Building Code

ORS 455.775
Enforcement authority of director

  • investigations
  • corrective actions
  • prevention or termination of violation

In addition to any other authority and power granted under this chapter and ORS chapters 446, 447, 460, 479, 480 and 693:

(1)

The Director of the Department of Consumer and Business Services may, at the discretion of the director, enforce the provisions of the state building code and ORS 446.003 (Definitions for ORS 446) to 446.200 (Exemption from additional regulations), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs), 446.395 (License required) to 446.420 (License required to maintain action), 479.510 (Short title) to 479.945 (Restricted energy contractor’s license), 479.950 (Minimum safety standards), 479.995 (Civil penalty for violation of ORS 479) and 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations) and this chapter and ORS chapters 447, 460 and 693 against any person regardless of whether a permit, certificate, license or other indicia of authority has been issued. The director may:

(a)

Make an investigation;

(b)

Take sworn testimony;

(c)

With the authorization of the Office of the Attorney General, subpoena persons and records;

(d)

Order corrective action; and

(e)

If an immediate hazard to health and safety is imminent, issue an order to stop all or any part of the work under the applicable specialty code.

(2)

If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of the state building code, or ORS 446.003 (Definitions for ORS 446) to 446.200 (Exemption from additional regulations), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs), 446.395 (License required) to 446.420 (License required to maintain action), 479.510 (Short title) to 479.945 (Restricted energy contractor’s license), 479.950 (Minimum safety standards) or 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations) or this chapter or ORS chapter 447, 460 or 693 or any rule adopted under those statutes, the director may issue an order, subject to ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.497 (Awarding costs and attorney fees when finding for petitioner), directed to the person to cease and desist from the violation or threatened violation.

(3)

If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of the state building code or ORS 446.003 (Definitions for ORS 446) to 446.200 (Exemption from additional regulations), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs), 446.395 (License required) to 446.420 (License required to maintain action), 479.510 (Short title) to 479.945 (Restricted energy contractor’s license), 479.950 (Minimum safety standards) or 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations) or this chapter or ORS chapters 447, 460 and 693 or any rule adopted under those statutes, the director may, without bond, bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with the state building code and ORS 446.003 (Definitions for ORS 446) to 446.200 (Exemption from additional regulations), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs), 446.395 (License required) to 446.420 (License required to maintain action), 479.510 (Short title) to 479.945 (Restricted energy contractor’s license), 479.950 (Minimum safety standards) and 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations) and this chapter and ORS chapters 447, 460 and 693 and any rule adopted under those statutes. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.

(4)

This section does not grant any authority over a municipality or an inspector employed by a municipality. [1991 c.792 §§3,5; 1999 c.597 §1; 2001 c.411 §20; 2003 c.14 §285; 2013 c.324 §10]
Source

Last accessed
May 30, 2023

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