Building Code

ORS 455.010
Definitions for ORS chapter 455


As used in this chapter, unless the context requires otherwise:

(1)

(a) “Advisory board” means the board with responsibility for assisting in the adoption, amendment or administration of a specialty code, specifically:

(A)

The Building Codes Structures Board established under ORS 455.132 (Building Codes Structures Board);

(B)

The Electrical and Elevator Board established under ORS 455.138 (Electrical and Elevator Board);

(C)

The State Plumbing Board established under ORS 693.115 (State Plumbing Board);

(D)

The Board of Boiler Rules established under ORS 480.535 (Board of Boiler Rules);

(E)

The Residential and Manufactured Structures Board established under ORS 455.135 (Residential and Manufactured Structures Board);

(F)

The Mechanical Board established under ORS 455.140 (Mechanical Board); or

(G)

The Construction Industry Energy Board established under ORS 455.492 (Construction Industry Energy Board).

(b)

“Appropriate advisory board” means the advisory board that has jurisdiction over a particular code, standard, license, certification or matter.

(2)

“Department” means the Department of Consumer and Business Services.

(3)

“Director” means the Director of the Department of Consumer and Business Services.

(4)

“Low-Rise Residential Dwelling Code” means the adopted specialty code that, subject to section 2, chapter 401, Oregon Laws 2019, prescribes standards for the construction of residential dwellings that are three stories or less above grade and have an exterior door for each dwelling unit, but are not facilities or homes described in ORS 443.400 (Definitions for ORS 443.400 to 443.455) or transient lodging.

(5)

“Municipality” means a city, county or other unit of local government otherwise authorized by law to administer a building code.

(6)

“Prefabricated structure”:

(a)

Means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site.

(b)

Does not mean a manufactured dwelling or a small home as defined in section 2, chapter 401, Oregon Laws 2019.

(7)

“Small Home Specialty Code” means the specialty code adopted under section 2, chapter 401, Oregon Laws 2019.

(8)

“Specialty code”:

(a)

Means a code of regulations adopted under ORS 446.062 (Rules regulating parks), 446.185 (Minimum safety standards for equipment, material and installations), 447.020 (Plumbing to conform to state building code) (2), 455.020 (Purpose) (2), 455.496 (Standards relating to energy use and energy efficiency aspects of specialty codes), 455.610 (Low-Rise Residential Dwelling Code), 455.680 (Plan approval and permits for recreation or picnic park or camp), 460.085 (Rules), 460.360 (Rules), 479.730 (Adoption of rules by Director of Department of Consumer and Business Services) (1) or 480.545 (Rules) or section 2, chapter 401, Oregon Laws 2019.

(b)

Does not mean regulations adopted by the State Fire Marshal pursuant to ORS chapter 476 or ORS 479.015 (Smoking in public elevator prohibited) to 479.200 (Fire protection water supply for public buildings) and 479.210 (“Institution” defined for ORS 479.215 to 479.220) to 479.220 (Institution inspection by State Fire Marshal).

(9)

“State building code” means the combined specialty codes.

(10)

“Structural code” means the specialty code prescribing structural standards for building construction.

(11)

“Unsafe condition” means a condition caused by earthquake which is determined by the department or any representative of the department to be dangerous to life and property. “Unsafe condition” includes but is not limited to:

(a)

Any portion, member or appurtenance of a building that has become detached or dislodged or appears likely to fail or collapse and thereby injure persons or damage property; or

(b)

Any portion, of a building or structure that has been damaged by earthquake, or by fire or explosion resulting from an earthquake, to the extent that the structural strength or stability of the building is substantially less than it was prior to the earthquake. [Formerly 456.750; 1991 c.227 §1; 1991 c.310 §1; 1993 c.18 §112; 1993 c.744 §85; 1997 c.259 §3; 1999 c.484 §1; 1999 c.1045 §12; 2003 c.655 §75; 2003 c.675 §§10,11; 2009 c.567 §§4,13; 2019 c.401 §3; 2019 c.422 §16]
Note: The amendments to 455.010 (Definitions for ORS chapter 455) by section 10, chapter 401, Oregon Laws 2019, become operative January 2, 2026. See section 18, chapter 401, Oregon Laws 2019, as amended by section 1c, chapter 422, Oregon Laws 2019. The text that is operative on and after January 2, 2026, is set forth for the user’s convenience.
455.010 (Definitions for ORS chapter 455). As used in this chapter, unless the context requires otherwise:

(1)

(a) “Advisory board” means the board with responsibility for assisting in the adoption, amendment or administration of a specialty code, specifically:

(A)

The Building Codes Structures Board established under ORS 455.132 (Building Codes Structures Board);

(B)

The Electrical and Elevator Board established under ORS 455.138 (Electrical and Elevator Board);

(C)

The State Plumbing Board established under ORS 693.115 (State Plumbing Board);

(D)

The Board of Boiler Rules established under ORS 480.535 (Board of Boiler Rules);

(E)

The Residential and Manufactured Structures Board established under ORS 455.135 (Residential and Manufactured Structures Board);

(F)

The Mechanical Board established under ORS 455.140 (Mechanical Board); or

(G)

The Construction Industry Energy Board established under ORS 455.492 (Construction Industry Energy Board).

(b)

“Appropriate advisory board” means the advisory board that has jurisdiction over a particular code, standard, license, certification or matter.

(2)

“Department” means the Department of Consumer and Business Services.

(3)

“Director” means the Director of the Department of Consumer and Business Services.

(4)

“Low-Rise Residential Dwelling Code” means the adopted specialty code prescribing standards for the construction of residential dwellings that are three stories or less above grade and have an exterior door for each dwelling unit, but are not facilities or homes described in ORS 443.400 (Definitions for ORS 443.400 to 443.455) or transient lodging.

(5)

“Municipality” means a city, county or other unit of local government otherwise authorized by law to administer a building code.

(6)

“Prefabricated structure”:

(a)

Means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site.

(b)

Does not mean a manufactured dwelling.

(7)

“Specialty code”:

(a)

Means a code of regulations adopted under ORS 446.062 (Rules regulating parks), 446.185 (Minimum safety standards for equipment, material and installations), 447.020 (Plumbing to conform to state building code) (2), 455.020 (Purpose) (2), 455.496 (Standards relating to energy use and energy efficiency aspects of specialty codes), 455.610 (Low-Rise Residential Dwelling Code), 455.680 (Plan approval and permits for recreation or picnic park or camp), 460.085 (Rules), 460.360 (Rules), 479.730 (Adoption of rules by Director of Department of Consumer and Business Services) (1) or 480.545 (Rules).

(b)

Does not mean regulations adopted by the State Fire Marshal pursuant to ORS chapter 476 or ORS 479.015 (Smoking in public elevator prohibited) to 479.200 (Fire protection water supply for public buildings) and 479.210 (“Institution” defined for ORS 479.215 to 479.220) to 479.220 (Institution inspection by State Fire Marshal).

(8)

“State building code” means the combined specialty codes.

(9)

“Structural code” means the specialty code prescribing structural standards for building construction.

(10)

“Unsafe condition” means a condition caused by earthquake which is determined by the department or any representative of the department to be dangerous to life and property. “Unsafe condition” includes but is not limited to:

(a)

Any portion, member or appurtenance of a building that has become detached or dislodged or appears likely to fail or collapse and thereby injure persons or damage property; or

(b)

Any portion, of a building or structure that has been damaged by earthquake, or by fire or explosion resulting from an earthquake, to the extent that the structural strength or stability of the building is substantially less than it was prior to the earthquake.

(formerly 456.750)

Atty. Gen. Opinions

Code application to public water reservoirs, water and sewage plants and similar facilities, (1976) Vol 38, p 115; application of state building code to hydroelectric plants built on public waterways or facilities certified by Energy Facility Siting Council, (1980) Vol 41, p 305

§§ 455.010 to 455.230

(formerly 456.750 to 456.890)

Notes of Decisions

Although state structural specialty code sets standard requiring only single wall construction, home rule city was entitled to enact ordinance requiring new homes to use double wall construction. State ex rel Haley v. Troutdale, 281 Or 203, 576 P2d 1238 (1978)

Atty. Gen. Opinions

Authority of State Fire Marshal to adopt regulations, (1974) Vol 36, p 1102


Source

Last accessed
Jun. 26, 2021