OAR 918-020-0370
Local Amendment Requests

(1)

A local municipality may request under ORS 455.040 (State building code preempts local ordinances and rules) a local amendment relating to matters covered under the building code, by submitting to the division, in writing, a local amendment application. The application must include:

(a)

The reason for the request;

(b)

The name of, and contact information for, the building official responsible for submitting the request and enforcing and interpreting the local amendment if approved;

(c)

A copy of the municipality’s proposed local ordinance or administrative rule; and

(d)

A copy of the report required by section (2)(b) of this rule.

(2)

Prior to submitting a request for a local amendment under ORS 455.040 (State building code preempts local ordinances and rules), a municipality must:

(a)

Provide for a public hearing or public meeting in the manner required by applicable municipal or state law; and

(b)

Submit a report to the division. The report must:

(A)

Summarize comments received;
(B) Outline the impacts of the local amendment;

(C)

Explain how the municipality responded to the substantive concerns and issues raised during the public input period;

(D)

Identify the financial or regulatory incentives provided by the municipality to businesses or contractors impacted by the local amendment request;

(E)

Estimate the fiscal impact of the local amendment.
(i)
If the proposed amendment impacts residential construction, identify the additional construction cost per square foot to develop a 6,000 square foot parcel and to construct a 1,200 square foot detached single family dwelling on that parcel; or
(ii)
If the proposed amendment impacts commercial construction, identify the additional construction cost per square foot to develop a 20,000 square foot parcel and to construct a 10,000 square foot B or M occupancy type. If the proposed amendment does not impact B or M occupancy structures, then the local jurisdiction shall identify the structure type and provide similar construction cost information for the impacted type of structure to the extent it applies to the above parameters.

(F)

Describe the stakeholder outreach, summarize groups communicated with and the result of that communication; and

(G)

Identify any other communities the municipality discussed the proposed amendment with and whether a regional solution was considered.

(3)

Local amendments shall not contain a severance clause. The content of the local amendment as interpreted and approved by the division represents the terms and conditions of the approval. Where one or more provisions are deemed invalid, the entire local amendment is invalidated.

(4)

Once the local amendment request is received, the division will review the request and the municipality’s proposed amendment, and either approve the proposed local amendment in whole or in part, or deny the request. The division may approve the local amendment with conditions.

(5)

Once the local amendment’s provisions are approved by the division they cannot be changed. If a municipality wishes to change the provisions, they must submit a new amendment request for the division’s approval.

(6)

The building official for the municipality, identified in subsection (1)(b) of this rule, requesting the local amendment will be responsible for enforcing and interpreting the amendment once it is approved.

(7)

The division may, upon written request, issue a directive to the building official to ensure that the local amendment is being administered according to the terms and conditions of the approval.

(8)

A local amendment may be reviewed occasionally by the division to determine if it continues to be viable.

(9)

The division reserves the right to terminate approval of the local amendment based on new information, including but not limited to, changes in technology, conflicts with model codes, changes in accepted practices under the applicable model codes, and failure of the building official to uphold the terms, conditions, or any directives related to the local amendment.

Source: Rule 918-020-0370 — Local Amendment Requests, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=918-020-0370.

918–020–0010
Relationship of Delegation Rules to Statute 918–020–0015
Definitions 918–020–0020
Cooperation with Other Agencies 918–020–0070
Purpose and Scope 918–020–0080
Delegation of Building Inspection Programs 918–020–0090
Program Standards 918–020–0091
Citation Process for Licensing Violations 918–020–0094
Program Assumption for State-Administered Jurisdictions 918–020–0095
Program Assumption Procedures 918–020–0105
Renewal of Existing Programs 918–020–0180
Reporting Periods 918–020–0190
Program Review 918–020–0200
Review Procedures 918–020–0210
Nonconformance Notice and Program Revocation 918–020–0220
Fee Adoption Standards 918–020–0370
Local Amendment Requests 918–020–0380
Electric Vehicle Ready Parking 918–020–0390
Alternative Approval Process for Single-Family Dwelling Conversions 918–020–0400
Statewide Master Builder Program — Application, Scope and Purpose 918–020–0410
Statewide Master Builder Program — Definitions 918–020–0420
Statewide Master Builder Program — Training and Experience Required of an Individual 918–020–0430
Voluntary Establishment of a Master Builder Program 918–020–0440
Statewide Master Builder Program — Inspection Requirements that May Be Waived 918–020–0450
Statewide Master Builder Program — Criteria to Waive Inspections or Plan Review 918–020–0460
Statewide Master Builder Program — Verification Requirements 918–020–0470
Statewide Master Builder Program — Assumption of Responsibility 918–020–0480
Statewide Master Builder Program — Revocation of Waiver 918–020–0490
Statewide Master Builder Program — Effective Dates
Last Updated

Jun. 8, 2021

Rule 918-020-0370’s source at or​.us