ADOPTS WITH AMENDMENTS:

International Building Code 2012 (IBC 2012)

Heads up: There are no amended sections in this chapter.

Part 1 — Scope and Application

[A] 101.1 Title

AMENDMENT
This section has been amended at the state or city level.
These regulations shall be known as the Oregon Structural Specialty Code, and may be cited as such and will be referred to herein as "this code."

[A] 101.2 Scope

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[A] 101.2.1 Appendices

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101.2.1 General

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This section has been amended at the state or city level.
The scope of this code is as provided in ORS 455.020(1).

ORS 455.020 is not a part of this code but is reproduced here for the reader's convenience:

455.020 Purpose; scope of application; exceptions; scope of rules; fees by rule.
  1. This chapter is enacted to enable the Director of the Department of Consumer and Business Services to promulgate a state building code to govern the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein, and to require the correction of unsafe conditions caused by earthquakes in existing buildings. The state building code shall establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort and security of the residents of this state who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304 §1; 1995 c.400 §5; 1999 c.1045 §13; 1999 c.1082 §11; 2001 c.710 §8]

The Oregon Structural Specialty Code as adopted by the State of Oregon, Building Codes Division, includes portions of the International Building Code and the International Fire Code pertaining to any construction, reconstruction, alteration, repair and installation of materials and equipment in or part of buildings and structures covered under the State Building Code.

This code shall not apply to the construction, alteration, moving, demolition, repair, maintenance and work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures.

Municipalities, as defined in ORS 455.010(5), may establish administrative procedures in accordance with ORS 455.020(4), and may amend specific sections of Chapter 1, as identified throughout the chapter.

Municipalities are permitted to enact local ordinances or other laws to address the demolition of structures or other related topics not addressed by this code.
Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Residential Code.

101.2.2 Appendices

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This section has been amended at the state or city level.
Provisions in the appendices shall not apply unless specifically adopted as noted below.

101.2.2.1 Appendix Chapters Adopted

AMENDMENT
This section has been amended at the state or city level.
The following appendix chapters are adopted as part of the Oregon Structural Specialty Code.
  1. Appendix C (Agricultural Buildings),
  2. Appendix I (Patio Covers).

101.2.2.2 Appendix Chapters Available for Municipal Adoption

AMENDMENT
This section has been amended at the state or city level.
Municipalities may adopt the following appendix chapters by local ordinance. Such adoptions shall comply with the requirements specified in the adopted appendix unless otherwise approved under the provisions of ORS 455.040.
  1. A — Employee qualifications;
  2. B — Board of appeals;
  3. D — Fire districts;
  4. F — Rodentproofing;
  5. G — Flood-resistant Construction;
  6. H — Signs; and
  7. J - Grading.

101.2.2.3 Appendix Chapters Not Available for Municipal Adoption

AMENDMENT
This section has been amended at the state or city level.
The following appendix chapters are not adopted by the State of Oregon and municipalities may not adopt the same as the subject matter is encompassed by this code.
  1. E — Supplementary accessibility requirements;
  2. K — Administrative provisions;
  3. L — Earthquake recording instrumentation.
  4. M — Tsunami-generated flood hazard

[A] 101.3 Intent Purpose

AMENDMENT
This section has been amended at the state or city level.
The purpose of this code is as provided in ORS 455.020(1), as noted in Section 101.2, and to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

     The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

[A] 101.4 Referenced Codes

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This section has been amended at the state or city level.

101.4 Statutory References

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This section has been amended at the state or city level.
This code is adopted pursuant to Oregon Revised Statutes (ORS). Where this code and the statutes specify different requirements, the statute shall govern. Statutes related to this code include, but are not limited to, ORS 455.010 through 455.895 and ORS 447.210 through 447.310.
Statutes referenced may be obtained from the Building Codes Division, 1535 Edgewater St. NW, Salem, OR 97304 or P.O. Box 14470, Salem, OR 97309 at a nominal cost or read online at http://www.bcd.oregon.gov/statutes.html.
ORS 455.485 is not part of this code but is reproduced here for the reader's convenience:

455.485 Special consideration for rural or remote areas; determination of compliance with fire, life safety and other building code standards.
  1. When adopting the state building code, the Director of the Department of Consumer and Business Services shall give special consideration to the unique needs of construction in rural or remote parts of this state.
  2. Notwithstanding any description of State Fire Marshal duties in ORS 476.030, 476.033, 476.035, 476.150 or 476.155, the Director of the Department of Consumer and Business Services or a local building official administering a building inspection program under ORS 455.148 or 455.150 may determine whether the structure as set forth in the plans and specifications or as constructed meets the standards of the state building code, including but not limited to fire and life safety standards. The State Fire Marshal, or a local fire official for a governmental subdivision exempted from State Fire Marshal regulations as described under ORS 476.030, may provide advice to building officials, inspectors or Department of Consumer and Business Services employees concerning state building code standards. A local building official or department employee shall give consideration to advice of the State Fire Marshal or local fire official that does not conflict with the state building code, but shall retain the authority to make final decisions regarding the code. [2013 c.487 §2 and 2013 c.528 §3]

[A] 101.4.1 Gas

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This section has been amended at the state or city level.

[A] 101.4.2 Mechanical

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This section has been amended at the state or city level.

[A] 101.4.3 Plumbing

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[A] 101.4.4 Property Maintenance

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[A] 101.4.5 Fire Prevention

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[A] 101.4.6 Energy

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Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2.

[A] 102.4.1 Conflicts

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This section has been amended at the state or city level.

102.4.1 ASCE Standard 24-05 Flood Resistant Design and Construction

AMENDMENT
This section has been amended at the state or city level.
The following ASCE Standard 24-05 tables are not adopted by the State of Oregon as the subject matter encompasses Free Board, Base Flood Elevation and Design Flood Elevation. The authority to establish the same is reserved for local government:
  1. Table 2-1. "Elevation of Lowest Floor"
  2. Table 4-1. "Elevation of Bottom of Lowest Horizontal Structural Member"
  3. Table 5-1. "Elevation Below Which Flood-Damage- Resistant Materials Shall be Used"
  4. Table 6-1. "Elevation for Flood proofing"
  5. Table 7-1. "Minimum Elevation of Utilities and Equipment"
Informational Note:

Each local community participating in the National Flood Insurance Program (NFIP) designates a local Flood Plain Administrator who is responsible to make sure communities meet their insurance program obligations. Certain matters comprised within the NFIP program may conflict with or overlap with the State Building Code. Certain decisions such as sill plate height and other NFIP criteria fall under the authority and responsibility of the Flood Plain Administrator. Once decisions under the NFIP program are made, then the appropriate requirements of this code for the construction of the building are applied.

Local communities may choose to designate their local building official as the Flood Plain Administrator or may designate other staff. When a building official functioning in the capacity of Flood Plain Administrator exercises authority under the NFIP, such decisions are not part of this code nor subject to the building official duties and responsibilities as adopted by the Oregon Building Codes Division.

Per ORS 455.210(3)(c), local communities are prohibited from using building permit monies for any matter other than administration and enforcement of the State Building Code. Administration and implementation of a local NFIP program are not part of the State Building Code.

OAR 918-008-0000 is not part of this code but is provided here for the readers' convenience:

918-008-0000 Purpose and Scope
  1. The Department of Consumer and Business Services, Building Codes Division, adopts model building codes, standards and other publications by reference, as necessary, through administrative rule to create the state building code. When a matter is included in a specialty code or referenced publication that is in conflict with Oregon Revised Statutes or Oregon Administrative Rules, the statute or rule applies and the code or standard provision does not. All remaining parts or application of the code or standard remain in effect.
  2. Unless required by law, matters generally not authorized for inclusion in a specialty code or referenced standard include, but are not limited to: licensing or certification requirements, or other qualifications and standards for businesses or workers; structures or equipment maintenance requirements; matters covered by federal or state law; and matters that conflict with other specialty codes or publications adopted by the department.
  3. OAR 918-008-0000 to OAR 918-008-0070 provides the process for adopting and amending the state building code that is consistent across all program areas.
  4. The state building code is derived from the most appropriate version of base model codes, which are updated periodically.
  5. The Oregon specialty code amendment process begins approximately midway into a code cycle.
  6. An appropriate advisory board approves or forwards the adoption of the Oregon specialty code and amendments to the Department for adoption.
  7. Notwithstanding sections (3) through (6) of this rule, the division may adopt supplemental code amendments as authorized by OAR 918-008-0028.
[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 447.020, 455.030 & 479.730 Stats. Implemented: ORS 447.020, 455.030 & 479.730 Hist.: BCD 26-1994, f. & cert. ef. 11-15-94; BCD 6-1997, f. & cert. ef. 4-1-97; BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8- 27-06; BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06; BCD 1-2014, f. 1-22-14, cert. ef. 4-1-14

[A] 102.4.2 Provisions in Referenced Codes and Standards

AMENDMENT
This section has been amended at the state or city level.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code shall take precedence over the provisions in the referenced code or standard.
In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

[A] 102.6 Existing Structures

AMENDMENT
This section has been amended at the state or city level.
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

Part 2 — Administration and Enforcement

Section 103 Department of Building Safety

AMENDMENT
This section has been amended at the state or city level.
Note: Unless amended by a municipality under authority of ORS 455.040, Sections 103.1 through 103.3 apply.
The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official.
The building official shall be appointed by the chief appointing authority of the jurisdiction.

[A] 103.3 Deputies

AMENDMENT
This section has been amended at the state or city level.
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official.

Section 104 Duties and Powers of Building Official

AMENDMENT
This section has been amended at the state or city level.
Note: Unless amended by a municipality under authority of ORS 455.020, Sections 104.1, 104.3 and 104.6 apply.
The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
The building official shall issue all necessary notices or orders to ensure compliance with this code.
The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

[A] 104.5 Identification

AMENDMENT
This section has been amended at the state or city level.

104.5 Reserved

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This section has been amended at the state or city level.
Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

[A] 104.7 Department Records

AMENDMENT
This section has been amended at the state or city level.
The building official shall keep official records as dictated by OAR 166-150-0020 where a county has jurisdiction, OAR 166-200-0025 where a city has jurisdiction and OAR Chapter 166 Division 300, et al., for the cities and counties where the State of Oregon has jurisdiction. Such records shall be retained in the official records for the period indicated in the respective OAR sections noted above. The building official shall maintain a permanent record of all permits issued in flood hazard areas, including copies of inspection reports and certifications required in Section 1612.

[A] 104.8 Liability

AMENDMENT
This section has been amended at the state or city level.
See ORS 30.265 for regulations relating to liability.

ORS 30.265 is not a part of this code but is reproduced here for the reader's convenience:

30.265 Scope of liability of public body, officers, employees and agents; liability in nuclear incident.
  1. Subject to the limitations of ORS 30.260 to 30.300, every public body is subject to civil action for its torts and those of its officers, employees and agents acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276.598.
  2. The sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 or 30.287 is an action under ORS 30.260 to 30.300. The remedy provided by ORS 30.260 to 30.300 is exclusive of any other action against any such officer, employee or agent of a public body whose act or omission within the scope of the officer's, employee's or agent's employment or duties gives rise to the action. No other form of civil action is permitted.
  3. If an action under ORS 30.260 to 30.300 alleges damages in an amount equal to or less than the damages allowed under ORS 30.271, 30.272 or 30.273, the sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 or 30.287 is an action against the public body. If an action is filed against an officer, employee or agent of a public body, and the plaintiff alleges damages in an amount equal to or less than the damages allowed under ORS 30.271, 30.272 or 30.273, the court upon motion shall substitute the public body as the defendant. Substitution of the public body as the defendant does not exempt the public body from making any report required under ORS 742.400.
  4. If an action under ORS 30.260 to 30.300 alleges damages in an amount greater than the damages allowed under ORS 30.271, 30.272 or 30.273, the action may be brought and maintained against an officer, employee or agent of a public body, whether or not the public body is also named as a defendant. An action brought under this subsection is subject to the limitations on damages imposed under ORS 30.271, 30.272 or 30.273, and the total combined amount recovered in the action may not exceed those limitations for a single accident or occurrence without regard to the number or types of defendants named in the action.
  5. Every public body is immune from liability for any claim for injury to or death of any person or injury to property resulting from an act or omission of an officer, employee or agent of a public body when such officer, employee or agent is immune from liability.
  6. Every public body and its officers, employees and agents acting within the scope of their employment or duties, or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276.598, are immune from liability for:
    1. Any claim for injury to or death of any person covered by any workers' compensation law.
    2. Any claim in connection with the assessment and collection of taxes.
    3. Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.
    4. Any claim that is limited or barred by the provisions of any other statute, including but not limited to any statute of ultimate repose.
    5. Any claim arising out of riot, civil commotion or mob action or out of any act or omission in connection with the prevention of any of the foregoing.
    6. Any claim arising out of an act done or omitted under apparent authority of a law, resolution, rule or regulation that is unconstitutional, invalid or inapplicable except to the extent that they would have been liable had the law, resolution, rule or regulation been constitutional, valid and applicable, unless such act was done or omitted in bad faith or with malice.
  7. This section applies to any action of any officer, employee or agent of the state relating to a nuclear incident, whether or not the officer, employee or agent is acting within the scope of employment, and provided the nuclear incident is covered by an insurance or indemnity agreement under 42 U.S.C. 2210.
  8. Subsection (6)(c) of this section does not apply to any discretionary act that is found to be the cause or partial cause of a nuclear incident covered by an insurance or indemnity agreement under the provisions of 42 U.S.C. 2210, including but not limited to road design and route selection. [1967 c.627 §§2, 3, 10; 1969 c.429 §1; 1975 c.609 §12; 1977 c.823 §2; 1981 c.490 §4; 1985 c.731 §31; 1987 c.705 §7; 1991 c.861 §1; 2005 c.22 §19; 2007 c.803 §4; 2011 c.270 §1]
Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

[A] 104.9.1 Used Materials and Equipment

AMENDMENT
This section has been amended at the state or city level.
The use of used materials which meet the requirements of this code for new materials is permitted.
Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.

[A] 104.10.1 Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level.
(Not adopted by the State of Oregon Building Codes Division as part of the State Building Code.) The building official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that:
  1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.
  2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
  3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
  4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
  5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

104.12 Request for Ruling

AMENDMENT
This section has been amended at the state or city level.
ORS 455.060 provides for state rulings on acceptable materials, designs and methods of construction. When a ruling has been issued, ORS 455.060(4) applies.

ORS 455.060 is not a part of this code but is reproduced here for the reader's convenience:

455.060 Rulings on acceptability of material, design or method of construction; effect of approval; fees.
  1. Any person who desires to use or furnish any material, design or method of construction or installation in the state, or any building official, may request the Director of the Department of Consumer and Business Services to issue a ruling with respect to the acceptability of any material, design or method of construction about which there is a question under any provision of the state building code. Requests shall be in writing and, if made by anyone other than a building official, shall be made and the ruling issued prior to the use or attempted use of such questioned material, design or method.
  2. In making rulings, the director shall obtain the approval of the appropriate advisory board as to technical and scientific facts and shall consider the standards and interpretations published by the body that promulgated any nationally recognized model code adopted as a specialty code of this state.
  3. A copy of the ruling issued by the director shall be certified to the person making the request. Additional copies shall be transmitted to all building officials in the state. The director shall keep a permanent record of all such rulings, and shall furnish copies thereof to any interested person upon payment of such fees as the director may prescribe.
  4. A building official or inspector shall approve the use of any material, design or method of construction approved by the director pursuant to this section if the requirements of all other local ordinances are satisfied. [Formerly 456.845]

[A] 105.1 Required

AMENDMENT
This section has been amended at the state or city level.
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, change the character or use of the occupancy, or change the occupancy of a building or structure which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. [See ORS 455.020(2)].

Exceptions:
  1. Construction subject to minor labels and master permits when authorized by the inspection authority under Oregon Administrative Rules Chapter 918, Division 100.
  2. Temporary (180 days) structural supports, structural replacement or repairs performed in an emergency on an existing structure. The authority having jurisdiction shall be notified of this work within 72 hours and permit application for the temporary work shall be submitted within the next 5 business days.
     For prohibitions against siting new essential facilities and new special occupancy structures in tsunami inundation zones, see Section 1802.

ORS 455.058 is not part of this code but is reprinted here for the reader's convenience:

455.058 Investigation fee for work commenced without permit; rules.
  1. Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences.
  2. This section does not apply to:
    1. An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or
    2. Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law.
  3. The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. [2013 c.324 §2]

ORS 455.020(2) is not a part of this code but is reprinted here for the reader's convenience:

455.020(2) Purpose: scope of application; exceptions; scope of rules; fees by rule.
  1. (2) The rules adopted pursuant to this chapter shall include structural standards; standards for the installation and use of mechanical, heating and ventilating devices and equipment; and standards for prefabricated structures; and shall, subject to ORS 455.210, prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review services by the Department of Consumer and Business Services. The department may also establish, by rule, the amount of any fee pertaining to the state building code or any specialty code that is authorized by statute, but for which an amount is not specified by statute. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304 §1; 1995 c.400 §5; 1999 c.1045 §13; 1999 c.1082 §11; 2001 c.710 §8]

[A] 105.1.1 Annual Permit

AMENDMENT
This section has been amended at the state or city level.

[A] 105.1.2 Annual Permit Records

AMENDMENT
This section has been amended at the state or city level.

[A] 105.2 Work Exempt From Permit

AMENDMENT
This section has been amended at the state or city level.
Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:
  1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2).
  2. Fences not over 7 feet (2134 mm) high.
  3. Oil derricks.
  4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
  5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.
  6. Platforms, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
  7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
  8. Temporary motion picture, television and theater stage sets and scenery.
  9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.
  10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
  11. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Groups R-3 and U occupancies.
  12. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
  13. Farm or forest use agricultural buildings exempted in ORS 455.315 (see also Appendix C).
  14. Equine facilities exempted in ORS 455.315.
Note: Unless otherwise exempted, separate plumbing, electrical and mechanical permits may be required for the above-exempted items. Additionally, all new construction and substantial improvements (including the placement of prefabricated buildings and certain building work exempt from permit under Section 105.2) shall be designed and constructed with methods, practices and materials that minimize flood damage in accordance with this code.

[A] 105.2.1 Emergency Repairs

AMENDMENT
This section has been amended at the state or city level.

[A] 105.2.2 105.2.1 Repairs

AMENDMENT
This section has been amended at the state or city level.
Application or notice to the building official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe.

Note: Unless amended locally by a municipality under authority of ORS 455.020, the requirements of Sections 105.3 through 105.6 apply.

[A] 105.2.3 Public Service Agencies

AMENDMENT
This section has been amended at the state or city level.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:
  1. Identify and describe the work to be covered by the permit for which application is made.
  2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
  3. Indicate the use and occupancy for which the proposed work is intended.
  4. Be accompanied by construction documents and other information as required in Section 107.
  5. State the valuation of the proposed work.
  6. Be signed by the applicant, or the applicant's authorized agent.
  7. Give such other data and information as required by the building official.
The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

[A] 105.4 Validity of Permit

AMENDMENT
This section has been amended at the state or city level.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other laws or ordinances of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other laws or ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other laws or ordinances of this jurisdiction.
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.
The building permit or copy shall be kept on the site of the work until the completion of the project.
Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.
A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed.
It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code.

[A] 107.1 General

AMENDMENT
This section has been amended at the state or city level.
Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exceptions:
  1. The building official may waive the submission of plans, calculations, construction inspection requirements and other data and related plan review fee if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code.
  2. Plans, specifications, calculations, diagrams and other data prepared and designed by an engineer or architect licensed by the state to practice as such are not required for the following work, provided the building official determines that the work is not of a highly technical nature or there is no unreasonable potential risk to life and/or safety of the structure:
    1. The erection, enlargement or alteration of any building, or any appurtenance thereto, where the resulting building has a ground area of 4,000 square feet (372 m2) or less and is not more than 20 feet (6096 mm) in height from the top surface of the lowest floor to the highest interior overhead finish (see ORS 671.030).
    2. A single-family dwelling, farm agricultural building, nonfarm agricultural building, or accessory building to a single-family dwelling, farm agricultural building, or nonfarm agricultural building.
    3. Alterations or repairs that do not involve the structural parts of the building.
ORS 672.107 is not part of this code but is reproduced here for the reader's convenience:

672.107 Structural engineer registration for performing engineering services on significant structures; rules.
  1. For purposes of this section:
    1. "Significant structure" means:
      1. Hazardous facilities and special occupancy structures, as defined in ORS 455.447;
      2. Essential facilities, as defined in ORS 455.447, that have a ground area of more than 4,000 square feet and are more than 20 feet in height;
      3. Structures that the Director of the Department of Consumer and Business Services determines to have irregular features; and
      4. Buildings that are customarily occupied by human beings and are more than four stories or 45 feet above average ground level.
    2. "Significant structure" does not mean:
      1. One-family and two-family dwellings and accompanying accessory structures;
      2. Agricultural buildings or equine facilities, both as defined in ORS 455.315; or
      3. Buildings located on lands exempt from Department of Consumer and Business Services enforcement of building code regulations.
  2. Consistent with ORS 672.255, the State Board of Examiners for Engineering and Land Surveying shall adopt rules establishing standards of competence in structural engineering analysis and design relating to seismic influence.
  3. An engineer may not provide engineering services for significant structures unless the engineer possesses a valid professional structural engineer certificate of registration issued by the board. [Formerly 672.129]
Construction documents shall be in accordance with Sections 107.2.1 through 107.2.5.
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.

[A] 107.2.2 Fire Protection System Shop Drawings

AMENDMENT
This section has been amended at the state or city level.
Shop drawings, plans, specifications or sketches for the fire protection system(s) shall be submitted to the building official pursuant to the requirements of the State Building Code and ORS Chapter 455 or ORS 479.155 to determine compliance with the State Building Code, including but not limited to fire and life-safety standards which are part of the State Building Code. Shop drawings, plans, specifications or sketches shall be approved prior to the start of system installation and shall contain all information as required by the referenced installation standards in Chapter 9. The issuance of permits and inspections shall be the authority of the building official to administer under ORS Chapter 455.
The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

[A] 107.2.5 Site Plan

AMENDMENT
This section has been amended at the state or city level.
The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and it shall be drawn in accordance with an accurate boundary line survey. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

[A] 107.2.5.1 Design Flood Elevations

AMENDMENT
This section has been amended at the state or city level.
The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.

[A] 107.3.1 Approval of Construction Documents

AMENDMENT
This section has been amended at the state or city level.
When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. Construction documents shall be approved in the timelines specified in ORS 455.467.

[A] 107.3.2 Previous Approvals

AMENDMENT
This section has been amended at the state or city level.
This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.

ORS 455.467(1) & (2) are not part of this code but are reproduced here for the reader's convenience:

455.467 Timelines for approval or disapproval of certain specialty code building plans; exceptions; phased permit systems; failure to adhere to timelines.
  1. Except as provided in subsection (2) of this section, for specialty code plan reviews of simple low-rise residential dwellings, the Department of Consumer and Business Services or a municipality that administers a building inspection program under ORS 455.148 or 455.150 shall approve or disapprove the specialty code building plan:
    1. For a jurisdiction with a population that is less than 300,000, within 10 business days of receiving a complete application, or shall implement the process described in ORS 455.465.
    2. For a jurisdiction with a population that is 300,000 or more, within 15 business days of receiving a complete application, or shall implement the process described in ORS 455.465.
  2. The 10-day and 15-day requirements in subsection (1) of this section do not apply if:
    1. The plan requires approval by federal, state or local agencies outside the jurisdiction of the issuing agency;
    2. The plan is for a complex structure that requires additional review as determined by the department or municipality; or
    3. Based on conditions that exist in the affected municipality, the Director of the Department of Consumer and Business Services authorizes a different plan review schedule as described in a building inspection program submitted under ORS 455.148 or 455.150. [1999 c.1045 §21; 2001 c.384 §1; 2001 c.573 §13; 2003 c.675 §28]

[A] 107.3.3 Phased Approval

AMENDMENT
This section has been amended at the state or city level.
The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

ORS 455.467(3), (4), (5) & (6) are not part of this code but are reproduced here for the reader's convenience:

(3) For specialty code plan reviews of commercial structures, a municipality shall include in its building inspection program submitted under ORS 455.148 or 455.150 a process for plan review services. The municipality shall include in its program detailed reasons supporting the proposed plan review process. The plan review services provided by the municipality shall:
  1. Allow an applicant to defer the submittal of plans for one or more construction phases for a commercial construction project in accordance with the state building code; and
  2. Allow an applicant to receive permits for each of the phases of a commercial construction project as described in the state building code when the plan review for that phase is approved.
(4) For a phased commercial construction project as described in subsection (3) of this section, the municipality shall inform the applicant of the detailed plans necessary for each phase of the project and the estimated time for initial and phased review of the building plans for conformance with the state building code.

(5) An applicant submitting plans under subsection (3) of this section is responsible for ensuring that the project meets all specialty code requirements and that the project does not proceed beyond the level of approval authorized by the building official.

(6) A municipality that repeatedly fails to meet the plan review period described in this section or otherwise authorized in its building inspection program submitted under ORS 455.148 or 455.150 shall be considered to be engaging in a pattern of conduct of failing to provide timely plan reviews under ORS 455.160. [1999 c.1045 §21; 2001 c.384 §1; 2001 c.573 §13; 2003 c.675 §28]

[A] 107.3.4 Design Professional in Responsible Charge

AMENDMENT
This section has been amended at the state or city level.

107.3.4.1 General

AMENDMENT
This section has been amended at the state or city level.
When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

[A] 107.3.4.2 107.3.4.1 Deferred Submittals

AMENDMENT
This section has been amended at the state or city level.
For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period.

Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.

Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. [See ORS 455.467(3) in previous section].

107.3.5 State Fire and Life Safety Plan Review, Occupancies to Be Reviewed

AMENDMENT
This section has been amended at the state or city level.
ORS 479.155(2) requires submission of plans for review and approval of certain occupancies.

   Unless exempted by the Building Codes Division through delegation of the fire and life safety plan review program, the owner shall submit to the building codes administrator two copies (or, when required, an additional copy shall be submitted for local government use) of a plan or sketch drawn clearly and to scale showing information as set forth in Section 107.3.5.1 for review and approval prior to beginning construction or alteration. Fire and life safety plan review is required for the following occupancies:
  1. Group A occupancies.
  2. Group B occupancies over 4,000 square feet (372 m2), or more than 20 feet (6096 mm) in height, or with a basement.
  3. Group E occupancies.
  4. Group F occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement.
  5. Group H occupancies of 1,500 square feet (139 m2) or more than 20 feet (6096 mm) in height, or with a basement.
  6. Group I occupancies.
  7. Group M occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement.
  8. Group R, Divisions 1, 2 and 4 occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement over 1,500 square feet (139 m2).
  9. Group S, Division 1, 2 and 3 occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement.
  10. Group U, Division 1 occupancies over 4,000 square feet (372 m2) or more than 20 feet (6096 mm) in height, or with a basement.
   Two copies of a plot plan for the occupancies listed above shall be submitted for the placing of prefabricated structures to show the relationship of all adjacent buildings and their exit ways.

ORS 479.155(2) is not a part of this code but is reproduced here for the reader's convenience:

479.155 Plan of proposed construction or alteration; declaration of value; approval of plan; effect of approval; rules.

(2) Prior to construction or alteration of a hospital, public building as defined in ORS 479.168, public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210, or any other building or structure regulated by the State Fire Marshal for use and occupancy or requiring approval by the State Fire Marshal pursuant to statute, the owner shall submit to the director two copies of a plan or sketch showing the location of the building or structure with relation to the premises, distances, lengths and details of construction as the director shall require. A filing is not required with respect to any such building or structure in any area exempted by order of the State Fire Marshal pursuant to ORS 476.030. Approval of the plans or sketches by the director is considered approval by the State Fire Marshal and satisfies any statutory provision requiring approval by the State Fire Marshal. [1965 c.602 §14; 1967 c.417 §20; 1973 c.834 §33; 1977 c.821 §4; 1987 c.414 §158; 1993 c.744 §116; 1999 c.1082 §13; 2005 c.22 §364]

107.3.5.1 Fire and Life Safety Plan Review Limits

AMENDMENT
This section has been amended at the state or city level.
The following portions of this code shall be used to review the plans submitted under this subsection. (These requirements are not intended to apply to structural, architectural, light and ventilation, disabled access and energy conservation requirements of the code except as they affect requirements included on the list.)

Chapter 1, except Sections 103, 104.1 through 104.8, 104.11, 105, 109, 110 and 113;
Chapter 2;
Chapter 3;
Chapter 4;
Chapter 5;
Chapter 6;
Chapter 7;
Chapter 8;
Chapter 9;
Chapter 10;
Chapter 11 (area of rescue assistance);
Chapter 14;
Chapter 15 (except Sections 1503 and 1504);
Chapter 24;
Chapter 26;
Chapter 31;
Chapter 32;
Chapter 34;
Appendix C.
Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

[A] 107.5 Retention of Construction Documents

AMENDMENT
This section has been amended at the state or city level.
One set of approved construction documents shall be retained by the building official for a period of not less than that dictated by OAR 166-150-0020 where a county has jurisdiction, OAR 166-200-0025 where a city has jurisdiction and OAR 166-300, et al., for the jurisdictions where the State of Oregon has jurisdiction. One set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.

107.5.1 Flood Hazard Area Documents

AMENDMENT
This section has been amended at the state or city level.
The building official shall maintain a permanent record of all permits issued in flood hazard areas, including copies of inspection reports and certifications required in Section 1612.

[A] 108.1 General

AMENDMENT
This section has been amended at the state or city level.
The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. See Chapter 31 for further requirements.

Note: Membrane structures erected for a period of less than 180 days are regulated by the fire code official.
Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare.

[A] 108.3 Temporary Power

AMENDMENT
This section has been amended at the state or city level.

[A] 108.4 108.3 Termination of Approval

AMENDMENT
This section has been amended at the state or city level.
The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

Section 109 Fees

AMENDMENT
This section has been amended at the state or city level.
Note: Unless amended locally by a municipality under authority of ORS 455.020 and 455.210, the requirements of Section 109 apply.
A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

[A] 109.2 Schedule of Permit Fees

AMENDMENT
This section has been amended at the state or city level.
On buildings, structures or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the municipality, under authority of ORS 455.020 and 455.210 or as set forth in OAR chapter 918, division 460, where the State of Oregon has jurisdiction.

ORS 455.020(2) is not a part of this code but is reprinted here for the reader's convenience:

455.020(2) Purpose: scope of application; exceptions; scope of rules; fees by rule.

(2) The rules adopted pursuant to this chapter shall include structural standards; standards for the installation and use of mechanical, heating and ventilating devices and equipment; and standards for prefabricated structures; and shall, subject to ORS 455.210, prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review services by the Department of Consumer and Business Services. The department may also establish, by rule, the amount of any fee pertaining to the state building code or any specialty code that is authorized by statute, but for which an amount is not specified by statute. [Formerly 456.755; 1991 c.227 §2; 1991 c.310 §2; 1995 c.304 §1; 1995 c.400 §5; 1999 c.1045 §13; 1999 c.1082 §11; 2001 c.710 §8]


ORS 455.210(3)(a) is not a part of this code but is reproduced for the reader's convenience:

ORS 455.210 Fees; appeal of fees; surcharge; reduced fees; rules.

(3)(a) A municipality may adopt by ordinance or regulation such fees as may be necessary and reasonable to provide for the administration and enforcement of any specialty code or codes for which the municipality has assumed responsibility under ORS 455.148 or 455.150. A municipality shall give the director notice of the proposed adoption of a new or increased fee under this subsection. The municipality shall give the notice to the director at the time the municipality provides the opportunity for public comment under ORS 294.160 regarding the fee or, if the proposed fee is contained in an estimate of municipal budget resources, at the time notice of the last budget meeting is published under ORS 294.426. [Subsections (1) to (5) formerly 456.760; subsection (6) enacted as 1987 c.604 §6; 1997 c.856 §1; 1999 c.432 §1; 1999 c.1045 §24; 1999 c.1082 §9; 2001 c.573 §9; 2001 c.673 §1; 2005 c.193 §1; 2005 c.833 §3; 2007 c.69 §5; 2011 c.473 §29]

109.2.1 Plan Review Fees

AMENDMENT
This section has been amended at the state or city level.
When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be a percentage of the building permit fee as established under Section 109.2. Additionally, the fee for a fire and life safety plan review, as required by Section 107.3.5, shall be a percentage of the building permit fee established under Section 109.2.

   The plan review fees specified in this section are separate from the permit fees specified in Section 109.2 and are in addition to the permit fees. The state surcharge is not applied to plan review fees.

   When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, as defined in Section 107.3.4.2, an additional plan review fee shall be charged according to the rate established by the municipality, or OAR Chapter 918, Division 460 where the State of Oregon has jurisdiction.

[A] 109.3 Building Permit Valuations

AMENDMENT
This section has been amended at the state or city level.
Structural building permit valuations shall be based upon the Uniform Fee Methodologies as established by OAR 918-050-0100.

OAR 918-050-0100 is not a part of this code but is reproduced here for the reader's convenience.

                                    Uniform Fee Methodology

918-050-0100
Statewide Fee Methodologies for Residential and Commercial Permits


  1. Residential construction permit fees shall be calculated using the following methodologies:
    1. A plumbing permit fee for new construction includes one kitchen and is based on the number of bathrooms, from one to three, on a graduated scale. An additional set fee shall be assessed for each additional bath or kitchen.
      1. No additional fee shall be charged for the first 100 feet of water and sewer lines, hose bibbs, icemakers, underfloor low-point drains, and rain drain packages that include the piping, gutters, downspouts, and perimeter system.
      2. The plumbing permit fee described in this section does not include:
        1. Any storm water retention/detention facility;
        2. Irrigation and fire suppression systems; or
        3. Additional water, sewer and service piping or private storm drainage systems exceeding the first 100 feet.
      3. Permit fees for an addition, alteration, or repair shall be calculated based on the number of fixtures, appurtenances, and piping, with a set minimum fee.
    2. A mechanical permit fee shall be calculated per appliance and related equipment, with a set minimum fee.
    3. Effective January 1, 2009, a structural permit fee for new construction and additions shall be calculated using the ICC Building Valuation Data Table current as of April 1 of each year, multiplied by the square footage of the dwelling to determine the valuation. The valuation shall then be applied to the municipality's fee schedule to determine the permit fee. The plan review fee shall be based on a predetermined percentage of the permit fee set by the municipality.
      1. The square footage of a dwelling, addition, or garage shall be determined from outside exterior wall to outside exterior wall for each level.
      2. The square footage of a carport, covered porch, patio, or deck shall be calculated separately at fifty percent of the value of a private garage from the ICC Building Valuation Data Table current as of April 1.
      3. Permit fees for an alteration or repair shall be calculated based on the fair market value as determined by the building official, and then applying the valuation to the municipality's fee schedule.
  2. Commercial construction permit fees shall be calculated using the following methodologies:
    1. A plumbing permit fee shall be calculated based on the number of fixtures and footage of piping, with a set minimum fee.
    2. A mechanical permit fee shall be calculated based on the value of the mechanical equipment and installation costs and applied to the municipality's fee schedule with a set minimum fee.
    3. A structural permit fee shall be calculated by applying the valuation to the municipality's fee schedule with a minimum set fee. Valuation shall be the greater of either:
      1. The valuation based on the ICC Building Valuation Data Table current as of April 1 of each year, using the occupancy and construction type as determined by the building official, multiplied by the square footage of the structure; or
      2. The value as stated by the applicant.
      3. When the construction or occupancy type does not fit the ICC Building Valuation Data Table, the valuation shall be determined by the building official with input from the applicant.
Stat. Auth.: ORS 455.048 & 455.055

Stats. Implemented: ORS 455.046 & 455.055

Hist.: BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00; BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06; BCD 5-2007, f. 5-11-07, cert. ef. 7-1-07; BCD 27-2008, f. ef.12-12-08, cert. ef. 1-1-09; BCD 7- 2009, f. 9-30-09, cert. ef. 10-1-09

[A] 109.4 Work Commencing Before Permit Issuance

AMENDMENT
This section has been amended at the state or city level.
Any person who commences any work on a building or structure before obtaining the necessary permits shall be subject to an investigation fee. The amount of the investigative fee shall be the average or actual additional cost of ensuring that a building or structure is in conformance with this code and shall be in addition to the required permit fees.

ORS 455.058 is not part of this code but is reprinted here for the reader's convenience:

455.058 Investigation fee for work commenced without permit; rules.

  1. Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences.
  2. This section does not apply to:
    1. An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or
    2. Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law.
  3. The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. [2013 c.324 §2]

Exception: Work as permitted in Section 105.1.
The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
The building official is authorized to establish a refund policy.

[A] 110.1 General

AMENDMENT
This section has been amended at the state or city level.
Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other laws or ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other laws or ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

[A] 110.3 Required Inspections

AMENDMENT
This section has been amended at the state or city level.
The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.11.
Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

[A] 110.3.3 Lowest Floor Elevation

AMENDMENT
This section has been amended at the state or city level.
In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official as required for building code administration and to the Flood Plain Administrator in the management of any NFIP requirements.
Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.
Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly
.
Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.
In addition to the inspections specified in Sections 110.3.1 through 110.3.7, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety.
The final inspection shall be made after all work required by the building permit is completed.

[A] 110.3.10.1 Flood Hazard Documentation

AMENDMENT
This section has been amended at the state or city level.

110.3.11 Radon Mitigation Inspections

AMENDMENT
This section has been amended at the state or city level.
Where radon mitigation systems are required by Section 1811 or 1812, or both, inspections shall be provided in accordance with the methods and frequency prescribed in this section.

110.3.11.1 Inspection of Subfloor Preparation

AMENDMENT
This section has been amended at the state or city level.
In conjunction with the "Concrete slab and under-floor inspections" required by Section 110.3.2, the building official shall conduct subfloor preparation inspections. Such inspections shall be made after the placement of the gas-permeable layer in accordance with the compliance method selected in Section 1811.2.1 or 1812, or both. Depending upon the method of construction, inspections shall include, but not be limited to:
  1. Aggregate type and placement.
  2. Sand type and placement.
  3. Geotextile fabric placement.
  4. Gas conveyance piping system placement in accordance with Section 1811.3.4.
  5. Radon suction pits, including plenum boxes, collection pits, etc.
  6. Preparations for installation of subslab soil exhaust ducts.
  7. Other inspections as required by the building official to ensure compliance with selected alternate methods or engineered systems.

110.3.11.2 Inspection of Walls in Contact With Soil-Gas

AMENDMENT
This section has been amended at the state or city level.
For designs incorporating walls in contact with soil-gas, the building official shall conduct inspections for compliance with Section 1811.2.4. This inspection shall be made in conjunction with the "footing and foundation inspection" required by Section 110.3.

110.3.11.3 Inspection of Subslab Soil Exhaust System Duct (SSESD)

AMENDMENT
This section has been amended at the state or city level.
In conjunction with the "frame inspection" required by Section 110.3.4, the building official shall conduct SSESD inspections. Such inspections shall be made after the placement and identification of all SSESD's as required by Sections 1811.2.5 and 1812.3.7, and where an active soil depression system is selected in accordance with Section 1811.3.2.

110.3.11.4 Inspection of SSESD Blower—Active Soil Depressurization Systems (ASD)

AMENDMENT
This section has been amended at the state or city level.
In conjunction with the "final inspection" required by Section 110.3.10, the building official shall conduct ASD SSESD blower inspections. Such inspections shall be made after the installation of SSESD blowers in accordance with Section 1811.3.3.
The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

[A] 111.1 Use and Occupancy

AMENDMENT
This section has been amended at the state or city level.
No building or structure shall be used or occupied, and no change in the existing character, use or occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy for such change in character, use or occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2.
After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following:
  1. The building permit number.
  2. The address of the structure.
  3. The name and address of the owner.
  4. A description of that portion of the structure for which the certificate is issued.
  5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
  6. The name of the building official.
  7. The edition of the code under which the permit was issued.
  8. The use and occupancy, in accordance with the provisions of Chapter 3.
  9. The type of construction as defined in Chapter 6.
  10. The design occupant load.
  11. If an automatic sprinkler system is provided, whether the sprinkler system is required.
  12. Any special stipulations and conditions of the building permit.
The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.
The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

Section 112 Service Utilities

AMENDMENT
This section has been amended at the state or city level.
Section 112, "Service Utilities," is not adopted by the State of Oregon but may be adopted by the local jurisdiction.

[A] 112.1 Connection of Service Utilities

AMENDMENT
This section has been amended at the state or city level.

[A] 112.2 Temporary Connection

AMENDMENT
This section has been amended at the state or city level.

[A] 112.3 Authority to Disconnect Service Utilities

AMENDMENT
This section has been amended at the state or city level.

[A] 113.1 General

AMENDMENT
This section has been amended at the state or city level.
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, the local jurisdiction shall establish an appeals procedure.

[A] 113.2 Limitations on Authority

AMENDMENT
This section has been amended at the state or city level.
An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. An appeals board, when appointed, shall have no authority to waive requirements of this code.

[A] 113.3 Qualifications

AMENDMENT
This section has been amended at the state or city level.
An appeals board, when appointed, shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction.

113.4 Appeal of Decision of Building Official

AMENDMENT
This section has been amended at the state or city level.
ORS 455.475 provides an alternative appeals process to that set forth by the local municipality.

ORS 455.475 is not part of this code but is reproduced here for the reader's convenience:

455.475. Appeal of decision of building official.

  1. An applicant for a building permit may appeal a decision made by a building official under authority established pursuant to ORS 455.148, 455.150 or 455.467. The following apply to an appeal under this subsection:
    1. An appeal regarding the interpretation or application of a particular specialty code provision shall be made first to the appropriate specialty code chief inspector of the Department of Consumer and Business Services. The decision of the department chief inspector may be appealed to the appropriate advisory board. The decision of the advisory board may only be appealed to the Director of the Department of Consumer and Business Services if codes in addition to the applicable specialty code are at issue.
    2. If the appropriate advisory board determines that a decision by the department chief inspector is a major code interpretation, then the inspector shall distribute the decision in writing to all applicable specialty code public and private inspection authorities in the state. The decision shall be distributed within 60 days after the board's determination, and there shall be no charge for the distribution of the decision. As used in this paragraph, a "major code interpretation" means a code interpretation decision that affects or may affect more than one job site or more than one inspection jurisdiction.
  2. Except as provided in subsection (1) of this section, an applicant for a building permit may appeal the decision of a building official on any matter relating to the administration and enforcement of this chapter to the department. The appeal must be in writing. A decision by the department on an appeal filed under this subsection is subject to judicial review as provided in ORS 183.484.
  3. If an appeal is made under this section, an inspection authority shall extend the plan review deadline by the number of days it takes for a final decision to be issued for the appeal. [1999 c.1045 §23; 2001 c.573 §15; 2013 c. 528 §13]

   ORS 455.690 allows appeal of a local appeals board decision to the state Building Codes Structures Board. Appeals to the Building Codes Structures Board are limited to those that are technical and scientific in nature.

ORS 455.690 is not part of this code but is reproduced here for the reader's convenience:

455.690 Appeal to advisory boards.

Any person aggrieved by the final decision of a municipal appeals board or a subordinate officer of the Department of Consumer and Business Services as to the application of any provision of a specialty code may, within 30 days after the date of the decision, appeal to the appropriate advisory board. The appellant shall submit a fee of $20, payable to the department, with the request for appeal. The final decision of the involved municipality or state officer shall be subject to review and final determination by the appropriate advisory board as to technical and scientific determinations related to the application of the specialty code involved. [Formerly 456.850; 1993 c.744 §98]

Note: Forms for filing an appeal under ORS 455.475 are available online at: www.bcd.oregon.gov.

[A] 114.1 Unlawful Acts

AMENDMENT
This section has been amended at the state or city level.

114.1 Prohibited Acts Are as Described in ORS 455.450

AMENDMENT
This section has been amended at the state or city level.
ORS 455.450 is not part of this code but is reproduced here for the reader's convenience:

455.450 Prohibited acts. A person may not:
  1. Violate, or procure or assist in the violation of, any final order the Director of the Department of Consumer and Business Services, an advisory board, a state administrative officer or any local appeals board, building official or inspector, concerning the application of the state building code in a particular case or concerning a license, certificate, registration or other authorization.
  2. Engage in, or procure or assist any other person to engage in, any conduct or activity for which a permit, label, license, certificate, registration or other formal authorization is required by any specialty code, any provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945, 479.950 and 480.510 to 480.670, this chapter or ORS chapter 447, 460 or 693 or any rule adopted or order issued for the administration and enforcement of these provisions without first having obtained such permit, label, license, certificate, registration or other formal authorization.
  3. Violate, or procure or assist in the violation of, any standard, specification, requirement, prohibition or other technical provision set forth in the state building code or an applicable local building code or in any rule or order of the Department of Consumer and Business Services, an advisory board, a local governing body or local building official. [Formerly 456.885 (1); 2007 c.306 §3]

[A] 114.2 Notice of Violation

AMENDMENT
This section has been amended at the state or city level.
The building official is authorized to serve a notice of violation or order on the person responsible for the construction, reconstruction, alteration and repair of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

114.3 Prosecution of Violation

AMENDMENT
This section has been amended at the state or city level.
If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law.
Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

114.5 Penalties

AMENDMENT
This section has been amended at the state or city level.
Penalty amounts, other than those described in Section 109.4 are limited by ORS 455.895. Local authority to levy penalties is limited to violations of code application only.

ORS 455.895 is not part of this code but is reproduced here for the reader's convenience:

455.895 Civil penalties.

    1. The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165.
    2. The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850.
    3. The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS 480.670. Amounts recovered under this paragraph are subject to ORS 480.670.
  1. The Department of Consumer and Business Services, or an appropriate advisory board, if any, may at its discretion impose a civil penalty against any person who violates the state building code or ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945, 479.950 or 480.510 to 480.670, or this chapter or ORS chapter 447, 460 or 693, or any rule adopted or order issued for the administration and enforcement of those statutes. Except as provided in subsections (3), (4) and (9) of this section or ORS 446.995, a civil penalty imposed under this section must be in an amount determined by the appropriate advisory board or the department of not more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense.
  2. Each violation of ORS 446.003 to 446.200 or 446.225 to 446.285, or any rule or order issued under ORS 446.003 to 446.200 or 446.225 to 446.285, constitutes a separate violation with respect to each manufactured structure or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation.
  3. The department may impose a civil penalty of not more than $25,000 against a public body responsible for administering and enforcing a building inspection program. As used in this subsection, "public body" has the meaning given that term in ORS 174.109.
  4. The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The department, by rule, shall define what constitutes a pattern of violations. Except as provided in subsections (1) and (10) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall be used by the department for enforcement and administration of provisions and rules described in subsection (2) of this section.
  5. Civil penalties under this section shall be imposed as provided in ORS 183.745.
  6. A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the department or the appropriate advisory board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty.
  7. Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation by the partnership, association or corporation of a provision or rule described in subsection (2) of this section is subject to the penalties prescribed in this section.
  8. In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violates a provision or rule described in subsection (2) of this section may be required by the department or the appropriate advisory board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the department or advisory board that does not exceed five times the amount by which such person profited in any transaction that violates a provision or rule described in subsection (2) of this section.
  9. If a civil penalty is imposed for a violation of a provision of ORS 446.566 to 446.646 and the violation relates to a filing or failure to file with a county assessor functioning as agent of the department, the department, after deducting an amount equal to the department's procedural, collection and other related costs and expenses, shall forward one-half of the remaining civil penalty amount to the county in which the manufactured structure is located at the time of the violation. [1991 c.792 §4; 1991 c.734 §111; 1999 c.1045 §19; 2001 c.411 §21; 2003 c.14 §286; 2003 c.655 §76; 2007 c.549 §6; 2007 c.898 §1; 2013 c.324 §11]
Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order.
The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

Section 116 Unsafe Structures and Equipment

AMENDMENT
This section has been amended at the state or city level.
Section 116 "Unsafe Structures and Equipment" is not adopted by the State of Oregon but may be adopted by local jurisdictions.

[A] 116.1 Conditions

AMENDMENT
This section has been amended at the state or city level.

[A] 116.2 Record

AMENDMENT
This section has been amended at the state or city level.

116.3 Notice

AMENDMENT
This section has been amended at the state or city level.

[A] 116.4 Method of Service

AMENDMENT
This section has been amended at the state or city level.

[A] 116.5 Restoration

AMENDMENT
This section has been amended at the state or city level.
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