ORS 455.315
Exemption of agricultural buildings, agricultural grading, equine facilities and dog training facilities


(1)

The provisions of this chapter do not authorize the application of a state structural specialty code to any agricultural building, agricultural grading, equine facility or dog training facility.

(2)

As used in this section:

(a)

Intentionally left blank —Ed.

(A)

“Agricultural building” means a structure located on a farm or forest operation and used for:
(i)
Storage, maintenance or repair of farm or forestry machinery and equipment;
(ii)
The raising, harvesting and selling of crops or forest products;
(iii)
The feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees;
(iv)
Dairying and the sale of dairy products; or
(v)
Any other agricultural, forestry or horticultural use or animal husbandry, or any combination thereof, including the preparation and storage of the produce raised on the farm for human use and animal use, the preparation and storage of forest products and the disposal, by marketing or otherwise, of farm produce or forest products.

(B)

“Agricultural building” does not mean:
(i)
A dwelling;
(ii)
A structure used for a purpose other than growing plants in which 10 or more persons are present at any one time;
(iii)
A structure regulated by the State Fire Marshal pursuant to ORS chapter 476;
(iv)
A structure used by the public; or
(v)
A structure subject to sections 4001 to 4127, title 42, United States Code (the National Flood Insurance Act of 1968) as amended, and regulations promulgated thereunder.

(b)

“Agricultural grading” means grading related to a farming practice as defined in ORS 30.930 (Definitions for ORS 30.930 to 30.947).

(c)

“Dog training facility” means a farm building used for dog training classes or testing trials permitted under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (1)(z) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1)(x) in which no more than 10 persons are present at any one time.

(d)

Intentionally left blank —Ed.

(A)

“Equine facility” means a building located on a farm and used by the farm owner or the public for:
(i)
Stabling or training equines; or
(ii)
Riding lessons and training clinics.

(B)

“Equine facility” does not mean:
(i)
A dwelling;
(ii)
A structure in which more than 10 persons are present at any one time;
(iii)
A structure regulated by the State Fire Marshal pursuant to ORS chapter 476; or
(iv)
A structure subject to sections 4001 to 4127, title 42, United States Code (the National Flood Insurance Act of 1968) as amended, and regulations promulgated thereunder.

(3)

Notwithstanding the provisions of subsection (1) of this section, incorporated cities may regulate agricultural buildings, equine facilities and dog training facilities within their boundaries pursuant to this chapter.

(4)

An agricultural building may be used for uses in addition to the uses listed in subsection (2)(a)(A) of this section if the additional uses:

(a)

Are incidental and accessory to the uses listed in subsection (2)(a)(A) of this section;

(b)

Are personal to the farm owner and the farm owner’s immediate family or household; and

(c)

Do not pose a greater hazard to persons or property than the uses listed in subsection (2)(a)(A) of this section. [Formerly 456.758 and then 456.917; 1995 c.783 §1; 2003 c.74 §1; 2005 c.288 §3; 2013 c.73 §3; 2021 c.120 §1; 2021 c.552 §11]

Source: Section 455.315 — Exemption of agricultural buildings, agricultural grading, equine facilities and dog training facilities, https://www.­oregonlegislature.­gov/bills_laws/ors/ors455.­html.

455.010
Definitions for ORS chapter 455
455.015
Legislative findings
455.020
Purpose
455.022
Appropriation of program fees established by department rule
455.028
Interagency agreements
455.030
Rulemaking
455.035
Effective date of rules
455.040
State building code preempts local ordinances and rules
455.042
State building code administrative regions
455.044
Tri-County Building Industry Service Center
455.046
Installation labels
455.048
Rules
455.050
Building permits
455.055
Uniform permit, inspection and certificate of occupancy requirements
455.058
Investigation fee for work commenced without permit
455.060
Rulings on acceptability of material, design or method of construction
455.062
Provision of typical drawings and specifications
455.065
Alternative regulatory options for emerging technologies
455.068
Applicability of construction standards to winery
455.070
Report of suspected code violation
455.080
Inspector may require proof of compliance
455.083
Enjoining violations of state building code
455.085
Publication
455.090
Building codes information and services system or network
455.093
Definition for ORS 455.095, 455.097 and 455.185
455.095
Electronic access to building code and construction-related information and services
455.097
Electronic access system development and implementation
455.098
Minimum standards and statewide consistency in electronic processes
455.100
Duties of director
455.110
Other duties of director
455.112
Elimination of unclear, duplicative, conflicting or inadequate provisions
455.117
Adoption of rules governing licensing, certification or registration
455.122
Combinations of licenses
455.125
Denial, suspension, conditioning or revocation of license, certificate, registration or other authorization
455.127
Disqualification from obtaining license, registration, certificate or certification
455.129
Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application
455.132
Building Codes Structures Board
455.135
Residential and Manufactured Structures Board
455.138
Electrical and Elevator Board
455.140
Mechanical Board
455.144
Terms
455.146
Frequency of board meetings
455.148
Comprehensive municipal building inspection programs
455.150
Selective municipal building inspection programs
455.152
Objections to municipal assumption of building inspection program
455.153
Municipal authority to administer specialty code or building requirements
455.154
Alternative permit and inspection program
455.155
Statewide permit and inspection system for minor construction work
455.156
Municipal investigation and enforcement of certain violations
455.157
Process for municipal imposition of monetary penalties
455.158
Verification of required license prior to issuance of permit
455.160
Failure to provide timely inspections or plan reviews prohibited
455.165
Standards for building codes information collected and maintained by municipalities
455.170
Director delegation of certain duties
455.175
Restriction on city or county refusal of building permit in residential subdivision
455.180
Restriction on city or county refusal to issue building permit
455.185
Agreements for full, divided, mutual or joint administration and enforcement
455.188
Fee revenue generated under agreement
455.192
Staffing and other resources for building code administration and enforcement
455.195
Fees charged following surrender or abandonment of municipal building inspection program
455.198
Fee surcharge use
455.200
Policies and procedures
455.202
Definitions
455.204
Ratification of contract building official’s discretionary decision
455.206
Building official as public official
455.208
Requirements for continued procurement of contract building official’s services
455.210
Fees
455.220
Surcharge on building permit fees
455.230
Use of Consumer and Business Services Fund moneys
455.240
Revenues from sales of building codes publications
455.310
Single-family residence repair and maintenance exempt from codes
455.312
Exemption from code of structures for out-of-state delivery
455.315
Exemption of agricultural buildings, agricultural grading, equine facilities and dog training facilities
455.320
Owner-built dwellings exempt from certain structural code provisions
455.325
Definitions for ORS 455.325 to 455.350
455.330
Counties authorized to exempt owner-built dwellings in rural areas from structural code
455.335
Rural areas to be mapped
455.340
Code requirements to which exemption may not apply
455.345
Permit, fee, plan check and inspection provisions apply
455.350
Purchaser’s remedies
455.355
Rules governing mercury thermostats
455.360
Carbon monoxide alarms
455.365
Radon mitigation standards
455.380
Department as final authority on agriculture workforce housing
455.390
Definitions for ORS 455.020, 455.390, 455.395 and 455.400
455.395
Admissibility of data or agreements as evidence
455.400
Effect of seismic rehabilitation provisions on exclusive remedy
455.405
Recreational vehicle conversion to structure
455.410
Relocated buildings
455.412
Review of state building code provisions regarding certain smoke alarms and smoke detectors
455.415
Identification badges
455.417
Provision of electric service capacity for charging electric vehicles in newly constructed buildings
455.420
Individual electric meters required in multifamily residential buildings
455.422
New construction
455.425
Low-income elderly housing multiservice rooms required
455.427
Prohibition of certain refrigerants
455.430
Reciprocity for prefabricated structures
455.440
When site soil analysis required
455.445
Indoor air quality standards for public areas and office workplaces
455.446
Tsunami inundation zone
455.447
Regulation of certain structures vulnerable to earthquakes and tsunamis
455.448
Entry and inspection of earthquake-damaged structures
455.449
Unsafe condition resulting from earthquake damage
455.450
Prohibited acts
455.453
Additional prohibitions
455.455
Building inspection and plan review
455.457
Licensing specialty code inspectors and plan reviewers
455.459
Specialty code inspection and plan review
455.461
Specialty code inspectors and plan reviewers
455.463
Specialty code inspection and plan review
455.465
Department and municipalities to designate persons licensed to conduct specialty code inspection and plan review
455.466
Rapid approval assessment for essential projects
455.467
Timelines for approval or disapproval of certain specialty code building plans
455.468
Electronic submission of application materials
455.469
Municipal building inspection program to include certain policies and ordinances
455.471
Specialty code inspection and plan review fee authority
455.473
Disposition of certain fees received by department
455.475
Appeal of decision of building official
455.477
Requirement for suit filed by licensed specialty code inspector or plan reviewer
455.479
Application to specialty inspections identified by department
455.481
Application to inspection and plan review for prefabricated structures
455.483
Electrical and plumbing code plan review
455.485
Special consideration for rural or remote areas
455.490
Legislative findings
455.492
Construction Industry Energy Board
455.496
Standards relating to energy use and energy efficiency aspects of specialty codes
455.500
Reach Code
455.505
Uniform energy conservation standards
455.511
State Building Code energy efficiency goals and standards
455.525
Rules for energy conservation and passive solar energy in structures
455.530
Authority to receive money and to contract
455.560
Definitions for ORS 455.560 to 455.580
455.565
Purpose of ORS 455.560 to 455.580
455.570
Maximum lighting standards for new public buildings
455.573
Outdoor shielded lighting fixtures
455.575
Advisory lighting standards for public buildings constructed before July 1, 1978
455.580
Status of powers of director
455.595
Energy Efficient Construction Account
455.610
Low-Rise Residential Dwelling Code
455.612
Building code standards for wildfire hazard mitigation
455.614
Mapping tool for wildfire hazard mitigation
455.616
Construction standards for small homes
455.622
Certification of inspectors
455.625
Rules for permits
455.626
Rules for accommodating technology
455.627
Minor electrical installation inspection program
455.628
Plan review exemption
455.630
Enforcement
455.640
Definitions for ORS 455.640 to 455.645
455.642
Application
455.645
Certain plans for structures of public assembly to be certified
455.675
Authorized substitutions in codes adopted by reference
455.680
Plan approval and permits for recreation or picnic park or camp
455.685
Review of plans and specifications to determine compliance
455.690
Appeal to advisory boards
455.700
Validity of certain building permits
455.705
Prefabricated structures plan approval and inspections
455.715
Definitions for ORS 455.715 to 455.740
455.720
Standards and qualifications for personnel
455.723
Specialized building inspectors
455.725
Certification of personnel training programs
455.730
Certification of personnel required
455.732
Certification of inspectors to perform duties in building code administrative regions
455.735
Issuance and renewal of certificates
455.737
Experience and training outside Oregon
455.740
Denial of certificate
455.770
Investigation of municipality, building official or inspector
455.775
Enforcement authority of director
455.800
Definitions for ORS 455.800 to 455.820
455.805
Criteria for granting of master builder status
455.810
Certificates
455.815
Establishment of master builder programs
455.820
Plan review and verification
455.895
Civil penalties
455.897
Criminal penalties
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