OAR 918-450-0005
Seasonal Farm-Worker Housing

(1)

Purpose and Scope of This Rule:

(a)

Is authorized by ORS 455.380 (Department as final authority on agriculture workforce housing);

(b)

Creates a uniform application and method for computing construction permit fees; and adopts seasonal farm worker housing standards; and

(c)

Applies even though the applicant for a permit does not otherwise meet the requirements of ORS Chapter 455 (Building Code) and rules under that chapter.

(2)

Issuance of Permits: Regardless of the provisions of ORS 455.150 (Selective municipal building inspection programs):

(a)

The application for construction permits throughout the state for the rehabilitation of existing seasonal farm-worker housing, shall be filed on a uniform application form provided by the division or on a reasonable facsimile of the form;

(b)

The fee for the structural portion of the building permit for rehabilitation of seasonal farm-worker housing shall be computed by taking the value of work that will be added to the existing structure, dividing it in one-half, rounding the resulting amount to the nearest dollar and applying that amount to the valuation table for determining the structural portion of the permit fee. All other methods of computing permit fees shall be uniform throughout the state and shall follow the methods established by the division for the applicable specialty code.

(3)

Seasonal Farm Worker Housing Standards:

(a)

Adoption: The minimum health and safety standard for the rehabilitation of existing seasonal farm worker housing outside of city limits is the Oregon Occupational Safety and Health Code, OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities) (Agricultural Labor Housing and Related Facilities) effective October 1, 1998, which is adopted by reference;

(b)

Interpretation: The subsections of the Occupational Safety and Health Code, OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities) listed below, are only applicable to the enforcement of health and safety construction standards as follows:

(A)

OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities)(9)(b) does not waive the requirements of the Oregon Plumbing Specialty Code;

(B)

OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities)(11)(a)(D) does not waive the requirements of the Oregon Mechanical Specialty Code;

(C)

The reference to the Uniform Building Code in OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities)(12)(e) and (f) is changed to Oregon Structural Specialty Code, Chapter 1, Section 1003.

(c)

Any new construction must be built in compliance with the State Building Codes, unless otherwise exempted; and

(d)

The following subsections of the Occupational Safety and Health Code, OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities), are not adopted for enforcement of health and safety construction standards for the rehabilitation of existing seasonal farm worker housing:

(A)

OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities)(5);

(B)

OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities)(6)(b), (c), (g), (h), (j), (k) and (l);

(C)

OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities)(7)(a), (b), (d), (e), (h), (i) and (k);

(D)

OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities)(8)(e); the last sentence of (f); (g), (h), (k); the first sentence of (l); (m), (q), (t) and (w);

(E)

OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities)(10)(a), (b), (c), (d), (e) and (f);

(F)

OAR 437-004-1120 (Agricultural Labor Housing and Related Facilities)(11)(a), (e), (f), (g), (h), (i), (j), (m) and (o);