Oregon Home Inspector Licensing Law

Oregon Code · 24 sections

The following is the full text of Oregon’s home inspector licensing 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 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 279C.600

279C.600 to 279C.625 and 701.420, as applicable.

�� (e) An owner and any lender shall, within 30 days after receiving a surety bond under this subsection, release to the contractor an amount the owner and lender hold as retainage that is equivalent to the amount the contractor submitted as a surety bond.

�� (f) The contractor must, within 30 days after receiving a surety bond from a subcontractor or supplier, reduce the amount the contractor holds as retainage in an amount equivalent to the amount the subcontractor or supplier submitted as a surety bond and shall pay the amount of the reduction to the subcontractor or supplier in accordance with ORS 701.420 and 701.430.

�� (2) If a contractor or a subcontractor performing work on a large commercial structure or under a public improvement contract does not deposit a surety bond in lieu of retainage, the contractor may elect to have the project owner or contracting agency deposit accumulated retainage in an interest-bearing account with a bank or other financial institution or pay interest on the accumulated retainage at the rate of two percent plus the discount rate on 90-day commercial paper that is in effect at the Federal Reserve Bank in the Federal Reserve district that includes this state on the date that the retainage is paid. Subject to subsection (3) of this section, if the contractor elects to have accumulated retainage pay interest, the contractor, within 30 days following payment of the final amount due for construction of the project or public improvement, shall pay to each subcontractor that performed work on the construction the subcontractor�s proportional share of the interest earnings that accrued to the contractor as a result of the election. A subcontractor�s share of the total amount of interest earnings under this subsection must be determined by the proportion that the amount of retainage withheld from the subcontractor bears to the amount of retainage withheld from the contractor and the length of time the retainage was withheld from the subcontractor. A share of the interest earnings shall be paid to a subcontractor under this subsection only when:

�� (a) Retainage is withheld from the subcontractor for more than 60 days after the day on which the first partial payment was due the subcontractor under the terms of the subcontract; and

�� (b) The amount of interest earnings due the subcontractor exceeds $100.

�� (3) If a contractor incurs additional costs as a result of the exercise of an option described in subsection (1) or (2) of this section, the contractor may recover the additional costs from the subcontractor by reducing the final payment. As work on the subcontract progresses, the contractor shall, upon demand, inform the subcontractor of all accrued additional costs.

�� (4) A surety bond under this section and ORS 279C.560 must be in substantially the following form:

RETAINAGE SURETY BOND

�� KNOW ALL BY THESE PRESENTS: That __, a _ authorized to do business in the State of Oregon, as Principal, and _, a corporation organized and existing under the laws of the State of __ and authorized to transact the business of surety in the State of Oregon, as Surety, are jointly and severally held and bound to _ (�Obligee�) and _ (�Owner�), and their lenders, heirs, executors, administrators, successors and assigns in the penal sum of $__, plus ____ % (not more than five percent) of any increases in the contract amount that may occur because of change orders or increases in the quantities of or that addition of any new item of work.

�� WHEREAS the Principal has executed a contract for ______ with the Obligee; and

�� WHEREAS Oregon law allows the Obligee to withhold from the Principal a sum equivalent to ______ % (not more than five percent) from moneys the Principal earns on estimates or progress payments during the progress of the work (�Earned Retained Funds�); and

�� WHEREAS the Principal has requested that the Obligee or Owner accept a surety bond in lieu of Earned Retained Funds as allowed under ORS 279C.560 or 701.435;

�� NOW, THEREFORE, this obligation is such that the Surety and the Surety�s successors and assigns are held and bound to Obligee, Owner and any lender, and to all beneficiaries for the sum set forth in the first paragraph of this retainage surety bond. This surety bond and any proceeds from this surety bond are subject to all claims and liens by the Obligee against the Principal in the same manner and priority as specified for retainage under ORS 279C.550 to 279C.570, 279C.600 to 279C.625 and 701.420, as applicable. The condition of this obligation is such that if the Principal satisfies all payment obligations to any Obligee that may lawfully claim against project sums due to the Principal and indemnify and hold the Obligee harmless from any and all loss, costs and damages that the Obligee may sustain by release of the retainage to the Principal or Surety, this obligation is null and void if the Obligee notifies the Surety that the Obligee released the obligation. The obligation otherwise remains in full force and effect.

�� IT IS HEREBY DECLARED AND AGREED that the Surety is liable under this obligation in the same manner and to the same extent as is Principal. The Surety will not be discharged or released from liability for any act, omission or defense of any kind or nature that would not also discharge the Principal.

�� IT IS HEREBY FURTHER DECLARED AND AGREED that this obligation is binding upon and inures to the benefit of the Principal, the Surety, the Obligee, the Owner, any lender and the beneficiaries of this obligation and their respective heirs, executors, administrators, successors and assigns.

�� SIGNED AND SEALED this __ day of _, 20

�� Principal ______�� Surety

�� Name ______�� Name

�� Title ______�� Title

�� Address ______�� Address

�� City/State/Zip _____�� City/State/Zip

�� Phone ______�� Phone

[1977 c.767 �2; 1983 c.690 �16; 2003 c.794 �320; 2009 c.568 �2; 2024 c.2 �4]

�� Note: See note under 701.410.

�� 701.440 Applicability to federal projects. ORS 279C.555, 701.410, 701.420 and 701.430 do not apply when the owner is the United States or any agency thereof or when the construction is paid for, in whole or in part, with federal moneys. [1975 c.772 �6; 2003 c.794 �321]

�� Note: See note under 701.410.

SPECIAL TRADES

(Home Inspectors)

�� 701.445 Home inspectors; certification; rules; fees; exemption. (1) An individual may not undertake, offer to undertake or submit a bid to do work as a home inspector unless the individual is certified as a home inspector under this section by the Construction Contractors Board and is an owner of, or employed by, a business that is licensed by the board.

�� (2) A business may not undertake, offer to undertake or submit a bid to do work as a home inspector unless the business is licensed by the board under this chapter and has an owner or an employee who is certified as a home inspector under this section. The board may adopt rules for determining whether an inspection and report that is limited to one or more specific systems or components of a residential structure or appurtenance is a sufficient assessment of the overall physical condition of the structure or appurtenance to constitute the services of a home inspector.

�� (3) The board shall adopt minimum standards of practice and professional conduct.

�� (4) The board shall require that an applicant for certification as a home inspector pass a test demonstrating the competency of the applicant to act as a home inspector. The board may adopt rules accepting the results of competency testing by a nationally recognized certification program for home inspectors. The board may adopt rules establishing additional requirements for the issuance or renewal of a home inspector certificate, including but not limited to training and continuing education requirements.

�� (5) The board shall adopt rules establishing procedures for the issuance, renewal and revocation of home inspector certification.

�� (6) The board may adopt rules establishing fees necessary for the administration of this section. The fees may not exceed the following:

�� (a) $50 for application.

�� (b) $50 for testing.

�� (c) $150 for issuance of an initial two-year certificate.

�� (d) $150 for renewal of a two-year certificate.

�� (7) This section does not apply to a person acting within the scope of a license, certificate or registration issued to the person by the Appraiser Certification and Licensure Board under ORS chapter 674. [Formerly 701.350]

�� Note: Section 3b, chapter 814, Oregon Laws 1997, provides:

�� Sec. 3b. The requirements of section 3 of this Act [701.445 (1) and (2)] shall not apply to a person registered each year as a general contractor under ORS chapter 701 during the period from January 1, 1991, through the effective date of this Act [August 11, 1997]. [1997 c.814 �3b]

�� 701.450 Home inspector undertaking of repair work on inspected structure. A business licensed as a contractor under this chapter and providing home inspector services by a home inspector certified under ORS 701.445 may not undertake, offer to undertake or offer to submit a bid to undertake work to repair a structure inspected by an owner or employee of the business within the 12 months following the inspection. [Formerly 701.355]

�� 701.455 Home inspector services contractor license; exemption from testing and continuing education. (1) A home inspector services contractor license authorizes the holder to operate a business providing the services of home inspectors as defined in ORS 701.005, but does not authorize the holder to engage in other contractor activities.

�� (2) Notwithstanding ORS 701.126, the Construction Contractors Board may not impose a continuing education requirement for a home inspector services contractor. This subsection does not exempt a responsible managing individual for the business from compliance with any continuing education requirements established by the board under ORS 701.445 for a certified home inspector.

�� (3) Notwithstanding ORS 701.122, the board may not require a home inspector services contractor or the responsible managing individual for the business to take a test measuring the knowledge of the contractor or responsible managing individual regarding business practices and laws affecting construction contractors. [Formerly 701.360]

�� Note: 701.126 was repealed by section 6, chapter 718, Oregon Laws 2013. The text of 701.455 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of

ORS 401.307

401.307 in 2009]

�� 401.330 [Amended by 1953 c.394 �10; repealed by 1983 c.586 �49]

�� 401.335 Temporary housing for disaster victims; political subdivision�s authority. Any political subdivision of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into arrangements necessary to prepare or equip such sites to utilize the housing units. [Formerly 401.620]

�� 401.337 [1991 c.956 �2; 1993 c.187 �10; 1995 c.511 �1; 1997 c.520 ��1,1a; 2007 c.740 �26; renumbered 401.915 in 2009]

�� 401.340 [Amended by 1953 c.394 �10; repealed by 1983 c.586 �49]

(Local Programs for Private Building Inspections)

�� 401.341 Building inspections by private qualified professionals; rules. (1) Local governments may enact local programs under which owners of buildings may, prior to an emergency, enter into agreements with private qualified professionals to conduct building inspections following an emergency to determine whether buildings may be safely occupied.

�� (2) A local program enacted under this section must:

�� (a) Require that owners of buildings receive approval from the local government before entering into an agreement with a qualified professional under the program; and

�� (b) Require that qualified professionals receive approval from the local government before entering into an agreement with a building owner under the program.

�� (3) If a local government enacts a local program under this section, the local government shall provide the State Fire Marshal with all laws and regulations governing the program, as well as any other information requested by the State Fire Marshal.

�� (4) The State Fire Marshal may, by rule, impose additional restrictions on local programs enacted under this section as necessary or advisable to promote safe and efficient response and recovery after an emergency.

�� (5) As used in this section:

�� (a) �Emergency� has the meaning given that term in ORS 401.025.

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

�� (c) �Qualified professional� means an individual who is:

�� (A) Registered and has a valid certificate to practice engineering issued under ORS 672.002 to

ORS 446.003

446.003 to 446.200 or 446.225 to 446.285, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation.

�� (4) The department may impose a civil penalty of not more than $25,000 against a public body responsible for administering and enforcing a building inspection program. As used in this subsection, �public body� has the meaning given that term in ORS 174.109.

�� (5) The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The department, by rule, shall define what constitutes a pattern of violations. Except as provided in subsections (1) and (10) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall be used by the department for enforcement and administration of provisions and rules described in subsection (2) of this section.

�� (6) Civil penalties under this section shall be imposed as provided in ORS 183.745.

�� (7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the department or the appropriate advisory board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty.

�� (8) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation by the partnership, association or corporation of a provision or rule described in subsection (2) of this section is subject to the penalties prescribed in this section.

�� (9) In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violates a provision or rule described in subsection (2) of this section may be required by the department or the appropriate advisory board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the department or advisory board that does not exceed five times the amount by which such person profited in any transaction that violates a provision or rule described in subsection (2) of this section.

�� (10) If a civil penalty is imposed for a violation of a provision of ORS 446.566 to 446.646 and the violation relates to a filing or failure to file with a county assessor functioning as agent of the department, the department, after deducting an amount equal to the department�s procedural, collection and other related costs and expenses, shall forward one-half of the remaining civil penalty amount to the county in which the manufactured structure is located at the time of the violation. [1991 c.792 �4; 1991 c.734 �111; 1999 c.1045 �19; 2001 c.411 �21; 2003 c.14 �286; 2003 c.655 �76; 2007 c.549 �6; 2007 c.898 �1; 2013 c.324 �11; 2019 c.422 �22]

�� 455.897 Criminal penalties. Violation of ORS 455.455 or 455.459 is a Class A misdemeanor. [1999 c.1045 �9]

�� 455.990 [Formerly 456.885 (2); repealed by 1995 c.553 �16; 1995 c.675 �6]

ORS 446.176

446.176, 446.405 (2), 446.430 (2) and 455.170 (2) shall be deposited in the Consumer and Business Services Fund established under ORS 705.145 and is continuously appropriated to the department for use as provided in ORS 446.423.

�� (4) Except as provided in subsection (5) of this section, the director shall administer training and other education programs under this chapter through contracts with local educational institutions, professional associations or other training providers.

�� (5) The director may:

�� (a) Arrange for the department to offer training and other education programs for building officials and building inspectors; or

�� (b) Arrange for local educational institutions, professional associations or other training providers to offer training and other education programs for building officials and building inspectors. A contract between the director and a training provider under this paragraph is subject to ORS 279B.235, but is otherwise exempt from ORS chapters 279A and 279B and ORS 279C.100 to 279C.125 and

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 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 455.044

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 455.148

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 455.208

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 455.395

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 455.800

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 456.800

456.800; 1991 c.308 �1; 1991 c.410 �1; 1993 c.463 �1; 1993 c.744 �89; 1995 c.553 �1; 1999 c.1045 �15; 2001 c.573 �3; 2007 c.487 �2; 2009 c.696 �25; 2013 c.528 �12; 2019 c.422 �19; 2021 c.599 �9]

�� 455.152 Objections to municipal assumption of building inspection program. (1) A municipality, 10 or more persons or an association with 10 or more members may file objections to a municipality�s assumption of a building inspection program. The objections must be filed within 30 days after the Director of the Department of Consumer and Business Services gives notice of the application.

�� (2) The director, by rule, shall establish a process for reviewing objections filed under subsection (1) of this section. The review process shall include but need not be limited to:

�� (a) Identification of economic impairment, if any, affecting the municipality;

�� (b) Demonstration by the municipality that all building inspection program permits and services will be available, including any service agreements for carrying out building program services;

�� (c) Review of all elements of the assumption plan submitted by the municipality;

�� (d) Demonstration by the municipality of the ability to provide building inspection program services for at least two years; and

�� (e) Review of proposed levels of service, including the municipality�s ability to maintain or improve upon existing service levels.

�� (3) Upon completion of a review under subsection (2) of this section, the director shall issue a final agency order approving or disapproving the application. [2001 c.573 �2]

�� Note: 455.152 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.

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

�� (a) The specialty code under ORS chapter 447 or 455 or ORS 479.510 to 479.945 and 479.995.

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

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

�� (d) Manufactured dwelling installation, support and tiedown requirements adopted under ORS

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 456.950

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 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 479.855

479.855, the director may issue or cause to be issued a certificate as a specialized building inspector to an individual who successfully completes an approved training program and satisfies qualification verification under this section.

�� (3) An individual certified as a specialized building inspector under this section may conduct inspections and enforce portions of specialty codes under ORS 479.510 to

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 674.995

674.995�� Civil penalties for violation of ORS 674.200 to 674.250

GENERAL PROVISIONS

�� 674.010 Definitions. For purposes of this chapter:

�� (1) �Appraisal Foundation� means the Appraisal Foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois.

�� (2) �Appraisal Subcommittee� means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council established pursuant to the federal Act.

�� (3) �Board� means the Appraiser Certification and Licensure Board established under ORS 674.305.

�� (4) �Federal Act� means Title XI of the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. 3310 et seq.).

�� (5) �Federal financial institution regulatory agency� means:

�� (a) The Board of Governors of the Federal Reserve System;

�� (b) The Federal Deposit Insurance Corporation;

�� (c) The Office of the Comptroller of the Currency;

�� (d) The Office of Thrift Supervision; or

�� (e) The National Credit Union Administration.

�� (6) �Federally related transaction� means any real estate-related financial transaction that:

�� (a) A federal financial institution regulatory agency or the Resolution Trust Corporation engages in, contracts for or regulates; and

�� (b) Requires the services of an appraiser.

�� (7) �Financial institution� means an insured depository institution as defined in section 3 of the Federal Deposit Insurance Act or an insured credit union as defined in section 101 of the Federal Credit Union Act.

�� (8) �Mortgage banker� has the meaning given that term in ORS 86A.100.

�� (9) �Professional real estate activity� has the meaning given that term in ORS 696.010.

�� (10) �Real estate appraisal activity� means the activity described in ORS 674.100.

�� (11) �Real estate-related financial transaction� means any transaction involving:

�� (a) The sale, lease, purchase, investment in or exchange of real property, including interests in real property, or the financing thereof;

�� (b) The refinancing of real property or interests in real property; and

�� (c) The use of real property or interests in real property as security for a loan or investment, including mortgage-backed securities.

�� (12) �State certified appraiser� means an individual who has been certified as a state certified appraiser under ORS 674.310.

�� (13) �State licensed appraiser� means an individual who has been licensed as a state licensed appraiser under ORS 674.310.

�� (14) �State registered appraiser assistant� means an individual who has been registered as a state registered appraiser assistant under ORS 674.310. [1991 c.5 �2; 1993 c.465 �2; 1993 c.508 �41; 1993 c.744 �217; 2005 c.254 �1]

�� 674.020 Purposes. The purposes of this chapter are to:

�� (1) Require that all real estate appraisals be performed in accordance with uniform standards by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision.

�� (2) Conform the law of this state to the requirements of federal law.

�� (3) Ensure the availability of state certified appraisers, state licensed appraisers and state registered appraiser assistants for the performance of real estate appraisal activity, including the performance of appraisals in federally related transactions, and to ensure effective supervision of the activities of state certified appraisers, state licensed appraisers and state registered appraiser assistants. [1991 c.5 �1; 1997 c.417 �1; 2005 c.254 �2]

CERTIFICATION, LICENSURE AND REGISTRATION

�� 674.100 Persons engaged in real estate appraisal activity required to be certified, licensed or registered; exclusions; violations. (1)(a) A person may not engage in, carry on, advertise or purport to engage in or carry on real estate appraisal activity within this state without first obtaining certification, licensure or registration as provided for in ORS 674.310.

�� (b) Real estate appraisal activity is the preparation, completion and issuance of an opinion as to the value on a given date or at a given time of real property or an interest in real property, whether the activity is performed in connection with a federally related transaction or is not performed in connection with a federally related transaction. Notwithstanding any other provision of law, a state certified appraiser or a state licensed appraiser:

�� (A) Is not required to be licensed under ORS 696.022 to perform real estate appraisal activity or any other activity that constitutes the giving of an opinion as to the value of real property or an interest in real property; and

�� (B) Is not subject to regulation under ORS 696.010 to 696.495 and 696.600 to 696.995 in connection with the performance of real estate appraisal activity or the performance of any other activity that constitutes the giving of an opinion as to the value of real estate or an interest in real estate.

�� (2) Real estate appraisal activity excludes activity that is not performed in connection with a federally related transaction and that:

�� (a) Is performed by a nonlicensed regular full-time employee of a single owner of real estate, if the activity involves the real estate of the employer and is incidental to the employee�s normal, nonreal estate activities;

�� (b) Is performed by a nonlicensed regular full-time employee whose activity involves the real estate of the employer, when the activity is the employee�s principal activity, but the employer�s principal activity or business is not the appraisal of real estate;

�� (c) Is performed by an attorney at law rendering services in the performance of duties as an attorney at law;

�� (d) Is performed by a registered geologist, registered professional engineer or architect rendering services as a registered geologist, registered professional engineer or architect;

�� (e) Is performed by a certified public accountant rendering services as a certified public accountant;

�� (f) Is performed by a mortgage banker rendering services as a mortgage banker;

�� (g) Constitutes a letter opinion or a competitive market analysis as those terms are defined in ORS 696.010 that, by administrative or judicial order or subpoena, is compelled from an individual licensed to engage in professional real estate activity under ORS 696.022;

�� (h) Is performed by a salaried employee of the federal government, the State of Oregon or a political subdivision of the federal government or the State of Oregon while engaged in the performance of the duties of the employee;

�� (i) Is limited to analyzing or advising of permissible land use alternatives, environmental impact, building and use permit procedures or demographic market studies, if the performance of the activities does not involve the rendering of an opinion as to the value of the real estate in question;

�� (j) Is performed by a professional forester appraising or valuing timber, timberland or both as part of services performed as a private consultant in forest management, but only if, in the case of timberland, the appraisal or valuation is limited to the use of the land as forestland;

�� (k) Is limited to giving an opinion in an administrative or judicial proceeding regarding the value of real estate for taxation;

�� (L) Is limited to giving an opinion regarding the value of real estate by a person who is not licensed under ORS chapter 696, if the person�s business is not the appraisal, selling or listing of real estate and the activity is performed without compensation. This paragraph does not apply to a person conducting transactional negotiations on behalf of another person for transfer of an interest in real property;

�� (m) Is limited to transferring or acquiring an interest in real estate by a person who is not licensed under ORS chapter 696; or

�� (n) Is performed by a home inspector acting within the scope of a certificate or license issued under ORS chapter 701.

�� (3)(a) Real estate appraisal activity does not include an analysis, evaluation, opinion, conclusion, notation or compilation of data prepared by or for a financial institution or affiliate, a consumer finance company licensed under ORS chapter 725 or an insurance company or affiliate, made for internal use only by the financial institution or affiliate, consumer finance company or the insurance company or affiliate, concerning an interest in real estate for ownership or collateral purposes by the financial institution or affiliate, the consumer finance company licensed under ORS chapter 725 or the insurance company or affiliate. Nothing in this subsection shall be construed to excuse a financial institution or affiliate from complying with the provisions of Title XI of the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. 3310 et seq.).

�� (b) As used in this subsection, �evaluation� means a study of the nature, quality or utility of a parcel of real estate or interests in, or aspects of, real property in which a value estimate is not necessarily required.

�� (4)(a) A state licensed appraiser or state certified appraiser engaged to perform an evaluation is not engaged in real estate appraisal activity if the evaluation includes a disclaimer that:

�� (A) Is located immediately above the appraiser�s signature; and

�� (B) Includes the following language in at least 10-point boldfaced type:

�� I am a state licensed appraiser or a state certified appraiser. This evaluation was not prepared in my capacity as a real estate appraiser and might not comply with the uniform standards of professional appraisal practice.

�� (b) As used in this subsection, �evaluation� means an opinion of the market value of real property or real estate provided to a financial institution in conformance with the Interagency Appraisal and Evaluation Guidelines adopted jointly by the federal financial institutions regulatory agencies for use in real estate-related financial transactions that do not require an appraisal.

�� (5) As used in this section, �purport to engage in or carry on real estate appraisal activity� means the display of a card, sign, advertisement or other printed, engraved or written instrument bearing the person�s name in conjunction with the term �appraiser,� �licensed appraiser,� �certified appraiser,� �appraiser assistant,� �registered appraiser assistant� or �appraisal� or an oral statement or representation of certification, licensure or registration by the Appraiser Certification and Licensure Board made by a person.

�� (6) Each display or statement described in subsection (5) of this section by a person not licensed, certified or registered by the board is a separate violation under ORS 674.850 or 674.990.

�� (7) In a proceeding under ORS 674.850 or 674.990, a display or statement described in subsection (5) of this section shall be considered prima facie evidence that the person named in the display or making the statement purports to engage in or carry on real estate appraisal activity. [1991 c.5 �3; 1993 c.465 �1; 1993 c.744 �218; 1997 c.417 �2; 2001 c.196 �1; 2001 c.300 �62; 2005 c.254 �3; 2007 c.319 �33; 2019 c.127 �1]

�� 674.103 Consideration of energy efficient improvements. When preparing, completing or issuing an opinion about the value of real property or an interest in real property as described in ORS 674.100 (1)(b), a state licensed appraiser or state certified appraiser shall consider improvements made to the structure of any building located on the real property that make the building more energy efficient. [2013 c.383 �14]

�� 674.105 Authority of Appraiser Certification and Licensure Board to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Appraiser Certification and Licensure Board may require the fingerprints of a person who is applying for, or holds, a license, certificate or registration, or is applying for renewal of a license, certificate or registration, that is issued by the board, or of a person who:

�� (1)(a) Is employed or applying for employment by the board;

�� (b) Provides services or seeks to provide services to the board as a contractor, vendor or volunteer; and

�� (2) Is, or will be, working or providing services in a position:

�� (a) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

�� (b) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

�� (c) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state; or

�� (d) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information. [2005 c.730 �59]

�� Note: 674.105 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 674 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 674.120 Nonresident certificate or license recognized; criteria. The Appraiser Certification and Licensure Board shall recognize temporarily the certificate or license of an appraiser issued by another state if:

�� (1) The appraiser�s business is of a temporary nature; and

�� (2) The appraiser registers with the board. [1991 c.5 �8; 1993 c.465 �6]

�� 674.130 Appraisal standards for federally related transactions. Notwithstanding any other provision of law, any real estate appraisal that is performed in connection with a federally related transaction shall be in writing and shall be performed and completed in accordance with the appraisal standards established by the federal financial institution regulatory agency having jurisdiction over the federally related transaction for which the appraisal is performed. In the event of any conflict between the provisions of any other law and the appraisal standards established by the federal financial institution regulatory agency having jurisdiction, the standards established by the federal financial institution regulatory agency shall prevail. [1991 c.5 �9]

�� 674.140 Grounds for discipline. The Appraiser Certification and Licensure Board may suspend or revoke the certificate, license or registration of a state certified appraiser, a state licensed appraiser or a state registered appraiser assistant, reprimand a state certified appraiser, a state licensed appraiser or a state registered appraiser assistant, require additional education of a state certified appraiser, a state licensed appraiser or a state registered appraiser assistant or deny the issuance or renewal of a certificate, license or registration to an applicant if the state certified appraiser, state licensed appraiser or state registered appraiser assistant or applicant has done any of the following:

�� (1) Knowingly or negligently pursued a continued course of material misrepresentation in matters related to real estate appraisal activity, whether or not damage or injury resulted, or knowingly or negligently made a material misrepresentation or false material promise in a matter related to real estate appraisal activity, if the material misrepresentation or material false promise created a reasonable probability of damage or injury, whether or not damage or injury actually resulted.

�� (2) Disregarded or violated a provision of ORS 674.130 or 674.150 or the federal Act or a rule adopted under ORS 674.310.

�� (3) Knowingly or negligently made, printed, distributed or in any manner published materially misleading or untruthful advertising, descriptions or promises, of such character as reasonably to induce a person to act to the damage or injury of the person, whether or not actual damage or injury resulted.

�� (4) Guaranteed, authorized or permitted a person to guarantee future profits that may result in the resale of real property.

�� (5) Failed for any reason to pay to the board the annual registry fee provided for under ORS

ORS 701.145

701.145. If the parties do not resolve or settle the dispute pursuant to board mediation under ORS 701.145, unless otherwise provided by law regarding a dispute described under ORS 652.140 or 653.010 to 653.261, the complainant must comply with any contractual provision for mediation or arbitration of the dispute as a condition for obtaining the judgment required under ORS 701.145 (5). [Subsection (1) enacted as 1989 c.430 �5; subsection (2) enacted as 1989 c.928 �21; 1991 c.67 �187; 1991 c.181 �12; 2001 c.197 �17; 2001 c.414 �11; 2003 c.598 �52; 2007 c.793 �21; 2011 c.630 ��51,71; 2016 c.99 �13]

CONSTRUCTION CONTRACTORS BOARD

�� 701.205 Construction Contractors Board; members; terms; confirmation; vacancies; qualifications. (1) The Construction Contractors Board is established, consisting of nine members appointed by the Governor subject to confirmation by the Senate in the manner provided by law. Three of the members shall be residential contractors who primarily work on residential or small commercial structures, including one contractor engaged in the business of remodeling, two shall be public members and one shall be an elected representative of a governing body of local government. Two of the members shall be commercial general contractors who primarily work on large commercial structures, and one shall be a commercial specialty contractor who primarily works on large commercial structures or a residential limited contractor. One member who is a contractor may be certified as a home inspector.

�� (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment immediately effective for the unexpired term.

�� (3) In order to be eligible for board membership, the six contractor members of the board shall be licensed under this chapter and shall maintain their licenses in good order during their term of office. [Subsections (1) and (2) enacted as 1971 c.740 �3; subsection (3) enacted as 1971 c.740 �5; 1975 c.721 �8; 1977 c.537 �1; 1981 c.618 �13; 1987 c.414 �40; 1989 c.928 �22; 1991 c.181 �14; 1993 c.470 �4; 1997 c.814 �4; 1999 c.402 �33; 2001 c.197 �18; 2007 c.836 �34]

�� 701.215 Officers; quorum; compensation and expenses; advisory committees. (1) The Construction Contractors Board shall select from among its members a chairperson, a vice chairperson and such other officers for such terms and with such duties and powers necessary for the performance of their duties as the board determines.

�� (2) A majority of the members of the board constitutes a quorum for the transaction of business.

�� (3) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.

�� (4) The board may create advisory committees as the board considers necessary. The chairperson of the board, or a board member designated by the chairperson, shall be a member of any advisory committee created by the board. [1971 c.740 �6; 1989 c.928 �23; 2001 c.160 �6]

�� 701.225 Investigatory powers of board; use of city or county inspectors; notice of noncompliance; conduct of hearings; authority of board to order work stopped. (1) The Construction Contractors Board may investigate the activities of any person engaged in the building and construction industry to determine compliance with this chapter.

�� (2) With the approval of the city or county, the board may conduct investigations with city or county inspectors, provided that the city or county is reimbursed by the board for the costs of such investigations.

�� (3) Any inspector authorized by the board to determine compliance with the provisions of this chapter is authorized to require any person who is engaged in any activity regulated by this chapter to demonstrate proof of compliance with the licensing requirements of this chapter. If a person who is contracting directly with the owner of a structure does not demonstrate proof of compliance with the licensing requirements of this chapter, the inspector shall give notice of noncompliance to the person. The notice of noncompliance shall be in writing, shall specifically state that the person is not in compliance with the licensing requirements of this chapter and shall provide that unless the person demonstrates proof of compliance within 10 days of the date of the notice, the inspector may by order stop all work then being done by the person. The notice of noncompliance shall be served upon the person and shall be served upon or delivered to the owner of each structure upon which the person is then performing work under contract, or mailed to all persons who are mortgagees or trust deed beneficiaries of record with respect to the real property upon which each such structure is situated. If more than one person is the owner of any such structure, a copy of the notice need be given to only one of such persons. If after receipt of the notice of noncompliance the person fails within the 10-day period specified in the notice to demonstrate proof of compliance with the licensing requirements of this chapter, the inspector is authorized to order the work stopped by notice in writing served on any persons engaged in the activity. Any person so notified shall stop such work until proof of compliance is demonstrated. However, the inspector may not order the work stopped until at least 10 days after the copies of the notice of noncompliance have been served upon or delivered to the owners or mailed to the mortgagees and trust deed beneficiaries specified in this subsection.

�� (4) The board has the power to administer oaths, issue notices and subpoenas in the name of the board, compel the attendance of witnesses and the production of evidence, hold hearings and perform such other acts as are reasonably necessary to carry out its duties under this chapter.

�� (5) If any person fails to comply with a subpoena issued under subsection (4) of this section or refuses to testify on matters on which the person may be lawfully interrogated, the board shall compel obedience in the manner provided in ORS 183.440.

�� (6) Notwithstanding the provisions of subsection (3) of this section:

�� (a) The board may order the work stopped immediately if the contractor is working on a structure and the contractor was not licensed by the board when the work began; or

�� (b) The board may order the work stopped after 10 days� notice to the persons listed in subsection (3) of this section if the contractor is working on a structure and was licensed by the board when the job began but has let the license lapse. [1971 c.740 �18; 1975 c.721 �9; 1987 c.414 �40d; 1989 c.744 �3; 1989 c.928 �26; 1991 c.561 �1; 1999 c.402 �34]

�� 701.227 Disqualification from eligibility for certain public contracts; list of disqualified contractors. (1) The Construction Contractors Board shall begin an action to determine whether a contractor or a subcontractor shall be considered not qualified to hold or participate in a public contract for a public improvement upon receipt of information from a public contracting agency or from any person who supplied labor or materials in connection with a public contract for a public improvement indicating that the contractor or subcontractor has not made payment to persons who supplied labor or materials within 60 days after the date when the payment was received by the contractor or subcontractor and that the payment was not a subject of a good faith dispute as defined in 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 94.342

94.342; 2019 c.69 �23]

�� 100.650 Service of process on nonresident developer; consent for service on commissioner; contents of consent; records of service on commissioner. (1) Every nonresident developer, at the time of filing the information required by ORS 100.635, shall also file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the nonresident developer in this state arising out of a violation of any provision of this chapter, personal service of summons or process upon the nonresident developer cannot be made in this state after the exercise of due diligence, a valid service may thereupon be made upon the nonresident developer by service on the commissioner.

�� (2) The consent shall be in writing executed and verified by an officer of a corporation or association, a general partner of a partnership or by an individual developer and shall set forth:

�� (a) The name of the developer.

�� (b) The address to which documents served upon the commissioner are to be forwarded.

�� (c) If the developer is a corporation or unincorporated association, that the consent signed by such officer was authorized by resolution duly adopted by the board of directors.

�� (3) The address for forwarding documents served under this section may be changed by filing a new consent in the form prescribed in subsection (2) of this section.

�� (4) Service on the commissioner of any such process shall be made by delivery to the commissioner or a clerk on duty in any office of the commissioner, duplicate copies of such process, with duplicate copies of any papers required by law to be delivered in connection with such service.

�� (5) When the commissioner is served with any such process, the commissioner shall immediately cause one of the copies thereof, with any accompanying papers, to be forwarded by registered mail or by certified mail with return receipt to the developer at the address set forth in the consent.

�� (6) The commissioner shall keep a record of all processes, notices and demands served upon the commissioner under this section, and shall record therein the time of such service and the action with reference thereto. [Formerly 94.348; 1991 c.249 �12]

�� 100.655 Disclosure statement; contents; disclosure statement from other state; declarant liability limited. (1) The disclosure statement submitted to the Real Estate Commissioner as part of a filing under ORS 100.635 must contain the following information:

�� (a) The name and address of the condominium, and the name, address and telephone number of the developer.

�� (b) A general narrative description of the condominium stating the total number of units, a description of the types of units, the total number of units that may be included in the condominium pursuant to ORS 100.105 (2), and a precise statement of the nature of the interest which is being offered.

�� (c) A reference to the recording index numbers and date of recording of the declaration, bylaws and plat with the county recording officer or a statement that the proposed condominium is not yet submitted to the condominium form of ownership.

�� (d) If at the time of filing:

�� (A) The construction of the project is not completed, general disclosure of the status of construction and the actual or scheduled dates of completion of buildings, recreational facilities and other common elements, including a statement describing any recreational facilities or improvements to the common elements that the developer reserves the right to develop or promises to develop, or a statement that there are no such facilities or improvements; or

�� (B) The construction of the project is completed, the actual dates of completion of buildings, recreational facilities and other common elements if known by the developer.

�� (e) The nature and significant terms of any financing offered by the developer to purchasers of the condominium units.

�� (f) Copies of any warranties for structural elements and mechanical and other systems or a brief description of such warranties.

�� (g)(A) A current or projected budget of the association of unit owners for the operation and maintenance and any other common expenses of the condominium, including an amount for a subsidy of the association by the declarant, if any, by a contribution of funds, goods or services;

�� (B) A brief statement of the method of determining liability for common expenses and the right to common profits; and

�� (C) The following notice in at least 12-point type and in all capitals or boldface:

NOTICE TO PROSPECTIVE PURCHASERS

THE PROJECTION OF THE BUDGET OF THE ASSOCIATION OF UNIT OWNERS FOR THE OPERATION AND MAINTENANCE AND OTHER COMMON EXPENSES OF THE CONDOMINIUM IS ONLY AN ESTIMATE, PREPARED WITH DUE CARE.

�� (h) If a provision for reserves under ORS 100.175 is included in the budget disclosed under paragraph (g) of this subsection:

�� (A) A statement identifying the information constituting the basis for the reserve assessment under ORS 100.175;

�� (B) A statement that the information constituting the basis for the reserve assessment identified under ORS 100.175 is available for review upon written request to the declarant or the designated person, unless included in the disclosure statement; and

�� (C) If the reserve study is not submitted with the filing required by ORS 100.635, the following notice in at least 12-point type and in all capitals or boldface:

NOTICE TO PROSPECTIVE PURCHASERS

THE RESERVE STUDY IS NOT CURRENTLY AVAILABLE FOR REVIEW. THE REAL ESTATE COMMISSIONER MAY NOT APPROVE THE DECLARATION FOR RECORDING UNLESS THE RESERVE STUDY HAS BEEN SUBMITTED. WHEN COMPLETED, THE RESERVE STUDY WILL BE AVAILABLE FOR REVIEW AT THE OFFICE OF THE REAL ESTATE COMMISSIONER OR UPON WRITTEN REQUEST TO THE DECLARANT OR DESIGNATED PERSON. PROSPECTIVE PURCHASERS SHOULD CONTACT THE DECLARANT REGARDING THE ANTICIPATED AVAILABILITY OF THE RESERVE STUDY OR ANY OTHER INFORMATION ABOUT THE PROPOSED CONDOMINIUM.

�� (i) In the case of a conversion condominium, a statement of:

�� (A) The present condition of all structural components and major mechanical and utility installations in the condominium, including the approximate date of construction and a reasonable estimate of the remaining useful life of, at a minimum, the roof, siding, plumbing, electrical, HVAC system, asphalt, sidewalks and decks;

�� (B) In at least 12-point type and in all capitals or boldface, whether the assessment of conditions under subparagraph (A) of this paragraph was prepared by a registered engineer, registered architect or certified home inspector; and

�� (C) The statutory procedure required to create a conversion condominium.

�� (j) A cross-reference to the portions of the declaration, any supplemental declaration and bylaws containing the general power and authority of the board of directors, the method of apportionment of voting rights among the unit owners and a statement of the nature and extent of control of the board of directors retained by the developer by voting rights or otherwise.

�� (k) A list of the documents by which purchasers may be bound, including the declaration, bylaws, ground leases, management agreement, easements, covenants, restrictions and conditions.

�� (L) A statement of whether there are any restrictions on alienation of units or any use or occupancy restrictions, such as limitations on residential or commercial use, pets, age of occupants or number of occupants, and a cross-reference to those portions of the declaration, any supplemental declaration, bylaws or any other document containing the principal provisions relating to those restrictions.

�� (m) If the condominium is a staged condominium, whether the declarant reserves the right to annex additional property to the condominium pursuant to ORS 100.125 and, if so:

�� (A) The maximum number of units;

�� (B) The date after which annexation right terminates;

�� (C) The description of additional common elements declarant reserves right to annex to the property and whether such common elements might substantially increase the proportionate amount of common expenses by current unit owners; and

�� (D) The effect of annexation of additional units on allocation of interest in the common elements and voting rights.

�� (n) If the condominium or any stage being filed under ORS 100.635 contains or may contain any variable property, a statement of the rights reserved by the declarant under ORS 100.150 (1) and the results specified in ORS 100.155 if such rights are not exercised.

�� (o) Any additional information required by the commissioner.

�� (2) In lieu of the disclosure statement required under subsection (1) of this section, the commissioner may accept a disclosure report issued or approved by another state or governmental agency.

�� (3) The declarant is not liable to the association or the owners with respect to a statement of condition or estimate of useful life contained in the disclosure statement if:

�� (a) The declarant did not have actual knowledge of any inaccuracies in the statement at the time of delivery of the disclosure statement to the purchaser; and

�� (b) The declarant relied upon reports prepared by registered engineers or registered architects in making the statement or, if the condominium has four or fewer units, reports prepared by registered engineers, registered architects or certified home inspectors. [Formerly 94.351; 1997 c.816 �14; 1999 c.677 �55; 2001 c.756 �54; 2003 c.569 �40; 2007 c.409 �36; 2009 c.259 �22; 2019 c.69 �24]

�� 100.658 Limited residential condominium filing. (1) A declarant that proposes to submit real property to the condominium form of ownership under this chapter and does not intend to sell units in the condominium for which the developer must file a disclosure statement under ORS 100.635 may request approval of the declaration and bylaws or a supplemental declaration by:

�� (a) Submitting the fee required by ORS 100.670; and

�� (b) Filing a limited residential condominium filing described in subsection (2) of this section with the Real Estate Commissioner.

�� (2) A limited residential condominium filing must include:

�� (a) General information, provided on a form prescribed and furnished by the commissioner, including:

�� (A) The name and address of the condominium and the county in which the condominium is located.

�� (B) The name, address and telephone number of the declarant and any agent of the declarant.

�� (b) For approval of the declaration and bylaws or a supplemental declaration, in addition to the documents and information required under ORS 100.668 (2) or (3), an executed and acknowledged affidavit of compliance, in a form prescribed and furnished by the commissioner, that requires the declarant to:

�� (A) Agree to comply with ORS 100.660, 100.705, 100.725 and 100.740 before the declarant sells any unit in the condominium;

�� (B) Assert understanding that violations of ORS 100.660, 100.705, 100.725 or 100.740 are subject to civil penalties and sanctions under ORS 100.900 and 100.905 and criminal penalties under ORS 100.990; and

�� (C) Assert understanding that violations of ORS 100.705 are subject to ORS 646.605 to

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)