.565 Purpose of ORS 455.560 to455.580. It is the purpose of ORS 455.560 to455.580 to promote, encourage and requiremeasures to conserve energy in public build-ings. [Formerly 456.744]

455.570 Maximum lighting standardsfor new public buildings; exemptions. (1)After consultation with the Building CodesStructures Board or with the ConstructionIndustry Energy Board, the Director of theDepartment of Consumer and Business Ser-vices, as provided in this chapter, shall es-tablish maximum lighting standards forpublic buildings constructed on or after July1, 1978. Such standards may distinguish be-tween type of design, the uses to whichbuildings are put, location, age or any otherapplicable classification.

(2) Such standards shall allow for:(a) Differences in lighting levels within

public buildings for special areas and uses,including but not limited to hospital, draftingroom, and advertising display, and for otherareas and activities requiring special illumi-nation.

(b) The interaction between lighting andheating systems.

(c) Occupational safety and health stan-dards.

(3) The director may by rule or order ex-empt from the maximum lighting standards,new public buildings or portions thereof that:

(a) Are of insufficient size to warrantmaximum lighting standard regulations;

(b) Should be allowed a specific period oftime before compliance with maximum light-ing standards is required;

(c) Are difficult or impractical to regu-late based upon location;

(d) Are not open to the public duringnormal business hours;

(e) Are impractical to regulate, basedupon unique design; or

(f) Would not be benefited by regulation,based upon the insignificant amount of en-ergy possible to conserve.

(4) Any person subject to ORS 455.560 to455.580 may apply to the director for an ex-emption under this section. [Formerly 456.747;2009 c.567 §7]

455.573 Outdoor shielded lighting fix-tures; waiver by municipality. (1) Publicbuildings constructed on or after January 1,2010, or on which outdoor lighting fixturesattached to the building are replaced on orafter January 1, 2010, shall have installed tothe greatest practicable extent shieldedlighting fixtures for outdoor use.

(2) Notwithstanding ORS 455.020 and455.040, a municipality may enact an ordi-

nance or resolution that meets or exceedsthe requirements established under subsec-tion (1) of this section.

(3) If a municipality determines that theuse of shielded lighting is not practical for apublic building because of the historicalcharacter of the building or for other rea-sons, the municipality may waive the re-quirements for the use of shielded lightingestablished under this section.

(4) As used in this section, “shieldedlighting” means a lighting fixture that has acovering or is designed to ensure that director indirect light rays emitted from the fix-ture are projected below a horizontal planerunning through the lowest light-emittingpoint of the fixture. [2009 c.588 §6]

455.575 Advisory lighting standardsfor public buildings constructed beforeJuly 1, 1978. After consultation with theBuilding Codes Structures Board or with theConstruction Industry Energy Board, the Di-rector of the Department of Consumer andBusiness Services, as provided in ORS chap-ter 183, shall establish advisory maximumlighting standards for public buildings con-structed before July 1, 1978, based on thefactors set forth in ORS 455.570. [Formerly456.748; 2009 c.567 §8]

455.580 Status of powers of director.The powers and duties given the Director ofthe Department of Consumer and BusinessServices by ORS 455.560 to 455.580 shall bein addition to, and not in derogation of, allother powers, duties and responsibilitiesvested in the director. [Formerly 456.749]

455.595 Energy Efficient ConstructionAccount. The State Treasurer is authorizedto establish an Energy Efficient ConstructionAccount for the purpose of providing energyengineering and technical assistance studiesto state and other public buildings. Moneyscredited to this account from payments forenergy engineering or technical assistancestudies and other revenues as authorized bythe appropriate legislative review agency arecontinuously appropriated for the paymentof these expenses. [1987 c.206 §6]


LOW-RISE RESIDENTIAL DWELLING CODE

455.610 Low-Rise Residential DwellingCode; adoption; changes; compatibility ofother codes; alternative methods of con-struction; rules. (1) The Director of theDepartment of Consumer and Business Ser-vices shall adopt, and amend as necessary, aLow-Rise Residential Dwelling Code that



contains all requirements, including struc-tural design provisions, related to the con-struction of residential dwellings threestories or less above grade. The code pro-visions for plumbing and electrical require-ments must be compatible with otherspecialty codes adopted by the director. TheElectrical and Elevator Board, the Mechan-ical Board and the State Plumbing Boardshall review, respectively, amendments to theelectrical, mechanical or plumbing provisionsof the code.

(2) Changes or amendments to the codeadopted under subsection (1) of this sectionmay be made when:

(a) Required by geographic or climaticconditions unique to Oregon;

(b) Necessary to be compatible with otherstatutory provisions;

(c) Changes to the national codes areadopted in Oregon; or

(d) Necessary to authorize the use ofbuilding materials and techniques that areconsistent with nationally recognized stan-dards and building practices.

(3) Notwithstanding ORS 455.030, 455.035,455.110 and 455.112, the director may, at anytime following appropriate consultation withthe Mechanical Board or Building CodesStructures Board, amend the mechanicalspecialty code or structural specialty code toensure compatibility with the Low-Rise Resi-dential Dwelling Code.

(4) The water conservation provisions fortoilets, urinals, shower heads and interiorfaucets adopted in the Low-Rise ResidentialDwelling Code shall be the same as thoseadopted under ORS 447.020 to meet the re-quirements of ORS 447.145.

(5) The Low-Rise Residential DwellingCode shall be adopted and amended as pro-vided by ORS 455.030 and 455.110.

(6) The director, by rule, shall establishuniform standards for a municipality to allowan alternate method of construction to therequirements for one and two family dwell-ings built to the Low-Rise Residential Dwell-ing Code in areas where the localjurisdiction determines that the fire appara-tus means of approach to a property or watersupply serving a property does not meet ap-plicable fire code or state building code re-quirements. The alternate method ofconstruction, which may include but is notlimited to the installation of automatic firesprinkler systems, must be approved in con-junction with the approval of an applicationunder ORS 197.522.

(7) For lots of record existing before July2, 2001, or property that receives any ap-proval for partition, subdivision or construc-

tion under ORS 197.522 before July 2, 2001,a municipality allowing an alternate methodof construction to the requirements for oneand two family dwellings built to the Low-Rise Residential Dwelling Code may applythe uniform standards established by the di-rector pursuant to subsection (6) of this sec-tion. For property that receives all approvalsfor partition, subdivision or construction un-der ORS 197.522 on or after July 2, 2001, amunicipality allowing an alternate method ofconstruction to the requirements for one andtwo family dwellings built to the Low-RiseResidential Dwelling Code must apply theuniform standards established by the directorpursuant to subsection (6) of this section.[1987 c.604 §2; 1991 c.366 §1; 1991 c.558 §1; 1991 c.945 §6;1993 c.419 §1; 1993 c.744 §97; 2001 c.702 §1; 2003 c.675§§31,32; 2005 c.435 §1]

455.620 [1987 c.604 §3; repealed by 1991 c.366 §2]

455.622 Certification of inspectors;rules. Notwithstanding ORS 447.020, 455.715to 455.740, 479.810 (3) or 479.855, the Depart-ment of Consumer and Business Servicesshall adopt education, training and examina-tion requirements that allow certification ofinspectors to perform inspections on one andtwo family dwellings under one or more as-pects of the Low-Rise Residential DwellingCode adopted under ORS 455.610 to 455.630.[1995 c.553 §10; 2003 c.675 §33]


455.625 Rules for permits; schedule ofinspections. The Director of the Departmentof Consumer and Business Services shall, byrule, adopt:

(1) A list of information required forlow-rise residential dwelling building per-mits; and

(2) A priority schedule for low-rise resi-dential dwelling inspections and plan reviewrequirements. [1987 c.604 §5; 1997 c.658 §3; 2003 c.675§34]

455.626 Rules for accommodatingtechnology. The Director of the Departmentof Consumer and Business Services shalladopt, amend or repeal the state buildingcode as necessary to establish viable stan-dards for providing advanced telecommuni-cations and cable service technology tonewly constructed low-rise residential dwell-ings. [1999 c.329 §2; 2003 c.675 §48]


455.627 Minor electrical installationinspection program; rules. The Departmentof Consumer and Business Services, in con-sultation with the Residential and Manufac-tured Structures Board, shall adopt rules to



create a mandatory random inspection pro-gram for minor electrical installations madeby electrical contractors in low-rise residen-tial dwellings. [1995 c.53 §13; 2003 c.675 §35; 2009c.567 §21]


455.628 Plan review exemption. (1) TheDepartment of Consumer and Business Ser-vices or a municipality administering andenforcing a building inspection program un-der ORS 455.148 or 455.150 may not requirea plan review for one and two family dwell-ings that are of conventional light frameconstruction, as defined by the departmentby rule, if:

(a) The plans for the dwelling are de-signed and stamped by a professional engi-neer registered under ORS 672.002 to 672.325or an architect registered under ORS 671.060;and

(b) The engineer or architect is certifiedby the Director of the Department of Con-sumer and Business Services under ORS455.720 as being qualified to examine one andtwo family dwelling plans.

(2) The department or municipality is ex-empt from liability for any damages arisingfrom the nonperformance of a plan reviewpursuant to this section. [2003 c.367 §4; 2005 c.758§21a; 2015 c.576 §15]


455.630 Enforcement. (1) The Low-RiseResidential Dwelling Code shall be enforcedby inspectors and building officials qualifiedpursuant to ORS 455.715 to 455.740.

(2) Notwithstanding subsection (1) of thissection, enforcement of electrical specialtycode, permit and licensing provisions shallbe under the sole authority of the Electricaland Elevator Board in the Department ofConsumer and Business Services. [1987 c.604§7; 1999 c.714 §1; 2003 c.675 §36]

455.635 [Formerly 456.787; renumbered 455.085 in1991]

PUBLIC ASSEMBLY STRUCTURES455.640 Definitions for ORS 455.640 to

455.645. (1) As used in ORS 455.640 to455.645, unless the context otherwise re-quires, the words, terms and phrases definedin subsections (2) to (5) of this section shallhave the meaning given them in those sub-sections.

(2) “Architect” means an architect as de-fined in ORS 671.010 in accordance with the

rules and regulations of the State Board ofArchitect Examiners.

(3) “Certified structure” means a struc-ture designed by a professional engineer orarchitect as defined in this section.

(4) “Professional engineer” means an en-gineer as defined in ORS 672.002 in accor-dance with the rules and regulations of theState Board of Examiners for Engineeringand Land Surveying.

(5) “Structures of public assembly” meansstructures which the public may enter forsuch purposes as deliberation, education,worship, shopping, entertainment, amuse-ment or awaiting transportation. [Formerly456.965]

Note: 455.640, 455.642 and 455.645 were added toand made a part of ORS chapter 455 by legislative ac-tion but were not added to any smaller series therein.See Preface to Oregon Revised Statutes for further ex-planation.

455.642 Application. The provisions ofORS 455.640 to 455.645 shall not be con-strued to apply to any building having aground area of 4,000 square feet or less andwhich is not more than 20 feet in heightfrom the top surface of lowest flooring to thehighest interior overhead finish of the struc-ture. [Formerly 456.970]


455.645 Certain plans for structuresof public assembly to be certified. In orderto safeguard life, health and property, alldrawings and plans defining the framing sys-tems, shoring systems and foundations forstructures of public assembly shall be certi-fied by a qualified professional engineer orqualified architect. The design of the certi-fied structure of public assembly shall pro-vide for resistance to lateral forces, includingwind and earthquakes, as well as gravityloads, in accordance with accepted engineer-ing practice and governing building codes.The design shall be accompanied by support-ing lateral force calculations. [Formerly 456.975]


MUNICIPAL REVIEW AND INSPECTION

(Generally)455.675 Authorized substitutions in

codes adopted by reference. For the pur-poses of the codes of regulations adopted un-der this chapter, unless the context clearlyindicates otherwise, the following substi-tutions shall be made in any code adopted byreference as part of the state building code:

(1) “Building official” for “administrativeauthority.”

(2) “Governing body” for “mayor” and“city council.”



(3) “Municipality” for “city,” “county” orother unit of local government. [Formerly456.875; 1999 c.1045 §17]

455.680 Plan approval and permits forrecreation or picnic park or camp; li-cense; rules. (1) Plan approval and permitsshall be obtained from the Department ofConsumer and Business Services prior toconstruction, enlargement or alteration ofany recreation park, picnic park or organ-izational camp as defined in ORS 446.310.

(2) If the department determines that thework conforms to the approved plans andspecifications, it shall issue a final approvalwhich shall, if all other conditions of ORS455.010 to 455.240, 455.410 to 455.450 and455.595 to 455.740 are met, authorize the is-suance of a license by the Oregon HealthAuthority to operate the park or, in the caseof then currently licensed parks, shall au-thorize continued operation for the remain-ing part of the licensing year.

(3) In accordance with ORS 455.010 to455.240, 455.410 to 455.450 and 455.595 to455.740 and in consultation and agreementwith the authority, the department shalladopt rules to carry out this section. Therules adopted pursuant to this section shallbe a specialty code as defined in ORS455.010. [Formerly 446.337 and then 456.837; 1997 c.259§2; 2009 c.595 §938]

455.685 Review of plans and specifica-tions to determine compliance; effect ofapproval; fees. The Director of the Depart-ment of Consumer and Business Servicesmay, upon an application setting forth a setof plans and specifications that will be uti-lized in one or more municipalities to ac-quire building permits, review and approvethe application for the construction orerection of any building or structure if suchset of plans meets the requirements of thestate building code. All costs incurred by thedirector by virtue of the examination of sucha set of plans and specifications shall be paidby the applicant. The plans and specifica-tions or any plans and specifications requiredto be submitted to a state agency shall besubmitted to the director who shall examinethe instruments and if necessary distributethem to the appropriate state agencies forscrutiny regarding adequacy as to fire safety,life safety and all other appropriate features.The state agencies shall examine andpromptly return the plans and specificationstogether with their certified statement as tothe adequacy of the instruments regardingthat agency’s area of concern. The applicantshall submit the plans and specifications toa local building official prior to applicationfor a building permit. The local building offi-cial shall review the plan for those featuresrequired by local ordinance or by any site-

specific, geographic, geologic or climaticcode requirements. A local building officialshall issue a building permit upon applica-tion and presentation to the local buildingofficial of such a set of plans and specifica-tions bearing the approval of the director ifthe requirements of all other local ordi-nances are satisfied. The director or localbuilding official may assess such fees as nec-essary to recover the reasonable costs in-curred to ensure the compliance of the plansand specifications with the state buildingcode. [Formerly 456.840; 1997 c.856 §3]

455.690 Appeal to advisory boards. Anyperson aggrieved by the final decision of amunicipal appeals board or a subordinate of-ficer of the Department of Consumer andBusiness Services as to the application ofany provision of a specialty code may, within30 days after the date of the decision, appealto the appropriate advisory board. Theappellant shall submit a fee of $20, payableto the department, with the request for ap-peal. The final decision of the involved mu-nicipality or state officer shall be subject toreview and final determination by the appro-priate advisory board as to technical andscientific determinations related to the ap-plication of the specialty code involved.[Formerly 456.850; 1993 c.744 §98]

455.700 Validity of certain buildingpermits. Building permits or certificates ofoccupancy validly issued before July 1, 1974,regarding buildings or structures being con-structed or altered pursuant thereto, shall bevalid thereafter and the construction may becompleted pursuant to the building permit,unless the building official determines thatlife or property is in jeopardy. [Formerly456.855]

455.705 Prefabricated structures planapproval and inspections; approval ofbusiness or persons performing inspec-tions; rules; fees; manufacturer compli-ance program; insignia of compliance orcertification stamp required for certaintransactions. (1) A manufacturer of prefab-ricated structures or manufacturer of prefab-ricated structure components may notcontract with a municipality or a person toperform prefabricated structure plan ap-provals or inspections unless the person pro-viding the plan approvals or inspections iscertified or approved under subsection (2) ofthis section or is providing plan approvals orinspections for a residential prefabricatedstructure that is intended for delivery in an-other state.

(2)(a) A person may not engage in pre-fabricated structure plan approvals or in-spections without being certified under ORS455.715 to 455.740 or 479.810 unless the per-son is providing plan approvals or inspec-



tions for a residential prefabricated structurethat is intended for delivery in another state.

(b) A person may not engage in the busi-ness of providing prefabricated structureplan approvals or inspections without an ap-proval issued by the Department of Con-sumer and Business Services.

(3) In accordance with any applicableprovisions of ORS chapter 183, the Directorof the Department of Consumer and BusinessServices shall establish by rule a system forapproval and regulation of businesses andpersons who perform prefabricated structureplan approvals or inspections. The systemshall include but not be limited to the fol-lowing provisions:

(a) Prescribing the form and content ofand the times and procedures for submittingan application for the issuance or renewal ofan approval.

(b) Prescribing the term of the approvaland the fee for the original issue and re-newal in an amount that does not exceed thecost of administering the approval system.The charge for review and approval of athird party inspection service shall not ex-ceed, for the original issue, $400 and for therenewal, $200.

(c) Prescribing the conditions for initialissuance, renewal and maintenance of theapproval for a person certified under ORS455.715 to 455.740 or 479.810, including butnot limited to the following provisions:

(A) Procedures and reports for plan ap-provals and inspections;

(B) Ethical practices and prohibitions ofconflicts of interests with manufacturers ofprefabricated structures and manufacturersand suppliers of parts and services;

(C) Insurance compliance requirements;(D) Procedures for use and application of

insignia of compliance; and(E) Fees for and procedures for use and

application of certification stamps.(d) Prescribing other actions or circum-

stances that constitute failure to achieve ormaintain approval competency or that other-wise constitute a danger to the public healthor safety and for which the director may re-fuse to issue or renew or may suspend or re-voke a certification, permit or certificate.

(e) Prescribing the authority of the de-partment to perform oversight monitoringincluding but not limited to:

(A) Right of entry and access to thirdparty records and information;

(B) Frequency, type and extent of theoversight monitoring and inspection of thirdparty agencies and manufacturing facilities;and

(C) Frequency and description of infor-mation to be submitted as part of the moni-toring process.

(f) Prescribing fees for monitoring con-ducted by the department at the manufactur-ing plant site or at third party inspectionservice locations, which fees shall not exceed$60 per hour.

(4)(a) The department shall establish byrule a manufacturer compliance program toallow for plan approvals or inspections ofprefabricated structures or prefabricatedstructure components at the facility at whichthe prefabrication takes place, including butnot limited to the following provisions:

(A) Quality assurance programs;(B) Procedures for use and application of

insignia of compliance; and(C) Fees for and procedures for use and

application of certification stamps.(b) A manufacturer of prefabricated

structures shall provide the department withwritten notice at least 60 days before a man-ufacturer may provide for plan approval orinspection service as allowed under subsec-tion (2) of this section.

(c) The department is not required toprovide plan approval for or inspection ofany prefabricated structure or prefabricatedstructure components unless the departmenthas been notified in writing by the manufac-turer of the prefabricated structure 180 daysin advance of the proposed assumption of de-partment inspections.

(5) A person may not rent, lease, sell,exchange, install or offer for rent, lease, sale,exchange or installation within this state aprefabricated structure constructed on or af-ter July 1, 1991, unless it bears an insigniaof compliance or certification stamp issuedby the department or a third party indicatingcompliance with this state’s building regu-lations and standards for prefabricatedstructures. The prohibition in this subsectiondoes not apply to a residential prefabricatedstructure intended for delivery in anotherstate unless the residential prefabricatedstructure is installed or offered for installa-tion in this state. A prefabricated structurewith an insignia of compliance or certifica-tion stamp shall be acceptable to municipal-ities as meeting the state building coderegulations. Prefabricated structures con-structed prior to July 1, 1991, are subject tothe building code regulations in effect at thetime of original construction.

(6) The provisions of this section do notapply to employees of the Department ofConsumer and Business Services and testinglaboratories approved under ORS chapters447 and 479.



(7) For purposes of this section, “insigniaof compliance” means the plate affixed to astructure by the Department of Consumerand Business Services or a third party tosignify compliance with all state buildingcode requirements for which the structurewas inspected.

(8) Prefabricated structures or compo-nents found by the department or a thirdparty to represent a danger to public healthor safety shall be brought into compliancewith building code regulations or removedfrom the state.

(9) All plan approvals and inspections ofprefabricated structures and prefabricatedcomponents constructed at manufacturingplants outside of Oregon but intended fordelivery into Oregon shall be performed bythe department or conducted under ORS455.430. [1995 c.304 §3; 2005 c.310 §3]

Note: 455.705 was added to and made a part of455.010 to 455.740 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

(Inspectors)455.715 Definitions for ORS 455.715 to

455.740. As used in ORS 455.715 to 455.740,unless the context otherwise requires:

(1) “Building official” means a personcharged by a municipality with responsibilityfor administration and enforcement of thestate building code in the municipality.

(2) “Business of providing prefabricatedstructure plan approvals and inspections”means an independent contractor providingprefabricated structure plan approval or in-spection services, or both, under the follow-ing specialty codes, as provided in ORS455.020, 455.705 and 455.715:

(a) Structural;(b) Mechanical;(c) Plumbing;(d) Electrical; and(e) Low-rise residential dwelling.(3) “Inspector” means:(a) A person, including a plans examiner,

acting under the authority and direction ofa building official and charged with the re-sponsibility of routine enforcement of one ormore specialty codes or parts of specialtycodes;

(b) A person, including a plans examiner,who provides enforcement of one or morespecialty codes or parts of specialty codesand who is personally in the business of pro-viding prefabricated structure plan approvalsor inspections or is employed by such abusiness;

(c) A specialized building inspector certi-fied under ORS 455.723 who is employed bya municipality or by the Department of Con-sumer and Business Services;

(d) A person employed by a municipalityor the department who is certified underORS 455.732 to perform inspections underone or more specialty codes throughout abuilding code administrative region; or

(e) A person designated by the Directorof the Department of Consumer and BusinessServices to ensure compliance with a spe-cialty code or with any requirement for a li-cense, registration, certification,endorsement or other authorization to per-form work related to the administration andenforcement of the state building code.[Formerly 456.805; 1991 c.361 §1; 1995 c.304 §5; 2003 c.675§37; 2009 c.593 §§5,6; 2013 c.110 §4]

455.720 Standards and qualificationsfor personnel; rules. (1) In accordance withapplicable provisions of ORS chapter 183, topromote effective and uniform enforcementof the state building code by improving thecompetence of building officials and inspec-tors, the Director of the Department of Con-sumer and Business Services, with the adviceof the advisory boards, shall:

(a) Establish for building officials and in-spectors reasonable minimum training andexperience standards, including but not lim-ited to courses or subjects for instruction,facilities for instruction, qualification of in-structors and methods of instruction. Thestandards shall include provisions for deter-mining a practical experience equivalent.

(b) Establish a procedure to be used bymunicipalities to determine whether a personmeets minimum standards or has minimumtraining to be appointed or employed as abuilding official or inspector. The procedureshall allow for a field examination of a per-son to determine if the person meets thepractical experience equivalent of a mini-mum standard.

(c) Subject to such terms, conditions andclassifications as the director may impose,certify building officials as being qualified,and revoke such certifications in the mannerprovided in ORS 455.740.

(d) Require an applicant for a certificateas a building official or inspector to demon-strate knowledge of the laws governing ac-cessibility to buildings by persons withdisabilities by passing an examination pre-scribed by the director.

(2) The director shall maintain and, uponrequest of municipalities, furnish informationon applicants for appointment or employmentas building officials or inspectors.

(3) Pursuant to ORS chapter 183, the di-rector shall adopt rules necessary to carry



out the certification programs provided bysubsection (1) of this section.

(4) The director, by rule, may require ev-idence of completion of continuing educationcovering any certification created under thissection as a condition of maintaining thecertification. Nothing in this subsectionshall prohibit the director from delegatingany of this power to a municipality.

(5) The director, with the advice of theappropriate advisory boards, may adopt rulesfor certifying inspectors as being qualified toenforce one or more particular specialtycodes, subject to any terms, conditions andclassifications the director may impose, andfor revoking those certifications in the man-ner provided in ORS 455.740. [Formerly 456.810;1989 c.224 §119; subsection (4) enacted as 1991 c.361 §5;1999 c.527 §1; 2001 c.104 §197; 2005 c.758 §21b; 2007 c.70§257]

455.723 Specialized building inspectors;rules. (1) The Director of the Department ofConsumer and Business Services, with theadvice of the appropriate advisory boards,may adopt rules establishing one or moreprograms to train, qualify and certify an in-dividual as a specialized building inspectorauthorized to enforce portions of specialtycodes. Notwithstanding ORS 455.720 (1) and455.725, the rules may include, but need notbe limited to, rules that establish:

(a) Work experience, training and otherqualifications for program participation;

(b) Content and presentation require-ments for training programs;

(c) Methods for verifying the qualifica-tion of the individual to enforce portions ofspecialty codes as a specialized building in-spector certified under this section;

(d) The portions of various specialtycodes that each program will enable a quali-fying individual to enforce and any terms,conditions or classifications applicable forthat enforcement; and

(e) Requirements the director believesreasonable for the administration and en-forcement of this section.

(2) Notwithstanding ORS 446.250, 455.630,455.720, 455.725, 479.530, 479.810 and 479.855,the director may issue or cause to be issueda certificate as a specialized building inspec-tor to an individual who successfully com-pletes an approved training program andsatisfies qualification verification under thissection.

(3) An individual certified as a special-ized building inspector under this sectionmay conduct inspections and enforce por-tions of specialty codes under ORS 479.510 to479.945 and 479.950 and this chapter andORS chapters 446, 447 and 693 as identifiedby the director. The enforcement of portions

of specialty codes by a specialized buildinginspector is subject to any terms, conditionsor classifications applicable to that enforce-ment established by the director by rule.[2009 c.593 §2]

455.725 Certification of personneltraining programs. (1) Upon application,the Director of the Department of Consumerand Business Services or an authorized rep-resentative shall examine and evaluate anyprogram or facility established by a munic-ipality or educational institution for thetraining of building officials, inspectors andspecialty code inspectors and plan reviewerslicensed under ORS 455.457.

(2) If the director finds that a trainingprogram is qualified under the minimum re-quirements established pursuant to ORS455.720, the director shall, in writing, certifythe training program as being qualified forsuch a period of time and upon such condi-tions as the director may prescribe. An indi-vidual complies with any minimumrequirement for building officials or inspec-tors established pursuant to ORS 455.720when the individual satisfactorily completesa training program certified under this sec-tion. [Formerly 456.815; 1999 c.1045 §18]

455.730 Certification of personnel re-quired. No person shall be appointed or em-ployed as a building official or inspector byany municipality unless the person has beencertified as being qualified under ORS455.715 to 455.740, and the certification hasnot lapsed or been revoked. [Formerly 456.820]

455.732 Certification of inspectors toperform duties in building code adminis-trative regions; training program recog-nition. (1) As used in this section, “buildingcode administrative region” means a regionestablished by the Director of the Depart-ment of Consumer and Business Services un-der ORS 455.042 for the uniformadministration of the state building code.

(2) The authority of the director underORS 455.720 and 455.723 to specify terms,conditions and classifications for the certi-fication of inspectors includes the authorityto certify an inspector to perform inspectionsunder multiple specialty codes or parts of aspecialty code.

(3) The director may provide for an in-spector who is likely to be employed withina specific building code administrative regionto be certified to perform inspectionsthroughout a building code administrativeregion, whether within or outside of a mu-nicipality. The director may recognize anytraining program certified by the directorunder ORS 455.723 or 455.725 for purposes ofcertifying an inspector to perform inspec-tions throughout a building code administra-



tive region. This subsection does not requirea municipality administering and enforcing abuilding inspection program under ORS455.148 or 455.150 to allow an inspector cer-tified under this subsection who is not em-ployed by the municipality to performbuilding inspections on behalf of the munic-ipality.

(4) In determining the appropriate expe-rience, training or other qualifications for aninspector under ORS 455.720 or 455.723, thedirector shall consult with the appropriateadvisory boards. The factors to be consideredby the director may include, but need not belimited to:

(a) Any factors specific to, or of partic-ular relevance to, a specialty code or to thetypes of buildings, structures, systems orequipment in a geographic area that are in-spected under the specialty code;

(b) Staffing levels or other specific crite-ria for building inspection programs estab-lished by a municipality where the inspectoris likely to be employed or for building in-spection programs established by the direc-tor; and

(c) Any factors specific to, or of partic-ular relevance to, the building code adminis-trative region within which the inspector islikely to be employed.

(5) In determining the scope of certifica-tions and qualifications for an inspector, thedirector may utilize field training equiv-alency, independent evaluations or othermethods the director deems appropriate. [2013c.110 §2]

455.735 Issuance and renewal of cer-tificates; fees; rules. (1) The Director of theDepartment of Consumer and Business Ser-vices may issue certificates for building offi-cials and building inspectors under ORS455.715 to 455.740.

(2) Any person desiring issuance of aninitial certificate as a building official or in-spector shall make application to the direc-tor upon such forms as the director mayprescribe for such purpose and pay an appli-cation fee.

(3) If the director requires, by rule, anapplicant for a particular certification topass an examination prepared by a nationalorganization, the applicant shall pay in addi-tion to the fee required in subsection (2) ofthis section, the cost of the examination. Ifthe director requires an applicant for certi-fication to pass an examination administeredby the Department of Consumer and Busi-ness Services, the department may chargethe applicant an examination administrationfee.

(4) Upon determining that the applicantis qualified under ORS 455.715 to 455.740, the

director shall issue a certificate or cause acertificate to be issued to the applicant.

(5) A certificate issued under this sectionshall be valid for a term established by thedepartment by rule. An applicant for renewalof a certificate shall submit an applicationon a form approved by the director and paya renewal application fee.

(6) The department may adopt rules es-tablishing certificate renewal requirementsand establishing reasonable fees under thissection.

(7) The department may charge fees forparticipation in training programs approvedor established by the department under ORS455.220 or 455.715 to 455.740. [Formerly 456.825;1991 c.201 §1; 1991 c.361 §2; 2005 c.758 §21c; 2009 c.593§§7,8; 2013 c.110 §5]

455.737 Experience and training out-side Oregon; examination; rulemaking. (1)Notwithstanding ORS 455.720 (1), the Direc-tor of the Department of Consumer andBusiness Services, by rule, shall adopt crite-ria for review of the experience and trainingin building inspection and building plan re-view acquired by a person outside the Stateof Oregon. The criteria shall be adopted in amanner that facilitates review of a person’squalifications by a local building official.

(2)(a) A local building official who wishesto employ a person who is not certified underORS 455.735 as an inspector shall submit theperson’s qualifications to the director. Thedirector shall review the stated qualificationsagainst the criteria adopted under subsection(1) of this section, including verification ofexperience and training. The director shallrespond to the local building official in writ-ing within 10 working days of receiving theapplicant’s qualifications, stating whetherthe person meets the applicable criteria.

(b) Upon application and payment of therequired fee, the director shall allow a per-son whose qualifications meet the criteriaadopted under subsection (1) of this sectionto sit for any examination necessary for therequired certification. [1997 c.677 §2; 2005 c.758§21d]

Note: Section 4, chapter 677, Oregon Laws 1997,provides:

Sec. 4. The provisions of ORS 455.035 are waivedwith respect to any rules adopted under section 2 of thisAct [455.737] or ORS 479.810 as amended by section 3of this Act. [1997 c.677 §4]

455.740 Denial of certificate; discipli-nary action against certificate holder;rules. (1) Subject to ORS chapter 183, theDirector of the Department of Consumer andBusiness Services may deny, condition, sus-pend, revoke or refuse to renew a certificateof a building official or inspector if the di-rector finds that the building official or in-spector has:



(a) Consistently failed to act in the publicinterest in the performance of duties;

(b) Failed to complete the continuing ed-ucation requirements as required under ORS455.720 (4);

(c) Provided false information to the de-partment; or

(d) Committed an act described in ORS455.125 or 455.129.

(2) In any revocation proceeding underthis section, the municipality that employsthe building official or inspector shall be en-titled to appear as a party in interest, eitherfor or against the revocation.

(3) When a certification is suspended orrevoked under this section, the director mayalso suspend, deny or place conditions onthat person’s right to reapply for certifica-tion under ORS 455.735 for a period not toexceed 12 months.

(4) This section does not limit or other-wise affect the authority of a municipality todismiss or suspend a building official or in-spector at the discretion of the municipality.

(5) Notwithstanding the requirements ofsubsections (1) to (4) of this section, the di-rector may adopt rules that:

(a) Allow certifications to be placed oninactive status; and

(b) Extend continuing education compli-ance requirements in case of illness or hard-ship. [Formerly 456.835; 1991 c.361 §3; 2009 c.593 §9]

(Remedial Authority of Director)

455.770 Investigation of municipality,building official or inspector; correctiveaction; revocation of authority. (1) In ad-dition to any other authority and powergranted to the Director of the Departmentof Consumer and Business Services underORS 446.003 to 446.200, 446.225 to 446.285,446.395 to 446.420, 479.510 to 479.945, 479.995and 480.510 to 480.670 and this chapter andORS chapters 447, 460 and 693, with respectto municipalities, building officials and in-spectors, if the director has reason to believethat there is a failure to enforce or a vio-lation of any provision of the state buildingcode or ORS 446.003 to 446.200, 446.225 to446.285, 446.395 to 446.420, 479.510 to 479.945,479.995 or 480.510 to 480.670 or this chapteror ORS chapter 447, 460 or 693 or any ruleadopted under those statutes, the directormay:

(a) Examine building code activities ofthe municipality;

(b) Take sworn testimony; and

(c) With the authorization of the Officeof the Attorney General, subpoena personsand records to obtain testimony on officialactions that were taken or omitted or to ob-tain documents otherwise subject to publicinspection under ORS 192.410 to 192.505.

(2) The investigative authority authorizedin subsection (1) of this section covers theviolation or omission by a municipality re-lated to enforcement of codes or administra-tive rules, certification of inspectors orfinancial transactions dealing with permitfees and surcharges under any of the follow-ing circumstances when:

(a) The duties are clearly established bylaw, rule or agreement;

(b) The duty involves procedures forwhich the means and methods are clearlyestablished by law, rule or agreement; or

(c) The duty is described by clear per-formance standards.

(3) Prior to starting an investigation un-der subsection (1) of this section, the directorshall notify the municipality in writing set-ting forth the allegation and the rules orstatutes pertaining to the allegation and givethe municipality 30 days to respond to theallegation. If the municipality does not sat-isfy the director’s concerns, the director maythen commence an investigation.

(4) If the Department of Consumer andBusiness Services or the director directscorrective action, the following shall bedone:

(a) The corrective action shall be inwriting and served on the building officialand the chief executive officers of all munic-ipalities affected;

(b) The corrective action shall identifythe facts and law relied upon for the re-quired action; and

(c) A reasonable time shall be providedto the municipality for compliance.

(5) The director may revoke any author-ity of the municipality to administer any partof the state building code or ORS 446.003 to446.200, 446.225 to 446.285, 446.395 to 446.420,479.510 to 479.945, 479.995 or 480.510 to480.670 or this chapter or ORS chapter 447,460 or 693 or any rule adopted under thosestatutes if the director determines after ahearing conducted under ORS 183.413 to183.497 that:

(a) All of the requirements of this sectionand ORS 455.775 and 455.895 were met; and



(b) The municipality did not comply withthe corrective action required. [1991 c.792 §§2,6;1995 c.79 §230; 2001 c.411 §19; 2013 c.324 §9]

455.775 Enforcement authority of di-rector; investigations; corrective actions;prevention or termination of violation. Inaddition to any other authority and powergranted under this chapter and ORS chapters446, 447, 460, 479, 480 and 693:

(1) The Director of the Department ofConsumer and Business Services may, at thediscretion of the director, enforce the pro-visions of the state building code and ORS446.003 to 446.200, 446.225 to 446.285, 446.395to 446.420, 479.510 to 479.945, 479.950, 479.995and 480.510 to 480.670 and this chapter andORS chapters 447, 460 and 693 against anyperson regardless of whether a permit, cer-tificate, license or other indicia of authorityhas been issued. The director may:

(a) Make an investigation;(b) Take sworn testimony;(c) With the authorization of the Office

of the Attorney General, subpoena personsand records;

(d) Order corrective action; and(e) If an immediate hazard to health and

safety is imminent, issue an order to stop allor any part of the work under the applicablespecialty code.

(2) If the director has reason to believethat any person has been engaged, or is en-gaging, or is about to engage in any violationof the state building code, or ORS 446.003 to446.200, 446.225 to 446.285, 446.395 to 446.420,479.510 to 479.945, 479.950 or 480.510 to480.670 or this chapter or ORS chapter 447,460 or 693 or any rule adopted under thosestatutes, the director may issue an order,subject to ORS 183.413 to 183.497, directed tothe person to cease and desist from the vio-lation or threatened violation.

(3) If the director has reason to believethat any person has been engaged, or is en-gaging, or is about to engage in any violationof the state building code or ORS 446.003 to446.200, 446.225 to 446.285, 446.395 to 446.420,479.510 to 479.945, 479.950 or 480.510 to480.670 or this chapter or ORS chapters 447,460 and 693 or any rule adopted under thosestatutes, the director may, without bond,bring suit in the name and on behalf of theState of Oregon in the circuit court of anycounty of this state to enjoin the acts orpractices and to enforce compliance with thestate building code and ORS 446.003 to446.200, 446.225 to 446.285, 446.395 to 446.420,479.510 to 479.945, 479.950 and 480.510 to480.670 and this chapter and ORS chapters447, 460 and 693 and any rule adopted underthose statutes. Upon a proper showing, apermanent or temporary injunction, restrain-

ing order or writ of mandamus shall begranted.

(4) This section does not grant any au-thority over a municipality or an inspectoremployed by a municipality. [1991 c.792 §§3,5;1999 c.597 §1; 2001 c.411 §20; 2003 c.14 §285; 2013 c.324§10]

MASTER BUILDER PROGRAMS455.800 Definitions for ORS 455.800 to

455.820. As used in ORS 455.800 to 455.820:(1) “Building official” means a person

who is a building official as defined in ORS455.715 or a Department of Consumer andBusiness Services employee charged with en-forcement or administration of the statebuilding code.

(2) “Building trade committee” means agroup composed of experienced and know-ledgeable local general contractors or otherpersons having substantial expertise in vari-ous aspects of one and two family dwellingconstruction under the Low-Rise ResidentialDwelling Code.

(3) “General contractor” has the meaninggiven that term in ORS 701.005.

(4) “Master builder” means a person cer-tified under ORS 455.810.

(5) “Qualified construction company”means a company that has been:

(a) Continuously licensed by the Con-struction Contractors Board during the pre-ceding 60 months as a general contractor; or

(b) Continuously licensed by the Con-struction Contractors Board during at leastthe preceding 24 months as a general con-tractor and by one or more other states dur-ing the balance of the preceding 60 monthsin an occupation equivalent to that of a gen-eral contractor.

(6) “Regular employee” means a personwho:

(a) Is continuously employed by, and onthe regular payroll of, a qualified construc-tion company;

(b) Has filed a withholding exemptioncertificate pursuant to ORS 316.182 for workperformed for the qualified constructioncompany; and

(c) Is available during working hours tosupervise on-site dwelling construction, in-cluding but not limited to supervising theinstallation of:

(A) Drywall;(B) Electrical systems;(C) Footings;(D) Foundations;(E) Framing;(F) Insulation;



(G) Mechanical systems;(H) Plumbing systems; and(I) Stairs.(7) “Whole dwelling remodel” means a

project that includes the installation in anexisting dwelling of all of the following:

(a) Drywall;(b) Electrical systems;(c) Footings;(d) Foundations;(e) Framing;(f) Insulation;(g) Mechanical systems; and(h) Plumbing systems. [2001 c.406 §1; 2003

c.675 §38]Note: 455.800 to 455.820 were enacted into law by

the Legislative Assembly but were not added to or madea part of ORS chapter 455 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

455.805 Criteria for granting of masterbuilder status. An individual may apply tothe Department of Consumer and BusinessServices to be tested and certified as a mas-ter builder. The department shall establishuniform criteria for use in determiningwhether to grant an application. The criteriamust, at a minimum, provide that:

(1) The individual must be an owner orregular employee of a qualified constructioncompany and be authorized by the companyto provide assurance to the department thatall state and local code requirements aremet.

(2) In each of the five preceding calendaryears, the individual must either have per-formed or supervised a dwelling constructionor whole dwelling remodel. In at least twoof the years, the construction or remodelmust have occurred in a geographic areathat had a master builder program.

(3) The individual must have completeda program sponsored by a local buildingtrade committee or other program approvedby the department, providing training relat-ing to the construction of one and two familydwellings under the Low-Rise ResidentialDwelling Code. A program must include butneed not be limited to instruction in:

(a) Administration;(b) Chimneys and fireplaces;(c) Decay and termite protections;(d) Energy conservation;(e) Footings and foundations;(f) Roof-ceiling construction;(g) Roof coverings;(h) Site inspections;

(i) Wall construction, assemblies andcoverings; and

(j) Wood and metal framing.(4) The individual must have scored at

least 75 percent on a written examination,approved and administered by the depart-ment, covering the appropriate aspects of theLow-Rise Residential Dwelling Code.

(5)(a) The individual must not be thesubject of an adverse final order issued bythe Construction Contractors Board or De-partment of Consumer and Business Servicesbased upon acts committed within 36 monthspreceding the application date that:

(A) Violated a specialty code, licensingor permit requirement; or

(B) Resulted in a claim being filed withthe board or department against the individ-ual.

(b) For purposes of this subsection, if theindividual is an owner of a qualified con-struction company, an adverse final order is-sued against the company is an adverse finalorder issued against that individual. [2001 c.406§2; 2003 c.675 §39]


455.810 Certificates; fees; discipline;rules. (1) An individual seeking certificationas a master builder must apply to the De-partment of Consumer and Business Serviceson the form prescribed by the department.Upon determining that the applicant meetsthe criteria for certification set forth in ORS455.805, the department shall issue the cer-tificate.

(2) Certification as a master builder isvalid for three years unless suspended or re-voked. An individual may renew a certificatethat is in good standing by:

(a) Providing evidence of continuing edu-cation as required by department rule; and

(b) Paying a renewal fee established bythe department by rule.

(3) The department may deny, refuse torenew, suspend or revoke certification as amaster builder if the individual fails orceases to meet the criteria for certificationset forth in ORS 455.805 or engages in ac-tions resulting in a waiver revocation underORS 455.820 (3). The department must affordan individual an opportunity for a hearingpursuant to ORS chapter 183 upon a denialor refusal to renew or prior to a suspensionor revocation of certification.

(4) The department may adopt all rulesnecessary and proper for administering ORS455.800 to 455.820, including but not limitedto rules establishing application, examina-tion, certification and renewal fees. [2001 c.406§3]




455.815 Establishment of masterbuilder programs; waiver of inspections;builder verification of performance. (1)Local government establishment of a masterbuilder program is voluntary. A local gov-ernment electing to establish or terminate aprogram shall notify the Department of Con-sumer and Business Services. If terminatinga program, the local government must givethe notice six months before the programterminates.

(2) The Department of Consumer andBusiness Services may implement a masterbuilder program in one or more geographicareas for which the department provides planreview or inspection services. A departmentdecision to include an area as a participantin the program affects only those areas, andthose reviews or inspections, for which thedepartment provides services instead of a lo-cal government. The department shall notifya county prior to implementing a masterbuilder program in areas of the county thatare served by the department.

(3) A local government may not allow anindividual to perform the duties of a masterbuilder unless the local government has amaster builder program. The department mayallow an individual to perform the duties ofa master builder in any geographic area ad-ministered by the department.

(4) A building official of a governmenthaving a master builder program may waiveplan review elements by that governmentand may waive government performance ofone or more of the required inspectionsidentified by department rule, including butnot limited to inspections described in sub-section (6) of this section, if:

(a) An individual certified as a masterbuilder submits construction plans for a oneor two family dwelling regulated by theLow-Rise Residential Dwelling Code; and

(b) The building official determines that:(A) The work is not of a highly technical

nature; and(B) There is no unreasonable potential

risk to safety of the structure.(5) A building official may not waive

government performance of plan review orrequired inspections for:

(a) Special design applications that arecomplex and highly technical engineeredsystems; or

(b) Unique building sites, including butnot limited to sites containing geologic haz-ards such as landslide hazard areas,floodplains and wetlands.

(6) Subject to subsections (3) to (5) of thissection, a building official may allow a mas-ter builder to verify that the master builder

has properly performed an installation on aproject and, to the extent that inspectionwould duplicate the verification conductedby the master builder, may waive govern-ment performance of the following requiredinspections:

(a) Drywall;(b) Footings and setbacks;(c) Foundation walls, Ufer grounding

rods and rebar;(d) Insulation;(e) Masonry fireplace pre-cover;(f) Masonry rebar;(g) Gutters, downspouts and foundation

drains;(h) Roof sheathing nailing;(i) Suspended ceilings;(j) Underfloor structural; and(k) Wall sheathing nailing. [2001 c.406 §4;

2003 c.675 §40]Note: See note under 455.800.

455.820 Plan review and verification;documentation; duties of building official;effect of waiver revocation. (1) A masterbuilder must perform all plan review and re-quired verifications for which governmentreview or inspection has been waived by abuilding official. The master builder shallmaintain copies of all documents and reportsrequired by the government granting thewaiver and provide those copies to thebuilding official.

(2) When waiving government perform-ance of plan review or required inspections,a building official shall require the masterbuilder to sign a form that specifically iden-tifies each waiver and states that the masterbuilder accepts the duty of performing thereview and verifications. A master builderwho accepts the duty of performing a reviewor verification remains responsible for thatduty unless released by written and signedpermission of the building official. A buildingofficial may release a master builder from areview or verification duty by a written andsigned assumption of the review or inspec-tion duty by the building official or writtenand signed assumption of the review andverification duty by another master builder.

(3) A building official for a governmentthat has a master builder program:

(a) Must conduct inspections of at least10 percent of projects that are built under amaster builder program;

(b) May revoke a waiver for a plan re-view or required inspection if the masterbuilder fails to properly perform, or docu-ment performance of, review or verificationduties; and



(c) Must notify the Department of Con-sumer and Business Services when the offi-cial revokes a waiver pursuant to paragraph(b) of this subsection.

(4) When revoking a waiver, a buildingofficial shall provide the master builder witha release under subsection (2) of this sectionfrom future performance of review or verifi-cation duties. A release does not relieve amaster builder from liability for the failureto perform, or document performance of, re-view or verification duties prior to the revo-cation of the waiver.

(5) A government having a master builderprogram has no legal duty with regard toplan review or required inspections properlywaived under ORS 455.815 and accepted bya master builder in a signed form describedunder subsection (2) of this section. Thissubsection does not release a governmentfrom a duty arising due to a waiver revoca-tion under subsection (3) of this section oran assumption under subsection (2) of thissection.

(6) A local government may refuse togrant recognition to a certified masterbuilder if a waiver granted to the masterbuilder under that government’s masterbuilder program has been revoked pursuantto subsection (3)(b) of this section. If awaiver is revoked pursuant to subsection(3)(b) of this section, a local government orbuilding official may send a recommendationto the department for action against themaster builder who was granted the waiver.The local government or building officialmay also send the department any informa-tion supporting the recommendation. [2001c.406 §5]


§49]455.842 [Formerly 705.705; 2003 c.675 §41; 2005 c.833

§5; renumbered 455.044 in 2005]455.844 [Formerly 705.710; 2003 c.675 §42; 2005 c.833

§§6,10; renumbered 455.046 in 2005]455.846 [Formerly 705.715; 2003 c.675 §43; renum-

bered 455.048 in 2005]455.848 [Formerly 705.720; repealed by 2003 c.675

§49]

PENALTIES455.895 Civil penalties. (1)(a) The State

Plumbing Board may impose a civil penaltyagainst a person as provided under ORS447.992 and 693.992. Amounts recovered un-der this paragraph are subject to ORS693.165.

(b) The Electrical and Elevator Boardmay impose a civil penalty against a personas provided under ORS 479.995. Amounts re-covered under this paragraph are subject toORS 479.850.

(c) The Board of Boiler Rules may imposea civil penalty against a person as providedunder ORS 480.670. Amounts recovered un-der this paragraph are subject to ORS480.670.

(2) The Department of Consumer andBusiness Services, or an appropriate advisoryboard, if any, may at its discretion impose acivil penalty against any person who violatesthe state building code or ORS 446.003 to446.200, 446.225 to 446.285, 446.395 to 446.420,446.566 to 446.646, 446.666 to 446.746, 479.510to 479.945, 479.950 or 480.510 to 480.670, orthis chapter or ORS chapter 447, 460 or 693,or any rule adopted or order issued for theadministration and enforcement of thosestatutes. Except as provided in subsections(3), (4) and (9) of this section or ORS 446.995,a civil penalty imposed under this sectionmust be in an amount determined by the ap-propriate advisory board or the departmentof not more than $5,000 for each offense or,in the case of a continuing offense, not morethan $1,000 for each day of the offense.

(3) Each violation of ORS 446.003 to446.200 or 446.225 to 446.285, or any rule ororder issued under ORS 446.003 to 446.200 or446.225 to 446.285, constitutes a separate vi-olation with respect to each manufacturedstructure or with respect to each failure orrefusal to allow or perform an act requiredthereby, except that the maximum civil pen-alty may not exceed $1 million for any re-lated series of violations occurring withinone year from the date of the first violation.

(4) The department may impose a civilpenalty of not more than $25,000 against apublic body responsible for administering andenforcing a building inspection program. Asused in this subsection, “public body” hasthe meaning given that term in ORS 174.109.

(5) The maximum penalty established bythis section for a violation may be imposedonly upon a finding that the person has en-gaged in a pattern of violations. The depart-ment, by rule, shall define what constitutesa pattern of violations. Except as provided insubsections (1) and (10) of this section, mon-eys received from any civil penalty underthis section are appropriated continuouslyfor and shall be used by the department forenforcement and administration of provisionsand rules described in subsection (2) of thissection.

(6) Civil penalties under this sectionshall be imposed as provided in ORS 183.745.

(7) A civil penalty imposed under thissection may be remitted or reduced uponsuch terms and conditions as the departmentor the appropriate advisory board considersproper and consistent with the public healthand safety. In any judicial review of a civil



penalty imposed under this section, the courtmay, in its discretion, reduce the penalty.

(8) Any officer, director, shareholder oragent of a corporation, or member or agentof a partnership or association, who per-sonally participates in or is an accessory toany violation by the partnership, associationor corporation of a provision or rule de-scribed in subsection (2) of this section issubject to the penalties prescribed in thissection.

(9) In addition to the civil penalty setforth in subsection (1) or (2) of this section,any person who violates a provision or ruledescribed in subsection (2) of this sectionmay be required by the department or theappropriate advisory board to forfeit and payto the General Fund of the State Treasury acivil penalty in an amount determined by thedepartment or advisory board that does notexceed five times the amount by which suchperson profited in any transaction that vio-

lates a provision or rule described in subsec-tion (2) of this section.

(10) If a civil penalty is imposed for a vi-olation of a provision of ORS 446.566 to446.646 and the violation relates to a filingor failure to file with a county assessorfunctioning as agent of the department, thedepartment, after deducting an amount equalto the department’s procedural, collectionand other related costs and expenses, shallforward one-half of the remaining civil pen-alty amount to the county in which themanufactured structure is located at the timeof the violation. [1991 c.792 §4; 1991 c.734 §111; 1999c.1045 §19; 2001 c.411 §21; 2003 c.14 §286; 2003 c.655 §76;2007 c.549 §6; 2007 c.898 §1; 2013 c.324 §11]

455.897 Criminal penalties. Violation ofORS 455.455 or 455.459 is a Class A misde-meanor. [1999 c.1045 §9]

455.990 [Formerly 456.885 (2); repealed by 1995 c.553§16; 1995 c.675 §6]


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