2007 ORS 455.153¹
Municipal authority to administer specialty code or building requirements
  • effect on jurisdiction of agencies

Municipality authority to administer specialty code or building requirements; effect on jurisdiction of agencies. (1) A municipality may administer any specialty code or building requirements as though the code or requirements were ordinances of the municipality if the municipality is authorized to administer:

(a) The specialty code under ORS chapter 447 or 455 or ORS 479.510 (Short title) to 479.945 (Restricted energy contractor's license) and 479.995 (Civil penalty for violation of ORS 479.510 to 479.945).

(b) Mobile or manufactured dwelling parks requirements adopted under ORS 446.062 (Rules regulating parks).

(c) Temporary parks requirements adopted under ORS 446.105 (Temporary parks).

(d) Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230 (Safety and construction standards for installation, support and tiedown).

(e) Park or camp requirements adopted under ORS 455.680 (Plan approval and permits for recreation or picnic park or camp).

(2) Administration of any specialty code or building requirement includes establishing a program intended to verify compliance with state licensing requirements and all other administrative and judicial aspects of enforcement of the code or requirement. Nothing in this section affects the concurrent jurisdiction of the Director of the Department of Consumer and Business Services, the Building Codes Structures Board, the State Plumbing Board, the Manufactured Structures and Parks Advisory Board, the Electrical and Elevator Board, the Residential Structures Board or the Mechanical Board to impose civil penalties for violations committed within municipalities. [1995 c.190 §2; 2001 c.411 §17; 2003 c.675 §§22,23]

Note: 455.153 (Municipal authority to administer specialty code or building requirements) was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

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

Atty. Gen. Opinions

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

1 Legislative Counsel Committee, CHAPTER 455—Building Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­455.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 455, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­455ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.