Building Code

ORS 455.040
State building code preempts local ordinances and rules

  • exemptions
  • criteria

(1)

The state building code shall be applicable and uniform throughout this state and in all municipalities, and no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed by the state building code but which provides different requirements unless authorized by the Director of the Department of Consumer and Business Services. The director’s authorization shall not be considered an amendment to the state building code under ORS 455.030 (Rulemaking). The director shall encourage experimentation, innovation and cost effectiveness by municipalities in the adoption of ordinances, rules or regulations which conflict with the state building code.

(2)

Subsection (1) of this section is operative:

(a)

With regard to the state structural code, July 1, 1974.

(b)

With regard to the state mechanical, heating and ventilating code, on the effective date of such code as determined under ORS 183.355 (Filing and taking effect of rules).

(c)

With regard to each specialty code not named by paragraphs (a) and (b) of this subsection, on the effective date, as determined under ORS 183.355 (Filing and taking effect of rules), of the first amendments to such code adopted pursuant to this chapter. [Formerly 456.775]

(formerly 456.775)

Atty. Gen. Opinions

Interpretation of term "maximum energy conservation" in this section, (1979) Vol 39, p 688; local government permits and inspections for items designated exempt by Structural Specialty Code sec 301 (a), (1980) Vol 41, p 47

§§ 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

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