Building Code

ORS 455.610
Low-Rise Residential Dwelling Code

  • Small Home Specialty Code
  • alternate methods of construction
  • alternate approval for conversion
  • appeal
  • rules


(1)

The Director of the Department of Consumer and Business Services shall adopt, and amend as necessary, a Low-Rise Residential Dwelling Code that, except as provided in section 2, chapter 401, Oregon Laws 2019, contains all requirements, including structural design provisions, related to the construction of residential dwellings three stories or less above grade. The code provisions for plumbing and electrical requirements must be compatible with other specialty codes adopted by the director. The Electrical and Elevator Board, the Mechanical Board and the State Plumbing Board shall review, respectively, amendments to the electrical, mechanical or plumbing provisions of the code.

(2)

Changes or amendments to the code adopted under subsection (1) of this section may be made when:

(a)

Required by geographic or climatic conditions unique to Oregon;

(b)

Necessary to be compatible with other statutory provisions;

(c)

Changes to the national codes are adopted in Oregon; or

(d)

Necessary to authorize the use of building materials and techniques that are consistent with nationally recognized standards and building practices.

(3)

Notwithstanding ORS 455.030 (Rulemaking), 455.035 (Effective date of rules), 455.110 (Other duties of director) and 455.112 (Elimination of unclear, duplicative, conflicting or inadequate provisions), the director may, at any time following appropriate consultation with the Mechanical Board or Building Codes Structures Board, amend the mechanical specialty code or structural specialty code to ensure compatibility with the Low-Rise Residential Dwelling Code.

(4)

The water conservation provisions for toilets, urinals, shower heads and interior faucets adopted in the Low-Rise Residential Dwelling Code shall be the same as those adopted under ORS 447.020 (Plumbing to conform to state building code) to meet the requirements of ORS 447.145 (Standards for fixtures).

(5)

The Low-Rise Residential Dwelling Code shall be adopted and amended as provided by ORS 455.030 (Rulemaking) and 455.110 (Other duties of director).

(6)

The director, by rule, shall establish uniform standards for a municipality to allow an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code or Small Home Specialty Code in areas where the local jurisdiction determines that the fire apparatus means of approach to a property or water supply serving a property does not meet applicable fire code or state building code requirements. The alternate method of construction, which may include but is not limited to the installation of automatic fire sprinkler systems, must be approved in conjunction with the approval of an application under ORS 197.522 (Local government to approve subdivision, partition or construction).

(7)

For lots of record existing before July 2, 2001, or property that receives any approval for partition, subdivision or construction under ORS 197.522 (Local government to approve subdivision, partition or construction) before July 2, 2001, a municipality allowing an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code or Small Home Specialty Code may apply the uniform standards established by the director pursuant to subsection (6) of this section. For property that receives all approvals for partition, subdivision or construction under ORS 197.522 (Local government to approve subdivision, partition or construction) on or after July 2, 2001, a municipality allowing an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code or Small Home Specialty Code must apply the uniform standards established by the director pursuant to subsection (6) of this section.

(8)

The director, by rule, shall establish uniform standards for a municipality to allow alternate approval of construction related to conversions of single-family dwellings into no more than four residential dwelling units built to the Low-Rise Residential Dwelling Code that received occupancy approval prior to January 1, 2020. The standards established under this subsection must include standards describing the information that must be submitted before an application for alternate approval will be deemed complete.

(9)

(a) A building official described in ORS 455.148 (Comprehensive municipal building inspection programs) or 455.150 (Selective municipal building inspection programs) must approve or deny an application for alternate approval under subsection (8) of this section no later than 15 business days after receiving a complete application.

(b)

A building official who denies an application for alternate approval under this subsection shall provide to the applicant:

(A)

A written explanation of the basis for the denial; and

(B)

A statement that describes the applicant’s appeal rights under subsection (10) of this section.

(10)

(a) An appeal from a denial under subsection (9) of this section must be made through a municipal administrative process. A municipality shall provide an administrative process that:

(A)

Is other than a judicial proceeding in a court of law; and

(B)

Affords the party an opportunity to appeal the denial before an individual, department or body that is other than a plan reviewer, inspector or building official for the municipality.

(b)

A decision in an administrative process under this subsection must be completed no later than 30 business days after the building official receives notice of the appeal.

(c)

Notwithstanding ORS 455.690 (Appeal to advisory boards), a municipal administrative process required under this subsection is the exclusive means for appealing a denial under subsection (9) of this section.

(11)

The costs incurred by a municipality under subsections (9) and (10) of this section are building inspection program administration and enforcement costs for the purpose of fee adoption under ORS 455.210 (Fees). [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; 2019 c.401 §6; 2019 c.639 §9]
Note: The amendments to 455.610 (Low-Rise Residential Dwelling Code) by section 13, 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.
455.610 (Low-Rise Residential Dwelling Code). (1) The Director of the Department of Consumer and Business Services shall adopt, and amend as necessary, a Low-Rise Residential Dwelling Code that contains all requirements, including structural design provisions, related to the construction of residential dwellings three stories or less above grade. The code provisions for plumbing and electrical requirements must be compatible with other specialty codes adopted by the director. The Electrical and Elevator Board, the Mechanical Board and the State Plumbing Board shall review, respectively, amendments to the electrical, mechanical or plumbing provisions of the code.

(2)

Changes or amendments to the code adopted under subsection (1) of this section may be made when:

(a)

Required by geographic or climatic conditions unique to Oregon;

(b)

Necessary to be compatible with other statutory provisions;

(c)

Changes to the national codes are adopted in Oregon; or

(d)

Necessary to authorize the use of building materials and techniques that are consistent with nationally recognized standards and building practices.

(3)

Notwithstanding ORS 455.030 (Rulemaking), 455.035 (Effective date of rules), 455.110 (Other duties of director) and 455.112 (Elimination of unclear, duplicative, conflicting or inadequate provisions), the director may, at any time following appropriate consultation with the Mechanical Board or Building Codes Structures Board, amend the mechanical specialty code or structural specialty code to ensure compatibility with the Low-Rise Residential Dwelling Code.

(4)

The water conservation provisions for toilets, urinals, shower heads and interior faucets adopted in the Low-Rise Residential Dwelling Code shall be the same as those adopted under ORS 447.020 (Plumbing to conform to state building code) to meet the requirements of ORS 447.145 (Standards for fixtures).

(5)

The Low-Rise Residential Dwelling Code shall be adopted and amended as provided by ORS 455.030 (Rulemaking) and 455.110 (Other duties of director).

(6)

The director, by rule, shall establish uniform standards for a municipality to allow an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code in areas where the local jurisdiction determines that the fire apparatus means of approach to a property or water supply serving a property does not meet applicable fire code or state building code requirements. The alternate method of construction, which may include but is not limited to the installation of automatic fire sprinkler systems, must be approved in conjunction with the approval of an application under ORS 197.522 (Local government to approve subdivision, partition or construction).

(7)

For lots of record existing before July 2, 2001, or property that receives any approval for partition, subdivision or construction under ORS 197.522 (Local government to approve subdivision, partition or construction) before July 2, 2001, a municipality allowing an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code may apply the uniform standards established by the director pursuant to subsection (6) of this section. For property that receives all approvals for partition, subdivision or construction under ORS 197.522 (Local government to approve subdivision, partition or construction) on or after July 2, 2001, a municipality allowing an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code must apply the uniform standards established by the director pursuant to subsection (6) of this section.

(8)

The director, by rule, shall establish uniform standards for a municipality to allow alternate approval of construction related to conversions of single-family dwellings into no more than four residential dwelling units built to the Low-Rise Residential Dwelling Code that received occupancy approval prior to January 1, 2020. The standards established under this subsection must include standards describing the information that must be submitted before an application for alternate approval will be deemed complete.

(9)

(a) A building official described in ORS 455.148 (Comprehensive municipal building inspection programs) or 455.150 (Selective municipal building inspection programs) must approve or deny an application for alternate approval under subsection (8) of this section no later than 15 business days after receiving a complete application.

(b)

A building official who denies an application for alternate approval under this subsection shall provide to the applicant:

(A)

A written explanation of the basis for the denial; and

(B)

A statement that describes the applicant’s appeal rights under subsection (10) of this section.

(10)

(a) An appeal from a denial under subsection (9) of this section must be made through a municipal administrative process. A municipality shall provide an administrative process that:

(A)

Is other than a judicial proceeding in a court of law; and

(B)

Affords the party an opportunity to appeal the denial before an individual, department or body that is other than a plan reviewer, inspector or building official for the municipality.

(b)

A decision in an administrative process under this subsection must be completed no later than 30 business days after the building official receives notice of the appeal.

(c)

Notwithstanding ORS 455.690 (Appeal to advisory boards), a municipal administrative process required under this subsection is the exclusive means for appealing a denial under subsection (9) of this section.

(11)

The costs incurred by a municipality under subsections (9) and (10) of this section are building inspection program administration and enforcement costs for the purpose of fee adoption under ORS 455.210 (Fees).

Source

Last accessed
Jun. 26, 2021