ORS 455.040¹
State building code preempts local ordinances and rules
  • exemptions
  • criteria

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

(2) Subsection (1) of this section is operative:

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

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

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

(formerly 456.775)

Atty. Gen. Opinions

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

(formerly 456.750 to 456.890)

Notes of Decisions

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

Atty. Gen. Opinions

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

1 Legislative Counsel Committee, CHAPTER 455—Building Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors455.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 455, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano455.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information