Oregon Building Code & Construction Permit Law

Oregon Code · 113 sections

The following is the full text of Oregon’s building code & construction permit law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 105.465

105.465, a seller shall deliver in substantially the following form the seller�s property disclosure statement to each buyer who makes a written offer to purchase real property in this state:

INSTRUCTIONS TO THE SELLER

Please complete the following form. Do not leave any spaces blank. Please refer to the line number(s) of the question(s) when you provide your explanation(s). If you are not claiming an exclusion or refusing to provide the form under ORS 105.475 (4), you should date and sign each page of this disclosure statement and each attachment.

Each seller of residential property described in ORS 105.465 must deliver this form to each buyer who makes a written offer to purchase. Under ORS 105.475 (4), refusal to provide this form gives the buyer the right to revoke their offer at any time prior to closing the transaction. Use only the section(s) of the form that apply to the transaction for which the form is used. If you are claiming an exclusion under ORS 105.470, fill out only Section 1.

An exclusion may be claimed only if the seller qualifies for the exclusion under the law. If not excluded, the seller must disclose the condition of the property or the buyer may revoke their offer to purchase anytime prior to closing the transaction. Questions regarding the legal consequences of the seller�s choice should be directed to a qualified attorney.

(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION UNDER ORS 105.470)

Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:

You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not claiming an exclusion, you must fill out Section 2 of this form completely.

Initial only the exclusion you wish to claim.

_ This is the first sale of a dwelling never occupied. The dwelling is constructed or installed under building or installation permit(s) #, issued by _____.

_____ This sale is by a financial institution that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of foreclosure.

_____ The seller is a court appointed receiver, personal representative, trustee, conservator or guardian.

_____ This sale or transfer is by a governmental agency.

Signature(s) of Seller claiming exclusion

Date __

Buyer(s) to acknowledge Seller�s claim

Date __

(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SECTION.)

Section 2. SELLER�S PROPERTY DISCLOSURE STATEMENT

(NOT A WARRANTY)

(ORS 105.464)

NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT

___ (�THE PROPERTY�).

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. BUYER HAS FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS SELLER�S DISCLOSURE STATEMENT TO REVOKE BUYER�S OFFER BY DELIVERING BUYER�S SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON BUYER�S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS, ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.

Seller _ is/ ___ is not occupying the property.

I. SELLER�S REPRESENTATIONS:

The following are representations made by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or any real estate licensee engaged by the seller or the buyer.

If you mark yes on items with , attach a copy or explain on an attached sheet.

�� 1.�� TITLE

�� A.� Do you have legal authority to sell the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *B. Is title to the property subject to any of the

�� following:�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) First right of refusal

�� (2) Option

�� (3) Lease or rental agreement

�� (4) Other listing

�� (5) Life estate?

�� *C. Is the property being transferred an

�� unlawfully established unit of land?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *D. Are there any encroachments, boundary

�� agreements, boundary disputes or recent

�� boundary changes?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *E. Are there any rights of way, easements,

�� licenses, access limitations or claims that

�� may affect your interest in the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Are there any agreements for joint

�� maintenance of an easement or right of way?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any governmental studies, designations,

�� zoning overlays, surveys or notices that would

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *H. Are there any pending or existing governmental

�� assessments against the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *I.� Are there any zoning violations or

�� nonconforming uses?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *J. Is there a boundary survey for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *K. Are there any covenants, conditions,

�� restrictions or private assessments that

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *L. Is the property subject to any special tax

�� assessment or tax treatment that may result

�� in levy of additional taxes if the property

�� is sold?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 2.�� WATER

�� A.� Household water

�� (1) The source of the water is (check ALL that apply):

�� [ ]Public [ ]Community [ ]Private

�� [ ]Other __

�� (2) Water source information:

�� *a. Does the water source require a water permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, do you have a permit?�� [ ]Yes� [ ]No

�� b.�� Is the water source located on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If not, are there any written agreements for

�� a shared water source?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *c. Is there an easement (recorded or unrecorded)

�� for your access to or maintenance of the water

�� source?�� [ ]Yes� [ ]No�� [ ]Unknown

�� d.�� If the source of water is from a well or spring,

�� have you had any of the following in the past

�� 12 months? [ ]Flow test [ ]Bacteria test

�� [ ]Chemical contents test�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *e. Are there any water source plumbing problems

�� or needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Are there any water treatment systems for

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� [ ]Leased [ ]Owned

�� B.� Irrigation

�� (1) Are there any [ ] water rights or [ ] other

�� irrigation rights for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *(2) If any exist, has the irrigation water been

�� used during the last five-year period?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *(3) Is there a water rights certificate or other

�� written evidence available?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Outdoor sprinkler system

�� (1) Is there an outdoor sprinkler system for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Has a back flow valve been installed?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Is the outdoor sprinkler system operable?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 3.�� SEWAGE SYSTEM

�� A.� Is the property connected to a public or

�� community sewage system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any new public or community sewage

�� systems proposed for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is the property connected to an on-site septic

�� system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) If yes, when was the system installed?�� __�� [ ]Unknown�� [ ]NA

�� (2) *If yes, was the system installed by permit?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) *Has the system been repaired or altered?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) *Has the condition of the system been

�� evaluated and a report issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (5) Has the septic tank ever been pumped?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when?�� __�� [ ]NA

�� (6) Does the system have a pump?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (7) Does the system have a treatment unit such

�� as a sand filter or an aerobic unit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (8) *Is a service contract for routine

�� maintenance required for the system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (9) Are all components of the system located on

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� *Are there any sewage system problems or

�� needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Does your sewage system require on-site

�� pumping to another level?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 4.�� DWELLING INSULATION

�� A.� Is there insulation in the:

�� (1) Ceiling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Exterior walls?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Floors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any defective insulated doors or

�� windows?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 5.�� DWELLING STRUCTURE

�� *A. Has the roof leaked?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has it been repaired?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� B.� Are there any additions, conversions or

�� remodeling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, was a building permit required?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was a building permit obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was final inspection obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Are there smoke alarms or detectors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there carbon monoxide alarms?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is there a woodstove or fireplace

�� insert included in the sale?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, what is the make? __

�� *If yes, was it installed with a permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, is a certification label issued by the

�� United States Environmental Protection

�� Agency (EPA) or the Department of

�� Environmental Quality (DEQ) affixed to it?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has pest and dry rot, structural or

�� whole house� inspection been done

�� within the last three years?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any moisture problems, areas of water

�� penetration, mildew odors or other moisture

�� conditions (especially in the basement)?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, explain on attached sheet the frequency

�� and extent of problem and any insurance claims,

�� repairs or remediation done.

�� H.� Is there a sump pump on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� I.�� Are there any materials used in the

�� construction of the structure that are or

�� have been the subject of a recall, class

�� action suit, settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what are the materials? __

�� (1) Are there problems with the materials?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (2) Are the materials covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Have the materials been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (4) Have there ever been claims filed for these

�� materials by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, when? __

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (6) Were any of the materials repaired or

�� replaced?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 6.�� DWELLING SYSTEMS AND FIXTURES

�� If the following systems or fixtures are included

�� in the purchase price, are they in good working

�� order on the date this form is signed?

�� A.� Electrical system, including wiring, switches,

�� outlets and service�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Plumbing system, including pipes, faucets,

�� fixtures and toilets�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Water heater tank�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Garbage disposal�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� E.�� Built-in range and oven�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Built-in dishwasher�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� G.� Sump pump�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� H.� Heating and cooling systems�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� I.�� Security system [ ]Owned [ ]Leased�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� J.�� Are there any materials or products used in

�� the systems and fixtures that are or have

�� been the subject of a recall, class action

�� suit settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what product? ___

�� (1) Are there problems with the product?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Is the product covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Has the product been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) Have claims been filed for this product

�� by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when? ___

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (6) Were any of the materials or products repaired

�� or replaced?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 7.�� COMMON INTEREST

�� A.� Is there a Home Owners� Association

�� or other governing entity?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Name of Association or Other Governing

�� Entity ___

�� Contact Person ______

�� Address ____

�� Phone Number ______

�� B.� Regular periodic assessments: $_____

�� per [ ]Month [ ]Year [ ]Other

�� *C. Are there any pending or proposed special

�� assessments?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there shared �common areas� or joint

�� maintenance agreements for facilities like

�� walls, fences, pools, tennis courts, walkways

�� or other areas co-owned in undivided interest

�� with others?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is the Home Owners� Association or other

�� governing entity a party to pending litigation

�� or subject to an unsatisfied judgment?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Is the property in violation of recorded

�� covenants, conditions and restrictions or in

�� violation of other bylaws or governing rules,

�� whether recorded or not?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 8.�� SEISMIC

�� Was the house constructed before 1974?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has the house been bolted to its

�� foundation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 9.�� GENERAL

�� A.� Are there problems with settling, soil,

�� standing water or drainage on the property

�� or in the immediate area?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Does the property contain fill?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is there any material damage to the property or

�� any of the structure(s) from fire, wind, floods,

�� beach movements, earthquake, expansive soils

�� or landslides?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Is the property in a designated floodplain?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Note: Flood insurance may be required for

�� homes in a floodplain.

�� E.�� Is the property in a designated slide or

�� other geologic hazard zone?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has any portion of the property been tested

�� or treated for asbestos, formaldehyde, radon

�� gas, lead-based paint, mold, fuel or chemical

�� storage tanks or contaminated soil or water?�� [ ]Yes� [ ]No�� [ ]Unknown

�� G.� Are there any tanks or underground storage

�� tanks (e.g., septic, chemical, fuel, etc.)

�� on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� H.� Has the property ever been used as an illegal

�� drug manufacturing or distribution site?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, was a Certificate of Fitness issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 10. FULL DISCLOSURE BY SELLERS

�� *A. Are there any other material defects affecting

�� this property or its value that a prospective

�� buyer should know about?�� [ ]Yes� [ ]No

�� *If yes, describe the defect on attached sheet and

�� explain the frequency and extent of the problem

�� and any insurance claims, repairs or remediation.

�� B.� Verification:

�� The foregoing answers and attached explanations (if any) are complete and correct to

the best of my/our knowledge and I/we have received a copy of this disclosure statement.

I/we authorize my/our agents to deliver a copy of this disclosure statement to all

prospective buyers of the property or their agents.

�� Seller(s) signature:

�� SELLER ___ DATE __

II. BUYER�S ACKNOWLEDGMENT

A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects that are known to me/us or can be known by me/us by utilizing diligent attention and observation.

B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or of any real estate licensee engaged by the seller or buyer. A financial institution or real estate licensee is not bound by and has no liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in another party�s disclosure statement required by this section or any amendment to the disclosure statement.

C. Buyer (which term includes all persons signing the �buyer�s acknowledgment� portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller�s signature(s).

DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER�S PROPERTY DISCLOSURE STATEMENT.

BUYER ___ DATE __

Agent receiving disclosure statement on buyer�s behalf to sign and date:

Real Estate Licensee

Real Estate Firm

Date received by agent __

[2003 c.328 �3; 2007 c.30 �13; 2007 c.866 �8; 2009 c.387 �18; 2009 c.591 �14a; 2013 c.435 �1; 2017 c.147 �1; 2019 c.584 �1; 2023 c.9 �5; 2025 c.590 �15]

�� 105.465 Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement. (1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870:

�� (a) Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer or the buyer�s spouse, parent or child:

�� (A) Real property consisting of or improved by one to four dwelling units;

�� (B) A condominium unit as defined in ORS 100.005 and not subject to disclosure under ORS 100.705;

�� (C) A timeshare property as defined in ORS 94.803 and not subject to disclosure under ORS

ORS 105.810

105.810, it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the land of the defendant or the land of the person in whose service or by whose direction the act was done, or that the tree or timber was taken from unenclosed woodland for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall be given for double damages.

�� (2) A judgment for the costs of litigation and reforestation as provided in ORS 105.810 shall be in addition to and not in lieu of a judgment for damages under this section.

�� (3) This section does not apply to a contract logger if the contract logger is subject only to actual damages under ORS 105.810 (4). [Amended by 1995 c.721 �2; 1999 c.544 �2]

�� 105.820 Remedy of tenants in common. A tenant in common may maintain any proper action, suit or proceeding against a cotenant for receiving more than the just proportion of the rents or profits of the estate owned by them in common.

�� 105.825 Action for injury to inheritance. A person seised of an estate in remainder or reversion may maintain a civil action for any injury to the inheritance, notwithstanding the presence of an intervening estate for life or years.

�� 105.830 [1981 c.841 �1; repealed by 1989 c.693 �21]

�� 105.831 Damages for injury to mining claim. If a court finds that a person has intentionally damaged or removed mining equipment or has intentionally removed or injured minerals, soil, gravel, sand, trees or shrubs located within the mining claim of another person, the court shall award actual damages to such other person, including any liability of such other person to third persons resulting from such damage, removal or injury. In an appropriate case, the court may award punitive damages to such other person. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1989 c.1049 �2; 1995 c.618 �56]

�� 105.834 Owner�s immunity from liability for theft of metal property. (1) As used in this section, �owner� means a person, including a tenant, lessee, occupant or other person, that possesses an interest in land, including but not limited to a possession of a fee title.

�� (2) An owner of land is not liable for personal injury, death or property damage that arises out of:

�� (a) Theft or attempted theft of metal property as defined in ORS 165.116 from the owner�s land; or

�� (b) A hazardous condition that results from theft or attempted theft of metal property as defined in ORS 165.116 from the owner�s land when the owner did not know or could not reasonably have known of the hazardous condition.

�� (3) The immunities provided under this section apply to:

�� (a) Public and private land;

�� (b) Roads, bodies of water, watercourses, rights of way, buildings and fixtures or structures on the owner�s land; and

�� (c) Machinery or equipment on the owner�s land.

�� (4) This section does not create or impose a duty of care upon an owner or possessor of land that would not otherwise exist under common law. [2009 c.811 �10]

�� 105.835 [1981 c.841 �2; repealed by 1989 c.693 �21]

CARBON MONOXIDE ALARMS IN DWELLINGS

�� 105.836 Definitions for ORS 105.836 to 105.842 and 476.725. As used in ORS 105.836 to 105.842 and 476.725, unless the context requires otherwise:

�� (1) �Carbon monoxide alarm� means a device that:

�� (a) Detects carbon monoxide;

�� (b) Produces a distinctive audible alert when carbon monoxide is detected;

�� (c) Conforms to State Fire Marshal rules;

�� (d) Is listed by Underwriters Laboratories or any other nationally recognized testing laboratory or an equivalent organization; and

�� (e) Operates as a distinct unit or as two or more single station units wired to operate in conjunction with each other.

�� (2) �Carbon monoxide source� means:

�� (a) A heater, fireplace, appliance or cooking source that uses coal, kerosene, petroleum products, wood or other fuels that emit carbon monoxide as a by-product of combustion; or

�� (b) An attached garage with an opening that communicates directly with a living space.

�� (3) �Multifamily housing� means a building in which three or more residential units each have space for eating, living and sleeping and permanent provisions for cooking and sanitation.

�� (4) �One and two family dwelling� means a residential building that is regulated under the state building code as a one and two family dwelling. [2009 c.591 �1; 2011 c.42 �17]

�� 105.838 Carbon monoxide alarm in dwelling. (1) A person may not convey fee title to a one and two family dwelling or multifamily housing that contains a carbon monoxide source, or transfer possession under a land sale contract of a one and two family dwelling or multifamily housing that contains a carbon monoxide source, unless one or more properly functioning carbon monoxide alarms are installed in the dwelling or housing at locations that provide carbon monoxide detection for all sleeping areas of the dwelling or housing.

�� (2) A carbon monoxide alarm in a one and two family dwelling or multifamily housing described in subsection (1) of this section must be installed in conformance with applicable rules of the State Fire Marshal and in conformance with any applicable requirements of the state building code.

�� (3) Violation of this section or a rule adopted by the State Fire Marshal does not invalidate any sale or transfer of possession of a one and two family dwelling or multifamily housing. [2009 c.591 �2]

�� 105.840 Action by purchaser for failure of seller to install carbon monoxide alarm. A purchaser or transferee of a one and two family dwelling or multifamily housing who is aggrieved by a violation of ORS 105.838 or of a rule adopted under ORS 476.725 may bring an individual action in an appropriate court to recover the greater of actual damages or $250 per residential unit. In any action brought under this section, the court may award to a prevailing party, in addition to the relief provided in this section, reasonable attorney fees at trial and on appeal, and costs. Actions brought under this section must be commenced within one year after the date of sale or transfer. [2009 c.591 �3]

�� 105.842 Tampering with carbon monoxide alarm. (1) As used in this section, �tamper� includes, but is not limited to, the removal of working batteries.

�� (2) Except as otherwise provided in this section, a person may not remove or tamper with a carbon monoxide alarm installed in a one and two family dwelling or multifamily housing. This section does not prohibit the removal of, or tampering with, a carbon monoxide alarm:

�� (a) For the purpose of replacing a defective alarm or conforming the installation of the alarm with State Fire Marshal rules;

�� (b) In a dwelling or housing that is being demolished or converted to nonresidential use; or

�� (c) For the period that the removal or tampering is necessary for an active process of remodeling or renovating the installation location. [2009 c.591 �6]

�� 105.844 Short title. ORS 90.316,

ORS 183.410

183.410 to amend the state building code to:

�� (a) Require new building sites to be evaluated on a site specific basis for vulnerability to seismic geologic hazards if the sites are for structures that are:

�� (A) Major structures; or

�� (B) Designated under subsection (5) of this section as Tsunami Risk Category III or IV for design.

�� (b) Require a program for the installation of strong motions accelerographs in or near selected major buildings.

�� (c) Provide for the review of geologic and engineering reports for seismic design of new major structures or buildings that have been designated under subsection (5) of this section as Tsunami Risk Category III and IV for design.

�� (d) Provide for filing of noninterpretive seismic data from site evaluation in a manner accessible to the public.

�� (3) For the purpose of defraying the cost of applying the regulations in subsection (2) of this section, there is hereby imposed a surcharge in the amount of one percent of the total fees collected under the structural and mechanical specialty codes for major structures and buildings that have been designated under subsection (5) of this section as Tsunami Risk Category III or IV for design, which fees are retained by the jurisdiction enforcing the particular specialty code as provided in ORS 455.150 or enforcing a building inspection program under ORS

ORS 183.440

183.440, requiring the appearance of the witness before such officer.

�� (2) An agency may, by rule, prescribe other methods of discovery which may be used in proceedings before the agency. [1971 c.734 �14; 1975 c.759 �11; 1979 c.593 �19; 1997 c.837 �6]

�� 183.430 Hearing on refusal to renew license; exceptions. (1) In the case of any license which must be periodically renewed, where the licensee has made timely application for renewal in accordance with the rules of the agency, such license shall not be deemed to expire, despite any stated expiration date thereon, until the agency concerned has issued a formal order of grant or denial of such renewal. In case an agency proposes to refuse to renew such license, upon demand of the licensee, the agency must grant hearing as provided by this chapter before issuance of order of refusal to renew. This subsection does not apply to any emergency or temporary permit or license.

�� (2) In any case where the agency finds a serious danger to the public health or safety and sets forth specific reasons for such findings, the agency may suspend or refuse to renew a license without hearing, but if the licensee demands a hearing within 90 days after the date of notice to the licensee of such suspension or refusal to renew, then a hearing must be granted to the licensee as soon as practicable after such demand, and the agency shall issue an order pursuant to such hearing as required by this chapter confirming, altering or revoking its earlier order. Such a hearing need not be held where the order of suspension or refusal to renew is accompanied by or is pursuant to, a citation for violation which is subject to judicial determination in any court of this state, and the order by its terms will terminate in case of final judgment in favor of the licensee. [1957 c.717 �8 (3), (4); 1965 c.212 �1; 1971 c.734 �11]

�� 183.435 Period allowed to request hearing for license refusal on grounds other than test or inspection results. When an agency refuses to issue a license required to pursue any commercial activity, trade, occupation or profession if the refusal is based on grounds other than the results of a test or inspection that agency shall grant the person requesting the license 60 days from notification of the refusal to request a hearing. [Formerly 670.285]

�� 183.440 Subpoenas in contested cases. (1) An agency may issue subpoenas on its own motion in a contested case. In addition, an agency or hearing officer in a contested case may issue subpoenas upon the request of a party to a contested case upon a showing of general relevance and reasonable scope of the evidence sought. A party entitled to have witnesses on behalf of the party may have subpoenas issued by an attorney of record of the party, subscribed by the signature of the attorney. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the agency, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2).

�� (2) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the hearing officer, the agency or the party requesting the issuance of or issuing the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1957 c.717 �8 (2); 1971 c.734 �12; 1979 c.593 �20; 1981 c.174 �4; 1989 c.980 �10a; 1997 c.837 �3; 1999 c.849 �30]

�� 183.445 Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440. (1) In any proceeding before an agency not subject to ORS 183.440 in which a party is entitled to have subpoenas issued for the appearance of witnesses on behalf of the party, a subpoena may be issued by an attorney of record of the party, subscribed by the signature of the attorney. A subpoena issued by an attorney of record may be enforced in the same manner as a subpoena issued by the agency.

�� (2) In any proceeding before an agency not subject to ORS 183.440 in which a party is entitled to have subpoenas issued by the agency to compel the appearance of witnesses on behalf of the party, the agency may issue subpoenas on its own motion. [1981 c.174 �6; 1997 c.837 �4; 1999 c.849 �32]

�� 183.450 Evidence in contested cases. In contested cases:

�� (1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude agency action on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible. Agencies and hearing officers shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form.

�� (2) All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and except as provided in subsection (4) of this section no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position.

�� (3) Every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence. Persons appearing in a limited party status shall participate in the manner and to the extent prescribed by rule of the agency.

�� (4) The hearing officer and agency may take notice of judicially cognizable facts, and may take official notice of general, technical or scientific facts within the specialized knowledge of the hearing officer or agency. Parties shall be notified at any time during the proceeding but in any event prior to the final decision of material officially noticed and they shall be afforded an opportunity to contest the facts so noticed. The hearing officer and agency may utilize the hearing officer�s or agency�s experience, technical competence and specialized knowledge in the evaluation of the evidence presented.

�� (5) No sanction shall be imposed or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party, and as supported by, and in accordance with, reliable, probative and substantial evidence. [1957 c.717 �9; 1971 c.734 �15; 1975 c.759 �12; 1977 c.798 �3; 1979 c.593 �21; 1987 c.833 �1; 1995 c.272 �5; 1997 c.391 �1; 1997 c.801 �76; 1999 c.448 �5; 1999 c.849 �34]

�� 183.452 Representation of agencies at contested case hearings. (1) Agencies may, at their discretion, be represented at contested case hearings by the Attorney General.

�� (2) Notwithstanding ORS 9.160 and 9.320 and ORS chapter 180, and unless otherwise authorized by another law, an agency may be represented at contested case hearings by an officer or employee of the agency if:

�� (a) The Attorney General has consented to the representation of the agency by an agency representative in the particular hearing or in the class of hearings that includes the particular hearing; and

�� (b) The agency, by rule, has authorized an agency representative to appear on its behalf in the particular type of hearing being conducted.

�� (3) An agency representative acting under the provisions of this section may not give legal advice to an agency, and may not present legal argument in contested case hearings, except to the extent authorized by subsection (4) of this section.

�� (4) The officer presiding at a contested case hearing in which an agency representative appears under the provisions of this section may allow the agency representative to present evidence, examine and cross-examine witnesses, and make arguments relating to the:

�� (a) Application of statutes and rules to the facts in the contested case;

�� (b) Actions taken by the agency in the past in similar situations;

�� (c) Literal meaning of the statutes or rules at issue in the contested case;

�� (d) Admissibility of evidence; and

�� (e) Proper procedures to be used in the contested case hearing.

�� (5) Upon judicial review, no limitation imposed under this section on an agency representative is the basis for reversal or remand of agency action unless the limitation resulted in substantial prejudice to a party.

�� (6) The Attorney General may prepare model rules for agency representatives authorized under this section. [1999 c.448 �3]

�� Note: 183.452 was added to and made a part of 183.413 to 183.470 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

�� 183.453 Representation of Oregon Health Authority and Department of Human Services at contested case hearings. The Oregon Health Authority and the Department of Human Services may be represented at contested case hearings by an officer or employee of either the authority or the department, subject to the requirements of ORS 183.452. [2013 c.14 �1]

�� Note: 183.453 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 183.455 [1987 c.259 �3; repealed by 1999 c.448 �10]

�� 183.457 Representation of persons other than agencies participating in contested case hearings. (1) Notwithstanding ORS 8.690, 9.160 and 9.320, and unless otherwise authorized by another law, a person participating in a contested case hearing conducted by an agency described in this subsection may be represented by an attorney or by an authorized representative subject to the provisions of subsection (2) of this section. The Attorney General shall prepare model rules for proceedings with lay representation that do not have the effect of precluding lay representation. No rule adopted by a state agency shall have the effect of precluding lay representation. The agencies before which an authorized representative may appear are:

�� (a) The State Landscape Contractors Board in the administration of the Landscape Contractors Law.

�� (b) The State Department of Energy and the Energy Facility Siting Council.

�� (c) The Environmental Quality Commission and the Department of Environmental Quality.

�� (d) The Department of Consumer and Business Services for proceedings in which an insured appears pursuant to ORS 737.505.

�� (e) The Department of Consumer and Business Services and any other agency for the purpose of proceedings to enforce the state building code, as defined by ORS

ORS 195.505

195.505.

�� (b)(A) �Keeping warm and dry� means using measures necessary for an individual to survive outdoors given the environmental conditions.

�� (B) �Keeping warm and dry� does not include using any measure that involves fire or flame.

�� (c) �Public property� has the meaning given that term in ORS 131.705.

�� (2) Any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.

�� (3) It is an affirmative defense to a charge of violating a city or county law described in subsection (2) of this section that the law is not objectively reasonable.

�� (4) A person experiencing homelessness may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of a city or county law described in subsection (2) of this section. The action must be brought in the circuit court of the county that enacted the law or of the county in which the city that enacted the law is located.

�� (5) For purposes of subsections (2) and (3) of this section, reasonableness shall be determined based on the totality of the circumstances, including, but not limited to, the impact of the law on persons experiencing homelessness.

�� (6) In any suit brought pursuant to subsection (4) of this section, the court, in its discretion, may award reasonable attorney fees to a prevailing plaintiff if the plaintiff:

�� (a) Was not seeking to vindicate an interest unique to the plaintiff; and

�� (b) At least 90 days before the action was filed, provided written notice to the governing body of the city or county that enacted the law being challenged of an intent to bring the action and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law.

�� (7) Nothing in this section creates a private right of action for monetary damages for any person. [2021 c.370 �1]

�� Note: 195.530 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

MISCELLANEOUS

�� 195.850 Reporting local government boundary changes to certain mass transit districts. If changes in the urban growth boundary of a local government must be included in the boundaries of a mass transit district formed under ORS 267.107, the local government shall provide the mass transit district with a legal description of the urban growth boundary and changes to the urban growth boundary that consists of a series of courses in which the first course starts at a point of beginning and the final course ends at the point of beginning. [2001 c.138 �13b]

�� 195.860 Final engineering plans; deadline for local review; writ of mandamus authorized. (1) As used in this section, �final engineering plans� means the detailed engineering plans and reports for the design or construction of public and private infrastructure improvements that require review and approval following tentative plat approval by a local government before issuing site development permits, including plans and reports for the construction of public and private infrastructure improvements such as grading, water, sewer, stormwater, transportation systems and utilities.

�� (2) After receiving an application for final engineering plans for residential development within an urban growth boundary, a local government shall:

�� (a) Within 30 days, confirm that the application was complete when submitted or specify all additional materials that must be included for the application to be considered complete.

�� (b) Complete the final review of the final engineering plans and, following the receipt of applicable fees, forms and bonds, approve or deny site development permits for construction of all public and private infrastructure improvements, within 120 days after the date on which:

�� (A) The application is deemed complete under paragraph (a) of this subsection;

�� (B) The applicant has provided all materials specified under paragraph (a) of this subsection; or

�� (C) The applicant states that no additional materials are forthcoming.

�� (3) The review period for a local government to complete its review under subsection (2)(b) of this section:

�� (a) Is tolled during the time period beginning on the date on which a local government sends a direction to the applicant to correct or supplement the application and ending on the date on which the amended application is received by the local government.

�� (b) May be extended one or more times for a specified period at the written request of the applicant, provided that the total of all extensions does not exceed 245 days.

�� (4)(a) If the local government does not take final action on the application within the deadline provided under subsection (2)(b) of this section, including any extension under this section, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted.

�� (b) The local government shall retain jurisdiction to make a decision until a petition for a writ of mandamus is filed.

�� (c) Upon receiving a petition filed under ORS 34.130, the circuit court has jurisdiction for all decisions regarding the application, including settlement.

�� (d) The court shall issue a peremptory writ unless the local government or any intervenor shows that the approval of final engineering plans would violate a substantive provision of the local government�s regulations. [2025 c.330 �1]

�� Note: 195.860 becomes operative July 1, 2026. See section 6, chapter 330, Oregon Laws 2025.

�� Note: 195.860 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.870 Battery-charged fence; preemption of local laws. (1) As used in this section:

�� (a) �Alarm system� means any electrical, mechanical or electronic device or sensor used to prevent, detect or alert law enforcement or occupants of burglary, theft, or intrusion of a structure or a vehicle used as a commercial structure.

�� (b) �Battery-charged fence� means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by battery.

�� (c) �IEC standards� means the standards set by the International Electrotechnical Commission as most recently published on or before January 1, 2021.

�� (2) A battery-charged fence:

�� (a) Must use a battery that is not more than 12 volts of direct current;

�� (b) Must produce an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by IEC standards;

�� (c) Must be surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height;

�� (d) May not be higher than the greater of 10 feet in height or two feet higher than the height of the nonelectric perimeter fence or wall; and

�� (e) Must be marked with conspicuous warning signs that are located on the fence at not more than 30-foot intervals and that read: �WARNING: ELECTRIC FENCE.�

�� (3) Except as required by state building code, a local government, as defined in ORS 197.015, may not adopt or enforce any ordinance, land use regulation or building code for property not zoned or used for residential use that:

�� (a) Prohibits the installation or use of a battery-charged fence.

�� (b) Imposes installation or operational requirements inconsistent with IEC standards or this section for an alarm system or battery-charged fence.

�� (c) Requires a permit for the installation or use of a battery-charged fence that is additional to an alarm system permit issued by the local government. [2022 c.3 �1]

�� Note: 195.870 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.900 Local review of wind energy facility lighting requirements. The governing body of a county or city or its designee may not allow or permit a wind energy facility, as defined in ORS 195.902, unless the person seeking to develop or repower the wind energy facility provides proof that the person is in compliance with the requirements in ORS 195.902 (3)(a). [2025 c.74 �2]

�� Note: Section 3, chapter 74, Oregon Laws 2025, provides:

�� Sec. 3. Sections 1 [195.902] and 2 [195.900] of this 2025 Act apply to any wind energy facility, as defined in section 1 of this 2025 Act, for which a person applies, on or after January 1, 2028, to the Federal Aviation Administration for a determination of hazard or no hazard to air navigation with regard to the wind energy facility. [2025 c.74 �3]

�� Note: 195.900 and 195.902 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.902 Wind energy facility lighting requirements. (1) As used in this section:

�� (a) �Hub height� means the distance from the ground to the middle of a wind-powered turbine�s rotor.

�� (b) �Light-mitigating technology system� means a system approved by the Federal Aviation Administration that is capable of reducing the impact of obstruction lighting while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding collision with a structure or facility.

�� (c) �Maintenance� means activities to keep a wind energy facility in an efficient operating condition and that do not add to the value or extend the expected economic life or increase the nameplate capacity or energy output of the facility.

�� (d) �Person� means a developer, owner or operator.

�� (e) �Repower� means to replace all or substantially all of a wind energy facility for the purpose of extending the life of the facility, and the replacement is not part of routine maintenance.

�� (f) �Wind energy facility� means an electric power generating facility that is made up of five or more wind-powered turbines and one or more of the wind-powered turbines:

�� (A) Are required under Federal Aviation Administration regulations to have obstruction lights; or

�� (B) Have an obstruction light and a hub height that is 75 or more feet above the ground level.

�� (2) A wind energy facility may not commence operations or, following repowering, recommence operations unless the person developing or repowering the wind energy facility meets the requirements in subsection (3) of this section.

�� (3)(a) A person developing or repowering a wind energy facility who receives from the Federal Aviation Administration a determination of no hazard to air navigation with regard to the wind energy facility shall apply to the administration and, if applicable, the Federal Communications Commission, for approval for the installation and use of light-mitigating technology systems for the wind energy facility�s wind-powered turbines.

�� (b) If the administration issues a determination that the installation and use of a light-mitigation technology system is not a hazard to air navigation and, as applicable, the commission issues its approval, the person shall install and use light-mitigating technology systems on approved wind-powered turbines. The person shall install and begin using the light-mitigating technology systems:

�� (A) Within 24 months from the date the administration issues its determination;

�� (B) If applicable, within 24 months from the later of:

�� (i) The date the administration issues its determination; or

�� (ii) The date the commission issues its approval; or

�� (C) As soon as reasonably practicable after the date specified in subparagraph (A) or (B) of this paragraph if installation is delayed due to reasons outside of the person�s control.

�� (c) A person is not required to install or use a light-mitigating technology system on a wind-powered turbine if:

�� (A) The administration issues a determination that the installation or use of the light-mitigation technology system is a hazard to air navigation;

�� (B) The administration does not issue a determination within 12 months from the date the person submits the application to the administration;

�� (C) If applicable, the commission does not issue its approval for the installation and use of the light-mitigating technology system; or

�� (D) If applicable, the commission does not issue its approval within 12 months from the date the person submits the application to the commission.

�� (4) Nothing in this section shall require a person to carry out light mitigation in a manner that conflicts with an applicable federal law or regulation. [2025 c.74 �1]

�� Note: See notes under 195.900.

�� 195.912 Local review of transmission line upgrade. (1) As used in this section:

�� (a) �Electric company� means an electric company, as defined in ORS 757.600, that owns and operates a transmission system and sells more than 2 million megawatt hours of electricity in a calendar year.

�� (b) �Footprint� means an area that is being actively managed and is part of a right-of-way of an existing transmission line.

�� (c) �Transmission line� means any aboveground or underground electric transmission lines with a capacity of 57,000 volts or more, including the utility poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances and all related facilities required for the acceptance of electric services by the transmission lines.

�� (2) A decision on an application for an upgrade to an existing transmission line that is owned by an electric company shall be made, as provided in this section, by a local government with jurisdiction over the transmission line, provided that the upgrade:

�� (a) Is sited entirely within the existing transmission line�s utility right-of-way or private easement;

�� (b) Entails only the deployment, construction or installation of grid enhancing technologies, as defined in ORS 757.808, and associated modifications as required to meet current national electrical safety standards such as the National Electrical Safety Code, and not any other type of upgrade, expansion or improvement;

�� (c) Does not expand the footprint of any part of the transmission lines if sited within an area designated for a statewide land use planning goal related to natural resources, scenic and historic areas and open spaces or the Willamette River Greenway; and

�� (d) Does not include:

�� (A) Adding additional transmission lines or substations; or

�� (B) Modifications to substations or transformers unless they are within the footprint of the original substation or transformer.

�� (3) A decision on an application, as provided in this section, including a decision that determines whether the provisions of subsection (2) of this section apply:

�� (a) May be subject only to clear and objective standards, conditions and procedures;

�� (b) May be conditioned upon obtaining any necessary approvals by the State Department of Energy or federal government;

�� (c) Is not a land use decision, as defined in ORS 197.015;

�� (d) May not be subject to a public hearing; and

�� (e) May not be appealed except by writ of review under ORS 34.010 to 34.100. [2025 c.391 �4]

�� Note: 195.912 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORS 196.405

196.405, or the outer continental shelf;

�� (C) If located on the territorial sea or the outer continental shelf, is directly interconnected to the customer-generator�s premises;

�� (D) Can operate in parallel with an electric utility�s existing transmission and distribution facilities; and

�� (E) Is intended primarily to offset part or all of the customer-generator�s requirements for electricity.

�� (2) An electric utility that offers residential and commercial electric service:

�� (a) Shall allow net metering facilities to be interconnected using a standard meter that is capable of registering the flow of electricity in two directions.

�� (b) May at its own expense install one or more additional meters to monitor the flow of electricity in each direction.

�� (c) May not charge a customer-generator a fee or charge that would increase the customer-generator�s minimum monthly charge to an amount greater than that of other customers in the same rate class as the customer-generator. However, the Public Utility Commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, may authorize an electric utility to assess a greater fee or charge, of any type, if the electric utility�s direct costs of interconnection and administration of the net metering outweigh the distribution system, environmental and public policy benefits of allocating such costs among the electric utility�s entire customer base. The commission may authorize a public utility to assess a greater fee or charge under this paragraph only following notice and opportunity for public comment. The governing body of a municipal electric utility, electric cooperative or people�s utility district may assess a greater fee or charge under this paragraph only following notice and opportunity for comment from the customers of the utility, cooperative or district.

�� (3)(a) For a customer-generator, an electric utility shall measure the net electricity produced or consumed during the billing period in accordance with normal metering practices.

�� (b) If an electric utility supplies a customer-generator more electricity than the customer-generator feeds back to the electric utility during a billing period, the electric utility shall charge the customer-generator for the net electricity that the electric utility supplied.

�� (c) Except as provided in paragraph (d) of this subsection, if a customer-generator feeds back to an electric utility more electricity than the electric utility supplies the customer-generator during a billing period, the electric utility may charge the minimum monthly charge described in subsection (2) of this section but must credit the customer-generator for the excess kilowatt-hours generated during the billing period. An electric utility may value the excess kilowatt-hours at the avoided cost of the utility, as determined by the commission or the appropriate governing body. An electric utility that values the excess kilowatt-hours at the avoided cost shall bear the cost of measuring the excess kilowatt-hours, issuing payments and billing for the excess hours. The electric utility also shall bear the cost of providing and installing additional metering to measure the reverse flow of electricity.

�� (d) For the billing cycle ending in March of each year, or on such other date as agreed to by the electric utility and the customer-generator, any remaining unused kilowatt-hour credit accumulated during the previous year shall be granted to the electric utility for distribution to customers enrolled in the electric utility�s low-income assistance programs, credited to the customer-generator or dedicated for other use as determined by the commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, following notice and opportunity for public comment.

�� (4)(a) A net metering facility shall meet all applicable safety and performance standards established in the state building code. The standards shall be consistent with the applicable standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers and Underwriters Laboratories or other similarly accredited laboratory.

�� (b) Following notice and opportunity for public comment, the commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, may adopt additional control and testing requirements for customer-generators to protect public safety or system reliability.

�� (c) An electric utility may not require a customer-generator whose net metering facility meets the standards in paragraphs (a) and (b) of this subsection to comply with additional safety or performance standards, perform or pay for additional tests or purchase additional liability insurance. However, an electric utility shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a net metering facility, or for the acts or omissions of the customer-generator that cause loss or injury, including death, to any third party.

�� (5) Nothing in this section is intended to prevent an electric utility from offering, or a customer-generator from accepting, products or services related to the customer-generator�s net metering facility that are different from the net metering services described in this section.

�� (6) The commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, may not limit the cumulative generating capacity of solar, wind, geothermal, renewable marine, fuel cell and microhydroelectric net metering systems to less than one-half of one percent of a utility�s, cooperative�s or district�s historic single-hour peak load. After a cumulative limit of one-half of one percent has been reached, the obligation of a public utility, municipal electric utility, electric cooperative or people�s utility district to offer net metering to a new customer-generator may be limited by the commission or governing body in order to balance the interests of retail customers. When limiting net metering obligations under this subsection, the commission or the governing body shall consider the environmental and other public policy benefits of net metering systems. The commission may limit net metering obligations under this subsection only following notice and opportunity for public comment. The governing body of a municipal electric utility, electric cooperative or people�s utility district may limit net metering obligations under this subsection only following notice and opportunity for comment from the customers of the utility, cooperative or district.

�� (7) The commission or the governing body may adopt rules or ordinances to ensure that the obligations and costs associated with net metering apply to all power suppliers within the service territory of a public utility, municipal electric utility, electric cooperative or people�s utility district.

�� (8) This section applies only to net metering facilities that have a generating capacity of 25 kilowatts or less, except that the commission by rule may provide for a higher limit for customers of a public utility.

�� (9) Notwithstanding subsections (2) to (8) of this section, an electric utility serving fewer than 25,000 customers in Oregon that has its headquarters located in another state and offers net metering services or a substantial equivalent offset against retail sales in that state shall be deemed to be in compliance with this section if the electric utility offers net metering services to its customers in Oregon in accordance with tariffs, schedules and other regulations promulgated by the appropriate authority in the state where the electric utility�s headquarters are located. [1999 c.944 �2; 2005 c.145 �1; 2013 c.648 �5; 2014 c.33 �1]

MICROGRIDS

�� 757.302 Regulatory framework allowing microgrids and community microgrids within service territories of electric companies. (1) As used in this section:

�� (a) �Community-based organization� means an organization with demonstrated efficacy that is representative of a community or specific segments of a community and serves to meet the community�s needs.

�� (b) �Community microgrid� means a microgrid that is located within a geographical area that a local government designates as a microgrid zone under ORS 197.729.

�� (c) �Electric company� has the meaning given that term in ORS 757.600.

�� (d) �Front-of-meter� means the utility side of a transmission or distribution system in reference to a customer�s meter.

�� (e) �Microgrid� means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that functions as a single controllable system, irrespective of whether the microgrid is operating independently of or in conjunction with an electric grid.

�� (f) �Microgrid operator� means an entity that is identified as having responsibility for overseeing the coordination of a microgrid�s interconnected loads and distributed energy resources and representing the interests of the microgrid participants in interactions with an electric company.

�� (2) The Public Utility Commission shall conduct an investigation and establish a regulatory framework for allowing the ownership, deployment and use of microgrids and community microgrids within the service territories of electric companies.

�� (3) The regulatory framework established under this section must:

�� (a) Take into consideration the benefits and constraints of deploying microgrids and community microgrids.

�� (b) Take into consideration the role of microgrids and community microgrids in supporting economic growth, innovations around zero emissions energy and reliable electricity service.

�� (c) Take into consideration different approaches to designing, deploying and operating microgrids or community microgrids that serve a single customer or multiple customers.

�� (d) Provide for interconnection standards and requirements.

�� (e) Provide for safety and performance standards.

�� (f) Utilize an application and approval process that is accessible.

�� (g) Include a framework for compensation and cost allocation that recognizes the value microgrids and community microgrids provide to all electricity customers, the electric grid and local users of the electric grid. The framework for compensation and allocation must take into consideration:

�� (A) The reliability and resilience services that a microgrid or community microgrid provides to a transmission or distribution system and to a community in which the microgrid or community microgrid is located.

�� (B) A microgrid or community microgrid�s ability to operate in parallel to a transmission or distribution system as a resource pursuant to a tariff rate.

�� (h) Include a methodology for compensating an owner, subscriber or developer of a microgrid or community microgrid for the value that the microgrid or community microgrid provides. The methodology must:

�� (A) Incorporate the value of lost load during a public safety power shutoff; and

�� (B) Include a schedule of avoided costs of a utility that reflects the value of the energy generated or saved by a microgrid or community microgrid.

�� (i) Allow excess energy generated by a microgrid or community microgrid to be sold to a utility on a nondiscriminatory basis.

�� (j) Subject to ORS 757.300, the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 2601 to 2645, and an electric company�s technical feasibility and system reliability requirements, allow an owner or microgrid operator of a microgrid or community microgrid to incorporate front-of-meter energy resources that are owned or operated by a utility, third-party developer, local or tribal government or community-based organization.

�� (k) Allow an electric company to partner with municipalities, businesses or communities to develop microgrids that improve resilience or mitigate the need for infrastructure upgrades.

�� (L) Provide for a standard for reasonable shared costs for community energy resilience that is provided by a community microgrid that allow for owners or microgrid operators of a community microgrid to recover the costs for designing, constructing or maintaining the community microgrid from customers who use:

�� (A) The microgrid;

�� (B) The distribution system located within a microgrid zone designated under ORS

ORS 197.610

197.610 to 197.625.

�� (5) This section does not apply to:

�� (a) Any plan amendment for which an exception is required under ORS 197.732; or

�� (b) Except as provided under subsection (6) of this section, any lands designated under a statewide planning goal addressing agricultural lands or forestlands.

�� (6)(a) If a county is acting on the remand of a decision from the Land Use Board of Appeals, the county governing body may authorize the planning commission or hearings officer to conduct hearings and make a decision under subsection (1) of this section for lands designated under a statewide planning goal addressing agricultural lands or forestlands.

�� (b) The county governing body shall review a planning commission or hearings officer decision made under this subsection and shall:

�� (A) Schedule a public hearing and issue a final decision on the application;

�� (B) Leave the planning commission or hearings officer decision as the final county decision; or

�� (C) Adopt the planning commission or hearings officer decision by consent order as the decision of the governing body. [1987 c.729 �20; 2018 c.117 �1]

�� 215.433 Supplemental application for remaining permitted uses following denial of initial application. (1) A person whose application for a permit is denied by the governing body of a county or its designee under ORS 215.427 may submit to the county a supplemental application for any or all other uses allowed under the county�s comprehensive plan and land use regulations in the zone that was the subject of the denied application.

�� (2) The governing body of a county or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within 240 days after the application is deemed complete. Except that 240 days shall substitute for 120 days or 150 days, as appropriate, all other applicable provisions of ORS 215.427 shall apply to a supplemental application submitted under this section.

�� (3) A supplemental application submitted under this section shall include a request for any rezoning or zoning variance that may be required to issue a permit under the county�s comprehensive plan and land use regulations.

�� (4) The governing body of the county or its designee shall adopt specific findings describing the reasons for approving or denying:

�� (a) A use for which approval is sought under this section; and

�� (b) A rezoning or variance requested in the application. [1999 c.648 �2; 1999 c.648 �2a]

�� 215.435 Deadline for final action by county on remand of land use decision; exception. (1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a county, the governing body of the county or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsection, the effective date of the final order is the last day for filing a petition for judicial review of a final order of the board under ORS 197.850 (3). If judicial review of a final order of the board is sought under ORS 197.830, the 120-day period established under this subsection shall not begin until final resolution of the judicial review.

�� (2)(a) In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the county proceed with the application on remand, but if the county does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the county shall deem the application terminated.

�� (b) The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day period. The county shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension.

�� (3) The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the county.

�� (4) Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the county making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610. [1999 c.545 �2; 2011 c.280 �11; 2015 c.522 �1]

�� 215.437 Writ of mandamus authorized after deadline following remand of land use decision. (1) If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled.

�� (2) A writ of mandamus issued under this section shall order the governing body of the county or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.

�� (3) In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section. [1999 c.545 �3; 2015 c.522 �2]

PERMITTED USES IN ZONES

�� 215.438 Transmission towers; location; conditions. The governing body of a county or its designate may allow a transmission tower over 200 feet in height to be established in any zone subject to reasonable conditions imposed by the governing body or its designate. [1983 c.827 �23a]

�� 215.439 Solar energy systems in residential or commercial zones. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

�� (2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.

�� (3) Approval of a permit application under ORS 215.402 to 215.438 is, notwithstanding the definition of �permit� in ORS 215.402, a ministerial function if:

�� (a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and

�� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

�� (4) As part of the permit approval process, a county:

�� (a) May not charge a fee pursuant to ORS 215.416 for processing a permit;

�� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

�� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

�� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

�� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

�� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

�� (c) Located in an area designated as a significant scenic resource unless the material used is:

�� (A) Designated as anti-reflective; or

�� (B) Eleven percent or less reflective.

�� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �1]

�� Note: 215.439 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.440 [1955 c.682 �3; repealed by 1971 c.13 �1]

�� 215.441 Use of real property for religious activities. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

�� (a) Worship services.

�� (b) Religion classes.

�� (c) Weddings.

�� (d) Funerals.

�� (e) Meal programs.

�� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

�� (2) A county may:

�� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review or design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

�� (b) Prohibit or restrict the use of real property by a place of worship described in subsection (1) of this section if the county finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

�� (3) Notwithstanding any other provision of this section, a county may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �2; 2017 c.745 �7; 2019 c.640 �19; 2021 c.385 �4; 2021 c.446 �4; 2025 c.267 �1]

�� 215.445 Use of private property for mobile medical clinic. (1) As used in this section:

�� (a) �Health professional� means a person licensed or certified by the:

�� (A) Oregon Medical Board;

�� (B) Oregon Board of Dentistry; or

�� (C) Oregon State Board of Nursing.

�� (b) �Health services� means the services that a health professional is licensed or certified to provide.

�� (c) �Local government� has the meaning given that term in ORS 174.116.

�� (d) �Mobile medical clinic� means a vehicle or a transportable structure that is:

�� (A) Designed to serve as a facility suitable for the provision of health services; and

�� (B) In use by a health professional to provide health services to the public.

�� (e) �Nonprofit� means a corporation organized under and subject to the provisions of ORS chapter 65.

�� (2) A local government may not prohibit a nonprofit mobile medical clinic from:

�� (a) Being located on private property with the permission of the owner of the private property; and

�� (b) Staying in one location for 180 days or less. [2015 c.142 �1]

�� Note: 215.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.446 Renewable energy facility; application; standards; notices. (1) As used in this section:

�� (a) �Average electric generating capacity� has the meaning given that term in ORS 469.300.

�� (b) �Energy generation area� has the meaning given that term in ORS 469.300.

�� (c) �Renewable energy facility� means:

�� (A) A solar photovoltaic power generation facility using:

�� (i) More than 100 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

�� (ii) More than 100 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (iii) More than 320 acres but not more than 3,840 acres located on any other land.

�� (B) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 50 megawatts if the power is produced from geothermal energy at a single plant or within a single energy generation area.

�� (C) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 100 megawatts if the power is produced from wind energy at a single energy facility or within a single energy generation area.

�� (2) An application for a land use permit to establish a renewable energy facility must be made under ORS 215.416. An applicant must demonstrate to the satisfaction of the county that the renewable energy facility meets the standards under subsection (3) of this section.

�� (3) In order to issue a permit, the county shall require that the applicant:

�� (a)(A) Consult with the State Department of Fish and Wildlife, prior to submitting a final application to the county, regarding fish and wildlife habitat impacts and any mitigation plan that is necessary;

�� (B) Conduct a habitat assessment of the proposed development site;

�� (C) Develop a mitigation plan to address significant fish and wildlife habitat impacts consistent with the administrative rules adopted by the State Fish and Wildlife Commission for the purposes of implementing ORS 496.012; and

�� (D) Follow administrative rules adopted by the State Fish and Wildlife Commission and rules adopted by the Land Conservation and Development Commission to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18.

�� (b) Demonstrate that the construction and operation of the renewable energy facility, taking into account mitigation, will not result in significant adverse impacts to historic, cultural and archaeological resources that are:

�� (A) Listed on the National Register of Historic Places under the National Historic Preservation Act (P.L. 89-665, 54 U.S.C. 300101 et seq.);

�� (B) Inventoried in a local comprehensive plan; or

�� (C) Evaluated as a significant or important archaeological object or archaeological site, as those terms are defined in ORS 358.905.

�� (c) Demonstrate that the site for a renewable energy facility, taking into account mitigation, can be restored adequately to a useful, nonhazardous condition following permanent cessation of construction or operation of the facility and that the applicant has a reasonable likelihood of obtaining financial assurances in a form and amount satisfactory to the county to secure restoration of the site to a useful, nonhazardous condition.

�� (d) Meet the general and specific standards for a renewable energy facility adopted by the Energy Facility Siting Council under ORS 469.470 (2) and 469.501 that the county determines are applicable.

�� (e) Provide the financial assurances described in paragraph (c) of this subsection in the form and at the time specified by the county.

�� (f) For a renewable energy facility that is a solar photovoltaic power generation facility using the number of acres described in subsection (4) of this section, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

�� (g) For a renewable energy facility that is an electric power generating plant with an average electric generating capacity of at least 50 megawatts but less than 100 megawatts that produces the power from wind energy at a single energy facility or within a single energy generation area, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

�� (4) The requirements in subsection (3)(f) of this section apply to a solar photovoltaic power generation facility using:

�� (a) More than 160 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

�� (b) More than 1,280 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (c) More than 1,920 acres but not more than 3,840 acres located on any other land.

�� (5) Upon receipt of a reasonable cost estimate from the state agency or tribe, the applicant and county may jointly enter into a cost reimbursement agreement administered by the county with:

�� (a) The State Department of Fish and Wildlife to receive comments under subsection (3)(a) of this section.

�� (b) The State Historic Preservation Officer or any affected federally recognized Indian tribe to receive comments under subsection (3)(b) of this section.

�� (c) The State Department of Energy to receive comments under subsection (3)(c) and (d) of this section as well as comments regarding other matters as the county may require.

�� (6) A county that receives an application for a permit under this section shall, upon receipt of the application, provide notice to persons listed in subsection (7) of this section. The notice must include, at a minimum:

�� (a) A description of the proposed renewable energy facility;

�� (b) A description of the lots or parcels subject to the permit application;

�� (c) The dates, times and locations where public comments or public testimony on the permit application can be submitted; and

�� (d) The contact information for the governing body of the county and the applicant.

�� (7) The notice required under subsection (6) of this section must be delivered to:

�� (a) The State Department of Fish and Wildlife;

�� (b) The State Department of Energy;

�� (c) The State Historic Preservation Officer;

�� (d) The Oregon Department of Aviation;

�� (e) The United States Department of Defense; and

�� (f) Federally recognized Indian tribes that may be affected by the application. [2019 c.650 �4; 2021 c.60 �1; 2023 c.336 �1; 2025 c.162 �3]

�� 215.447 Photovoltaic solar power generation facilities on high-value farmland. (1) As used in this section, �photovoltaic solar power generation facility� means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity.

�� (2) A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS 195.300 (10)(f)(C), provided the land:

�� (a) Is not located within the boundaries of an irrigation district;

�� (b) Is not at the time of the facility�s establishment, and was not at any time during the 20 years immediately preceding the facility�s establishment, the place of use of a water right permit, certificate, decree, transfer order or ground water registration authorizing the use of water for the purpose of irrigation;

�� (c) Is located within the service area of an electric utility described in ORS 469A.052 (2);

�� (d) Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS

ORS 197.860

197.860�� Stay of proceedings to allow mediation

GENERAL PROVISIONS

�� 197.005 Legislative findings. The Legislative Assembly finds that:

�� (1) Uncoordinated use of lands within this state threatens the orderly development, the environment of this state and the health, safety, order, convenience, prosperity and welfare of the people of this state.

�� (2) To promote coordinated administration of land uses consistent with comprehensive plans adopted throughout the state, it is necessary to establish a process for the review of state agency, city, county and special district land conservation and development plans for compliance with goals.

�� (3) Except as otherwise provided in subsection (4) of this section, cities and counties should remain as the agencies to consider, promote and manage the local aspects of land conservation and development for the best interests of the people within their jurisdictions.

�� (4) The promotion of coordinated statewide land conservation and development requires the creation of a statewide planning agency to prescribe planning goals and objectives to be applied by state agencies, cities, counties and special districts throughout the state.

�� (5) City and county governments are responsible for the development of local comprehensive plans. The purpose of ORS 195.065, 195.070 and 195.075 is to enhance coordination among cities, counties and special districts to assure effectiveness and efficiency in the delivery of urban services required under those local comprehensive plans. [1973 c.80 �1; 1977 c.664 �1; 1981 c.748 �21; 1993 c.804 �2a; 1999 c.348 �1]

�� 197.010 Policy. The Legislative Assembly declares that:

�� (1) In order to ensure the highest possible level of livability in Oregon, it is necessary to provide for properly prepared and coordinated comprehensive plans for cities and counties, regional areas and the state as a whole. These comprehensive plans:

�� (a) Must be adopted by the appropriate governing body at the local and state levels;

�� (b) Are expressions of public policy in the form of policy statements, generalized maps and standards and guidelines;

�� (c) Shall be the basis for more specific rules and land use regulations which implement the policies expressed through the comprehensive plans;

�� (d) Shall be prepared to assure that all public actions are consistent and coordinated with the policies expressed through the comprehensive plans; and

�� (e) Shall be regularly reviewed and, if necessary, amended to keep them consistent with the changing needs and desires of the public they are designed to serve.

�� (2)(a) The overarching principles guiding the land use program in the State of Oregon are to:

�� (A) Provide a healthy environment;

�� (B) Sustain a prosperous economy;

�� (C) Ensure a desirable quality of life; and

�� (D) Equitably allocate the benefits and burdens of land use planning.

�� (b) Additionally, the land use program should, but is not required to, help communities achieve sustainable development patterns and manage the effects of climate change.

�� (c) The overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection provide guidance to:

�� (A) The Legislative Assembly when enacting a law regulating land use.

�� (B) A public body, as defined in ORS 174.109, when the public body:

�� (i) Adopts or interprets goals, comprehensive plans and land use regulations implementing the plans, or administrative rules implementing a provision of ORS chapter 195, 196, 197, 197A, 215 or 227; or

�� (ii) Interprets a law governing land use.

�� (d) Use of the overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection is not a legal requirement for the Legislative Assembly or other public body and is not judicially enforceable.

�� (3) The equitable balance between state and local government interests can best be achieved by resolution of conflicts using alternative dispute resolution techniques such as mediation, collaborative planning and arbitration. Such dispute resolution techniques are particularly suitable for conflicts arising over periodic review, comprehensive plan and land use regulations, amendments, enforcement issues and local interpretation of state land use policy. [1973 c.80 �2; 1981 c.748 �21a; 1993 c.792 �48; 2009 c.873 �1]

�� 197.012 Compact urban development. In areas of the state that are growing rapidly, state agencies, as defined in ORS 171.133, cities and counties should, within constraints of applicable federal law and regulations, state law and rules and local ordinances:

�� (1) Consider directing major public infrastructure investments, including major transportation investments, to reinforce compact urban development; and

�� (2) Consider giving priority to investments that promote infill or redevelopment of existing urban areas to encourage the density necessary to support alternative modes of transportation. [2009 c.873 �14]

�� Note: 197.012 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 197.013 Implementation and enforcement are of statewide concern. Implementation and enforcement of acknowledged comprehensive plans and land use regulations are matters of statewide concern. [1981 c.884 �7]

�� 197.015 Definitions for ORS chapters 195, 196, 197 and 197A. As used in ORS chapters 195, 196, 197 and 197A, unless the context requires otherwise:

�� (1) �Acknowledgment� means a commission order that certifies that a comprehensive plan and land use regulations, land use regulation or plan or regulation amendment complies with the goals or certifies that Metro land use planning goals and objectives, Metro regional framework plan, amendments to Metro planning goals and objectives or amendments to the Metro regional framework plan comply with the goals.

�� (2) �Board� means the Land Use Board of Appeals.

�� (3) �Carport� means a stationary structure consisting of a roof with its supports and not more than one wall, or storage cabinet substituting for a wall, and used for sheltering a motor vehicle.

�� (4) �Commission� means the Land Conservation and Development Commission.

�� (5) �Comprehensive plan� means a generalized, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water systems, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. �Comprehensive� means all-inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. �General nature� means a summary of policies and proposals in broad categories and does not necessarily indicate specific locations of any area, activity or use. A plan is �coordinated� when the needs of all levels of governments, semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible. �Land� includes water, both surface and subsurface, and the air.

�� (6) �Department� means the Department of Land Conservation and Development.

�� (7) �Director� means the Director of the Department of Land Conservation and Development.

�� (8) �Goals� means the mandatory statewide land use planning standards adopted by the commission pursuant to ORS chapters 195, 196, 197 and 197A.

�� (9) �Guidelines� means suggested approaches designed to aid cities and counties in preparation, adoption and implementation of comprehensive plans in compliance with goals and to aid state agencies and special districts in the preparation, adoption and implementation of plans, programs and regulations in compliance with goals. Guidelines are advisory and do not limit state agencies, cities, counties and special districts to a single approach.

�� (10) �Land use decision�:

�� (a) Includes:

�� (A) A final decision or determination made by a local government or special district that concerns the adoption, amendment or application of:

�� (i) The goals;

�� (ii) A comprehensive plan provision;

�� (iii) A land use regulation; or

�� (iv) A new land use regulation;

�� (B) A final decision or determination of a state agency other than the commission with respect to which the agency is required to apply the goals;

�� (C) A decision of a county planning commission made under ORS 433.763; or

�� (D) An expedited land division under ORS 197A.140;

�� (b) Does not include a decision of a local government:

�� (A) That is made under land use standards that do not require interpretation or the exercise of policy or legal judgment;

�� (B) That approves or denies a building permit issued under clear and objective land use standards;

�� (C) That is a limited land use decision;

�� (D) That determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility that is otherwise authorized by and consistent with the comprehensive plan and land use regulations;

�� (E) That approves, pursuant to ORS 480.450 (7), the siting, installation, maintenance or removal of a liquefied petroleum gas container or receptacle regulated exclusively by the State Fire Marshal under ORS 480.410 to 480.460;

�� (F) That approves or denies approval of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan; or

�� (G) That a proposed state agency action subject to ORS 197.180 (1) is compatible with the acknowledged comprehensive plan and land use regulations implementing the plan, if:

�� (i) The local government has already made a land use decision authorizing a use or activity that encompasses the proposed state agency action;

�� (ii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action is allowed without review under the acknowledged comprehensive plan and land use regulations implementing the plan; or

�� (iii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action requires a future land use review under the acknowledged comprehensive plan and land use regulations implementing the plan;

�� (c) Does not include a decision by a school district to close a school;

�� (d) Does not include, except as provided in ORS 215.213 (13)(c) or 215.283 (6)(c), authorization of an outdoor mass gathering as defined in ORS 433.735, or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period; and

�� (e) Does not include:

�� (A) A writ of mandamus issued by a circuit court in accordance with ORS 215.429 or 227.179;

�� (B) Any local decision or action taken on an application subject to ORS 215.427 or 227.178 after a petition for a writ of mandamus has been filed under ORS 215.429 or

ORS 199.462

199.462 or the procedural rules of the commission, the boundary commission, by order, shall disapprove the annexation plan and return the plan to the governing body of the city or district. The order of the boundary commission that disapproves an annexation plan shall describe with particularity the provisions of the annexation plan that do not comply with ORS 195.220, 199.462 or the procedural rules of the commission and shall specifically indicate the reasons for noncompliance.

�� (3) The governing body of the city or district, upon receiving an order of the boundary commission that disapproves an annexation plan, may amend the plan and resubmit the amended plan to the boundary commission.

�� (4) After a boundary commission reviews an annexation plan, the annexation plan shall be submitted to the electors of the city or district and affected territory as provided in ORS 195.205.

�� (5) Notwithstanding ORS chapter 199, annexations provided for in an annexation plan approved by the electors of a city or district and affected territory do not require the approval of a local government boundary commission.

�� (6) A city or district shall submit an annexation plan approved by the electors and a copy of the resolution, ordinance, order or proclamation proclaiming an annexation under an approved annexation plan to the local government boundary commission filing with the Secretary of State, Department of Revenue, assessor and county clerk of each county in which the affected territory is located. [1993 c.804 �17]

�� 195.235 Application of other annexation procedures. The method of annexing territory to cities or districts set forth in ORS 195.205 to 195.225 is in addition to and does not affect or prohibit other methods of annexation authorized by law. [1993 c.804 �18]

LANDSLIDE HAZARD AREAS

�� 195.250 Definitions for ORS 195.250 to 195.260. As used in ORS 195.250 to 195.260:

�� (1) �Further review area� means an area of land within which further site specific review should occur before land management or building activities begin because either the State Department of Geology and Mineral Industries or the State Forestry Department determines that the area reasonably could be expected to include sites that experience rapidly moving landslides as a result of excessive rainfall.

�� (2) �Landslide� means any detached mass of soil, rock or debris that is of sufficient size to cause damage and that moves down a slope or a stream channel.

�� (3) �Rapidly moving landslide� means a landslide that is difficult for people to outrun or escape. [1999 c.1103 �1]

�� Note: 195.250 to 195.260 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.253 Policy. The Legislative Assembly declares that it is the policy of the State of Oregon that:

�� (1) Each property owner, each highway user and all federal, state and local governments share the responsibility for making sound decisions regarding activities that may affect landslide hazards and the associated risks of property damage or personal injury.

�� (2) In keeping with the concept of shared responsibility where individuals are primarily responsible for making sound decisions to protect personal interests, regulation applied pursuant to ORS 195.250 to 195.260 shall be restricted to reducing the risk of serious bodily injury or death that may result from rapidly moving landslides.

�� (3) In recognition of the need for consistent treatment and coordination of actions relating to rapidly moving landslides and because of the potential for serious bodily injury or death as a result of rapidly moving landslides and the effect of rapidly moving landslides on the ability of people to use their property, ORS 195.250 to 195.260 shall be regarded as the controlling policy of this state for rapidly moving landslides. [1999 c.1103 �2]

�� Note: See note under 195.250.

�� 195.256 Legislative findings. The Legislative Assembly finds that:

�� (1) Many locations in Oregon are subject to naturally occurring landslide hazards, and some human activities may accelerate the incidence or increase the adverse effects of those hazards.

�� (2) Rapidly moving landslides present the greatest risk to human life, and persons living in or traveling through areas prone to rapidly moving landslides are at increased risk of serious bodily injury or death.

�� (3) Although some risk from rapidly moving landslides can be mitigated through proper siting and construction techniques, sites that are vulnerable to impact from rapidly moving landslides are generally unsuitable for permanent habitation.

�� (4) Activities that require sound decisions to mitigate rapidly moving landslide hazards and risks include but are not limited to:

�� (a) Siting or constructing homes or other structures in areas prone to rapidly moving landslides;

�� (b) Occupying existing homes or other structures in areas prone to rapidly moving landslides during periods of high risk due to heavy or extended rainfall;

�� (c) Conducting land management activities that may adversely alter the susceptibility of land to rapidly moving landslides; and

�� (d) Operating motor vehicles in areas known to be subject to rapidly moving landslides. [1999 c.1103 �3]

�� Note: See note under 195.250.

�� 195.260 Duties of local governments, state agencies and landowners in landslide hazard areas. (1) In order to reduce the risk of serious bodily injury or death resulting from rapidly moving landslides, a local government:

�� (a) Shall exercise all available authority to protect the public during emergencies, consistent with ORS 401.032.

�� (b) May require a geotechnical report and, if a report is required, shall provide for a coordinated review of the geotechnical report by the State Department of Geology and Mineral Industries or the State Forestry Department, as appropriate, before issuing a building permit for a site in a further review area.

�� (c) Except those structures exempt from building codes under ORS 455.310 and 455.315, shall amend its land use regulations, or adopt new land use regulations, to regulate the siting of dwellings and other structures designed for human occupancy, including those being restored under ORS 215.130 (6), in further review areas where there is evidence of substantial risk for rapidly moving landslides. All final decisions under this paragraph and paragraph (b) of this subsection are the responsibility of the local government with jurisdiction over the site. A local government may not delegate such final decisions to any state agency.

�� (d) May deny a request to issue a building permit if a geotechnical report discloses that the entire parcel is subject to a rapidly moving landslide or that the subject lot or parcel does not contain sufficient buildable area that is not subject to a rapidly moving landslide.

�� (e) Shall maintain a record, available to the public, of properties for which a geotechnical report has been prepared within the jurisdiction of the local government.

�� (2) A landowner allowed a building permit under subsection (1)(c) of this section shall sign a statement that shall:

�� (a) Be recorded with the county clerk of the county in which the property is located, in which the landowner acknowledges that the landowner may not in the future bring any action against an adjacent landowner about the effects of rapidly moving landslides on or adjacent to the landowner�s property; and

�� (b) Record in the deed records for the county where the lot or parcel is located a nonrevocable deed restriction that the landowner signs and acknowledges, that contains a legal description complying with ORS 93.600 and that prohibits any present or future owner of the property from bringing any action against an adjacent landowner about the effects of rapidly moving landslides on or adjacent to the property.

�� (3) Restrictions on forest practices adopted under ORS 527.710 (10) do not apply to risk situations arising solely from the construction of a building designed for human occupancy in a further review area on or after October 23, 1999.

�� (4) The following state agencies shall implement the following specific responsibilities to reduce the risk of serious bodily injury or death resulting from rapidly moving landslides:

�� (a) The State Department of Geology and Mineral Industries shall:

�� (A) Identify and map further review areas selected in cooperation with local governments and in coordination with the State Forestry Department, and provide technical assistance to local governments to facilitate the use and application of this information pursuant to subsection (1)(b) of this section; and

�� (B) Provide public education regarding landslide hazards.

�� (b) The State Forestry Department shall regulate forest operations to reduce the risk of serious bodily injury or death from rapidly moving landslides directly related to forest operations, and assist local governments in the siting review of permanent dwellings on and adjacent to forestlands in further review areas pursuant to subsection (1)(b) of this section.

�� (c) The Land Conservation and Development Commission may take steps under its existing authority to assist local governments to appropriately apply the requirements of subsection (1)(c) of this section.

�� (d) The Department of Transportation shall provide warnings to motorists during periods determined to be of highest risk of rapidly moving landslides along areas on state highways with a history of being most vulnerable to rapidly moving landslides.

�� (e) The Oregon Department of Emergency Management shall coordinate state resources for rapid and effective response to landslide-related emergencies.

�� (5) Notwithstanding any other provision of law, any state or local agency adopting rules related to the risk of serious bodily injury or death from rapidly moving landslides shall do so only in conformance with the policies and provisions of ORS 195.250 to 195.260.

�� (6) No state or local agency may adopt or enact any rule or ordinance for the purpose of reducing risk of serious bodily injury or death from rapidly moving landslides that limits the use of land that is in addition to land identified as a further review area by the State Department of Geology and Mineral Industries or the State Forestry Department pursuant to subsection (4) of this section.

�� (7) Except as provided in ORS 527.710 or in Oregon�s ocean and coastal land use planning goals, no state agency may adopt criteria regulating activities for the purpose of reducing risk of serious bodily injury or death from rapidly moving landslides on lands subject to the provisions of ORS 195.250 to 195.260 that are more restrictive than the criteria adopted by a local government pursuant to subsection (1)(c) of this section. [1999 c.1103 �4; 2003 c.141 �1; 2003 c.740 �8; 2007 c.740 �37; 2021 c.539 �26]

�� Note: See note under 195.250.

�� 195.263 [1999 c.1103 �5; repealed by 2003 c.141 �2]

�� 195.266 [1999 c.1103 �6; repealed by 2003 c.141 �2]

�� 195.270 [1999 c.1103 �7; repealed by 2003 c.141 �2]

�� 195.275 [1999 c.1103 �9; repealed by 2003 c.141 �2]

JUST COMPENSATION FOR LAND USE REGULATION

�� 195.300 Definitions for ORS 195.300 to 195.336. As used in this section and ORS 195.301 and 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, and sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010:

�� (1) �Acquisition date� means the date described in ORS 195.328.

�� (2) �Claim� means a written demand for compensation filed under:

�� (a) ORS 195.305, as in effect immediately before December 6, 2007; or

�� (b) ORS 195.305 and 195.310 to 195.314, as in effect on and after December 6, 2007.

�� (3) �Enacted� means enacted, adopted or amended.

�� (4) �Fair market value� means the value of property as determined under ORS 195.332.

�� (5) �Farming practice� has the meaning given that term in ORS 30.930.

�� (6) �Federal law� means:

�� (a) A statute, regulation, order, decree or policy enacted by a federal entity or by a state entity acting under authority delegated by the federal government;

�� (b) A requirement contained in a plan or rule enacted by a compact entity; or

�� (c) A requirement contained in a permit issued by a federal or state agency pursuant to a federal statute or regulation.

�� (7) �File� means to submit a document to a public entity.

�� (8) �Forest practice� has the meaning given that term in ORS 527.620.

�� (9) �Ground water restricted area� means an area designated as a critical ground water area or as a ground water limited area by the Water Resources Department or Water Resources Commission before December 6, 2007.

�� (10) �High-value farmland� means:

�� (a) High-value farmland as described in ORS 215.710 that is land in an exclusive farm use zone or a mixed farm and forest zone, except that the dates specified in ORS 215.710 (2), (4) and (6) are December 6, 2007.

�� (b) Land west of U.S. Highway 101 that is composed predominantly of the following soils in Class III or IV or composed predominantly of a combination of the soils described in ORS 215.710 (1) and the following soils:

�� (A) Subclassification IIIw, specifically Ettersburg Silt Loam and Croftland Silty Clay Loam;

�� (B) Subclassification IIIe, specifically Klooqueth Silty Clay Loam and Winchuck Silt Loam; and

�� (C) Subclassification IVw, specifically Huffling Silty Clay Loam.

�� (c) Land that is in an exclusive farm use zone or a mixed farm and forest zone and that on June 28, 2007, is:

�� (A) Within the place of use for a permit, certificate or decree for the use of water for irrigation issued by the Water Resources Department;

�� (B) Within the boundaries of a district, as defined in ORS 540.505; or

�� (C) Within the boundaries of a diking district formed under ORS chapter 551.

�� (d) Land that contains not less than five acres planted in wine grapes.

�� (e) Land that is in an exclusive farm use zone and that is at an elevation between 200 and 1,000 feet above mean sea level, with an aspect between 67.5 and 292.5 degrees and a slope between zero and 15 percent, and that is located within:

�� (A) The Southern Oregon viticultural area as described in 27 C.F.R. 9.179;

�� (B) The Umpqua Valley viticultural area as described in 27 C.F.R. 9.89; or

�� (C) The Willamette Valley viticultural area as described in 27 C.F.R. 9.90.

�� (f) Land that is in an exclusive farm use zone and that is no more than 3,000 feet above mean sea level, with an aspect between 67.5 and 292.5 degrees and a slope between zero and 15 percent, and that is located within:

�� (A) The portion of the Columbia Gorge viticultural area as described in 27 C.F.R. 9.178 that is within the State of Oregon;

�� (B) The Rogue Valley viticultural area as described in 27 C.F.R. 9.132;

�� (C) The portion of the Columbia Valley viticultural area as described in 27 C.F.R. 9.74 that is within the State of Oregon;

�� (D) The portion of the Walla Walla Valley viticultural area as described in 27 C.F.R. 9.91 that is within the State of Oregon; or

�� (E) The portion of the Snake River Valley viticultural area as described in 27 C.F.R. 9.208 that is within the State of Oregon.

�� (11) �High-value forestland� means land:

�� (a) That is in a forest zone or a mixed farm and forest zone, that is located in western Oregon and composed predominantly of soils capable of producing more than 120 cubic feet per acre per year of wood fiber and that is capable of producing more than 5,000 cubic feet per year of commercial tree species; or

�� (b) That is in a forest zone or a mixed farm and forest zone, that is located in eastern Oregon and composed predominantly of soils capable of producing more than 85 cubic feet per acre per year of wood fiber and that is capable of producing more than 4,000 cubic feet per year of commercial tree species.

�� (12) �Home site approval� means approval of the subdivision or partition of property or approval of the establishment of a dwelling on property.

�� (13) �Just compensation� means:

�� (a) Relief under sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, for land use regulations enacted on or before January 1, 2007; and

�� (b) Relief under ORS 195.310 to 195.314 for land use regulations enacted after January 1, 2007.

�� (14) �Land use regulation� means:

�� (a) A statute that establishes a minimum lot or parcel size;

�� (b) A provision in ORS 227.030 to 227.300, 227.350, 227.400, 227.450 or 227.500 or in ORS chapter 215 that restricts the residential use of private real property;

�� (c) A provision of a city comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property zoned for residential use;

�� (d) A provision of a county comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property;

�� (e) A provision, enacted or adopted on or after January 1, 2010, of:

�� (A) The Oregon Forest Practices Act;

�� (B) An administrative rule of the State Board of Forestry; or

�� (C) Any other law enacted, or rule adopted, solely for the purpose of regulating a forest practice;

�� (f) ORS 561.191, a provision of ORS 568.900 to 568.933 or an administrative rule of the State Department of Agriculture that implements ORS 561.191 or 568.900 to 568.933;

�� (g) An administrative rule or goal of the Land Conservation and Development Commission; or

�� (h) A provision of a Metro functional plan that restricts the residential use of private real property.

�� (15) �Lawfully established unit of land� has the meaning given that term in ORS 92.010.

�� (16) �Lot� has the meaning given that term in ORS 92.010.

�� (17) �Measure 37 permit� means a final decision by Metro, a city or a county to authorize the development, subdivision or partition or other use of property pursuant to a waiver.

�� (18) �Owner� means:

�� (a) The owner of fee title to the property as shown in the deed records of the county where the property is located;

�� (b) The purchaser under a land sale contract, if there is a recorded land sale contract in force for the property; or

�� (c) If the property is owned by the trustee of a revocable trust, the settlor of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner.

�� (19) �Parcel� has the meaning given that term in ORS 92.010.

�� (20) �Property� means the private real property described in a claim and contiguous private real property that is owned by the same owner, whether or not the contiguous property is described in another claim, and that is not property owned by the federal government, an Indian tribe or a public body, as defined in ORS

ORS 20.082

20.082, the holder of any retail installment contract or retail charge agreement may not collect any delinquency or collection charges, including any attorney�s fee and court costs and disbursements, unless the contract or charge agreement so provides. In such cases, the charges shall be reasonable, and no attorney�s fee may be recovered unless the contract or charge agreement is referred for collection to an attorney not a salaried employee of the holder.

�� (2) The contract or charge agreement may contain other provisions not inconsistent with the purposes of ORS 83.010 to 83.190, including but not limited to provisions relating to refinancing, transfer of the buyer�s equity, construction permits and title reports. [1963 c.489 �9; 2001 c.542 �7]

�� 83.110 Insurance. (1) If the cost of any insurance is included in the retail installment contract or retail charge agreement:

�� (a) The contract or agreement shall state the nature, purpose, term and amount of such insurance.

�� (b) The contract or agreement shall state whether the insurance is to be procured by the buyer or the seller.

�� (c) The amount included for such insurance shall not exceed the premiums chargeable in accordance with the rate fixed for such insurance by the insurer, except where the amount is less than $1.

�� (2) Except as provided in ORS 743.377, if the insurance is to be procured by the seller or holder, the seller or holder shall, within 45 days after delivery of the goods or furnishing of the services under the contract, deliver, mail or cause to be mailed to the buyer, at the address as specified in the contract, a notice thereof or a copy of the policy or policies of insurance or a certificate or certificates of the insurance so procured. [1963 c.489 �14; 1967 c.359 �676]

�� 83.120 Receipts; schedule of payments. A buyer shall be given a written receipt for any payment when made in cash. Upon written request of the buyer, the holder of a retail installment contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under the contract. Such a statement shall be given the buyer once without charge. If any additional statement is requested by the buyer, it shall be supplied by the holder at a charge not in excess of $1 for each additional statement so supplied. [1963 c.489 �10]

�� 83.130 Voluntary prepayment by buyer; refund. (1) Notwithstanding the provisions of any retail installment contract to the contrary, and if the rights of the purchaser have not been terminated or forfeited under the terms of the contract, any buyer may prepay in full the unpaid time balance thereof at any time before its final due date. If the buyer does so, and if the contract is not in default more than two months under any term or condition of the contract, the buyer shall receive a refund credit of the unearned portion of the service charge for the prepayment. The amount of the refund credit shall be not less than the total service charge contracted for to maturity, less the greater of:

�� (a) Ten percent of the amount financed or $75, whichever is less; or

�� (b) Either of the following, at the discretion of the seller or holder:

�� (A) The service charge earned to the date of prepayment, computed by applying the effective rate on the contract to the actual principal balances outstanding, for the periods of time the balances were actually outstanding. In determining the effective rate, the holder may apply to the scheduled payments the actuarial method by which each scheduled payment is applied first to the accrued and unpaid service charges and any amount remaining is applied to the reduction of the principal balance.

�� (B) The service charge earned to the installment due date nearest the date of prepayment, computed by applying the effective rate on the contract to the actual principal balances outstanding, for the periods of time the balances were actually outstanding. For purposes of rebate computations under this subparagraph, the installment due date preceding the date of prepayment shall be considered to be nearest if prepayment occurs 15 days or less after that installment date. If prepayment occurs more than 15 days after the preceding installment due date, the next succeeding installment due date shall be considered to be nearest to the date of prepayment. In determining the effective rate, the seller may apply to the scheduled payments the actuarial method, by which each scheduled payment is applied first to the accrued and unpaid service charges and any amount remaining is applied to reduction of the principal balance.

�� (2) When the amount of the refund credit is less than $2, no refund need be made. [1963 c.489 �8; 1981 c.910 �1; 1983 c.432 �1]

�� 83.140 Consolidation of purchases with prior contract. (1) If, in a retail installment transaction, a retail buyer makes any subsequent purchases of goods or services from a retail seller from whom the buyer has previously purchased goods or services under one or more retail installment contracts, and the amounts under such previous contract or contracts have not been fully paid, the subsequent purchases may, at the seller�s option, be included in and consolidated with one or more of the previous contracts. All the provisions of ORS 83.010 to 83.190 with respect to retail installment contracts shall be applicable to such subsequent purchases except as otherwise provided in this subsection. In the event of such consolidation, in lieu of the buyer�s executing a retail installment contract respecting each subsequent purchase, as provided in this section, it shall be sufficient if the seller shall prepare a written memorandum of each such subsequent purchase, in which case the provisions of ORS 83.020, 83.030 and 83.070 shall not be applicable. Unless previously furnished in writing to the buyer by the seller, by sales slip, memorandum or otherwise, such memorandum shall set forth, with respect to each subsequent purchase, items required in ORS 83.030 (1) to (7), and in addition, the amount of the time balance owed by the buyer to the seller for the subsequent purchase, the outstanding balance of the previous contract or contracts, the consolidated time balance, and the revised installments applicable to the consolidated time balance, if any, in accordance with ORS 83.030. The seller shall deliver to the buyer a copy of such memorandum prior to the due date of the first installment of such consolidated contract.

�� (2) When such subsequent purchases are made, if the seller has retained title or taken a lien or other security interest in any of the goods purchased under any one of the contracts included in the consolidation:

�� (a) The entire amount of all payments made prior to such subsequent purchases shall be deemed to have been applied on the previous purchases; and

�� (b) The amount of any down payment on the subsequent purchase shall be allocated in its entirety to such subsequent purchase.

�� (3) The provisions of subsection (2) of this section shall not apply to cases where such previous and subsequent purchases involve equipment, parts or other goods attached or affixed to goods previously purchased and not fully paid, or to services in connection therewith rendered by the seller at the buyer�s request. [1963 c.489 �11]

�� 83.150 Unenforceable contract provisions. No provision of a retail installment contract or retail charge agreement shall be valid:

�� (1) By which the buyer agrees not to assert against the seller or against an assignee a claim or defense arising out of the sale.

�� (2) That provides for a wage assignment. [1963 c.489 �15; 1971 c.232 �1]

�� 83.160 Waiver of ORS 83.010 to 83.190. No act or agreement of the retail buyer before or at the time of the making of a retail installment contract, retail charge agreement or purchases thereunder shall constitute a valid waiver of any of the provisions of ORS 83.010 to

ORS 215.296

215.296. In addition to other activities described in subsection (4) of this section, these activities may include office administrative functions such as payroll and scheduling, and the use of campers, truck trailers or similar temporary facilities. Temporary facilities may be used as temporary housing for security personnel.

�� (4) For purposes of this section, �on-site filming and activities accessory to on-site filming�:

�� (a) Includes:

�� (A) Filming and site preparation, construction of sets, staging, makeup and support services customarily provided for on-site filming.

�� (B) Production of advertisements, documentaries, feature film, television services and other film productions that rely on the rural qualities of an exclusive farm use zone in more than an incidental way.

�� (b) Does not include:

�� (A) Facilities for marketing, editing and other such activities that are allowed only as a home occupation; or

�� (B) Construction of new structures that requires a building permit.

�� (5) A decision of local government issuing any permits necessary for activities under subsection (3)(a) of this section is not a land use decision. [1995 c.722 �1; 1997 c.550 �3; 1999 c.314 �59; 2001 c.672 �20]

�� 215.310 [Repealed by 1971 c.13 �1]

�� 215.311 Log truck parking in exclusive farm use zones; dump truck parking in forest zones or mixed farm and forest zones. (1) The limitations on uses of land in exclusive farm use zones described in ORS 215.283, 215.284 and 215.700 to 215.780 and limitations imposed by or adopted pursuant to ORS 197.040 do not apply to log truck parking under this section.

�� (2) The provisions of this section do not affect the eligibility of a zone for special assessment as provided in ORS 308A.050 to 308A.128.

�� (3) Notwithstanding any other provision of law except for health and safety provisions, parking no more than seven log trucks shall be allowed in an exclusive farm use zone unless the local government determines that log truck parking on a lot or parcel will:

�� (a) Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or

�� (b) Significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.

�� (4) The limitations on uses of land zoned for forest use or mixed farm and forest use described in ORS 215.700 to 215.780 and limitations imposed by or adopted pursuant to ORS 197.040 do not apply to dump truck parking under this section.

�� (5) The provisions of this section do not affect the eligibility of land for special assessment as provided in ORS 308A.250 to 308A.259, 308A.300 to 308A.330,

ORS 215.433

215.433 and 227.184. [1999 c.648 �5]

�� Note: 197.022 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� Note: Sections 1, 2 and 5, chapter 217, Oregon Laws 2021, provide:

�� Sec. 1. Section 2 of this 2021 Act is added to and made a part of ORS chapter 197 [series became ORS chapters 197 and 197A]. [2021 c.217 �1]

�� Sec. 2. Restoration of uses destroyed by 2020 wildfires. (1) This section applies only to owners of properties on which structures or uses were destroyed or interrupted by a wildfire that was identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act under ORS 476.510 to 476.610 between August 1 and September 30, 2020. The local government may alter, restore or replace such a use as provided in this section in lieu of another process.

�� (2) Except as provided in subsection (4) of this section, a property owner may alter, restore or replace a nonresidential use without further application with the local government if:

�� (a) The use was allowed outright as an accessory use, without regard to whether the primary use was destroyed or was or will be restored;

�� (b)(A) The use was subject to a land use process; and

�� (B) A permit, including a conditional permit, was issued for the use notwithstanding any expiration of the permit or any subsequent changes to the law or process; or

�� (c)(A) The use was established before a requirement that the use be subject to a land use process; and

�� (B) The replacement use conforms as nearly as practicable to records of the use with the county assessor, building permit information or other reliable records.

�� (3) The local government shall approve an application to alter, restore or replace a dwelling if the local government determines that the evidence in the record establishes that:

�� (a) The former dwelling:

�� (A) Had intact exterior walls and roof structure;

�� (B) Had indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

�� (C) Had interior wiring for interior lights;

�� (D) Had a heating system; and

�� (E)(i) Was authorized by building permits or other regulatory approval process by the appropriate authority; or

�� (ii) Was assessed as a residential dwelling for purposes of ad valorem taxation for the tax year beginning July 1, 2001, and is not subject to unresolved enforcement proceedings questioning the lawfulness of the dwelling; and

�� (b) The proposed dwelling will:

�� (A) Not exceed the floor area of the destroyed dwelling by more than 10 percent;

�� (B) Be adequately served by water, sanitation and roads;

�� (C) Be located wholly or partially within the footprint of the destroyed dwelling unless the applicant chooses a different location within the same lot or parcel to comply with local flood regulations or to avoid a natural hazard area; and

�� (D) Comply with applicable building codes that were in effect on the later of:

�� (i) January 1, 2008; or

�� (ii) The date of the former dwelling�s construction.

�� (4) A local government may not add conditions to the approval or siting of a dwelling under subsection (3) of this section except as necessary to maintain participation in the National Flood Insurance Program under 42 U.S.C. 4001 et seq. A local government may require that the property owner submit an application for a permit for the approval or siting of a nonresidential use only for the purpose of establishing such conditions that are necessary to maintain participation in the National Flood Insurance Program.

�� (5) A local government may delegate the approval of an application under subsection (3) of this section to:

�� (a) A hearings officer, as defined in ORS 215.402 or 227.160;

�� (b) A planning commission, as described in ORS 215.020; or

�� (c) A building official, as defined in ORS 455.715.

�� (6) The findings of the local government or its designee in approving an application under subsection (3) of this section is not a land use decision. The local government may not require an applicant give notice to any nonparty. The findings and conclusions of the local government are entitled to deference if there is any evidence to support the findings and are subject to review only under ORS

ORS 221.450

221.450 or under a city charter.

�� (b) �Conducting business� means engaging directly, or through officers, agents and employees, in an activity in pursuit of gain.

�� (c) �Principal place of business� means the location in this state of the central administrative office of a person conducting business in this state.

�� (d) �Within a metropolitan service district� means that city limits are wholly or partially inside district boundaries.

�� (2) A landscape contracting business shall pay directly to any city within a metropolitan service district any business license tax imposed by the city if:

�� (a) The landscape contracting business has its principal place of business within the city; or

�� (b) The landscape contracting business does not have its principal place of business within the city but derives gross receipts of $250,000 or more from conducting business within the city during the calendar year for which the tax is owed.

�� (3) A landscape contracting business may apply for a business license from a metropolitan service district if the business conducts business in a city that is within the district but that is not a city to which the business directly pays a business license tax for that year.

�� (4) The metropolitan service district shall issue a business license to a landscape contracting business if:

�� (a) The business proves to the district that the business has directly paid the business license tax imposed by each city within the district to which the business must directly pay a business license tax; and

�� (b) The business pays a license fee to the district.

�� (5) The license fee charged under subsection (4) of this section shall be twice the average business license tax charged to landscape contracting businesses by cities located within the metropolitan service district plus an amount that is sufficient to reimburse the district for the administrative expenses of the district incurred in carrying out its duties under this section.

�� (6) If a landscape contracting business is issued a business license by the metropolitan service district under subsection (4) of this section, and a city within the district other than a city described in subsection (2) of this section demands that the business pay a business license tax, the demanding city shall waive payment of the tax if the business proves by possession or otherwise that the business has a business license issued by the metropolitan service district for the calendar year for which the tax is owed.

�� (7) The metropolitan service district shall distribute the business license fees collected by the district under this section, less administrative expenses, to the cities within the district that collect a business license tax. In any year, each of the cities shall receive a share of the license fees based upon the proportion that the number of residential building permits the city issued during the year bears to the total number of residential building permits issued during the year by all of the cities within the district. The district shall determine the number of residential building permits issued by cities within the district from statistics. A district shall distribute moneys under this subsection at least once each year. [2007 c.541 �47; 2015 c.180 �48]

�� 671.760 Business income tax. (1) As used in this section, �business license tax� has the meaning given that term in ORS 671.755.

�� (2) A city that imposes a business license tax based on or measured by adjusted net income earned by conducting business within the city is exempt from ORS 671.755. [2007 c.541 �48]

�� 671.950 [Formerly 671.435; 2003 c.14 �425; renumbered 671.995 in 2005]

�� 671.955 [Formerly 671.720; 2005 c.609 �20; renumbered 671.997 in 2005]

PENALTIES

�� 671.990 Penalties for violations of ORS 671.010 to 671.220 or 671.530. (1)(a) A person that violates a provision of ORS 671.010 to 671.220 or a rule the State Board of Architect Examiners adopts under ORS 671.010 to 671.220 is subject to a civil penalty of not more than $5,000 for each violation. A civil penalty under this subsection is in addition to and not in lieu of any other penalty or sanction provided by law.

�� (b) The board may impose a civil penalty under this section only in accordance with ORS 183.745.

�� (c) Notwithstanding ORS 670.335, the board shall deposit all civil penalties recovered under this section into an account the board establishes in accordance with ORS 182.470. Moneys the board deposits are appropriated continuously to the board and may be used only for the administration and enforcement of ORS 182.456 to 182.472 and 671.010 to 671.220.

�� (2) Violation of ORS 671.530 is a misdemeanor. [Subsection (2) enacted as 1961 c.431 �24; subsection (3) enacted as 1971 c.764 �22; 1977 c.803 �17; 1981 c.536 �18; 2023 c.70 �17]

�� 671.992 Criminal penalties for violations of ORS 671.310 to 671.459. Violation of any provision of ORS

ORS 227.285

227.285); 1975 c.767 �12]

�� 227.290 Building setback lines established by city council; criteria. (1) The council or other governing body of any incorporated city, under an exercise of its police powers, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway or other public way in such city. It may make it unlawful and provide a penalty for erecting after said establishment any building or structure closer to the street line than such setback line, except as may be expressly provided by ordinance. The council or body shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons owning property affected before establishing any such setback line. Such setback lines may be established without requiring a cutting off or removal of buildings existing at the time.

�� (2) The council may consider, in enacting ordinances governing building setback lines, the site slope and tree cover of the land with regard to solar exposure. The council shall not restrict construction where site slope and tree cover make incident solar energy collection unfeasible, except an existing solar structure�s sun plane shall not be substantially impaired.

�� (3) The council may consider, in enacting ordinances governing building setback lines and maximum building height, the impact on available wind resources. The ordinances shall protect an existing wind energy system�s wind source to the extent feasible.

�� (4) The powers given in this section shall be so exercised as to preserve constitutional rights. [Amended by 1979 c.671 �4; 1981 c.590 �9]

�� 227.300 Use of eminent domain power to establish setback lines. The council or other governing body of any incorporated city, under an exercise of the power of eminent domain, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway, or other public way in such city in cases where the establishment of such setback lines is for street widening purposes, and in cases where the establishment of such setback lines affects buildings or structures existing at the time. The council or other governing body of the city shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons whose property is affected by such establishment. In case of the exercise of the power of eminent domain, provision shall be made for ascertaining and paying just compensation for any damages caused as the result of establishing such setback lines.

�� 227.310 [1957 c.67 �1; 1975 c.767 �13; repealed by 1977 c.766 �16]

�� 227.320 City program for demolition of residences or residential buildings. (1) Subject to the provisions of this section, a city of this state may establish by ordinance or otherwise a program for the demolition of residences or residential buildings. A program established under this subsection:

�� (a) Must require a person performing a demolition to acquire a permit from the city authorizing the person to perform the demolition;

�� (b) If a person performing a demolition is a contractor, as defined in ORS 701.005 (5)(a), and if a residence or residential building to be demolished was built before January 1, 1978, must require the person, as a condition of receiving a permit under this subsection, to submit proof verifying that the person has been certified to engage in lead-based paint activities in accordance with rules adopted by the Oregon Health Authority;

�� (c) If a residence or residential building to be demolished was built before January 1, 1978, must require the person performing the demolition to comport with some or all of a list of best practices developed and periodically updated by the authority, in consultation with the Department of Environmental Quality, the Construction Contractors Board and other interested stakeholders, for the purpose of containing lead particles that otherwise would be released into the air during a demolition;

�� (d) May require a person performing a demolition to provide a copy of the asbestos survey required under ORS 468A.757 and notice of intent to perform activities related to asbestos abatement to an agency of the city before performing the demolition; and

�� (e) May provide for the dissemination to the public of a document, developed in coordination with the authority and the department, listing answers to frequently asked questions about:

�� (A) Best practices for containing lead particles that otherwise would be released into the air during a demolition;

�� (B) The asbestos survey required under ORS 468A.757; and

�� (C) Asbestos abatement activities that must be conducted before a demolition.

�� (2) Subsection (1)(b) and (c) of this section does not apply to the demolition of a residence or residential building built before January 1, 1978, if a person certified to inspect or assess structures for the presence of lead-based paint in accordance with rules adopted by the authority has determined that the residence or residential building does not contain lead-based paint.

�� (3)(a) Except as provided in paragraph (b) of this subsection, this section does not prevent a city from adopting ordinances or otherwise providing for the further regulation of demolitions of residences and residential buildings.

�� (b) After any best practices are developed as described in subsection (1)(c) of this section, a city may not adopt ordinances regarding, or otherwise provide for, best practices for the purpose of containing lead particles that otherwise would be released into the air during a demolition that are in addition to any best practices developed and updated as described in subsection (1)(c) of this section. [2017 c.739 �1]

�� Note: 227.320 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

WETLANDS DEVELOPMENT

�� 227.350 Notice of proposed wetlands development; exception; approval by city. (1) After the Department of State Lands has provided the city with a copy of the applicable portions of the Statewide Wetlands Inventory, the city shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following activities that are wholly or partially within areas identified as wetlands on the Statewide Wetlands Inventory:

�� (a) Subdivisions;

�� (b) Building permits for new structures;

�� (c) Other development permits and approvals that allow physical alteration of the land involving excavation and grading, including permits for removal or fill, or both, or development in floodplains and floodways;

�� (d) Conditional use permits and variances that involve physical alterations to the land or construction of new structures; and

�� (e) Planned unit development approvals.

�� (2) The provisions of subsection (1) of this section do not apply if a permit from the department has been issued for the proposed activity.

�� (3) Approval of any activity described in subsection (1) of this section shall include one of the following notice statements:

�� (a) Issuance of a permit under ORS 196.600 to 196.921 by the department required for the project before any physical alteration takes place within the wetlands;

�� (b) Notice from the department that no permit is required; or

�� (c) Notice from the department that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.

�� (4) If the department fails to respond to any notice provided under subsection (1) of this section within 30 days of notice, the city approval may be issued with written notice to the applicant and the owner of record that the proposed action may require state or federal permits.

�� (5) The city may issue local approval for parcels identified as or including wetlands on the Statewide Wetlands Inventory upon providing to the applicant and the owner of record of the affected parcel a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the department with a copy of the notification of comprehensive plan map or zoning map amendments for specific properties.

�� (6) Notice of activities authorized within an approved wetland conservation plan shall be provided to the department within five days following local approval.

�� (7) Failure by the city to provide notice as required in this section will not invalidate city approval. [1989 c.837 �31; 1991 c.763 �26]

TRUCK ROUTES

�� 227.400 Truck routes; procedures for establishment or revision; notice; hearing. (1) A city council shall not establish a new truck route or revise an existing truck route within the city unless the council first provides public notice of the proposed truck route and holds a public hearing concerning its proposed action.

�� (2) The city council shall provide notice of a public hearing held under this section by publishing notice of the hearing once a week for two consecutive weeks in some newspaper of general circulation in the city. The second publication of the notice must occur not later than the fifth day before the date of the public hearing.

�� (3) The notice required under this section shall state the time and place of the public hearing and contain a brief and concise statement of the proposed formation of the truck route, including a description of the roads and streets in the city that will form the truck route.

�� (4) As used in this section:

�� (a) �Truck� includes motor truck, as defined in ORS 801.355, and truck tractor, as defined in ORS 801.575.

�� (b) �Truck route� means the roads or streets in a city which have been formally designated by the city council as the roads or streets on which trucks must travel when proceeding through the city. [1985 c.564 �1]

RECYCLING CONTAINERS

�� 227.450 Recycling containers; recommendations for new construction. (1) Multiunit housing with more than 10 individual residential units should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (2) Each commercial building and each industrial and institutional building should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (3) As used in this section, �commercial,� �recyclable material� and �solid waste� have the meanings given in ORS 459.005. [1997 c.552 �32; 2025 c.38 �43]

CLUSTERED MAILBOXES

�� 227.455 Clustered mailboxes in city streets and rights-of-way. Each city in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of city streets and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. [2011 c.488 �2]

�� Note: 227.455 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PERMITTED USES IN ZONES

�� 227.500 Use of real property for religious activity; city regulation of real property used for religious activity. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a city shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

�� (a) Worship services.

�� (b) Religion classes.

�� (c) Weddings.

�� (d) Funerals.

�� (e) Meal programs.

�� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

�� (2) A city may:

�� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review and design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

�� (b) Prohibit or regulate the use of real property by a place of worship described in subsection (1) of this section if the city finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

�� (3) Notwithstanding any other provision of this section, a city may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �4; 2017 c.745 �8; 2019 c.640 �20; 2021 c.385 �5; 2021 c.446 �5; 2025 c.267 �2]

�� 227.505 Solar energy systems on residential and commercial structures. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

�� (3) Approval of a permit application under ORS 227.160 to 227.186 is, notwithstanding the definition of �permit� in ORS 227.160, a ministerial function if:

�� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

�� (4) As part of the permit approval process, a city:

�� (a) May not charge a fee pursuant to ORS 227.175 for processing a permit;

�� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

�� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

�� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

�� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

�� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

�� (c) Located in an area designated as a significant scenic resource unless the material used is:

�� (A) Designated as anti-reflective; or

�� (B) Eleven percent or less reflective.

�� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �2]

�� Note: 227.505 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PLANNING AND ZONING PREAPPLICATION PROCESS

�� 227.600 Land use approval preapplication review. (1) As used in this section:

�� (a) �Compost� has the meaning given that term in ORS 459.005.

�� (b) �Disposal site� has the meaning given that term in ORS 459.005.

�� (c) �Local government� has the meaning given that term in ORS 174.116.

�� (2) Before an applicant may submit an application under ORS 227.160 to 227.186 for land use approval to establish or modify a disposal site for composting that requires a permit issued by the Department of Environmental Quality, as provided in subsection (3) of this section, the applicant shall:

�� (a) Request and attend a preapplication conference described in subsections (4) to (6) of this section; and

�� (b) Hold a preapplication community meeting described in subsections (7) to (9) of this section.

�� (3) Subsection (2) of this section applies to an application to:

�� (a) Establish a disposal site for composting that sells, or offers for sale, resulting product; or

�� (b) Allow an existing disposal site for composting that sells, or offers for sale, resulting product to:

�� (A) Accept as feedstock nonvegetative materials, including dead animals, meat, dairy products and mixed food waste; or

�� (B) Increase the permitted annual tonnage of feedstock used by the disposal site by an amount that requires a new land use approval.

�� (4) During the preapplication conference:

�� (a) The applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations.

�� (b) The city with land use jurisdiction over the proposed disposal site for composting and the other representatives described in subsection (5) of this section shall inform the applicant of permitting requirements to establish and operate the proposed disposal site for composting and provide all application materials to the applicant.

�� (5) The applicant shall submit a written request to the city with land use jurisdiction to request a preapplication conference. A representative of the planning department of the city and a representative of the Department of Environmental Quality shall attend the conference along with representatives, as determined necessary by the city, of the following entities:

�� (a) Any other state agency or local government that has authority to approve or deny a permit, license or other certification required to establish or operate the proposed disposal site for composting.

�� (b) A state agency, a local government or a private entity that provides or would provide to the proposed disposal site for composting one or more of the following:

�� (A) Water systems.

�� (B) Wastewater collection and treatment systems, including storm drainage systems.

�� (C) Transportation systems or transit services.

�� (c) A city or county with territory within its boundaries that may be affected by the proposed disposal site for composting.

�� (d) The Department of Land Conservation and Development.

�� (e) The State Department of Agriculture.

�� (6) The city with land use jurisdiction may use preapplication procedures, if any, in the acknowledged land use regulations of the city, consistent with the requirements that the city shall:

�� (a) Provide notice of the preapplication conference to the entities described in subsection (5) of this section by mail and, as appropriate, in any other manner that ensures adequate notice and opportunity to participate;

�� (b) Hold the preapplication conference at least 20 days and not more than 40 days after receipt of the applicant�s written request; and

�� (c) Provide preapplication notes to each attendee of the conference and the other entities described in subsection (5) of this section for which a representative does not attend the preapplication conference.

�� (7) After the preapplication conference and before submitting the application for land use approval, the applicant shall:

�� (a) Hold a community meeting within 60 days after the preapplication conference:

�� (A) In a public location in the city with land use jurisdiction; and

�� (B) On a business day, or Saturday, that is not a holiday, with a start time between the hours of 6 p.m. and 8 p.m.

�� (b) Provide notice of the community meeting to:

�� (A) The owners of record, on the most recent property tax assessment roll, of real property located within one-half mile of the real property on which the proposed disposal site for composting would be located;

�� (B) The resident or occupant that receives mail at the mailing address of the real property described in subparagraph (A) of this paragraph if the mailing address of the owner of record is not the mailing address of the real property;

�� (C) Neighborhood and community organizations recognized by the governing body of the city if a boundary of the organization is within one-half mile of the proposed disposal site for composting;

�� (D) A newspaper that meets the requirements of ORS 193.020 for publication;

�� (E) Local media in a press release; and

�� (F) The entities described in subsection (5) of this section.

�� (8) During the community meeting, the applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations.

�� (9) The applicant�s notice provided under subsection (7)(b) of this section must include:

�� (a) A brief description of the proposed disposal site for composting;

�� (b) The address of the location of the community meeting; and

�� (c) The date and time of the community meeting. [2013 c.524 �2]

�� Note: 227.600 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

CHAPTERS 228 TO 235 [Reserved for expansion]

ORS 260.005

260.005, in the manner provided in ORS chapter 260.

�� (2) The credit allowed by subsection (1) of this section shall be the lesser of:

�� (a) The total contribution, not to exceed $100 on a joint return or $50 on any other type of return; or

�� (b) The tax liability of the taxpayer.

�� (3) A taxpayer may not claim the credit allowed under this section if the taxpayer has federal adjusted gross income in excess of $150,000 on a joint return or $75,000 on any other type of return.

�� (4) The claim for tax credit shall be substantiated by submission, with the tax return, of official receipts of the candidate, agent, political party or committee thereof or political committee to whom contribution was made. [1969 c.432 �2; 1973 c.119 �3; 1975 c.177 �1; 1977 c.268 �1; 1979 c.190 �413; 1985 c.802 �6; 1987 c.293 �16; 1989 c.986 �1; 1993 c.797 �27; 1995 c.1 �19; 1995 c.712 �104; 1999 c.999 �27; 2013 c.750 �6; 2019 c.579 �49]

�� Note: Section 34, chapter 913, Oregon Laws 2009, provides:

�� Sec. 34. (1) A credit may not be claimed under ORS 316.102 for tax years beginning on or after January 1, 2028.

�� (2) The amendments to ORS 316.102 by section 49, chapter 579, Oregon Laws 2019, apply to tax years beginning on or after January 1, 2020, and before January 1, 2028. [2009 c.913 �34; 2013 c.750 �7; 2019 c.579 �48; 2023 c.490 �9]

�� 316.103 [1985 c.684 �12; 1989 c.765 �1; 1989 c.958 �10; 1991 c.877 �7; repealed by 1993 c.730 �31 (315.324 enacted in lieu of 316.103 and 317.106)]

�� 316.104 [1987 c.911 �8b; 1991 c.877 �8; repealed by 1993 c.730 �37 (315.504 enacted in lieu of 316.104 and 317.140)]

�� 316.105 [1953 c.304 �14; 1953 c.552 �5; repealed by 1969 c.493 �99]

�� 316.106 [1967 c.274 �7; repealed by 1969 c.493 �99]

�� 316.107 [1969 c.493 �20; 1973 c.402 �19; 1985 c.802 �7; repealed by 1993 c.730 �3 (315.054 enacted in lieu of 316.107)]

�� 316.108 [1967 c.118 �2; repealed by 1969 c.493 �99]

�� 316.109 Credit for tax by another jurisdiction on sale of residential property; rules. (1) If gain on the sale of residential property is taxed under this chapter, the adjusted basis of the property for purposes of this chapter shall be the same as its adjusted basis for federal income tax purposes.

�� (2) A credit against the tax otherwise due under this chapter shall be allowed to the taxpayer for the amount of any taxes imposed on the taxpayer by another state of the United States, a foreign country or the District of Columbia which tax is attributable to gain that is subject to tax as described in subsection (1) of this section.

�� (3) The amount of the credit allowed under subsection (2) of this section may not exceed the amount of the gain taxed by the other taxing jurisdiction multiplied by eight percent.

�� (4) The Department of Revenue shall provide by rule the procedure for obtaining credit provided by subsection (2) of this section and the proof required. The requirement of proof may be waived partially, conditionally or absolutely, as provided under ORS 315.063.

�� (5) Any credit allowed under subsection (2) of this section may not be applied in calculating tax due under this chapter if the tax upon which the credit is based has been claimed as a deduction for Oregon personal income tax purposes, unless the tax is restored to income on the Oregon return. [1979 c.579 �2; 1981 c.705 �2; 1995 c.54 �10; 2001 c.114 �36]

�� 316.110 [1953 c.304 �15; 1953 c.552 �6; 1957 c.582 �1; 1961 c.506 �1; 1963 c.253 �1; repealed by 1969 c.493 �99]

�� 316.111 [1965 c.360 �2; repealed by 1969 c.493 �99]

�� 316.112 [1959 c.211 �2; 1963 c.627 �5 (referred and rejected); repealed by 1969 c.493 �99]

�� 316.113 [1967 c.61 �2; repealed by 1969 c.493 �99]

�� 316.114 [1967 c.449 �2; repealed by 1969 c.493 �99]

�� 316.115 [1953 c.304 �16; 1959 c.555 �1; subsection (4) derived from 1959 c.555 �2; repealed by 1969 c.493 �99]

�� 316.116 Credit for alternative energy device; rules. (1)(a) A resident individual shall be allowed a credit against the taxes otherwise due under this chapter for costs paid or incurred for construction or installation of each of one or more alternative energy devices in or at a dwelling.

�� (b) A credit against the taxes otherwise due under this chapter is not allowed for an alternative energy device that does not meet or exceed all applicable federal, state and local requirements for energy efficiency, including equipment codes, state and federal appliance standards, the state building code, specialty codes and any other standards.

�� (2)(a) For each category one alternative energy device other than an alternative fuel device or an alternative energy device that uses solar radiation for domestic water heating or swimming pool heating, the credit allowed under this section may not exceed the lesser of 50 percent of the cost of the alternative energy device or $1,500, and shall be computed as follows:

�� (A) For a category one alternative energy device that is not an alternative fuel device, the credit shall be based upon the first year energy yield of the alternative energy device that qualifies under ORS 469B.100 to 469B.118. The amount of the credit shall be the same whether for collective or noncollective investment.

�� (B) For each category one alternative energy device for a dwelling, the credit shall be based upon the first year energy yield in kilowatt hours per year multiplied by 60 cents per dwelling utilizing the alternative energy device used for space heating, cooling, electrical energy or domestic water heating.

�� (C) Except as provided in paragraph (c) of this subsection, for each category one alternative energy device used for swimming pool, spa or hot tub heating, the credit shall be based upon the first year energy yield in kilowatt hours per year multiplied by 15 cents.

�� (b) For each alternative fuel device, the credit allowed under this section may not exceed the lesser of 50 percent of the cost of the alternative fuel device or $750.

�� (c) For each category one alternative energy device that uses solar radiation for:

�� (A) Domestic water heating, the credit allowed under this section shall be based upon 50 percent of the cost of the device or the first year energy yield in kilowatt hours per year multiplied by $2, whichever is lower, up to $6,000.

�� (B) Swimming pool heating, the credit allowed under this section shall be based upon 50 percent of the cost of the device or the first year energy yield in kilowatt hours per year multiplied by 20 cents, whichever is lower, up to $2,500.

�� (d)(A) For each category two alternative energy device that is a solar electric system or fuel cell system, the credit allowed under this section may not exceed the lesser of $3 per watt of installed output or $6,000.

�� (B) For each category two alternative energy device that is a wind electric system, the credit allowed under this section may not exceed the lesser of $6,000 or the first year energy yield in kilowatt hours per year multiplied by $2.

�� (3)(a) Notwithstanding subsection (2)(a), (c) or (d) of this section, the total amount of the credits allowed in any one tax year may not exceed the tax liability of the taxpayer or $1,500 for each alternative energy device, whichever is less. Unused credit amounts may be carried forward as provided in subsection (8) of this section, but may not be carried forward to a tax year that is more than five tax years following the first tax year for which any credit was allowed with respect to the category two alternative energy device that is the basis for the credit.

�� (b) Notwithstanding subsection (2)(d) of this section, the total amount of the credit for each device allowed under subsection (2)(d) of this section may not exceed 50 percent of the total installed cost of the category two alternative energy device.

�� (4) The State Department of Energy may by rule provide for a lesser amount of incentive for each type of alternative energy device as market conditions warrant.

�� (5) To qualify for a credit under this section, all of the following are required:

�� (a) The alternative energy device must be purchased, constructed, installed and operated in accordance with ORS 469B.100 to 469B.118 and a certificate issued thereunder.

�� (b) The taxpayer who is allowed the credit must be the owner or contract purchaser of the dwelling or dwellings served by the alternative energy device or the tenant of the owner or of the contract purchaser and must:

�� (A) Use the dwelling or dwellings served by the alternative energy device as a principal or secondary residence; or

�� (B) Rent or lease, under a residential rental agreement, the dwelling or dwellings to a tenant who uses the dwelling or dwellings as a principal or secondary residence.

�� (c) The credit must be claimed for the tax year in which the alternative energy device was purchased if the device is operational by April 1 of the next following tax year.

�� (6) The credit provided by this section does not affect the computation of basis under this chapter.

�� (7) The total credits allowed under this section in any one year may not exceed the tax liability of the taxpayer.

�� (8) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular year may be carried forward and offset against the taxpayer�s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, and any credit not used in that third succeeding tax year may be carried forward and used in the fourth succeeding tax year, and any credit not used in that fourth succeeding tax year may be carried forward and used in the fifth succeeding tax year, but may not be carried forward for any tax year thereafter.

�� (9) A nonresident shall be allowed the credit under this section in the proportion provided in ORS 316.117.

�� (10) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer�s taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085.

�� (11) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

�� (12) Spouses in a marriage who file separate returns for a taxable year may each claim a share of the tax credit that would have been allowed on a joint return in proportion to the contribution of each. However, a spouse living in a separate principal residence may claim the tax credit in the same amount as permitted a single person.

�� (13) As used in this section, unless the context requires otherwise:

�� (a) �Collective investment� means an investment by two or more taxpayers for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

�� (b) �Noncollective investment� means an investment by an individual taxpayer for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

�� (c) �Taxpayer� includes a transferee of a verification form under ORS 469B.106 (8).

�� (14) Notwithstanding any provision of subsections (1) to (4) of this section, the sum of the credit allowed under subsection (1) of this section plus any similar credit allowed for federal income tax purposes may not exceed the cost for the acquisition, construction and installation of the alternative energy device. [1977 c.196 �8; 1979 c.670 �2; 1981 c.894 �3; 1983 c.684 �14; 1983 c.768 �1; 1987 c.492 �1; 1989 c.626 �6; 1989 c.880 ��9,11; 1995 c.746 �19; 1997 c.325 �41; 1997 c.534 �3; 1999 c.21 �41; 1999 c.623 �1; 2005 c.832 �5; 2007 c.843 �29; 2009 c.909 �47; 2011 c.730 �69; 2012 c.45 �12; 2015 c.629 �41; 2015 c.701 ��26,27; 2016 c.29 �4]

�� Note: Section 5a (1), chapter 832, Oregon Laws 2005, provides:

�� Sec. 5a. (1) A taxpayer may not be allowed a credit under ORS 316.116 if the first tax year for which the credit would otherwise be allowed with respect to an alternative energy device begins on or after January 1, 2018. [2005 c.832 �5a; 2007 c.843 �35; 2009 c.913 �12; 2011 c.83 �16; 2011 c.730 �67(1)]

�� Note: Section 75, chapter 730, Oregon Laws 2011, provides:

�� Sec. 75. The State Department of Energy may not issue certifications for more than $10 million in potential tax credits for third-party alternative energy device installations in any tax year. [2011 c.730 �75]

TAXATION OF NONRESIDENTS

�� 316.117 Proration between Oregon income and other income for nonresidents, part-year residents and trusts. (1) Except as provided under subsection (2) of this section, the proportion for making a proration for nonresident taxpayers of the standard deduction or itemized deductions, the personal exemption credits and any accrued federal or foreign income taxes, or for part-year resident taxpayers of the amount of the tax, between Oregon source income and income from all other sources is the federal adjusted gross income of the taxpayer from Oregon sources divided by the taxpayer�s federal adjusted gross income from all sources. If the numerator of the fraction described in this subsection is greater than the denominator, the proportion of 100 percent shall be used in the proration required by this section. As used in this subsection, �federal adjusted gross income� means the federal adjusted gross income of the taxpayer with the additions, subtractions and other modifications to federal taxable income that relate to adjusted gross income for personal income tax purposes.

�� (2) For part-year resident trusts, the proration made under this section shall be made by reference to the taxable income of the fiduciary. [1969 c.493 �21; 1971 c.672 �1; 1973 c.269 �1; 1975 c.672 �5; 1977 c.872 �5; 1981 c.801 �4; 1983 c.684 �15; 1985 c.141 �5; 1987 c.293 �17; 1999 c.580 �5]

�� 316.118 Pro rata share of S corporation income of nonresident shareholder. (1) The pro rata share of S corporation income of a nonresident shareholder constitutes income or loss derived from or connected with sources in this state as provided in ORS 316.127 (5).

�� (2) In determining the pro rata share of S corporation income of a nonresident shareholder, there shall be included only that part derived from or connected with sources in this state of the shareholder�s distributive share of items of S corporation income, gain, loss and deduction (or item thereof) entering into the federal adjusted gross income of the shareholder, as such part is determined under rules adopted by the Department of Revenue in accordance with the general rules under ORS 316.127.

�� (3) Any modifications, additions or subtractions to federal taxable income described in this chapter that relates to an item of S corporation income, gain, loss or deduction (or item thereof) shall be made in accordance with the shareholder�s pro rata share, for federal income tax purposes of the item to which the modification, addition or subtraction relates, but limited to the portion of such item derived from or connected with sources in this state.

�� (4) A nonresident shareholder�s pro rata share of items of income, gain, loss or deduction (or item thereof) shall be determined under ORS 314.763 (1). The character of shareholder items for a nonresident shareholder shall be determined under ORS

ORS 275.220

275.220, the governing body of a county may authorize the sale of county land by private sale as provided in this section if each parcel of county land to be sold:

�� (a) Has a real market value of less than $15,000 on the assessment roll prepared for the county; and

�� (b) Is unsuited for the construction or placement of a dwelling under applicable zoning ordinances and building codes.

�� (2) The governing body of the county may publish a notice of the private sale of county land described in subsection (1) of this section in a newspaper of general circulation in the county. The notice must contain a description of the land and must indicate the real market value of the land.

�� (3) Not earlier than 15 days after publication of the notice, an officer or employee of the county authorized by the governing body of the county to sell the land may sell all or a part of the land, at private sale without further notice, at a price the governing body of the county considers reasonable.

�� (4) A sale under this section must be made in the manner provided by ORS 275.190 (1). [1989 c.305 �1; 1997 c.805 �1; 2005 c.243 �7; 2007 c.231 �1; 2007 c.435 �1]

�� Note: 275.225 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 275 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 275.230 [1989 c.558 �1; repealed by 2005 c.243 �33]

�� 275.240 Taxation of county lands sold under purchase agreement. Land sold under a purchase agreement in accordance with ORS 275.190 (1) is subject to taxation to the same extent as other privately owned real property. When a purchase agreement is canceled, as provided in ORS 275.220, the real property must be removed from taxation and all taxes then unpaid must be canceled. [Amended by 2005 c.243 �8]

�� 275.250 Notice to county assessor of sale or resale. Upon any sale or resale as provided in ORS 275.110 to 275.220, the governing body of the county shall notify the county assessor thereof. [Amended by 2005 c.243 �18]

�� 275.260 Lands acquired by county on tax foreclosure exempt from taxes of other taxing districts. No claim shall ever be allowed against the county in favor of any municipal corporation, school district, road district or other taxing district for taxes levied on the property heretofore or hereafter acquired by any county by foreclosure of delinquent taxes or otherwise under ORS 275.090 to 275.220, but all taxes shall at the time of the acquisition of the property by such county thereby be canceled.

�� 275.270 [Repealed by 1969 c.595 �17]

�� 275.275 Distribution of proceeds. (1) The proceeds arising under ORS 275.090 to 275.290 and 275.296 to 275.310 must be:

�� (a) First, applied to refund the county general fund for the full amount actually paid by the county to advance the state tax upon all properties upon which the county has foreclosed liens for delinquent taxes;

�� (b) Second, applied to the county general fund in an amount equal to the penalty and fee described in ORS 312.120 for each property upon which the county has foreclosed a lien for delinquent taxes;

�� (c) Third, applied to refund the county general fund for all the costs and expenses actually incurred by the county in the maintenance and supervision of the properties and in any suits or proceedings by the county to quiet title to or to defend the county�s title to property sold, including suits or land use proceedings to ascertain and determine the actual boundaries of the properties;

�� (d) Fourth, in a county with a population of 650,000 or more or in a county with a population of 200,000 or more and that elects to distribute funds under this subsection:

�� (A) First, distributed to a local government, as defined in ORS 174.116, that has filed a notice, in accordance with ORS 275.130, relating to a local improvement lien arising under ORS 223.680 or 223.685 against the property in the principal amount of the lien, plus any interest and penalties that have accrued to the date of sale of the property.

�� (B) Second, if the proceeds arise under ORS 275.090 from the sale of real property acquired by foreclosure of delinquent tax liens or by exchange for land originally acquired by foreclosure of delinquent tax liens, applied to an account or fund created in the discretion of the county treasurer, in or outside of the county general fund, for use under ORS 271.330 to provide:

�� (i) Funds for housing placement and retention support services for youth and families with children;

�� (ii) Flexible rental assistance for housing placement for youth and families with children; or

�� (iii) Funds to develop new low income housing that is affordable to youth and families with children with 30 percent or lower median family income.

�� (C) Third, except as provided in subparagraph (B) of this paragraph, applied to the county general fund; and

�� (e) Fifth, except as provided in paragraph (d) of this subsection, if the proceeds arise from the sale of real property acquired by the county in a manner other than by foreclosure of delinquent tax liens or by exchange for land originally acquired by foreclosure of delinquent tax liens, applied to the county general fund. The proceeds described in this paragraph include payments for the real property sold under a purchase agreement pursuant to ORS 275.190 or 275.200.

�� (2) The proceeds arising under ORS 275.294:

�� (a) Must be credited to the county general fund by the county treasurer, if received from a lease or conveyance granting rights to explore, prospect for or remove biogas that is produced by decomposition of solid waste at any land disposal site or former land disposal site owned by the county. As used in this paragraph, �land disposal site� has the meaning given that term in ORS 459.005.

�� (b) Must be segregated from the portion of the proceeds described in paragraph (a) of this subsection and deposited in a separate account maintained by the county. Interest earned on the segregated portion of the proceeds must be credited to the account established under this paragraph.

�� (c) May be used, in an amount that does not exceed 10 percent of the proceeds, to reimburse a taxing district within the county for costs and expenses necessarily incurred by the district in providing improved, additional or extraordinary services required on lands in the county as a result of exploration, drilling, mining, logging or other activities authorized under a lease or conveyance under ORS

ORS 276.591

276.591, an agency may establish fees below the base rate, or provide reduced-cost or free parking:

�� (a) For employees who have been issued a disabled person parking permit by the Department of Transportation and require the use of their vehicle in traveling to and from work;

�� (b) For employees who have registered with and are participating in a carpool or vanpool;

�� (c) For employees participating in a program which encourages the use of parking spaces in noncongested areas;

�� (d) For motorcycles, bicycles and similar vehicles;

�� (e) To reduce a public hardship to those transacting business with the state agency or using the state agency services, but not including state employees; or

�� (f) Where conditions show that within the area there is no market or a reduced market for parking spaces.

�� (4) The state agency that controls the parking facility retains funds collected under this section. Funds collected under this section must be first used to cover the costs of parking as provided under subsection (2)(a) of this section. Agencies are encouraged to use additional receipts obtained under this section to offer programs to incentivize employee carpooling, vanpooling, transit use or other alternative commuting to support the goals under ORS 276.591.

�� (5) Subject to rules established by the department, an agency may establish fees in excess of the base rate for individually reserved parking spaces or parking spaces with greater desirability or quality.

�� (6) The state agency may designate spaces within a parking facility that are not leased as available to the public as free or metered spaces.

�� (7) Except as provided in this section, a state agency may not provide an employee with parking vouchers or reduced or free parking within a parking facility. [1981 c.591 �4; 2021 c.107 �4]

BUILDINGS AT STATE INSTITUTIONS; STATE BUILDING FUND

�� 276.610 State Building Fund. There is established a fund in the State Treasury to be known as the State Building Fund which shall be used for the construction, alteration and repair of buildings required for use of institutions and activities under the jurisdiction of the Department of Corrections, the Department of Human Services, the Oregon Health Authority, the governing boards of public universities listed in ORS 352.002 or the State Board of Education and for the furnishing and equipping of buildings so constructed, altered or repaired. [Amended by 1969 c.597 �51; 1987 c.320 �153; 2009 c.595 �195; 2013 c.768 �121; 2015 c.767 �77]

�� 276.612 Determining buildings to be constructed, altered, repaired, furnished and equipped. The Department of Corrections, the Department of Human Services, the Oregon Health Authority and the State Board of Education each shall determine the buildings to be constructed, altered, repaired, furnished and equipped for the use of institutions and activities under their respective jurisdictions. The governing board of a public university listed in ORS 352.002 shall determine the buildings to be constructed, altered, repaired, furnished and equipped for the use of public universities or offices, departments or activities under its jurisdiction. [Amended by 1969 c.597 �52; 1987 c.320 �154; 1991 c.703 �4; 1995 c.79 �94; 2009 c.595 �196; 2011 c.637 �87; 2013 c.768 �122; 2015 c.767 �78]

�� 276.614 [Repealed by 1969 c.597 �281]

OPTIONS

�� 276.625 Authority to acquire options; contingency; legislative review agency approval. The Oregon Department of Administrative Services may acquire options, enter into earnest money agreements and enter into similar arrangements to obtain the right to acquire real property, any improvements erected upon the property and any appurtenances connected with the property. However, the department�s exercise of any rights under such an option, agreement or arrangement, shall be made contingent upon the department first obtaining the approval of the legislative review agency as defined in ORS 291.371. Before removing the contingency, the department shall first obtain the approval of the proposed purchase from the legislative review agency as defined in ORS 291.371. [1985 c.276 �2; 2016 c.117 �45]

�� 276.710 [Repealed by 1981 c.126 �6]

�� 276.712 [Repealed by 1981 c.126 �6]

�� 276.714 [Repealed by 1981 c.126 �6]

�� 276.716 [Repealed by 1981 c.126 �6]

�� 276.718 [Repealed by 1981 c.126 �6]

�� 276.720 [Repealed by 1981 c.126 �6]

�� 276.722 [Repealed by 1981 c.126 �6]

�� 276.724 [Repealed by 1981 c.126 �6]

�� 276.726 [Repealed by 1981 c.126 �6]

�� 276.728 [Repealed by 1981 c.126 �6]

�� 276.730 [Repealed by 1981 c.126 �6]

COMMUNITY HOUSES

�� 276.732 Community houses in cities; constructing; financing; use. Any incorporated city may purchase a necessary site within its boundaries and erect and maintain thereon a community house for the benefit of the soldiers, sailors and marines of the Army and Navy of the United States, or persons who have been inducted into the service of such army or navy. For that purpose the city may levy taxes or issue and sell bonds of such city when empowered so to do by the electors of such city as provided in ORS 276.734. Such city may, by ordinance, prescribe rules and regulations and conditions upon which such community house may be used, occupied and governed.

�� 276.734 Submission of issues to electors. The council or other governing body of any city desiring to construct and maintain a community house under ORS 276.732 may submit the issues to the electors of the city at any regular or special election held within such city. At the election the electors of the city shall designate the maximum amount of money to be expended for the community house and shall specify the manner by which funds shall be secured for that purpose, whether by taxation or the sale of the bonds of the municipality.

�� 276.736 Levy of tax; sale of bonds; construction and maintenance of houses. The council or other governing body of the city, when authorized by vote of the majority of the electors thereof, shall:

�� (1) Levy the tax or issue and sell bonds as directed by such vote, not to exceed the maximum amount authorized.

�� (2) Purchase a site and erect and thereafter maintain the community house.

�� (3) Adopt ordinances regulating and governing the use and occupancy of the community house.

�� 276.800 [1975 c.280 �1; repealed by 1989 c.97 �1]

�� 276.805 [1975 c.280 �3; repealed by 1989 c.97 �1]

�� 276.810 [1975 c.280 �2; repealed by 1989 c.97 �1]

�� 276.815 [1975 c.280 �4; repealed by 1989 c.97 �1]

�� 276.820 [1975 c.280 �5; repealed by 1989 c.97 �1]

�� 276.825 [1975 c.280 �6; 1983 c.389 �1; 1985 c.731 �23; repealed by 1989 c.97 �1]

�� 276.830 [1975 c.280 �7; repealed by 1989 c.97 �1]

�� 276.840 [1975 c.280 �8; repealed by 1989 c.97 �1]

�� 276.845 [1975 c.280 �9; repealed by 1989 c.97 �1]

�� 276.850 [1975 c.280 �10; repealed by 1989 c.97 �1]

�� 276.855 [1975 c.280 �11; repealed by 1989 c.97 �1]

�� 276.860 [1975 c.280 �12; repealed by 1989 c.97 �1]

�� 276.865 [1975 c.280 �13; repealed by 1989 c.97 �1]

�� 276.870 [1975 c.280 �14; repealed by 1989 c.97 �1]

�� 276.875 [1975 c.280 �15; repealed by 1989 c.97 �1]

�� 276.880 [1975 c.280 �16; repealed by 1989 c.97 �1]

�� 276.885 [1975 c.280 ��17,18; repealed by 1989 c.97 �1]

�� 276.890 [1975 c.280 �19; repealed by 1989 c.97 �1]

STATE AGENCY FACILITY ENERGY DESIGN

�� 276.900 Policy. It is the policy of the State of Oregon that facilities to be constructed or purchased by authorized state agencies be designed, constructed, renovated and operated so as to minimize the use of energy resources and to serve as models of energy efficiency. [1979 c.734 �1; 1989 c.556 �1; 2001 c.683 �1; 2008 c.26 �1]

�� Note: 276.900 to 276.915 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 276.905 Definitions for ORS 276.900 to 276.915. As used in ORS 276.900 to 276.915, unless the context requires otherwise:

�� (1) �Alternative energy system� means an environmentally sound energy system that uses power derived from renewable resources including, but not limited to, the sun, wind, geothermal sources and heat recovery.

�� (2) �Authorized state agency� means a state agency, board, commission, department or division that is authorized to finance the construction, purchase or renovation of a facility that is or will be used by the State of Oregon.

�� (3) �Cost-effective� means that an energy resource, facility or conservation measure during its life cycle results in delivered power costs to the ultimate consumer no greater than the comparable incremental cost of the least cost alternative new energy resource, facility or conservation measure. Cost comparison must include, but need not be limited to:

�� (a) Cost escalations and future availability of fuels;

�� (b) Waste disposal and decommissioning costs;

�� (c) Transmission and distribution costs;

�� (d) Geographic, climatic and other differences in the state; and

�� (e) Environmental impact.

�� (4) �Energy conservation measure� means a measure primarily designed to reduce the use of energy resources in a facility.

�� (5) �Energy consumption analysis� means the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components and the external energy load imposed on a major facility by the climatic conditions of its location. �Energy consumption analysis� includes, but is not limited to:

�� (a) The comparison of a range of alternatives that is likely to include all reasonable, cost-effective energy conservation measures and alternative energy systems;

�� (b) The simulation of each system over the entire range of operation of a major facility for a year�s operating period;

�� (c) The evaluation of energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs; and

�� (d) The consideration of alternative energy systems.

�� (6) �Energy performance contract� has the meaning given that term in ORS 279A.010.

�� (7) �Energy systems� means all utilities, including but not limited to heating, cooling, ventilation, lighting and the supply of domestic hot water.

�� (8) �Facility� means a building or other structure owned or controlled by an authorized state agency that is used or occupied by employees of the authorized state agency or that is used for conducting public business.

�� (9) �Major facility� means a facility that has 10,000 square feet or more of usable floor space.

�� (10) �Performance guarantee� means an enforceable agreement between an authorized state agency and a qualified energy service company that:

�� (a) Allocates responsibilities between the authorized state agency and the qualified energy service company for achieving the purposes of an energy performance contract;

�� (b) Specifies conditions under which the qualified energy service company will guarantee savings, reductions, benefits or other purposes specified in the energy performance contract;

�� (c) Specifies a term during which the agreement remains valid; and

�� (d) Provides remedies to the authorized state agency, including damages and appropriate equitable relief, if a fixture, furnishing or system that the qualified energy service company recommends, designs and constructs, fabricates, assembles or installs into a facility fails to achieve the savings, reductions, benefits or other purposes specified in the energy performance contract.

�� (11) �Qualified energy service company� means a person that:

�� (a) Has demonstrated a technical, operational, financial and managerial capability for, and a prior record of success in, identifying and assessing needs for and recommending, designing and constructing, fabricating, assembling or installing fixtures, furnishings or systems that meet the requirements of an energy performance contract;

�� (b) Has developed expertise in measuring and verifying energy use and reductions in energy use, expertise in identifying greenhouse gas emissions and methods for reducing greenhouse gas emissions or expertise in methods of providing savings, reductions or other benefits that an authorized state agency may seek through an energy performance contract; and

�� (c) Otherwise meets standards that the State Department of Energy or an authorized state agency specifies for prequalification.

�� (12) �Renovation� means an addition to, alteration of or repair of a facility that adds to or alters the facility�s energy systems, provided that the affected energy systems account for 50 percent or more of the facility�s total energy use. [1979 c.734 �2; 1987 c.320 �155; 1989 c.556 �2; 2001 c.683 �2; 2008 c.26 �2; 2025 c.161 �1]

�� Note: See note under 276.900.

�� 276.910 Use of fuel cell power systems in state agency facilities; rules. (1) Before constructing or renovating a major facility, an authorized state agency shall, after comparing various equipment options and to the greatest extent practicable, use fuel cell power systems for emergency backup power applications and for critical power applications in lieu of other equipment options.

�� (2)(a) The State Department of Energy shall, in consultation with the Oregon Department of Administrative Services, adopt rules establishing criteria for the comparison of fuel cell power systems and other equipment options required by subsection (1) of this section.

�� (b) Criteria to be established under this subsection must address:

�� (A) The impact of emissions, including but not limited to nitrous oxide, sulfur oxide, carbon monoxide, carbon dioxide and particulates, from various equipment options, on the environment, regardless of whether the equipment is installed indoors or installed outdoors;

�� (B) Life cycle costs, including but not limited to acquisition costs, installation and commissioning costs, siting and permitting costs, maintenance costs and fueling and decommissioning costs; and

�� (C) The complexity of equipment options and any ancillary equipment. [2009 c.748 �6]

�� Note: 276.910 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 276.915 Energy design requirements; rules; fees; waiver. (1) An authorized state agency may construct or renovate a facility only if the authorized state agency determines that the design incorporates all reasonable cost-effective energy conservation measures and alternative energy systems. The determination by the authorized state agency shall include consideration of indoor air quality issues and operation and maintenance costs.

�� (2) Whenever an authorized state agency determines that a major facility is to be constructed or renovated, the authorized state agency shall cause to be included in the design phase of the construction or renovation a provision that requires an energy consumption analysis to be prepared for the facility under the direction of a professional engineer or registered architect or under the direction of a person that is prequalified in accordance with this section. The authorized state agency and the State Department of Energy shall agree to the list of energy conservation measures and alternative energy systems that the energy consumption analysis will include. The energy consumption analysis and facility design must be delivered to the State Department of Energy during the design development phase of the facility design. The State Department of Energy shall review the energy consumption analysis and forward the department�s findings to the authorized state agency within 10 working days after receiving the energy consumption analysis, if practicable.

�� (3) The State Department of Energy, in consultation with authorized state agencies, shall adopt rules to carry out the provisions of ORS 276.900 to 276.915. These rules must:

�� (a) Include a simplified and usable method for determining which energy conservation measures and alternative energy systems are cost-effective. The method must reflect the energy costs of the utility serving the facility.

�� (b) Prescribe procedures for determining if a facility design incorporates all reasonable cost-effective energy conservation measures and alternative energy systems.

�� (c) Establish fees through which an authorized state agency will reimburse the State Department of Energy for the department�s review of energy consumption analyses and facility designs and the department�s reporting tasks. The fees imposed may not exceed 0.2 percent of the capital construction cost of the facility and must be included in the energy consumption analysis required in subsection (2) of this section. The State Department of Energy may provide for a waiver of fees and reviews if the authorized state agency demonstrates that the facility will be designed and constructed in a manner that incorporates only cost-effective energy conservation measures or in a manner that exceeds the energy conservation provisions of the state building code by 20 percent or more.

�� (d) Periodically define highly efficient facilities. A facility constructed or renovated after June 30, 2001, shall exceed the energy conservation provisions of the state building code by 20 percent or more, unless otherwise required by rules adopted under this section.

�� (e) Establish guidelines for incorporating energy efficiency requirements into lease agreements of 10 or more years to be phased in as current lease agreements expire or as new lease agreements are entered into, allowing reasonable time for the owner to implement the requirements of this section.

�� (f) Establish criteria by which the State Department of Energy determines that a person is prequalified and approves the person to perform work in accordance with this section.

�� (4) An authorized state agency shall report annually to the State Department of Energy concerning energy use in the authorized state agency�s facilities. The State Department of Energy shall specify by rule the form and content of and deadlines for the reports. The rules must minimize costs to state agencies of the reports and minimize duplication of reporting requirements for building energy performance standards under ORS 469.275 to 469.291.

�� (5) The State Department of Energy by rule may require mandatory prequalification as a condition for a person to submit a bid or proposal to perform the following work for an authorized state agency:

�� (a) Direct an energy consumption analysis for an authorized state agency under subsection (2) of this section, unless the person is a professional engineer or a registered architect;

�� (b) Enter into an energy performance contract as a qualified energy service company; or

�� (c) Perform energy audits, building commissioning, monitoring and verification services and other services related to the operation and management of a facility�s energy systems, except for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services as defined in ORS 279C.100.

�� (6)(a) An authorized state agency may enter into an energy performance contract with a qualified energy service company for the purpose of meeting requirements set forth in this section and for other purposes for which the authorized state agency determines that an energy performance contract is appropriate for constructing or renovating a facility.

�� (b) An authorized state agency may enter into an energy performance contract without conducting a competitive procurement under ORS 279C.335 if:

�� (A) The authorized state agency negotiates a performance guarantee for the benefits that the energy performance contract will provide to the authorized state agency; and

�� (B) The authorized state agency enters into the energy performance contract:

�� (i) In accordance with rules the Attorney General adopts under ORS 279A.065; and

�� (ii) With a qualified energy service company that the State Department of Energy has prequalified under subsection (3)(f) of this section and has listed as an approved contractor.

�� (7) The State Department of Energy may recover from authorized state agencies the costs associated with administering the provisions of this section, including costs associated with adopting rules, maintaining a state energy use database and prequalifying a person under this section.

�� (8) The State Department of Energy and the Oregon Department of Administrative Services shall jointly prepare a biennial report summarizing the progress toward achieving the goals of this section. The biennial report shall be made available to the public. [1979 c.734 �3; 1989 c.556 �3; 1995 c.551 �18; 2001 c.683 �3; 2008 c.26 �3; 2009 c.259 �24; 2011 c.458 �7; 2013 c.196 �19; 2015 c.767 �79; 2025 c.91 �1; 2025 c.161 �2]

�� Note: See note under 276.900.

PENALTIES

�� 276.990 Penalties. (1) Subject to ORS 153.022, a person who violates any rule lawfully promulgated under this chapter commits a Class A violation.

�� (2) Any agency or officer of the state having authority to regulate parking may enter into agreements or contracts with any county, city or political subdivision under such terms as the agency or officer considers advisable to prosecute violations of subsection (1) of this section.

�� (3) Any person who in any way intentionally or maliciously damages or obstructs any water line of the public buildings and grounds or state institution or in any way contaminates or renders the water impure or injurious is guilty of a misdemeanor and shall, upon conviction, be punished as provided in ORS 431.990 for violation of the statutes enumerated therein. [Amended by 1967 c.450 �4; 1969 c.199 �47; 1973 c.663 �1; 1977 c.50 �1; 1977 c.598 �27; 1999 c.1051 �170]

ORS 279A.010

279A.010, a device or facility for delivering electricity to the public for electric motor vehicles is not a public improvement.

�� (4) A state agency that contracts with a vendor under subsection (1)(b) or (3)(a) of this section shall require in the contract that the vendor:

�� (a) Indemnify the state agency against any claim related to or arising out of the vendor�s operations on premises that the state agency owns or controls;

�� (b) Obtain a policy of liability insurance in an amount sufficient to pay foreseeable claims that relate to or arise out of the vendor�s operations, name the state agency as an insured party in the policy and maintain coverage under the policy during the term of the contract and for two years after the contract term expires; and

�� (c) Pay workers that the vendor employs for any work related to installing a device or facility the prevailing rate of wage, as defined in ORS 279C.800.

�� (5) A state agency may by order establish and adjust prices for using devices or facilities described in subsection (1)(a) of this section that are located on premises the state agency owns or controls. The state agency shall endeavor to set the price for using the devices or facilities at a level that:

�� (a) Recovers to the maximum extent practicable the cost of operating and administering the devices or facilities described in subsection (1)(a) of this section; and

�� (b) Does not exceed 110 percent of the average market price for delivering electricity to the public for the purpose described in subsection (1)(a) of this section in the county in which the device or facility is located.

�� (6) Subject to subsection (5) of this section, a state agency shall set the price for delivering electricity at devices and facilities located on premises that the state agency owns or controls. The state agency shall use criteria and a methodology that the department specifies for calculating the price.

�� (7) The department shall report to the Legislative Assembly in the manner provided by ORS 192.245 not later than February 1, 2019, February 1, 2021, and February 1, 2023, concerning state agency implementation of the authority granted in subsections (1), (2), (4), (5) and (6) of this section. Each report must, as of the date of the report:

�� (a) List the number of devices or facilities for delivering electricity to the public for electric motor vehicles that state agencies installed or had installed in the previous two years and the total number of installations that have occurred since June 2, 2018;

�� (b) List the number of devices or facilities that state agencies have planned for installation in the next two years;

�� (c) List the cost to the state agency of each installation and calculate:

�� (A) An average cost for installations that state agencies have completed or had completed; and

�� (B) An overall trend line for costs that state agencies have incurred;

�� (d) Specify the current price that each state agency charges under subsection (6) of this section and any changes in the price that occurred in the previous two years;

�� (e) Specify for each state agency an average rate of utilization for all of the devices or facilities located on premises that the state agency owns or controls, calculated as the ratio of the time each day during which a person is actually using the devices or facilities and the time each day in which the devices and facilities are available for use; and

�� (f) Specify whether and to what extent using electric motor vehicles and devices or facilities located on premises that state agencies own or control to provide electricity for state agency electric motor vehicles results in a cost savings to the state agency in comparison to using motor vehicles that do not use electricity for propulsion. [2013 c.526 �1; 2018 c.90 �1; 2019 c.104 �1]

�� Note: 276.255 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 276.260 [1975 c.634 �4; repealed by 1977 c.598 �35]

�� 276.265 Apprenticeship programs; state agency as training agent. (1) It is the policy of this state to encourage public agencies to participate in apprenticeship programs. Every public agency employing five or more persons in the same apprenticeable occupation for the improvement or maintenance, not including routine maintenance, of a public facility shall be encouraged to register as a training agent with the appropriate apprenticeship committees and shall be expected to employ at least one apprentice for that apprenticeable occupation, subject to the public agency�s available and legislatively approved budget resources. The public agency shall be subject in its capacity as a training agent to the rules and policies of the responsible apprenticeship committees and the State Apprenticeship and Training Council.

�� (2) For purposes of this section:

�� (a) �Apprenticeable occupation� has the meaning defined in ORS 660.010.

�� (b) �Employing five or more persons� means the employment of five or more persons at any time during the current or immediately prior fiscal year; provided, however, that a public agency may petition the State Apprenticeship and Training Council for exemption from the requirements of this section on the grounds that the public agency�s circumstances have so changed since the immediately prior fiscal year as to make application of this section contrary to the interests of current or potential apprentices.

�� (c) �Improvement or maintenance, not including routine maintenance� means construction, reconstruction and major renovation of or to and painting of public facilities and includes the remodeling, alteration and emergency repair of buildings, other structures, real property, highways and roads. �Improvement or maintenance, not including routine maintenance� does not include minor alteration, ordinary repair or maintenance necessary in order to preserve a public facility.

�� (d) �Public agency� means the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter.

�� (e) �Public facility� means the works, buildings and grounds owned, leased or rented by a public agency and which are situated within the State of Oregon, and shall include any such works, buildings or grounds governed, managed or administered by the Oregon Department of Administrative Services. [1991 c.897 �2]

(Financing Construction, Maintenance and Repair)

�� 276.280 Definitions for ORS 276.285. As used in ORS 276.285:

�� (1) �Construction� means the building, installation or assembly of a new facility; the addition, expansion, alteration, conversion or replacement of an existing facility; or the relocation of a facility from one location to another. �Construction� includes the installation of equipment made a part of the facility and related site preparation.

�� (2) �Facility� means a building, structure, utility and other support systems, or other improvement upon real property.

�� (3) �Improvement� means additions to buildings, structures or other facilities that are intended to be permanent.

�� (4) �Maintenance� means activities to keep facilities in an efficient operating condition and that do not add to the value or extend the economic life of the facilities.

�� (5) �Operations� means activities to run and use a facility for its purpose.

�� (6) �Real property� means land and all buildings, structures and improvements thereon. �Real property� includes fixtures erected on, above or under the land, and includes landscaping, crops, fencing and other support elements.

�� (7) �Repair� means work done to restore worn or damaged real property or facilities to normal operating condition.

�� (8) �Replace� means to exchange or substitute a facility component for another component performing the same function at the same or higher level of performance or economy and in compliance with then current building code requirements. [1995 c.452 �9]

�� 276.285 Maintenance, preservation and development of state-owned property; dedicated accounts; rental program. (1) It is the policy of the State of Oregon to facilitate and encourage state agencies that own real property and operate facilities to manage and develop these properties in an effective and businesslike manner. The maintenance, preservation and development of state-owned real property and facilities, including, but not limited to, educational institutions, hospitals, parks, roads, libraries and fish hatcheries is essential to enable the State of Oregon to meet the needs of its citizens now and in the future. The purpose of chapter 452, Oregon Laws 1995, is to maintain and protect the investment of the State of Oregon in its public infrastructure.

�� (2) Any state agency that owns and operates real property or facilities is authorized to establish a separate dedicated account in the State Treasury for the purpose of paying the expenses of constructing, operating, maintaining, repairing, replacing, equipping, improving, acquiring and disposing of such real property and facilities. All moneys in an account established pursuant to this subsection are appropriated continuously to the agency for the purposes described in this subsection. All interest earned on moneys in the account shall be retained in and credited to the account.

�� (3) Any state agency that owns or operates real property or facilities may establish a rental program for the purpose of recovering and paying for the costs, including debt service, of constructing, operating, maintaining, repairing, replacing, equipping, improving and disposing of real property and facilities consistent with the statutory authority of the state agency. All revenues from such rental programs shall be deposited in the account established pursuant to subsection (2) of this section.

�� (4) Whenever a state agency that owns and operates real property and facilities, and that has an established account under subsection (2) of this section sells or leases real property, the proceeds from the sale or lease shall be credited to the account established pursuant to subsection (2) of this section, unless disposition of the proceeds is otherwise provided by law.

�� (5) If a state agency that owns and operates real property and facilities has other statutory authority to provide funding for real property and facility operation and management, the agency may use that authority in lieu of or in addition to the provisions of this section.

�� (6) When a state agency establishes an account pursuant to subsection (2) of this section, the agency shall provide a report of the revenues to and expenditures from the account as part of its budget submission to the Governor and the Legislative Assembly under ORS chapter 291. The establishment by state agencies of rental rates for real property or facilities pursuant to this section shall be on a biennial basis as part of the budget development process, but modification of the rates may be made during the interim between legislative sessions after a report to the Emergency Board of the proposed rate modification. [1995 c.452 �10; 2017 c.532 �13]

�� Note: Legislative Counsel has substituted �chapter 452, Oregon Laws 1995,� for the words �this Act� in section 10, chapter 452, Oregon Laws 1995, compiled as 276.285. Specific ORS references have not been substituted pursuant to 173.160. These sections may be determined by referring to the 1995 Comparative Section Table located in Volume 22 of ORS.

ASSIGNMENT, LEASING AND RENTAL OF STATE BUILDINGS AND OTHER OFFICE QUARTERS

�� 276.385 Rentals for buildings other than State Capitol or Supreme Court Building. (1) Notwithstanding any other provision of law, the Oregon Department of Administrative Services shall fix rentals for space in buildings specified in ORS 276.004, and rentals or other charges for parking facilities. The rentals shall be fixed on a basis as nearly uniform as practicable to provide amounts:

�� (a) To pay the expenses of operating, maintaining and insuring and paying depreciation on the buildings controlled and managed by the department;

�� (b) To construct, improve, repair, equip and furnish additional buildings, structures and other projects for state government, and to purchase or improve sites therefor; and

�� (c) To provide amounts necessary to repay indebtedness, and the interest thereon, incurred to construct, improve, repair, equip and furnish buildings, structures and other projects for state government.

�� (2) The Oregon Department of Administrative Services shall negotiate with the Department of Transportation and other state agencies who own, operate or control state buildings to determine a fair rental rate when such facilities are to be used by other than the owning agency.

�� (3) Except in the case of the State Transportation Building and such other buildings owned or controlled by other state agencies, all rentals under this section shall be credited to the Oregon Department of Administrative Services Operating Fund. Rentals for the State Transportation Building, and such other state-owned buildings, are credited to the appropriate state fund for the purposes of that fund. [1969 c.706 �10; 1977 c.116 �4; 1977 c.598 �12; 1993 c.500 �21; 2005 c.755 �9]

�� 276.390 Submission of rent schedule to Emergency Board or Joint Interim Committee on Ways and Means. Not later than June 30 of each even-numbered year, the Oregon Department of Administrative Services shall submit to the Emergency Board or to the Joint Interim Committee on Ways and Means a schedule of rentals proposed for the biennium beginning on July 1 of the next calendar year. [1969 c.706 �11; 1977 c.598 �13; 2011 c.545 �36; 2012 c.107 �7; 2019 c.20 �1]

�� 276.410 Assignment of quarters to officers and state agencies. (1) The Oregon Department of Administrative Services shall assign state agencies office space in the buildings described in ORS 276.004 or in leased quarters as provided in ORS

ORS 279C.580

279C.580.

�� (2) If the board determines after notice and opportunity for hearing that a contractor or a subcontractor did not make payment to persons who supplied labor or materials in connection with a public contract for a public improvement within 60 days after the date when payment was received by the contractor or subcontractor, the board shall place the contractor or the subcontractor on the list of persons who have been determined to be not qualified to hold or participate in a public contract for a public improvement. The board may not place a contractor or subcontractor on the list if the only reason that the contractor or subcontractor did not make payment to a person when payment was due is that the contractor or subcontractor did not receive payment from the public contracting agency, contractor or subcontractor when payment was due. The contractor or subcontractor shall remain on the list for a period of not less than six months.

�� (3) If the board determines that the information supplied to the board against a contractor or subcontractor was supplied in bad faith or was false, the person who supplied the information in bad faith or supplied false information shall be placed on the list of persons who have been determined to be not qualified to hold or participate in a public contract for a public improvement.

�� (4) The board shall create and maintain a list of contractors and subcontractors who have been determined to be not qualified to hold or participate in a public contract for a public improvement. The list may include any corporation, partnership or other business entity of which the contractor or subcontractor is an owner, shareholder or officer of the business or was an owner or officer of the business. The board shall provide access to the list to all public contracting agencies, contractors and subcontractors. [1999 c.689 �9; 2003 c.794 �318; 2005 c.409 ��1,2; 2007 c.793 �22]

�� 701.230 Board to provide names of unlicensed or improperly endorsed contractors to other state agencies. At least once each month, the Construction Contractors Board shall provide to investigative units of the Department of Revenue, Department of Consumer and Business Services and Employment Department the name and address of each person who acts as a contractor in violation of this chapter or who knowingly assists an unlicensed person or a licensed contractor that is not properly endorsed to act in violation of this chapter. [1983 c.616 �2; 1989 c.928 �27; 1999 c.402 �35; 2007 c.836 �35]

�� 701.235 Rulemaking. (1) The Construction Contractors Board shall adopt rules to carry out the provisions of this chapter including, but not limited to, rules that:

�� (a) Establish language for surety bonds;

�� (b) Establish processing requirements for different types of complaints described in this chapter;

�� (c) Limit whether a complaint may be processed by the board if there is no direct contractual relationship between the complainant and the contractor;

�� (d) Subject to ORS 701.145, 701.153 and 701.157, exclude or limit recovery from the contractor�s bond required by ORS 701.068 of amounts awarded by a court or arbitrator for interest, service charges, costs and attorney fees arising from commencing the arbitration or court action and proving damages; and

�� (e) Designate a form to be used by an owner of residential property under ORS 87.007 for the purpose of indicating the method the owner has selected to comply with the requirements of ORS 87.007 (2) or to indicate that ORS 87.007 (2) does not apply.

�� (2) The board may adopt rules prescribing terms and conditions under which a contractor may substitute a letter of credit from a bank authorized to do business in this state instead of the bond requirements prescribed in ORS 701.068. [1971 c.740 �19; 1989 c.928 �28; 1991 c.181 �13; 2001 c.197 �19; 2003 c.778 �6; 2007 c.793 �23; 2007 c.836 �36; 2011 c.630 ��52,72; 2016 c.99 �14]

�� 701.236 Rulemaking to interpret, harmonize or adjust licensing requirements; exceptional circumstances. (1) To the extent that a requirement necessary to obtain or maintain a license, endorsement or other authorization to perform work from the Construction Contractors Board is unclear, duplicative or in conflict, or in instances where a requirement conflicts with the board�s efforts to modernize operations and ensure consistent regulatory enforcement, the board may adopt rules the board deems necessary to interpret, harmonize, streamline, adjust or promote consistent application of the requirement.

�� (2) The board by rule may identify exceptional circumstances for considering a complaint under ORS 701.139, 701.140 or 701.143 that the board would ordinarily deny, if the complaint otherwise complies with the requirements of this chapter to the maximum extent possible under the identified circumstances. [2023 c.277 �2]

�� 701.238 Determination of licensing application fee; rules. (1) Before July 1 of each year, the Construction Contractors Board shall determine the amounts of the fees to be charged for applications under ORS 701.056 for the issuance or renewal of contractor licenses. The fee amounts are subject to prior approval of the Oregon Department of Administrative Services. The fee amounts shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fee amounts established under this section may not exceed the cost of administering the regulatory program of the Construction Contractors Board under this chapter, as authorized by the Legislative Assembly within the board�s budget, as the budget may be modified by the Emergency Board.

�� (2) The amounts of the fees determined by the Construction Contractors Board under subsection (1) of this section shall be effective as set by rule. [Formerly 701.130; 2023 c.602 �29]

�� 701.240 Provision of licensed contractors list to other state agencies; rules. (1) The Construction Contractors Board shall supply the Department of Revenue and the Employment Department with a partial or complete list of licensees as deemed necessary by the board.

�� (2) The lists required by subsection (1) of this section shall contain the name, address, Social Security or federal employer identification number of each licensee or such other information as the departments may by rule require. [1989 c.870 �6; 1999 c.402 �36; 2005 c.22 �479]

�� 701.245 [1971 c.740 �23; 1975 c.721 �10; repealed by 1979 c.31 �1]

�� 701.246 Confidentiality of information; permissible disclosures. (1) Social Security numbers, driver license numbers, dates of birth and other personal identifier information included in a license or certificate application filed under this chapter are confidential. Except as provided in this section, the Construction Contractors Board may not disclose personal identifier information contained in a license or certificate application.

�� (2) Subsection (1) of this section does not prohibit the board from making the following disclosures:

�� (a) Disclosures made with the written consent of the person to whom the personal identifier information pertains.

�� (b) Disclosures of information that a license or certificate holder is required by law or rule to disclose to the public, including but not limited to board-issued license or certificate numbers.

�� (c) Disclosures for the purpose of causing, conducting or assisting an investigation into possible violations of law, rules or regulations, including but not limited to disclosures to an administrative agency, law enforcement agency or district attorney office. A public body receiving information from the board under this paragraph may not disclose the information except as necessary to an investigation or as necessary to criminal, civil or contested case proceedings. [2009 c.226 �2]

�� 701.250 Board to provide licensee�s status on request; fee. (1) Any individual may request and the Construction Contractors Board shall provide notification of the status of one or more licensees. Status information provided by the board shall include any professional credentials earned by the contractor as described in ORS 701.120.

�� (2) The board may charge a standard fee for the notification described in subsection (1) of this section not to exceed the cost of preparation and provision of such notices. [1989 c.870 �7; 1999 c.402 �37; 2001 c.311 �4; 2001 c.428 �2; 2002 s.s.1 c.6 ��2,7; 2003 c.778 �11]

�� 701.252 [1999 c.174 �2; 2001 c.104 �281; 2007 c.793 �24; repealed by 2007 c.836 �51]

�� 701.255 Funds retained for collection of civil penalties. The Construction Contractors Board may retain 20 percent annually from the funds collected under ORS 701.992. The amount retained under this section shall be continuously appropriated for the board�s costs of collection of civil penalties imposed by order of the board. [1989 c.928 �29; 1995 c.771 �5]

�� 701.260 Appeal committee; membership; duties. (1) From within its membership, the Construction Contractors Board shall appoint three members, including one of the public members or the elected official, as an appeal committee. The board may appoint one or more appeal committees. At least one residential contractor shall be appointed to any committee that hears appeals involving residential complaints.

�� (2) An appeal committee shall hear appeals on proposed orders and on petitions for reconsideration and rehearing and motions for stays that were originally appealed to the board as proposed orders.

�� (3) The Construction Contractors Board shall not consider an appeal of a decision of an appeal committee. However, the full board may act as an appeal committee. The parties affected by a decision of an appeal committee shall retain the right to appeal the decision to the Court of Appeals. [1989 c.928 �24; 1993 c.470 �1; 1993 c.742 �53]

�� 701.265 Continuing education system for residential contractors; rules. (1) The Construction Contractors Board shall adopt rules establishing a continuing education system for residential contractors licensed by the board. The rules shall include, but need not be limited to, minimum standards to be met:

�� (a) By approved providers of continuing education; and

�� (b) By courses that the board approves as continuing education.

�� (2) In establishing the continuing education system, the board may give consideration to any continuing education program adopted by national construction licensing trade associations. [2013 c.718 �2]

�� 701.267 Agreements with continuing education providers; credits; fees. (1) The Construction Contractors Board may enter into agreements with approved continuing education providers for the providers to offer education developed by the board under ORS 701.082 (1)(b). The agreements may provide for the board to collect payment from the providers for the use of the education materials developed by the board.

�� (2) In determining whether to approve an entity as a provider of continuing education that is required under ORS 701.082 (1)(c), the board shall consider:

�� (a) Instructor qualifications; and

�� (b) Attendance verification procedures.

�� (3) In determining whether to approve a course as continuing education described in ORS 701.082 (1)(c), the board shall consider the course content.

�� (4) In determining any process for approving an entity as a provider of continuing education that is not required under ORS 701.082 (1), the board may consider attendance verification procedures.

�� (5) The board may determine the number of continuing education hours to be credited to a continuing education course or to a specialized education program described in ORS 701.083.

�� (6) The board may establish reasonable fees for approvals of entities as continuing education providers, approvals of continuing education courses and approvals of specialized education programs described in ORS 701.083 and reasonable fees for any continuing education courses offered by the board. The board may charge an approved provider a reasonable fee for each attendee completing course hours in approved continuing education to cover board costs associated with administering the residential contractor continuing education system. [2013 c.718 �3]

�� 701.269 Residential general master builder certification program; requirements; standards; fees; rules. (1)(a) The Construction Contractors Board may establish a voluntary certification program for a residential general master builder of vertical homeownership structures and other structures and may define a vertical homeownership structure by rule. At a minimum, the certification program must provide education, training, assessment and evaluation of individuals with respect to the individuals� knowledge of and skills in:

�� (A) Foundations;

�� (B) Roofing;

�� (C) Wall construction;

�� (D) Siding installation; and

�� (E) Energy systems.

�� (b) The board may specify certification standards that differ by the type of structure in which the master builder may specialize, in the qualifications necessary to obtain certification in each type of structure and in education and training standards necessary to qualify for each type of certification.

�� (2) The board may adopt rules to implement the provisions of this section and may establish and charge to applicants for certification any fees that are necessary to pay the expenses of administering the certification program under this section. [2021 c.413 �2]

�� 701.270 [1989 c.928 �25; repealed by 1993 c.470 �5 and 1993 c.742 �11]

�� 701.272 Interagency agreements. (1) The Construction Contractors Board may enter into interagency agreements with the Department of Consumer and Business Services for the department to perform duties on behalf of the board under this chapter regarding:

�� (a) Licenses, registrations and other authorizations; or

�� (b) Regulated activities of a contractor.

�� (2) Subject to the approval of the Director of the Department of Consumer and Business Services or the affected advisory board, the department or advisory board may enter into an agreement with the Construction Contractors Board under this section regarding performance by the advisory board of Construction Contractors Board duties. An agreement described in this subsection is considered for purposes of this section to be an agreement between the department and the Construction Contractors Board.

�� (3) An interagency agreement under this section may provide for the department to perform all or part of the duties described in the agreement within one or more areas within the state or on a statewide basis. Any department employees utilized to carry out an agreement under this section shall remain employees of the department without loss of seniority or reduction in pay or benefits, but the agreement may provide for the board to retain control over the final work product of the employees. An agreement under this section may not be used to avoid any provision of a collective bargaining agreement.

�� (4) An interagency agreement under this section may provide for:

�� (a) Good faith cooperation between the department and the board to enable the department and the board to carry out their respective duties under law or under the agreement;

�� (b) The sharing of resources, including but not limited to the department system described in ORS 455.095 and 455.097, equipment, systems, processes and records, documents and other information;

�� (c) Using department and board information, including but not limited to complaints, reports, findings and orders, to carry out the laws that the department administers and enforces on behalf of the board;

�� (d) Ensuring the security of information shared under the agreement;

�� (e) Purchases by the department of supplies and equipment to carry out duties on behalf of the board, subject to the board�s reimbursement of the department;

�� (f) The use of financing agreements to provide resources necessary or convenient to carry out the agreement; and

�� (g) Acceptance by the department of moneys in payment of board fees, the temporary retention and transfer of fee moneys and the reimbursement of the department�s expenses under the agreement from those fee moneys.

�� (5)(a) A financing agreement provided for as described in subsection (4)(f) of this section is exempt from ORS 283.085 to 283.092 and ORS chapter 286A.

�� (b) Any board moneys accepted by the department as provided in subsection (4)(g) of this section must be identified and accounted for separately from any other moneys in the possession of or available to the department. Board moneys temporarily retained by the department, regardless of where kept or deposited, are moneys of the board. The retained moneys are not subject to any appropriation to the department, any authorization for or limitation on the expenditure of moneys by the department, any restriction on the source, use or transfer of department moneys or any judgment, lien or other claim against moneys of the department. Notwithstanding any requirement or limitation on the retention of moneys by a state agency, the retention of board moneys by the department under an interagency agreement described in this section shall be governed solely by the terms of the agreement.

�� (6) An interagency agreement under this section may not:

�� (a) Delegate the authority of the board or the board administrator to establish policies or to make a final determination on any matter;

�� (b) Allow the department to hold board fee moneys in a department account that does not allow for the separate tracking and accounting of those moneys;

�� (c) Allow the department to hold board fee moneys past the end of the fiscal quarter in which the fee moneys were collected; or

�� (d) Transfer board expenses to the department. [2015 c.110 �4]

�� 701.280 [1991 c.732 ��2,3,4; 1995 c.216 �5; 1997 c.814 �5; 1999 c.173 �1; 1999 c.402 �38; 2001 c.160 �7; repealed by 2005 c.432 �18]

�� 701.285 [Formerly 456.752; repealed by 2001 c.160 �8]

�� 701.290 [1995 c.560 �1; repealed by 2001 c.850 �8]

�� 701.295 Board duty to investigate and seek prosecution of illegal activity. The Construction Contractors Board shall investigate allegations of illegal activity in the construction industry and seek civil or criminal prosecution of illegal activity that warrants more than an administrative sanction. [2001 c.850 �4]

�� 701.300 [1989 c.928 �11; repealed by 1991 c.181 �16]

CONSTRUCTION CONTRACTS AND NOTICES

�� 701.305 Requirement for written contract with residential property owner; standard contractual terms; rules. (1) A contractor may not perform work to construct, improve or repair a residential structure or zero-lot-line dwelling for a property owner without a written contract if the aggregate contract price exceeds $2,000. If the price of a contract was initially less than $2,000, but during the course of performance the contract exceeds that amount, the contractor shall mail or otherwise deliver a written contract to the property owner not later than five days after the contractor knows or should reasonably know that the contract price will exceed $2,000. Failure to have a written contract will not void the contract.

�� (2) The Construction Contractors Board shall adopt rules that require a contractor to use standard contractual terms in a construction contract for which subsection (1) of this section requires a written contract. The standard contractual terms shall be clear and use words of common understanding. [2007 c.648 �7; 2009 c.408 �8; 2009 c.409 �1; 2013 c.168 �1]

�� 701.310 Cancellation of contract. (1) A property owner who enters into an initial written contract for the construction, improvement or repair of a residential structure or zero-lot-line dwelling on real property owned by the property owner may cancel the contract by delivery of a written notice of cancellation anytime prior to 12 midnight at the end of the next business day. The notice of cancellation may be delivered in any written form or by any means that can readily be converted to written form, including, but not limited to, facsimile, electronic mail and regular mail. The notice must state the intention of the property owner to cancel the contract.

�� (2) Subsection (1) of this section does not allow a property owner to cancel a contract:

�� (a) If both parties agree that work is to begin before the cancellation period has expired;

�� (b) After a contractor substantially begins the residential construction, improvement or repair; or

�� (c) When an initial contract is being modified after expiration of the initial cancellation period. [2007 c.648 �8; 2009 c.409 �2]

�� 701.312 Additional grounds for placing contractor on probation. Notwithstanding the conditions specified for probation in ORS 701.102 (3), the Construction Contractors Board may place a contractor on probation as provided in ORS 701.102 (3) if the contractor offers to perform a home improvement, accepts a deposit of more than 50 percent of the total contract price and:

�� (1) Fails to perform diligently and in accordance with the contract specifications the home improvement for which the contractor received the deposit; or

�� (2) Fails to perform the home improvement for which the contractor received the deposit and fails to return the deposit within 10 days after a reasonable demand to return the deposit. [2010 c.77 �6]

�� 701.315 Contents of contract for work on residential structure. A contract that is for the performance of work on a residential structure and that is subject to this chapter may not contain a provision that limits the right of a person to file a complaint described in ORS 701.140 with the Construction Contractors Board. A contract described in this section may contain a provision requiring mediation or arbitration of a dispute arising from the contract. [Formerly 701.175]

�� 701.320 Offer of warranty; withdrawal of contract offer. (1) A contractor that enters into a contract to construct a new residential structure or zero-lot-line dwelling, or to sell a new residential structure or zero-lot-line dwelling constructed by the contractor, shall make a written offer to the property owner or original purchaser of the structure or dwelling of a warranty against defects in materials and workmanship for the structure or dwelling. The property owner or original purchaser of the structure or dwelling may accept or refuse the offer of a warranty by the contractor. If a contractor makes the written offer of a warranty before the contractor and the property owner both sign a written construction contract and the property owner refuses the offered warranty, the contractor may withdraw the offer to construct the structure or dwelling.

�� (2) Subsection (1) of this section does not apply to a residential structure that is a manufactured dwelling as defined in ORS 446.003. [2007 c.648 �11; 2009 c.409 �3]

�� 701.325 Condition for obtaining building permit; information notice; business licenses; local regulation. (1) If a person is required under this chapter to be licensed as a contractor, a city, county or state agency may not issue the person a building permit unless the person has a current, valid contractor license properly endorsed for the work to be performed. A city, county or state agency that requires the issuance of a permit for the construction, alteration, improvement, demolition, movement or repair of a building, structure or appurtenances to a structure shall, as a condition for issuing the permit, require the applicant for a permit to file a written statement signed by the applicant. If the applicant is a contractor, the contractor shall provide the contractor�s license number and state that the license is in full force and effect. If the applicant is exempt from licensing under this chapter, the applicant shall state the basis for the exemption. The city, county or state agency shall list the contractor�s license number on the permit issued to that contractor.

�� (2) If the applicant for a building permit is exempt from licensure under ORS 701.010 (6), the city, county or state agency shall supply the applicant with an Information Notice to Property Owners About Construction Responsibilities. The city, county or state agency may not issue a building permit for a residential structure to the applicant until the applicant signs a statement in substantially the following form:

�� (a) I have read and understand the Information Notice to Property Owners About Construction Responsibilities; and

�� (b) I own, reside in or will reside in the completed dwelling. My residential general contractor is ___, Construction Contractors Board license no. _, license expiration date ___. I will instruct my contractor that all subcontractors who work on this dwelling must be licensed with the Construction Contractors Board and properly endorsed for the work to be performed; or

�� (c) I am performing work on property I own, a residence that I reside in or a residence that I will reside in.

�� (d) I will be my own contractor and, if I hire contractors, I will hire only contractors licensed with the Construction Contractors Board and properly endorsed for the work to be performed.

�� (e) If I change my mind and do hire a residential general contractor, I will contract with a contractor who is licensed with the Construction Contractors Board and properly endorsed for the work to be performed. I will immediately notify the office issuing this building permit of the name and license number of the contractor ___.

�� (3) The Construction Contractors Board shall adopt by rule a form titled �Information Notice to Property Owners About Construction Responsibilities� that clearly describes in everyday language the responsibilities property owners are undertaking by acting as their own contractor and the problems that could develop. The responsibilities described in the form shall include, but not be limited to:

�� (a) Compliance with state and federal laws regarding Social Security tax, income tax and unemployment tax.

�� (b) Workers� compensation insurance on workers.

�� (c) Liability and property damage insurance.

�� (4) The board shall develop and furnish to city, county and state building permit offices, at no cost to the offices, the Information Notice to Property Owners About Construction Responsibilities and the statement to be signed by the permit applicant.

�� (5) A city or county that requires a business license for engaging in a business subject to regulation under this chapter shall require that the licensee or applicant for issuance or renewal of the business license file, or have on file, with the city or county, a signed statement that the licensee or applicant is licensed under this chapter.

�� (6) The provisions of this chapter are exclusive and a city, county or other political subdivision may not require or issue any registrations, licenses or surety bonds, nor charge any fee for the regulatory or surety registration of any contractor licensed with the board. This subsection does not affect the authority of a city, county or political subdivision to:

�� (a) License and levy and collect a general and nondiscriminatory license fee levied upon all businesses or upon business conducted by any firm within the city, county or political subdivision;

�� (b) Require a contractor to pay a fee, post a bond or require insurance when the city, county or political subdivision is contracting for the services of the contractor; or

�� (c) Regulate a contractor that is not required to be licensed under this chapter. [2007 c.114 �2; 2007 c.836 �16a]

�� 701.330 Consumer notice form; notice of procedure form; rules. (1) The Construction Contractors Board shall adopt by rule a consumer notice form designed to inform a property owner or original purchaser of the actions the property owner or original purchaser should take to protect the property owner in a residential structure or zero-lot-line dwelling repair, remodel or construction project or to protect the original purchaser in a residential structure or zero-lot-line dwelling construction project. The form shall briefly describe and identify additional sources of information regarding:

�� (a) Contractor licensing standards;

�� (b) Contractor bond and insurance requirements;

�� (c) The requirement to offer a warranty under ORS 701.320; and

�� (d) Other information specified by the board.

�� (2) The board shall adopt by rule a notice of procedure form that briefly describes and identifies additional sources of information regarding the procedure described under ORS 701.560 to 701.595 and other information specified by the board.

�� (3) The consumer notice form and notice of procedure form adopted by the board shall include signature lines for the contractor and for the property owner or original purchaser.

�� (4) The board shall adopt rules specifying the time and manner for a contractor to deliver a consumer notice form and notice of procedure form.

�� (5) The board may adopt rules that require a contractor to maintain evidence of delivery of the consumer notice form and notice of procedure form and that specify the retention period for and the form of that evidence. [2007 c.648 �14; 2009 c.409 �4]

�� 701.335 Recommended maintenance schedule; rules. (1) A contractor that enters into a contract to construct a new residential structure or zero-lot-line dwelling shall provide a recommended maintenance schedule to the property owner or original purchaser of the proposed structure or dwelling at the time that the contractor makes a written offer of warranty under ORS 701.320.

�� (2) The Construction Contractors Board shall adopt rules describing the minimum information that a contractor shall provide to a property owner or original purchaser under subsection (1) of this section. The minimum information shall include, but need not be limited to, the following:

�� (a) Definitions and descriptions of moisture intrusion and water damage.

�� (b) An explanation of how moisture intrusion and water damage can occur.

�� (c) A description and recommended schedule for maintenance to prevent moisture intrusion.

�� (d) Advice on how to recognize the signs of water damage.

�� (e) Appropriate steps to take when water damage is discovered. [2007 c.648 �13; 2009 c.409 �5]

�� 701.340 Commercial structure warranty. A commercial general contractor level 1 or level 2 that constructs a new large commercial structure shall provide the owner with a two-year warranty of the building envelope and penetration components against defects in materials and workmanship. The warranty shall provide for the contractor to annually inspect the building envelope and penetration components during the warranty period. The warranty need not cover conditions resulting from improper maintenance by the owner. [2007 c.836 �12]

�� 701.345 Subcontractor list. (1) A contractor shall maintain a list that includes the names, addresses and license numbers for all subcontractors or other contractors performing work on a project for that contractor.

�� (2) The contractor must deliver the list referred to in subsection (1) of this section to the Construction Contractors Board within 72 hours after a board request made during reasonable working hours. [2007 c.114 �4]

�� 701.348 Sewer contractor requirements. (1) Every person offering to undertake or undertaking construction of building sewer piping shall comply with the requirements of ORS chapter 701.

�� (2) Every person submitting a bid or a written estimate of the costs to construct building sewer piping shall provide to potential customers, prior to an agreement to perform, the following:

�� (a) The person�s Construction Contractors Board license number;

�� (b) The applicable bonding and liability coverage; and

�� (c) The statement described in ORS 701.325 (1).

�� (3) Any person licensed under ORS 701.021 may install a building sewer after obtaining a permit for plumbing inspection under ORS 447.095.

�� (4) As used in this section, �building sewer� means that part of the system of drainage piping that conveys sewage into a septic tank, cesspool or other treatment unit that begins five feet outside the building or structure within which the sewage originates. [Formerly 701.138; 2013 c.1 �90]

�� Note: 701.348 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 701.350 [1997 c.814 ��3,3a; 1997 c.690 �6; 1999 c.402 �39; 2001 c.196 �10; 2005 c.114 �1; 2005 c.254 �13; 2005 c.432 �15a; 2007 c.222 �1; 2011 c.79 �1; renumbered 701.445 in 2015]

�� 701.355 [1997 c.814 �7; 2001 c.196 �11; 2005 c.432 �16; renumbered 701.450 in 2015]

�� 701.360 [2013 c.300 �5; renumbered 701.455 in 2015]

RETAINAGE

�� 701.410 Definitions. (1) As used in ORS 279C.555, 279C.570, 701.410, 701.420, 701.430, 701.435 and

ORS 293.245

293.245, 293.250, 293.260 to 293.280, 293.285 and 293.293 and any rules adopted under ORS 293.235 to 293.245, 293.250, 293.260 to 293.280, 293.285 and 293.293, and notwithstanding ORS chapter 240, 276, 282, 283, 291 or 292 or other provisions of ORS chapter 293 or the rules adopted under ORS chapter 240, 276, 282, 283, 291 or 292, except as provided under this section the Director of the Department of Consumer and Business Services may take any action the director considers reasonable to ensure that sufficient staff and other resources are available for the administration and enforcement of the state building code. Subject to subsections (2) to (5) of this section, actions that the director may take under this section include, but are not limited to:

�� (a) Utilizing municipal personnel, or hiring former municipal personnel, to carry out the administrative and enforcement duties of the Department of Consumer and Business Services under an agreement described in ORS 455.185;

�� (b) Employing additional Department of Consumer and Business Services staff for carrying out the administrative and enforcement duties of the department under an agreement described in ORS 455.185; and

�� (c) Expending available resources to carry out department responsibilities to provide sufficient staff and other resources under an agreement described in ORS

ORS 307.455

307.455, the governing body of a city or county may adopt an ordinance or resolution that:

�� (A) Changes, but not above 100 percent, the percentage of exemption granted under ORS 307.455 or changes, but not above five years, the number of property tax years for which the exemption may be granted; or

�� (B) Renders the exemption granted under ORS 307.455 inoperative.

�� (b) An ordinance or resolution adopted pursuant to this subsection by the governing body of a city shall apply:

�� (A) Only within the corporate boundaries of the city;

�� (B) To all qualified machinery and equipment taxable within the corporate boundaries; and

�� (C) To the tax levies of the city and all other taxing districts having jurisdiction within the corporate boundaries.

�� (c) An ordinance or resolution adopted pursuant to this subsection by the governing body of a county shall apply:

�� (A) Only within the unincorporated territory of the county;

�� (B) To all qualified machinery and equipment taxable within the unincorporated territory; and

�� (C) To the tax levies of the county and all other taxing districts having jurisdiction within the unincorporated territory.

�� (2)(a) An ordinance or resolution adopted pursuant to subsection (1) of this section shall not become operative before the beginning of the second property tax year that begins on or after the date on which the ordinance or resolution is adopted.

�� (b) For property tax years beginning on or after the operative date specified in paragraph (a) of this subsection, qualified machinery and equipment that is subject to an ordinance or resolution described in subsection (1)(a)(B) of this section shall be assessed and taxed as other similar property is assessed and taxed.

�� (3) Notwithstanding subsection (1) of this section, qualified machinery and equipment that is exempt under ORS 307.455 on the operative date specified in subsection (2)(a) of this section that would otherwise be subject to an ordinance or resolution adopted pursuant to subsection (1) of this section shall continue to be exempt for the number of property tax years for which the qualified machinery and equipment is eligible under ORS 307.455 (3).

�� (4)(a) The governing body of a city or county that adopts an ordinance or resolution pursuant to subsection (1)(a)(B) of this section may subsequently adopt an ordinance or resolution rendering the exemption granted under ORS 307.455 operative again for the city or county, respectively, and all other affected taxing districts.

�� (b) The exemption shall become operative for the first property tax year that begins on or after the date on which the ordinance or resolution adopted under this subsection becomes effective.

�� (5) As soon as practicable after the adoption of an ordinance or resolution under:

�� (a) Subsection (1) of this section, the governing body of the city or county shall provide notice of the adoption or changes to:

�� (A) The county assessor;

�� (B) The Department of Revenue;

�� (C) The State Department of Agriculture; and

�� (D) Taxpayers whose qualified machinery and equipment is exempt under ORS 307.455 for the current property tax year on the effective date of the ordinance or resolution.

�� (b) Subsection (4) of this section, the governing body of the city or county shall provide notice of the adoption to:

�� (A) The county assessor;

�� (B) The Department of Revenue; and

�� (C) The State Department of Agriculture.

�� (6) An ordinance or resolution adopted under subsection (1) or (4) of this section must remain in effect for at least three consecutive property tax years. [2019 c.579 �44]

�� 307.459 Rules. The Department of Revenue and the State Department of Agriculture may adopt rules to implement the provisions of ORS 307.455, 307.457 and 307.458. [2005 c.637 �5; 2019 c.579 �46]

�� 307.460 [1973 c.822 �1; 1979 c.105 �1; 1983 c.634 �1; 1987 c.756 �17; 1991 c.459 �60; 1995 c.650 �75; 1997 c.170 ��22,23; 1997 c.271 ��5,6; 1997 c.325 ��23,24; 1997 c.541 ��122,123; 1997 c.600 ��6,7; 1999 c.21 �15; renumbered 307.471 in 2007]

�� 307.462 [2007 c.843 �70; repealed by 2015 c.827 �3]

�� 307.464 [2007 c.843 �71; repealed by 2015 c.827 �3]

�� 307.466 [2007 c.843 ��72,73; repealed by 2015 c.827 �3]

�� 307.470 [1973 c.486 �1; repealed by 1979 c.692 �13]

(Student Housing)

�� 307.471 Student housing exempt from school district taxes; application procedure; disqualification. (1)(a) Upon compliance with subsection (2) of this section, student housing shall be exempt from all ad valorem property taxes levied by a school district, a county education bond district, an education service district, a community college service district or a community college district.

�� (b) As used in this subsection, �student housing� means housing that is:

�� (A) Rented exclusively to students of any educational institution, public or private, that offers at least a two-year program acceptable for full credit toward a baccalaureate degree;

�� (B) Rented upon a nondiscriminatory basis, without regard to race, creed, color or national origin;

�� (C) Owned by a nonprofit corporation having articles of incorporation that provide that on dissolution or liquidation, the right, title and interest of the corporation in and to all accommodations and facilities with respect to which exemption is sought will be conveyed to the educational institution or institutions whose students are served by the housing, and all its other remaining assets will be conveyed to one or more organizations exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code;

�� (D) Owned by a nonprofit corporation that has made legally enforceable arrangements to convey its interest in any property with respect to which exemption is claimed to the educational institution or institutions whose students are served by the housing upon final payment of the mortgage indebtedness incurred in connection with the construction or acquisition of the housing; and

�� (E) Regulated by federal or state law in regard to rents, charges, development costs and methods of operation. The renting of the property for safekeeping purposes during the summer months shall not disqualify the property from the exemption granted by this section.

�� (2)(a) Except as provided in paragraph (b) of this subsection, the nonprofit corporation shall apply to the assessor for the exemption on or before April 1 of the assessment year for which the exemption is claimed on forms prescribed by the Department of Revenue. The exemption claim shall include a certification by the university, college or community college attended by a majority of the student occupants that the property is being used for student housing during the current school year. Once an exemption has been granted, the exemption shall continue in effect, without reapplication, until the property fails to meet the qualifications of subsection (1) of this section as exempt student housing.

�� (b) If the property designated in the claim for exemption under paragraph (a) of this subsection is acquired after March 1 and before July 1, or if there is a change in use of the property qualifying the property for exemption under this section after March 1 and before July 1, the initial claim for exemption shall be filed within 30 days from the date of acquisition or change of use of the property.

�� (3) When, for any reason, the property or any portion thereof ceases to meet the qualifications of subsection (1) of this section, the owner at the time of the change shall notify the assessor of such change prior to the next January 1, or within 60 days after the date of disqualification, whichever is the earlier.

�� (4) When property that has received special exemption as student housing under subsection (1) of this section thereafter becomes disqualified for such exemption, and the notice required by subsection (3) of this section is not given, the assessor shall determine the date that the notice should have been given, shall notify the owner thereof and notwithstanding ORS 311.235, there shall be added to the tax extended against the property on the next general property tax roll, to be collected and distributed in the same manner as the remainder of the real property tax, an amount equal to the sum of the following:

�� (a) The total amount by which taxes assessed against the property would have been increased if it had been subject to tax without regard to subsection (1) of this section during the tax year for which the notice should have been given and each tax year thereafter together with the interest which would have accrued had the taxes been properly assessed and the exemption not been granted in the applicable years; and

�� (b) A penalty equal to 20 percent of the amount specified in paragraph (a) of this subsection, however, no penalty shall be imposed on any amount attributable to interest.

�� (5) A fraternity, sorority or cooperative housing organization, or an associated alumni nonprofit corporation organized exclusively for the purpose of owning property housing the fraternity, sorority or cooperative housing organization and providing related financial and operational support, may qualify for the exemption provided by subsection (1) of this section if the requirements of subsection (1)(b)(A) and (B) of this section are met, provided that any of its housing accommodations not occupied by members of the organization shall be open to occupancy by students who are not members of or affiliated with the organization, on a nondiscriminatory basis, without regard to race, creed, color or national origin, under rules or conditions set by the school.

�� (6) Additional taxes collected under this section shall be deemed to have been imposed in the year to which the additional taxes relate. [Formerly 307.460]

(Hardship Situations)

�� 307.475 Hardship relief for failure to file for exemption, cancellation of assessment or redetermination of value. (1) Any taxpayer may apply to the Director of the Department of Revenue for a recommendation that the value of certain property be:

�� (a) Stricken from the assessment roll and that any taxes assessed against such property be stricken from the tax roll on the grounds of hardship; or

�� (b) Redetermined pursuant to ORS 308.146 (6).

�� (2) As used in this section, �hardship� means a situation where property is subject to taxation but would have received relief had there been a timely filing of a valid claim for exemption, for cancellation of assessment or for a redetermination of value pursuant to ORS 308.146 (6), and where the failure to make timely application for the exemption, cancellation or change in assessment date was by reason of good and sufficient cause.

�� (3) An application to the director for a recommendation of tax relief on the grounds of hardship must be made not later than December 15 of the year in which the failure to timely file a valid claim for exemption, for cancellation of assessment or for a redetermination of value pursuant to ORS 308.146 (6) occurred.

�� (4) If the director, in the discretion of the director, finds that tax relief should be granted on the grounds of hardship, the director shall send the written recommendation of the director to the assessor of the county in which the property is located. If the assessor agrees with the recommendation, the assessor shall note approval thereon. The person in charge of the roll shall:

�� (a) Enter an assessment consistent with a redetermination of the value of the property as of July 1 of the assessment year;

�� (b) Strike all or a portion of taxes on the tax roll; or

�� (c) Issue a refund of taxes already paid. A refund of taxes paid shall be treated as any refund granted under ORS 311.806. [1973 c.218 �1; 1979 c.689 �8; 1999 c.398 �3; 2007 c.449 �1; 2011 c.83 �7; 2015 c.92 �3]

(Agricultural Workforce Housing; Child Care Facilities; Farm Labor Camps)

�� 307.480 Definitions for ORS 307.480 to 307.510. As used in ORS 307.480 to 307.510 unless the context requires otherwise:

�� (1) �Agricultural workforce housing� means housing:

�� (a) That is limited to occupancy by agricultural workers, including agricultural workers who are retired or disabled, and the immediate family members of the agricultural workers; and

�� (b) No dwelling unit of which is occupied by a relative of the owner or operator of the agricultural workforce housing, other than a manufactured dwelling in a manufactured dwelling park nonprofit cooperative as defined in ORS 62.803.

�� (2) �Eligible agricultural workforce housing� means agricultural workforce housing that:

�� (a) Is owned or operated by a nonprofit corporation as a nonprofit facility;

�� (b) Is not provided in connection with the recruitment or employment of agricultural workers; and

�� (c) Complies with all applicable local, state and federal building codes.

�� (3) �Eligible child care facility� means a child care facility that is:

�� (a) Certified under ORS 329A.250 to 329A.450;

�� (b) Owned or operated by a nonprofit corporation as a nonprofit facility; and

�� (c) Operated in conjunction or cooperation with an eligible farm labor camp.

�� (4) �Eligible farm labor camp� means a farm labor camp that:

�� (a) Is owned or operated by a nonprofit corporation as a nonprofit facility; and

�� (b) Complies with the safety and health standards for agricultural labor housing and related facilities adopted under the Oregon Safe Employment Act.

�� (5) �Farm labor camp� means any place, area or piece of land where housing or sleeping places are owned or maintained:

�� (a) By a person engaged in the business of providing housing or sleeping places for employees or prospective employees of another person and the immediate families of the employees or prospective employees if the employees or prospective employees are or will be engaged in agricultural work. Eligible farm labor camps may provide housing to workers not currently engaged in agricultural work if agricultural work is not available and employees or prospective employees are required either to engage in agricultural work or to leave the farm labor camp once agricultural work becomes available in the area.

�� (b) In connection with any work or place where agricultural work is being performed, whether the housing or sleeping places are owned or maintained by the employer or by another person.

�� (6) �Owned or operated by a nonprofit corporation as a nonprofit facility� includes, but is not limited to:

�� (a) The possession or operation of agricultural workforce housing, child care facility or farm labor camp property by a nonprofit corporation pursuant to a written lease or lease-purchase agreement if:

�� (A) The nonprofit corporation is obligated under the terms of the lease or lease-purchase agreement to pay the ad valorem taxes on the property used in operating the agricultural workforce housing, child care facility or farm labor camp; or

�� (B) The rent payable by the nonprofit corporation has been established to reflect the savings resulting from the exemption from taxation.

�� (b) The possession or operation of the property by a partnership of which the nonprofit corporation is:

�� (A) A general partner or the general manager; and

�� (B) Responsible for the day-to-day operation of the property.

�� (7)(a) �Rental� means the net amount of income from eligible agricultural workforce housing, an eligible child care facility or an eligible farm labor camp after deduction of costs paid or incurred in the operation of the housing, facility or camp.

�� (b) Deductible costs under this subsection:

�� (A) Include, but are not limited to, salaries or other compensation, insurance, utilities, garbage disposal, supplies, repairs and maintenance, interest and capital costs, whether capitalized and depreciated or amortized or deducted currently.

�� (B) Do not include in lieu taxes imposed under ORS 307.490. [1973 c.382 �1; 1991 c.232 �1; 1993 c.168 �1; 1995 c.278 �33; 2015 c.34 �1; 2022 c.27 �11]

�� 307.485 Exemption. Subject to ORS 307.490 and 307.495, there shall be exempt from taxation the assessed value of all real and personal property of eligible agricultural workforce housing, an eligible child care facility or an eligible farm labor camp. [1973 c.382 �2; 1991 c.459 �61; 1995 c.278 �34; 1997 c.541 �125; 2015 c.34 �2]

�� 307.490 Payments in lieu of taxes; allocation of moneys received. (1) In lieu of real and personal property taxes, each nonprofit corporation granted tax exemption under ORS

ORS 307.485

307.485 shall:

�� (a) Pay to the treasurer of the county on or before November 15 an amount equal to 10 percent of the rentals for the period ending the preceding October 15; and

�� (b) Submit with the remittance a form supplied by the Department of Revenue that states the rental income and:

�� (A) If for agricultural workforce housing, certifies compliance with all applicable local, state and federal building codes; or

�� (B) If for a child care facility or farm labor camp that is offered in connection with recruitment or employment of agricultural workers, certifies compliance with the requirements of the State Fire Marshal, the local health officer or the Department of Early Learning and Care, as applicable.

�� (2) The treasurer shall, with the assistance of the assessor, allocate the money received by the treasurer under subsection (1) of this section, to the districts in which the exempt property is located in the same proportion that the tax rate for the current tax year for each district bears to the total tax rate for all districts.

�� (3) The moneys received by the district shall be considered as a budget resource for the next ensuing fiscal year. [1973 c.382 �3; 1997 c.325 �26; 2013 c.624 �75; 2015 c.34 �3; 2023 c.554 �45]

�� 307.495 Claiming exemption; verification of compliance with regulatory laws. (1)(a) A nonprofit corporation claiming exemption under ORS 307.485 shall file with the county assessor two copies of a written claim for exemption on or before April 1 of each assessment year for which the exemption is claimed.

�� (b) Notwithstanding paragraph (a) of this subsection, if the property for which exemption is claimed is acquired after March 1 and before July 1, the claim shall be filed within 30 days after acquisition.

�� (2) The claim shall:

�� (a) Designate the property for which exemption is claimed;

�� (b) State the facts that make the property eligible within the definitions of ORS 307.480; and

�� (c) Include all verifications required under subsection (3) of this section.

�� (3) The claim for exemption under this section must include written verification:

�� (a) If for agricultural workforce housing, by the owner of the agricultural workforce housing that the agricultural workforce housing is in compliance with all applicable local, state and federal building codes.

�� (b) If for a child care facility, in whole or in part, by the Department of Early Learning and Care that the child care facility is certified.

�� (c) If for a farm labor camp, by the appropriate authority under the Oregon Safe Employment Act that the farm labor camp is in compliance with the safety and health standards for agricultural labor housing and related facilities adopted under the Oregon Safe Employment Act.

�� (4) Verification of compliance under subsection (3)(c) of this section may be denied if access to the farm labor camp for purposes of inspection is denied to the appropriate authority.

�� (5) If any verification required under subsection (3) of this section is refused by the appropriate authority or is otherwise not included with a claim for exemption, the county assessor shall deny the claim and cause the nonprofit corporation to be billed for the real and personal property taxes.

�� (6) An exemption may not be allowed for any year subsequent to the first year unless the nonprofit corporation submits to the assessor details as to the rentals for the prior year and proof that the payments required by ORS 307.490 have been made. [1973 c.382 �4; 1991 c.459 �62; 1995 c.278 �35; 1997 c.541 �126; 2013 c.193 �22; 2015 c.34 �4; 2023 c.554 �46]

�� 307.500 Review of claim by Department of Revenue. Upon receipt of a claim, or any subsequent rental statement, filed under ORS

ORS 307.691

307.691; 2011 c.266 �4; 2019 c.322 �1]

�� 307.640 [1975 c.428 �6; 1991 c.459 �74; 1995 c.596 �6; 1997 c.541 �138; renumbered 307.615 in 2005]

�� 307.650 [1975 c.428 �7; 1995 c.278 �37; 1995 c.596 �7; 1999 c.808 �6; 2003 c.457 �6; 2005 c.94 �41; renumbered 307.618 in 2005]

(Single-Unit Housing)

�� 307.651 Definitions for ORS 307.651 to 307.687. As used in ORS 307.651 to 307.687, unless the context requires otherwise:

�� (1) �Governing body� means the city legislative body having jurisdiction over the property for which an exemption may be applied for under ORS 307.651 to 307.687.

�� (2) �Manufactured home� means a structure that complies with any or all of the following placement standards, or any less restrictive standard, for the approval of manufactured homes located outside mobile home parks:

�� (a) The structure shall be multisectional and enclose a space of not less than 1,000 square feet.

�� (b) The structure shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the structure is located not more than 12 inches above grade.

�� (c) The structure shall have a pitched roof.

�� (d) The structure shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority.

�� (e) The structure shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards that reduce levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ORS 455.010.

�� (f) The structure shall have a garage or carport constructed of like materials.

�� (3) �Qualified dwelling unit� means a dwelling unit that, at the time an application is filed pursuant to ORS 307.667, has a market value for the land and improvements of no more than 120 percent, or a lesser percentage as adopted by the governing body by resolution, of the median sales price of dwelling units located within the city.

�� (4) �Single-unit housing� means a structure having one or more dwelling units that:

�� (a) Is, or will be, upon purchase, rehabilitation or completion of construction, in conformance with all local plans and planning regulations, including special or district-wide plans developed and adopted pursuant to ORS chapters 195, 196, 197, 197A and 227.

�� (b) If newly constructed, is completed within two years after application for exemption is approved under ORS 307.674.

�� (c) Is designed for each dwelling unit within the structure to be purchased by and lived in by one person or one family.

�� (d) Has one or more qualified dwelling units within the single-unit housing.

�� (e) Is not a floating home, as defined in ORS 830.700, or a manufactured structure, other than a manufactured home.

�� (5) �Structure� does not include the land or any site development made to the land, as those terms are defined in ORS 307.010. [Formerly 458.005; 2011 c.354 �8; 2013 c.426 �1; 2017 c.294 �1; 2019 c.585 �22; 2021 c.528 �9; 2022 c.54 �16; 2024 c.52 �19]

�� 307.654 Legislative findings. (1) The Legislative Assembly finds it to be in the public interest to encourage homeownership among low and moderate income families.

�� (2) The Legislative Assembly further finds and declares that the cities of this state should be able to establish and design programs to stimulate the purchase, rehabilitation and construction of single-unit housing for homeownership by low and moderate income families by means of a limited property tax exemption, as provided under ORS 307.651 to 307.687. [Formerly 458.010; 2013 c.426 �2; 2017 c.294 �2]

�� 307.657 Local government action to provide exemption. (1) ORS 307.651 to 307.687 apply to single-unit housing located within the jurisdiction of a governing body that adopts, by resolution or ordinance, ORS 307.651 to 307.687. Except as provided in subsection (2) of this section, the exemption provided by ORS 307.651 to

ORS 308.462

308.462 and 308.471.

�� (3) If the application is denied, the governing body or its authorized agent shall state in writing the reasons for denial and send the notice to the applicant at the last-known address of the applicant within 10 days after the denial.

�� (4) Upon denial by a duly authorized agent, an applicant may appeal the denial to the governing body within 30 days after receipt of the denial. Upon denial of the appeal by the governing body, or denial of the application, the applicant may appeal to the circuit court, and from the decision of the circuit court to the Court of Appeals, as provided by law. [1975 c.696 �6; 1989 c.1051 �11; 2013 c.193 �13]

�� 308.468 Fee for limited assessment applications; time of payment; disposition. The governing body, after consultation with the county assessor, shall establish an application fee in an amount sufficient to cover the cost to be incurred by the governing body and the assessor in administering ORS 308.450 to 308.481. The application fee shall be paid at the time the application for limited assessment is filed. If the application is approved, the governing body shall pay the application fee to the county assessor for deposit in the county general fund, after first deducting that portion of the fee attributable to its own administrative costs in processing the application. If the application is denied, the governing body shall retain that portion of the application fee attributable to its own administrative costs and refund the balance to the applicant. [1975 c.696 �11]

�� 308.470 [Amended by 1967 c.105 �3; repealed by 1975 c.365 �4]

�� 308.471 Owner to file statement with governing body when rehabilitation project finished; disqualification of property; judicial review of disqualification determination. (1) Upon completion of the rehabilitation improvements for which an application for limited assessment filed under ORS 308.462 has been approved, the owner shall, if appropriate, file with the governing body the following:

�� (a) A statement of rents charged for each rental unit for the 12-month period preceding the commencement of rehabilitation improvements, if an agreement has been filed under ORS 308.462 (2);

�� (b) A statement of the amount of rehabilitation expenditures made with respect to each unit and the composite expenditures made in the rehabilitation of the entire property;

�� (c) A copy of all final building permits and clearances issued by the appropriate government agency; and

�� (d) A statement that the rehabilitation improvements or to the owner�s property qualify such property for limited assessment under ORS 308.450 to 308.481.

�� (2) Within 30 days after receipt of the statements required by subsection (1) of this section, the governing body shall determine whether or not the owner�s property is qualified for limited assessment under ORS 308.450 to 308.481.

�� (3) If the governing body determines that the owner�s property is qualified for limited assessment under ORS 308.450 to 308.481, the governing body shall file the certificate of qualification required by ORS 308.466 with the county assessor within 10 days after the expiration of the 30-day period provided by subsection (2) of this section.

�� (4) If the governing body determines that the owner�s property is not qualified for limited assessment under ORS 308.450 to 308.481, the governing body or its agent shall state in writing reasons why the property is not qualified and send such writing to the owner within 10 days after the determination.

�� (5) An owner may appeal an adverse determination by the governing body to the governing body within 30 days after receipt of the writing required by subsection (4) of this section. If the governing body rejects the appeal, the owner may appeal to the circuit court, and from the decision of the circuit court to the Court of Appeals, as provided by law. [1975 c.696 �7; 1977 c.472 �4; 1985 c.320 �3; 1989 c.1051 �12; 2007 c.469 �3]

�� 308.474 Owner to file annual statement regarding rental property transactions if agreement filed under ORS 308.462 (2). If an agreement has been filed under ORS 308.462 (2), within 60 days following the end of the fiscal year as used by the owner for purposes of reporting federal income tax and during the period that the certificate described in ORS

ORS 308A.050

308A.050 to 308A.128 or other special assessment by removing the special assessment;

�� (b) Provide the owner of the lot or parcel with written notice of the disqualification; and

�� (c) Impose the additional tax, if any, provided by statute upon disqualification.

�� (8) The Department of Consumer and Business Services, a building official, as defined in ORS 455.715 (1), or any other agency or official responsible for the administration and enforcement of the state building code, as defined in ORS

ORS 310.060

310.060.

�� (c) The taxes become payable at the same time and are collected by the same officer who collects county taxes and must be turned over to the local government according to law.

�� (d) The county officer whose duty it is to extend the county levy shall extend the levy of the local government in the same manner as city taxes are extended. Property may be sold for nonpayment of the taxes levied by a local government in like manner and with like effect as in the case of county and state taxes.

�� (4)(a) All bonds issued pursuant to this section, including general obligation bonds, are secured by and payable from the installments of final assessments with respect to which the bonds were issued.

�� (b) In the ordinance or resolution authorizing the issuance of the bonds, the governing body of the issuing local government may:

�� (A) Provide that installments of final assessments levied with respect to two or more local improvements shall secure a single issue of bonds.

�� (B) Reserve the right to pledge, as security for any bonds thereafter issued pursuant to this section, any installments of final assessments previously pledged as security for other bonds issued pursuant to this section.

�� (c) All bonds must be secured by a lien on the installments of final assessments with respect to which they were issued. The lien is valid, binding and fully perfected from the date of issuance of the bonds. The installments of final assessments are immediately subject to the lien without the physical delivery thereof, the filing of any notice or any further act. The lien is valid, binding and fully perfected against all persons having claims of any kind against the local government or the property assessed whether in tort, contract or otherwise, and irrespective of whether the persons have notice of the lien.

�� (5) As additional security for any bonds issued under this section, including general obligation bonds, the governing body of the issuing local government may pledge or mortgage, or grant security interests in, its revenues, assets and properties, and otherwise secure and enter into covenants with respect to the bonds as provided in ORS chapter 287A.

�� (6)(a) A local government may, from time to time after the undertaking of a local improvement has been authorized, borrow money and issue and sell notes for the purpose of providing interim financing for the actual costs of the local improvement.

�� (b) Notes authorized under this subsection may be issued in a single series for the purpose of providing interim financing for two or more local improvements.

�� (c) Notes authorized under this subsection may not mature later than one year after the date upon which the issuing local government expects to issue bonds for the purpose of providing permanent financing with respect to installment payments of the final assessments for the local improvements.

�� (d) Any notes authorized under this subsection may be refunded from time to time by the issuance of additional notes or out of the proceeds of bonds issued pursuant to this section. The notes may be made payable from the proceeds of any bonds to be issued under this section to provide permanent financing or from any other sources from which the bonds are payable.

�� (e) The governing body of the issuing local government may pledge to the payment of the notes any revenues that may be pledged to the payment of bonds authorized to be issued under this section with respect to the local improvements for which the notes provide interim financing. [Amended by 1957 c.103 �7; 1959 c.653 �4; 1967 c.196 �1; 1975 c.320 �2; 1975 c.738 �1; 1983 c.349 �2; 1991 c.902 �14; 1995 c.333 �1; 2003 c.802 �8; 2005 c.443 �1; 2007 c.783 �74]

�� 223.240 [Amended by 1959 c.653 �5; 1971 c.100 �2; 1975 c.320 �3; 1975 c.642 �3; repealed by 1991 c.902 �121]

�� 223.245 Budget to include bond payments. The interest on the bonds and the amounts of the installments of maturing bonds shall be included in the annual budget of the issuing local government. There shall be deducted in the budget the amount that the governing body conservatively estimates will be received from payments of the principal of and interest on installments of final assessments appertaining to the particular bond issue, and from receipts from sales and rentals of property acquired by the local government pursuant to the assessments, during the fiscal year. [Amended by 1983 c.349 �3; 1991 c.902 �15; 2003 c.802 �9]

�� 223.250 [Amended by 1971 c.183 �1; 1975 c.642 �4; 1981 c.94 �11; 1983 c.349 �4; repealed by 1991 c.902 �121]

�� 223.255 [Amended by 1957 c.103 �8; 1967 c.239 �2; 1983 c.349 �5; repealed by 1991 c.902 �121]

�� 223.260 Sale of bonds; disposition of proceeds from bond sales. (1) The proceeds of any bonds or notes authorized to be issued under ORS 223.235 shall be paid by the purchaser to the treasurer of the issuing local government. Accrued interest and any premium may be credited to any account designated by the issuing local government. The balance of the proceeds shall be credited to the local improvement fund or funds for which the bonds or notes are issued.

�� (2) A local government may create, within the Bancroft Bond Redemption Fund maintained by the local government as required by ORS 223.285, separate accounts for separate issues of bonds or notes issued as provided in ORS 223.235, and may pledge any amounts deposited in the separate accounts to specific issues of bonds or notes without pledging the amounts to any other issues of such bonds or notes. [Amended by 1957 c.103 �9; 1975 c.642 �5; 1983 c.349 �6; 1991 c.902 �16; 2003 c.802 �10]

�� 223.262 Assessment contracts; transfer of contract rights by local government; use of proceeds. (1) As used in ORS 223.205 and 223.210 to 223.295:

�� (a) �Assessment contract� means the obligation to pay final assessments in installments that arise when a property owner submits an application to pay assessments in installments under ORS 223.210 or a similar provision of a local charter.

�� (b) �Assessment contract rights� includes the right to receive installment payments of final assessments, with interest, made under an assessment contract, and the right to enforce the lien of the final assessment.

�� (2) Any local government that receives or expects to receive assessment contracts may:

�� (a) Sell or assign to third parties all or any portion of its assessment contract rights.

�� (b) Create corporations or other business entities to factor assessment contract rights.

�� (c) Create grantor trusts and transfer to the trusts assessment contract rights.

�� (d) Contract to service assessment contracts and assessment liens for the owners of assessment contract rights, or contract with third parties to service assessment contracts and assessment liens for the owners of assessment contract rights.

�� (e) Serve as a trustee for the owners of assessment contract rights.

�� (f) Enter into contracts necessary to carry out the provisions of this section.

�� (3) Any trust created under this section may fractionalize and sell assessment contract rights.

�� (4) Assessment contract rights, any interests therein and any interests in trusts secured primarily by assessment contract rights shall be exempt from registration under ORS 59.055.

�� (5) If assessment contract rights that secure outstanding obligations of a local government are sold or assigned under this section, an amount shall be placed irrevocably in escrow that is calculated to be sufficient to pay all principal and interest on the outstanding obligations as they mature or are irrevocably called for prior redemption. Any sale proceeds not required to fund the escrow may be placed in the general fund of the local government. If only a portion of the contract rights securing outstanding obligations is sold, then the amount of outstanding obligations that must be defeased pursuant to this subsection shall be that proportion of the principal amount of the outstanding obligations that the principal amount of the contract rights that are sold represents to the total principal amount of the contract rights that secure the outstanding obligations. [1989 c.603 �2; 1991 c.902 �17; 2003 c.802 �11; 2007 c.783 �75]

�� 223.265 Payment of installments; due dates. (1) The installments due and payable under an assessment contract shall be due and payable periodically as the governing body of the local government shall determine but shall not be due and payable over a term in excess of 30 years. Each installment is due and payable with interest as described under subsection (3) of this section.

�� (2) The installments and interest are payable to the treasurer by the property owner whose application to pay the cost of the local improvement by installments has been filed as provided in ORS 223.210.

�� (3) The amount of each installment (percentage of the total final assessment) shall be determined by the governing body of the local government and shall be as appears by the bond lien docket described in ORS 223.230. Each installment shall be due and payable with the accrued and unpaid interest on the unpaid balance of the final assessment amount at the rate per annum determined by the governing body of the local government under ORS 223.215.

�� (4) The first payment shall be due and payable on the date that the governing body shall determine, and subsequent payments shall be due and payable on subsequent periodic dates thereafter as shall have been determined by the governing body. [Amended by 1957 c.103 �10; 1959 c.653 �6; 1969 c.531 �3; 1971 c.100 �3; 1975 c.320 �4; 1981 c.322 �4; 1991 c.902 �18; 2003 c.802 �12]

�� 223.270 Procedure for collection on default. (1) If the owner neglects or refuses to pay installments under ORS 223.265 as they become due and payable for a period of one year, then the governing body of the local government may, by reason of the neglect or refusal to pay the installments, and while the neglect and refusal to pay continues, pass a resolution:

�� (a) Giving the name of the owner then in default in the payment of the sums due;

�� (b) Stating the sums due, either principal or interest and any unpaid late payment penalties or charges;

�� (c) Containing a description of the property upon which the sums are owing; and

�� (d) Declaring the whole sum, both principal and interest, due and payable at once.

�� (2) The governing body may then proceed at once to collect all unpaid installments and to enforce collection thereof, with all unpaid late payment penalties and charges added thereto, in the same manner in which delinquent property taxes are collected under applicable law or, in the case of a city, in the same manner as street and sewer assessments are collected pursuant to the terms of the city charter. [Amended by 1991 c.902 �19; 2003 c.802 �13]

�� 223.275 Notice to pay; receipts and entries on lien docket. The recorder of a local government shall, when installments and interest on any final assessment in the bond lien docket are due, make the proper extensions of the installments and interest on the bond lien docket and turn the same over to the treasurer of the local government. The treasurer then shall notify the property owner that the installments are due and payable, but a failure of any owner to receive the notice shall not prevent collection of the installment as provided in ORS 223.270. The treasurer shall issue a receipt to the person paying the installments and interest, and shall file duplicates of the receipts with the recorder. When the treasurer returns the bond lien docket, the recorder shall make the proper entries on the bond lien docket showing the amount of each payment and the date of the payment. [Amended by 1991 c.902 �20; 2003 c.802 �14]

�� 223.280 Right of owner to prepay balance and discharge lien. At any time after issuance of bonds under ORS 223.235, any owner of a lot against which the final assessment is made and lien docketed may pay into the treasury of the issuing local government the whole amount of the final assessment for which the lien is docketed, together with the full amount of interest and late payment penalties and charges accrued thereon to the date of payment. Upon producing to the recorder of the local government the receipt of the treasurer, the recorder shall enter in the lien docket opposite the entry of the lien the fact and date of the payment and that the lien is discharged. [Amended by 1991 c.902 �21; 2003 c.802 �15]

�� 223.285 Separate funds kept for moneys received; investments authorized. Any treasurer receiving any payments of final assessments or interest on unpaid installments by virtue of the Bancroft Bonding Act, shall account for the payments separately from other funds of the local government. The amount of the moneys paid on account of installments, interest on unpaid installments and late payment penalties or charges, shall be placed to the credit of a fund to be known and designated as �Bancroft Bond Redemption Fund� or in any designated account of the redemption fund that may be established by the local government under this section. All interest and principal due on bonds issued under ORS 223.235 shall be paid from the redemption fund or from a designated account of the redemption fund. The amount placed to the credit of the redemption fund or any account of the fund shall from time to time, under the direction of the governing body of the issuing local government, be invested as provided in ORS 294.035 or 294.805 to 294.895. [Amended by 1975 c.495 �1; 1991 c.902 �22; 2003 c.802 �16]

�� 223.290 Payments entered on lien docket; lien discharge. Entries of payments of installments, interest and late payment penalties or charges, made under the Bancroft Bonding Act, shall be made in the lien docket as they are received, with the date of payment. The payments so made and entered shall discharge the lien to the amount of the payment and from the date of the payment. [Amended by 1991 c.902 �23; 1995 c.709 �3; 1997 c.840 �3]

�� 223.295 Limit on city indebtedness. (1) A city may incur indebtedness in the form of general obligation bonds and general obligation interim financing notes pursuant to ORS 223.235 to an amount which shall not exceed 0.03 of the latest real market valuation of the city.

�� (2) The general obligation bonds and general obligation interim financing notes issued pursuant to ORS 223.235 shall be determined by deducting from the sum total of outstanding general obligation bonds and general obligation interim financing notes issued pursuant to ORS 223.235, the aggregate of sinking funds or other funds applicable to the payment thereof, less the aggregate of overdrafts, if any, in the related improvement bond interest fund. [Amended by 1955 c.28 �1; 1955 c.686 �1; 1959 c.653 �7; 1963 c.545 �2; 1965 c.282 �3; 1985 c.441 �1; 1991 c.459 �351; 1991 c.902 �24]

SYSTEM DEVELOPMENT CHARGES

�� 223.297 Policy. The purpose of ORS 223.297 to 223.316 is to provide a uniform framework for the imposition of system development charges by local governments, to provide equitable funding for orderly growth and development in Oregon�s communities and to establish that the charges may be used only for capital improvements. [1989 c.449 �1; 1991 c.902 �25; 2003 c.765 �1; 2003 c.802 �17]

�� Note: 223.297 to 223.316 were added to and made a part of 223.205 to 223.295 by legislative action, but were not added to and made a part of the Bancroft Bonding Act. See section 10, chapter 449, Oregon Laws 1989.

�� 223.299 Definitions for ORS 223.297 to 223.316. As used in ORS 223.297 to 223.316:

�� (1)(a) �Capital improvement� means facilities or assets used for the following:

�� (A) Water supply, treatment and distribution;

�� (B) Waste water collection, transmission, treatment and disposal;

�� (C) Drainage and flood control;

�� (D) Transportation; or

�� (E) Parks and recreation.

�� (b) �Capital improvement� does not include costs of the operation or routine maintenance of capital improvements.

�� (2) �Improvement fee� means a fee for costs associated with capital improvements to be constructed.

�� (3) �Reimbursement fee� means a fee for costs associated with capital improvements already constructed, or under construction when the fee is established, for which the local government determines that capacity exists.

�� (4)(a) �System development charge� means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit, building permit or connection to the capital improvement. �System development charge� includes that portion of a sewer or water system connection charge that is greater than the amount necessary to reimburse the local government for its average cost of inspecting and installing connections with water and sewer facilities.

�� (b) �System development charge� does not include any fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed upon a land use decision or limited land use decision. [1989 c.449 �2; 1991 c.817 �29; 1991 c.902 �26; 1995 c.595 �28; 2003 c.765 �2a; 2003 c.802 �18; 2025 c.476 �42]

�� Note: See note under 223.297.

�� 223.300 [Repealed by 1975 c.642 �26]

�� 223.301 Certain system development charges and methodologies prohibited. (1) As used in this section, �employer� means any person who contracts to pay remuneration for, and secures the right to direct and control the services of, any person.

�� (2) A local government may not establish or impose a system development charge that requires an employer to pay a reimbursement fee or an improvement fee based on:

�� (a) The number of individuals hired by the employer after a specified date; or

�� (b) A methodology that assumes that costs are necessarily incurred for capital improvements when an employer hires an additional employee.

�� (3) A methodology set forth in an ordinance or resolution that establishes an improvement fee or a reimbursement fee shall not include or incorporate any method or system under which the payment of the fee or the amount of the fee is determined by the number of employees of an employer without regard to new construction, new development or new use of an existing structure by the employer.

�� (4) A local government may not impose a system development charge for increased use of a transportation facility that results from the production of marijuana on a property located in an exclusive farm use zone.

�� (5) A local government may not impose or increase a system development charge for:

�� (a) The installation of a National Fire Protection Association 13D residential fire sprinkler system; or

�� (b) The difference between the increased capacity of a water meter required by the fire sprinkler system and the capacity of the water meter that would be required for the dwelling without the fire sprinkler system installed. [1999 c.1098 �2; 2003 c.802 �19; 2019 c.292 �1; 2025 c.83 �1]

�� Note: See note under 223.297.

�� 223.302 System development charges; use of revenues; review procedures. (1) Local governments are authorized to establish system development charges, but the revenues produced therefrom must be expended only in accordance with ORS 223.297 to 223.316. If a local government expends revenues from system development charges in violation of the limitations described in ORS 223.307, the local government shall replace the misspent amount with moneys derived from sources other than system development charges. Replacement moneys must be deposited in a fund designated for the system development charge revenues not later than one year following a determination that the funds were misspent.

�� (2) Local governments shall adopt administrative review procedures by which any citizen or other interested person may challenge an expenditure of system development charge revenues. Such procedures shall provide that such a challenge must be filed within two years of the expenditure of the system development charge revenues. The decision of the local government shall be judicially reviewed only as provided in ORS 34.010 to 34.100.

�� (3)(a) A local government must advise a person who makes a written objection to the calculation of a system development charge of the right to petition for review pursuant to ORS 34.010 to 34.100.

�� (b) If a local government has adopted an administrative review procedure for objections to the calculation of a system development charge, the local government shall provide adequate notice regarding the procedure for review to a person who makes a written objection to the calculation of a system development charge. [1989 c.449 �3; 1991 c.902 �27; 2001 c.662 �2; 2003 c.765 �3; 2003 c.802 �20]

�� Note: See note under 223.297.

�� 223.304 Determination of amount of system development charges; methodology; credit allowed against charge; limitation of action contesting methodology for imposing charge; notification request. (1)(a) Reimbursement fees must be established or modified by ordinance or resolution setting forth a methodology that is, when applicable, based on:

�� (A) Ratemaking principles employed to finance publicly owned capital improvements;

�� (B) Prior contributions by existing users;

�� (C) Gifts or grants from federal or state government or private persons;

�� (D) The value of unused capacity available to future system users or the cost of the existing facilities; and

�� (E) Other relevant factors identified by the local government imposing the fee.

�� (b) The methodology for establishing or modifying a reimbursement fee must:

�� (A) Promote the objective of future system users contributing no more than an equitable share to the cost of existing facilities.

�� (B) Be available for public inspection.

�� (2) Improvement fees must:

�� (a) Be established or modified by ordinance or resolution setting forth a methodology that is available for public inspection and demonstrates consideration of:

�� (A) The projected cost of the capital improvements identified in the plan and list adopted pursuant to ORS 223.309 that are needed to increase the capacity of the systems to which the fee is related; and

�� (B) The need for increased capacity in the system to which the fee is related that will be required to serve the demands placed on the system by future users.

�� (b) Be calculated to obtain the cost of capital improvements for the projected need for available system capacity for future users.

�� (3) A local government may establish and impose a system development charge that is a combination of a reimbursement fee and an improvement fee, if the methodology demonstrates that the charge is not based on providing the same system capacity.

�� (4) The ordinance or resolution that establishes or modifies an improvement fee shall also provide for a credit against such fee for the construction of a qualified public improvement. A �qualified public improvement� means a capital improvement that is required as a condition of development approval, identified in the plan and list adopted pursuant to ORS 223.309 and either:

�� (a) Not located on or contiguous to property that is the subject of development approval; or

�� (b) Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related.

�� (5)(a) The credit provided for in subsection (4) of this section is only for the improvement fee charged for the type of improvement being constructed, and credit for qualified public improvements under subsection (4)(b) of this section may be granted only for the cost of that portion of such improvement that exceeds the local government�s minimum standard facility size or capacity needed to serve the particular development project or property. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit under subsection (4)(b) of this section.

�� (b) A local government may deny the credit provided for in subsection (4) of this section if the local government demonstrates:

�� (A) That the application does not meet the requirements of subsection (4) of this section; or

�� (B) By reference to the list adopted pursuant to ORS 223.309, that the improvement for which credit is sought was not included in the plan and list adopted pursuant to ORS

ORS 311.805

311.805); 1961 c.533 �50; 1971 c.737 �3; 1973 c.347 �1; 1975 c.395 �3; 1979 c.702 �1; 1985 c.162 �10; 1991 c.459 �260; 1993 c.6 �3; 1993 c.270 �60; 1995 c.650 �71; 1997 c.541 ��295,296; 2003 c.38 �1; 2005 c.394 �1; 2007 c.364 �1; 2015 c.31 �1; 2015 c.444 �8; 2017 c.27 �1; 2021 c.356 �2; 2023 c.29 �36]

�� 311.807 Refund reserve account; deposits; payment of refunds; rules. (1) The county treasurer may maintain an account designated as the refund reserve account. The refund reserve account shall consist of the funds deposited by the treasurer under subsection (2) of this section, plus interest earned thereon.

�� (2)(a) Each year, the treasurer may deposit in the refund reserve account, from the unsegregated tax collections account, an amount equal to 100 percent of the anticipated annual refunds for the county.

�� (b) Any deposit into the refund reserve account from taxes collected in November shall not exceed two-thirds of the total anticipated annual refunds for the county.

�� (3) The moneys in the refund reserve account shall first be used to pay refunds determined to be due under ORS 311.806.

�� (4) If the moneys in the refund reserve account are insufficient to pay refunds at any time, refunds shall be made out of the unsegregated tax collections account. If funds are not available in either the refund reserve account or the unsegregated tax collections account, the county governing body may delay payment of the refunds until sufficient funds are available.

�� (5) If, at the end of the fiscal year, the balance in the refund reserve account exceeds the amount necessary to pay estimated refunds, the treasurer shall distribute the excess to the unsegregated tax collections account.

�� (6) The Department of Revenue shall provide by rule the method to be used to calculate anticipated annual refunds for the county. [1991 c.459 �266; 1993 c.650 �3; 2005 c.94 �65; 2017 c.315 �18]

�� 311.808 When refund on real property, manufactured structure or floating home prohibited. A refund of property taxes under ORS 311.806 (1)(h) may not be made on real property, a manufactured structure or a floating home if all of the following conditions are present:

�� (1) A mortgagee has requested the tax statement for the property under ORS 311.252 and has paid the tax on the property.

�� (2) The tax roll shows payment of the taxes, and thereafter the property is sold to a bona fide purchaser. [1975 c.395 �2; 1989 c.297 �2; 1993 c.270 �71; 2003 c.38 �2; 2015 c.31 �5]

�� 311.810 [Repealed by 1965 c.344 �42]

�� 311.812 No interest on refunds under ORS 311.806; exceptions; rate. (1) Except as provided in subsection (2) of this section, interest may not be paid upon any tax refunds made under ORS 311.806.

�� (2) Interest as provided in subsection (3) of this section shall be paid on the following refunds:

�� (a) A refund resulting from the correction under ORS 308.242 (2) or (3) or 311.205 of an error made by the assessor, Department of Revenue or tax collector.

�� (b) A refund resulting from a written stipulation of the county assessor or the county tax collector if the written stipulation constitutes a final determination that is not subject to appeal.

�� (c) Any refund ordered by the Department of Revenue if no appeal is taken or can be taken from the department�s order.

�� (d) Refunds ordered by the Oregon Tax Court or the Supreme Court if the order constitutes a final determination of the matter.

�� (e) Refunds of taxes collected against real or personal property not within the jurisdiction of the tax levying body.

�� (f) Refunds due to reductions in value ordered by a county property value appeals board where no appeal is taken.

�� (g) Refunds due to reductions in value made pursuant to ORS 309.115.

�� (h) Refunds due to a claim for a veteran�s exemption for a prior tax year that is filed pursuant to ORS 307.262.

�� (3)(a) The interest provided by subsection (2) of this section shall be paid at the rate of one percent per month, or fraction of a month, computed from the time the tax was paid or from the time the first installment thereof was due, whichever is the later. If a discount is given at the time the taxes are paid, interest shall be computed only on the net amount of taxes to be refunded. If any portion of a refund described in subsection (2) of this section results from an assessment based on inaccurate information contained in a report filed by a taxpayer, interest shall be computed on only the portion of the refund that is not attributable to the inaccurate information contained in the taxpayer report.

�� (b) As used in this subsection, �report� means a return, statement or any other information provided by a taxpayer in writing to the department or county assessor. [1971 c.737 �2; 1975 c.704 �4; 1977 c.606 �3; 1981 c.804 �89a; 1983 s.s. c.5 �22; 1993 c.270 �61; 1995 c.79 �151; 1995 c.226 �13; 1997 c.541 �298; 1999 c.862 �5; 2001 c.199 �4; 2005 c.394 �2; 2007 c.545 �1; 2007 c.590 �3; 2009 c.41 �5; 2023 c.29 �37]

�� 311.813 Refunds ordered by certain courts. If a refund of ad valorem property tax is ordered by a court of competent jurisdiction other than a court mentioned in ORS 311.806 (1)(a), the refund and any interest ordered to be paid thereon shall be refunded out of the unsegregated tax collections account established under ORS 311.385. [1987 c.301 �2]

�� 311.814 Appeal of large amounts of value; reserve account for refunds. (1) Whenever any property value or claim for exemption or cancellation of a property tax assessment is appealed to the Oregon Tax Court after taxes on the property have been imposed, the Department of Revenue shall notify the county treasurer of the appeal not later than the following October 15, if the appeal is not finally resolved before the end of the tax year to which the appeal relates and the dollar difference between the total value asserted by the taxpayer and the total value asserted by the opposing party exceeds one-fourth of one percent (0.0025) of the total assessed value in the county, or if the appeal relates to property assessed under ORS 308.505 to 308.674, and the value of such property asserted by the opposing party and attributable to the county exceeds one-fourth of one percent (0.0025) of the total assessed value in the county. After notification, the county treasurer shall set aside, if so ordered by the county governing body, from taxes collected in the current tax year, an interest bearing reserve account as provided in this section.

�� (2) The reserve shall consist of an amount representing that portion of taxes paid by the petitioner attributable to the amount of value in dispute for each tax year that the appeal remains unresolved. Upon termination of the controversy, the principal amount in the account necessary to pay any refund, and any interest provided for under ORS 311.812, shall be paid to the petitioner. Any excess remaining in the reserve after termination of the controversy and payment of a refund, if any, shall be deposited in the unsegregated tax collections account in full satisfaction of the tax due on the property.

�� (3) If the final resolution of the controversy results in additional taxes due on the property, the amount in the reserve account shall be deposited into the unsegregated tax collections account and shall be distributed according to the distribution percentage schedule for the current tax year prepared in accordance with ORS 311.390. The additional taxes shall be collected as provided in ORS 311.513. [1991 c.459 �265; 1993 c.270 �63; 1995 c.256 �8; 1995 c.650 �72; 1997 c.541 ��299,300; 2003 c.274 �4; 2007 c.126 �1]

�� 311.815 Abandonment of purpose for which special tax levied; refund or cancellation of tax. If a special tax to raise funds for a specified purpose is levied in a school district, road district, irrigation district or drainage district and the project or specific purpose for which the tax is levied is thereafter definitely abandoned, either wholly or in part, or the fund raised by the tax or any portion thereof remains unexpended for a period of two years, after the levy of the tax, the county court at the written request of the directors of the district may, by resolution, provide for the refunding of the tax or portion of tax so remaining unexpended to the taxpayers who paid the tax and for the cancellation of the unpaid tax or proportion of the tax that has become delinquent. The county court shall take such action by resolution spread upon its journal. Repayment shall be made by orders drawn on the county treasurer and issued to the taxpayers shown by the tax records to have originally made the payments. Cancellation of unpaid taxes shall be effected by noting the cancellation of the taxes on the tax records of the county. [Amended by 2011 c.204 �10]

�� 311.820 [1955 c.759 ��1,2,3,4; repealed by 1965 c.344 �39 (311.821 enacted in lieu of 311.820 and 311.825)]

�� 311.821 Refunds authorized in event of certain boundary changes of taxing districts; reimbursements. (1) Whenever in any year the boundaries of a taxing district have been reduced by proceedings occurring after the date provided in ORS 308.225, and whenever such changes in boundaries were not disregarded by the county assessor as required by ORS 308.225, and as a result thereof taxes have been levied and collected upon the reduced territory of such district, which taxes were not levied and extended upon the territory detached from such district, the county governing body shall refund out of the unsegregated tax collections account to the taxpayers of the territory upon which the levy was imposed and the taxes collected, the proportionate amount of money in excess of the amount that would have been collected from the territory comprising the entire district had the levy been uniform throughout the district. A written claim for refund of such collection shall be filed with the county governing body within six years from the assessment date for the fiscal year for which the taxes were collected.

�� (2) Whenever in any year the boundaries of a taxing district have been reduced by boundary changes pursuant to law after the date provided in ORS 308.225, and such changes in boundaries have been disregarded by the county assessor as required by ORS 308.225, and as a result thereof taxes were levied upon property within such withdrawn area by such district and also for the same tax year by another taxing district providing the same service or services, subjecting such property to double taxation for any tax year, the county governing body shall refund out of the unsegregated tax collections account to the taxpayers of the territory upon which the levy was imposed and the tax was collected the proportionate amount of money in excess of the amount that would have been paid by such taxpayers had the withdrawal been recognized by the assessor as effective for the tax year involved; provided, all such property shall remain liable for indebtedness incurred prior to the boundary change as otherwise required by law. A written claim for refund of such tax collection shall be filed with the county governing body within two years from the assessment date for the fiscal year for which the taxes were collected.

�� (3) If the claim is in proper form, the county governing body shall take action by resolution spread upon its journal, and repayments shall be made by orders drawn on the county treasurer for the several amounts and issued to the several taxpayers shown by the tax records to have made the payments originally.

�� (4) Immediately upon such reimbursement the tax collector shall make the necessary correcting entries in the records of the office of the tax collector. [1965 c.344 �40 (enacted in lieu of 311.820 and 311.825); 1979 c.702 �3; 1985 c.162 �11]

�� 311.825 [1957 c.335 ��1,2,3; 1961 c.522 �7; repealed by 1965 c.344 �39 (311.821 enacted in lieu of 311.820 and 311.825)]

�� 311.827 [1969 c.605 �57; repealed by 1971 c.529 �37]

�� 311.830 [1957 c.600 �2; repealed by 1965 c.344 �42]

�� 311.835 [1957 c.600 ��3,4; repealed by 1965 c.344 �42]

�� 311.840 [1957 c.600 ��5,6,7; repealed by 1965 c.344 �42]

�� 311.845 [1957 c.600 �8; repealed by 1965 c.344 �42]

PREPAYMENT OF TAXES FOR FACILITIES

�� 311.850 Findings. The Legislative Assembly finds that the construction of a facility may have substantial economic impact upon units of local government obligated to furnish services, buildings or other resources in the area in which the facility is being constructed. The Legislative Assembly further finds that this impact may occur in advance of the time when sufficient real market value occasioned by construction of the facility is added to the assessment and tax roll to bear the facility�s portion of the costs of the governmental services, buildings or other resources that the facility�s construction necessitates. The purposes of ORS 311.850 to 311.870 is to provide a method for prepaying ad valorem property taxes during the period of planning and construction of the facility, in order that units of local government may provide the services, buildings or other resources necessitated without imposing an undue burden upon other properties subject to taxation within the unit, and to provide for repayment of the amounts prepaid. [1975 c.563 �1; 1991 c.459 �261; 2005 c.94 �66]

�� 311.855 Definitions for ORS 311.850 to 311.870. As used in ORS 311.850 to 311.870, unless the context requires otherwise, �facility� means:

�� (1) A thermal power plant, as defined in ORS 469.300.

�� (2) A hydroelectric power project, as described in ORS 543.010.

�� (3) Any building or improvement that is suitable for use for industrial, commercial, manufacturing or warehousing purposes. [1975 c.563 �2]

�� 311.860 Agreement for prepayment; contents; filing; certificate of payment. (1) Any person proposing to construct a facility who has applied for and obtained the necessary preliminary construction permits or certificates and the governing body of any taxing unit obligated to furnish services, buildings or other resources in the area in which the construction is to take place may enter into an agreement to carry out the purposes of ORS 311.850. An agreement entered into under this section shall contain provisions pertaining to and in accordance with the following:

�� (a) The payment of moneys to the taxing unit by the person proposing to construct the facility. The person shall make the payment prior to or during the period of the construction.

�� (b) The amounts of the payments to be made by the person proposing to construct the facility and the dates for making the payments.

�� (c) A reduction in real market value for the facility for purposes of computing the rate of levy of the taxing unit entering into the agreement for each year of a period of years, not to exceed 10, commencing on or in the course of completion of the construction of the facility. The amount of reduction allowed by the agreement shall be a percentage amount, not to exceed 50 percent, of the real market value of the facility as of any assessment date affected by the reduction, and may be fixed or graduated over the period of years for which the reduction is allowed. The total reduction allowed by the agreement shall result in a tax benefit for the facility that is estimated to be equivalent to the total amount of payments made under the agreement to the taxing unit, plus interest at the maximum rate of eight percent per annum from the date of each payment. In no event, however, shall the total reduction in real market value during the period of years of reduction cause a total reduction in taxes that exceeds the total amount of moneys previously paid plus interest.

�� (2) A copy of an agreement entered into under this section shall be filed with the county assessor of each county in which a taxing unit that is a party to the agreement is located.

�� (3) Prior to April 1 preceding the first tax year for which the exemption granted by ORS

ORS 316.091

316.091, 317.148 and 318.104); 1995 c.54 �5; 1999 c.21 �40; 2001 c.222 �2; 2014 c.115 �2; 2025 c.562 �2]

�� Note: Section 5, chapter 913, Oregon Laws 2009, provides:

�� Sec. 5. Except as provided in ORS 315.156 (4), a credit may not be claimed under ORS 315.156 for tax years beginning on or after January 1, 2012, and before January 1, 2014, or on or after January 1, 2032. [2009 c.913 �5; 2014 c.115 �1; 2019 c.579 �38; 2025 c.562 �3]

�� 315.160 [Repealed by 1965 c.26 �6]

�� 315.163 Definitions for ORS 315.163 to 315.169. As used in ORS 315.163 to 315.169:

�� (1)(a) �Acquisition costs� means the cost of acquiring buildings, structures and improvements that constitute or will constitute agriculture workforce housing.

�� (b) �Acquisition costs� does not include the cost of acquiring land on which agriculture workforce housing is or will be located.

�� (2) �Agricultural worker� means any person who, for an agreed remuneration or rate of pay, performs temporary or permanent labor for another in the:

�� (a) Production of agricultural or aquacultural crops or products;

�� (b) Handling of agricultural or aquacultural crops or products in an unprocessed stage;

�� (c) Processing of agricultural or aquacultural crops or products;

�� (d) Planting, cultivating or harvesting of seasonal agricultural crops; or

�� (e) Forestation or reforestation of lands, including but not limited to the planting, transplanting, tubing, precommercial thinning and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities.

�� (3) �Agriculture workforce housing� means housing:

�� (a) Limited to occupancy by agricultural workers, including agricultural workers who are retired or disabled, and their immediate families; and

�� (b) No dwelling unit of which is occupied by a relative of the owner or operator of the agriculture workforce housing, except in the case of a manufactured dwelling in a manufactured dwelling park nonprofit cooperative as defined in ORS 62.803.

�� (4) �Agriculture workforce housing project� means the acquisition, construction, installation or rehabilitation of agriculture workforce housing.

�� (5) �Condition of habitability� means a condition that is in compliance with:

�� (a) The applicable provisions of the state building code under ORS chapter 455 and the rules adopted thereunder; or

�� (b) If determined on or before December 31, 1995, sections 12 and 13, chapter 964, Oregon Laws 1989.

�� (6) �Contributor� means a person:

�� (a) That acquired, constructed, manufactured or installed agriculture workforce housing or contributed money to finance an agriculture workforce housing project; or

�� (b) That has purchased or otherwise received via transfer a credit as provided in ORS

ORS 316.744

316.744, 317.111, 317.386, 456.594 to 456.599 and 469.631 to 469.687;

�� (b) The dwelling owner first submits to the department written permission to inspect the installations to verify that installation of energy conservation measures has been made;

�� (c) The dwelling owner presents to the lending institution a copy of the energy audit together with certification that the dwelling in question receives space heating from fuel oil or wood and a copy of the written permission to inspect submitted to the department under paragraph (b) of this subsection; and

�� (d) The dwelling owner does not receive any other state incentives for that part of the cost of the energy conservation measures to be financed by the loan.

�� (2) Any dwelling owner applying for low-interest financing under ORS 469.710 to 469.720 who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident, may use without obtaining a new energy audit any assistance and technical advice obtained from an energy supplier before November 1, 1981, under chapter 887, Oregon Laws 1977, or from a public utility under chapter 889, Oregon Laws 1977, including an estimate of cost for installation of weatherization materials. [1981 c.894 ��25,26; 1987 c.749 �7; 1997 c.249 �167; 2003 c.46 �53]

(Public Buildings)

�� 469.730 Declaration of purpose. It is the purpose of ORS 469.730 to 469.745 to promote voluntary measures to conserve energy in public buildings or groups of buildings constructed prior to January 1, 1978, through the adoption of energy conservation standards. [1977 c.853 �1]

�� 469.735 Definitions for ORS 469.730 to 469.745. As used in ORS 469.730 to 469.745, unless the context requires otherwise:

�� (1) �Department� means the Department of Consumer and Business Services.

�� (2) �Director� means the Director of the Department of Consumer and Business Services.

�� (3) �Public building� means any publicly or privately owned building constructed prior to January 1, 1978, including the outdoor areas adjacent thereto, which:

�� (a) Is open to and frequented by the public; or

�� (b) Serves as a place of employment. [1977 c.853 �2; 1987 c.414 �154; 1993 c.744 �114]

�� 469.740 Rules establishing energy conservation standards for public buildings; bases. In accordance with ORS chapter 183 and after consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services shall adopt rules establishing energy conservation standards for public buildings. The standards shall provide means of measuring and reducing total energy consumption and shall take into account:

�� (1) The climatic conditions of the areas in which particular buildings are located; and

�� (2) The three basic systems comprising any functioning building, which are:

�� (a) Energized systems such as those required for heating, cooling, lighting, ventilation, conveyance and business equipment operation.

�� (b) Nonenergized systems such as floors, ceilings, walls, roof and windows.

�� (c) Human systems such as maintenance, operating and management personnel, tenants and other users. [1977 c.853 �3; 1987 c.414 �154a; 1993 c.744 �115; 2009 c.567 �10]

�� 469.745 Voluntary compliance program. To provide the public with a guide for energy conservation, the Director of the State Department of Energy shall adopt a program for voluntary compliance by the public with the standard adopted by the Director of the Department of Consumer and Business Services under ORS 469.740. [1977 c.853 �4; 1987 c.414 �155]

�� 469.748 State agencies to conduct assessments of energy use and greenhouse gas emissions of state-owned buildings; planning targets in capital projects; state agency reporting. (1) As used in this section, �state agency� has the meaning given that term in ORS

ORS 320.170

320.170 to 320.195.

�� (2) Construction taxes imposed by a school district must be collected, subject to ORS 320.179, by a local government, local service district, special government body, state agency or state official that issues a permit for structural improvements regulated by the state building code. [2007 c.829 �2; 2009 c.534 �1; 2016 c.59 �2]

�� 320.171 Restriction on construction tax imposed by local government, local service district or special government body. (1) A local government or local service district, as defined in ORS 174.116, or a special government body, as defined in ORS 174.117, may not impose a tax on the privilege of constructing improvements to real property except as provided in ORS 320.170 to 320.195.

�� (2) Subsection (1) of this section does not apply to:

�� (a) A tax that is in effect as of May 1, 2007, or to the extension or continuation of such a tax, provided that the rate of tax does not increase from the rate in effect as of May 1, 2007;

�� (b) A tax on which a public hearing was held before May 1, 2007; or

�� (c) The amendment or increase of a tax adopted by a county for transportation purposes prior to May 1, 2007, provided that the proceeds of such a tax continue to be used for those purposes.

�� (3) For purposes of ORS 320.170 to 320.195, construction taxes are limited to privilege taxes imposed under ORS 320.170 to 320.195 and do not include any other financial obligations such as building permit fees, financial obligations that qualify as system development charges under ORS 223.297 to 223.316 or financial obligations imposed on the basis of factors such as income. [2007 c.829 �1; 2016 c.59 �4]

�� 320.173 Exemptions. Construction taxes may not be imposed on the following:

�� (1) Private school improvements.

�� (2) Public improvements as defined in ORS 279A.010.

�� (3) Residential housing that is guaranteed to be affordable, under guidelines established by the United States Department of Housing and Urban Development, to households that earn no more than 80 percent of the median household income for the area in which the construction tax is imposed, for a period of at least 60 years following the date of construction of the residential housing.

�� (4) Public or private hospital improvements.

�� (5) Improvements to religious facilities primarily used for worship or education associated with worship.

�� (6) Agricultural buildings, as defined in ORS 455.315 (2)(a).

�� (7) Facilities that are operated by a not-for-profit corporation and that are:

�� (a) Long term care facilities, as defined in ORS 442.015;

�� (b) Residential care facilities, as defined in ORS 443.400; or

�� (c) Continuing care retirement communities, as defined in ORS 101.020.

�� (8) Residential housing being constructed on a lot or parcel of land to replace residential housing on the lot or parcel of land that was destroyed or damaged by wildfire or another event or circumstance that is the basis for a state of emergency declared under ORS 401.165 or 401.309 or for the exercise of authority under ORS 476.510 to 476.610. [2007 c.829 �3; 2009 c.534 �2; 2021 c.361 �1]

�� 320.176 Limitations; rates; adjustment by Department of Revenue. (1) Construction taxes imposed by a school district pursuant to ORS 320.170 may be imposed only on improvements to real property that result in a new structure or additional square footage in an existing structure and may not exceed:

�� (a) $1 per square foot on structures or portions of structures intended for residential use, including but not limited to single-unit or multiple-unit housing; and

�� (b) $0.50 per square foot on structures or portions of structures intended for nonresidential use, not including multiple-unit housing of any kind.

�� (2) In addition to the limitations under subsection (1) of this section, a construction tax imposed on structures intended for nonresidential use may not exceed $25,000 per building permit or $25,000 per structure, whichever is less.

�� (3)(a) For years beginning on or after June 30, 2009, the limitations under subsections (1) and (2) of this section shall be adjusted for changes in construction costs by multiplying the limitations set forth in subsections (1) and (2) of this section by the ratio of the averaged monthly construction cost index for the 12-month period ending June 30 of the preceding calendar year over the averaged monthly construction cost index for the 12-month period ending June 30, 2008.

�� (b) The Department of Revenue shall determine the adjusted limitations under this section and shall report those limitations to entities imposing construction taxes. The department shall round the adjusted limitation under subsection (2) of this section to the nearest multiple of $100.

�� (c) As used in this subsection, �construction cost index� means the Engineering News-Record Construction Cost Index, or a similar nationally recognized index of construction costs as identified by the department by rule. [2007 c.829 �4; 2016 c.59 �5]

�� 320.179 School district resolutions; collections; requirements. (1) A school district imposing a construction tax shall impose the tax by a resolution adopted by the district board of the school district. The resolution shall state the rates of tax, subject to ORS 320.176.

�� (2) Prior to collecting a construction tax, a school district shall enter into an intergovernmental agreement with each local government, local service district, special government body, state agency or state official collecting the tax that includes:

�� (a) Collection duties and responsibilities;

�� (b) The specific school district accounts into which construction tax revenues are to be deposited and the frequency of such deposits; and

�� (c) The amount of the administrative fee that the entity or official collecting the tax may use to recoup expenses incurred in collecting the construction tax, either through retention or reimbursement. An administrative fee under this paragraph may not exceed four percent of tax revenues. [2007 c.829 �5; 2009 c.534 ��3,4]

�� 320.183 Long-term facilities plan for capital improvements. (1) After deducting the costs of administering a construction tax and payment of refunds of such taxes, a school district shall use net revenues only for capital improvements.

�� (2) A construction tax may not be imposed under ORS 320.170 to 320.195 unless the school district imposing the tax develops a long-term facilities plan for making capital improvements. The plan shall be adopted by resolution of the district board of the school district.

�� (3) As used in this section, �capital improvements�:

�� (a) Means:

�� (A) The acquisition of land;

�� (B) The construction, reconstruction or improvement of school facilities;

�� (C) The acquisition or installation of equipment, furnishings or other tangible property;

�� (D) The expenditure of funds for architectural, engineering, legal or similar costs related to capital improvements and any other expenditures for assets that have a useful life of more than one year; or

�� (E) The payment of obligations and related costs of issuance that are issued to finance or refinance capital improvements.

�� (b) Does not include operating costs or costs of routine maintenance. [2007 c.829 �6]

�� 320.186 Payment of obligations. A school district may pledge construction taxes imposed pursuant to ORS 320.170 to the payment of obligations issued to finance or refinance capital improvements as defined in ORS 320.183. [2007 c.829 �7; 2016 c.59 �6]

�� 320.189 Payment of taxes. Construction taxes must be paid by the person undertaking the construction at the time that a permit authorizing the construction or the expansion of square footage of a facility or building is issued. [2007 c.829 �8; 2009 c.534 �5]

�� 320.192 City or county ordinance or resolution to impose tax; requirements; payment of taxes. (1) The governing body of a city or county may impose a construction tax by adoption of an ordinance or resolution that conforms to the requirements of this section and ORS 320.195.

�� (2)(a) A tax may be imposed on improvements to residential real property that result in a new residential structure or additional square footage in an existing residential structure, including remodeling that adds living space.

�� (b) An ordinance or resolution imposing the tax described in paragraph (a) of this subsection must state the rate of the tax. The tax may not exceed one percent of the permit valuation for residential construction permits issued by the city or county either directly or through the Building Codes Division of the Department of Consumer and Business Services.

�� (3)(a) A tax may be imposed on improvements to commercial and industrial real property, including the commercial and industrial portions of mixed-use property, that result in a new structure or additional square footage in an existing structure, including remodeling that adds living space.

�� (b) An ordinance or resolution imposing the tax described in paragraph (a) of this subsection must state the rate and base of the tax.

�� (4) Taxes imposed pursuant to this section shall be paid at the time specified in ORS 320.189 to the city or county that imposed the tax.

�� (5)(a) This section and ORS 320.195 do not apply to a tax described in ORS 320.171 (2).

�� (b) Conformity of a tax imposed pursuant to this section by a city or county to the requirements of this section and ORS 320.195 shall be determined without regard to any tax described in ORS 320.171 (2) that is imposed by the city or county. [2016 c.59 �8]

�� 320.195 Deposit of revenues; required uses. (1) As soon as practicable after the end of each fiscal quarter, a city or county that imposes a construction tax pursuant to ORS 320.192 shall deposit the construction tax revenues collected in the fiscal quarter just ended in the general fund of the city or county.

�� (2) Of the revenues deposited pursuant to subsection (1) of this section, the city or county may retain an amount not to exceed four percent as an administrative fee to recoup the expenses of the city or county incurred in complying with this section.

�� (3) After deducting the administrative fee authorized under subsection (2) of this section and paying any refunds, the city or county shall use the remaining revenues received under ORS 320.192 (2) as follows:

�� (a) Fifty percent to fund developer incentives allowed or offered pursuant to ORS 197A.465 (5)(c) and (d) and (7);

�� (b) Fifteen percent to be distributed to the Housing and Community Services Department to fund home ownership programs that provide down payment assistance; and

�� (c) Thirty-five percent for programs and incentives of the city or county related to affordable housing as defined by the city or county, respectively, for purposes of this section and ORS 320.192.

�� (4) After deducting the administrative fee authorized under subsection (2) of this section and paying any refunds, the city or county shall use 50 percent of the remaining revenues received under ORS 320.192 (3) to fund programs of the city or county related to housing. [2016 c.59 �9]

TRANSIENT LODGING TAXES

(Definitions)

�� 320.300 Definitions for ORS 320.300 to 320.365. As used in ORS 320.300 to 320.365:

�� (1) �Collection reimbursement charge� means the amount a transient lodging tax collector may retain as reimbursement for the costs incurred by the transient lodging tax collector in collecting and reporting a transient lodging tax and in maintaining transient lodging tax records.

�� (2) �Conference center� means a facility that:

�� (a) Is owned or partially owned by a unit of local government, a governmental agency or a nonprofit organization; and

�� (b) Meets the current membership criteria of the International Association of Conference Centers.

�� (3) �Convention center� means a new or improved facility that:

�� (a) Is capable of attracting and accommodating conventions and trade shows from international, national and regional markets requiring exhibition space, ballroom space, meeting rooms and any other associated space, including without limitation banquet facilities, loading areas and lobby and registration areas;

�� (b) Has a total meeting room and ballroom space between one-third and one-half of the total size of the center�s exhibition space;

�� (c) Generates a majority of its business income from tourists;

�� (d) Has a room-block relationship with the local lodging industry; and

�� (e) Is owned by a unit of local government, a governmental agency or a nonprofit organization.

�� (4) �Local transient lodging tax� means a tax imposed by a unit of local government on the sale, service or furnishing of transient lodging.

�� (5) �State transient lodging tax� means the tax imposed under ORS 320.305.

�� (6) �Tourism� means economic activity resulting from tourists.

�� (7) �Tourism promotion� means any of the following activities:

�� (a) Advertising, publicizing or distributing information for the purpose of attracting and welcoming tourists;

�� (b) Conducting strategic planning and research necessary to stimulate future tourism development;

�� (c) Operating tourism promotion agencies; and

�� (d) Marketing special events and festivals designed to attract tourists.

�� (8) �Tourism promotion agency� includes:

�� (a) An incorporated nonprofit organization or governmental unit that is responsible for the tourism promotion of a destination on a year-round basis.

�� (b) A nonprofit entity that manages tourism-related economic development plans, programs and projects.

�� (c) A regional or statewide association that represents entities that rely on tourism-related business for more than 50 percent of their total income.

�� (9) �Tourism-related facility� means:

�� (a) A conference center, convention center or visitor information center; and

�� (b) Other improved real property that has a useful life of 10 or more years and has a substantial purpose of supporting tourism or accommodating tourist activities.

�� (10) �Tourist� means a person who, for business, pleasure, recreation or participation in events related to the arts, heritage or culture, travels from the community in which that person is a resident to a different community that is separate, distinct from and unrelated to the person�s community of residence, and that trip:

�� (a) Requires the person to travel more than 50 miles from the community of residence; or

�� (b) Includes an overnight stay.

�� (11) �Transient lodging� means:

�� (a) Hotel, motel and inn dwelling units that are used for temporary overnight human occupancy;

�� (b) Spaces used for parking recreational vehicles or erecting tents during periods of human occupancy; or

�� (c) Houses, cabins, condominiums, apartment units or other dwelling units, or portions of any of these dwelling units, that are used for temporary human occupancy.

�� (12) �Transient lodging intermediary� means a person other than a transient lodging provider that facilitates the retail sale of transient lodging and:

�� (a) Charges for occupancy of the transient lodging;

�� (b) Collects the consideration charged for occupancy of the transient lodging; or

�� (c) Receives a fee or commission and requires the transient lodging provider to use a specified third-party entity to collect the consideration charged for occupancy of the transient lodging.

�� (13) �Transient lodging provider� means a person that furnishes transient lodging.

�� (14) �Transient lodging tax collector� means a transient lodging provider or a transient lodging intermediary.

�� (15) �Unit of local government� has the meaning given that term in ORS 190.003.

�� (16) �Visitor information center� means a building, or a portion of a building, the main purpose of which is to distribute or disseminate information to tourists. [Formerly

ORS 329A.450

329A.450 or as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500; or

�� (B) By any home or facility that is licensed under ORS 443.400 to 443.455 or 443.705 to 443.825 to provide residential care alone or in conjunction with treatment or training or a combination thereof.

�� (2) A condominium that includes units used for residential purposes or planned community, including a community not subject to ORS 94.550 to 94.783, may not include in a recorded instrument governing the community and may not enforce any provision that would restrict the use of the community or the lots or units of the community because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits.

�� (3) Any provision in an instrument executed in violation of subsection (1) or (2) of this section is void and unenforceable.

�� (4) An instrument that contains a provision restricting the use of real property in a manner listed in subsection (1)(b) of this section does not give rise to any public or private right of action to enforce the restriction.

�� (5)(a) An instrument that contains a provision restricting the use of real property by requiring roofing materials with a lower fire rating than that required in the state building code established under ORS chapter 455 does not give rise to any public or private right of action to enforce the restriction in an area determined by a local jurisdiction as a wildfire hazard zone. Prohibitions on public or private right of action under this paragraph are limited solely to considerations of fire rating.

�� (b) As used in this subsection, �wildfire hazard zones� are areas that are legally declared by a governmental agency having jurisdiction over the area to have special hazards caused by a combination of combustible natural fuels, topography and climatic conditions that result in a significant hazard of catastrophic fire over relatively long periods each year. Wildfire hazard zones shall be determined using criteria established by the State Forestry Department. [1973 c.258 �1; 1989 c.437 �1; 1991 c.801 �7; 1993 c.311 �1; 1993 c.430 �3; 2007 c.70 �20; 2007 c.100 �16; 2009 c.595 �61; 2017 c.221 �1; 2018 c.35 �2; 2021 c.67 �1; 2021 c.367 ��5,5a]

�� 93.271 Amending declarations or bylaws to remove discriminatory provisions; recording; filing. (1) Notwithstanding ORS 94.590, 94.625, 100.110, 100.135, 100.411 or 100.413 or any requirement of the declaration or bylaws, an amendment to the declaration or bylaws of a planned community or condominium is effective and may be made and recorded in the county clerk�s office of a county in which any portion of the property is situated without the vote of the owners or the board members and without the prior approval of the Real Estate Commissioner, county assessor or any other person if:

�� (a) The amendment is made to conform the declarations or bylaws to the requirements of ORS 93.270 (2); and

�� (b) The amendment is signed by the president and secretary of the homeowners association.

�� (2) The first page or cover sheet of an instrument amending the declaration or bylaws must comply with the recording requirements of ORS chapter 205 and must be in substantially the following form:

AMENDMENT OF [DECLARATION/BYLAWS]

TO COMPLY WITH ORS 93.270 (2).

�� Pursuant to this section, the undersigned states:

�� 1. The undersigned are the president and secretary for the [homeowners/condominium owners] association _ (name) in _ County.

�� 2. This document amends the [declaration/bylaws] of the association.

�� 3. The [declaration was/bylaws were] first recorded under instrument number (or book and page number) __ recorded on _.

�� 4. The [declaration was/bylaws were] most recently amended or restated, if ever, under instrument number (or book and page number) _ recorded on _.

�� 5. The undersigned have determined that the current [declarations/bylaws] of the [planned community/condominium], as last amended or revised, may fail to comply with ORS 93.270. The following amendments to the [declaration/bylaws] remove provisions that are not allowed and are unenforceable under ORS 93.270 (2). No other changes to the document are being made except as may be necessary to correct scriveners� errors or to conform format and style.

�� 6. Under this section, a vote of the association is not required.

�� 7. The description of the real property in ___ County affected by this document is:

�� ____

Dated this _ day of _ 20___.

Name: _____

President, ______ (association name)

Address: ___

Phone No.: __

Dated this _ day of _ 20___.

Name: _____

Secretary, ___ (association name)

Address: ___

Phone No.: __

STATE OF OREGON�� )

�� )�� ss.

County of _____�� )

�� The foregoing instrument was acknowledged before me this ___ day of __ 20_ by __ and ____.

Notary Public for Oregon

My commission expires: ___

�� (3) If an instrument recorded under this section affects a condominium, the condominium association shall file a copy of the recorded instrument with the Real Estate Commissioner. [2023 c.223 �25]

�� 93.272 Procedure for removal of certain restrictions. (1) Except as otherwise provided in ORS 93.274, any owner of record of real property that is subject to an instrument conveying or contracting to convey fee title to the property, or a declaration recorded under ORS 94.580, that contains a provision that is in violation of ORS 93.270 may file a petition to remove that provision from the title to the property. The petition shall be filed in the circuit court for the county in which the property is located. For a petition filed under this section, the court may not charge any filing fees to the petitioner and may not award a prevailing party fee to any party. The petition shall contain:

�� (a) The name and mailing address of the person filing the petition;

�� (b) The name and mailing address of all owners of record of the property;

�� (c) The legal description of the property subject to the provision in violation of ORS

ORS 34.010

34.010 to 34.100.

�� (7) If a local government determines based on the evidence in the record that the use legally existed, the local government may, through a land use decision, approve an application to alter, restore or replace a use for which a land use application, building permit or other regulatory approval was required but record of the approval is unavailable for:

�� (a) A dwelling built after January 1, 2001, that complies with subsection (3)(a)(A) to (D) and (b) of this section; or

�� (b) A nonresidential use or structure.

�� (8) An application under this section must be filed on or before September 30, 2025.

�� (9) For applications described in subsection (3) of this section, the amount of time during which an applicant is permitted to occupy a recreational vehicle under ORS 197.493 (1)(b)(C) is extended to December 30, 2030.

�� (10) An approval of an application under this section expires only if the property owner has not commenced development of the structure or use on or before December 30, 2030. [2021 c.217 �2; 2021 c.520 �3; 2023 c.327 �2]

�� Sec. 5. Sections 2 and 4 of this 2021 Act are repealed on January 2, 2031. [2021 c.217 �5]

LAND CONSERVATION AND DEVELOPMENT COMMISSION

�� 197.030 Land Conservation and Development Commission; members; appointment; confirmation; term; vacancies. (1) There is established a Land Conservation and Development Commission consisting of seven members appointed by the Governor, subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution.

�� (2) The Governor shall appoint to the commission:

�� (a) One member representing Clatsop, Columbia, Coos, Curry, Lincoln and Tillamook Counties and those portions of Douglas and Lane Counties lying west of the summit of the Coast Range;

�� (b) Two members representing Clackamas, Multnomah and Washington Counties;

�� (c) One member representing Benton, Linn, Marion, Polk and Yamhill Counties and that portion of Lane County lying east of the summit of the Coast Range;

�� (d) One member representing Jackson and Josephine Counties and that portion of Douglas County lying east of the summit of the Coast Range;

�� (e) One member representing Baker, Crook, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco and Wheeler Counties; and

�� (f) One member representing Benton, Clackamas, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties and that portion of Lane County lying east of the summit of the Coast Range.

�� (3) At least one member shall be or have been an elected city official in Oregon and at least one member shall be an elected county official at the time of appointment.

�� (4) The term of office of each member of the commission is four years, but a member may be removed by the Governor for cause. Before the expiration of the term of a member, the Governor shall appoint a successor. No person shall serve more than two full terms as a member of the commission.

�� (5) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. [1973 c.80 �5; 1977 c.664 �3; 1981 c.545 �4; 1993 c.792 �49; 1999 c.833 �1]

�� 197.035 Officers; quorum; compensation and expenses. (1) The Land Conservation and Development Commission shall select one of its members as chairperson and another member as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines. The vice chairperson of the commission shall act as the chairperson of the commission in the absence of the chairperson.

�� (2) A majority of the members of the commission constitutes a quorum for the transaction of business.

�� (3) Members of the commission are entitled to compensation and expenses as provided in ORS

ORS 358.635

358.635. [1983 c.295 ��1,5,6; 1989 c.743 �3]

�� 358.655 [1979 c.205 �4; 1987 c.883 �1; 1989 c.743 �4; 1991 c.240 �5; repealed by 1995 c.428 �8]

�� 358.660 [1989 c.112 �6; 1995 c.144 �2; repealed by 2003 c.18 �2]

HISTORIC PRESERVATION REVOLVING LOAN FUND

�� 358.662 Definitions for ORS 358.662 to 358.678. As used in ORS 358.662 to 358.678:

�� (1) �Eligible costs� includes architectural, engineering, material and planning costs, rehabilitation and reconstruction costs, and construction expenses necessary to meet building code requirements.

�� (2) �Financial need� means the amount of moneys that must be obtained from a lender in order for the proposed project to be completed.

�� (3) �Historic property� means real property that is:

�� (a) Listed individually in the National Register of Historic Places established and maintained under the National Historic Preservation Act of 1966 (P.L. 89-665);

�� (b) A contributing property in a National Register Historic District; or

�� (c) Designated by local ordinance as an individual historic property or as a contributing property in a historic district and that the State Historic Preservation Officer finds is eligible for listing in the National Register of Historic Places.

�� (4) �Owner� includes a purchaser under a recorded instrument of sale.

�� (5) �Standards and guidelines for the rehabilitation of historic property� means the standards and guidelines adopted by the State Historic Preservation Officer under ORS

ORS 431A.050

431A.050.

�� (2) The State Fire Marshal shall serve as executive director of the council, but is not a member. The council shall meet at least quarterly. The council shall select a chairperson and vice chairperson at the first council meeting of each odd-numbered year. The council may elect additional officers as the council determines to be reasonable and necessary.

�� (3) In addition to the ex officio members identified in subsection (1) of this section, the Governor may designate a representative of the Governor to serve as a nonvoting member. The Governor may also appoint not more than 12 members to serve on the council for three-year terms. Initial terms of the appointed members may be adjusted to promote council stability. An appointed member may not serve more than two consecutive terms. A member appointed by the Governor must be a representative of one of the following:

�� (a) The Oregon Fire Chiefs Association or a successor or other organization representing fire chiefs.

�� (b) The Oregon Fire District Directors Association or a successor or other organization representing fire district directors.

�� (c) The Oregon Fire Marshals Association or a successor or other organization representing fire marshals.

�� (d) Property and casualty insurance providers.

�� (e) Employees of the Department of the State Fire Marshal.

�� (f) The Oregon State Fire Fighters Council or a successor or other organization representing professional firefighters.

�� (g) The Oregon Volunteer Firefighters Association or a successor or other organization representing volunteer firefighters.

�� (h) The League of Oregon Cities or a successor or other organization representing municipalities.

�� (i) The Special Districts Association of Oregon or a successor or other organization representing fire districts.

�� (j) A representative of a structural fire response agency of a federally recognized Oregon Indian tribe.

�� (k) The Oregon Fire Service Office Administrators or a successor or other organization representing administrative personnel that serves Oregon fire service agencies.

�� (L) The general public.

�� (4) Notwithstanding the term of office specified in subsection (3) of this section, the initial term of a member appointed by the Governor may be adjusted to limit the number of member terms expiring in the same year.

�� (5) To the extent funding is available from moneys appropriated to the Department of the State Fire Marshal, a member of the council is entitled to compensation and expenses as provided in ORS 292.495.

�� (6) The council shall advise the Governor and the State Fire Marshal on fire policy issues and strategies for the implementation of fire and life safety issues. The council may initiate advice to the State Fire Marshal and the Governor on any matter related to the mission of the council. The council may not participate in the discussion of traditional labor relations issues.

�� (7) The Department of the State Fire Marshal shall provide staff services to the council. All agencies, departments and officers of this state are directed to assist the council in the performance of its functions and to furnish information and advice as the council considers necessary. [2001 c.647 �1; 2011 c.9 �66; 2021 c.539 �131; 2025 c.177 �8]

�� Note: 476.680 and 476.685 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.685 Biennial reports. The Governor�s Fire Service Policy Council shall provide a biennial report to the Governor on the council�s progress in supporting the mission of the Department of the State Fire Marshal. The report shall identify significant accomplishments, current challenges and opportunities for improvement. [2001 c.647 �2; 2021 c.539 �132; 2025 c.177 �9]

�� Note: See note under 476.680.

WILDFIRE PROGRAMS

�� 476.687 State Wildfire Programs Director. (1) The Governor shall appoint a State Wildfire Programs Director to serve at the pleasure of the Governor.

�� (2) The duties of the director shall include:

�� (a) Overseeing implementation of requirements and authorization provided by chapter 592, Oregon Laws 2021.

�� (b) Coordinating and integrating activities of state agencies and other entities that are required or authorized by chapter 592, Oregon Laws 2021, in order to optimize the efficiency and effectiveness of the activities.

�� (c) Ensuring compliance with deadlines set out in chapter 592, Oregon Laws 2021.

�� (d) Monitoring and assessing any financial impacts of the activities on local jurisdictions and the equity of those financial impacts among the jurisdictions.

�� (e) Supervising staffing of the Wildfire Programs Advisory Council.

�� (f) Reporting at least every 90 days to the Governor, the President of the Senate, the Speaker of the House of Representatives and the chairs of relevant committees and interim committees of the Legislative Assembly to summarize progress on implementing the activities, note obstacles and opportunities and catalog possibilities for future improvements to further reduce wildfire risk in this state.

�� (g) Exploring additional opportunities to reduce wildfire risk, including but not limited to engaging with:

�� (A) Insurance companies regarding insurance policy coverage provisions, underwriting standards, insurance rates and any other topics relevant to enhancing the protection of property from wildfire at a reasonable cost.

�� (B) Electric utilities regarding further actions to protect public safety, reduce risk to electric company customers and promote electrical system resilience to wildfire damage.

�� (C) Congressional delegations and federal agencies to expand opportunities for cost-share partnerships for wildfire mitigation and develop strategies for improvements to federal fire management policies.

�� (h) Collaborating with the State Resilience Officer and participating in any relevant emergency preparedness advisory councils. [2021 c.592 �35; 2025 c.590 �9]

�� Note: 476.687 and 476.690 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� Note: Legislative Counsel has substituted �chapter 592, Oregon Laws 2021,� for the words �this 2021 Act� in section 35, chapter 592, Oregon Laws 2021, compiled as 476.687. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2021 Comparative Section Table located in Volume 22 of ORS.

�� 476.690 Wildfire Programs Advisory Council. (1) As used in this section:

�� (a) �Defensible space� means a natural or human-made area in which material capable of supporting the spread of fire has been treated, cleared or modified to slow the rate and intensity of advancing wildfire and allow space for fire suppression operations to occur.

�� (b) �Wildland-urban interface� has the meaning given that term in ORS 477.015.

�� (2) There is established a Wildfire Programs Advisory Council to advise and assist the State Wildfire Programs Director by:

�� (a) Closely monitoring implementation of activities related to wildfire prevention and response, including receiving and evaluating agency reports related to wildfire prevention and response.

�� (b) Providing advice on potential changes to the activities in order to fulfill the goal of dramatically reducing wildfire risk in this state and ensuring that regional defensible space, building codes and land use applications are appropriate.

�� (c) Strengthening intergovernmental and multiparty collaboration and enhancing collaboration between governments and stakeholders on an ongoing basis.

�� (d) Developing strategies to enhance collaboration among governmental bodies and the general public.

�� (e) Reviewing Department of Land Conservation and Development findings and recommendations in the report required by section 11, chapter 592, Oregon Laws 2021, and making additional recommendations related to potential updates to the statewide land use planning program, local comprehensive plans and zoning codes to incorporate wildfire hazard maps and minimize wildfire hazards to people, public and private property, businesses, infrastructure and natural resources.

�� (3) The council is not a decision-making body but instead is established to provide advice, assistance, perspective, ideas and recommendations to the State Wildfire Programs Director.

�� (4) The President of the Senate and Speaker of the House of Representatives shall jointly appoint 21 members to the council as follows:

�� (a) One member who represents county government.

�� (b) One member who is a land use planning director of a county that is wholly or partially within the wildland-urban interface.

�� (c) One member who represents city government.

�� (d) One member who is a land use planning director of a city that is wholly or partially within the wildland-urban interface.

�� (e) One member who represents fire chiefs and has experience with managing, fighting or preventing fire within the wildland-urban interface.

�� (f) One member who represents fire marshals and has experience with community risk reduction and prevention of structural fire within the wildland-urban interface.

�� (g) One member who represents firefighters and has experience with managing, fighting or preventing fire within the wildland-urban interface.

�� (h) One member who represents rural residential property owners whose property is wholly or partially within the wildland-urban interface.

�� (i) One member who represents farming property owners whose property is wholly or partially within the wildland-urban interface.

�� (j) One member who represents ranching property owners whose property is wholly or partially within the wildland-urban interface.

�� (k) One member who represents forestland owners whose property is wholly or partially within the wildland-urban interface.

�� (L) One member who represents federally recognized Indian tribes with land wholly or partially within the wildland-urban interface.

�� (m) One member who represents a utility company.

�� (n) One member who represents environmental interests.

�� (o) One member who represents forest resiliency interests.

�� (p) One member who represents state or regional land use planning organizations.

�� (q) One member who represents land and housing development interests or real estate industry interests.

�� (r) One member who represents public health professionals.

�� (s) One member who represents the environmental justice community.

�� (t) One member who represents the structural fire service and who has experience with managing, fighting or preventing wildfire within the wildland-urban interface.

�� (u) One member who represents the insurance industry.

�� (5) The council shall be geographically diverse, with representatives from across this state.

�� (6) The presiding officers shall provide public notice of an opportunity for interested parties to submit names of interest for appointment to the council.

�� (7) At least seven days before appointing a member, the presiding officers shall consult in good faith with the minority leaders of the Senate and House of Representatives on the appointment.

�� (8) The term of service for each member is four years.

�� (9) The members are eligible for reappointment.

�� (10) The council shall elect a chairperson and vice chairperson to serve for one-year terms.

�� (11) The members shall serve on the council as volunteers and are not entitled to reimbursement for expenses.

�� (12) The Department of Consumer and Business Services, Department of Land Conservation and Development, Department of the State Fire Marshal and State Forestry Department shall each provide 15 percent of the time of a full-time equivalent employee to:

�� (a) Cooperatively staff the council.

�� (b) Attend council meetings as informational resources.

�� (c) Assist with drafting reports at the request of the council.

�� (d) Support the work of the State Wildfire Programs Director.

�� (13) The Oregon State University Extension Service shall designate a person to serve as staff for the council.

�� (14) Each October the council shall submit a report to the Governor and appropriate committees or interim committees of the Legislative Assembly that describes progress on implementing program activities related to defensible space, building codes, land use and community emergency preparedness and that recommends improvements. [2021 c.592 �36; 2023 c.611 �8; 2025 c.590 �5]

�� Note: See first note under 476.687.

�� 476.694 [2021 c.592 �21; 2022 c.85 �3; renumbered

ORS 433.035

433.035, 433.121 and 433.123. [2003 c.555 �11; 2007 c.445 �27; 2009 c.595 �675]

�� 433.455 [Amended by 1973 c.779 �13; repealed by 1981 c.198 �2]

�� 433.460 [Amended by 1973 c.779 �14; repealed by 1981 c.198 �2]

�� 433.465 [Amended by 1973 c.779 �15; repealed by 1981 c.198 �2]

�� 433.466 Right to legal counsel by persons subject to public health measure. (1) A person or group of persons subject to isolation or quarantine or other public health measure pursuant to ORS 433.121 or 433.123 has the right to be represented by legal counsel if the person or group of persons so elects. If the person or group of persons requests legal counsel and cannot afford counsel, the court shall appoint legal counsel. If no request for legal counsel is made, the court must appoint legal counsel unless counsel is expressly, knowingly and intelligently refused by the person or the group of persons. The person or the group of persons may request legal counsel at any time during the period of imposition of the isolation, quarantine or other public health measure.

�� (2) If a person is unable to afford legal counsel, the executive director of the Oregon Public Defense Commission shall determine and pay, as provided in ORS 135.055, the reasonable expenses of the person and compensation for legal counsel appointed to represent the person. [2007 c.445 �11; 2023 c.281 �75]

�� 433.470 [Amended by 1973 c.779 �16; repealed by 1981 c.198 �2]

�� 433.475 [Amended by 1979 c.590 �2; 1979 c.828 �8; repealed by 1981 c.198 �2]

�� 433.480 [Repealed by 1981 c.198 �2]

�� 433.485 [Repealed by 1981 c.198 �2]

�� 433.490 [Amended by 1973 c.779 �17; repealed by 1981 c.198 �2]

�� 433.495 [Amended by 1967 c.187 �1; 1973 c.779 �18; repealed by 1981 c.198 �2]

�� 433.500 [Amended by 1967 c.187 �2; 1973 c.779 �19; repealed by 1981 c.198 �2]

INDOOR AIR POLLUTION

�� 433.502 Definitions. As used in ORS 433.502 to 433.526, 455.445 and 468A.775 to 468A.785:

�� (1) �Office workplace� means any enclosed nonmanufacturing indoor area, located in a building of more than 4,000 square feet, and in which 50 or more employees, as defined in ORS 654.005 spend any part of their working hours.

�� (2) �Public area� means any enclosed indoor area open to and frequented by the public and where, during a representative 24-hour period the number of public occupants exceeds the number of employees, except private residences. �Public area� includes a health care facility as defined in ORS 442.015.

�� (3) �Remodeling� means any change, addition or modification in the ventilation system for which a building permit is or was required.

�� (4) �Significant indoor air pollutant� means any solid, liquid, semisolid, dissolved solid, biological organism, aerosol or gaseous material, including combinations or mixtures of substances, which has an adverse effect on human health and has been designated by the state for regulation under ORS 433.502 to 433.526,

ORS 442.015

442.015, a residential facility as defined by ORS 443.400, an adult foster home as defined by ORS 443.705 and any residential facility required to be registered under ORS 443.480 to 443.500. [1991 c.413 �1; 1997 c.249 �144]

�� 443.881 Transfer of property; undue influence. (1) No owner, employee or administrator of a residential facility as defined by ORS 443.880 shall cause any person who is a resident of the facility to deliver to the owner, employee or administrator any funds or property of the resident by the exercise of undue influence.

�� (2) For the purposes of this section, �undue influence� means that an owner, employee or administrator of a residential facility has substituted the will or interests of the owner, employee or administrator for the will or interests of the resident of the facility. [1991 c.413 �2]

�� 443.885 [1991 c.416 �1; 2003 c.14 �265; repealed by 2017 c.679 �46]

MEMORY CARE

�� 443.886 Memory care endorsement required; standards; fees; rules. (1) If a facility intends to provide care for residents with Alzheimer�s disease or other forms of dementia by means of an endorsed memory care community, the facility must obtain a memory care endorsement on its license or registration.

�� (2) The Department of Human Services, with the input from representatives of advocate groups and the long term care industry, shall adopt by rule standards that ensure that the special needs of any resident with Alzheimer�s disease or other form of dementia who is cared for in an endorsed memory care community are met and that quality care is provided. The standards must include but are not limited to provisions for:

�� (a) Care planning, facility design, staffing, staff and administrator training, safety, egress control, elopement notifications, individual care planning, admission and transfer policy, family involvement, therapeutic activities and social services;

�� (b) Continuity of basic care requirements, including procedures to be followed during emergency evacuations and facility closures; and

�� (c) Marketing and advertising of the availability of and services from endorsed memory care communities.

�� (3) The department shall adopt a fee schedule for memory care endorsement, taking into account the type of facility and the number of residents.

�� (4) The department shall enforce rules adopted under subsection (2) of this section and ORS 443.889 and shall allow a licensee or registrant to retain the memory care endorsement required to care for residents with Alzheimer�s disease or other forms of dementia only as long as the licensee or registrant complies with the rules.

�� (5) The memory care endorsement may be suspended or revoked in the same manner as the license or registration is suspended or revoked.

�� (6) Unless a facility has obtained the memory care endorsement required by subsection (1) of this section, the facility may not:

�� (a) Advertise the facility as providing an Alzheimer�s care unit or memory care community; or

�� (b) Market the facility as providing an Alzheimer�s care unit or memory care community. [1991 c.416 �2; 2001 c.900 �193; 2005 c.22 �312; 2017 c.679 �28; 2021 c.588 �4; 2025 c.619 �12]

�� 443.887 Definitions. As used in this section and ORS 443.886 and 443.889:

�� (1) �Acuity-based staffing tool� means the acuity-based staffing tool described in ORS 443.432 or an acuity-based staffing tool adopted by a facility that meets requirements established by the Department of Human Services by rule.

�� (2) �Endorsed memory care community� means a special care unit in a designated, separated area for residents with Alzheimer�s disease or other forms of dementia that is locked or secured to prevent or limit access by a resident outside the designated or separated area.

�� (3) �Facility� means a residential care facility as defined in ORS 443.400. [2021 c.588 �1]

�� Note: 443.887 and 443.889 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 443.888 [1999 c.476 �4; 2005 c.688 �6; renumbered 443.895 in 2021]

�� 443.889 Use of acuity-based staffing tool; assessment of staffing levels; fines, penalties or conditions; rules. (1) The Department of Human Services shall adopt rules:

�� (a) Establishing minimum requirements for an acuity-based staffing tool adopted by a facility and the frequency with which a facility must reassess the facility�s staffing patterns with the acuity-based staffing tool.

�� (b) Establishing requirements for the design of an acuity-based staffing tool adopted by a facility to ensure that the tool recommends staffing levels, intensity and qualifications necessary to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week.

�� (c) For carrying out subsection (5) of this section.

�� (2) Before finalizing any changes to rules adopted under subsection (1)(a) or (b) of this section, to promote quality care or sufficient staffing levels the department shall assess the administrative and operational impact on facilities and on the safety of the residents and staff of facilities.

�� (3) The department shall assess the staffing levels of a facility, at a minimum, each time the department conducts a survey, license approval or renewal or an investigation into a complaint regarding:

�� (a) Abuse of a resident;

�� (b) Injury to a resident;

�� (c) Resident safety; or

�� (d) Staffing levels.

�� (4) The assessment under subsection (3) of this section must include a determination of whether the facility is:

�� (a) Using an acuity-based staffing tool that meets the requirements of rules adopted under subsection (1) of this section;

�� (b) Recalculating the facility�s staffing patterns using the acuity-based staffing tool with the frequency required by rules adopted under subsection (1) of this section;

�� (c) Consistently staffing to the levels, intensity and qualifications indicated by the acuity-based staffing tool; and

�� (d) Consistently meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week.

�� (5) If the department finds, during an assessment under subsection (3) of this section, that a facility is:

�� (a) Not using an acuity-based staffing tool, the department shall require the facility to adopt the acuity-based staffing tool developed by the department until the facility has in place the facility�s own acuity-based staffing tool.

�� (b) Using an acuity-based staffing tool but is not meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week, the department shall:

�� (A) Place a condition on the facility�s license as provided in ORS 441.736 (1)(b)(A), (B), (C) or (F);

�� (B) Establish staffing levels in a corrective action plan;

�� (C) Impose fines, penalties or conditions required by law or that the department deems necessary to compel compliance; and

�� (D) Continuously monitor the facility for compliance with the staffing levels indicated by the acuity-based staffing tool for six months or until the department removes the condition placed under subparagraph (A) of this paragraph.

�� (c) Using an acuity-based staffing tool but the tool does not meet the requirements of the rules adopted under subsection (1)(a) and (b) of this section or the facility is not using the tool to review its staffing levels at the frequency required by the rules, the department shall:

�� (A) Assess whether the facility is meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week; and

�� (B) Impose fines, penalties or conditions on the facility�s license that are required by law or that the department deems necessary to compel compliance. [2021 c.588 �2; 2024 c.92 �7]

�� Note: See note under 443.887.

�� 443.890 Independent family councils. (1) As used in this section:

�� (a) �Facility� means a facility with a memory care endorsement under ORS 443.886.

�� (b) �Independent family council� means a group of residents, family members of residents or legal representatives of residents that meets privately, either in person or virtually.

�� (c) �Resident� means an individual residing in a facility.

�� (2) A resident has the right to organize and participate in resident groups in a facility, including an independent family council.

�� (3) At the time that a resident is admitted to a facility, the facility shall provide to the resident and the resident�s legal representative:

�� (a) Written notice of the resident�s right to organize and participate in resident groups in the facility, including an independent family council; and

�� (b) Information about how to contact and participate in any independent family council that has already been formed at the facility.

�� (4) When an independent family council has been formed at a facility:

�� (a) The facility shall provide adequate space in the entry area of the facility for the independent family council to display information about the independent family council.

�� (b) The facility shall provide space within the facility for the independent family council to meet during mutually agreed-upon times. The space must reasonably allow for privacy.

�� (c) If requested by the independent family council, the facility shall take reasonable steps to make residents and family members and legal representatives of residents aware, in a timely manner, of upcoming meetings of the independent family council.

�� (d) Staff and visitors may attend independent family council meetings only at the invitation of the independent family council. All visitors, including family members and legal representatives of residents, must comply with any general facility policies and procedures that apply to visitors, such as sign-in and sign-out policies and nondiscrimination and anti-harassment policies.

�� (e) The facility shall designate a staff person to be responsible for responding to, or coordinating a response to, any written requests or grievances that result from the independent family council.

�� (f) The facility shall respond in a timely manner to any requests or grievances submitted by the independent family council concerning issues of resident care or life in the facility. The facility is not required to implement any requests submitted by the independent family council but shall, upon request, provide a response that describes the facility�s rationale for its decision.

�� (5) An independent family council may not override the rights of a resident.

�� (6) A facility may not:

�� (a) Discriminate or retaliate against a resident based on the participation of the resident or the resident�s family member or legal representative in an independent family council.

�� (b) Willfully interfere with the formation, maintenance or promotion of an independent family council. [2025 c.221 �1]

�� Note: 443.890 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

MISCELLANEOUS

�� 443.895 Exemption from ad valorem property taxation for certain facilities; certification. (1)(a) The owner of a long term care facility seeking to have the facility be exempt from ad valorem property taxation under ORS 307.811 shall apply to the Department of Human Services for certification of the facility as an essential community provider long term care facility.

�� (b) The application shall be made after the close of the calendar year for which the average percentage of residents eligible for medical assistance under Medicaid is to be determined.

�� (2) The application shall be in the form and shall contain the information prescribed by the department, including but not limited to:

�� (a) The location of the long term care facility; and

�� (b) A statement of the number of residents of the long term care facility during the previous calendar year and the number of those residents who were eligible for Medicaid.

�� (3) The department shall act upon an application within 15 days after the date the application has been filed with the department and all requested information has been provided by the applicant.

�� (4) The department shall certify a long term care facility as an essential community provider long term care facility if the facility:

�� (a) Is a nursing facility, assisted living facility or residential care facility and has an average residency rate of 50 percent or more who are eligible for Medicaid; or

�� (b) Is an adult foster home and has an average residency rate of 60 percent or more who are eligible for Medicaid.

�� (5) The department shall send the certification to the applicant. The certification shall state the tax year for which the certification is valid.

�� (6) A certification under this section shall be valid for the tax year beginning the July 1 immediately following the calendar year in which the long term care facility met the Medicaid eligibility residency rate set forth in subsection (4) of this section.

�� (7) As used in this section, �long term care facility� means a nursing facility, assisted living facility, residential care facility or adult foster home as defined in ORS 443.705. [Formerly 443.888]

�� Note: 443.895 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Temporary provisions relating to exemption from automatic sprinkler system requirement for certain residential training homes and adult foster homes)

�� Note: Sections 3 and 9, chapter 91, Oregon Laws 2022, provide:

�� Sec. 3. Notwithstanding any provision of the state building code, as defined in ORS 455.010, a single-family detached dwelling that is used to operate a residential training home, as defined in ORS

ORS 446.004

446.004); 1979 c.884 �1; 1983 c.707 �1; 1987 c.274 �1; 1987 c.414 �21; 1989 c.527 �1; 1989 c.648 ��1,1a; 1989 c.683 �1; 1989 c.919 �6b; 1991 c.226 �1; 1991 c.844 �21; 1993 c.744 �47; 1995 c.251 �1; 1997 c.205 �1; 1999 c.758 �7; 2003 c.675 �6; 2005 c.22 �313; 2009 c.259 �25; 2009 c.567 �28; 2013 c.161 �2; 2013 c.196 �21; 2019 c.401 �8; 2019 c.422 ��1a,1b; 2019 c.585 �7a; 2021 c.260 ��6,7; 2022 c.54 ��17,18]

�� 446.004 [1969 c.295 �2; 1971 c.753 �42; repealed by 1975 c.546 �9 and by 1975 c.793 �1a (446.003 and 446.005 enacted in lieu of 446.004)]

�� 446.005 �Issuing authority� defined. As used in ORS 446.003 to 446.200, 446.225 to 446.285 and 446.425, unless the context requires otherwise, or unless administration and enforcement by Oregon under the existing or revised National Manufactured Housing Construction and Safety Standards Act would be adversely affected, �issuing authority� means with respect to mobile home or manufactured dwelling park plans review and construction, the Department of Consumer and Business Services. [1975 c.793 �1b (enacted in lieu of 446.004); 1981 c.190 �7; 1983 c.707 �2; 1989 c.648 �2]

�� 446.006 [1953 c.490 �3; 1967 c.247 �2; 1969 c.533 �12; 1973 c.560 �2; 1975 c.793 �2; 1979 c.789 �1; 1981 c.190 �3; repealed by 1983 c.707 �29]

�� 446.007 [2019 c.422 �26; 2021 c.260 �8; repealed by 2022 c.54 �19]

�� 446.010 [Repealed by 1953 c.490 �21]

�� 446.012 [1953 c.490 �4; 1971 c.650 �22; 1975 c.793 �3; repealed by 1983 c.707 �29]

�� 446.015 [1971 c.588 �1; repealed by 1983 c.707 �29]

�� 446.016 [1953 c.490 �5; 1973 c.560 �3; 1975 c.793 �4; 1979 c.342 �1; 1979 c.696 �3a; 1981 c.190 �4; repealed by 1983 c.707 �29]

�� 446.020 [Repealed by 1953 c.490 �21]

�� 446.022 [1953 c.490 �6; 1969 c.533 �13; repealed by 1973 c.560 �22]

�� 446.026 [1953 c.490 �7; repealed by 1983 c.707 �29]

�� 446.030 [Repealed by 1953 c.490 �21]

�� 446.032 [1953 c.490 �16; repealed by 1959 c.562 �16]

�� 446.036 [1953 c.490 �8; 1969 c.533 �14; 1981 c.190 �5; repealed by 1983 c.707 �29]

�� 446.040 [Repealed by 1953 c.490 �21]

�� 446.042 [1953 c.490 �9; repealed by 1983 c.707 �29]

�� 446.046 [1953 c.490 �10; 1973 c.560 �4; 1975 c.793 �5; repealed by 1983 c.707 �29]

�� 446.050 [Repealed by 1953 c.490 �21]

�� 446.052 [1953 c.490 �11; 1967 c.247 �3; 1971 c.734 �63; 1973 c.560 �5; 1975 c.793 �6; repealed by 1983 c.707 �29]

�� 446.055 Four to six manufactured dwellings exempt from ORS 446.003 to 446.140. Four to six manufactured dwellings may be sited on a lot or parcel or aggregation of lots or parcels without meeting the requirements of ORS 446.003 to 446.140. However, four to six manufactured dwellings shall be sited in conformance with the comprehensive plan and land use regulations for other dwellings of similar capacity within the zone in which the manufactured dwellings are sited. [1993 c.437 �2]

�� 446.056 [1953 c.490 �12; 1973 c.560 �6; 1975 c.793 �7; repealed by 1983 c.707 �29]

�� 446.060 [Repealed by 1953 c.490 �21]

�� 446.062 Rules regulating parks; state building code requirements; approval for new construction or additional lots. (1)(a) The Director of the Department of Consumer and Business Services shall issue rules under ORS chapter 183 to regulate mobile home or manufactured dwelling parks. These rules shall conform to ORS 446.090 to 446.140.

�� (b) Any water system serving a mobile home or manufactured dwelling park is subject to ORS

ORS 446.200

446.200 or rules adopted under those sections or adopt temporary permitting and operating and construction standards in lieu of the requirements if the director determines that:

�� (1) The waiver is necessary or advisable to allow for the rapid development of a manufactured dwelling park approved under ORS 197A.440; and

�� (2) The waiver will not jeopardize the health and safety of the occupants of the manufactured dwelling park. [2021 c.260 �4]

�� Note: 446.198 was added to and made a part of 446.003 to 446.200 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

�� 446.200 Exemption from additional regulations. A manufactured dwelling that is constructed in conformity with the minimum safety standards provided by ORS 446.185 and that bears an insignia of compliance is not required to comply with any additional regulations if the dwelling is thereafter placed upon a permanent foundation and affixed to real property. [Formerly 446.165; 1989 c.648 �20; 1991 c.226 �6; 1995 c.251 �4; 2019 c.422 �7]

�� 446.210 [1969 c.295 �12; 1989 c.648 �21; 1993 c.744 �54; 2003 c.14 �266; 2005 c.758 �7; 2007 c.271 �1; repealed by 2017 c.364 �1]

�� 446.220 [1975 c.566 �2; repealed by 1983 c.65 �1]

�� 446.225 Administration and enforcement of federal manufactured housing safety and construction standards; rules. (1) The Legislative Assembly intends to provide a procedure to assure that Oregon assumes fullest responsibility for administration and enforcement of federal manufactured housing safety and construction standards in Oregon in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383).

�� (2) The Director of the Department of Consumer and Business Services is authorized to apply for and receive grants from the Secretary of Housing and Urban Development for implementation and development of a plan for enforcement and administration of federal manufactured housing safety and construction standards for manufactured housing offered for sale or lease in this state.

�� (3) The director is authorized to adopt rules pursuant to ORS chapter 183 to insure acceptance by the Secretary of Housing and Urban Development of Oregon�s plan for administration and enforcement of federal manufactured housing safety and construction standards in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). [1975 c.546 �2; 1989 c.648 �22]

�� 446.230 Safety and construction standards for installation, support and tiedown; rules; when installer license not required. (1) The Director of the Department of Consumer and Business Services shall, by administrative rule, adopt and enforce safety and construction standards for installation, support and tiedown of manufactured dwellings on a lot. These safety standards shall be reasonably consistent with nationally recognized standards for placement, support and tiedown of manufactured dwellings, and shall be designed to protect the health and safety of occupants of manufactured dwellings against uplift, sliding, rotation and overturning of manufactured dwellings.

�� (2) The director shall designate wind pressure zones in which the rules for tiedown of manufactured dwellings shall apply.

�� (3) Except as provided in ORS 446.395, an installer is not required to be licensed by the director to connect utilities from utility terminations provided on a lot to manufactured dwellings. [1975 c.546 �3; 1989 c.648 �23; 1991 c.226 �7; 1993 c.744 �55]

�� 446.240 Safety standards for accessory structures; rules. The Director of the Department of Consumer and Business Services shall adopt and enforce rules establishing safety standards for construction and installation of accessory buildings and structures. Prefabricated and site-built accessory buildings and structures shall be consistent with the provisions of the state building code adopted pursuant to ORS 455.020 and 455.110 except where application of such standards would conflict with standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 and would prevent the Department of Consumer and Business Services from enforcing the federal Act in Oregon. [1975 c.546 �4; 1989 c.648 �24]

�� 446.245 Permitted uses of manufactured dwellings. (1) Manufactured dwellings shall be used as single-family dwellings.

�� (2) Manufactured dwellings shall not be used for commercial purposes.

�� (3) Exceptions to subsections (1) and (2) of this section are:

�� (a) Manufactured dwellings may be used for purposes other than as a single-family dwelling when specifically approved for a change in occupancy in accordance with the provisions of the Oregon specialty codes by the authority having jurisdiction. When a manufactured dwelling changes in occupancy it shall lose its identity as a manufactured dwelling and have the insignia removed and returned to the Department of Consumer and Business Services.

�� (b) Manufactured dwellings may be used by dealers or distributors as temporary sales offices if:

�� (A) No alterations to the design, construction, transportation, fire and life safety, plumbing, mechanical or electrical systems are made to accommodate the office use; and

�� (B) The dealer or distributor continues to offer the manufactured dwelling for sale during the office use.

�� (c) A portion of a manufactured dwelling may be used for an in-house business when the remainder of the dwelling is used as a single-family dwelling by the same person. Approval for the type and location of an in-home business must be obtained from the authority having jurisdiction and the local planning commission prior to the use. [1991 c.478 �2; 2019 c.422 �8]

�� Note: 446.245 was added to and made a part of 446.155 to 446.285 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 446.250 Duties of director; agreements with local governments; conditions. The Director of the Department of Consumer and Business Services shall cause inspections to be made, approve plans and specifications, provide technical services and issue permits for alteration of manufactured dwellings, for installation of manufactured dwellings or accessory buildings or structures on a lot and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations. The director shall appoint or contract with municipalities that request such appointment or contract for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations, if the municipality employs as local inspectors qualified persons who have been certified by the director for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations under ORS 446.003, 446.111, 446.155, 446.160, 446.176,

ORS 446.225

446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted under those statutes. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.

�� (4) This section does not grant any authority over a municipality or an inspector employed by a municipality. [1991 c.792 ��3,5; 1999 c.597 �1; 2001 c.411 �20; 2003 c.14 �285; 2013 c.324 �10]

MASTER BUILDER PROGRAMS

�� 455.800 Definitions for ORS 455.800 to 455.820. As used in ORS 455.800 to 455.820:

�� (1) �Building official� means a person who is a building official as defined in ORS 455.715 or a Department of Consumer and Business Services employee charged with enforcement or administration of the state building code.

�� (2) �Building trade committee� means a group composed of experienced and knowledgeable local general contractors or other persons having substantial expertise in various aspects of one and two family dwelling construction under the Low-Rise Residential Dwelling Code.

�� (3) �General contractor� has the meaning given that term in ORS 701.005.

�� (4) �Master builder� means a person certified under ORS 455.810.

�� (5) �Qualified construction company� means a company that has been:

�� (a) Continuously licensed by the Construction Contractors Board during the preceding 60 months as a general contractor; or

�� (b) Continuously licensed by the Construction Contractors Board during at least the preceding 24 months as a general contractor and by one or more other states during the balance of the preceding 60 months in an occupation equivalent to that of a general contractor.

�� (6) �Regular employee� means a person who:

�� (a) Is continuously employed by, and on the regular payroll of, a qualified construction company;

�� (b) Has filed a withholding statement or an exemption certificate pursuant to ORS 316.182 for work performed for the qualified construction company; and

�� (c) Is available during working hours to supervise on-site dwelling construction, including but not limited to supervising the installation of:

�� (A) Drywall;

�� (B) Electrical systems;

�� (C) Footings;

�� (D) Foundations;

�� (E) Framing;

�� (F) Insulation;

�� (G) Mechanical systems;

�� (H) Plumbing systems; and

�� (I) Stairs.

�� (7) �Whole dwelling remodel� means a project that includes the installation in an existing dwelling of all of the following:

�� (a) Drywall;

�� (b) Electrical systems;

�� (c) Footings;

�� (d) Foundations;

�� (e) Framing;

�� (f) Insulation;

�� (g) Mechanical systems; and

�� (h) Plumbing systems. [2001 c.406 �1; 2003 c.675 �38; 2019 c.134 �12]

�� Note: 455.800 to 455.820 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.805 Criteria for granting of master builder status. An individual may apply to the Department of Consumer and Business Services to be tested and certified as a master builder. The department shall establish uniform criteria for use in determining whether to grant an application. The criteria must, at a minimum, provide that:

�� (1) The individual must be an owner or regular employee of a qualified construction company and be authorized by the company to provide assurance to the department that all state and local code requirements are met.

�� (2) In each of the five preceding calendar years, the individual must either have performed or supervised a dwelling construction or whole dwelling remodel. In at least two of the years, the construction or remodel must have occurred in a geographic area that had a master builder program.

�� (3) The individual must have completed a program sponsored by a local building trade committee or other program approved by the department, providing training relating to the construction of one and two family dwellings under the Low-Rise Residential Dwelling Code. A program must include but need not be limited to instruction in:

�� (a) Administration;

�� (b) Chimneys and fireplaces;

�� (c) Decay and termite protections;

�� (d) Energy conservation;

�� (e) Footings and foundations;

�� (f) Roof-ceiling construction;

�� (g) Roof coverings;

�� (h) Site inspections;

�� (i) Wall construction, assemblies and coverings; and

�� (j) Wood and metal framing.

�� (4) The individual must have scored at least 75 percent on a written examination, approved and administered by the department, covering the appropriate aspects of the Low-Rise Residential Dwelling Code.

�� (5)(a) The individual must not be the subject of an adverse final order issued by the Construction Contractors Board or Department of Consumer and Business Services based upon acts committed within 36 months preceding the application date that:

�� (A) Violated a specialty code, licensing or permit requirement; or

�� (B) Resulted in a claim being filed with the board or department against the individual.

�� (b) For purposes of this subsection, if the individual is an owner of a qualified construction company, an adverse final order issued against the company is an adverse final order issued against that individual. [2001 c.406 �2; 2003 c.675 �39]

�� Note: See note under 455.800.

�� 455.810 Certificates; fees; discipline; rules. (1) An individual seeking certification as a master builder must apply to the Department of Consumer and Business Services on the form prescribed by the department. Upon determining that the applicant meets the criteria for certification set forth in ORS 455.805, the department shall issue the certificate.

�� (2) Certification as a master builder is valid for three years unless suspended or revoked. An individual may renew a certificate that is in good standing by:

�� (a) Providing evidence of continuing education as required by department rule; and

�� (b) Paying a renewal fee established by the department by rule.

�� (3) The department may deny, refuse to renew, suspend or revoke certification as a master builder if the individual fails or ceases to meet the criteria for certification set forth in ORS 455.805 or engages in actions resulting in a waiver revocation under ORS 455.820 (3). The department must afford an individual an opportunity for a hearing pursuant to ORS chapter 183 upon a denial or refusal to renew or prior to a suspension or revocation of certification.

�� (4) The department may adopt all rules necessary and proper for administering ORS

ORS 446.230

446.230.

�� (e) Park or camp requirements adopted under ORS 455.680.

�� (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 Electrical and Elevator Board, the Residential and Manufactured 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; 2009 c.567 �16]

�� Note: 455.153 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.

�� 455.154 Alternative permit and inspection program. (1) Notwithstanding ORS 447.076, 455.627, 479.560 and

ORS 446.285

446.285, 446.310 to 446.350 and 446.395 to 446.420, the Residential and Manufactured Structures Board may approve or conduct programs of training and education that maintain and advance the professional skills and abilities of persons engaged in manufacturing, delivery, installation, sale or service of manufactured dwellings. [1987 c.604 �14; 1989 c.648 �29; 1991 c.67 �119; 1991 c.226 �11; 1993 c.744 �57; 2009 c.567 �31; 2019 c.422 �14]

TOURIST FACILITIES

�� 446.310 Definitions for ORS 446.310 to 446.350. As used in ORS 446.310 to 446.350, unless the context requires otherwise:

�� (1) �Authority� means the Oregon Health Authority.

�� (2) �Camping vehicle� means either a vacation trailer or a self-propelled vehicle or structure equipped with wheels for highway use and that is intended for human occupancy and is being used for vacation and recreational purposes, but not for residential purposes, and is equipped with plumbing, sink or toilet.

�� (3) �Construction� means work regulated by the state building code as defined in ORS 455.010.

�� (4) �Director� means the Director of the Oregon Health Authority.

�� (5) �Health official� means a local public health administrator as defined in ORS 431.003.

�� (6) �Hostel� means any establishment having beds rented or kept for rent on a daily basis to travelers for a charge or fee paid or to be paid for rental or use of facilities and that is operated, managed or maintained under the sponsorship of a nonprofit organization that holds a valid exemption from federal income taxes under the Internal Revenue Code of 1954 as amended.

�� (7) �Organizational camp� includes any area designated by the person establishing, operating, managing or maintaining the same for recreational use by groups or organizations that include but are not limited to youth camps, scout camps, summer camps, day camps, nature camps, survival camps, athletic camps, camps that are operated and maintained under the guidance, supervision or auspices of religious, public and private educational systems and community service organizations.

�� (8) �Picnic park� means any recreation park that is for day use only and provides no recreation vehicle or overnight camping spaces.

�� (9) �Recreation park� means any area designated by the person establishing, operating, managing or maintaining the same for picnicking, overnight camping or use of recreational vehicles by the general public or any segment of the public. �Recreation park� includes but is not limited to areas open to use free of charge or through payment of a tax or fee or by virtue of rental, lease, license, membership, association or common ownership and further includes, but is not limited to, those areas divided into two or more lots, parcels, units or other interests for purposes of such use.

�� (10) �Regulating agency� means, with respect to a tourist facility, the Oregon Health Authority.

�� (11) �Tourist facility� means any travelers� accommodation, hostel, picnic park, recreation park and organizational camp.

�� (12) �Travelers� accommodation� includes any establishment, which is not a hostel, having rooms, apartments or sleeping facilities rented or kept for rent on a daily or weekly basis to travelers or transients for a charge or fee paid or to be paid for rental or use of facilities. [1969 c.533 �2; 1973 c.560 �13; 1981 c.749 �27; 1983 c.707 �8; 1985 c.809 �5; 1987 c.414 �23; 1997 c.259 �1; 2001 c.900 �194; 2005 c.22 �316; 2009 c.595 �812; 2015 c.736 �91]

�� 446.315 Policy. It is the public policy of this state to encourage construction of recreation parks by public agencies and private industry to satisfy the demand for outdoor recreation while establishing standards for recreationists and landowners so that these parks are maintained in a safe and sanitary condition. [1969 c.533 �1]

�� 446.317 Delegation of landlord duties; rules. (1) As used in this section:

�� (a) �Landlord� means a tourist facility owner holding a license issued under ORS 446.320.

�� (b) �Tenant� means a person, or a public body as defined in ORS 174.109, that:

�� (A) Is not under common ownership, management or control with the landlord;

�� (B) Rents or leases all or part of a tourist facility from a landlord for the purpose of operating an organizational camp, conference or other private gathering on one or more days during the term of the rental or lease; and

�� (C) For the term of the rental or lease enjoys exclusive occupancy of the rented or leased part of the tourist facility.

�� (2) The Oregon Health Authority shall adopt rules identifying duties under ORS 446.310 to

ORS 446.310

446.310, including but not limited to plan review and inspections, if the director determines that the municipality is willing and able to carry out the rules of the director relating to such authority, responsibilities and functions. The director shall review and monitor each municipality�s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a municipality is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the director for carrying out the authority, responsibility and functions under this section.

�� (2) The director shall determine, by administrative rule, the amount of fee that the municipality may charge and retain for any function undertaken pursuant to subsection (1) of this section. The amount of the fees may not exceed the costs of administering the delegated functions. The municipality, quarterly, shall remit 15 percent of the collected fees to the director for monitoring municipal programs and for providing informational material necessary to maintain a uniform state program.

�� (3) In any action, suit or proceeding arising out of municipal administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the director, the director shall be made a party to the action, suit or proceeding. [1987 c.414 �36a; 1991 c.227 �3; 2017 c.17 �40]

�� Note: 455.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.175 Restriction on city or county refusal of building permit in residential subdivision. (1) As used in this section:

�� (a) �Conditions of development� means requirements that, as part of a residential subdivision, a developer, declarant or owner must construct public improvements that are contained in:

�� (A) A development agreement under ORS 94.504 to 94.528;

�� (B) Conditions of approval under ORS 92.040, 215.416 or 227.175; or

�� (C) Any other agreement with, or conditional approval by, a local government.

�� (b) �Residential subdivision� means a residential development requiring a developer, declarant or owner to subdivide land, as defined in ORS 92.010, and to obtain a permit under ORS 215.416 or 227.175.

�� (c) �Substantial completion� means the city, county or other appropriate public body has inspected, tested and found acceptable under applicable code requirements, unless the parties agree to a lower standard:

�� (A) The water supply system;

�� (B) The fire hydrant system;

�� (C) The sewage disposal system;

�� (D) The storm water drainage system, excepting any landscaping requirements that are part of the system;

�� (E) The curbs;

�� (F) The demarcating of street signs acceptable for emergency responders; and

�� (G) The roads necessary for access by emergency vehicles.

�� (2) A city or county may not deny a building permit allowing the construction of residential dwellings under a residential subdivision on the basis that the conditions of development have not been met, if:

�� (a) Substantial completion of conditions of development for the residential subdivision occurs; and

�� (b) The developer, declarant or owner, to secure the completion of the remaining public improvements included as conditions of development for the residential subdivision:

�� (A) Obtains and maintains a bond; or

�� (B) Undertakes an alternative form of financial guarantee, if any, that is acceptable to, but may not be required by, the city or county.

�� (3) Subsection (2) of this section does not prevent a city or county from declining to issue certificates of occupancy for any residential dwellings if all conditions of development are not fully completed or the conditions for the release of the bond are not fulfilled. [2019 c.397 �1]

�� Note: 455.175 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.180 Restriction on city or county refusal to issue building permit. (1) A city or county shall not refuse to issue or otherwise deny a building permit, development permit, plumbing permit, electrical permit or other similar permit to any person applying for the permit solely because the applicant has contracted for the performance of services by a contractor, subcontractor, supplier or other person who is subject to the business license tax of the city or county and has failed to pay the tax when due.

�� (2) As used in this section, �business license tax� has the meaning given that term in ORS

ORS 446.420

446.420, 479.510 to 479.945, 479.995 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693 or any rule adopted under those statutes if the director determines after a hearing conducted under ORS 183.413 to 183.497 that:

�� (a) All of the requirements of this section and ORS 455.775 and 455.895 were met; and

�� (b) The municipality did not comply with the corrective action required. [1991 c.792 ��2,6; 1995 c.79 �230; 2001 c.411 �19; 2013 c.324 �9; 2024 c.110 �66]

�� 455.775 Enforcement authority of director; investigations; corrective actions; prevention or termination of violation. In addition to any other authority and power granted under this chapter and ORS chapters 446, 447, 460, 479, 480 and 693:

�� (1) The Director of the Department of Consumer and Business Services may, at the discretion of the director, enforce the provisions of the state building code and ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950,

ORS 446.661

446.661 to 446.756, or education and training programs pertaining thereto, must be assigned to a single account within the fund.

�� (9) Notwithstanding subsections (2), (3) and (5) of this section, the moneys derived pursuant to ORS 455.240 or 460.370 or from state building code or specialty code program fees for which the amount is established by department rule pursuant to ORS 455.020 (2) and deposited to the fund, interest earned on those moneys and withdrawals of moneys for activities or programs described under ORS 455.240 or 446.566 to 446.646, 446.661 to 446.756 and 460.310 to

ORS 446.746

446.746, 479.510 to 479.945 or 480.510 to 480.670, this chapter or ORS chapter 447, 460 or 693 regarding:

�� (a) Licenses, registrations and other authorizations; or

�� (b) The construction, reconstruction, renovation, alteration or repair of structures.

�� (2) Subject to the approval of the Director of the Department of Consumer and Business Services or the affected advisory board, the department or advisory board may enter into an agreement with the Construction Contractors Board under this section regarding performance of advisory board duties by the Construction Contractors Board. An agreement described in this subsection is considered for purposes of this section to be an agreement between the department and the Construction Contractors Board.

�� (3) An interagency agreement under this section may provide for the board to perform all or part of the duties described in the agreement within one or more municipalities, geographic areas described in agreements under ORS 455.185 or state building code administrative regions established as provided under ORS

ORS 447.040

447.040, 693.030 and 693.040 and to issue notices of proposed assessment of civil penalties for those violations.

�� (b) A municipality that establishes a building inspection program under ORS 455.148 or an electrical inspection program under ORS 455.150 covering installations under the electrical specialty code or Low-Rise Residential Dwelling Code may act on behalf of the Electrical and Elevator Board to investigate violations of and enforce ORS 479.550 (1) and 479.620 and to issue notices of proposed assessment of civil penalties for those violations.

�� (c) A municipality that establishes a building inspection program under ORS 455.148 or 455.150 may investigate violations and enforce any provisions of the program administered by the municipality.

�� (3) The department shall establish:

�� (a) Procedures, forms and standards to carry out the provisions of this section, including but not limited to creating preprinted notices of proposed assessment of penalties that can be completed and served by municipal inspectors;

�� (b) A program to provide that all of the moneys recovered by the department, less collection expenses, be paid to the municipality that initiated the charges when a person charged with a violation as provided in subsection (2) of this section, other than a violation of a licensing requirement, agrees to the entry of an assessment of civil penalty or does not request a hearing, and an order assessing a penalty is entered against the person;

�� (c) A uniform citation process to be used in all jurisdictions of the state for violation of a licensing requirement. The process may include but need not be limited to all program areas administered by a municipality under ORS 455.148 or 455.150 and may provide a uniform method for checking license status and issuing citations for violation of a licensing requirement, and a consistent basis for enforcement of licensing requirements and treatment of violations, including fine amounts;

�� (d) A program to provide a division of the moneys recovered by the department with the municipality that initiated the charges, when a person charged with a violation as provided in subsection (2) of this section, other than a violation of a licensing requirement, requests a hearing and is assessed a penalty. One-half of the amounts recovered shall be paid to the municipality. The department shall keep an amount equal to its costs of processing the proceeding and collection expenses out of the remaining one-half and remit the balance, if any, to the municipality; and

�� (e) A program to require municipalities to investigate violations of the department�s permit requirements for plumbing installations and services under the plumbing specialty code and for plumbing and electrical installations and services under the Low-Rise Residential Dwelling Code, and to:

�� (A) Initiate notices of proposed assessment of civil penalties as agents of the boards designated in subsection (2) of this section; and

�� (B) Pay the agents of the boards out of net civil penalty recoveries as if the recoveries were under paragraphs (b) and (d) of this subsection.

�� (4) The assessment of a civil penalty under this section by a municipality is subject to the amount limitations set forth in ORS 455.895.

�� (5)(a) It shall be a defense for any person charged with a penalty for violation of a building inspection program permit requirement covering plumbing installations under the plumbing specialty code, electrical permit requirements under ORS 479.550 or plumbing or electrical requirements under the Low-Rise Residential Dwelling Code that the person was previously penalized for the same occurrence.

�� (b) A building inspection program permit requirement is a requirement contained in a specialty code or municipal ordinance or rule requiring a permit before the particular installations covered by the codes are commenced.

�� (c) A penalty for the same occurrence includes a combination of two or more of the following that are based on the same plumbing or electrical installation:

�� (A)(i) An investigative or other fee added to an electrical permit fee when a permit was obtained after the electrical installation was started;

�� (ii) A civil penalty pursuant to ORS 479.995 for violation of ORS 479.550 for failure to obtain an electrical permit;

�� (iii) A civil penalty pursuant to ORS 455.895 for failure to obtain an electrical permit under the Low-Rise Residential Dwelling Code; or

�� (iv) A municipal penalty, other than an investigative fee, for making an electrical installation under the electrical specialty code or Low-Rise Residential Dwelling Code without a permit; or

�� (B)(i) An investigative or other fee added to a plumbing permit fee when a permit was obtained after the plumbing installation was started;

�� (ii) A civil penalty pursuant to ORS 447.992 for failure to obtain a plumbing permit as required under the plumbing specialty code;

�� (iii) A civil penalty pursuant to ORS 455.895 for failure to obtain a plumbing permit under the Low-Rise Residential Dwelling Code; or

�� (iv) A municipal penalty, other than an investigative fee, for making a plumbing installation under the plumbing specialty code or Low-Rise Residential Dwelling Code without a permit. [1995 c.553 �12; 2001 c.411 �18; 2001 c.573 �6a; 2003 c.675 �24; 2005 c.758 �20; 2019 c.401 ��5,12]

�� Note: 455.156 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.

�� 455.157 Process for municipal imposition of monetary penalties. (1) The Legislative Assembly finds and declares that enforcement of the state building code in a fair, equitable and uniform manner throughout this state is a matter of state concern.

�� (2) If a municipality administers a building inspection program under ORS 455.148 or

ORS 447.076

447.076;

�� (b) Develop standard application forms and procedures for use by municipalities in Clackamas, Multnomah and Washington Counties when issuing structural, mechanical, electrical, plumbing and other permits when those permits do not require a review of building plans;

�� (c) Develop standard application forms and procedures for issuing building permits and recording inspections;

�� (d) Develop standard forms and procedures for reviewing building plans;

�� (e) Establish standardized criteria and methodology for determining fee amounts for permits that are required under the state building code established under ORS 455.030;

�� (f) Maintain and make available to the public the names of persons certified to review building plans;

�� (g) Maintain and make available to the public the names of persons certified to perform technical inspections; and

�� (h) Administer prepaid building permit cost accounts.

�� (2) The department may use the resources of the Tri-County Building Industry Service Center to:

�� (a) Assist local building officials in the administration and enforcement of the state building code; and

�� (b) Establish a process to facilitate the consistent application of the state building code throughout the state. [Formerly 455.844]

�� Note: See note under 455.044.

�� 455.048 Rules. In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services may adopt rules necessary for the implementation of ORS

ORS 447.154

447.154 and subsection (3) of this section, no person shall offer to sell, sell or dispose of, by gift or otherwise, in connection with the person�s business an uncertified plumbing product.

�� (2) The provisions of ORS 447.152, 447.154 and 447.156 do not apply to products determined by rule not to be plumbing products.

�� (3) In addition to any other remedy provided by law, any person who purchases a plumbing product sold or disposed of in violation of ORS 447.152 may recover from a person violating subsections (1) and (2) of this section an amount equal to the purchase price of the plumbing product if the purchaser returns the plumbing product within 90 days from the date of purchase. [1993 c.396 ��2,5]

�� 447.160 [1981 c.438 �44; 1999 c.846 �1; repealed by 2001 c.411 �31]

STANDARDS AND SPECIFICATIONS FOR ACCESS BY PERSONS WITH DISABILITIES

�� 447.210 Definitions for ORS 447.210 to 447.280. As used in ORS 447.210 to 447.280, unless the context requires otherwise:

�� (1) �Affected buildings� includes any place of public accommodations and commercial facilities designed, constructed and altered in compliance with the accessibility standards established by the Americans with Disabilities Act. �Affected buildings� also includes any government building that is subject to Title II of the Americans with Disabilities Act. �Affected buildings� also includes private entities, private membership clubs and churches that have more than one floor level and more than 4,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building.

�� (2) �Americans with Disabilities Act� means the Americans with Disabilities Act of 1990 found at 42 U.S.C. section 12101 et seq.

�� (3) �Architectural barriers� are physical design features that restrict the full use of affected buildings and their related facilities by persons with disabilities.

�� (4) �Commercial facilities� includes nonresidential facilities, such as office buildings, factories and warehouses, whose operations affect commerce.

�� (5) �Covered multifamily dwellings� means buildings consisting of four or more dwelling units if such buildings have one or more elevators, and ground floor dwelling units in other buildings consisting of four or more dwelling units. Dwelling units within a single structure separated by firewalls do not constitute separate buildings.

�� (6) �Department� means the Department of Consumer and Business Services.

�� (7) �Director� means the Director of the Department of Consumer and Business Services.

�� (8) �Fair Housing Act� means the Fair Housing Act of 1968, as amended in 1988, found at 42 U.S.C. section 3604 et seq.

�� (9) �Municipality� means a city, county or other unit of local government otherwise authorized by law to enact building codes.

�� (10) �Private entities� means privately owned entities offering examinations or courses related to applications, licensing, certification or credentials for secondary or post-secondary education, professional or trade purposes.

�� (11) �Public accommodations� means a facility whose operations affect commerce and fall within at least one of the following categories:

�� (a) Places of lodging not including owner-occupied establishments renting fewer than six rooms;

�� (b) Establishments serving food or drink;

�� (c) Places of exhibition or entertainment;

�� (d) Places of public gathering;

�� (e) Sales or rental establishments;

�� (f) Service establishments;

�� (g) Public transportation terminals, depots or stations;

�� (h) Places of public display or collection;

�� (i) Places of recreation;

�� (j) Places of education;

�� (k) Social service center establishments; and

�� (L) Places of exercise or recreation.

�� (12) �Related facilities� means building site improvements including, but not limited to, parking lots, passageways, roads, clustered mailboxes located either on the site or in an adjacent public right of way or any other real or personal property located on the site.

�� (13) �Structural code� means the specialty code defined in ORS 455.010. [1971 c.230 �2; 1973 c.539 �1; 1975 c.675 �35; 1979 c.133 �1; 1987 c.414 �27; 1987 c.604 �12; 1989 c.224 �109; 1991 c.67 �122; 1993 c.503 �1; 1993 c.744 �74; 1995 c.307 �1; 2011 c.488 �1]

�� 447.220 Purpose. It is the purpose of ORS 447.210 to 447.280 to make affected buildings, including but not limited to commercial facilities, public accommodations, private entities, private membership clubs and churches, in the state accessible to and usable by persons with disabilities, as provided in the Americans with Disabilities Act, and to make covered multifamily dwellings in the state accessible to and usable by all persons with disabilities, as provided in the Fair Housing Act. In requiring that buildings and facilities be usable by persons with disabilities, it is not the intention of the Legislative Assembly to require that items of personal convenience such as rest rooms, telephones and drinking fountains be provided for members of the public who have disabilities if they are not otherwise provided for members of the public who do not have disabilities. However, pursuant to the Americans with Disabilities Act, the Director of the Department of Consumer and Business Services may provide greater protection to individuals with disabilities by adopting more stringent standards than prescribed by the Americans with Disabilities Act. [1971 c.320 �1; 1973 c.539 �2; 1979 c.133 �2; 1989 c.224 �110; 1993 c.503 �2]

�� 447.230 Standards and specifications to eliminate architectural barriers. (1) The Director of the Department of Consumer and Business Services shall, pursuant to ORS 455.030 and ORS chapter 183, establish standards and specifications in the structural code necessary to eliminate architectural barriers to entry to and use of affected buildings and their related facilities by persons who have disabilities.

�� (2) The director shall, to assist in the identification of architectural barriers and in the development of the standards and specifications referred to in subsection (1) of this section, be assisted by the Oregon Disabilities Commission or its designee. [1971 c.320 �3; 1973 c.539 �3; 1979 c.133 �3; 1983 c.740 �169; 1987 c.414 �27b; 1987 c.672 �1; 1989 c.224 �111; 1989 c.703 �1; 1993 c.503 �3; 1993 c.744 �75a]

�� 447.231 Rules to eliminate architectural barriers. Notwithstanding any other provision of law and the authority of any board within the Department of Consumer and Business Services, the Director of the Department of Consumer and Business Services shall adopt rules to conform the state building code to the Americans with Disabilities Act and the Fair Housing Act and the regulations adopted thereunder. In addition, the director shall adopt rules to conform the state building code to the provisions of ORS 447.210 to 447.280, to the extent to which any statute is stricter than the Americans with Disabilities Act or the Fair Housing Act. [1991 c.691 �2; 1993 c.503 �4; 2003 c.14 �269]

�� 447.233 Accessible parking space requirements; inspection of spaces; violation. (1) The Director of the Department of Consumer and Business Services shall include in the state building code, as defined in ORS 455.010, a requirement that the number of accessible parking spaces specified in subsection (2) of this section be provided for affected buildings subject to the state building code and that the spaces be signed as required by subsection (2) of this section. Spaces may also be marked in a manner specified in the state building code.

�� (2)(a) The number of accessible parking spaces shall be:

�� Required�� Required

�� Required�� Minimum Number�� Minimum Number of

�� Total Parking�� Minimum Number of�� of Van�� Wheelchair User

�� In Lot� �� Accessible Spaces�� Accessible Spaces�� Only� Spaces

�� 1�� to�� 25�� 1�� 1�� -

�� 26�� to�� 50�� 2�� 1�� -

�� 51�� to�� 75�� 3�� 1�� -

�� 76�� to�� 100�� 4�� 1�� -

�� 101�� to�� 150�� 5�� -�� 1

�� 151�� to�� 200�� 6�� -�� 1

�� 201�� to�� 300�� 7�� -�� 1

�� 301�� to�� 400�� 8�� -�� 1

�� 401�� to�� 500�� 9�� -�� 2

�� 501�� to�� 1,000�� 2% of total�� -�� 1 in every 8

�� accessible spaces or

�� portion thereof

�� 1,001�� and�� over�� 20 plus 1 for each�� -�� 1 in every 8

�� 100 over 1,000�� accessible spaces or

�� portion thereof

�� (b) In addition, one in every eight accessible spaces, but not less than one, shall be van accessible. Where five or more parking spaces are designated accessible, any space that is designated as van accessible shall be reserved for wheelchair users. A van accessible parking space shall be at least nine feet wide and shall have an adjacent access aisle that is at least eight feet wide.

�� (c) Accessible parking spaces shall be at least nine feet wide and shall have an adjacent access aisle that is at least six feet wide.

�� (d) The access aisle shall be located on the passenger side of the parking space except that two adjacent accessible parking spaces may share a common access aisle.

�� (e) A sign shall be posted for each accessible parking space. The sign shall be clearly visible to a person parking in the space, shall be marked with the International Symbol of Access and shall indicate that the spaces are reserved for persons with disabled person parking permits. A van accessible parking space shall have an additional sign marked �Van Accessible� mounted below the sign. A van accessible parking space reserved for wheelchair users shall have a sign that includes the words �Wheelchair User Only.�

�� (f) Accessible parking spaces and signs shall be designed in compliance with the standards set forth by the Oregon Transportation Commission in consultation with the Oregon Disabilities Commission.

�� (3) No ramp or obstacle may extend into the parking space or the aisle, and curb cuts and ramps may not be situated in such a way that they could be blocked by a legally parked vehicle.

�� (4) Parking spaces required by this section shall be maintained so as to meet the requirements of this section at all times and to meet the standards established by the state building code.

�� (5) The director is authorized to inspect parking spaces and facilities and buildings subject to the provisions of this section, and to do whatever is necessary to enforce the requirements, including the maintenance requirements, of this section. Municipalities and counties may administer and enforce the requirements of this section in the manner provided under ORS 455.148 or 455.150 for administration and enforcement of specialty codes. All plans for parking spaces subject to the provisions of this section must be approved by the director prior to the creation of the spaces.

�� (6) Requirements adopted under this section do not apply to long-term parking facilities at the Portland International Airport.

�� (7) Any reported violation of this section shall be investigated by the administrative authority. The administrative authority shall make a final decision and order correction, if necessary, within 30 days of notification. Any aggrieved person may appeal within 30 days of the decision by the administrative authority to the appropriate municipal appeals board or, at the option of the local jurisdiction, directly to the Building Codes Structures Board established under ORS 455.132. The appeal shall be acted upon within 60 days of filing. The decision of the municipal appeals board may be appealed to the board. The board shall act on the appeal within 60 days of filing. All appeals to the board shall be filed in accordance with ORS 455.690. [1979 c.809 �2; 1981 c.275 �1; 1983 c.338 �930; 1987 c.187 �1; 1989 c.243 �15; 1991 c.741 �6; 1993 c.503 �8; 1993 c.744 �77; 2001 c.573 �5; 2007 c.468 �1]

�� 447.235 [1973 c.539 �11; 1989 c.224 �112; repealed by 1993 c.503 �14]

�� 447.240 [1971 c.320 �4; 1973 c.539 �4; 1973 c.540 �1; 1974 c.36 �14; 1989 c.224 �113; repealed by 1993 c.503 �14]

�� 447.241 Standards for renovating, altering or modifying certain buildings; barrier removal improvement plan. (1) Every project for renovation, alteration or modification to affected buildings and related facilities that affects or could affect the usability of or access to an area containing a primary function shall be made to insure that, to the maximum extent feasible, the paths of travel to the altered area and the rest rooms, telephones and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope.

�� (2) Alterations made to the path of travel to an altered area may be deemed disproportionate to the overall alteration when the cost exceeds 25 percent of the alteration to the primary function area.

�� (3) If the cost of alterations to make the paths of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the paths of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.

�� (4) In choosing which accessible elements to provide under this section, priority shall be given to those elements that will provide the greatest access. Elements shall be provided in the following order:

�� (a) Parking;

�� (b) An accessible entrance;

�� (c) An accessible route to the altered area;

�� (d) At least one accessible rest room for each sex or a single unisex rest room;

�� (e) Accessible telephones;

�� (f) Accessible drinking fountains; and

�� (g) When possible, additional accessible elements such as storage and alarms.

�� (5) A series of small alterations to an area served by a single path of travel does not satisfy the obligation to provide an accessible path of travel created under subsection (1) of this section.

�� (6) If an area containing a primary function has been altered without providing an accessible path of travel to the area and subsequent alterations affecting the same path of travel are undertaken within three years of the original alteration, the total cost of the alterations to the primary function area on the path of travel during the preceding three-year period shall be considered in determining whether the cost of making the path of travel accessible is disproportionate.

�� (7)(a) A barrier removal improvement plan may satisfy the requirements of subsection (1) of this section. The plan shall require an equivalent or greater level of barrier removal than required by subsection (1) of this section.

�� (b) The barrier removal improvement plan shall include:

�� (A) A letter of participation from the building owner;

�� (B) A building survey that identifies existing architectural barriers;

�� (C) An improvement plan and time schedule for removal of architectural barriers; and

�� (D) An implementation agreement.

�� (c) The barrier removal improvement plan may be reviewed and accepted through the waiver process under ORS 447.250. The plan shall be reviewed upon completion or every three years for compliance with the requirements of this section.

�� (8) For purposes of this section, �primary function� is a major activity for which the facility is intended. [1993 c.503 �7]

�� 447.243 [1973 c.539 �6; 1989 c.224 �114; repealed by 1993 c.503 �14]

�� 447.245 [1973 c.539 �17; 1973 c.540 �3; repealed by 1993 c.503 �14]

�� 447.247 Elevators required; criteria; rules. (1) Elevators are required:

�� (a) In all shopping centers, shopping malls, professional offices of health care providers and government buildings that are covered by Title II of the Americans with Disabilities Act;

�� (b) In all other commercial facilities, private entities and places of public accommodation covered by Title III of the Americans with Disabilities Act that have more than one floor level and more than 3,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building; and

�� (c) In all private membership clubs and churches that have more than one floor level and more than 4,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building.

�� (2) The Department of Consumer and Business Services may by rule create exceptions to the requirements of this section if this section would require an elevator in a building that would not be required to have an elevator under the provisions of the Americans with Disabilities Act or the Fair Housing Act. [1993 c.503 �6; 1995 c.307 �2]

�� 447.250 Waiver or modification of standards and specifications; appeals board; procedures; fees. (1) When a person or governmental entity undertaking the construction, renovation, alteration or modification of an affected building or its related facilities determines that a particular standard or specification exceeds the standards or specifications imposed by the Americans with Disabilities Act and the Fair Housing Act, and that full compliance with the standard or specification is impractical in that it would defeat the purpose of the project proposed or in process, it may apply to the appeals board having jurisdiction over the project for a waiver or modification of such standard or specification, setting forth the reasons for its determination and a proposal for the work complying with the particular standard or specification to the maximum extent that it considers practical.

�� (2)(a) For projects involving a state correctional facility as defined in ORS 421.005 (2), or a local correctional facility, as defined in ORS 169.005, the appeals board referred to in subsection (1) of this section is the Building Codes Structures Board established under ORS 455.132.

�� (b) For all other projects, the appeals board referred to in subsection (1) of this section is the appeals board established under ORS 455.020 (4) by the municipality having jurisdiction over the project.

�� (3) The appeals board shall thereupon investigate the application. The board in its investigation shall be required to seek the advice of the Oregon Disabilities Commission or its designee in dealing with architectural barrier waivers. If the appeals board finds that the proposal submitted with the application would constitute a substantial compliance with, or an acceptable alternative to, the particular standard or specification in view of the objectives of ORS 447.210 to 447.280, the waiver shall be granted. If the board finds otherwise, the application shall be promptly denied with notice to the requesting person or governmental entity of the denial.

�� (4) The findings of the appeals board shall include the estimated building costs and the additional cost of construction to conform to the requirements of ORS 447.210 to 447.280 over the cost of a nonconforming feature or any other special reason or circumstance that, in the judgment of the board, justifies the decision.

�� (5) Any person aggrieved by the final decision of an appeals board may within 30 days of the decision appeal to the Director of the Department of Consumer and Business Services. In the case where no appeals board has been created the director shall have original jurisdiction of an application for a waiver. The applicant for a waiver or an appeal shall submit a fee of $20 payable to the director with the request for waiver or appeal. In determining an appeal or an original application, the procedures and standards of subsections (1) to (4) of this section shall apply to the director. [1971 c.320 �5; 1973 c.539 �7; 1979 c.133 �4; 1987 c.672 �3; 1989 c.224 �115; 1989 c.703 �2; 1993 c.744 �78; 1995 c.307 �3; 2001 c.517 �6]

�� 447.255 Access to lottery-funded facilities by persons with disabilities. (1) It is the intent of the Legislative Assembly that any affected buildings, the construction costs of which are paid for in whole or in part by lottery funds, shall be accessible to and usable by persons with disabilities in the manner prescribed in ORS 447.210 to 447.280.

�� (2) Promotional and marketing programs described by this section shall promote and identify lottery-funded facilities as accessible to and usable by persons with disabilities whenever appropriate. [1989 c.909 �49; formerly 461.730; 1993 c.503 �9; 2005 c.835 �29]

�� 447.260 Rules. (1) The Director of the Department of Consumer and Business Services may promulgate rules reasonably necessary to implement and enforce ORS 447.210 to 447.280 as part of the structural code including, but not limited to, rules authorizing the director to waive or modify any standards and specifications with respect to work on affected buildings and their related facilities where the director determines, with respect to emergency or temporary construction, that compliance with such standards or specifications would not be necessary to fulfill the objectives of ORS 447.210 to 447.280 or would be impractical.

�� (2) The Director of the Department of Consumer and Business Services shall by rule establish criteria for determining the lowest flooring of a building for the purposes of the definition of �affected buildings� provided by ORS 447.210 and for the purposes of ORS 447.247. [1971 c.320 �6; 1973 c.539 �8; 1979 c.133 �5; 1993 c.503 �10; 1993 c.744 �76; 1995 c.307 �4]

�� 447.270 Cooperation with public officials and agencies required. The Director of the Department of Consumer and Business Services or the designated representative of the director shall cooperate with and receive the assistance of all persons, all appropriate elective or appointive public officials and all state or governmental agencies in carrying out the responsibilities of the director under ORS 447.210 to

ORS 447.280

447.280. [1971 c.320 �7; 1973 c.539 �9]

�� 447.275 Nonliability for emergency exit deficiencies. Architects, engineers or other persons designing buildings; contractors and other persons erecting buildings; building officials, plans examiners, inspectors, the Director of the Department of Consumer and Business Services, the State Fire Marshal, State Fire Marshal deputies, municipal fire marshals or municipal deputies inspecting buildings; or a municipal appeals board shall be relieved of any personal or financial liability from persons suffering injury or death or those persons� heirs as the result of exiting deficiencies during emergencies resulting from access for persons with disabilities required by ORS 447.210 to 447.280 or standards adopted under them. [1979 c.133 �8; 1989 c.224 �116; 1991 c.67 �123]

�� 447.280 Enforcement powers. The provisions of ORS 447.210 to 447.280 and rules adopted under them shall be considered part of the state building code and violations shall be subject to the provisions of ORS 455.450. [1971 c.320 �8; 1973 c.539 �10; 1979 c.133 �6]

�� 447.310 Standards for curbing. (1) The standard for construction of curbs on each side of any city street, county road or state highway, or any connecting street, road or highway for which curbs and sidewalks have been prescribed by the governing body of the city or county or Department of Transportation having jurisdiction thereover, shall require not less than two curb cuts or ramps per lineal block to be located on or near the crosswalks at intersections. Each curb cut or ramp shall be at least 48 inches wide, where possible, and a minimum of 36 inches wide where a 48-inch width will not fit, at a slope not to exceed one-inch rise per 12-inch run. If a slope of 1:12 will not fit, a slope between 1:10 and 1:12 is allowed for a maximum rise of six inches and a slope between 1:8 and 1:10 is allowed for a maximum rise of three inches. In no case shall the slope exceed 1:8.

�� (2) Standards set for curb cuts and ramps under subsection (1) of this section shall apply whenever a curb or sidewalk is constructed or replaced at any point in a block which gives reasonable access to a crosswalk. [1973 c.176 �1; 1975 c.468 �1; 1989 c.224 �117; 1993 c.503 �13]

�� 447.610 [1957 c.278 �1; repealed by 1979 c.57 �3]

�� 447.620 [1957 c.278 ��2,13,22; repealed by 1979 c.57 �3]

�� 447.630 [1957 c.278 �3; repealed by 1979 c.57 �3]

�� 447.640 [1957 c.278 �4; repealed by 1979 c.57 �3]

�� 447.650 [1957 c.278 �6; repealed by 1979 c.57 �3]

�� 447.660 [1957 c.278 ��5,7,9,10; repealed by 1979 c.57 �3]

�� 447.670 [1957 c.278 �8; repealed by 1979 c.57 �3]

�� 447.680 [1957 c.278 ��11,12; repealed by 1979 c.57 �3]

�� 447.690 [1957 c.278 ��14,15,16; repealed by 1979 c.57 �3]

�� 447.700 [1957 c.278 ��17,18; repealed by 1979 c.57 �3]

�� 447.710 [1957 c.278 �19; repealed by 1979 c.57 �3]

�� 447.720 [1957 c.278 �17; repealed by 1979 c.57 �3]

�� 447.730 [1957 c.278 �20; repealed by 1979 c.57 �3]

�� 447.800 [1975 c.677 �1; 1977 c.58 �1; 1981 s.s. c.10 �1; 1983 c.42 �1; renumbered 284.800 in 1987]

�� 447.805 [1975 c.677 �2; 1981 c.754 �1; renumbered 284.805 in 1987]

�� 447.810 [1975 c.677 �2a; renumbered

ORS 448.255

448.255 or three percent, whichever is lower. [1981 c.749 �10; 1989 c.833 �51; 1989 c.946 �1; 1997 c.249 �149; 2005 c.696 �1; 2007 c.447 �1; 2009 c.595 �844; 2015 c.736 �94; 2019 c.509 �1; 2025 c.605 �23]

�� 448.153 State Drinking Water Advisory Committee; rules. (1) The State Drinking Water Advisory Committee is created to advise and assist the Oregon Health Authority on policies related to the protection, safety and regulation of public drinking water in Oregon.

�� (2) The committee created under this section shall consist of 15 members appointed by the Public Health Officer. The officer shall make the appointments after considering nominees from:

�� (a) Public water systems of cities with a population greater than 100,000;

�� (b) Privately owned water systems;

�� (c) Environmental advocacy groups;

�� (d) The American Council of Engineering Companies of Oregon;

�� (e) The Conference of Local Health Officials created by ORS 431.330;

�� (f) The League of Oregon Cities;

�� (g) The League of Women Voters of Oregon;

�� (h) The Oregon Association of Water Utilities;

�� (i) The Oregon Environmental Health Association;

�� (j) The Oregon Environmental Laboratory Association;

�� (k) The Pacific Northwest Section of the American Water Works Association;

�� (L) The Special Districts Association of Oregon;

�� (m) Organizations representing plumbers or backflow testers;

�� (n) Water consumers; and

�� (o) Watershed councils.

�� (3) The committee shall adopt rules to govern its proceedings and shall select a chair and any other officers it considers necessary.

�� (4) The members shall be appointed to serve for terms of three years. A vacancy on the committee shall be filled by appointment by the Public Health Officer for the unexpired term.

�� (5) The committee shall meet regularly four times a year at times and places fixed by the chair of the committee. The committee may meet at other times specified by the chair or a majority of the members of the committee.

�� (6) The Oregon Health Authority shall provide assistance and space for meetings as requested by the chair of the committee.

�� (7) Members of the committee shall be entitled to actual and necessary expenses as provided by ORS 292.495 (2). [2007 c.572 �1; 2009 c.595 �845]

�� Note: 448.153 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 448 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 448.155 Technical assistance and training; public information. The Oregon Health Authority:

�� (1) May provide technical assistance and organize, coordinate and conduct training for water system personnel.

�� (2) Shall conduct a program designed to stimulate public participation in matters relating to water systems through public presentations, dissemination of informational materials and other similar efforts. [1981 c.749 �11; 2009 c.595 �846]

�� 448.157 Harmful algal blooms; legislative findings. (1) The Legislative Assembly finds and declares harmful algal blooms to be a threat to safe drinking water supplies and a menace to public health and welfare.

�� (2) The Oregon Health Authority, in coordination with the Department of Environmental Quality as further provided for in ORS 468B.600, shall:

�� (a) Determine and identify drinking water sources that are susceptible to harmful algal blooms or that are downstream of or influenced by water bodies that are susceptible to harmful algal blooms.

�� (b) Develop a system for the regular monitoring and testing of drinking water sources determined to be susceptible to harmful algal blooms or that are downstream of or influenced by water bodies that are susceptible to harmful algal blooms.

�� (c) Prioritize monitoring of water bodies that are susceptible to harmful algal blooms and that are:

�� (A) Sources of domestic or municipal drinking water; or

�� (B) Bodies of water accessed by the public for recreational use.

�� (d) Develop a protocol for issuing hazard advisory alerts to the public in the occurrence of a harmful algal bloom. [2023 c.442 �83]

�� 448.160 Emergency plans. (1) The Oregon Health Authority shall maintain a plan outlining actions to be taken by the authority during emergencies relating to water systems.

�� (2) The authority may require that a water supplier compile an emergency plan if it appears necessary to the Director of the Oregon Health Authority. [1981 c.749 �12; 2009 c.595 �847]

�� 448.165 Local government water service plans. (1) Counties may develop water service plans. These plans should encourage small water systems to combine management functions and to consolidate where possible. Water service plans must be in keeping with county land use plans.

�� (2) Cities or counties, whichever have authority to issue building permits, must certify that the Oregon Health Authority has approved the construction and installation plans of a proposed water system development and the development plan does not violate city or county water service plans before issuing a building permit.

�� (3) Counties or boundary commissions are authorized to approve the formation, consolidation and expansion of water systems not owned by cities in keeping with county and city plans. In doing so, counties or boundary commissions should consider whether water service is extended in a logical fashion and water systems have a financial base sufficient for operation and maintenance. [1981 c.749 �13; 2009 c.595 �848]

�� 448.170 Agreement to authorize local public health authority to exercise duties; suits involving validity of administrative rule. (1) The Oregon Health Authority may enter into an agreement with a local public health authority, as defined in ORS 431.003, under which the local public health authority performs the duties of the Oregon Health Authority under the Oregon Drinking Water Quality Act. The duration of the agreement, the duties to be performed and the remuneration to be paid by the Oregon Health Authority are subject to agreement by the Oregon Health Authority and the local public health authority.

�� (2) In any action, suit or proceeding arising out of a local public health authority�s administration of functions pursuant to ORS 446.310, 448.030, 448.115 to

ORS 448.279

448.279.

�� (g) A person that for compensation arranges, undertakes, offers to undertake or submits a bid to clean or service chimneys.

�� (h) A person that arranges for, undertakes, offers to undertake or submits a bid for the performance of restoration work as defined in ORS 701.540.

�� (6) �Developer� means a contractor that owns property or an interest in property and engages in the business of arranging for construction work or performing other activities associated with the improvement of real property, with the intent to sell the property.

�� (7)(a) �General contractor� means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board.

�� (b) �General contractor� does not mean a specialty contractor or a residential limited contractor.

�� (8)(a) �Home improvement� means a renovation, remodel, repair or alteration by a residential contractor to an existing owner-occupied:

�� (A) Residence that is a site-built home;

�� (B) Condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (C) Modular home constructed off-site;

�� (D) Manufactured dwelling; or

�� (E) Floating home, as defined in ORS 830.700.

�� (b) �Home improvement� does not include a renovation, remodel, repair or alteration by a residential contractor:

�� (A) To a structure that contains one or more dwelling units and is four stories or less above grade; or

�� (B) That the residential contractor performed in the course of constructing a new residential structure.

�� (9)(a) �Home inspector� means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure.

�� (b) �Home inspector� does not include persons certified under ORS chapter 455 to inspect new, repaired or altered structures for compliance with the state building code.

�� (10) �Key employee� means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson or lead person or any other employee the board identifies by rule.

�� (11) �Large commercial structure� means a structure that is not a residential structure or small commercial structure.

�� (12) �Officer� means any of the following persons:

�� (a) A president, vice president, secretary, treasurer or director of a corporation.

�� (b) A general partner in a limited partnership.

�� (c) A manager in a manager-managed limited liability company.

�� (d) A member of a member-managed limited liability company.

�� (e) A trustee.

�� (f) A person the board defines by rule as an officer. The definition of officer adopted by board rule may include persons not listed in this subsection who may exercise substantial control over a business.

�� (13) �PEO relationship� has the meaning given that term in ORS 656.849.

�� (14) �Professional employer organization� has the meaning given that term in ORS 656.849.

�� (15) �Residential contractor� means a licensed contractor that holds an endorsement as a:

�� (a) Residential general contractor;

�� (b) Residential specialty contractor;

�� (c) Residential limited contractor;

�� (d) Residential developer;

�� (e) Residential locksmith services contractor;

�� (f) Residential restoration contractor;

�� (g) Home inspector services contractor;

�� (h) Home services contractor; or

�� (i) Home energy performance score contractor.

�� (16) �Residential developer� means a developer of property that is zoned for or intended for use compatible with a residential or small commercial structure.

�� (17)(a) �Residential structure� means:

�� (A) A residence that is a site-built home;

�� (B) A structure that contains one or more dwelling units and is four stories or less above grade;

�� (C) A condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (D) A modular home constructed off-site;

�� (E) A manufactured dwelling;

�� (F) A floating home as defined in ORS 830.700; or

�� (G) An appurtenance to a home, structure, unit or dwelling described in subparagraphs (A) to (F) of this paragraph.

�� (b) �Residential structure� does not mean:

�� (A) Subject to paragraph (a)(C) of this subsection, a structure that contains both residential and nonresidential units;

�� (B) Transient lodging;

�� (C) A residential school or residence hall;

�� (D) A state or local correctional facility;

�� (E) A youth correction facility as defined in ORS 420.005;

�� (F) A youth care center operated by a county juvenile department under administrative control of a juvenile court pursuant to ORS 420.855 to 420.885;

�� (G) A detention facility as defined in ORS 419A.004;

�� (H) A nursing home;

�� (I) A hospital; or

�� (J) A place constructed primarily for recreational activities.

�� (18) �Responsible managing individual� means an individual who:

�� (a) Is an owner described in ORS 701.094 or an employee of the business;

�� (b) Exercises management or supervisory authority, as defined by the board by rule, over the construction activities of the business; and

�� (c)(A) Successfully completed the training and testing required for licensing under ORS 701.122 within a period the board identifies by rule;

�� (B) Demonstrated experience the board requires by rule; or

�� (C) Complied with the licensing requirements of ORS 446.395.

�� (19) �Small commercial structure� means:

�� (a) A nonresidential structure that has a ground area of 10,000 square feet or less, including exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the structure;

�� (b) A nonresidential leasehold, rental unit or other unit that is part of a larger structure, if the unit has a ground area of 12,000 square feet or less, excluding exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the unit;

�� (c) A nonresidential structure of any size for which the contract price of all construction contractor work to be performed on the structure as part of a construction project does not total more than $250,000; or

�� (d) An appurtenance to a structure or unit described in paragraphs (a) to (c) of this subsection.

�� (20) �Specialty contractor� means a contractor who performs work on a structure, project, development or improvement and whose operations as such do not fall within the definition of �general contractor.� �Specialty contractor� includes a person who performs work regulated under ORS 446.395.

�� (21) �Zero-lot-line dwelling� means a single-family dwelling unit constructed in a group of attached units in which:

�� (a) Each attached unit extends from foundation to roof with open space on two sides; and

�� (b) Each dwelling unit is separated by a property line.

�� 701.007 [1989 c.928 �3; repealed by 1991 c.79 �3]

�� 701.010 Exemptions from licensure; rules. The Construction Contractors Board may adopt rules to make licensure optional for persons who offer, bid or undertake to perform work peripheral to construction, as defined by administrative rule of the board. The following persons are exempt from licensure under this chapter:

�� (1) A person who is constructing, altering, improving or repairing personal property.

�� (2) A person who is constructing, altering, improving or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the federal government.

�� (3) A person who furnishes materials, supplies, equipment or finished product and does not fabricate them into, or consume them, in the performance of the work of a contractor.

�� (4) A person working on one structure or project, under one or more contracts, when the aggregate price of all of that person�s contracts for labor, materials and all other items is less than $1,000 and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device that might indicate to the public that the person is a contractor.

�� (5) An owner who contracts for work to be performed by a licensed contractor. This subsection does not apply to a person who, in the pursuit of an independent business, constructs, remodels, repairs or for compensation and with the intent to sell the structure, arranges to have constructed, remodeled or repaired a structure with the intent of offering the structure for sale before, upon or after completion. It is prima facie evidence that there was an intent of offering the structure for sale if the person who constructed, remodeled or repaired the structure or arranged to have the structure constructed, remodeled or repaired does not occupy the structure after its completion.

�� (6) An owner who contracts for one or more licensed contractors to perform work wholly or partially within the same calendar year on not more than three existing residential structures of the owner. This subsection does not apply to an owner contracting for work that requires a building permit unless the work that requires a permit is performed by, or under the direction of, a residential general contractor.

�� (7) A person performing work on a property that person owns or performing work as the owner�s employee, whether the property is occupied by the owner or not, or a person performing work on that person�s residence, whether or not that person owns the residence. This subsection does not apply to a person performing work on a structure owned by that person or the owner�s employee, if the work is performed in the pursuit of an independent business with the intent of offering the structure for sale before, upon or after completion.

�� (8) A person licensed or registered in one of the following trades or professions when operating within the scope of that license or registration:

�� (a) An architect registered by the State Board of Architect Examiners.

�� (b) A professional engineer registered by the State Board of Examiners for Engineering and Land Surveying.

�� (c) A water well contractor licensed by the Water Resources Department.

�� (d) A sewage disposal system installer licensed by the Department of Environmental Quality.

�� (e) A landscape contracting business licensed under ORS 671.510 to 671.760.

�� (f) A pesticide operator licensed under ORS 634.116 who does not conduct inspections for wood destroying organisms for the transfer of real estate.

�� (g) An appraiser certified or licensed under ORS chapter 674 or an appraiser assistant registered under ORS chapter 674 by the Appraiser Certification and Licensure Board.

�� (9) A landscape contracting business operating within the scope of a license issued under ORS

ORS 455.010

455.010, may not issue a building permit for the construction of a dwelling on a lot or parcel in an exclusive farm use zone without evidence that the owner of the lot or parcel upon which the dwelling is proposed to be constructed has paid the additional tax, if any, imposed by the county assessor under subsection (7)(c) of this section. [1981 c.748 �46; 1983 c.462 �14; 1983 c.570 �6; 1983 c.826 �23; 1985 c.717 �6; 1985 c.811 �6; 1987 c.305 �5; 1987 c.414 �147; 1991 c.459 �346; 1993 c.792 �27; 1993 c.801 �36a; 1999 c.314 �58; 2001 c.704 �7; 2003 c.454 �85; 2003 c.539 �19; 2003 c.621 �68; 2007 c.809 �13; 2025 c.38 �31]

�� 215.237 Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone. If a winery sited on land zoned for exclusive farm use or mixed farm and forest use under ORS 215.452 conducts agri-tourism or other commercial events authorized in ORS 215.452 (5), the winery may not conduct agri-tourism or other commercial events or activities authorized by ORS 215.213 (11) or 215.283 (4). [2011 c.567 �3; 2013 c.554 �4]

�� Note: 215.237 to 215.239 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.238 Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity. Notwithstanding ORS 30.938, in an action or claim for relief alleging nuisance or trespass and arising from a practice that is alleged by either party to be a farming or forest practice, the prevailing party is not entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal if:

�� (1) The party owns, operates or attends an agri-tourism or other commercial event or activity authorized under ORS 215.213 (11) or 215.283 (4); and

�� (2) The action or claim arises from the event or activity. [2011 c.567 �4]

�� Note: See note under 215.237.

�� 215.239 Siting of agri-tourism event or activity. The uses authorized by ORS 215.213 (11) or 215.283 (4) may be allowed on lands that are planned and zoned for exclusive farm use and designated as rural reserves under ORS 197A.235 or as urban reserves under ORS 197A.245. [2011 c.567 �5]

�� Note: See note under 215.237.

�� 215.240 [Repealed by 1963 c.619 �16]

�� 215.243 Agricultural land use policy. The Legislative Assembly finds and declares that:

�� (1) Open land used for agricultural use is an efficient means of conserving natural resources that constitute an important physical, social, aesthetic and economic asset to all of the people of this state, whether living in rural, urban or metropolitan areas of the state.

�� (2) The preservation of a maximum amount of the limited supply of agricultural land is necessary to the conservation of the state�s economic resources and the preservation of such land in large blocks is necessary in maintaining the agricultural economy of the state and for the assurance of adequate, healthful and nutritious food for the people of this state and nation.

�� (3) Expansion of urban development into rural areas is a matter of public concern because of the unnecessary increases in costs of community services, conflicts between farm and urban activities and the loss of open space and natural beauty around urban centers occurring as the result of such expansion.

�� (4) Exclusive farm use zoning as provided by law, substantially limits alternatives to the use of rural land and, with the importance of rural lands to the public, justifies incentives and privileges offered to encourage owners of rural lands to hold such lands in exclusive farm use zones. [1973 c.503 �1]

�� 215.246 Approval of land application of certain substances; subsequent use of tract of land; consideration of alternatives. (1) The uses allowed under ORS 215.213 (1)(y) and 215.283 (1)(v):

�� (a) Require a determination by the Department of Environmental Quality, in conjunction with the department�s review of a license, permit or approval, that the application rates and site management practices for the land application of reclaimed water, agricultural or industrial process water or biosolids ensure continued agricultural, horticultural or silvicultural production and do not reduce the productivity of the tract.

�� (b) Are not subject to other provisions of ORS 215.213 or 215.283 or to the provisions of ORS 215.274, 215.275 or 215.296.

�� (2) The use of a tract of land on which the land application of reclaimed water, agricultural or industrial process water or biosolids has occurred under this section may not be changed to allow a different use unless:

�� (a) The tract is included within an acknowledged urban growth boundary;

�� (b) The tract is rezoned to a zone other than an exclusive farm use zone;

�� (c) The different use of the tract is a farm use as defined in ORS 215.203; or

�� (d) The different use of the tract is a use allowed under:

�� (A) ORS 215.213 (1)(b), (d) to (f), (i) to (n), (p) to (r), (u), (w) or (x);

�� (B) ORS 215.213 (2)(a) to (c), (i), (m) or (p) to (r);

�� (C) ORS 215.213 (11);

�� (D) ORS 215.283 (1)(b), (d), (e), (h) to (L), (n) to (p), (r), (t) or (u);

�� (E) ORS 215.283 (2)(a), (j), (L) or (p) to (s); or

�� (F) ORS 215.283 (4).

�� (3) When a state agency or a local government makes a land use decision relating to the land application of reclaimed water, agricultural or industrial process water or biosolids under a license, permit or approval by the Department of Environmental Quality, the applicant shall explain in writing how alternatives identified in public comments on the land use decision were considered and, if the alternatives are not used, explain in writing the reasons for not using the alternatives. The applicant must consider only those alternatives that are identified with sufficient specificity to afford the applicant an adequate opportunity to consider the alternatives. A land use decision relating to the land application of reclaimed water, agricultural or industrial process water or biosolids may not be reversed or remanded under this subsection unless the applicant failed to consider identified alternatives or to explain in writing the reasons for not using the alternatives.

�� (4) The uses allowed under this section include:

�� (a) The treatment of reclaimed water, agricultural or industrial process water or biosolids that occurs as a result of the land application;

�� (b) The establishment and use of facilities, including buildings, equipment, aerated and nonaerated water impoundments, pumps and other irrigation equipment, that are accessory to and reasonably necessary for the land application to occur on the subject tract;

�� (c) The establishment and use of facilities, including buildings and equipment, that are not on the tract on which the land application occurs for the transport of reclaimed water, agricultural or industrial process water or biosolids to the tract on which the land application occurs if the facilities are located within:

�� (A) A public right of way; or

�� (B) Other land if the landowner provides written consent and the owner of the facility complies with ORS 215.275 (4); and

�� (d) The transport by vehicle of reclaimed water or agricultural or industrial process water to a tract on which the water will be applied to land.

�� (5) Uses not allowed under this section include:

�� (a) The establishment and use of facilities, including buildings or equipment, for the treatment of reclaimed water, agricultural or industrial process water or biosolids other than those treatment facilities related to the treatment that occurs as a result of the land application; or

�� (b) The establishment and use of utility facility service lines allowed under ORS

ORS 455.030

455.030 and 455.110.

�� (6) The director, by rule, shall establish uniform standards for a municipality to allow an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code in areas where the local jurisdiction determines that the fire apparatus means of approach to a property or water supply serving a property does not meet applicable fire code or state building code requirements. The alternate method of construction, which may include but is not limited to the installation of automatic fire sprinkler systems, must be approved in conjunction with the approval of an application under ORS 197A.402.

�� (7) For lots of record existing before July 2, 2001, or property that receives any approval for partition, subdivision or construction under ORS 197A.402 before July 2, 2001, a municipality allowing an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code may apply the uniform standards established by the director pursuant to subsection (6) of this section. For property that receives all approvals for partition, subdivision or construction under ORS 197A.402 on or after July 2, 2001, a municipality allowing an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code must apply the uniform standards established by the director pursuant to subsection (6) of this section.

�� (8) The director, by rule, shall establish uniform standards for a municipality to allow alternate approval of construction related to conversions of single-family dwellings into no more than four residential dwelling units built to the Low-Rise Residential Dwelling Code that received occupancy approval prior to January 1, 2020. The standards established under this subsection must include standards describing the information that must be submitted before an application for alternate approval will be deemed complete.

�� (9)(a) A building official described in ORS 455.148 or 455.150 must approve or deny an application for alternate approval under subsection (8) of this section no later than 15 business days after receiving a complete application.

�� (b) A building official who denies an application for alternate approval under this subsection shall provide to the applicant:

�� (A) A written explanation of the basis for the denial; and

�� (B) A statement that describes the applicant�s appeal rights under subsection (10) of this section.

�� (10)(a) An appeal from a denial under subsection (9) of this section must be made through a municipal administrative process. A municipality shall provide an administrative process that:

�� (A) Is other than a judicial proceeding in a court of law; and

�� (B) Affords the party an opportunity to appeal the denial before an individual, department or body that is other than a plan reviewer, inspector or building official for the municipality.

�� (b) A decision in an administrative process under this subsection must be completed no later than 30 business days after the building official receives notice of the appeal.

�� (c) Notwithstanding ORS 455.690, a municipal administrative process required under this subsection is the exclusive means for appealing a denial under subsection (9) of this section.

�� (11) The costs incurred by a municipality under subsections (9) and (10) of this section are building inspection program administration and enforcement costs for the purpose of fee adoption under ORS 455.210. [1987 c.604 �2; 1991 c.366 �1; 1991 c.558 �1; 1991 c.945 �6; 1993 c.419 �1; 1993 c.744 �97; 2001 c.702 �1; 2003 c.675 ��31,32; 2005 c.435 �1; 2019 c.401 ��6,13; 2019 c.639 �9]

�� 455.612 [2021 c.592 �12; 2023 c.611 �11; repealed by 2025 c.590 �1]

�� 455.614 [2021 c.592 �12c; repealed by 2025 c.590 �1]

�� 455.615 [2017 c.394 �2; repealed by 2019 c.401 �16]

�� 455.616 Construction standards for small homes. (1) As used in this section, �small home� means a dwelling that is not more than 400 square feet in size.

�� (2) The Director of the Department of Consumer and Business Services shall adopt construction standards for small homes for incorporation into the state building code. The construction standards for small homes must include, but need not be limited to, standards that:

�� (a) Allow sleeping lofts; and

�� (b) Allow the use of ladders or alternate tread devices as the primary means of egress from a sleeping loft. [2019 c.401 �9]

�� Note: 455.616 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.

�� 455.620 [1987 c.604 �3; repealed by 1991 c.366 �2]

�� 455.622 Certification of inspectors; rules. Notwithstanding ORS 447.020, 455.715 to 455.740, 479.810 (3) or 479.855, the Department of Consumer and Business Services shall adopt education, training and examination requirements that allow certification of inspectors to perform inspections on one and two family dwellings under one or more aspects of the Low-Rise Residential Dwelling Code adopted under ORS 455.610 to 455.630. [1995 c.553 �10; 2003 c.675 �33]

�� Note: 455.622 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.

�� 455.625 Rules for permits; schedule of inspections. The Director of the Department of Consumer and Business Services shall, by rule, adopt:

�� (1) A list of information required for low-rise residential dwelling building permits; and

�� (2) A priority schedule for low-rise residential dwelling inspections and plan review requirements. [1987 c.604 �5; 1997 c.658 �3; 2003 c.675 �34]

�� 455.626 Rules for accommodating technology. The Director of the Department of Consumer and Business Services shall adopt, amend or repeal the state building code as necessary to establish viable standards for providing advanced telecommunications and cable service technology to newly constructed low-rise residential dwellings. [1999 c.329 �2; 2003 c.675 �48]

�� Note: 455.626 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.

�� 455.627 Minor electrical installation inspection program; rules. The Department of Consumer and Business Services, in consultation with the Residential and Manufactured Structures Board, shall adopt rules to create a mandatory random inspection program for minor electrical installations made by electrical contractors in low-rise residential dwellings. [1995 c.53 �13; 2003 c.675 �35; 2009 c.567 �21]

�� Note: 455.627 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.628 Plan review exemption. (1) The Department of Consumer and Business Services or a municipality administering and enforcing a building inspection program under ORS 455.148 or

ORS 455.042

455.042 and 455.046.

�� (2) The Director of the Department of Consumer and Business Services may adopt by rule a reasonable fee schedule for the purpose of recovering the costs incurred by the department in providing services under ORS 455.046. Fees adopted and imposed under this section shall be in addition to the total building permit fees otherwise imposed in Clackamas, Multnomah and Washington Counties. A municipality shall collect fees adopted and imposed under this section and remit the fees to the department. [Formerly 455.842]

�� Note: 455.044 to 455.048 were added to and made a part of ORS chapter 455 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.046 Installation labels; standardized forms and procedures; use of Tri-County Building Industry Service Center resources. (1) The Department of Consumer and Business Services shall:

�� (a) Develop and administer an installation label program for minor installations under the state building code, including but not limited to electrical installations under ORS 455.627, 479.540 and 479.570 and plumbing installations under ORS

ORS 455.044

455.044 and 455.046. [Formerly 455.846]

�� Note: See note under 455.044.

�� 455.050 Building permits; content. All building permits issued in this state shall contain the following information:

�� (1) The name and address of the owner of the building or structure to be constructed or altered under the permit;

�� (2) The name and address of the builder or contractor, if known, who will perform the construction or alteration; and

�� (3) The street address and legal description or tax lot number of the property on which construction or alteration will occur. [Formerly 456.887]

�� Note: 455.050 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.055 Uniform permit, inspection and certificate of occupancy requirements; rules. The Director of the Department of Consumer and Business Services may adopt rules establishing uniform permit, inspection and certificate of occupancy requirements under the state building code. The rules may include, but need not be limited to, rules establishing standards for building inspections and inspection procedures and rules establishing uniform forms for certificates of occupancy. In adopting rules under this section, the director may establish a process for a municipality to address conditions that are unique to the municipality�s enforcement of the state building code or that are not addressed by the rules establishing uniform permit, inspection and certificate of occupancy requirements. [2007 c.549 �2]

�� Note: 455.055 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.

�� 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:

�� (a) 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

�� (b) 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]

�� Note: 455.058 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.

�� 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]

�� 455.062 Provision of technical submissions. (1) A Department of Consumer and Business Services employee acting within the scope of that employment may provide typical drawings and specifications:

�� (a) For structures of a type for which the provision of technical submissions is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and exempted under ORS 672.060 from the registration requirements of ORS 672.002 to

ORS 455.085

455.085 in 1991]

PUBLIC ASSEMBLY STRUCTURES

�� 455.640 Definitions for ORS 455.640 to 455.645. (1) As used in ORS 455.640 to 455.645, unless the context otherwise requires, the words, terms and phrases defined in subsections (2) to (5) of this section shall have the meaning given them in those subsections.

�� (2) �Architect� means an architect as defined in ORS 671.010 in accordance with the rules and regulations of the State Board of Architect Examiners.

�� (3) �Certified structure� means a structure designed by a professional engineer or architect as defined in this section.

�� (4) �Professional engineer� means an engineer as defined in ORS 672.002 in accordance with the rules and regulations of the State Board of Examiners for Engineering and Land Surveying.

�� (5) �Structures of public assembly� means structures which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement or awaiting transportation. [Formerly 456.965]

�� Note: 455.640, 455.642 and 455.645 were added to and made a part of ORS chapter 455 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.642 Application. The provisions of ORS 455.640 to 455.645 shall not be construed to apply to any building having a ground area of 4,000 square feet or less and which is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure. [Formerly 456.970]

�� Note: See note under 455.640.

�� 455.645 Certain plans for structures of public assembly to be certified. In order to safeguard life, health and property, all drawings and plans defining the framing systems, shoring systems and foundations for structures of public assembly shall be certified by a qualified professional engineer or qualified architect. The design of the certified structure of public assembly shall provide for resistance to lateral forces, including wind and earthquakes, as well as gravity loads, in accordance with accepted engineering practice and governing building codes. The design shall be accompanied by supporting lateral force calculations. [Formerly

ORS 455.148

455.148 or 455.150.

�� (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:

�� (a) 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

�� (b) 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]

�� Note: See note under 455.455.

�� 455.468 Electronic submission of application materials. A transaction conducted through a state or local system or network that provides electronic access to building codes information and services is exempt from any requirement under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945 and

ORS 455.202

455.202.

�� (2) A city that does not comply with ORS 455.202 or does not submit an updated operating plan as provided in subsection (1)(b) of this section may not procure services from a contract building official unless the city�s procurement occurs for the periods and under the circumstances described in ORS 455.202 (2)(a)(A) and (B). [2021 c.599 �5]

�� Note: See note under 455.202.

(Financial Administration)

�� 455.210 Fees; appeal of fees; surcharge; reduced fees; rules. (1) Fees shall be prescribed as required by ORS 455.020 for plan review and permits issued by the Department of Consumer and Business Services for the construction, reconstruction, alteration and repair of prefabricated structures and of buildings and other structures and the installation of mechanical heating and ventilating devices and equipment. The fees may not exceed 130 percent of the fee schedule printed in the �Uniform Building Code,� 1979 Edition, and in the �Uniform Mechanical Code,� 1979 Edition, both published by the International Conference of Building Officials. Fees are not effective until approved by the Oregon Department of Administrative Services.

�� (2) Notwithstanding subsection (1) of this section, the maximum fee the Director of the Department of Consumer and Business Services may prescribe for a limited plan review for fire and life safety as required under ORS 479.155 shall be 40 percent of the prescribed permit fee.

�� (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

ORS 455.208

455.208:

�� (a) �Building official� has the meaning given that term in ORS 455.715.

�� (b) �Contract building official� means an owner, manager or employee of a person that the Director of the Department of Consumer and Business Services has licensed to perform specialty code inspections and plan reviews under ORS 455.457 and that engages in the business of providing the services described in ORS 455.148 (3) and 455.150 (3) to one or more municipalities to which the director has delegated a building inspection program.

�� (c) �Discretionary decision� means:

�� (A) Waiving a plan review, an inspection or a provision of the state building code; or

�� (B) Allowing an alternative material, design or method of construction.

�� (d) �Qualified employee� means an individual that a municipality employs and has designated to ratify or disapprove a contract building official�s discretionary decisions and who:

�� (A) Before exercising oversight over a contract building official, completed, with any applicable certification or other evidence of completion, basic training that the director determines is necessary; and

�� (B) Within 180 days after a municipality�s designation of the individual as a qualified employee, completed, with any applicable certification or other evidence of completion, any advanced training that the director determines is necessary.

�� (2)(a) Notwithstanding ORS 455.148 (3) and 455.150 (3), a city that procured services from a contract building official on or after January 1, 2018, and before January 1, 2022, may continue to procure or may again procure services from a contract building official on and after January 1, 2022, only if the city complies with the provisions of ORS 455.202 to 455.208. A city that did not procure services from a contract building official before January 1, 2018, may not procure services from a contract building official unless:

�� (A) The city procures services from a contract building official for a period of not more than 180 days while recruiting for an individual to employ as a building official; or

�� (B) The city receives approval from the director to procure services from a contract building official for not more than 180 additional days after the period described in subparagraph (A) of this paragraph upon a showing that the city�s recruitment to employ a building official remains active after the period described in subparagraph (A) of this paragraph.

�� (b) A county may procure services from a contract building official after January 1, 2022, only if the county complies with the provisions of ORS 455.202 to 455.208 and only if the county�s procurement occurs for the periods and under the circumstances described for cities in paragraph (a)(A) and (B) of this subsection.

�� (3)(a) A contract building official shall notify a qualified employee in writing of each of the contract building official�s discretionary decisions. The contract building official shall notify a permit applicant of each discretionary decision that relates to the permit application. The notice must list and describe available opportunities for a hearing and appeal of the decision.

�� (b) A qualified employee must review and ratify or disapprove a contract building official�s discretionary decision within 30 days after receiving notice of the decision.

�� (4)(a) Except as otherwise provided in paragraph (b) of this subsection, a municipality that procures services from a contract building official must establish a local board to which a permit applicant may appeal a contract building official�s discretionary decisions.

�� (b)(A) A city need not establish a local board if the county within which the city is located, or an adjacent county, has a local board that hears, in accordance with this section, all appeals of the discretionary decisions of the city�s contract building official. A county need not establish a local board if an adjacent county has a local board that hears, in accordance with this section, all appeals of the discretionary decisions of the county�s contract building official or the discretionary decisions of all contract building officials for cities located within the county.

�� (B) A city may enter into an agreement with the county within which the city is located, or an adjacent county, to hear appeals in accordance with this section. A county may enter into an agreement with an adjacent county to hear appeals in accordance with this section.

�� (c) A local board that a city establishes under paragraph (a) of this subsection must include as a member the building official of the county within which the city is located or the building official of an adjacent county. A local board that a county establishes under paragraph (a) of this subsection must include as a member a building official from an adjacent county.

�� (d) A local board described in paragraph (a) of this subsection may not include as a member any contract building official or an owner, manager, director, officer or employee of a person, other than an employee of the municipality, that performs building inspections. An individual who engages in the business of building design or construction may be a member of the local board, but may not hear an appeal of a contract building official�s discretionary decision concerning a project that involves a business, or a competitor of a business, that:

�� (A) The individual owns or manages or for which the individual provides services as an employee, agent or contractor; or

�� (B) A family member or a member of the individual�s household owns or manages or for which the family member or member of the household provides services as an employee, agent or contractor.

�� (5)(a) The appeal rights to which a permit applicant is entitled before a local board described in subsection (4) of this section must be in addition to and not in lieu of any other rights of appeal the permit applicant may have. A municipality shall require a permit applicant to submit any appeal within 30 days after receiving a notice concerning the permit application under subsection (3) of this section and the local board must review and issue a determination of the appeal within 30 days after receiving notice of the appeal.

�� (b) In an appeal under subsection (4) of this section, a permit applicant must establish by a preponderance of the evidence that overturning the discretionary decision of the contract building official will not create a dangerous or unsafe condition or decrease the minimum fire and life safety standards set forth in the relevant code.

�� (6)(a) A city that procures services from a contract building official shall have an independent auditor examine the finances of the city�s building inspection program at least once every two years. The city may have the audit performed in conjunction with an audit under ORS 297.425. A county that procures services from a contract building official shall have an audit performed that covers the period of time during which the contract building official performed services for the county.

�� (b) At a minimum, an audit under this subsection must examine all collections and usage of permit fees and all expenditures of moneys that have occurred from the proceeds of the fees since the last audit or since a municipality began procuring services from the contract building official, whichever period is shorter, and must verify that the municipality dedicates all fees the municipality collects for plan review, permit issuance or administering and enforcing specialty codes only to the purposes specified in ORS 455.210 and 479.845.

�� (c) A municipality shall make the results of each audit available to the public by easily accessible electronic means, including by posting the results on the municipality�s website.

�� (7) A city that procured services from a contract building official within the period described in subsection (2) of this section may at any time choose to procure services from a different contract building official, may employ a building official or, in cooperation with another municipality, may appoint a building official employed by the other municipality to administer a building inspection program for both the city and the other municipality.

�� (8)(a) If the director has reason to believe that a violation of this section has occurred, the director may:

�� (A) Examine a municipality�s building code inspection, administration and enforcement activities and the activities of the contract building official from which the municipality procured services;

�� (B) Perform an investigation and take sworn testimony; and

�� (C) Issue subpoenas, subject to the authorization of the Attorney General, to persons or for records for the purpose of obtaining testimony, documents and information about a municipality�s official actions or omissions and the actions or omissions of a contract building official, including information that is subject to public inspection under ORS 192.311 to 192.478.

�� (b) Before taking an action under paragraph (a) of this subsection, the director shall notify the municipality and the contract building official that are the subjects of the director�s intended action. In the notice, the director shall set forth the reasons the director believes a violation has occurred and cite any applicable statutes or rules. The director may immediately take an action described in paragraph (a) of this subsection if the director does not receive a satisfactory response within 30 days after the date of the director�s notice.

�� (9)(a) If the director finds that a violation of this section has occurred, the director may issue and serve a written order upon a municipality, or upon a contract building official from which the municipality procured services, that specifies corrective action. The order must state the facts and identify applicable law that forms the basis for the director�s finding that a violation has occurred and must give the municipality or the contract building official reasonable time, which may not be less than 10 business days, within which to perform the director�s specified corrective action.

�� (b) In addition to the corrective action described in paragraph (a) of this subsection, the director may require the municipality to:

�� (A) Increase the frequency of the audit required under subsection (6) of this section to once per year.

�� (B) Submit a written plan that describes how the municipality will achieve compliance with this section. If the director accepts the plan, the director shall incorporate the provisions of the plan into an order that is binding upon the municipality.

�� (C) State and document the actions that the municipality has undertaken independently to correct the violation.

�� (c) If the director finds that a pattern of violations of this section has occurred:

�� (A) The municipality that is the subject of the director�s finding may not procure services from a contract building official and shall, within 180 days after the date of the director�s finding:

�� (i) Employ a building official;

�� (ii) Appoint a building official in cooperation with another municipality and agree with the other municipality that the building official shall perform services for both municipalities; or

�� (iii) Abandon the municipality�s building inspection program in accordance with ORS 455.148 and

ORS 455.330

455.330 shall designate those rural areas upon publicly available maps of readable scale showing individual property lines.

�� (2) A county ordinance under ORS 455.330 shall provide that no person shall receive a building permit in that county for an exempt owner-built dwelling and outbuildings more than once every five years. [Formerly 456.935]

�� 455.340 Code requirements to which exemption may not apply. No county shall exempt any building from requirements of the structural code relating to:

�� (1) Fire egress, fire retardant, smoke alarms and smoke detectors;

�� (2) Maximum bending stress allowed by the structural code for structural members; or

�� (3) Insulation and energy conservation. [Formerly 456.940; 1999 c.307 �22]

�� 455.345 Permit, fee, plan check and inspection provisions apply; notice of noncompliance to owner-builder; recording of notice; notice to purchasers. (1) Permit, fee, plan check and inspection requirements required by ORS 455.210 shall apply to owner-built dwellings and outbuildings exempted from the structural code under ORS 455.330.

�� (2) Building officials or specialty code inspectors licensed under ORS 455.457 inspecting structures exempted from the structural code under ORS 455.325 to 455.350, shall:

�� (a) Require the owner-builder to comply with those structural code requirements listed under ORS 455.340; and

�� (b) Inform the owner-builder in writing of those items which fail to comply with code standards and are exempt from code standards and make that information part of the permanent inspection record on the structures.

�� (3) An owner-builder of a structure exempted from the structural code under ORS

ORS 455.380

455.380 and in such manner as will facilitate sustained progress in attaining the objectives established;

�� (2) Every state and local government agency that finds farmworker activities within the scope of its jurisdiction must make every effort to alleviate insanitary, unsafe and overcrowded accommodations;

�� (3) Special efforts should be directed toward mitigating hazards to families and children; and

�� (4) All accommodations must provide for the rights of free association to farmworkers in their places of accommodation. [1989 c.964 �2; 2001 c.613 �11]

�� 197.680 Legislative findings. The Legislative Assembly finds that:

�� (1) This state has a large stock of existing farmworker housing that does not meet minimum health and safety standards and is in need of rehabilitation;

�� (2) It is not feasible to rehabilitate much of the existing farmworker housing stock to meet building code standards;

�� (3) In order to assure that minimum standards are met in all farmworker housing in this state, certain interim measures must be taken; and

�� (4) Limited rehabilitation, outside city boundaries, must be allowed to a lesser standard than that set forth in the existing building codes. [1989 c.964 �3; 2001 c.613 �12]

�� 197.685 Location of farmworker housing; approval standards. (1) The availability of decent, safe and sanitary housing opportunities for farmworkers is a matter of statewide concern.

�� (2) Farmworker housing within the rural area of a county shall be permitted in a zone or zones in rural centers and areas committed to nonresource uses.

�� (3) Any approval standards, special conditions and procedures for approval adopted by a local government shall be clear and objective and shall not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay. [1989 c.964 �5; 2001 c.613 �4]

�� 197.705 [1973 c.482 �1; repealed by 1977 c.665 �24]

ECONOMIC DEVELOPMENT

�� 197.707 Legislative intent. It was the intent of the Legislative Assembly in enacting ORS chapters 195, 196, 197, 197A, 215 and 227 not to prohibit, deter, delay or increase the cost of appropriate development, but to enhance economic development and opportunity for the benefit of all citizens. [1983 c.827 �16]

�� 197.710 [1973 c.482 �3; repealed by 1977 c.665 �24]

�� 197.712 Commission duties; comprehensive plan provisions; public facility plans; state agency coordination plans; compliance deadline; rules. (1) In addition to the findings and policies set forth in ORS 197.005, 197.010 and 215.243, the Legislative Assembly finds and declares that, in carrying out statewide comprehensive land use planning, the provision of adequate opportunities for a variety of economic activities throughout the state is vital to the health, welfare and prosperity of all the people of the state.

�� (2) By the adoption of new goals or rules, or the application, interpretation or amendment of existing goals or rules, the Land Conservation and Development Commission shall implement all of the following:

�� (a) Comprehensive plans shall include an analysis of the community�s economic patterns, potentialities, strengths and deficiencies as they relate to state and national trends.

�� (b) Comprehensive plans shall contain policies concerning the economic development opportunities in the community.

�� (c) Comprehensive plans and land use regulations shall provide for at least an adequate supply of sites of suitable sizes, types, locations and service levels for industrial and commercial uses consistent with plan policies.

�� (d) Comprehensive plans and land use regulations shall provide for compatible uses on or near sites zoned for specific industrial and commercial uses.

�� (e) A city or county shall develop and adopt a public facility plan for areas within an urban growth boundary containing a population greater than 2,500 persons. The public facility plan shall include rough cost estimates for public projects needed to provide sewer, water and transportation for the land uses contemplated in the comprehensive plan and land use regulations. Project timing and financing provisions of public facility plans shall not be considered land use decisions.

�� (f) In accordance with ORS 197.180, state agencies that provide funding for transportation, water supply, sewage and solid waste facilities shall identify in their coordination programs how they will coordinate that funding with other state agencies and with the public facility plans of cities and counties. In addition, state agencies that issue permits affecting land use shall identify in their coordination programs how they will coordinate permit issuance with other state agencies and cities and counties.

�� (g) Local governments shall provide:

�� (A) Reasonable opportunities to satisfy local and rural needs for residential and industrial development and other economic activities on appropriate lands outside urban growth boundaries, in a manner consistent with conservation of the state�s agricultural and forest land base; and

�� (B) Reasonable opportunities for urban residential, commercial and industrial needs over time through changes to urban growth boundaries.

�� (3) A comprehensive plan and land use regulations shall be in compliance with this section by the first periodic review of that plan and regulations. [1983 c.827 �17; 1991 c.612 �17]

�� 197.713 Industrial development on industrial lands outside urban growth boundaries; exceptions. (1) Notwithstanding statewide land use planning goals relating to urbanization or to public facilities and services, a county or its designee may authorize:

�� (a) Industrial development, including accessory uses subordinate to the industrial development, in buildings of any size and type, subject to the permit approval process described in ORS 215.402 to 215.438 and to applicable building codes, in an area planned and zoned for industrial use on January 1, 2004, subject to the territorial limits described in subsections (2) and (3) of this section.

�� (b) On-site sewer facilities to serve the industrial development authorized under this section, including accessory uses subordinate to the industrial development.

�� (2) Subject to subsection (3) of this section, a county or its designee may consider the following land for industrial development under this section:

�� (a) Land more than three miles outside the urban growth boundary of every city with a population of 20,000 individuals or more; and

�� (b) Land outside the urban growth boundary of every city with a population of fewer than 20,000 individuals.

�� (3) A county or its designee may not authorize industrial development under this section on land within the Willamette Valley as defined in ORS 215.010.

�� (4) A county or its designee may not authorize under this section retail, commercial or residential development in the area zoned for industrial use. [2003 c.688 �1; 2005 c.666 �1]

�� Note: 197.713 and 197.714 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 197.714 Cooperation of county and city concerning industrial development. (1) Notwithstanding the authority granted in ORS 197.713 and 197.716 to allow industrial or other employment use development, when a county or its designee considers action under ORS 197.713 or 197.716 for land within 10 miles of the urban growth boundary of a city, the county or its designee shall give notice to the city at least 21 days prior to taking action.

�� (2) If the city objects to the authorization of industrial or other employment use development under ORS 197.713 or 197.716, the city and county shall negotiate to establish conditions on the industrial or other employment use designation, development or changes in the development necessary to mitigate concerns raised by the city�s objection. [2003 c.688 �2; 2019 c.170 �3]

�� Note: See note under 197.713.

�� 197.715 [1973 c.482 �2; repealed by 1977 c.665 �24]

�� 197.716 Industrial and employment uses in listed counties; economic opportunity analysis. (1) As used in this section:

�� (a) �Economic opportunity analysis� means an analysis performed by a county that:

�� (A) Identifies the major categories of industrial uses or other employment uses that could reasonably be expected to expand or locate in the county based on a review of trends on a national, state, regional or county level;

�� (B) Identifies the number of sites by type reasonably expected to be needed to accommodate the expected employment growth based on the site characteristics typical of expected uses;

�� (C) Estimates the types and amounts of industrial uses and other employment uses likely to occur in the county based on subparagraphs (A) and (B) of this paragraph and considering the county�s economic advantages and disadvantages, including:

�� (i) Location, size and buying power of markets;

�� (ii) Availability of transportation facilities for access and freight mobility;

�� (iii) Public facilities and public services;

�� (iv) Labor market factors;

�� (v) Access to suppliers and utilities;

�� (vi) Necessary support services;

�� (vii) Limits on development due to federal and state environmental protection laws; and

�� (viii) Educational and technical training programs;

�� (D) Assesses community economic development potential through a public process in conjunction with state agencies and consistent with any categories or particular types of industrial uses and other employment uses desired by the community as identified in an existing comprehensive plan;

�� (E) Examines existing firms in the county to identify the types of sites that may require expansion;

�� (F) Includes an inventory of vacant and developed lands within the county designated for industrial use or other employment use, including:

�� (i) The description, including site characteristics, of vacant or developed sites within each plan or zoning district; and

�� (ii) A description of any development constraints or infrastructure needs that affect the buildable area of sites in the inventory; and

�� (G) Identifies additional potential sites for designation and rezoning that could reasonably accommodate expected industrial uses and other employment uses that cannot be met by existing inventories.

�� (b) �Industrial use� means industrial employment activities, including manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment and research and development.

�� (c) �Listed county� means Baker, Gilliam, Grant, Harney, Lake, Malheur, Sherman, Union, Wallowa or Wheeler County.

�� (d) �Other employment use� means all nonindustrial employment activities, including small scale commercial use, wholesale, service, nonprofit, business headquarters, administrative, governmental or employment activities that serve the medical, educational, social service, recreational or security industries and that occupy retail, office or flexible building types of any size or multibuilding campuses.

�� (e) �Reasonably be expected to expand or locate in the county� means that the county possesses the appropriate locational factors for the use or category of use.

�� (f)(A) �Small scale commercial use� means the low-impact use of land primarily for the retail sale of products or services, including offices.

�� (B) �Small scale commercial use� does not include use of land for factories, warehouses, freight terminals or wholesale distribution centers.

�� (2) A listed county that has adopted an economic opportunity analysis as part of its comprehensive plan may amend its comprehensive plan, land use regulations and zoning map to designate not more than 10 sites outside an urban growth boundary that cumulatively total not more than 50 acres of land if the sites were identified in any economic opportunity analysis as additional potential sites for industrial uses or other employment uses in order to allow for industrial uses and other employment uses without requiring an exception under ORS 197.732 to any statewide land use planning goals related to:

�� (a) Agriculture;

�� (b) Forest use; or

�� (c) Urbanization.

�� (3) A county may not designate a site under subsection (2) of this section:

�� (a) On any lands designated as high-value farmland as defined in ORS 195.300;

�� (b) Unless the county complies with ORS 197.714; and

�� (c) If any portion of the proposed site is for lands designated for forest use, unless the county:

�� (A) Notifies the State Forester in writing not less than 21 days before designating the site; and

�� (B) Cooperates with the State Forester in:

�� (i) Updating and classifying wildland-urban interface lands in and around the site;

�� (ii) Taking necessary steps to implement or update the wildland-urban interface fire protection system in and around the site; and

�� (iii) Implementing other fire protection measures authorized by the State Forester.

�� (4) A county may not amend its comprehensive plan, land use regulations or zoning map under this section to allow a use that would conflict with an administrative rule adopted for the purpose of implementing the Oregon Sage-Grouse Action Plan and Executive Order 15-18. [2019 c.170 �2; 2021 c.592 �41; 2025 c.590 �16]

�� 197.717 Technical assistance by state agencies; information from Oregon Business Development Department; model ordinances; rural economic development. (1) State agencies shall provide technical assistance to local governments in:

�� (a) Planning and zoning land adequate in amount, size, topography, transportation access and surrounding land use and public facilities for the special needs of various industrial and commercial uses;

�� (b) Developing public facility plans; and

�� (c) Streamlining local permit procedures.

�� (2) The Oregon Business Development Department shall provide a local government with �state and national trend� information to assist in compliance with ORS 197.712 (2)(a).

�� (3) The Land Conservation and Development Commission shall develop model ordinances to assist local governments in streamlining local permit procedures.

�� (4) The Department of Land Conservation and Development and the Oregon Business Development Department shall establish a joint program to assist rural communities with economic and community development services. The assistance shall include, but not be limited to, grants, loans, model ordinances and technical assistance. The purposes of the assistance are to remove obstacles to economic and community development and to facilitate that development. The departments shall give priority to communities with high rates of unemployment. [1983 c.827 �18; 1995 s.s. c.3 �36h; 1996 c.6 �10]

�� 197.719 Industrial use of abandoned or diminished mill sites; amendment of comprehensive plans and land use regulations; sewer facilities. (1) As used in this section, �abandoned or diminished mill site� means a mill, plant or other facility engaged in the processing or manufacturing of wood products, including sawmills and facilities for the production of plywood, veneer, hardboard, panel products, pulp and paper, that:

�� (a) Is located outside of urban growth boundaries;

�� (b) Was closed after January 1, 1980, or has been operating at less than 25 percent of capacity since January 1, 2003; and

�� (c) Contains or contained permanent buildings used in the production or manufacturing of wood products.

�� (2) Notwithstanding statewide land use planning goals protecting agricultural lands or forestlands or administrative rules implementing those goals, the governing body of a county may amend the county�s comprehensive plan and land use regulations to allow an abandoned or diminished mill site to be zoned for industrial use.

�� (3) Notwithstanding a statewide land use planning goal relating to urbanization or administrative rules implementing that goal, the governing body of a county may amend the county�s comprehensive plan and land use regulations to allow an abandoned or diminished mill site to be zoned for any level of industrial use.

�� (4) Notwithstanding a statewide land use planning goal relating to public facilities and services or administrative rules implementing that goal, the governing body of a county or its designee may approve:

�� (a) The extension of sewer facilities to lands that on June 10, 2003, are zoned for industrial use and that contain an abandoned or diminished mill site. The sewer facilities may serve only industrial uses authorized for the mill site and contiguous lands zoned for industrial use.

�� (b) The extension of sewer facilities to an abandoned or diminished mill site that is rezoned for industrial use under this section only as necessary to serve industrial uses authorized for the mill site.

�� (c) The establishment of on-site sewer facilities to serve an area that on June 10, 2003, is zoned for industrial use and that contains an abandoned or diminished mill site or to serve an abandoned or diminished mill site that is rezoned for industrial use under this section. The sewer facilities may serve only industrial uses authorized for the mill site and contiguous lands zoned for industrial use.

�� (5)(a) A local government, as defined in ORS 174.116, may not authorize a connection to any portion of a sewer facility located between an urban growth boundary or the boundary of an unincorporated community and the boundary of the mill site or the industrial zone containing the mill site, except as provided under a statewide land use planning goal relating to public facilities and services or under ORS 197.732.

�� (b) Sewer facilities approved under subsection (4) of this section shall be limited in size to meet the needs of authorized industrial uses and may not provide service to retail, commercial or residential development, except as provided under a statewide land use planning goal relating to public facilities and services or under ORS 197.732. The presence of the sewer facilities may not be used to justify an exception to statewide land use planning goals protecting agricultural lands or forestlands or relating to urbanization.

�� (6)(a) The governing body of a county or its designee shall determine the boundary of an abandoned or diminished mill site. For an abandoned or diminished mill site that is rezoned for industrial use under this section, land within the boundary of the mill site may include only those areas that were improved for the processing or manufacturing of wood products.

�� (b) For an abandoned or diminished mill site subject to subsection (2), (3) or (4) of this section, the governing body of a city or county or its designee may approve a permit, as defined in ORS 215.402 or 227.160, only for industrial development and accessory uses subordinate to such development on the mill site. The governing body or its designee may not approve a permit for retail, commercial or residential development on the mill site.

�� (7) For land that on June 10, 2003, is zoned under statewide land use planning goals protecting agricultural lands or forestlands and that is rezoned for industrial use under subsections (2) and (3) of this section, the governing body of the county or its designee may not later rezone the land for retail, commercial or other nonresource use, except as provided under the statewide land use planning goals or under ORS 197.732. [2003 c.252 �2; 2003 c.688 �3]

�� 197.722 Definitions for ORS 197.722 to 197.728. As used in ORS 197.722 to 197.728:

�� (1) �Industrial use� means employment activities, including, but not limited to, manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment and research and development, that generate income from the production, handling or distribution of goods or services, including goods or services in the traded sector, as defined in ORS

ORS 455.395

455.395 and 455.400:

�� (1) �Seismic rehabilitation� means construction of structural improvements to a building that result in the increased capability of the building to resist earthquake forces and that are based on standards adopted by the State of Oregon or by local governments.

�� (2) �Seismic rehabilitation agreement� means an agreement between a local government entity and a building owner pursuant to a seismic rehabilitation program for the phased completion of structural improvements to the owner�s building.

�� (3) �Seismic rehabilitation data� means data contained in any documents, reports, studies, test results, papers, files or other records that result from a seismic rehabilitation survey or are contained in a seismic rehabilitation agreement. �Seismic rehabilitation data� does not include data or reports required by ORS 455.447 or rules adopted pursuant thereto.

�� (4) �Seismic rehabilitation program� means any program enacted under an ordinance of a local government entity that provides for the seismic rehabilitation of buildings within the jurisdiction of the entity and authorizes the rehabilitation to be phased over a period of time not to exceed 10 years.

�� (5) �Seismic rehabilitation survey� means any investigation, survey, audit or other process for generating data from which the local government entity and the building owner may determine and agree upon the deficiencies that need to be addressed in a plan for the seismic rehabilitation of the owner�s building. [1995 c.400 �1]

�� Note: 455.390 to 455.400 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.395 Admissibility of data or agreements as evidence; immunity from certain causes of action. (1) No seismic rehabilitation data or seismic rehabilitation agreement is admissible in evidence to prove negligence or culpable acts or omissions in connection with injury, death or loss that occurs in an owner�s building as a result of the failure of the building to adequately withstand a seismic event. Such data or agreements are considered privileged and are excluded from evidence admitted in any legal action for the recovery of damages arising from the building�s failure due to seismic activity.

�� (2) A person may not maintain a cause of action against a building owner for injury, death or loss that occurs in the owner�s building as a result of a failure of the building to adequately withstand a seismic event, provided the owner was in substantial compliance with the terms and conditions of a seismic rehabilitation agreement on the date of the seismic event.

�� (3) The provisions of subsection (2) of this section shall apply only for the period during which the seismic rehabilitation agreement is in effect. [1995 c.400 �2]

�� Note: See note under 455.390.

�� 455.400 Effect of seismic rehabilitation provisions on exclusive remedy. Nothing in ORS 455.020, 455.390 and 455.395 and this section shall be construed as expanding or limiting the exclusive means by which subject workers and their beneficiaries are compensated for injury, death or disease arising out of and in the course of employment as provided in ORS chapter 656. [1995 c.400 �6]

�� Note: See note under 455.390.

�� Note: Section 3, chapter 797, Oregon Laws 2001, provides:

�� Sec. 3. Educational building seismic rehabilitation. Subject to available funding, if a building evaluated under section 2 (4), chapter 797, Oregon Laws 2001, is found by a board to pose an undue risk to life safety during a seismic event, the governing board of a public university listed in ORS 352.002, local school district board, community college board or education service district board, as appropriate, shall develop a plan for seismic rehabilitation of the building or for other actions to reduce the risk. For a board that is subject to ORS 291.224, the board�s plan to rehabilitate or take other action to reduce the seismic risk of a building must be included in the capital construction program of the board. A board that is subject to ORS 291.224 shall rank the relative benefit of projects to reduce seismic risk in comparison with other life safety and code requirement projects. Subject to availability of funding, all seismic rehabilitations or other actions to reduce seismic risk must be completed before January 1, 2032. If the building is listed on a national or state register of historic places or properties or is designated as a landmark by local ordinance, the plan for seismic rehabilitation or other action shall be developed in a manner that gives consideration to preserving the character of the building. [2001 c.797 �3; 2013 c.768 �162; 2015 c.767 �177]

(Miscellaneous Provisions)

�� 455.405 Recreational vehicle conversion to structure. (1) A recreational vehicle that has a title issued by the Department of Transportation does not qualify as a structure. If a recreational vehicle is being converted to use as a structure, at the time of commencing the conversion the owner shall surrender the title and any registration issued for the recreational vehicle to the department for cancellation. A recreational vehicle that is converted to use as a structure is subject to the state building code.

�� (2) There is a rebuttable presumption that a recreational vehicle has been converted to use as a structure if the recreational vehicle is located outside of a mobile home park as defined in ORS 446.003 and:

�� (a) Has been rendered structurally immobile; or

�� (b) Has direct attachment to utilities. [2019 c.585 �4]

�� Note: 455.405 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.

�� 455.410 Relocated buildings; substantial compliance required; permits. (1) Existing buildings or structures which are removed from their foundation and relocated to another site within this state shall be in substantial compliance as defined in subsections (2) and (3) of this section.

�� (2) �Substantial compliance� means compliance with local construction codes in effect as of the original permit date of the building or structure, or where there was no permitting required at the time of original construction, with basic health and safety standards, as described in the closest dated Uniform Housing Code, as published by the International Conference of Building Officials as of the date of construction. Only the insulation, overhead and underneath the structure, shall be upgraded to the current insulation requirements of the state building code, or to the maximum extent possible subject to the design of the structure. Nothing in this statute shall be construed to mean that all heating, plumbing and electrical systems shall be replaced with systems meeting current standards for new construction, except that any life-threatening deficiencies in those systems shall be repaired, notwithstanding that the cost of rehabilitation may exceed 50 percent of the value of the structure before rehabilitation.

�� (3) All foundation and basement construction on the structure and any remodeling at the new location shall be constructed subject to all applicable local current building and safety codes, or where none exist, with the applicable standards as described in the Uniform Housing Code described in subsection (2) of this section.

�� (4) All moved houses shall be provided with either battery-operated or hard-wired smoke detection devices located in accordance with the provisions of the state building code.

�� (5) Nothing in this section is intended to permit any person to move a structure unless the person first consults the appropriate building inspection authority and obtains all required permits. [Formerly 456.756; 1989 c.1068 �1]

�� 455.412 Review of state building code provisions regarding certain smoke alarms and smoke detectors; rules. (1) The Department of Consumer and Business Services shall amend the state building code as necessary for the purpose of reducing the frequency of false alarms from smoke alarms and smoke detectors. Rules adopted under this section shall be designed to address smoke alarms and smoke detectors in single family and multifamily dwellings, hotels and lodging houses and shall not apply to recreational vehicles, commercial vehicles, railroad equipment, aircraft, marine vessels and manufactured dwellings.

�� (2) As used in this section, �smoke alarm� and �smoke detector� shall have the meanings provided in ORS 479.250. [1999 c.307 �18]

�� 455.415 Identification badges. (1) A person who is licensed by the State Plumbing Board or the Department of Consumer and Business Services pursuant to ORS 460.057, 460.059, 479.630,

ORS 455.459

455.459, 455.461, 455.467, 455.475 or 455.477 is intended to limit, supersede or otherwise affect the rights, obligations or professional activities of an inspector engaged in the business of providing prefabricated structure plan approvals and inspections, as defined in ORS 455.715, pursuant to ORS 455.715 to 455.740. [1999 c.1045 �28]

�� Note: See note under 455.479.

�� 455.483 Electrical and plumbing code plan review; rules. (1) The Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt rules to make electrical code plan review mandatory only for complex structures located in jurisdictions that offer electrical code plan review services.

�� (2) The department shall adopt rules to make plumbing code plan review mandatory only for complex structures located in jurisdictions that offer plumbing code plan review services.

�� (3) Notwithstanding any rules adopted pursuant to subsections (1) and (2) of this section, an owner of a complex structure or the owner�s agent may request and receive plan review and inspections for any electrical and plumbing materials and installations that are subject to the state building code. [2003 c.367 �5; 2005 c.661 �1]

�� Note: 455.483 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.

�� 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,

ORS 455.467

455.467. The following apply to an appeal under this subsection:

�� (a) 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.

�� (b) 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]

�� Note: See note under 455.455.

�� 455.477 Requirement for suit filed by licensed specialty code inspector or plan reviewer. A person carrying on, conducting or transacting specialty code inspections or plan reviews or a business employing specialty code inspectors or plan reviewers may not maintain any suit or action relating to specialty code inspections or plan reviews in any of the courts of this state without alleging and proving that the person or business was licensed under ORS 455.457 at the time of performing such work. [1999 c.1045 �11]

�� Note: See note under 455.455.

�� 455.479 Application to specialty inspections identified by department. Nothing in ORS 455.455 to 455.477 and 455.897 and section 10, chapter 1045, Oregon Laws 1999, applies to special inspections as described in each specialty code as adopted by the Director of the Department of Consumer and Business Services. [1999 c.1045 �27]

�� Note: 455.479 and 455.481 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.481 Application to inspection and plan review for prefabricated structures. Nothing in ORS 455.455, 455.457,

ORS 455.469

455.469 to 455.477 were added to and made a part of ORS chapter 455 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.457 Licensing specialty code inspectors and plan reviewers; rules; contents. In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services by rule shall establish a licensing system for persons that perform specialty code inspections or plan reviews and for businesses that employ persons that perform specialty code inspections or plan reviews. Such a system shall include but not be limited to the following provisions:

�� (1) Prescribing the form and content of and the times and procedures for submitting an application for the issuance or renewal of a license.

�� (2) Prescribing the terms of the licenses and the fees for the original issue and renewal in amounts that do not exceed the cost to the Department of Consumer and Business Services of administering the licensing system.

�� (3) Prescribing the requirements for and the manner of testing the competency of applicants for the protection of the public health and safety.

�� (4) Prescribing the amounts and conditions of bonds and liability insurance.

�� (5) Setting forth those actions or circumstances that constitute failure to achieve or maintain licensing competency or that otherwise constitute a danger to the public health or safety and for which the director may refuse to issue or renew or may suspend or revoke a license or impose a civil penalty. [1999 c.1045 �3]

�� Note: See note under 455.455.

�� 455.459 Specialty code inspection and plan review; conflict of interest. (1) A person shall not inspect or review any project or installation in which the person, employer of the person or relative of the person has any financial interest or business affiliation. A person designated under ORS 455.465 (1)(a) may not perform both the inspection and plan review for the same project or installation. A municipality or the state shall perform either the inspection, the plan review, or both.

�� (2) For purposes of this section, �relative� has the meaning given that term in ORS 95.200. [1999 c.1045 �4]

�� Note: See note under 455.455.

�� 455.461 Specialty code inspectors and plan reviewers; quality control; rules. (1) The Director of the Department of Consumer and Business Services, by rule, shall develop quality control procedures for the activities of specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers licensed under ORS 455.457. These procedures shall include but are not limited to random sampling of the work of such persons and businesses.

�� (2) The Director of the Department of Consumer and Business Services shall appoint by rule a chief inspector for each specialty code under this chapter. [1999 c.1045 �7]

�� Note: See note under 455.455.

�� 455.463 Specialty code inspection and plan review; department enforcement authority; investigation. (1) In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under this chapter and ORS chapters 447 and 479, with respect to specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers licensed under ORS 455.457, if the director has reason to believe that there is a failure to enforce or there is a violation of any provision of this chapter or ORS chapters 447 and 479 or any rule adopted thereunder, the director may:

�� (a) Examine building code activities of specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers;

�� (b) Take sworn testimony; and

�� (c) With the authorization of the office of the Attorney General, subpoena persons and records to obtain testimony on official actions that were taken or omitted or to obtain documents otherwise subject to public inspection under ORS 192.311 to

ORS 455.473

455.473, 455.477 and 455.897 and section 10, chapter 1045, Oregon Laws 1999. [1999 c.1045 �5; 2003 c.14 �283]

�� Note: See note under 455.455.

�� 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

ORS 455.492

455.492 (1)(a) to (e), the Construction Industry Energy Board may not recommend the standard to the director unless all of the Construction Industry Energy Board members who are members of the advisory board that administers that specialty code approve of recommending the standard.

�� (3) Notwithstanding any provision of this chapter or ORS chapter 446 or ORS 479.510 to 479.945 or 479.950, or any provision of ORS chapter 447 regulating fixture installations or regulating plumbing products, the director may adopt or reject a proposed standard recommended by the Construction Industry Energy Board without further consultation of an advisory board. No later than 30 days after the director receives the proposed standard, the director shall initiate a process for considering the approval or rejection of the recommended proposed standard. If the director approves the standard, the director shall file the standard with the Secretary of State under ORS 183.335 as a rule amending the state building code.

�� (4) The Construction Industry Energy Board shall identify and give notice to the director of the specialty codes that are affected by a recommended proposed standard. If the director adopts the standard as a rule, the rule shall be enforceable as a specialty code provision administered by the board and enforceable by any appropriate advisory board as a provision of the code administered by that advisory board. [2009 c.567 �3; 2013 c.255 �4]

�� Note: See note under 455.492.

�� 455.500 Reach Code; applicability; amendment. (1) The Director of the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, shall adopt, amend and administer a code separate from the state building code, to be known as the Reach Code. The director shall design the code to increase energy efficiency in buildings that are newly constructed, reconstructed, altered or repaired.

�� (2) The Reach Code shall be a set of statewide optional construction standards and methods that are economically and technically feasible, including any published generally accepted codes and standards newly developed for construction or for the installation of products, equipment and devices. When adopting or amending the code, the director, in consultation with the appropriate advisory boards, shall:

�� (a) Review generally accepted codes and standards that achieve greater energy efficiency than the energy efficiency required by the state building code; and

�� (b) Review technical components of generally accepted construction documents as the director considers necessary to address federal, state and local financial incentives and advances in construction methods, standards and technologies.

�� (3) When amending the state building code under ORS 455.030, the director shall consider whether any of the standards and methods contained in the Reach Code should be removed from the Reach Code and adopted in the state building code.

�� (4) The inclusion of a standard or method for construction or for the installation of products, equipment or devices in the Reach Code:

�� (a) Does not alter any licensing or certification requirements under ORS 446.003 to 446.200,

ORS 455.496

455.496, 455.610, 455.680, 460.085, 460.360, 479.730 (1) or 480.545.

�� (b) Does not mean regulations adopted by the State Fire Marshal pursuant to ORS chapter 476 or ORS 479.015 to 479.200 and 479.210 to 479.220.

�� (8) �State building code� means the combined specialty codes.

�� (9) �Structural code� means the specialty code prescribing structural standards for building construction.

�� (10) �Unsafe condition� means a condition caused by earthquake which is determined by the department or any representative of the department to be dangerous to life and property. �Unsafe condition� includes but is not limited to:

�� (a) Any portion, member or appurtenance of a building that has become detached or dislodged or appears likely to fail or collapse and thereby injure persons or damage property; or

�� (b) Any portion, of a building or structure that has been damaged by earthquake, or by fire or explosion resulting from an earthquake, to the extent that the structural strength or stability of the building is substantially less than it was prior to the earthquake. [Formerly 456.750; 1991 c.227 �1; 1991 c.310 �1; 1993 c.18 �112; 1993 c.744 �85; 1997 c.259 �3; 1999 c.484 �1; 1999 c.1045 �12; 2003 c.655 �75; 2003 c.675 ��10,11; 2009 c.567 ��4,13; 2019 c.401 ��3,10; 2019 c.422 �16]

�� 455.015 Legislative findings. The Legislative Assembly finds and declares that:

�� (1)(a) It is in the best interests of this state that construction-related development activities proceed in a manner that is as quick and efficient as practicable;

�� (b) Ensuring that construction-related development activities proceed quickly and efficiently requires a flexible and responsive system for state building code administration and enforcement; and

�� (c) Having a flexible and responsive system for state building code administration and enforcement requires that sufficient staff and resources be available to assist the Director of the Department of Consumer and Business Services as needed.

�� (2) It is in the best interests of this state that state building code regulations encourage economic development, experimentation, innovation and cost effectiveness in construction, especially construction in rural or remote parts of this state. [2013 c.528 �2]

�� Note: 455.015 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.

�� 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.

�� (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.

�� (3) This chapter does not affect the statutory jurisdiction and authority of the Workers� Compensation Board, under ORS chapter 654, to promulgate occupational safety and health standards relating to places of employment, and to administer and enforce all state laws, regulations, rules, standards and lawful orders requiring places of employment to be safe and healthful.

�� (4) This chapter and any specialty code does not limit the authority of a municipality to enact regulations providing for local administration of the state building code; local appeal boards; fees and other charges; abatement of nuisances and dangerous buildings; enforcement through penalties, stop-work orders or other means; or minimum health, sanitation and safety standards for governing the use of structures for housing, except where the power of municipalities to enact any such regulations is expressly withheld or otherwise provided for by statute. Pursuant to the regulation of dangerous buildings, a municipality may adopt seismic rehabilitation plans that provide for phased completion of repairs that are designed to provide improved life safety but that may be less than the standards for new buildings. [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]

�� 455.022 Appropriation of program fees established by department rule. All moneys deposited to the Consumer and Business Services Fund that are derived pursuant to ORS 455.240 or

ORS 455.525

455.525 and this section. [Formerly 456.745 and then 456.742; 2003 c.675 �30; 2009 c.567 ��6,20]

�� 455.535 Exercise of departmental authority and discretion to aid in reduction of greenhouse gas emissions; priorities and departmental decision making; actions and consultations; goal setting; investigations; approval of advisory boards and committees; reports; update of Reach Code; rules. (1) The Department of Consumer and Business Services shall, after obtaining approval from the appropriate advisory board and as the department�s responsibilities relate to efficiency or resiliency in buildings:

�� (a) Exercise any and all authority and discretion the department has available under applicable law to help to facilitate, at a minimum, emissions reductions consistent with the greenhouse gas emissions reduction goals specified in ORS 468A.205;

�� (b) In addition to the department�s existing responsibilities, prioritize and take such actions as are necessary to accelerate reductions in greenhouse gas emissions, including but not limited to rulemaking processes; and

�� (c) Consider and integrate the prevention or reduction of impacts from climate change and the state�s greenhouse gas emissions reduction goals into the department�s planning, budgeting, investment and policy-making decisions, which must involve, at a minimum:

�� (A) Prioritizing actions that reduce greenhouse gas emissions in a cost-effective manner;

�� (B) Prioritizing actions that help vulnerable populations and environmental justice communities, as defined in ORS 469A.400, adapt to impacts from climate change; and

�� (C) Consulting with the Environmental Justice Council when evaluating priorities the department sets and actions the department takes to adapt to and mitigate the impacts from climate change.

�� (2)(a) In addition to the general directives specified in subsection (1) of this section, the department, after obtaining approval from the appropriate advisory board, shall contribute to the state�s achievement of greenhouse gas emissions reduction goals and the mitigation of impacts from climate change by:

�� (A) Setting goals for improved energy efficiency in buildings for each code development cycle; and

�� (B) Investigating the potential benefits and the feasibility of updating building ventilation standards and of specifying standards for air cleaners present in building mechanical systems and in occupied indoor spaces.

�� (b) To carry out the directives specified in paragraph (a)(A) of this subsection, the Department of Consumer and Business Services shall:

�� (A) Obtain the approval of the department�s advisory boards and committees and consult with the State Department of Energy to specify energy efficiency goals for new residential and commercial construction that aim to achieve by 2030, at each new residential or commercial building site, at least a 60 percent reduction in annual energy consumption from standards specified in the statewide building code and applicable specialty codes that were in effect in 2006, excluding consumption of electricity in transportation or in powering appliances or other loads that the statewide building code or specialty codes do not regulate;

�� (B) Consult with the State Department of Energy and seek approval of the appropriate advisory boards to identify metrics derived from best practices and academic research to inform updates to the statewide building code and applicable specialty codes specifying a baseline for, and achievable reductions in, energy consumption;

�� (C) Report not later than December 31 of every third year, beginning with December 31, 2023, to an interim committee of the Legislative Assembly related to the environment concerning:

�� (i) The Department of Consumer and Business Services� evaluation of progress toward achieving the goals the department specifies under subparagraph (A) of this paragraph; and

�� (ii) Options for achieving the goals over the course of the subsequent three updates to the statewide building code and applicable specialty codes;

�� (D) Outline and evaluate for feasibility in the report described in subparagraph (C) of this paragraph a range of available options for achieving steady progress toward the goals described in subparagraph (A) of this paragraph over the course of scheduled updates to the statewide building code and applicable specialty codes that occur up until 2030; and

�� (E) Update the Reach Code described in ORS 455.500 through rulemaking and after obtaining approval from the appropriate advisory boards to reflect incremental progress toward the goals specified in subparagraph (A) of this paragraph each time the Department of Consumer and Business Services updates the statewide building code and applicable specialty codes.

�� (3) In carrying out the directives set forth in this section, the Department of Consumer and Business Services shall consider industry standards including, where appropriate, standards promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. [2023 c.442 �6]

�� Note: 455.535 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Energy Conservation Standards for Public Buildings)

�� 455.560 Definitions for ORS 455.560 to 455.580. As used in ORS 455.560 to 455.580, unless the context requires otherwise:

�� (1) �Department� means the Department of Consumer and Business Services.

�� (2) �Director� means the Director of the Department of Consumer and Business Services.

�� (3) �Person� means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people�s utility district, or any other entity, public or private, however organized.

�� (4) �Public buildings� means any building, including outdoor area adjacent thereto, which is open to the public during normal business hours, except exempted buildings. Each of the following is a public building within the meaning of ORS 455.560 to

ORS 455.580

455.580, unless it or any portion thereof is exempted by rule or order pursuant to ORS 455.570 (2), (3) and (4):

�� (a) Any building which provides facilities or shelter for public assembly, or which is used for educational, office or institutional purposes;

�� (b) Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retails merchandise;

�� (c) Any portion of an industrial plant building used primarily as office space; or

�� (d) Any building owned by the state or political subdivision thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas and university buildings. [Formerly 456.746; 1993 c.744 �96]

�� 455.565 Purpose of ORS 455.560 to 455.580. It is the purpose of ORS 455.560 to 455.580 to promote, encourage and require measures to conserve energy in public buildings. [Formerly 456.744]

�� 455.570 Maximum lighting standards for new public buildings; exemptions. (1) After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in this chapter, shall establish maximum lighting standards for public buildings constructed on or after July 1, 1978. Such standards may distinguish between type of design, the uses to which buildings are put, location, age or any other applicable classification.

�� (2) Such standards shall allow for:

�� (a) Differences in lighting levels within public buildings for special areas and uses, including but not limited to hospital, drafting room, and advertising display, and for other areas and activities requiring special illumination.

�� (b) The interaction between lighting and heating systems.

�� (c) Occupational safety and health standards.

�� (3) The director may by rule or order exempt from the maximum lighting standards, new public buildings or portions thereof that:

�� (a) Are of insufficient size to warrant maximum lighting standard regulations;

�� (b) Should be allowed a specific period of time before compliance with maximum lighting standards is required;

�� (c) Are difficult or impractical to regulate based upon location;

�� (d) Are not open to the public during normal business hours;

�� (e) Are impractical to regulate, based upon unique design; or

�� (f) Would not be benefited by regulation, based upon the insignificant amount of energy possible to conserve.

�� (4) Any person subject to ORS 455.560 to 455.580 may apply to the director for an exemption under this section. [Formerly 456.747; 2009 c.567 �7]

�� 455.573 Outdoor shielded lighting fixtures; waiver by municipality. (1) Public buildings constructed on or after January 1, 2010, or on which outdoor lighting fixtures attached to the building are replaced on or after January 1, 2010, shall have installed to the greatest practicable extent shielded lighting fixtures for outdoor use.

�� (2) Notwithstanding ORS 455.020 and 455.040, a municipality may enact an ordinance or resolution that meets or exceeds the requirements established under subsection (1) of this section.

�� (3) If a municipality determines that the use of shielded lighting is not practical for a public building because of the historical character of the building or for other reasons, the municipality may waive the requirements for the use of shielded lighting established under this section.

�� (4) As used in this section, �shielded lighting� means a lighting fixture that has a covering or is designed to ensure that direct or indirect light rays emitted from the fixture are projected below a horizontal plane running through the lowest light-emitting point of the fixture. [2009 c.588 �6]

�� 455.575 Advisory lighting standards for public buildings constructed before July 1, 1978. After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in ORS chapter 183, shall establish advisory maximum lighting standards for public buildings constructed before July 1, 1978, based on the factors set forth in ORS 455.570. [Formerly 456.748; 2009 c.567 �8]

�� 455.580 Status of powers of director. The powers and duties given the Director of the Department of Consumer and Business Services by ORS 455.560 to 455.580 shall be in addition to, and not in derogation of, all other powers, duties and responsibilities vested in the director. [Formerly 456.749]

�� 455.595 Energy Efficient Construction Account. The State Treasurer is authorized to establish an Energy Efficient Construction Account for the purpose of providing energy engineering and technical assistance studies to state and other public buildings. Moneys credited to this account from payments for energy engineering or technical assistance studies and other revenues as authorized by the appropriate legislative review agency are continuously appropriated for the payment of these expenses. [1987 c.206 �6]

�� Note: 455.595 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

LOW-RISE RESIDENTIAL DWELLING CODE; SMALL HOMES

�� 455.610 Low-Rise Residential Dwelling Code; alternate methods of construction; alternate approval for conversion; appeal; rules. (1) The Director of the Department of Consumer and Business Services shall adopt, and amend as necessary, a Low-Rise Residential Dwelling Code that contains all requirements, including structural design provisions, related to the construction of residential dwellings three stories or less above grade. The code provisions for plumbing and electrical requirements must be compatible with other specialty codes adopted by the director. The Electrical and Elevator Board, the Mechanical Board and the State Plumbing Board shall review, respectively, amendments to the electrical, mechanical or plumbing provisions of the code.

�� (2) Changes or amendments to the code adopted under subsection (1) of this section may be made when:

�� (a) Required by geographic or climatic conditions unique to Oregon;

�� (b) Necessary to be compatible with other statutory provisions;

�� (c) Changes to the national codes are adopted in Oregon; or

�� (d) Necessary to authorize the use of building materials and techniques that are consistent with nationally recognized standards and building practices.

�� (3) Notwithstanding ORS 455.030, 455.035, 455.110 and 455.112, the director may, at any time following appropriate consultation with the Mechanical Board or Building Codes Structures Board, amend the mechanical specialty code or structural specialty code to ensure compatibility with the Low-Rise Residential Dwelling Code.

�� (4) The water conservation provisions for toilets, urinals, shower heads and interior faucets adopted in the Low-Rise Residential Dwelling Code shall be the same as those adopted under ORS 447.020 to meet the requirements of ORS 447.145.

�� (5) The Low-Rise Residential Dwelling Code shall be adopted and amended as provided by ORS

ORS 455.800

455.800 to 455.820, including but not limited to rules establishing application, examination, certification and renewal fees. [2001 c.406 �3]

�� Note: See note under 455.800.

�� 455.815 Establishment of master builder programs; waiver of inspections; builder verification of performance. (1) Local government establishment of a master builder program is voluntary. A local government electing to establish or terminate a program shall notify the Department of Consumer and Business Services. If terminating a program, the local government must give the notice six months before the program terminates.

�� (2) The Department of Consumer and Business Services may implement a master builder program in one or more geographic areas for which the department provides plan review or inspection services. A department decision to include an area as a participant in the program affects only those areas, and those reviews or inspections, for which the department provides services instead of a local government. The department shall notify a county prior to implementing a master builder program in areas of the county that are served by the department.

�� (3) A local government may not allow an individual to perform the duties of a master builder unless the local government has a master builder program. The department may allow an individual to perform the duties of a master builder in any geographic area administered by the department.

�� (4) A building official of a government having a master builder program may waive plan review elements by that government and may waive government performance of one or more of the required inspections identified by department rule, including but not limited to inspections described in subsection (6) of this section, if:

�� (a) An individual certified as a master builder submits construction plans for a one or two family dwelling regulated by the Low-Rise Residential Dwelling Code; and

�� (b) The building official determines that:

�� (A) The work is not of a highly technical nature; and

�� (B) There is no unreasonable potential risk to safety of the structure.

�� (5) A building official may not waive government performance of plan review or required inspections for:

�� (a) Special design applications that are complex and highly technical engineered systems; or

�� (b) Unique building sites, including but not limited to sites containing geologic hazards such as landslide hazard areas, floodplains and wetlands.

�� (6) Subject to subsections (3) to (5) of this section, a building official may allow a master builder to verify that the master builder has properly performed an installation on a project and, to the extent that inspection would duplicate the verification conducted by the master builder, may waive government performance of the following required inspections:

�� (a) Drywall;

�� (b) Footings and setbacks;

�� (c) Foundation walls, Ufer grounding rods and rebar;

�� (d) Insulation;

�� (e) Masonry fireplace pre-cover;

�� (f) Masonry rebar;

�� (g) Gutters, downspouts and foundation drains;

�� (h) Roof sheathing nailing;

�� (i) Suspended ceilings;

�� (j) Underfloor structural; and

�� (k) Wall sheathing nailing. [2001 c.406 �4; 2003 c.675 �40]

�� Note: See note under 455.800.

�� 455.820 Plan review and verification; documentation; duties of building official; effect of waiver revocation. (1) A master builder must perform all plan review and required verifications for which government review or inspection has been waived by a building official. The master builder shall maintain copies of all documents and reports required by the government granting the waiver and provide those copies to the building official.

�� (2) When waiving government performance of plan review or required inspections, a building official shall require the master builder to sign a form that specifically identifies each waiver and states that the master builder accepts the duty of performing the review and verifications. A master builder who accepts the duty of performing a review or verification remains responsible for that duty unless released by written and signed permission of the building official. A building official may release a master builder from a review or verification duty by a written and signed assumption of the review or inspection duty by the building official or written and signed assumption of the review and verification duty by another master builder.

�� (3) A building official for a government that has a master builder program:

�� (a) Must conduct inspections of at least 10 percent of projects that are built under a master builder program;

�� (b) May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, review or verification duties; and

�� (c) Must notify the Department of Consumer and Business Services when the official revokes a waiver pursuant to paragraph (b) of this subsection.

�� (4) When revoking a waiver, a building official shall provide the master builder with a release under subsection (2) of this section from future performance of review or verification duties. A release does not relieve a master builder from liability for the failure to perform, or document performance of, review or verification duties prior to the revocation of the waiver.

�� (5) A government having a master builder program has no legal duty with regard to plan review or required inspections properly waived under ORS 455.815 and accepted by a master builder in a signed form described under subsection (2) of this section. This subsection does not release a government from a duty arising due to a waiver revocation under subsection (3) of this section or an assumption under subsection (2) of this section.

�� (6) A local government may refuse to grant recognition to a certified master builder if a waiver granted to the master builder under that government�s master builder program has been revoked pursuant to subsection (3)(b) of this section. If a waiver is revoked pursuant to subsection (3)(b) of this section, a local government or building official may send a recommendation to the department for action against the master builder who was granted the waiver. The local government or building official may also send the department any information supporting the recommendation. [2001 c.406 �5]

�� Note: See note under 455.800.

(Temporary provisions relating to a lumber grading training pilot program)

�� Note: Sections 1, 2 and 3, chapter 625, Oregon Laws 2025, provide:

�� Sec. 1. (1) The Oregon State University Extension Service shall, in consultation with the Department of Consumer and Business Services, establish a basic lumber grading training pilot program to be offered annually through the extension service. Establishment of the pilot program under this subsection must include a determination of the:

�� (a) General requirements for successfully completing the pilot program.

�� (b) Requirements for initial certification and recertification.

�� (c) Content of the pilot program. At minimum, the content of the pilot program must include:

�� (A) A minimum of eight instructional hours, including hands-on practice with physical lumber samples; and

�� (B) Instruction in regionally relevant species identification, moisture content considerations and visual grading criteria for structural dimension lumber.

�� (d) Certification requirements for instructors teaching the pilot program. At minimum, to be certified instructors must:

�� (A) Demonstrate substantial expertise in visual lumber grading through:

�� (i) A valid grader certification from an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber;

�� (ii) Seven years of professional experience in lumber grading, quality control or wood products education, with demonstrated knowledge of visual grading rules applicable to regionally relevant species; or

�� (iii) Equivalent qualifications approved by the extension service based on professional history, training and relevant industry involvement; and

�� (B) Maintain continued competency through industry involvement, refresher coursework or other methods approved by the extension service.

�� (2) The extension service shall issue certifications and recertifications to those individuals who have successfully completed the pilot program.

�� (3) An individual who holds an initial certification as having successfully completed the pilot program must be recertified every five years. [2025 c.625 �1]

�� Sec. 2. (1) As used in this section:

�� (a) �Self-graded lumber� means lumber graded by an individual who is certified to grade lumber through the pilot program established under section 1 of this 2025 Act.

�� (b) �Third-party graded lumber� means lumber bearing a valid grade stamp from a grading agency accredited by an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber.

�� (2) The Department of Consumer and Business Services shall establish by rule a process by which a builder, designer or owner may use lumber that is tested and approved by an individual who is certified under section 1 of this 2025 Act.

�� (3) The process established under subsection (2) of this section:

�� (a) May not establish, create or accept any new grade or design value as part of the state�s building code.

�� (b) Shall permit the use of self-graded lumber only for structures that are subject to the Oregon Residential Specialty Code.

�� (c) Shall require that the intent of a builder, design professional, contractor and homeowner to use self-graded lumber must be disclosed in writing at the time of the building permit application. Disclosure under this paragraph must be made to an inspector who is licensed by the department or a municipality administering and enforcing a building inspection program. The writing required under this paragraph must be filed with the county clerk, who shall make the writing a part of the permanent deed record of the property.

�� (d) Shall include that the lumber used for self-graded lumber must originate from a known source, requiring a documented relationship or permit between the lumber owner and the purchaser of the milled lumber.

�� (4)(a) No manufacturer, distributor, wholesaler, retailer or grader of third-party graded lumber may be held liable in whole or in part for a failure of or defect in self-graded lumber incorporated in the same structure.

�� (b) This subsection applies only to structures permitted under subsection (3)(b) of this section in which self-graded lumber is incorporated. [2025 c.625 �2]

�� Sec. 3. Sections 1 and 2 of this 2025 Act are repealed on January 2, 2033. [2025 c.625 �3]

�� 455.840 [Formerly 705.700; repealed by 2003 c.675 �49]

�� 455.842 [Formerly 705.705; 2003 c.675 �41; 2005 c.833 �5; renumbered 455.044 in 2005]

�� 455.844 [Formerly 705.710; 2003 c.675 �42; 2005 c.833 ��6,10; renumbered 455.046 in 2005]

�� 455.846 [Formerly 705.715; 2003 c.675 �43; renumbered 455.048 in 2005]

�� 455.848 [Formerly 705.720; repealed by 2003 c.675 �49]

PENALTIES

�� 455.895 Civil penalties. (1)(a) 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.

�� (b) 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.

�� (c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS

ORS 455.897

455.897�� Criminal penalties

ADMINISTRATION

(Generally)

�� 455.010 Definitions for ORS chapter 455. As used in this chapter, unless the context requires otherwise:

�� (1)(a) �Advisory board� means the board with responsibility for assisting in the adoption, amendment or administration of a specialty code, specifically:

�� (A) The Building Codes Structures Board established under ORS 455.132;

�� (B) The Electrical and Elevator Board established under ORS 455.138;

�� (C) The State Plumbing Board established under ORS 693.115;

�� (D) The Board of Boiler Rules established under ORS 480.535;

�� (E) The Residential and Manufactured Structures Board established under ORS 455.135;

�� (F) The Mechanical Board established under ORS 455.140; or

�� (G) The Construction Industry Energy Board established under ORS 455.492.

�� (b) �Appropriate advisory board� means the advisory board that has jurisdiction over a particular code, standard, license, certification or matter.

�� (2) �Department� means the Department of Consumer and Business Services.

�� (3) �Director� means the Director of the Department of Consumer and Business Services.

�� (4) �Low-Rise Residential Dwelling Code� means the adopted specialty code prescribing standards for the construction of residential dwellings that are three stories or less above grade and have an exterior door for each dwelling unit, but are not facilities or homes described in ORS 443.400 or transient lodging.

�� (5) �Municipality� means a city, county or other unit of local government otherwise authorized by law to administer a building code.

�� (6) �Prefabricated structure�:

�� (a) Means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site.

�� (b) Does not mean a manufactured dwelling.

�� (7) �Specialty code�:

�� (a) Means a code of regulations adopted under ORS 446.062, 446.185, 447.020 (2), 455.020 (2),

ORS 456.785

456.785; 1991 c.94 �2; 1993 c.744 �86; 1997 c.227 �1; 2003 c.368 �3; 2003 c.675 �12; 2023 c.594 �10]

�� 455.035 Effective date of rules. (1) Any rule adopted under this chapter or ORS 447.010 to 447.156 and 447.992 or 479.510 to 479.945 and 479.995 shall not become effective on a date other than January 1, April 1, July 1 or October 1.

�� (2) Notwithstanding subsection (1) of this section, a rule adopting construction standards, materials, practices or provisions under the state building code may become effective on any date.

�� (3) The provisions of subsection (1) of this section do not apply to temporary rules adopted under ORS 183.335 (5). [1995 c.553 �11; 1999 c.116 �1; 2005 c.734 �3]

�� Note: 455.035 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.

�� 455.040 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

ORS 456.788

456.788 (4) does not apply, a written notice that provides the earliest date that the affordability restriction could be terminated, in the form prescribed by the Housing and Community Services Department by rule. [2025 c.141 �2]

�� Note: 90.308 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.310 Disclosure of legal proceedings; tenant remedies for failure to disclose; liability of manager. (1) If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord shall disclose that circumstance to the tenant in writing before the execution of the rental agreement:

�� (a) Any outstanding notice of default under a trust deed, mortgage or contract of sale, or notice of trustee�s sale under a trust deed;

�� (b) Any pending suit to foreclose a mortgage, trust deed or vendor�s lien under a contract of sale;

�� (c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or

�� (d) Any pending proceeding to foreclose a tax lien.

�� (2) If the tenant moves as a result of a circumstance that the landlord failed to disclose as required by subsection (1) of this section, the tenant may recover twice the actual damages or twice the monthly rent, whichever is greater, and all prepaid rent, in addition to any other remedy that the law may provide.

�� (3) This section shall not apply to premises managed by a court appointed receiver.

�� (4) A manager who has complied with ORS 90.305 shall not be liable for damages under this section if the manager had no knowledge of the circumstances that gave rise to a duty of disclosure under subsection (1) of this section. [Formerly 91.766; 1997 c.249 �31]

�� 90.315 Utility or service payments; additional charges; responsibility for utility or service; remedies. (1) As used in this section:

�� (a) �Public service� means municipal services and the provision of public resources related to the dwelling unit, including street maintenance, transportation improvements, public transit, public safety and parks and open space.

�� (b)(A) �Public service charge� means a charge imposed on a landlord by a utility or service provider, by a utility or service provider on behalf of a local government or directly by a local government.

�� (B) �Public service charge� does not include real property taxes, income taxes, business license fees or dwelling inspection fees.

�� (c) �Sewer service� includes storm water service and wastewater service.

�� (d) �Utility or service� includes but is not limited to electricity, natural or liquid propane gas, oil, water, hot water, heat, air conditioning, cable television, direct satellite or other video subscription services, Internet access or usage, sewer service, public services and garbage collection and disposal.

�� (2) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy any utility or service that the tenant pays directly to a utility or service provider that benefits, directly, the landlord or other tenants. A tenant�s payment for a given utility or service benefits the landlord or other tenants if the utility or service is delivered to any area other than the tenant�s dwelling unit.

�� (3) If the landlord knowingly fails to disclose those matters required under subsection (2) of this section, the tenant may recover twice the actual damages sustained or one month�s rent, whichever is greater.

�� (4)(a) Except for tenancies covered by ORS 90.505 to 90.850, if a written rental agreement so provides, a landlord may require a tenant to pay to the landlord a utility or service charge or a public service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly, or for a public service provided indirectly, to the tenant�s dwelling unit or to a common area available to the tenant as part of the tenancy. A utility or service charge that shall be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from such a charge for the tenant�s dwelling unit.

�� (b)(A) If a rental agreement provides that a landlord may require a tenant to pay a utility or service charge, the landlord must bill the tenant in writing for the utility or service charge within 30 days after receipt of the provider�s bill. If the landlord includes in the bill to the tenant a statement of the rent due, the landlord must separately and distinctly state the amount of the rent and the amount of the utility or service charge.

�� (B) The landlord must provide to the tenant, in the written rental agreement or in a bill to the tenant, an explanation of:

�� (i) The manner in which the provider assesses a utility or service charge; and

�� (ii) The manner in which the charge is allocated among the tenants if the provider�s bill to the landlord covers multiple tenants.

�� (C) The landlord must:

�� (i) Include in the bill to the tenant a copy of the provider�s bill; or

�� (ii) If the provider�s bill is not included, state that the tenant may inspect the provider�s bill at a reasonable time and place and that the tenant may obtain a copy of the provider�s bill by making a request to the landlord during the inspection and upon payment to the landlord for the reasonable cost of making copies.

�� (D) A landlord may require that a bill to the tenant for a utility or service charge is due upon delivery of the bill. A landlord shall treat the tenant�s payment as timely for purposes of ORS 90.302 (3)(b)(A) if the payment is made by a date that is specified in the bill and that is not less than 30 days after delivery of the bill.

�� (E) If a written rental agreement so provides, the landlord may deliver a bill to the tenant as provided in ORS 90.155 or by electronic means.

�� (c) Except as provided in this paragraph, a utility or service charge may only include the cost of the utility or service as billed to the landlord by the provider. A landlord may add an additional amount to a utility or service charge billed to the tenant if:

�� (A) The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage;

�� (B) The additional amount is not more than 10 percent of the utility or service charge billed to the tenant;

�� (C) The total of the utility or service charge and the additional amount is less than the typical periodic cost the tenant would incur if the tenant contracted directly with the provider for the cable television, direct satellite or other video subscription services or for Internet access or usage;

�� (D) The written rental agreement providing for the utility or service charge describes the additional amount separately and distinctly from the utility or service charge; and

�� (E) Any billing or notice from the landlord regarding the utility or service charge lists the additional amount separately and distinctly from the utility or service charge.

�� (d)(A) A landlord must provide 60 days� written notice to a tenant before the landlord may amend an existing rental agreement for a month-to-month tenancy to require a tenant to pay a public service charge that was adopted by a utility or service provider or a local government within the previous six months.

�� (B) A landlord may not hold a tenant liable for a public service charge billed to a previous tenant.

�� (C) A landlord may not require a tenant to agree to the amendment of an existing rental agreement, and may not terminate a tenant for refusing to agree to the amendment of a rental agreement, if the amendment would obligate the tenant to pay an additional amount for cable television, direct satellite or other video subscription services or for Internet access or usage as provided under paragraph (c) of this subsection.

�� (e) A utility or service charge, including any additional amount added pursuant to paragraph (c) of this subsection, is not rent or a fee. Nonpayment of a utility or service charge is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 but is grounds for termination of a rental agreement for cause under ORS 90.392.

�� (f) If a landlord fails to comply with paragraph (a), (b), (c) or (d) of this subsection, the tenant may recover from the landlord an amount equal to one month�s periodic rent or twice the amount wrongfully charged to the tenant, whichever is greater.

�� (5)(a) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service prior to moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

�� (A) Pay the outstanding amount and deduct the amount from the rent;

�� (B) Enter into a mutual agreement with the landlord to resolve the lack of service; or

�� (C) Immediately terminate the rental agreement by giving the landlord actual notice and the reason for the termination.

�� (b) If the tenancy terminates, the landlord shall return all moneys paid by the tenant as deposits, rent or fees within four days after termination.

�� (6) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service after moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

�� (a) Pay the outstanding amount and deduct the amount from the rent; or

�� (b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service or the availability of service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

�� (A) Within four days after termination, all rent and fees; and

�� (B) All of the security deposit owed to the tenant under ORS 90.300.

�� (7) If a landlord, under the rental agreement, is responsible for a utility or service and the utility or service is shut off due to a nonpayment of an outstanding amount, the tenant may either:

�� (a) Pay the outstanding balance and deduct the amount from the rent; or

�� (b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

�� (A) Within four days after termination, all rent prepaid for the month in which the termination occurs prorated from the date of termination or the date the tenant vacates the premises, whichever is later, and any other prepaid rent; and

�� (B) All of the security deposit owed to the tenant under ORS 90.300.

�� (8) If a landlord fails to return to the tenant the moneys owed as provided in subsection (5), (6) or (7) of this section, the tenant shall be entitled to twice the amount wrongfully withheld.

�� (9) This section does not preclude the tenant from pursuing any other remedies under this chapter. [Formerly 91.767; 1993 c.786 �2; 1995 c.559 �14; 1997 c.577 �16; 1999 c.603 �18; 2005 c.391 �19; 2009 c.816 �4a; 2011 c.503 �7; 2015 c.388 �8]

�� 90.316 Carbon monoxide alarm. (1) Unless a dwelling unit contains one or more properly functioning carbon monoxide alarms installed in compliance with State Fire Marshal rules and with any applicable requirements of the state building code when a tenant takes possession of the dwelling unit, a landlord may not enter into a rental agreement creating a new tenancy in the dwelling unit if the dwelling unit:

�� (a) Contains a carbon monoxide source; or

�� (b) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft.

�� (2) The landlord shall provide a new tenant with alarm testing instructions as described in ORS

ORS 456.802

456.802; 1999 c.1045 �14; 2001 c.411 �16]

�� Note: 455.080 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.083 Enjoining violations of state building code. If the Department of Consumer and Business Services has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of the state building code or of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 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 under those statutes, the department may, without bond, bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with the state building code and ORS 446.003 to 446.200, 446.225 to 446.285,

ORS 456.820

456.820]

�� 455.732 Certification of inspectors to perform duties in building code administrative regions; training program recognition. (1) As used in this section, �building code administrative region� means a region established by the Director of the Department of Consumer and Business Services under ORS 455.042 for the uniform administration of the state building code.

�� (2) The authority of the director under ORS 455.720 and 455.723 to specify terms, conditions and classifications for the certification of inspectors includes the authority to certify an inspector to perform inspections under multiple specialty codes or parts of a specialty code.

�� (3) The director may provide for an inspector who is likely to be employed or otherwise authorized within a specific building code administrative region to be certified to perform inspections throughout a building code administrative region, whether within or outside of a municipality. The director may recognize any training program certified by the director under ORS 455.723 or 455.725 for purposes of certifying an inspector to perform inspections throughout a building code administrative region. This subsection does not require a municipality administering and enforcing a building inspection program under ORS 455.148 or 455.150 to allow an inspector certified under this subsection who is not employed or otherwise authorized by the municipality to perform building inspections on behalf of the municipality.

�� (4) In determining the appropriate experience, training or other qualifications for an inspector under ORS 455.720 or 455.723, the director shall consult with the appropriate advisory boards. The factors to be considered by the director may include, but need not be limited to:

�� (a) Any factors specific to, or of particular relevance to, a specialty code or to the types of buildings, structures, systems or equipment in a geographic area that are inspected under the specialty code;

�� (b) Staffing levels or other specific criteria for building inspection programs established by a municipality within which the inspector is likely to be employed or otherwise authorized to perform inspections, or for building inspection programs established by the director; and

�� (c) Any factors specific to, or of particular relevance to, the building code administrative region within which the inspector is likely to be employed or otherwise authorized to perform inspections.

�� (5) In determining the scope of certifications and qualifications for an inspector, the director may utilize field training equivalency, independent evaluations or other methods the director deems appropriate. [2013 c.110 �2; 2021 c.599 �11]

�� 455.735 Issuance and renewal of certificates; fees; rules. (1) The Director of the Department of Consumer and Business Services may issue certificates for building officials and building inspectors under ORS 455.715 to 455.740.

�� (2) Any person desiring issuance of an initial certificate as a building official or inspector shall make application to the director upon such forms as the director may prescribe for such purpose and pay an application fee.

�� (3) If the director requires, by rule, an applicant for a particular certification to pass an examination prepared by a national organization, the applicant shall pay in addition to the fee required in subsection (2) of this section, the cost of the examination. If the director requires an applicant for certification to pass an examination administered by the Department of Consumer and Business Services, the department may charge the applicant an examination administration fee.

�� (4) Upon determining that the applicant is qualified under ORS 455.715 to 455.740, the director shall issue a certificate or cause a certificate to be issued to the applicant.

�� (5) A certificate issued under this section shall be valid for a term established by the department by rule. An applicant for renewal of a certificate shall submit an application on a form approved by the director and pay a renewal application fee.

�� (6) The department may adopt rules establishing certificate renewal requirements and establishing reasonable fees under this section.

�� (7) The department may charge fees for participation in training programs approved or established by the department under ORS 455.220 or 455.715 to 455.740. [Formerly

ORS 456.925

456.925]

�� 455.330 Counties authorized to exempt owner-built dwellings in rural areas from structural code. Notwithstanding ORS 455.040, a county may by ordinance:

�� (1) Exempt owner-built dwellings and outbuildings in any rural area within that county from compliance with the structural code, except as provided in ORS 455.340; and

�� (2) Establish maximum value or size limitations for structures exempted from the structural code under subsection (1) of this section. [Formerly 456.930]

�� 455.335 Rural areas to be mapped; building permit issuance for exempt dwellings limited. (1) A county exempting owner-built dwellings and outbuildings in rural areas from the structural code under ORS

ORS 456.950

456.950]

(Mercury Thermostats)

�� 455.355 Rules governing mercury thermostats. (1) The Director of the Department of Consumer and Business Services shall, by rule:

�� (a) Prohibit the installation of thermostats that contain mercury in commercial and residential buildings. The director may not, under rules developed pursuant to this paragraph, prohibit the installation of thermostats that contain mercury on industrial equipment used for safety controls.

�� (b) Establish a uniform notification and process for disposal and delivery of mercury thermostats by persons installing heating, ventilation or air conditioning systems. Persons installing heating, ventilation or air conditioning systems shall dispose of mercury thermostats according to the process established pursuant to this paragraph.

�� (2) As used in this section, �thermostat� means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. [2001 c.924 �3]

�� Note: 455.355 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.

(Carbon Monoxide)

�� 455.360 Carbon monoxide alarms. (1) As used in this section, �carbon monoxide alarm� has the meaning given that term in ORS 105.836.

�� (2) A carbon monoxide alarm is required in a structure that:

�� (a) Is new construction or that undergoes reconstruction, alteration or repair for which a building permit is required; and

�� (b) Is identified under the structural specialty code as a residential Group R structure.

�� (3) A carbon monoxide alarm required by this section must be installed in accordance with the manufacturer�s instructions and any applicable requirements of the state building code. [2009 c.591 �8]

�� Note: 455.360 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.

(Radon)

�� 455.365 Radon mitigation standards. (1) The Building Codes Structures Board and the Residential and Manufactured Structures Board shall adopt design and construction standards for mitigating radon levels in new residential buildings that are identified under the structural specialty code as Group R-2 or R-3 buildings and new public buildings. In adopting the standards, the boards shall give consideration to any standards recommended by the United States Environmental Protection Agency for radon mitigation systems in buildings.

�� (2) The boards shall make the design and construction standards for mitigating radon levels applicable in:

�� (a) Baker, Clackamas, Hood River, Multnomah, Polk, Washington and Yamhill Counties; and

�� (b) Any county for which the boards, after consultation with the Oregon Health Authority, consider the standards appropriate due to local radon levels.

�� (3) The Director of the Department of Consumer and Business Services may authorize a municipality that administers and enforces one or more building inspection programs under ORS 455.148 or 455.150 to also administer and enforce any applicable standards for mitigating radon that are adopted by the boards.

�� (4) The director, in consultation with the boards, may adopt rules for the implementation, administration and enforcement of this section. [2010 c.83 �2]

�� Note: 455.365 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.

(Agriculture Workforce Housing)

�� 455.380 Department as final authority on agriculture workforce housing; rules; fees. (1) Notwithstanding the provisions of ORS 455.148 and 455.150, the Department of Consumer and Business Services is the final authority in interpretation, execution and enforcement of state and municipal administration of building codes and rules with respect to construction of agriculture workforce housing as defined in ORS 315.163.

�� (2) The department shall provide for a statewide uniform application and method of calculating permit fees for agriculture workforce housing as defined in ORS

ORS 456.975

456.975]

�� Note: See note under 455.640.

MUNICIPAL REVIEW AND INSPECTION

(Generally)

�� 455.675 Authorized substitutions in codes adopted by reference. For the purposes of the codes of regulations adopted under this chapter, unless the context clearly indicates otherwise, the following substitutions shall be made in any code adopted by reference as part of the state building code:

�� (1) �Building official� for �administrative authority.�

�� (2) �Governing body� for �mayor� and �city council.�

�� (3) �Municipality� for �city,� �county� or other unit of local government. [Formerly 456.875; 1999 c.1045 �17]

�� 455.680 Plan approval and permits for recreation or picnic park or camp; license; rules. (1) Plan approval and permits shall be obtained from the Department of Consumer and Business Services prior to construction, enlargement or alteration of any recreation park, picnic park or organizational camp as defined in ORS 446.310.

�� (2) If the department determines that the work conforms to the approved plans and specifications, it shall issue a final approval which shall, if all other conditions of ORS 455.010 to 455.240, 455.410 to 455.450 and 455.595 to 455.740 are met, authorize the issuance of a license by the Oregon Health Authority to operate the park or, in the case of then currently licensed parks, shall authorize continued operation for the remaining part of the licensing year.

�� (3) In accordance with ORS 455.010 to 455.240, 455.410 to 455.450 and 455.595 to 455.740 and in consultation and agreement with the authority, the department shall adopt rules to carry out this section. The rules adopted pursuant to this section shall be a specialty code as defined in ORS 455.010. [Formerly 446.337 and then 456.837; 1997 c.259 �2; 2009 c.595 �938]

�� 455.685 Review of plans and specifications to determine compliance; effect of approval; fees. The Director of the Department of Consumer and Business Services may, upon an application setting forth a set of plans and specifications that will be utilized in one or more municipalities to acquire building permits, review and approve the application for the construction or erection of any building or structure if such set of plans meets the requirements of the state building code. All costs incurred by the director by virtue of the examination of such a set of plans and specifications shall be paid by the applicant. The plans and specifications or any plans and specifications required to be submitted to a state agency shall be submitted to the director who shall examine the instruments and if necessary distribute them to the appropriate state agencies for scrutiny regarding adequacy as to fire safety, life safety and all other appropriate features. The state agencies shall examine and promptly return the plans and specifications together with their certified statement as to the adequacy of the instruments regarding that agency�s area of concern. The applicant shall submit the plans and specifications to a local building official prior to application for a building permit. The local building official shall review the plan for those features required by local ordinance or by any site-specific, geographic, geologic or climatic code requirements. A local building official shall issue a building permit upon application and presentation to the local building official of such a set of plans and specifications bearing the approval of the director if the requirements of all other local ordinances are satisfied. The director or local building official may assess such fees as necessary to recover the reasonable costs incurred to ensure the compliance of the plans and specifications with the state building code. [Formerly 456.840; 1997 c.856 �3]

�� 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]

�� 455.700 Validity of certain building permits. Building permits or certificates of occupancy validly issued before July 1, 1974, regarding buildings or structures being constructed or altered pursuant thereto, shall be valid thereafter and the construction may be completed pursuant to the building permit, unless the building official determines that life or property is in jeopardy. [Formerly 456.855]

�� 455.705 Prefabricated structures plan approval and inspections; approval of business or persons performing inspections; rules; fees; manufacturer compliance program; insignia of compliance or certification stamp required for certain transactions. (1) A manufacturer of prefabricated structures or manufacturer of prefabricated structure components may not contract with a municipality or a person to perform prefabricated structure plan approvals or inspections unless the person providing the plan approvals or inspections is certified or approved under subsection (2) of this section or is providing plan approvals or inspections for a prefabricated structure that is exempt under ORS 455.312 (1).

�� (2)(a) A person may not engage in plan approvals or inspections for a structure without being certified under ORS 455.715 to 455.740 or 479.810 unless the person is providing plan approvals or inspections for a structure that is exempt under ORS 455.312 (1).

�� (b) Except as provided in this paragraph, a person may not engage in the business of providing plan approvals or inspections for a structure without an approval issued by the Department of Consumer and Business Services. This paragraph does not apply to plan approval or inspection of a structure that is exempt under ORS 455.312 (1).

�� (3) In accordance with any applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services shall establish by rule a system for approval and regulation of businesses and persons who perform prefabricated structure plan approvals or inspections. This subsection does not authorize the director to require or regulate plan approval or inspection of a prefabricated structure that is exempt under ORS 455.312 (1). The system shall include but not be limited to the following provisions:

�� (a) Prescribing the form and content of and the times and procedures for submitting an application for the issuance or renewal of an approval.

�� (b) Prescribing the term of the approval and the fee for the original issue and renewal in an amount that does not exceed the cost of administering the approval system. The charge for review and approval of a third party inspection service shall not exceed, for the original issue, $400 and for the renewal, $200.

�� (c) Prescribing the conditions for initial issuance, renewal and maintenance of the approval for a person certified under ORS 455.715 to 455.740 or 479.810, including but not limited to the following provisions:

�� (A) Procedures and reports for plan approvals and inspections;

�� (B) Ethical practices and prohibitions of conflicts of interests with manufacturers of prefabricated structures and manufacturers and suppliers of parts and services;

�� (C) Insurance compliance requirements;

�� (D) Procedures for use and application of insignia of compliance; and

�� (E) Fees for and procedures for use and application of certification stamps.

�� (d) Prescribing other actions or circumstances that constitute failure to achieve or maintain approval competency or that otherwise constitute a danger to the public health or safety and for which the director may refuse to issue or renew or may suspend or revoke a certification, permit or certificate.

�� (e) Prescribing the authority of the department to perform oversight monitoring including but not limited to:

�� (A) Right of entry and access to third party records and information;

�� (B) Frequency, type and extent of the oversight monitoring and inspection of third party agencies and manufacturing facilities; and

�� (C) Frequency and description of information to be submitted as part of the monitoring process.

�� (f) Prescribing fees for monitoring conducted by the department at the manufacturing plant site or at third party inspection service locations, which fees shall not exceed $60 per hour.

�� (4)(a) The department shall establish by rule a manufacturer compliance program to allow for plan approvals or inspections of prefabricated structures or prefabricated structure components at the facility at which the prefabrication takes place, including but not limited to the following provisions:

�� (A) Quality assurance programs;

�� (B) Procedures for use and application of insignia of compliance; and

�� (C) Fees for and procedures for use and application of certification stamps.

�� (b) A manufacturer of prefabricated structures shall provide the department with written notice at least 60 days before a manufacturer may provide for plan approval or inspection service as allowed under subsection (2) of this section.

�� (c) The department is not required to provide plan approval for or inspection of any prefabricated structure or prefabricated structure components unless the department has been notified in writing by the manufacturer of the prefabricated structure 180 days in advance of the proposed assumption of department inspections.

�� (5) A person may not rent, lease, sell, exchange, install or offer for rent, lease, sale, exchange or installation within this state a prefabricated structure constructed on or after July 1, 1991, unless it bears an insignia of compliance or certification stamp issued by the department or a third party indicating compliance with this state�s building regulations and standards for prefabricated structures. The prohibition in this subsection does not apply to a prefabricated structure described in ORS 455.312 (1) or (2). A prefabricated structure with an insignia of compliance or certification stamp shall be acceptable to municipalities as meeting the state building code regulations. Prefabricated structures constructed prior to July 1, 1991, are subject to the building code regulations in effect at the time of original construction.

�� (6) The provisions of this section do not apply to employees of the Department of Consumer and Business Services and testing laboratories approved under ORS chapters 447 and 479.

�� (7) For purposes of this section, �insignia of compliance� means the plate affixed to a structure by the Department of Consumer and Business Services or a third party to signify compliance with all state building code requirements for which the structure was inspected.

�� (8) Prefabricated structures or components found by the department or a third party to represent a danger to public health or safety shall be brought into compliance with building code regulations or removed from the state.

�� (9) All plan approvals and inspections of prefabricated structures and prefabricated components constructed at manufacturing plants outside of Oregon but intended for delivery into Oregon shall be performed by the department or conducted under ORS 455.430. [1995 c.304 �3; 2005 c.310 �3; 2019 c.422 �21]

�� Note: 455.705 was added to and made a part of 455.010 to 455.740 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Inspectors)

�� 455.715 Definitions for ORS 455.715 to 455.740. As used in ORS 455.715 to 455.740, unless the context otherwise requires:

�� (1) �Building official� means a person charged by a municipality with responsibility for administration and enforcement of the state building code in the municipality.

�� (2) �Business of providing prefabricated structure plan approvals and inspections� means an independent contractor providing prefabricated structure plan approval or inspection services, or both, under the following specialty codes, as provided in this section and ORS 455.020 and 455.705:

�� (a) Structural;

�� (b) Mechanical;

�� (c) Plumbing;

�� (d) Electrical; and

�� (e) Low-rise residential dwelling.

�� (3) �Inspector� means:

�� (a) A person, including a plans examiner, acting under the authority and direction of a building official and charged with the responsibility of routine enforcement of one or more specialty codes or parts of specialty codes;

�� (b) A person, including a plans examiner, who provides enforcement of one or more specialty codes or parts of specialty codes and who is personally in the business of providing prefabricated structure plan approvals or inspections or is employed by such a business;

�� (c) A specialized building inspector certified under ORS 455.723 who is employed or otherwise authorized by a municipality or by the Department of Consumer and Business Services;

�� (d) A person employed or otherwise authorized by a municipality or the department who is certified under ORS 455.732 to perform inspections under one or more specialty codes throughout a building code administrative region; or

�� (e) A person designated by the Director of the Department of Consumer and Business Services to ensure compliance with a specialty code or with any requirement for a license, registration, certification, endorsement or other authorization to perform work related to the administration and enforcement of the state building code. [Formerly 456.805; 1991 c.361 �1; 1995 c.304 �5; 2003 c.675 �37; 2009 c.593 ��5,6; 2013 c.110 �4; 2021 c.599 �10]

�� 455.720 Standards and qualifications for personnel; rules. (1) In accordance with applicable provisions of ORS chapter 183, to promote effective and uniform enforcement of the state building code by improving the competence of building officials and inspectors, the Director of the Department of Consumer and Business Services, with the advice of the advisory boards, shall:

�� (a) Establish for building officials and inspectors reasonable minimum training and experience standards, including but not limited to courses or subjects for instruction, facilities for instruction, qualification of instructors and methods of instruction. The standards must include provisions for determining a practical experience equivalent that may consist of completion of an apprenticeship program.

�� (b) Establish a procedure to be used by municipalities to determine whether a person meets minimum standards or has minimum training to be appointed or employed as a building official or inspector. The procedure must allow for a field examination of a person to determine if the person meets the practical experience equivalent of a minimum standard.

�� (c) Subject to such terms, conditions and classifications as the director may impose, certify building officials as being qualified, and revoke such certifications in the manner provided in ORS 455.740.

�� (d) Require an applicant for a certificate as a building official or inspector to demonstrate knowledge of the laws governing accessibility to buildings by persons with disabilities by passing an examination prescribed by the director.

�� (2) The director shall maintain and, upon request of municipalities, furnish information on applicants for appointment or employment as building officials or inspectors.

�� (3) Pursuant to ORS chapter 183, the director shall adopt rules necessary to carry out the certification programs provided by subsection (1) of this section.

�� (4) The director, by rule, may require evidence of completion of continuing education covering any certification created under this section as a condition of maintaining the certification. Nothing in this subsection shall prohibit the director from delegating any of this power to a municipality.

�� (5) The director, with the advice of the appropriate advisory boards, may adopt rules for certifying inspectors as being qualified to enforce one or more particular specialty codes, subject to any terms, conditions and classifications the director may impose, and for revoking those certifications in the manner provided in ORS 455.740. [Formerly 456.810; 1989 c.224 �119; subsection (4) enacted as 1991 c.361 �5; 1999 c.527 �1; 2001 c.104 �197; 2005 c.758 �21b; 2007 c.70 �257; 2025 c.241 �2]

�� Note: Sections 1 and 3, chapter 241, Oregon Laws 2025, provide:

�� Sec. 1. (1)(a) The Department of Consumer and Business Services shall assist and provide staff support to the Oregon Building Officials Association for the purpose of developing and submitting to the State Apprenticeship and Training Council a proposal to establish an apprenticeship program for building inspectors that meets the requirements set forth in ORS 660.002 to 660.210 and qualifies as the practical experience equivalent of the training and experience standards described in ORS 455.720 (1)(a).

�� (b) At the association�s request, the Bureau of Labor and Industries shall provide technical assistance for the development and submission of the proposal described in paragraph (a) of this subsection.

�� (2) After the council approves the proposal described in subsection (1) of this section, the department shall within 90 days after the date of the council�s approval establish and provide technical assistance to a state joint apprenticeship committee for building inspectors. [2025 c.241 �1]

�� Sec. 3. Section 1 of this 2025 Act is repealed on January 2, 2027. [2025 c.241 �3]

�� 455.723 Specialized building inspectors; rules. (1) The Director of the Department of Consumer and Business Services, with the advice of the appropriate advisory boards, may adopt rules establishing one or more programs to train, qualify and certify an individual as a specialized building inspector authorized to enforce portions of specialty codes. Notwithstanding ORS 455.720 (1) and 455.725, the rules may include, but need not be limited to, rules that establish:

�� (a) Work experience, training and other qualifications for program participation;

�� (b) Content and presentation requirements for training programs;

�� (c) Methods for verifying the qualification of the individual to enforce portions of specialty codes as a specialized building inspector certified under this section;

�� (d) The portions of various specialty codes that each program will enable a qualifying individual to enforce and any terms, conditions or classifications applicable for that enforcement; and

�� (e) Requirements the director believes reasonable for the administration and enforcement of this section.

�� (2) Notwithstanding ORS 446.250, 455.630, 455.720, 455.725, 479.530, 479.810 and

ORS 458.485

458.485 (4)(a), the department may give preference to funding housing that:

�� (a) Uses Oregon-based developers;

�� (b) Is geographically diverse, including coastal and eastern Oregon communities, or is sited in more than one location; or

�� (c) Uses materials that:

�� (A) Are nontraditional, including mass timber;

�� (B) Provide energy efficiency, carbon capture or other environmental benefits;

�� (C) Are produced in Oregon; or

�� (D) Are raw materials sourced from Oregon.

�� (5) In developing application criteria or evaluating applications for funding provided under this section, the department shall consult with the advisory committee under section 4 (2)(a) of this 2025 Act and not the Oregon Housing Stability Council, notwithstanding ORS 458.485 (1).

�� (6) Recipients of funding under this section must cooperate with the department and the contractor described in section 4 of this 2025 Act in preparing the report required under section 5 of this 2025 Act. [2025 c.501 �2]

�� Sec. 3. Authorization and intent to use program fund. (1) In addition to the uses allowed under ORS 458.490 (3), moneys in the Local Innovation and Fast Track Housing Program Fund are continuously appropriated to the Housing and Community Services Department to take actions under section 2 of this 2025 Act.

�� (2) To the extent that moneys are available in the fund and are not otherwise obligated and that eligible applications to provide housing are available for funding, it is intended that, for the biennium beginning July 1, 2025, the amount of $25,000,000 from the fund be used for purposes described in subsection (1) of this section. [2025 c.501 �3]

�� Sec. 4. Contractor and advisory committee. (1) The Housing and Community Services Department shall contract with the Network for Oregon Affordable Housing (NOAH) to provide the services described in this section.

�� (2) The contractor under this section shall:

�� (a) Convene a public-private advisory committee to offer input and guidance on project solicitation processes and criteria as outlined in section 2 (5) of this 2025 Act. The committee must include representation from the Department of Land Conservation and Development, the building codes division of the Department of Consumer and Business Services, the Oregon Housing Stability Council and local governments and from private firms and individuals with subject matter expertise related to housing development and finance and modular and manufactured housing production and installation.

�� (b) With guidance from the advisory committee, provide the Housing and Community Services Department with recommendations for criteria for selecting projects to receive funding and for evaluating the feasibility and appropriateness of proposals under section 2 (5) of this 2025 Act.

�� (c) With input and direction from the advisory committee, arrange for the provision of technical assistance to recipients of funding under section 2 of this 2025 Act as may be needed for the successful implementation of the proposal for developing factory-produced housing, including assistance in the form of navigating regulatory frameworks, accessing interim and long-term financial resources, procuring Oregon-sourced sustainable materials, establishing technical specifications needed for on-site delivery and installation and establishing systems of compliance related to the use of Local Innovation and Fast Track Housing Program Fund moneys.

�� (d) Provide systems for the transfer of knowledge necessary to set the industry up for success beyond the housing developed through the use of moneys under section 2 of this 2025 Act.

�� (e) Support industry and consumer awareness by showcasing factory-produced housing in multiple Oregon communities and building a constituency for innovative housing methods and materials.

�� (f) Identify potential sources of ongoing funding to continue the activities under this subsection.

�� (3) The contractor shall create the portions of the report required under section 5 (2) to (4) of this 2025 Act.

�� (4) All agencies of state government, as defined in ORS 174.111, are directed to assist the department and, at the request of the Director of the Housing and Community Services Department, the contractor in the performance of the duties of the department and contractor required by sections 2 to 5 of this 2025 Act. [2025 c.501 �4]

�� Sec. 5. Report. On or before September 15, 2027, the Housing and Community Services Department shall submit a report in the manner provided by ORS 192.245 to the interim committees of the Legislative Assembly related to housing on:

�� (1) The results and findings of moneys spent under section 2 of this 2025 Act, including information regarding the recipients� direct construction costs and total development costs;

�� (2) The results and findings of the efforts by the recipients of funds under section 2 of this 2025 Act related to barriers overcome, barriers identified and ability to secure additional private debt or equity partnerships;

�� (3) The activities of the contractor under section 4 of this 2025 Act; and

�� (4) Recommendations for legislation or funding to support factory-produced housing within this state. [2025 c.501 �5]

�� Sec. 6. Sections 2 to 5 of this 2025 Act are repealed on January 2, 2028. [2025 c.501 �6]

COMMUNITY SERVICES PROGRAMS

�� 458.505 Community action agency network as delivery system for federal antipoverty programs; duties of Housing and Community Services Department. (1) The community action agency network, established initially under the federal Economic Opportunity Act of 1964, is the delivery system for federal antipoverty programs in Oregon, including:

�� (a) The Community Services Block Grant;

�� (b) Low Income Home Energy Assistance Program; and

�� (c) The United States Department of Energy Weatherization Assistance Program.

�� (2) Funds for such programs shall be distributed to the community action agencies by the Housing and Community Services Department with the advice of the Community Action Partnership of Oregon.

�� (3) In areas not served by a community action agency, funds other than federal community services funds may be distributed to and administered by organizations that are found by the Housing and Community Services Department to serve the antipoverty purpose of the community action agency network.

�� (4) In addition to complying with all applicable requirements of federal law, a community action agency shall:

�� (a) Be an office, division or agency of the designating political subdivision or a not for profit organization in compliance with ORS chapter 65.

�� (b) Have a community action board of at least nine but no more than 33 members, constituted so that:

�� (A) One-third of the members of the board are elected public officials currently serving or their designees. If the number of elected officials reasonably available and willing to serve is less than one-third of the membership, membership of appointed public officials may be counted as meeting the one-third requirement;

�� (B) At least one-third of the members are persons chosen through democratic selection procedures adequate to assure that they are representatives of the poor in the area served; and

�� (C) The remainder of the members are officials or members of business, industry, labor, religious, welfare, education or other major groups and interests in the community.

�� (c) If the agency is a private not for profit organization, be governed by the Community Action Board. The board shall have all duties, responsibilities and powers normally associated with such boards, including, but not limited to:

�� (A) Selection, appointment and dismissal of the executive director of the agency;

�� (B) Approval of all contracts, grant applications and budgets and operational policies of the agency;

�� (C) Evaluation of programs; and

�� (D) Securing an annual audit of the agency.

�� (d) If the organization is an office, division or agency of a political subdivision, be administered by the board that shall provide for the operation of the agency and be directly responsible to the governing board of the political subdivision. The administering board at a minimum, shall:

�� (A) Review and approve program policy;

�� (B) Be involved in and consulted on the hiring and firing of the agency director;

�� (C) Monitor and evaluate program effectiveness;

�� (D) Ensure the effectiveness of community involvement in the planning process; and

�� (E) Assume all duties delegated to it by the governing board.

�� (e) Have a clearly defined, specified service area. Community action service areas may not overlap.

�� (f) Have an accounting system that meets generally accepted accounting principles and be so certified by an independent certified accountant.

�� (g) Provide assurances against the use of government funds for political activity by the community action agency.

�� (h) Provide assurances that no person shall, on the grounds of race, color, sex, sexual orientation, gender identity or national origin be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through the community action program.

�� (i) Provide assurances the community action agency shall comply with any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified individual with disabilities as provided in section 504 of the Rehabilitation Act of 1973.

�� (5) For the purposes of this section, the Oregon Human Development Corporation is eligible to receive federal community service funds and low-income energy assistance funds.

�� (6) The Housing and Community Services Department shall:

�� (a) Administer federal antipoverty programs listed in subsection (1) of this section.

�� (b) In conjunction with the Oregon Housing Stability Council, culturally specific organizations, the Community Action Partnership of Oregon and service providers, develop a collaborative role in advocating for, and addressing the needs of, all low income Oregonians.

�� (c) On a regular basis provide information to service providers on the activities and expenditures of the Housing and Community Services Department.

�� (d) As resources are available, provide resources for technical assistance, training and program assistance to Community Action Partnership of Oregon, service providers and other eligible entities.

�� (e) As resources are available, provide resources pursuant to ORS 409.750 for the training and technical assistance needs of service providers.

�� (f) Fully integrate the Oregon Human Development Corporation into the antipoverty delivery system, which must include a minimum level of services and funding for low income migrant and seasonal agricultural workers from the antipoverty programs administered by the agency.

�� (g) Limit its administrative budget in an effort to maximize the availability of antipoverty federal and state funds for expenditures by local service providers. [Formerly

ORS 459A.914

459A.914, adequate to hold the reasonably anticipated volume of each material;

�� (b) Regular collection service of the source separated recyclable materials; and

�� (c) Notice at least once a year of the opportunity to recycle with a description of the location of the containers or depots on the premises and information about how to recycle. New tenants shall be notified of the opportunity to recycle at the time of entering into a rental agreement.

�� (2) As used in this section, �recyclable material� and �source separate� have the meaning given those terms in ORS 459.005. [1991 c.385 �16; 2021 c.681 �57]

�� 90.320 Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises. (1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:

�� (a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;

�� (b) Plumbing facilities that conform to applicable law in effect at the time of installation and are maintained in good working order;

�� (c) A water supply approved under applicable law that is:

�� (A) Under the control of the tenant or landlord and is capable of producing hot and cold running water;

�� (B) Furnished to appropriate fixtures;

�� (C) Connected to a sewage disposal system approved under applicable law; and

�� (D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;

�� (d) Adequate heating facilities that conform to applicable law at the time of installation and are maintained in good working order;

�� (e) Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and is maintained in good working order;

�� (f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

�� (g) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;

�� (h) Floors, walls, ceilings, stairways and railings maintained in good repair;

�� (i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;

�� (j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the tenant�s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (1);

�� (k) A carbon monoxide alarm, and the dwelling unit:

�� (A) Contains a carbon monoxide source; or

�� (B) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft;

�� (L) Working locks for all dwelling entrance doors and latches for all windows, by which access may be had to the dwelling unit;

�� (m) A means of unlocking locks under paragraph (L) of this subsection, including access control systems operated by a software application operated on a tenant�s mobile phone or other electronic device, provided that the landlord also offers the tenant at least one alternative means of access, including an access code or a fob, key card or other tangible key; or

�� (n) For a dwelling unit in a building where building permits for its construction were issued on or after April 1, 2024, adequate cooling facilities that:

�� (A) Provide cooling in at least one room of the dwelling unit, not including a bathroom;

�� (B) Conform to applicable law at the time of installation and are maintained in good working order; and

�� (C) May include central air conditioning, an air-source or ground-source heat pump or a portable air conditioning device that is provided by the landlord.

�� (2) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

�� (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

�� (b) The agreement does not diminish the obligations of the landlord to other tenants in the premises; and

�� (c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

�� (3) Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place do not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility are governed by ORS 90.730 and not by this section. [Formerly 91.770; 1993 c.369 �6; 1995 c.559 �15; 1997 c.249 �32; 1997 c.577 �17; 1999 c.307 �20; 1999 c.676 �11; 2009 c.591 �12; 2013 c.294 �9; 2022 c.86 �11; 2025 c.127 �1]

�� 90.321 Testing of drinking water in ground water quality management area; report to tenants and Oregon Health Authority; rules; limits on data use. (1) As used in this section:

�� (a) �Contaminants� includes arsenic, coliform bacteria, lead and nitrates.

�� (b) �Exempt well� means a well used for purposes exempt under ORS 537.545 (1)(b) or (d).

�� (2) If a dwelling unit has an exempt well or wells as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150, the landlord shall collect and test samples of drinking water for the unit.

�� (3) A landlord shall ensure that each source for which drinking water is collected under subsection (5)(a) of this section is tested as follows:

�� (a) The water must be tested for arsenic no later than 30 days after installing the exempt well.

�� (b) Except as provided in subsection (4) of this section, the drinking water must be tested for each contaminant at least once each year.

�� (4) Following a test that indicates that the drinking water does not contain contaminants that exceed the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord is not required to test drinking water for contaminants for four years, if the test is:

�� (a) The first test conducted for the dwelling unit;

�� (b) The first test conducted after an extension allowed under this subsection; or

�� (c) The second successful annual test conducted over two consecutive years following a failed test.

�� (5) A landlord subject to this section:

�� (a) Shall collect samples of water from a dwelling unit�s primary faucet used for drinking and cooking water and may collect supplementary samples of water from a dwelling unit�s other faucets of drinking water or from a dwelling unit�s wellhead;

�� (b) May delegate the landlord�s duty to collect samples of drinking water under paragraph (a) of this subsection to a tenant if the landlord and the tenant agree to the delegation in writing and the agreement is made in good faith and for adequate consideration; and

�� (c) Shall, when submitting samples of drinking water collected under this section to a laboratory for testing:

�� (A) Inform the laboratory that the testing is required pursuant to this section; and

�� (B) Request that the laboratory report the results of the test to the Oregon Health Authority.

�� (6) A laboratory conducting a test pursuant to this section:

�� (a) Must be accredited under the environmental laboratory accreditation program established under ORS 438.615;

�� (b) Shall electronically report the results of the test to the authority in a form and manner prescribed by the authority, which may include reporting of the results through electronic mail using a spreadsheet; and

�� (c) Shall send the full laboratory report to the landlord, and to the tenant if requested by the landlord, in a form showing the absence or presence of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (7) Each time the landlord has drinking water tested for a contaminant under this section, the landlord shall provide the results of the test to the tenant within 30 days after receiving the results in a form:

�� (a) As provided to the landlord under subsection (6)(c) of this section; or

�� (b) Showing only the tests performed and whether the dwelling unit passed or failed each test and notifying the tenant that the tenant may obtain or inspect the full laboratory report upon request. This form must be substantially in the format adopted by the authority under subsection (10)(a) of this section.

�� (8) Prior to entering into a rental agreement for a dwelling unit for which a landlord must collect and test drinking water under this section, the landlord must provide to the tenant written notice providing:

�� (a) That the dwelling unit has an exempt well as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150;

�� (b) The dates and the results of the most recent test for each contaminant, in a form described in subsection (7) of this section, or a statement that the contaminant has not yet been tested for; and

�� (c) The latest date by which the next test for each contaminant must be conducted.

�� (9) If the results of a test conducted under this section indicate that the drinking water collected under this section contains any amount of coliform bacteria or an amount of other contaminants that exceeds the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord shall, as soon as practicable:

�� (a) Provide the results of the test to the tenant as required under subsection (7) of this section;

�� (b) Provide the tenant with the handout adopted by the authority under subsection (10)(b) of this section; and

�� (c) Thereafter retest the exempt well according to a schedule set by rule by the authority, notwithstanding subsections (3) and (4) of this section.

�� (10) The authority shall adopt rules to implement this section, including rules specifying the content of:

�� (a) A form that a landlord subject to this section must use to provide information described in subsection (7)(b) of this section. The form must include:

�� (A) A section that must be filled out by the landlord to indicate, in plain language, whether the dwelling unit passed or failed each test; and

�� (B) A section that may be filled out by the landlord to indicate the absence or presence in the drinking water of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (b) A handout providing information on testing drinking water for contaminants and the impact that drinking water that contains contaminants can have on a person�s health.

�� (11) This section does not apply to a dwelling unit that is part of a premises subject to regulation under ORS 448.119 to 448.285, 454.235 and 454.255, as described in ORS 448.119.

�� (12) Information received by the authority under this section may only be used as provided in this section and for the benefit of the landlord, tenant or applicant of the dwelling unit. Any records collected or created by the authority under this section must note that the data has not been controlled for quality and may not be used for determining location-specific ground water quality. [2025 c.574 �2; 2025 c.574 �2a]

�� Note: 90.321 becomes operative January 1, 2027. See section 4, chapter 574, Oregon Laws 2025.

�� Note: Section 3, chapter 574, Oregon Laws 2025, provides:

�� Sec. 3. Before June 1, 2027, and notwithstanding section 2 (3)(b) of this 2025 Act [90.321 (3)(b)], for each dwelling unit that is subject to section 2 (2) of this 2025 Act on the operative date specified in section 4 of this 2025 Act [January 1, 2027], the landlord shall sample and test for all contaminants as described in section 2 (5) of this 2025 Act. [2025 c.574 �3]

�� Note: 90.321 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.322 Landlord or agent access to premises; remedies. (1) A landlord or, to the extent provided in this section, a landlord�s agent may enter into the tenant�s dwelling unit or any portion of the premises under the tenant�s exclusive control in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance or grounds keeping or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The right of access of the landlord or landlord�s agent is limited as follows:

�� (a) A landlord or landlord�s agent may enter upon the premises under the tenant�s exclusive control not including the dwelling unit without consent of the tenant and without notice to the tenant, for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.

�� (b) In case of an emergency, a landlord may enter the dwelling unit or any portion of the premises under a tenant�s exclusive control without consent of the tenant, without notice to the tenant and at any time. �Emergency� includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant�s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.

�� (c) If the tenant requests repairs or maintenance in writing, the landlord or landlord�s agent, without further notice, may enter upon demand, in the tenant�s absence or without the tenant�s consent, for the purpose of making the requested repairs until the repairs are completed. The tenant�s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant�s written request expires after seven days, unless the repairs are in progress and the landlord or landlord�s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.

�� (d) A landlord and tenant may agree that the landlord or the landlord�s agent may enter the dwelling unit and the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement:

�� (A) Is executed at a time when the landlord is actively engaged in attempts to sell the premises;

�� (B) Is reflected in a writing separate from the rental agreement and signed by both parties; and

�� (C) Is supported by separate consideration recited in the agreement.

�� (e)(A) If a written agreement requires the landlord to perform yard maintenance or grounds keeping for the premises:

�� (i) A landlord and tenant may agree that the landlord or landlord�s agent may enter for that purpose upon the premises under the tenant�s exclusive control not including the dwelling unit, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.

�� (ii) A tenant may deny consent for a landlord or landlord�s agent to enter upon the premises pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord�s agent prior to, or at the time of, the attempted entry.

�� (B) As used in this paragraph:

�� (i) �Yard maintenance or grounds keeping� includes, but is not limited to, weeding, mowing grass and pruning trees and shrubs.

�� (ii) �Unreasonable time� refers to a time of day, day of the week or particular time that conflicts with the tenant�s reasonable and specific plans to use the premises.

�� (f) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours� actual notice of the intent of the landlord to enter and the landlord or landlord�s agent may enter only at reasonable times. The landlord or landlord�s agent may not enter if the tenant, after receiving the landlord�s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord�s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord�s agent to enter.

�� (2) A landlord may not abuse the right of access or use it to harass the tenant. A tenant may not unreasonably withhold consent from the landlord to enter.

�� (3) This section does not apply to tenancies consisting of a rental of space in a facility for a manufactured dwelling or floating home under ORS 90.505 to 90.850.

�� (4) If a tenancy consists of rented space for a manufactured dwelling or floating home that is owned by the tenant, but the tenancy is not subject to ORS 90.505 to 90.850 because the space is not in a facility, this section shall allow access only to the rented space and not to the dwelling or home.

�� (5) A landlord has no other right of access except:

�� (a) Pursuant to court order;

�� (b) As permitted by ORS 90.410 (2); or

�� (c) When the tenant has abandoned or relinquished the premises.

�� (6) If a landlord is required by a governmental agency to enter a dwelling unit or any portion of the premises under a tenant�s exclusive control, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord may not be found in violation of any state statute or local ordinance due to the failure.

�� (7) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement under ORS 90.392 and take possession as provided in ORS 105.100 to 105.168. In addition, the landlord may recover actual damages.

�� (8) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.360 (1). In addition, the tenant may recover actual damages not less than an amount equal to one week�s rent in the case of a week-to-week tenancy or one month�s rent in all other cases. [Formerly 90.335; 1997 c.577 �18; 1999 c.603 �19; 1999 c.676 �12; 2005 c.391 �20]

�� 90.323 Maximum rent increase; exceptions; notice. (1) If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase.

�� (2) During any tenancy other than week-to-week, the landlord may not increase the rent:

�� (a) During the first year after the tenancy begins.

�� (b) At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase.

�� (c) More than once in any 12-month period.

�� (d) Except as permitted under subsection (5) of this section, by a percentage greater than the maximum calculated under ORS 90.324 (1).

�� (3) The notices required under this section must specify:

�� (a) The amount of the rent increase;

�� (b) The amount of the new rent;

�� (c) Facts supporting the exemption authorized by subsection (5) of this section, if the increase is above the amount allowed in subsection (2)(d) of this section; and

�� (d) The date on which the increase becomes effective.

�� (4) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS

ORS 460.370

460.370, structural or mechanical specialty code programs or activities for which a fee is collected under ORS 455.020 (2), or programs described under subsection (10) of this section that provide training and education for persons employed in producing, selling, installing, delivering or inspecting manufactured structures or manufactured dwelling parks or recreation parks, must be assigned to a single account within the fund.

�� (10) Notwithstanding ORS 279.835 to 279.855 and ORS chapters 279A and 279B, the department may, after consultation with the appropriate specialty code advisory boards established under ORS 455.132, 455.135, 455.138, 480.535 and 693.115, contract for public or private parties to develop or provide training and education programs relating to the state building code and associated licensing or certification programs. [1987 c.373 �17; 1989 c.711 �6; 1993 c.744 �11; 1995 c.641 �16; 1999 c.518 �1; 2001 c.319 �1; 2001 c.710 �13; 2003 c.655 �84a; 2003 c.675 �47; 2003 c.794 �322; 2005 c.755 �53; 2009 c.567 �35; 2013 c.698 �11; 2017 c.364 �7]

�� 705.146 Prescription Drug Affordability Account. The Prescription Drug Affordability Account is established as a subaccount in the Consumer and Business Services Fund created in ORS 705.145, consisting of moneys collected under ORS 646A.695 and moneys that may be appropriated for deposit into the Prescription Drug Affordability Account by the Legislative Assembly. Interest earned on the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Consumer and Business Services to carry out ORS 646A.680 to

ORS 469.275

469.275 to 469.279.

�� (b) The department may approve an eligible building owner�s use of a conditional compliance method in lieu of full compliance with an energy use intensity target if the department determines that the eligible building owner has the capacity to take the actions and make the investments required under the conditional compliance method and otherwise qualifies to use the conditional compliance method.

�� (5) A municipality, as defined in ORS 455.010, may by ordinance, rule or land use process, adopt an energy performance standard and greenhouse gas emission reduction standards that are more stringent, or that have broader application, than the energy performance standard that the department adopts under this section, provided:

�� (a) The standard does not exceed the energy efficiency requirements of the state building code for new buildings, except where permitted under ORS 455.040;

�� (b) The standard does not apply to buildings that are less than six years old, measured from the date of the building�s certificate of occupancy; and

�� (c) The municipality cooperates with the department in aligning, where practicable, the energy performance standard the municipality adopts with the energy performance standard the department adopts under this section.

�� (6) Construction work performed to comply with the provisions of ORS 469.275 to 469.279 must comply with all applicable provisions of the state building code and permitting procedures that apply to the construction work.

�� (7) Except as provided in subsection (5) of this section, this section does not affect or supersede the provisions of ORS 455.040. [2023 c.442 �9]

�� Note: See note under 469.275.

�� 469.278 [1989 c.926 �34; repealed by 1999 c.880 �2]

�� 469.279 Tier 1 buildings report; exemptions; department support program; correction notice; civil penalties. (1) An eligible building owner of a tier 1 building shall report to the State Department of Energy concerning the eligible building owner�s compliance with the energy performance standard described in ORS 469.277. The eligible building owner shall submit the report in accordance with the schedule specified in subsection (4) of this section and shall submit a new report at the end of every successive five-year period. Each report the eligible building owner submits must include documentation that demonstrates that:

�� (a) The tier 1 building�s weather normalized energy use intensity during the previous calendar year is less than or equal to the applicable energy use intensity target;

�� (b) The eligible building owner is taking actions and making investments in accordance with a conditional compliance method the department approved; or

�� (c) The tier 1 building is exempt from an energy performance standard that otherwise would apply to the tier 1 building because:

�� (A) The tier 1 building did not have a certificate of occupancy or temporary certificate of occupancy during all of the 12 months that preceded the date on which the eligible building owner�s report is due;

�� (B) The tier 1 building did not have an actual rate of occupancy that exceeded 50 percent of the tier 1 building�s capacity during all of the 12 months that preceded the date on which the eligible building owner�s report is due;

�� (C) The sum of the tier 1 building�s gross floor area, minus unconditioned spaces and semiheated spaces, is less than 35,000 square feet;

�� (D) The primary use for the tier 1 building is manufacturing or another industrial use, as defined in accordance with the following use designations of the International Building Code:

�� (i) Factory group F; or

�� (ii) High hazard group H;

�� (E) The tier 1 building is an agricultural building; or

�� (F) The eligible building owner or the tier 1 building has undergone or is undergoing financial hardship, as measured in accordance with the following criteria:

�� (i) Within the 24 months that precede the date on which the eligible building owner�s report is due, a city or county listed the tier 1 building on the city�s or county�s annual tax lien sale list because of arrears in property taxes or water or wastewater charges;

�� (ii) A court appointed receiver controls the tier 1 building because of financial distress;

�� (iii) A financial institution owns the tier 1 building because of a borrower�s default;

�� (iv) Within the 24 months that precede the date on which the eligible building owner�s report is due, the eligible building owner acquired the tier 1 building by means of a deed in lieu of foreclosure;

�� (v) The tier 1 building has a senior mortgage that is subject to a notice of default; or

�� (vi) Other criteria that the department specifies by rule as indicative of financial hardship.

�� (2) The department shall develop methods and procedures for administering reports that eligible building owners of tier 1 buildings submit to the department under subsection (1) of this section.

�� (3)(a) The department shall provide a support program to eligible building owners of covered commercial buildings that includes, at a minimum, information and periodic training, technical assistance and telephone and electronic mail support that will assist eligible building owners in complying with the energy performance standard, applicable energy use intensity targets and reporting requirements under ORS 469.275 to 469.279.

�� (b) As part of the support program described in paragraph (a) of this subsection, the department may encourage eligible building owners to seek for maintenance staff accreditation from the U.S. Green Building Council�s Green Janitors Education Program.

�� (4) An eligible building owner must comply with the energy performance standard adopted under ORS 469.277 by the following dates:

�� (a) If the eligible building owner�s tier 1 building has a gross floor area of 200,000 square feet or more, not later than June 1, 2028;

�� (b) If the eligible building owner�s tier 1 building has a gross floor area of 90,000 square feet or more but less than 200,000 square feet, not later than June 1, 2029; and

�� (c) If the eligible building owner�s tier 1 building has a gross floor area of 35,000 square feet or more but less than 90,000 square feet, not later than June 1, 2030.

�� (5)(a) The department shall notify an eligible building owner of a tier 1 building of a failure to comply with ORS 469.275 to 469.279 if the eligible building owner fails to:

�� (A) Submit the report described in subsection (1) of this section by the date required or in a form and manner the department requires;

�� (B) Meet the energy performance standard or an applicable energy use intensity target or, in lieu of meeting the standard or target, fails to obtain the department�s approval to use a conditional compliance method;

�� (C) Provide accurate reporting that meets the requirements of ORS 469.275 to 469.279; or

�� (D) Demonstrate as provided in subsection (1)(c) of this section that the eligible building owner is exempt from an otherwise applicable energy performance standard.

�� (b) In the notice described in paragraph (a) of this subsection, the department may specify a date by which the eligible building owner of a tier 1 building must correct the failure the department identified in the notice. In addition, the department shall specify the date by which the eligible building owner�s failure to comply or failure to correct a lack of compliance will subject the eligible building owner to a civil penalty under subsection (6) of this section.

�� (c) At an eligible building owner�s request, the department shall cite the specific legal authority upon which the department relied as a basis for issuing a notice to the eligible building owner under paragraph (a) of this subsection.

�� (6)(a) The department may impose a civil penalty as provided in ORS 183.745 upon an eligible building owner of a tier 1 building to which the department issued a notice under subsection (5) of this section if the department determines that the eligible building owner:

�� (A) Has not complied with the requirement set forth in the notice or has not corrected a lack of compliance by the date for correction that the department specifies in the notice; or

�� (B) Otherwise violated a provision of ORS 469.275 to 469.279 or a rule the department adopted under ORS 469.275 to 469.279.

�� (b) A civil penalty the department imposes under paragraph (a) of this subsection may not exceed $5,000 plus an amount for the duration of a continuing violation, which may not exceed a daily amount that the department calculates by multiplying $1 per year per square foot of gross floor area of the tier 1 building that is the subject of the department�s notice.

�� (c) The department shall deposit the proceeds of any civil penalty the department imposes and collects under this subsection into the State Department of Energy Account established under ORS 469.120 and shall allocate the proceeds for the purpose of administering the department�s energy efficiency programs. [2023 c.442 �10]

�� Note: See note under 469.275.

�� 469.280 [1989 c.926 �35; repealed by 1999 c.880 �2]

�� 469.281 Implementation; enforcement; advisory committee; rules. (1) In addition to the energy performance standard the State Department of Energy adopts in accordance with ORS 469.277, the department shall adopt rules to implement ORS 469.275 to

ORS 469.503

469.503 (2)(d)(C) and in rules adopted under ORS 469.503 for the total carbon dioxide emissions produced by the energy facility for the life of the energy facility; and

�� (f)(A) Discharges process wastewater to a wastewater treatment facility that has an existing National Pollutant Discharge Elimination System permit, can obtain an industrial pretreatment permit, if needed, within the expedited review process time frame and has written confirmation from the wastewater facility permit holder that the additional wastewater load will be accommodated by the facility without resulting in a significant thermal increase in the facility effluent or without requiring any changes to the wastewater facility National Pollutant Discharge Elimination System permit;

�� (B) Plans to discharge process wastewater to a wastewater treatment facility owned by a municipal corporation that will accommodate the wastewater from the energy facility and supplies evidence from the municipal corporation that:

�� (i) The municipal corporation has included, or intends to include, the process wastewater load from the energy facility in an application for a National Pollutant Discharge Elimination System permit; and

�� (ii) All conditions required of the energy facility to allow the discharge of process wastewater from the energy facility will be satisfied; or

�� (C) Obtains a National Pollutant Discharge Elimination System or water pollution control facility permit for process wastewater disposal, supplies evidence to support a finding that the discharge can likely be permitted within the expedited review process time frame and that the discharge will not require:

�� (i) A new National Pollutant Discharge Elimination System permit, except for a storm water general permit for construction activities; or

�� (ii) A change in any effluent limit or discharge location under an existing National Pollutant Discharge Elimination System or water pollution control facility permit.

�� (2) An applicant seeking expedited review under this section shall submit documentation to the State Department of Energy, prior to the submission of an application for a site certificate, that demonstrates that the energy facility meets the qualifications set forth in subsection (1) of this section. The department shall determine, within 14 days of receipt of the documentation, on a preliminary, nonbinding basis, whether the energy facility qualifies for expedited review.

�� (3) If the department determines that the energy facility preliminarily qualifies for expedited review, the applicant may submit an application for expedited review. Within 30 days after the date that the application for expedited review is submitted, the department shall determine whether the application is complete. If the department determines that the application is complete, the application shall be deemed filed on the date that the department sends the applicant notice of its determination. If the department determines that the application is not complete, the department shall notify the applicant of the deficiencies in the application and shall deem the application filed on the date that the department determines that the application is complete. The department or the council may request additional information from the applicant at any time.

�� (4) The State Department of Energy shall send a copy of a filed application to the Department of Environmental Quality, the Water Resources Department, the State Department of Fish and Wildlife, the State Department of Geology and Mineral Industries, the State Department of Agriculture, the Department of Land Conservation and Development, the Public Utility Commission and any other state agency, city, county or political subdivision of the state that has regulatory or advisory responsibility with respect to the proposed energy facility. The State Department of Energy shall send with the copy of the filed application a notice specifying that:

�� (a) In the event the council issues a site certificate for the energy facility, the site certificate will bind the state and all counties, cities and political subdivisions in the state as to the approval of the site, the construction of the energy facility and the operation of the energy facility, and that after the issuance of a site certificate, all permits, licenses and certificates addressed in the site certificate must be issued as required by ORS 469.401 (3); and

�� (b) The comments and recommendations of state agencies, counties, cities and political subdivisions concerning whether the proposed energy facility complies with any statute, rule or local ordinance that the state agency, county, city or political subdivision would normally administer in determining whether a permit, license or certificate required for the construction or operation of the energy facility should be approved will be considered only if the comments and recommendations are received by the department within a reasonable time after the date the application and notice of the application are sent by the department.

�� (5) Within 90 days after the date that the application was filed, the department shall issue a draft proposed order setting forth:

�� (a) A description of the proposed energy facility;

�� (b) A list of the permits, licenses and certificates that are addressed in the application and that are required for the construction or operation of the proposed energy facility;

�� (c) A list of the statutes, rules and local ordinances that are the standards and criteria for approval of any permit, license or certificate addressed in the application and that are required for the construction or operation of the proposed energy facility; and

�� (d) Proposed findings specifying how the proposed energy facility complies with the applicable standards and criteria for approval of a site certificate.

�� (6) The council shall review the application for site certification in the manner set forth in subsections (7) to (10) of this section and shall issue a site certificate for the facility if the council determines that the facility, with any required conditions to the site certificate, will comply with:

�� (a) The requirements for expedited review as specified in this section;

�� (b) The standards adopted by the council pursuant to ORS 469.501 (1)(a), (c) to (e), (g), (h) and (L) to (o);

�� (c) The requirements of ORS 469.503 (3); and

�� (d) The requirements of ORS 469.504 (1)(b).

�� (7) Following submission of an application for a site certificate, the council shall hold a public informational meeting on the application. Following the issuance of the proposed order, the council shall hold at least one public hearing on the application. The public hearing shall be held in the area affected by the energy facility. The council shall mail notice of the hearing at least 20 days prior to the hearing. The notice shall comply with the notice requirements of ORS 197.797 (2) and shall include, but need not be limited to, the following:

�� (a) A description of the energy facility and the general location of the energy facility;

�� (b) The name of a department representative to contact and the telephone number at which people may obtain additional information;

�� (c) A statement that copies of the application and proposed order are available for inspection at no cost and will be provided at reasonable cost; and

�� (d) A statement that the record for public comment on the application will close at the conclusion of the hearing and that failure to raise an issue in person or in writing prior to the close of the record, with sufficient specificity to afford the decision maker an opportunity to respond to the issue, will preclude consideration of the issue, by the council or by a court on judicial review of the council�s decision.

�� (8) Prior to the conclusion of the hearing, the applicant may request an opportunity to present additional written evidence, arguments or testimony regarding the application. In the alternative, prior to the conclusion of the hearing, the applicant may request a contested case hearing on the application. If the applicant requests an opportunity to present written evidence, arguments or testimony, the council shall leave the record open for that purpose only for a period not to exceed 14 days after the date of the hearing. Following the close of the record, the department shall prepare a draft final order for the council. If the applicant requests a contested case hearing, the council may grant the request if the applicant has shown good cause for a contested case hearing. If a request for a contested case hearing is granted, subsections (9) to (11) of this section do not apply, and the application shall be considered under the same contested case procedures used for a nonexpedited application for a site certificate.

�� (9) The council shall make its decision based on the record and the draft final order prepared by the department. The council shall, within six months of the date that the application is deemed filed:

�� (a) Grant the application;

�� (b) Grant the application with conditions;

�� (c) Deny the application; or

�� (d) Return the application to the site certification process required by ORS 469.320.

�� (10) If the application is granted, the council shall issue a site certificate pursuant to ORS 469.401 and 469.402. Notwithstanding subsection (6) of this section, the council may impose conditions based on standards adopted under ORS 469.501 (1)(b), (f) and (i) to (k), but may not deny an application based on those standards.

�� (11) Judicial review of the approval or rejection of a site certificate by the council under this section shall be as provided in ORS 469.403. [2001 c.683 �15; 2011 c.298 �1; 2024 c.25 �6]

�� Note: 469.373 was added to and made a part of 469.300 to 469.563 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 469.374 [1985 c.569 �15; repealed by 1993 c.544 �9]

�� 469.375 Required findings for radioactive waste disposal facility certificate. The Energy Facility Siting Council shall not issue a site certificate for a waste disposal facility for uranium mine overburden or uranium mill tailings, mill wastes or mill by-product or for radioactive waste or radioactively contaminated containers or receptacles used in the transportation, storage, use or application of radioactive material, unless, accompanying its decision it finds:

�� (1) The site is:

�� (a) Suitable for disposal of such wastes, and the amount of the wastes, intended for disposal at the site;

�� (b) Not located in or adjacent to:

�� (A) An area determined to be potentially subject to river or creek erosion within the lifetime of the facility;

�� (B) Within the 500-year floodplain of a river, taking into consideration the area determined to be potentially subject to river or creek erosion within the lifetime of the facility;

�� (C) An active fault or an active fault zone;

�� (D) An area of ancient, recent or active mass movement including land sliding, flow or creep;

�� (E) An area subject to ocean erosion; or

�� (F) An area having experienced volcanic activity within the last two million years.

�� (2) There is no available disposal technology and no available alternative site for disposal of such wastes that would better protect the health, safety and welfare of the public and the environment;

�� (3) The disposal of such wastes and the amount of the wastes, at the site will be compatible with the regulatory programs of federal government for disposal of such wastes;

�� (4) The disposal of such wastes, and the amount of the wastes, at the site will be coordinated with the regulatory programs of adjacent states for disposal of such wastes;

�� (5) That following closure of the site, there will be no release of radioactive materials or radiation from the waste;

�� (6) That suitable deed restrictions have been placed on the site recognizing the hazard of the material; and

�� (7) That, where federal funding for remedial actions is not available, a surety bond in the name of the state has been provided in an amount determined by the State Department of Energy to be sufficient to cover any costs of closing the site and monitoring it or providing for its security after closure and to secure performance of any site certificate conditions. The bond may be withdrawn when the council finds that:

�� (a) The radioactive waste has been disposed of at a waste disposal facility for which a site certificate has been issued; and

�� (b) A fee has been paid to the State of Oregon sufficient for monitoring the site after closure.

�� (8) If any section, portion, clause or phrase of this section is for any reason held to be invalid or unconstitutional the remaining sections, portions, clauses and phrases shall not be affected but shall remain in full force or effect, and to this end the provisions of this section are severable. [Formerly 459.625; 1979 c.283 �3; 1981 c.587 �3; 1985 c.4]

�� 469.378 Land use compatibility statement for energy facility. Notwithstanding ORS 197.180, when a state agency action or recommendation concerning an energy facility requires a land use compatibility statement prior to the action being completed, the state agency shall satisfy any applicable requirement of ORS 197.180 by conditioning the agency action or recommendation on a determination by either the Energy Facility Siting Council or the applicable city or county that the energy facility as affected by the state agency action satisfies, or will continue to satisfy, the applicable requirements of ORS 197.180. [2001 c.683 �17]

�� Note: 469.378 was added to and made a part of 469.300 to 469.563 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 469.380 [Formerly 453.375; 1977 c.794 �12; 1977 c.895 �2; 1993 c.569 �9; repealed by 1995 c.505 �32]

�� 469.390 [Formerly 453.385; repealed by 1993 c.569 �31]

�� 469.400 [Formerly 453.395; 1977 c.794 �13; 1977 c.895 �3; repealed by 1993 c.569 �10 (469.401 and 469.403 enacted in lieu of 469.400)]

�� 469.401 Energy facility site certificate; conditions; effect of issuance on state and local government agencies. (1) Upon approval, the site certificate or any amended site certificate with any conditions prescribed by the Energy Facility Siting Council shall be executed by the chairperson of the council and by the applicant. The certificate or amended certificate shall authorize the applicant to construct, operate and retire the facility subject to the conditions set forth in the site certificate or amended site certificate. The duration of the site certificate or amended site certificate shall be the life of the facility.

�� (2) The site certificate or amended site certificate shall contain conditions for the protection of the public health and safety, for the time for completion of construction, and to ensure compliance with the standards, statutes and rules described in ORS 469.501 and 469.503. The site certificate or amended site certificate shall require both parties to abide by local ordinances and state law and the rules of the council in effect on the date the site certificate or amended site certificate is executed, except that upon a clear showing of a significant threat to the public health, safety or the environment that requires application of later-adopted laws or rules, the council may require compliance with such later-adopted laws or rules. For a permit addressed in the site certificate or amended site certificate, the site certificate or amended site certificate shall provide for facility compliance with applicable state and federal laws adopted in the future to the extent that such compliance is required under the respective state agency statutes and rules.

�� (3) Subject to the conditions set forth in the site certificate or amended site certificate, any certificate or amended certificate signed by the chairperson of the council shall bind the state and all counties and cities and political subdivisions in this state as to the approval of the site and the construction and operation of the facility. After issuance of the site certificate or amended site certificate, any affected state agency, county, city and political subdivision shall, upon submission by the applicant of the proper applications and payment of the proper fees, but without hearings or other proceedings, promptly issue the permits, licenses and certificates addressed in the site certificate or amended site certificate, subject only to conditions set forth in the site certificate or amended site certificate. After the site certificate or amended site certificate is issued, the only issue to be decided in an administrative or judicial review of a state agency or local government permit for which compliance with governing law was considered and determined in the site certificate or amended site certificate proceeding shall be whether the permit is consistent with the terms of the site certificate or amended site certificate. Each state or local government agency that issues a permit, license or certificate shall continue to exercise enforcement authority over the permit, license or certificate.

�� (4) In any proceeding for condemnation of land or an interest therein, a certified copy of a site certificate for an energy facility that is a high voltage transmission line under ORS 469.300 (12)(a)(C) shall be conclusive evidence that the high voltage transmission line for which the land is required is a public use and necessary for public convenience.

�� (5) Nothing in ORS chapter 469 shall be construed to preempt the jurisdiction of any state agency or local government over matters that are not included in and governed by the site certificate or amended site certificate. Such matters include but are not limited to employee health and safety, building code compliance, wage and hour or other labor regulations, local government fees and charges or other design or operational issues that do not relate to siting the facility. [1993 c.569 �11 (469.401 and 469.403 enacted in lieu of 469.400); 1995 c.505 �12; 1999 c.385 �2; 2025 c.305 �5]

�� 469.402 Delegation of review of future action required by site certificate. If the Energy Facility Siting Council elects to impose conditions on a site certificate or an amended site certificate, that require subsequent review and approval of a future action, the council may delegate the future review and approval to the State Department of Energy if, in the council�s discretion, the delegation is warranted under the circumstances of the case. [1995 c.505 �27; 1999 c.385 �3]

�� Note: 469.402 was added to and made a part of 469.300 to 469.563 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 469.403 Final order approving or rejecting application for site certificate or amendment; rehearing; appeal; judicial review vested in Supreme Court; stay of order. (1) The Energy Facility Siting Council shall include in all of the council�s final orders approving or rejecting an application for a site certificate or amended site certificate any decisions related to or arising from a contested case on the application. Any party or limited party to a contested case proceeding may apply for rehearing within 30 days from the date the approval or rejection is served. The date of service shall be the date on which the council delivered or mailed its approval or rejection in accordance with ORS 183.470. The application for rehearing shall set forth specifically the ground upon which the application is based. No objection to the council�s approval or rejection of an application for a site certificate or a site certificate amendment shall be considered on rehearing without good cause shown unless the basis for the objection is urged with reasonable specificity before the council in the site certificate or amended site certificate process. Upon such application, the council shall have the power to grant or deny rehearing or to abrogate or modify its order without further hearing. Unless the council acts upon the application for rehearing within 30 days after the application is filed, the application shall be considered denied. The filing of an application for rehearing shall not, unless specifically ordered by the council, operate as a stay of the site certificate or amended site certificate for the facility.

�� (2) Any party or limited party to a contested case proceeding on a site certificate or amended site certificate application may appeal a final order issued by the council under ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992, including the council�s approval or rejection of the site certificate or amended site certificate application. Issues on appeal shall be limited to those raised by the parties or limited parties to the contested case proceeding before the council. To appeal a final order, a petitioner shall establish individual or associational standing by demonstrating an injury to the petitioner or petitioner�s members resulting from the final order.

�� (3) Notwithstanding ORS 183.482 and 183.484, jurisdiction for judicial review of the council�s approval or rejection of an application for a site certificate or amended site certificate, including decisions related to or arising from a contested case on an application for a site certificate or amended site certificate, is conferred upon the Supreme Court. Proceedings for review shall be instituted by filing a petition in the Supreme Court. The petition shall be filed within 60 days after the date of service of the council�s final order approving or rejecting a site certificate or amended site certificate or within 30 days after the date the petition for rehearing is denied or deemed denied. Date of service shall be the date on which the council delivered or mailed its order in accordance with ORS 183.470.

�� (4) The filing of a petition for judicial review may not stay the order approving or rejecting a site certificate or amended site certificate, except that a party or limited party to the contested case, or any other person seeking judicial review of a decision related to or arising from a contested case, may apply to the Supreme Court for a stay upon a showing that there is a colorable claim of error and that:

�� (a) The petitioner will suffer irreparable injury; or

�� (b) Construction of the energy facility will result in irreparable harm to resources protected by applicable council standards or applicable agency or local government standards.

�� (5) If the Supreme Court grants a stay pursuant to subsection (4) of this section, the court:

�� (a) Shall require the petitioner requesting the stay to give an undertaking in the amount of $5,000.

�� (b) May grant a stay in whole or in part.

�� (c) May impose other reasonable conditions on the stay.

�� (6) Except as otherwise provided in ORS 469.320 and this section, the review by the Supreme Court shall be the same as the review by the Court of Appeals described in ORS

ORS 469B.164

469B.164 in 2011]

�� 469.220 [1979 c.512 �9; 2010 c.76 �13; 2011 c.693 �3; renumbered 469B.167 in 2011]

�� 469.225 [1979 c.512 �10; 2003 c.186 �27; 2008 c.29 �5; 2010 c.76 �14; 2011 c.474 �31; renumbered 469B.169 in 2011]

�� 469.228 [1989 c.926 �1; 1991 c.67 �134; 1991 c.641 �5; 1993 c.617 �1; repealed by 1999 c.880 �2]

ENERGY EFFICIENCY STANDARDS

�� 469.229 Definitions for ORS 469.229 to 469.261. As used in ORS 469.229 to 469.261, unless the context clearly requires otherwise:

�� (1) �� la carte charger� means a battery charger that is individually packaged without batteries, including a multiport charger or a charger with multivoltage capability.

�� (2) �Ballast� means a device used with an electric discharge lamp to obtain necessary circuit conditions for starting and operating the lamp.

�� (3) �Battery� or �battery pack� means an assembly of one or more rechargeable cells intended to provide electrical energy to a product, in one of the following forms:

�� (a) A detachable battery that is contained in an enclosure separate from the product and that is intended to be removed or disconnected from the product for charging; or

�� (b) An integral battery that is contained within the product and is not removed from the product for charging.

�� (4) �Battery analyzer� means a device:

�� (a) Used to analyze and report a battery�s performance and overall condition;

�� (b) Capable of being programmed and performing service functions to restore capability in deficient batteries; and

�� (c) Not intended or marketed to be used on a daily basis for the purpose of charging batteries.

�� (5) �Battery backup� or �uninterruptible power supply charger (UPS)� means a small battery charger system that is voltage and frequency dependent (VFD) and designed to provide power to an end-use product in the event of a power outage, including a UPS as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition), where the output of the VFD UPS is dependent on changes in AC input voltage and frequency and is not intended to provide additional corrective functions, such as those relating to the use of tapped transformers.

�� (6)(a) �Battery charger system� means a battery charger coupled with its batteries, including:

�� (A) Electronic devices with a battery that are normally charged from AC line voltage or DC input voltage through an internal or external power supply and a dedicated battery charger;

�� (B) The battery and battery charger components of devices that are designed to run on battery power during part or all of their operations;

�� (C) Dedicated battery systems primarily designed for electrical or emergency backup; and

�� (D) Devices whose primary function is to charge batteries, along with the batteries the devices are designed to charge, including chargers for power tool batteries and chargers for automotive, AA, AAA, C, D, or nine-volt rechargeable batteries and chargers for batteries used in larger industrial motive equipment and � la carte chargers.

�� (b) �Battery charger system� does not mean a battery charger:

�� (A) Used to charge a motor vehicle that is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells or other portable sources of electrical current, including a nonelectrical source of power designed to charge batteries and components thereof, except for battery chargers for forklifts, electric personal assistive mobility devices or low-speed vehicles;

�� (B) That is classified as a Class II or Class III device for human use under the Federal Food, Drug, and Cosmetic Act, as in effect on January 1, 2014, and that requires listing and approval as a medical device;

�� (C) Used to charge a battery or batteries in an illuminated exit sign, including those products that are a combination illuminated exit sign and emergency egress lighting;

�� (D) With input that is three phases of line-to-line 300 volts root mean square or more and is designed for a stationary power application;

�� (E) That is a battery analyzer;

�� (F) That is a voltage independent or voltage and frequency independent uninterruptible power supply as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition); or

�� (G) That is contained completely within a larger product and that provides power for data storage or for continuity within volatile cache or memory systems, that maintains information for system use and that is not capable of powering full operation of the larger product when external AC line voltage is removed.

�� (c) The charging circuitry of battery charger systems may or may not be located within the housing of the end-use device. In many cases, the battery may be charged with a dedicated external charger and power supply combination that is separate from the device that runs on power from the battery.

�� (7) �Battery maintenance mode� means the mode of operation when the battery charger system is connected to the main electricity supply and the battery is fully charged and connected to the charger.

�� (8) �Bottle-type water dispenser� and �water cooler� have the meanings given those terms by the Director of the State Department of Energy by rule.

�� (9) �Charge return factor� means the number of ampere-hours returned to the battery during the charge cycle divided by the number of ampere-hours delivered by the battery during discharge.

�� (10) �Combination television� means a system in which a television or television monitor and an additional device or devices, including a video cassette recorder, are combined into a single unit in which the additional device or devices are included in the television casing.

�� (11) �Commercial dishwasher� has the meaning given that term by the director by rule.

�� (12) �Commercial fryer� has the meaning given that term by the director by rule.

�� (13)(a) �Commercial hot food holding cabinet� means an appliance that is a heated, fully-enclosed compartment with one or more solid doors and is designed to maintain the temperature of hot food that has been cooked in a separate appliance.

�� (b) �Commercial hot food holding cabinet� does not include heated glass merchandising cabinets, drawer warmers or cook-and-hold appliances.

�� (14) �Commercial steam cooker� has the meaning given that term by the director by rule.

�� (15)(a) �Compact audio product,� also known as a mini, mid, micro or shelf audio system, means an integrated audio system encased in a single housing that includes an amplifier and radio tuner and attached or separable speakers that can reproduce audio from one or more of the following media:

�� (A) Magnetic tape;

�� (B) Compact disc;

�� (C) DVD; or

�� (D) Flash memory.

�� (b) �Compact audio product� does not include products that can be independently powered by internal batteries, have a powered external satellite antenna or can provide a video output signal.

�� (16) �Compensation� means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

�� (17) �Component television� means a television composed of two or more separate components, including separate display device and tuner, marketed as a television under one model or system designation and having one or more power cords.

�� (18) �Computer� has the meaning given that term by the director by rule.

�� (19) �Computer monitor� has the meaning given that term by the director by rule.

�� (20) �Digital versatile disc� or �DVD� means a laser-encoded plastic medium capable of storing a large amount of digital audio, video and computer data.

�� (21)(a) �Digital versatile disc player� or �digital versatile disc recorder� means a commercially available electronic product encased in a single housing that includes an integral power supply and for which the sole purpose is, respectively, the decoding and the production or recording of digitized video signal on a DVD.

�� (b) �Digital versatile disc recorder� does not include models that have an electronic programming guide function that provides an interactive, on-screen menu of television listings and downloads program information from the vertical blanking interval of a regular television signal.

�� (22) �Electric storage water heater� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (23) �Electronic programming guide� means an application that provides an interactive, on-screen menu of television listings that downloads program information from the vertical blanking interval of a regular television signal.

�� (24) �Faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (25) �High color-rendering index fluorescent lamp� and �high CRI fluorescent lamp� have the meanings given those terms by the director by rule.

�� (26) �High-intensity discharge lamp� means a lamp in which light is produced by the passage of an electric current through a vapor or gas, and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three watts per square centimeter.

�� (27)(a) �High light output double-ended quartz halogen lamp� means a lamp that:

�� (A) Is designed for general outdoor lighting purposes;

�� (B) Contains a tungsten filament;

�� (C) Has a rated initial lumen value of greater than 6,000 and less than 40,000 lumens;

�� (D) Has at each end a recessed single contact, R7s base;

�� (E) Has a maximum overall length between four and 11 inches;

�� (F) Has a nominal diameter less than three-fourths inch (T6); and

�� (G) Is designed to be operated at a voltage between 110 volts and 200 volts or is designed to be operated at a voltage between 235 volts and 300 volts.

�� (b) �High light output double-ended quartz halogen lamp� does not mean a lamp that is:

�� (A) A tubular quartz infrared heat lamp; or

�� (B) Marked and marketed as a stage and studio lamp with a rated life of 500 hours or less.

�� (28) �Inductive charger system� means a small battery charger system that transfers power to the charger through magnetic or electric induction.

�� (29) �Kitchen faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (30) �Kitchen replacement aerator� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (31)(a) �Large battery charger system� means a battery charger system with a rated input power of more than two kilowatts.

�� (b) �Large battery charger system� does not mean a battery charger system for golf carts.

�� (32) �Lavatory faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (33) �Lavatory replacement aerator� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (34) �Multiport charger� means a battery charger that is capable of simultaneously charging two or more batteries and that may have multivoltage capability, allowing two or more batteries of different voltages to charge simultaneously.

�� (35) �No battery mode� means the mode of operation in which a battery charger is connected to the main electricity supply and the battery is not connected to the charger.

�� (36) �Plumbing fitting� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (37) �Portable electric spa� has the meaning given that term by the director by rule.

�� (38) �Public lavatory faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (39) �Power conversion efficiency� means the instantaneous DC output power of the battery charger system divided by the simultaneous utility AC input power.

�� (40) �Pressure regulator� means a device that maintains constant operating pressure immediately downstream from the device, given higher pressure upstream.

�� (41) �Residential ventilating fan� has the meaning given that term by the director by rule.

�� (42) �Selected input mode� means the input port selected that the television uses as a source to produce a visible or audible output and that is required for televisions with multiple possible inputs, including coaxial, composite, S-Video, HDMI and component connectors.

�� (43) �Showerhead� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (44) �Small battery charger system� means:

�� (a) A battery charger system with a rated input power of two kilowatts or less.

�� (b) A golf cart battery charger system, regardless of input power or battery capacity.

�� (45) �Spray sprinkler body� means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice.

�� (46)(a) �Television� means an analog or digital device, including a combination television, a television monitor, a component television and any unit marketed as a television, designed for the display and reception of a terrestrial, satellite, cable or Internet protocol or other broadcast or recorded transmission of analog or digital video or audio signals.

�� (b) �Television� does not mean a computer monitor.

�� (47) �Television monitor� means a television that does not have an internal tuner, receiver or playback device.

�� (48) �Television standby-passive mode� means the mode of operation in which the television is connected to a power source, produces neither sound nor picture but can be switched into another mode with the remote control unit or via an internal signal.

�� (49) �USB charger system� means a small battery charger system that uses a universal serial bus (USB) connector as the only power source to charge the battery, and is packaged with an external power supply rated with a voltage output of five volts and a power output of 15 watts or less. [2005 c.437 �1; 2007 c.375 �1; 2007 c.649 �1; 2013 c.418 ��1,2; 2017 c.295 �1; 2021 c.108 �1; 2022 c.4 �1]

�� Note: 469.229 to 469.261 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.230 [1989 c.926 �3; repealed by 1999 c.880 �2]

�� 469.232 [1989 c.926 ��4,10; 1993 c.617 �2; 1997 c.249 �165; 1997 c.632 �9; repealed by 1999 c.880 �2]

�� 469.233 Energy efficiency standards. The following minimum energy efficiency standards for new products are established:

�� (1) Bottle-type water dispensers or water coolers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Water Coolers, Version 2.0,� must have an �on mode with no water draw� energy consumption less than or equal to the following values as measured in accordance with the test requirements of that specification:

�� (a) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;

�� (b) 0.87 kilowatt-hours per day for storage type hot and cold units; and

�� (c) 0.18 kilowatt-hours per day for on demand hot and cold units.

�� (2) Commercial hot food holding cabinets shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume, as determined by the �Idle Energy Rate-dry Test� in ASTM F2140-01, �Standard Test Method for Performance of Hot Food Holding Cabinets� published by ASTM International. Interior volume shall be measured in accordance with the method shown in the United States Environmental Protection Agency�s �Energy Star Program Requirements for Commercial Hot Food Holding Cabinets,� as in effect on August 15, 2003.

�� (3) Compact audio products may not use more than two watts in standby passive mode for those without a permanently illuminated clock display and four watts in standby passive mode for those with a permanently illuminated clock display, as measured in accordance with International Electrotechnical Commission (IEC) test method 62087:2002(E), �Methods of Measurement for the Power Consumption of Audio, Video, and Related Equipment.�

�� (4) Digital versatile disc players and digital versatile disc recorders may not use more than three watts in standby passive mode, as measured in accordance with International Electrotechnical Commission (IEC) test method 62087:2002(E), �Methods of Measurement for the Power Consumption of Audio, Video, and Related Equipment.�

�� (5) Portable electric spas manufactured on or after January 1, 2022, must meet the requirements of the American National Standards Institute�s �American National Standard for Portable Electric Spa Energy Efficiency (ANSI/APSP/ICC-14 2019).�

�� (6) A television manufactured on or after January 1, 2014, must automatically enter television standby-passive mode after a maximum of 15 minutes without video or audio input on the selected input mode. A television must enter television standby-passive mode when turned off with the remote control unit or via an internal signal. The peak luminance of a television in home mode, or in the default mode as shipped, may not be less than 65 percent of the peak luminance of the retail mode or the brightest selectable preset mode of the television. A television must meet the standards in the following table:

�� Television Standby-�� Maximum On Mode�� Minimum

�� Viewable�� passive Mode�� Power Usage (P in�� Power

�� Screen�� Power Usage�� Watts, A is Viewable�� Factor for

�� Area�� (Watts)�� Screen area)�� (P ≥ 100W)

�� < 1400 sq. in�� 1 W�� P ≤ 0.12 x A + 25�� 0.9

�� ≥ 1400 sq. in�� 3 W�� NA�� NA

�� (7)(a) Large battery charger systems manufactured on or after January 1, 2014, must meet the minimum efficiencies in the following table:

Standards for Large Battery Charger Systems

Performance�� Standard

Parameter

Charge Return

Factor�� 100 percent�� Crf ≤ 1.10

�� Depth of Discharge

�� 80 percent�� Crf ≤ 1.10

�� Depth of Discharge

�� 40 percent�� Crf ≤ 1.15

�� Depth of Discharge

Power Conversion

Efficiency�� ≥ 89 percent

Power Factor�� ≥ 0.90

Battery Maintenance

Mode Power�� ≤ 10

+0.0012Eb W

(Eb = battery

capacity of

tested battery)

No Battery

Mode Power�� ≤ 10 W

�� (b)(A) As described in subparagraph (B) of this paragraph, inductive charger systems and small battery charger systems must meet the minimum energy efficiency standards in the following table:

Standards for Inductive and Small Battery Charger Systems

Performance�� Standard

Parameter

Maximum 24-hour�� For Eb of 2.5 Wh or less: 16 x N

charge and

maintenance�� For Eb > 2.5 Wh and

energy (Wh)�� ≤ 100 Wh: 12 x N+1.6Eb

(Eb = capacity

of all batteries in�� For Eb :GREATNB. 100 Wh and

ports and N =�� ≤ 1000 Wh: 22 x N+1.5Eb

number of charger

ports)� �� For Eb > 1000 Wh:

�� 36.4 x N + 1.486Eb

Battery Maintenance�� The sum of battery maintenance mode power and no

Mode Power and No�� battery mode power must be less than or equal to:

Battery Mode Power (W)�� 1 x N+0.0021xEb

Power Factor (Eb = capacity

of all batteries in ports and

N = number of charger ports)

�� (B) The requirements in subparagraph (A) of this paragraph must be met by:

�� (i) Small battery charger systems for sale at retail that are not USB charger systems with a battery capacity of 20 watt-hours or more and that are manufactured on or after January 1, 2014.

�� (ii) Small battery charger systems for sale at retail that are USB charger systems with a battery capacity of 20 watt-hours or more and that are manufactured on or after January 1, 2014.

�� (iii) Small battery charger systems that are not sold at retail that are manufactured on or after January 1, 2017.

�� (iv) Inductive charger systems manufactured on or after January 1, 2014, unless the inductive charger system uses less than one watt in battery maintenance mode, less than one watt in no battery mode and an average of one watt or less over the duration of the charge and battery maintenance mode test.

�� (v) Battery backups and uninterruptible power supplies, manufactured on or after January 1, 2014, for small battery charger systems for sale at retail, which may not consume more than 0.8+ (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours.

�� (vi) Battery backups and uninterruptible power supplies, manufactured on or after January 1, 2017, for small battery charger systems not sold at retail, which may not consume more than 0.8+ (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours.

�� (C) The requirements in subparagraph (A) of this paragraph do not need to be met by an � la carte charger that is:

�� (i) Provided separately from and subsequent to the sale of a small battery charger system described in this paragraph;

�� (ii) Necessary as a replacement for, or as a replacement component of, a small battery charger system; and

�� (iii) Provided by a manufacturer directly to a consumer or to a service or repair facility.

�� (8) A high light output double-ended quartz halogen lamp manufactured on or after January 1, 2016, must have a minimum efficiency of:

�� (a) 27 lumens per watt for lamps with a minimum rated initial lumen value of greater than 6,000 lumens and a maximum initial lumen value of 15,000 lumens; or

�� (b) 34 lumens per watt for lamps with a rated initial lumen value of greater than 15,000 and less than 40,000 lumens.

�� (9) High CRI fluorescent lamps manufactured on or after January 1, 2023, must meet or exceed the lamp efficacy standards contained in 10 C.F.R. 430.32(n)(4), as in effect on January 1, 2020.

�� (10) Computers and computer monitors manufactured on or after January 1, 2022, must meet the requirements contained in the California Code of Regulations, Title 20, section 1605.3(v), as adopted on May 10, 2017, and amended on November 8, 2017.

�� (11) The following plumbing fittings manufactured on or after January 1, 2022, must meet the requirements in the California Code of Regulations, Title 20, section 1605.3(h), as in effect on January 1, 2020:

�� (a) Lavatory faucets and lavatory replacement aerators;

�� (b) Kitchen faucets and kitchen replacement aerators;

�� (c) Public lavatory faucets; and

�� (d) Showerheads.

�� (12) Commercial fryers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Commercial Fryers, Version 2.0,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (13) Commercial dishwashers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Commercial Dishwashers, Version 2.0,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (14) Commercial steam cookers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (15) Residential ventilating fans manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Residential Ventilating Fans, Version 3.2,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (16)(a) Electric storage water heaters manufactured on or after January 1, 2022, must have a modular demand response communications port compliant with:

�� (A) The March 2018 version of the ANSI/CTA-2045-A communication interface standard or a standard determined by the Director of the State Department of Energy to be equivalent; and

�� (B) The March 2018 version of the ANSI/CTA-2045-A application layer requirements.

�� (b) A request that the director determine that a communication interface standard is equivalent to the March 2018 version of the ANSI/CTA-2045-A communication interface standard under paragraph (a)(A) of this subsection must be made in the manner prescribed by the director by rule.

�� (17) Spray sprinkler bodies manufactured on or after January 1, 2023, and included in the scope of the United States Environmental Protection Agency�s �WaterSense Specification for Spray Sprinkler Bodies, Version 1.0,� must include an integral pressure regulator and meet the water efficiency and performance criteria and other requirements of that specification. [2005 c.437 �5; 2007 c.375 ��2,3; 2007 c.649 �2; 2013 c.418 ��3,4; 2015 c.276 ��1,2; 2021 c.108 �2; 2022 c.4 �2]

�� Note: See note under 469.229.

�� 469.234 [1989 c.926 ��5,9; 1993 c.617 �4; repealed by 1999 c.880 �2]

�� 469.235 [2007 c.375 �4; repealed by 2021 c.108 �7]

�� 469.236 [1989 c.926 �6; repealed by 1999 c.880 �2]

�� 469.238 Sale of products not meeting standards prohibited; exemptions. (1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, television, inductive charger system, large battery charger system, small battery charger system, high light output double-ended quartz halogen lamp, high color-rendering index fluorescent lamp, computer, computer monitor, lavatory faucet, kitchen faucet, public lavatory faucet, lavatory replacement aerator, kitchen replacement aerator, showerhead, commercial fryer, commercial steam cooker, commercial dishwasher, residential ventilation fan, electric storage water heater or spray sprinkler body unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.

�� (2) A person may sell or offer for sale a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:

�� (a) Manufactured in this state and sold outside this state;

�� (b) Manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state;

�� (c) Installed in a mobile or manufactured home at the time of construction; or

�� (d) Designed expressly for installation and use in recreational vehicles. [2005 c.437 ��2,3,4; 2007 c.649 �3; 2013 c.418 ��5,6; 2021 c.108 �3; 2022 c.4 �3]

�� Note: See note under 469.229.

�� 469.239 Installation of products not meeting standards prohibited; exemptions. (1) Except as provided in subsection (2) of this section, a person may not install a new bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, television, inductive charger system, large battery charger system, small battery charger system, high light output double-ended quartz halogen lamp, high color-rendering index fluorescent lamp, computer, computer monitor, commercial fryer, commercial steam cooker, commercial dishwasher, residential ventilation fan or spray sprinkler body for compensation unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.

�� (2) A person may install a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:

�� (a) Installed in a mobile or manufactured home at the time of construction; or

�� (b) Designed expressly for installation and use in recreational vehicles. [2005 c.437 �6; 2005 c.437 �7; 2007 c.649 �4; 2013 c.418 ��7,8; 2021 c.108 �4; 2022 c.4 �4]

�� Note: See note under 469.229.

�� 469.240 [1989 c.926 ��11,12; repealed by 1999 c.880 �2]

�� 469.241 [1993 c.617 �22; repealed by 1999 c.880 �2]

�� 469.242 [1993 c.617 �20; repealed by 1999 c.880 �2]

�� 469.243 [1993 c.617 �21; repealed by 1999 c.880 �2]

�� 469.244 [1989 c.926 ��16,25; repealed by 1993 c.617 �28]

�� 469.245 [1993 c.617 �19; repealed by 1999 c.880 �2]

�� 469.246 [1989 c.926 ��13,18; 1991 c.67 �135; 1993 c.617 �5; repealed by 1999 c.880 �2]

�� 469.247 [1993 c.617 �16; repealed by 1999 c.880 �2]

�� 469.248 [1989 c.926 �39; 1991 c.67 �136; 1993 c.617 �6; repealed by 1999 c.880 �2]

�� 469.249 [1993 c.617 �18; repealed by 1999 c.880 �2]

�� 469.250 [1989 c.926 ��7,8; 1991 c.67 �137; repealed by 1999 c.880 �2]

�� 469.252 [1989 c.926 ��14,15; repealed by 1993 c.617 �28]

�� 469.253 [1993 c.617 �17; repealed by 1999 c.880 �2]

�� 469.254 [1989 c.926 �19; 1993 c.617 �7; 1997 c.838 �6; repealed by 1999 c.880 �2]

�� 469.255 Manufacturers to test products; test methods; certification of products; rules. (1) A manufacturer of a product specified in ORS 469.238 that is sold or offered for sale, or installed or offered for installation, in this state shall test samples of the manufacturer�s products in accordance with the test methods specified in ORS 469.233 or, if more stringent, those specified in the state building code.

�� (2) If the test methods for products required to be tested under this section are not provided for in ORS 469.233 or in the state building code, the State Department of Energy shall adopt test methods for these products. The department shall use test methods approved by the United States Department of Energy or, in the absence of federal test methods, other appropriate nationally recognized test methods for guidance in adopting test methods. The State Department of Energy may periodically review and revise its test methods.

�� (3) A manufacturer of a product regulated pursuant to ORS 469.229 to 469.261 shall certify to the State Department of Energy that the products are in compliance with the minimum energy efficiency standards specified in ORS 469.233. The department shall establish rules governing the certification of these products and may coordinate with the certification and testing programs of other states and federal agencies with similar standards.

�� (4)(a) The department shall establish rules governing the identification of the products that comply with the minimum energy efficiency standards specified in ORS

ORS 471.023

471.023. [2005 c.734 �2]

�� Note: 455.068 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.

�� 455.070 Report of suspected code violation; rules; form; appeal. (1) Any person may report a suspected violation of the state building code that poses an imminent threat to public health or safety to the local building official or, where the code is state-administered, to the Department of Consumer and Business Services. The complaint shall be in writing and submitted under rules adopted by the department. The rules of the department shall provide for the disposition of frivolous or harassing complaints by requiring detailed descriptions of the alleged violation and reference to the code sections allegedly violated.

�� (2) The municipality or the department shall give notice of the complaint to the contractor, building owner and subcontractor, if any, involved in the project alleged to be in violation. The municipality or the department may charge the complainant for the necessary costs of supplying, copying and distributing the complaint form.

�� (3) If, after five working days, no remedial action has taken place, the complainant has standing to appeal the matter to the appeals board of the municipality, where one is established, or directly to the appropriate advisory board where there is no local appeals board. The municipal appeals board or state advisory board shall reach a final decision within 14 days of the complainant�s appeal. A municipal appeals board decision shall then be subject to appeal to a state advisory board under ORS 455.690, provided that the state advisory board shall reach a final determination within 14 days of notice of an appeal. A record of the written complaint and the findings of the appeals and advisory boards may be introduced into evidence in any judicial proceeding for damages brought against the complainant by any person suffering damages as a result of the complaint. [Formerly 456.842; 1993 c.744 �87; 2013 c.324 �6]

�� 455.080 Inspector may require proof of compliance. Notwithstanding ORS 455.630 (2), any inspector, including a specialty code inspector licensed under ORS 455.457, authorized by ORS 455.150 or 455.153 to determine compliance with the requirements of the state building code or any specialty code under this chapter may, in accordance with a compliance program as described in ORS 455.153 (2), require any person who is engaged in any activity regulated by the state building code to demonstrate proof of compliance with the applicable licensing, registration or certification requirements of ORS chapters 446, 447, 455, 460, 479, 480, 693 and 701. [Formerly

ORS 471.175

471.175;

�� (e) Prohibits persons under 21 years of age from entering the premises and posts notice of the prohibition;

�� (f) Does not offer video lottery games as authorized under ORS 461.217;

�� (g) Has a maximum seating capacity of 40 persons;

�� (h) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and

�� (i) Requires all employees to read and sign a document that explains the dangers of exposure to secondhand smoke.

�� (2) �Enclosed area� means the entirety of the space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling.

�� (3) �Inhalant� means nicotine, a cannabinoid or any other substance that:

�� (a) Is in a form that allows the nicotine, cannabinoid or substance to be delivered into a person�s respiratory system;

�� (b) Is inhaled for the purpose of delivering the nicotine, cannabinoid or other substance into a person�s respiratory system; and

�� (c)(A) Is not approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose; or

�� (B) If approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose, is not marketed and sold solely for that purpose.

�� (4)(a) �Place of employment� means an enclosed area under the control of a public or private employer, including work areas, employee lounges, vehicles that are operated in the course of an employer�s business and that are not operated exclusively by one employee, rest rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators and stairways.

�� (b) �Place of employment� does not include a private residence unless it is used as a child care facility as defined in ORS 329A.250 or a facility providing adult day care as defined in ORS 410.490.

�� (5) �Public place� means an enclosed area open to the public.

�� (6) �Smoke shop� means a business that is certified with the Oregon Health Authority as a smoke shop pursuant to the rules adopted under ORS 433.847.

�� (7) �Smoking instrument� means any cigar, cigarette, pipe or other instrument used to smoke tobacco, cannabis or any other inhalant. [1981 c.384 �2; 2001 c.990 �1; 2007 c.602 �1; 2009 c.595 �684; 2011 c.601 �1; 2015 c.158 �14; 2017 c.21 �108; 2017 c.732 �1]

�� 433.840 Policy. The people of Oregon find that because exposure to secondhand smoke, certain exhaled small particulate matter or other exhaled toxins is known to cause cancer and other chronic diseases such as heart disease, asthma and bronchitis, it is necessary to reduce exposure to such smoke, matter or toxins by prohibiting the smoking, aerosolizing or vaporizing of inhalants in all public places and places of employment. [1981 c.384 �1; 2007 c.602 �2; 2015 c.158 �15]

�� 433.845 Prohibition on aerosolizing, smoking or vaporizing in public place or place of employment. (1) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a public place or place of employment except as provided in ORS 433.850.

�� (2) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument within 10 feet of the following parts of public places or places of employment:

�� (a) Entrances;

�� (b) Exits;

�� (c) Windows that open; and

�� (d) Ventilation intakes that serve an enclosed area.

�� (3) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a room during the time that jurors are required to use the room. [1981 c.384 �3; 1985 c.752 �1; 2007 c.602 �3; 2015 c.158 �16]

�� 433.847 Smoke shop certification; rules. (1) The Oregon Health Authority shall adopt rules establishing a certification system for smoke shops and any rules necessary for the implementation, administration and enforcement of ORS 433.835 to 433.875. In adopting rules under this section, the authority shall prohibit the smoking, aerosolizing or vaporizing of inhalants that are not tobacco products in smoke shops.

�� (2) The authority shall issue a smoke shop certification to a business that:

�� (a)(A) Is primarily engaged in the sale, for off-premises consumption or use, of tobacco products and smoking instruments used to smoke tobacco products, with at least 75 percent of the gross revenues of the business resulting from such sales;

�� (B) Prohibits persons under 21 years of age from entering the premises;

�� (C) Does not offer video lottery games as authorized under ORS 461.217, social gaming or betting on the premises;

�� (D) Does not:

�� (i) Sell or offer food or beverages, including alcoholic beverages, for on-premises consumption; or

�� (ii) Allow on-premises consumption of alcoholic beverages;

�� (E) Is a stand-alone business with no other businesses or residential property attached to the premises;

�� (F) Has a maximum seating capacity of four persons; and

�� (G) Allows the smoking of tobacco product samples only for the purpose of making retail purchase decisions;

�� (b) On December 31, 2008:

�� (A) Met the requirements of paragraph (a)(A) to (D) of this subsection; and

�� (B)(i) Was a stand-alone business with no other businesses or residential property attached; or

�� (ii) Had a ventilation system that exhausted smoke from the business and was designed and terminated in accordance with the state building code standards for the occupancy classification in use; or

�� (c)(A) Was certified as a smoke shop under ORS 433.835, as in effect immediately before June 30, 2011, by the authority on or before December 31, 2012;

�� (B) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes;

�� (C) Does not:

�� (i) Sell or offer alcoholic beverages for on-premises consumption; or

�� (ii) Allow on-premises consumption of alcoholic beverages; and

�� (D) Prohibits persons under 21 years of age from entering the premises.

�� (3) A smoke shop certified under subsection (2)(b) of this section must renew the smoke shop certification every five years by demonstrating to the satisfaction of the authority that the smoke shop:

�� (a)(A) Meets the requirements of subsection (2)(a)(A) to (D) of this section; and

�� (B)(i) Is a stand-alone business with no other businesses or residential property attached; or

�� (ii) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and

�� (b) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes.

�� (4) A smoke shop certified under subsection (2)(c) of this section must renew the smoke shop certification every five years by demonstrating to the satisfaction of the authority that the smoke shop:

�� (a) Meets the requirements of ORS 433.835, as in effect immediately before June 30, 2011;

�� (b) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes;

�� (c) Does not:

�� (A) Sell or offer alcoholic beverages for on-premises consumption; or

�� (B) Allow on-premises consumption of alcoholic beverages; and

�� (d) Prohibits persons under 21 years of age from entering the premises.

�� (5) The owner of a smoke shop certified under subsection (2)(b) or (c) of this section may transfer the certification with ownership of the smoke shop if the transfer is made in accordance with rules adopted by the authority.

�� (6) A smoke shop certified under subsection (2)(b) of this section may continue to be certified in a new location under subsection (2)(b) of this section if:

�� (a)(A) The new location occupies no more than 3,500 square feet; or

�� (B) If the old location occupied more than 3,500 square feet, the new location occupies no more than 110 percent of the space occupied by the old location; and

�� (b) The smoke shop as operated in the new location:

�� (A) Meets the requirements of subsection (2)(a)(A) to (D) of this section;

�� (B)(i) Is a stand-alone business with no other businesses or residential property attached; or

�� (C) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes.

�� (7) A smoke shop certified under subsection (2)(c) of this section may continue to be certified in a new location under subsection (2)(c) of this section if:

�� (a)(A) The new location occupies no more than 3,500 square feet; or

�� (B) If the old location occupied more than 3,500 square feet, the new location occupies no more than 110 percent of the space occupied by the old location; and

�� (b) The smoke shop as operated in the new location:

�� (A) Meets the requirements of ORS 433.835, as in effect immediately before June 30, 2011;

�� (B) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes;

�� (C) Does not:

�� (i) Sell or offer alcoholic beverages for on-premises consumption; or

�� (ii) Allow on-premises consumption of alcoholic beverages; and

�� (D) Prohibits persons under 21 years of age from entering the premises.

�� (8) Rules adopted under this section must provide that, in order to obtain a smoke shop certification, a business must agree to allow the authority to make unannounced inspections of the business to determine compliance with ORS 433.835 to

ORS 476.033

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]

�� Note: 455.485 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.

�� 455.487 Prohibition on requiring frontage improvement as condition of obtaining construction permit. (1) As used in this section:

�� (a) �Alteration� means any construction or renovation to an existing structure other than a repair or addition to the existing structure.

�� (b) �Construction permit� means a building permit or a permit for electrical work, mechanical work or plumbing work in a building.

�� (c)(A) �Frontage improvement� means repairs to or construction or renovation of roadway surfaces, curbs, gutters, sidewalks and similar or related infrastructure that is:

�� (i) Privately constructed;

�� (ii) Located within a public right of way; and

�� (iii) Adjacent to property for which a municipality has issued a construction permit.

�� (B) �Frontage improvement� does not include repairing damage that a holder of a construction permit caused.

�� (2)(a) Except as provided in paragraph (b) of this subsection, a municipality with a population of 15,000 or more may not require in, or as a condition of obtaining, a construction permit to renovate or otherwise alter an existing building that the holder of the construction permit install a frontage improvement, or have a frontage improvement installed, if:

�� (A) The alteration does not result in an increase to the building�s square footage or footprint;

�� (B) The cost of the alteration does not exceed the amount the Director of the Department of Consumer and Business Services specifies under subsection (3) of this section; and

�� (C) Existing or proposed uses for the building do not result in a change to the occupancy classification group that applied to the building at the time the municipality received an application for the construction permit.

�� (b) The prohibition described in paragraph (a) of this subsection does not apply:

�� (A) To any of the following conditions a municipality may impose upon a construction permit:

�� (i) A dedication of right-of-way;

�� (ii) An assessment or required payment of a system development charge;

�� (iii) A waiver of remonstrance to the formation of a local improvement district; or

�� (iv) An assessment or collection of fees for a local improvement district or charges in lieu of a local improvement district assessment; or

�� (B) If the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as in effect on January 1, 2026, requires the municipality to include the installation of a frontage improvement as a condition in, or as a condition of obtaining, a construction permit.

�� (3) The director shall set the initial cost that an alteration may not exceed under subsection (2)(a)(B) of this section at $150,000 and each year shall adjust the cost to reflect changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

�� (4) If a municipality or the Department of Transportation requires a person to install a frontage improvement along a state highway as a condition in, or a condition of obtaining, a construction permit or obtaining final action on a permit or zone change under ORS 215.427 or 227.175, the municipality and the department shall coordinate with the person to determine if design, engineering or construction plans already exist for the required frontage improvement. [2025 c.486 �2]

�� Note: The amendments to 455.487 by section 3, chapter 486, Oregon Laws 2025, become operative January 1, 2031. See section 4, chapter 486, Oregon Laws 2025. The text that is operative on and after January 1, 2031, is set forth for the user�s convenience.

�� 455.487. (1) As used in this section:

�� (a) �Alteration� means any construction or renovation to an existing structure other than a repair or addition to the existing structure.

�� (b) �Construction permit� means a building permit or a permit for electrical work, mechanical work or plumbing work in a building.

�� (c)(A) �Frontage improvement� means repairs to or construction or renovation of roadway surfaces, curbs, gutters, sidewalks and similar or related infrastructure that is:

�� (i) Privately constructed;

�� (ii) Located within a public right of way; and

�� (iii) Adjacent to property for which a municipality has issued a construction permit.

�� (B) �Frontage improvement� does not include repairing damage that a holder of a construction permit caused.

�� (2)(a) Except as provided in paragraph (b) of this subsection, a municipality may not require in, or as a condition of obtaining, a construction permit to renovate or otherwise alter an existing building that the holder of the construction permit install a frontage improvement, or have a frontage improvement installed, if:

�� (A) The alteration does not result in an increase to the building�s square footage or footprint;

�� (B) The cost of the alteration does not exceed the amount the Director of the Department of Consumer and Business Services specifies under subsection (3) of this section; and

�� (b) The prohibition described in paragraph (a) of this subsection does not apply:

�� (A) To any of the following conditions a municipality may impose upon a construction permit:

�� (i) A dedication of right-of-way;

�� (ii) An assessment or required payment of a system development charge;

�� (iii) A waiver of remonstrance to the formation of a local improvement district; or

�� (iv) An assessment or collection of fees for a local improvement district or charges in lieu of a local improvement district assessment; or

�� Note: 455.487 was added to and made a part of 455.410 to 455.740 by legislative action but was not added to any other series therein. See Preface to Oregon Revised Statutes for further explanation.

ENERGY CONSERVATION

(Generally)

�� 455.490 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) The use of a consensus-based expedited review system for the uniform statewide adoption, implementation, application and enforcement of certain state building code requirements to promote energy efficiency and energy conservation will facilitate and expedite compliance with those state building code requirements by providing a comprehensive source for interpretation of requirements that integrate elements affecting a variety of specialty codes.

�� (2) The establishment of a Construction Industry Energy Board as an advisory board to the Department of Consumer and Business Services is an appropriate means for furthering the goal of facilitating and expediting state building code compliance related to energy efficiency and energy conservation.

�� (3) The creation of a Construction Industry Energy Board will improve state building code compliance with regard to energy efficiency and energy use standards by creating an additional body empowered to enforce those standards.

�� (4) The reorganization of certain existing advisory boards and the realignment of code enforcement responsibilities will enable the Department of Consumer and Business Services to more effectively ensure compliance with state building code specialty codes by increasing the focus of appropriate technical expertise, making the advisory boards more responsive to inquiries regarding code requirements and streamlining code enforcement responsibilities. [2009 c.567 �1]

�� Note: 455.490 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.492 Construction Industry Energy Board. (1) There is established a Construction Industry Energy Board, consisting of 11 members. The membership shall consist of the following:

�� (a) Two members selected by the Electrical and Elevator Board from the members of the Electrical and Elevator Board who have practical experience in the electric industry.

�� (b) Two members selected by the Residential and Manufactured Structures Board from the members of the Residential and Manufactured Structures Board who have practical experience in the residential structure industry or manufactured structure industry.

�� (c) Two members selected by the Building Codes Structures Board from the members of the Building Codes Structures Board who have practical experience in construction.

�� (d) Two members selected by the State Plumbing Board from the members of the State Plumbing Board who have practical experience in construction.

�� (e) Two members selected by the Mechanical Board from the members of the Mechanical Board who have practical experience in construction.

�� (f) One member who is an employee or officer of the State Department of Energy appointed by the Director of the State Department of Energy.

�� (2) The Construction Industry Energy Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of those positions as the board determines.

�� (3) Except as provided in ORS 455.496 (2), a majority of the members of the board constitutes a quorum for the transaction of business.

�� (4) A member of the board is not entitled to compensation, but at the discretion of the director may be reimbursed from funds available to the Department of Consumer and Business Services for actual and necessary travel and other expenses incurred by the member in the performance of the member�s official duties in the manner and amount provided in ORS 292.495. [2009 c.567 �2; 2009 c.567 �12; 2011 c.272 �22; 2013 c.255 �3]

�� Note: 455.492 and 455.496 were added to and made a part of ORS chapter 455 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.496 Standards relating to energy use and energy efficiency aspects of specialty codes; rules; enforceability. (1) The Construction Industry Energy Board may evaluate and approve or disapprove proposed state building code standards relating to the energy use and energy efficiency aspects of the electrical, structural, prefabricated structure and low-rise residential specialty codes. The proposed standards evaluated by the board may include, but need not be limited to, standards regarding energy-conserving technology, construction methods, products and materials. The board shall forward any proposed standards recommended by the board to the Director of the Department of Consumer and Business Services for adoption or rejection by the director.

�� (2) Approval by seven or more board members is required in order to recommend adoption of an energy construction standard to the director. If the standard relates to a specialty code that is administered by an advisory board described in ORS

ORS 476.170

476.170, 476.210 to 476.270, 476.990 (1)(a) and 479.168 to 479.190 are remedial in nature and shall be construed liberally. [Amended by 2011 c.97 �2; 2023 c.347 �5]

�� 476.725 Statewide standards for residential carbon monoxide alarms; rules. (1) The State Fire Marshal shall adopt rules establishing minimum standards for carbon monoxide alarms in one and two family dwellings and multifamily housing. The rules adopted by the State Fire Marshal may include, but need not be limited to, rules establishing minimum standards for the design, inspection, testing and maintenance of carbon monoxide alarms.

�� (2) The State Fire Marshal shall adopt rules establishing standards for the placement and location of carbon monoxide alarms in one and two family dwellings and multifamily housing that were not subject to state building code requirements for carbon monoxide alarm placement or location at the time of construction.

�� (3) In adopting rules under this section, the State Fire Marshal shall give consideration to state building code requirements and any standards adopted by national safety organizations.

�� (4) Notwithstanding ORS 476.030, State Fire Marshal rules adopted under this section shall apply for all governmental subdivisions in the state. A governmental subdivision, as defined in ORS 476.005 may not enact or enforce any local ordinance, rule or regulation regarding the design, inspection, testing, maintenance, placement or location of carbon monoxide alarms. [2009 c.591 �4]

�� Note: 476.725 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.730 Notice prior to release or after escape of arsonist from state institution. (1) The superintendent of each Department of Corrections institution of this state and of each institution for persons with mental illness shall, prior to the release, or immediately after the escape, from such institution of any person committed to such institution for arson or arsonist activity, notify the State Fire Marshal and the Department of State Police except that such notice shall not be required when such persons are on approved leave from such institutions for periods of not to exceed 10 days. The notice shall state the name of the person to be released or who has escaped, the county in which the person was convicted or from which the person was committed and, if known, the address or locality at which the person will reside.

�� (2) Promptly upon receipt of the notice, the State Fire Marshal and the Department of State Police shall notify respectively the fire departments and rural fire protection districts who maintain full-time personnel and the sheriff and police departments of the county in which the person was convicted or from which the person was committed and the county, if known, in which the person will reside. [1957 c.245 ��1,2; 1959 c.26 �1; 1965 c.602 �16; 1987 c.320 �237; 2007 c.70 �271]

�� 476.735 Sky lantern prohibition. (1) As used in this section, �sky lantern� means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne.

�� (2) A person may not release a sky lantern into the airspace of this state.

�� (3) Violation of this section is a Class A violation.

�� (4) In addition to any enforcement officer specifically identified in ORS 153.005, a citation for a violation of this section may be issued by:

�� (a) The State Fire Marshal, employees of the Department of the State Fire Marshal or assistants to the State Fire Marshal as described in ORS 476.040 or 476.060;

�� (b) The Director of the Oregon Department of Aviation or employees specifically designated by the director under ORS 837.100 to enforce violations;

�� (c) The State Forester or the State Forestry Department, or any employee specifically designated by the State Forester or the department under ORS 477.985 to enforce violations; or

�� (d) The State Parks and Recreation Director or any State Parks and Recreation Department employee specifically designated by the director under ORS 390.050 to enforce violations. [2016 c.123 �1; 2021 c.539 �133]

Note: 476.735 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.740 [1967 c.417 �12; repealed by 1971 c.743 �432]

�� 476.750 [1967 c.417 �14; repealed by 1971 c.743 �432]

REDUCED IGNITION PROPENSITY CIGARETTES

�� 476.755 Definitions for ORS 476.755 to 476.790 and 476.995. As used in ORS 476.755 to 476.790 and 476.995:

�� (1) �Cigarette� means a roll for smoking:

�� (a) That is made wholly of tobacco, or of tobacco and any other substance, regardless of size, shape or flavoring or adulteration by or mixing with other ingredients, the wrapper of which is made of paper or other nontobacco materials; and

�� (b) That, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette.

�� (2) �Distribute� means to do any of the following:

�� (a) Sell cigarettes or deliver cigarettes for sale by another person to consumers.

�� (b) Receive or retain more than 199 cigarettes at a place of business where the person receiving or retaining the cigarettes customarily sells cigarettes or offers cigarettes for sale to consumers.

�� (c) Place cigarettes in vending machines.

�� (d) Sell or accept orders for cigarettes that are to be transported from a point outside this state to a consumer within this state.

�� (e) Buy cigarettes directly from a manufacturer or wholesale dealer for resale in this state.

�� (f) Give cigarettes as a sample, prize, gift or other promotion.

�� (3) �Manufacturer� means:

�� (a) An entity that produces, or causes the production of, cigarettes for sale in this state;

�� (b) An importer or first purchaser of cigarettes that intends to resell within this state cigarettes that were produced for sale outside this state; or

�� (c) A successor to an entity, importer or first purchaser described in paragraph (a) or (b) of this subsection.

�� (4) �Packaging� includes, but is not limited to, cigarette soft packs, boxes, cartons and cases.

�� (5) �Quality control and assurance program� means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of testing.

�� (6) �Reduced ignition propensity� means meeting the fire safety performance standard described in ORS 476.770 (6).

�� (7) �Repeatability� means the range of values within which the repeat results of ignition propensity testing by a single laboratory will fall 95 percent of the time.

�� (8) �Retail dealer� means a person, other than a manufacturer or wholesale dealer, that engages in distributing cigarettes.

�� (9) �Sell� means to transfer, or agree to transfer, title or possession for a monetary or nonmonetary consideration.

�� (10) �Variety� means a type of cigarette marketed by the manufacturer as being distinct from other types of cigarettes on the basis of brand name, length, filter, wrapping, flavoring or other characteristics as the State Fire Marshal may provide by rule.

�� (11) �Wholesale dealer� means a person that distributes cigarettes to:

�� (a) A retail dealer or other person for resale; or

�� (b) A person that owns, operates or maintains cigarette vending machines on premises owned or operated by another person. [2007 c.34 �1]

�� Note: 476.755 to 476.806 and 476.995 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.760 Prohibition against distributing or offering certain cigarettes; improper packaging markings; seizure and forfeiture; interagency agreements; inspections; rules. (1) A person may not distribute or offer to sell a cigarette within this state unless the cigarette is of a variety the State Fire Marshal has determined to have reduced ignition propensity.

�� (2) Cigarette packaging may not bear a marking or other device identifying the packaged cigarettes as having reduced ignition propensity other than a packaging marking approved for use with those cigarettes by the State Fire Marshal under ORS

ORS 476.610

476.610.

�� (b) Provide additional living expenses to an insured, subject to the policy limits for additional living expenses, for a period of 24 months after the date of the damage or loss to the insured�s primary dwelling if the damage or loss occurred in a location that was subject to a declaration of a state of emergency under ORS 401.165 and the damage or loss is directly related to the emergency that was the subject of the declaration.

�� (c) Add time to each of the periods described in paragraphs (a) and (b) of this subsection in increments of six months for a total period of not more than 24 months under paragraph (a)(A) of this subsection and a total period of not more than 36 months under paragraphs (a)(B) and (b) of this subsection if an insured, acting in good faith and with reasonable diligence, encounters unavoidable delays in obtaining a construction permit, lacks necessary construction materials, lacks available contractors to perform necessary work or encounters other circumstances beyond the insured�s control.

�� (3) Subsection (2) of this section does not prohibit an insurer from allowing an insured additional time to collect the full replacement cost for lost or damaged property or for additional living expenses.

�� (4) A policy of homeowner insurance may not limit or deny a payment of the replacement cost or building code upgrade cost, including a payment of any extended replacement cost available under the policy coverage, for an insured�s structure that was a total loss on the basis that the insured decided to rebuild in a new location or to purchase an existing structure in a new location if the policy otherwise covers the replacement cost or building code upgrade cost, except that the measure of indemnity may not exceed the replacement cost, building code upgrade cost or extended replacement cost for repairing, rebuilding or replacing the structure at the original location of the loss. [2021 c.262 �2; 2023 c.67 �3]

�� 742.273 Property losses in locations subject to declarations of emergency; required provisions of homeowner insurance policy; limits on payments. If a loss covered under a policy of homeowner insurance, as defined in ORS 746.600, occurs in a location that was subject to a declaration of emergency under ORS 401.165 and the loss is directly related to the emergency that was the subject of the declaration, the policy of homeowner insurance must require the insurer to combine coverage limits that apply to claims for a loss of the insured�s primary dwelling and claims for a loss of other covered structures if the coverage limit that applies to the insured�s primary dwelling is insufficient to pay for rebuilding or replacing the primary dwelling. The amount an insurer pays under the total combined coverage limits may not exceed the amount that would be necessary to repair the actual damage to, or replace, as appropriate, the insured�s primary dwelling. The insurer shall pay in accordance with the terms of the policy of homeowner insurance the amount of any claim for a loss other than damage to the insured�s primary dwelling. [2021 c.262 �3]

�� 742.276 Estimates of cost to rebuild or replace covered property. An insurer shall provide to an insured every other year at the time the insurer offers to renew a policy of homeowner insurance, as defined in ORS 746.600, an opportunity to obtain a new estimate of the cost necessary to rebuild or replace the covered property if the insured provides information necessary for the estimate. [2021 c.262 �4]

�� 742.277 Notice of cancellation, nonrenewal or rate change related to wildfire risk; risks and remedies; additional requirements; rules. (1) As used in this section:

�� (a) �Homeowner insurance� has the meaning given that term in ORS 746.600.

�� (b) �Wildfire risk mitigation action� means an action that reduces wildfire risk to property, including:

�� (A) A property-level action, such as establishing defensible space, hardening a building or receiving certification from the Insurance Institute for Business and Home Safety for a Wildfire Prepared Home or a similar entity.

�� (B) A community-level action, such as receiving recognition as a Firewise USA Site in Good Standing or recognition from a similar entity or participating in community risk reduction programs established by the State Fire Marshal.

�� (2) An insurer that cancels or decides not to renew a homeowner insurance policy for a property, or that increases a premium for a homeowner insurance policy for a property, for a reason that is not nonpayment of a premium and that is materially related to wildfire risk, shall send a notice of the cancellation, decision not to renew or premium increase to the insured that describes:

�� (a) Any property-specific characteristics related to wildfire risk that resulted in the cancellation, decision not to renew or premium increase.

�� (b) Wildfire risk mitigation actions the insured could undertake to improve the insurability of the property, if there are any.

�� (c) If the insurer used wildfire risk scores or classifications to assess the property, the following information:

�� (A) In plain language, a description of how wildfire risk scores and classifications are determined, including a description of any general variables the insurer considers.

�� (B) The range of wildfire risk scores or classifications that could potentially be assigned to a property.

�� (C) The relative position of the wildfire risk score or classification assigned to the property.

�� (D) Impacts, if there are any, that wildfire risk mitigation actions could have on a wildfire risk score or classification assigned to the property.

�� (d) General information about factors the insurer considers in order to classify, measure or otherwise determine the wildfire risk to a property.

�� (e) Any other information specified by rule by the Department of Consumer and Business Services.

�� (3) In addition to the requirements of subsection (2) of this section, a notice for a premium increase that is materially related to wildfire risk must describe:

�� (a) What wildfire risk mitigation actions the insured could undertake, if any, that would result in a discount, incentive or other premium adjustment.

�� (b) The amount of the potential discount, incentive or other premium adjustment. [2023 c.67 �1]

�� Note: 742.277 and 742.278 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 742 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 742.278 Prohibition on uses of map of wildfire risk or exposure. An insurance company may not use a map published by an agency of this state that identifies areas of wildfire risk or exposure as a basis for:

�� (1) Canceling or declining to renew a homeowner insurance policy; or

�� (2) Increasing a premium for a homeowner insurance policy. [2023 c.67 �4]

�� Note: See note under 742.277.

HOME PROTECTION INSURANCE

�� 742.280 Home protection insurance; rules. (1) A home protection policy shall specify:

�� (a) The home, home components and personal property relating to the home or its components that are covered by the policy.

�� (b) The exclusions to and limitations on the coverage.

�� (c) The period during which the policy will be in effect and the renewal terms, if any.

�� (d) The particulars regarding the performance of services, if any, by or on behalf of the insurer, including but not necessarily limited to the following:

�� (A) The kinds of services to be performed by or on behalf of the insurer, and the terms and conditions of the performance.

�� (B) The service fee or deductible amount, if any, to be charged for the services.

�� (C) All limitations regarding the performance of services, including any restrictions on the time period during which, or geographical area within which, services may be requested or will be performed.

�� (D) A statement that services will be performed upon the insured�s telephoned request to the insurer, without any requirement that a claim form or service application be filed before service is performed.

�� (E) A representation that services will be initiated by or under the direction of the insurer within 48 hours after request is made for services.

�� (e) All other provisions which are required by the Insurance Code or by rules issued by the Director of the Department of Consumer and Business Services.

�� (2) A home protection policy shall be noncancelable during the term for which it is originally written, except for nonpayment of the premium charge for the policy or for fraud or misrepresentation of facts material to the issuance of the policy. However, a policy providing coverage while the subject home is being offered for sale is cancelable in accordance with the policy provisions if no sale is made. A home protection policy is not renewable unless its terms provide otherwise.

�� (3) The director may adopt rules regarding home protection policies in order to protect the interests of persons affected by the policy contract. The director may not adopt rules specifying the home components or related personal property which must be covered by a home protection policy, except to the extent necessary to:

�� (a) Obtain fairness in the exclusions from coverage; or

�� (b) Avoid illusory coverage caused by the nature or extent of the exclusions from coverage. [Formerly 743.690]

MORTGAGE INSURANCE

�� 742.282 Limitations on issuance of mortgage insurance. (1) No mortgage insurer shall provide insurance with respect to an obligation which exceeds, solely or in combination with liens existing at the time the insured loan is made:

�� (a) Ninety-five percent of the fair market value of the securing property at the time the loan is made, or such higher percentage as may be authorized by the Director of the Department of Consumer and Business Services and permitted by the insurer�s domicile, if the obligation insured is secured by a mortgage, deed of trust or other instrument constituting a first lien or first charge.

�� (b) Ninety percent of the fair market value of the securing property at the time the loan is made, or such higher percentage as may be authorized by the director and permitted by the insurer�s domicile, if the obligation insured is secured by a mortgage, deed of trust or other instrument constituting a junior lien or junior charge. In determining the 90 percent limitation, the full amount of a line of credit to be secured by a junior lien shall be considered the amount of the loan.

�� (2) A mortgage insurer at its option may limit its coverage net of reinsurance to a maximum of 25 percent of the amount of the obligation insured if the obligation insured is secured by a mortgage, deed of trust or other instrument constituting a first lien or first charge. In such event, the mortgage insurer may, in lieu of acquiring title to the property securing the obligation and paying the entire obligation, elect to pay its coverage percent of the obligation. In computing the aggregate amount of insured obligations under ORS 731.516, only the percent of the coverage net of reinsurance on the insured obligation shall be included in the aggregate amount.

�� (3) A mortgage insurer may insure an obligation secured by a mortgage, deed of trust or other instrument constituting a junior lien or junior charge, subject to the following provisions:

�� (a) The mortgage insurer shall limit its coverage net of reinsurance to a maximum of 25 percent of the amount of the obligation insured and all liens existing at the time the insured loan is made. In computing the aggregate amount of insured obligations under ORS 731.516, only the percent of the coverage net of reinsurance shall be included in the aggregate amount.

�� (b) Notwithstanding paragraph (a) of this subsection, the mortgage insurer may elect to insure a portfolio of loans secured by instruments constituting a junior lien on real estate, provided that the total amount at risk in any one portfolio shall not at any time exceed 20 percent of the original principal mortgage loans insured.

�� (c) In lieu of acquiring title to the property securing an obligation to which this subsection applies and paying the entire obligation, the mortgage insurer may elect to pay its coverage percent of the obligation.

�� (4) A mortgagor shall not be required to pay, directly or indirectly, the cost of mortgage insurance on a loan secured by a junior lien when the indebtedness evidencing that loan, combined with all existing mortgage loan amounts at the time the loan is made, is less than 60 percent of the fair market value of the real estate at the time the junior loan is made. No mortgagee or financial institution shall be required to obtain mortgage insurance or junior lien mortgage insurance by reason of this section.

�� (5) No mortgage insurer shall issue a policy of lease insurance with respect to real property not improved by a building or buildings designed to be occupied for industrial or commercial purposes. [Formerly 746.030 and then 743.705; 1991 c.67 �197; 1995 c.582 �2]

�� 742.284 Insured obligations as legal investments and securities for deposit. (1) Obligations insured by mortgage insurance policies issued in conformity with the Insurance Code shall be legal investments for all trust funds held by any executor, administrator, conservator, trustee or other person or corporation holding trust funds, and also for the funds of banks, banking institutions and trust companies, and shall be accepted by this state and its officers and officials as securities constituting any part of any fund or deposit required by law to be made with this state, or any officer or official thereof, by any trust company doing business in this state. All premiums required to be paid according to the terms of any such mortgage insurance policy may be charged to or paid out of the income from the obligations covered thereby. In the case of such fund or deposit required by law, such obligations must constitute a first lien on real property that is worth at least double the amount of such lien.

�� (2) The provisions of subsection (1) of this section with respect to legal investments for funds shall also apply to obligations not so insured if:

�� (a) The obligation constitutes a first lien upon a marketable title to real property;

�� (b) There exists a lease insurance policy covering the property securing the obligation, issued in conformity with the Insurance Code;

�� (c) The aggregate lease payments so insured exceeds the amount of the obligation; and

�� (d) The insurer is legally bound to remit all lease insurance proceeds directly to the owner of the obligation. [Formerly 746.080 and then 743.708]

�� 742.286 Mortgage insurance; who may write. All policies and contracts of insurance covering liens or security interests in real property shall be written by authorized mortgage insurers. No other class of insurer may write any form of mortgage insurance. [Formerly 743.711]

�� 742.300 [Formerly 743.720; repealed by 1993 c.265 �14]

�� 742.302 [Formerly 743.723; repealed by 1993 c.265 �14]

SURETY INSURANCE

�� 742.350 Bonds, undertakings and other obligations required by law may be executed by surety insurers. (1) Whenever any bond, undertaking, recognizance, or other obligation is by law or the charter, ordinance, rules or regulations of any municipality, board, body, organization, court, judge or public officer required or permitted to be made, given, tendered or filed with surety or sureties, and whenever the performance of any act, duty or obligation, or the refraining from any act is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance or guaranty may be executed by an authorized surety insurer.

�� (2) The execution by such an insurer of any such obligation is in all respects a full and complete compliance with every requirement that it be executed by one surety, or by one or more sureties, or that such sureties be residents or householders, or freeholders, or either or both, or possess any other qualification.

�� (3) A surety insurer may be required to justify as surety. It shall be sufficient justification for such surety insurer when examined as to its qualifications to exhibit the certificate of authority issued to it by the Director of the Department of Consumer and Business Services or a certified copy thereof. [Formerly

ORS 478.855

478.855.

�� (3) A revenue bond issued under ORS 478.845 to 478.875 shall not constitute a debt of the city or district within the meaning of any statutory limitation. [1995 c.725 �4; 2007 c.783 �210]

�� Note: See note under 478.840.

�� 478.855 Loan fund created from bond proceeds; other sources for fund. (1) Proceeds of revenue bonds issued and sold under ORS 478.845 to 478.875 that are to be used to fund loans to persons for acquisition and installation of fire safety systems in structures owned by the borrowers shall be deposited in a loan fund created for the purpose by a city or district.

�� (2) In addition to proceeds from the sale of revenue bonds, the loan fund created by this section shall consist of:

�� (a) Moneys repaid to the fund by borrowers who received loans from the fund.

�� (b) Proceeds of the sales of structures acquired by the city or district as a result of loan defaults.

�� (c) Other revenues, as defined in ORS 287A.001, as determined by the city or district. [1995 c.725 �7; 2007 c.783 �211]

�� Note: See note under 478.840.

�� 478.860 Standards for eligibility for loans for fire safety systems. (1) The governing body of a city or district shall adopt standards to determine the eligibility of borrowers to borrow money from the loan fund established under ORS 478.855 for the purpose of acquiring and installing a fire safety system in a privately owned structure owned by the borrower.

�� (2) The governing body of a city or district shall also adopt a list of fire safety systems that may be financed with loans made under ORS 478.845 to 478.875. [1995 c.725 �3]

�� Note: See note under 478.840.

�� 478.865 Loan contract; repayment plan; terms and conditions. (1) Any loan contract providing for a loan of moneys to a borrower by a city or district shall include a plan for repayment by the borrower of moneys borrowed plus interest. The repayment plan:

�� (a) Shall provide that the city or district obtain a lien on the structure in which a fire safety system is installed. Except for tax liens, the lien acquired by the city or district shall have priority over all other liens on the structure.

�� (b) Shall provide for such other assurance of, and security for, repayment by the borrower as is considered necessary by the city or district.

�� (c) Shall set forth the interest rate on the loan as reasonably determined by the city or district.

�� (d) Shall provide for repayment during a period that shall be the lesser of the useful life of the proposed fire safety system or the term of the bond as determined by the city or district.

�� (2) A loan contract under subsection (1) of this section may provide that the amount of repayment by a borrower include an amount sufficient to reimburse the city or district for the borrower�s allocable share of the costs of issuing revenue bonds under ORS 478.845 to 478.875 to finance the loan contract, all administrative expenses relating to the loan contract and such amounts as may be established by the city or district to maintain a reserve in the loan fund created under ORS 478.855 to pay or reimburse future losses directly related to the loans financed with moneys from the loan fund. [1995 c.725 �5]

�� Note: See note under 478.840.

�� 478.870 Powers granted to enforce loan contracts and secure payment of bonds; reserve fund. In addition to any other powers granted by law, a city or district may:

�� (1) Make all contracts, execute all instruments and do all things necessary or convenient for the exercise of the powers granted by ORS 478.845 to 478.875, or for the performance of its covenants or duties, or in order to secure the payment of its bonds;

�� (2) Enter into and perform such contracts and agreements with borrowers as the city or district considers proper and feasible for or concerning the financing and installation of fire safety systems;

�� (3) Enter into covenants for the benefit of bond owners regarding the use and expenditure of moneys in the loan fund created by ORS 478.855; and

�� (4) Establish a reserve fund or account for the benefit of bond owners and provide that the reserve fund or account may be funded with bond proceeds, from moneys held in the general fund, an enterprise fund or other fund of the city or district or from such other revenues or sources as the governing body of the city or district may determine. [1995 c.725 �6]

�� Note: See note under 478.840.

�� 478.875 Remedies for breach of loan contract. If a borrower fails to comply with a contract entered into under ORS 478.865, the city or district may seek appropriate legal remedies to secure any repayment due the loan fund created by ORS 478.855. [1995 c.725 �8]

�� Note: See note under 478.840.

�� 478.880 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) The best interest of the state is served by providing financial incentives for the installation of fire safety systems in multifamily housing.

�� (2) The design and nature of multifamily housing creates a higher fire risk than the risk to single family housing and exposes tenants to fire risks that are not within the control of the tenants.

�� (3) The presence of fire safety systems helps to defray costs for fire district equipment and equipment maintenance.

�� (4) Although the state building code allows local jurisdictions to require the installation of fire safety systems in new construction on a cost-neutral basis, there is no equivalent program for retrofitting or remodeling existing multifamily structures.

�� (5) A fire safety incentive program serves the purpose of providing financial incentive for the installation of fire safety systems in existing multifamily housing. [2001 c.614 �1]

�� Note: 478.880 and 478.885 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 478 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 478.885 Payment or repayment for cost of fire safety system installation in multifamily housing. (1) As used in this section:

�� (a) �District� means a rural fire protection district organized pursuant to ORS chapter 478.

�� (b) �Fire safety system� means a device or series of devices that protects structures from damage or destruction by fire, protects people from injury by fire or minimizes the effects of fire. �Fire safety system� includes, but is not limited to, automatic fire sprinkler systems.

�� (c) �Multifamily housing� means a structure established primarily to provide residential spaces and that provides more than one living unit. �Multifamily housing� does not include nursing homes, adult foster homes, hospitals, motels or hotels, dormitories or state institutions.

�� (d) �Owner� includes a purchaser under a recorded instrument of sale.

�� (2) A district may, by ordinance, establish a program that pays or repays to landlords part of the costs of installing fire safety systems in multifamily housing existing within the district on the effective date of the ordinance. Except as provided in this subsection, the district may establish the parameters of the program. A payment or repayment rate under the program may not exceed 50 percent of the cost of installing the fire safety system. The payment or repayment amount available for a property may not exceed the total amount paid during the preceding 10 years for all property taxes on the property, less any payment or repayment amount already provided for fire safety system installation on the property. The program must provide for the owner of the multifamily housing to apply on a form approved by the district. The program must include a uniform process for the evaluation of an application submitted by the owner of the multifamily housing. The uniform process must provide for a public hearing to determine whether the property qualifies for payment or repayment by the district. [2001 c.614 �2]

�� Note: See note under 478.880.

FIRE PREVENTION CODE; FIRE PERMITS

�� 478.910 Adoption of fire prevention code. A district board may, in accordance with ORS 198.510 to 198.600, adopt a fire prevention code. [Amended by 1969 c.667 �54; 1971 c.268 �19]

�� 478.920 Scope of fire prevention code. The fire prevention code may provide reasonable regulations relating to:

�� (1) Prevention and suppression of fires.

�� (2) Mobile fire apparatus means of approach to buildings and structures.

�� (3) Providing fire-fighting water supplies and fire detection and suppression apparatus adequate for the protection of buildings and structures.

�� (4) Storage and use of combustibles and explosives.

�� (5) Construction, maintenance and regulation of fire escapes.

�� (6) Means and adequacy of exit in case of fires and the regulation and maintenance of fire and life safety features in factories, asylums, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private residences, which are occupied for sleeping purposes, and all other places where large numbers of persons work, live or congregate from time to time for any purpose.

�� (7) Requiring the issuance of permits by the fire chief of the district before burning trash or waste materials.

�� (8) Providing for the inspection of premises by officers designated by the board of directors, and requiring the removal of fire hazards found on premises at such inspections. [Amended by 1969 c.667 �55; 1977 c.292 �1]

�� 478.924 Approval of code by city or county required. The provisions of a fire prevention code adopted by a district after October 4, 1977, shall not apply within any city or county within the district unless the governing body of the city or county approves the fire code by resolution. [1977 c.292 �5]

�� 478.927 Building permit review for fire prevention code. A district adopting a fire prevention code shall provide plan review at the agency of the city or county responsible for the issuance of building permits for the orderly administration of that portion of the fire prevention code that requires approval prior to the issuance of building permits. [1977 c.292 �4]

�� 478.930 Violation of code; failure to remove hazards; burning waste without permit prohibited. When a district has adopted a fire prevention code as provided in ORS 478.910:

�� (1) No person shall violate the provisions of the code or fail to remove hazards found on inspection within the time set by the inspecting officer, after written notice to either the owner or occupant of the premises.

�� (2) No person shall burn waste materials or trash in an unguarded manner without a permit, when a permit is required by the district code or this chapter. [Amended by 1969 c.667 �56]

�� 478.940 [Amended by 2021 c.539 �138; repealed by 2025 c.179 �3]

�� 478.960 Burning of certain materials permitted only with permission of fire chief; damage or injury; burning schedules and restrictions. (1) No one, within the boundaries of a district, shall cause or permit to be initiated or maintained on one�s own property, or cause to be initiated or maintained on the property of another, any open burning of commercial waste, demolition material, domestic waste, industrial waste, land clearing debris or field burning without first securing permission from the fire chief of the district and complying with the direction of the fire chief. A deputy of a fire chief has the power to perform any act or duty of the fire chief under this section.

�� (2) The fire chief shall prescribe conditions upon which permission is granted and which are necessary to be observed in setting the fire and preventing it from spreading and endangering life or property or endangering the air resources of this state. The Environmental Quality Commission shall notify the State Fire Marshal of the type of and time for burning to be allowed on each day under schedules adopted pursuant to ORS 468A.570 and ORS 468A.595. The State Fire Marshal shall cause all fire chiefs and their deputies in the affected area to be notified of the type and time for burning to be allowed on each day with updating messages each day as required. A fire chief or deputy shall grant permission only in accordance with the schedule of the Environmental Quality Commission but may reduce hours to be allowed for burning if necessary to prevent danger to life or property from fire. The State Fire Marshal may refuse, revoke or postpone permission when necessary in the judgment of the State Fire Marshal to prevent danger to life or property from fire, notwithstanding any determination by the fire chief.

�� (3) Nothing in this section relieves a person starting a fire from responsibility for providing adequate protection to prevent injury or damage to the person or property of another. If such burning results in the escape of fire and injury or damage to the person or property of another, such escape and damage or injury constitutes prima facie evidence that the burning was not safe.

�� (4) Within a district, no person shall, during the fire season declared under ORS 477.508, operate any equipment in forest harvesting or agricultural operations powered by an internal combustion engine on or within one-eighth of one mile of forestland unless each piece of equipment is provided with a fire extinguisher of sufficient size and capacity and with such other tools and fire-fighting equipment as may be reasonably required by the fire chief of the district. The provisions of this subsection do not apply to machinery regulated by ORS chapter 477.

�� (5) No person shall dispose of any building or building wreckage within a district by fire without having first secured permission therefor from the fire chief. No person shall refuse to comply with any reasonable requirements of the fire chief as to the safeguarding of such fire from spreading.

�� (6) This section is not intended to limit the authority of a district to adopt a fire prevention code as provided in ORS 478.910 to 478.930 or to issue permits when the burning is done by mechanical burners fired by liquefied petroleum gas.

�� (7) The fire chief shall maintain records of all permits and the conditions thereof, if any, that are issued for field burning under this section and shall submit at such times, as the Environmental Quality Commission shall require such records or summaries thereof to the commission. The Environmental Quality Commission shall provide forms for the reports required under this subsection.

�� (8) Notwithstanding any other provision of this section:

�� (a) A permit is required for field burning authorized pursuant to ORS 468A.550 to 468A.620 and

ORS 479.280

479.280 and 479.295 in a form and manner as specified by rule by the State Fire Marshal. [1989 c.247 �4]

�� 479.260 Transfer of dwelling unit or lodging house without smoke alarm or smoke detector prohibited. (1) A person may not convey fee title to any real property that includes a dwelling unit or lodging house, or transfer possession of any dwelling unit or lodging house pursuant to a land sale contract, unless there is installed in the dwelling unit or lodging house a smoke detector or the required number of approved smoke alarms, installed in accordance with the state building code and rules of the State Fire Marshal adopted under ORS 479.295. The smoke alarms required by this subsection must meet the requirements of ORS 479.297.

�� (2)(a) A person may not convey ownership or transfer possession of any manufactured dwelling, as defined in ORS 446.003, unless there is installed in the manufactured dwelling the required number of approved smoke alarms or smoke detectors, installed in accordance with the state building code or with the federal manufactured dwelling construction and safety standards adopted under ORS

ORS 479.565

479.565, the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, may establish special alternative permit and inspection programs for any installations or equipment regulated under the state building code. The alternative programs may include, but need not be limited to:

�� (a) Programs for work, other than life-safety work, performed in commercial, manufacturing, industrial and institutional facilities; and

�� (b) Inspection programs for in-plant construction.

�� (2) Every municipality that administers and enforces a building program under ORS 455.148 or 455.150 shall administer and enforce within the municipality any special alternative permit and inspection program that the department makes applicable to that municipality.

�� (3) A municipality may apply to the department for approval of municipal application forms, procedures and criteria for plan review, permits and inspections and methodologies for determining fee amounts, for use by the municipality in carrying out an applicable special alternative permit and inspection program.

�� (4) If the department determines that an optional special alternative permit and inspection program affects only some of the jurisdictions that are subject to ORS 455.046, the requirements of ORS 455.046 are applicable only to standard permit and inspection programs and not to the optional program. [2003 c.368 �2; 2005 c.288 �1]

�� Note: 455.154 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.155 Statewide permit and inspection system for minor construction work. Notwithstanding ORS 447.076,

ORS 479.910

479.910, 480.630, 693.060, 693.103 or 693.111 must wear and visibly display an identification badge indicating the person�s current license status while performing work for which the license is required. The authority that licenses the person shall specify the size and content of the identification badge and may establish such other specifications as the authority deems appropriate.

�� (2) Subsection (1) of this section does not apply if wearing or displaying the identification badge may create a danger to the public health or to the safety of the person or the public.

�� (3) This section does not require the display of a contractor or business license. [2003 c.675 �62; 2005 c.758 �21]

�� Note: 455.415 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.

�� 455.417 Provision of electric service capacity for charging electric vehicles in newly constructed buildings; requirements; exemptions; rules. (1) As used in this section:

�� (a) �Electric vehicle charging station� means a device or facility for delivering electricity for motor vehicles that use electricity for propulsion.

�� (b) �Municipality� has the meaning given that term in ORS 455.010.

�� (c) �Provisions for electrical service capacity� means:

�� (A)(i) Building electrical service, sized for the anticipated load of electric vehicle charging stations, that has overcurrent devices necessary for electric vehicle charging stations or has adequate space to add the overcurrent devices;

�� (ii) Designated space within a building to add electrical service with capacity for electric vehicle charging stations; or

�� (iii) A designated location on building property, in or adjacent to a landscaped area, for installing remote service for electric vehicle charging stations; and

�� (B) A conduit system installed from building electrical service, or from the dedicated spaces or locations described in subparagraph (A) of this paragraph, to parking spaces that can support, at a minimum, electrical wiring for installation of level 2 electric vehicle charging stations and, if the conduit is for future installation of electric vehicle charging stations, that labels both ends of the conduit to mark the conduit as provided for future electric vehicle charging stations.

�� (d) �Townhouse� has the meaning given that term in ORS 197A.420.

�� (2) The Director of the Department of Consumer and Business Services shall adopt amendments to the state building code to require newly constructed buildings described in subsection (3)(a) of this section to include provisions for electrical service capacity for charging electric vehicles. The code must require that each building include, at a minimum, provisions for electrical service capacity at no less than 20 percent of the vehicle parking spaces in the garage or parking area for the building. Fractional numbers derived from a calculation of the vehicle parking spaces must be rounded up to the nearest whole number.

�� (3)(a) The director shall make code requirements under subsection (2) of this section applicable only to:

�� (A) Commercial buildings under private ownership;

�� (B) Multifamily residential buildings with five or more residential dwelling units; and

�� (C) Mixed-use buildings consisting of privately owned commercial space and five or more residential dwelling units.

�� (b) The director may not make code requirements under subsection (2) of this section applicable to townhouses.

�� (4) Notwithstanding ORS 455.040, a municipality may, by process concerning land use, require that each newly constructed building described in subsection (3)(a) of this section include provisions for electrical service capacity to accommodate more than 20 percent of vehicle parking spaces in the garage or parking area for the building. [2021 c.152 �1]

�� Note: 455.417 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.418 Integration of buildings with community microgrids; rules. (1) As used in this section:

�� (a) �Community microgrid� means a microgrid that is located within a geographical area that a local government designates as a microgrid zone under ORS 197.729.

�� (b) �Microgrid� means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that functions as a single controllable system, irrespective of whether the microgrid is operating independently of or in conjunction with an electric grid.

�� (2) The Department of Consumer and Business Services shall adopt rules to the state building code that support the integration of buildings with community microgrids. [2025 c.472 �5]

�� Note: 455.418 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.

�� 455.420 Individual electric meters required in multifamily residential buildings; exceptions; standards. (1) Each individual dwelling unit in a multifamily residential building constructed after October 4, 1977, shall have installed a separate, individual electrical meter for each such dwelling unit except where a building inspector certified under ORS 455.715 to 455.740 determines that pursuant to standards adopted by the Director of the Department of Consumer and Business Services the installation of a single, central electrical meter for all the dwelling units in such building would facilitate an overall reduction in electrical consumption by such units.

�� (2) For the purpose of carrying out the provisions of subsection (1) of this section, the director, based on recommendations of the Residential and Manufactured Structures Board, shall adopt by rule standards for determining whether the installation of a single electrical meter for all dwelling units in a multifamily residential building facilitates an overall reduction in electrical consumption by such units. [Formerly 456.763; 1993 c.744 �94; 2003 c.675 �27; 2009 c.567 �18]

�� 455.422 New construction; recycling containers. (1) Each multifamily residential dwelling with more than 10 individual residential units that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (2) Each commercial building and each industrial and institutional building that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (3) As used in this section, �commercial,� �recyclable material� and �solid waste� have the meanings given in ORS 459.005. [Formerly 215.620]

�� Note: 455.422 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.

�� 455.425 Low-income elderly housing multiservice rooms required; standards; exceptions. (1) Any low-income housing for the elderly on which construction begins after January 1, 1978, and which is financed in whole or in part by federal or state funds shall contain a multiservice room adequate in size to seat all of the tenants.

�� (2) The Director of the Department of Consumer and Business Services shall adopt rules, in accordance with the applicable provisions of ORS chapter 183, establishing standards and specifications for low-income elderly housing multiservice rooms required under subsection (1) of this section. In development of standards and specifications, the director may take into account any standards or specifications established pursuant to any federal program under which the construction of such housing is funded.

�� (3) No housing described in subsection (1) of this section that contains 20 or fewer units is required to provide a multiservice room. [Formerly 456.772; 1991 c.67 �127]

�� 455.427 Prohibition of certain refrigerants. The Department of Consumer and Business Services may not prohibit in the state building code the use of refrigerants listed as of January 1, 2022, under regulations adopted under 42 U.S.C. 7671k as safe alternatives to Class I and Class II substances if the safe alternatives are installed in accordance with applicable rules or regulations. [2021 c.165 �2]

�� Note: 455.427 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.

�� 455.430 Reciprocity for prefabricated structures. If the Director of the Department of Consumer and Business Services determines that the standards for prefabricated structures prescribed by statute, rule or regulation of another state are at least equal to the regulations prescribed under this chapter, and that such standards are actually enforced by such other state, the director may provide by regulation that prefabricated structures approved by such other state shall be deemed to have been approved by the director. [Formerly 456.880]

�� 455.433 Adoption of wildfire hazard mitigation code standards for new buildings; rules. (1) The Department of Consumer and Business Services shall adopt the wildfire hazard mitigation code standards of section R327 of the 2023 Oregon Residential Specialty Code.

�� (2) The department shall by rule create a process for municipalities to adopt the wildfire hazard mitigation code standards referenced in subsection (1) of this section. The process must include a requirement that a municipality notify the department when the municipality has adopted these standards.

�� (3) The wildfire hazard mitigation code standards referenced in subsection (1) of this section may only be applied to new construction of new buildings.

�� (4) The department may not require a local government to adopt code standards that are described in this section. [2025 c.590 �7]

�� Note: 455.433 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.

�� 455.440 When site soil analysis required; filing of report and notice; duty of transferor of property; effect of failure to comply. (1) If a city, county or government agency requires a site soil analysis and site recommendation report as a condition of approval for issuance of a building permit for a residence for human habitation, and the analysis and report identify the presence of highly expansive soils, then prior to issuance of the building permit the city, county or government agency shall:

�� (a) Include a copy of that report with the construction plans filed with the building permit issuing agency; and

�� (b) Record, in the County Clerk Lien Record in the county in which the property is located, a notice containing:

�� (A) The legal description of the property; and

�� (B) An informational notice in substantially the following form:

This property has been identified as having highly expansive soils. This condition may create special maintenance requirements. Before signing or accepting any instrument transferring title, persons acquiring title should check with the appropriate planning or building department.

�� (2) No action may be maintained against a city, county or government agency for failing to meet the requirements of subsections (1) and (2) of this section.

�� (3) If a report described in subsections (1) and (2) of this section identifies the presence of highly expansive soils, the first transferor shall supply to the first transferee written suggestions for care and maintenance of the residence to address problems associated with highly expansive soils.

�� (4) If the first transferor violates the provisions of subsection (3) of this section, the first transferee shall have a cause of action to recover damages of $750 from the first transferor. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1989 c.1026 ��1,2,3; 1995 c.618 �71]

�� Note: 455.440 and 455.445 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.445 Indoor air quality standards for public areas and office workplaces. (1) After considering the recommendations of the Indoor Air Pollution Task Force, and as expeditiously as possible, the Director of the Department of Consumer and Business Services shall adopt ventilation standards for public areas and office workplaces that are at least equivalent to the most recent, nationally recognized ventilation standards generally accepted and in use throughout the United States.

�� (2) The director shall adopt building codes and building product standards to protect the indoor air quality of private residences but only as necessary to address serious or unique indoor air quality problems in Oregon when federal statutes, regulations and national codes fail to address building product and building code related indoor air quality problems.

�� (3) As expeditiously as possible, the director shall consider for adoption the ventilation standards recommended by the Indoor Air Pollution Task Force. [1989 c.1070 �10]

�� Note: See note under 455.440.

�� 455.446 Tsunami inundation zone; rules. (1) The State Department of Geology and Mineral Industries shall establish the parameters of the area of expected tsunami inundation based on scientific evidence that may include geologic field data and tsunami modeling.

�� (2) The governing board of the State Department of Geology and Mineral Industries, by rule, shall determine the tsunami inundation zone based on the parameters established by the department. [1995 c.617 �2; 2005 c.22 �329; 2007 c.354 �31; 2019 c.502 �2]

�� Note: 455.446 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.447 Regulation of certain structures vulnerable to earthquakes and tsunamis; rules. (1) As used in this section, unless the context requires otherwise:

�� (a) �ASCE� means the American Society of Civil Engineers.

�� (b) �ASCE 7� means the ASCE Minimum Design Loads and Associated Criteria for Buildings and Other Structures that appear in the Oregon Structural Specialty Code.

�� (c) �Major structure� means a building over six stories in height with an aggregate floor area of 60,000 square feet or more, every building over 10 stories in height and parking structures as determined by Department of Consumer and Business Services rule.

�� (d) �Seismic hazard� means a geologic condition that is a potential danger to life and property that includes but is not limited to earthquake, landslide, liquefaction, tsunami inundation, fault displacement, and subsidence.

�� (2) The Department of Consumer and Business Services shall consult with the Seismic Safety Policy Advisory Commission and the State Department of Geology and Mineral Industries prior to adopting rules. Thereafter, the Department of Consumer and Business Services may adopt rules as set forth in ORS 183.325 to

ORS 527.676

527.676, 527.740, 527.750 and 527.755 for the purpose of an operation for the planting, growing, managing or harvesting of hardwood timber, including but not limited to hybrid cottonwood, if:

�� (a) The timber is grown on land that has been prepared by intensive cultivation methods and is cleared of competing vegetation for at least three years after planting;

�� (b) The timber is harvested on a rotation cycle of more than 12 years and less than 20 years after planting; and

�� (c) The timber is subject to intensive agricultural practices, including but not limited to fertilization, cultivation, irrigation, insect control and disease control. [1991 c.919 �3; 1993 c.657 �5; 1995 s.s. c.3 �39r; 1996 c.9 �20; 2008 c.11 �1]

�� 527.738 Riparian prescriptions; small forestland owner minimum option; rules. (1) As used in this section:

�� (a) �Common ownership� means direct ownership by one or more individuals or ownership by a corporation, partnership, association or other entity in which an individual owns a significant interest.

�� (b) �Small forestland owner minimum option� means any small forestland owner minimum option available for small forestland owners pursuant to rules adopted by the State Board of Forestry under ORS 527.711.

�� (2) The board may not establish riparian prescriptions that result in minimum riparian buffer widths or lengths that measure less than the minimum riparian buffer widths or lengths set forth in sections 5.3.1.3 and 5.3.1.4 of chapter 5 of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022.

�� (3)(a) An operator, timber owner or landowner may not follow a small forestland owner minimum option for an operation unless the department determines that, as of the date the department receives a notification related to the operation under ORS 527.670:

�� (A) The landowner of the forestland where the operation will occur owns or holds common ownership interest in less than 5,000 acres of forestland in this state;

�� (B) No more than an average yearly volume of two million board feet of merchantable forest products has been harvested from the landowner�s forestland in this state, when averaged over the three years prior to the date the department receives the notification; and

�� (C) The landowner has submitted an affirmation to the department that it does not expect to exceed an average yearly volume of two million board feet of merchantable forest products to be harvested from the landowner�s forestland in this state during the 10 years following the date the department receives the notification.

�� (b) Notwithstanding paragraph (a)(B) and (C) of this subsection, the department may allow a landowner to follow a small forestland owner minimum option if the landowner establishes to the department�s reasonable satisfaction that any exceedance of the harvest limits set forth in paragraph (a)(B) or (C) of this subsection was or will be necessary to raise funds to pay estate taxes or for a compelling and unexpected obligation.

�� (4) The department may require a landowner to submit, as part of the notification required under ORS 527.670, any additional information or statements necessary to determine whether a landowner meets the requirements of subsection (3) of this section.

�� (5) The board may adopt any rules necessary to implement this section. [2022 c.33 �16]

�� Note: 527.738 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).

�� Note: 527.738 and 527.739 were added to and made a part of 527.610 to 527.770 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 527.739 Application of restrictions related to small forestland owner minimum option; rules. In any tax year that a tax credit allowed for use of the standard practice in lieu of the small forestland owner minimum option is not available to small forestland owners, State Board of Forestry rules must provide that restrictions on using the small forestland owner minimum option related to the horizontal feet limitation applicable to fifth field watersheds are not in effect. [2022 c.33 �16a]

�� Note: 527.739 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).

�� Note: See second note under 527.738.

�� 527.740 Harvest type 3 limitations; exceptions. (1) No harvest type 3 unit within a single ownership shall exceed 120 acres in size, except as provided in ORS 527.750.

�� (2) No harvest type 3 unit shall be allowed within 300 feet of the perimeter of a prior harvest type 3 unit within a single ownership if the combined acreage of the harvest type 3 areas subject to regulation under the Oregon Forest Practices Act would exceed 120 acres in size, unless the prior harvest type 3 unit has been reforested as required by all applicable regulations and:

�� (a) At least the minimum tree stocking required by rule is established per acre; and either

�� (b) The resultant stand of trees has attained an average height of at least four feet; or

�� (c) At least 48 months have elapsed since the stand was created and it is �free to grow� as defined by the State Board of Forestry.

�� (3) Any acreage attributable to riparian areas or to resource sites listed in ORS 527.710 (3) that is located within a harvest unit shall not be counted in calculating the size of a harvest type 3 unit.

�� (4) The provisions of this section shall not apply when the land is being converted to managed conifers or managed hardwoods from brush or hardwood stands that contain less than 80 square feet of basal area per acre of trees 11 inches DBH or greater or when the harvest type 3 results from disasters such as fire, insect infestation, disease, windstorm or other occurrence that the State Forester determines was beyond the landowner�s control and has substantially impaired productivity or safety on the unit or jeopardizes nearby forestland. The prior approval of the State Forester shall be required for such conversion or harvest type 3 operations that exceed 120 acres in size.

�� (5) The provisions of this section do not apply to any operation where the operator demonstrates to the State Forester that:

�� (a) The trees are subject to a cutting right created by written contract prior to October 1, 1990, which provides that the trees must be paid for regardless of whether the trees are cut, or subject to a cutting right created by reservation in a deed prior to October 1, 1990; and

�� (b) If the provisions of this section were applied, the cutting right would expire before all the trees subject to the cutting right could reasonably be harvested. [1991 c.919 �4; 1995 s.s. c.3 �39b; 1996 c.9 �4]

�� 527.745 Reforestation of certain harvest types; adoption of standards; rules. (1) The State Board of Forestry shall adopt standards for the reforestation of harvest type 1 and harvest type 3. Unless the board makes the findings for alternate standards under subsection (2) of this section, the standards for the reforestation of harvest type 1 and harvest type 3 shall include the following:

�� (a) Reforestation, including site preparation, shall commence within 12 months after the completion of harvest and shall be completed by the end of the second planting season after the completion of harvest. By the end of the fifth growing season after planting or seeding, at least 200 healthy conifer or suitable hardwood seedlings or lesser number as permitted by the board by rule, shall be established per acre, well-distributed over the area, which are �free to grow� as defined by the board.

�� (b) Landowners may submit plans for alternate practices that do not conform to the standards established under paragraph (a) of this subsection or the alternate standards adopted under subsection (2) of this section, including but not limited to variances in the time in which reforestation is to be commenced or completed or plans to reforest sites by natural reforestation. Such alternate plans may be approved if the State Forester determines that the plan will achieve equivalent or better regeneration results for the particular conditions of the site, or the plan carries out an authorized research project conducted by a public agency or educational institution.

�� (2) The board, by rule, may establish alternate standards for the reforestation of harvest type 1 and harvest type 3, in lieu of the standards established in subsection (1) of this section, but in no case can the board require the establishment of more than 200 healthy conifer or suitable hardwood seedlings per acre. Such alternate standards may be adopted upon finding that the alternate standards will better assure the continuous growing and harvesting of forest tree species and the maintenance of forestland for such purposes, consistent with sound management of soil, air, water, fish and wildlife resources based on one or more of the following findings:

�� (a) Alternate standards are warranted based on scientific data concerning biologically effective regeneration;

�� (b) Different standards are warranted for particular geographic areas of the state due to variations in climate, elevation, geology or other physical factors; or

�� (c) Different standards are warranted for different tree species, including hardwoods, and for different growing site conditions.

�� (3) Pursuant to ORS 527.710, the board may adopt definitions, procedures and further regulations to implement the standards established under subsection (1) of this section, without making the findings required in subsection (2) of this section, if those procedures or regulations are consistent with the standards established in subsection (1) of this section.

�� (4) The board shall encourage planting of disease and insect resistant species in sites infested with root pathogens or where planting of susceptible species would significantly facilitate the spread of a disease or insect pest and there are immune or more tolerant commercial species available which are adapted to the site.

�� (5) Notwithstanding subsections (1), (2) and (3) of this section, in order to remove potential disincentives to the conversion of underproducing stands, as defined by the board, or the salvage of stands that have been severely damaged by wildfire, insects, disease or other factors beyond the landowner�s control, the State Forester may suspend the reforestation requirements for specific harvest type 1 or harvest type 3 units in order to take advantage of the Forest Resource Trust provisions, or other cost-share programs administered by the State Forester or where the State Forester is the primary technical adviser. Such suspension may occur only on an individual case basis, in writing, based on a determination by the State Forester that the cost of harvest preparation, harvest, severance and applicable income taxes, logging, site preparation, reforestation and any other measures necessary to establish a free to grow forest stand will likely exceed the gross revenues of the harvest. The board shall adopt rules implementing this subsection establishing the criteria for and duration of the suspension of the reforestation requirements.

�� (6) Notwithstanding subsections (1), (2) and (3) of this section, at the request of the Department of Transportation, the State Forester shall consult with the department concerning reforestation requirements for harvest type 1 and harvest type 3 in areas that are within or adjacent to a state highway right of way. The State Forester shall waive reforestation requirements in areas deemed to be unsuitable for reforestation by the department in order to maintain motorist safety and to protect highways, bridges and utility lines. [1991 c.919 �6; 1993 c.562 �1; 1995 s.s. c.3 �39c; 1996 c.9 �5; 2012 c.56 �5]

�� 527.750 Exceeding harvest type 3 size limitation; conditions; rules. (1) Notwithstanding the requirements of ORS 527.740, a harvest type 3 unit within a single ownership that exceeds 120 acres but does not exceed 240 acres may be approved by the State Forester if all the requirements of this section and any additional requirements established by the State Board of Forestry are met. Proposed harvest type 3 units that are within 300 feet of the perimeter of a prior harvest type 3 unit, and that would result in a total combined harvest type 3 area under a single ownership exceeding 120 acres but not exceeding 240 acres, may be approved by the State Forester if the additional requirements are met for the combined area. No harvest type 3 unit within a single ownership shall exceed 240 contiguous acres. No harvest type 3 unit shall be allowed within 300 feet of the perimeter of a prior harvest type 3 unit within a single ownership if the combined acreage of the areas subject to regulation under the Oregon Forest Practices Act would exceed 240 acres, unless:

�� (a) The prior harvest type 3 unit has been reforested by all applicable regulations;

�� (b) At least the minimum tree stocking required by rule is established per acre; and

�� (c)(A) The resultant stand of trees has attained an average height of at least four feet; or

�� (B) At least 48 months have elapsed since the stand was created and it is �free to grow� as defined by the board.

�� (2) The requirements of this section are in addition to all other requirements of the Oregon Forest Practices Act and the rules adopted thereunder. The requirements of this section shall be applied in lieu of such other requirements only to the extent the requirements of this section are more stringent. Nothing in this section shall apply to operations conducted under ORS 527.740 (4) or (5).

�� (3) The board shall require that a plan for an alternate practice be submitted prior to approval of a harvest type 3 operation under this section. The board may establish by rule any additional standards applying to operations under this section.

�� (4) The State Forester shall approve the harvest type 3 operation if the proposed operation would provide better overall results in meeting the requirements and objectives of the Oregon Forest Practices Act.

�� (5) The board shall specify by rule the information to be submitted for approval of harvest type 3 operations under this section, including evidence of past satisfactory compliance with the Oregon Forest Practices Act. [1991 c.919 �7; 1995 s.s. c.3 �39d; 1996 c.9 �6; 2003 c.740 �5; 2005 c.22 �378]

�� 527.755 Scenic highways; visually sensitive corridors; operations restricted; exemptions. (1) The following highways are hereby designated as scenic highways for purposes of the Oregon Forest Practices Act:

�� (a) Interstate Highways 5, 84, 205, 405; and

�� (b) State Highways 6, 7, 20, 18/22, 26, 27, 30, 31, 34, 35, 36, 38, 42, 58, 62, 66, 82, 97, 101, 126, 138, 140, 199, 230, 234 and 395.

�� (2) The purpose of designating scenic highways is to provide a limited mechanism that maintains roadside trees for the enjoyment of the motoring public while traveling through forestland, consistent with ORS 527.630, safety and other practical considerations.

�� (3) The State Board of Forestry, in consultation with the Department of Transportation, shall establish procedures and regulations as necessary to implement the requirements of subsections (4), (5) and (6) of this section, consistent with subsection (2) of this section, including provisions for alternate plans. Alternate plans that modify or waive the requirements of subsection (4), (5) or (6) of this section may be approved when, in the judgment of the State Forester, circumstances exist such as:

�� (a) Modification or waiver is necessary to maintain motorist safety, protect improvements such as dwellings and bridges, or protect forest health;

�� (b) Modification or waiver will provide additional scenic benefits to the motoring public, such as exposure of distant scenic vistas;

�� (c) Trees that are otherwise required to be retained will not be visible to motorists;

�� (d) The operation involves a change of land use that is inconsistent with maintaining a visually sensitive corridor; or

�� (e) The retention of timber in a visually sensitive corridor will result in severe economic hardship for the owner because all or nearly all of the owner�s property is within the visually sensitive corridor.

�� (4)(a) For harvest operations within a visually sensitive corridor, at least 50 healthy trees of at least 11 inches DBH, or that measure at least 40 square feet in basal area, shall be temporarily left on each acre.

�� (b) Overstory trees initially required to be left under paragraph (a) of this subsection may be removed when the reproduction understory reaches an average height of at least 10 feet and has at least the minimum number of stems per acre of free to grow seedlings or saplings required by the board for reforestation, by rule.

�� (c) Alternatively, when the adjacent stand, extending from 150 feet from the outermost edge of the roadway to 300 feet from the outermost edge of the roadway, has attained an average height of at least 10 feet and has at least the minimum number of stems per acre of free to grow seedlings or saplings required by the board for reforestation, by rule, or at least 40 square feet of basal area per acre, no trees are required to be left in the visually sensitive corridor, or trees initially required to be left under paragraph (a) of this subsection may be removed. When harvests within the visually sensitive corridor are carried out under this paragraph, the adjacent stand, extending from 150 feet from the outermost edge of the roadway to 300 feet from the outermost edge of the roadway, shall not be reduced below the minimum number of stems per acre of free to grow seedlings or saplings at least 10 feet tall required by the board for reforestation, by rule, or below 40 square feet of basal area per acre until the adjacent visually sensitive corridor has been reforested as required under subsection (6) of this section and the stand has attained an average height of at least 10 feet and has at least the minimum number of stems per acre.

�� (5) Harvest areas within a visually sensitive corridor shall be cleared of major harvest debris within 30 days of the completion of the harvest, or within 60 days of the cessation of active harvesting activity on the site, regardless of whether the harvest operation is complete.

�� (6) Notwithstanding the time limits established in ORS 527.745 (1)(a), when harvesting within a visually sensitive corridor results in a harvest type 1 or harvest type 3, reforestation shall be completed by the end of the first planting season after the completion of the harvest. All other provisions of ORS 527.745 shall also apply to harvest type 1 or harvest type 3 within visually sensitive corridors.

�� (7) Landowners and operators shall not be liable for injury or damage caused by trees left within the visually sensitive corridor for purposes of fulfilling the requirements of this section, when carried out in compliance with the provisions of the Oregon Forest Practices Act.

�� (8) The following are exempt from this section:

�� (a) Harvest on single ownerships less than five acres in size;

�� (b) Harvest within an urban growth boundary, as defined in ORS 197.015; and

�� (c) Harvest within zones designated for rural residential development pursuant to an exception adopted to the statewide land use planning goals under ORS 197.732. [1991 c.919 �17; 1993 c.306 �1; 1995 s.s. c.3 �39e; 1996 c.9 �7; 1997 c.249 �179; 2007 c.383 �1; 2023 c.13 �102]

�� 527.760 Reforestation exemptions for land use changes. (1) The State Board of Forestry shall review its rules governing changes in land use and adopt or amend rules as necessary to assure that only bona fide, established and continuously maintained changes from forest uses are provided an exemption from reforestation requirements. The board shall set specific time periods for the completion of land use conversions. Among other factors, the board shall condition exemptions from reforestation requirements upon:

�� (a) Demonstrating the intended change in land use is authorized under local land use and zoning ordinances, including obtaining and maintaining all necessary land use or construction permits and approvals for the intended change in land use;

�� (b) Demonstrating progress toward the change in land use within the time required for planting of trees, and substantial completion and continuous maintenance of the change in land use in a time certain;

�� (c) Allowing an exemption for only the smallest land area necessary to carry out the change in land use, and requiring that additional land area within the harvest unit remains subject to all applicable reforestation requirements; and

�� (d) Allowing an exemption only to the extent that the proposed land use is not compatible with the maintenance of forest cover.

�� (2) The board may require that, prior to commencing an operation where a change in land use is proposed, a bond, cash deposit, irrevocable letter of credit or other security be filed with the State Forester in an amount determined by the State Forester sufficient to cover the cost of site preparation and reforestation for the area subject to an exemption from reforestation due to a change in land use, and shall require that provisions be made for the administration and collection on such bond or security deposit in the event that the change in land use is not established or continuously maintained within a time certain.

�� (3) Nothing in this section is intended to exempt any change in land use from, nor affect the applicability and administration of, any planning, zoning or permitting requirements provided under state or local laws or regulations. [1991 c.919 �8]

�� 527.765 Best management practices to maintain water quality; rules. (1) The State Board of Forestry shall establish best management practices and other rules applying to forest practices as necessary to insure that to the maximum extent practicable nonpoint source discharges of pollutants resulting from forest operations on forestlands do not impair the achievement and maintenance of water quality standards established by the Environmental Quality Commission for the waters of the state. Such best management practices shall consist of forest practices rules adopted to prevent or reduce pollution of waters of the state. Factors to be considered by the board in establishing best management practices shall include, where applicable, but not be limited to:

�� (a) Beneficial uses of waters potentially impacted;

�� (b) The effects of past forest practices on beneficial uses of water;

�� (c) Appropriate practices employed by other forest managers;

�� (d) Technical, economic and institutional feasibility; and

�� (e) Natural variations in geomorphology and hydrology.

�� (2) The board shall consult with the Environmental Quality Commission in adoption and review of best management practices and other rules to address nonpoint source discharges of pollutants resulting from forest operations on forestlands.

�� (3)(a) Notwithstanding ORS 183.310 (8), upon written petition for rulemaking under ORS

ORS 571.991

571.991.

�� (2) The amount of revenue generated for nursery research pursuant to ORS 571.057 (3)(c) shall be used by the department only for the purposes set forth in subsection (3) of this section. With the advice of the State Nursery Research and Regulatory Committee, the director shall identify research needs of the Oregon nursery industry and shall obtain services of researchers for the purposes set forth in subsection (3) of this section.

�� (3) The amounts provided for in ORS 571.057 (3)(c) shall be used in carrying on experimental and research projects and investigations directed toward the prevention and elimination of plant diseases, insect pests and the development and improvement of cultural methods that are beneficial to the nursery industry. [1963 c.461 �25; 1971 c.756 �4; 1979 c.499 �5; 1985 c.659 �2; 1993 c.683 �7]

�� 571.240 [1963 c.461 �14; 1967 c.637 �12; repealed by 1971 c.756 �9]

�� 571.250 Interagency agreement to ensure compliance. The State Landscape Contractors Board and the State Department of Agriculture shall enter into an interagency agreement to address how the board and the department shall ensure that licensed landscape contracting businesses comply with the provisions of this chapter. [1999 c.535 �3; 2007 c.541 �8]

�� 571.252 Green communities nurseries. (1) As used in this section, �Oregon nursery� has the meaning given that term in ORS 197.469.

�� (2) The State Department of Agriculture shall certify an Oregon nursery as a green communities nursery if the nursery:

�� (a) Has practices in pest and disease management that satisfy standards established by the department;

�� (b) Materially demonstrates a history of compliance with the rules and other requirements of state and local agencies with oversight regarding workers� compensation, building codes and occupational safety and health over a period of seven years or the life of the nursery, whichever is shorter;

�� (c) Materially demonstrates a history of compliance with federal and state wage and hour laws over a period of seven years or the life of the nursery, whichever is shorter; and

�� (d) Grows and maintains noninvasive nursery stock for the purposes of partnering with communities or public bodies on green infrastructure projects.

�� (3) An Oregon nursery may apply for certification under this section in the form and manner prescribed by the department. [2023 c.442 �27]

�� Note: 571.252 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 571 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

INDUSTRIAL HEMP GROWERS, HANDLERS AND PROCESSORS

�� 571.260 Short title. ORS 571.260 to 571.348 shall be known and may be cited as the Oregon Hemp Act. [2018 c.116 �2; 2021 c.542 �19]

�� Note: 571.260 to 571.348 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 571 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 571.263 Oregon Hemp State Program; rules. The State Department of Agriculture shall administer an Oregon Hemp State Program for the production, processing and sale of hemp in this state. In carrying out the program, the department:

�� (1) Shall administer ORS 571.260 to 571.348.

�� (2)(a) Shall adopt rules to implement a state plan for the production of hemp in accordance with the Agriculture Improvement Act of 2018 (P.L. 115-334) and subsequent federal law. The rules adopted under this subsection must conform to, and not be more restrictive than, the rules related to hemp promulgated by the United States Department of Agriculture.

�� (b) In adopting rules under this subsection, the State Department of Agriculture shall include public input.

�� (c) The rules adopted under this subsection may include the adoption by reference of any federal laws, rules, regulations or guidelines, or standards, practices or requirements, related to the production of hemp.

�� (3) Shall adopt by rule any record keeping and reporting requirements necessary to administer the program.

�� (4) May purchase, possess, seize or dispose of industrial hemp products or commodities as the department deems necessary to enforce and ensure compliance with ORS 571.260 to

ORS 624.032

624.032; 2009 c.595 �1003; 2013 c.554 �8]

�� 624.050 [Amended by 1953 c.177 �8; 1957 c.672 �4; 1973 c.825 �5; 1981 c.650 �2; repealed by 1983 c.533 �5]

�� 624.051 Single toilet fixture allowed in small restaurant. The Oregon Health Authority shall allow restaurants with an occupancy capacity of no more than 15 persons, including employees and patrons, to have only one toilet fixture and adjacent lavatory on the premises. This single toilet fixture shall comply with all authority standards for construction, maintenance, cleanliness, accessibility and others, not in conflict with the state building code, that the authority might provide. [Formerly

ORS 634.316

634.316 as highly toxic or restricted-use pesticides or devices. [2015 c.833 �17]

�� 634.050 [Repealed by 1953 c.118 �2]

STATEWIDE REGULATION OF PESTICIDES

�� 634.055 Legislative findings. The Legislative Assembly hereby determines that the citizens of this state benefit from a system of safe, effective and scientifically sound pesticide regulation. The Legislative Assembly further finds that a uniform, statewide system of pesticide regulation that is consistent, coordinated and comports with both federal and state technical expertise is essential to the public health, safety and welfare and that local regulation of pesticides does not materially assist in achieving these benefits. [1996 c.10 �4 (enacted in lieu of 634.007)]

�� 634.057 State preemption of local pesticide regulation. No city, town, county or other political subdivision of this state shall adopt or enforce any ordinance, rule or regulation regarding pesticide sale or use, including but not limited to:

�� (1) Labeling;

�� (2) Registration;

�� (3) Notification of use;

�� (4) Advertising and marketing;

�� (5) Distribution;

�� (6) Applicator training and certification;

�� (7) Licensing;

�� (8) Transportation;

�� (9) Packaging;

�� (10) Storage;

�� (11) Disclosure of confidential information; or

�� (12) Product composition. [1996 c.10 �6 (enacted in lieu of 634.009)]

�� 634.060 Actions allowed by city, town, county or other political subdivision. Notwithstanding ORS 634.057, a city, town, county or other political subdivision of this state may adopt a policy regarding the use of pesticides on property owned by the city, town, county or other political subdivision adopting the policy. [1996 c.10 �8 (enacted in lieu of 634.011)]

�� 634.063 Exceptions to state preemption of pesticide regulation. Nothing in ORS 634.057 shall limit the authority of a city, town, county or other political subdivision of this state to adopt or enforce a local ordinance, rule or regulation strictly necessary to comply with:

�� (1) The Uniform Building Code published by the International Conference of Building Officials, as amended and adopted by the Director of the Department of Consumer and Business Services;

�� (2) A uniform fire code; or

�� (3) Any requirement of a state or federal statute or regulation pertaining to pesticides. [1996 c.10 �10 (enacted in lieu of 634.013)]

�� 634.065 Department consideration of concerns raised by city, town, county or political subdivision. In administering this chapter, the State Department of Agriculture shall consider any concern raised by a city, town, county or other political subdivision of the state regarding the regulation of pesticides. [1996 c.10 �12 (enacted in lieu of 634.015)]

LICENSING AND CERTIFICATION

�� 634.106 Applicability of ORS 634.112 to 634.126 and 634.146. ORS 634.112 to 634.126 and 634.146 shall not apply to:

�� (1) Manufacturers of materials engaged in research or experimental work on pesticides.

�� (2) Persons engaged in the business of a pesticide operator or applicator only in the application of any pollenicide.

�� (3) Persons licensed as veterinarians under ORS chapter 686 who are engaged in the practice of veterinary medicine within the scope of their veterinary medicine practice and employees of licensed veterinarians when acting within the scope of their employment.

�� (4) A farmer or forestland owner applying pesticides, other than restricted-use pesticides, by use of equipment of the farmer or forestland owner for others on an occasional basis not amounting to a principal or regular occupation, if the farmer does not publicly hold out as a pesticide applicator and if the pesticides that are applied are furnished by the owner of the land on which such pesticides are applied.

�� (5) Persons who do not advertise or publicly hold themselves out as being in the business of applying pesticides but whose main or principal work or business is the maintenance of small or home lawns, shrubs or gardens.

�� (6) Persons who do not advertise or publicly hold themselves out as being in the business of applying pesticides and whose principal activity or business as related to pesticides is selling pesticides or selling or leasing equipment.

�� (7) Railroads, to the extent that the application of pesticides is by their regular employees, on land or property under their ownership, supervision, control or jurisdiction, except that if power-operated spray equipment is used for applying volatile herbicides, the application shall be under the direct supervision of a licensed public applicator. [1973 c.341 �22; 1995 c.360 �1; 2001 c.307 �1]

�� 634.110 [Repealed by 1953 c.117 �2]

�� 634.112 Renewal of licenses or certificates; delinquency. (1) Except as provided in ORS

ORS 658.075

658.075 and may be transferred and assigned as other claims for damages. The amount of damages claimed by the plaintiff determines the jurisdiction of the court in which action is to be brought. [1953 c.694 �24; 1961 c.380 �25; 1997 c.55 �15]

�� 658.250 Employment listing service; rules. (1) As used in this section, �employment listing service� means a business operated by a person that:

�� (a) Provides lists of specified positions of employment available with an employer other than the employment listing service or that holds itself out to individuals as able to provide information about specific positions of employment with an employer other than the employment listing service;

�� (b) Charges an individual a fee for its services; and

�� (c) Does not arrange or set up interviews between an individual and a prospective employer or otherwise intercede between an individual and a prospective employer but may offer limited counseling and employment-related services to an individual that includes, but is not limited to, personal grooming and appearance and interview preparation.

�� (2) A person who operates an employment listing service in this state shall provide to an individual a copy of:

�� (a) The fee schedule that the employment listing service charges an individual for its services;

�� (b) All contracts entered into between the employment listing service and the individual; and

�� (c) Any changes in the fees that the employment listing service charges an individual who uses its services.

�� (3) The Commissioner of the Bureau of Labor and Industries shall adopt rules relating to:

�� (a) The terms of contracts that an employment listing service requires an individual who uses its services to sign;

�� (b) Fees charged by an employment listing service for its services; and

�� (c) The methods that an employment listing service uses to confirm and keep current the lists of specified positions of employment available with an employer that the employment listing service provides to individuals.

�� (4) In addition to the penalties provided under ORS 658.115 and 658.991, an employment listing service shall forfeit any fees received as a result of a violation of any provision of subsection (2) of this section. [2003 c.406 �2]

�� Note: 658.250 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 658 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

LABOR CONTRACTORS

�� 658.405 Definitions for ORS 658.405 to 658.511. As used in ORS 658.405 to 658.511 and 658.991 (2) and (3), unless the context requires otherwise:

�� (1) �Agricultural association� means a nonprofit or cooperative association of farmers, growers or ranchers that is incorporated under applicable state law and that acts as a farm labor contractor solely on behalf of members of the association.

�� (2)(a) �Construction labor contractor� includes any person that:

�� (A) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another in construction;

�� (B) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers on behalf of an employer engaged in construction; or

�� (C) Enters into a subcontract with another for any of the activities described in subparagraph (A) or (B) of this paragraph.

�� (b) �Construction labor contractor� does not include:

�� (A) A person that has a construction contract with an owner of real property where the construction work is performed;

�� (B) A person that has obtained building permits to perform construction work;

�� (C) A person that supplies building materials or machinery, other than manual tools or hand-operated power tools, for a construction project;

�� (D) An owner of real property engaged in the solicitation or recruitment of persons to perform construction work on the owner�s property;

�� (E) The Employment Department;

�� (F) A crew leader;

�� (G) Individuals who perform labor pursuant to an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals;

�� (H) An educational institution that is recognized as such by the Department of Education;

�� (I) A labor union;

�� (J) A local joint apprenticeship committee formed under ORS 660.135; or

�� (K) A staffing agency whose primary purpose is to provide workers to the client employers of the agency under the terms of a client agreement, if the agency provides workers� compensation coverage for all employees as required by ORS chapter 656 and pays employment and income taxes in accordance with applicable law.

�� (3) �Crew leader� means the member of a group of workers who acts as spokesman for the group, travels with the group from another state into Oregon and performs the same work along with other group members. A crew leader may transport workers from their local place of residence to their place of employment so long as the crew leader does not perform this service for a profit.

�� (4)(a) �Farm labor contractor� includes any person that:

�� (A) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another person to work in forestation or reforestation of lands, including but not limited to the planting, transplanting, tubing, precommercial thinning and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities;

�� (B) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another person in the production or harvesting of farm products;

�� (C) Recruits, solicits, supplies or employs workers to gather evergreen boughs, yew bark, bear grass, salal or ferns from public lands for sale or market prior to processing or manufacture;

�� (D) Recruits, solicits, supplies or employs workers on behalf of an employer engaged in these activities;

�� (E) In connection with the recruitment or employment of workers to work in these activities, furnishes board or lodging for such workers;

�� (F) Bids or submits prices on contract offers for those activities; or

�� (G) Enters into a subcontract with another for any of those activities.

�� (b) �Farm labor contractor� does not include:

�� (A) Farmers, including owners or lessees of land intended to be used for the production of timber, their permanent employees, advertising media, platoon leaders or individuals engaged in the solicitation or recruitment of persons for dayhaul work in connection with the growing, production or harvesting of farm products;

�� (B) The Employment Department;

�� (C) A crew leader;

�� (D) An individual who performs work, other than recruiting, supplying, soliciting or employing workers to perform labor for another, alone or only with the assistance of the individual�s spouse, son, daughter, brother, sister, mother or father;

�� (E) Individuals who perform labor pursuant to an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals;

�� (F) An educational institution that is recognized as such by the Department of Education;

�� (G) A farmer who operates a farmworker camp, regulated under ORS 658.750, who recruits, supplies, solicits or employs workers only for the farmer�s own operations, and has farmworkers living in the camp who are employed by another on no more than an incidental basis, and the farmer receives no remuneration by virtue of such incidental employment; or

�� (H) A labor union.

�� (5) �Labor contractor� means a construction labor contractor, a farm labor contractor or a property services contractor.

�� (6)(a) �Property services contractor� includes any person that:

�� (A) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another person to provide services that include janitorial services;

�� (B) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers on behalf of an employer to provide services that include janitorial services; or

�� (C) Enters into a subcontract with another for any of the activities described in subparagraph (A) or (B) of this paragraph.

�� (b) �Property services contractor� does not include:

�� (A) The Employment Department;

�� (B) Employees of a property services contractor who is licensed under ORS 658.405 to 658.511;

�� (C) Individuals who perform labor pursuant to an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals;

�� (D) An educational institution that is recognized as such by the Department of Education; or

�� (E) A labor union. [1959 c.395 �1; 1961 c.390 �1; 1975 c.502 �1; 1981 c.606 �1; 1983 c.654 �3; 1985 c.314 �1; 1987 c.158 �128; 1991 c.848 �1; 1995 c.73 �1; 1999 c.628 �1; 2013 c.584 �1; 2017 c.676 �1; 2018 c.8 �1]

�� 658.407 Administration and enforcement of ORS 658.405 to 658.511; rules. The Commissioner of the Bureau of Labor and Industries shall administer and enforce ORS 658.405 to 658.511, and in so doing shall:

�� (1) Investigate and attempt to adjust equitably controversies between labor contractors and their workers with respect to claims arising under ORS 658.415 (3) or 658.419.

�� (2) Take appropriate action to establish the liability or lack thereof of the labor contractor for wages of the employees of the labor contractor and if appropriate proof exists of liability for wages the commissioner shall pay the same or such part thereof as the commissioner has funds on deposit or cause the surety company to forthwith pay the entire liability or such part thereof as the sums due under the bond will permit.

�� (3) Adopt appropriate rules to administer ORS 658.405 to 658.511. [1971 c.479 �2; 1973 c.401 �1; 1975 c.502 �2; 1989 c.164 �10; 1991 c.331 �99; 1995 c.73 �6; 1999 c.628 �7; 2013 c.584 �3]

�� 658.410 Labor contractor license requirement; issuance; rules. (1) Except as provided by ORS

ORS 660.010

660.010.

�� (b) �Apprenticeship training program� means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010, operates, including the local joint committee�s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.

�� (c) �Community solar project� has the meaning given that term in ORS 757.386.

�� (d) �Construction� includes on-site and off-site construction and fabrication and covers 30 days after project completion.

�� (e) �Covered project� means:

�� (A) Except as provided in subparagraph (B) of this paragraph, a renewable energy generation, sequestration or storage facility with a capacity rating of 10 megawatts or greater.

�� (B) A community solar project with a capacity rating above three megawatts.

�� (f) �Minority individual� and �woman� have the meanings given those terms in ORS 200.005.

�� (g) �Repower� means replacement of enough of the original generation equipment or components to make an original energy generation facility equivalent to a new facility, such that at least 80 percent of the fair market value of the facility derives from new generation equipment or components installed as part of the replacement project.

�� (h) �Veteran� has the meaning given that term in ORS 408.225.

�� (2) A person who constructs or repowers a covered project sited in this state shall, within 30 days from the date the construction begins, provide a signed attestation or declaration stating to the best of their knowledge and belief, subject to penalty of perjury as described in ORS 162.065, that during all periods of construction all contractors and subcontractors working on the construction or repowering project will:

�� (a)(A)(i) Except as provided in sub-subparagraph (ii) of this subparagraph, participate in an apprenticeship program registered with the State Apprenticeship and Training Council and with graduation rates equal to or higher than the national average for each respective trade in a manner consistent with the respective apprenticeship training programs, such that 15 percent of the total work hours on a given covered project is performed by apprentices in apprenticeable occupations; or

�� (ii) If less than 15 percent of total work hours on a given covered project is performed by apprentices in apprenticeable occupations, demonstrate good faith with meeting the requirement described in sub-subparagraph (i) of this subparagraph by providing documented and verifiable information including:

�� (I) Internet addresses of employment advertisements or job announcements;

�� (II) Dates, times, Internet addresses and attendance lists of a prejob conference with apprenticeship, preapprenticeship and workforce providers in construction;

�� (III) Contacts requesting apprentices with an apprenticeship program approved by the Bureau of Labor and Industries including the date, time, telephone contact, electronic mail contact and whether a response was provided within 48 hours of the request;

�� (IV) Contacts requesting apprentices from a union hall including the date, time, telephone contact, electronic mail contact and whether a response was provided within 48 hours of the request; and

�� (V) Documentation of job offers and number of job offers made to apprentices;

�� (B) Establish and execute a plan for outreach, recruitment and retention of women, minority individuals, veterans and people with disabilities to perform work under the contract, with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups;

�� (C) Have policies in place that are designed to limit or prevent workplace harassment and discrimination and that promote workplace diversity, equity and inclusion for communities who have been underrepresented in the clean energy sector, including women, veterans and Black, Indigenous and People of Color;

�� (D) Maintain a license and good standing to perform the work and remain eligible to receive a contract or subcontract for public works under ORS 279C.860;

�� (E) Materially demonstrate a history of material compliance in the previous seven years, or provide available history for new businesses, with the rules and other requirements of state agencies with oversight regarding workers� compensation, building codes and occupational safety and health;

�� (F) Materially demonstrate a history of compliance, in the previous seven years, or provide available history for new businesses, with federal and state wage and hour laws; and

�� (G) Provide quarterly reporting and recordkeeping to the project owner or electric utility and respond to records requests and verification; and

�� (b) If the covered project has a capacity rating of 10 megawatts or greater:

�� (A) Pay no less than the prevailing wage rate for an hour�s work in the same trade or occupation in the locality where the labor is performed. Prevailing wage rate includes the calculation of wages and fringe benefits per trade and locality and will be treated as standards defined in ORS 279C.800 to 279C.870.

�� (B) Offer health care and retirement benefits to the employees performing the labor on the project.

�� (C) Provide quarterly reporting and recordkeeping to the project owner or electric utility and respond to records requests and verification.

�� (3) The person shall provide the attestation or declaration and any good faith effort documentation described in subsection (2) of this section to the State Department of Energy within 30 days from the date construction begins and shall notify the purchaser of the project or of the energy from the project of this provision or of the provision of a project labor agreement under subsection (4) of this section, the notice of which shall identify the signatories to the agreement. In addition to the requirements described in subsection (2) of this section, the attestation or declaration must include the following information:

�� (a) The megawatt capacity and physical footprint in acres of the project;

�� (b) The geographic location of the project;

�� (c) The estimated workforce requirements of the project;

�� (d) A collated list of good faith effort documentation; and

�� (e) A description of any policies in place for ensuring the person meets the requirements in this section.

�� (4)(a) In lieu of providing an attestation or declaration described in subsection (2) of this section, the person may provide a copy of a project labor agreement, if a project labor agreement is used on the covered project and shall be exempted from the requirements described in subsection (2) of this section.

�� (b) As used in this subsection, �project labor agreement� means a prehire collective bargaining agreement as described in 29 U.S.C. 158(f) that establishes the terms and conditions of employment for a specific construction project or contract.

�� (c) A project labor agreement may include additional provisions that:

�� (A) Prohibit discrimination based on race, national origin, religion, gender, sexual orientation, political affiliation or membership in a labor organization in hiring and dispatching workers for the project.

�� (B) Permit qualified contractors and subcontractors to bid for and be awarded work on the project without regard to whether they are otherwise parties to a collective bargaining agreement.

�� (C) Permit and promote qualified business enterprises owned by women, minorities, veterans and disadvantaged individuals without regard to whether the individuals are otherwise parties to a collective bargaining agreement.

�� (D) Guarantee against work stoppages, strikes, lockouts and similar disruptions of the project.

�� (5)(a) The department shall retain an attestation or declaration filed with the department in a manner consistent with the department�s record retention policies.

�� (b) Notwithstanding any provisions of ORS 192.345 or 192.355, an attestation or declaration provided to the department pursuant to this subsection is subject to public records disclosure and the department shall provide a copy of the attestation or declaration upon request.

�� (c) An attestation or declaration filed under this section is for reporting purposes only and the department may not use an attestation or declaration to investigate, regulate or enforce matters addressed in the attestation or declaration.

�� (6)(a) Nothing in this section:

�� (A) Applies to a contract or subcontract with a tribal government, agent or instrumentality of an Oregon Indian tribe for a covered project located in whole or in part on the tribe�s reservation or on land held in trust by the United States for the benefit of the tribe, unless the tribal government elects to adopt the standards in this section for the contract or subcontract; or

�� (B) Affects the wage rates overseen by a tribal government, agent or instrumentality of an Oregon Indian tribe.

�� (b) As used in this subsection, �Oregon Indian tribe� and �tribal government� have the meanings given those terms in ORS 294.805.

�� (7) Nothing in this section:

�� (a) Prohibits the inclusion of labor standards in addition to those required by subsection (2) of this section in contracts that are subject to this section; or

�� (b) Prohibits a person from using a project labor agreement to meet the minimum requirements of subsection (2) of this section. [2021 c.508 �26; 2022 c.51 �1]

�� Note: 757.306 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 757.308 Requirements related to request for proposals that may result in procurement of covered project. (1) A request for proposals submitted by an electric company, as defined in ORS

ORS 671.525

671.525 for which the applicant qualifies.

�� (2)(a) If an applicant for licensing under this section qualifies to be classified as a nonexempt independent contractor, the applicant shall provide the employer identification number of the applicant and evidence satisfactory to the board that the applicant provides workers� compensation insurance coverage for all employees of the landscape contracting business.

�� (b) If an applicant for licensing under this section qualifies to be classified as an exempt independent contractor and is the client of a professional employer organization or has contracted with a temporary service provider to supply workers to the landscape contracting business, the applicant shall provide evidence satisfactory to the board that the applicant has verified the maintenance of workers� compensation insurance coverage for the professional employer organization or temporary service provider.

�� (c) As used in this subsection, �professional employer organization� and �temporary service provider� have the meanings given those terms in ORS 656.849.

�� (3) At the time of application for a license, for renewal of a license in active status or for return of a license to active status, the applicant shall provide evidence satisfactory to the board that the public liability, personal injury and property damage insurance required by this section and any workers� compensation required of the applicant under ORS 671.527 or 671.562 is in effect. During a license period, the licensee shall provide, to the extent required by the board, satisfactory evidence of continued public liability, personal injury and property damage insurance coverage and, if required under ORS 671.562, workers� compensation insurance coverage.

�� 671.568 Inactive status for landscape contracting business license. (1) If a licensed landscape contracting business is not operating as a landscape contracting business, the State Landscape Contractors Board may, upon request, place the license of the landscape contracting business in inactive status.

�� (2) A landscape contracting business in inactive status remains subject to board jurisdiction and is required to comply with the requirements for a landscape contracting business other than the security requirement under ORS 671.690 and the insurance requirements under ORS 671.565.

�� (3) A landscape contracting business that is in inactive status may not:

�� (a) Perform work as a landscape contracting business;

�� (b) Offer or provide for the performance of landscaping work as a landscape contracting business; or

�� (c) Obtain a building permit for work involving landscaping work by the landscape contracting business.

�� (4) A landscape contracting business license may not be placed or maintained in inactive status more than once during a licensing period. [2005 c.609 �2; 2007 c.541 �18]

�� 671.570 Qualifications for landscape construction professional license; fee; rules. (1) Each person applying for a landscape construction professional license must:

�� (a) Pay a nonrefundable application fee.

�� (b) Pay an examination fee.

�� (c) Pay to the State Landscape Contractors Board the landscape construction professional license fee required by ORS 671.650.

�� (d) Pass an examination, which the board shall offer at least once each six months, to determine the fitness of the applicant for licensing and within 10 years before the day the application for a license is made:

�� (A) Have at least 24 months of employment with a landscape contracting business; or

�� (B) Have at least 12 months of employment with a landscape contracting business and one full year of training in an area related to landscaping at an accredited school or college.

�� (e) Be employed by, or own, a landscape contracting business if performing landscaping work.

�� (2) Notwithstanding subsection (1) of this section, the board may adopt rules allowing a person who does not meet the education and experience requirements in subsection (1)(d) of this section to substitute other education and experience that demonstrate the fitness of the person for licensing as a landscape construction professional.

�� (3) Notwithstanding ORS 192.173, upon request of the applicant, the board shall make an examination that the board offers under subsection (1)(d) of this section available in a format in which instructions and questions stated in the English language are immediately followed by a Spanish language translation of those instructions and questions. [1971 c.764 �7; 1973 c.832 �29; 1975 c.757 �5; 1979 c.840 �4; 1983 c.452 �6; 1985 c.565 �92; 1987 c.414 �45a; 1997 c.327 �1; 2001 c.409 �5; 2007 c.111 �4; 2007 c.399 �6; 2007 c.541 �19b; 2015 c.652 �4; 2015 c.672 �9]

�� 671.571 Probationary license. (1) Notwithstanding ORS 671.570, the State Landscape Contractors Board may issue a probationary landscape construction professional license to a person who does not meet the training and experience qualifications set forth in ORS

ORS 671.997

671.997�� Civil penalties for violations of ORS 671.510 to 671.760

ARCHITECTS

�� 671.010 Definitions. As used in ORS 671.010 to 671.220:

�� (1) �Architect� means a registered architect or a foreign architect.

�� (2) �Architectural firm� means a business entity that, for compensation, provides the services of an architect or engages in the practice of architecture.

�� (3) �Building� means a structure that has the purpose of supporting or sheltering any use or occupancy.

�� (4) �Business entity� means a partnership, limited partnership, corporation, professional corporation, limited liability company, business trust, joint venture or other form of business organization the constituent parts of which share a common economic interest.

�� (5) �Construction phase services� means services an architect provides for the purpose of determining that construction work on a building is proceeding generally in accordance with requirements set forth in a technical submission.

�� (6) �Foreign architect� means a person that has a valid license or registration from a jurisdiction other than this state that authorizes the person to engage in the practice of architecture within the jurisdiction that issued the license or registration.

�� (7) �Foreign architectural firm� means a business entity that has a valid license or registration from a jurisdiction other than this state that authorizes the business entity to engage in the practice of architecture within the jurisdiction that issued the license or registration.

�� (8) �Practice of architecture� means engaging in the art and science of designing, in whole or in part, buildings and the space within and appurtenant to buildings and providing related services that include, but are not limited to, planning, developing design concepts, preparing technical submissions and other documents that define a building�s form and function, coordinating construction work and the work of other consultants and providing construction phase services.

�� (9) �Registered architect� means an individual who has a valid certificate of registration issued by the State Board of Architect Examiners under ORS 671.010 to 671.220 that authorizes the individual to engage in the practice of architecture within this state.

�� (10) �Registered architectural firm� means a business entity that has a valid certificate of registration issued by the State Board of Architect Examiners under ORS 671.010 to 671.220 that authorizes the business entity to engage in the practice of architecture within this state.

�� (11) �Responsible control� means a degree of control over an operation that is consistent with the scope of a registered architect�s professional knowledge and the application of a registered architect�s professional standard of care.

�� (12) �State building code� has the meaning given that term in ORS 455.010.

�� (13) �Technical submission� means a plan, design, drawing, blueprint or other document that an architect prepares in connection with the practice of architecture and submits to a regulatory authority to comply with the state building code, a municipal building code or related rules, ordinances, resolutions or other regulatory requirements. [Amended by 1957 c.408 �1; 1961 c.585 �1; 1977 c.803 �1; 2003 c.763 �1; 2013 c.196 �1; 2023 c.70 �1]

�� 671.020 Prohibition on engaging in practice of architecture or use of title without valid certificate of registration; exceptions; stamp as indication of responsible control; rules. (1) Except as provided in subsection (2) of this section, an individual or business entity that does not have a valid certificate of registration from the State Board of Architect Examiners may not:

�� (a) Engage in the practice of architecture within this state;

�� (b) Assume or use a title, form of address or other designation within this state that indicates or reasonably could be understood to indicate that the individual is an architect or that the individual or business entity engages in the practice of architecture; or

�� (c) State, declare, represent or otherwise purport in any title, sign, card, device, advertisement or other indication of the individual�s or the business entity�s business or occupation that the individual is an architect or that the individual or business entity engages in the practice of architecture within this state.

�� (2) An individual who does not have the certificate of registration under subsection (1) of this section may engage in the practice of architecture within this state and use a designation that indicates that the individual is an architect or engages in the practice of architecture if the individual:

�� (a) Is a foreign architect;

�� (b) Has a written agreement of affiliation with a registered architect or registered architectural firm under which the registered architect or registered architectural firm has responsible control over all aspects of the architectural services the individual provides; and

�� (c) Uses the designation �foreign architect, in consultation with� followed by the name of a registered architect and the registered architect�s registered architectural firm, if any, on all technical submissions, advertisements or other communications that purport to identify the foreign architect�s profession, occupation or business within this state.

�� (3) Upon receiving a certificate of registration from the board, a registered architect shall obtain a stamp that conforms with a design that the board specifies by rule. The stamp, when accompanied by the registered architect�s signature on any technical submission, constitutes the registered architect�s attestation that the registered architect has responsible control over the content of the technical submission. The registered architect is responsible for controlling the custody and use of the stamp.

�� (4) A registered architect may engage in the practice of architecture only under the registered architect�s own name, as that name appears on the certificate of registration, except that the registered architect may practice under the name or assumed business name of a registered architectural firm, as provided in ORS 671.041. [Amended by 1955 c.407 �1; 1957 c.408 �2; 1961 c.585 �4; 1971 c.587 �1; 1977 c.803 �2; 1979 c.354 �1; 2003 c.763 �2; 2013 c.196 �2; 2023 c.70 �2]

�� 671.025 Certain technical submissions to carry stamp; identification; retention of documentation. (1) Any person applying for a license or permit required under the laws of this state or under the ordinances of any jurisdiction in this state within which the person proposes to erect, construct, enlarge, alter, repair, move, improve, remove or convert a building shall submit an original or reproduction of the technical submissions for the work proposed. The technical submissions must:

�� (a) Bear the stamp and signature of a registered architect if the services of a registered architect are required under ORS 671.010 to 671.220; and

�� (b) Be sufficiently clear to indicate the nature and extent of the work proposed and that the work proposed conforms with the requirements of ORS 671.010 to

ORS 672.007

672.007, may not be maintained by any person against an engineer for structural engineering services rendered by the engineer under the provisions of this section.

�� (3) An action for damages arising out of the provision of building code inspections, plan reviews or post-disaster building evaluations may not be maintained by any person against a certified inspector or certified building evaluator if the inspector or building evaluator is providing building code inspections, plan reviews or post-disaster building evaluations under the provisions of this section and the inspector or building evaluator is operating within the scope of the certification.

�� (4) The immunity provided by this section applies only to services that meet all of the following requirements:

�� (a) The services are rendered without compensation.

�� (b) The services are rendered within 60 days after the Governor declares a state of emergency under the provisions of ORS 401.165.

�� (c) The services are rendered to assist in relief efforts arising out of the emergency giving rise to the declaration of emergency.

�� (5) This section does not affect the liability of any architect, engineer, inspector or building evaluator for gross negligence or intentional torts.

�� (6) The immunity provided by this section applies only to:

�� (a) Inspectors certified under ORS 455.715 to 455.740;

�� (b) Building evaluators certified for post-disaster building evaluation by the Department of Consumer and Business Services;

�� (c) Architects who are registered under ORS 671.010 to 671.220;

�� (d) Engineers who are registered under ORS 672.002 to 672.325; and

�� (e) Architects and engineers who are licensed or registered under the laws of another state. [1995 c.616 �1; 2009 c.259 �19; 2013 c.196 �15]

�� 30.790 [1963 c.524 ��1,2; repealed by 1971 c.780 �7]

�� 30.792 Liability of health care provider or health clinic for volunteer services to charitable organization. (1) As used in this section:

�� (a)(A) �Charitable organization� means a charitable organization, as defined in ORS 128.620, that:

�� (i) Spends at least 65 percent of its revenues on charitable programs; and

�� (ii) Has a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization.

�� (B) �Charitable organization� does not include hospitals, intermediate care facilities or long term care facilities, as those terms are defined in ORS 442.015.

�� (b) �Health care provider� means an individual licensed in this state as a practitioner of one or more healing arts as described in ORS 31.740.

�� (c) �Health clinic� means a public health clinic or a health clinic operated by a charitable organization that provides primarily primary physical health, dental or mental health services to low-income patients without charge or using a sliding fee scale based on the income of the patient.

�� (2) Except as provided in subsection (3) of this section, a person may not maintain an action for damages against:

�� (a) A health care provider who voluntarily provides assistance, services or advice through a charitable organization if:

�� (A) The assistance, services or advice that caused the damages are within the scope of the license of the health care provider; and

�� (B) The health care provider was acting within the course and scope of the provider�s volunteer duties when the damages occurred; or

�� (b) A health clinic for the assistance, services or advice provided by a health care provider described in paragraph (a) of this subsection.

�� (3) The immunity provided in this section does not apply to:

�� (a) Any person who receives compensation other than reimbursement for expenses incurred by the person providing the assistance, services or advice described in subsection (2) of this section.

�� (b) A person operating a motor vehicle, vessel, aircraft or other vehicle for which the person or owner of the vehicle, vessel, aircraft or other vehicle is required to possess an operator�s license or to maintain insurance.

�� (c) The liability of any person for damages resulting from the person�s gross negligence or from the person�s reckless, wanton or intentional misconduct.

�� (d) Any activity for which a person is otherwise strictly liable without regard to fault. [1995 c.616 �2; 2005 c.362 �2; 2012 c.41 �1]

�� 30.794 Liability of physician or hospital arising out of care provided by direct entry midwife. (1) As used in this section:

�� (a) �Direct entry midwife� means a person practicing direct entry midwifery as defined in ORS

ORS 672.080

672.080); repealed by 1971 c.751 �39]

�� 672.083 [1959 c.336 �6; repealed by 1971 c.751 �39]

�� 672.085 [1959 c.336 �7; repealed by 1971 c.751 �39]

�� 672.087 [1959 c.336 �8; repealed by 1971 c.751 �39]

(Registration; Certificates)

�� 672.090 Issuance of certificates by board; examinations. (1) The State Board of Examiners for Engineering and Land Surveying shall issue certificates of registration as provided by ORS 672.002 to 672.325. All certificates shall be signed by the president and the administrator of the board and issued under the seal of the board. The board shall prescribe and furnish forms for applications for examinations and for certificates and permits.

�� (2) If the board administers an examination described in ORS 672.002 to 672.325, the board shall hold the examination at least yearly at times and places determined by the board. The board shall determine the scope of the examinations and the methods of procedure. Examinations for registration may be written or computer-based. [Amended by 1971 c.751 �26(2), (3); 1975 c.429 �9; 1981 c.143 �5; 1991 c.221 �1; 1997 c.210 �6; 2013 c.86 �3; 2015 c.576 �11]

�� 672.092 [1995 c.68 �6; renumbered 672.102 in 2005]

�� 672.094 [1995 c.68 �10; renumbered 672.115 in 2005]

�� 672.095 [1971 c.751 �11; 1981 c.143 �6; 2009 c.259 �7; repealed by 2015 c.576 �16]

�� 672.097 [1995 c.68 �3; renumbered 672.105 in 2005]

�� 672.098 Minimum qualifications for registration as professional engineer. As minimum evidence of qualification for registration as a professional engineer, an applicant must:

�� (1) Except as provided in ORS 672.146, provide evidence of graduation in a college or university engineering program of four years or more approved by the State Board of Examiners for Engineering and Land Surveying;

�� (2) Except as provided in ORS 672.103, pass, or provide evidence of having previously passed, a fundamentals of engineering examination approved by the board;

�� (3) Pass, or provide evidence of having previously passed, a practical engineer�s examination approved by the board;

�� (4) Have a work record of four years or more of active practice in engineering work satisfactory to the board; and

�� (5) Meet any additional requirements for registration as a professional engineer adopted by the board under ORS 672.255. [2015 c.576 �2]

�� 672.099 [1995 c.68 �7; renumbered 672.118 in 2005]

�� 672.100 [Amended by 1971 c.751 �12; 1981 c.143 �7; renumbered 672.151 in 2005]

�� 672.102 [Formerly 672.092; 2013 c.86 �4; repealed by 2015 c.576 �16]

�� 672.103 Examination waiver. The State Board of Examiners for Engineering and Land Surveying may waive the fundamentals of engineering examination requirement for an applicant for registration under ORS 672.098 if the applicant has, for at least 25 years prior to the date of the registration application, held a registration or license to practice professional engineering in another state, a territory or possession of the United States, the District of Columbia or a foreign country. [2015 c.576 �7]

�� 672.105 [Formerly 672.097; 2012 c.43 �2; 2013 c.86 �5; repealed by 2015 c.576 �16]

�� 672.107 Structural engineer registration for performing engineering services on significant structures; rules. (1) For purposes of this section:

�� (a) �Essential facility� means Risk Category IV buildings and structures, as defined in �Risk Category of Buildings and Other Structures,� Table 1604.5 of the Oregon Structural Specialty Code.

�� (b) �Hazardous facility� means structures housing, supporting or containing sufficient quantities of toxic or explosive substances to be of danger to the safety of the public if released.

�� (c)(A) �Significant structure� means:

�� (i) Hazardous facilities and special occupancy structures;

�� (ii) Essential facilities that have a ground area of more than 4,000 square feet or are more than 20 feet in height;

�� (iii) Structures that the Director of the Department of Consumer and Business Services determines to have irregular features; and

�� (iv) Buildings that are customarily occupied by human beings and are more than four stories or 45 feet above average ground level.

�� (B) �Significant structure� does not mean:

�� (i) One-family and two-family dwellings and accompanying accessory structures;

�� (ii) Agricultural buildings or equine facilities, both as defined in ORS 455.315; or

�� (iii) Buildings located on lands exempt from Department of Consumer and Business Services enforcement of building code regulations.

�� (d) �Special occupancy structure� means Risk Category III buildings and structures, as defined in �Risk Category of Buildings and Other Structures,� Table 1604.5 of the Oregon Structural Specialty Code.

�� (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; 2021 c.360 �4]

�� 672.109 Temporary permit to practice engineering; fee. (1) Upon payment of the required fee, the State Board of Examiners for Engineering and Land Surveying may without examination issue a temporary permit to a person to practice engineering in this state for a period not to exceed six months. A temporary permit may only be issued if the person has made application for registration and, in the judgment of the board, has the other necessary qualifications for registration under ORS 672.002 to 672.325.

�� (2) A temporary permit to practice engineering may be issued only once to a person and may only be issued to a person authorized to practice engineering in another state, territory or possession of the United States, the District of Columbia or a foreign country if the standards for such authorization are equivalent to those in Oregon, as determined by the board. [Formerly 672.135]

�� 672.110 [Amended by 1971 c.751 �13; renumbered 672.159 in 2005]

�� 672.115 [Formerly 672.094; 2013 c.86 �6; repealed by 2015 c.576 �16]

�� 672.118 [Formerly 672.099; 2009 c.259 �8; 2012 c.43 �3; 2013 c.86 �7; repealed by 2015 c.576 �16]

�� 672.120 [Amended by 1959 c.336 �11; 1971 c.751 �14; renumbered 672.157 in 2005]

�� 672.121 [2013 c.86 �2; repealed by 2015 c.576 �16]

�� 672.123 [2005 c.445 �3; 2009 c.259 �9; repealed by 2015 c.576 �16]

�� 672.125 [1971 c.751 �19; 1981 c.143 �8; 1991 c.221 �2; renumbered 672.148 in 2005]

�� 672.126 Minimum qualifications for registration as professional land surveyor. As minimum evidence of qualification for registration as a professional land surveyor, an applicant must:

�� (1) Except as provided in ORS 672.146, provide evidence of graduation in a college or university land surveying or photogrammetric mapping program of four years or more approved by the State Board of Examiners for Engineering and Land Surveying;

�� (2) Pass, or provide evidence of having previously passed, a fundamentals of land surveying examination approved by the board;

�� (3) Pass, or provide evidence of having previously passed, a professional land surveying examination approved by the board;

�� (4) Pass an Oregon-specific land surveying examination approved by the board;

�� (5) Have a work record of four years or more of active practice in land surveying work satisfactory to the board; and

�� (6) Meet any additional requirements for registration as a professional land surveyor adopted by the board under ORS 672.255. [2015 c.576 �3]

�� 672.127 [2005 c.445 �5a; renumbered

ORS 692.320

692.320 (1)(a);

�� (B) An organization accredited by the American Alliance of Museums;

�� (C) An institution accredited by the Northwest Commission on Colleges and Universities; or

�� (D) The Oregon Museum of Science and Industry.

�� (3) This section shall preempt any conflicting provision of ORS 97.110 to 97.223. [2023 c.309 �2]

�� Note: 97.205 and 97.207 were added to and made a part of 97.110 to 97.223 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 97.207 Civil action by decedent�s estate authorized for unlawful public display of remains. (1) The estate of a decedent whose remains are displayed in violation of ORS 97.205 may bring a civil action for injunctive relief, damages or other appropriate relief against any person whose conduct in connection with the display is unlawful under ORS 97.205.

�� (2) Upon prevailing in an action brought under this section, the plaintiff may recover:

�� (a) Both special and general damages, including damages for emotional distress; and

�� (b) Punitive damages.

�� (3)(a) The court shall award reasonable attorney fees to the prevailing plaintiff in an action brought under this section.

�� (b) The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court. [2023 c.309 �3]

�� Note: See note under 97.205.

(Disease, Disinterment, Emergencies)

�� 97.210 Exceptions to application of ORS 97.170 to 97.200; rules. The body of any person who died of smallpox, diphtheria, scarlet fever or other disease that the Oregon Health Authority, by rule, may prescribe, shall not be subject to the provisions of ORS 97.170 to 97.200. [Amended by 1977 c.582 �2; 2009 c.595 �62]

�� 97.220 Disinterment. (1) Except as provided in ORS 97.223, the remains of a deceased person interred in a plot in a cemetery may be removed from the plot with the consent of the cemetery authority and written consent of:

�� (a) The person under ORS 97.130 (2)(a), (b) or (c) who has the authority to direct disposition of the remains of the deceased person; or

�� (b) If the remains are cremated or reduced remains, the person who had possession of the cremated or reduced remains and authorized the interment of the cremated or reduced remains.

�� (2) If the consent of a person described in subsection (1) of this section or of the cemetery authority cannot be obtained, permission by the county court of the county where the cemetery is situated is sufficient. Notice of application to the court for such permission must be given at least 60 days prior thereto, personally or by mail, to the cemetery authority, to the person not consenting and to every other person or authority on whom service of notice is required by the county court.

�� (3) If the payment for the purchase of an interment space is past due for a period of 90 days or more, this section does not apply to or prohibit the removal of any remains from one plot to another in the same cemetery or the removal of remains by the cemetery authority from a plot to some other suitable place.

�� (4) This section does not apply to the disinterment of remains upon order of court or if ordered under the provisions of ORS 146.045 (3)(e). [Amended by 1977 c.582 �3; 2007 c.661 �2; 2011 c.164 �3; 2019 c.241 �3; 2021 c.296 �10]

�� 97.223 Interment or temporary storage of human remains in case of natural disaster or other emergency. (1) In the event of a natural disaster or similar emergency that causes interred human remains to be completely or partially dislodged from their original designated plot, the cemetery authority of the cemetery where the plot is located may, as the cemetery authority deems fit:

�� (a) Inter the human remains in the original designated plot;

�� (b) Temporarily store the human remains in a safe storage location until the cemetery authority can inter the human remains; or

�� (c) Inter the human remains in another plot in the cemetery.

�� (2) The cemetery authority shall, before performing an act specified in subsection (1)(b) or (c) of this section, make a reasonable attempt to identify the human remains and notify the person described in ORS 97.130 (2) who has authority to direct disposition of the remains of the deceased person.

�� (3) A cemetery authority that performs an act specified in subsection (1) of this section may not be held liable for performing that act.

�� (4) A person described in ORS 97.130 (2) who has the authority to direct disposition of the remains of the deceased person may not be held liable, or be considered to have violated a provision of ORS 97.110 to 97.450, if the person:

�� (a) Makes a request of the cemetery authority to undertake an action specified in subsection (1) of this section; or

�� (b) Personally undertakes an action specified in subsection (1) of this section. [2019 c.241 �2]

�� 97.230 [Repealed by 1973 c.286 �1]

(Unclaimed Cremated Remains of Veteran or Veteran�s Spouse, Dependent or Survivor)

�� 97.231 Definitions. As used in ORS 97.231 to 97.246:

�� (1) �County veterans� service officer� means a county veterans� service officer appointed under ORS 408.410.

�� (2) �Eligible decedent� means the unclaimed cremated remains of a veteran or spouse, dependent or survivor of a veteran that are entitled to interment under federal law at a national cemetery administered by the United States Department of Veterans Affairs.

�� (3) �Funeral establishment� means a funeral establishment licensed under ORS 692.146.

�� (4) �Veteran� has the meaning given that term in ORS 408.225.

�� (5) �Veteran status information� means the data required by the United States Department of Veterans Affairs to verify that cremated remains are those of a veteran or spouse, dependent or survivor of a veteran for purposes of eligibility for interment in a national cemetery, including the person�s name, service number, Social Security number, date of birth, date of death, place of birth, branch of the service and military rank.

�� (6) �Veterans� remains coordinator� means a person recognized by a county as a paid employee or unpaid volunteer authorized to verify and assist in the interment of unclaimed cremated remains of a veteran or spouse, dependent or survivor of a veteran. [2023 c.402 �2]

�� 97.234 County designation of veterans� remains coordinator; identification and interment of unclaimed cremated remains of veterans. (1) The governing body of each county shall designate one or more veterans� remains coordinators who shall exercise due diligence to:

�� (a) Identify unclaimed cremated remains located in the county in consultation with the county veterans� service officer, the United States Department of Veterans Affairs, a national cemetery administered by the United States Department of Veterans Affairs, the United States Social Security Administration or another entity;

�� (b) Establish that the unclaimed cremated remains meet the definition of �eligible decedent�; and

�� (c) For an eligible decedent who died in the county, cause interment at a national cemetery administered by the United States Department of Veterans Affairs.

�� (2) An interment under subsection (1) of this section may not occur at a cemetery used only for the interment of indigent persons. [2023 c.402 �3]

�� 97.237 Veterans� remains coordinator to report to county veterans� service officer before interment of eligible decedent; officer to maintain record of reported information. (1) Before causing the interment of an eligible decedent under ORS 97.234, the veterans� remains coordinator shall report to the county veterans� service officer:

�� (a) The facts relied upon to establish eligibility for interment under ORS 97.234;

�� (b) The plan for the interment of the eligible decedent; and

�� (c) The date of death and place of interment of the eligible decedent.

�� (2) The county veterans� service officer shall establish and maintain a record of information received under subsection (1) of this section. [2023 c.402 �4]

�� 97.240 Funeral establishment assistance to veterans� remains coordinator regarding veterans� remains; civil claims against funeral establishment or veterans� remains coordinator barred. (1) A funeral establishment in possession of an eligible decedent shall, upon request of a veterans� remains coordinator, release the veteran status information associated with the eligible decedent to the veterans� remains coordinator.

�� (2) A veterans� remains coordinator may use the veteran status information received under subsection (1) of this section only for disclosure to the United States Department of Veterans Affairs to verify the interment benefits of an eligible decedent.

�� (3) A funeral establishment in possession of unclaimed cremated remains shall, upon request of a veterans� remains coordinator, provide reasonable assistance to the veterans� remains coordinator to identify and establish that the unclaimed cremated remains meet the definition of �eligible decedent� under ORS 97.234.

�� (4) A funeral establishment in possession of an eligible decedent shall, upon request by a veterans� remains coordinator, release the eligible decedent to a person authorized, under rules promulgated by the United States Department of Veterans Affairs, to receive the eligible decedent for interment under ORS 97.234, provided that the following conditions are satisfied:

�� (a) The veterans� remains coordinator has verified the interment benefits of the eligible decedent with the department or county veterans� service officer and provided documentation of that verification to the funeral establishment in possession of the eligible decedent.

�� (b) The veterans� remains coordinator has exercised due diligence to provide notice of the plan to inter the eligible decedent to any agents or family members of the eligible decedent with the legal right to control the disposition of the eligible decedent.

�� (c) An agent or family member of the eligible decedent with a legal right to control the disposition of the eligible decedent has not exercised that right.

�� (d) The funeral establishment in possession of the eligible decedent has possessed the eligible decedent for at least six months.

�� (5) Notwithstanding ORS 30.265, a person may not bring a civil claim against a funeral establishment in possession of an eligible decedent for any action taken by the funeral establishment in accordance with this section, except in the case of gross negligence, or for any subsequent action taken by a veterans� remains coordinator.

�� (6) Notwithstanding ORS 30.265, a person may not bring a civil claim against a veterans� remains coordinator for acts or omissions arising from the interment of an eligible decedent under ORS 97.234, except in the case of gross negligence. [2023 c.402 �5]

�� 97.243 Veterans� remains coordinator to report veteran status information to U.S. Department of Veterans Affairs and maintain list of reported eligible decedents. (1) A veterans� remains coordinator who identifies or locates an eligible decedent shall report to the United States Department of Veterans Affairs:

�� (a) Veteran status information known about the veteran associated with the eligible decedent; and

�� (b) Contact information for the place and person in possession of the eligible decedent.

�� (2) The veterans� remains coordinator shall establish and maintain a list of eligible decedents that are reported under subsection (1) of this section and make the list available in person or by telephone upon request by a county veterans� service officer. [2023 c.402 �6]

�� 97.246 Veterans� remains coordinator and county veterans� service officer to carry out duties per Department of Veterans� Affairs rules. (1) A veterans� remains coordinator or county veterans� service officer shall carry out the duties under ORS 97.231 to 97.246 in accordance with rules adopted by the Department of Veterans� Affairs.

�� (2) The Department of Veterans� Affairs may adopt rules to implement the provisions of ORS 97.231 to 97.246. [2025 c.14 �2]

�� 97.250 [1969 c.175 �1; repealed by 1995 c.717 �9]

�� 97.255 [1969 c.175 �3; repealed by 1995 c.717 �9]

�� 97.260 [1969 c.175 �2; repealed by 1995 c.717 �9]

�� 97.265 [1969 c.175 �4; 1973 c.823 ��98,157; 1993 c.218 �1; repealed by 1995 c.717 �9]

�� 97.268 [1985 c.379 �1; repealed by 1995 c.717 �9]

�� 97.270 [1969 c.175 �5; repealed by 1995 c.717 �9]

�� 97.275 [1969 c.175 �6; 1969 c.591 �278a; 1975 c.215 �1; repealed by 1995 c.717 �9]

�� 97.280 [1969 c.175 �7; repealed by 1995 c.717 �9]

�� 97.285 [1969 c.175 �8; repealed by 1995 c.717 �9]

�� 97.290 [1969 c.175 �9; repealed by 1995 c.717 �9]

�� 97.295 [Formerly 116.115; 1995 c.717 �11; renumbered 97.966 in 1995]

�� 97.300 [1969 c.271 �1; 1995 c.717 �12; renumbered 97.968 in 1995]

DEDICATION TO CEMETERY PURPOSES; PLATTINGS

�� 97.310 Survey and subdivision of land; map or plat of mausoleum or columbarium; access easement. (1) Every cemetery authority, from time to time as its property may require for cemetery purposes, shall:

�� (a) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions and make a good and substantial map or plat showing them, with descriptive names or numbers. In all instances this shall be done in compliance with ORS 92.010 to 92.192 except that ORS 92.090 (2)(a) and (b) shall not be applicable to streets, alleys, ways and footpaths located wholly within a cemetery.

�� (b) In case of a mausoleum or columbarium, make a good substantial map or plat on which are delineated the sections, halls, rooms, corridors, elevation and other divisions, with descriptive names or numbers. In all instances this shall be done in compliance with the state building code.

�� (2) Every lot in a cemetery subdivision shall include an access easement across the lot for the benefit of adjacent lots. Designated areas between lots for the purpose of providing access to separate lots are not required to approve a subdivision under this section. A cemetery authority must disclose to a potential purchaser of a lot in the cemetery the existence of the access easement across the lot. [Amended by 1965 c.396 �2; 1979 c.57 �1; 1985 c.582 �3; 1999 c.381 �1]

�� 97.320 Filing map or plat and declaration of dedication of land to cemetery purposes. In case of a cemetery lot, the cemetery authority shall file the map or plat in the office of the recording officer of the county in which all or a portion of the property is situated, and it forthwith shall file for record in that officer�s office a written declaration dedicating the property delineated on the plat or map exclusively to cemetery purposes.

�� 97.330 When dedication is complete. Upon the filing of the map or plat and of the declaration for record, the dedication is complete for all purposes, and thereafter the property shall be held, occupied and used exclusively for cemetery purposes.

�� 97.340 Effect of dedication. After property is dedicated to cemetery purposes pursuant to ORS 97.310 to

ORS 693.020

693.020. [1993 c.520 �3; 1995 c.228 �1; 2003 c.14 �268; 2003 c.675 �8; 2005 c.758 �15]

�� 447.076 Inspection of minor plumbing installations; rules. Notwithstanding ORS 455.610, the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules to create a mandatory inspection program for minor plumbing installations made by licensed plumbing contractors in low-rise residential dwellings. The rules adopted by the department shall:

�� (1) Define the term �minor plumbing installations� in a manner that does not include new construction;

�� (2) Designate which minor plumbing installations are under the inspection program; and

�� (3) Provide for random inspection of minor plumbing installations. [1993 c.520 �4; 1995 c.553 �2b; 2003 c.675 �9; 2005 c.758 �16]

�� 447.080 City and county plumbing regulations. No city or county shall enact or enforce any ordinances or building codes providing different requirements than those imposed by the state building code for the regulation of the business of master plumbing or the installation of drainage work unless authorized by the Director of the Department of Consumer and Business Services under ORS 455.040. [Amended by 1955 c.548 �9; 1963 c.47 �1; 1973 c.834 �31; 1973 c.835 �228; 1985 c.590 �1]

�� 447.085 [1973 c.734 �7; 1977 c.748 �1; repealed by 1981 c.438 �46]

�� 447.090 [Repealed by 1971 c.753 �74]

�� 447.091 Contracts with sanitary districts and authorities and service districts for inspection of building sewers. The Department of Consumer and Business Services or local government administering the plumbing specialty code adopted under ORS 447.020 (2) may, upon request of any sanitary district formed pursuant to ORS 450.005 to

ORS 701.125

701.125]

�� 701.058 [2003 c.675 �68; repealed by 2007 c.836 �51]

�� 701.060 Licensing in another category; fee. Any contractor licensed under this chapter may at any time apply for an additional or different endorsement. The Construction Contractors Board may charge a fee not to exceed $20 for each application. [1977 c.426 �2; 1981 c.618 �11; 1983 c.616 �7; 1989 c.430 �2; 1989 c.928 �5; 1999 c.402 �15; 2007 c.114 �9; 2007 c.836 �17]

�� 701.063 Term of license; fee; renewal; inactive status; license identification card. (1) A license is valid for two years from the date of issuance unless the license is revoked or suspended as set forth in ORS 701.098.

�� (2) A person may renew a license by submitting an application for renewal on the prescribed form, providing any additional information required, including evidence of completion of any required education and an affirmation of the person�s status as exempt under ORS 701.035 (2)(b), if the person continues to qualify as exempt, and submitting the appropriate application fee, as provided by Construction Contractors Board rule.

�� (3) The board may vary the dates of license renewal by giving to the licensee written notice of the renewal date assigned and by making appropriate adjustments in the fee for the license renewal application.

�� (4) If a contractor applies for renewal not more than two years after the contractor�s license lapses, upon the contractor�s compliance with the requirements of subsection (2) of this section, the board may renew the lapsed license. The board may designate the effective date of renewal as the last date on which the contractor was licensed.

�� (5) A contractor may convert a license to inactive status if the contractor is not engaged in work as a contractor. A contractor having an inactive license is subject to board licensing requirements and application fees, but is not subject to the bonding requirement of ORS 701.068 or the insurance requirement of ORS 701.073. A commercial general or commercial specialty contractor having an inactive license is not subject to the key employee continuing education requirements of ORS 701.086. An inactive license is not considered a valid license for purposes of offering to undertake construction work, submitting a bid for construction work, obtaining a building permit or performing construction work. A license may not be placed or maintained in inactive status more than once during any two-year licensing term.

�� (6) The board shall issue a pocket-card certificate of licensure to a contractor licensed under this chapter indicating the type of license issued. [Formerly 701.115; 2009 c.408 ��4,5; 2023 c.277 �4]

�� 701.065 [1971 c.740 �8; 1973 c.832 �55; 1975 c.654 �1; 1979 c.874 �1; 1983 c.616 �8; 1989 c.870 ��10,10a; 1989 c.928 �6; 1997 c.818 �3; 1999 c.402 �16; 2003 c.675 �71; 2007 c.793 �6; 2007 c.836 �58; renumbered 701.131 in 2007]

�� 701.067 [1989 c.870 �9; 1995 c.618 �124; 1999 c.402 �17; renumbered 701.128 in 2007]

�� 701.068 Bonding requirements; action against surety; rules. (1) An applicant for issuance or renewal of a contractor license shall file with the Construction Contractors Board a surety bond with one or more corporate sureties authorized to do business in this state in the amount set forth in ORS 701.081 or 701.084.

�� (2) If an applicant for issuance, renewal or an additional endorsement of a license will hold endorsements as both a residential contractor and a commercial contractor, the applicant shall file with the board a surety bond for each endorsement in the amount set forth in ORS 701.081 or 701.084.

�� (3) The surety bond for a residential contractor must provide that the applicant, with regard to work subject to this chapter, will pay amounts determined by the board as provided under ORS 701.145. The surety bond for a commercial contractor must provide that the applicant, with regard to work subject to this chapter, will pay amounts determined by the board as provided under ORS 701.146. Bonds filed under this section shall remain in effect for at least one year or until depleted by payments under ORS 701.150, 701.153 and 701.157, unless the surety sooner cancels the bond. At the discretion of the surety the bond may be continued for an additional period by continuation certificate. Except as provided in subsection (4) of this section, the aggregate liability of the surety under the bond for complaints against the contractor may not exceed the penal sum of the bond no matter how many years the bond is in force. Except as provided in subsection (4) of this section, an extension by continuation certificate, reinstatement, reissue or renewal of the bond may not increase the liability of the surety.

�� (4) The board, by rule, may require a licensee to obtain a new surety bond if, pursuant to a board determination issued under ORS 701.145 or 701.146, the surety pays an amount out of the bond of the licensee. The new surety bond must be in the applicable amount set forth in ORS 701.081 or 701.084 unless a higher amount is required by a board condition or rule described in subsection (5) or (6) of this section. The board may allow a licensee to obtain, instead of a new bond, a certification that the surety remains liable for the full penal sum of the bond, notwithstanding payment by the surety on the complaint.

�� (5) If the amount the licensee must pay against the bond under subsection (3) of this section exceeds the amount of the bond, the board shall suspend the contractor�s license until the amount owed is paid. The board, as a condition of ending the suspension, may require a contractor requesting reinstatement of a license to file a bond of an amount up to five times as much as the amount required ordinarily of a licensee under ORS 701.081 or 701.084.

�� (6) The board by rule may establish conditions for applicants or persons licensed under this chapter under which the applicant or licensee must file a bond of an amount up to five times as much as the amount required ordinarily of an applicant or licensee under ORS 701.081 or 701.084. The board may reduce the amount of bond it would otherwise require if the contractor demonstrates satisfactory completion of approved elective classes on dispute resolution and prevention, basic accounting and record keeping or such other classes as the board may prescribe.

�� (7) The bond required under this section is for the exclusive purpose of payment of amounts for which the board has determined the surety to have responsibility.

�� (8) Upon issuance of a determination under ORS 701.145 or 701.146 for a complaint against a contractor who holds a bond required under this section, the board shall notify the surety on the bond of the determination in a manner determined by the board by rule. The notification shall include a list of all board determinations for payment by the surety from the bond.

�� (9) A court action may not be commenced against a surety on a bond required under this section until 30 days after the date that the surety is notified by the board under ORS 701.150 that payment is due on the determination.

�� (10) In any action against a surety on a bond under this section that is based on the failure of the surety to pay an amount determined by the board, the court may award:

�� (a) Costs;

�� (b) Reasonable attorney fees to the prevailing party as part of the costs; and

�� (c) Twice the amount that the board determined the surety must pay on the complaint, if the surety arbitrarily and capriciously refused to pay. [Formerly 701.085; 2009 c.225 �1; 2011 c.630 ��39,60; 2016 c.99 �2]

�� 701.070 [1975 c.383 ��2,3; repealed by 1983 c.616 �17]

�� 701.072 [2005 c.432 �2; 2007 c.836 �19; renumbered 701.122 in 2007]

�� 701.073 Insurance required of licensed contractors. (1) A contractor who possesses a license as required under this chapter shall have in effect public liability, personal injury and property damage insurance covering the work of the contractor that is subject to this chapter, including the covering of liability for products and completed operations according to the terms of the policy and subject to applicable policy exclusions, for an amount not less than the applicable amount set forth in ORS 701.081 or 701.084.

�� (2) The contractor shall provide satisfactory evidence to the Construction Contractors Board at the time of licensure and renewal that the insurance required by subsection (1) of this section has been procured and is in effect. [Formerly

ORS 701.536

701.536 for the repeal of 701.126 has not been made.

(Restoration Work)

�� 701.540 Licensing; standards and practices; rules. (1) As used in this section:

�� (a) �Board-up services� means covering over the openings of a damaged structure to secure against weather or unauthorized or unsafe entry.

�� (b) �Man-made or natural disaster� means a fire, flood, earthquake, crime or other sudden event that causes a structure or the contents of a structure to suffer damage as described in rules adopted by the Construction Contractors Board.

�� (c) �Restoration work� means the performance, on a residential or small commercial structure, of:

�� (A) Nonroutine cleaning, water removal, personal property inventory or other services undertaken because of damage to the structure, or to the contents of the structure, that was caused by a man-made or natural disaster;

�� (B) Debris removal that does not require demolition work on the structure; and

�� (C) Board-up services.

�� (d) �Restoration work� does not mean:

�� (A) The repair or replacement of physical components of a structure;

�� (B) Demolition of all or part of a structure; or

�� (C) Except as provided in paragraph (c)(C) of this subsection, any work on a residential or small commercial structure that requires a license endorsement listed in subsection (3)(b)(A) to (C) or (E) to (H) of this section.

�� (2)(a) The board may issue a licensee an endorsement as a residential restoration contractor. A license endorsement as a residential restoration contractor authorizes the licensee to perform restoration work, but does not authorize the performance of other contractor activities.

�� (b) Notwithstanding ORS 701.122, the board may not require a residential restoration contractor to take a test measuring the knowledge of the contractor regarding business practices and laws affecting construction contractors.

�� (c) ORS 701.082 does not apply to residential restoration contractors, but the board may establish continuing education requirements for residential restoration contractors by rule.

�� (3) For purposes of ORS 701.021 (1), the appropriate license endorsements to arrange for, undertake, offer to undertake or submit a bid to do restoration work for compensation, or with the expectation to be compensated, are:

�� (a) The following if the work is on a residential structure:

�� (A) Residential general contractor.

�� (B) Residential specialty contractor.

�� (C) Residential limited contractor.

�� (D) Residential restoration contractor.

�� (b) The following if the restoration work is on or in connection with a small commercial structure:

�� (A) Residential general contractor.

�� (B) Residential specialty contractor.

�� (C) Residential limited contractor.

�� (D) Residential restoration contractor.

�� (E) Commercial general contractor level 1.

�� (F) Commercial specialty contractor level 1.

�� (G) Commercial general contractor level 2.

�� (H) Commercial specialty contractor level 2.

�� (4) The board may adopt rules to regulate the arranging, undertaking, offering to undertake and submission of bids for restoration work by licensees of the board, including but not limited to rules establishing minimum standards of practice and professional conduct for the offering or performance of restoration work. [2015 c.498 �2]

ACCESSIBILITY FEATURES

�� 701.545 Provision of accessible features list to purchaser; effect. (1) As used in this section and ORS 701.547:

�� (a) �Developer� means a person who contracts to construct, or arrange for the construction of, new residential housing on behalf of, or for the purpose of selling the residential housing to, a specific individual the person knows is the purchaser of the residential housing.

�� (b) �Residential housing�:

�� (A) Means a structure designed for use as a residence and containing dwelling units for three or fewer families.

�� (B) Means a structure that is a condominium as defined in ORS 100.005.

�� (C) Does not mean a manufactured structure as defined in ORS 174.101.

�� (2) A developer who enters into a contract to construct or arrange for the construction of new residential housing may, at the time of providing a purchaser with a written contract, also provide the purchaser with a list of features that may make residential housing more accessible to a person with a disability. The list may include the features identified in the model list of features adopted by the Construction Contractors Board by rule under ORS 701.547.

�� (3) The inclusion of a feature on the list supplied by the developer under subsection (2) of this section does not obligate the developer to make the feature available to a purchaser. The list supplied by the developer may specify for each feature whether the feature is standard, optional, available on a limited basis or unavailable from the developer. If a listed feature is available from the developer as an option or on a limited basis, the list of features may specify the stage of construction by which the purchaser must submit to the developer any request that the residential housing be constructed with that feature.

�� (4) This section, or the inclusion of a feature on the model list developed under ORS 701.547, does not affect the requirement that installation of a feature comply with the state building code or be approved under ORS 455.060. [Formerly 701.525; 2019 c.422 �39]

�� Note: 701.545 and 701.547 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 701.547 Model list of accessibility features; rules. The Construction Contractors Board shall adopt by rule a model list of features recommended for inclusion in a list of features that a developer supplies to a purchaser of residential housing under ORS 701.545. In developing the model list of features, the board shall solicit the comments of advocacy groups and other organizations serving persons with disabilities. [Formerly 701.530]

�� Note: See note under 701.545.

MERCURY THERMOSTATS

�� 701.550 Notice of Department of Consumer and Business Services rules regarding thermostats containing mercury. The Construction Contractors Board shall provide an annual notice to each contractor licensed under this chapter that informs contractors of the rules developed by the Director of the Department of Consumer and Business Services pursuant to ORS 455.355 prohibiting the installation of thermostats that contain mercury and requiring proper disposal of thermostats that contain mercury. [2001 c.924 �22]

PROHIBITED MATERIAL INSTALLATION

�� 701.555 Barrier-type exterior insulation and finish systems. (1) As used in this section, �barrier-type exterior insulation and finish system� means a foam insulation board inner layer, a polymer and cement base coat middle layer reinforced with glass fiber mesh and a textured finish coat exterior layer, in which:

�� (a) The layers are bonded to the outside face of an exterior wall;

�� (b) The middle or exterior layer, but not the inner layer, provides a water resistant barrier for the exterior of the building envelope;

�� (c) The layers do not provide a means of drainage for water that accumulates behind the exterior surface; and

�� (d) The layers insulate the building.

�� (2) A person licensed or required to be licensed under this chapter may not install a barrier-type exterior insulation and finish system on:

�� (a) A new building; or

�� (b) An existing building, except as necessary to repair or replace a previously installed barrier-type exterior insulation and finish system.

�� (3) Subsection (2) of this section does not apply to the application of a barrier-type exterior insulation and finish system:

�� (a) As an architectural feature that is not intended to protect an interior space of the building; or

�� (b) To a concrete wall or a concrete masonry unit block wall. [2007 c.851 �2]

NOTICES OF DEFECT IN RESIDENCE

�� 701.560 Definitions for ORS 701.560 to 701.595 and 701.605. As used in ORS 701.560 to 701.595 and 701.605:

�� (1) �Contractor� means a person that performed services for the construction, alteration or repair of a residence.

�� (2) �Defect� means a deficiency, an inadequacy or an insufficiency arising out of or relating to the construction, alteration or repair of a residence. �Defect� includes a deficiency, an inadequacy or an insufficiency in a system, component or material incorporated into a residence.

�� (3) �Owner� means a person that possesses an interest in a residence or in land that is a residential site or has entered into a contract for the purchase of an interest in the residence or land. �Owner� includes:

�� (a) A homeowners association as defined in ORS 94.550;

�� (b) A managing entity as defined in ORS 94.803;

�� (c) An owners� association as described in ORS 94.858;

�� (d) An association of unit owners as defined in ORS 100.005; and

�� (e) Any other entity that possesses an interest in a residence or represents owners of a residence.

�� (4) �Remediation� means the repair or replacement of some or all of the defects described in an owner�s notice of defect sent under ORS 701.565.

�� (5) �Residence� means:

�� (a) A residential structure as defined in ORS 701.005;

�� (b) Common property as defined in ORS 94.550; and

�� (c) A common element as defined in ORS 100.005.

�� (6) �Secondary notice� means a copy of an owner�s notice of defect that a contractor, subcontractor or supplier sends to another contractor, subcontractor or supplier that may be responsible for a defect.

�� (7) �Subcontractor� means any person that performed services for the construction, alteration or repair of a residence at the request or direction of a contractor.

�� (8) �Supplier� means any person that furnished or manufactured the systems, components or materials incorporated into a residence as part of the construction, alteration or repair of the residence. [2003 c.660 �1]

�� Note: 701.560 to 701.605 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 701.565 Notice of defect requirement; contents; mailing. (1) Except as provided in ORS 701.600, an owner may not compel arbitration or commence a court action against a contractor, subcontractor or supplier to assert a claim arising out of or related to any defect in the construction, alteration or repair of a residence or in any system, component or material incorporated into a residence located in this state unless the owner has sent that contractor, subcontractor or supplier a notice of defect as provided in this section and has complied with ORS 701.575.

�� (2) An owner must send a notice of defect by registered or certified mail, return receipt requested. If a notice of defect is sent to a contractor or subcontractor, the owner must send the notice to the last known address for the contractor or subcontractor as shown in the records of the Construction Contractors Board. If a notice of defect is sent to a supplier, the owner must send the notice to the Oregon business address of the supplier or, if none, to the registered agent of the supplier.

�� (3) A notice of defect sent by an owner must include:

�� (a) The name and mailing address of the owner or the owner�s legal representative, if any;

�� (b) A statement that the owner may seek to compel arbitration or bring a court action against the contractor, subcontractor or supplier;

�� (c) The address and location of the affected residence;

�� (d) A description of:

�� (A) Each defect;

�� (B) The remediation the owner believes is necessary; and

�� (C) Any incidental damage not curable by remediation as described in subparagraph (B) of this paragraph; and

�� (e) Any report or other document evidencing the existence of the defects and any incidental damage. [2003 c.660 �2; 2011 c.268 �1]

�� Note: See note under 701.560.

�� 701.570 Secondary notice of defect; inspection of residence; response to notice or secondary notice. (1) A contractor, subcontractor or supplier that receives a notice of defect sent under ORS 701.565 shall, not later than 14 days after receiving the notice of defect, send a secondary notice to any other known contractor, subcontractor or supplier that may be responsible for some or all of the defects described in the notice of defect. The contractor, subcontractor or supplier must send the secondary notice by registered or certified mail, return receipt requested, to an address described in ORS 701.565 (2). The secondary notice must be accompanied by a statement describing the basis for contending that the other contractor, subcontractor or supplier may be responsible for some or all of the defects.

�� (2) A contractor, subcontractor or supplier that receives a notice of defect or secondary notice may send the owner a written request to conduct a visual examination of the residence. Except as provided in ORS 701.572, the written request must be sent not later than 14 days after the requesting contractor, subcontractor or supplier receives a notice of defect or secondary notice. The written request to conduct a visual examination of the residence must state the estimated time required for the visual examination.

�� (3) A contractor, subcontractor or supplier that receives a notice of defect or secondary notice may send the owner a written request to inspect the residence. Except as provided in ORS 701.572, the written request must be sent not later than 14 days after the requesting contractor, subcontractor or supplier conducted a visual examination of the residence. The written request to inspect the residence must state the nature and scope of the inspection, whether any testing is to be performed and the estimated time required for the inspection. The recipient of a secondary notice that requests to inspect the residence shall send a copy of the request to the sender of the secondary notice.

�� (4) A contractor, subcontractor or supplier that sends a secondary notice and intends to hold the recipient of the secondary notice liable for a defect described in a notice of defect shall coordinate the scheduling of any inspection with the owner and all recipients of a secondary notice from the contractor, subcontractor or supplier. The contractor, subcontractor or supplier shall deliver a copy of any written request to inspect the residence to each recipient of the secondary notice in time to provide the recipient with an opportunity to attend the requested inspection and to participate in any remediation. The sender of a secondary notice shall give reasonable advance notice to the owner or the owner�s legal representative, if any, of the identity of any contractor, subcontractor or supplier who will attend the inspection. If the sender of the notice of defect is a homeowners association or an association of unit owners, the response to the secondary notice must conform with ORS 701.572.

�� (5) Unless otherwise agreed to by the owner, a contractor, subcontractor or supplier that receives a notice of defect or secondary notice shall send a written response to the owner not later than 90 days after the contractor, subcontractor or supplier receives a notice of defect or secondary notice. A contractor, subcontractor or supplier that receives a secondary notice also shall send a copy of the written response to the sender of the secondary notice. The written response must be sent by registered or certified mail, return receipt requested. The written response must include:

�� (a) One or more of the following for each defect described in the notice of defect or secondary notice or discovered during the course of any visual examination or inspection:

�� (A) An acknowledgment of the existence, nature and extent of the defect without regard to responsibility for the defect.

�� (B) A statement describing the existence of a defect different in nature or extent from the defect described in the notice of defect or secondary notice, without regard to responsibility for the defect.

�� (C) A denial of the existence of the defect.

�� (b) A copy of the documents described in ORS 701.575 (4).

�� (c) One or more of the following:

�� (A) An offer to perform some or all of the remediation. The offer must specify the date by which the offered remediation will be completed.

�� (B) An offer to pay a stated amount of monetary compensation to the owner for some or all of the acknowledged defects and any incidental damage. The offer must specify the date by which payment will be made.

�� (C) A denial of responsibility for some or all of the acknowledged defects or incidental damage. [2003 c.660 �3; 2011 c.268 �2; 2025 c.578 �13]

�� Note: See note under 701.560.

�� 701.572 Duties and rights of contractor, subcontractor or supplier following association�s notice of defect; requirements for offers to pay compensation; duties of owner upon receipt of offer to pay compensation; dispute resolution; satisfaction of claim. If a homeowners association or association of unit owners sends a notice of defect under ORS 701.565:

�� (1) The periods during which a contractor, subcontractor or supplier may send a written request to conduct a visual examination or request to inspect the residence under ORS

ORS 705.145

705.145 and credited to the account responsible for paying the expenses of the department related to administering and enforcing the building inspection program. A state employee may not be displaced as a result of using contract personnel.

�� (7) The governing body of a municipality may commence responsibility for the administration and enforcement of a building inspection program beginning July 1 of any year by notifying the director no later than January 1 of the same year and obtaining the director�s approval of an assumption plan as described in subsection (11)(c) of this section.

�� (8) The department shall adopt rules to require the governing body of each municipality assuming or continuing a building inspection program under this section to submit a written plan with the notice required under subsection (4) or (7) of this section. If the department is the governing body, the department shall have a plan on file. The plan must specify how cooperation with the State Fire Marshal or a designee of the State Fire Marshal will be achieved and how a uniform fire code will be considered in the review process of the design and construction phases of buildings or structures.

�� (9) A municipality that administers and enforces a building inspection program pursuant to this section shall recognize and accept the performances of state building code activities by businesses and persons authorized under ORS 455.457 to perform the activities as if the activities were performed by the municipality. A municipality is not required to accept an inspection, a plan or a plan review that does not meet the requirements of the state building code.

�� (10) The department or a municipality that accepts an inspection or plan review as required by this section by a person licensed under ORS 455.457 has no responsibility or liability for the activities of the licensee.

�� (11) In addition to the requirements of ORS 455.100 and 455.110, the director shall regulate building inspection programs that municipalities assume on or after January 1, 2002. Regulation under this subsection must include but not be limited to:

�� (a) Creating building inspection program application and amendment requirements and procedures;

�� (b) Granting or denying applications for building inspection program authority and amendments;

�� (c) Requiring a municipality assuming a building inspection program to submit with the notice given under subsection (7) of this section an assumption plan that includes, at a minimum:

�� (A) A description of the intended availability of program services, including proposed service agreements for carrying out the program during at least the first two years;

�� (B) Demonstration of the ability and intent to provide building inspection program services for at least two years;

�� (C) An estimate of proposed permit revenue and program operating expenses;

�� (D) Proposed staffing levels; and

�� (E) Proposed service levels;

�� (d) Reviewing procedures and program operations of municipalities;

�� (e) Creating standards for efficient, effective, timely and acceptable building inspection programs;

�� (f) Creating standards for justifying increases in building inspection program fees adopted by a municipality;

�� (g) Creating standards for determining whether a county or department building inspection program is economically impaired because of the county�s or the department�s inability to reasonably continue providing the program throughout a county, if another municipality is allowed to provide a building inspection program within the same county; and

�� (h) Enforcing the requirements of this section.

�� (12) The department may assume administration and enforcement of a building inspection program:

�� (a) During the pendency of activities under ORS 455.770;

�� (b) If a municipality abandons or is no longer able to administer the building inspection program; or

�� (c) If a municipality fails to substantially comply with any provision of this section or of ORS 455.465, 455.467 and 455.469.

�� (13) If the department assumes the administration and enforcement of a building inspection program under this section, in addition to any other power granted to the director, the director may:

�� (a) Enter into agreements with local governments under ORS 455.185 regarding the administration and enforcement of the assumed building inspection program;

�� (b) Take action as described in ORS 455.192 to ensure that sufficient staff and other resources are available for the administration and enforcement of the assumed building inspection program;

�� (c) Charge fees described in ORS 455.195 for department services provided in administering and enforcing the assumed building inspection program; and

�� (d) Ratify or disapprove the discretionary decisions of a contract building official, as both terms are defined in ORS 455.202, to the extent that a municipality could ratify or disapprove the discretionary decisions of the municipality�s contract building official.

�� (14) A municipality that abandons or otherwise ceases to administer and enforce a building inspection program that the municipality assumed under this section may not resume the administration or enforcement of the program for at least two years. The municipality may resume the administration and enforcement of the abandoned program only on July 1 of an odd-numbered year. Prior to resuming the administration and enforcement of the program, the municipality must follow the notification procedure set forth in subsection (7) of this section. [2001 c.573 �1; 2005 c.22 �328; 2007 c.487 �1; 2007 c.549 ��4,5; 2009 c.696 ��23,24; 2013 c.528 �11; 2019 c.422 �18; 2021 c.599 �8]

�� Note: 455.148 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.150 Selective municipal building inspection programs; building officials and contract building officials; rules; program duration, plan, failure and abandonment; limitation on program resumption. (1) Except as provided in subsection (15) of this section, a municipality that assumes the administration and enforcement of a building inspection program prior to January 1, 2002, may administer and enforce all or part of a building inspection program. A building inspection program:

�� (a) Is a program that includes the following:

�� (A) The state building code, as defined in ORS 455.010, except as set forth in paragraph (b) of this subsection.

�� (B) Manufactured dwelling installation requirements under ORS 446.155, 446.185 (1) and 446.230.

�� (C) Manufactured dwelling parks and mobile home parks under ORS chapter 446.

�� (D) Park and camp programs regulated under ORS 455.680.

�� (E) Tourist facilities regulated under ORS 446.310 to 446.350.

�� (F) Manufactured dwelling alterations regulated under ORS 446.155.

�� (G) Accessory buildings or structures under ORS 446.253.

�� (H) Boilers and pressure vessels described in rules adopted under ORS 480.525 (5).

�� (b) Is not a program that includes:

�� (A) Boiler and pressure vessel programs under ORS 480.510 to 480.670 except those described in rules adopted under ORS 480.525 (5);

�� (B) Elevator programs under ORS 460.005 to 460.175;

�� (C) Amusement ride regulation under ORS 460.310 to 460.370;

�� (D) Prefabricated structure regulation under ORS chapter 455;

�� (E) Manufacture of manufactured dwelling programs under ORS 446.155 to 446.285, including the administration and enforcement of federal manufactured dwelling construction and safety standards adopted under ORS 446.155 or the National Manufactured Housing Construction and Safety Standards Act of 1974;

�� (F) Licensing and certification, or the adoption of statewide codes and standards, under ORS chapter 446, 447, 455, 479 or 693; and

�� (G) Review of plans and specifications as provided in ORS 455.685.

�� (2) A municipality that administers a building inspection program as allowed under this section shall do so for periods of four years. The Department of Consumer and Business Services shall adopt rules to adjust time periods for administration of a building inspection program to allow for variations in the needs of the department and participants.

�� (3)(a) If a municipality administers a building inspection program, the governing body of the municipality shall, unless other means are already provided, appoint or employ a person to serve as a building official, who will administer and enforce all or parts of the building inspection program. Under the circumstances described in ORS 455.202 (2), a municipality may for the same purpose enter into a contract with a contract building official, as defined in ORS 455.202. A building official or contract building official shall, in the municipality that appointed or employed the building official or contracted with the contract building official, attend to all aspects of code enforcement, including the issuance of all building permits. Two or more municipalities may combine in the appointment of a single building official or in a contract with a single contract building official for the purpose of administering a building inspection program within each municipality.

�� (b) A contract between a municipality and a contract building official is subject to applicable provisions of ORS chapters 279A, 279B and 279C.

�� (4)(a) By January 1 of the year preceding the expiration of the four-year period described in subsection (2) of this section, the governing body of the municipality shall notify the Director of the Department of Consumer and Business Services and, if not a county, notify the county whether the municipality will continue to administer all or part of the building inspection program after the four-year period expires. If parts of a building inspection program are to be administered and enforced by a municipality, the parts shall correspond to a classification designated by the director as reasonable divisions of work.

�� (b) Notwithstanding the January 1 date set forth in paragraph (a) of this subsection, the director and the municipality and, if the municipality is not a county, the county may by agreement extend that date to no later than March 1.

�� (5) If a city does not notify the director, or notifies the director that the city will not administer all or parts of certain specialty codes under the building inspection program, the county or counties within which the city is located shall administer and enforce those codes or parts of the codes within the city in the same manner as the county or counties administer and enforce the codes or parts of the codes outside the city, except as provided by subsection (6) of this section.

�� (6) If a county does not notify the director, or notifies the director that the county will not administer and enforce all or parts of certain specialty codes under the building inspection program, the director shall contract with a municipality or other person or use such state employees or state agencies as are necessary to administer and enforce those codes or parts of the codes, and permit or other fees arising from the administration and enforcement must be paid into the Consumer and Business Services Fund created by ORS 705.145 and credited to the account responsible for paying such expenses. A state employee may not be displaced as a result of using contract personnel.

�� (7) If a municipality administering a building inspection program under this section seeks to administer additional parts of a program, the municipality must comply with ORS 455.148, including the requirement that the municipality administer and enforce all aspects of the building inspection program. Thereafter, the municipality is subject to ORS 455.148 and ceases to be subject to this section.

�� (8) The department shall adopt rules to require the governing body of each municipality to submit a written plan with the notice required under subsection (4) of this section. If the department is the governing body, the department shall have a plan on file. The plan shall specify how cooperation with the State Fire Marshal or a designee of the State Fire Marshal will be achieved and how a uniform fire code will be considered in the review process of the design and construction phases of buildings or structures.

�� (9) A municipality that administers a code for which persons or businesses are authorized under ORS 455.457 to perform activities shall recognize and accept those activities as if performed by the municipality. A municipality is not required to accept an inspection, a plan or a plan review that does not meet the requirements of the state building code.

�� (11) In addition to the requirements of ORS 455.100 and 455.110, the director shall regulate building inspection programs of municipalities assumed prior to January 1, 2002. Regulation under this subsection must include but not be limited to:

�� (a) Creating building inspection program application and amendment requirements and procedures;

�� (b) Granting or denying applications for building inspection program authority and amendments;

�� (c) Reviewing procedures and program operations of municipalities;

�� (d) Creating standards for efficient, effective, timely and acceptable building inspection programs;

�� (e) Creating standards for justifying increases in building inspection program fees adopted by a municipality;

�� (f) Creating standards for determining whether a county or department building inspection program is economically impaired because of the county�s or the department�s inability to reasonably continue providing the program or part of the program throughout a county, if another municipality is allowed to provide a building inspection program or part of a program within the same county; and

�� (g) Enforcing the requirements of this section.

�� (12) The department may assume administration and enforcement of a building inspection program:

�� (a) During the pendency of activities under ORS 455.770;

�� (b) If a municipality abandons any part of the building inspection program or is no longer able to administer the building inspection program; or

�� (c) If a municipality fails to substantially comply with any provision of this section or of ORS 455.465, 455.467 and 455.469.

�� (13) If the department assumes the administration and enforcement of a building inspection program under this section, in addition to any other power granted to the director, the director may:

�� (a) Enter into agreements with local governments under ORS 455.185 regarding the administration and enforcement of the assumed building inspection program;

�� (b) Take action as described in ORS 455.192 to ensure that sufficient staff and other resources are available for the administration and enforcement of the assumed building inspection program;

�� (c) Charge fees described in ORS 455.195 for department services provided in administering and enforcing the assumed building inspection program; and

�� (14) If a municipality abandons or otherwise ceases to administer all or part of a building inspection program described in this section, the municipality may not resume the administration and enforcement of the abandoned program or part of a program for at least two years. The municipality may resume the administration and enforcement of the abandoned program or part of a program only on July 1 of an odd-numbered year. To resume the administration and enforcement of the abandoned program or part of a program, the municipality must comply with ORS

ORS 90.140

90.140 to those reasonably necessary to cover the owner�s costs or losses.

�� (d) Require that the recreational vehicle comply with any reasonable appearance, repair, inspection or siting standards adopted by the county.

�� (4) Notwithstanding ORS 455.405, a recreational vehicle sited under this section is not subject to the state building code. [2023 c.295 �2; 2025 c.38 �36]

�� 215.495 Accessory dwelling units. (1) As used in this section:

�� (a) �Accessory dwelling unit� has the meaning given that term in ORS 215.501.

�� (b) �Area zoned for rural residential use� has the meaning given that term in ORS 215.501.

�� (c) �Single-unit dwelling� has the meaning given that term in ORS 215.501.

�� (2) Consistent with a county�s comprehensive plan, a county may allow an owner of a lot or parcel within an area zoned for rural residential use to construct one accessory dwelling unit on the lot or parcel, provided:

�� (a) The lot or parcel is not located within an area designated as an urban reserve as defined in ORS 197A.230;

�� (b) The lot or parcel is at least two acres in size;

�� (c) One single-unit dwelling is sited on the lot or parcel;

�� (d) The existing single-unit dwelling property on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to

ORS 90.427

90.427 (3) or (4) during the first year of a tenancy may not charge rent for the next tenancy in an amount greater than the maximum amount the landlord could have charged the terminated tenancy under this section.

�� (5) A landlord is not subject to subsection (2)(d) or (4) of this section if:

�� (a) The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or

�� (b) The dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent:

�� (A) Does not increase the tenant�s portion of the rent; or

�� (B) Is required by program eligibility requirements or by a change in the tenant�s income.

�� (6) A landlord that increases rent in violation of subsection (2)(d) or (4) of this section is liable to the tenant in an amount equal to three months� rent plus actual damages suffered by the tenant.

�� (7) This section does not apply to tenancies governed by ORS 90.505 to 90.850. [2016 c.53 �2; 2019 c.1 �2; 2021 c.252 �1; 2023 c.226 �4]

�� Note: 90.323 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.324 Calculation of maximum rent increase; publication. (1) No later than September 30th of each year, the Oregon Department of Administrative Services shall calculate the maximum annual rent increase percentage allowed for the following calendar year:

�� (a) For tenancies subject to ORS 90.600 (1) in facilities with more than 30 spaces, as six percent.

�� (b) For tenancies subject to ORS 90.600 (1) in facilities with 30 or fewer spaces or for tenancies subject to ORS 90.323, as the lesser of:

�� (A) Ten percent; or

�� (B) Seven percent plus CPI.

�� (2) No later than September 30th of each year, the Oregon Department of Administrative Services shall publish the maximum annual rent increase percentages allowed under this section, along with the provisions of ORS 90.323 and 90.600, in a press release.

�� (3) The department shall maintain publicly available information on its website about the maximum annual rent increase percentages for the previous calendar year and for the current calendar year and, on or after September 30th of each year, for the following calendar year.

�� (4) As used in this section, �CPI� means the September annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the Bureau of Labor Statistics of the United States Department of Labor. [2019 c.1 �5; 2023 c.226 �3; 2025 c.387 �1]

�� Note: 90.324 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

TENANT OBLIGATIONS

�� 90.325 Tenant duties. (1) The tenant shall:

�� (a) Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner considering the purposes for which they were designed and intended.

�� (b) Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem.

�� (c) Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386, the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.

�� (d) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.

�� (e) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises.

�� (f) Test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.

�� (g) Behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.

�� (2) A tenant may not:

�� (a) Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 105.842 or 479.300.

�� (b) Deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.

�� (c) Remove, obstruct or tamper with a sprinkler head used for fire suppression.

�� (3) A tenant is not responsible for damage that results from:

�� (a) Acts of God; or

�� (b) Conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking.

�� (4) For damage that results from conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking, a landlord may require a tenant to provide verification that the tenant or a member of the tenant�s household is a victim of domestic violence, sexual assault, bias crime or stalking as provided by ORS 90.453. [Formerly 91.775; 1993 c.369 �7; 1995 c.559 �16; 1999 c.307 �21; 1999 c.603 �20; 2009 c.591 �13; 2015 c.388 �7; 2023 c.549 �1a]

�� 90.330 [Formerly 91.780; 1991 c.852 �1; 1995 c.559 �17; renumbered 90.262 in 1995]

�� 90.335 [Formerly 91.785; 1995 c.559 �18; renumbered 90.322 in 1995]

�� 90.340 Occupancy of premises as dwelling unit only; notice of tenant absence. Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant give actual notice to the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence. [Formerly 91.790; 1995 c.559 �19]

TENANT RIGHTS AND REMEDIES

�� 90.355 Portable cooling device allowed; exceptions; landlord termination based on violation. (1) As used in this section:

�� (a) �Extreme heat event� means a day on which the Housing and Community Services Department determines that a heat event has occurred based on a predicted or indicated excessive heat warning or heat advisory by the National Weather Service of the National Oceanic and Atmospheric Administration.

�� (b) �Forecast zone� means a region for which the National Weather Service of the National Oceanic and Atmospheric Administration issues forecasts and some watches and warnings based on differences in weather.

�� (c) �Portable cooling device� includes air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.

�� (2) A landlord may not prohibit or restrict a tenant from installing or using a portable cooling device of the tenant�s choosing, unless:

�� (a) The installation or use of the device would:

�� (A) Violate building codes or state or federal law;

�� (B) Violate the device manufacturer�s written safety guidelines for the device;

�� (C) Damage the premises or render the premises uninhabitable; or

�� (D) Require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit or circuit;

�� (b) If the device would be installed in a window:

�� (A) The window is a necessary egress from the dwelling unit;

�� (B) The device would interfere with the tenant�s ability to lock a window that is accessible from outside;

�� (C) The device requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages;

�� (D) The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or

�� (E) The restrictions require that the device be installed in a manner that prevents risk of falling; or

�� (c) The restrictions require that the device be:

�� (A) Installed or removed by the landlord or landlord�s agent;

�� (B) Subject to inspection or servicing by the landlord or landlord�s agent; or

�� (C) Removed from October 1 through April 30.

�� (3) A landlord may not enforce a restriction on portable cooling devices against a tenant allowed under subsection (2) of this section unless the restrictions are in writing and delivered to the tenant. The written restrictions must include whether the landlord intends to operate, whenever there is an extreme heat event for the forecast zone of the premises, one or more community cooling spaces available to the tenant that are located on or near the premises and that maintain a temperature of not higher than 80 degrees Fahrenheit.

�� (4) A landlord is immune from liability for any claim for damages, injury or death caused by a portable cooling device installed by the tenant.

�� (5) A landlord who must limit portable cooling devices for a building under subsection (2)(a)(D) of this section shall prioritize allowing the use of devices for individuals who require a device to accommodate a disability. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply�s inability to accommodate use of a portable cooling device.

�� (6) If a landlord issues a termination notice under ORS 90.392 or 90.630 based on a violation of a restriction regulating a portable cooling device allowed under subsection (2) of this section:

�� (a) On each day that there is an extreme heat event for the forecast zone of the premises, the notice period described in ORS 90.392 (3), (4), (5) or (6) or 90.630 (1), (3) or (6) does not run.

�� (b) The termination notice must state:

�� (A) The deadline of a cure period designated in the notice, if any;

�� (B) That the date of termination specified in the notice will be extended by one day for each day that there is an extreme heat event for the forecast zone of the premises; and

�� (C) That information regarding days with an extreme heat event for the forecast zone can be found on the website for the Housing and Community Services Department. [2022 c.86 �2; 2023 c.442 �71]

�� Note: 90.355 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.358 Dwelling use as family child care home allowed; conditions. (1) Except as provided in subsection (4) of this section, a landlord may not prohibit the tenant�s use of a dwelling as a family child care home if:

�� (a) The family child care home is certified under ORS 329A.280 or registered under ORS

ORS 90.510

90.510 (5)(i) or failure of the prospective purchaser�s references to respond to the landlord�s timely request for verification within the time allowed for acceptance or rejection under paragraph (a) of this subsection. Except as provided in paragraph (d) of this subsection, the landlord shall furnish to the seller and purchaser a written statement of the reasons for the rejection.

�� (d) If a rejection under paragraph (c) of this subsection is based upon a consumer report, as defined in 15 U.S.C. 1681a for purposes of the federal Fair Credit Reporting Act, the landlord may not disclose the contents of the report to anyone other than the purchaser. The landlord shall disclose to the seller in writing that the rejection is based upon information contained within a consumer report and that the landlord may not disclose the information within the report.

�� (11) The following apply if a landlord does not require a prospective purchaser to submit an application for occupancy as a tenant under subsection (8) of this section or if the landlord does not accept or reject the prospective purchaser as a tenant within the time required under subsection (10) of this section:

�� (a) The landlord waives any right to bring an action against the tenant under the rental agreement for breach of the landlord�s right to establish conditions upon and approve a prospective purchaser of the tenant�s dwelling or home;

�� (b) The prospective purchaser, upon completion of the sale, may occupy the dwelling or home as a tenant under the same conditions and terms as the tenant who sold the dwelling or home; and

�� (c) If the prospective purchaser becomes a new tenant, the landlord may impose conditions or terms on the tenancy that are inconsistent with the terms and conditions of the seller�s rental agreement only if the new tenant agrees in writing.

�� (12) A landlord may not, because of the age, size, style or original construction material of the dwelling or home or because the dwelling or home was built prior to adoption of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403), in compliance with the standards of that Act in effect at that time or in compliance with the state building code as defined in ORS 455.010:

�� (a) Reject an application for tenancy from a prospective purchaser of an existing dwelling or home on a rented space within a facility; or

�� (b) Require a prospective purchaser of an existing dwelling or home on a rented space within a facility to remove the dwelling or home from the rented space.

�� (13) A tenant who has received a notice pursuant to ORS 90.632 may sell the tenant�s dwelling or home in compliance with this section during the notice period. The tenant shall provide a prospective purchaser with a copy of any outstanding notice given to the tenant under ORS 90.632 prior to a sale. If the tenancy has been terminated pursuant to ORS 90.632, or the notice period provided in ORS 90.632 has expired without a correction of cause or extension of time to correct, a prospective purchaser does not have a right to leave the dwelling or home on the rented space and become a tenant.

�� (14) The following applies to a landlord that accepts a prospective purchaser as a tenant under subsection (10) of this section:

�� (a) Notwithstanding any waiver given by the landlord to the previous tenant, the landlord may require the new tenant to complete the repairs and maintenance described in the notices provided under subsection (9)(a)(B) to (D) of this section.

�� (b) Notwithstanding ORS 90.412, if the new tenant fails to complete the repairs or maintenance described in the notices provided under subsection (9)(a)(B) to (D) of this section within six months after the tenancy begins, the landlord may terminate the tenancy by giving the new tenant the notice required under ORS

ORS 92.044

92.044 or 92.046, respectively, prior to the approval of the tentative plan for the partition, but no person may sell any parcel in a partition for which approval of a tentative plan is required by any ordinance or regulation adopted under ORS 92.044 or 92.046, respectively, prior to such approval. [1955 c.756 �24; 1973 c.696 �5; 1974 c.74 �1; 1977 c.809 �5; 1991 c.763 �5; 2003 c.14 �34]

�� 92.017 Lawfully created units of land; judgments relocating property lines. (1) A lawfully created lot or parcel remains a discrete lot or parcel unless the lot or parcel lines are vacated or the lot or parcel is further divided as provided by law.

�� (2) A lawfully created unit of land remains a lawfully established unit of land following a judgment of a circuit court that relocates a property line of the unit of land if the judgment:

�� (a) Resolves a boundary line dispute between two adverse parties, including claims brought under ORS 105.005, 105.605, 105.620 or 105.705;

�� (b) Adjudicates the parties� respective rights to title and possession of the property to the relocated property line;

�� (c) Includes a legal description of the relocated property line;

�� (d) Is a final judgment for which the time to appeal has expired without any party filing an appeal and that is not subject to further appeal or review;

�� (e) Is recorded in the office of the county clerk; and

�� (f) Does not create an additional lot or parcel.

�� (3) Subsection (2) of this section applies without regard to whether:

�� (a) The relocated property line could have been lawfully established without the existence of the judgment through a property line adjustment, the subdividing or partitioning of property or under other procedures authorized by a city or county.

�� (b) Either party to the judgment subsequently has the property line relocation validated by a process under ORS 92.010 to 92.192 that would cause a property line adjustment or an adjustment to a plat of a subdivision or partition.

�� (c) Any unit of land would comply with minimum lot or parcel sizes, including under ORS 92.192.

�� (4) Applications for permits, including those defined under ORS 215.402 or 227.160 or ORS chapter 455, must be decided based upon the property lines as relocated under subsection (2) of this section and may not be denied based solely upon the judgment. [1985 c.717 �3; 1993 c.702 �2; 2021 c.219 �1]

�� 92.018 Remedy for purchase of unlawfully established unit of land; exceptions. (1) If a person buys a unit of land that is not a lawfully established unit of land, the person may bring an individual action against the seller in an appropriate court to recover damages or to obtain equitable relief. The court shall award reasonable attorney fees to the prevailing party in an action under this section.

�� (2) If the seller of a unit of land that was not lawfully established is a county that acquired the unit of land by means of foreclosure under ORS chapter 312 of delinquent tax liens, the person who purchases the unit of land is not entitled to damages or equitable relief.

�� (3) A purchaser is not entitled to damages or equitable relief against a seller under this section if:

�� (a) The purchaser of the unit of land is a holder, as defined in ORS 271.715;

�� (b) The unlawfully established unit of land was separately described in an instrument that was executed on or before January 1, 2025; and

�� (c) The deed from the seller reflects an intention that the purchaser use or convey the property for conservation purposes, such as:

�� (A) Retaining or protecting the land�s natural, scenic or open space values;

�� (B) Ensuring the land�s availability for agricultural, forest, recreational or open space use;

�� (C) Preserving the land�s historical, architectural, archaeological or cultural aspects; or

�� (D) Protecting natural resources or maintaining or enhancing air or water quality.

�� (4) A person acquiring an interest from a purchaser described in subsection (3) of this section or from someone subsequent in title to the purchaser is not entitled to damages or equitable relief under this section against:

�� (a) The original seller under subsection (3) of this section; or

�� (b) Any purchaser or subsequent purchaser under subsection (3) of this section, except for the seller under this subsection, if:

�� (A) The acquisition of the property is not for conservation purposes described in subsection (3)(c) of this section; and

�� (B) The first acquisition subject to subsection (3) of this section was less than five years prior to the acquisition under this subsection. [1983 c.718 �4; 1995 c.618 �53; 1997 c.805 �2; 2007 c.866 �5; 2025 c.51 �1]

�� 92.020 [Repealed by 1955 c.756 �5 (92.025 enacted in lieu of 92.020 and 92.030)]

�� 92.025 Prohibition of sale of lot or parcel prior to recordation of plat; waiver. (1) A person may not sell a lot in a subdivision or a parcel in a partition until the plat of the subdivision or partition has been acknowledged and recorded with the recording officer of the county in which the lot or parcel is situated.

�� (2) A person may not sell a lot in a subdivision or a parcel in a partition by reference to or exhibition or other use of a plat of the subdivision or partition before the plat for the subdivision or partition has been so recorded. In negotiating to sell a lot in a subdivision or a parcel in a partition under ORS 92.016 (1) and (2), a person may use the approved tentative plan for the subdivision or partition.

�� (3) Notwithstanding subsections (1) and (2) of this section, the governing body of a city or county may enact an ordinance waiving the requirement that parcels created in excess of 80 acres be shown on a partition plat. Nothing in this subsection shall exempt a local government from minimum area requirements established in acknowledged comprehensive plans and land use regulations. [1955 c.756 �6 (enacted in lieu of 92.020 and 92.030); 1973 c.696 �6; 1977 c.809 �6; 1989 c.772 �4; 1991 c.763 �6; 2005 c.399 �3]

�� 92.027 Deed reference to creation of unit of land. A person who conveys or contracts to convey fee title to a lot or parcel, or another unit of land resulting from a lien foreclosure or foreclosure of a recorded contract for the sale of real property, created or established on or after January 1, 2008, must include in the deed or other instrument conveying or contracting to convey fee title:

�� (1) A reference to the recorded subdivision plat or partition plat for the lot or parcel;

�� (2) A reference to or exhibit of the final land use decision that approved the subdivision or partition if a subdivision plat or partition plat is not required by law; or

�� (3) A reference to or exhibit of a final judgment or other document that evidences a lien foreclosure or a foreclosure of a recorded contract for the sale of the real property. [2007 c.866 �3]

�� Note: 92.027 was added to and made a part of 92.010 to 92.192 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 92.030 [Repealed by 1955 c.756 �5 (92.025 enacted in lieu of 92.020 and 92.030)]

�� 92.031 Middle housing land division; conditions of approval. (1) As used in this section, �middle housing land division� means a partition or subdivision of a lot or parcel on which the development of middle housing is allowed under ORS 197A.420 (2) or (3) or 197A.421.

�� (2) A city or county shall approve a tentative plan for a middle housing land division if the application includes:

�� (a) Separate utilities, other than water or wastewater, for each dwelling unit;

�� (b) A proposal for development of middle housing that is in compliance or must comply with the Oregon residential specialty code and land use regulations under ORS 197A.420 (5) that are applicable to the original lot or parcel and which may consist of:

�� (A) A single duplex, triplex, quadplex, cottage cluster or structure containing townhouses;

�� (B) Additional units as allowed by ORS 197A.421 (3); and

�� (C) Retained or rehabilitated existing units allowed under ORS 197A.420 (4), if any;

�� (c) Proposed easements necessary for each dwelling unit on the plan for:

�� (A) Locating, accessing, replacing and servicing all utilities;

�� (B) Pedestrian access from each dwelling unit to a private or public road;

�� (C) Any common use areas or shared building elements;

�� (D) Any dedicated driveways or parking; and

�� (E) Any dedicated common area;

�� (d) Exactly one dwelling unit on each resulting lot or parcel, except for:

�� (A) Lots, parcels or tracts used as common areas; or

�� (B) Lots or parcels with a detached single-unit dwelling and accessory dwelling unit or a duplex as allowed under ORS 197A.420 (4); and

�� (e) Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon residential specialty code.

�� (3) A city or county may add conditions to the approval of a tentative plan for a middle housing land division to:

�� (a) Subject to subsection (6) of this section, prohibit the further division of the resulting lots or parcels.

�� (b) Require that a notation appear on the final plat indicating that the approval was given under this section.

�� (4) In reviewing an application for a middle housing land division, a city or county:

�� (a) Shall apply the procedures applicable to an expedited land division under ORS 197A.140, if requested by the applicant and without regard to the criteria in ORS 197A.142 (1).

�� (b) May require street frontage improvements where a resulting lot or parcel abuts the street consistent with land use regulations implementing ORS 197A.420.

�� (c) May not subject an application to approval criteria except as provided in this section, including that a lot or parcel require driveways, vehicle access, parking or minimum or maximum street frontage.

�� (d) May not subject the application to procedures, ordinances or regulations adopted under ORS 92.044 or 92.046 that are inconsistent with this section or, only if requested by the applicant, ORS 197A.140.

�� (e) Shall allow the submission of an application for a tentative plan for a middle housing land division before, after or at the same time as the submission of an application for building permits for the middle housing.

�� (f) May require the dedication of right of way if the original parcel did not previously provide a dedication.

�� (g) May require separate water and wastewater utilities for each dwelling unit.

�� (h) Shall allow any existing units allowed under ORS 197A.420 (4) to be considered a single middle housing unit and allow for the unit to be allocated its own lot or parcel by the division.

�� (5) The type of middle housing developed on the original parcel is not altered by a middle housing land division.

�� (6) Notwithstanding ORS 197A.425 (1) and subsection (4)(d) and (e) of this section, a city or county may prohibit or add approval criteria to the allowance of a new accessory dwelling unit on, or a subsequent middle housing land division of, a lot or parcel resulting from a middle housing land division:

�� (a) To the extent allowed under this section and ORS 197A.420; and

�� (b) Provided that the middle housing land division lots or parcels may be used to create housing that is at or above the minimum density for the zoning of the land.

�� (7) Notwithstanding any other provision of ORS 92.010 to 92.192, within the same calendar year as an original partition that was not a middle housing land division, a city or county may allow one or more of the resulting vacant parcels to be further partitioned into not more than three parcels through a middle housing land division.

�� (8) The tentative approval of a middle housing land division is void if and only if a final subdivision or partition plat is not approved within three years of the tentative approval. Nothing in this section prohibits a city or county from requiring a final plat before issuing building permits. [2021 c.103 �2; 2024 c.102 �10; 2025 c.476 �14]

�� Note: 92.031 was added to and made a part of 92.010 to 92.192 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 92.040 Application for approval of subdivision or partition; tentative plan; applicability of local government laws. (1) Before a plat of any subdivision or partition subject to review under ORS 92.044 may be made and recorded, the person proposing the subdivision or partition or authorized agent or representative of the person shall make an application in writing to the county or city having jurisdiction under ORS 92.042 for approval of the proposed subdivision or partition in accordance with procedures established by the applicable ordinance or regulation adopted under ORS 92.044. Each such application shall be accompanied by a tentative plan showing the general design of the proposed subdivision or partition. No plat for any proposed subdivision or partition may be considered for approval by a city or county until the tentative plan for the proposed subdivision or partition has been approved by the city or county. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision or partition for recording. However, approval by a city or county of such tentative plan shall be binding upon the city or county for the purposes of the preparation of the subdivision or partition plat, and the city or county may require only such changes in the subdivision or partition plat as are necessary for compliance with the terms of its approval of the tentative plan for the proposed subdivision or partition.

�� (2) After September 9, 1995, when a local government makes a decision on a land use application for a subdivision inside an urban growth boundary, only those local government laws implemented under an acknowledged comprehensive plan that are in effect at the time of application shall govern subsequent construction on the property unless the applicant elects otherwise.

�� (3) A local government may establish a time period during which decisions on land use applications under subsection (2) of this section apply. However, in no event shall the time period exceed 10 years, whether or not a time period is established by the local government. [Amended by 1955 c.756 �7; 1973 c.696 �7; 1983 c.826 �8; 1989 c.772 �5; 1995 c.812 �9; 2005 c.22 �71]

�� 92.042 Governing body having jurisdiction to approve plans, maps or plats. (1) Land within six miles outside of the corporate limits of a city is under the jurisdiction of the city for the purpose of giving approval of plans, maps and plats of subdivisions and partitions under ORS 92.040 and 227.110. However, unless otherwise provided in an urban growth area management agreement jointly adopted by a city and county to establish procedures for regulating land use outside the city limits and within an urban growth boundary acknowledged under ORS 197.251, when the governing body of a county has adopted ordinances or regulations for subdivision and partition control as required by ORS 92.044, land in the county within the six-mile limit shall be under the jurisdiction of the county for those purposes.

�� (2) Land over six miles from the corporate limits of a city is under the jurisdiction of the county for the purpose of giving approval of plans, maps and plats for subdivisions and partitions under ORS 92.040. [1955 c.756 �4; 1973 c.261 �1; 1973 c.696 �8; 1983 c.570 �3; 1991 c.763 �7]

�� 92.044 Adoption of standards and procedures governing approval of plats and plans; delegation; fees. (1)(a) The governing body of a county or a city shall, by regulation or ordinance, adopt standards and procedures, in addition to those otherwise provided by law, governing, in the area over which the county or the city has jurisdiction under ORS 92.042, the submission and approval of tentative plans and plats of subdivisions and tentative plans and plats of partitions.

�� (b) The standards must include, taking into consideration the location and surrounding area of the proposed subdivisions or partitions, requirements for:

�� (A) Placement of utilities subject to subsection (7) of this section, for the width and location of streets or for minimum lot sizes and other requirements the governing body considers necessary for lessening congestion in the streets;

�� (B) Securing safety from fire, flood, slides, pollution or other dangers;

�� (C) Providing adequate light and air, including protection and assurance of access to incident solar radiation for potential future use;

�� (D) Preventing overcrowding of land;

�� (E) Facilitating adequate provision of transportation, water supply, sewerage, drainage, education, recreation or other needs; and

�� (F) Protection and assurance of access to wind for potential electrical generation or mechanical application.

�� (c) The procedures must provide for:

�� (A) The form and contents of tentative plans of partitions and subdivisions submitted for approval.

�� (B) The coordination in the review of the tentative plan of any subdivision or partition with all affected city, county, state and federal agencies and all affected special districts.

�� (C) A method by which the city or county may approve a plan or plat that includes further division of one or more of the resulting lots or parcels via concurrently submitted applications for middle housing land divisions under ORS 92.031, all to be approved within the timelines provided under ORS 215.427 or 227.178.

�� (2)(a) The governing body of a city or county may provide for the delegation of any of its lawful functions with respect to subdivisions and partitions to the planning commission of the city or county or to an official of the city or county appointed by the governing body for such purpose.

�� (b) If an ordinance or regulation adopted under this section includes the delegation to a planning commission or appointed official of the power to take final action approving or disapproving a tentative plan for a subdivision or partition, such ordinance or regulation may also provide for appeal to the governing body from such approval or disapproval.

�� (c) The governing body may establish, by ordinance or regulation, a fee to be charged for an appeal under ORS chapter 197, 197A, 215 or 227, except for an appeal under ORS

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)