2017 ORS 455.097¹
Electronic access system development and implementation
  • uniform form and format for electronic exchange of building program and construction-related service information
  • waiver of contrary form and format requirements
  • rules

(1) As used in this section, “form and format”:

(a) Means the arrangement, organization, configuration, structure or style of, or method of delivery for, providing required information or providing the substantive equivalent of required information.

(b) Does not mean altering the substance of information or the addition or omission of information.

(2) The purpose of this section and ORS 455.095 (Electronic access to building code and construction-related information and services) is to enable the Department of Consumer and Business Services to develop and implement a system that:

(a) Provides electronic access to building codes information;

(b) Is designed to offer a full range of electronic building permits services;

(c) Allows the streamlining of building inspection services;

(d) Provides a uniform form and format for submitting building codes information electronically;

(e) Is available for use by any municipality administering and enforcing a building inspection program; and

(f) At the discretion of the department:

(A) Is available for use by other public bodies that provide construction-related services; and

(B) Supports access for other purposes that may include, but need not be limited to, access for the coordination and tracking of construction-related services.

(3) The department shall adopt rules to govern the form and format of building permit applications, building plans, specifications, other building program information and any other information exchanged through the electronic building codes information system described in ORS 455.095 (Electronic access to building code and construction-related information and services).

(4) The department may waive a contrary form and format requirement imposed by statute or ordinance or by the rules of another agency for the submission of information in physical form to the extent the waiver is necessary to facilitate the submission of the information electronically. The department may accept an electronic reproduction of a signature, stamp, seal, certification or notarization as the equivalent of the original or may accept the substitution of identifying information for the signature, stamp, seal, certification or notarization. The department may not waive a requirement imposed by statute or ordinance or by the rules of another agency, other than a form and format requirement.

(5) A person exchanging information through the electronic building codes information system in a form and format acceptable to the department is not subject to any licensing sanction, civil penalty, fine, permit disapproval or revocation or other sanction for failure to comply with a form or format requirement imposed by statute, ordinance or rule for submission of the information in physical form, including but not limited to any requirement that the information be in a particular form or of a particular size, be submitted with multiple copies, be physically attached to another document, be an original document or be signed, stamped, sealed, certified or notarized. [2007 c.69 §2; 2015 c.170 §3]

Note: 455.097 (Electronic access system development and implementation) 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.

(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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 455, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano455.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.