OAR Chapter 918 — Department of Consumer and Business Services, Building Codes Division

Division 1 PROCEDURAL RULES

Or. Admin. R. 918-001-0000 Notice of Proposed Rules

Before the adoption, amendment or repeal of any rule in OAR chapter 918, except temporary rules adopted under ORS 183.335, the Building Codes Division shall give notice of the intended action:

(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule;

(2) By mailing a copy of the notice to persons and organizations on the division’s mailing lists established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule;

(3) By mailing or furnishing a copy of the notice to:

(a) The Associated Press; and

(b) The Capitol Press Room.

History

Statutory/Other Authority: ORS 455.110
Statutes/Other Implemented: ORS 183.335
BCD 18-2004, f. 9-30-04, cert. ef. 10-1-04
BCD 26-1996, f. & cert. ef. 12-4-96
BCA 20-1989, f. & cert. ef. 8-1-89

Or. Admin. R. 918-001-0005 Definitions

As used in OAR chapter 918, unless the context requires otherwise:

(1) “Administrator” means the Administrator of the Building Codes Division.

(2) “Department” means the Department of Consumer and Business Services.

(3) “Division” means the Building Codes Division.

(4) “Model Rules” means the Attorney General’s Model Rules of Procedure as adopted in OAR 918-001-0010.

History

Statutory/Other Authority: ORS 455.110
Statutes/Other Implemented: ORS 192.440
BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98
BCA 20-1989, f. & cert. ef. 8-1-89

Or. Admin. R. 918-001-0010 Model Rules of Procedure

The Director adopts by reference the Attorney General's Model Rules for rulemaking, OAR 137-001-0005 through 137-001-0100, effective January 1, 2012.

[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Building Codes Division.]

History

Statutory/Other Authority: ORS 183.341
Statutes/Other Implemented: ORS 183.341
BCD 2-2013, f. 3-1-13, cert. ef. 4-1-13
BCD 7-2008, f. & cert. ef. 3-18-08
BCD 2-2006, f. & cert. ef. 2-13-06
BCD 18-2004, f. 9-30-04, cert. ef. 10-1-04
BCD 32-2002, f. 12-20-02 cert. ef. 1-1-03
BCD 21-2000, f. & cert. ef. 9-19-00
BCD 8-1998, f. & cert. ef. 6-2-98
BCD 5-1996, f. & cert. ef. 3-29-96
BCD 12-1994, f. & cert. ef. 4-29-94
BCA 32-1993, f. 12-14-93, cert. ef. 1-1-94
BCA 20-1989, f. & cert. ef. 8-1-89

Or. Admin. R. 918-001-0012 Hearing Exhibits and Witness Lists

At least 14 calendar days prior to a contested case hearing for which there are no prehearing conferences, the Division or appropriate advisory board and the parties shall exchange exhibits and a list of witnesses, and shall provide copies to the Office of Administrative Hearings. Failure to provide exhibits and a list of witnesses at least 14 calendar days prior to hearing may result in the exclusion of exhibits or witnesses at the hearing.

History

Statutory/Other Authority: ORS 183.341
Statutes/Other Implemented: ORS 183.341
BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17

Or. Admin. R. 918-001-0014 Written Exceptions

Written exceptions to proposed orders must be received by the Division or appropriate advisory board within 20 calendar days after the service date of the proposed order. Written exceptions shall be sent to: Building Codes Division, Enforcement and Licensing, PO Box 14470, Salem, Oregon 97309-0404.

History

Statutory/Other Authority: ORS 183.341
Statutes/Other Implemented: ORS 183.341
BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17

Or. Admin. R. 918-001-0016 Board Issuance of Final Orders

OAR 137-003-0655(7) shall not apply to contested cases brought under the authority of a advisory board. For such cases, the appropriate advisory board shall consider the proposed order at the next board meeting following the issuance of the proposed order. An amended proposed order or a final order shall be issued within 90 calendar days after the board meeting at which the board considers the proposed order, unless the appropriate advisory board gives written notice to the administrative law judge and all other parties of the date by which it expects to issue an amended proposed order or a final order.

History

Statutory/Other Authority: ORS 183.341
Statutes/Other Implemented: ORS 183.341
BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17

Or. Admin. R. 918-001-0025 Division Representation by Authorized Officer or Employee at Contested Case Hearings

(1) Subject to the approval of the Attorney General, an employee of the Building Codes Division authorized by the Administrator may appear on behalf of the division, pursuant to ORS 183.452, at the following types of contested case hearings:

(a) Civil penalty hearings;

(b) Hearings held on appeals made to the division under ORS 479.853 by persons aggrieved by a decision made upon inspection authority under ORS 455.148 to 455.150 or 479.510 to 479.945 of an electrical product or electrical installation;

(c) License and certification denial hearings under ORS 455.117 and the rules adopted thereunder, and ORS 455.125 and 455.129;

(d) License discipline hearings for cases involving conditioning of a license or certification, license disqualifications, or suspensions of up to one year under ORS 455.125, 455.127, or 455.129; and

(e) License disqualification hearings under ORS 455.127.

(2) The administrative law judge shall not allow a division representative appearing under section (1) or (2) of this rule to present legal argument as defined in this rule.

(a) “Legal Argument” includes arguments on:

(A) The jurisdiction of the division to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to a division;

(b) “Legal Argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:

(A) The application of the statutes or rules to the facts in the contested case;

(B) Comparison of prior actions of the division in handling similar situations;

(D) The admissibility of evidence; and

(E) The correctness of procedures being followed in the contested case hearing.

(3) If the administrative law judge determines that statements or objections made by the division representative appearing under section (1) or (2) involve legal argument as defined in this rule, the administrative law judge shall provide reasonable opportunity for the division representative to consult the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing.

History

Statutory/Other Authority: ORS 183.450
Statutes/Other Implemented: ORS 183.452
BCD 4-2026, amend filed 06/26/2026, effective 07/01/2026
BCD 15-2025, amend filed 12/29/2025, effective 01/01/2026
BCD 4-2014, f. & cert. ef. 3-24-14
BCD 26-1996, f. & cert. ef. 12-4-96
BCA 21-1989, f. 7-19-89, cert. ef. 8-1-89
BCA 12-1989(Temp), f. & cert. ef. 5-5-89

Or. Admin. R. 918-001-0030 Authorized Non-Attorney Representation

The following are adopted as rules of procedure for the Building Codes Division, except a board with independent rulemaking authority adopts other procedural rules for itself.

(1) A party or limited party participating in a contested case hearing in which a corporation appears may be represented by an authorized representative of the party or limited party.

(2) On or before the first appearance in a contested case hearing by an authorized representative, the authorized representative must provide the presiding officer a letter from the party or limited party that authorizes the representative to appear on behalf of the party or limited party.

(3) The presiding officer may limit an authorized representative's presentation of evidence, examination and cross-examination of witnesses or presentation of factual arguments to ensure the orderly and timely development of the hearing record. The presiding officer shall not allow an authorized representative to present any legal argument.

(4) As used in this rule:

(a) “Authorized representative” means:

(A) A member of a partnership that is a party;

(B) A limited party in the contested case;

(C) An authorized officer or regular employee of a corporation, association or organized group that is a party or limited party in the contested case; or

(D) An authorized officer or employee of a governmental authority other than a state agency, that is a party or limited party in the contested case.

(b) “Legal argument” includes any argument on:

(A) The jurisdiction of the department or board to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement; or

(c) Legal argument does not include presentation of evidence, examination and cross-examination of witnesses, presentation of factual arguments, or any argument on:

(A) The application of the facts to the statutes or rules that directly apply to the issues in the contested case;

(B) Comparison of prior actions of the Department;

(D) The admissibility of evidence or the correctness of procedures being followed.

(5) When an authorized representative represents a party or limited party in a hearing, the presiding officer shall advise the representative of the manner in which objections may be made and the manner in which matters may be preserved for appeal. The advice is of a procedural nature and does not change applicable law on waiver or applicable law on the duty to make timely objection. When an objection may involve a legal argument, the presiding officer shall provide a reasonable opportunity for the authorized representative to consult legal counsel and shall permit the legal counsel to file written legal argument within a reasonable time after conclusion of the hearing.

History

Statutory/Other Authority: 1999 OL & Ch. 599
Statutes/Other Implemented: ORS 183.457
BCD 4-2000, f. 3-9-99, cert. ef. 4-1-00
BCD 16-1999(Temp), f. 10-15-99, cert. ef. 10-23-99 thru 4-19-00

Or. Admin. R. 918-001-0031 Extension of Time Limits Created in Administrative Rules

(1) The Building Codes Division may extend specified time requirements stated in ORS Chapter 183 if the person seeking the extension shows good cause for failing to meet the time requirement stated by the applicable rule. A request for an extension of any time requirement must be submitted in writing within a reasonable time.

(2) Definitions. For the purposes of subsection (1) of this rule:

(a) "Good cause" exists when the person seeking the extension establishes by satisfactory evidence that the cause of the failure to meet the time requirement stated by the applicable rule was beyond his or her reasonable control.

(b) "Reasonable time" means that the person acted promptly in filing the request for extension after the cessation of the circumstances that prevented him or her from meeting the time requirement stated by the applicable rule.

History

Statutory/Other Authority: ORS 183.415
Statutes/Other Implemented: ORS 183.415
BCD 8-2004, f. 6-21-04, cert. ef. 7-1-04

Or. Admin. R. 918-001-0034 Disqualification from Obtaining License, Registration, Certificate, or Certification

(1) Disqualification under ORS 455.127(2) shall be for a period of five years except as provided in subsection (2) of this rule.

(2) The Director of the Department of Consumer and Business Services or an appropriate advisory board may, in its discretion, order a disqualification fewer than five years. In doing so the Director of the Department of Consumer and Business Services or appropriate advisory board may, but is not required to, consider any mitigating factors.

(3) Subject to ORS Chapter 183, a regulatory body listed in ORS 455.129(3) may deny a license, certificate, registration, or application, or may suspend, revoke, condition, or refuse to renew a license, certificate, or registration if the regulatory body finds that the licensee, certificate holder, registrant, or applicant:

(a) Was an owner or officer of another business at the time the other business was assessed a civil penalty under ORS 455.895;

(b) Was an owner or officer of another business at the time an act or failure to act by any owner or officer of the other business resulted in action being taken against the license, certificate, or registration of the other business by the department, the director, or any advisory board;

(c) Was an owner or officer of another business at the time the other business was subject to an order to cease and desist or other sanction by the director or an advisory board; or

(d) Was directly involved in an act described in (a), (b), or (c) of this rule.

History

Statutory/Other Authority: ORS 455.117 & 455.127
Statutes/Other Implemented: ORS 455.127
BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17
BCD 8-2015, f. & cert. ef. 10-1-15
BCD 5-2015(Temp), f. & cert. ef. 7-1-15 thru 12-27-15

Or. Admin. R. 918-001-0036 Guidelines for Civil Penalties

(1) Scope and Authority. This rule sets guidelines for assessing a civil penalty under ORS 446.995 & 455.895.

(2) Definitions. For the purposes of this rule:

(a) “Continuing offense” or “continuing violation” means violation of a code, rule or law on one or more additional days after having been notified of the violation or ordered to correct the act, or the failure to act. A continuing violation is subject to a civil penalty each day the violation continues after notification.

(b) A “directive” includes, but is not limited to, a notice or warning, citation, order, consent decree or settlement agreement, rule, law, code requirement, or agency interpretation.

(c) “Pattern of violation” means two or more prior violations during a five-year period of any provision of ORS Chapter 446, 447, 455, 460, 479, 480, or 693, or the state building code as defined in 455.010, whether or not a penalty was assessed. A pattern of violation is calculated within a five-year period from the date of the latest violation.

(3) A licensed person or contractor who performs an act resulting in an unsafe installation or a health and safety hazard, structural or financial damage, performs or allows another to perform work requiring a license without an appropriate license, violates a previous directive, or exhibits a pattern of violation may have their license, registration or certificate conditioned, suspended, or revoked.

(4) Civil penalties may be assessed by a board, the Director, or a board’s designee acting as agent for a board. A board or the Director may take into account any appropriate factors, including previous directives, in determining the penalty amount or conditions within an order. The statutorily defined maximum penalty may only be assessed upon a finding of a pattern of violation.

(5) Civil penalties may be assessed in addition to, or in lieu of, the conditioning, suspension, or revocation of a license, certificate of competency, or similar authority issued by the Director.

(6) The Director may, subject to approval of a board, develop a penalty matrix for the board’s use to promote equity and uniformity in proposing the amount and terms of civil penalties and conditions under which the penalties may be modified based on the circumstances in individual cases.

(7) If a dispute concerning the application of the state building code as defined in ORS 455.010 is appealed to a local appeals board, to a board under 455.690 or to the program chief under 455.475:

(a) A civil penalty that is being appealed may be stayed until after resolution of the appeal or interpretation. If corrections are necessary, a civil penalty may be stayed for 30 calendar days or the time frame established in the appeal or in the interpretation process.

(b) An administrative appeal will not stay civil penalties when they were assessed for failure to obtain a permit unless the appeal involves determining whether a permit was necessary.

(c) The person seeking the appeal or interpretation has the obligation to notify the Director of the appeal for the purpose of granting a stay of the civil penalty.

(8) Violations of ORS Chapters 446, 447, and 479 and 455.020(2) and 455.610, wherein defects are noted by an inspector in an element of assembly or construction, shall not be considered a violation for the purposes of this section if the violation is corrected and an inspection request made in 20 calendar days unless extended in writing by the building official.

(9) The Building Codes Division shall forward a copy of final orders to the Construction Contractors Board.

History

Statutory/Other Authority: ORS 446.995 & 455.895
Statutes/Other Implemented: ORS 446.995 & 455.895
BCD 12-2010, f. 9-15-10, cert. ef. 10-1-10
BCD 9-2010(Temp), f. & cert. ef. 7-1-10 thru 9-30-10
BCD 22-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05
BCD 35-2002, f. 12-31-02, cert. ef. 1-1-03

Or. Admin. R. 918-001-0040 Cheating on Examinations

(1) Scope. This rule applies to:

(a) Persons seeking Building Codes Division licensing or certification under the boiler and pressure vessel, plumbing, electrical, or manufactured structures laws and rules;

(b) Any tradesperson or inspector required to pass an examination to be licensed or certified by the division or its boards, except those applying under the provisions of ORS 455.735; and

(c) Persons who are required to be licensed pursuant to ORS 455.457 to perform specialty code inspections or plan reviews.

(2) In addition to any passing grade requirement, a person fails an examination provided, authorized or required by the division or one of its boards if the person cheats in connection with an examination. A person "cheats in connection with the examination" if the person applies for or takes an examination and directly or indirectly:

(a) Provides untrue information regarding qualifications to take the examination;

(b) Uses unauthorized notes, devices or information during an examination;

(d) Provides answers or assistance to another;

(e) Otherwise uses unauthorized methods to gain an advantage or give another person an advantage in the examination; or

(f) Without authority takes or copies examination questions or answers from the examination or storage site.

(3) Nothing in this rule prevents the division from seeking revocation of a license issued by mistake if there was cheating in connection with the examination and the license should have been denied.

(4) A person failing an examination as provided in this rule may ask for a contested case hearing under ORS Chapter 183.

(5) Notwithstanding any rules to the contrary allowing a person to retake an examination, a person who fails an examination as provided in this rule shall not be allowed to take any division or division-related examination for one year following the notice of failure of the examination or final order determining that the person failed the examination.

History

Statutory/Other Authority: ORS 446.395, 455.110, 479.630, 479.730, 480.565, 480.630, 670.100 & 693.310
Statutes/Other Implemented: ORS 446.395, 455.110, 479.630, 479.730, 480.565, 480.630, 670.100 & 693.310
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 13-2001, f. 9-28-01, cert. ef. 10-1-01
BCD 16-2000, f. 8-7-00, cert. ef. 10-1-00
BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98
BCD 26-1996, f. & cert. ef. 12-4-96
BCD 14-1994, f. & cert. ef. 5-24-94

Or. Admin. R. 918-001-0045 Land Use Goal Compliance and Comprehensive Plan Compatibility Procedures

(1) Activities Affecting Land Use: The division acting under ORS 197.180 identifies the following activities as having a potential to “affect land use” as defined in OAR 660-030-0005(2):

(a) The issuance of electrical permits under OAR 918, division 309 and structural permits under OAR 918, division 460 for new buildings, additions and changes of building use;

(b) The issuance of sewer and water service permits for new buildings, additions and changes of building use under OAR 918, division 780;

(d) The issuance of a permit for construction or addition to a manufactured dwelling park under OAR 918, division 600, recreational vehicle park or organizational camp under OAR 918, division 650; and

(e) The issuance of permits for plumbing utilities hook-up or electrical hook-up for manufactured dwellings except in a manufactured dwelling park constructed under a OAR 918, division 600 permit.

(2) State Agency Coordination Program. The Division has adopted a State Agency Coordination Program under which it requires verification that the construction activities involved in section (1) of this rule comply with statewide land use planning goals and are compatible with the comprehensive plans and regulations of the municipality having jurisdiction over the project. Sections (3) through (7) of this rule implement the plan.

(3) Condition Precedent For Permits: Before a permit is issued for any activity mentioned in section (1) of this rule, except for an electrical or a plumbing permit, the Division requires:

(a) Acknowledgment by the city or county planning agency on the Building Codes Division permit application that the project has final land use approval; or

(b) A copy of the local land use permit or a letter from the local planning agency that the project has land use approval or is otherwise permitted under the jurisdiction’s comprehensive plan and does not require specific land use approval.

(4) Plumbing Permits: A sewer and water service permit for construction involving a new building, an addition or change in the use of a building, will not be issued unless the project already has or is granted at the same time a related structural, park construction or manufactured dwelling permit.

(5) Electrical Permits: When an electrical permit, including a temporary electrical permit is used for construction involving a new building, an addition or change in the use of a building is involved:

(a) The applicant for a permit may provide the type of land use verification required in section (3) of this rule at the time the permit is obtained; or

(b) Verification must be provided to the electrical inspector prior to or not later than ten calendar days after the first inspection. The inspector will require the contractor, owner of the project or primary user of the project to provide verification, with either:

(A) A related structural, park construction or manufactured dwelling permit issued involving the same project;

(B) A written acknowledgment by the city or county planning agency that the project has final land use approval;

(C) A copy of the local land use permit or a letter from the local planning agency that the project has land use approval or is otherwise permitted under the jurisdiction’s comprehensive plan and does not require specific land use approval; or

(D) Verification of approval may be communicated from the local planning agency to the inspector by telephone or facsimile so long as a letter or other written verification as required above is received by the inspector within ten calendar days of the first inspection.

(6) Manufactured Dwelling Set-Up Permits. The requirements in section (3) of this rule can be met by a person seeking a manufactured dwelling set-up permit by:

(a) Telephonic confirmation by the city or county planning agency. When this procedure is used the name and telephone number of the person that can provide the confirmation must be provided by the person seeking the permit; or

(b) A facsimile transmission of relevant documents.

(7) Any permit, including an electrical permit, may be denied by the division if the division has knowledge that:

(a) Any other permit under the jurisdiction of the division was denied;

(b) The project has not received final land use approval; or

(8) Revocation of Permits: Any permit or inspection approval issued under this rule may be revoked by the division:

(a) If the issuance was based on false, erroneous or misleading information; or

(b) In the case of an electrical inspection, if the required verification is not provided within ten calendar days following the first inspection.

History

Statutory/Other Authority: ORS 183.325 - 183.410, 196.180 & 455.110
Statutes/Other Implemented: ORS 197.180
BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98
BCA 2-1991, f. 1-28-91, cert. ef. 1-31-91
BCA 10-1990, f. 5-8-90, cert. ef. 8-1-90

Or. Admin. R. 918-001-0120 Appointment of Chiefs

The division shall appoint individuals as specialty code chief inspectors knowledgeable to carry out the provisions of ORS 455.475.

History

Statutory/Other Authority: ORS 455.475
Statutes/Other Implemented: ORS 455.475
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 11-2000, f. 6-23-00, cert. ef. 7-1-00

Or. Admin. R. 918-001-0130 Alternative Appeal Procedure

This rule allows persons aggrieved by a decision of a local building official or designee to choose whether to appeal through the local appeals process, or through the division. If the appeal relates to an inspection pursuant to the Electrical Specialty Code, the appeal process set forth in OAR 918-008-0120 shall be followed.

(1) A person aggrieved by the decision of a local building official or designee may, in lieu of using the local appeals process, appeal to the appropriate specialty code chief. The aggrieved person may not change from one process to the other on the same issue. Such appeal shall:

(a) Be made within 30 days of the municipality decision; and

(b) Include the name of the person making the appeal, a written description of the appeal, the name of the authority having jurisdiction, the specific code or codes involved, and whether a "stop work" order has been issued; and

(2) Upon receipt of an appeal, the specialty code chief shall seek information from the local building official or designee and any other information necessary to make a decision.

(3) Upon final determination by the chief, the chief shall notify appropriate affected parties in writing.

(4) If the aggrieved person, or the person whose decision generated the appeal, chooses to further appeal the decision of the specialty code chief to the appropriate state advisory board, the person shall:

(a) Request further appeal within 15 days after written notification of the decision of the specialty code chief; and

(b) Provide additional information as needed by the division to process the appeal.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.475
Statutes/Other Implemented: ORS 455.475
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 11-2000, f. 6-23-00, cert. ef. 7-1-00

Or. Admin. R. 918-001-0210 Division Mailing Lists

This rule governs procedures for placement on the various mailing lists maintained by the division and boards. The procedures in this rule are created under ORS 183.335(8) and the general rulemaking authority of the director in 455.030 and 455.100.

(1) Creation of Interested Parties Mailing Lists for Board Activities. Mailing lists are created for interested people and organizations who want to receive notices and agendas of board meetings for the following:

(a) Electrical and Elevator Board;

(b) Building Codes Structures Board;

(d) State Plumbing Board;

(e) Board of Boiler Rules;

(f) Mechanical Board; and

(g) Construction Industry Energy Board.

(2) Creation of Interested Parties Mailing Lists for Rulemaking. Mailing lists are created for interested people and organizations wanting to receive notices of the division’s rulemaking activities. The mailing lists are divided into the following program areas:

(a) Electrical List. This list covers rulemaking activities of the Electrical and Elevator Board and Construction Industry Energy Board, where applicable, relating to electrical matters, including the Electrical Safety Law, the Oregon Electrical Specialty Code, and the electrical provisions of the Oregon Residential Specialty Code.

(A) Building officials and members of the boards are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(b) Elevator List. This list covers the rulemaking activities of the Electrical and Elevator Board relating to elevators and the Oregon Elevator Specialty Code.

(A) Building officials and members of the board are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(c) Commercial Structures List. This list covers rulemaking activities of the Building Codes Structures Board and the Construction Industry Energy Board, where applicable, relating to commercial structures and the Oregon Structural Specialty Code.

(A) Building officials and members of the boards are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(d) Mechanical List. This list covers the rulemaking activities of the Mechanical Board relating to mechanical matters and the Oregon Mechanical Specialty Code.

(A) Building officials and members of the board are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when rulemaking involves the adoption or amendment of the code.

(e) Residential Structures List. This list covers rulemaking activities of the Residential and Manufactured Structures Board and the Construction Industry Energy Board, where applicable, relating to residential structures and the Oregon Residential Specialty Code.

(A) Building officials and members of the boards are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when rulemaking involves the adoption or amendment of the code.

(C) Everyone entitled to notice on the electrical and plumbing lists are also served notice when Oregon Residential Specialty Code rules are involved.

(D) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(f) Manufactured Structures and Parks List. This list covers the rulemaking activities of the Residential and Manufactured Structures Board and the Construction Industry Energy Board, where applicable, relating to manufactured dwellings, manufactured dwelling parks, recreation parks, organizational camps, and picnic parks.

(A) Building officials and members of the boards are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(g) Plumbing List. This list covers rulemaking activities of the State Plumbing Board relating to plumbing activities, including the Oregon Plumbing Specialty Code and the plumbing provisions of the Oregon Residential Specialty Code.

(A) Building officials and members of the board are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(h) Boiler List. This list covers rulemaking activities of the Board of Boiler Rules relating to boiler and pressure vessel activities and the Oregon Boiler and Pressure Vessel Specialty Code.

(A) Building officials and members of the board are automatically on this list;

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(i) Amusement Ride and Device List. This list includes amusement device and ride owners and amusement parks.

(A) All municipalities with authority to administer the building code are served notice when rulemaking involves the adoption or amendment of the code.

(B) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(j) General Rulemaking List. This list covers the rulemaking activities of the division that are not specific to a code or program.

(A) Building officials are automatically on this list.

(B) All municipalities with authority to administer the building code are also on this list.

(k) Illegal Drug Manufacturing Site List. Interested parties referenced in OAR chapter 918, division 10 are automatically on this list.

(3) Mailing List Subscription. The division will add a person or organization to its interested parties mailing lists if the person or organization:

(a) Subscribes to the division’s online e-mail notification system through the division’s Web site at www.bcd.oregon.gov; or

(b) Requests in writing to receive notification materials by mail. The request must include the full name of the person or organization, a mailing address, and must indicate the board or rulemaking program mailing list the interested party would like to subscribe to.

(4) The division will send notices to those on the e-mail notification list described in (3)(a) of this rule and mail paper copies to those on the hard-copy notification list described in (3)(b) of this rule. These notification materials are also available on the division’s Web site.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.110
Statutes/Other Implemented: ORS 183.335
BCD 16-2019, amend filed 12/12/2019, effective 01/01/2020
BCD 9-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 18-2004, f. 9-30-04, cert. ef. 10-1-04
BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98
BCA 23-1992, f. 12-24-92, cert. ef. 1-1-93

Or. Admin. R. 918-001-0240 Refunds

(1) As required by ORS 293.445 moneys received in excess of the amount legally due and payable to the division, or in which the division determines it has no legal interest, shall be refunded. However, as authorized by 293.445, for sums of $25.00 or less the division will only refund the money upon request by the person who paid the money or the person’s legal representative. Refund requests must be made within three years of the date that the money was paid to the division.

(2) “Amounts legally due and payable” includes but is not limited to, fees for license, renewal license, permit or plan review applications, regardless of whether or not application review results in the issuance of a license or permit.

History

Statutory/Other Authority: ORS 293.445
Statutes/Other Implemented: ORS 293.445
BCD 12-2008, f. 6-30-08, cert. ef. 7-1-08
BCD 7-2001, f. 6-15-01, cert. ef. 7-1-01
BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98
BCA 23-1992, f. 12-24-92, cert. ef. 1-1-93

Or. Admin. R. 918-001-0300 Address Notification Requirements and Service of Process

(1) It is the responsibility of all persons licensed, certified, registered, or otherwise authorized by the Director or an advisory board to inform the Building Codes Division in writing of current contact information, including a non-Post Office Box mailing address, phone number, and e-mail address. The mailing address must be one to which the Building Codes Division can effectively serve pleadings and other documents by registered or certified mail. Contact information included on an application for a license, certification, registration, or other authorization satisfies this notification requirement.

(2) It is the responsibility of all persons licensed, certified, registered, or otherwise authorized by the Director or an advisory board to inform the Building Codes Division in writing of any change in name, address, phone number, or email address within 20 calendar days of any such change.

(3) Notice by registered or certified mail to the holder of any license, certificate, registration, or other authorization issued by the Director or an advisory board at the last address on file with the Building Codes Division, pursuant to this rule, shall constitute effective service.

(4) Nothing in this rule shall alter any other change of address notification requirements.

History

Statutory/Other Authority: ORS 455.117 & 455.720
Statutes/Other Implemented: ORS 455.117 & 455.720
BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17

Or. Admin. R. 918-001-0310 Cooperation with Investigations

(1) The holder of any license, certificate, registration, or other authorization issued by the Director or an advisory board shall cooperate with any investigation conducted pursuant to ORS Chapter 455.

(2) Failure to cooperate with an investigation pursuant to subsection (1) of this rule shall be grounds for:

(a) Denial, suspension, conditioning, or revocation of a registration, certification, license, or other authority of a person to perform work or conduct business issued under laws administered by the Department or an advisory board, as set forth in ORS 455.125 or 455.129; or

(b) Disqualification from obtaining a license, registration, certificate, or certification, as set forth in ORS 455.127.

(3) As used in this rule, to cooperate with an investigation may include, but not be limited to, answering questions, making sworn statements, or testifying in administrative hearings.

History

Statutory/Other Authority: ORS 455.117 & 455.720
Statutes/Other Implemented: ORS 455.117, 455.125, 455.127, 455.129 & 455.720
BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17

Or. Admin. R. 918-001-0400 Building Permit Process for Existing Buildings without a Valid Certificate of Occupancy

(1) The purpose of this rule is to clearly identify how to obtain a building permit from the state for existing occupied buildings that do not have valid permits. This rule also clarifies the relationship between the Building Codes Division and other state and local agencies with regards to the authority to regulate occupied buildings without appropriate certificates of occupancy.

(2) This rule applies to any existing building that is located in an area of the state where a Building Codes Division employee is the building official, and the building:

(a) Was constructed, renovated, repaired, or remodeled without a valid building permit;

(b) Is being used in violation of the issued certificate of occupancy; or

(3) A building permit will not be issued for the building until the permit applicant:

(a) Complies with all applicable local requirements, including but not limited to, zoning and planning, public works, Department of Environmental Quality, and local fire service approvals;

(b) Obtains written acknowledgment from all applicable state or local agencies that the building is currently being occupied and used without a certificate of occupancy allowing such occupancy and use; and

(c) Obtains written approval from all applicable state or local agencies that the building can continue to be occupied and used until a valid certificate of occupancy is obtained from the Building Codes Division.

(4) If a permit applicant cannot comply with the requirements in section (3) of this rule a permit applicant may obtain a building permit by providing a written statement that the building is unoccupied and will continue to be unoccupied until the completion of all work under the permit and the issuance of a certificate of occupancy by the division.

(5) A permit application must be completed in full, including any additional documentation or information as requested by the division, before a permit will be issued.

(6) The permit applicant is responsible for obtaining all necessary approvals prior to permit application and is solely responsible for any errors or omissions on a permit application. Incorrect or false statements are the liability of the permit applicant and are a basis for a stop work order to be issued by the division.

(7) All benefits and protections afforded by a valid building permit will not be effective until after all work has been completed under the permit as verified by the division, including any additional changes or modifications to the building as required by the local fire service.

(8) All relevant state and local agencies maintain their jurisdiction, except for the actions under the Building Codes Division’s authority, during the pendency of the Building Codes Division permit process described in this rule.

(9) Before issuing a permit under this rule the division may assess and require payment of an investigative fee under ORS 455.058 for the average or actual additional cost incurred by the division to ensure that the building is safe to be occupied, including any investigation costs required to determine the state and condition of the building before issuing a permit.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.030
BCD 14-2019, adopt filed 12/11/2019, effective 01/01/2020
BCD 8-2019, temporary adopt filed 08/13/2019, effective 08/13/2019 through 02/08/2020

Or. Admin. R. 918-001-0500 Purpose

Rules 918-001-0500 to 918-001-0530 establish a process that the division will use to develop permit-ready plans and make those plans available for public use. The intent of the permit-ready plans program is to create a more efficient pathway for approval of publicly accessible building plans by building departments. The division intends for the permit applications using permit-ready plans to be less expensive to process and to require less time to process by building departments.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.062
BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 918-001-0505 Definitions

(1) “Local code expert” means a certified building official, an A-level structural inspector, or an A-level structural plans examiner that is working as either a building official, inspector, or as a plans examiner for a building department.

(2) “Permit-ready plan” means a set of drawings and specifications that have been developed by the division that are available for use and have been determined to meet the requirements of the state building code.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.062
BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 918-001-0510 Development of Permit-Ready Plans

Permit-ready plans are developed by a division employee, or group of division employees, acting within their scope of employment. During the development process the division may consult with local municipalities, other agencies, as well as industry and other stakeholders to help develop plans to be applicable in as broad an area of the state and to as many customers as is technically and economically feasible.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.062
BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 918-001-0515 Consultation and Review Process for Permit-Ready Plans

(1) Prior to publishing permit-ready plans the division will make any proposed plans available for review by building departments in the state for not less than 30 days.

(2) The purpose of this review period is for local building departments to identify any areas where the proposed plans conflict with specific local requirements.

(3) After this review period ends, the division will publish the plans for general use.

(4) The division may designate areas of the state where the plans are not available for use based on the responses from building departments during the review period.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.062
BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 918-001-0520 Use of Permit-Ready Plans

(1) Permit-ready plans that have been published to the division’s website are available for use by the public.

(2) A permit-ready plan is exempt from local plan review for code compliance on all elements addressed by, and included as part of, the permit-ready plan.

(3) Plan review fees may still be assessed on applications using permit-ready plans for verification that the plan is a state approved plan, compliance with plan specific options selected, and compliance with specific local requirements not addressed by the plan in accordance with Section (4). Plan review fees should be assessed to compensate staff time and resources expended and cannot equal or exceed standard plan review fees.

(4) A permit-ready plan may be subject to additional local review of specific items, including but not limited to, the following:

(a) Required permit application submittal.

(b) Local site conditions such as soils, slopes, location on property, land-use setbacks, fire separation distances, flood hazard areas, and applicability of the geographic and climatic design criteria used in the permit-ready plan design.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.062
BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 918-001-0525 Expiration and Renewal of Permit-Ready Plans

(1) Permit-ready plans are approved for a specific edition of a code and may be used while that edition of the code is effective.

(2) When a new edition of a code is adopted the division will review existing permit-ready plans for compliance with the new code edition and use the local consultation and review process before making a permit-ready plan available for statewide use again.

(3) Permit-ready plans that were approved under an edition of a code that is no longer effective are required to comply with local building official approval and acceptance prior to use. This may include compliance with current adopted code standards, local plan submittal requirements, and local plan review approval processes.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.062
BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 918-001-0530 Modification of Permit-Ready Plans

(1) Permit-ready plans may not be modified, changed, or adjusted in any way without additional local review and local building official approval.

(2) Permit-ready plans may include options which are permissible to select under standard use of the plans, without additional local review or approval.

(3) The division will not field or respond to any inquiries regarding modifications, or changes to any permit-ready plan, as all permit-ready plans are considered by the division to be as-is designs.

(4) Any inquiries regarding modifications, or changes to any permit-ready plan must be directed to the local building department, and may be subject to compliance with current adopted code standards, local plan revision submittal requirements, and local plan review approval processes.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.062
BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 918-001-5000 Fire Hardening Grant Program Rules Purpose and Objectives

(1) OAR 918-001-5000 to OAR 918-001-5070, are established to administer Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006) and House Bill 5506, 2023,which authorize the division to establish and maintain the grant program.

(2) The grant program will incentivize fire hardening improvements for residential and commercial buildings that are repaired or rebuilt after being damaged or destroyed in a qualifying wildfire.

(3) These rules describe the fire hardening grant program and the application process, verifying eligibility for grant payment, and distributing grants to qualified applicants.

(4) OAR 918-001-5000 to OAR 918-001-5070 are retroactive to July 1, 2023

History

Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025
BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024
BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024
BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022
BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022

Or. Admin. R. 918-001-5010 Definitions

The following definitions apply to OAR 918-001-5000 to OAR 918-001-5070, unless the context requires otherwise:

(1) “Accessory structure” means a structure which is accessory to and incidental to that of the residential or commercial building, and that is located on the same lot.

(2) “Affected county” means a county where a home or business was damaged by a qualifying wildfire.

(3) “Applicant” means a person applying to the fire hardening grant program for grant funds.

(4) “Commercial building” means a building that is used in connection with a business that is governed by the Oregon Structural Specialty Code.

(5) “Ignition-resistant material” means a type of building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildland urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames.

(6) “Manufactured home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.

(7) “Noncombustible material” means any material that in the form in which it is used and under the conditions anticipated will not ignite, burn, support combustion or release flammable vapors when subjected to fire or heat in accordance with ASTM E136.

(8) “Program” means the Fire Hardening Grant Program.

(9) “Qualifying wildfire” means a wildfire that damaged a home or business and occurred between 2020 and December 31, 2025.

(10) “Residential building” means either a building governed by the Oregon Residential Specialty Code, or a manufactured home.

History

Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025
BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024
BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024
BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022
BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022

Or. Admin. R. 918-001-5020 County Administration

(1) The division shall partner and consult with affected counties to the extent practicable to administer the fire hardening grant program.

(2) Affected counties partnering with the division in administering the program will be required to:

(a) Perform certain functions listed here and detailed in an intergovernmental agreement entered into by the affected county and the division.

(b) Make information about the program, including application materials, available to county residents who are interested in participating in the program.

(d) Assist applicants in completing program application documents.

(e) Verify that submitted applications have been fully completed and that all necessary program certifications and supporting documents are included. The following would need to be included in a completed application:

(A) Completed Program Application Form;

(B) Program Eligibility Certification;

(D) Documentation of property or building ownership as stated in 918-001-5050(2).

(f) Verify that at least one qualifying fire hardening improvement has been completed on the applicant’s residential or commercial building.

(g) Determine the grant amount to be paid to the applicant pursuant to OAR 918-001-5060.

(h) Distribute grant funds to applicants that meet all of the eligibility criteria listed in OAR 918-001-5030.

(i) Account for all disbursed funds using Generally Accepted Accounting Principles (GAAP).

(j) Issue Internal Revenue Service Form 1099-G when required based on the circumstances of the applicant.

(3) In addition to affected counties partnering with the division, the division may perform all of the necessary functions to administer the program.

History

Statutory/Other Authority: Stat. Auth.: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
Statutes/Other Implemented: Stat. Auth.: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025
BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024
BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024
BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022
BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022

Or. Admin. R. 918-001-5030 Program Application and Eligibility

To be eligible for incentives an applicant to the program must meet the following requirements:

(1) The applicant must own a residential or commercial building that was damaged or destroyed by a qualifying wildfire, or the applicant must own a parcel of land where a residential or commercial building was damaged or destroyed in a qualifying wildfire.

(2) The applicant must have completed work on at least one qualifying fire hardening improvement on a residential or commercial building that was damaged or destroyed by a qualifying wildfire.

(3) The applicant must include at least one of the fire hardening improvements listed in 918-001-5060 when rebuilding their residential or commercial building.

(4) The applicant confirms with documentation that the work on the qualifying fire hardening improvement(s) from section (3) has been completed.

(5) The program will accept applications until either all funds have been disbursed or until December 31, 2025, whichever comes first, unless extended by the Legislature.

History

Statutory/Other Authority: Stat. Auth.: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
Statutes/Other Implemented: Stat. Auth.: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025
BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024
BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024
BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022
BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022

Or. Admin. R. 918-001-5040 Accessory Structures

The primary intent of the program is to incentivize fire hardening improvements in residential and commercial buildings, but accessory structures that are within 50 feet of a residential or commercial building can act as fuel for a wildfire thereby increasing the risk of damage to the nearby residential and commercial building. Therefore, fire hardening grants will be available to applicants for improvements made to accessory structures under the following conditions:

(1) The applicant is eligible for grant assistance for a residential or commercial building on the same parcel.

(2) The applicant has added both of the following fire hardening improvements to one or more accessory structure(s):

(a) Roofing that is rated either Class B or Class A; and

(b) Exterior wall covering that is either:

(A) Noncombustible;

(B) Ignition resistant;

(D) log wall,

(3) The accessory structure that is being improved is within 50 feet of any residential or commercial building. For this condition, the residential or commercial building that is within 50 feet of the accessory structure is not required to be the same residential or commercial building that the applicant has already qualified for grant assistance.

History

Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025
BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024
BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024
BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022
BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022

Or. Admin. R. 918-001-5050 Verification of Program Eligibility

The affected county that the applicant is rebuilding in or the division will verify program eligibility. Each of the following eligibility elements will be verified with the listed documentation.

(1) Applicant identity will be verified with a government issued photo identification such as a driver’s license, state issued photo identification, passport, or military identification.

(2) Property ownership will be verified with a copy of the title, manufactured home ownership documentation, a search of public property ownership records, or other documentation at the discretion of the County Building Official.

(3) Completion of eligible work will be verified with:

(a) The results of an inspection by a local building department;

(b) Photographic or video evidence suitable to verify the work;

(d) Other documentation at the discretion of the County Building Official.

History

Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025
BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024
BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024
BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022
BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022

Or. Admin. R. 918-001-5060 Qualifying Improvements and Program Incentives

The following improvements will be incentivized by the program and the listed incentive amounts will be disbursed to eligible applicants once they complete qualifying fire hardening improvements:

(1) Installing roofing rated either Class B or Class A is eligible for a $2,200.00 incentive.

(2) Installing a fire hardened exterior wall covering is eligible for a $1,750.00 incentive, the wall covering must be either:

(a) Noncombustible;

(b) Ignition resistant;

(d) Log wall.

(3) Installing vents that were designed to resist ember intrusion and flame, or using an unvented attic assembly is eligible for a $350.00 incentive.

(4) Protecting the undersides of eaves, soffits and other building projections at the discretion of the County Building Official is eligible for a $400.00 incentive, applicant must use one of the following:

(a) Noncombustible material;

(b) Ignition-resistant material;

(d) One layer of 5/8 inch Type X gypsum sheathing or equivalent.

(5) Installing fire hardened walking surfaces of porches, balconies, and decks is eligible for a $550.00 incentive, walking surfaces must be constructed from:

(a) Noncombustible material;

(b) Ignition resistant material;

(d) Materials meeting ASTM E2632.

(6) Installing windows and skylights that are either made from tempered glass or are 20-minute fire rated is eligible for a $550.00 incentive.

(7) For manufactured homes only, installing skirting that is made from either noncombustible or ignition resistant materials is eligible for a $500.00 incentive.

(8) Accessory structures that meet the eligibility conditions in OAR 918-001-5040 are eligible for a grant of $500.00 per structure for up to two structures.

(9) Eligibility for grant funds is not a guarantee of payment. The program may be unable to make additional payments if there are insufficient funds available.

History

Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025
BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024
BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024
BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022
BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022

Or. Admin. R. 918-001-5070 Additional Organizational Partners

The division may partner with additional governmental or non-governmental organizations to provide additional assistance to potential applicants. This assistance may include:

(1) Outreach and education;

(2) Application preparation and program intake; and

(3) Preparation of verification documents.

History

Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016)
BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025
BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024
BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024
BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022
BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022

Division 8 DIVISION CODE DEVELOPMENT RULES, IN GENERAL

Or. Admin. R. 918-008-0000 Purpose and Scope

(1) The Department of Consumer and Business Services, Building Codes Division, adopts model building codes, standards and other publications by reference, as necessary, through administrative rule to create the state building code. When a matter is included in a specialty code or referenced publication that is in conflict with Oregon Revised Statutes or Oregon Administrative Rules, the statute or rule applies and the code or standard provision does not. All remaining parts or application of the code or standard remain in effect.

(2) Unless required by law, matters generally not authorized for inclusion in a specialty code or referenced standard include, but are not limited to: licensing or certification requirements, or other qualifications and standards for businesses or workers; structures or equipment maintenance requirements; matters covered by federal or state law; and matters that conflict with other specialty codes or publications adopted by the department.

(3) OAR 918-008-0000 to 918-008-0070 provides the process for adopting and amending the state building code that is consistent across all program areas.

(4) The state building code is derived from the most appropriate version of base model codes, which are updated periodically.

(5) The Oregon specialty code amendment process begins approximately midway into a code cycle.

(6) An appropriate advisory board approves or forwards the adoption of the Oregon specialty code and amendments to the Department for adoption.

(7) Notwithstanding sections (3) through (6) of this rule, the division may adopt supplemental code amendments as authorized by OAR 918-008-0028.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.020, 455.030 & 479.730
Statutes/Other Implemented: ORS 447.020, 455.030 & 479.730
BCD 1-2014, f. 1-22-14, cert. ef. 4-1-14
BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06
BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8-27-06
BCD 6-1997, f. & cert. ef. 4-1-97
BCD 26-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-008-0010 Definitions

The following definitions apply to OAR 918-008-0000 to 918-008-0070:

(1) “Base model code” means a published collection of standards governing a particular field of construction, which is generally accepted and used in the United States.

(2) “Code cycle” means an approximate three-year period starting from the Oregon specialty code effective date.

(3) ”Oregon specialty code” means a base model code, together with Oregon-specific amendments, which is adopted by the State of Oregon.

(4) “Proposed code amendment” means an application from a person to add an amendment to a proposed base model code or amend an Oregon specialty code.

(5) “Supplemental code amendment” means a division-initiated amendment to an Oregon specialty code.

History

Statutory/Other Authority: ORS 447.020, 455.030 & 479.730
Statutes/Other Implemented: ORS 447.020, 455.030 & 479.730
BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06
BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8-27-06
BCD 6-1997, f. & cert. ef. 4-1-97
BCD 26-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-008-0020 General Code Adoption Process

(1) The division, in consultation with the appropriate advisory board, establishes a timetable to collect proposed code amendments. The timetable depends on the publication date and general availability of the proposed base model code.

(2) The division will notify interested persons of the timetable at least 45 days before the ending period for collecting proposed code amendments.

(3) During the timeframe for proposing code amendments, an interested person may also recommend that the division incorporate, statewide code interpretations and alternate method rulings into the Oregon specialty code.

(4) The division, in consultation with an appropriate advisory board, reviews prior code amendments, statewide code interpretations, and alternate method rulings during the code adoption and amendment process. The division recommends whether to carry prior code amendments, statewide code interpretations, and alternate method rulings forward to a newly adopted Oregon specialty code or to archive prior code amendments, statewide code interpretations, and alternate method rulings for informational purposes.

History

Statutory/Other Authority: ORS 447.020, 455.030 & 479.730
Statutes/Other Implemented: ORS 447.020, 455.030 & 479.730
BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06
BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8-27-06
BCD 6-1997, f. & cert. ef. 4-1-97
BCD 26-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-008-0028 Supplemental Code Amendments

The division, with the approval of the appropriate advisory board as defined in ORS 455.010, may propose and adopt supplemental code amendments to the state building code at any time within a three-year code cycle, as circumstances merit.

History

Statutory/Other Authority: ORS 455.030 & 455.110
Statutes/Other Implemented: ORS 455.030 & 455.110
BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06

Or. Admin. R. 918-008-0030 Proposed Code Amendment Requirements

(1) All proposed code amendments are submitted to the division in writing or on a division-approved form.

(2) Under ORS 455.030(4), all proposed code amendments must provide justification and the particular circumstances requiring the amendments. Additionally, proposed code amendments must conform to the policies contained in ORS 455.020.

(3) The division screens proposed code amendments to determine whether they substantially meet the requirements of 918-008-0060. Proposed code amendments not substantially meeting the requirements of 918-008-0060 may be returned to the applicant with specific reasons included in the returned application.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.020, 455.030 & 479.730
Statutes/Other Implemented: ORS 447.020, 455.030 & 479.730
BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06
BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8-27-06
BCD 7-2005, f. & cert. ef. 4-1-05
Reverted to BCD 6-1997, f. & cert. ef. 4-1-97
Suspended by BCD 17-2004(Temp), f. & cert. ef. 9-30-04 thru 3-28-05
Reverted to BCD 6-1997, f. & cert. ef. 4-1-97
BCD 1-2004(Temp), f. & cert. ef. 1-29-04 thru 7-26-04
BCD 6-1997, f. & cert. ef. 4-1-97
BCD 26-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-008-0060 Proposed Code Amendments Criteria

(1) As required by OAR 918-008-0030, a proposed code amendment must address, where applicable, whether or not the proposed code amendment:

(a) Is necessary to correct any unforeseen or probable outcomes resulting from the application of a code section, and if so why;

(b) Is needed to protect the health, safety, welfare, comfort and security of occupants and the public, and if so, why;

(d) Is necessary to address unique geographic or climatic conditions within Oregon, and if so, why;

(e) Is needed to eliminate conflicting, obsolete, or duplicative code provisions or standards between Oregon-adopted codes, statutes or regulations, and if so, why;

(f) Conserves scarce resources, and if so, how;

(g) Provides for the use of unique or emerging technologies, or promote advances in construction methods, devices, materials and techniques, and if so, how;

(h) Meets any energy conservation or indoor air quality requirements, and if so how;

(i) Involves the adoption of an electrical or plumbing building product. If an electrical or plumbing building product is involved, note if the appropriate advisory board approved the product; and

(j) Any adverse fiscal impact or cost savings passed on to the general public, the construction industry, local and state governments, and small businesses. If applicable, an interested person must describe the added or reduced cost of a proposed code amendment, describe the adverse fiscal impact or cost savings in relation to the current Oregon specialty code and include any standards of measure used to arrive at the result given.

(2) ORS 183.534 and OAR 813-025-0015 requires the Building Codes Division to prepare a Housing Cost Impact Statement based on the cost of development of a 6,000 square foot parcel and the construction of a 1,200 square feet detached single family dwelling on that parcel. If a proposed code amendment relates to this type of parcel, provide information to assist the division in preparing a housing cost impact statement.

History

Statutory/Other Authority: ORS 447.020, 455.030 & 479.730
Statutes/Other Implemented: ORS 447.020, 455.030 & 479.030
BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06
BCD 3-2006(Temp), f. & cert. ef. 3-1-06 thru 8-27-06
BCD 6-1997, f. & cert. ef. 4-1-97
BCD 26-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-008-0070 Transition Provisions

Nothing in these rules shall prevent the creation of a new code adoption cycle or varying the adoption cycle to more or less than three years when:

(1) Adopting a new model code;

(2) There is a changed model code or publication date; or

(3) It is necessary to adjust the Oregon adoption year to make it compatible with the model code adoption.

History

Statutory/Other Authority: ORS 447.020, 455.030 & 479.730
Statutes/Other Implemented: ORS 447.020, 455.030 & 479.730
BCD 6-1997, f. & cert. ef. 4-1-97
BCD 26-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-008-0075 Scope and Purpose

(1) OAR 918-008-0075 to 918-008-0115 applies to the state building code adopted by the division as defined in ORS 455.010. The purpose of these rules is to create a standard process for statewide code interpretations, site-specific interpretations, and alternate method rulings for all specialty code programs.

(2) Statewide code interpretations and site-specific interpretations clarify existing provisions of the state building code and are not intended to create new provisions.

(3) Alternate method rulings on products not covered in the current state building code apply only to new products, materials, or methods, and do not create new sections of code.

History

Statutory/Other Authority: ORS 455.060, 455.100, 455.110 & 455.144
Statutes/Other Implemented: ORS 455.060, 455.100 & 455.110
BCD 31-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 30-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-008-0080 Definitions

(1) "Alternate Method Ruling" is a request to rule on the acceptability of new materials, designs, or innovative methods of construction not covered by the state building code.

(2) "Petitioner" means:

(a) Any person residing, currently doing business, wishing to do business, or owning property in the State of Oregon; or

(b) A building official authorized to administer and enforce the state building code under ORS 455.148 or 455.150.

(3) "Site-Specific Interpretation" means a division-issued interpretation of a specialty code provision for use by a municipality that applies only to a single project. Site-specific code interpretations assist a local jurisdiction by providing an explanation of the meaning or intent of specific code provisions or sections as they apply to work permitted by the local jurisdiction. Nothing in this section replaces local processes for site-specific interpretations.

(4) "Statewide Code Interpretation" means a division-issued binding interpretation of a specialty code provision that applies in all jurisdictions. Statewide code interpretations provide an explanation of the meaning or intent of specific code provisions or sections.

History

Statutory/Other Authority: ORS 455.060, 455.100, 455.110 & 455.144
Statutes/Other Implemented: ORS 455.060, 455.100 & 455.110
BCD 31-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 30-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-008-0085 Statewide Code Interpretation Process

(1) A petitioner may request a statewide code interpretation by providing the following information in writing or on division approved forms:

(a) A brief description of the facts and circumstances giving rise to the need for a statewide code interpretation; and

(b) The specialty code section at issue.

(2) Notwithstanding subsections (1)(a) and (b) of this rule, the division may elect to accept a substantially complete request for a statewide code interpretation if circumstances merit.

(3) After receipt and approval of a petitioner's request for interpretation, the division will process the request, reach a conclusion, and distribute the decision.

(4) Each quarter, the division will communicate to the appropriate advisory board its actions concerning statewide code interpretations.

History

Statutory/Other Authority: ORS 455.060, 455.100, 455.110 & 455.144
Statutes/Other Implemented: ORS 455.060, 455.100 & 455.110
BCD 31-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 30-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-008-0090 Site-Specific Interpretation Process

(1) A building official may request a site-specific interpretation by providing the following information in writing or on division approved forms:

(a) A brief description of the facts and circumstances giving rise to the need for a site-specific interpretation;

(b) The specialty code section at issue; and

(2) Notwithstanding subsection (1)(a) through (c) of this rule, the division may elect to accept a substantially complete request for a site-specific interpretation if circumstances merit.

(3) After receipt and approval of a building official's request for interpretation, the division will process the request, reach a conclusion, and distribute the decision.

History

Statutory/Other Authority: ORS 455.100, 455.110 & 455.144
Statutes/Other Implemented: ORS 455.100 & 455.110
BCD 31-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 30-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-008-0095 Alternate Method Ruling Process

(1) A petitioner may request an alternate method ruling by providing the following information in writing or on division approved forms:

(a) Information on the material, design, or method the person wishes to utilize;

(b) The specialty code section at issue; and

(c) A brief description of the technical and scientific facts and circumstances giving rise to the need for an alternate method ruling.

(2) Notwithstanding subsections (1)(a) through (c) of this rule, the division may elect to accept a substantially complete request for an alternate method ruling if circumstances merit.

(3) After receipt of a petitioner's complete request for interpretation, the appropriate advisory board makes a recommendation on the technical and scientific facts of the proposed alternate method ruling, consistent with ORS 455.060.

(4) After considering the recommendation of the appropriate advisory board, the division makes the final decision on the alternate method ruling and distributes the decision consistent with ORS 455.060.

History

Statutory/Other Authority: 455.060 & 455.144
Statutes/Other Implemented: 455.060
BCD 31-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 30-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-008-0110 Enforcement

All jurisdictions administering and enforcing the state building code must enforce statewide code interpretations and allow the use of alternate method rulings consistent with the original scope of the ruling. Failure to enforce statewide code interpretations or allow statewide alternate method rulings may subject building officials, plans examiners, and inspectors to revocation or suspension of certifications.

History

Statutory/Other Authority: ORS 455.144, 455.148, 455.150 & 455.740
Statutes/Other Implemented: ORS 455.148, 455.150 & 455.740
BCD 31-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 30-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-008-0115 Reconsideration of Division Determination

In accordance with OAR 137-003-0090, 137-004-0080, and ORS 183.484(2):

(1) A petitioner whose request for a site-specific interpretation or a statewide code interpretation was denied may request reconsideration of the agency decision.

(2) Any person, including a member of an advisory board as defined under ORS 455.010, adversely affected or aggrieved by an interpretation may request the division reconsider its determination.

(3) Interpretations or rulings remain in effect despite a reconsideration request unless a petitioner specifically requests and is granted a stay of enforcement of the interpretation.

History

Statutory/Other Authority: ORS 455.100, 455.110 & 455.144
Statutes/Other Implemented: ORS 455.100 & 455.110
BCD 31-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 30-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-008-0120 State Building Code Appeal Process

(1) A person aggrieved by the building official’s decision on the application of the state building code adopted under ORS 447.020, 455.020, 455.610, 460.085, 460.360, 479.730 or 480.545 may appeal to either the local jurisdiction’s appeals board or the state specialty code chief. The appeals process selected may not change once initiated.

(2) A filing fee of $20 is required for appeals to the state specialty code chief.

(3) An appeal must be filed within 30 calendar days of the building official’s decision.

(4) An appeal must include the following information and other information requested by the chief:

(a) The person filing the appeal, the jurisdiction where the act occurred, and any parties involved, including contact information;

(b) The specific code or codes involved, with proper citation;

(d) A copy of any written interpretation or decision, if issued by the jurisdiction;

(e) An explanation why the ruling should be reversed;

(f) The status and date of stop work order if issued; and

(g) Other information as requested by the chief.

(h) Notwithstanding subsection (a) through (g) of this rule, the division may elect to accept a substantially complete request for an appeal when it appears that doing so furthers the interests of the state.

(5) The building official and person appealing must respond within 7 calendar days to a request from the chief for additional information. The chief has 14 days to render a decision and inform both the jurisdiction and the person appealing a decision of a local jurisdiction. The maximum time for rendering a decision may not exceed 30 calendar days. The Building Codes Division Administrator may suspend these procedural time frames when the complexity of the issue merits additional decision time.

(6) A decision by a local jurisdiction’s appeals board or chief may be appealed to the appropriate advisory board within 30 calendar days of the decision. A filing fee of $20 is charged for an appeal of a local jurisdiction’s appeals board decision.

History

Statutory/Other Authority: ORS 455.030, 455.144, 460.085 & 480.545
Statutes/Other Implemented: ORS 455.475 & 479.853
BCD 30-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-008-0200 Oregon Energy Efficiency Specialty Code (OEESC) Adoption Process

(1) The purpose of this rule is to have a predictable and consistent OEESC adoption process to meet the energy efficiency goals of the state, based on a thoroughly vetted, federally recognized national model energy standard.

(2) Notwithstanding OAR 918-008-0000, 918-008-0010, 918-008-0020, 918-008-0030, and 918-008-0060, the division shall, insofar as feasible, and consistent with ORS Chapter 455:

(a) Base the OEESC on the most recently published edition of ASHRAE Standard 90.1.

(b) Provide notice to the appropriate boards that the division is beginning the adoption process for the OEESC within 180 days of the publication of the most recent edition of ASHRAE Standard 90.1.

(A) Conform to Oregon statute;

(B) Align with the administrative provisions of the Oregon Structural Specialty Code; and

(d) Within 90 days of publication of the appropriate final determination in the federal register of ASHRAE Standard 90.1, or no later than one year after initial publication of the most recent edition of ASHRAE Standard 90.1, whichever comes first, the division shall present the amended OEESC to the Construction Industry Energy Board for consideration and adoption as the OEESC energy code.

(3) Applicants for building permits shall demonstrate compliance with the OEESC by supplying the building department the following documentation:

(a) COMcheck output or other supplemental form as approved by the building official showing compliance with the adopted edition of ASHRAE Standard 90.1; and

(b) For new buildings, identification of the projected energy use for the proposed building and identification of the estimated required amount of onsite or offsite renewable energy to achieve a net-zero building.

(4) The adoption of the updated OEESC shall be subject to the approval of the Construction Industry Energy Board and the availability of COMcheck software including the most recent edition of ASHRAE Standard 90.1.

History

Statutory/Other Authority: ORS 455.020, ORS 455.030, ORS 455.110, ORS 455.505 & ORS 455.511
Statutes/Other Implemented: ORS 455.110 & ORS 455.511
BCD 15-2022, adopt filed 12/29/2022, effective 01/01/2023

Or. Admin. R. 918-008-0250 Oregon Residential Specialty Code - Energy Code Proposal Process

(1) The purpose of this rule is to establish a consistent and predictable process for adopting the energy provisions of the Oregon Residential Specialty Code (ORSC) to meet the energy efficiency goals of the state with technically and economically feasible code amendments.

(2) Proposed code amendments to the ORSC that advance energy efficiency must include the following information based on a uniform set of facts and assumptions:

(a) Modeled estimated energy savings based on the US Department of Energy’s Methodology for Evaluating Cost-Effectiveness of Residential Energy Code Changes (US DOE Methodology) established for its Building Energy Codes Program (BCAP) and for a 1,200 square foot single family home on a 6,000 square foot lot, including;

(A) The building components, their associated input values, and their assumptions used for developing the average baseline code results, the proposed code amendment(s), and the data sources for those building components, input values and assumptions;

(B) The data sources for the input values, beginning with the US DOE Methodology or other national standard(s), followed by the baseline code, then regional data, as appropriate, where national methodologies or standards do not apply; and

(b) Increased construction costs above those of the base code that would result from the proposed amendments relative to the US DOE Methodology home and for a 1,200 square foot single family home on 6,000 a square foot lot, detailed and specific enough to allow for the reproduction of the analysis, based on the following factors:

(A) A standard cost for different fuel types based on data provided by the division, or from the US Energy Information Agency (EIA) if not available from the division. These costs will be used in any analysis of code change proposals and the costs by fuel type will be used for the duration of the code adoption cycle;

(B) Cost of labor;

(D) Cost of materials;

(E) Quantity of materials;

(F) Overhead costs;

(G) Profit; and

(H) Factors or conditions that would make an alteration, repair, change of use, or change of occupancy, or other code upgrade triggering event in an existing building more expensive to comply with, or would otherwise make the included cost analysis unreliable. Where the code upgrade triggering event would have a fiscal impact, an estimate of that increased fiscal impact must be based on the same assumptions as the initial code proposal.

(3) To facilitate the needed uniform modeling, analysis, and comparison, prior to opening the period for collecting proposed code amendments, the division will, as is feasible, and in consultation with the Residential and Manufactured Structures Board, make available the following information:

(a) The base code that the energy provisions of the ORSC will be based on;

(b) Any division proposed code amendments; and

(4) In addition to the requirements of this rule, OAR 918-008-0030, and 918-008-0060, proposed energy code amendments must be submitted on the division approved form.

History

Statutory/Other Authority: ORS 455.030 & ORS 455.610
Statutes/Other Implemented: ORS 455.610
BCD 9-2022, adopt filed 06/30/2022, effective 07/01/2022

Division 10 REGULATION OF DRUG MANUFACTURING SITES

Or. Admin. R. 918-010-0000 Purpose and Scope of Rule

This rule carries out the division’s responsibilities under ORS 453.879 and 453.906. It is intended for use in connection with OAR 333, division 040, rules of the Health Division relating to cleanup of toxic contamination from illegal drug manufacturing.

History

Statutory/Other Authority: ORS 453.864
Statutes/Other Implemented: ORS 453.864
BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98, Renumbered from 918-010-0010
BCA 29-1990, f. 12-21-90, cert. ef. 12-30-90
BCA 15-1990(Temp), f. 6-27-90, cert. ef. 7-1-90

Or. Admin. R. 918-010-0005 Reasonable Notice to Interested Parties

(1) There is created an interested parties mailing list, maintained by the division, to receive notices of properties placed on the “Unfit for Use” list.

(2) Before the adoption, amendment or repeal of this rule, notice will be given to the persons on the interested parties list established according to OAR 918-001-0210.

History

Statutory/Other Authority: ORS 453.855 - 453.992
Statutes/Other Implemented: ORS 453.855 - 453.992
BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98
BCA 29-1990, f. 12-21-90, cert. ef. 12-30-90
BCA 15-1990(Temp), f. 6-27-90, cert. ef. 7-1-90

Or. Admin. R. 918-010-0015 Registry of Property “Unfit for Use”

(1) As required by ORS 453.879, there is created within the Building Codes Division, a registry of property “Unfit for Use.”

(2) The registry shall list property determined as “unfit for use” under ORS 453.876 and under the rules of the Health Division.

(3) Property declared “unfit for use” shall be listed in the registry only when the Health Division advises the division that action has been taken to declare the property as not fit for use. The listing will show the information provided by the Health Division.

(4) Property listed in the registry will be removed from the registry when:

(a) The division receives a certificate of fitness from the Health Division;

(b) The division is formally advised by a certified copy of a final court judgment that the initial “unfit for use determination” was reversed on appeal under ORS 453.876, or if the reversal was by administrative action, a certified copy of the final division order; or

(c) The division is provided with confirmed evidence, including proof or an affirmation that all lawful requirements were followed, that the contaminated property has been destroyed.

History

Statutory/Other Authority: ORS 453.879
Statutes/Other Implemented: ORS 453.879
BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98
BCA 29-1990, f. 12-21-90, cert. ef. 12-30-90

Or. Admin. R. 918-010-0020 Notice of Listing in the Registry

(1) The registry is a public record open to inspection by the public during normal business hours.

(2) Copies of documents adding to or removing property from the list will be provided to any person upon request. Persons requesting copies must designate whether the request covers all transactions within the state, only transactions within a particular jurisdiction or a particular transaction.

(3) Notification of addition to or removal from the list will be provided to the building official with jurisdiction or the local city or county government involved, if there is no building official and the local health department.

History

Statutory/Other Authority: ORS 453.855 - 453.992
Statutes/Other Implemented: ORS 453.855 - 453.992
BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98
BCA 29-1990, f. 12-21-90, cert. ef. 12-30-90

Or. Admin. R. 918-010-0025 Condemnation, Demolition and Vacation of Property and Removal of Contents

(1) Once property is designated as “unfit for use,” procedures for requiring removal of contents or vacation of the premises may be started.

(2) The standards in the 1988 Edition of the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials are adopted under ORS 453.906 as the uniform standards whereby local building code enforcement agencies may act to condemn, demolish, and require the vacation of the property or removal of contents. The “Dangerous Building Section,” Section 302 of the Uniform Code, may only be used when the conditions or defect results from, or is made more dangerous to, the life, health, property or safety of the public or its occupants because of the use of the property or its status as an illegal drug manufacturing site.

(3) Nothing in this rule prohibits any local jurisdiction from adopting the procedures provided in The Uniform Code for the Abatement of Dangerous Buildings.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 453.906
Statutes/Other Implemented: ORS 453.906
BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98
BCA 29-1990, f. 12-21-90, cert. ef. 12-30-90

Division 20 DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS

Or. Admin. R. 918-020-0010 Relationship of Delegation Rules to Statute

These rules establish standards for:

(1) A procedure for cooperation between local municipalities and the Oregon State Fire Marshal; and

(2) The notice of assumption of any portion of the plan review program, required by ORS 455.148 and 455.150, and shall include a procedure for cooperation with the State Fire Marshal or the State Fire Marshal’s designee, to consider a uniform fire code in the plan review process.

History

Statutory/Other Authority: ORS 455.150
Statutes/Other Implemented: ORS 455.150
BCD 16-2002, f. & cert. ef. 7-1-02
BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 4-1994, f. 2-25-94 cert. ef. 3-1-94

Or. Admin. R. 918-020-0015 Definitions

As used in OAR chapter 918, division 020, unless the context requires otherwise:

(1) “Building official” has the meaning given to that term in ORS 455.715.

(2) "Contract building official” means an owner, manager or employee of a person that the director 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.

(3) “Director” means the Director of the Department of Consumer and Business Services, or the director’s designee.

(4) “Discretionary decision” means a decision on whether to waive a plan review, an inspection or a provision of the state building code; or to allow an alternative material, design or method of construction.

(5) “Division” means the Building Codes Division of the Department of Consumer and Business Services.

(6) "Full-service program" means a building inspection program that assumes administration and enforcement of all of the specialty code programs listed in ORS 455.148(1).

(7) “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 has satisfied the training requirements under OAR 918-020-0240.

History

Statutory/Other Authority: ORS 455.148, ORS 455.150, ORS 455.610 & 2021 Oregon Laws Ch. 599, Sec. 2, (Enrolled SB 866)
Statutes/Other Implemented: ORS 455.148, ORS 455.150, ORS 455.610 & 2021 Oregon Laws Ch. 599, Sec. 2, (Enrolled SB 866)
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 2-2020, minor correction filed 01/14/2020, effective 01/14/2020
BCD 1-2020, amend filed 01/14/2020, effective 01/14/2020
BCD 16-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 918-020-0020 Cooperation with Other Agencies

(1) Each municipality assuming any portion of the plan review program shall, with the notice of program assumption, include a procedure for communication and cooperation with the State Fire Marshal or the Fire Marshal’s certified designee. The procedure shall provide the Fire Marshal an opportunity to examine construction plans for those buildings that the Fire Marshal inspects for occupancy standards under ORS 476.030. If a procedure is not adopted and signed by both the building official and the State Fire Marshal or the Fire Marshal’s certified designee, the request for program assumption shall include the following minimum provisions for notice to the Fire Marshal:

(a) The time and place where construction plans and specifications will be available;

(b) The proposed type of building construction and occupancy;

(c) Any changes from the fire and life safety standards of the applicable code proposed as alternate methods of construction; and

(d) Any procedure or agreement which may shorten or eliminate the time the construction plans and specifications may be available for examination.

(2) The procedure shall establish a reasonable time limit for comment by the Fire Marshal.

History

Statutory/Other Authority: ORS 455.150
Statutes/Other Implemented: ORS 455.150
BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 4-1994, f. 2-25-94, cert. ef. 3-1-94

Or. Admin. R. 918-020-0070 Purpose and Scope

(1) OAR chapter 918, division 020 interprets and applies ORS 455.148 to 455.210 and 2021 Oregon Laws Ch. 599, Sections 2, 4 and 5 (Enrolled SB 866). ORS 455.148 and 455.150 provide that municipalities that administer and enforce building inspection programs may do so for a period of up to four years before a renewal is required. A building inspection program is limited to the administration and enforcement of those specialty code programs assumed by a municipality under ORS 455.148, 455.150 and 479.855. ORS 455.148 and 455.150 authorize the department to adopt rules to adjust time periods for administration of building inspection programs to allow for variations in the needs of the department and participants. ORS 455.148 and 455.150 and 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) authorize the department to adopt rules regulating municipal administration and enforcement of building inspection programs including, but not 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;

(d) Creating standards for efficient, effective, timely and acceptable building inspection programs;

(e) Creating standards for justifying building inspection program fees adopted by a municipality; and

(f) Creating standards to determine whether a county or department building inspection program is economically impaired in its ability to reasonably continue providing the program or part of the program throughout the county, if another municipality is allowed to provide a building inspection program or part of a building inspection program within the same county; and

(g) Creating standards related to qualified employees and the use of contract building officials.

(2) The purpose of these rules is to encourage municipalities to assume responsibility for the administration and enforcement of building inspection programs to the fullest possible extent. Each municipality is responsible for developing an independent operating plan that describes the manner in which the municipality will administer and enforce its building inspection program. Municipalities are encouraged to develop operating plans that meet the identified needs of their individual communities. The intent of the division is to cooperate with municipalities to obtain and maintain authority to administer and enforce efficient, effective, timely and acceptable building inspection programs.

(3) For the purpose of OAR chapter 918, division 020, "reporting period" means a four-year period during which a municipality administers and enforces a building inspection program pursuant to an operating plan, or a period of less than four-years as described under OAR 918-020-0180.

History

Statutory/Other Authority: ORS 455.030 & 2021 Oregon Laws Ch. 599, Sections 2, 4 and 5 (Enrolled SB 866)
Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sections 2, 4 and 5 (Enrolled SB 866), ORS 455.150, ORS 455.210 & ORS 455.148
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 29-2002, f. & cert. ef.10-1-02
BCD 16-2002, f. & cert. ef. 7-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 11-2000, f. 6-23-00, cert. ef. 7-1-00
BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96

Or. Admin. R. 918-020-0080 Delegation of Building Inspection Programs

The division and every municipality that administers and enforces a building inspection program or desires to assume responsibility to administer and enforce a building inspection program shall prepare an operating plan describing the manner in which the municipality or the division will do so. The operating plan shall establish specific processes and goals, consistent with the program standards described in ORS 455.153 and OAR 918-020-0090.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.150
BCD 16-2002, f. & cert. ef. 7-1-02
BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96

Or. Admin. R. 918-020-0090 Program Standards

Every municipality that administers and enforces an approved building inspection program must establish and maintain the minimum standards, policies, and procedures set forth in this rule.

(1) Administrative Standards. A building inspection program must comply with the following:

(a) Provide adequate funds, equipment, and other resources necessary to administer and enforce the building inspection program in conformance with an operating plan;

(b) Document in writing the authority and responsibilities of the building official, plan reviewers, and inspectors based on an ordinance or resolution that authorizes the building official on behalf of the municipality to administer and enforce a building inspection program;

(c) Establish a local process to review appeals of technical and scientific determinations made by the building official regarding any provision of the specialty codes the municipality administers and enforces, to include a method to identify the local building official or designee and notify the aggrieved persons of the provisions of ORS 455.475;

(d) Account for all revenues collected and expenditures made relating to administration and enforcement of the building inspection program, and account for the electrical program revenues and expenditures separately when administered by the municipality.

(A) Prepare income and expense projections for each code program it will administer and enforce during the reporting period; and

(B) Describe how general administrative overhead costs and losses or surpluses, if any, will be allocated.

(e) Establish policies and procedures for the retention and retrieval of records relating to the administration and enforcement of the specialty codes it administers and enforces;

(f) Make its operating plan available to the public;

(g) Establish a process to receive public inquiries, comments, and complaints;

(h) Adopt a process to receive and respond to customers' questions regarding permitting, plan review, and inspections;

(i) Set reasonable time periods between 7 a.m. and 6 p.m. on days its permit office is open, weekends and holidays excluded, when it will receive and respond to customers' questions;

(j) Post its jurisdictional boundary, types of permits sold and hours of operation at each permit office it operates;

(k) Identify all persons in addition to the building official to whom notices issued pursuant to these rules should be sent;

(L) When requested by the division, return a completed data request form to and as provided by the division annually;

(m) Complete a program administration form, which is available on the division’s website, for an initial building inspection program approval and assumption, for building program expansion approval and assumption, and thereafter when seeking to renew a program under OAR 918-020-0105;

(n) Appoint or employ a person to serve as the building official pursuant to ORS 455.148(3) or 455.150(3) as follows:

(A) The individual appointed or employed pursuant to this section must be certified by the division as a building official under OAR chapter 918, division 098;

(B) For the purposes of this subsection, to be directly employed the person must be subject to the provisions of ORS 316.162 to 316.221 and have completed a withholding exemptions certificate required by ORS 316.162 to 316.221;

(C) Two or more municipalities may combine in the appointment of a single building official who is employed by one of those municipalities for the purposes of administering a building inspection program within their communities; and

(D) A municipality may contract with a contract building official to administer and enforce all or parts of the building inspection program, in accordance with OAR chapter 918 division 020 and 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866).

(o) For any program that procures services from a contract building official under 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866):

(A) Document in its operating plan the information outlined in section 7 of this rule.

(B) Have audits conducted in accordance with 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 6 (Enrolled SB 866); and

(C) Make the results of each audit conducted under 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 6 (Enrolled SB 866) available to the public by easily accessible electronic means.

(2) Permitting Standards. A building inspection program must:

(a) Provide at least one office within its jurisdictional boundary where permits may be purchased;

(b) Set reasonable time periods between 7 a.m. and 6 p.m. on days its permit office is open, weekends and holidays excluded, when it will make permits available for purchase;

(c) Establish policies and procedures for receiving permit applications, determining whether permit applications are complete and notifying applicants what information, if any, is required to complete an application;

(d) Set reasonable time periods within which the municipality will:

(A) Advise permit applicants whether an application is complete or requires additional information; and

(B) Generally issue a permit after an application has been submitted and approved.

(e) Establish policies and procedure for issuing permits not requiring plan review, emergency permits, temporary permits, master permits, and minor labels; and

(f) Require proof of licensing, registration, and certification of any person who proposes to engage in any activity regulated by ORS chapters 446, 447, 455, 479, 693, and 701 prior to issuing any permit.

(3) Plan Review Standards. A building inspection program must:

(a) Establish policies and procedures for its plan review process to:

(A) Assure compliance with the specialty codes it is responsible for administering and enforcing, including any current interpretive rulings adopted pursuant to ORS 455.060 or 455.475;

(B) Make available checklists or other materials at each permitting office it operates that reasonably apprises persons of the information required to constitute a complete permit application or set of plans;

(C) Inform applicants within three working days of receiving an application, whether or not the application is complete and if it is for a simple residential plan. For the purposes of this rule and ORS 455.467, a "complete application" is defined by the division, taking into consideration the regional procedures in OAR chapter 918, division 50. If deemed a simple residential plan, the jurisdiction must also inform the applicant of the time period in which the plan review will generally be completed;

(D) Establish a process that includes phased permitting and deferred submittals for plan review of commercial projects for all assumed specialty codes, taking into consideration the regional procedures in OAR chapter 918, division 50. The process may not allow a project to proceed beyond the level of approval authorized by the building official. The process must:

(i) Require the building official to issue permits in accordance with the state building code as defined in ORS 455.010 provided that adequate information and detailed statements have been submitted and approved with pertinent requirements of the appropriate code. Permits may include, but not be limited to: excavation, shoring, grading and site utilities, construction of foundations, structural frame, shell, or any other part of a building or structure.

(ii) Allow deferred submittals to be permitted within each phase with the approval of the building official; and

(iii) Require the applicant to be notified of the estimated timelines for phased plan reviews and that the applicant is proceeding without assurance that a permit for the entire structure will be granted when a phased permit is issued.

(E) Verify that all plans have been stamped by a registered design professional and licensed plan reviewer where required;

(F) Verify for those architects and engineers requesting the use of alternative one and two family dwelling plan review program that all plans have been stamped by a registered professional who is also a residential plans examiner. This process must require the building official to:

(i) Establish policies and procedures in their operating plan for this process;

(ii) Waive building inspection program plan review requirements for conventional light frame construction for detached one and two family dwellings; and

(iii) Establish an appropriate fee for processing plans submitted under this rule.

(G) Establish a process for plan review if non-certified individuals review permit applications under OAR 918-098-1010.

(b) Employ or contract with a person licensed, registered, or certified to provide consultation and advice on plan reviews as deemed necessary by the building official based on the complexity and scope of its customers' needs;

(c) Maintain a list of all persons it employs or contracts with to provide plan review services including licenses, registrations, and certifications held by each plan reviewer and evidence of compliance with all applicable statutory or professional continuing education requirements;

(d) Designate at least three licensed plan reviewers from whom the municipality will accept plan reviews when the time periods in subsection (e) of this section cannot be met; and

(e) Allow an applicant to use a plan reviewer licensed under OAR 918-090-0210 and approved by the building official when the time period for review of "simple one- or two-family dwelling plans" exceeds 10 days where the population served is less than 300,000, or 15 days where the population served is 300,000 or greater.

(4) Simple and complex one- and two-family dwelling plans.

(a) For the purposes of these rules, "simple one- or two-family dwelling plans" must:

(A) Comply with the requirements for prescriptive construction under the Oregon Residential Specialty Code; or

(B) Comply with the Oregon Manufactured Dwelling Installation Specialty Code and the requirements in OAR chapter 918, division 500; and

(C) Be a structure of three stories or less with an enclosed total floor space of 4,500 square feet or less, inclusive of multiple stories and garage(s).

(b) "Simple one- or two-family dwelling plans" may:

(A) Include pre-engineered systems listed and approved by nationally accredited agencies in accordance with the appropriate specialty code, or by state interpretive rulings approved by the appropriate specialty board, that require no additional analysis; and

(B) Be designed by an architect or engineer and be considered a simple one- and two-family dwelling if all other criteria in this rule are met.

(A) Master plans approved by the division or municipality or under ORS 455.685, which require no additional analysis; and

(B) Plans that include an engineering soil report if the report allows prescriptive building construction and requires no special systems or additional analysis.

(d) A plan that does not meet the definition of "simple" in this rule is deemed "complex". In order to provide timely customer service, a building official may accept a plan review performed by a licensed plan reviewer for a complex one- or two-family dwelling.

(5) Inspection Standards.

(a) A building inspection program must:

(A) Set reasonable time periods between 7 a.m. and 6 p.m. on days its permit office is open, weekends and holidays excluded, when it will provide inspection services or alternative inspection schedules agreed to by the municipality and permittee;

(B) Unless otherwise specified by statute or specialty code, establish reasonable time periods when inspection services will be provided following requests for inspections;

(D) Leave a written copy of the inspection report on site or provide electronic access to a copy of the inspection report;

(E) Make available any inspection checklists;

(F) Maintain a list of all persons it employs or contracts with to provide inspection services including licenses, registrations, and certifications held by persons performing inspection services and evidence of compliance with all applicable statutory or professional continuing education requirements;

(G) Vest the building official with authority to issue stop work orders for failure to comply with the specialty codes the municipality is responsible for administering and enforcing; and

(H) Require inspectors to perform license enforcement inspections as part of routine installation inspections.

(b) Where a municipality investigates and enforces violations under ORS 455.156 or in accordance with the municipality's local compliance program, the municipality's inspectors must require proof of compliance with the licensing, permitting, registration, and certification requirements of persons engaged in any activity regulated by ORS Chapters 446, 447, 455, 479, 693, and 701. Inspectors must report any violation of a licensing, permitting, registration, or certification requirement to the appropriate enforcement agency.

(6) Compliance Programs. A municipality administering a building inspection program may enact local regulations to create its own enforcement program with local procedures and penalties; utilize the division's compliance program by submitting compliance reports to the division; elect to act as an agent of a division board pursuant to ORS 455.156; or develop a program that may include, but not be limited to, a combination thereof.

(7) Operating Plan. A building inspection program must establish in its operating plan:

(a) Procedures to respond to public complaints regarding work performed without a license or permit or in violation of the specialty codes the municipality is responsible for administering and enforcing;

(b) Procedures requiring proof of licensure for work being performed under the state building code utilizing the approved citation process and procedures in OAR 918-020-0091.

(d) Policies and procedures regarding investigation of complaints, where the municipality chooses to investigate and enforce violations pursuant to ORS 455.156;

(e) Policies and procedures regarding issuance of notices of proposed assessments of civil penalties, where the municipality chooses to act as an agent of a board pursuant to ORS 455.156. Penalties under such a program are subject to the limitations set in 455.156 and 455.895 and;

(f) The following information, if the program procures services from a contract building official under 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866):

(A) The name, title, and contact information of any qualified employee;

(B) The authority and responsibilities of the qualified employee, when that person is acting in the capacity as a qualified employee;

(C) The program’s process for handling discretionary decisions, including the procedure for providing notice to the qualified employee and permit applicant of discretionary decisions;

(D) The procedure the qualified employee will follow when reviewing and ratifying or disapproving a contract building official’s discretionary decision;

(E) The timelines for appeals of discretionary decisions;

(F) The local board which will hear appeals of the contract building official’s discretionary decisions in accordance with 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 4 (Enrolled SB 866); and

(G) When an audit will occur under 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 6 (Enrolled SB 866), and where the results of this audit will be made available.

(8) Electrical Programs. Municipalities that administer and enforce an electrical program must demonstrate compliance with all applicable electrical rules adopted pursuant to ORS 479.855.

History

Statutory/Other Authority: ORS 183.355, ORS 455.030, ORS 455.062, ORS 455.148, ORS 455.150, ORS 455.156, ORS 455.467, ORS 455.469 & 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
Statutes/Other Implemented: ORS 455.062, ORS 455.148, ORS 455.150, ORS 455.156, ORS 455.467, ORS 455.469 & 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
BCD 14-2022, amend filed 09/29/2022, effective 10/01/2022
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 21-2020, temporary amend filed 10/06/2020, effective 10/09/2020 through 04/06/2021
BCD 7-2020, temporary amend filed 04/10/2020, effective 04/12/2020 through 10/08/2020
BCD 12-2019, temporary amend filed 10/15/2019, effective 10/15/2019 through 04/11/2020
BCD 3-2019, temporary amend filed 04/15/2019, effective 04/18/2019 through 10/14/2019
BCD 27-2018, temporary amend filed 10/18/2018, effective 10/20/2018 through 04/17/2019
BCD 10-2018, temporary amend filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
BCD 11-2015, f. 12-11-15, cert. ef. 1-1-16
BCD 9-2015(Temp), f. 10-30-15, cert. ef. 11-1-15 thru 1-1-16
BCD 4-2015(Temp), f. & cert. ef. 5-12-15 thru 11-1-15
BCD 13-2014(Temp), f. & cert. ef. 11-14-14 thru 5-12-15
BCD 9-2013, f. 12-16-13, cert. ef. 1-1-14
BCD 7-2013(Temp), f. 7-26-13, cert. ef. 8-1-13 thru 12-31-13
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 11-2004, f. 8-13-04, cert. ef. 10-1-04
BCD 6-2004, f. 5-21-04, cert. ef. 7-1-04
BCD 27-2002, f. & cert. ef. 10-1-02
BCD 16-2002, f. & cert. ef. 7-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 11-2000, f. 6-23-00, cert. ef. 7-1-00
BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96

Or. Admin. R. 918-020-0091 Citation Process for Licensing Violations

Municipalities must use the forms and procedures approved by the division.

History

Statutory/Other Authority: ORS 455.030 & 455.156
Statutes/Other Implemented: ORS 455.156
BCD 6-2004, f. 5-21-04, cert. ef. 7-1-04

Or. Admin. R. 918-020-0094 Program Assumption for State-Administered Jurisdictions

A municipality that requests responsibility for the administration and enforcement of a building inspection program administered by the division must meet the requirements for assumption in ORS 455.148(7) and (11)(c).

History

Statutory/Other Authority: ORS 455.148
Statutes/Other Implemented: ORS 455.148
BCD 12-2007, f. 12-28-07 cert. ef. 1-1-08
BCD 11-2007(Temp), f. & cert. ef. 11-15-07 thru 4-1-08

Or. Admin. R. 918-020-0095 Program Assumption Procedures

(1) Assumption of building inspection programs shall be approved only under ORS Chapters 455 and 479 and these rules, for municipalities meeting the following minimum standards. Municipalities requesting to assume new programs or additional parts of a program must provide a full-service program as described in ORS Chapter 455. The municipality shall prepare an assumption plan demonstrating its ability to:

(a) Administer the program for at least four years;

(b) Maintain or improve upon service levels presently provided to the area, including identifying proposed staffing, service contracts and intergovernmental agreements for at least the first two years;

(c) Operate a program that is financially feasible for at least two years without unduly increasing short-term and long-term costs of services to the public, in the areas administered by the municipality. Information showing how the program will be financially feasible shall include an estimate of anticipated revenues and expenditures, the assumptions on which the estimates are based, and an explanation of how losses, if any, will be funded; and

(d) Transition the program from the previous service provider including developing a method for:

(A) Transferring responsibility for existing buildings, open plan reviews, permits and inspections and corresponding revenues for completion of outstanding work;

(B) Transferring any pending enforcement actions;

(C) Informing contractors and others of the change of inspecting jurisdictions, jurisdictional boundaries and requirements for plan review, permits and inspections; and

(D) Transferring any affected employees consistent with ORS 236.605.

(e) Appoint or employ a person to serve as the building official pursuant to OAR 918-020-0090(1)(n) and either ORS 455.148(3) or 455.150(3).

(2) A municipality requesting to administer and enforce a new full-service building inspection program under ORS 455.148, or part of a building inspection program to become full-service under ORS 455.148 and 455.150 shall, by October 1:

(a) Submit a completed division program administration form, which is available on the division’s website, describing the specialty codes the municipality intends to administer effective July 1 of the following year, and provide the following:

(A) An assumption plan as required in ORS 455.148 and Section (1) of this rule;

(B) An operating plan as described in OAR 918-020-0090;

(C) A schedule, including the date, time, place and subject matter, of any proposed meetings of public or advisory bodies, where public comments will be received concerning their proposal to assume a full-service program or part of a program;

(D) Evidence of compliance with the notice and consultation requirements of this section; and

(E) When a municipality reapplies to assume administration of a program that was previously revoked, the application shall include an explanation of how past deficiencies were corrected and how they will be prevented in the future, and it shall meet the requirements of ORS 455.148 and 455.150 including timelines and full-service coverage.

(b) Consult with the jurisdiction from whom the program will be assumed, to:

(A) Notify them of the intent to assume the program;

(B) Discuss with them any impacts on their existing program;

(D) Attempt to reach agreement on the method of providing services in the area.

(3) Upon receipt of an application for program assumption from a municipality, the division shall, by October 15, notify in writing all persons on the division maintained interested party mailing list.

(4) Objections to proposed program assumptions, including or related to, claims of economic impairment by the division or the municipality potentially losing the program, shall be received within 30 days of notice and shall include:

(a) An explanation of the objection to the proposed program assumption;

(b) Identification of the required program standard that is believed not to be met; and

(c) When related to economic impairment, the information provided shall include projected impact on the existing building inspection program revenues, expenses, and staffing levels and the ability to continue carrying out remaining portions of the affected program.

(5) When reviewing the objections, the division shall consider the criteria established in ORS 455.152 and whether the objections relate to the ability of the municipality to effectively carry out the program and meet the required standards of applicable statutes and rules.

(6) The municipality requesting administration of a program shall confirm its intent to proceed with its application and submit final information to the division by January 1.

(7) By April 1 the division shall approve or deny the request. A request may be denied when the municipality failed to meet any of the standards and timelines for assumption set forth in ORS Chapters 455 and 479 and the rules adopted thereunder, or when a claim of economic impairment is not resolved to the satisfaction of the director.

(8) Municipalities approved to assume programs may do so effective July 1.

(9) By September 1, the municipality shall submit a final approved copy of all applicable ordinances and fee schedules.

History

Statutory/Other Authority: ORS 455.148, ORS 455.150, ORS 455.152, ORS 479.855 & 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
Statutes/Other Implemented: ORS 455.148, ORS 455.150, ORS 455.152, ORS 479.855 & 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 21-2020, temporary amend filed 10/06/2020, effective 10/09/2020 through 04/06/2021
BCD 7-2020, temporary amend filed 04/10/2020, effective 04/12/2020 through 10/08/2020
BCD 12-2019, temporary amend filed 10/15/2019, effective 10/15/2019 through 04/11/2020
BCD 3-2019, temporary amend filed 04/15/2019, effective 04/18/2019 through 10/14/2019
BCD 27-2018, temporary amend filed 10/18/2018, effective 10/20/2018 through 04/17/2019
BCD 10-2018, temporary amend filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
Reverted to BCD 16-2002, f. & cert. ef. 7-1-02
BCD 12-2016(Temp), f. & cert. ef. 9-29-16 thru 3-27-17
BCD 16-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 918-020-0105 Renewal of Existing Programs

(1) Existing programs may continue to administer full-service or partial programs as permitted by ORS Chapter 455. Any municipality requesting to assume an additional program shall do so in accordance with ORS Chapter 455 and these rules.

(2) Depending on the respective reporting period outlined in OAR 918-020-0180 municipalities administering existing programs upon notification shall submit the following to the division by January 1, unless the year is 2022, in which case the submission to the division is required by January 31:

(a) A completed program administration form, which is available on the division’s website, describing the specialty codes the municipality will continue to administer and enforce beginning July 1 of the next reporting period;

(b) A list of current staff, including contract providers, and their applicable certifications;

(d) A narrative describing any changes to the plan.

(3) Requests to extend the January 1 date as authorized in ORS 455.148(4) and 455.150(4) shall be filed with the division no later than December 21.

(4) Notwithstanding OAR 918-020-0180:

(a) By January 1, 2022, a city that intends to continue to procure services from a contract building official shall notify the division of this intent and must comply with 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866).

(b) All municipalities that administer an existing program shall apply for renewal of their building program by January 31, 2022, for renewal effective July 1, 2022.

History

Statutory/Other Authority: ORS 455.148 & ORS 455.150
Statutes/Other Implemented: ORS 455.148 & ORS 455.150
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 21-2020, temporary amend filed 10/06/2020, effective 10/09/2020 through 04/06/2021
BCD 7-2020, temporary amend filed 04/10/2020, effective 04/12/2020 through 10/08/2020
BCD 12-2019, temporary amend filed 10/15/2019, effective 10/15/2019 through 04/11/2020
BCD 3-2019, temporary amend filed 04/15/2019, effective 04/18/2019 through 10/14/2019
BCD 27-2018, temporary amend filed 10/18/2018, effective 10/20/2018 through 04/17/2019
BCD 10-2018, temporary amend filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 16-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 918-020-0180 Reporting Periods

(1) All municipalities administering and enforcing a building inspection program on or after July 1, 2022, shall have four-year reporting periods. The division shall divide the municipalities administering and enforcing building inspection programs into four separate reporting groups identified as Group One, Group Two, Group Three and Group Four. Reporting periods for each group shall begin on July 1 of the first year and shall end on June 30 of the fourth year, except as provided by Sections (2) to (5) of this rule.

(2) The first reporting period for municipalities in Group One shall start on July 1, 2022, and end on June 30, 2023. All subsequent reporting periods shall be four years.

(3) The first reporting period for municipalities in Group Two shall start on July 1, 2022, and end on June 30, 2024. All subsequent reporting periods shall be for four years.

(4) The first reporting period for municipalities in Group Three shall start on July 1, 2022, and end on June 30, 2025. All subsequent reporting periods shall be for four years.

(5) The first reporting period for municipalities in Group Four shall start on July 1, 2022, and end on June 30, 2026. All subsequent reporting periods shall be for four years.

(6) The first reporting period for municipalities authorized to administer and enforce new building inspection programs shall start July 1 of the first year the municipality is authorized to administer and enforce a new building inspection program and shall end on June 30 of the fourth year. All subsequent reporting periods shall be for four years.

(7) A municipality that amends an existing building inspection program through the assumption of a new code program shall not alter its reporting period.

(8) All municipalities enforcing building inspection programs shall amend their operating plan within 30 days when changes occur and submit a copy of the amended operating plan to the division.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.150
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96

Or. Admin. R. 918-020-0190 Program Review

(1) General Review. The division may conduct a general review of a municipal building inspection program during a municipality’s reporting period to verify that the municipality is operating in conformity with the specific goals contained in the municipality’s operating plan. The division may also review building inspection programs to verify compliance with any correction plans submitted by a municipality where a municipality is not operating in conformity with the specific standards contained in its operating plan. The division shall notify a municipality at least 21 days prior to beginning a general review.

(2) Interim Review. The division may perform an interim review of a municipal building inspection program any time the division receives a complaint or other information that reasonably suggests a municipality is not operating in conformity with its operating plan or has failed to comply with the minimum standards for the administration and enforcement of building inspection programs described in these rules. Prior to beginning an interim review the division shall notify the building official in writing by certified or registered mail of the standards to which the municipality is alleged to have failed to comply. The building official shall have 30 days to respond to the notice. If the building official fails to respond or does not adequately address the issues raised by the division in the notice, the division may conduct an interim review.

(3) Building inspection programs administered and enforced by the division shall be subject to a general review in the same manner prescribed for municipal building inspection programs. The administrator shall prepare and deliver a final report to the director and interested persons for review.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.150
BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96

Or. Admin. R. 918-020-0200 Review Procedures

(1) The administrator may appoint one active building official from a municipality similar in size to the municipality subject to review and one contractor from an area similar in size to the municipality subject to review to assist and advise division staff during a general or interim review. Prior to beginning any general or interim review the division shall conduct an initial interview with the building official.

(2) Review of Records. The division shall request that a municipality provide revenue and expense information prior to the actual site visit, and the opportunity to review documents and records, whether electronic or other media, regarding the administration and enforcement of a building inspection program.

(3) General Administration and Compliance Review. The division shall review and verify compliance with the general administration and compliance program requirements described in OAR 918-020-0090.

(4) Review of Prior Approved Construction Plans. The division may review a random selection of construction plans approved by the municipality during the subject reporting period and verify compliance with the minimum requirements of the applicable specialty codes.

(5) Review of Inspections. The division may review a random selection of inspections completed by the municipality during the subject reporting period and verify compliance with the applicable specialty codes.

(6) Post-Review Interview. At the completion of a general or interim review the division shall conduct a post-review interview with the building official or person designated by the building official. The reviewer shall describe the general results of the review, issue written notice regarding any failure to conform with the municipality’s operating plan that requires immediate attention, and generally respond to any questions.

(7) Final Report. The division shall prepare and deliver a final written report describing the results of the review to a municipality within 60 days of completing a review.

(8) The municipality being reviewed shall respond to the division’s final report conclusions within 30 days after receipt of the report, or request an extension.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.150
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96

Or. Admin. R. 918-020-0210 Nonconformance Notice and Program Revocation

(1) Nonconformance Notice:

(a) Where required, the division shall issue a nonconformance notice to the building official and chief executive officer concurrently with the written report. A nonconformance notice shall be served on the building official and chief executive officer by certified or registered mail. A nonconformance notice shall only be issued following a review where a municipality fails to comply with any of the general standards for the administration and enforcement of a building inspection program contained in these rules;

(b) Within 30 days of receiving a nonconformance notice a municipality shall file a proposed written correction plan with the division containing a detailed description of the actions and timeline the municipality proposes to correct each nonconformance noted in the final report;

(A) Accept or deny a proposed correction plan within 30 days of receiving any plan;

(B) Advise a municipality in writing of the portions of the plan which do not adequately address any nonconformance noted. A municipality must submit a final correction plan within 30 days of receiving the division’s response to a proposed correction plan; and

(C) Advise a municipality of any matters that require immediate attention where a review reveals an imminent risk of personal injury or threat to health and safety.

(2) Program Revocation. The division may revoke a municipality’s authority to administer and enforce a building inspection program or part of a program following a review if the municipality fails to:

(a) Submit a proposed correction plan after receiving a nonconformance notice;

(b) Submit an acceptable final correction plan after receiving comments from the division regarding a proposed correction plan; or

(3) Review of Proposed Revocation.

(a) The administrator may appoint a five-person panel to review a recommendation to revoke a municipal building inspection program. The panel shall consist of two building officials from jurisdictions similar in size to the municipality subject to the proposed revocation, two contractors from areas similar in size and character to the municipality subject to the proposed revocation and one person to be determined by the administrator;

(b) The panel shall:

(A) Review the final report delivered to the building official together with any correction plans submitted by the municipality subject to the proposed revocation but may allow the municipality subject to the proposed revocation to submit additional materials in response to the proposed revocation; and

(B) Submit final recommendations to the administrator within 45 days of its program review.

(4) Final Decision. The administrator shall issue a written decision revoking a municipality’s authority to administer and enforce a building inspection program. The decision shall be based on the final report delivered to the building official, any correction plans submitted by the municipality and recommendations, if any, submitted by a review panel appointed by the administrator. Judicial review of the decision will be available as provided for in statute.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.150
BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96

Or. Admin. R. 918-020-0220 Fee Adoption Standards

(1) In addition to the standards set forth in ORS 455.210 and 479.845, a municipality intending to adopt new or increased building inspection program fees for any specialty code administered and enforced by the municipality shall comply with all of the following standards:

(a) The municipality shall notify the division of such adoptions at least 45 days prior to the adoptive date. The notification shall include a summary of the following:

(A) The affected specialty code or program areas;

(B) A description of the proposed building inspection program fees including the approximate percentage increase when applicable;

(D) The date of the last fee increase in the specialty code or program area if applicable;

(E) The anticipated date, time and location of the local municipal hearing scheduled pursuant to ORS 294.160;

(F) The name, phone number and title of a contact person; and

(G) A narrative explaining the purpose of the proposed fee adoption.

(b) Upon notification from the division that an appeal request has been received under ORS 455.210 or 479.845, the municipality shall submit further documentation to be received by the division within 15 days following notification. This documentation shall include, but not be limited to:

(A) A narrative explaining why the building inspection program fees are necessary at the level proposed;

(B) The municipality’s newly adopted fee schedule and, if applicable, the prior fee schedule;

(C) Revenue and expense information for the building inspection program including the current fiscal year, including a minimum of 12 months actual and 12 months projected revenues and expenses;

(D) An explanation of the municipality’s cost allocation method(s) for expenses;

(E) An explanation of all reserve and ending fund balances;

(F) A determination of whether the fee is reasonable, including an analysis of whether the fee is:

(i) Comparable to fees charged by other municipalities of similar size and geographic location for the same level of service;

(ii) Established through the same or similar calculation methods used by other municipalities; and

(iii) The same type as those charged by other municipalities for similar services; and

(G) The identification of any potential building inspection program changes that are anticipated as a result of the proposed fee.

(c) The municipality shall update its operating plan within 30 days of the adoption of a new building inspection program fee schedule including sufficient information to demonstrate how the fee revenue will be used within the building inspection program and shall provide a copy of the updated operating plan to the division.

(2) The division shall establish and maintain a list of all interested persons who wish to receive notice of all planned fee adoptions for building inspection programs. The division shall notify in writing all interested persons on the division’s mailing list within 15 days of receiving a municipal notice of intent to adopt building inspection program fees.

(3) Upon a determination that the municipality failed to meet any of the fee adoption standards, the director may deny a fee adoption or require a municipality to rescind that portion of a local ordinance or regulation and readopt building inspection program fees. A municipality shall refund all building inspection program fees collected under the rescinded ordinance that exceed the prior building inspection program fee schedule, unless a waiver is approved by the director upon written request from the municipality. Copies of the waiver request shall be forwarded by the division to the interested parties list.

History

Statutory/Other Authority: ORS 455.030, ORS 455.148 & ORS 455.150
Statutes/Other Implemented: ORS 455.148, ORS 455.150, ORS 479.845 & ORS 455.210
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 15-2002, f. & cert. ef. 7-1-02
BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96

Or. Admin. R. 918-020-0230 Contract Building Officials

(1) Use of Contract Building Officials.

(a) City.

(A) A city may procure services from a contract building official only if the city complies with the provisions of 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 2, Paragraph (a) (Enrolled SB 866) and 2021 Oregon Laws Ch. 599, Sec. 5 (Enrolled SB 866).

(B) A city that procured services from a contract building official within the period described in 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 2 (Enrolled SB 866) 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.

(b) County. A county may procure services from a contract building official only if the county complies with the provisions of 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 2, Paragraph (b) (Enrolled SB 866).

(2) Notice from a Contract Building Official. Within five business days from making a discretionary decision, the contract building official must:

(a) Notify a qualified employee in writing of the discretionary decision; and

(b) Notify a permit applicant in writing of the discretionary decision that relates to the permit application. This notice must list and describe available opportunities for a hearing and appeal of the decision.

History

Statutory/Other Authority: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
BCD 12-2021, adopt filed 11/18/2021, effective 01/01/2022

Or. Admin. R. 918-020-0240 Qualified Employees

(1) Training.

(a) Basic Training. Before exercising oversight over a contract building official, a qualified employee must complete the division’s basic training course for qualified employees.

(b) Advanced Training. Within 180 days after a municipality’s designation of the individual as a qualified employee, the qualified employee must complete the division’s advanced training course for qualified employees.

(c) The director will provide the qualified employee with evidence of satisfactory completion of the basic training and advanced training course.

(2) Duties. A qualified employee must review and ratify or disapprove a contract building official’s discretionary decision in writing within 30 days after receiving notice of the decision.

History

Statutory/Other Authority: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
BCD 12-2021, adopt filed 11/18/2021, effective 01/01/2022

Or. Admin. R. 918-020-0250 Local Boards

(1) Use of Local Boards.

(a) Except as otherwise provided in subsection (b) and (c) of this section, 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 city does not need to 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 rule, all appeals of the discretionary decisions of the city’s contract building official.

(c) A county does not need to establish a local board if an adjacent county has a local board that hears, in accordance with this rule, 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.

(d) Agreements.

(A) 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 rule.

(B) A county may enter into an agreement with an adjacent county to hear appeals in accordance with this rule.

(2) Membership of Local Boards.

(a) If a city establishes a local board under section (1)(a) of this rule, the city 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.

(b) If a county establishes a local board under section (1)(a) of this rule, the county must include as a member a building official from an adjacent county.

(A) Any contract building official; or

(B) An owner, manager, director, officer or employee of a person, other than an employee of the municipality, that performs building inspections.

(d) 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 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 householder owns or manages or for which the family member or member of the household provides services as an employee, agent or contractor.

History

Statutory/Other Authority: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
BCD 12-2021, adopt filed 11/18/2021, effective 01/01/2022

Or. Admin. R. 918-020-0260 Appeals of Discretionary Decisions to the Local Board

(1) After receiving notice of the building official’s discretionary decision, a permit applicant has 30 days to submit an appeal to the local board.

(2) In an appeal before the local board, the permit applicant has the burden of establishing 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.

(3) Upon receipt of a notice of appeal, the local board has 30 days to review the appeal and issue a determination.

(4) The appeal rights to which a permit applicant is entitled before a local board is in addition to, and not in lieu of, any other rights of appeal the permit applicant may have.

History

Statutory/Other Authority: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
BCD 12-2021, adopt filed 11/18/2021, effective 01/01/2022

Or. Admin. R. 918-020-0270 Enforcement of 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)

(1) If the director has reason to believe that a violation of 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) has occurred, the director may issue notice and take action under 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 8 (Enrolled SB 866).

(2) If the director finds that a violation of ORS 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) has occurred, the director may issue and serve a written order upon the municipality, or upon a contract building official 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. In addition, the director may require the municipality to:

(a) Increase the frequency of the audit required under 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 6 (Enrolled SB 866) to once per year;

(b) Submit a written plan that describes how the municipality will achieve compliance with 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866). If the director accepts the plan, the director will incorporate the provisions of the plan into an order that is binding upon the municipality;

(d) If the director finds that a pattern of violations of 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) has occurred, 2021 Oregon Laws Ch. 599, Sec. 2, Subs. (9), Paragraph (c) (Enrolled SB 866) applies.

History

Statutory/Other Authority: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
BCD 12-2021, adopt filed 11/18/2021, effective 01/01/2022

Or. Admin. R. 918-020-0370 Local Amendment Requests

(1) A local municipality may request under ORS 455.040 a local amendment relating to matters covered under the building code, by submitting to the division, in writing, a local amendment application. The application must include:

(a) The reason for the request;

(b) The name of, and contact information for, the building official responsible for submitting the request and enforcing and interpreting the local amendment if approved;

(d) A copy of the report required by section (2)(b) of this rule.

(2) Prior to submitting a request for a local amendment under ORS 455.040, a municipality must:

(a) Provide for a public hearing or public meeting in the manner required by applicable municipal or state law; and

(b) Submit a report to the division. The report must:

(A) Summarize comments received;

(B) Outline the impacts of the local amendment;

(D) Identify the financial or regulatory incentives provided by the municipality to businesses or contractors impacted by the local amendment request;

(E) Estimate the fiscal impact of the local amendment.

(i) If the proposed amendment impacts residential construction, identify the additional construction cost per square foot to develop a 6,000 square foot parcel and to construct a 1,200 square foot detached single family dwelling on that parcel; or

(ii) If the proposed amendment impacts commercial construction, identify the additional construction cost per square foot to develop a 20,000 square foot parcel and to construct a 10,000 square foot B or M occupancy type. If the proposed amendment does not impact B or M occupancy structures, then the local jurisdiction shall identify the structure type and provide similar construction cost information for the impacted type of structure to the extent it applies to the above parameters.

(F) Describe the stakeholder outreach, summarize groups communicated with and the result of that communication; and

(G) Identify any other communities the municipality discussed the proposed amendment with and whether a regional solution was considered.

(3) Local amendments shall not contain a severance clause. The content of the local amendment as interpreted and approved by the division represents the terms and conditions of the approval. Where one or more provisions are deemed invalid, the entire local amendment is invalidated.

(4) Once the local amendment request is received, the division will review the request and the municipality’s proposed amendment, and either approve the proposed local amendment in whole or in part, or deny the request. The division may approve the local amendment with conditions.

(5) Once the local amendment’s provisions are approved by the division they cannot be changed. If a municipality wishes to change the provisions, they must submit a new amendment request for the division’s approval.

(6) The building official for the municipality, identified in subsection (1)(b) of this rule, requesting the local amendment will be responsible for enforcing and interpreting the amendment once it is approved.

(7) The division may, upon written request, issue a directive to the building official to ensure that the local amendment is being administered according to the terms and conditions of the approval.

(8) A local amendment may be reviewed occasionally by the division to determine if it continues to be viable.

(9) The division reserves the right to terminate approval of the local amendment based on new information, including but not limited to, changes in technology, conflicts with model codes, changes in accepted practices under the applicable model codes, and failure of the building official to uphold the terms, conditions, or any directives related to the local amendment.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.040
BCD 10-2013, f. 12-16-13, cert. ef. 1-1-14
BCD 8-2013(Temp), f. 9-27-13, cert. ef. 10-1-13 thru 3-30-14
BCD 28-2008, f. 12-31-08, cert. ef. 1-1-09

Or. Admin. R. 918-020-0390 Alternative Approval Process for Single-Family Dwelling Conversions

(1) For the purpose of an alternative approval process for single-family dwelling conversions as used in this rule, the listed terms are defined as follows:

(a) “Alternate method” means a proposal from an alternate approval process permit applicant to meet the standard of care for fire life safety protection for the items listed in section (2) of this rule as required by the state building code for a dwelling conversion in a manner other than what is listed in code, including consideration of alternate construction methods and materials that achieve equivalent safety.

(b) “Modification” means a proposal from an alternate approval process permit applicant for dwelling conversion to address one or more building code requirements in a similar manner as required by the state building code. A modification is not a waiver. Modifications address the general code requirement but do not have to meet an equivalent standard of care, or a specific code requirement. A modification is not permissible for the items listed in section (2) of this rule.

(c) “Waiver” means a proposal from an alternate approval process permit applicant for dwelling conversion to waive a non-building safety code requirement. A waiver is not permissible for the items listed in section (2) of this rule.

(2) A municipality administering and enforcing a building inspection program under ORS 455.148 or 455.150 shall, upon written request from an applicant for a building permit, exercise its ability to grant a local alternate approval, including alternate methods, modifications, and waivers under the state building code for projects related to conversion of a single-family dwelling to no more than four dwelling units. When making decisions regarding such a permit application, a building official may grant an alternate method for the following elements:

(a) Means of egress requirements, including emergency escape and rescue openings;

(b) Smoke alarms, carbon monoxide alarms, and radon gas mitigation;

(d) Required automatic fire sprinkler systems.

(3) In making decisions related to an alternate method for conversion of an existing single-family dwelling into no more than four dwelling units, a building official may consider whether an automatic sprinkler system is technically feasible and consider alternate methods and materials, provided that adequate safeguards exist to address the items listed in section (2) of this rule and other appropriate measures are in place to ensure public safety, fire and smoke control, and safe egress.

(4) A building official may accept an alternate method, a modification, or waiver of other code items pertaining to the conversion of existing single-family dwellings into no more than four dwelling units. However, consistent with the discretionary decision making powers granted to building officials, and consistent with this rule, a building official may not approve a condition that would create an imminent threat to public health and safety.

(5) Applicable standards for the conversion of a single-family dwelling as follows:

(a) A conversion into two dwelling units follows the construction standards of the Oregon Residential Specialty Code; and

(b) A conversion into three or four dwelling units follows the construction standards of the Oregon Structural Specialty Code.

History

Statutory/Other Authority: ORS 455.610
Statutes/Other Implemented: ORS 455.610
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 1-2020, amend filed 01/14/2020, effective 01/14/2020
BCD 2-2018, adopt filed 02/23/2018, effective 03/01/2018
BCD 13-2017, temporary adopt filed 09/29/2017, effective 09/29/2017 through 03/27/2018

Or. Admin. R. 918-020-0400 Statewide Master Builder Program — Application, Scope and Purpose

The purpose of OAR 918-020-0400 to 918-020-0490 is to allow building officials to delegate plan review and verification authority to qualified builders. The division shall set statewide criteria to approve applications and administer testing for a master builder certification.

History

Statutory/Other Authority: ORS 455.805 & 455.810
Statutes/Other Implemented: ORS 455.805 & 455.810
BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02

Or. Admin. R. 918-020-0410 Statewide Master Builder Program — Definitions

For the purpose of OAR 918-020-0400 through OAR 918-020-0490, the following definitions apply:

(1) "Building trade committee" means a group, including, but not limited to, two local general contractors, one local building official and any other persons having substantial expertise in various aspects of one and two family dwelling construction.

(2) "General contractor" has the meaning given in ORS 701.005.

(3) "Master builder" means a person certified under the provisions of OAR 918-020-0420.

(4) "Qualified Construction Company" means a company that has been continuously licensed by the Construction Contractors Board during:

(a) The preceding five years as a general contractor; or

(b) At least the preceding two years as a general contractor and by one or more other states during the balance of the preceding five years in an occupation equivalent to that of a general contractor.

(5) "Regular employee" is someone who:

(a) Is continuously employed by, and on the regular payroll of, a qualified construction company;

(b) Has filed a withholding exemption certificate pursuant to ORS 316.182 for work performed for the qualified construction company; and

(c) Is available during working hours to supervise on-site dwelling construction including, but not limited to, supervising the installation through completion of:

(A) Drywall;

(B) Electrical systems;

(D) Foundations;

(E) Framing;

(F) Insulation;

(G) Mechanical systems;

(H) Plumbing systems; and

(I) Stairs.

(6) "Whole dwelling remodel" means a project that includes the installation in an existing dwelling of all the following:

(a) Footings;

(b) Foundations;

(d) Work that includes the installation of plumbing, electrical and mechanical systems;

(e) Insulation; and

(f) Drywall.

History

Statutory/Other Authority: ORS 455.805 & ORS 455.810
Statutes/Other Implemented: ORS 455.805 & ORS 455.810
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02

Or. Admin. R. 918-020-0420 Statewide Master Builder Program — Training and Experience Required of an Individual

(1) An individual desiring to obtain or renew a master builder certificate shall have the following prerequisites prior to applying to the division:

(a) Be an owner or regular employee of a qualified construction company and be authorized by the company to provide assurance to the division that all state and local code requirements are met;

(b) In each of the five preceding calendar years, have either performed or supervised dwelling construction or whole dwelling remodel. In at least two of the five years, the construction or remodel shall have occurred in a geographic area that has or implements a master builder program; and

(c) Provide verification of completion of an approved training program on the current adopted One- and Two-Family Dwelling Specialty Code.

(2) An approved program shall include, but need not be limited to, 36 hours of instruction in:

(a) Administration;

(b) Chimneys and fireplaces;

(d) Energy conservation;

(e) Footings and foundations;

(f) Roof-ceiling construction;

(g) Roof coverings;

(h) Site inspections or conditions;

(i) Wall construction, assemblies and coverings; and

(j) Wood and metal framing.

(3) Individuals desiring to be a master builder shall apply to the division using division supplied forms and pay an application fee of $150. Examinations are approved and administered by the division and cover the provisions of the One- and Two-Family Dwelling Specialty Code, excluding electrical, plumbing and mechanical. Individuals must score a minimum of 75 percent to successfully pass the exam.

(4) Individual applications shall be denied if:

(a) The applicant is the subject of an adverse final order issued by the Construction Contractors Board or the division based upon acts committed within the 36 months preceding the application date that:

(A) Violated a specialty code, licensing or permit requirement; or

(B) Resulted in a claim being filed with the board or the division against the individual.

(b) If the individual is an owner of a qualified construction company, an adverse final order issued against the company is an adverse order issued against the individual;

(A) Completion of an approved training program cannot be verified; or

(B) The applicant fails to pass the division-approved examination.

(5) Upon determining that the applicant has successfully met all requirements for certification as a master builder, the division shall issue a certificate to the individual applicant.

(6) The division shall maintain a list of master builders.

(7) The division may deny, refuse to renew, suspend or revoke certification as a master builder if the individual fails or ceases to meet the criteria for certification set forth in OAR 918-020-0420 or engages in actions resulting in a waiver revocation under OAR 918-020-0480. Pursuant to ORS Chapter 183, an applicant may request a contested case hearing upon a denial or refusal to renew or prior to a suspension or revocation of certification.

(8) Certification as a master builder expires on April 1 no later than three years after the date of issuance unless suspended or revoked. An individual may renew a certificate that is in good standing by:

(a) Providing evidence that the person continues to meet the requirements of subsections (1)(a) and (b) of this rule;

(b) Providing evidence of continuing education as required by attending a division-approved class covering recent code changes in the One- and Two-Family Dwelling Specialty Code, excluding electrical, plumbing and mechanical, no later than 12 months after the code effective date; and

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.805 & 455.810
Statutes/Other Implemented: ORS 455.805 & 455.810
BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02

Or. Admin. R. 918-020-0430 Voluntary Establishment of a Master Builder Program

(1) Local jurisdiction establishment of a master builder program is voluntary. A local jurisdiction electing to establish a program shall notify the division through their operating plan. If terminating a program, the local jurisdiction shall give notice to the division 180 days prior to terminating the program.

(2) The division may implement a master builder program in one or more geographic areas for which the division provides plan review or inspection services.

(3) A jurisdiction may not allow an individual to perform the duties of a master builder unless the jurisdiction has a master builder program.

(4) The division shall maintain a list of jurisdictions that are participating in the statewide master builder program.

History

Statutory/Other Authority: ORS 455.805 & 455.810
Statutes/Other Implemented: ORS 455.805 & 455.810
BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02

Or. Admin. R. 918-020-0440 Statewide Master Builder Program — Inspection Requirements that May Be Waived

(1) Subject to OAR 918-020-0430 and 918-020-0450, a building official may waive certain jurisdictional responsibilities to a master builder on a project by project basis for the following inspections:

(a) Drywall;

(b) Footings and setbacks;

(d) Insulation;

(e) Masonry fireplace pre-cover;

(f) Masonry rebar;

(g) Gutters, downspouts and foundation drains;

(h) Roof sheathing nailing;

(i) Suspended ceiling;

(j) Underfloor structural; and

(k) Wall sheathing nailing.

(2) A building official for a jurisdiction that has a master builder program shall conduct inspections of at least 10 percent of projects built under a master builder program.

History

Statutory/Other Authority: ORS 455.805 & 455.810
Statutes/Other Implemented: ORS 455.805 & 455.810
BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02

Or. Admin. R. 918-020-0450 Statewide Master Builder Program — Criteria to Waive Inspections or Plan Review

(1) Under a master builder program, a building official may waive on a project-by-project basis some plan review elements and one or more of the required inspections identified in OAR 918-020-0330, if:

(a) A master builder submits construction plans regulated by the One- and Two-Family Dwelling Specialty 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.

(2) A building official may not waive jurisdictional 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.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.805 & 455.810
Statutes/Other Implemented: ORS 455.805 & 455.810
BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02

Or. Admin. R. 918-020-0460 Statewide Master Builder Program — Verification Requirements

A master builder shall:

(1) Perform all plan review and required verifications that the building official has waived; and

(2) Maintain copies of all documents and reports required by the local jurisdiction granting the waiver and provide those copies to the building official upon request.

History

Statutory/Other Authority: ORS 455.805 & 455.810
Statutes/Other Implemented: ORS 455.805 & 455.810
BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02

Or. Admin. R. 918-020-0470 Statewide Master Builder Program — Assumption of Responsibility

(1) 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 that states that the master builder accepts the duty of performing the review and verifications.

(2) 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 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.

History

Statutory/Other Authority: ORS 455.805 & 455.810
Statutes/Other Implemented: ORS 455.805 & 455.810
BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02

Or. Admin. R. 918-020-0480 Statewide Master Builder Program — Revocation of Waiver

A building official who has a master builder program:

(1) May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, plan review or verification duties as required by these rules; and

(2) Shall, within 90 days, notify the division when the building official revokes a waiver.

History

Statutory/Other Authority: ORS 455.805 & 455.810
Statutes/Other Implemented: ORS 455.805 & 455.810
BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02

Or. Admin. R. 918-020-0490 Statewide Master Builder Program — Effective Dates

(1) If an individual applies on or before January 1, 2006, to be a master builder, and the individual has performed or supervised a dwelling construction or whole dwelling remodel in each of the five preceding calendar years, the division may waive the geographical requirement of OAR 918-020-0420(b);

(2) Section (1) of this rule is repealed July 1, 2007. The repeal does not invalidate any certification granted prior to July 1, 2007.

(3) If an individual was certified under a master builder pilot program, the division may waive any requirement of OAR 918-020-0420(1)(b) and (c), in granting master builder certification to that individual. If an individual was certified under a pilot program and is in good standing under that pilot program, the division may grant the individual temporary certification that allows the individual to act as a master builder in accordance with these rules for the purpose of completing a project commenced under the pilot program. The temporary certification shall expire 90 days following December 31, 2001. Notwithstanding OAR 918-020-0450, a waiver under a pilot program granted by a building official to a master builder on or before December 31, 2001, shall continue to be valid for an individual with a temporary certification under this section.

History

Statutory/Other Authority: ORS 455.805 & 455.810
Statutes/Other Implemented: ORS 455.805 & 455.810
BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02

Division 30 GENERAL LICENSING REQUIREMENTS

Or. Admin. R. 918-030-0000 Purpose and Scope

OAR 918, division 30 establishes the general licensing requirements and procedures for individuals and businesses licensed by the appropriate board or by Building Codes Division. These rules apply to individuals and businesses required to be licensed under provisions of ORS chapters 447.110 to 447.156, 460.005 to 460.175, 479.510 to 479.945, 480.510 to 480.670 and 693.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 183.335 & 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0010 Definitions

As used in OAR 918, division 30 and division 35, terms are defined as follows unless context requires otherwise:

(1) “Applicant” means a person that applies for a license in the manner established by these rules.

(2) “Appropriate Board” means the advisory board that has authority over a particular license or licensee.

(3) “Appropriate rules” refers to the administrative rules containing specific licensing criteria that are located in OAR 918 division 225, division 282, division 400, division 695 and division 780.

(4) “Code cycle” means the period from adoption of the current Oregon Specialty Code to the adoption of a new Oregon Specialty Code. Adoption refers to the base model code and does not mean amendment of the Oregon Specialty Code.

(5) “Director” means the Director of the Department of Consumer and Business Services.

(6) “Lawful work experience” means work experience in a jurisdiction that was gained in compliance with that jurisdiction’s regulations. Lawful experience may include:

(a) Work experience gained while licensed for the scope and type of work performed; and

(b) Work experience gained while in the employ of a licensed employer when the employee is not required to have a license.

(7) “Person” means individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, and public agencies. "Person" also means the owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company if:

(a) The interest allows the owner or holder to participate in the management of the business; and

(b) The owner or holder of the interest has either had a division issued license revoked or been the recipient of a notice of proposed civil penalty from the director or the appropriate board.

(8) For purposes of ORS 447.040, 479.620, 480.630 and any other license regulated by ORS chapter 455, “engaging in the business” means to advertise or solicit, contract or agree to perform, or to perform, work for which a license or permit is required under Oregon law, including but not limited to a single instance.

(9) “Reciprocal Jurisdiction” means a state with a current reciprocal licensing agreement with the state of Oregon.

(10) “Registered” when referring to an apprenticeship program or a training committee means that the program or committee has been registered under the standards adopted by the Oregon Bureau of Labor and Industries or approved by the appropriate advisory board.

(11) “Valid” license means a license issued by either the appropriate board or division that has not expired and has not been suspended or revoked.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 183.335, 455.117 & 455.127
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0015 Contractor Licenses

(1) This rule applies to contractors’ licenses issued by the division for the following: boiler contractors, electrical contractors, elevator contractors, and plumbing contractors.

(2) These contractors must possess or maintain a Construction Contractors Board license under ORS Chapter 701 or OAR Chapter 812. Possession of a Construction Contractors Board license does not replace any license required by the division or the appropriate board.

(3) Any applicant for a division-issued contractor’s license must provide verification of appropriate Construction Contractors Board licensing.

(4) The division or appropriate board may suspend, revoke, or refuse to renew any contractor license if the licensee fails to maintain a required Construction Contractors Board license. Failure to maintain a required Construction Contractors Board license includes, but is not limited to, suspension, termination, or revocation by the Construction Contractors Board, or failure to renew with the Construction Contractors Board.

History

Statutory/Other Authority: ORS 447.040, 455.117, 479.630 & 480.630
Statutes/Other Implemented: ORS 447.040, 455.117, 479.630 & 480.630
BCD 4-2007, f. 3-30-07, cert. ef. 4-1-07

Or. Admin. R. 918-030-0020 Application Process

(1) An applicant must apply for a license on a division form or by completing an online application available through the division’s Web site.

(2) In order to be approved the application must include:

(a) Applicable examination and application fees; and

(b) Verification of training, work experience or other documentation submitted in the manner established by OAR 918-030-0030.

(3) Nothing in chapter 918, division 030 prevents an applicant for a license from faxing or scanning and e-mailing documents.

(4) An applicant may not sit for an examination or receive a license unless the division approves the application.

(5) An applicant required by statute or appropriate rule to pass a written examination must score at least 75 percent correct.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0030 Application — Qualifying Criteria

All applicants must submit proof of qualifying criteria as required by the appropriate rules and in the manner established by this rule.

(1) Submit training and experience verification as follows:

(a) A certificate of completion from a registered apprenticeship program, or a referral letter from either the registered training committee or a board approved training program stating the applicant is qualified to take the examination. The division will accept completion from an apprenticeship program that is not registered only if it meets the Oregon standard for apprenticeship training.

(b) A copy of a valid license from a reciprocal jurisdiction or a letter from the reciprocal jurisdiction stating that the applicant is currently licensed. Only reciprocal jurisdiction licenses obtained through examination meet this requirement; or

(c) Other verification of equivalent training and experience submitted in the manner established in OAR 918-030-0040 and 918-030-0050.

(2) Electrical license applicants who are required to submit proof of related training classes may alternatively submit verification of twice the amount of equivalent work experience required for the license.

(3) Applicants required to take an examination must submit proof of a high school diploma, GED or international equivalent. A college degree will substitute for the requirements of this section.

(4) For purposes of qualifying for a license, the division will consider no more than 2,000 hours of experience per year.

(5) Only lawful work experience is accepted. The appropriate board or division determines whether an applicant’s work experience is lawful. If an applicant disagrees with the determination, the applicant must provide evidence clearly demonstrating that, at the time the disputed work was performed, the work experience was lawful under the laws of the jurisdiction in which work was performed.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05
BCD 19-2004, f. 9-30-04, cert. ef. 10-1-04

Or. Admin. R. 918-030-0040 Application — Other Verification

(1) Applicants submitting other verification of equivalent training and experience under OAR 918-030-0030(1)(c), must provide verification from the following persons:

(a) Verification from a current or previous employer actively involved with the applicant’s work; or

(b) If the current or previous employer is no longer in business, is deceased or otherwise cannot be located, verification from the individual that supervised the work; or

(c) Only if both the employer and the supervisor cannot be located, verification from a co-worker that was directly involved in the work performed. Co-worker verification must be accompanied by supporting documentation, such as employment records, showing that the verifier worked with the applicant and has knowledge of the work performed.

(2) The appropriate board may approve alternate verification of training and experience on a case-by-case basis.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0045 Application — Oregon Reciprocal License Requirements

(1) The purpose of these rules is to assist the citizens of Oregon and reciprocating states with substantially similar electrical and plumbing licensing criteria to obtain a license without examination.

(2) For the purposes of this rule the following definitions apply:

(a) “Reciprocal Applicant” means a person applying for a reciprocal license.

(b) “Reciprocal License” means a license issued by Oregon to a person who qualifies under these rules.

(d) “Work Experience” refers to work experience obtained through a registered apprenticeship program. Work experience may also refer to work experience verified in the manner established by OAR 918-030-0040 or 918-030-0050.

(3) To qualify for a license under these rules, a reciprocal applicant must prove that they:

(a) Possess an equivalent or higher license from the reciprocal state that is current and active with no violations or conditions attached within the past three (3) years;

(b) Qualified for the equivalent or higher license from the reciprocal state through required work experience and by passing an examination in the reciprocal state with a score of 75 percent or better;

(d) Have not taken and failed the Oregon examination within the past two (2) years for the license type they are applying to reciprocate.

(4) A reciprocal applicant for a general journeyman electrical license may also qualify for a license under these rules by proving that they:

(a) Possess an equivalent or higher license from the reciprocal state that is current and active with no violations or conditions attached within the past three (3) years;

(b) Qualified for the equivalent or higher license from the reciprocal state as required by the reciprocal agreement, and by passing an examination in the reciprocal state with a minimum score as required in the reciprocal agreement;

(d) Have not taken and failed the Oregon examination for a general journeyman electrical license within the past two (2) years.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 14-2020, amend filed 08/12/2020, effective 10/01/2020
BCD 13-2020, temporary amend filed 08/12/2020, effective 08/12/2020 through 09/30/2020
BCD 11-2008, f. 6-30-08, cert. ef. 7-1-08
BCD 1-2008(Temp), f. & cert. ef. 1-3-08 thru 7-1-08

Or. Admin. R. 918-030-0050 Application — Verification of Military Training and Experience

(1) Experience and training gained through the military is evaluated on a case-by-case basis. The experience and training must be equivalent to the license criteria established by the appropriate rules.

(2) Military training and experience must be submitted as follows:

(a) Official documentation from supervising officials showing the type and approximate hours of work experience; or

(b) Other reliable documentation verifying training and experience if supervisory officials cannot be located.

History

Statutory/Other Authority: ORS 183.335
Statutes/Other Implemented: ORS 183.335
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0060 Application — Reapplying After Failed Examination

(1) An applicant who fails an examination may reapply for the license at any time as provided in OAR 918-030-0020. There is no waiting period to reapply after a failed exam.

(2) An applicant who reapplies is not required to re-qualify for examination or provide work history information unless the requirements for the license have changed since the applicant originally applied for the license.

(3) Exam retakes are scheduled no less than 30 days from the date of the failed exam.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 2-2007, f. 3-30-07, cert. ef. 4-1-07
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0100 Continuing Education Generally

(1) OAR 918-030-0100 to 918-030-0150 establishes minimum continuing education requirements for licensees.

(2) The hourly continuing education requirements can be met by approved class, online or correspondence courses.

(3) When a continuing education course is taught in more than one session, credit is only granted upon completion of the entire course.

(4) Table 2-A lists the effective dates for the Oregon rule and law course requirements for specific licenses.

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 4-2013, f. 3-29-13, cert. ef. 4-1-13
BCD 17-2012(Temp), f. 12-21-12, cert. ef. 12-22-12 thru 5-31-13
BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
BCD 2-2004, f. 2-13-04, cert. ef. 4-1-04

Or. Admin. R. 918-030-0120 Licenses Requiring 24 Hours of Continuing Education

(1) During each three-year license cycle, the following license holders are required to complete 24 hours of approved continuing education. The hours must include code-change courses in the amounts below, and after the date listed in OAR 918-030-0100 Table 2-A must include a 4-hour Oregon rule and law course meeting the standards established in OAR 918-035-0055. The Oregon rule and law course is in addition to the code-change hour requirement:

(a) General Supervising Electrician: must include 12 hours of code change;

(b) Limited Supervising Electrician: must include 12 hours of code change;

(d) Journeyman Plumber: must include 4 hours of code change.

(2) During each three-year license cycle, the following license holders are required to complete 24 hours of approved continuing education:

(a) Class 3 Boiler Building Service Mechanic;

(b) Class 4 Boiler Boilermaker;

(d) Class 5A Boiler Process Piping Mechanic; and

(e) Class 5B Boiler Refrigeration Piping Mechanic.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 4-2013, f. 3-29-13, cert. ef. 4-1-13
BCD 17-2012(Temp), f. 12-21-12, cert. ef. 12-22-12 thru 5-31-13
BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12
BCD 10-2008, f. 6-30-08, cert. ef. 7-1-08
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0125 Licenses Requiring 16 Hours of Continuing Education

During each three-year license cycle, the following license holders are required to complete 16 hours of approved continuing education. The hours must include code-change courses in the amounts below, and after the date listed in OAR 918-030-0100 Table 2-A must include a 4-hour Oregon rule and law course meeting the standards established in OAR 918-035-0055. The Oregon rule and law course is in addition to the code-change hours requirement:

(1) Limited Residential Electrician: must include 8 hours of code change.

(2) Limited Journeyman Manufacturing Plant Electrician: must include 8 hours of code change.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 4-2013, f. 3-29-13, cert. ef. 4-1-13
BCD 17-2012(Temp), f. 12-21-12, cert. ef. 12-22-12 thru 5-31-13
BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12
BCD 10-2008, f. 6-30-08, cert. ef. 7-1-08
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0130 Licenses Requiring 8 Hours of Continuing Education

(1) During each three-year license cycle, the following license holders are required to complete 8 hours of approved continuing education. The hours must include code-change courses in the amounts below, and after the date listed in OAR 918-030-0100 Table 2-A code-change courses must include Oregon rule and law material meeting the standards established in OAR 918-035-0055:

(a) Limited Maintenance Electrician; must include 2 hours of code change;

(b) Class A Limited Energy Technician; must include 8 hours of code change;

(2) During each three-year license cycle, the following license holders are required to complete 8 hours of approved continuing education:

(a) Solar Heating and cooling System Plumbing Installer; and

(b) Class 2 Boiler Pressure Vessel Installer.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 4-2013, f. 3-29-13, cert. ef. 4-1-13
BCD 17-2012(Temp), f. 12-21-12, cert. ef. 12-22-12 thru 5-31-13
BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12
BCD 10-2008, f. 6-30-08, cert. ef. 7-1-08
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0135 Licenses Requiring 4 Hours of Continuing Education

During each three-year license cycle, the following license holders are required to complete 4 hours of approved continuing education. The hours must include code-change in the amounts below, and after the date listed in OAR 918-030-0100 Table 2-A code-change courses must include Oregon rule and law material meeting the standards established in OAR 918-035-0055:

(1) Limited Renewable Energy Technician; must include 2 hours of code change; and

(2) Limited Journeyman Sign Electrician; must include 2 hours of code change.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 4-2013, f. 3-29-13, cert. ef. 4-1-13
BCD 17-2012(Temp), f. 12-21-12, cert. ef. 12-22-12 thru 5-31-13
BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12
BCD 10-2008, f. 6-30-08, cert. ef. 7-1-08
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0140 Backflow Tester Approved Training

(1) An Oregon journeyman plumber or an Oregon apprentice plumber must complete an approved training program in order to test backflow prevention device assemblies.

(2) The director recognizes the following state-approved training programs for an Oregon journeyman plumber or an Oregon apprentice plumber who tests backflow prevention device assemblies:

(a) Backflow Tester Training approved by the Department of Human Services; or

(b) Division-approved continuing education course with content related to testing backflow prevention device assemblies.

(3) Backflow tester training approved by the Department of Human Services meets continuing education requirements for Oregon journeyman plumbing license renewal.

History

Statutory/Other Authority: ORS 455.110
Statutes/Other Implemented: ORS 455.110
BCD 12-2006, f. 9-15-06, cert. ef. 10-1-06

Or. Admin. R. 918-030-0150 New Licensee Continuing Education Requirements

(1) New licensees must complete the following continuing education requirements prior to renewal:

(a) No continuing education is required if license is obtained within 6 months of license expiration date; or

(b) The lesser of 8 hours of continuing education or the minimum requirement for the license is required if the license is obtained within 12 months of the license expiration date; or

(c) The lesser of 16 hours of continuing education or the minimum requirement for the license is required if the license is obtained within 24 months of the license expiration date.

(2) New licensees are not required to complete a code-change course.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0200 License Renewal Process

(1) License renewals must be completed on or prior to the license expiration date by:

(a) Submitting a renewal application or completing the online renewal form;

(b) Completing all continuing education requirements; and

(2) The division mails one renewal notification to the last known address of the licensee at least 30 days prior to license expiration. It is the responsibility of the licensee to notify the division of a change in the licensee's address.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 17-2007, f. 12-28-07, cert. ef. 1-1-08
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
BCD 7-2004, f. 5-21-04, cert. ef. 7-1-04

Or. Admin. R. 918-030-0210 License Expiration Dates

(1) All licenses expire on a three-year cycle established in Table 1-A, unless renewed.

(2) The license expiration date is printed on all licenses.

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 455.117 & 455.122
Statutes/Other Implemented: ORS 455.117 & 455.122
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0220 Transitional Rule for License Expiration Dates

Nothing in these rules shall prevent the following licenses from renewing as follows:

(1) All combination licenses expire on July 1, 2006 unless renewed. Combination licenses next expire on July 1, 2008 and every three years thereafter.

(2) All contractor licenses except the electrical elevator contractor licenses expire on July 1, 2006 unless renewed. Contractor licenses described in this section next expire on July 1, 2008 and every three years thereafter. Electrical elevator contractor licenses expire annually on October 1 unless renewed. Electrical elevator contractor licenses shall continue to expire annually until October 1, 2009 and then shall expire every three years thereafter.

(3) All boiler licenses, including the boiler business license expire annually on July 1, unless renewed. Boiler licenses shall continue to expire annually until July 1, 2008 and then shall expire every three years thereafter.

(4) The elevator contractor mechanical license expires on July 1, 2006 unless renewed. Licenses described in this section next expire on July 1, 2007 and every three years thereafter.

(5) A holder of a journeyman plumber license that expires on April 1, 2007 shall be issued a license that expires on April 1, 2011, if the license holder renews the license prior to the April 1, 2007 expiration date. A license holder described in this section must complete 24 hours of approved continuing education prior to April 1, 2011 in order to renew the license.

(6) Reciprocating conveyor mechanic licenses and restricted reciprocating conveyor mechanic licenses issued on or after January 1, 2008 first expire on July 1, 2011 and every three years thereafter.

History

Statutory/Other Authority: ORS 455.117 & 455.122
Statutes/Other Implemented: ORS 455.117 & 455.122
BCD 17-2007, f. 12-28-07, cert. ef. 1-1-08
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0230 Failure to Renew

(1) A licensee who fails to renew a license must not perform work requiring the expired license.

(2) A licensee who fails to renew a license may obtain a valid license within one year of the date the license expired if the licensee:

(a) Reapplies for the license;

(b) Pays the license renewal fee; and

(3) A licensee who fails to renew under OAR 918-030-0200 and fails to obtain a valid license in Section (2), must apply for the license under OAR 918-030-0020, including passing the appropriate examination.

(4) Applicants reapplying under sections (2) or (3) of this rule are not required to re-qualify for examination or provide work history information unless the requirements for the license have changed since the applicant originally applied to the division.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 17-2007, f. 12-28-07, cert. ef. 1-1-08
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0240 Renewal — Extension for Hardship or Illness

(1) The appropriate board or the division may extend the period for complying with continuing education requirements or for complying with renewal requirements in cases of hardship or illness.

(2) Requests for extension must:

(a) Be in writing;

(b) Describe the hardship or illness;

(d) State when the person will complete the continuing education requirements.

(3) A hardship or illness extension will not be granted for:

(a) Failure or inability to pay renewal fees; or

(b) Renewal applications that are lost or otherwise are not delivered to the applicant.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0250 Renewal — Extension for Call to Military Service

(1) The appropriate board or the division may extend the period for complying with continuing education requirements or renewal requirements if the licensee was ordered to military duty for a period of 60 days or more.

(2) Request for extension must:

(a) Be in writing; and

(b) Include a copy of military orders.

(3) Following release from duty, the licensee shall comply with renewal requirements or complete continuing education in a manner acceptable to the board or the division.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0320 License Expiration and Renewal — Purpose of the Rules

ORS 25.785 requires the Building Codes Division and its appropriate advisory boards to record an applicant’s social security number in order to issue or renew a license, certification or registration subject to suspension under ORS 25.750 to 25.783. These rules establish requirements and procedures for applicants with or without social security numbers issued by the United States Social Security Administration to provide a social security number or a statement indicating that the applicant does not have a social security number.

History

Statutory/Other Authority: ORS 25.785, 446.210, 446.400, 455.457, 460.085, 479.630, 479.910, 480.630 & 693.050
Statutes/Other Implemented: ORS 25.785
BCD 8-2004, f. 6-21-04, cert. ef. 7-1-04

Or. Admin. R. 918-030-0325 License Expiration and Renewal — Requirements and Procedures

(1) The Building Codes Division will not issue or renew a license, certification or registration subject to suspension under ORS 25.750 to 25.783 unless an applicant provides his or her social security number on the application or renewal form. Applicants do not need to provide their social security number on applications for renewal if the applicant previously provided their social security number to the division and it is in the record.

(2) The Building Codes Division may accept a written statement to fulfill the requirements of section (1) from an applicant who has not been issued a social security number by the United States Social Security Administration. Applicants do not need to provide this statement with the application for renewal if the applicant previously provided this statement to the division and it is in the record. Any written statement submitted must:

(a) Be signed by the applicant; and

(b) Attest to the fact that a social security number has not been issued to the applicant by the United States Social Security Administration.

History

Statutory/Other Authority: ORS 25.785, 446.210, 446.400, 455.457, 460.085, 479.630, 479.910, 480.630 & 693.050
Statutes/Other Implemented: ORS 25.278
BCD 8-2004, f. 6-21-04, cert. ef. 7-1-04

Or. Admin. R. 918-030-0900 Revocation, Cancellation or Suspension of License

In accordance with ORS Chapter 183, the director may revoke, cancel or suspend a contractor license, business license or registration to conduct business when the contractor or business holds more than one license under ORS 479.510 to 479.945, 480.510 to 480.670, Chapter 447 and Chapter 460, if the contractor or business:

(1) Does not meet the minimum qualifications prescribed in ORS 460.085, 479.630, 480.630 or 447.040, any rule adopted thereunder;

(2) Falsifies an application;

(3) Establishes a pattern of conduct that may include:

(a) Working or employing persons without proper license or certification;

(b) Making, directing or supervising installations that are unsafe or do not meet minimum safety standards; or

(4) Any other activity prejudicial to the electrical, plumbing, elevator or boiler or pressure vessel safety programs under ORS 479.510 to 479.945, 480.510 to 480.670, Chapter 447 and Chapter 460, or any rules adopted thereunder.

History

Statutory/Other Authority: ORS 455.117, 455.127 & 455.129
Statutes/Other Implemented: ORS 447.040, 455.117, 460.085, 479.630, 480.630 & 693.105
BCD 2-2004, f. 2-13-04, cert. ef. 4-1-04

Or. Admin. R. 918-030-0910 Combination Licenses

The division, with the approval of the appropriate advisory board, shall establish license categories for contractors or businesses who hold two or more contractor or business licenses established under ORS 479.510 to 479.945, 480.510 to 480.670, chapter 447 and chapter 460 that are valid for two years.

History

Statutory/Other Authority: ORS 455.117 & 455.415
Statutes/Other Implemented: ORS 455.117 & 455.415
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-030-0920 Visible Identification Badge

(1) For the purpose of this rule, a visible identification badge is an individual license, registration or certification issued by the division or an appropriate advisory board. This rule does not apply to contractors, businesses or inspectors.

(2) Individuals performing elevator, electrical, boiler, pressure vessel, or plumbing work, which requires a license, shall wear and visibly display their license. A licensee does not need to wear and visibly display their license if doing so would create a danger or unsafe condition for the licensee or for the public, provided the licensee can demonstrate proof of licensure to an inspector, investigator or other employee empowered to enforce the state building code.

History

Statutory/Other Authority: ORS 455.415
Statutes/Other Implemented: ORS 455.415
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Division 35 CONTINUING EDUCATION PROVIDERS

Or. Admin. R. 918-035-0000 Purpose and Scope

OAR 918, division 35 establishes standards and procedures for approval of continuing education courses by the appropriate board or division. These rules apply to continuing education providers and instructors for purposes of gaining and maintaining approval of continuing education courses and instructors.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-035-0005 Definitions

As used in OAR 918 division 035 terms are defined as established in OAR 918-030-0010.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-035-0010 Authority for Course and Instructor Approval

(1) The appropriate board or the division approves continuing education courses and instructors, subject to the standards and procedural requirements established in OAR 918, division 35.

(2) The appropriate board may delegate authority for course or instructor approval to a committee or the Building Codes Division. The committee or division must report all approved courses to the appropriate board.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-035-0020 Timeline for Approval; Term of Approval

(1) Application for course or instructor approval may be made at any time during the code cycle.

(2) Application for code-change course approval prior to code adoption as defined in OAR chapter 918, division 008 may be made at any time after the public notice of the 45-day comment period for the code adoption process.

(3) Courses and instructors are approved for the duration of the code-cycle and courses may be taught prior to the effective date of that code.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-035-0040 Minimum Requirements for Continuing Education Course Approval

(1) Except as provided in Section (2) of this rule, all continuing education courses must meet the following minimum requirements:

(a) Course instructors must be approved by the appropriate board or the division pursuant to these rules;

(b) The minimum course length is two hours or the equivalent for online or correspondence courses;

(c) The application for course or instructor approval must designate whether the course is for general continuing education credit, code-change credit, or Oregon rule and law credit; and

(d) The course must comply with the policies and procedures established by the appropriate board or the division for ensuring the quality and effectiveness of the course.

(2) Notwithstanding section (1) of this rule, the appropriate board may recognize code-development bodies or national organizations as continuing education providers without requiring them to submit specific courses to the division for approval. In approving a provider, the board will specify:

(a) The scope of the courses taught by the provider; and

(b) The type of credit to be awarded for various courses

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-035-0050 Code-Change Course Content

(1) Code-change courses must cover:

(a) A national model code edition that is currently adopted in Oregon; or

(b) A national model code edition for which the division has given public notice of the 45-day comment period for proposed amendments that initiates the code adoption process.

(2) If required by rule, a code-change course may contain material on Oregon rule and law as specified in OAR 918-035-0055.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-035-0055 Oregon Rule and Law Course Content

The appropriate advisory board or the division develops content requirements for Oregon rule and law courses. The content requirements must include but are not limited to the following:

(1) Permit processes and requirements;

(2) Instruction on the scope of work allowed under a given license; and

(3) The Oregon amendments to the currently adopted edition of the appropriate national model code, or the proposed Oregon amendments that are included in the notice of proposed rulemaking hearing filed with the Secretary of State as part of the code adoption process, including alternate method rulings and interpretations.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12

Or. Admin. R. 918-035-0060 Instructor Approval

(1) Instructors may apply for approval as part of the course approval procedure or may apply for approval independent of the course approval process.

(2) Approved instructors must be qualified by training or experience to teach the subject matter of the course. Qualifications may be evidenced by:

(a) An appropriate license;

(b) A relevant degree; or

(3) Applicants for instructor approval must:

(a) Apply on a division-approved form; and

(b) Submit proof of qualifications to the board or the division.

(4) Approved instructors and division staff who instruct continuing education courses shall receive continuing education credit for courses taught.

(5) Division staff teaching courses in the normal course of their duties are considered approved instructors for the purposes of these rules.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-035-0070 Approval Procedure

(1) Applications for course approval must include:

(a) Brief description of the course;

(b) Detailed course outline, which shall include:

(A) Specific reference to the course content requirements established by the appropriate board or division; and

(B) The amount of time spent on each content area;

(d) Provider contact information;

(e) Name or names of instructors;

(f) Instructor qualifications, unless the instructor has already been approved by the division;

(g) Number of credits requested;

(h) List or samples of all program materials;

(i) Documentation demonstrating compliance with the policies and procedures for ensuring the quality and effectiveness of the course;

(j) Course prerequisites, if any; and

(k) Agreement to allow division to evaluate course and instructor.

(2) Courses qualifying for approval as code-change courses must include the code-change material specified by the appropriate board or the division under OAR 918-035-0050 for the specific license type(s).

(3) Subsequent applications for the same program may incorporate by reference all or part of the original application.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-035-0080 Recording Continuing Education Credits

(1) Providers must submit a list of course attendees in a method specified by the division.

(2) Providers must document course completion and give proof of course completion to each attendee.

(3) Providers shall retain records of attendees for each course for at least 5 years from the date of the course. Providers shall provide a copy of the record to the division at the division’s request.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Or. Admin. R. 918-035-0090 Suspension or Revocation of Program or Instructor Approval

The board or the division may assess a civil penalty or take any other appropriate action including suspension or revocation of approval of a continuing education course or instructor if the provider or instructor fails to meet the requirements in this division of rules, including but not limited to:

(1) The requirement that courses be taught by an approved instructor;

(2) Failure to teach the required material or course content for the approved course;

(3) Providing inaccurate information indicating that a course or instructor has been approved; or

(4) Providing an inaccurate list of course attendees.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06

Division 40 BOARD MEETINGS AND ADMINISTRATION

Or. Admin. R. 918-040-0000 Purpose and Scope

(1) The Building Codes Division coordinates the activities of and has general supervision over seven advisory boards, as follows:

(a) Board of Boiler Rules, established under ORS 480.535;

(b) Electrical and Elevator Board, established under ORS 455.138;

(d) State Plumbing Board, established under ORS 693.115;

(e) Building Codes Structures Board, established under ORS 455.132;

(f) Mechanical Board, established under ORS 455.140; and

(g) Construction Industry Energy Board, established under ORS 455.492.

(2) Appointing authority for the six boards listed in subsections (1)(a) through (f) of this rule rests with the Governor and requires Senate confirmation. Appointing authority for (1)(g) rests with the boards listed in (1)(b) through (1)(f).

(3) The rules in OAR chapter 918, division 40 establish consistent protocols for the administration of activities carried out by the boards listed in subsection (1).

History

Statutory/Other Authority: ORS 455.110
Statutes/Other Implemented: ORS 455.110
BCD 10-2014, f. 9-25-14, cert. ef. 10-1-14
BCD 9-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 14-2006, f. & cert. ef. 12-29-06

Or. Admin. R. 918-040-0020 Board Agendas

(1) Board meeting agendas will be made available approximately two weeks prior to scheduled meetings.

(2) Any person requesting that an item be placed on the agenda must make the request to the division at least 30 days before the scheduled meeting. The request must include:

(a) A written statement explaining the subject matter of the item;

(b) The action or result requested, if applicable;

(d) Any other documents relevant to the item.

(3) The appropriate board chairperson may exclude a requested item from the agenda if the request does not include the information required in Section (2) of this rule, or is not relevant to, or appropriate for, the board in question.

(4) The board may restrict presentation time on any agenda item. Persons appearing are encouraged to submit written statements.

History

Statutory/Other Authority: ORS 183.335
Statutes/Other Implemented: ORS 455.144
BCD 14-2006, f. & cert. ef. 12-29-06

Or. Admin. R. 918-040-0030 Rules of Order

Sturgis Standard Code of Parliamentary Procedure, Fourth Edition, is adopted for board and board-committee proceedings.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183.335
Statutes/Other Implemented: ORS 455.144
BCD 14-2006, f. & cert. ef. 12-29-06

Or. Admin. R. 918-040-0040 Public Comment

(1) Board meeting agendas provide for public comment. No prior arrangements are necessary to make public comment.

(2) Time for comment may be restricted by the presiding officer.

(3) The board may decide to refer an item from public comment to the next meeting agenda.

History

Statutory/Other Authority: ORS 183.335
Statutes/Other Implemented: ORS 455.144
BCD 14-2006, f. & cert. ef. 12-29-06

Division 50 MUNICIPAL ADMINISTRATION

Or. Admin. R. 918-050-0000 Purpose and Scope

Division 50 provides administrative procedures for use in all regions of the state and, where applicable, to specified regions of the state. These rules address a uniform methodology for arriving at building permit and inspection fees to provide consistency in fee calculation. Where a permitted item is not covered by the methodology in these rules, a municipality may either, develop a reasonable permit fee, or calculate a fee using a similar program area’s methodology. These rules do not supersede or repeal the existing provisions of the state building code and related rules. These rules become effective on January 1, 2009.

History

Statutory/Other Authority: ORS 455.048 & 455.055
Statutes/Other Implemented: ORS 455.046 & 455.055
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 8-2000, f. 6-15-00, cert. ef. 7-1-00

Or. Admin. R. 918-050-0010 Definitions

Terms not specifically defined will have the meanings given in the state building code.

(1) “Administrative fees” refers to fees assessed by a municipality to cover costs of administering and enforcing the building code apart from inspection and plan review services. Surcharges, assessed as part of the cost of doing business within a municipality and that are assessed without regard to whether the municipal action relates to the administration of the building code, are not administrative fees for the purposes of these rules.

(2) "Tri-county region" or "Tri-county regional" refers to the geographical area that includes Clackamas, Multnomah, and Washington counties.

(3) “ePermitting” means the division-developed electronic system that meets the minimum standards listed in 918-050-0220 and is provided to jurisdictions in accordance with ORS 455.095.

(4) “Comparable electronic system” means a system that is not ePermitting but meets all the minimum standards listed in 918-050-0220.

(5) “Online” means connected to or available through an electronic system or telecommunications system, such as the internet.

History

Statutory/Other Authority: ORS 455.020 & 455.055
Statutes/Other Implemented: ORS 455.020 & 455.055
BCD 1-2023, amend filed 03/29/2023, effective 04/01/2023
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 20-2003, f. 12-31-03, cert. ef. 1-1-04
BCD 8-2000, f. 6-15-00, cert. ef. 7-1-00

Or. Admin. R. 918-050-0020 Standard Statewide Application Forms

(1) A municipality must use standard permit applications containing at least the minimum content required by the division.

(2) All municipalities within the Tri-County region shall use intake checklist forms approved by the division

(3) The division shall consider for adoption proposed amendments to the standard application and intake checklist forms.

(a) Proposals for amendment to the application forms must include:

(A) The existing unamended form(s);

(B) The form(s) containing the appropriate amendments; and

(b) Proposals to amend the approved forms must be filed with the division no later than February 1 or August 1.

(c) The division will notify all municipalities and interested parties of the division's determination regarding proposed amendments and provide copies of the amended form(s).

(d) Any form changes will be effective in all regional municipalities on July 1 or January 1 following adoption.

History

Statutory/Other Authority: ORS 455.048 & 455.055
Statutes/Other Implemented: ORS 455.046 & 455.055
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 20-2003, f. 12-31-03, cert. ef. 1-1-04
BCD 8-2000, f. 6-15-00, cert. ef. 7-1-00

Or. Admin. R. 918-050-0030 Standard Tri-County Regional Processes

All jurisdictions within the Tri-County region shall use uniform processes for permit application, plan review, permit issuance, and recording inspections as approved by the division, including, but not limited to:

(1) Minor labels;

(2) Issuing permits when no plan review is required;

(3) Recording inspections;

(4) Partial permits;

(5) Deferred submittals;

(6) Over-the-counter permits that require plan review; and

(7) Plan review issue resolution.

History

Statutory/Other Authority: ORS 455.048
Statutes/Other Implemented: ORS 455.046
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 8-2000, f. 6-15-00, cert. ef. 7-1-00

Or. Admin. R. 918-050-0100 Statewide Fee Methodologies for Residential and Commercial Permits

(1) Residential construction permit fees shall be calculated using the following methodologies:

(a) A plumbing permit fee for new construction includes one kitchen and is based on the number of bathrooms, from one to three, on a graduated scale. An additional set fee shall be assessed for each additional bath or kitchen.

(A) No additional fee shall be charged for the first 100 feet of water and sewer lines, hose bibbs, icemakers, underfloor low-point drains, and rain drain packages that include the piping, gutters, downspouts, and perimeter system.

(B) The plumbing permit fee described in this section does not include:

(i) Any storm water retention/detention facility;

(ii) Irrigation and fire suppression systems; or

(iii) Additional water, sewer and service piping or private storm drainage systems exceeding the first 100 feet.

(C) Permit fees for an addition, alteration, or repair shall be calculated based on the number of fixtures, appurtenances, and piping, with a set minimum fee.

(b) A mechanical permit fee shall be calculated per appliance and related equipment, with a set minimum fee.

(c) Effective January 1, 2009, a structural permit fee for new construction and additions shall be calculated using the ICC Building Valuation Data Table current as of April 1 of each year, multiplied by the square footage of the dwelling to determine the valuation. The valuation shall then be applied to the municipality’s fee schedule to determine the permit fee. The plan review fee shall be based on a predetermined percentage of the permit fee set by the municipality.

(A) The square footage of a dwelling, addition, or garage shall be determined from outside exterior wall to outside exterior wall for each level.

(B) The square footage of a carport, covered porch, patio, or deck shall be calculated separately at fifty percent of the value of a private garage from the ICC Building Valuation Data Table current as of April 1.

(C) Permit fees for an alteration or repair shall be calculated based on the fair market value as determined by the building official, and then applying the valuation to the municipality’s fee schedule.

(2) Commercial construction permit fees shall be calculated using the following methodologies:

(a) A plumbing permit fee shall be calculated based on the number of fixtures and footage of piping, with a set minimum fee.

(b) A mechanical permit fee shall be calculated based on the value of the mechanical equipment and installation costs and applied to the municipality’s fee schedule with a set minimum fee.

(c) A structural permit fee shall be calculated by applying the valuation to the municipality’s fee schedule with a minimum set fee. Valuation shall be the greater of either:

(A) The valuation based on the ICC Building Valuation Data Table current as of April 1 of each year, using the occupancy and construction type as determined by the building official, multiplied by the square footage of the structure; or

(B) The value as stated by the applicant.

(C) When the construction or occupancy type does not fit the ICC Building Valuation Data Table, the valuation shall be determined by the building official with input from the applicant.

History

Statutory/Other Authority: ORS 455.048 & 455.055
Statutes/Other Implemented: ORS 455.046 & 455.055
BCD 7-2009, f. 9-30-09, cert. ef. 10-1-09
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 5-2007, f. 5-11-07, cert. ef. 7-1-07
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00

Or. Admin. R. 918-050-0110 Fees and Fee Schedules

(1) A municipality may develop its fee schedule in any reasonable manner to provide for the administration and enforcement of the building code program.

(2) Administrative fees assessed by a municipality to cover administration and enforcement shall be incorporated into a municipality’s fee schedule or into the cost of an individual permit item as appropriate. Changes to a municipality’s fee schedule must be adopted in accordance with OAR 918-020-0220.

(3) The plan review fees shall be based on a predetermined percentage of the permit fee set by the municipality.

History

Statutory/Other Authority: ORS 455.048, 455.055 & 455.210
Statutes/Other Implemented: ORS 455.046, 455.055 & 455.210
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 5-2007, f. 5-11-07, cert. ef. 7-1-07
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00

Or. Admin. R. 918-050-0120 Statewide Fee Methodologies for Electrical Permits

An electrical permit fee shall be calculated based on the categories, procedures, and requirements established in OAR 918-309-0020 to 918-309-0070. A set minimum fee may be established.

History

Statutory/Other Authority: ORS 455.048, 455.055 & 479.870
Statutes/Other Implemented: ORS 455.046, 455.055 & 479.870
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00

Or. Admin. R. 918-050-0130 Statewide Fee Methodologies for Manufactured Home Siting Permits

(1) A municipality shall charge a single fee for the installation and setup of manufactured homes. This fee shall include the concrete slab, runners or foundations when they comply with the prescriptive requirements of the Oregon Manufactured Dwelling and Park Specialty Code, electrical feeder and plumbing connections and all cross-over connections.

(2) Decks, other accessory structures and foundations that do not comply with the prescriptive requirements of the Oregon Manufactured Dwelling and Park Specialty Code, utility connections beyond 30 lineal feet, new electrical services or additional branch circuits, new plumbing, and other such items that fall under the building code may require separate permits.

(3) When a municipality has reason to believe that the existing electrical service to a manufactured dwelling may be unsafe or inadequate, the municipality may require a separate permit to inspect the electrical service.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.048 & 455.055
Statutes/Other Implemented: ORS 455.046 & 455.055
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 31-2000, f. 12-27-00, cert. ef. 1-1-01
BCD 26-2000(Temp), f. 10-4-00, cert. ef. 1-1-01 thru 6-29-01
BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00

Or. Admin. R. 918-050-0140 Statewide Fee Methodology for Residential Fire Suppression Systems

Stand-alone and multipurpose fire suppression system permit fees shall each be calculated as separate flat fees based on the square footage of the structure with graduated rates for dwellings with 0 to 2000 square feet, 2001 to 3600 square feet, 3601 to 7200 square feet, and 7201 square feet and greater. The permit fee shall be sufficient to cover the costs of inspection and plan review.

History

Statutory/Other Authority: ORS 455.048 & 455.055
Statutes/Other Implemented: ORS 455.046 & 455.055
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 19-2001, f. 12-21-01, cert. ef. 4-1-02

Or. Admin. R. 918-050-0150 Statewide Fee Methodology for Medical Gas Installations

(1) A plumbing permit fee for the installation of a medical gas system shall be determined based on the value of installation costs and the system equipment, including but not limited to, inlets, outlets, fixtures, and appliances and applied to the municipality’s fee schedule, with a set minimum fee.

(2) The plan review fee shall be based on a predetermined percentage of the permit fee as set by the municipality.

History

Statutory/Other Authority: ORS 455.048 & 455.055
Statutes/Other Implemented: ORS 455.046 & 455.055
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 19-2001, f. 12-21-01, cert. ef. 4-1-02

Or. Admin. R. 918-050-0160 Statewide Fee Methodology for Phased Projects

A municipal plan review fee for a phased project is based on a minimum phasing fee, determined by the municipality, plus 10 percent of the total project building permit fee not to exceed $1,500 for each phase.

History

Statutory/Other Authority: ORS 455.048 & 455.055
Statutes/Other Implemented: ORS 455.046 & 455.055
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 11-2002, f. 6-28-02, cert. ef. 7-1-02

Or. Admin. R. 918-050-0170 Statewide Fee Methodology for Deferred Submittals

A fee charged for processing and reviewing deferred plan submittals shall be an amount equal to a percentage, determined by the municipality, of the building permit fee calculated according to OAR 918-050-0110(2) and (3) using the value of the particular deferred portion or portions of the project, with a set minimum fee. This fee is in addition to the project plan review fee based on the total project value.

History

Statutory/Other Authority: ORS 455.048 & 455.055
Statutes/Other Implemented: ORS 455.046 & 455.055
BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 12-2002, f. 6-28-02, cert. ef. 7-1-02

Or. Admin. R. 918-050-0180 Statewide Methodology for Solar Structural Installation Permits

(1) Structural permits for solar photovoltaic (PV) system installation shall be calculated using the following methodology:

(a) Fees for installations that comply with the prescriptive installation path described in the state building code shall be a flat fee and includes one inspection and permit review by the municipality.

(b)(A) All other installations not meeting the prescriptive path shall be based on the valuation of the structural elements for the solar panels, including racking, mounting elements, rails, and the cost of labor to install. The cost of the solar electrical equipment, including collector panels, and inverters shall be excluded from the structural permit valuation. The valuation shall then be applied to the municipality’s fee schedule to determine the permit fee.

(B) Plan review fees shall be based on a predetermined percentage of the permit fee set by the municipality.

(2) Electrical components of a PV system require an electrical permit. Electrical permits shall be calculated based on the methodology established in OAR 918-309-0020 through 918-309-0070.

History

Statutory/Other Authority: ORS 455.048 & 455.055
Statutes/Other Implemented: ORS 455.046 & 455.055
BCD 13-2022, amend filed 09/29/2022, effective 10/01/2022
BCD 13-2010, f. 9-30-10, cert. ef. 10-1-10

Or. Admin. R. 918-050-0210 Electronic Permitting System

Purpose and Scope: The division has established minimum standards and statewide consistency for electronic systems that municipalities use to process plan reviews, issue permits, and perform electronic field inspections. Municipalities may use the division’s electronic system or a comparable system that has the same equivalent features as defined by ORS 455.095 and these rules. The minimum standards will be required starting on January 1, 2025, as required by section 4, chapter 223, Oregon Laws 2021.

History

Statutory/Other Authority: ORS 455.095, ORS 455.097 & Section 4, Chapter 223, Oregon Laws 2021
Statutes/Other Implemented: ORS 455.095, ORS 455.097 & Section 4, Chapter 223, Oregon Laws 2021
BCD 1-2023, adopt filed 03/29/2023, effective 04/01/2023

Or. Admin. R. 918-050-0220 Electronic System Minimum Standards:

The electronic system minimum standards must be adopted and functional by January 1, 2025.

(1) ePermitting or a comparable electronic system must be able to provide the public with 24 hour, continuous online access, except for planned maintenance and temporary outages due to unforeseen circumstances, to the following activities:

(a) Searching for permit and inspection data;

(b) Making applications;

(d) Remitting payments;

(e) Tracking of plan review status and approvals; and

(f) Scheduling of inspections, reviewing required corrections, and receiving inspection approvals.

(2) ePermitting or a comparable system must also be able to provide:

(a) Electronic mark up and review of electronically-submitted plans;

(b) Contractor license verification; and

(c) Electronic tools for inspectors to provide or update field inspections, construction progress inspections and on site verification of compliance with building code requirements.

History

Statutory/Other Authority: ORS 455.095 & ORS 455.097
Statutes/Other Implemented: ORS 455.095, ORS 455.097 & Section 4, Chapter 223, Oregon Laws 2021
BCD 1-2023, adopt filed 03/29/2023, effective 04/01/2023

Or. Admin. R. 918-050-0800 Permit Surcharges

(1) A one-percent surcharge will be assessed upon the total permit fees collected pursuant to ORS 455.210(4)(c).

(2) Effective January 1, 2008, a four percent surcharge will be assessed upon the total permit fees collected pursuant to ORS 455.210(4)(d).

History

Statutory/Other Authority: ORS 455.044 & 455.210
Statutes/Other Implemented: ORS 455.044 & 455.210
BCD 10-2007, f. 9-28-07, cert. ef. 1-1-08
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 8-2000, f. 6-15-00, cert. ef. 7-1-00, Renumbered from 918-020-0520
BCD 17-1999, f. 12-30-99, cert. ef. 1-1-00
BCD 10-1999(Temp), f. 9-7-99, cert. ef. 10-1-99 thru 3-28-00

Or. Admin. R. 918-050-0855 Administration of Electronic Permitting

(1) As used in this rule, unless context requires otherwise:

(a) “Electronic permitting” means the Oregon eBuildingPermits system implemented under ORS 455.095.

(b) “Contractor” means a person holding a Construction Contractors Board license and, if applicable, a contractor license issued by the division.

(d) “Division” means the Building Codes Division of the Department of Consumer and Business Services.

(e) “In good standing” means a person currently licensed as a contractor who has no outstanding penalties due and owing to the division, the department, the Construction Contractors Board, or any other state for violations of construction standards, permitting requirements, or any construction related licensing or certification standards.

(f) “Public User” means a person who accesses the electronic permitting system through the internet and has either created an account to apply for permits through the system or uses the system to search for information.

(g) “State Portal” means the public access portion of the electronic permitting system.

(2) The following persons are eligible to utilize the state portal to access the electronic permitting system:

(a) Contractors in good standing;

(b) Persons designated by a contractor in good standing; and

(3)(a)Where the division finds a contractor, public user, or any other person has provided inaccurate, false, or misleading information when using the state portal, including but not limited to information regarding appropriate licenses, certifications, or plan review, the division may prohibit the registered public user, designated person, or contractor from using the state portal for a length of time to be determined by the division; and

(b) In addition to prohibiting use of the state portal, the division may take any additional action it considers appropriate, including civil penalties, and suspension, revocation, conditioning, or denial of division licenses, or take any actions as allowed under any provision of ORS 455.125, 455.127, or 455.129.

(4) Contractors sanctioned under any provision of ORS 455.125, 455.127, or 455.129 may be prohibited from using the state portal for a period of time to be determined by the division.

History

Statutory/Other Authority: ORS 455.095 & 455.097
Statutes/Other Implemented: ORS 455.095, 455.097, 455.125 & 455.129
BCD 15-2010, f. & cert. ef. 10-5-10

Or. Admin. R. 918-050-0860 Frontage Improvement Valuation Calculations

This rule implements House Bill 2658 (2025), which requires a building permit to be issued without requiring frontage improvements for certain construction projects.

(1) Municipalities may not condition or refuse to issue a building permit for projects identified in House Bill 2658 (2025) that do not exceed the value calculated in section (3) of this rule.

(2) This rule applies to:

(a) Municipalities with populations of 15,000 or more from January 1, 2026 to December 31, 2030; or

(b) All municipalities on or after January 1, 2031.

(3) A qualifying project is determined by using the reasonable stated value of the project by the applicant and accepted by the municipality, and that does not exceed the following limits:

(a) $150,000 for 2026; or

(b) $150,000 in 2026 dollars, as adjusted by 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 in January of each year for application to the previous year.

History

Statutory/Other Authority: House Bill 2658 (2025)
Statutes/Other Implemented: House Bill 2658 (2025)
BCD 14-2025, adopt filed 12/29/2025, effective 01/01/2026

Division 90 SPECIALTY CODE PLAN REVIEW AND INSPECTION

Or. Admin. R. 918-090-0000 Purpose and Scope

(1) These rules establish registration requirements for businesses that perform specialty code inspections or plan reviews, and establish license requirements for individuals who perform specialty code inspections or plan reviews who are not employed by the division or a municipality.

(2) Nothing in these rules is meant to change existing requirements for individual certification to perform plan reviews and inspections under OAR 918, division 098, 281, 695, or 780.

(3) For the purpose of these rules “plan reviewer” and “plans examiner” have the same meaning.

(4) Persons approved and certified by the division who perform amusement ride or boiler inspections under the authority of ORS Chapters 460 and 480 and rules adopted thereunder are not required by OAR 918, division 090 rules to be licensed or registered.

History

Statutory/Other Authority: ORS 455.457
Statutes/Other Implemented: ORS 455.455 & 455.457
BCD 26-2005, f. 12-15-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0010 Definitions

As used in OAR 918, division 090, unless the context requires otherwise:

(1) “Employed” means working directly for an employer as an employee and completing a withholding exemptions certificate required by ORS 316.162 to 316.212.

(2) “Employee” means an individual who has completed a withholding exemptions certificate required by ORS 316.162 to 316.212.

(3) “Designated Licensed Plan Reviewer” means a licensed plan reviewer authorized by the division or a municipality to perform simple one- and two-family plan reviews directly for a permit applicant on their behalf.

(4) “Division” is defined in OAR 918-001-0005.

(5) “Inspector” is a person appropriately certified under OAR 918, division 098, 281, 695 or 780 who inspects work performed under the state specialty codes and approves the required inspections.

(6) “Licensed Plan Reviewer or Inspector” is an individual who is licensed to perform specialty code inspections or plan reviews under ORS 455.457 and these rules.

(7) “Limited Licensed Plan Reviewer or Inspector” is an individual who:

(a) Is licensed to perform specialty code inspections or plan reviews under ORS 455.457 and these rules;

(b) Contracts directly with a municipality or the division to perform specialty code inspections or plan reviews on a temporary basis to backfill a vacant position or to supplement existing employees;

(c) Works under the authority of a designated state certified building official employed by a municipality or the division; and

(d) Whose contract or contracts to perform plan reviews and inspections do not exceed $10,000 annually.

(8) “Municipality” is defined in ORS 455.010.

(9) “Person” means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, or any other entity, public or private, however organized.

(10) “Plan Reviewer” is a person who is appropriately certified under OAR 918, division 098, 281 or 780 who reviews plans for compliance with the state specialty code(s) and approves the plans for permit and construction.

(11) “Registrant” means those businesses registered with the division under OAR 918, division 090 rules to engage in the business of performing plan review and inspection services.

(12) “Specialty Code” is defined in ORS 455.010.

History

Statutory/Other Authority: ORS 455.455, 455.457, 455.459, 455.461 & 455.463
Statutes/Other Implemented: ORS 455.455, 455.457, 455.459, 455.461 & 455.463
BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
BCD 26-2005, f. 12-15-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0100 General Business Registration Requirements

A registration as a plan review and inspection business shall be held by any person who engages in or follows the business or occupation of, or advertises or purports to engage in or perform plan reviews or inspections other than as an exclusive employee of a municipality, the division or a registered plan review and inspection business. Individuals who have a limited license to perform specialty code inspections or plan reviews who work under the authority of a designated state certified building official employed by a municipality or the division are not required to hold a business registration.

History

Statutory/Other Authority: ORS 455.457
Statutes/Other Implemented: ORS 455.457
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2001, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0110 Business Registration Application Requirements

(1) Applicants for a plan review and inspection business registration shall submit an application on division-supplied forms and a $50 application fee. The applicant shall also pay a registration fee based on $60 per hour for review and approval of the application and quality control manual up to an amount not to exceed $300.

(2) Application for plan review and inspection business registration shall include at least the following:

(a) Applicant name, address, telephone number, fax number and, if available, e-mail address;

(b) Type of business (individual, partnership or corporation);

(d) Names and titles of all managers and supervisors of plan reviewers and inspectors;

(e) Names and certification and license numbers of all plan reviewers, plans examiners and inspectors whether employed or under contract;

(f) Names of the municipalities with which the registrant intends to contract, the scope of work intended to be performed under the contract and, if this information is not available, the geographical areas in which the registrant intends to work;

(g) Proof of general liability insurance of at least $1 million or its equivalent, including but not limited to the name of the insurance company, the amount for which insured, the policy number, expiration date and the current business address and phone number of the insurance company’s agent;

(h) Proof of "errors and omissions" liability insurance or its equivalent, of at least $500,000 per occurrence, with an aggregate limit of at least $500,000 per policy year, including but not limited to, the name of the insurance company, the amount for which insured, the policy number and expiration, and the current business address and phone number of the insurance company’s agent. In lieu of errors and omission insurance required by this rule, businesses contracting directly with a municipality to provide specialty code inspections and plan reviews, may be covered by the municipality’s insurance. When this option is used, the business shall submit sufficient information for the division to determine the errors and omissions insurance is covered by all municipalities for which the person or business is working; and

(i) Provide a quality control manual complying with OAR 918-090-0300 for division approval describing operating procedures and the process to ensure all applicable code provisions will be enforced as required by these rules.

(3) Business registrations shall be renewed on a two-year cycle, beginning March 1, 2002, on a division-approved form. Businesses shall submit a $100 renewal fee. Applicants shall also submit:

(a) Proof of all insurance required in Section (2) of this rule; and

(b) Any changes in the original registration application and quality control manual.

(4) The division shall approve or deny any completed application for plan review and inspection business registration within 60 days of receipt.

(5) Persons denied registration may appeal this decision to the director and request contested case procedures under ORS Chapter 183.

History

Statutory/Other Authority: ORS 455.457 & 455.461
Statutes/Other Implemented: ORS 455.457 & 455.461
BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0120 Registered Business Responsibilities

(1) A business registered pursuant to ORS 455.457 shall employ or contract with plan reviewers and inspectors who are licensed under these rules and certified by the division in accordance with OAR 918, division 098, 281, 695, or 780 for the specific type of inspections or plan reviews that person will perform;

(2) A business registered to perform specialty code plan reviews or inspections shall assure that all certified inspectors and plans examiners maintain their minimum continuing education credits required by OAR 918, division 090, 098, 281, 695, or 780.

(3) A business registered to perform specialty code plan reviews or inspections shall submit to the division an amended application or quality control manual within ten days of the date any licensed and certified inspection or plans examiner staff or contracted person is hired or discharged from the employment of that agency.

History

Statutory/Other Authority: ORS 455.455, 455.457 & 455.461
Statutes/Other Implemented: ORS 455.455, 455.457 & 455.461
BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0130 Business Registration — Additional Requirements

(1) In addition to the insurance requirements set forth in these rules, a business registered to perform specialty code plan reviews or inspections shall;

(a) Authorize their insurance company to notify the division upon any change to or cancellation of the insurance required for their business registration; and

(b) Notify the division of any change to or cancellation of the insurance required for their business registration within three working days.

(2) A business registered to perform specialty code plan reviews or inspections that cancels or loses the minimum required insurance shall have their registration immediately suspended, until the registrant obtains the required insurance to resume business.

(3) Licensed employees or subcontractors of a registered business whose registration has lapsed, been revoked or been suspended shall not continue providing specialty code plan review and inspection services until they obtain a business registration, go to work for another registered business, municipality or the division, or until the registration of the business in question is reestablished.

History

Statutory/Other Authority: ORS 455.455 & 455.457
Statutes/Other Implemented: ORS 455.455 & 455.457
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0200 Specialty Code Plan Reviewer and Inspector License — Scope

(1) An individual licensed before July 1, 2005 may perform specialty code plan reviews or inspections under ORS 455.457 and these rules as follows:

(a) Licensed Plan Reviewer or Inspector:

(A) performs specialty code plan reviews or inspections not as an employee of a municipality or the division; or

(B) be Employed to perform plan reviews or inspections for one or more municipalities, but also may performs plan reviews or inspections as other than an employee of a municipality or the division.

(b) Limited Licensed Plan Reviewer or Inspector:

(A) Contracts directly with a municipality or the division to perform specialty code inspections or plan reviews on a temporary basis to backfill a vacant position or supplement existing employees; and

(B) Works under the authority of the designated state certified building official who is a municipal or state employee.

(2) An individual licensed on or after July 1, 2005 may perform specialty code plan reviews or inspections as outlined in Section (1), but are restricted in scope of work for commercial or residential based on experience demonstrated under OAR 918-090-0210.

(3) An employee of a municipality or the division need not be licensed while performing plan reviews or inspections on behalf of another municipality while in the official capacity as an employee of the division or municipality.

History

Statutory/Other Authority: ORS 455.457
Statutes/Other Implemented: ORS 455.457
BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
BCD 26-2005, f. 12-15-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0210 Specialty Code Plan Reviewer and Inspector License — Application Requirements

(1) Licensed Plan Reviewer or Inspector Applicants must submit an application on division-supplied forms that shall include a listing of current specialty code certifications along with a $100 application fee. The applicant shall pass a division-approved examination on the substance and intent of the laws and rules related to the licensure of plan reviewers and inspectors. If an applicant fails to take the examination within 60 days of being approved to do so, the applicant must reapply. Applicants who fail the division approved examination shall be required to pay a $25 fee and wait 30 days before retaking the required examination.

(2) Limited Licensed Plan Reviewer or Inspector Applicants must submit an application on a division-supplied form, that shall include a listing of current specialty code certifications, along with a $50 application fee. The applicant shall identify the building inspection programs for which they will be working. No examination is required for the limited plan reviewer and inspector license.

(3) Applicants shall first apply for and obtain the required specialty code certifications under OAR 918, division 098, 281, 695, or 780, prior to becoming a Licensed Plan Reviewer or Inspector or a Limited Licensed Plan Reviewer or Inspector under these rules.

(4) Individuals applying to be a Licensed Plan Reviewer or Inspector, or a Limited Licensed Plan Reviewer or Inspector must demonstrate a minimum level of experience to the division. An individual’s scope of work will be restricted based on certification and experience. The division will designate the scope of work allowed based on an applicants experience. License applicants must obtain the appropriate certification recognized under OAR 918-098-1010 through 918-098-1220. In addition to obtaining the appropriate certification under Chapter 918, division 098, to perform plan reviews and inspections on structures, license applicants must demonstrate to the division at least one of the following:

(a) Two years of construction or inspection related experience or its equivalent;

(b) An approved one year inspection-related program and one year of construction or inspection-related experience;

(d) An Oregon registration as an architect, an Oregon certified professional engineer, or a Bachelor or Master degree in architecture, civil or structural engineering.

(5) Licensed Plan Reviewer or Inspector, and Limited Licensed Plan Reviewer or Inspector must renew every three years beginning on June 1, 2026, on division-approved forms, submit the form with payment to the division before the license expiration date, meet continuing education requirements outlined in sub-section (c), and update or change any information that is no longer current.

(a) Licensed Plan Reviewer or Inspector must pay a $50 renewal fee.

(b) Limited Licensed Plan Reviewer or Inspector must pay a $25 renewal fee.

(c) Licensed Plan Reviewer or Inspector, and Limited Licensed Plan Reviewer or Inspector must also meet continuing education requirements as determined by the division related to legislative changes in the substance and purpose of ORS 455.455 through 455.467, and the rules adopted thereunder.

(d) An individual who submits a license renewal after the expiration date must reapply for a new license and meet all requirements of a new applicant.

(6) A Licensed Plan Reviewer or Inspector, and Limited Licensed Plan Reviewer or Inspector license is valid only for the specialty code certifications held by the licensee. A licensed individual must work within the scope of the license or may be subject to sanctions under OAR 918-098-1500. The license shall be suspended or revoked if the licensee no longer holds at least one current certification as a plans examiner or inspector.

(7) Individuals denied licensure may appeal this decision to the director and request contested case procedures under ORS Chapter 183.

History

Statutory/Other Authority: ORS 455.457
Statutes/Other Implemented: ORS 455.457
BCD 5-2025, amend filed 06/27/2025, effective 07/01/2025
BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
BCD 26-2005, f. 12-15-05, cert. ef. 1-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0300 Requirements for the Quality Control Manual

(1) All registered businesses providing plan review and inspection services shall create, maintain and make available to customers and affected jurisdictions, a quality control manual for their business operations that is approved by the division and includes the following:

(a) The scope of work performed by the business;

(b) Organizational structure of the company including the person or persons responsible for technical management and quality control;

(d) Name and policy number of insurance carriers as required by these rules, or where applicable, verification from the municipality in which they are working, of municipality insurance coverage;

(e) Procedures for approval of alternate materials, design or methods of construction and modifications through the building official having jurisdiction; and

(f) Any documented policies and procedures describing business operations or application of the state building code and related regulations.

(2) Registered businesses providing building official and building inspection program services as described in OAR 918, division 020 shall also include the following information in their manual:

(a) Procedures for creating, maintaining and notifying the division of changes to the building inspection program standards (Operating Plan) required by OAR 918-020-0090; and

(b) Documentation of accounting procedures for receiving permit and hourly inspection fees and submitting required state surcharge reports and revenues to the division.

(3) Registrants may substitute copies of policies, procedures and forms used by the authority having jurisdiction, for portions of the Quality Control Manual required by this rule where the local procedures are used by the business to perform their work.

(4) Each registrant shall supplement its quality control manual following any change in process or items described in this rule and submit the supplement to the division for approval.

(5) Registered businesses shall review their quality control manual at least once a year to verify it appropriately reflects its current organization and operations. Any revisions shall be forwarded to the division and incorporated into the copy available to customers and affected jurisdictions following division approval.

History

Statutory/Other Authority: ORS 455.461
Statutes/Other Implemented: ORS 455.461
BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0310 Quality Control Manual — Record Keeping Requirements

(1) Businesses registered with the division to hire persons to perform specialty code plan reviews and inspections shall maintain records required by these rules including but not limited to:

(a) Plan review and inspection activity with the jurisdiction and address;

(b) For plan review the use of the building, size and its valuation;

(d) Inspector and plans examiner continuing education records.

(2) Where the business is the only provider of inspection and plan review services to a municipality, the municipality’s records may substitute for the requirements of Section (1) of this rule.

(3) Proof of insurance for a minimum of four years following expiration or use of their business registration.

History

Statutory/Other Authority: ORS 455.461
Statutes/Other Implemented: ORS 455.461
BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0320 Quality Control Manual — Requirements for Plan Review for Simple One- and Two-Family Dwellings

The following minimum requirements apply to registered businesses and licensees who are designated plan reviewers providing plan reviews for simple one- and two-family dwellings pursuant to ORS 455.465. The business or licensee shall:

(1) Receive the plan and verify that it is complete using a plan intake checklist approved by the division;

(2) Use appropriately certified and licensed individuals, to review the plan, document any code deficiencies in writing and cite the applicable code sections;

(3) When necessary, require revised plans or additional information to complete the review;

(4) Mark all required sets of plans as reviewed by a licensed plan reviewer with a stamp that includes the licensee’s printed name and signature, date and license number;

(5) Attach the list of plan review corrections to each set of plans;

(6) Return plans, plan review correction list and any supporting documents to the applicable jurisdiction or to the applicant for submittal to the authority having jurisdiction;

(7) Send a copy of the plan correction list directly to the authority having jurisdiction; and

(8) Make files relating to each plan review available to the applicant, the authority having jurisdiction and the division for review.

History

Statutory/Other Authority: ORS 455.457
Statutes/Other Implemented: ORS 455.457
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0400 Specialty Code Plan Reviewer and Inspector License and Business Registration Monitoring

This rule will become effective October 1, 2000.

(1) The division shall conduct monitoring of registered businesses or licensees with prior notice during any reasonable time. Monitoring shall include a review of the work performed by a registrant or licensee.

(2) Division monitoring may take place at the registrant’s place of business, at the location where business records are kept or at the building or project site. Following completion, monitoring reports shall be forwarded to the registrant or licensee in a timely manner.

(3) The division shall review and monitor the records and performance of each registrant or licensee to assure conformance with ORS Chapter 455, the Oregon specialty codes and these rules. The division shall review and monitor each registrant or licensee at least once every two years. To the degree possible and where applicable, these reviews shall be coordinated with local program reviews.

(4) The registrant or licensee shall make available to the division all requested documents in their possession including but not limited to:

(a) Quality Control Manual(s) and other approved policies and procedures;

(b) Plan review records and status reports;

(d) Reviewed and approved plans;

(e) Test records and reports;

(f) Copies of approved alternate materials, design or methods of construction and modifications;

(g) Contracts for plan review and inspection services;

(h) Continuing education records required under OAR 918, divisions 090, 098, 281, 695, or 780;

(i) Where permits are issued and inspections performed, accounting records necessary to verify accurate collection and payment of state surcharges;

(j) Approval of special inspectors and their reports; and

(k) Appropriate insurance records.

History

Statutory/Other Authority: ORS 455.461
Statutes/Other Implemented: ORS 455.461
BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 11-2000, f. 6-23-00, cert. ef. 7-1-00

Or. Admin. R. 918-090-0910 Enforcement — Penalty Guidelines

(1) For the purposes of this rule, an employer of the licensee is defined by ORS 652.310. This includes any person who engages personal services of one or more other persons.

(2) A relative is defined by ORS 95.200. This includes relatives of both the plan reviewer and the spouse of the plan reviewer.

(3) Persons subject to the penalties set forth in ORS 455.895 include, but are not limited to, the following:

(a) An individual who performs and approves specialty code plan reviews or inspections while neither an employee of a municipality or the division, nor licensed by the division as a plan reviewer and inspector.

(b) An individual who performs and approves specialty code plan reviews or inspections for a fee or other valuable consideration while not an employee of a municipality, the division, or a business registered by the division as a plan reviewer and inspector business.

(c) An individual whether or not licensed as a plan reviewer and inspector, or other entity, purporting to perform specialty code plan reviews or inspections without being registered with the division as a plan reviewer and inspector business.

(d) A person, other than a municipality or the division, who employs or contracts with an unlicensed person to perform specialty code plan reviews or inspections.

(e) A licensed plan reviewer and inspector who performs an inspection on a simple one- or two-family dwelling for which they previously performed a plan review while acting in the capacity of a designated plan reviewer under ORS 455.465.

(f) Any individual, including municipal or division employees, who performs a plan review or inspection for a project in which the plan reviewer and inspector, or the plan reviewer and inspector’s employer or relative, has any financial interest or business affiliation. Registrants and their employees, and employees of a municipality or the division may perform plan reviews or inspections of projects owned by any municipality or the State of Oregon.

(g) Any licensed specialty code plan reviewer and inspector who performs plan reviews or inspections in a specialty code area in which they do not hold a valid certification.

(h) Any licensed specialty code plan reviewer and inspector whose license has been suspended, revoked or is invalid for any other reason, who performs plan reviews or inspections.

(i) 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 listed in these rules.

History

Statutory/Other Authority: ORS 455.455 & 455.895
Statutes/Other Implemented: ORS 455.455 & 455.895
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Or. Admin. R. 918-090-0920 Investigation and Enforcement

For the purposes of administering and enforcing ORS 455.455 through 455.471, the division may charge a fee of $60 per hour when additional investigation or analysis is necessary.

History

Statutory/Other Authority: ORS 455.457 & 455.461
Statutes/Other Implemented: ORS 455.457 & 455.461
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 11-2000, f. 6-23-00, cert. ef. 7-1-00

Or. Admin. R. 918-090-0930 License and Registration Revocation, Cancellation or Suspension

(1) For the purpose of ORS 455.457, failing to achieve or maintain licensing competency or acting in such a manner that otherwise constitutes a danger to the public health or safety includes, but is not limited to, the following:

(a) Failing to complete required continuing education requirements;

(b) Failing to renew the license prior to expiration;

(d) Repeatedly failing to perform plan reviews or inspections that meet the minimum requirements of the Oregon Specialty Codes;

(e) Repeatedly failing to require correction of conditions that are in violation of the Oregon Specialty Codes;

(f) Failing to maintain plan review or inspection report records;

(g) Consistently failing to perform plan reviews or inspections in a timely manner;

(h) Failing to meet the provisions of their quality control manual as approved by the division;

(i) Failing to meet the division’s reporting requirements;

(j) Failing to submit and comply with an approved monitoring report correction plan;

(k) Entering into a project where the registrant or licensee has any financial interest or business affiliation;

(l) Submitting false information in application for certification;

(m) Submitting false information in plan reviews and inspection reports;

(n) Altering or falsifying plan review or inspection reports or records;

(o) Failing to maintain insurance as required by these rules;

(p) Failing to maintain at least one specialty code plans examiner or inspector certification as required by OAR 918-090-0210 to perform the scope of work defined in the business quality control manual;

(q) Violating any Oregon law or the administrative rules adopted thereunder relating to any specialty code; or

(r) Committing any other activity prejudicial to the Oregon Specialty Codes in locations subject to the authority of the registrant or licensee.

(2) A person whose license or registration has been revoked or suspended under ORS 455.457 and this rule may apply for its reinstatement not less than 90 days from the date of the revocation or suspension unless otherwise stated in the final order or these rules. The division may withhold reinstatement of a license or registration for up to one year, or until resolution of the alleged violations for which the license or registration was suspended.

(3) When a license or registration is suspended for any reason, it is necessary for the licensee or registrant to continue to comply with continuing education requirements where applicable and to apply for and pay for renewal of the license to prevent cancellation of the license by operation of law. In the event a license is revoked, the licensee or registrant will need to reapply as a new applicant.

History

Statutory/Other Authority: ORS 455.457
Statutes/Other Implemented: ORS 455.457
BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00

Division 98 CERTIFICATION RULES

Or. Admin. R. 918-098-1000 Purpose and Scope

(1) These rules establish minimum training, experience, certification, and certification renewal requirements for building officials and persons who perform specialty code plan review and inspections in this state.

(a) The certification requirements for commercial plumbing and electrical inspectors are located in OAR 918-695-0400 through 918-695-0410 and 918-281-0000 through 918-281-0020.

(b) Plan review and inspections required under the Oregon Reach Code are to be performed by individuals certified under these rules, OAR chapter 918, division 281, or chapter 918, division 695 to conduct plan review or inspections for the specialty code under which the particular Reach Code provision is regulated.

(2) Nothing in these rules is intended to allow a person to violate statute or rule or change certification and licensing requirements set forth in statute.

(3) Nothing in these rules prevents the director from waiving procedural requirements in the rare circumstance where substantial compliance is impracticable.

(4) Nothing in these rules prevents the director from pursuing actions under ORS 455.125, 455.127, 455.129, 455.740, 455.895 or these rules.

(5) For the purpose of these rules, “plan reviewer” and “plans examiner” have the same meaning.

History

Statutory/Other Authority: ORS 455.500 & ORS 455.720
Statutes/Other Implemented: ORS 455.500, ORS 455.720, ORS 446.250, ORS 455.622 & 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 5-2014, f. & cert. ef. 4-1-14
Reverted to BCD 34-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 1-2013(Temp), f. 2-1-13, cert. ef. 2-2-13 thru 7-31-13
BCD 34-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 20-2011(Temp), f. & cert. ef. 7-12-11 thru 12-31-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 18-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-098-1005 Definitions

As used in OAR chapter 918, division 098, unless the context requires otherwise:

(1) “A-level structures” means structures regulated by the Oregon Structural Specialty Code that require a state fire and life safety plan review or are required to be designed by an Oregon licensed architect or engineer pursuant to ORS Chapter 671.

(2) “B-level structures” means structures regulated by the Oregon Structural Specialty Code that do not require a state fire and life safety plan review and are not required to be designed by an Oregon licensed architect or engineer pursuant to ORS Chapter 671.

(3) “Building inspection technology” means an approved curriculum meeting the requirements of OAR 918-098-1420.

(4) “Building official” has the meaning given to that term in ORS 455.715.

(5) "Contract building official” means an owner, manager or employee of a person that the director 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.

(6) “Code change course” means a continuing education course that addresses changes to specialty codes, code standards, interpretations and alternate methods or administrative rules addressing code.

(7) “Commercial” means structures regulated by the Oregon Structural Specialty Code.

(8) “Cross training program” means a division approved residential, electrical or plumbing inspector on-the-job cross-training program and practical evaluation, established by the building official of a local jurisdiction, that meets the minimum training and education requirements established by the division.

(9) “Design” means professional, engineering or technical design of systems or components that requires computations, research or special knowledge.

(10) “Director” means the director of the Department of Consumer and Business Services.

(11) “Division” means the Building Codes Division of the Department of Consumer and Business Services.

(12) “Education institution” is an institution accredited through a nationally recognized body and is usually governed by a local board and receives a state recognition.

(13) “Education program” is a minimum two-year, or one-year focused building inspection technology program administered by an education institution.

(14) “International Code Council certification” means a certification issued by the International Code Council demonstrating that an individual has passed a specific International Code Council certification examination.

(15) “Nationally recognized certification body” means a body or organization that provides formal recognition that a person possesses minimum knowledge of a recognized code.

(16) “High priority training” means periodic continuing education training identified by the division that addresses new technologies or specific problem areas identified by the division.

(17) “Oregon code certification” means a certification issued by the division for a:

(a) Building Official;

(b) Fire and Life Safety Plans Examiner;

(d) B-Level Structural Plans Examiner;

(e) Residential or One-and-Two Family Dwelling Plans Examiner;

(f) Residential or One-and-Two Family Dwelling Structural Inspector;

(g) A-Level Structural Inspector;

(h) A-Level Mechanical Inspector;

(i) B-Level Structural Inspector;

(j) B-Level Mechanical Inspector;

(k) Residential or One-and-Two Family Dwelling Mechanical Inspector;

(l) Electrical Specialty Code Inspector;

(m) Residential or One-and-Two Family Dwelling Electrical Inspector;

(n) Plumbing Specialty Code Inspector;

(o) Residential or One-and-Two Family Dwelling Plumbing Inspector;

(p) Limited Plumbing Inspector – Building Sewers;

(q) Manufactured Structure Construction Inspector;

(r) Manufactured Structure Installation Inspector; and

(s) Park and Camp Inspector.

(18) “Oregon Inspector Certification” means a certification issued by the division demonstrating that a person has passed a division-approved examination that covers Oregon laws and regulations relating to state building codes including, but not limited to, architectural barrier laws governing accessibility to buildings by disabled persons.

(19) “Practical experience evaluation” means a division-approved process that may include, but is not limited to field training or evaluation to determine the skill and knowledge of a person by the division for the purposes of certification.

(20) “Recognized code” means a regulatory document enforced by one or more state or local governments that prescribes minimum standards for building materials and construction methods of buildings or structures and building service equipment including plumbing, mechanical and electrical systems.

(21) “Residential structures” means a structure regulated by the “Low-Rise Residential Dwelling Code” as defined by ORS 455.010.

(22) “Specialized inspector” means a person authorized to enforce all or portions of the specialty codes.

(23) “Year of experience” means 2,000 hours of documented experience.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.715, ORS 455.720, ORS 455.723, 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) & ORS 455.732
Statutes/Other Implemented: ORS 455.715, ORS 455.720, ORS 455.723, 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) & ORS 455.732
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 16-2019, amend filed 12/12/2019, effective 01/01/2020
BCD 5-2014, f. & cert. ef. 4-1-14
BCD 18-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0010
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0010
BCD 38-2000, f. 12-29-00, cert. ef. 1-1-01
BCD 15-1997, f. 9-30-97, cert. ef. 10-1-97
BCD 8-1997, f. & cert. ef. 4-1-97, Renumbered from 918-099-0220
BCD 23-1996(Temp), f. & cert. ef. 10-21-96
BCA 16-1992, f. & cert. ef. 8-11-92

Or. Admin. R. 918-098-1010 Certification Exemptions

(1) Plan review certification is not required for individuals reviewing one- and two-family dwelling permit applications for the following:

(a) First floor decks attached to a dwelling that:

(A) Extend not more than 12 feet from the dwelling but not closer than three feet to a property line;

(B) Are not more than 8 feet above grade;

(D) Are not in excess of a 2 horizontal 1 vertical ground slope.

(b) Car ports with a single slope that:

(A) Have a rafter span extending not more than 12 feet from a dwelling;

(B) Are attached to the dwelling for the full length not to exceed 30 feet;

(D) Will not exceed a combined 80 PSF live and dead load.

(A) Have a single slope roof;

(B) Have a rafter span extending not more than 12 feet from the dwelling;

(D) Have a maximum overhang of two feet that is not closer than three feet to a property line; and

(E) Will not exceed a combined 80 PSF live and dead load.

(d) Fences not greater than 8 feet in height.

(e) Garage conversions as an accessory to a one- or two-family dwelling with no new cut openings in the existing wall.

(f) Window, door, or bathroom remodels where there are no load-bearing or lateral-bracing wall penetrations.

(g) Pole or manufactured steel structures with a maximum of 3,000 square feet that:

(A) Have a maximum 14-foot eave height;

(B) Are not closer than three feet to the property line and at least 6 feet from all other buildings on the same lot; and

(h) Mechanical equipment for the purposes of determining setback requirements have been met.

(2) Plan review certification is not required for individuals reviewing permit applications for buildings or structures that have plans and specifications provided by the department or a municipality under ORS 455.062.

(3) The building official is responsible for ensuring that persons performing permit reviews under this section utilize a division-approved checklist to perform reviews.

(4) The building official may determine based on unusual features, characteristics or other complicating circumstances that a certified individual must review a permit application.

(5) Where a jurisdiction routinely performs permit reviews for a type of project determined by the building official to be similar in complexity to the types of projects listed in sections (1) and (2) of this rule, the building official may submit a checklist to the division for approval. If approved, the jurisdiction may utilize the checklist in the same manner as section (3).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.030, 455.055, 455.062, 455.110, 455.720 & 455.730
Statutes/Other Implemented: ORS 455.030, 455.055, 455.062, 455.110, 455.720 & 455.730
BCD 8-2016, f. 6-30-16, cert. ef. 7-1-16
BCD 6-2016, f. & cert. ef. 4-1-16
BCD 1-2016(Temp), f. & cert. ef. 1-26-16 thru 7-23-16
BCD 5-2014, f. & cert. ef. 4-1-14
BCD 9-2013, f. 12-16-13, cert. ef. 1-1-14
BCD 7-2013(Temp), f. 7-26-13, cert. ef. 8-1-13 thru 12-31-13
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 18-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-098-1012 Scope of Work Allowed for Persons with an Oregon Inspector Certification and a Nationally Recognized Certification

This rule is repealed effective November 1, 2016. After November 1, 2016, this rule will no longer be necessary because individuals may not perform inspections or plan reviews without an Oregon Code Certification. The scopes of work in this rule will be covered by OAR 918-098-1015. See also 918-098-1100 for information about transitioning nationally recognized certifications to Oregon Code Certifications.

(1) Individuals meeting the experience requirement in OAR 918-098-1025 who possess a valid Oregon Inspector Certification and a current International Code Council certification may perform work based on the type of International Code Council Certification they possess.

(2) A Certified Building Official Legal/ Management may oversee a jurisdiction’s administration and enforcement of the state building code for those specialty codes assumed by the jurisdictions pursuant to ORS 455.148 or 455.150. Building officials may not perform plan reviews or inspections unless they possess the appropriate certification for the type of plan review or inspection being performed.

(a) Commercial Building Inspector certificate holders may conduct construction inspections for:

(A) All work regulated by the Oregon Structural Specialty Code; and

(B) Structural work on townhouse structures and apartment buildings regulated by the Oregon Residential Specialty Code.

(b) Commercial Building Plans Examiner certificate holders may review construction plans for:

(A) Compliance with the provisions of the Oregon Structural Specialty Code and Oregon Fire Code, except the fire and life safety plan review provisions for structures required to receive a state fire and life safety plan review; and

(B) Fire and life safety construction on townhouse structures and apartment buildings regulated by the Oregon Residential Specialty Code.

(c) Commercial Fire Plans Examiner certificate holders who also have the Commercial Building Plans Examiner Certificate may review construction plans for compliance with the fire and life safety plan review provisions of the Oregon Structural Specialty Code and the Oregon Fire Code.

(d) A Commercial Mechanical Inspector certificate holder may conduct construction inspections and may review construction plans for:

(A) All work regulated by the Oregon Mechanical Specialty Code; and

(B) Mechanical work on townhouse structures and apartment buildings regulated by the Oregon Residential Specialty Code.

(e) A Residential Building Inspector certificate holder may conduct construction inspections and plan reviews for structural work regulated by the Oregon Residential Specialty Code; and

(A) Construction work on any aspect of manufactured structures and accessory buildings and structures regulated under the Oregon Manufactured Dwelling Installation Specialty Code;

(B) The provisions of OAR chapter 918, division 500;

(D) Plan review and inspection of manufactured dwelling parks, recreational parks, organizational camps, and picnic parks.

(f) A Residential Mechanical Inspector certificate holder may conduct inspections and plan reviews for mechanical work regulated by the Oregon Residential Specialty Code; and

(A) Mechanical work on manufactured dwelling alterations under the Oregon Manufactured Dwelling Installation Specialty Code;

(B) The provisions of OAR chapter 918, division 500;

(D) Plan review and inspection of manufactured dwelling parks, recreational parks, organizational camps, and picnic parks.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.720 & 455.730
Statutes/Other Implemented: ORS 455.720 & 455.730
BCD 8-2016, f. 6-30-16, cert. ef. 7-1-16
BCD 6-2016, f. & cert. ef. 4-1-16
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 13-2007, f. 12-28-07 cert. ef. 1-1-08
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05

Or. Admin. R. 918-098-1015 Scope of Work Allowed for Persons with an Oregon Inspector Certification and Oregon Code Certifications

Persons who possess a valid Oregon Inspector Certification and a valid Oregon Code Certification may perform inspections and plan reviews based on the class designated on their certificate. The classes, other than electrical and plumbing inspector classifications found in OAR 918-281-0020 and 918-695-0400, are:

(1) Building Official. Persons certified as an Oregon Building Official may oversee jurisdictions' administration and enforcement of the state building code for those specialty codes assumed by the jurisdiction pursuant to ORS 455.148 or 455.150. Building officials may not perform plan reviews or inspections unless they possess the appropriate certification for the plan review or inspection being performed.

(2) Fire and Life Safety. Persons certified as fire and life safety plans examiners may review construction plans for compliance with the fire and life safety plan review provisions of the Oregon Structural Specialty Code and the Oregon Fire Code for any structure regulated by the Oregon Structural Specialty Code.

(3) A-Level.

(a) Persons certified as A-level structural plans examiners may:

(A) Review construction plans for compliance with the provisions of the Oregon Structural Specialty Code and Oregon Fire Code for all work regulated by the Oregon Structural Specialty Code, except the fire and life safety plan review provisions for structures required to receive a state fire and life safety plan review; and

(B) Review construction plans for work that falls within the B-level structural plans examiner classification.

(b) Persons certified as A-level structural inspectors:

(A) Conduct construction inspections of all work regulated by the Oregon Structural Specialty Code; and

(B) Conduct inspections of work that falls within the B-level structural inspector classification.

(A) Conduct construction inspections and may review construction plans for all work regulated by the Oregon Mechanical Specialty Code; and

(B) Conduct inspections and review construction plans for work that falls within the B-level mechanical inspector classification.

(4) B-Level.

(a) Persons certified as B-level structural plans examiners may review construction plans for compliance with the provisions of the Oregon Structural Specialty Code and Oregon Fire Code for work regulated by the Oregon Structural Specialty Code, except:

(A) Work in structures required to receive a state fire and life safety plan review; and

(B) Work in structures required to be designed by an Oregon registered architect or certified professional engineer pursuant to ORS chapter 671.

(b) Persons certified as B-level structural inspectors may conduct construction inspections of work regulated by the Oregon Structural Specialty Code, except:

(A) Work in structures required to receive a state fire and life safety plan review; and

(B) Work in structures required to be designed by an Oregon registered architect or certified professional engineer pursuant to ORS chapter 671.

(c) Persons certified as B-level mechanical inspectors may conduct construction inspections of work regulated by the Oregon Mechanical Specialty Code, except:

(A) Work in structures required to receive a state fire and life safety plan review; and

(B) Work in structures required to be designed by an Oregon registered architect or certified professional engineer pursuant to ORS chapter 671.

(d) Persons certified as B-level structural plans examiners, B-level structural inspectors, or B-level mechanical inspectors:

(A) May qualify to be certified to review construction plans or conduct inspections of structures regulated by the Oregon Residential Specialty Code; and

(B) May not be authorized to review construction plans or conduct inspections of structures that are outside the B-level classification without first obtaining the appropriate certification.

(5) One and two family dwelling or residential.

(a) Persons certified as one and two family dwelling or residential:

(A) Structural inspectors may conduct construction inspections of structural and mechanical work regulated by the Oregon Residential Specialty Code; and

(i) Manufactured structures and manufactured structure accessory buildings and structures under the Oregon Manufactured Dwelling Installation Specialty Code;

(ii) The provisions of OAR chapter 918, division 500;

(iii) The Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282; and

(iv) Plan review and inspection of manufactured dwelling parks, recreational parks, organizational camps, and picnic parks.

(B) Mechanical inspectors may conduct inspections for mechanical work regulated by the Oregon Residential Specialty Code; and

(i) Manufactured dwellings under the Oregon Manufactured Dwelling Installation Specialty Code;

(ii) The provisions of OAR chapter 918, division 500;

(iii) The Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282; and

(iv) Plan review and inspection of manufactured dwelling parks, recreational parks, organizational camps, and picnic parks.

(C) Plumbing inspectors may conduct inspections for plumbing work regulated by the Oregon Residential Specialty Code; and

(i) Manufactured dwellings under the Oregon Manufactured Dwelling Installation Specialty Code;

(ii) The provisions of OAR chapter 918, division 500;

(iii) The Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282;

(iv) Plan review and inspection of manufactured dwelling parks, recreational parks, organizational camps, and picnic parks; and

(v) Any portion of a solar water heating system installation up to 180 gallons of storage tank capacity.

(D) Electrical inspectors may conduct inspections for electrical work regulated by the Oregon Residential Specialty Code; and

(i) The Oregon Manufactured Dwelling Installation Specialty Code;

(ii) The provisions of OAR chapter 918, division 500;

(iii) The Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282;

(iv) Plan review and inspection of manufactured dwelling parks, recreational parks, organizational camps, and picnic parks; and

(v) Any portion of a solar PV installation up to 25 Kw.

(b) Persons certified as a one-and-two family dwelling plans examiners may review construction plans for compliance with provisions of the Oregon Residential Specialty Code; and

(i) Structures under the Oregon Manufactured Dwelling Installation Specialty Code;

(ii) The provisions of OAR chapter 918, division 500;

(iii) The Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282; and

(iv) Plan review and inspection of manufactured dwelling parks, recreational parks, organizational camps, and picnic parks.

(c) Persons certified as a one and two family dwelling or residential inspectors and plans examiners may not be authorized to review construction plans or conduct inspections of either A-level or B-level structures without the required commercial A-level or B-level certification.

(d) See OAR 918-098-1325 for additional requirements of one and two family dwelling residential inspectors and plans examiners performing manufactured dwelling alteration inspections or plan reviews.

(e) See OAR 918-098-1330 for additional requirements of one and two family dwelling residential inspectors performing manufactured structure accessory structure or accessory building inspections.

(6) Specialized Solar Photo-Voltaic. Persons certified as a Specialized Solar PV inspector may conduct inspections of the structural and electrical systems for solar PV installations up to 25 Kw that follow the “prescriptive installation” provisions in section 3111.5 of the Oregon Structural Specialty Code.

(7) Plumbing inspectors certified under OAR 918-695-0400 may, in addition to any other authority, inspect any portion of a solar water heating system installation up to 180 gallons of storage tank capacity. This rule does not apply to limited or special plumbing inspectors.

(8) Electrical inspectors certified under OAR 918-281-0020 may, in addition to any other authority, inspect any portion of a solar PV installation up to 25 Kw.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.720
BCD 8-2016, f. 6-30-16, cert. ef. 7-1-16
BCD 6-2016, f. & cert. ef. 4-1-16
BCD 5-2014, f. & cert. ef. 4-1-14
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 13-2007, f. 12-28-07 cert. ef. 1-1-08
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0060
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0060
BCD 15-1997, f. 9-30-97, cert. ef. 10-1-97
BCD 8-1997, f. & cert. ef. 4-1-97, Renumbered from 918-099-0065
BCA 16-1992, f. & cert. ef. 8-11-92
DC 4-1983, f. & cert. ef. 1-12-83, Renumbered from 814-003-0065
DC 10-1980, f. & cert. ef. 9-10-80
DC 24-1978, f. & cert. ef. 9-1-78

Or. Admin. R. 918-098-1020 Expanded Scope of Work for Oregon A- or B-Level or Commercial Mechanical Inspectors

Unless stated otherwise within this rule, this rule is applied retroactively from July 1, 2010.

(1) Persons may conduct inspections of brazing or welding work related to the installation, alteration, or repair of refrigeration piping systems, except as regulated by the Oregon Boiler and Pressure Vessel Program under OAR chapter 918, division 225.

(2) To perform work under section (1) of this rule, these persons must successfully complete a training program in accordance with either Section IX, "Welding and Brazing Qualification" of the ASME Boiler and Pressure Vessel Code, or AWS B2.2, "Standard for Brazing Procedure and Performance Qualification" administered by a division-approved organization.

(3) Inspector certification for refrigeration piping in residential structures is not required.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.720
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
Renumbered from 918-098-1080, BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0900
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0900
BCD 2-2001, f. 2-2-01, cert. ef. 7-1-01

Or. Admin. R. 918-098-1025 Certification Requirements

(1) Unless otherwise stated in this rule, every person who performs building official duties, building code inspections, or plan reviews must possess an active Oregon Inspector Certification and either an active appropriate Oregon specialty code certification or authorization from the division for the scope of work being performed.

(2)(a) Persons applying for the Oregon Inspector Certification must:

(A) Submit a division-approved application with the $125 fee;

(B) Attend all required orientations and classes; and

(b) Applicants for an Oregon Inspector Certification who fail the examination may reapply under this section to retest for a fee of $80.

(3) Persons applying for an Oregon specialty code certification must:

(a) Have an active Oregon Inspector Certification;

(b) Submit a division-approved application demonstrating appropriate experience, if required for the certification by OAR chapter 918, division 281, 695, or these rules, or complete a certification training course administered by the division;

(d) Successfully pass the appropriate Oregon specialty code certification exam, or submit proof of a valid appropriate International Code Council certification or other valid appropriate nationally recognized certification or license for:

(A) Commercial Building Inspector;

(B) Commercial Building Plans Examiner;

(D) Commercial Mechanical Inspector;

(E) Residential Building Inspector;

(F) Residential Plans Examiner; and

(G) Any other International Code Council or other nationally recognized certification the division determines is equivalent to an Oregon Code Certification.

(4) Persons applying for a training course administered by the division must:

(a) Submit a division-approved registration form; and

(b) Pay the course registration fee.

(5) A person must successfully complete a division certification training course in order to obtain division certification through the course.

(6) Applicants for certification as a building officials and certified Oregon building officials must posses a valid Oregon Inspector Certification and must enroll in or complete a certification training course for building officials administered by the division within six months of hire unless the person has previously completed a building official training course administered by the division. A person enrolled in a certification training course for building officials administered by the division must successfully complete this course to continue performing building official duties.

(7) Applicants for an Oregon specialty code certification who fail the examination may reapply under section (3) of this rule to retest. Applicants may not retake the test for 30 days after each failed attempt.

(8) If an applicant fails to take the Oregon Inspector Certification exam or the Oregon specialty code certification exam within 60 days of being approved to do so, the application is considered withdrawn, and the applicant must re-apply under section (2) or (3) of this rule.

History

Statutory/Other Authority: ORS 455.720, 455.730 & 455.735
Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735
BCD 10-2022, amend filed 09/29/2022, effective 10/01/2022
BCD 8-2016, f. 6-30-16, cert. ef. 7-1-16
BCD 6-2016, f. & cert. ef. 4-1-16
BCD 1-2016(Temp), f. & cert. ef. 1-26-16 thru 7-23-16
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-098-1028 Temporary rule language in effect until 10/01/2026. Oregon Inspector Certification and Oregon specialty code certification Renewal and Expiration Process

(1) Renewal of an Oregon Inspector Certification is required to renew any associated Oregon specialty code certifications. To renew an Oregon Inspector Certification or an Oregon specialty code certification a person must:

(a) Complete and submit the division issued Oregon Inspector Certification renewal form;

(b) Complete and submit the Oregon specialty code certification form for the specialty code certifications being renewed;

(c) Provide documentation that all continuing education course requirements are complete as required by the division under OAR 918-098-1450; and

(d) Pay the $125 Oregon Inspector Certification renewal fee for the three-year term.

(2) Oregon Inspector Certification and associated Oregon specialty code certifications expire on June 1, 2023, and every three years thereafter.

(a) If an Oregon Inspector Certification or an associated Oregon specialty code certification is not timely renewed before their expiration date the inspector may not perform work under the expired certification except as allowed under this rule.

(b) A person holding a certification that has expired, but has paid the required renewal fee and submitted the required renewal forms may continue to work with an expired certification under the following conditions:

(A) From June 1 to June 30 of the renewal year, a person may continue to work as long as they are making progress to complete their continuing education requirements to renew the expired certification.

(B) From July 1 to July 31 of the renewal year the person will need to obtain the approval of their supervising building official to continue working under an expired certification. The supervising building official will need to notify the division in writing of the intent to allow the person to continue working under their expired certification while they complete the continuing education renewal requirements.

(C) If the person does not renew during the period in this section, the person may not continue to work under the expired certification. A new application and certification are required in order to perform work requiring an active certification.

(3) The division will send one renewal notification to the address on file of the certification holder at least 45 days prior to certification expiration. It is the responsibility of the certification holder to notify the division of a change of address.

(4) Notwithstanding section (2) of this rule, any certification governed by this rule that would expire on June 1, 2026, instead expires on October 1, 2026.

History

Statutory/Other Authority: ORS 455.720, 455.730 & 455.735
Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735
BCD 9-2026, temporary amend filed 07/31/2026, effective 07/31/2026 through 10/01/2026
BCD 10-2022, amend filed 09/29/2022, effective 10/01/2022
BCD 8-2016, f. 6-30-16, cert. ef. 7-1-16
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10

Or. Admin. R. 918-098-1100 2016 Certification Transition

(1) Notwithstanding OAR 918-098-1025, the division may issue an equivalent Oregon Code Certification to a person with a valid Oregon Inspector Certification, a valid appropriate International Code Council Certification, or an appropriate nationally recognized certification or license, issued prior to April 1, 2016, for:

(a) Commercial Building Inspector;

(b) Commercial Building Plans Examiner;

(d) Commercial Mechanical Inspector;

(e) Residential Building Inspector;

(f) Residential Mechanical Inspector;

(g) Residential Plans Examiner; and

(h) Any other International Code Council or other nationally recognized certification the division determines is equivalent to an Oregon Code Certification.

(2) Notwithstanding OAR 918-098-1025, the division may issue an Oregon Building Official certification to a person with a valid Oregon Inspector Certification issued prior to April 1, 2016; and

(a) Successfully passed an International Code Council Building Official Legal/Management examination prior to April 1, 2016; or

(b) Obtained a valid International Code Council Certified Building Official certification prior to April 1, 2016.

(3) The division may deny the issuance of an equivalent Oregon certification under (1) and (2) of this rule if:

(a) A final order, including a consent order or default order, has been issued against the person pursuant to ORS chapter 455;

(b) The person is unable to produce evidence of a valid nationally recognized certification or successful passage of an International Code Council Building Official Legal/Management examination;

(c) The person has not completed all required continuing education for the certification pursuant to section (4) of this rule; or

(d) In addition to any other authority, the division finds the person is not entitled to possess the equivalent Oregon certification because of any prejudicial or unlawful action, including but not limited to, demonstrated lack of code knowledge, failing to properly administer the code, and not acting in the public interest.

(4) For the period between November 1, 2013 and November 1, 2016, code change continuing education is required for a person who received a certification before the effective date of a new applicable Oregon code for the certification. If the applicable Oregon code for the certification has not changed since the person received the certification, or if the division determined code change continuing education was not necessary for the applicable code, no code change continuing education is required.

(5) If a certification holder fails to complete required continuing education for a given certification by the deadline for renewal of their Oregon Inspector Certification, the certification for which they did not complete continuing education will be denied and the person may not re-apply for the certification pursuant to OAR 918-098-1025 for the three-year period covered by the Oregon Inspector Certification. Instead, to obtain the certification, the person must reapply and successfully pass an examination administered by the division.

(6) Applicants who fail the examination under section (5) of this rule may reapply and retest for a fee of $80.

(7) Persons who have not obtained the appropriate Oregon certification by November 1, 2016 may not perform duties as a building official or perform inspections or plan reviews for which an Oregon Code Certification is required.

History

Statutory/Other Authority: ORS 455.622, 455.720 & 455.730
Statutes/Other Implemented: ORS 455.622, 455.720 & 455.730
BCD 8-2016, f. 6-30-16, cert. ef. 7-1-16

Or. Admin. R. 918-098-1210 Residential Plumbing Inspectors

(1) A person possessing an Oregon "One and Two Family Dwelling Plumbing Inspector" certification is considered a "Residential Plumbing Inspector" for the purpose of these rules.

(2) A person issued a residential plumbing inspector certification must also possess a valid Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing residential plumbing inspections.

(3) A residential plumbing inspector may conduct inspections for plumbing work regulated by the Oregon Residential Specialty Code, and where connection to the building is not a separate plumbing system; and

(a) Plumbing work on manufactured dwellings, manufactured structure accessory buildings and structures under the Oregon Manufactured Dwelling Installation Specialty Code;

(b) The provisions of OAR chapter 918, division 500;

(d) Plan review and inspection of manufactured dwelling parks, recreational parks, organizational camps, and picnic parks; and

(e) Any portion of a solar water heating system installation up to 180 gallons of storage tank capacity.

(4) To qualify to perform work as a residential plumbing inspector, individuals must demonstrate compliance with at least one of the following minimum experience, education, or training requirements:

(a) A valid division certification as an Oregon Plumbing Specialty Code inspector; or

(b) Completion of a training course administered by the division; or

(d) 2 years of experience as a plumbing inspector in another jurisdiction inspecting plumbing systems in commercial or residential structures for compliance with a recognized code for plumbing installations; or

(e) 90 quarter hours or 60 semester hours education and training in mechanical engineering, which includes designing and installing plumbing systems, through a college or community college; or

(f) Valid division certification as a one and two family dwelling or residential inspector under one or more provisions of the Oregon Residential Specialty Code, and:

(A) 1 year of experience administering and enforcing another provision of the Oregon Residential Specialty Code; and

(B) Confirmation by the building official of the jurisdiction that employs the applicant that the applicant has completed a one and two family dwelling or residential plumbing inspector cross-training program that meets the minimum requirements established by the division.

(g) Any combination of experience designing, installing, or inspecting plumbing systems totaling 3 years.

(5) Persons certified by a nationally recognized certification body to inspect plumbing systems in commercial or residential structures according to a recognized code in plumbing installations may be granted 2 years of credit toward the experience requirements listed in subsections (4)(c) and (d) of this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.622
BCD 6-2016, f. & cert. ef. 4-1-16
BCD 5-2014, f. & cert. ef. 4-1-14
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0220
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0220
BCD 38-2000, f. 12-29-00, cert. ef. 1-1-01
BCD 8-1997, f. & cert. ef. 4-1-97

Or. Admin. R. 918-098-1215 Residential Electrical Inspectors

(1) A person possessing an Oregon "One and Two Family Dwelling Electrical Inspector" certification is considered a "Residential Electrical Inspector" for the purpose of these rules.

(2) A person issued a residential electrical inspector certification must also possess a valid Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing residential electrical inspections.

(3) Residential electrical inspectors may conduct inspections for electrical work regulated by the Oregon Residential Specialty Code; and

(a) Electrical work on manufactured dwellings, manufactured structure accessory buildings and structures under the Oregon Manufactured Dwelling Installation Specialty Code;

(b) The provisions of OAR chapter 918, division 500;

(d) Plan review and inspection of manufactured dwelling parks, recreational parks, organizational camps, and picnic parks; and

(e) Any portion of a solar PV installation up to 25 Kw.

(4) To qualify to perform work as a residential electrical inspector, individuals must demonstrate compliance with at least one of the following minimum experience, education, or training requirements:

(a) A valid division certification as an Oregon Electrical Specialty Code inspector; or

(b) Completion of a training course administered by the division; or

(c) 2 years of experience installing electrical systems as a limited residential journeyman electrician or a general journeyman electricians license or their respective equivalents; or

(d) 2 years of experience as an electrical inspector in another jurisdiction inspecting electrical installations in commercial or residential structures for compliance with a recognized code for electrical installations; or

(e) 90 quarter hours or 60 semester hours education and training in electrical engineering, which includes designing and installing electrical systems, through a college or community college; or

(f) Valid division certification as a one and two family dwelling or residential inspector under one or more provisions of the Oregon Residential Specialty Code, and:

(A) 1 year of experience administering and enforcing another provision of the Oregon Residential Specialty Code; and

(B) Confirmation by the division that an applicant has completed a one and two family dwelling or residential electrical inspector cross-training program that meets the minimum requirements established by the division.

(g) Any combination of experience or education listed in subsections (c) through (e) of this section designing, installing, or inspecting electrical systems totaling 3 years.

(5) Persons certified by a nationally recognized certification body to inspect electrical installations in commercial or residential structures according to a recognized code in electrical installations may be granted 2 years of credit toward the experience requirements and may be considered as meeting some requirements of a division approved cross-training program, except the experience listed in subsections (4)(c) and (d) of this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.622
BCD 6-2016, f. & cert. ef. 4-1-16
BCD 5-2014, f. & cert. ef. 4-1-14
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0230
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0230
BCD 38-2000, f. 12-29-00, cert. ef. 1-1-01
BCD 8-1997, f. & cert. ef. 4-1-97

Or. Admin. R. 918-098-1300 Certifications Related to Manufactured Structures and Parks

Scope. The rules in OAR 918-098-1300 to 918-098-1330 relate to certifications for inspectors and plans examiners dealing with manufactured dwellings, manufactured dwelling parks, organizational camps, recreation parks, and picnic parks.

(1) A person issued a manufactured structure installation inspector, manufactured structure construction inspector, or park and camp inspector certification must also possess a valid Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing inspections.

(2) Hiring Non-Certified Persons. The division or a jurisdiction may employ a person not meeting the minimum requirements of OAR 918-098-1305 through 918-098-1320 while the person is being trained or waiting to qualify to take the division examination. During this period, the person may only perform inspections or plan reviews under the direct supervision of appropriately certified trainers. Training must be provided by an inspector or plans examiner having a minimum of three years experience in the same certification or a person approved by the board. This rule does not waive the requirements of ORS 455.730 or permit the division or jurisdiction to hire or use persons whose certifications have lapsed or been revoked.

(3) Inspectors and plans examiners of prefabricated structures do not require special certifications but must have the appropriate certifications required for performing inspections or plan reviews under the specific specialty code being used.

(4) Applicable definitions in OAR 918-098-1005 apply in addition to the following definitions that only apply to 918-098-1300 through 918-098-1330:

(a) "Board" means the Residential and Manufactured Structures Board.

(b) "Building Construction," relating to experience qualifications, means site-built construction, prefabricated construction, or manufactured structure construction.

(c) "One Year," relating to experience qualifications, means 2,000 hours of work experience, 45 or more credit hours of schooling in the quarter system, or 30 or more credit hours of schooling in the semester system.

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 446.250 & 455.720
BCD 16-2019, amend filed 12/12/2019, effective 01/01/2020
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0300
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0300
BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97, Renumbered from 918-099-0130
BCA 25-1990, f. & cert. ef. 10-17-90

Or. Admin. R. 918-098-1305 Manufactured Structure Installation Inspector Certification

(1) Scope of Activities and Authority.

(a) A manufactured structure installation inspector conducts onsite field inspections of manufactured dwelling installations including site preparation, setbacks, drainage, stand, foundation support, earthquake bracing systems, tie-downs, under-floor enclosures, access, egress, plumbing utility connections (within 30 lineal feet of the manufactured dwelling), mechanical connections and electrical feeder assembly connections (as defined by Article 550 of the National Electrical Code), electrical fixture connections, and plumbing, mechanical, and electrical crossover connections for manufactured structures under ORS 446.230 and 446.240;

(b) This certification does not include inspections or plan reviews of manufactured dwelling alterations or manufactured structure accessory structures and accessory buildings. See OAR 918-098-1325 and 918-098-1330 for certification requirements.

(A) Meets all of the requirements of this rule and OAR 918-500-0055;

(B) Complies with ORS 446.250 and 446.253(2) relating to the delegation of full responsibility for permit issuance and inspections;

(D) Enforces the current edition of the Oregon Manufactured Dwelling Installation Specialty Code, the provisions of OAR chapter 918, division 500, and all referenced standards contained therein.

(2) A Manufactured Structure Installation Inspector must also possess an Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing inspections.

(3) Revocation. The division is authorized to revoke this certification under ORS 446.255. Persons certified under this rule who fail to meet the minimum continuing education requirements are subject to revocation. If the minimum continuing education is met within 60 days from the date it was originally due, the division may discontinue any pending revocation action based on a failure to meet minimum continuing education requirements.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.250, 446.255 & 455.720
Statutes/Other Implemented: ORS 446.250, 446.255 & 455.720
BCD 6-2017, f. 6-27-17, cert. ef. 7-1-17
BCD 1-2017(Temp), f. & cert. ef. 1-19-17 thru 7-17-17
BCD 6-2016, f. & cert. ef. 4-1-16
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0310
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0310
BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97, Renumbered from 918-099-0135
BCA 25-1990, f. & cert. ef. 10-17-90

Or. Admin. R. 918-098-1315 Manufactured Structure Construction Inspector Certification

Unless stated otherwise within this rule, this rule is applied retroactively from July 1, 2010.

(1) Scope of Activities and Authority. A manufactured structure construction inspector conducts field, dealer lot, consumer assistance, alteration, visual and manufacturing plant inspections, reviews plans, and provides technical services for manufactured dwelling manufacturers, dealers, and owners.

(2) Procedure for Qualification. An applicant for this certification must meet the general qualifications in section (3) of this rule, make application, pay the required fees, and pass a division-approved examination.

(3) Experience, Education, and Training Requirements. An applicant for certification as a manufactured structure construction inspector must have at least one of the following:

(a) 2 years of experience as a supervisor in the building construction industry;

(b) 2 years of experience in design work related to building construction;

(d) 2 years of experience as a quality control inspector in a manufactured structures plant;

(e) An associate degree or equal from a division-approved education program in a construction-related field; or

(f) Any combination of the experience and education listed in subsections (a) through (e) of this section equaling at least two years; or

(g) A one year certificate of completion in building inspection technology from a division-approved education program and completion of 800 hours working under the supervision of a person with a minimum of three years experience as a certified manufactured structure construction inspector or a person approved by the board.

(4) Inspector Examination. An applicant for certification as a manufactured structure construction inspector must pass a division-approved examination covering:

(a) Oregon Manufactured Dwelling Installation Specialty Code;

(b) National Electrical Code (NEC) NFPA 70 (2008 Edition);

(d) Public Law 93-383, Title VI;

(e) ORS 446.003 and 446.155 to 446.253; and

(f) OAR chapter 918, division 500.

(5) A Manufactured Structure Construction Inspector must also possess an Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing inspections.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.250 & 455.720
Statutes/Other Implemented: ORS 446.250 & 455.720
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0330
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0330
BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97, Renumbered from 918-099-0145
BCA 25-1990, f. & cert. ef. 10-17-90

Or. Admin. R. 918-098-1320 Park and Camp Inspector Certification

Scope of Activities and Authority.

(1) A park and camp inspector conducts field inspections, reviews plans, and provides other technical services for manufactured dwelling parks, recreational parks, organizational camps, and picnic parks under ORS 446.066 and 446.335.

(2) This certification can only be used in a jurisdiction that:

(a) Meets all of the requirements of this rule;

(b) Complies with ORS 446.430, 455.170, and 455.680 relating to the delegation of full responsibility for permit issuance and inspections; and

(c) Issues permits, enforces the current edition of ORS chapter 446, OAR chapter 918, divisions 600 and 650, and all referenced standards contained therein.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.720
BCD 6-2016, f. & cert. ef. 4-1-16
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0340
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0340
BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97, Renumbered from 918-099-0150
BCA 25-1990, f. & cert. ef. 10-17-90

Or. Admin. R. 918-098-1325 Requirements for Alteration Inspection and Plan Review of Manufactured Dwellings

(1) Scope of Work. Manufactured dwelling alteration inspections and plan reviews include on-site field inspections of alterations including structural, fire and life safety, electrical, plumbing, and mechanical alterations made to manufactured dwellings after the initial sale of the home to the first consumer after all the terms of the sales contract have been met. Most alteration inspections made prior to this time are the responsibility of the division and must be performed by a certified manufactured structure construction inspector.

(2) Certifications. Inspectors of manufactured dwelling alterations are required to be certified by ORS 446.250. The division requires that persons performing inspections or plan reviews on manufactured dwelling alterations have:

(a) An Oregon Inspector Certification and the appropriate Oregon Code Certification under OAR 918-098-1015 for the Oregon Residential Specialty Code for the specific discipline being used; or

(b) An Oregon Inspector Certification and the appropriate ICC Residential Certification as described in OAR 918-098-1010.

(3) The requirement in section (2) is not applicable to alteration inspections performed on manufactured homes still under the jurisdiction of the U.S. Department of Housing and Urban Development (HUD).

(4) Authority. Inspectors and plans examiners of manufactured dwelling alterations may only inspect or review plans in a jurisdiction that has been delegated the manufactured dwelling alteration program and that:

(a) Complies with ORS 446.250 and 446.253(2) relating to the delegation of full responsibility for permit issuance and inspections;

(b) Issues permits and enforces the current edition of ORS chapter 446 and OAR chapter 918, division 500;

(d) Enforces the current edition of the Oregon Manufactured Dwelling Installation Specialty Code and all referenced standards contained therein.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.250 & 455.720
Statutes/Other Implemented: ORS 446.250 & 455.720
BCD 6-2017, f. 6-27-17, cert. ef. 7-1-17
BCD 1-2017(Temp), f. & cert. ef. 1-19-17 thru 7-17-17
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0350
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0350
BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97

Or. Admin. R. 918-098-1330 Manufactured Structure Accessory Structure or Accessory Building Inspection

Unless stated otherwise within this rule, this rule is retroactive to July 1, 2010.

(1) Scope of Work. Manufactured structure accessory structure or accessory building inspections and plan reviews include on-site field inspections of installations of manufactured structure accessory structures and accessory buildings (i.e., carports, ramadas, cabanas, garages, storage sheds, awnings, decks, steps, and ramps).

(2) Certifications. Inspectors of manufactured structure accessory structures and accessory buildings are required to be certified by ORS 446.250. To satisfy this mandate, the division requires that persons performing inspections or plan reviews on manufactured structure accessory structures or accessory buildings have a valid Oregon Inspector Certification and the appropriate Oregon Code Certification under OAR 918-098-1015 or a valid Oregon Inspector Certification and the appropriate ICC Residential Certification as described in OAR 918-098-1010 for the Oregon Residential Specialty Code for the specific discipline being used.

(3) Authority. Inspectors of manufactured structure accessory structures and accessory buildings may only inspect or review plans in a jurisdiction that has been delegated the manufactured dwelling accessory structure and accessory building program and that:

(a) Complies with ORS 446.250 and 446.253(2) relating to the delegation of full responsibility for permit issuance and inspections;

(b) Complies with the Oregon Manufactured Dwelling Installation Specialty Code and all referenced standards contained therein;

(d) Meets the requirements of OAR 918-500-0055 for delegation; and

(e) Enforces the current edition of the Oregon Manufactured Dwelling Installation Specialty Code and all referenced standards contained therein.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.250 & 455.720
Statutes/Other Implemented: ORS 446.250 & 455.720
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0360
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0360
BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97

Or. Admin. R. 918-098-1410 Cross-Training Programs for Residential Certifications

(1) A building inspection program that elects to administer, use or participate in a cross-training program for residential inspectors shall follow a division approved standardized cross-training program that can be used in any jurisdiction or submit the following information to the division:

(a) The names and copy of the certifications of the cross-training program supervisor and instructors;

(b) A description of the purpose and scope of the cross-training program;

(d) The method of evaluating whether a trainee has satisfactorily completed the cross-training program.

(2) The cross-training program supervisor or instructors shall:

(a) Possess an A-level or commercial certification and an Oregon Inspector certification in the program area the individual is responsible for supervising; and

(b) Shall maintain records of all trainees who participate in the residential plans examiner or inspector cross-training program.

(3) The division may monitor or inspect the records of residential cross-training programs on a periodic basis.

(4) A municipality may enroll its trainees in a division approved program sponsored by another jurisdiction or provided by a private entity or school. The jurisdiction, private entity, or school shall maintain records of all trainees who participate in the cross-training program.

(5) Cross-training programs must follow all applicable code-change cycles and the programs must be amended accordingly. Amendments shall be submitted in writing to the division for approval.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.622
Statutes/Other Implemented: ORS 455.622
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0410
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0410
BCD 38-2000, f. 12-29-00, cert. ef. 1-1-01
BCD 15-1997, f. 9-30-97, cert. ef. 10-1-97
BCD 8-1997, f. & cert. ef. 4-1-97

Or. Admin. R. 918-098-1420 Education Program Requirements

(1) Educational institutes may submit a written application to the division for approval of their education program.

(2) Programs shall be resubmitted for review and approval every three years following initial approval.

(3) Classroom and laboratory instructors, including virtual instructors, shall possess an appropriate inspector certification for the specialty code area being taught.

(4) All classroom and laboratory instruction, including virtual instruction, shall be based on the specialty codes adopted by the division or the corresponding nationally recognized model codes.

(5) All classes shall be updated with the most recent adopted code-changes. Program amendments shall be submitted to the division for review and approval.

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.720
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0420
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0420
BCD 8-1997, f. & cert. ef. 4-1-97

Or. Admin. R. 918-098-1430 Timeline for Education Program Approval

(1) To be approved for a school year beginning in September, new education programs shall be submitted to the division by June 1 of the prior year for review.

(2) The division shall request any needed additional information by July 1.

(3) The education institution shall submit requested information by August 1.

(4) The division shall issue program approval or disapproval by October 1 for programs for the following calendar year.

(5) Updated programs based on new code adoptions or code-changes shall be submitted to the division for approval within 30 days of the effective date of the code adoption or code-change.

(6) Education programs submitted for the three-year review and re-approval shall follow the timeline in this rule.

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.720
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0425
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0425
BCD 15-1997, f. 9-30-97, cert. ef. 10-1-97

Or. Admin. R. 918-098-1440 Approval of Inspector Continuing Education and Educational Programs

(1) Applications for approval of continuing education and educational programs must be filed at least 45 days prior to the date of the proposed class or beginning date of training. The 45-day period or any other procedural rule controlling these programs may be waived if the administrator determines there is an emergency.

(2) The application must describe the course objectives, qualifications for entry into the course, course content, materials to be used, length of class, field time if applicable, and instructor names and qualifications.

(3) Where continuing education credits are sought, the application must show the number of credits sought for the course and provide justification.

(4) Instructors approved by the division to teach code-change courses shall be granted the same number of continuing education credit hours as those attending the course.

(5) Persons or organizations requesting reimbursement from the division training funds for education programs must have a valid contract with the division or specific written approval from the division at the time of course offering.

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.725
BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0430
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0430
BCD 15-1997, f. 9-30-97, cert. ef. 10-1-97
BCD 8-1997, f. & cert. ef. 4-1-97, Renumbered from 918-099-0500
BCA 16-1992, f. & cert. ef. 8-11-92

Or. Admin. R. 918-098-1450 Continuing Education Requirements

(1) When the division determines that a code change requires training for individuals to maintain their Oregon Inspector Certification or associated Oregon specialty code certification they must complete division-approved continuing education.

(2) Required continuing education courses are established by the division on a periodic basis. The division will provide notification of code change classes and other required classes through the division website. Persons certified under ORS Chapter 455 must take all continuing education in a timely manner as outlined above in OAR 918-098-1028 in order to remain certified.

(3) Inspectors, including plans examiners, must complete a division-approved code change course related to the scope of work allowed under each certification and all other high priority training determined necessary by the division.

(4) Persons charged by a municipality with the responsibility for administration and enforcement of the state building code as the building official must complete a division-approved course covering administration and enforcement of a building inspection program and new legislation when required. Any person in an “acting” capacity to cover building official duties must also complete this course.

(5) The division may periodically verify that a person is maintaining and recording their continuing education.

(6) All required continuing education courses must be completed prior to June 1 of the renewal year in accordance with the renewal process for the Oregon Inspector Certification and Oregon specialty code certifications in OAR 918-098-1028.

History

Statutory/Other Authority: ORS 455.715, 455.720, 455.723 & 455.732
Statutes/Other Implemented: ORS 455.715, 455.720, 455.723 & 455.732
BCD 10-2022, amend filed 09/29/2022, effective 10/01/2022
BCD 5-2014, f. & cert. ef. 4-1-14
BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 7-2011, f. & cert. ef. 3-11-11
BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-098-1455 High Priority Training

In addition to the continuing education requirements in 918-098-1450, the division may require building officials, inspectors, and plans examiners to take high priority training when the division identifies new technologies or specific problem areas.

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.720
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05

Or. Admin. R. 918-098-1460 Waiver of Continuing Education Requirements Due to Hardship or Illness

The administrator may extend the period to comply with code-change continuing education requirements in case of hardship or illness. Requests for extension shall:

(1) Be in writing;

(2) Describe the nature of the hardship or illness and the reason why the applicant is unable to comply with the continuing education requirements; and

(3) State when the person will be able to complete the continuing education requirements.

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.720
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0470
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0470
BCD 8-1997, f. & cert. ef. 4-1-97, Renumbered from 918-099-0630
BCA 33-1993, f. & cert. ef. 12-14-93
BCA 16-1992, f. & cert. ef. 8-11-92

Or. Admin. R. 918-098-1470 Duties and Responsibilities of Certified Building Officials, Inspectors, and Plans Examiners

Persons who hold an Oregon Inspector Certification or an Oregon Code Certification must act in the public interest in performing their duties as a building official, inspector, or plans examiner, including but not limited to:

(1) Obtaining and maintaining any required certification prior to performing their duties;

(2) Performing only inspections or plan reviews with the appropriate valid certification for the inspection or plan review being performed;

(3) Completing all required continuing education requirements and maintaining records of completion of continuing education courses required for each required certification sufficient to demonstrate compliance with OAR 918-098-1450;

(4) Administering and enforcing building inspection program requirements established in ORS Chapters 455 and 479 and rules adopted thereunder, including but not limited to:

(a) Enforcing all appropriate building code statutes and rules adopted thereunder;

(b) Enforcing specialty codes, adopted standards, and statewide code interpretations under ORS Chapters 455 and 479;

(c) Allowing the use of alternate method rulings under ORS 455.060, emerging technologies under ORS 455.065, and other requirements under ORS chapter 455;

(d) Following appeal decisions issued by the department or an appropriate advisory board under ORS 455.475 or 479.853;

(e) Following fee methodologies and number of inspections established under OAR chapter 918, division 50;

(f) Allowing the use of plans approved by the division under ORS 455.062 or 455.685;

(g) Following the department’s direction established for an essential project and assisting with any action the department determines is necessary to ensure the project proceeds in a timely manner under ORS 455.466(4) and (5);

(h) Abiding by all of the terms and conditions of any agreements entered into with the department, including but not limited to, partnership agreements entered into under ORS 455.185 and program approvals under ORS 455.148 and 455.150, and delegations under ORS 479.855;

(i) Communicating requirements to customers clearly as required under OAR 918-098-1900; and

(j) Following any directives, orders, or other building program requirements established by the department;

(5) Cooperating with requests for information from the division, including requests for information during the course of an investigation. Failure to provide information upon request may be considered a violation of an order by the Director or an advisory board and may result in action taken under ORS 455.740 or 455.895 or other appropriate sanction;

(6) Notifying the division of any changes of name or address in a manner prescribed by the division within 10 business days; and

(7) Following all licensing and other requirements under ORS 455.455 and 455.457 and rules adopted thereunder when required.

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.720
BCD 6-2016, f. & cert. ef. 4-1-16
BCD 1-2016(Temp), f. & cert. ef. 1-26-16 thru 7-23-16
BCD 5-2014, f. & cert. ef. 4-1-14
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-098-1475 Conflicts of Interest

(1) A building official, a contract building official, an inspector, a plan reviewer or another person that provides building inspection services under contract with a municipality is a public official for the purposes of ORS chapter 244.

(2) The director may suspend, revoke, deny, condition or refuse to renew a license, certification or registration of a building official, inspector, plan reviewer or other person that provides building inspection services under contract with a municipality if the director determines that the building official, inspector, plan reviewer or other person or an owner, director, officer, manager, member or majority shareholder of the building official, inspector, plan reviewer or other person has violated ORS 244.025, 244.040, 244.047, 244.175, 244.177 and 244.179 or has engaged in an actual conflict of interest as defined in ORS 244.020.

History

Statutory/Other Authority: ORS 455.720 & 2021 Oregon Laws Ch. 599, Sec. 4 (Enrolled SB 866)
Statutes/Other Implemented: ORS 455.720 & 2021 Oregon Laws Ch. 599, Sec. 4 (Enrolled SB 866)
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 8-2016, f. 6-30-16, cert. ef. 7-1-16

Or. Admin. R. 918-098-1480 Additional Responsibilities for Building Officials

In addition to the responsibilities outlined in these rules, all certified individuals who are performing the duties of the building official must also:

(1) Ensure a person is properly certified under these rules or licensed under ORS 455.455 and 455.457 and meets the minimum experience requirements and possess appropriate knowledge prior to allowing the individual to perform plan reviews and inspections;

(2) Ensure all inspectors and plans examiners in the municipality take all required continuing education and track the continuing education in a manner that may be presented to the division upon request;

(3) Ensure that employees under the direction of the building official administering and enforcing elements of a building inspection program follow all applicable building code statutes and rules, including statewide code interpretations, directives and other building program requirements and allowing the use of statewide alternate method rulings and ensuring they are enforced and carried out through their certified individuals in their municipality, including items specified in OAR 918-098-1470;

(4) Enforce applicable construction trade licensing requirements issued under ORS Chapters 447, 479, 693, and 701; and

(5)(a) Ensure all building inspection program fees adopted by the municipality under ORS 455.210 and 479.855 are utilized for the administration and enforcement of the building inspection program established under ORS 455.148 or 455.150; and

(b) Ensure all surcharges are properly collected and submitted to the division as required by ORS 455.210 and 455.220.

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.720
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 6-2016, f. & cert. ef. 4-1-16
BCD 1-2016(Temp), f. & cert. ef. 1-26-16 thru 7-23-16
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-098-1500 Building Official and Inspector Sanctions Process

(1) Failure to act in the public interest in the performance of their duties in accordance with ORS 455.740 shall include, but not be limited to:

(a) Providing or having knowledge of, false education, work experience or documentation being used to meet certification or continuing education requirements, or during the examination, using unauthorized notes, examinations or examination answers at an examination, copying from another, allowing another to copy or otherwise use unauthorized methods to gain an advantage or give another person an advantage during an examination;

(b) Failing to complete continuing education requirements;

(d) Engaging in a pattern that fails to enforce the specialty code, including statewide code interpretations, site-specific interpretations, directives or other building program requirements and failure to allow the use of alternate method rulings;

(e) After notification, engaging in a pattern of requiring construction or installations to exceed the requirements of the specialty codes, unless otherwise specified by the designer(s);

(f) Requiring an individual to approve structures or installations that do not comply with the specialty codes;

(g) Failing to properly perform inspections or plan reviews;

(h) Engages in unprofessional behavior; or

(i) Any other activity prejudicial to the administration and enforcement of the state building code.

(2) Upon a finding of a violation of section (1) of this rule, the director may, in accordance with the requirements of ORS Chapter 183, place conditions on a certification in lieu of suspension or revocation.

(3) In determining the appropriate sanction any applicable factors shall be taken into account, including, but not limited to:

(a) Prior history of violations;

(b) Extent to which corrective action was taken; and

(4) A person sanctioned under this rule may re-apply for a certification provided the person waits the specified time period as stated below:

(a) A minimum of one year from the date an application was denied;

(b) A minimum of one year from the date a final order was signed; or

History

Statutory/Other Authority: ORS 455.740
Statutes/Other Implemented: ORS 455.740
BCD 5-2014, f. & cert. ef. 4-1-14
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0500
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0500
BCD 11-2004, f. 8-13-04, cert. ef. 10-1-04
BCD 13-2001, f. 9-28-01, cert. ef. 10-1-01

Or. Admin. R. 918-098-1505 Oregon Inspector Certification Sanctions

When the Director is authorized to deny, condition, suspend, immediately suspend, revoke, or refuse to renew any building inspection program certification held by an individual, the Director may also deny, condition, suspend, immediately suspend, revoke, or refuse to renew the Oregon Inspector Certification held by that same individual. This rule is applied retroactively from July 7, 2005.

History

Statutory/Other Authority: ORS 455.030, 455.055, 455.110, 455.720, 455.730 & 455.740
Statutes/Other Implemented: ORS 455.740
BCD 14-2014, f. 12-30-14, cert. ef. 1-1-15
BCD 8-2014(Temp), f. & cert. ef. 8-26-14 thru 2-22-15

Or. Admin. R. 918-098-1510 Purpose and Scope

(1) The specialized inspector certification program, in OAR 918-098-1510 through 918-098-1591, establishes a program for training, qualifying and certifying individuals as specialized building inspectors authorized to perform inspections and enforce portions of the state building code. Inspector certifications cover limited commercial and other multidisciplinary inspections that presently are not independently authorized by the division in existing inspector certifications.

(2) Specialized inspectors may, after receiving certification issued under these rules, conduct inspections as provided in these rules. These rules apply to applicants and certificate holders, training providers, and participating jurisdictions for the purposes of administering and enforcing the restrictions and requirements under these rules.

History

Statutory/Other Authority: ORS 455.720, 455.730 & 455.735
Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735
BCD 7-2012, f. 6-27-12, cert. ef. 7-1-12
BCD 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-30-12
BCD 27-2011, f. 9-30-11, cert. ef. 10-1-11
BCD 25-2011(Temp), f. & cert. ef. 8-18-11 thru 10-1-11
BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11
BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11

Or. Admin. R. 918-098-1520 Specialized Inspector Qualifications

(1) All applicants for specialized certifications must have:

(a) A valid Oregon Inspector Certification;

(b) A valid Oregon Code Certification to perform inspections, as identified in the rule requirements for the specialized certification sought;

(c) Employment as an inspector and experience performing inspections in Oregon for a minimum of one year in the specialty code area that the applicant is seeking specialized certification.

(2) An applicant for certification as a specialized inspector must:

(a) Submit an application on a division-approved form.

(b) Submit the designated application and training fees.

(c) Identify the certifications sought, the certifications presently held by the applicant, and the applicant’s qualifying experience performing inspections.

(3) Incomplete applications or applications submitted without payment will not be processed.

(4) If an application is approved, the applicant will be notified and may begin the specialized inspector certification process.

(5) When an application is not approved by the division, the applicant’s training fee will be refunded. The application fee will not be refunded or waived for future applications.

(6) The application and training fee for all specialized inspector certifications is $200.

History

Statutory/Other Authority: ORS 455.720, 455.730 & 455.735
Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735
BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11
BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11

Or. Admin. R. 918-098-1525 ORS 455.732 Inspector Certifications

(1) A building official or a person seeking a certification under ORS 455.732 must submit a request to the division. A request may include, but is not limited to:

(a) Any relevant experience or training;

(b) Any relevant licenses or certifications, including those issued by a national organization or another state; and

(2) The division may, after evaluation, issue a certification outlining the scope of work the person may perform and any limitations applicable to the certification. Limitations may include types of structures, geographical area, etc.

(3) The scope of a certification issued under this rule may be expanded upon further training and evaluation by the division.

(4) Evaluations performed for the purposes of issuing a certification under this rule may be performed by a team of professionals knowledgeable in the programs covered by the certification.

(5) A person issued a certification to perform inspections or plan reviews under this rule must obtain an Oregon Inspector Certification prior to performing any work authorized under this certification.

History

Statutory/Other Authority: ORS 455.720, 455.723, 455.732 & 455.735
Statutes/Other Implemented: ORS 455.720, 455.723, 455.732 & 455.735
BCD 5-2014, f. & cert. ef. 4-1-14

Or. Admin. R. 918-098-1530 Training Programs

(1) Approved applicants must complete an appropriate division-approved training program and pass a division-approved examination for the desired specialized certification. Training program requirements are stated in 918-098-1570 for the Specialized Plumbing Inspector Certification, in 918-098-1580 for the Specialized Electrical Inspector Certification, and in 918-098-1590 and 918-098-1591 for the Specialized Finals Inspector Certification.

(2) Approved fieldwork supervisors must be qualified by training, licensure, and experience to perform the specialized inspector certification fieldwork inspections being performed.

(3) Fieldwork Training. A specialized inspector certification applicant is eligible to perform the required fieldwork training after the applicant has begun the division training program.

(4) Fieldwork Supervision. All specialized certification fieldwork training must be supervised and verified by an inspector with a valid Oregon Inspector Certification required to conduct the inspections being performed.

(a) An applicant’s fieldwork training must be documented on a division-approved form and signed by the inspector who supervised the inspections.

(b) An inspector supervising and verifying an applicant’s fieldwork training may not be qualified to conduct the inspections performed based solely on a specialized inspector certification issued according to these rules.

(5) Alternate Evaluation. The division may evaluate the skill and knowledge level of a specialized inspector applicant in lieu of some or all of the fieldwork requirements.

(6) Fieldwork Training Approval. A specialized inspector certification applicant must submit proof of completed fieldwork training, or alternate evaluation and approval by the division, to the division for verification and approval, and issuance of specialized inspector certification.

(7) Examination Approval. A specialized inspector certification applicant is eligible to take a certification examination once the application has been approved by the division. A certification will not be issued until the division receives proof that the applicant has successfully completed the required training program and passed the exam.

History

Statutory/Other Authority: ORS 455.720, ORS 455.730 & ORS 455.735
Statutes/Other Implemented: ORS 455.720, ORS 455.730 & ORS 455.735
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 18-2012, f. 12-27-12, cert. ef. 1-1-13
BCD 13-2012(Temp), f. & cert. ef. 11-7-12 thru 5-6-13
BCD 7-2012, f. 6-27-12, cert. ef. 7-1-12
BCD 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-30-12
BCD 27-2011, f. 9-30-11, cert. ef. 10-1-11
BCD 25-2011(Temp), f. & cert. ef. 8-18-11 thru 10-1-11
BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11
BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11

Or. Admin. R. 918-098-1540 Specialized Inspector Examination

(1) Examinations for a specialized inspector certification must be approved by the division.

(2) Applicants for specialized inspector certifications who fail the examination may reapply to retest by submitting a reapplication form and required $80 fee within 30 days after the failed attempt.

(3) If an applicant fails to take a specialized inspector certification examination within 60 days of being approved to do so, the applicant must reapply to the division to take the examination by submitting a reapplication form and required $80 fee.

(4) An applicant who reapplies is not required to requalify for the examination or provide qualification information in addition to the exam application unless the specialized certification requirements have changed since the applicant originally applied for certification.

History

Statutory/Other Authority: ORS 455.720, 455.730 & 455.735
Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735
BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11
BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11

Or. Admin. R. 918-098-1550 Specialized Inspector Certification Issuance and Expiration

(1) Upon receiving proof of completion of all requirements listed in these rules, the division may issue the appropriate specialized inspector certification.

(2) The scope of a certification may be tailored to an individual’s knowledge level and skill as determined by the division through an independent evaluation, but may not exceed the scope of work allowed under the rules.

(3) A person holding a valid specialized inspector certification may only perform the duties authorized under that certification provided the person is employed or otherwise authorized by a municipality or the division.

(4) All specialized certifications remain valid provided the holder maintains a current Oregon Inspector Certification. Should the holder fail to maintain a valid Oregon Inspector Certification, all certifications, including any specialized certification issued under this rule, become invalid and the holder may not conduct any inspections until the Oregon Inspector Certification is again valid.

History

Statutory/Other Authority: ORS 455.715, ORS 455.720, ORS 455.723, ORS 455.730 & ORS 455.735
Statutes/Other Implemented: ORS 455.715, ORS 455.720, ORS 455.723, ORS 455.730 & ORS 455.735
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 5-2014, f. & cert. ef. 4-1-14
BCD 18-2012, f. 12-27-12, cert. ef. 1-1-13
BCD 13-2012(Temp), f. & cert. ef. 11-7-12 thru 5-6-13
BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11
BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11

Or. Admin. R. 918-098-1570 Specialized Plumbing Inspector Certification

(1) Specialized plumbing inspectors may inspect plumbing and piping systems conveying potable water, storm, or domestic sanitary sewage in new commercial buildings:

(a) Less than 75 feet above grade in height as defined in the Oregon Structural Specialty Code;

(b) Containing a building water service two inches or less in nominal interior diameter; and

(2) Specialized plumbing inspectors may inspect plumbing and piping systems conveying potable water, storm, or domestic sanitary sewage in existing commercial buildings less than 75 feet above grade in height as defined in the Oregon Structural Specialty Code, except for they may not inspect the specific systems listed in section (4).

(3) Specialized plumbing inspectors may conduct inspections on plumbing or piping systems in new or existing residential buildings that a residential plumbing inspector may inspect under OAR 918-098-1210.

(4) Specialized plumbing inspectors cannot inspect the following plumbing and piping systems:

(a) Installation or alteration of a medical gas and vacuum system for health care facilities;

(b) Installation or alteration of chemical drainage, waste and vent systems containing chemical agents potentially detrimental to the integrity of a plumbing system;

(d) Installation of vacuum drainage, waste and vent systems;

(e) Installation or alteration of reclaimed water systems;

(f) Installation of a commercial booster pump system needed to maintain minimum residual water pressure in a structure supplied by a municipal source; or

(g) Food service plumbing systems.

(5) As a condition of entering a training program, an applicant must:

(a) Hold valid Oregon Code Certification as a one- and two-family or residential plumbing inspector;

(b) Have been employed as an inspector and performed inspections as a one- and two-family or residential plumbing inspector for a minimum of one year prior to applying for Specialized Plumbing Inspector Certification.

(c) Complete a specialized plumbing inspection training program that meets the minimum requirements established by the division, consisting of:

(A) Instructional coursework; and

(B) Supervised fieldwork inspections.

(d) Pass a division-approved examination.

History

Statutory/Other Authority: ORS 455.720, 455.730 & 455.735
Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735
BCD 6-2024, amend filed 06/26/2024, effective 07/01/2024
BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11
BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11

Or. Admin. R. 918-098-1580 Specialized Electrical Inspector Certification

(1) Scope of Activities and Authority.

(a) Specialized Electrical Inspectors may conduct electrical inspections in buildings less than 75 feet above grade as defined in the Oregon Structural Specialty Code where the building service or the feeder to the electrical installation being inspected is not more than 400 amps at less than 150 volts to ground or 200 amps at 150 volts or more to ground.

(b) A Specialized Electrical Inspector may not inspect any of the following:

(A) Separately derived systems, other than renewable energy, rated more than 150kw;

(B) Renewable energy systems rated more than 25kw;

(C) Occupancies classified as Assembly or Education, or any (I)-Institutional Occupancies as defined in the Oregon Structural Specialty Code;

(D) Installations governed by Chapter 5 or Articles 610, 668, 669, 695 and 700 of the Oregon Electrical Specialty Code, except for the following:

(i) Electrical connection to or alteration of a single mobile home, recreational vehicle or manufactured dwelling, including the service but excluding park construction, alteration or enlargement.

(ii) Agricultural buildings that do not contain excessive dust or corrosive areas as defined in the Oregon Electrical Specialty Code 547.1 (A) and (B).

(E) New or replacement motor loads over 100 HP.

(2) Procedure for Qualification. An applicant for certification under this rule must meet the general qualifications in OAR 918-098-1520 and Section (3) of this rule, complete a training program that meets minimum requirements established by the division, make application, pay the required fees, and pass a division-approved examination.

(3) Experience, Education, and Training Requirements. Specialized Electrical Inspector Certification applicants must have:

(a) A current One- and Two-Family or Residential Electrical Inspector Oregon Code Certificate;

(b) Held a current One- and Two-Family or Residential Electrical Inspector Oregon Code Certificate for one year prior to applying for Specialized Electrical Inspector Certification; and

(c) Been employed as an inspector and performed inspections in the specialty code area listed in (a) above for a minimum of one year prior to applying for Specialized Electrical Inspector Certification.

(4) Certification. Upon completion of all training, and after passing a division-approved examination, the division will certify an applicant as a Specialized Electrical Inspector, and issue the appropriate documentation.

History

Statutory/Other Authority: ORS 455.720, 455.730 & 455.735
Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735
BCD 27-2011, f. 9-30-11, cert. ef. 10-1-11
BCD 25-2011(Temp), f. & cert. ef. 8-18-11 thru 10-1-11

Or. Admin. R. 918-098-1590 Specialized Finals Inspector Certification

(1) Scope of Activities and Authority. Specialized finals inspectors may upon receipt of this certification conduct final inspections of one- and two-family dwellings constructed under the Oregon Residential Specialty Code as provided by the Director through rule.

(2) Procedure for Qualification. An applicant for certification under this rule must meet the general qualifications in OAR 918-098-1520, 918-098-1530 and this rule.

(3) Experience, Education, and Training Requirements.

(a) As a condition of entering a specialized finals inspector training program:

(A) Applicants must hold valid Oregon Inspector Certification and at least one appropriate certification to perform either residential or commercial mechanical, structural, electrical or plumbing inspections in Oregon; and

(B) Been employed as an inspector and performed inspections of the Oregon Structural or Residential Specialty Codes, Oregon Mechanical Specialty Code, Oregon Electrical Specialty Code, or Oregon Plumbing Specialty Code for a minimum of one year prior to applying for the Specialized Finals Inspector Certification.

(b) Applicants must complete a specialized finals inspector training program that meets the minimum requirements established by the division, and consists of:

(A) Classroom coursework; and

(B) Required fieldwork inspections

(c) After completion of the classroom coursework and required field inspections, applicants must successfully pass a division-approved examination.

(d) Certification. Upon completion of all training and after passing a division-approved examination, the division will certify an applicant as qualified to perform specialized finals inspections, and issue the appropriate documentation.

History

Statutory/Other Authority: ORS 455.720, 455.730 & 455.735
Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735
BCD 7-2012, f. 6-27-12, cert. ef. 7-1-12
BCD 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-30-12

Or. Admin. R. 918-098-1591 Specialized Finals Inspector Certification Scope of Authority

(1) Specialized finals inspectors may upon receipt of this certification conduct final inspections of one- and two-family dwellings constructed under the Oregon Residential Specialty Code as provided in this rule.

(2) A certificate holder may conduct final inspections in residential dwellings and accessory structures of structural components and mechanical, plumbing, and electrical systems where the item inspected was previously inspected and approved, or where a previous inspection and approval is not required, and the item is otherwise ready for a final inspection, except:

(a) Electrical systems with a service in excess of 400 amps;

(b) Emergency and stand-by power generation equipment;

(d) Swimming pools.

(3) Where a component or installation is sufficiently complex, a building official may limit the authority of a Specialized Finals Inspector to less than the scope contained in this rule.

History

Statutory/Other Authority: ORS 455.720, 455.730 & 455.735
Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735
BCD 7-2012, f. 6-27-12, cert. ef. 7-1-12

Or. Admin. R. 918-098-1900 Corrective Notices — Cite-it Write-it Requirement

In addition to any other requirements set forth in statute and rule, all building officials, inspectors and plans examiners certified under Division 098, OAR 918-225-0540, 918-281-0020, 918-695-0400, and ORS 460.055 must include an exact reference to the applicable specialty code section, Oregon administrative rule, or statute, when issuing corrective notices at construction sites or to buildings or related appurtenances during a plan review while administering or enforcing a building inspection program. The building official, inspector, or plans examiner must include a plain statement of facts upon which the citation for correction action is based.

History

Statutory/Other Authority: ORS 455.720 & 455.740
Statutes/Other Implemented: ORS 455.720 & 455.740
BCD 6-2016, f. & cert. ef. 4-1-16
BCD 1-2016(Temp), f. & cert. ef. 1-26-16 thru 7-23-16
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05

Or. Admin. R. 918-098-4002 Flexibility after COVID-19 and the 2020 Wildfires, and in Anticipation of Future Emergencies

(1) Purpose. The purpose of this rule is to provide greater flexibility to building departments to meet demand and provide services without compromising safety throughout the impacts of COVID-19 and the 2020 wildfires in the State of Oregon, and in anticipation of future emergencies.

(2) When the Governor declares a State of Emergency, the director may issue an order that the emergency may cause a workforce shortage among inspectors or plans examiners, and under such an order, notwithstanding OAR 918-098-1015, 918-281-0020, and 918-695-0400, a person with an Oregon Inspector Certification and a code certification issued by the Building Codes Division may perform inspections and review plans beyond the scope of work for their code certification if both of the following conditions are met:

(a) The relevant building official determines the person has the skills necessary to perform the specific inspection or plan review without compromising safety; and

(b) The relevant building official authorizes the person, in writing, to perform the inspection or plan review.

(3) If a municipality adopts an ordinance that allows for unpaid leave, or broadened unpaid leave, due to the COVID-19 pandemic:

(a) A person with an Oregon Inspector Certification and an Oregon Code Certification may get paid to perform or manage work regulated by the state building code for a company engaged in construction or property development in Oregon when employed as an inspector, plans examiner, or building official by a municipality under ORS 455.457, if the following is met at the time the work is performed or managed:

(A) The person is on unpaid leave from their employment as an inspector, plans examiner, or building official, and the unpaid leave relates to the passage of the municipality's ordinance referenced in this section;

(B) The period of time for the unpaid leave in paragraph (A) of this subsection is expected to last not less than 30 consecutive days;

(D) The person submits written notice to the jurisdiction where they are taking their unpaid leave to inform them of their intent to engage in outside work and details the nature of that outside work;

(E) The jurisdiction where the person is taking unpaid leave consents in writing to the outside work;

(F) The jurisdiction where the person is taking unpaid leave agrees in writing that this work is not expected to create a conflict of interest; and

(G) As applicable, the person holds the appropriate licensure to perform or manage the outside work.

(b) For the purposes of subsection (a) of this section, “unpaid leave” means the person is not receiving wages or a salary. A person may still receive benefits, such as healthcare benefits, while on “unpaid leave.”

(4) Consistent with ORS 455.020 and the discretion granted to building officials, nothing in OAR Chapter 918 should be construed to limit the ability of building officials to employ flexible and creative solutions in service delivery, which may include but is not limited to:

(a) The use of virtual inspections, including videos, pictures, and the use of drones;

(b) The use of electronic signatures;

(c) The granting of written requests to reconnect an electrical installation pursuant to ORS 479.570 and OAR 918-311-0070;

(d) Waiving a code requirement, modifying a code requirement, or accepting an alternate method, so long as it would not create an unsafe or dangerous condition regarding fire and life safety;

(e) Entering into agreements with other jurisdictions to provide plan reviews or inspections;

(f) Waiving all or part of plan review fees and inspection fees; and

(g) Accepting the use of master plans.

(5) Section (2) of this rule is retroactive to December 29, 2020.

History

Statutory/Other Authority: ORS 446.250, ORS 455.020, ORS 455.030, ORS 455.055, ORS 455.465 & ORS 455.720
Statutes/Other Implemented: ORS 446.250, ORS 455.055 & ORS 455.720
BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 25-2020, adopt filed 12/30/2020, effective 01/01/2021

Division 100 SPECIAL ALTERNATIVE INSPECTION PROGRAM RULES

Or. Admin. R. 918-100-0000 Applicability of Rules

(1) The rules in OAR 918-100-0000 to 918-100-0120 implement the statewide minor installation label, master permit and special alternative inspection programs.

(2) Nothing in these rules shall prohibit a person from purchasing a regular permit in order to insure individual inspection of any installation.

(3) Tri-County regional minor installation labels issued prior to October 1, 2004 are considered valid until expired and may be used in jurisdictions outside the Tri-County region.

(4) The division may adopt policies and procedures to ensure a smooth transition from the Tri-County regional minor label program to the statewide minor label program.

History

Statutory/Other Authority: ORS 447.072, 447.076, 455.144(7), 455.627, 479.540(15) & 479.570(2)
Statutes/Other Implemented: ORS 447.072, 447.076, 455.627, 479.540(15) & 479.570(2)
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 22-2004, f. & cert. ef. 10-1-04
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0010 Definitions

The following definitions are adopted:

(1) "Accessible" means the structural, mechanical, and plumbing installations can be easily inspected because the work is in the open or because there is a designed permanent physical access such as an access panel, door, or similar entry.

(2) "Applicant" is a person authorized to take out a master inspection permit or minor label.

(3) "Closest Office" means:

(a) In the case of the division, the closest office within the state from which appropriate inspectors are dispatched; or

(b) In the case of a municipality, the closest office from which appropriate inspectors serving the facility are dispatched within the municipal boundaries. If a municipality does not have an office from which inspectors are dispatched, the "closest office" is the municipality's executive office or the point of actual dispatch, whichever is closest.

(4)(a) A "Covered Facility" under the master permit program is one or more commercial or industrial buildings or structures under common ownership or management located within the boundaries of the same inspection jurisdiction:

(A) Within the same complex on contiguous lots; or

(B) Situated at different locations within the municipality and both the inspecting jurisdiction and the permittee agree to treat the buildings or structures as a "covered facility."

(b) A "covered facility" under the master permit program, does not include an apartment or combination of apartments having less than a total of six living units.

(5) "Inspecting Jurisdiction" is the municipality or state serving the area with inspection services.

(6) "Inspection Hours" means the time necessary to do the inspections under the special alternative master permit inspection program. This includes travel to and from the closest office of the inspecting jurisdiction as well as inspector documentation.

(7) "Jurisdictional Inspector" is the inspector for an inspecting jurisdiction.

(8) "Minor Label" is an adhesive sticker with a corresponding log sheet or corresponding online account sold by a jurisdiction or the division for use with minor installation inspection programs.

(9) "New Construction" means:

(a) Creation of a new building shell;

(b) Installation of mechanical and plumbing products as part of the work described in subsection (a) of this section;

(c) Any structural, mechanical, or plumbing work performed in connection with changing the use or occupancy classification of the building, except as permitted by OAR 918-100-0080; or

(d) Any addition which increases the square footage of the building or structure.

(10) "Occupancy Classification" means the designation of a building according to its use or the character of its occupancy into one or more of the occupancy groups as provided in the Oregon Structural Specialty Code.

(11) "Repair and Maintenance" means restoring accessible or existing plumbing appliances, appurtenances, fixtures, wastes, vents, or distribution pipes in buildings or structures to a safe and sanitary condition.

(12) "Replacement" means exchanging an existing structural component or mechanical or plumbing product for a similar item which:

(a) Does not change the source or location of power;

(b) Does not exceed the design capacity of the existing system or structure; and

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.072, 447.076, 455.144(7), 455.627, 460.085(1), 479.540(15) & 479.570(2)
Statutes/Other Implemented: ORS 447.072, 447.076, 455.627, 460.085(1), 479.540(15) & 479.570(2)
BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08
BCD 22-2004, f. & cert. ef. 10-1-04
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 30-2000, f. 12-27-00, cert. ef. 1-1-01
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0020 Scope of Minor Installation Label Programs

(1) The statewide minor installation label program is a mandatory statewide program for which labels are sold by the division and used within any jurisdiction.

(a) The division administers the residential, commercial, and industrial plumbing and electrical minor installation label program. Local jurisdictions are required to participate in the program by performing inspections on behalf of the division on a percentage of minor installation labels used by contractors.

(b) Work performed under this program shall conform to the Oregon Electrical Specialty Code, the Oregon Plumbing Specialty Code and the Oregon Residential Specialty Code. The scope of work allowed under this program is defined in OAR 918-309-0220 for electrical installations and OAR 918-780-0140 for plumbing installations.

(2) Jurisdictions may file a request for delegation of optional minor installation programs. Use of a minor installation label by an appropriate person include:

(a) Work performed under the structural commercial and industrial minor label program shall be to the Oregon Structural Specialty Code. The scope of work allowed under this program includes:

(A) Alteration, replacement, or repair of up to 100 linear feet of nonbearing, walls and partitions that are not fire resistive and that are not part of the building shell, an exit, or an exit passageway;

(B) Window and door replacements or relocations not part of an exit or exit passageway and fit within existing openings. Replacement windows and doors shall comply with the requirements of current state codes, including but not limited to safety glazing requirements;

(D) Removal and replacement of acoustical ceiling tiles in ceilings not fire-rated of less than 1,000 square feet. Replacement of supporting grid is not included; and,

(E) Minor roofing repairs not exceeding ten percent of the roofing area.

(b) Work performed under the mechanical minor label program shall be to the Oregon Mechanical Specialty Code and the Oregon Residential Specialty Code. The scope of work allowed under this program includes:

(A) Moving or replacing duct work not involving fire dampers or penetrations of fire walls, fire assemblies or floors;

(B) Moving grills in duct work; or,

(D) Adding a central air conditioning unit to existing ductwork in one- and two-family dwellings; or,

(E) Installing a mechanical exhaust fan for radon mitigation systems in one- and two-family dwellings.

(3) The minor label program does not include:

(a) New construction, except as allowed under OAR 918-309-0220(3)(a) and (b) or Subsection (2)(b)(D) of this rule;

(b) Accessibility retrofit;

(d) Work on fire extinguishing or smoke evacuation systems;

(e) Chemical or industrial liquid waste and vent piping; or

(f) Combination waste and vent systems.

(4) The elevator minor label program is a statewide program for which labels are sold by the division and used within any jurisdiction.

(a) The division administers the elevator minor installation label program. The division shall perform inspections on a percentage of minor installation labels used by contractors.

(b) Work performed under this program shall conform to the Oregon Elevator Specialty Code. The scope of work allowed under this program is defined in 918-400-0675.

(5) No more than one minor label for each specialty area or one elevator minor label shall be used on any single project per job site. For the purpose of this rule, a job site means work at the same address.

(6) A minor label is only required when the work otherwise requires a permit. No new permit requirements are created.

(7) If a jurisdiction chooses not to offer the optional minor label program, permits and individual inspections shall continue to be required in each program.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.072, 447.076, 455.144, 455.627, 460.085, 479.540 & 479.570
Statutes/Other Implemented: ORS 447.072, 447.076, 455.627, 460.085, 479.540 & 479.570
BCD 19-2011, f. 6-30-11, cert. ef. 7-1-11
BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08
BCD 22-2004, f. & cert. ef. 10-1-04
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0030 Minor Label Fees

Minor labels sold by the division for installations governed by these rules shall be sold in lots of ten at a cost of $125.

History

Statutory/Other Authority: ORS 447.072, 447.076, 447.095, 455.020, 455.144(7), 455.154, 455.155, 455.627, 455.844, 455.846, 460.085(1), 479.540(15), 479.570(2) & 479.840
Statutes/Other Implemented: ORS 447.072, 447.076, 455.154, 455.155, 455.627, 455.844, 455.846, 479.540(15) & 479.570(2)
BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08
BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0040 Issuance of Minor Labels

The following persons are eligible to purchase minor labels:

(1) Commercial and industrial structural and mechanical minor labels. Building owners, the owner's agent or the contractor doing the work, who holds a Construction Contractors Board license.

(2) Residential mechanical minor labels. A contractor licensed by the Construction Contractors Board.

(3) Plumbing minor labels. Plumbing contractors authorized by OAR 918-780-0130.

(4) Electrical minor labels. Electrical contractors authorized by OAR 918-309-0210.

(5) Elevator minor labels. Elevator contractors authorized by OAR 918-400-0333.

History

Statutory/Other Authority: ORS 447.072, 447.076, 455.154, 455.627, 460.085, 479.540 & 479.570
Statutes/Other Implemented: ORS 447.072, 447.076, 455.627, 460.085, 479.540 & 479.570
BCD 5-2024, minor correction filed 06/21/2024, effective 06/21/2024
BCD 19-2011, f. 6-30-11, cert. ef. 7-1-11
BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08
BCD 22-2004, f. & cert. ef. 10-1-04
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0050 Requirements for Persons Using Minor Labels

(1) A person making a minor installation under either a statewide or optional minor label program shall:

(a) Fill in the information required on a minor label and attach it to the electrical panel, or near the installation if no panel is present before work is started; or, for elevators, on or near the controller in the machine space in plain view;

(b) Record the installation in the minor label log sheet or in a minor label online account; and

(c) Return the minor label log sheet to the selling jurisdiction or division office after the ten minor labels are used, or every 12 months from date of sale, whichever occurs first; online account users do not need to return a minor label log sheet.

(2) A plumbing contractor making a minor concealed installation shall notify the division that the work is ready for inspection within 48 hours of completion. Work may not be covered or concealed until an inspection is made or approval to cover is given by the jurisdiction or the division.

(3) A minor label may be used on a job site with existing structural, mechanical, plumbing, electrical, or elevator permits provided the work is of the type covered by the minor label rules, and the contractor does not have an existing permit for that job site.

(4) Minor installation labels may not be exchanged or transferred.

History

Statutory/Other Authority: ORS 447.072, 447.076, 455.154, 455.627, 460.085(1), 479.540(15) & 479.570(2)
Statutes/Other Implemented: ORS 447.072, 447.076, 455.627, 460.085(1) & 479.540(15) 479.570(2)
BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08
BCD 22-2004, f. & cert. ef. 10-1-04
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0060 Minor Labels Requirements for Municipalities

At least ten percent of each minor label lot shall be inspected.

(1) For optional programs, the authority having jurisdiction shall inspect within 30 days of return of a minor label log sheet, or of lot completion in an online account. If the work inspected violates the code under which the installation is made, the inspecting jurisdiction may:

(a) Inspect additional installations listed in the log sheet or the online account; and

(b) Charge the person purchasing the minor labels for all new inspections and for all reinspections required at the jurisdiction's hourly inspection rate.

(2) Under the statewide program, the authority having jurisdiction shall inspect the minor installation within 30 days of contacting the homeowner, but no more than 35 days from the date of receipt of the division's request to inspect.

(a) The division shall compensate each inspecting jurisdiction $75 per inspection for the first minor label installation inspected in a lot. In the event that a jurisdiction is required to perform an inspection on a second or third label, the contractor shall compensate the jurisdiction directly at a uniform flat fee of $75. If the jurisdiction finds a code violation that requires a second inspection of minor label, the contractor shall compensate the jurisdiction directly at the jurisdiction's hourly rate.

(b) The division shall, upon notice of three failed inspections in the same lot of labels, notify the contractor and the jurisdictions affected by the remaining labels in the same lot. Each jurisdiction shall then notify the contractor that a permit is necessary for each of the remaining installations within the jurisdiction in the same lot of labels, and work shall follow the normal permit and inspection procedures for that jurisdiction.

(c) If, at any time during a three-year period, the division notifies jurisdictions of two or more lots of minor labels under subsection (b) of this section, the division shall no longer issue minor label sheets to the contractor for a period of one year, upon final determination. Normal permit and inspection procedures for the applicable jurisdiction shall be followed. The contractor shall return any unused minor labels to the division.

(d) Any contractor wishing to appeal a denial of the use of minor labels is entitled to a contested case hearing under the Administrative Procedures Act, ORS Chapter 183.

History

Statutory/Other Authority: ORS 447.072, 447.076, 455.144(7), 455.627, 479.540(15) & 479.570(2)
Statutes/Other Implemented: ORS 447.072, 447.076, 455.627, 479.540(15) & 479.570(2)
BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08
BCD 22-2004, f. & cert. ef. 10-1-04
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0065 Scope of Work for Master Permits

For the purpose of this rule, “commercial and industrial installations” mean any structural, mechanical and plumbing work involving any occupancy in the Oregon Structural Specialty Code, except one-and two-family dwellings and associated accessory buildings.

[Publications: Publications referenced are available from the division.]

History

Statutory/Other Authority: ORS 455.040, 455.144(7), 455.154 & 455.560
Statutes/Other Implemented: ORS 455.154
BCD 22-2004, f. & cert. ef. 10-1-04

Or. Admin. R. 918-100-0070 Issuance of Master Permits

Master permits shall be issued to the following persons electing to be inspected under the master permit program, if the jurisdiction offers this program:

(1) Structural and mechanical master permit. Contractors having a verified Construction Contractors Board registration, owner or operator of the covered facility.

(2) Plumbing:

(a) Plumbing contractors having a certificate of registration under ORS 447.030 and a verified Construction Contractors Board registration;

(b) Covered facilities having plumbing employees with a certificate of competency under ORS Chapter 693.

History

Statutory/Other Authority: ORS 455.040(1), 455.144(7) & 479.560, Ch. 368 & OL 2003
Statutes/Other Implemented: Ch. 368 & OL 2003
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0080 Work Qualifying for the Master Permit Program

(1) A master permit allows construction work in a covered facility if:

(a) The work is not "new construction" as defined in these rules and ORS 455.190;

(b) The occupancy classification of the building is not changed to a more hazardous occupancy as a result of the work; and

(2) The master permit program allows:

(a) Structural, mechanical and plumbing construction or alterations that are not new construction except as permitted in this section and ORS 455.190;

(b) Non-structural demolition carried out in conjunction with or necessary for construction allowed under this program;

(d) Interior tenant remodeling;

(e) Accessibility upgrades; or

(f) Changes of occupancy as described in this section, provided the building official determines the proposed alterations may be satisfactorily reviewed and inspected under a master permit.

(3) Exclusions. A master permit does not allow:

(a) Work on one- and two-family dwellings, and associated accessory buildings, and an apartment building or apartment complex having six or less living units;

(b) New construction; or

(4)(a) Where state code requires plan review for any of the construction covered by section (2) of this rule, an expedited, within 24 hours, review can be requested as provided in subsection (b) of this section;

(b) The request for expedited review shall be filed with the inspecting jurisdiction; and

(A) Contain a statement of a state-licensed professional architect or engineer whose practice is in the program area covered certifying fire and life safety issues do not exist or are addressed, and the proposed construction meets code requirements;

(B) Contain a copy of drawings signed by the licensed professional; and

(5) No work shall be covered or installation made operational until inspected, tested or approved by the inspecting jurisdiction.

History

Statutory/Other Authority: ORS 455.040, 455.144, 455.190 & 479.560
Statutes/Other Implemented: ORS 455.190
BCD 30-2000, f. 12-27-00, cert. ef. 1-1-01
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0090 Master Permit Fees

(1) The master permit fee for inspection hours shall be the hourly charge of the inspecting jurisdiction. The hourly charge may include the direct costs of providing the service, such as salaries, materials and supplies, as well as indirect expenses, such as supervision, overhead and staff support. However, the fee level is subject to ORS 455.210.

(2) Advance estimated payments may be required by the inspecting jurisdiction when the master permit is obtained, or during the term of the permit, provided an annual accounting and credit or refund is given based on actual time spent for inspections. All requirements must be in ordinance, rule or other binding regulations of the inspecting jurisdiction.

History

Statutory/Other Authority: ORS 455.040(1), 455.144(7) & 479.560, Ch. 368 & OL 2003
Statutes/Other Implemented: Ch. 368 & OL 2003
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0100 Master Permit Requirements for Applicants

An applicant electing to have a covered facility inspected under a master permit shall:

(1) Take out an annual master permit with the inspecting jurisdiction, designate the covered facility involved, define whether the work will be done by exempt employees, licensed plumbing employees or registered contractors or any combination, and pay the required fees;

(2) Create and keep records of all master permit installations showing what was done, the employee or contractor doing the work, when it was done and material used;

(3) File reports covering work done every three months and make the original records available for the jurisdictional inspector;

(4) Arrange an inspection schedule with the inspecting jurisdiction. Every covered facility shall be inspected at least once a year, or more frequently if deemed necessary by the inspecting jurisdiction based upon the size, use or occupancy of the building;

(5) Not cover until inspected, tested and approved;

(6) Make corrections required upon inspection regardless of who did the work;

(7) Pay, upon request from the inspecting jurisdiction, the fee for the inspection hours used to service the facility or facilities;

(8) Take out a timely separate permit, pay fees and have individual inspections for installations outside the scope of a master permit.

History

Statutory/Other Authority: ORS 455.040(1), 455.144(7) & 479.560, Ch. 368 & OL 2003
Statutes/Other Implemented: Ch. 368 & OL 2003
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0110 Delegation of Special Inspection Programs

Each municipality providing industrial and commercial structural, mechanical and plumbing specialty code inspections can request delegation provided it:

(1) Files a timely notice under ORS 455.148 or 455.150 covering the basic programs and serves the required parties, the state in case of a county, and county and state in case of a city;

(2) Files separate requests for delegation of optional special master permit and minor label inspection programs for commercial and industrial structural, mechanical or plumbing installations with the division at the same time and with the same parties in subsection (a) of this section and includes as relevant:

(a) A proposed time line and method by which the municipality shall adopt random inspections or master permit inspections or both within its jurisdiction and notify persons within its inspection boundaries;

(b) A description of the inspection area to be covered and specific identification of covered facilities which cross jurisdictional lines that are included or excluded in the requested delegation:

(A) If a covered facility crosses jurisdictional lines, delegation shall only be allowed if the facility is to be served by one inspecting jurisdiction for all of its inspection needs covering the program for which master permit application is sought and there is consent by the adjacent jurisdictions. The only exceptions are where a logical division of the covered facility can be made and there is no additional expense or loss of convenience to the facility or where a facility crossing jurisdictional lines is constructed after delegation of the program;

(B) The request for delegation shall explain how facilities that cross jurisdictional boundaries will be inspected, and how the relevant code shall be enforced, if the facility elects to be inspected under the master permit program. Copies of agreements with surrounding jurisdictions, dispute resolution agreements or a statement there is no related facility that crosses jurisdictional lines are acceptable;

(C) An explanation shall be provided regarding how fees shall be established with the facility. Copies of prototype agreements with facilities or agreements with adjacent jurisdictions are acceptable;

(D) An agreement that if a disagreement arises between applicant and any adjacent jurisdiction over who should provide complete services to a facility that crosses a jurisdictional line, the division may immediately assign the facility to any jurisdiction to provide complete inspection services covering the program under which there is a disagreement. If applicant is not assigned the authority, applicant shall cooperate in allowing the assigned jurisdiction to operate in its territory and in bringing any enforcement actions necessary involving that facility.

(3) Files a master permit inspection operating plan briefly describing how the programs will be administered including:

(a) Local policies and procedures for operating the program;

(b) The certifications of each jurisdiction plans examiner and inspector assigned to the program including the person licensed as an engineer when required by ch. 368, 2003 Oregon Laws;

(4) Renewal of delegation. No additional procedures are required for renewals. As long as the municipality continues to provide structural, mechanical and plumbing specialty code inspections, the renewal is automatic upon notice under ORS 455.148 or 455.150 of continuation or request.

History

Statutory/Other Authority: ORS 455.040, 455.144 & 479.560, Ch. 368 & OL 2003
Statutes/Other Implemented: Ch. 368 & OL 2003
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 30-2000, f. 12-27-00, cert. ef. 1-1-01
BCD 27-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 918-100-0120 Clarification of Jurisdiction

(1) If an inspecting jurisdiction chooses not to offer the optional minor label program or master permit program, permits and individual inspections shall continue to be required in each program area involved; and

(2) The delegation process shall not shift any inspection authority or boundary from one inspecting jurisdiction to another unless there is express agreement between the granting and receiving jurisdictions under OAR 918-100-0110.

History

Statutory/Other Authority: ORS 455.040(1), 455.144(7) & 479.560, Ch. 368 & OL 2003
Statutes/Other Implemented: Ch. 368 & OL 2003
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 27-1994, f. & cert. ef. 11-15-94

Division 200 AMUSEMENT RIDE AND DEVICE SPECIALTY CODE

Or. Admin. R. 918-200-0000 General Title

OAR 918, division 200 shall be known and may be cited as the “Amusement Ride and Device Specialty Code.”

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.355
DC 13-1982, f. 4-21-82, ef. 4-30-82, Renumbered from 814-060-0000

Or. Admin. R. 918-200-0005 Definitions

As used in this code, unless the context requires otherwise:

(1) “Administrator” means the administrator of the Building Codes Division.

(2) “Alterations/modifications of an amusement ride or device” means any physical change to the structure or mechanism that materially changes the manufacturer’s original design or affects the function, capacity or operation, in any manner.

(3) “Amusement park” means a tract or area used principally as a permanent location for rides or devices or both.

(4) “Carnival” means one or more amusement rides or devices operated in a temporary location for profit of the owner or operator.

(5) “Division” means the Building Codes Division of the Department of Consumer and Business Services.

(6) “Equipment” means and includes all types of amusement rides, machines, machinery, devices, safeguards and protective facilities used in connection with the operation and maintenance of amusement rides.

(7) “Exit” means a doorway or other opening affording safe access from an amusement ride to an open area.

(8) “Inspections” means:

(a) “Annual Inspection” is the official inspection of a ride or device prior to issuance of an annual operating permit;

(b) “Reinspection” is an inspection of a ride or device after a defect or deficiency is corrected;

(9) “Inspector” means a qualified person authorized by the Division to inspect amusement rides or employed, or otherwise authorized, by an insurance company to inspect rides insured by the company.

(10) “Major Alteration” means a change in the type or capacity of an amusement ride or device or a change in the structure or mechanism that materially affects its function or operation. This includes, but is not limited to, changing its mode of transportation from non-wheeled to a truck or flat-bed mount, and changing its mode of assembly or other operational functions from manual to mechanical or hydraulic.

(11) “Operator” means a person who owns or manages or has the duty of managing the operation of one or more amusement rides and devices.

(12) “Permit (to Operate an Individual Ride or Device)” means a permit issued by the division confirming the annual inspection has been performed and the individual ride or device meets the rules established by the division for its operation in this state.

(13) “Ride Operator” means a person controlling or causing the amusement ride or amusement device to go and stop and perform its function. A “ride operator” may be the operator’s employee.

(14) “Stop Order” means a written order requiring the specified amusement ride not be operated until required repairs, changes, or alterations are completed to the satisfaction of the inspector.

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.355
BCD 15-1998, f. 9-30-98, cert. ef. 1-1-99
BCD 10-1994, f. 4-25-94, cert. ef. 5-1-94
BCD 1-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 21-1992, f. 12-3-92, cert. ef. 12-4-92
BCA 9-1992(Temp), f. 5-28-92, cert. ef. 6-1-92
DC 13-1982, f. 4-21-82, ef. 4-30-82, Renumbered from 814-060-0020

Or. Admin. R. 918-200-0015 Scope

The provisions of this code shall apply to all amusement rides and devices defined in ORS 460.310 and to operators and inspectors of amusement rides. This code does not apply to games or concessions and their associated structures or to pony rides or similar animal rides or amusement devices designed to accommodate one to four children, such as coin operated machines which do not require an attendant on site and are not ordinarily found within an amusement park or carnival.

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.355
BCD 15-1998, f. 9-30-98, cert. ef. 1-1-99
BCD 1-1994, f. 1-14-94, cert. ef. 2-1-94
DC 13-1982, f. 4-21-82, cert. ef. 4-30-82, Renumbered from 814-060-0010

Or. Admin. R. 918-200-0020 Uniformity

This code shall be applicable and uniform throughout this state and in all municipalities. No municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed by these rules unless authorized by the Administrator.

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.355
BCD 15-1998, f. 9-30-98, cert. ef. 1-1-99
BCD 10-1994, f. 4-25-94, cert. ef. 5-1-94
BCD 1-1994, f. 1-14-94, cert. ef. 2-1-94
DC 13-1982, f. 4-21-82, ef. 4-30-82, Renumbered from 814-060-0015

Or. Admin. R. 918-200-0025 Permits, Inspections and Appeals

(1) All amusement rides and amusement devices must be inspected prior to the issuance or renewal of an operating permit. Any defects identified during the inspection that are dangerous to health or safety must be corrected before the inspector issues an inspection report. Defects that do not present an immediate hazard to the safety of the public or persons using the ride or device, or that may be temporarily corrected by restrictions in the operation of the ride or device, shall be noted as a restriction on the permit application, and the permit then issued. However, such defects must be corrected before the time of renewal of the permit. The operator shall notify the division when the corrections are completed by signing and delivering to the division the copy of the permit application provided for reporting corrections. Upon receipt of the inspection reports and certification that the ride or device complies with ORS 460.310 through 460.410 and these rules, receipt of a certificate of insurance from the insurer of the ride, and receipt of the required fees, the division shall issue a permit to operate the ride or device. The permit shall be attached to each amusement ride or device in a location accessible and clearly visible to persons who may wish to confirm the existence of the permit.

(2) The certificate of insurance required by section (1) of this rule, shall:

(a) Be an original on the standard form issued by the insurance carrier;

(b) Include the insurance policy number, the identifying name and, if available, the model and serial or other identifying number of the ride or device; and

(c) Include a statement that the insurance carrier will give the division 30 days prior notice before the insurance policy is canceled.

(3) Permits shall expire one year from the date of issue and renewal permits shall begin on the date of expiration of the expired permit. Within ninety days prior to expiration of an existing permit, an operator may apply on a division form to renew a permit to operate an amusement ride or device.

(4) The results of the inspection shall be recorded by the inspector on forms furnished by and filed with the division. A copy of the report shall also be provided to the operator.

(5) The division may make unscheduled inspections of previously inspected rides.

(6) Any inspector or representative of the division may issue, in writing, a stop order for any amusement ride or device determined to be hazardous or unsafe. Operation shall not resume until the unsafe conditions are corrected and a reinspection has been performed.

(7) The division may suspend or revoke a permit to operate for failure to conform to the minimum safety requirements contained in these rules or otherwise required by law. Proof of compliance with the requirements of the division for reinstatement shall be based on a reinspection.

(8) If the division proposes to suspend or revoke a permit to operate an amusement ride, it shall provide notice in accordance with ORS 183.415 of its proposed action and the basis for such action. If the operator desires a hearing, the operator shall so notify the division in writing, within 20 days. If the division suspends or refuses to renew a permit on an emergency basis as provided by ORS 183.430(2), the operator may request in writing a hearing within 90 days. If the division refuses to issue a permit on grounds other than failure to pass an inspection, the operator may request in writing a hearing within 60 days. For purposes of this section, the calculation of time for notification or receipt shall be:

(a) When mailed by the division, the date mailed plus two days;

(b) When mailed to the division, the date received by the division, less two days.

(9) Temporary renewal permits may be issued as authorized by ORS 460.330(3) upon written application to the division, and payment of the permit fee. Temporary permits shall be valid for 14 days. If the annual renewal permit is issued prior to expiration of the temporary permit, no additional fee shall be required.

(10) Any person failing to obtain the necessary permits required by this rule shall be subject to an investigative fee. The amount of the investigative fee shall be the average or actual additional cost of ensuring conformance with these rules and shall be in addition to the required permit fees.

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.330 & 455.058
BCD 15-2014, f. 12-31-14, cert. ef. 1-1-15
BCD 15-1998, f. 9-30-98, cert. ef. 1-1-99
BCD 10-1994, f. 4-25-94, cert. ef. 5-1-94
BCD 1-1994, f. 1-14-94, cert. ef. 2-1-94
DC 13-1982, f. 4-21-82, cert. ef. 4-30-82, Renumbered from 814-060-0100

Or. Admin. R. 918-200-0027 Temporary Operation of an Amusement Ride or Device Pending Issuance of an Operating Permit

(1) An amusement ride or device may be operated pending the issuance of an operating permit under the following conditions:

(a) The ride operator provides, and the division has received, information about the ride or device to include its nomenclature and serial number and whether the ride or device has previously been issued an Oregon operating permit;

(b) The ride operator provides, and the division has received, proof that the ride is insured in accordance with ORS 460.330 and OAR 918-200-0025(2);

(d) Once the ride is available for inspection, the ride is inspected and approved for operation by a ride inspector in accordance with OAR 918-200-0025(1) and a completed application for an operating permit and inspection report is transmitted to, and received by, the division.

(2) A ride or device may be operated for a period of up to 14 days pending the issuance of an operating permit, unless the division notifies the ride operator that no operating permit will be issued based on the information provided.

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.330
BCD 15-1998, f. 9-30-98, cert. ef. 1-1-99

Or. Admin. R. 918-200-0030 Division Inspectors

(1) The division administrator may appoint and employ qualified inspectors to inspect amusement rides for the division.

(2) The division shall maintain a list of inspectors who have notified the division that they are qualified pursuant to OAR 918-200-0095. Inspectors must renew this notification annually.

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.355
BCD 15-1998, f. 9-30-98, cert. ef. 1-1-99
BCD 10-1994, f. 4-25-94, cert. ef. 5-1-94
BCD 1-1994, f. 1-14-94, cert. ef. 2-1-94
DC 13-1982, f. 4-21-82, cert. ef. 4-30-82, Renumbered from 814-060-0110

Or. Admin. R. 918-200-0040 Authority of Inspector

An inspector not employed by the Division may inspect only amusement rides and devices insured or to be insured by the inspector’s employer or principle.

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.355
BCD 1-1994, f. 1-14-94, cert. ef. 2-1-94
DC 13-1982, f. 4-21-82, cert. ef. 4-30-82, Renumbered from 814-060-0120

Or. Admin. R. 918-200-0055 Permit Fee

(1) The fee for an annual operating permit for rides and devices shall be $25.

(2) The fee for reinspection by the Division shall be $60 per hour, including associated travel time.

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.355
BCD 1-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 6-1993, f. 4-28-93, cert. ef. 5-1-93
BCA 20-1992(Temp), f. 11-24-92, cert. ef. 12-1-92
DC 17-1982, f. & ef. 8-3-82, Renumbered from 814-060-0135
DC 13-1982, f. 4-21-82, cert. ef. 4-30-82

Or. Admin. R. 918-200-0065 Ski Equipment, Federal Exemptions

(1) Devices and equipment generally associated with winter sports activities, such as ski lifts, ski tows, J-bars, ski mobiles, chair lifts and aerial tramways, shall be installed and maintained in accordance with ANSI Standard B77.1-1992 published by the American National Standard Institute.

(2) The Division finds that the devices associated with winter sports activities located in ski areas that are operated over or upon land under the jurisdiction of the United States Forest Service have been, and are being regulated and inspected by the U.S. Forest Service. The inspection standards are, and have been, not lower than the safety standards required by ORS 460.355(1). So long as the U.S. Forest Service continues to regulate and inspect those devices located on or across Federal Forest Service land, they are exempt from the requirements of ORS 460.310 to 460.410.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.355 & 460.360
Statutes/Other Implemented: ORS 460.355
BCD 15-1998, f. 9-30-98, cert. ef. 1-1-99
BCD 10-1994, f. 4-25-94, cert. ef. 5-1-94
BCA 26-1991, f. 8-26-91, cert. ef. 8-27-91
BCA 3-1991(Temp), f. & cert. ef. 2-25-91
DC 13-1982, f. 4-21-82, cert. ef. 4-30-82, Renumbered from 814-060-0150

Or. Admin. R. 918-200-0070 General Standards and Requirements

(1) All codes, standards, and publications adopted by reference in these rules are adopted pursuant to OAR 918-008-0000.

(2) Except for devices and equipment subject to OAR 918-200-0065, amusement rides and devices subject to inspection and permit under these rules shall be manufactured, installed and maintained according to American Society for Testing and Materials (ASTM) Standards and by the additional standards adopted in these rules.

(3) Effective April 1, 2015 the Oregon Amusement Ride and Device Specialty Code consists of the following:

(a) ASTM F1159 — 2011, Standard Practice for Design and Manufacture of Patron Directed, Artificial Climbing Walls, Dry Slide, Coin Operated and Purposeful Water Immersion Amusement Rides and Devices and Air-Supported Structures.

(b) ASTM F1193 — 2014, Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices.

(d) ASTM F2007 – 2012, Standard Practice for Design, Manufacture, and Operation of Concession Go-Karts and Facilities.

(e) ASTM Standard F2137 – 2013, Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices.

(f) ASTM Standard F2291 – 2014, Standard Practice for Design of Amusement Rides and Devices.

(g) ASTM F2374 – 2010, Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices.

(h) ASTM F2375 – 2009, Standard Practice for Design, Manufacture, Installation and Testing of Climbing Nets and Netting/Mesh used in Amusement Rides, Devices, Play Areas and Attractions.

(i) ASTM F2460 – 2011, Standard Practice for Special Requirements for Bumper Boats.

(j) ASTM F2959 – 2012, Standard Practice for Special Requirements for Aerial Adventure Courses.

(4) Daily Operating Inspection:

(a) Each amusement ride shall be given a daily operating inspection by the ride operator before any passenger is permitted to ride. Results of these daily inspections shall be recorded and kept on file by the operator for at least two years, and made available upon request by the division;

(b) A ride or device not properly assembled or defective or unsafe in any of its parts, controls, or safety equipment shall not be operated.

(5) Control of Operation:

(a) Every ride operator shall be trained in the use and function of all normal operating controls, signal systems and safety devices applicable to the ride or device and of the proper use, function, capacity and speed of the particular ride or device being operated. A ride operator shall be at the operating controls during operation and shall have complete control of the ride or device at all times the ride is operated for public use. When the ride or device is shut down the controls shall be locked or incapacitated to avoid unauthorized operation;

(b) Except for amusement devices designed to be operated or controlled by a passenger, only trained ride operators shall handle the controls during normal operation.

(6) A ride or device shall not be loaded beyond its rated capacity or operated at an unsafe speed or at any speed greater than that prescribed by the design engineer or manufacturer. When this information is not available, the operator shall develop criteria for safe operating speeds and rated capacity to the satisfaction of the division.

(7) An operator shall report by telephone to the division as soon as practicable, any accident that occurs from the operation of an amusement ride or device, and that results in death, serious injury or property damage in excess of $5,000. A written report shall be filed with the division within five working days following the accident. If the accident is a result of equipment failure, the device shall not be operated until it is inspected by an inspector authorized by these rules to inspect the device.

(8) Public Protection:

(a) An amusement device shall not be operated while any person is in a position to be in danger of harm or injury. Areas of potential danger shall be fenced, barricaded or otherwise guarded;

(b) Amusement rides and devices shall not be assembled, disassembled, or operated in a location that at any time may be nearer to energized overhead power lines than:

(A) For lines rated 600 volts or less, minimum clearance between the lines and any part of a lifting crane, ride structure, concession booth, building or equipment shall be 15 feet;

(B) For lines rated over 600 volts, minimum clearance between the lines and the lifting crane, ride, structure, concession booth, building or equipment shall be 15 feet.

(A) Internal combustion power sources shall be of adequate type, design and capacity to handle the design load;

(B) Fuel tanks should be of adequate capacity to permit uninterrupted operation during normal operating hours. Where it is impossible to provide tanks of proper capacity for a complete day, the ride or device shall be shut down and unloaded or evacuated during the refueling procedure. The fuel supply shall not be replenished while the engines are running;

(C) An enclosed area in which an internal combustion engine is operated shall be ventilated. Exhaust fumes shall be discharged outside the area. The equipment shall be properly grounded;

(D) Internal combustion power sources shall be located in a manner permitting proper maintenance and be protected by guards, fencing or enclosure to prevent exposure to hazard and to secure the equipment from the public;

(E) The operator shall provide and maintain portable fire extinguishers of the classification, capacity and number prescribed by the State Fire Marshal;

(F) Liquid petroleum gas employed either as fuel for internal combustion engines, for heat, or for illumination shall be stored in a manner approved by the State Fire Marshal;

(G) All flammable liquids shall be stored and handled according to State Fire Marshal standards. Bulk storage in quantities above 60 gallons shall not be in the area accessible to the public.

(d) Interior and exterior parts with which passengers may come in contact shall be smooth, rounded, free from sharp, rough or splintered edges or corners, and with no protruding screws or projections which might cause injury. Parts upon or against which passengers might be thrown by action of the ride shall be adequately padded to prevent or minimize the possibility of injury.

(9) Electrical Standards:

(a) Code. Permanent electrical conductors and equipment installed on or around permanent and temporary amusement parks, carnivals, amusement rides or devices shall conform to the Oregon Electrical Specialty Code. Temporary electrical conductors and equipment, and permanent conductors and equipment within permanent rides and devices shall conform to manufacturers’ specifications. Electrical equipment and wiring methods in or on rides, concessions or other units shall be provided with mechanical protection where such equipment or wiring methods are subject to physical damage;

(b) Portable Power Outlets and Terminal Boxes. Boxes shall be designed so that no live parts are exposed to accidental contact. Where installed outdoors, the box shall be of weatherproof construction and mounted so that the bottom of the enclosure is not less than six inches above the ground. Boxes shall be kept locked where located in an area accessible to the general public. Receptacles of the grounding type shall have overcurrent protection. Service power shall be connected to the box by receptacles mounted on the exterior walls with safety grounding. Receptacles of the grounding type shall have overcurrent protection within the box. The overcurrent protection shall not exceed the ampere rating of the receptacle, except as permitted for motors. Branch circuits shall include means for equipment grounding and shall connect to receptacles mounted on the box. Exterior openings shall be provided with protective covers, draining eaves or canvas. Conductors fed directly through an opening on the wall of the box shall be color-coded, properly sized, and provided with strain relief. Fuses or breakers shall be secured solidly and all connections within the boxes are to be made with threaded screws and lugs of the proper size. Busbars shall have an ampere rating not less than the overcurrent device supplying the box. Where conductors terminate directly on busbars, busbar connectors shall be provided;

(c) Wiring Methods. Flexible cords and cables shall be permitted for temporary installations provided they are listed for extra hard usage, wet location and be sunlight resistant. Flexible cords and cables supplying power to the disconnecting means of a ride or device shall not be smaller than #10 AWG (American Wire Gauge) and shall contain an equipment-grounding conductor. Metal enclosures of electric equipment and metal frames and metal parts of rides, concessions, trailers, trucks or other equipment that support or contain electrical equipment shall be grounded and bonded to the same source. Single conductor cable shall be permitted only in sizes #2 and larger. Open conductors are prohibited except as part of a listed assembly or for festoon lighting. Flexible cords and cables shall be continuous without splice or taps between boxes or fittings. A box or fitting shall be installed at each connection point, outlet, switchpoint or junction point. Flexible cords or cables run on the ground, where accessible to the public, shall be covered with nonconductive mats. Cables and mats shall be arranged so as not to present a tripping hazard. Cord connectors shall not be laid on the ground in areas traversed by the public. Flexible cords and cables shall be protected from overcurrent at their source of supply;

(d) Disconnecting Means. Each ride and concession shall be provided with a fused disconnect switch or circuit breaker located in an area readily accessible from the operator’s station. The disconnecting means shall be readily accessible to the operator, including when the ride is in operation. Where accessible to unqualified persons, the enclosure for the switch or circuit breaker shall be of the lockable type. A shunt trip device that opens the fused disconnect or circuit breaker when a switch located in the ride operator’s console is closed shall be a permissible method of opening the circuit.

(e) Power Sources. Electrical power sources shall be located to permit proper maintenance and protected by guards, fencing or enclosures to prevent exposure to the public;

(f) An amusement ride or device constructed before October 1, 1996, which has been issued an operating permit by the Division within the last three years, may be maintained using previously approved electrical materials and methods until the ride or device is rebuilt, subject to major electrical alteration. All other rides or devices without manufacturers’ information shall conform to the Oregon Electrical Specialty Code in effect on the date the ride or device was first approved for an operating permit in Oregon.

(10) Stairways, Landings and Ramps.

(a) Safe and adequate means of access to and from amusement rides and devices shall be provided. All passenger ways shall be free from debris, obstruction, projection and other hazards. All floor, ramp and step surfaces shall be constructed and maintained to prevent slipping and tripping. A safe clearance shall be maintained from all mechanical handling equipment;

(b) Adequate stairways or ramps and necessary landings and platforms shall be provided where persons enter or leave a device, ride or structure that is above or below grade or floor level at the entrance to and exit from such. Unless provided by a recognized manufacturer as a part of the amusement ride or device, the design and construction of stairways, ramps, railings and exits shall conform to the Oregon Structural Specialty Code in effect at the time of manufacture. All stairs with more than three risers shall have handrails or railings on both sides regardless of width;

(c) Stairways, landings and ramps shall be designed, constructed and maintained in accordance with the Oregon Structural Specialty Code in effect at the time the ride or device was first issued an operating permit, but so as to sustain safely a live load of at least 90 pounds per square foot;

(d) At least two exits remote from each other shall be provided from each level floor, tier, room or balcony. An entrance may serve as an exit for the purposes of compliance with this rule. All exits shall conform to the Oregon Structural Specialty Code in effect at the time the amusement ride or device was first issued an operating permit in Oregon, but in no case shall be less than 28 inches wide;

(e) Access to and exits from amusement rides and devices and associated structures shall be provided with illumination by natural or artificial means of at least five foot-candles measured at grade level.

(11) Housekeeping:

(a) Cleanliness. A suitable number of containers for refuse shall be provided in and around all amusement rides and devices and associated structures. Excessive accumulations of trash or rubbish shall be promptly removed. All parts of amusement rides or devices and associated structures used by the public shall be kept clean. The area shall be clear and kept free from trash and tripping hazards;

(b) Air Compressors and Equipment. Air compressors, air compressor tanks and related equipment shall be constructed, equipped and maintained to insure safe operation at all times. Air compressor tanks and other air receivers used with air compressors shall be operated and maintained in compliance with applicable provisions of ORS 480.510 through 480.665 and the rules adopted by the Oregon Board of Boiler Rules;

(c) Oil and Hydraulic Systems. Oil and hydraulic systems and other related equipment used in connection with amusement devices shall be free of leaks and shall be maintained to insure safe operation at all times;

(d) Machinery and Machine Guarding. Machinery used in or with an amusement device shall be enclosed, barricaded or otherwise effectively guarded against contact. Guards removed for maintenance shall be replaced before normal operation is resumed. One or more methods of machine guarding shall be provided to protect the public from injury. Guards shall be fixed to the machine where possible and secured elsewhere if attachment to the machine is not possible. The guard or barrier shall not offer an accident hazard in itself. Barriers shall be secured to prevent movement or tip over. The barriers shall be located to keep the public at a safe distance from the ride. All machinery designed for a fixed location shall be secured;

(e) Mechanical Power Transmission. All power transmission devices and associated moving parts shall be shielded, enclosed or barricaded to protect the public or shall be sufficiently distant to prevent hazard;

(f) Welding, Cutting and Brazing. Welding, cutting or brazing shall not be performed where the public can directly observe the process or be hit by sparks of flying materials. Any welding, cutting and brazing performed when the public is present shall be behind temporary solid barriers.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.355
BCD 3-2024, amend filed 03/28/2024, effective 04/01/2024
BCD 15-2014, f. 12-31-14, cert. ef. 1-1-15
BCD 15-1998, f. 9-30-98, cert. ef. 1-1-99
BCD 10-1994, f. 4-25-94, cert. ef. 5-1-94
DC 13-1982, f. 4-21-82, cert. ef. 4-30-82, Renumbered from 814-060-0200

Or. Admin. R. 918-200-0095 Inspectors, Files and Information

(1) Scope. This rule establishes the minimum standards for inspectors, for communication between manufacturers, operators and inspectors, and the required retention of information.

(2) To be qualified to inspect amusement rides in Oregon, inspectors shall have:

(a) Two years experience with an insurance company as an amusement ride inspector;

(b) Two years experience inspecting amusement rides inspecting amusement ride codes while employed by a state or governmental body regulating amusement rides;

(c) Five years field operating and maintenance experience with amusement rides and devices, including responsibility for erection, assembly, disassembly; personnel supervision responsibility for erection, maintenance and operating functions;

(d) Ten years documented practical experience in the design, construction, maintenance, repair, field inspection, and operation of amusement rides and devices as an authorized representative of a recognized manufacturer; or

(e) An equivalent combination of training and experience.

(3) Every inspector shall annually attend at least eight hours of continuing education related to amusement rides and devices sponsored by the Amusement Industry Manufacturers and Suppliers or its equivalent. All experience and schooling shall be documented and available to the Division upon request.

(4) Manufacturers’ Registries. Manufacturers shall, insofar as reasonably practical, maintain registries of persons in the State of Oregon who have need for information on the amusement rides and devices which they manufacture:

(a) Operator Registry. This registry shall contain names of all persons known to the manufacturer to operate the manufacturer’s products within Oregon;

(b) Other Than Operator Registry. This registry shall contain names of all persons within this state who have notified the manufacturer of their legitimate need for information on the manufacturer’s products;

(c) Manufacturers may periodically request, via ordinary U.S. mail, that persons on the registries confirm the need for the new information. A manufacturer may remove from the mailing list the names of persons who fail to respond within 60 days;

(d) Ride manufacturers shall notify registrants of all new information relevant to the proper maintenance, operation and inspection of the amusement rides and devices they manufacture.

(5) Ride Files. Operator shall maintain a file for each ride. Records should be kept at least five years, except as otherwise specifically stated in statute or rule. The file shall include:

(a) Record of required permit inspections; and

(b) Correspondence related to the manufacturer, including:

(A) Bulletins and other manufacturing information; and

(B) Records indicating modifications recommended by the manufacturer were made.

(d) All technical information supplied by the manufacturer; and

(6) Such other information as required by these rules.

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.355
BCD 15-1998, f. 9-30-98, cert. ef. 1-1-99
BCD 10-1994, f. 4-25-94, cert. ef. 5-1-94
DC 13-1982, f. 4-21-82, cert. ef. 4-30-82, Renumbered from 814-060-0500

Or. Admin. R. 918-200-0100 Bungee Jumping

Except for jumps from towers or devices specifically engineered and designed for reverse jumping or catapulting, “bungee catapulting,” “negative jumping,” “reverse jumping,” “launching,” “tandem, double or multiple jumping,” or “sandbagging” shall not be permitted.

History

Statutory/Other Authority: ORS 460.355
Statutes/Other Implemented: ORS 460.355
BCD 15-2014, f. 12-31-14, cert. ef. 1-1-15
BCD 10-1994, f. 4-25-94, cert. ef. 5-1-94

Division 225 BOILERS AND PRESSURE VESSELS

Or. Admin. R. 918-225-0240 Definitions

As used in OAR 918, division 225, unless the context requires otherwise:

(1) "Agricultural Purposes" means:

(a) Sowing, tending, and harvesting of products of the soil grown under natural conditions;

(b) Raising of poultry or fowl;

(d) Original processing of the farm product, but not the processing of the product of a different operator, or reprocessing work as freezing, canning, or packing if performed substantially for commercial purposes.

(2) "Available" to determine inspection fees at cost, means the vessels must be due for inspection in the year the notification is applicable, and must all be ready for inspection at the time designated by the inspector.

(3) "Board" is defined in ORS 480.515(2).

(4) "Boiler Room" means any enclosed room or designated space within a building, intended by design or by usage to contain a boiler that is connected and available for use. A boiler located in an area not meeting the definition of "boiler room" under OAR 918-225-0465 shall apply to any space within 20 feet of any burner.

(5) "Building Service Piping" means piping systems operating at or less than 150 psig steam; and water at or less than 160 psig and 250o F as described in ANSI/ASME Standard B31.9.

(6) "Chief Inspector" means the inspector appointed by the director pursuant to ORS 480.565(1).

(7) "Farm" means an area of land:

(a) Located in a rural district;

(b) Of sufficient size to generally be considered as a farm in its locale; and

(8) "Emergency" as used in ORS 480.630(6) means an unplanned circumstance requiring immediate repair, installation, replacement, or shutdown because of risk to health, life, or property.

(9) "Hobby" or "Demonstration" means recreational or other noncommercial use.

(10) "Immediate Safety Hazard" means hazardous conditions exist requiring immediate correction to a boiler, pressure vessel, or pressure piping system to preserve the safety of people or property.

(11) “Installation” means, but is not limited to, permanently placing in its final operating position, assembling, or connecting a boiler, pressure vessel, boiler controls, or related appurtenances for service or use. Installation includes, but is not limited to, connecting water, steam, air, refrigerant, fuel source, or other product piping to or from a boiler or pressure vessel. Merely transporting, moving or temporarily positioning a boiler or pressure vessel is not an installation. For the purposes of these rules, an electrical power supply connection to a boiler or pressure vessel is not an installation.

(12) "National Board" means the National Board of Boiler and Pressure Vessel Inspectors.

(13) "Operating" means any vessel connected and ready for service.

(14) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.

(15) "Place of Public Assembly" means a building used or held for use, in whole or in part, for worship; health treatment; rest, recuperation, or retirement living; child care nurseries or institutions; public meetings; education; instruction; entertainment; eating; recreation; or awaiting transportation.

(16) "Pressure Piping" means piping systems and components under the scope of ASME B31.1, B31.3, B31.5, and B31.9.

(17) "Pressure Relief Valve" means pressure relief device designed to open by inlet static pressure and to reclose after pressure has lowered below the set point. Only ASME approved valves are allowed under the boiler rules.

(18) "Pressure Vessel" is defined in ORS 480.515(12).

(19) "Process Piping Inspector" means the owner's inspector, for the inspection of ASME B31.3 Process Piping, Category "M" fluid service only.

(20) "Psig" means pounds per square inch gauge pressure.

(21) "Related Appurtenance" is defined in ORS 480.515(13).

(22) “Repair” means:

(a) Welded or Riveted Repairs, meaning welding or riveting within or on the pressure boundaries of a boiler, pressure vessel or related appurtenance to restore the vessel or appurtenance to a safe and satisfactory operating condition, or any work that might impair the integrity of the pressure retaining item;

(b) Non-welded Major Repairs, meaning work performed on a boiler or pressure vessel and its related appurtenances by non-welded means to restore the vessel or appurtenance to a safe and satisfactory operating condition, including but not limited to the replacement of burners, tubes and cast iron sections; and

(c) Minor Repairs, meaning the non-welded replacement of safety devices, including but not limited to, low water cut-offs, pressure relief valves, safety valves, safety switches, rupture discs, high pressure or temperature limits, low pressure or temperature limits, fuel train components, flame detectors, flame safeguards, heat exchanger elements, and burner components.

(23) "Safety Valve" means a valve activated by inlet static pressure and characterized by rapid opening or pop action. Only ASME approved valves are allowed under the boiler rules.

(24) "Same Location," to determine inspection fees at cost, means that all vessels are within 2,000 feet of one another.

(25) "Service of Process" means deposit in the U.S. mail a copy of a notice addressed to the respondent at the respondent's last known address.

(26) "Single Family Dwelling" means a one-family dwelling structure.

(27) "Structure" means a building or shed with a roof and enclosed on the sides 75 percent or more.

(28) "Traction Boiler" means a boiler constructed before January 1, 1961, designed to operate or pull equipment, or to convert steam power into a flywheel energy driving apparatus such as a thresher, road roller, or grinding equipment.

(29) "Vessel That is Considered Subject to Corrosion or Erosion" means the vessel contains or is intended to contain contents having a corrosive or erosive effect on any portion of the vessel. The use of glass linings leaves a vessel subject to corrosion unless all portions of the vessel are impervious to the corrosive or erosive effects of the contents.

History

Statutory/Other Authority: ORS 455.030 & ORS 480.545
Statutes/Other Implemented: ORS 480.545, ORS 480.525, ORS 480.550, ORS 480.560 & ORS 480.565
BCD 8-2021, amend filed 08/24/2021, effective 10/01/2021
BCD 36-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 14-2007, f. 12-28-07 cert. ef. 1-1-08
BCD 20-2005, f. 9-15-05, cert. ef. 10-1-05
BCD 17-2005(Temp), f. & cert. ef. 7-12-05 thru 9-30-05
BCD 4-2003, f. & cert. ef. 3-14-03
BCD 36-2000, f. 12-29-00, cert. ef. 1-1-01
BCD 26-1998, f. 12-30-98, cert. ef. 1-1-99
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0005
BCA 5-1991, f. & cert. ef. 3-15-91
BCA 4-1989, f. & cert. ef. 4-17-89, Renumbered from 814-025-0003
DC 1-1984, f. & cert. ef. 1-5-84
DC 3-1982, f. & cert. ef. 2-3-82
DC 17-1972, f. 7-31-72, cert. ef. 8-15-72

Or. Admin. R. 918-225-0300 Exemptions for Fired Water Heaters

Fired water heaters used exclusively for heating water for swimming pools or spas are considered pool boilers and are exempt from the requirements of ORS 480.510 to 480.665 if:

(1) Units are equipped with a flow switch or pressure switch set at a minimum of 1-1/2 psig;

(2) No intervening stop valves are installed on the discharge side of the unit;

(3) Discharge piping is not reduced from the engineered sizing of the fired heater;

(4) All units are equipped with an ASME-approved pressure relieving device set at 50 psig or lower;

(5) The unit has a maximum of ten gallons capacity contained within the unit; and

(6) The burner is wired in series with the circulating pump.

History

Statutory/Other Authority: ORS 480.560
Statutes/Other Implemented: ORS 480.560
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0065
DC 3-1987, f. & cert. ef. 2-18-87, Renumbered from 814-025-0038
DC 7-1986, f. & cert. ef. 5-5-86

Or. Admin. R. 918-225-0310 Exemptions for Refrigerant Piping Systems

(1) The requirements of OAR 918-225-0430(2)(e) shall be enforced under this rule for all refrigerant piping systems consisting of welded, brazed or mechanically assembled piping and piping fittings exceeding 2 inches NPS, and containing any refrigerant chemical rated as other than A-1 or B-1 by the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE 34) as adopted by the Oregon Mechanical Specialty Code.

(2) One and two-family dwelling units and air conditioning refrigeration systems used solely for human comfort are exempt from this rule.

(3) All refrigeration piping system requirements other than those regulated by this rule are subject to the Oregon Mechanical Specialty Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.550
Statutes/Other Implemented: ORS 480.550
BCD 4-2020, minor correction filed 02/25/2020, effective 02/25/2020
BCD 35-2000, f. 12-29-00, cert. ef. 7-1-01

Or. Admin. R. 918-225-0315 Exemptions for Process Piping Systems

(1) For the purposes of the Oregon Boiler and Pressure Vessel Specialty Code, the requirements of OAR 918-225-0430(2)(d) shall be applied to only Category "M" fluid service process piping systems, as described in ASME B31.3, Appendix "M,” Guide to Classifying Fluid Service. For the purposes of these rules, "process piping systems" consists of welded, brazed, mechanically or chemically assembled piping listed as Category "M" by the owner. Process piping systems begin at the first, flanged, screwed or circumferential joint outside the supply or source to the destination excluding manufactured packaged components. Process piping does not include liquefied petroleum gas piping.

(2) For the purposes of these rules, seismic provisions and additional requirements associated with process piping systems classified as Category "M" fluid service and the structure to which these systems are attached, shall be regulated and inspected under the provisions of the Oregon Structural Specialty Code.

(3) Businesses and owner-users installing process piping classified as Category "M" fluid service must meet the requirements under OAR 918-225-0640, 918-225-0720, 918-225-0730 and 918-225-0740 as appropriate. Individuals installing Category M fluid service process piping must be licensed under OAR 918-225-0691 on or before July 1, 2003, unless they meet the requirements of these rules under OAR 918-225-0720 or owner-users under 918-225-0740.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.545, 480.565, 480.605, 480.607 & 480.647
Statutes/Other Implemented: ORS 480.545, 480.565, 480.605, 480.607 & 480.647
BCD 3-2020, minor correction filed 02/25/2020, effective 02/25/2020
BCD 4-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 918-225-0320 Exemptions for Refrigerant or Air Conditioning Pressure Vessels

(1) Refrigerant or air conditioning pressure vessels containing three cubic feet, or less, volume of non-corrosive gases are exempt from ORS 480.510 to 480.665 if the pressure vessel is manufactured in accordance with the Boiler and Pressure Vessel Code, (ASME Section VIII, Division I), and registered with the National Board of Boiler and Pressure Vessel Inspectors as required by OAR 918-225-0450(1).

(2) The installation and operation of these vessels are covered by the Oregon Mechanical Specialty Code or mechanical aspect of the One and Two Family Dwelling Specialty Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.560
Statutes/Other Implemented: ORS 480.560
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0080
DC 2-1985, f. & cert. ef. 1-4-85, Renumbered from 814-025-0042
DC 26-1978, f. 9-21-78, cert. ef. 10-1-78

Or. Admin. R. 918-225-0330 Exemptions for Unfired Pressure Vessels With an Inside Diameter of Six Inches and Less

(1) Vessels with an inside diameter or cross section diagonal not exceeding six inches, equipped with an approved pressure relieving device are exempt from ORS 480.510 to 480.665.

(2) No limitations are placed on length of vessel or pressure.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.560
Statutes/Other Implemented: ORS 480.560
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0085
BCA 2-1988, f. & cert. ef. 2-22-88, Renumbered from 814-025-0043
DC 18-1980, f. & cert. ef. 8-22-80

Or. Admin. R. 918-225-0340 Exemptions for Pressure Containing Parts of Piping Components

The following are exempt from the requirements of ORS 480.510 to 480.665:

(1) Pressure containers which are integral parts or components of rotating or reciprocating mechanical devices, including but not limited to pumps, compressors, turbines, generators, engines and hydraulic or pneumatic cylinders where the primary design considerations or stresses are derived from the functional requirements of the device.

(2) Pressure containing parts of other components, including but not limited to strainers and devices which do mixing, separating, snubbing, distributing and metering or controlling flow, where the parts are generally recognized as piping components or accessories.

History

Statutory/Other Authority: ORS 480.560
Statutes/Other Implemented: ORS 480.560
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0093
BCA 1-1991, f. 1-18-91, cert. ef. 1-31-91

Or. Admin. R. 918-225-0350 Exemptions for Hot Water Storage Tanks

Hot water supply storage tanks heated by steam or any indirect means not exceeding any of the following are exempt from ORS 480.510 to 480.665:

(1) A water temperature of 210°F;

(2) A nominal water containing capacity of 120 gallons; or

(3) A maximum working pressure of 150 pounds per square inch gauge pressure.

History

Statutory/Other Authority: ORS 480.560
Statutes/Other Implemented: ORS 480.560
BCD 8-2021, amend filed 08/24/2021, effective 10/01/2021
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0094
BCA 1-1991, f. 1-18-91, cert. ef. 1-31-91

Or. Admin. R. 918-225-0360 Exemptions for Certain Pressure Vessels

Pressure vessels for cold water storage, water filter, water softener, or hydro-pneumatic service, and equipped with an ASME-approved pressure/temperature relieving device set at a maximum pressure of 300 psig and a maximum temperature of 210°F., except those pressure vessels connected to an outside air supply, are exempt from the Boiler and Pressure Vessel Law under ORS 480.525(1).

History

Statutory/Other Authority: ORS 480.560
Statutes/Other Implemented: ORS 480.560
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0095
BCA 3-1989, f. & cert. ef. 2-8-89, Renumbered from 814-025-0047
BCA 6-1987, f. & cert. ef. 8-24-87
DC 21-1983, f. & cert. ef. 9-29-83
DC 5-1982, f. & cert. ef. 2-3-82

Or. Admin. R. 918-225-0365 Exemptions for Certain Miniature Boilers

A miniature boiler used commercially is exempt from the requirements of ORS 480.510 to 480.665, provided the boiler:

(1) Does not have more than 1.5 cubic feet of steam space;

(2) Is operated at not more than 30 pounds per square inch;

(3) Has a safety valve set at or below 30 pounds per square inch; and

(4) Meets the safety standards adopted by any of the following laboratories as of December 23, 1994:

(a) Underwriters Laboratories, Inc;

(b) Edison Testing Labs;

(c) Italian Instituto Superiore Per La Prevenzione E La Sicurezza Del Lavoro (ISPESL) also known as the “Italian National Standard”; or

(d) Technischer Uberwachungsverein (TUV) also known as the “German National Standard.”

History

Statutory/Other Authority: ORS 480.545
Statutes/Other Implemented: ORS 480.545
BCD 29-1994, f. & cert. ef. 12-23-94
BCD 15-1994, f. & cert. ef. 6-14-94

Or. Admin. R. 918-225-0370 Exemptions for Coil-Type Water Boilers

Coil-type water boilers, where the water can flash into steam when released directly to the atmosphere through a manually operated nozzle, are exempt from ORS 480.510 to 480.665 if the following conditions are met:

(1) There is no drum, header, or other steam space;

(2) No steam is generated within the coil;

(3) Tubing outside diameter does not exceed one inch;

(4) Pipe size does not exceed NPS 3/4;

(5) Nominal water capacity does not exceed six gallons;

(6) Water temperature does not exceed 350° F;

(7) Adequate safety relief valves and controls are provided.

History

Statutory/Other Authority: ORS 480.560
Statutes/Other Implemented: ORS 480.560
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0096
BCA 30-1991, f. & cert. ef. 9-9-91
BCA 19-1991(Temp), f. 6-14-91, cert. ef. 6-15-91

Or. Admin. R. 918-225-0380 Exemptions for Refrigeration Chillers

(1) Waterside vessels of refrigeration chillers are exempt under ORS 480.510 to 480.665 if:

(a) The design pressure does not exceed 300 pounds per square inch gauge, the temperature does not exceed 210°F., and the system includes an ASME-approved relieving device set at a maximum working pressure of 300 pounds per square inch gauge at 210°F;

(b) The refrigerant side is built in accordance with the minimum safety standards and equipped with an ASME-approved relieving device set at or below the maximum working pressure and temperature as specified on the nameplate for the vessel; and

(2) Systems connected to an outside heat energy source shall not be exempt from ORS 480.510 to 480.665.

(3) If any of the limitations in section (1) of this rule are exceeded, the chiller must comply with the minimum safety standards.

(4) This exemption does not apply to systems using ammonia as a refrigerant.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.560
Statutes/Other Implemented: ORS 480.560
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0115
BCA 4-1990, f. & cert. ef. 2-6-90
DC 5-1986, f. & cert. ef. 3-7-86, Renumbered from 814-025-0049
DC 20-1985(Temp), f. & cert. ef. 9-20-85

Or. Admin. R. 918-225-0430 Adopted Oregon Boiler and Pressure Vessel Specialty Code

(1) The Oregon Boiler and Pressure Vessel Specialty Code is adopted and amended by reference. Any matters included in the referenced publications below that are in conflict with Oregon Revised Statutes or Oregon Administrative Rules are superseded by the applicable statute or rule. All remaining parts or application of the code or standard remain in effect. Items which are superseded by applicable statute or rule include but are not limited to: licensing or certification requirements; inspection schedules and requirements; quality assurance or quality control procedures or requirements; structures or equipment maintenance requirements; matters covered by federal or state law; and matters that conflict with other specialty codes or publications adopted by the department. Any matters included in the referenced publications below which are beyond the scope of the State Building Code as defined in ORS Chapter 455 are not adopted or enforced as part of the Oregon Boiler and Pressure Vessel Specialty Code.

(2) Effective October 1, 2024, the 2024 Oregon Boiler and Pressure Vessel Specialty Code consists of the following minimum safety standards for boilers, pressure vessels, pressure piping, parts, items, and repair and alteration procedures:

(a) ORS 480.510 to 480.670 and OAR chapter 918, division 225;

(b) The 2023 edition of the National Board Inspection Code ANSI/NB 23, including Parts 1, 2, 3 and 4, as amended by the division in Table 2-B;

(c) The 2023 edition of the American Society of Mechanical Engineers (ASME), Boiler and Pressure Vessel Code, Section I; Section II, Parts A, B, C, and D; Section IV; Section V; Section VIII, Division 1, 2, and 3; Section IX; Section X; and Section XIII only;

(d) The 2024 edition of the ANSI/ASME B31.1 Power Piping Code;

(e) The 2022 edition of the ANSI/ASME B31.3 Process Piping Code;

(f) The 2022 edition of the ANSI/ASME B31.5 Refrigeration Piping Code;

(g) The 2023 edition of the ANSI/ASME B31.9 Building Service Piping Code;

(h) The 2023 edition of NFPA 85, Boiler and Combustion Systems Hazards Code;

(i) The 2021 edition of ASME, CSD-1, Controls and Safety Devices for Automatically Fired Boilers; and

(j) The 2023 edition of ASME PVHO-1, Safety Standard for Pressure Vessels for Human Occupancy.

(3) The standards and requirements applicable to boiler and pressure vessel business and trade licenses, as well as inspector certifications, issued by the Building Codes Division are established in ORS Chapters 455 and 480, and OAR chapter 918, divisions 30, 90, and 225.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 455.020, ORS 480.550 & ORS 480.545
Statutes/Other Implemented: ORS 480.550, ORS 480.545 & ORS 480.560
BCD 12-2024, amend filed 09/30/2024, effective 10/01/2024
BCD 10-2024, amend filed 09/27/2024, effective 10/01/2024
BCD 8-2021, amend filed 08/24/2021, effective 10/01/2021
BCD 21-2018, amend filed 09/18/2018, effective 10/01/2018
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 1-2015, f. 3-23-15, cert. ef. 4-1-15
BCD 31-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 33-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 16-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 20-2005, f. 9-15-05, cert. ef. 10-1-05
BCD 17-2005(Temp), f. & cert. ef. 7-12-05 thru 9-30-05
BCD 13-2002, f. 6-28-02, cert. ef. 7-1-02
BCD 36-2000, f. 12-29-00, cert. ef. 1-1-01
BCD 26-1998, f. 12-30-98, cert. ef. 1-1-99
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCD 17-1996, f. & cert. ef. 9-17-96
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0015
BCA 26-1990, f. & cert. ef. 10-30-90
BCA 5-1990, f. & cert. ef. 2-6-90
BCA 25-1989, f. & cert. ef. 7-27-89, Renumbered from 814-025-0006
BCA 15-1988, f. & cert. ef. 11-16-88
BCA 5-1987, f. & cert. ef. 8-24-87
DC 2-1987, f. & cert. ef. 2-18-87
DC 6-1986, f. & cert. ef. 5-5-86
DC 16-1985, f. & cert. ef. 7-1-85
DC 36-1984, f. & cert. ef. 12-4-84
DC 18-1984, f. & cert. ef. 5-9-84
DC 1-1984, f. & cert. ef. 1-5-84
DC 21-1983, f. & cert. ef. 9-29-83
DC 18-1983, f. & cert. ef. 8-11-1983
DC 23-1982, f. & cert. ef. 11-9-82
DC 6-1982, f. & cert. ef. 2-4-82
DC 4-1980, f. & cert. ef. 5-30-80
DC 1-1978, f. 1-5-78, cert. ef. 1-15-78
DC 93, f. & cert. ef. 7-19-76
DC 89, f. & cert. ef. 6-2-77
DC 50, f. 7-2-75, cert. ef. 7-25-75
DC 38(Temp), f. & cert. ef. 11-1-74
DC 33, f. 5-6-74, cert. ef. 5-25-74
DC 27(Temp), f. & cert. ef. 12-31-73
DC 19, f. 6-21-73, cert. ef. 7-1-73
DC 17, f. 7-31-72, cert. ef. 8-15-72

Or. Admin. R. 918-225-0435 Amendments to the Oregon Boiler and Pressure Vessel Specialty Code

The Oregon Boiler and Pressure Vessel Specialty Code is amended pursuant to OAR chapter 918, division 8. Amendments adopted for inclusion into the Oregon Boiler and Pressure Vessel Specialty Code are placed in this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020, ORS 480.545 & ORS 480.550
Statutes/Other Implemented: ORS 480.545 & ORS 480.550
BCD 8-2021, amend filed 08/24/2021, effective 10/01/2021
BCD 21-2018, amend filed 09/18/2018, effective 10/01/2018
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 1-2015, f. 3-23-15, cert. ef. 4-1-15
BCD 31-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 33-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 6-2007, f. 6-8-07, cert. ef. 6-15-07
BCD 16-2006, f. 12-29-06, cert. ef. 1-1-07

Or. Admin. R. 918-225-0445 Other Installation Standards

(1) Boilers or pressure vessels not designed or constructed in accordance with the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers (ASME) may be installed in Oregon if the boiler or pressure vessel was designed or constructed in accordance with the applicable standards issued by one of the following organizations:

(a) British Standards Institute;

(b) Canadian Standards Association;

(d) Syndicat National de la Chaudronnerie de la Tuyauterie & de la Maintenance Industrielle (SNCT).

(2) Boilers and pressure vessels constructed in accordance with the standards listed in (1)(a) through (d) of this rule must:

(a) Have controls and safety devices that are comparable to the controls and safety devices outlined in ASME CSD-1, Controls and Safety Devices for Automatically Fired Boilers, including, but not limited to, data plates and warning labels that are written in English;

(b) Be fitted with pressure relief valves that are built to ASME standards; and,

(c) Be installed, operated, maintained, and repaired in accordance with the provisions of ORS 480.510 to 480.670 and these rules.

History

Statutory/Other Authority: ORS 480.545 & 480.560
Statutes/Other Implemented: ORS 480.545 & 480.560
BCD 32-2008, f. 12-31-08, cert. ef. 1-1-09

Or. Admin. R. 918-225-0450 Manufacturer’s Data Reports

(1) For new boilers or pressure vessels built to ASME or Canadian Standards Association standards, a Manufacturer's Data Report shall be filed with the National Board of Boiler and Pressure Vessel Inspectors before installing any new boiler or pressure vessel subject to installation inspection in Oregon. A copy of the filing is provided to the chief inspector by the National Board of Boiler and Pressure Vessel Inspectors when the boiler is to be installed in Oregon.

(2) For new boilers or pressure vessels not built to ASME or Canadian Standards Association standards, that are approved for installation in Oregon through administrative rule or an alternate method ruling, shall require manufacturer’s construction specifications that are comparable to a Manufacturer’s Data Report and that are written in English, to be filed with the division before installation.

(3) A Manufacturer's Data Report shall be filed with the chief inspector before installing any new unfired miniature pressure vessel or used boiler or pressure vessel subject to installation inspection in Oregon.

(4) This rule does not apply to cast iron boilers.

History

Statutory/Other Authority: ORS 480.545
Statutes/Other Implemented: ORS 480.545
BCD 31-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0020
DC 32-1984, f. & cert. ef. 10-19-84, Renumbered from 814-025-0008
DC 21-1984, f. & cert. ef. 5-15-84
DC 2-1982, f. & cert. ef. 2-3-82
DC 19, f. 6-21-73, cert. ef. 7-1-73

Or. Admin. R. 918-225-0460 Reporting of Accidents and Conditions of Use

(1) Any accident, which includes an explosion, fire or major failure of a vessel or a related appurtenance shall be reported to the chief inspector by telephone or FAX, or both, at the Building Codes Division within 24 hours of the occurrence by:

(a) Vessel owner, whether legal or equitable;

(b) Vessel user, whether agent of the owner or independent thereof;

(d) Any person licensed or certified under ORS 480.630.

(2) The chief inspector shall cause an immediate inspection of the vessel reported under section (1) of this rule.

(3) Neither the vessel, nor its related appurtenances, shall be changed, altered, repaired or moved (except to give emergency aid or assistance to injured persons), before a deputy or special inspector has been notified of the nature, extent and cause of the accident. The deputy or special inspector shall, at that time, make a determination whether repairs may be undertaken and by what method. The vessel owner or user shall keep any damaged parts of the vessel available, until the inspection required by section (2) of this rule has been made.

(4) Reports made under section (1) of this rule shall not relieve any person from the requirements of an inspection as provided by section (2) of this rule.

History

Statutory/Other Authority: ORS 480.545
Statutes/Other Implemented: ORS 480.545
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0160
DC 3-1981, f. & cert. ef. 1-23-81, Renumbered from 814-025-0071
DC 17-1972, f. 7-31-72, cert. ef. 8-15-72;

Or. Admin. R. 918-225-0465 Boiler Room Usage

(1) Every boiler room shall be maintained for exclusive use of boilers and associated systems, equipment and machinery. Storage of non-boiler-related machinery, equipment or materials in a boiler room is prohibited. Flammable liquid or gas containers shall not be placed or stored in a boiler room.

(2) Boiler water treatment chemicals, boiler maintenance or repair tools and equipment and boiler record-keeping materials are exempted from section (1) of this rule.

(3) Boiler rooms shall be maintained in an orderly manner. Lighting shall be provided and maintained in accordance with the Oregon Electrical Specialty Code adopted in OAR 918-305-0100. Trash receptacles containing combustible materials shall be of the self-closing type.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.545
Statutes/Other Implemented: ORS 480.545
BCD 21-2018, amend filed 09/18/2018, effective 10/01/2018
BCD 36-2000, f. 12-29-00, cert. ef. 1-1-01
BCD 26-1998, f. 12-30-98, cert. ef. 1-1-99

Or. Admin. R. 918-225-0470 Boiler Operation

The owner-user of a boiler, designed for operation at or above 15 psi steam; or 160 psi or 250 F. water shall insure that all boiler control and safety devices are thoroughly inspected and tested at regular intervals consistent with the provisions of OAR 918-225-0560 and 918-225-0570. A daily record of boiler operation, tests, inspections, maintenance and feed water treatment shall be maintained in or near the boiler room and shall be available for examination by any deputy or special inspector. The record shall include the name and signature of the person assigned responsibility for boiler operations.

(1) A person suitably trained in boiler operation and control must be assigned responsibility for the boiler and shall be in close proximity of the boiler whenever it is in operation. While in operation, the boiler may not be left unattended for any period longer than the response time described in section (3) of this rule.

(2) Each boiler must be equipped with an alarm which operates at the lowest permissible water level or highest permissible operating temperature. The alarm must be audible to the person responsible for operation of the boiler at any time the boiler is in operation. The person must be able to respond to a boiler fault within the response time described in section (3) of this rule. At least one low water control device designed to shut down the boiler when activated, must require manual resetting before the boiler may be restarted.

(3) Response time for a boiler subject to this rule shall be the time required to lower the water level from the normal operating level to the minimum allowable level when the boiler is firing at the maximum rate and the feed water is shut off; or to raise the operating pressure or temperature of a water boiler to the maximum allowable rating.

(4) Boilers using solid fuel not in suspension shall have fuel and water control devices approved by the chief inspector, and in case of feed water failure shall be equipped with a means to effectively reduce or eliminate fuel heat input to the boiler.

(5) Miniature boilers built to ASME Section I, part PMB are exempt from this rule. Boilers of historical design, operated for hobby use only, are exempt from section (2) of this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.545
Statutes/Other Implemented: ORS 480.545
BCD 36-2000, f. 12-29-00, cert. ef. 1-1-01
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCD 13-1995, f. & cert. ef. 9-15-95
BCD 4-1995, f. & cert. ef. 3-15-95
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0190
DC 24-1982, f. & cert. ef. 11-16-82, Renumbered from 814-025-0085
DC 17-1972, f. 7-31-72, cert. ef. 8-15-72

Or. Admin. R. 918-225-0510 Installation of Buried Vessels

Under no circumstances shall any pressure vessel subject to the Boiler and Pressure Vessel Laws and these rules be buried underground or located in an inaccessible place. Where necessary to install a vessel underground, it shall be enclosed in a concrete or masonry pit with removable cover so that inspection of entire shell and heads of the vessel can be made.

History

Statutory/Other Authority: ORS 480.545
Statutes/Other Implemented: ORS 480.545
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0105
DC 10-1983, f. & cert. ef. 4-28-83, Renumbered from 814-025-0046
DC 92-1977, f. & cert. ef. 7-19-77

Or. Admin. R. 918-225-0540 Scope of Special Inspector’s Authority

(1) General inspection requirements are in ORS 480.560.

(2) The type of inspections a special inspector can do is set out in ORS 480.570.

(3) The special inspector’s enforcement powers are in ORS 480.660.

(4) Appeals from special inspector actions are under ORS 480.660(4).

History

Statutory/Other Authority: ORS 480.560, 480.570 & 480.660
Statutes/Other Implemented: ORS 480.560, 480.570 & 480.660
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94

Or. Admin. R. 918-225-0560 Responsibility of Inspectors

(1) All deputy and special inspectors shall perform boiler, pressure vessel and pressure piping inspections in accordance with the Oregon Boiler and Pressure Vessel Specialty Code adopted in OAR 918-225-0430 and the following requirements of the division:

(a) For new boilers, the inspector shall verify that the controls and safety devices required by ASME CSD-1 or other construction codes are installed and function as designed in accordance with manufacturer's instructions;

(b) External boiler inspections shall be performed with the boiler in normal operation. The inspector shall examine all controls, safety devices, water columns and gauge glasses for evidence of tampering and shall verify that all testing has been performed to ensure proper functioning;

(c) Internal boiler inspections shall be performed in a thorough and complete manner. Manways and other inspection openings necessary to perform a particular inspection shall be removed for access to the boiler internals. Water columns, feed water controllers and feed piping shall be inspected internally. The inspector shall visually examine pressure boundary retaining devices, boiler refractory, hangers, clips, boiler tubes and headers and drum internals for damage, corrosion, overheating, welded repairs, feedwater treatment or any detrimental conditions;

(d) The inspector shall explain to the owner or user that any boiler, pressure vessel or pressure piping deficiency requires correction under the Oregon Boiler and Pressure Vessel Specialty Code. The inspector shall require conditions not hazardous to health or safety to be corrected within 30 days. The inspector shall require conditions hazardous to health or safety to be corrected prior to operating the equipment. The owner or user of the equipment may apply to the chief inspector for extension of the 30-day correction requirement; and

(e) All inspectors witnessing installation, repair or alteration of boilers, pressure vessels or pressure piping shall verify that the contractor and workers performing the work are appropriately licensed and hold valid permits as required by ORS 480.630.

(2) Failure to comply with subsections (1)(a) through (e) of this rule, or failure of an owner or user to perform a required deficiency correction may cause additional inspections to be performed per ORS 480.570 as directed by the chief inspector.

(3) The responsibilities of process piping inspectors are located in OAR 918-225-0562.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.030 & 480.545
Statutes/Other Implemented: ORS 480.545, 480.555, 480.560, 480.565 & 480.570
BCD 21-2018, amend filed 09/18/2018, effective 10/01/2018
BCD 20-2005, f. 9-15-05, cert. ef. 10-1-05
BCD 17-2005(Temp), f. & cert. ef. 7-12-05 thru 9-30-05
BCD 4-2003, f. & cert. ef. 3-14-03
BCD 26-1998, f. 12-30-98, cert. ef. 1-1-99
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0045
DC 37-1984, f. & cert. ef. 12-4-84, Renumbered from 814-025-0020
DC 17-1972, f. 7-31-72, cert. ef. 8-15-72

Or. Admin. R. 918-225-0562 Process Piping Inspector Responsibilities

(1) The process piping inspector shall:

(a) Inspect the Category "M" fluid service process piping to the extent necessary to be satisfied that it conforms to all applicable examination requirements of ASME B31.3;

(b) Verify that all required examinations and testing have been completed; and

(c) Complete and sign division-supplied forms and provide them to the authority having jurisdiction, the division and the registered owner a summary report of the inspections on at least a quarterly basis including information showing who did the inspections.

(2) A certified process piping inspector may delegate inspection responsibility only to other persons when the process piping inspector has:

(a) Provided the name or list of names of the delegees to the authority having jurisdiction and the division; and

(b) Determined the person to whom an inspection function is delegated is qualified to perform that function.

(3) The division may review inspection and installation activities as necessary to determine compliance and may assess an hourly review fee as appropriate.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.565
Statutes/Other Implemented: ORS 480.565
BCD 6-2003, f. 3-14-03, cert. ef. 7-1-03

Or. Admin. R. 918-225-0565 Reporting of Immediate Hazards to Health or Safety

Deputy and special inspectors shall report immediate hazards to health or safety concerning boilers or pressure vessels to the chief inspector immediately by telephone and also that a notice of defective condition was issued and that the hazardous operations were stopped.

History

Statutory/Other Authority: ORS 480.545
Statutes/Other Implemented: ORS 480.545
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98, renumbered from 918-225-0800
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0155
BCA 4-1988, f. & cert. ef. 2-22-88, Renumbered from 814-025-0070
DC 11-1985, f. & cert. ef. 5-22-85 DC 17-1972, f. 7-31-72, cert. ef. 8-15-72

Or. Admin. R. 918-225-0570 Boiler and Pressure Vessel Inspection Schedules

Unless the division grants special permission, all inspectors must comply with the following inspection schedule:

(1) Power boilers must be inspected, at minimum:

(a) Internally — every year, when physical construction of the boiler allows; and

(b) Externally — every year, while under pressure.

(2) Cast iron boilers must be inspected externally — every two years, while under pressure.

(3) Low pressure steam boilers must be inspected, at minimum:

(a) Internally — every two years, when physical construction of the boiler allows; and

(b) Externally — every two years, while under pressure.

(4) Hot water heating and hot water supply boilers must be inspected:

(a) Internally — every six years, when physical construction of the boiler allows; and

(b) Externally — every two years, while under pressure.

(5) Pressure vessels containing anhydrous ammonia intended for use as fertilizer must be inspected, at minimum, externally every three years.

(6) Fixed pressure vessels, containing only air, not located at a place of public assembly, not exceeding 20 cubic feet in volume, and operated at gauge pressures of not more than 200 pounds per square inch must be inspected, at minimum:

(a) Internally — every six years, subject to section (13) of this rule; and

(b) Externally — every six years.

(7) Co2 vessels and hydro-pneumatic pressure vessels, used for beverage service, not exceeding 20 cubic feet in volume, and operated at gauge pressures of not more than 300 pounds per square inch must be inspected, at minimum:

(a) Internally — every six years, subject to section (13) of this rule; and

(b) Externally every six years.

(8) Pressure vessels, not classified in sections (5), (6), and (7) of this rule, and subject to internal corrosion or erosion must be inspected, at minimum:

(a) Internally — every two years, subject to section (13) of this rule; and

(b) Externally — every two years.

(9) Unfired pressure vessels, not classified in sections (5), (6), (7), (10) and (11) of this rule, and not subject to internal corrosion must be inspected, at minimum, externally — every four years.

(10) Unfired pressure vessels not subject to internal corrosion but containing a substance which, if it were to leak, might cause serious irreversible harm to a person must be inspected, at minimum:

(a) Internally — every two years, subject to section (13)of this rule; and

(b) Externally — every two years.

(c) A substance “might cause serious irreversible harm” if the substance’s Material Safety Data Sheet describes serious health or physical risks caused by short-term exposure to the substance.

(11) Unfired pressure vessels not subject to internal corrosion that are located at a place of public assembly and are not classified in section (8) of this rule must be inspected, at minimum:

(a) Internally — every two years, subject to section (13) of this rule; and

(b) Externally — every two years.

(12) Pressure piping systems containing refrigerants, steam, or pressurized condensate: Inspection during fabrication, installation, repair, or alteration for verification of compliance with material, welding, brazing, and structural support requirements. The inspector may require other tests to verify quality of weldments. This rule does not apply to welded repair of pressure piping under OAR 918-225-0720.

(13) The inspector may waive an internal inspection, under section (6), (7), (8), (10) or (11) of this rule if the inspector believes from alternate inspection methods an internal inspection is not necessary to verify the safe condition of the vessel.

(14) An inspector may require additional internal or external inspections, or tests, other than those required in this rule, if the inspector has reason to believe that the boiler or pressure vessel does not meet minimum safety standards.

(15) Failure to comply with sections (1) through (14) of this rule may cause inspections to be performed by a deputy inspector per ORS 480.570(6) as directed by the chief inspector.

(16) The inspection schedule established in this rule is summarized in Table 1-B.

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 480.545, 480.550 & 480.560
Statutes/Other Implemented: ORS 480.545, 480.550 & 480.560
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 1-2015, f. 3-23-15, cert. ef. 4-1-15
BCD 31-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 29-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 7-2007, f. 7-13-07, cert. ef. 9-1-07
BCD 15-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 36-2000, f. 12-29-00, cert. ef. 1-1-01
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCD 18-1996, f. & cert. ef. 9-17-96
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0175
BCA 4-1993, f. & cert. ef. 4-5-93
BCA 22-1992(Temp), f. 12-15-92, cert. ef. 1-1-93
BCA 1-1987, f. & cert. ef. 7-1-87, Renumbered from 814-025-0075
DC 12-1980, f. & cert. ef. 9-12-80
DC 17-1972, f. 7-31-72, cert. ef. 8-15-72

Or. Admin. R. 918-225-0590 Inspection Cycle Extension Program

(1) The division shall evaluate written requests from the equipment’s owner or their agent for inspection cycle extensions pursuant to the following criteria:

(a) An extension shall be granted for up to twelve (12) months from the existing inspection date;

(b) Extensions shall only be granted for large-scale steam and hot water boilers normally operated continuously that are critical to the business or organization; and

(2)The division shall incorporate a monitoring system for inspection cycle extensions to ensure compliance with the requirements of this rule.

(3) Extensions must be applied for in writing on a division approved form, and must include:

(a) The specific equipment for which the extension is requested;

(b) The reason for the requested extension;

(d) Written concurrence of the special, deputy, or chief inspector assigned to the equipment; and

(e) Scheduled date of shutdown and internal inspection within twelve (12).

(4) Prior to approval of an inspection cycle extension, an inspection utilizing alternate inspection methods, including but not limited to ultrasonic thickness testing, water chemistry analysis, x-ray inspections, or other similar engineering evaluations, shall be performed to ensure conditions are safe to grant an extension.

(5) Applications for inspection cycle extensions must be received and approved prior to the equipment’s existing inspection date.

History

Statutory/Other Authority: ORS 480.560, ORS 455.030 & ORS 445.110
Statutes/Other Implemented: ORS 480.560 & ORS 445.110
BCD 2-2025, amend filed 03/27/2025, effective 04/01/2025
BCD 8-2022, amend filed 06/30/2022, effective 07/01/2022
BCD 16-2020, adopt filed 08/31/2020, effective 10/01/2020
BCD 15-2020, temporary adopt filed 08/31/2020, effective 08/31/2020 through 09/30/2020

Or. Admin. R. 918-225-0600 Permits

(1) Except as otherwise provided in this rule, an installation permit is required before installing, altering, or repairing a nonexempt boiler or pressure vessel.

(2) Notwithstanding section (1) of this rule:

(a) An installation permit is not required for minor repairs performed under a minor repair permit in accordance with OAR 918-225-0606 to 918-225-0618.

(b) An installation permit is not required for minor repairs or non-welded major repairs to a pressure vessel containing liquefied petroleum gas that is under the jurisdiction of the State Fire Marshal.

(c) If the installation, alteration, or repair will be performed by the owner of the boiler or pressure vessel or an employee of the owner, an installation permit is only required if the boiler or pressure vessel is located in a structure that:

(A) Is classified as an Education Group “E” Occupancy under the Oregon Structural Specialty Code ;

(B) Is classified as an Institutional Group “I-2” Occupancy under the Oregon Structural Specialty Code ; or

(d) Notwithstanding subsection (c) of this rule, an installation permit is not required for a boiler or pressure vessel that is installed, altered, or repaired by its owner or an employee of its owner in a location that is staffed 24 hours a day, seven days a week, by individuals knowledgeable in the operation and maintenance of the boiler or pressure vessel.

(3) An operating permit or a temporary operation authorization is required before placing a nonexempt vessel into operation.

(4) If an inspection is scheduled, and the inspector is at the site but the boiler or pressure vessel is not ready or cannot be accessed, the rescheduled inspection will be at an additional cost. The fee for such inspections is the hourly rate specified in ORS 480.605.

(5) Permits to operate boilers or pressure vessels shall be issued periodically according to vessel type, based on the schedule established by the division in Table 4-B.

(6) Operating and installation permit fees are as shown in OAR 918-225-0620 Table 3-B.

(7)(a) Operating permit fees not received within 90 days of the billing date may be considered delinquent and subject to a late penalty of double the fee amount. It is the equipment owner’s responsibility to maintain a current operating permit. This responsibility includes notifying the division of address and other billing information changes. Late penalties may only be waived under exceptional circumstances.

(b) All waiver requests must be submitted in writing and must clearly state the reason for the request. A waiver may be granted for all or part of the additional fee.

(8) Where an installation permit is required, the equipment owner or, if the work will be performed by a contractor, the contractor, must acquire the installation permit prior to beginning the intended installation, repair, or alteration, and notify the deputy or special inspector who will inspect the work. Work may not begin until the inspector has reviewed and approved the work to be performed.

(a) The installation permit must be posted at the job site before beginning the work; or.

(b) This rule does not change the provisions for emergency permits in ORS 480.630(6). It is recommended, but not required, that emergency permits be reviewed and coordinated with the inspector responsible for inspecting the completed work.

(c) Commissioning of a boiler by a commissioning agent or manufacturer’s representative does not require a separate installation permit.

(9) An installation permit or operating permit issued under this rule is not transferable.

(10) An installation permit automatically expires 18 months from the date of issuance unless the installation, alteration, or repair begins before the end of the 18th month.

(a) The holder of an un-expired installation permit may submit a written request for an unconditional six-month extension of the expiration date. The division may not extend an installation permit more than twice.

(b) An expired installation permit may not be extended or renewed. A new application and fee will be required. The division will not refund the fees for an expired installation permit.

(11) Any person who commences any work on a boiler or pressure vessel before obtaining the necessary permits shall be subject to an investigative fee. The amount of the investigative fee shall be the average or actual additional cost of ensuring that a boiler or pressure vessel is in conformance with the Oregon Boiler and Pressure Vessel Specialty Code and shall be in addition to the required permit fees.

[Publications: Publications referenced are available from the agancy.]

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 480.585, 480.595 & 480.605
Statutes/Other Implemented: ORS 455.058, 480.585, 480.595, 480.605 & 480.630
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 1-2015, f. 3-23-15, cert. ef. 4-1-15
BCD 36-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 31-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 4-2009(Temp), f. & cert. ef. 7-16-09 thru 1-1-10
BCD 14-2007, f. 12-28-07 cert. ef. 1-1-08
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94

Or. Admin. R. 918-225-0606 Issuance and Purchase of Minor Repair Permits

(1) The Building Codes Division will issue minor repair permits in lots of five at a cost of $175 per lot. Each lot of minor repair permits is valid for one year from the date of purchase.

(2) The following persons may purchase minor repair permits:

(a) Contractors holding a verified Construction Contractors Board license and a valid boiler contractor license under ORS 480.630; or

(b) Owners of boilers and pressure vessels and their designated representatives.

(3) Minor repair permits are not transferable.

History

Statutory/Other Authority: ORS 480.595, 455.154 & 455.155
Statutes/Other Implemented: ORS 480.595, 455.154 & 455.155
BCD 1-2015, f. 3-23-15, cert. ef. 4-1-15
BCD 36-2011, f. 12-30-11, cert. ef. 1-1-12

Or. Admin. R. 918-225-0609 Use of Minor Repair Permits

(1) Only those minor repairs described in OAR 918-225-0612 may be performed under a minor repair permit.

(2) A minor repair permit authorizes work on a single boiler or pressure vessel. Multiple minor repairs may be performed under a minor repair permit provided that each minor repair is completed within the five day period that begins when the first minor repair is completed.

(3) All work performed under a minor repair permit must conform to the Oregon Boiler and Pressure Vessel Specialty Code.

(4) An individual performing work under a minor repair permit must:

(a) Hold the appropriate license, if required, under ORS 480.630 and OAR 918-225-0691 for the type of work performed;

(b) Fill out the information required on the minor repair permit; and

(5) Within five business days of work being completed, the purchaser of the minor repair permit is responsible for ensuring that all work that was performed under the minor repair permit is recorded in the manner approved by the division.

[Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.595, 455.154 & 455.155
Statutes/Other Implemented: ORS 480.595, 455.154 & 455.155
BCD 36-2011, f. 12-30-11, cert. ef. 1-1-12

Or. Admin. R. 918-225-0612 Scope of Work Allowed under Minor Repair Permit

(1) Only minor repairs may be performed under a minor repair permit. Minor repairs include, but are not limited to, the non-welded replacement of the following:

(a) Low water cut-off;

(b) Pressure relief valve;

(d) Safety switch;

(e) Rupture disc;

(f) High pressure or temperature limit;

(g) Low pressure or temperature limit;

(h) Fuel train component;

(i) Flame detector;

(j) Flame safeguard;

(k) Heat exchanger element; and

(l) Burner components.

(2) Nothing in this rule prohibits purchasing an installation permit to ensure that a minor repair will be individually inspected.

(3) A minor repair permit is not required for minor repairs made to pressure vessels containing liquefied petroleum gas that are under the jurisdiction of the State Fire Marshal.

History

Statutory/Other Authority: ORS 480.595, 455.154 & 455.155
Statutes/Other Implemented: ORS 480.595, 455.154 & 455.155
BCD 36-2011, f. 12-30-11, cert. ef. 1-1-12

Or. Admin. R. 918-225-0615 Inspection of Minor Repair Permits

(1) The division will randomly inspect at least one permit from each lot of minor repair permits

(2) The division will initially select one minor repair permit from each lot for inspection. If the division determines that the work done under the first permit does not comply with the Oregon Boiler and Pressure Vessel Specialty Code, the division will inspect a second permit from the same lot. If the division determines that the work done under the second permit is also non-compliant, the division will individually inspect all remaining permits from the same lot.

(3) The purchase price for each lot of minor repair permits includes the fee for one inspection. The division will charge for any additional inspections at its hourly inspection rate.

(4) If the division determines that work performed under a minor repair permit did not comply with the Oregon Boiler and Pressure Vessel Specialty Code, the division will require corrections to bring the boiler or pressure vessel into code compliance. Such corrections may not be performed under a minor repair permit. Installation permit and inspection requirements apply.

(5) Work performed under a minor repair permit that is not randomly inspected in accordance with this rule will be inspected during the boiler or pressure vessel’s next regularly scheduled inspection.

History

Statutory/Other Authority: ORS 480.595, 455.154 & 455.155
Statutes/Other Implemented: ORS 480.595, 455.154 & 455.155
BCD 36-2011, f. 12-30-11, cert. ef. 1-1-12

Or. Admin. R. 918-225-0618 Misuse of Minor Repair Permits

(1) An individual performing work under a minor repair permit misuses the minor repair permit if the work performed does not conform to the Oregon Boiler and Pressure Vessel Specialty Code.

(2) The purchaser of a lot of minor repair permits misuses minor repair permits if:

(a) Two or more repairs performed under the lot do not conform to the Oregon Boiler and Pressure Vessel Specialty Code; or

(b) In the case of a purchaser who has purchased and used ten or more lots of minor repair permits, more than 5% of all repairs performed under minor repair permits issued to the purchaser did not conform to the Oregon Boiler and Pressure Vessel Specialty Code.

(3) If the division determines that a person or entity has misused minor repair permits, the division may immediately suspend that person or entity from purchasing, using, or performing work under minor repair permits for not less than one year. In the case of a purchaser, the period of suspension may be extended until all unused minor repair permits have been returned to the division.

(4) Violations of the minor repair permit rules may also be subject to civil penalties and license revocations.

History

Statutory/Other Authority: ORS 480.595, 455.154 & 455.155
Statutes/Other Implemented: ORS 480.595, 455.154 & 455.155
BCD 36-2011, f. 12-30-11, cert. ef. 1-1-12

Or. Admin. R. 918-225-0620 Bulk Rate Permits

(1) Bulk rate permits may be granted if there is a quantity of either six (6) or more boilers or six (6) or more pressure vessels at the same location.

(2) To obtain bulk rate permits, the owner or user must make a written request to the division at least 30 days before the expiration of existing operating permits.

(3) If a bulk rate site requires two or more inspections during an inspection cycle, the division may rescind bulk rate permits and charge the full operating permit fees, as provided in Table 3-B. Inspection cycles are listed in OAR 918-225-0570 Table 1-B.

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 480.600
Statutes/Other Implemented: ORS 480.600
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 31-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0120
DC 17-1982, f. 7-31-72, cert. ef. 8-15-72, Renumbered from 814-025-0050

Or. Admin. R. 918-225-0630 Special Fee for Dryer Permits

The operating permit fee for dryer rolls for a paper machine is $5.50 per roll, if the machine is under the inspection requirements of ORS 480.600(2).

History

Statutory/Other Authority: ORS 480.600
Statutes/Other Implemented: ORS 480.600
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 4-2009(Temp), f. & cert. ef. 7-16-09 thru 1-1-10
BCD 36-2000, f. 12-29-00, cert. ef. 1-1-01
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0125
DC 10-1981, f. & cert. ef. 7-6-81, Renumbered from 814-025-0051

Or. Admin. R. 918-225-0640 Business and Trade License Fees

(1) Licenses required by ORS 480.630 shall be issued by the division to applicants who meet the requirements for the license and apply as established in OAR division 30.

(2) For applications received by the division prior to May 15, 2008 the application fee for a business license shall be $165 and the application fee for a trade license shall be $27.50. Any license issued prior to May 15, 2008 expires on July 1, 2008.

(3) The following fees apply for a three-year license term as established in OAR 918-030-0220:

(a) Boiler business license application and renewal fees — $495

(b) Class 1 and 6 boiler trade license application and renewal fees — $82.50

(A) Application fee — $82.50

(B) Renewal fee — $112.50, which includes a $30 fee to track continuing education under ORS 480.545 and OAR 918-225-0670.

History

Statutory/Other Authority: ORS 455.117, 480.545 & 480.630
Statutes/Other Implemented: ORS 480.630
BCD 17-2007, f. 12-28-07, cert. ef. 1-1-08
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
BCD 36-2000, f. 12-29-00, cert. ef. 1-1-01

Or. Admin. R. 918-225-0650 Practical Experience Requirement

Inspectors shall have at least the following practical experience in activities listed by ORS 480.565(1):

(1) Chief Inspector, ten years experience;

(2) Deputy or Special Inspector, experience required by the bylaws of the National Board for a commission as a National Board Inspector.

History

Statutory/Other Authority: ORS 480.565
Statutes/Other Implemented: ORS 480.565
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94

Or. Admin. R. 918-225-0660 Certification of Special Inspectors

(1) An application for special inspector certification shall be filed by an employer described in ORS 480.565(3) using forms provided by the division and submitting the appropriate application fee.

(2) The person to be certified shall meet the experience requirements in OAR 918-225-0650 and shall have passed the National Board of Boiler and Pressure Vessel Inspectors Examination.

(3) An examination covering the Oregon Boiler and Pressure Vessel Law, ORS 480.510 to 480.990 and OAR 918, division 225, the National Board Inspection Code and ASME CSD-1 shall be given by the chief inspector to all special inspector applicants.

(4) Special inspector certifications shall be renewed annually, by paying a renewal fee of $25 prior to January 1 of each year.

(5) When a special inspector leaves the employment of the employer covered by ORS 480.565, the employer shall notify the division and return the special inspector certification.

(6) Process piping inspectors shall be certified pursuant to OAR 918-225-0665.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.030 & 480.545
Statutes/Other Implemented: ORS 480.565
BCD 20-2005, f. 9-15-05, cert. ef. 10-1-05
BCD 17-2005(Temp), f. & cert. ef. 7-12-05 thru 9-30-05
BCD 4-2003, f. & cert. ef. 3-14-03
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0135
DC 33-1974, f. 5-6-74, ef. 5-25-74, Renumbered from 814-025-0065
DC 27-1973(Temp), f. & cert. ef. 12-31-73
DC 17-1972, f. 7-31-72, cert. ef. 8-15-72

Or. Admin. R. 918-225-0665 Certification of Process Piping Inspectors

(1) Applicants for process piping inspector shall submit an application on division-supplied forms along with a $110 application fee. The applicant shall pass a division-approved examination on the substance and requirements of ASME B31.3, related standards and administrative rules.

(2) Applicants shall demonstrate to the satisfaction of the division not less than 10 years experience in the design, fabrication or inspection of industrial process piping. Each 20 percent of satisfactorily completed work toward an engineering degree recognized by the Accreditation Board for Engineering and Technology shall be considered equivalent to one year of experience, up to five years total.

(3) The board may consider other experience and education to determine if the experience is equivalent to the requirements in this rule.

(4) Process piping inspector certificate of competency shall be renewed annually. The annual renewal fee shall be $27.50.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.545, 480.565, 480.605, 480.607 & 480.647
Statutes/Other Implemented: ORS 480.545, 480.565, 480.605, 480.607 & 480.647
BCD 4-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 918-225-0670 Fees for Inspector Examination, Certification and Renewal

(1) Fee for each National Board examination, $165.

(2) Fee for Certificate of Competency Examination, $110.

(3) Fee for annual renewal of Certificate of Competency, $27.50.

(4) Fee to administer continuing education program to be added to the cost of annual renewals of certified individuals, $10.

(5) Fee to prepare and provide continuing education programs, $66 per hour or part thereof.

History

Statutory/Other Authority: ORS 480.605
Statutes/Other Implemented: ORS 480.605
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 2-2003, f. & cert. ef. 2-3-03
BCD 36-2000, f. 12-29-00, cert. ef. 1-1-01
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0040
BCA 5-1991, f. & cert. ef. 3-15-91
DC 33-1974, f. 5-6-74, cert. ef. 5-25-74, Renumbered from 814-025-0016
DC 27-1973(Temp), f. & cert. ef. 12-31-73

Or. Admin. R. 918-225-0691 Boiler, Pressure Vessel and Pressure Piping Installation, Alteration or Repair Licensing Requirements

Persons installing, altering or repairing boilers and pressure vessels shall be licensed under these rules and may only work within the scope of their license.

(1) Persons desiring to obtain certification under these rules shall:

(a) Meet the qualifications for that license; and

(b) Apply as established by the division in OAR division 30.

(2) Definitions. For the purpose of this rule:

(a) "Direct Supervision" means the person supervised is in the physical presence of a qualified licensed person at the job site and the person doing the supervision is directly assigned to monitor and direct the activities of the person supervised. Direct supervision must be on a ratio of one qualified licensed person to one trainee/helper.

(b) "Qualified Licensed Person" means a person who holds a Class 2, 3, 4, 5, 5-A or 5-B certification and is authorized to do the work involved without supervision.

(c) "Supervision" means the individual person assigned to perform supervision under sections 6, 7 and 10 of this rule is directly and specifically assigned to monitor and direct the activities of the person being supervised. Both the person performing supervision and those being supervised shall be prepared to identify each other.

(3) Class 1 Trainee/Helper License. A person holding this license may install, alter or repair boilers, pressure vessels and pressure piping providing the work is of a mechanical nature only. Work performed shall be under the direct supervision of a qualified licensed person. No ASME Code welding is permitted. There are no minimum qualifications required for applicants to obtain this license.

(4) Class 2 Pressure Vessel Installer License. A person holding this license may install or repair unfired pressure vessels by any non-welded method of attachment.

(a) There are no minimum qualifications required to obtain this license. Applicants shall pass an examination testing the applicant's knowledge of the Boiler and Pressure Vessel Law, ORS 480.510 to 480.665; OAR 918, division 225; and National Boiler Inspection Code Parts 1 and 4.

(b) Persons who install refrigeration process equipment assembled and sold as a modular unit by the manufacturer and who do not attach piping to a pressure vessel during the installation are exempt from this rule. To qualify for this exemption, the attachment shall be made by any method other than fusion welding.

(5) Class 3 Building Service Mechanic License. A person holding this license may install or repair boilers (including boiler and non-boiler external piping) and unfired pressure vessels by a non-welded method of attachment. Applicants shall:

(a) Have at least 2,000 hours of experience installing and repairing boilers verified as established in OAR division 30;

(b) Pass an examination testing the applicant’s knowledge of:

(A) Boiler and Pressure Vessel Laws, ORS 480.510 to 480.665; OAR 918, division 225; National Boiler Inspection Code Parts 1 and 4; the general requirements of the American Society of Mechanical Engineers, CSD-1; and NFPA 85; and

(B) Building Service Systems (Hydronics) for boilers and related appurtenances, American Society of Mechanical Engineers/ASME B31.1 Power Piping and B31.9 Building Service Piping.

(6) Class 4 Boilermaker License. A person holding this license may install, alter or repair boilers and pressure vessels (excluding non-boiler external piping) by welding or other methods of attachment.

(a) Applicants shall:

(A) Have 2,000 hours of experience doing welding and 2,000 hours of experience doing non-welding applications involving boilers or pressure vessels. Experience must be verified as established in OAR division 30; the verification must cover welding and non-welding applications separately; and

(B) Pass an examination testing the applicant's knowledge of Boiler and Pressure Vessel Laws, ORS 480.510 to 480.665; OAR 918, division 225; National Boiler Inspection Code Parts 1, 3, and 4; NFPA 85; and the general requirements of the American Society of Mechanical Engineers, Boiler and Pressure Vessel Code, Sections I, II, IV, V, VIII and IX, CSD-1, B31.1 and B31.9.

(b) Class 4 Boilermakers may also perform the scope of work allowed under section (7) of these rules providing:

(A) Work may only be done under the supervision of a qualified licensed person under section (7) of these rules; and

(B) Prior to any welding, the individual must qualify to supervisor's employer's welding procedures.

(7) Class 5 Pressure Piping Mechanic License.

(a) A person holding this license may:

(A) Fabricate, install, alter and repair pressure piping;

(B) Install boilers and pressure vessels by attachment of piping connections; and

(b) Applicants shall:

(A) Have a minimum of 2,000 hours of experience performing pipe-welding on ASME B31 pressure piping and 2,000 hours of experience performing work on pressure piping and boilers. Experience must be verified as established in OAR division 30; and

(B) Pass an examination testing the applicant's knowledge of:

(i) American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section IX, CSD-1, B31.1, B31.3, B31.5, and B31.9 ;

(ii) National Boiler Inspection Code Parts 1, 3, and 4;

(iii) Boiler and Pressure Vessel Laws, ORS 480.510 to 480.665 and OAR 918, division 225; and

(iv) NFPA 85.

(c) Class 5 Pressure Piping Mechanics may also perform the scope of work allowed under section (6) of these rules providing:

(A) Work may only be done under the supervision of a qualified licensed person under section (6) of these rules; and

(B) Prior to any welding, the individual must qualify to supervisor's employer's welding procedures.

(8) Class 5-A Process Piping Mechanic License. A person holding this license may fabricate, install, alter or repair B31.3 process piping. Applicants shall:

(a) Have a minimum of 2,000 hours of experience performing pipe-welding or brazing on B31.3 process piping and 2,000 hours of experience performing work on pressure piping. Experience must be verified as established in OAR division 30; and

(b) Pass an examination testing the applicant's knowledge of:

(A) American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section IX, and Section B31.3; and

(B) Boiler and Pressure Vessel Laws, ORS 480.510 to 480.665 and OAR 918, division 225.

(9) Class 5-B Refrigeration Piping Mechanic License. A person holding this license may fabricate, install, alter or repair B31.5 refrigeration piping. Applicants shall:

(a) Have a minimum of 2,000 hours of experience performing pipe-welding or brazing on B31.5 refrigeration piping and 2,000 hours of experience performing work on pressure piping. Experience must be verified as established in OAR division 30; and

(b) Pass an examination testing the applicant's knowledge of:

(A) American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section IX, and Section B31.5; and

(B) Boiler and Pressure Vessel Laws, ORS 480.510 to 480.665 and OAR 918, division 225.

(10) Class 6 Welder License. A person holding this license may weld on boilers, pressure vessels or pressure piping while employed by an approved welding employer. Work may only be performed under the supervision of a person certified under sections (6) through (9) of this rule as applicable. More than one welder may be supervised by one appropriately qualified licensed person under this license.

(a) A Class 6 Welder may also perform the scope of work under section (3) of this rule providing the work performed is under the direct supervision of a qualified licensed person under sections (4) through (9) of these rules.

(b) Applicants shall be qualified as a welder in accordance with the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section IX, Part QW. The employer shall attest in writing that the applicant is qualified under that code section and is currently qualified to that employer's welding procedures. This written statement is not transferable to another employer.

History

Statutory/Other Authority: ORS 480.545, 480.630 & 455.117
Statutes/Other Implemented: 455.117 & ORS 480.630
BCD 5-2022, amend filed 06/30/2022, effective 07/01/2022
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 11-2006, f. & cert. ef. 9-5-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
BCD 9-2004, f. 6-21-04, cert. ef. 7-1-04
BCD 3-2004(Temp), f. & cert. ef. 3-8-04 thru 9-3-04
BCD 13-2003, f. 6-26-03, cert. ef. 7-1-03
BCD 7-2003, f. 3-14-03, cert. ef. 7-1-03

Or. Admin. R. 918-225-0700 Responsibility of Boiler Contractors

(1) Persons licensed by the division for the business of installing, repairing or altering boilers, pressure vessels or pressure piping must correct any condition or deficiency resulting from installations, repairs or alterations, which are determined by any deputy, special inspector or process piping inspector to be a violation of the minimum safety standards of the Oregon Boiler and Pressure Vessel Specialty Code.

(2) Contractors must prepare and submit any documentation required by construction codes, repair and alteration standards or the authority having jurisdiction.

(3) Boiler contractors are directly responsible for assuring that all persons they employ have correct certification and are properly supervised in the installation, repair or alteration of boilers, pressure vessels or pressure piping systems. Supervisors of persons holding a Class 1 or Class 6 certification must meet the requirements of OAR 918-225-0691.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.545
Statutes/Other Implemented: ORS 480.545
BCD 4-2007, f. 3-30-07, cert. ef. 4-1-07
BCD 6-2003, f. 3-14-03, cert. ef. 7-1-03
BCD 36-2000, f. 12-29-00, cert. ef. 1-1-01

Or. Admin. R. 918-225-0720 Welding Requirements for Owner-Users

(1) An owner-user may use its own employees to repair or install boilers, pressure vessels or pressure piping, provided it develops, certifies and maintains a welding program meeting the requirements of the Boiler Specialty Code (ASME Section IX, Part QW).

(2) The owner-user's welding program shall be reviewed for conformance with welding program requirements by the authorized inspector performing welding inspections.

(3) The owner-user is responsible for the use of proper materials when doing code repairs.

(4) Prior to welding on code materials, the owner-user shall notify a deputy, special inspector or process piping inspector who will review the proposed work and who will inspect the work when it is completed.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.545 & 480.647
Statutes/Other Implemented: ORS 480.545 & 480.647
BCD 6-2003, f. 3-14-03, cert. ef. 7-1-03
BCD 36-2000, f. 12-29-00, cert. ef. 1-1-01
BCD 16-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94

Or. Admin. R. 918-225-0730 Requirements for Businesses Doing Welding or Brazing

All persons in the business of installing, altering or repairing boilers, pressure vessels, or pressure piping shall develop and maintain a quality control system before doing welding or brazing:

(1) Boilers and pressure vessels. For welding on a boiler, boiler external piping as defined by ORS 480.515 and pressure vessels, the person shall develop and maintain a quality control system under the "R" Stamp requirements of the National Board Inspection Code.

(2) Pressure piping. For welding or brazing on pressure piping, the person shall develop and maintain a quality control system under either Section (1) of this rule or under OAR 918-225-0740.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.545 & 480.647
Statutes/Other Implemented: ORS 480.545 & 480.647
BCD 35-2000, f. 12-29-00, cert. ef. 7-1-01
BCD 16-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0195
BCA 30-1991, f. & cert. ef. 9-9-91
BCA 24-1991(Temp), f. 7-3-91, cert. ef. 7-1-91
BCA 6-1990, f. & cert. cert. ef. 3-13-90

Or. Admin. R. 918-225-0740 Quality Control System for Pressure Piping; Oregon "O" Certificate of Authorization

(1) This rule contains procedures for persons to develop and qualify a quality control system for welding or brazing on pressure piping other than boiler external piping.

(2) An application for approval of a quality control system shall include one copy of a proposed quality control manual. The manual shall include the elements described by the Building Codes Division Sample Quality Control Manual provided to the applicant as a guide. A Quality Control Manual will be reviewed and the applicant billed at board-established shop inspection rates.

(3) If welding, brazing, mechanical or chemical assembly will occur on Category M fluid service process piping, the quality control manual shall include processes and procedures demonstrating compliance with ASME B31.3. The registered business or owner-user shall ensure that the process piping inspector provides and updates a list of persons to whom the inspector has delegated responsibility under OAR 918-225-0562.

(4) After acceptance of the proposed quality control system, the applicant must demonstrate practical application of the system and the proficiency of the persons doing welding or brazing. The applicant shall provide the facilities, equipment and materials for the demonstration.

(5) The Certificate of Authorization issued to a successful applicant expires three years from date of issue. The same procedures for qualifying shall be followed for renewal. Copies of the manual do not need to be resubmitted if the only change is the effective date.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.647
Statutes/Other Implemented: ORS 480.647
BCD 6-2003, f. 3-14-03, cert. ef. 7-1-03
BCD 13-2002, f. 6-28-02, cert. ef. 7-1-02
BCD 35-2000, f. 12-29-00, cert. ef. 7-1-01
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0196
BCA 30-1991, f. & cert. ef. 9-9-91
BCA 24-1991(Temp), f. 7-3-91, cert. ef. 7-1-91

Or. Admin. R. 918-225-0745 Contractor Registration

(1) All persons in the business of assembling or repairing pressure relief valves shall adopt a quality control system under the “VR” Symbol Stamp of the National Board.

(2) All persons in the business of testing and making only minor adjustments to pressure relief valves shall adopt a quality control system under the “T/O” Symbol Stamp of the National Board.

(3) An owner-user may use its own employees to repair pressure relief valves for its own use, provided it adopts a quality control system under the “VR” Symbol Stamp of the National Board.

(4) An owner-user may use its own employees to test and make minor adjustments only to pressure relief valves for its own use, provided it adopts a quality control system under the “T/O” Symbol Stamp of the National Board.

History

Statutory/Other Authority: ORS 480.545 & ORS 455.020
Statutes/Other Implemented: ORS 480.545
BCD 8-2021, amend filed 08/24/2021, effective 10/01/2021
BCD 18-1997, f. 12-3-97, cert. ef. 1-1-98

Or. Admin. R. 918-225-0780 Filing of Insurance Notices

Insurance companies shall notify the Division within 30 days of providing insurance, cancellation or suspension of insurance or non-renewal of insurance regarding boilers or pressure vessels. This notice shall be on a Division-approved form and shall use Oregon State Numbers to designate the boilers or pressure vessels involved.

History

Statutory/Other Authority: ORS 480.545
Statutes/Other Implemented: ORS 480.545
BCA 36-1993, f. 12-30-93, cert. ef. 1-1-94, Renumbered from 918-225-0140
DC 92-1977, f. & cert. ef. 7-19-77, Renumbered from 814-025-0066

Division 251 ELECTRICAL AND ELEVATOR ADMINISTRATION AND DEFINITIONS

Or. Admin. R. 918-251-0090 Board-Created Definitions

For purposes of OAR chapter 918, divisions 251 through 311, unless otherwise specified, the following apply:

(1) "Appliance" as applied to the limited maintenance specialty contractor license established by ORS 479.630, means any built-in or permanently-connected electrical utilization equipment, not including lighting fixtures, other than industrial, that is installed or connected as a unit to perform one or more functions such as clothes washing, air conditioning, food mixing, deep frying, etc.

(2) "Approved" when referring to electrical product certification means approved in Oregon or for Oregon by the Electrical and Elevator Board.

(3) "Balance of system" as it relates to renewable electrical energy systems are those products, equipment, and systems for the conversion, control and storage of electrical energy.

(4) "Board" means Electrical and Elevator Board.

(5) "Building" means a structure that stands alone or that is isolated from adjoining structures by area separation walls as identified in Chapter 7 of the Oregon Structural Specialty Code adopted in OAR chapter 918, division 460, with all openings therein protected by approved fire doors as required.

(6) "Certification Mark" is identification on an electrical product indicating that the product has been certified under ORS 479.760.

(7) "Certified Electrical Product" is an electrical product certified under ORS 479.760 to which a label or other identifying mark.

(8) "Continuously Employ" means a person, including a person leased from a worker leasing company licensed under ORS 656.850, during time periods when electrical work for which they are responsible is performed, devotes their entire time of employment to tasks of supervising, designing, laying out, planning, controlling, and making electrical installations for the electrical contractor for which the supervisor is registered as signing supervisor.

(9) "Custom Made" means electrical products that are designed for a specific purpose and location.

(10) "Document" means prepare records itemizing what was checked, why it was checked, when it was done, how it was checked, what was determined, and who did the work.

(11) "Electrical Specialty Code" means the National Electrical Code with Oregon amendments.

(12) "Electrical Specialty Code Inspector," formerly referred to as "A-Level Electrical Inspector," is a person certified to inspect under the Oregon Electrical Specialty Code.

(13) "Energy generation," as it relates to renewable electrical energy generation equipment, are those products, equipment, and systems in renewable electrical energy systems that produce or convert electrical energy.

(14) "Engineer" is an individual who has completed a minimum four-year degree program in electrical engineering or electrical technology with power specialty, from an accredited college or university and has received a Bachelor of Science degree.

(15) "Field Evaluation" means the evaluation of electrical products by an approved field evaluation firm.

(16) "Indorsement" is a designation within the restricted energy electrical area showing qualifications and training regarding a product area. It determines the scope of restricted energy electrical activity authorized under a restricted energy electrical license.

(17) "Industrial Electronic Equipment" means a device, appliance, motor, or machine regulated, operated, or controlled through fiber optics or by a combination of electron tubes, capacitors, resistors, impedance transformer, and relays; the control circuit, and/or the power circuits having electrons flowing through a vacuum, metallic vapor, gas tubes, or transistors as used in an industrial plant.

(18) "Industrial Plant", for purposes of licensing and electrical master permit inspection program, means an establishment engaged in industrial production, or service, or a school, hospital, sewer plant, water plant, commercial office building, building occupied by the state or a local government entity, or an institution. For purposes of the elevator program, "industrial plant" does not include a school, hospital, commercial office building, building occupied by the state or a local government entity, or an institution where the elevators are accessible to and used by persons other than the employees of that building.

(19) "Installation" includes external and field wiring, service contracts or warranties by the seller or manufacturer concerning the longevity of the equipment or parts after the original installation. It does not include "start-up" activities where new equipment is placed in service, and that type of work related to delivering and setting in place a piece of machinery.

(20) "Inverter", as it relates to renewable electrical energy generation equipment, is a product, equipment or system that converts direct current into alternating current.

(21) "Jurisdictional Inspector" is a state or municipal inspector having inspection responsibility within their jurisdiction over electrical products or their installation, or both.

(22) "Labeled" means a label, symbol or other identifying mark of a Nationally Recognized Testing Laboratory (NRTL), field evaluation firm or the division that is attached to an electrical product indicating the product is manufactured according to approved standards and tested or evaluated for specific end uses or both.

(23) "Lighting Fixture" is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamp to the power supply.

(24) "Limited Energy System" means those systems that include Class 1, Class 2 or Class 3 systems as defined by Section 725.2 of NFPA 70 (National Electrical Code) and audio systems, communication systems and power-limited fire alarm systems, covered in the Oregon Electrical Specialty Code.

(25) "Listed Product" means a product was examined and accepted by a Nationally Recognized Testing Laboratory (NRTL) to meet a particular product standard and]is maintained on a list of the listing laboratory.

(26) "Maintain" means to preserve electrical equipment in a good sound condition.

(27) "Maintenance" Compare with repair, replacement, and maintain for definition.

(28) "Minimum Electrical Installation Safety Code" means the adopted Oregon Electrical Specialty Code.

(29) "Nationally Recognized Testing Laboratory (NRTL)" means a laboratory recognized by the Federal Occupational Safety and Health Administration (OSHA) under 29 CFR 1910.7.

(30) "NEMA" means the National Electrical Manufacturers Association.

(31) "Off grid system" is a stand-alone system, connected to a structure, whose electrical systems are not connected to a utility-supplied electrical production and distribution network.

(32) "On grid system" is an electrical power system connected to a structure whose electrical systems are also connected to a utility-supplied electrical production and distribution network.

(33) "Plug-in Replacement" is a part, component or assembly designed to be inserted directly into a mating receptacle or socket such as printed circuit boards, control relays, control harnesses or other equipment connected by a cord or cable and plug assembly. A plug-in replacement does not have any field wiring that is connected to the plug-in part or assembly.

(34) "Power Circuitry" means that portion of the system, other than control, that provides electrical power to utilization equipment.

(35) "Registered Professional Electrical Engineer" is an individual licensed by the State of Oregon Board of Engineering Examiners as a professional electrical engineer under OAR chapter 820, division 10.

(36) "Renewable Electrical Energy System" as it relates to electrical energy generation, is the total components and subsystems that, in combination, convert wind energy, solar energy, micro-hydroelectricity, photovoltaic energy or fuel cell energy into electrical energy suitable for connection to a utilization load.

(37) "Repair" means to restore worn or damaged parts to a good, sound condition by means other than replacement.

(38) "Replacement" means substitution of complete units of damaged or worn equipment with similar new or used equipment of a size and rating that does not exceed the design capacity of the existing product.

(39) "Signing Supervising Electrician" or "Signing Supervisor" is a licensed supervising electrician who has been authorized by the electrical contractor to sign permits.

(40) "Similar Equipment," as applied to the limited maintenance specialty contractor license established by ORS 479.630(12), means components of light fixtures other than ballasts.

(41) "Special Deputy" means a person certified by the board or Chief Electrical Inspector to perform special deputy inspections allowed under ORS 479.760.

(42) "Stand-alone system" is a renewable electrical energy system that supplies power independently of an electrical production and distribution network.

(43) "Up to the load side of the inverter", as it relates to electrical energy generation equipment, is the renewable electrical energy system equipment up to the alternating current connection terminals of the inverter.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.630
Statutes/Other Implemented: ORS 479.730
BCD 12-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 21-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 4-2011, f. & cert. ef. 3-11-11
BCD 5-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 3-2007, f. 3-30-07, cert. ef. 4-1-07
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 15-2003, f. & cert. ef. 10-1-03
BCD 12-2003(Temp), f. & cert. ef. 6-24-03 thru 10-31-03
BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03
BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02
BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03
BCD 9-2002, f. 3-29-02, cert. ef. 4-1-02
BCD 23-2001(Temp), f. 12-28-01, cert. ef. 1-1-02 thru 6-29-02
BCD 5-2001, f. 6-7-01, cert. ef. 7-1-01
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-2000
BCD 4-1999, f. & cert. ef. 4-1-99
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0005
BCA 44-1991, f. & cert. ef. 12-26-91
DC 10-1982, f. & cert. ef. 3-1-82, Renumbered from 814-022-0105
DC 12-1981, f. 9-29-81, cert. ef. 10-1-81
DC 10-1972, f. 4-13-72, cert. ef. 5-1-72

Division 261 ELECTRICAL EXEMPTIONS

Or. Admin. R. 918-261-0000 Partial Board Exemption for Medical Diagnostic Imaging and Therapy Equipment

(1) An exemption from electrical licensing of ORS 479.620 is created under ORS 479.540 for certain persons installing or working on designated medical equipment under this rule.

(a) Only the following medical equipment can be involved: General X-ray systems, vascular systems, computer tomography scanners (CT), magnetic resonance imaging systems (MRI), nuclear medicine systems, positron emission tomography scanners (PET), radiation therapy systems, image-guided therapy systems, dental radiographic, panographic systems, film processors and newly developed imaging or therapy equipment approved by order of the board;

(b) Only the following electrical installations are allowed: Assembly, interconnection, equipment modification and retrofit, calibrations, testing, maintenance and trouble shooting;

(c) Only electrical licensing is exempted. A permit pursuant to ORS 479.550 and inspection are required, and the installation shall comply with the Electrical Specialty Code; and

(d) The persons performing the work must meet the requirements of section (3) of this rule.

(2) An exemption from the permit requirements of ORS 479.550 and licensing requirements of 479.620 is created under 479.540, for repair, maintenance, parts replacement, calibration, testing and trouble shooting involving assemblies and components of the equipment described in subsection (1)(a) of this rule on the load side of the power source.

(a) Only the following are exempted: Super conducting magnet, gantry, patient tables, computer cabinets, system cabinets, operator consoles, display consoles, x-ray generators, x-ray tubes, collimators, hanger assemblies, filming devices, transducers, detector assemblies, modulator, wave guides, accelerating tube, radiation head, water cooling systems, portable systems, and all sublevel assemblies and components;

(b) The person doing the work must meet the qualifications of section (3) of this rule;

(d) Different exempt components shall not be combined to exempt a complete system under section (2) of this rule.

(3) Only qualified personnel are authorized to make the electrical installations in sections (1) and (2) of this rule. The installation is exempt if the person making the installation is:

(a) An employee or agent of a manufacturer, with training in installation, warranty work and maintenance involving the specific product of the manufacturer;

(b) A contractor or employee of a contractor, if the contractor is a business entity other than a sole proprietor, who has training by the manufacturer or a nationally recognized training facility to perform the specific work on the specific type product of the manufacturer; or

(c) An employee or agent of a health care facility which owns or leases the medical equipment with training by the manufacturer or a nationally recognized training facility to perform the specific work on the specific type product of the manufacturer.

(4) Procedure for proving exemptions.

(a) The exemption is self-executing. A person claiming the exemption has the burden of proof to show, upon request by an electrical inspector or compliance person, that the person meets the relevant requirements of section (3) of this rule; and

(b) A certificate from the manufacturer or equivalent training facility showing the name of the person, scope of training, including the work in question, and identifying the particular equipment or types of equipment, date of issuance, period for certification and any limitations on the certification, shall meet the requirements of this section.

(5) Revocation of Exemption. In addition to civil penalties for violations, the board may revoke partially or completely the right to use this exemption up to one year for a first violation of subsection (2)(d) of this rule, and up to five years for a second violation or subsequent violations.

(6) Prohibited Installations. The following installations are not exempt under sections (1) or (2) of this rule and shall only be made by qualified licensed electrical personnel:

(a) All work on electrical distribution systems within the constructed facility housing the equipment. This includes installation of electrical supply to the primary supply connection of the medical equipment; and

(b) Installation of electrical raceways and conduits interconnecting major components of the medical systems.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.540
Statutes/Other Implemented: ORS 479.540
BCD 19-1995, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-330-0125
BCD 13-1994, f. 4-29-94, cert. ef. 5-2-94

Or. Admin. R. 918-261-0015 Board Exemption from Engineering Requirements for Design of Fire Protection Systems

(1) As used in this rule:

(a) “Fire protection system” has the meaning given that term in OAR 918-305-0110.

(b) “Customer” means a person who purchases the design and the service of having the electrical portion of a fire protection system installed.

(2) A general supervising electrician, general journeyman electrician, or class “A” limited energy technician licensee who is employed by a licensed electrical contractor and acting both within the scope of the licensee’s license and as a signing supervisor:

(a) May design, plan, and lay out the electrical portion of a fire protection system for the licensed electrical contractor’s customers and for an electrical contractor who purchases the design and the parts or equipment for the electrical portion of a fire protection system and installs all or part of the system.

(b) Is not subject to any requirements for an additional license, permit, certificate, or registration when designing, planning, or laying out the electrical portions of a fire protection system as authorized by this rule.

(3) The electrical design documents for a fire protection system that are prepared by a general supervising electrician, general journeyman electrician, or class “A” limited energy technician licensee under subsection (2) of this rule are exempt from ORS 671.025 and do not require the stamp of an Oregon registered architect or professional engineer.

(4) For the purposes of ORS 479.860(2), and the exemption created in subsection (2) of this rule, the electrical portion of any fire protection system is considered a noncomplex electrical installation.

History

Statutory/Other Authority: ORS 479.860
Statutes/Other Implemented: ORS 479.860
BCD 35-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 14-2008(Temp), f. & cert. ef. 7-25-08 thru 1-21-09

Or. Admin. R. 918-261-0020 Board Exemption for HVAC/R Electrical Components

(1) Definitions. For the purposes of this rule, a "component" is an electrical part installed inside, or as part of, an appliance where the part is approved by and meets the design specifications of the manufacturer of the appliance. An appliance is not a "component."

(2) An exemption from permits and listing requirements is created under ORS 479.540 for the following components repaired, maintained or replaced by a licensed general electrical contractor with a supervising electrician, properly licensed personnel or a limited maintenance specialty contractor HVAC/R:

(a) Electrical motor;

(b) Compressor;

(d) Relay;

(e) Wiring;

(f) Ignition transformer;

(g) Low voltage transformer;

(h) Fan or motor control;

(i) Sequencer;

(j) Pressure switch;

(k) Limit switch;

(l) Air switch;

(m) Air cleaner;

(n) Humidifier;

(o) Reversing valve;

(p) Timer;

(q) Defrost heater;

(r) Stack switch;

(s) Gas valves;

(t) An external thermostat operating at less than 100 va;

(u) Electric water heating element; and

(v) Other control devices within the appliance in residential, commercial or industrial service.

(3) An exemption from permits and listing requirements is created under ORS 479.540 for the following components repaired, maintained or replaced by a limited maintenance specialty contractor:

(a) Electrical motor;

(b) Compressor;

(d) Relay;

(e) Wiring;

(f) Ignition transformer;

(g) Low voltage transformer;

(h) Fan or motor control;

(i) Sequencer;

(j) Pressure switch;

(k) Limit switch;

(l) Air switch;

(m) Air cleaner;

(n) Humidifier;

(o) Reversing valve;

(p) Timer;

(q) Defrost heater;

(r) Stack switch;

(s) Gas valves;

(t) Electric water heating element; and

(u) Other control devices within the appliance only of the size and type typically located in a one- or two-family residence.

History

Statutory/Other Authority: ORS 479.540(l), 479.550 & 479.730(5)
Statutes/Other Implemented: ORS 479.540
BCD 15-2003, f. & cert. ef. 10-1-03
BCD 12-2003(Temp), f. & cert. ef. 6-24-03 thru 10-31-03
BCD 14-1999, f. & cert. ef. 10-1-99
BCD 4-1999, f. & cert. ef. 4-1-99
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-330-0130
BCA 17-1992, f. & cert. ef. 9-1-92
BCA 8-1992(Temp), f. 4-29-92, cert. ef. 7-1-92

Or. Admin. R. 918-261-0025 Board Exemption for Limited Energy Underground Signaling Circuits

(1) A license and permit is not required to install limited energy underground signaling circuits or loops defined in this rule. Unlicensed individuals are allowed to install underground signaling circuits or loops, and cover these circuits or loops without a permit or inspection.

(2) For purposes of this rule “underground signaling circuits or loops” means Class 2 circuits defined in Article 725 of the Electrical Specialty Code intended for use as traffic signal devices, gate controllers, weigh stations, counters or other similar devices.

(3) A license and permit is required to splice, connect, or extend the signaling circuits, loops, or loop conductor, or to connect to any of the following:

(a) Controller;

(b) Control devices;

(d) Conduit outside the roadway surface.

History

Statutory/Other Authority: ORS 479.740
Statutes/Other Implemented: ORS 479.540
BCD 27-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 918-261-0030 Board Exemption and Interpretation Regarding Overhead and Underground Electrical Power Lines and Equipment

(1) Licensing exemption for municipality owned or operated powerlines for transmission or distribution of electricity to the point of service. An exemption is created from the requirements of the Electrical Specialty Code, for permits, compliance inspections, licenses or product certification for overhead and underground electrical power lines for transmission or distribution of electricity to the point of service and related equipment owned or operated by a municipality.

(2) Interpretation regarding privately owned power lines. Overhead or underground electrical power lines and equipment owned or operated by a private party that is not a utility or municipality, and utilities who contract to manage private systems are regulated by the Electrical Specialty Code. This means the division and municipalities shall require permit and inspection, Electrical Specialty Code compliance, and electrical contractor licensing. The licensing exemption for qualified personnel working for the electrical contractor principally engaged in the business of installing and maintaining these systems is in ORS 479.540. Product certification is required for products used in a system that generates and distributes electricity unless the following conditions are satisfied:

(a) The system is designed and stamped by an Oregon-licensed professional electrical engineer;

(b) The system meets NESC standards;

(c) All plan reviews, design specifications, permits and inspections are reviewed and approved by the authority having jurisdiction;

(d) The owner and the operator meet the Federal Energy Regulatory Commission definition of a "wholesale generator";

(e) The system is connected to a utility grid and that connection is for the sole purpose of generating and selling electrical power;

(f) The individual turbines are 25 kW or larger and the system is 10 megawatts or larger; and

(g) All generation and distribution systems undergo startup and commissioning by qualified personnel prior to being placed in operation.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.540
Statutes/Other Implemented: ORS 479.540
BCD 7-2002, f. 3-29-02, cert. ef. 4-1-02
BCD 21-2001(Temp), f. & cert. 12-21-01 thru 6-18-02
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-261-0031 Board Exemptions for Industrial Electrical Equipment

Industrial electrical equipment designed for and used directly in the production of a product; which due to the equipment design or use requires specialized and specific training in the process, function, design, modification, repair, or maintenance of the equipment is exempt from permits specifically for repair, modification or maintenance. Individuals performing work under this rule are also exempt from licensing.

History

Statutory/Other Authority: ORS 479.540
Statutes/Other Implemented: ORS 479.540
BCD 13-2005, f. 6-20-05, cert. ef. 7-1-05

Or. Admin. R. 918-261-0034 Product Certification Partial Board Exemption

(1) A partial exemption from electrical product certification is created under ORS 479.540 for distribution equipment operating at over 600 volts only when:

(a) The product is used in an emergency repair or installation as defined in section (4); and

(b) The installer provides the local jurisdiction with written evidence that the equipment meets the appropriate standards within 72 hours of installation.

(2) The exemption is restricted to repairs or installations that include the following:

(a) Cable and associated fittings that meet the standards of the serving utility; or

(b) Pad-mounted switch gear that meets ANSI IEEE C37.73-1998 or C37.74-2003, or the equivalent and appropriate standard in effect at the time the product was manufactured.

(3) A jurisdiction may require product certification or take other appropriate steps if any of the circumstances in section (1) and (2) do not exist.

(4) For the purposes of this rule, emergency repair or installation means an acute, unplanned and immediate need for electrical repair or replacement involving an existing electrical installation or electrical product.

History

Statutory/Other Authority: 479.540
Statutes/Other Implemented: 479.540
BCD 18-2006, f. 12-29-06, cert. ef. 1-1-07

Or. Admin. R. 918-261-0036 Board Exemption for Transformers

An exemption from certification is created under ORS 479.540 for transformers over 600 volts that are built to or conform with:

(1) IEEE C57.12.00 standards; or

(2) Standards used by a public utility as defined in ORS 757.005.

History

Statutory/Other Authority: ORS 479.540
Statutes/Other Implemented: ORS 479.540
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04

Or. Admin. R. 918-261-0037 Board Exemption for Traffic Management Systems

An exemption from certification is created under ORS 479.540 for traffic management systems approved by Oregon Department of Transportation (ODOT) and maintained on their qualified products list. This exemption does not apply to message boards nor does it remove the requirements of licensing, permitting and inspection for the installation of these products.

History

Statutory/Other Authority: ORS 479.540
Statutes/Other Implemented: ORS 479.540
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04

Or. Admin. R. 918-261-0038 Board Exemption for Manufactured Construction Services

An exemption from licensing is created under ORS 479.540 for the placement of manufactured construction services of 100 amperes, 240 volts single-phase or less. This exemption applies only to manufactured services used during construction. Repairs or alterations to the manufactured construction service require permit, inspection and appropriately licensed person(s). The word “manufactured” as used in this rule applies to a construction service built by and supplied from an electrical contractor or manufacturer.

History

Statutory/Other Authority: ORS 479.540
Statutes/Other Implemented: ORS 479.540
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04

Or. Admin. R. 918-261-0039 Board Exemption for Products Located on the Load Side of a Listed Class 2 Transformer

(1) An exemption from product certification is granted under ORS 479.540 for installation of Class 2 products, other than wiring, located on the load side of a listed Class 2 transformer. The exemption applies only to products that are not:

(a) In a damp or wet location;

(b) Located in a plenum, duct or other air-handling space;

(d) Part of a protective signaling system.

(2) An exemption from permitting is created for installation of Class 2 wiring located on the load side of a listed garage door controller. The exemption applies only to one- and two-family dwellings when the wiring is not part of the original wiring of the dwelling.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.540
Statutes/Other Implemented: ORS 479.540
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04

Or. Admin. R. 918-261-0040 Interpretation of “Owner” in ORS 479.540(1)

For the purposes of ORS 479.540(1):

(1) The owner of property to which this exemption applies shall be a natural person and not a business entity such as a corporation or partnership.

(2) The members of the owner’s immediate family are defined in section (3). Persons whose only relationship is as an officer, stockholder, partner or employee of a business entity to which the owner is affiliated are not included.

(3) “Immediate family” of an owner includes the owner’s:

(a) Parent;

(b) Step-parent or parent’s domestic partner;

(d) Child and child’s spouse or domestic partner;

(e) Spouse or domestic partner;

(f) Spouse’s or domestic partner’s child and the child’s spouse or domestic partner;

(g) Grandchild; and

(h) Grandparent.

(4) “Immediate family” of an owner does not include the owner’s step-sibling, aunt, uncle, cousin, step-grandchild, or step-grandparent.

(5) “Domestic partner” means a person in a relationship with another person, each of whom:

(a) Is at least 18 years of age and capable of entering into a civil contract or, if 17, has the written consent of a parent or guardian to enter into the domestic partnership;

(b) Is not a first cousin or any nearer kin to the other person, whether of the whole or half blood, and whether by blood or adoption, except for a first cousin by adoption only;

(c) Desires a relationship of marriage under Oregon law and would enter into marriage with the other person, and only with the other person, if Oregon law permitted such a marriage;

(d) Acknowledges and accepts financial obligations to the other person and to third parties similar to the financial obligations that arise by reason of a marriage recognized under Oregon law and has joint financial accounts, and joint financial responsibilities;

(e) Is not married and has no similar commitment and responsibility to any other person; and

(f) Has continuously lived with the other person for six (6) months in an exclusive relationship that each intends to maintain for the rest of their lives.

History

Statutory/Other Authority: ORS 455.117, 479.540, 479.680 & 479.730
Statutes/Other Implemented: ORS 479.540 & 479.680
BCD 3-2007, f. 3-30-07, cert. ef. 4-1-07
BCD 23-2000, f, 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-261-0045 Board Exemption for Battery-Charged Fence Installations

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

(2) A license and permit is not required to install a standalone battery-charged fence. Unlicensed individuals are allowed to install a standalone battery-charged fence without a building or trade permit or inspection. An alarm system permit issued by a local municipality is the only necessary permit for the installation or use of a battery-charged fence.

(3) An electrical branch circuit installed from the premise’s electrical system for gate control or to charge or backup the battery in the controller is required to be installed by licensed electricians and electrical contractors.

(4) A protective signaling circuit installed from the controller to the alarm system requires a class A licensed limited energy technician, or other properly licensed individual for that scope of work, working for a licensed electrical contractor for installation of the low voltage circuit.

History

Statutory/Other Authority: ORS 479.740 & ORS 195.870
Statutes/Other Implemented: ORS 479.540
BCD 2-2026, adopt filed 03/30/2026, effective 04/01/2026

Division 271 ELECTRICAL INSPECTIONS

Or. Admin. R. 918-271-0000 Role of an Electrical Inspector

An electrical inspector shall inspect electrical installations and provide public information on the meaning or application of an electrical code provision, but shall not lay out work or act as a consultant for electrical contractors, property owners or users.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-271-0010 Calls for Inspection

(1) All persons who take out an electrical permit, homeowners as well as electrical contractors, shall request an inspection within three working days of:

(a) The completion of any electrical installation intended to be covered or concealed or that is intended to be placed into service before the final electrical inspection; and

(b) The completion of all electrical installations for the job site covered by a particular permit.

(2) Transactions under a master inspection permit are covered by separate requirements.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-271-0020 Requests for Inspection and Notice of Results

(1) Except as provided in section (2) of this rule, an inspecting jurisdiction, shall inspect within 48 hours of a written request for inspection unless the time for inspection is extended to a set date by mutual agreement. The 48 hours excludes Saturdays, Sundays and holidays.

(2) The inspecting jurisdiction shall inspect an installation at a remote location within a reasonable time of the request.

(a) For the purpose of this section a "remote location" is:

(A) An inspection location that is more than 60 miles one way using the most direct route, measured from the closest of the inspector's station, inspection office or the inspecting jurisdiction's primary offices; or

(B) An inspection location that requires more than one hour of normal driving, one way, using the most direct route from the closest point mentioned in paragraph (A) of this subsection.

(b) For the purposes of this section "within a reasonable time" means a response time that takes into account the time, distance and number of inspection requests, but shall not exceed seven consecutive calendar days including the date the request was received unless the time for inspection is extended to a set date by mutual agreement. If the seventh calendar day falls on a weekend or holiday this is extended to include the next business day.

(3) Reasonable procedures designed to provide actual notice of inspection results shall be used by all inspecting jurisdictions to notify the person requesting inspections, of the results of electrical inspection. "Reasonable procedures designed to provide actual notice" shall include posting at the job site and:

(a) Nothing more, when the installation is by an owner;

(b) Nothing more, when the installation is approved;

(A) Personal delivery to the electrical contractor or signing supervisor;

(B) Written notification by mailing, electronic mail, or fax; or

(d) By written confirmation of inspection approval if a permit holder requests confirmation.

(4) If the inspection mentioned in sections (1) and (2) of this rule involved a cover inspection, the work cannot be covered unless:

(a) Inspection clearance is given; or

(b) The request for inspection is in writing communicated to the inspecting jurisdiction, with notice that a cover inspection is involved, no extensions are agreed to, and the maximum time for making the required inspection under sections (1) and (2) of this rule are exceeded. For the purposes of this subsection:

(A) Written request includes a letter, email, or fax transmittal; and

(B) The burden of proof is on the person requesting the electrical inspection to prove that a written request was communicated.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 14-2022, amend filed 09/29/2022, effective 10/01/2022
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-271-0030 Correction of Defects

(1) Defects in electrical installations noted by the electrical inspector shall be corrected and an inspection request made within 20 calendar days of the date of actual notice of deficiency. For the purpose of this rule, actual notice is given when the inspecting jurisdiction does everything required in OAR 918-271-0020.

(2) If corrections cannot reasonably be made within the specified time in section (1) of this rule, or an interpretation or written appeal has been requested, the permit holder shall contact the inspecting jurisdiction and request an extension of time to a specified date or until deficiency is resolved.

(3) Requests for inspection and requests for extension may be communicated in any way. However, if challenged, the burden of proof is on the requester to document the request was in fact communicated. Responses may also be communicated in any way, but if challenged, the burden of proof is on the inspecting jurisdiction.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-271-0040 Mandatory Inspection Practices

(1) Electrical inspectors shall inspect and verify the appropriateness of the size, placement, protection and termination of the following electrical installations. Inspectors shall note discrepancies and require correction of code violations pursuant to OAR 918-098-1900. Physical contact is not required to inspect the electrical installations listed below.

(a) Service entrance conductors;

(b) Service equipment;

(d) Bonding;

(e) Overcurrent protection;

(f) Branch circuits;

(g) Feeders; and

(h) Underground installations.

(2) Electrical inspectors shall test ground-fault circuit interrupter devices (GFCI) and arc-fault circuit interrupter devices (AFCI) for functionality. Ground fault protection services (GFP) shall be performance tested in accordance with the Oregon Electrical Specialty Code.

(3) A final inspection shall be requested and provided to verify all mandatory items in sections (1) and (2) of this rule are in compliance.

(4) A final inspection shall be performed by the inspecting jurisdiction as soon as practicable, but not later than five working days following the date on which it is requested. Subject to the approval of the building official, the permit holder may schedule a final inspection prior to completion of the electrical installation in order to allow the permit holder to be present at the time of inspection and facilitate access to energized installations.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 455.160 & 479.855
BCD 10-2015, f. 12-11-15, cert. ef. 1-1-16
BCD 23-2000, f. 9-29-00, cert. ef 10-1-00
BCD 16-1997, f. 9-30-97, cert. ef. 10-1-97
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-302-0020
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-271-0050 Inspection of Secondary Considerations

(1) Electrical installations not specified by OAR 918-271-0040 are secondary items.

(2) At least 30 percent of all secondary items at a job site shall be inspected using a sampling process that reviews all separate categories of secondary items. If code violations are found within the samples inspected, an additional ten percent of the secondary items shall be inspected.

(3) If additional violations are found, the inspector shall:

(a) Require the permit holder to check all other similar categories of installations on the job site;

(b) Advise of the correction of all defects; and

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-302-0030
BCA 21-1993, f. 10-5-93, cert. ef. 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-271-0105 Electrical Disconnection

(1) In the case of a disconnection made or ordered under ORS 479.820(2) or (3) and after setting forth in writing the facts supporting the action, the division may disconnect or cause the disconnection of service, without hearing, to:

(a) An electrical installation or product that fails to comply with minimum safety standards; or

(b) An electrical installation or product, the condition of which constitutes an immediate hazard to life or property.

(2) In the case of a disconnection under section (1) of this rule, if the owner of the installation, or of the property where the installation is located, requests a hearing within 90 days after the date of disconnection, then a hearing shall be granted and the division may issue an order pursuant to such hearing as required by ORS chapter 183 confirming, altering, or dismissing its earlier order.

(3) Such a hearing need not be held where the disconnection or order of disconnect is accompanied by, or is pursuant to, a citation for violation which is subject to judicial determination in any court of this state, and the order by its terms will terminate in case of final judgment in favor of the installation or property owner.

History

Statutory/Other Authority: ORS 479.820
Statutes/Other Implemented: ORS 479.820
BCD 5-2016, f. & cert. ef. 4-1-16

Division 281 CERTIFICATION OF ELECTRICAL INSPECTORS

Or. Admin. R. 918-281-0000 Scope

The rules in OAR 918-281-0000 to 918-281-0020 establish requirements for certification of electrical inspectors. OAR 918-281-0070 provides a certification endorsement for manufactured home electrical inspectors. Rules regarding the scope of work, qualifications, practicum and examinations for electrical inspectors must be approved by the Electrical and Elevator Board.

History

Statutory/Other Authority: ORS 455.720 & 479.810
Statutes/Other Implemented: ORS 455.720 & 479.810
BCD 31-2018, amend filed 12/27/2018, effective 01/01/2019
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0010
DC 7-1983, f. & ef. 3-11-83, Renumbered from 814-022-0108
DC 10-1982, f. & cert. ef. 3-1-82
DC 12-1981, f. 9-29-81, cert. ef. 10-1-81
DC 10-1979, f. & cert. ef. 6-8-79
DC 5-1979(Temp), f. & cert. ef. 3-5-79
DC 1-1979, f. & cert. ef. 1-5-79
DC 102-1977, f. & cert. ef. 11-1-77
DC 74-1976, f. 5-21-76, cert. ef. 8-1-76

Or. Admin. R. 918-281-0003 Electrical Certifications

(1) Notwithstanding OAR 918-098, beginning January 1, 2019, the certifications available for electrical inspectors are:

(a) Residential Electrical Inspector, as outlined in OAR 918-281-0007; and

(b) Electrical Specialty Code Inspector, as outlined in OAR 918-281-0020.

(2) Any electrical certifications issued prior to January 1, 2019, shall remain valid and recognized as long as the certification holder maintains the certification.

(3) A person must possess an Oregon Inspector Certification issued under OAR 918-098-1025 in order to receive a certification under subsection (1).

(4) The process for renewal of electrical certifications is as provided in OAR 918-098-1028.

(5) A person who is enrolled in a division approved training program as of January 1, 2019, is eligible for a certification listed in Section (1) of this rule following the successful completion of the training program.

(6) Limits on Municipalities. Nothing in the rules prohibits a local government from establishing additional requirements in the selection and hiring of electrical inspectors.

(7) Notwithstanding the requirements in OAR 918-281-0000, 918-281-0007 or 918-281-0020, to facilitate the transition from the division to the board, the practicums and examinations for the certifications listed in OAR 918-281-0007 or 918-281-0020, do not require board approval until July 1, 2019.

History

Statutory/Other Authority: ORS 455.720 & 479.810
Statutes/Other Implemented: ORS 455.720 & 479.810
BCD 31-2018, adopt filed 12/27/2018, effective 01/01/2019

Or. Admin. R. 918-281-0007 Residential Electrical Inspector

(1) Notwithstanding 918-098-1215, to qualify to take a board approved exam to become a residential electrical inspector, a person must meet one of the following training or experience requirements:

(a) Be an Oregon general journeyman electrician;

(b) Have two years experience as an Oregon limited residential journeyman electrician;

(c) A certificate of completion from an apprenticeship program meeting the equivalency requirements of OAR 918-282-0170, plus two years experience as a licensed journeyman electrician;

(d) Be a licensed journeyman electrician and have four years experience as a licensed journeyman electrician;

(e) Have six years experience as a certified residential or commercial electrical inspector possessing a nationally recognized certification or its equivalent; or

(f) Successfully complete the division’s board approved residential electrical inspector practicum.

(2) Residential electrical inspectors may conduct inspections for electrical work regulated by the Oregon Residential Specialty Code; and

(a) Electrical work on manufactured dwellings, manufactured structure accessory buildings and structures under the Oregon Manufactured Dwelling Installation Specialty Code;

(b) The provisions of OAR chapter 918, division 500;

(d) Any portion of a solar PV installation up to 25 Kw.

(3) Application for Certification: A person seeking certification under this rule must apply for an Oregon Code Certification as provided in OAR 918-098-1025.

(4) To receive a certification under this rule, the person must successfully pass the board approved examination with a minimum grade of 75 percent.

History

Statutory/Other Authority: ORS 455.720 & 479.810
Statutes/Other Implemented: ORS 455.720 & 479.810
BCD 31-2018, adopt filed 12/27/2018, effective 01/01/2019

Or. Admin. R. 918-281-0010 Continuing Education

Electrical inspectors must obtain continuing education as outlined in OAR 918-098-1450.

History

Statutory/Other Authority: ORS 479.650
Statutes/Other Implemented: ORS 455.720 & 479.680
BCD 15-2008, f. & cert. ef. 9-26-08
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
Reverted to BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-281-0020 Electrical Specialty Code Inspector Certification

(1) Scope: An Electrical Specialty Code inspector:

(a) Inspects electrical installations regulated by the Oregon Electrical Specialty Code;

(b) Inspects electrical installations regulated by the Oregon Residential Specialty Code; and

(2) Qualifications: To qualify for the certification, the individual must meet one of the following training or experience requirements:

(a) Oregon journeyman experience:

(A) Four years of employment and experience as a licensed Oregon general journeyman electrician; or

(B) Two years of employment and experience as a licensed Oregon general journeyman electrician, plus successful completion of the division’s board approved commercial electrical inspector practicum;

(b) Out of state journeyman experience:

(A) A certificate of completion from an apprenticeship program meeting the equivalency requirements of OAR 918-282-0170, plus four years experience as a journeyman electrician working on commercial, industrial, or multi-family structures; or

(B) Be a licensed journeyman electrician, plus eight years experience as a licensed journeyman electrician working on commercial, industrial, or multi-family structures, plus successful completion of the division’s board approved commercial electrical inspector practicum;

(A) 10 years of work experience in the inspection of electrical installations of which at least five years is of commercial, industrial, or multi-family structures as a certified inspector possessing a nationally recognized certification or its equivalent; or

(B) Eight years of work experience in the inspection of electrical installations of which at least four years is of commercial, industrial, or multi-family structures as a certified inspector possessing a nationally recognized certification or its equivalent plus successful completion of the division’s board approved commercial electrical inspector practicum;

(d) Engineer experience:

(A) A four-year Bachelor of Science degree in electrical engineering, plus two years approved experience in design, inspection, or supervision of installations covered by the National Electrical Code or Oregon Electrical Specialty Code; or

(B) Be a certified professional electrical engineer.

(e) Experience and training equivalent to paragraphs (a), (b), (c), or (d) of this subsection as determined by the Electrical and Elevator Board

(3) Electrical inspectors must meet continuing education requirements established by the division under OAR 918-098-1450.

(4) Application for Certification: A person seeking certification under this rule must apply for an Oregon Code Certification as provided in OAR 918-098-1025.

(5) All applicants must pass a board approved examination with a minimum grade of 75 percent covering:

(a) The Oregon Electrical Specialty Code and electrical provisions of the Oregon Residential Specialty Code; and

(b) Electrical theory, design, installation, and materials.

(6) For purposes of this rule, one year of experience equals 2,000 hours.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.720 & 479.870
Statutes/Other Implemented: ORS 455.720 & 479.870
BCD 31-2018, amend filed 12/27/2018, effective 01/01/2019
BCD 10-2010, f. & cert. ef. 7-1-10
BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-281-0070 Certification Extension

Manufactured Home Installation Inspectors. A certified manufactured home installation inspector who is certified in one or more specialty codes may have the inspector’s certification indorsement authorizing inspection of electrical connections between the approved manufactured dwelling and approved service point without payment of additional certification fees if the applicant:

(1) Submits an application for certification indorsement as a manufactured home electrical installation inspector; and

(2) Passes an approved examination covering knowledge of the Electrical Specialty Code and practice applicable to manufactured home installations.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.720 & 479.730
Statutes/Other Implemented: ORS 455.720 & 479.730
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0160
DC 7-1983, f. & cert. ef. 3-11-83, Renumbered from 814-022-0108
DC 10-1982, f. & cert. ef. 3-1-82
DC 12-1981, f. 9-29-81, cert. ef. 10-1-81
DC 10-1979, f. & cert. ef. 6-8-79
DC 5-1979(Temp), f. & ef. 3-5-79
DC 1-1979, f. & cert. ef. 1-5-79
DC 102-1977, f. & cert. ef. 11-1-77
DC 74-1976, f. 5-21-76, cert. ef. 8-1-76

Division 282 ELECTRICAL AND ELEVATOR LICENSING

Or. Admin. R. 918-282-0000 Electrical Contractors in General

(1) An electrical contractor license is a specialized license allowing a company to engage in the business of making electrical installations. This license is in addition to the licensing and bonding required by the Construction Contractors Board.

(2)(a) Generally, the contractor is required to have a full-time general supervising electrician to supervise the electrical work and sign permits; and

(b) Generally, the electrical installations are required to be made by individuals holding an appropriate electrical license.

(3) Exceptions to Sections (1) and (2). Certain statutory exemptions are in ORS 479.540. Different electrical contractor categories and requirements are in ORS 479.630 and this division of rules.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-282-0010 Electrical Contractor License

An electrical contractor:

(1) Shall continuously employ at least one full-time general supervising electrician except as otherwise exempted;

(2) Is not authorized to make, direct, supervise or control the making of an electrical installation, unless properly licensed; and

(3) Shall display its electrical license at each of the contractor’s places of business. If the contractor has multiple places of business, a facsimile of the license may be posted. The object of this requirement is to display the scope of electrical authority held by the contractor.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730 & 479.820
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0060
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0850

Or. Admin. R. 918-282-0015 Electrical Contractor's Responsibilities

Electrical contractors engaged in the business of making electrical installations that require a signing supervising electrician shall assure that all electrical work is made by, or under the direct supervision or control of, a continuously employed full-time signing supervising electrician acting within the scope of their license.

(1) Signing supervising electricians shall perform supervisory duties for only one contractor for which they are registered. Registered signing supervising electricians shall provide direct supervision or control through one of the following:

(a) Be on the job site;

(b) Have on the job site a continuously employed full-time supervising electrician; or

(c) Be available in person, or have a supervising electrician available to meet with the jurisdictional inspector at the job site within two business days following the request.

(2) Electrical contractors who have more than one designated continuously employed full-time signing supervising electrician shall assign only one signing supervising electrician responsibility for the work being performed under each valid permit.

(3) When an electrical contractor has only one designated signing supervising electrician, the electrical contractor may not use a different signing supervising electrician until the designated signing supervising electrician has discontinued the signing supervising electrician responsibilities and written notice has been provided to the division. The electrical contractor shall not continue electrical work until another signing supervising electrician is employed and written notification is provided to the division.

(4) Electrical contractors shall notify the division in writing who their signing supervising electrician(s) is. Notification shall be provided within five days of entering into or termination of that relationship.

(5) Worker leasing companies, as defined in ORS 656.850, shall notify the division within five business days of any contractual relationship or change in a contractual relationship with an electrical contractor. Notification shall include the name of the electrical contractor and a list of employed licensed electricians, including signing supervising electricians, leased to the electrical contractor. Electrical contractors and signing supervising electricians who utilize worker leasing companies are responsible for assuring compliance with the provisions of ORS Chapter 479 and the rules adopted thereunder.

History

Statutory/Other Authority: ORS 479.630
Statutes/Other Implemented: ORS 479.730
BCD 5-2001, f. 6-7-01, cert. ef. 7-1-01

Or. Admin. R. 918-282-0017 Elevator Contractor Electrical License

An elevator contractor licensed under this section:

(1) Shall continuously employ at least one full-time general supervising electrician or limited elevator journeyman to act as a signing supervisor to obtain and sign elevator plan approval permits;

(2) Is limited to electrical work associated with the installation, alteration, repair and maintenance of elevators. This work is limited to the wiring from the load side of the main disconnecting means for the elevator; and

(3) Is authorized to make, supervise, direct or control the making of an electrical installation only if properly licensed.

History

Statutory/Other Authority: ORS 479.630 & 479.840
Statutes/Other Implemented: ORS 479.630
BCD 12-2004, f. 8-20-04, cert. ef. 10-1-04
BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03
BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03

Or. Admin. R. 918-282-0020 Limited Sign Contractor License

A limited sign contractor:

(1) Shall continuously employ at least one full-time limited journeyman sign electrician, general journeyman electrician, or general supervising electrician to act as a signing supervisor to obtain and sign permits;

(2) Is limited to the electrical work authorized by a limited journeyman sign electrician license; and

(3) Is authorized to make, direct, supervise or control the making of a sign installation, only if properly licensed.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 7-2025, amend filed 06/27/2025, effective 07/01/2025
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-282-0030 Limited Energy Contractor License

A limited energy contractor:

(1) Continuously employs at least one full-time Class "A" limited energy technician, Class "B" limited energy technician or general journeyman to act as a signing supervising electrician to obtain and sign permits;

(2) Is limited to electrical work on limited energy systems and the scope of work authorized under the employed signing supervisor’s license; and

(3) Is authorized to make, direct, supervise or control the making of an electrical installation, only if properly licensed.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02
BCD 8-2002, f. 3-29-02, cert. ef. 4-1-02
BCD 16-2001(Temp), f. & cert. ef. 11-26-01 thru 5-24-02
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-282-0033 Limited Renewable Energy Contractor

In addition to the requirements of OAR 918-282-0000, a limited renewable energy contractor:

(1) Engages in the business of or makes the limited types of electrical installations limited to 50 KW AC, calculated as the sum of the manufacturer’s rated capacity of the AC side of the inverters connected to the generating equipment, and 600 volts nominal or less, specified in ORS 479.630(16);

(2) Continuously employs at least one general supervising electrician, general journeyman electrician or limited renewable energy technician to act as signing supervising electrician to:

(a) Obtain and sign permits; and

(b) Supervise the electrical installations authorized by ORS 479.630(16).

History

Statutory/Other Authority: ORS 479.630
Statutes/Other Implemented: ORS 479.630
BCD 9-2021, amend filed 09/29/2021, effective 10/01/2021
BCD 7-2021, temporary amend filed 05/27/2021, effective 05/27/2021 through 11/22/2021
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 9-2002, f. 3-29-02, cert. ef. 4-1-02
BCD 23-2001(Temp), f. 12-28-01, cert. ef. 1-1-02 thru 6-29-02

Or. Admin. R. 918-282-0040 Limited Maintenance Specialty Contractor-HVAC/R License

(1) A limited maintenance specialty contractor-HVAC/R (Heating, Ventilating, Air-conditioning and Refrigeration):

(a) May maintain, service, repair or replace commercial and industrial electrical products that use fuel or other forms of energy to produce heat, power, refrigeration or air conditioning;

(b) May maintain, service, repair or replace the equipment on the load side of the disconnect switch located at or on the electrical product; and

(c) Shall only make electrical modifications or install electrical products where the modification, the size or the type of the product installed is approved by the manufacturer for the equipment involved; and

(d) Shall install, maintain or repair 100 volt-ampere or less thermostat or associated control wiring beyond the electrical product in other than a one- or two-family dwelling only when the contractor employs one or more of the following to perform the work:

(A) General journeyman electrician;

(B) General supervising electrician;

(D) Class "B" limited energy technician.

(2) License and Equivalent Requirements. This contractor:

(a) Shall provide proof of at least two years (4,000 hours) experience in installation, including set-up and testing, plus approved specialized training from a manufacturer, distributor, school, or apprenticeship program, or lawful on-the-job training in one or more of the following activities: Electrical repair, service, maintenance, installation or replacement of existing, built-in or permanently connected commercial or industrial heating, ventilation, air conditioning, dehumidifying, filtering or refrigeration equipment;

(b) Shall agree to create an electrical training record within 60 days of hiring for each employee who will do the electrical work and:

(A) Maintain the record for as long as the employee remains with the contractor;

(B) Represent that only employees with electrical training will be used for electrical transactions under this license;

(D) Submit a list of all trained persons employed, or to be employed, to do electrical work authorized by this rule at time of the application and renewal. The list shall include all Class "B" limited energy technicians employed by the contractor and be updated within 30 days of changes.

(3) Employment of 100 volt-ampere journeymen or technicians. A limited maintenance specialty contractor-HVAC/R may employ, or be a:

(a) Class "A" limited energy technician; or

(b) Class "B" limited energy technician allowing 100 volt-ampere or under thermostat, or associated control wiring involving any type of equipment on which the limited maintenance specialty contractor-HVAC/R is authorized to work.

History

Statutory/Other Authority: ORS 479.540(1), 479.550 & 479.730(5)
Statutes/Other Implemented: ORS 479.730
BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0040
BCA 17-1992, f. & cert. ef. 9-1-92
BCA 8-1992(Temp), f. 4-29-92, cert. ef. 7-1-92

Or. Admin. R. 918-282-0050 Limited Maintenance Specialty Contractor License

(1) A limited maintenance specialty contractor:

(a) May connect replacement appliances to existing junction boxes;

(b) May repair by replacement, as defined in OAR 918-251-0090, ballasts, lamp holders and equipment that are a part of lighting fixtures; and

(2) A firm that holds a valid limited maintenance specialty contractor license shall provide and maintain a list of employees in accordance with ORS 479.630 and shall designate to the division an individual within the firm who shall be responsible for compliance with applicable codes and rules for obtaining permits and calling for inspections.

(3) The applicant shall provide verification of one year of experience in appliance repair or replacement work as defined in statute.

(4) This contractor can convert to a limited maintenance specialty contractor-HVAC/R by meeting the requirements of OAR 918-282-0040 and paying an additional fee.

(5) Limited maintenance specialty contractor employees need not be licensed.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 4-1999, f. & cert. ef. 4-1-99
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0070
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0860

Or. Admin. R. 918-282-0060 Restricted Energy Contractor License

(1) A restricted energy contractor is limited to HVAC activities only, unless the board approves additional indorsements, at which time the contractor shall file separate proof of qualification.

(2) Applicants for this license shall:

(a) Designate the applicable indorsement sought;

(b) Attach a copy of the identification card to be used for the licensing period; and

(A) For the contractor, if the contractor is an individual; a partner if the contractor is a partnership; or a designated person employed by the corporation who actively supervises the restricted energy electrical activities in the case of a corporate contractor;

(B) That the qualifying person has on-the-job training, training from a manufacturer, distributor or school, or completed an apprenticeship program under the relevant Electrical Specialty Code or One and Two Family Dwelling Specialty Code; and

(3) In addition to the statutory requirements for identity of the contractor, the contractor shall issue an identification card to employees covered by the license upon employment, and annually thereafter showing:

(a) Name of employee;

(b) Date of issue;

(d) The expiration date coinciding with the contractor’s license expiration.

(4) When the contractor’s experience is based on a corporate supervisor or partner and that person leaves the entity, the contractor shall immediately amend the license and qualify another person or surrender the license for cancellation.

(5) The contractor shall maintain a current list of employees with the division.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.945
Statutes/Other Implemented: ORS 479.945
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0440
BCA 44-1991, f. & cert. ef. 12-26-91
BCA 33-1991(Temp), f. & cert. ef. 9-30-91

Or. Admin. R. 918-282-0070 Limited Pump Installation Specialty Contractor License

(1) A limited pump installation specialty contractor:

(a) Makes the limited types of electrical installations specified in ORS 479.630;

(b) May direct, supervise or control these limited types of electrical installations;

(d) Shall provide an updated list of employees annually;

(e) Shall designate to the division an individual within the firm responsible for compliance with applicable codes and rules; and

(f) Shall obtain permits and call for inspections.

(2) Installations under this license shall be limited to branch circuit wiring provided from the load side of a disconnect means external to panel boards.

(3) Employees of a limited pump installation specialty contractor need not be licensed.

(4) License and Equivalent Requirements. This license requires proof of one year of experience in residential pump installation, repair and maintenance or equivalent experience as approved by the board. If applicant is a business entity other than a sole proprietorship, the qualification shall be provided by a person designated by the entity. There is no examination for this license.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0080
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0870

Or. Admin. R. 918-282-0100 Electrical Licensing in General

(1) An electrical license is issued to an individual and allows the holder to make certain regulated electrical installations. Individual electrical licensing laws are in ORS 479.630. The following rules implement the individual electrical licensing laws. Application and examination requirements as well as continuing education and renewal requirements are located in OAR division 30.

(2) When the rules refer to a "valid" electrical license, this means a license issued by the Electrical and Elevator Board that has not expired, or been suspended or canceled.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-282-0110 General Licensing Exemptions

In addition to the exceptions provided in ORS 479.540, electrical licenses are not required to:

(1) Replace light bulbs, fluorescent tubes or approved fuses, or to connect approved portable electrical equipment to permanently installed and properly wired receptacles;

(2) Do experimental electrical work or testing of electrical products in electrical shops, educational institutions, industrial plants or recognized testing laboratories;

(3) Operate, maintain, repair and replace broadcast equipment of commercial radio and television stations; or

(4) Install limited energy systems not exceeding 100 voltampere ("VA") in Class 2 and 3 systems limited to:

(a) Single station smoke or ionization detectors installed in buildings three stories or less in height;

(b) Closed circuit television systems installed in buildings three stories or less in height;

(d) Intercom and audio systems installed in one- and two-family dwellings.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
BCD 8-2005, f. & cert. ef. 4-1-05
BCD 26-2002, f. & cert. ef. 10-1-02
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 18-1999, f. 12-30-99, cert. ef. 1-1-00
BCD 9-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0010
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0800

Or. Admin. R. 918-282-0120 Licensing Requirements for Electrical Work

(1) No person or entity shall allow any individual to perform electrical work for which the individual is not properly registered or licensed.

(2) Owners, managers or agents of facilities having electrical employees shall report in writing to the division and the authority having jurisdiction, the names and license numbers of limited supervising manufacturing plant or limited maintenance electricians employed.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0180
BCA 11-1992, f. & cert. ef. 6-26-92
BCA 2-1992(Temp), f. 2-28-92, cert. ef. 3-18-92
DC 10-1982, f. & cert. ef. 3-1-82, Renumbered from 814-022-0120
DC 12-1981, f. 9-29-81, cert. ef. 10-1-81
DC 10-1972, f. 4-13-72, cert. ef. 5-1-72

Or. Admin. R. 918-282-0130 Fees

The division charges an application and license renewal fee as specified in ORS 479.840.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 17-2007, f. 12-28-07, cert. ef. 1-1-08
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0040
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0830

Or. Admin. R. 918-282-0140 General Supervising Electrician License

(1) A general supervising electrician when working for or as an electrical contractor requiring a signing supervisor:

(a) Directs, supervises, makes, or controls the making of electrical installations;

(b) May design, plan, and lay out work for the customers of the contractor with whom the supervising electrician is continuously employed; and

(c) Is the only individual authorized to direct, supervise, or control the installation or alteration of an electrical service.

(2) The general signing supervising electrician must:

(a) Sign all permits;

(b) Ensure all electrical installations meet minimum safety standards;

(c) Be continuously employed as a general supervising electrician on the electrical contractor’s regular payroll and be available during working hours to carry out the duties of a supervising electrician under this section;

(d) Ensure proper electrical safety procedures are used;

(e) Ensure all electrical labels and permits required to perform electrical work are used and signed;

(f) Ensure electricians have proper licenses for the work performed, and may not permit either by assent or by failure to prevent, an individual to perform work for which they are not properly licensed;

(g) Comply with corrective notices issued by the inspecting authority;

(h) Notify the division in writing within five days if the signing supervising electrician terminates the relationship with the electrical contractor; and

(i) Not act as a supervising electrician for more than one employer.

(3) Supervising electricians who fail to comply with the provisions of this rule through act or omission may be subject to penalties. Penalties include, but are not limited to, fines, license conditioning, suspension, and revocation.

(4) If the general supervising electrician leaves the employment of the general electrical contractor or employer, electrical work which requires a general supervising electrician shall not be conducted until a replacement general supervising electrician is employed and written notice designating the supervising electrician is given to the division.

(5) License and Equivalent Requirements:

(a) The licensing requirements for a general supervising electrician are set out in ORS 479.630.

(b) To comply with the experience requirements, a non-journeyman applicant relying on equivalent experience shall provide proof that applicant had:

(A) Qualifying experience to become a journeyman electrician, that is at least 8,000 hours of work experience with sufficient minimum hours in each area set out in OAR 918-282-0170; and

(B) Additional qualifying experience as a journeyman, that is at least 8,000 hours of work experience that is equivalent to journeyman work.

History

Statutory/Other Authority: ORS 455.117 & 479.730
Statutes/Other Implemented: ORS 479.620, 479.630 & 479.730
BCD 3-2009, f. 6-29-09, cert. ef. 7-1-09
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0090
BCD 8-1996(Temp), f. & cert. ef. 6-14-96
BCA 28-1989, f. & cert. ef. 12-7-89
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0880

Or. Admin. R. 918-282-0150 Employment Requirements for Supervising Electricians Employed by Industrial or Manufacturing Plant

(1) Owners, managers or agents of an industrial or manufacturing plant, hospital, sewer plant, water plant, commercial office building, building occupied by the state or a local government entity or an institution employing individuals who install electrical wiring or equipment shall employ on regular payroll a registered professional electrical engineer, a general supervising electrician or a limited supervising electrician:

(a) To supervise, direct or control this work; and

(b) Who may also install, maintain, repair, or replace electrical wiring and electrical products as licensed.

(2) The general supervising electrician, limited supervising electrician or registered professional electrical engineer may be relieved from responsibility for future work under any permit signed by the supervising electrician or registered professional electrical engineer, if electrician or engineer has left or been discharged from the employ of a licensed electrical contractor or industrial plant, provided that notice in writing of termination is filed with the division within five days by the general supervising electrician, limited supervising electrician or registered professional electrical engineer.

(3) The license or authority of the employer to continue with the electrical work shall, without further order or action by the division, be suspended until another general supervising electrician, limited supervising electrician or registered professional electrical engineer is employed and written notice given to the division by the general supervising electrician, limited supervising electrician or registered professional electrical engineer.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0170
DC 10-1982, f. & cert. ef. 3-1-82, Renumbered from 814-022-0115
DC 12-1981, f. 9-29-81, cert. ef. 10-1-81
DC 10, f. 4-13-72, cert. ef. 5-1-72

Or. Admin. R. 918-282-0160 Limited Supervising Electrician License

(1) A limited supervising electrician may:

(a) Direct, supervise, make or control the making of electrical installations limited to installation, maintenance, replacement and repair of electrical wiring and electrical products on or in an existing, operable manufacturing or industrial plant, hospital, sewer plant, water plant, commercial office building, building owned or operated by the state or a local government facility designated by the board or an institution owned or operated by the licensee’s employer; and

(b) Design, plan and lay out work for the employer; and

(d) Shall ensure electrical installations meet minimum safety standards; and

(e) Is not authorized to install or perform work on service equipment.

(2) License and Equivalent Requirements. The four-year experience requirement can be met by four years of experience as a limited journeyman manufacturing plant electrician.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0100
BCA 28-1989, f. & cert. ef. 12-7-89
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0890

Or. Admin. R. 918-282-0170 General Journeyman License

(1) A general journeyman:

(a) Is authorized to make any electrical installation; and

(b) Shall work under the supervision, direction and control of a general supervising electrician unless doing the type of work that may be supervised, directed or controlled by a person holding a specific limited supervising electrician license, or the type of work requiring no supervision.

(2) A general journeyman working in a manufacturing or industrial plant without a supervising electrician or engineer is limited to maintenance work.

(3) License and Equivalent Requirements.

(a) Applicants for acceptance under equivalent requirements shall show proof of the following work categories and minimum hours of on-the-job training or experience:

(A) Stock room and material handling, 100 hours:

(i) Shop;

(ii) Service.

(B) Residential Wiring, 1,000 hours:

(i) Service and panel;

(ii) Conduit, flex, romex boxes, electric heating systems;

(iii) Wire pulling and taps;

(iv) Wiring devices and fixtures;

(v) Remodel and finish work.

(i) Services, switchboards and panels;

(ii) Conduit, flex, metal moldings, floor duct and boxes;

(iii) Wire pulling and taps;

(iv) Wire devices;

(v) Lighting fixtures — high voltages, explosion proof, perimeter lighting.

(D) Industrial Installations, 1,000 hours:

(i) Services, switchboards and panels;

(ii) Conduit, tray and boxes;

(iii) Wire pulling and taps;

(iv) Motor and equipment installations;

(v) Lighting fixtures — High voltage, explosion proof, security lighting.

(E) Intercommunication, Signal and Control Systems, 500 hours;

(F) Underground Construction, 100 hours:

(i) Tunnel rack work;

(ii) Ditch digging and material handling;

(iii) Conduit preparation.

(G) Trouble Shooting and Maintenance, 250 hours;

(H) Finishing and Fixture Hanging, 50 hours;

(I) Total Minimum Subject Hours, 4,000.

(b) Total Hours Required. Total electrical work experience shall be at least 8,000 hours. No more than 300 percent credit shall be allowed for subjects (A) through (H) for any one subject;

(c) Related Training Classes. Applicants shall submit transcripts with passing grades of "C" or better in graded classes and a "pass" in non-graded classes in the following related electrical training classes:

(A) Electrical mathematics;

(B) Safety and accident prevention;

(D) Blueprint reading and electrical symbols;

(E) Introduction to National Electrical Code;

(F) Electrical fundamentals and basic theory, including AC and DC;

(G) Electrical measuring devices;

(H) Wiring methods;

(I) Low voltage and limited energy circuits;

(J) Residential, industrial and commercial calculations;

(K) Motors, generators and transformers;

(L) Practical circuit sketching;

(M) Lighting circuits;

(N) Fundamentals of electronics;

(O) High voltage distribution and equipment.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0110
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0900

Or. Admin. R. 918-282-0180 Limited Residential Electrician License

(1) A limited residential electrician:

(a) Makes electrical installations on one- or two-family or multi-family dwelling units, not exceeding three floors above grade; and

(b) Shall work under the supervision, direction and control of a general supervising electrician.

(2) License and Equivalent Requirements.

(a) Applicants for acceptance under equivalent requirements shall show proof of the following work categories and minimum hours of on-the-job training or experience:

(A) Stock room and Material handling, 100 hours:

(i) Shop;

(ii) Service.

(B) New Residential Wiring, 2,000 hours:

(i) Service and panel;

(ii) Conduit, flex, romex boxes, electric heating systems;

(iii) Wire pulling and taps.

(D) Underground Installation, 100 hours:

(i) Ditch digging;

(ii) Material handling;

(iii) Conduit preparation.

(E) Trouble shooting, 200 hours;

(F) Remodeling, 500 hours;

(G) Finishing and Fixture Hanging, 200 hours.

(b) Total Hours Required. Total electrical work experience shall be at least 4,000 hours. No more than 300 percent credit shall be allowed for subjects (A) through (G) for any one subject;

(A) Electrical mathematics;

(B) Safety and accident prevention;

(D) Blueprint reading and electrical symbols;

(E) Introduction to National Electrical Code;

(F) Electrical fundamentals and basic theory, including AC and DC;

(G) Electric measuring devices;

(H) Wiring methods;

(I) Low voltage and limited energy circuits;

(J) Residential calculations;

(K) Basics of motors, generators and transformers;

(L) Practical circuit sketching;

(M) Lighting circuits;

(N) Fundamentals of electronics;

(O) High voltage distribution and equipment.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0120
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0910

Or. Admin. R. 918-282-0185 Limited Elevator Journeyman License

(1) A limited elevator journeyman:

(a) Shall be employed by an appropriately licensed electrical contractor under ORS chapter 479;

(b) Is limited to electrical and mechanical work on elevators. This work is limited to the wiring from the load side of the main disconnecting means for the elevator; and

(2) License Requirements. Applicants shall:

(a) Have a minimum of 8,000 aggregate hours of lawfully obtained on-the-job training in the elevator industry installing, repairing, altering and maintaining elevator mechanical and electrical equipment; and

(b) Complete a Board approved limited elevator journeyman apprenticeship program.

(3) Applicants are required to provide documentation of work categories and minimum hours in:

(a) Basic construction and maintenance safety and tools — 250 hours;

(b) Blue print reading — 250 hours;

(d) Guide rail systems installation and maintenance — 400 hours;

(e) Drive machines and systems; overhead equipment including beams and sheaves — 800 hours;

(f) Hydraulic systems and control valves — 800 hours;

(g) Car frames, platforms and enclosures — 500 hours;

(h) Doors, entrances and operators — 500 hours;

(i) Construction wiring and practices — 800 hours; and

(j) Adjusting elevator systems — 200 hours;

(k) Maintenance, circuit tracing, trouble-shooting, test equipment, periodic testing requirements — 1,000 hours;

(l) Alteration of existing equipment 1,000 hours;

(m) Structure and operation of escalators and moving walks — 500 hours; and

(n) Related industry equipment 500 hours.

(4) Additionally applicants shall submit transcripts with passing grade of 70-percent or better in graded classes and a "pass" in non-graded classes in the following related training classes;

(a) Basic construction and maintenance safety;

(b) Blueprint reading;

(d) Equipment testing procedures;

(e) Guide rail systems installation and maintenance;

(f) Pit equipment and maintenance;

(g) Car frames, platforms and enclosures;

(h) Hoisting and rigging;

(i) Overhead equipment including beams and sheaves;

(j) Hoist ropes and roping procedures;

(k) Structure and operation of escalators and moving walks;

(l) Drive machines and components;

(m) Hydraulic systems and control valves;

(n) Traction machines and components;

(o) Basic electrical theory;

(p) Circuit tracing;

(q) Basic electronics and solid state theory;

(r) Construction wiring and practices; and

(s) Electrical code and safety training.

History

Statutory/Other Authority: ORS 479.630
Statutes/Other Implemented: ORS 479.630
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 12-2004, f. 8-20-04, cert. ef. 10-1-04
BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03
BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03

Or. Admin. R. 918-282-0190 Limited Journeyman Manufacturing Plant Electrician License

(1) A limited journeyman manufacturing plant electrician:

(a) Installs, maintains, replaces and repairs electrical wiring and electrical products on or in an existing and operable manufacturing or industrial plant owned or used by the licensee’s employer; and

(b) Is limited to repair and maintenance work if no supervising electrician or engineer is employed.

(2) License and Equivalent Requirements.

(a) Applicants for acceptance under equivalent requirements shall show proof of the following work categories and minimum hours of on-the-job training or experience:

(A) Installation of electrical circuits, 1,000 hours;

(B) Motors and generators, 500 hours:

(i) Dismantling and checking physical conditions;

(ii) Assembly and testing;

(iii) Repair and maintenance;

(iv) Internal and external connections to change direction of rotation and speed and for change of supply of voltage;

(v) Motor setting, drives, pulley, gears, coupling devices;

(vi) Related mechanical equipment: Traction units, cranes, winches and hoists.

(D) Trouble Shooting, 500 hours:

(i) Circuit analysis;

(ii) Use of test equipment;

(iii) Emergency repairs for temporary maintenance of service.

(E) Power distribution, 1,000 hours:

(i) Inside and outside, high and low voltage distribution systems, maintenance and replacement;

(ii) Transformer connecting, testing and repairing;

(iii) Switch gear and load centers, maintenance and repair;

(iv) Wiring, maintenance, repair and adjustment of control panels, instruments and relays.

(b) Total Hours Required. Total experience shall be at least 8,000 hours. No more than 300 percent credit shall be allowed for subjects (A) through (E) for any one subject.

(c) An applicant may substitute up to 1,000 hours of experience of any two or more of the following, provided the hours in any one subject are at least the minimum specified. Substituted experience shall be only for work experience beyond the 4,000-hour minimum category hours:

(A) Welders, welding, 100 hours:

(i) Soldering, brazing, welding (acetylene);

(ii) Welding (electric);

(iii) Maintenance and repair of welding equipment.

(B) Electric furnaces, 200 hours:

(i) Forming electrodes;

(ii) Mounting and connecting electrodes;

(iii) Operation of equipment;

(iv) Controls.

(i) Installing, replacing and testing rectifier units;

(ii) Repairing related equipment.

(D) Meters, 100 hours:

(i) Testing meters;

(ii) Rebuilding meters;

(iii) Minor repairs;

(iv) Installation;

(v) Calibration.

(E) Batteries, 100 hours:

(i) Handling, testing, storing, maintenance;

(ii) Minor repairs, terminals, case electrolyte;

(iii) Rebuilding.

(F) Signal systems, 100 hours:

(i) Installations;

(ii) Testing;

(iii) Service (minor);

(iv) Overhaul.

(G) Lighting, 300 hours:

(i) Maintenance of indoor and outdoor lighting, general and special;

(ii) Set-up, operation, maintenance, dismantling, and storing of temporary and emergency lighting and portable power plants.

(d) Related Training Classes. Applicants shall submit transcripts with passing grades of "C" or better in graded classes and a "pass" in non-graded classes in the following related electrical training classes:

(A) Electrical mathematics;

(B) Safety and accident prevention;

(D) Blueprint reading and electrical symbols;

(E) Introduction to National Electrical Code;

(F) Electrical fundamentals and basic theory, including AC and DC;

(G) Electric measuring devices;

(H) Wiring methods;

(I) Low voltage and limited energy circuits;

(J) Industrial and commercial calculations;

(K) Motors, generators and transformers;

(L) Practical circuit sketching;

(M) Lighting circuits;

(N) Fundamentals of electronics;

(O) Welding and cutting;

(P) High voltage distribution and equipment.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0130
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0920

Or. Admin. R. 918-282-0200 Indorsement for Manufacturing Plant Electricians

(1) Scope and Authority. The purpose of this rule is to allow manufacturing plant electricians to be employed by a general electrical contractor only when necessary to allow the plant owner or operator to change their method of maintaining their plant and equipment. This rule is adopted under ORS 479.630.

(2) For the purposes of this rule a:

(a) “General electrical contractor” is an electrical contractor employing a general supervising electrician;

(b) “Manufacturing plant” is the owner or operator of a manufacturing or industrial plant;

(c) “Manufacturing plant electrician” is a limited supervising electrician, limited journeyman manufacturing plant electrician or limited maintenance electrician whose license is authorized by ORS 479.630 and an apprentice, training for an applicable manufacturing plant electrician license.

(3)(a) A licensed manufacturing plant electrician, having specialized training to repair and maintain electrical systems and equipment owned or operated by the manufacturing plant, may be issued an indorsement to the electrician’s license. This indorsement authorizes employment by an identified general electrical contractor and performance of electrical work consistent with the manufacturing plant electrician’s license only at the premises of the identified manufacturing plant if the requirements of subsection (c) of this section are met;

(b) An apprentice manufacturing plant electrician at a manufacturing plant may be issued an indorsement authorizing employment by a general electrical contractor for continuance of the apprenticeship training at the premises of the identified manufacturing plant if the requirements of subsection (c) of this section are met;

(A) The manufacturing plant:

(i) Chooses to contract all plant maintenance to one or more contractors;

(ii) Provides electrical maintenance through a general electrical contractor; and

(iii) Agrees to inform the division if it decides to again provide its own electrical maintenance and offer reemployment to the manufacturing plant electricians.

(B) The electrical contractor:

(i) Hires all of the manufacturing plant electricians who receive indorsements under this rule who want to continue working at the same facility;

(ii) Uses those electricians for substantially the same work being done by them for the same manufacturing plant facilities, provided this is within the scope of the license;

(iii) Keeps on file with the division, with annual updates, the names and status of all manufacturing plant electricians employed by the contractor and assigned to the account of the plant;

(iv) Continues electrical apprenticeship undertakings of the manufacturing plant for all electrical apprentices indorsed under this rule; and

(v) Retains or assigns, as needed, a separate supervising electrician, general or limited as required, to the account of the specific manufacturing plant for each plant or cluster of plants within a 20-mile area.

(4) This rule does not authorize a general electrical contractor to hire a manufacturing plant electrician who is not issued an indorsement under this rule.

(5) No indorsement shall be issued under this rule until after consultation with the board concerning the facts and circumstances of the proposed transaction by the manufacturing plant and receipt of an affirmative recommendation.

(6)(a) The indorsement terminates automatically, if:

(A) The underlying license is revoked, expires or is not timely renewed;

(B) The employment between the electrician and the contractor is terminated; or

(b) The indorsement does not terminate if the manufacturing plant hires electrical contractors in addition to the contractor covered under the indorsement.

(7) If a new electrical contractor is hired by the manufacturing plant to replace the electrical contractor covered by the indorsement, the manufacturing plant electricians are required to seek a new indorsement.

(8)(a) Notwithstanding any requirements to the contrary, any manufacturing plant apprentice who receives an indorsement and is transferred to a general electrical contractor under this rule is entitled to become a manufacturing plant electrician upon successful completion of apprenticeship training and passing relevant examinations;

(b) When the apprentice working under an indorsement becomes a manufacturing plant electrician, the prior indorsement continues; and

(c) The indorsement is continued for any other manufacturing plant electrician whose license is upgraded within the manufacturing plant electrician category.

History

Statutory/Other Authority: ORS 479.630
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0185
BCD 1-1995, f. & cert. ef. 2-9-95

Or. Admin. R. 918-282-0205 Limited Renewable Energy Technician

(1) In addition to the requirements of ORS 479.630(16), a limited renewable energy technician shall be employed by a limited renewable energy contractor or electrical contractor.

(2) Persons seeking to be licensed under this rule shall provide proof of completion of a board-approved apprenticeship program that includes:

(a) A minimum of 4,000 hours of on-the-job training in the following work areas:

(A) 1,500 hours total with a minimum of 1,000 hours in photovoltaics and a minimum of 500 hours in other renewable electrical energy system installations, including, but not limited to:

(i) Wire pulling and splices;

(ii) Conduit, flex, tray and duct;

(iii) Control panels and controls;

(iv) Wiring devices; and

(v) Removal and finish work of renewable electrical energy systems including wind, solar, micro-hydroelectricity, photovoltaic, fuel cells and engine generators for off-grid systems;

(B) 1,500 hours minimum in balance of system including, but not limited to, installation, removal and finish of inverters, batteries, regulation, metering, conditioning equipment and systems; and

(i) National Electrical Code requirements for design of system;

(ii) Troubleshooting;

(iii) Maintenance; and

(iv) Plan/blueprint reading; and

(b) A minimum of 288 hours of classroom or related training covering:

(A) Electrical mathematics;

(B) Safety and accident prevention;

(D) Blueprint reading and electrical symbols;

(E) Introduction to the National Electrical Code;

(F) Electrical fundamentals and basic theory, including alternating and direct current;

(G) Electrical measuring devices;

(H) Wiring methods;

(I) Related electrical statutes and rules;

(J) Fundamentals of electronics;

(K) Renewable electrical energy systems including, but not limited to, systems and devices as set forth in ORS 479.630(16)(b)(A);

(L) Class 2 and 3 circuits; and

(M) Basic mechanics — applied physics and theory.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.630
Statutes/Other Implemented: ORS 479.630
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 9-2002, f. 3-29-02, cert. ef. 4-1-02

Or. Admin. R. 918-282-0220 Limited Journeyman Sign Electrician License

(1) A limited journeyman sign electrician:

(a) Installs and services electrical signs and outline lighting;

(b) Shall be employed by a limited sign contractor;

(d) Is not permitted to:

(A) Install a branch circuit from an electrical panel;

(B) Install control equipment not located on the same wall or post, inside or outside the building;

(D) Perform work on service equipment.

(2) A licensed apprentice, after completing the sixth period of apprenticeship training, may service signs without supervision. "Servicing" is the replacement of incandescent, high intensity discharge and fluorescent lamps and cleaning and painting the sign interior.

(3) This license is not required to install the footing or pole, or to operate the equipment required to access or set in place an electric sign, or to clean and paint the sign exterior.

(4) License and Equivalent Requirements. Applicants for acceptance under equivalent requirements shall show proof of the following work categories and minimum hours of on-the-job training or experience:

(a) Stock room and material handling, 100 hours;

(b) Pattern and blueprints, 150 hours;

(d) Assembly of display, 1,000 hours;

(e) Display painting and component parts, 250 hours;

(f) Display installation, service and maintenance, 1,250 hours; and

(g) Transportation and hoisting equipment maintenance and repair, 750 hours.

(h) Related Training Classes. Applicants shall submit transcripts with passing grades of "C" or better in graded classes and "pass" in non-graded classes in the following related electrical training classes pertaining to sign installation:

(A) Electrical fundamentals and basic theory;

(B) Wiring methods, under 600 volts nominal;

(D) Conduit systems, raceways and boxes; and

(E) Introduction to the National Electrical Code.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 16-2007, f. 12-28-07 cert. ef. 1-1-08
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0150
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0940

Or. Admin. R. 918-282-0230 Limited Journeyman Stage Electrician License

(1) A limited journeyman stage electrician:

(a) Shall be employed by an electrical contractor;

(b) Shall only install temporary feeders, branch circuits and equipment used for the production of shows, exhibits, displays, festivals, conventions, stage, theater, film or video productions;

(c) Shall be authorized to perform maintenance on temporary equipment designed to be accessed by qualified personnel such as, but not limited to, electronic dimmers, pendant drops, cords, connectors, theatrical and film and video lighting fixtures operating at not more than 150 volts to ground; and

(d) Is not authorized to install or extend permanent wiring of the structures involved, or install, maintain or repair service conductors or service equipment.

(2) License and Equivalent Requirements. Applicants for acceptance under equivalent requirements shall show proof of the following work categories and minimum hours of on-the-job training or experience:

(a) Stage/film and video/event lighting, 750 hours;

(b) Stage/film and video/event dimmer distribution and applications, 250 hours;

(d) Stage/film and video lamp operator, 500 hours;

(e) Set construction, installation, maintenance and repair, 1,000 hours, a minimum of which shall be:

(A) Stockroom, 50 hours;

(B) Troubleshooting, 50 hours;

(D) Transportation and hoisting, 50 hours;

(E) Layout and design, 50 hours;

(F) Pattern and blueprint, 50 hours.

(f) Stage/film and video/even property, 1,000 hours, a minimum of which shall be:

(A) Repair of related equipment, 125 hours;

(B) Troubleshooting, 125 hours;

(g) A minimum of 150 electrical-related training hours during the course of an apprenticeship or approved training program.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 11-2005, f. 6-7-05, cert. ef. 7-1-05
DC 15-1987, f. & ef. 5-15-87; Renumbered from 814-022-0950; BCA 11-1992, f. & cert. ef. 6-26-92; BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0160; BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00; BCD 22-2001, f. 12-28-01, cert. ef. 1-1-02

Or. Admin. R. 918-282-0240 Limited Maintenance Electrician License

(1) A limited maintenance electrician:

(a) Maintains, repairs and replaces electrical installations on the premises of an industrial plant where the individual is employed;

(b) Maintains, repairs and replaces electrical installations on systems that are less than 600 volts phase to phase on the premises of a commercial office building, a building occupied by the state or by a local government entity or a facility designated by the board, where the individual is employed; and

(2) License and Equivalent Requirements. Applicants who did not complete an approved apprenticeship program shall verify 4,000 hours of on-the-job training or experience for the following work categories and minimum hours:

(a) Motors, generators and heating equipment, 500 hours;

(A) Assembly and testing;

(B) Repair and maintenance;

(D) Motor setting, drives, pulleys, gears and coupling devices;

(E) In-place motor cleaning (maximum 100 hours credit);

(b) Controls, manual and automatic, including magnetic and solid state, 1,000 hours;

(d) Power distribution, inside and outside, high and low voltage distribution systems, maintenance and replacement, 500 hours;

(e) Lighting, 500 hours;

(f) Electrical oriented drawings, 100 hours;

(g) Total Hours Required. The minimum work hours under each subject shall not be less than the hours specified. No more than 300 percent credit shall be allowed under subjects (a) through (f) for any one subject;

(h) The applicant's on-the-job training or work experience shall be supervised by a:

(A) General supervising electrician;

(B) Limited supervising manufacturing plant electrician;

(D) Limited journeyman manufacturing plant electrician; or

(E) Limited maintenance electrician;

(i) Required Educational Training. Applicants shall submit transcripts verifying successful completion, with passing grades of "C" or better in graded classes and a "pass" in non-graded classes, in the following subject areas:

(A) Electricity and electronics;

(B) Fundamental mechanical principles;

(D) Instrumentation and controls;

(E) Federal, state and local electrical laws, codes and rules;

(F) Blueprint reading, electrical drawing, pictorial, block, one-line and schematic drawings;

(G) Industrial electrical safety; and

(H) Certified cardiopulmonary resuscitation (CPR) course.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.630
BCD 16-2007, f. 12-28-07 cert. ef. 1-1-08
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0180
BCD 8-1996(Temp), f. & cert. ef. 6-14-96
DC 15-1987, f. & cert. ef. 5-15-87, Renumbered from 814-022-0970

Or. Admin. R. 918-282-0260 Limited Building Maintenance Electrician License

(1) A limited building maintenance electrician:

(a) Is authorized to maintain, repair and replace the following electrical installations required on the premises of commercial office buildings, buildings occupied by the state or a local government entity or facilities designated by the board in electrical systems not exceeding 300 volts to ground, excluding Protective Signaling and Limited Energy Electrical Activities as referenced in ORS 479.905:

(A) Electrical appliances;

(B) Light switches/Controls;

(D) Fans; and

(E) Receptacles.

(b) May be employed by the owner of a commercial office building or the owner’s agent, neither of whom need to be licensed.

(2) Qualification Based on Employment and Experience Gained Prior to July 1, 1995. Prior to August 1, 1998, an applicant can qualify by submitting independent documentation of at least one year of commercial office building maintenance experience, provided the experience was gained prior to July 1, 1995, and by passing a written examination. No applications shall be received under this section after August 1, 1998.

(3) License and Equivalent Requirements. The equivalent standards adopted by the board under ORS 479.630 include:

(a) Work Categories and Minimum Hours. Applicants who did not complete an approved training program must verify 2,000 hours of on-the-job training or experience in maintenance, repair and replacement for the following work categories and minimum hours:

(A) Electrical appliances, 100 hours;

(B) Light switches/Controls, 250 hours;

(D) Fans, 100 hours; and

(E) Receptacles, 250 hours.

(b) Total Hours Required. The minimum work hours under each subject shall not be less than the hours specified. No more than 300 percent credit shall be allowed for subjects (A) through (F) for any one subject.

(4) Required Educational Qualification by Training.

(a) Applicants shall attend 16 hours of approved electrical safety training before commencing any on-the-job activities or additional electrical training.

(b) Required Electrical Training. Applicants shall submit transcripts verifying successful completion, with passing grades, in the following subject areas:

(A) Basic electricity;

(B) Sources of electricity;

(D) Measuring electrical energy consumption and electrical circuits;

(E) Protective devices (fuses and circuit breakers) and electrical symbols;

(F) Electrical conductors, insulation and raceways;

(G) Electrical boxes, receptacles, switches and solenoids;

(H) Motors and starters, maintenance and safety;

(I) Electrical testing meters;

(J) Basics of lighting;

(K) Light sources, fixtures and maintenance;

(L) Maintenance and safety;

(M) Scope of work allowed; and

(N) Applicable sections of the Oregon Electrical Specialty Code.

(c) Prior to performing any unsupervised electrical work as a trainee, applicant shall have a minimum of 80 hours of approved on-the-job training under the supervision of a competent licensed electrician whose scope of license allows all of the electrical activities of a limited building maintenance electrician, provided the training covers each of the electrical installations in subsection (3)(a) of this section.

(d) For the purposes of this section the following licensees can be the training electrician: General supervising electrician, limited supervising electrician, general journeyman, limited manufacturing plant journeyman, limited maintenance electrician and limited building maintenance electrician which includes a person licensed under section (2) of this rule.

(5) Definitions.

(a) “Commercial Office Building” is a building of which 75 percent or more of the office area is used for professional or service transactions, including storage of records. For the purpose of determining “office area,” stairways, hallways, rest rooms and vehicle parking are excluded;

(b) “Government Building” means a building, or portion thereof, which is owned, leased or rented and used by the state or any county, municipality or other political subdivision of the state; and

(c) “Owner’s Agent” means the owner’s employee, or other person or entity under contract, who oversees the daily maintenance of the owner’s property.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.630
BCD 6-2025, amend filed 06/27/2025, effective 07/01/2025
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 16-1997, f. 9-30-97, cert. ef. 10-1-97
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-282-0270 Apprentices

(1) An apprentice:

(a) Shall meet the following minimum requirements:

(A) General journeyman, Class A limited energy technician and Class B limited energy technician:

(i) Be 17 years of age to apply, 18 years of age to be registered;

(ii) Have a high school diploma, GED, or international equivalency; and

(iii) Have one-year high school algebra, integrated math 2 or its equivalent with one of the following:

(I) A grade of “Pass” if no letter grades were issued as a result of COVID-19 impacts;

(II) A grade of "C” or better; or

(III) Equivalent community college mathematics placement test results.

(B) Limited journeyman manufacturing plant, limited maintenance, limited journeyman sign, limited journeyman stage and limited renewable energy technician:

(i) Be 17 years of age to apply, 18 years of age to be registered;

(ii) Have a high school diploma, GED or international equivalency; and

(iii) Have one-year high school mathematics with a passing grade, or equivalent community college mathematics placement test results;

(i) Be 17 years of age to apply, 18 years of age to be registered;

(ii) Have a high school diploma, GED, or international equivalency; and

(iii) Have one-year high school algebra, integrated math 2 or its equivalent with one of the following:

(I) A grade of “Pass” if no letter grades were issued as a result of COVID-19 impacts;

(II) A grade of "C" or better; or

(iv) One-year high school math and completion of an algebra course as part of an approved apprenticeship program with one of the following:

(I) A grade of “Pass” if no letter grades were issued as a result of COVID-19 impacts;

(II) A grade of "C" or better; or

(III) Equivalent community college mathematics placement test results.

(b) Shall be licensed;

(c) May assist an appropriately licensed electrician on the same job site and the same shift in performing electrical work authorized in the trade, or branch of the trade, in which the licensee is registered; and

(d) Shall not perform electrical work under a person holding a letter of authority card issued to State of Oregon employees.

(2) Apprentice licenses issued under sections (3)(a), (4), or (5) of this rule are issued and renewed by the Oregon Bureau of Labor and Industries according to standards established in this rule and the guidelines established by the Bureau of Labor and Industries and the Building Codes Division.

(3) Electrical apprentice licenses:

(a) Shall be issued to individuals registered in formal electrical apprenticeship programs recognized by the board and the Oregon Bureau of Labor and Industries under ORS Chapter 660; and

(b) May be issued to trainees enrolled in individually approved, employer-sponsored training programs leading to the limited journeyman license in OAR 918-282-0190. Individuals enrolled in these programs may be issued an electrical apprentice license only if the employer's program is approved by the board.

(4) Reciprocal electrical apprentice licenses shall be issued to individuals currently registered in an approved apprenticeship program outside Oregon in a state that is party to the state apprenticeship reciprocal agreement.

(5) Notwithstanding subsection (1)(c) of this rule, a final period apprentice licensed under sections (3)(a) or (4) of this rule that meets the requirements of this section and the Bureau of Labor and Industries may be issued an indirect supervision electrical apprentice license, allowing the apprentice to work under indirect supervision at the discretion of the responsible supervisor. A license under this section may be issued to:

(a) A final period apprentice in an 8,000 hour apprenticeship program with at least 6,500 hours of on-the-job training, allowing the apprentice to work under indirect supervision on projects not exceeding eight hours duration and limited to 300 volts phase to phase or phase to ground; or

(b) A final period apprentice in a 6,000 hour apprenticeship program with at least 5,000 hours of on-the-job training, allowing the apprentice to work under indirect supervision on projects not exceeding eight hours duration that are otherwise within the scope of the apprentice’s license.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 24-2020, amend filed 12/22/2020, effective 01/01/2021
BCD 11-2020, temporary amend filed 06/23/2020, effective 06/23/2020 through 12/19/2020
BCD 18-2011, f. 6-30-11, cert. ef. 7-1-11
DC 15-1987, f. & ef. 5-15-87; Renumbered from 814-022-0980; BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0190; BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00; BCD 23-2001(Temp), f. 12-28-01, cert. ef. 1-1-02 thru 6-29-02; BCD 9-2002, f. 3-29-02, cert. ef. 4-1-02; BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02; BCD 2-2008, f. 2-21-08, cert. ef. 4-1-08; BCD 8-2011, f. 3-30-11, cert. ef. 4-1-11; BCD 9-2011(Temp), f. 3-30-11, cert. ef. 4-1-11 thru 6-30-11

Or. Admin. R. 918-282-0290 Elevator Apprenticeship Program

The National Elevator Industry Educational Program (NEIEP) approved by the Elevator Safety Board, now the Electrical and Elevator Board, is approved as an elevator apprenticeship program referred to in ORS 479.630 as a prerequisite for a limited journeyman elevator license.

History

Statutory/Other Authority: ORS 460.085 & 479.730
Statutes/Other Implemented: ORS 460.085
BCD 12-2004, f. 8-20-04, cert. ef. 10-1-04
DC 13-1983, f. & ef. 6-17-83; Renumbered from 814-022-0030; BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-250-0040; BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00; BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03; BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03

Or. Admin. R. 918-282-0345 Class "A" Limited Energy Technician License

Scope of work. A Class "A" limited energy technician:

(1) Is allowed to install, alter and repair all limited energy systems; and

(2) Shall also be licensed as an electrical contractor or shall work for a licensed electrical contractor, limited energy electrical contractor, or for one employer in an industrial plant.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.905, 479.910 & 479.915
BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02

Or. Admin. R. 918-282-0355 Licensing Requirements for Class "A" Limited Energy Technician

(1) License and Equivalent Requirements. Applicant shall have a minimum of 6,000 hours of lawfully obtained experience. Experience must be verified as established in OAR division 30. This experience shall be obtained as follows

(a) By successful completion of a board-approved Class "A" limited energy apprenticeship program; or

(b) Through limited energy electrical experience equivalent to a Class "A" board-approved limited energy apprenticeship program.

(2) Persons utilizing lawful experience may meet equivalent experience requirements by providing verification as required by OAR 918-030-0030 through 918-030-0050.

(3) Applicants for approval under equivalent requirements must show proof of the following work categories and minimum hours of on the job training or experience:

(a) Stock room and materials, 150 hours:

(A) Shop;

(B) Service;

(b) Limited energy wiring, 2,400 hours:

(A) Installation;

(B) Wire pulling;

(D) Conduit;

(E) Flex;

(F) Tray and duct;

(G) Control panels and controls;

(H) Wiring devices;

(I) Removal and finish work;

(d) Outdoor installation, overhead and underground, 75 hours; and

(e) Trade-specific installations, 3,000 hours of which at least 750 hours must be from paragraph (A) below:

(A) Protective signaling, including but not limited to;

(i) Fire alarm;

(ii) Nurse call;

(iii) Security;

(B) Medical;

(D) CCTV, paging and sound;

(E) Instrumentation and HVAC;

(4) Total Hours Required. Total electrical work experience shall be at least 6,000 hours. No more than 300 percent credit shall be allowed in work categories (a) through (d) in Section (3) of this rule.

(5) Related Training Classes. Additionally, applicants shall have a minimum of 432 hours of related classroom training as outlined in the following:

(a) Electrical mathematics;

(b) Safety and accident prevention;

(d) Blueprint reading and electrical symbols;

(e) Introduction to the National Electrical Code;

(f) Electrical fundamentals and basic theory, including AC and DC;

(g) Electrical measuring devices;

(h) Wiring methods;

(i) Related electrical statutes and rules;

(j) Fundamentals of electronics;

(k) Transformers;

History

Statutory/Other Authority: ORS 479.730 & 455.117
Statutes/Other Implemented: ORS 479.905, 479.910, 479.915 & 455.117
BCD 16-2007, f. 12-28-07 cert. ef. 1-1-08
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02

Or. Admin. R. 918-282-0360 Class "B" Limited Energy Technician

Scope of work:

(1) A Class "B" limited energy technician is allowed to perform limited energy electrical activity that does not include protective signaling as defined in ORS 479.905.

(2) A Class "B" limited energy technician shall also be licensed as an electrical contractor, work for a licensed electrical contractor, or for one employer in an industrial plant. The scope of limited energy electrical work cannot exceed either that which the signing supervisor is authorized to perform, or that work which the individual is licensed to perform.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.905, 479.910 & 479.915
BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02

Or. Admin. R. 918-282-0365 Licensing Requirements for Class "B" Limited Energy Technician

(1) License and Equivalent Requirements. Applicant shall have a minimum of 4,000 hours of lawfully obtained experience. Experience must be verified as established in OAR division 30. This experience shall be obtained as follows:

(a) As an apprentice in a board-approved limited energy electrical activity apprenticeship program; or

(b) Through limited energy activity equivalent to an apprenticeship program, and the completion of a board-approved 32 hour training program.

(2) Persons utilizing lawful experience may meet equivalent experience requirements by providing verification as required by OAR 918-030-0030 through 918-030-0050.

(3) Applicants for approval under equivalent requirements must show proof of the following work categories and minimum hours of on the job training or experience:

(a) Stock room and materials, including shop and service: 100 hours;

(b) Limited energy installations, including cables and supports, wire pulling and splices, conduit, flex, tray and duct, control panels and controls, wiring devices, removal and finish work: 1,650 hours;

(d) Occupation specific applications including 2,000 hours in any of the following:

(A) Communications systems, including data telecommunications, intercom, paging;

(B) Specialized control systems, including HVAC, medical, boiler, clock, instrumentation, or other limited energy systems; and

(4) Total Hours Required. Total electrical work experience shall be at least 4,000 hours. No more than 300 percent credit shall be allowed in work categories (a) through (d) in Section (3) of this rule.

(5) Applicants shall also have a minimum of 288 hours of class or related training covering:

(a) Electrical mathematics;

(b) Safety and accident prevention;

(d) Blueprint reading and electrical symbols;

(e) Introduction to the National Electrical Code;

(f) Electrical fundamentals and basic theory, including alternating and direct current;

(g) Electrical measuring devices;

(h) Wiring methods;

(i) Related electrical statutes and rules;

(j) Fundamentals of electronics;

(k) Transformers;

(l) Lighting circuits; and

(m) Basic mechanics — Applied physics and theory.

History

Statutory/Other Authority: ORS 479.730 & 455.117
Statutes/Other Implemented: ORS 479.905, 479.910, 479.915 & 455.117
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
Reverted to BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02
BCD 12-2005(Temp), f. & cert. ef. 6-10-05 thru 12-6-05
BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02

Or. Admin. R. 918-282-0400 Solar Licensing

The purpose of this rule is to clarify the scope of work for solar installations. It does not affect the scope of licenses established in ORS 479.630.

(1) For the purposes of this rule the following definitions apply:

(a) “Building Integrated” means photovoltaic (PV) cells, devices, modules, or modular materials that are integrated into the outer surface or structure of a building and serve as the outer protective surface of that building or structure, such as the roof, skylights, windows or facades.

(b) “Module” means a complete, environmentally protected unit consisting of solar cells, optics, and other components, exclusive of tracker, designed to generate dc power when exposed to sunlight.

(c) “Racking” means the material, supports, attachment, frame, skeleton used to attach a solar system or module to a building, structure, or ground mounting.

(d) “Rack mounted PV module” means a PV module that is attached to racking.

(2) Persons placing or installing structural elements, including footings, roofs, carports, racking, and building integrated PV modules are not required to possess an electrical license.

(3) The total generating capacity of a PV system, measured in KW AC, is determined by calculating the sum of the manufacturer’s rated capacity of the AC side of the inverters connected to the solar panels.

(4) The following licensing requirements apply to PV system installations:

(a) For PV systems not exceeding 50 KW AC a Limited Renewable Energy Technician, General Journeyman Electrician, General Supervising Electrician or a Limited Residential Electrician working within the scope of their license is required to perform the following:

(A) Installation or attachment of PV modules to racking.

(B) Making electrical connections between modules, including installation of all conductors that connect to and/or interconnect all PV modules regardless of the type of electrical connection including plug-type interconnections.

(C) Making electrical connections to combiner boxes and inverter(s), including installation of all conductors between arrays and combiner boxes, up to the load side of the inverter.

(D) All elements of system grounding utilizing wire-type conductors on the DC side of the inverter.

(E) Making AC electrical wiring and connections to the termination of the final factory-provided interconnecting cable on the exterior of a structure that extends a maximum distance of 10 feet from the renewable energy system, and extends no more than three feet within an accessible space of a structure, and does not connect to the structure’s wiring system.

(b) For PV systems exceeding 50 KW AC a General Journeyman Electrician, General Supervising Electrician or a Limited Residential Electrician working within the scope of their license is required to perform the following:

(A) Installation or attachment of PV modules to racking.

(C) Making electrical connections to combiner boxes and inverter(s), including installation of all conductors between arrays and combiner boxes, up to the load side of the inverter.

(D) All elements of system grounding utilizing wire-type conductors.

(E) Electrical connections to building electrical system including all AC connections on the line side of the inverter(s).

History

Statutory/Other Authority: ORS 455.117, ORS 479.730 & ORS 479.630
Statutes/Other Implemented: ORS 479.730 & ORS 479.630
BCD 9-2021, amend filed 09/29/2021, effective 10/01/2021
BCD 7-2021, temporary amend filed 05/27/2021, effective 05/27/2021 through 11/22/2021
BCD 7-2010, f. 6-15-10, cert. ef. 7-1-10

Division 283 ELECTRICAL TRAINING PROGRAM REQUIREMENTS: IN-PLANT TRAINING PROGRAMS FOR LIMITED JOURNEYMAN MANUFACTURING PLANT ELECTRICIANS

Or. Admin. R. 918-283-0100 Procedures for Submitting Training Proposals

The employer shall submit to the board a detailed description of the electrical training program in a recognized branch of the electrical trade the employer will conduct.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-250-0010
DC 10, f. 4-13-72, ef. 5-1-72; Renumbered from 814-022-0002

Or. Admin. R. 918-283-0110 Program Description

Program description shall include:

(1) The term of on-the-job training including any procedures for evaluating and crediting prior electrical experience of the trainee;

(2) A breakdown of work categories and the number of hours of on-the-job training to be devoted to each category;

(3) Provisions for related instructional training, including:

(a) The total hours or related training in addition to the on-the-job training;

(b) A breakdown of the related training into the segments of instruction and hours to be devoted to each segment;

(d) The name of the related training instructor and the instructor’s qualifications in subject matter or the name of the correspondence course, together with any supplemental material to be used; and

(4) The type and degree of on-the-job supervision of the trainee, including provision for assigning trainees to work under the supervision of a licensed electrical journeyman or supervising electrician to insure the safety of all employees.

(5) The employer shall establish:

(a) Procedures for periodic evaluation and reporting of the trainee’s progress and records which shall be made available to the division upon request;

(b) Methods of evaluating the trainee and reporting the evaluations at least annually to the division. Evaluations on division forms shall include rating the trainee’s on-the-job progress by the instructor or through a correspondence course; and

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-250-0015
DC 10, f. 4-13-72, ef. 5-1-72; Renumbered from 814-022-0005

Or. Admin. R. 918-283-0120 Standards for Approval of Electrical Training Programs

The following training standards for approval of programs are established. When the training program appears to prepare the trainee for the limited journeyman manufacturing plant license, the division may waive any of the following minimum requirements and approve the employer’s training program. The division shall consider the terms and conditions of any collective bargaining agreement covering work to be performed.

(1) The term of training shall be for at least four years and not more than five years including any credit given for prior experience.

(2) The on-the-job experience for a limited journeyman manufacturing plant electrician license shall provide at least 4,000 hours in the following classifications:

(a) Installation of electrical circuits, 1,000 hours;

(b) Motors and generators, 500 hours;

(d) Trouble shooting, 500 hours; and

(e) Power distribution, 1,000 hours.

(3) In addition to the 4,000 hours, the balance of the hours of on-the-job training shall be in training appropriate for the license.

(4) Related Training Classes. Classes of at least 96 classroom hours per year shall be given until a total of 384 hours is completed, or its rated equivalent in a correspondence course. Related training shall:

(a) Include fundamental electricity, electrical mathematics, the National Electrical Code, electrical theory, safety and accident training, electrical nomenclature, industrial electronics, materials, tools and equipment, layout and blueprint reading; and

(b) Be given by a qualified instructor, or through a division-approved correspondence course.

(5) The ratio of trainees employed by each employer at each plant shall not exceed one trainee to the first journeyman and one trainee to each additional two journeymen. Trainees employed on any work shift shall be under the direct supervision of a journeyman or supervising electrician on the same shift at the same plant.

(6) The trainee shall receive at least 50 percent of the journeyman’s wage paid by the employer when starting this program.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-250-0020
DC 10, f. 4-13-72, ef. 5-1-72; Renumbered from 814-022-0010

Or. Admin. R. 918-283-0130 Responsibilities of the Employer

The employer is responsible to see the trainee receives the necessary on-the-job training experience and related technical instruction.

(1) The employer shall register all trainees with the division and make annual trainee progress reports on division forms. No later than at the end of five years, the employer shall notify the division and the trainee of trainee’s eligibility to take the examination.

(2) The division shall furnish each registered trainee in an approved program an identification card semi-annually. The identification card, signed by the Chief Electrical Inspector, shall be mailed to the employer. The employer and the trainee shall sign the card. The trainee shall keep the card in trainee’s possession while a registered trainee. The identification card serves as the trainee’s license, permitting the trainee to perform appropriate electrical work while in training and under the direct supervision of a properly licensed journeyman or supervising electrician on the same shift at the same plant. If the trainee is terminated or removed from the training program, the employer shall return the identification card to the division or notify the division in writing.

(3) The identification card shall be furnished free until the trainee passes the examination or for the maximum period allowed to complete training. If the trainee fails the examination after completion of the maximum training period, trainee’s license shall be renewed for not more than two six-month periods of training, and the trainee shall be given one opportunity during each period to pass the examination. If the trainee fails to pass the last examination, trainee’s name shall be removed from the employer’s training program, the trainee license shall be canceled, and the employer shall cease to employ the trainee on any electrical work for which trainee does not have a license.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-250-0025
DC 10, f. 4-13-72, cert. ef. 5-1-72, Renumbered from 814-022-0015

Or. Admin. R. 918-283-0140 Compliance with Approved Programs

The division may:

(1) Make periodic inspections of any employer conducting an approved electrical training program to insure the program is proceeding in the manner approved by the division and that the trainee is making satisfactory progress;

(2) Examine the training records of registered trainees, discuss the training program and the trainee’s progress with the trainee’s supervisor and related training instructor, observe the trainee in on-the-job or related training situations and interview the trainee;

(3) Investigate any evidence of an employer’s failure to register trainees in an approved electrical training program;

(4) Suspend the training program if an employer fails to submit required periodic training reports; and

(5) Investigate failures by an employer’s trainees to pass the examination.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-250-0030
DC 10, f. 4-13-72, ef. 5-1-72; Renumbered from 814-022-0020

Or. Admin. R. 918-283-0150 Procedures to Revoke Programs and Licenses of Trainees

(1) When the division has evidence the employer is not conducting approved training, the division shall notify the employer in writing of employer’s right to a hearing to present evidence in support of the training program.

(2) After hearing, the division shall determine whether the employer has failed to conduct an adequate program.

(3) If the division rules that the employer has failed to conduct an adequate program, the training program may be suspended until the employer brings the program up to approved standards.

(4) If the employer continues to fail to meet basic standards for training, the division may revoke approval of the employer as a training facility and the training licenses of those trainees registered with the employer.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-250-0035
DC 10, f. 4-13-72, cert. ef. 5-1-72, Renumbered from 814-022-0025

Division 305 ELECTRICAL CODES AND STANDARDS

Or. Admin. R. 918-305-0000 Existing Electrical Installations

Wiring installation in existing buildings in the State of Oregon that complied with the minimum electrical safety code standards, National Electrical Code or Oregon Electrical Specialty Code in effect at the time of installation shall not be considered in violation of the current minimum Electrical Specialty Code standards, unless the use or occupancy of the building is changed requiring different methods, alterations, or additions.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-2002, f. 8-1-02, cert. ef. 10-1-02
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0280 DC 12-1981, f. 9-29-1981, cert. ef. 10-1-81, Renumbered from 814-022-0135 DC 10-1972, f. 4-13-72, cert. ef. 5-1-72

Or. Admin. R. 918-305-0005 Interpretations

All electrical interpretations dated prior to October 1, 2023, issued by the Building Codes Division are withdrawn.

History

Statutory/Other Authority: ORS 479.730, ORS 455.020, ORS 455.110, ORS 479.680 & ORS 455.030
Statutes/Other Implemented: ORS 479.730 & ORS 455.610
BCD 5-2023, amend filed 09/19/2023, effective 10/01/2023
BCD 2-2021, amend filed 03/22/2021, effective 04/01/2021
BCD 9-2017, f. 9-14-17, cert. ef. 10-1-17
BCD 12-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 3-2011, f. 3-11-11, cert. ef. 4-1-11
BCD 6-2008, f. 3-7-08, cert. ef. 4-1-08
BCD 23-2004, f. 12-15-04, cert. ef. 4-1-05
BCD 19-2002, f. 8-1-02, cert. ef. 10-1-02

Or. Admin. R. 918-305-0010 Scope of the Electrical Specialty Code

The Electrical Specialty Code applies to all nonexempt electrical installations except as covered by the electrical provisions of the Oregon Residential Specialty Code and is inspected by an Electrical Specialty Code inspector.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 23-2004, f. 12-15-04, cert. ef. 4-1-05
BCD 19-2002, f. 8-1-02, cert. ef. 10-1-02
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-305-0020 Governing Codes

The applicable Electrical Specialty Code for electrical installations and alterations is:

(1) The Electrical Specialty Code provisions in effect at the earlier of a request for plan review or application for a permit; or

(2) At the option of the applicant, the current Electrical Specialty Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 470.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-305-0030 Other Codes or Publications that Impact Electrical Installations

Other codes and publications that impact electrical installations include, but are not limited to those listed below:

(1) Chapter 9 of the Oregon Structural Specialty Code relating to fire protection systems and Chapter 3 of the Oregon Residential Specialty Code relating to smoke alarm installations.

(2) ORS 455.420 requiring individual electric meters for dwelling units.

(3) The Oregon Energy Efficiency Specialty Code, and chapter 11 of the Oregon Residential Specialty Code which address the energy efficiency issues of motors, electric lighting and other electric equipment; and

(4) Chapter 16 and 17 of the Oregon Structural Specialty Code which addresses the seismic requirements of nonstructural components and special inspection requirements.

(5) Publications and requirements of the serving utility.

(6) Public Law 101-336, the Americans with Disabilities Act, Part III; Department of Justice Regulations of Friday, July 26, 1991; 28 CFR Part 36, as amended, including the 2010 ADA Standards for Accessible Design and Public Law 100-430, the Fair Housing Act and the regulations adopted thereunder.

(7) Chapter 11 of the Oregon Structural Specialty Code which relates to the Americans with Disabilities Act for mounting height requirements for electrical and communication receptacles located in affected buildings and structures.

(8) The interconnection of all net-metering facilities and solar photovoltaic systems operated as interconnected power production sources shall comply with the Oregon Electrical Specialty Code. In addition, the interconnection of all net-metering facilities utilizing solid-state inverters shall comply with OAR 860-039 Net Metering.

(9) Oregon Manufactured Dwelling Installation Specialty Code. The electrical installations shall be in accordance with the requirements of the Oregon Electrical Specialty Code.

(10) The electrical portions of the installation or product standards identified in OAR 918-306-0005. These standards are informational only and are to be used to clarify code intent. They may be used as installation guides when not specifically referenced or covered in the Oregon Electrical Specialty Code. Examples include, but are not limited to, the electrical sections of NFPA 20, NFPA 54, NFPA 99, NFPA 101, NFPA 110, NFPA 780 and NFPA 820.

(11) Electrical installation requirements for electric vehicle ready parking facilities specified in OAR 918-460-0200.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 6-2022, amend filed 06/30/2022, effective 07/01/2022
BCD 9-2017, f. 9-14-17, cert. ef. 10-1-17
BCD 12-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 21-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 4-2011, f. & cert. ef. 3-11-11
BCD 5-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 6-2008, f. 3-7-08, cert. ef. 4-1-08
BCD 29-2005, f. 12-30-05, cert. ef. 1-1-06
BCD 23-2004, f. 12-15-04, cert. ef. 4-1-05
BCD 19-2002, f. 8-1-02, cert. ef. 10-1-02
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 12-2000, f. 6-3-00, cert. ef. 7-1-00
BCD 1-2000, f. 1-6-00, cert. ef 4-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-290-0020
BCA 12-1993, f. 6-23-93, cert. ef. 7-1-93
BCA 17-1990, f. 6-27-90, cert. ef. 7-1-90
DC 13-1987, f. & cert. ef. 5-1-87, Renumbered from 814-022-0610

Or. Admin. R. 918-305-0100 Adoption of Oregon Electrical Specialty Code

(1) The Oregon Electrical Specialty Code is adopted pursuant to OAR chapter 918, Division 8.

(2) Effective October 1, 2023, the 2023 Oregon Electrical Specialty Code consists of the following:

(a) 2023 Edition of the NFPA 70, National Electrical Code (NEC), and as further amended by the division in OAR 918-305-0105 Table 1-E;

(b) 2023 Edition of the IEEE C2-2023, National Electrical Safety Code (NESC); and

(3) In the event of a conflict between the NEC and NESC requirements, the NEC requirement, as amended in subsection (2) of this rule, applies.

(4) As used in this rule:

(a) “ANSI” is the American National Standards Institute;

(b) “ASME” is the American Society of Mechanical Engineers;

(d) “NFPA” is the National Fire Protection Association.

[Publications: Publications referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 479.730, ORS 455.020, ORS 455.030, ORS 455.110 & ORS 479.680
Statutes/Other Implemented: ORS 479.730 & ORS 455.610
BCD 5-2023, amend filed 09/19/2023, effective 10/01/2023
BCD 2-2021, amend filed 03/22/2021, effective 04/01/2021
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 9-2017, f. 9-14-17, cert. ef. 10-1-17
BCD 12-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 5-2013, f. 4-12-13, cert. ef. 5-1-13
BCD 3-2011, f. 3-11-11, cert. ef. 4-1-11
BCD 6-2008, f. 3-7-08, cert. ef. 4-1-08
BCD 23-2004, f. 12-15-04, cert. ef. 4-1-05
BCD 19-2002, f. 8-1-02, cert. ef. 10-1-02
BCD 1-2000, f. 1-6-00, cert. ef 4-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-290-0010
BCA 12-1993, f. 6-23-93, cert. ef. 7-1-93
BCA 17-1990, f. 6-27-90, cert. ef. 7-1-90
DC 13-1987, f. & ef. 5-1-87, Renumbered from 814-022-0600

Or. Admin. R. 918-305-0105 Amendments to the Oregon Electrical Specialty Code

(1) The Oregon Electrical Specialty Code is amended pursuant to OAR chapter 918, division 8. Amendments adopted during the code-cycle for inclusion into the Oregon Electrical Specialty Code are placed in this rule, showing the section reference and a descriptive caption. Amendments to the Oregon Electrical Specialty Code are printed in their entirety in Table 1-E.

(2) Effective January 1, 2025, the 2023 Oregon Eectrical Specialty Code Table 1-E is amended to include errata that corrects errors and aligns section references for accuracy.

(3) Effective January 1, 2026, the 2023 Oregon Electrical Specialty Code is amended to require that microgrid equipment and distribution on the customer side of the service point must be installed in accordance with the applicable sections of the current code.

[Publications: Publications referenced are available from the agency.]

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 479.730, ORS 455.110, ORS 455.030, ORS 455.020 & ORS 479.680
Statutes/Other Implemented: ORS 479.730 & ORS 455.610
BCD 17-2025, amend filed 12/30/2025, effective 01/01/2026
BCD 13-2024, amend filed 12/23/2024, effective 01/01/2025
BCD 2-2021, amend filed 03/22/2021, effective 04/01/2021
BCD 18-2020, amend filed 09/29/2020, effective 10/01/2020
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 9-2017, f. 9-14-17, cert. ef. 10-1-17
BCD 16-2016, f. & cert. ef. 11-8-16
BCD 11-2016(Temp), f. & cert. ef. 9-7-16 thru 3-5-17
BCD 3-2015, f. 3-24-15, cert. ef. 4-1-15
BCD 12-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 5-2013, f. 4-12-13, cert. ef. 5-1-13
BCD 14-2012(Temp), f. 11-16-12, cert. ef. 1-1-13 thru 6-29-13
BCD 11-2012(Temp), f. 10-5-12, cert. ef. 1-1-13 thru 6-29-13
Reverted to BCD 3-2011, f. 3-11-11, cert. ef. 4-1-11
BCD 5-2012(Temp), f. & cert. ef. 6-7-12 thru 10-31-12
BCD 3-2011, f. 3-11-11, cert. ef. 4-1-11
BCD 6-2008, f. 3-7-08, cert. ef. 4-1-08
BCD 23-2004, f. 12-15-04, cert. ef. 4-1-05

Or. Admin. R. 918-305-0400 Electrified Fixed Guideway Passenger Railway Systems — Scope

(1) The rules contained in 918-305-0400 to 918-305-0700 shall apply to all electrified fixed guideway passenger railway systems and electrical products associated with such systems installed in the State of Oregon. Any related structure or system that is not an electrified fixed guideway passenger railway system shall be governed by the state building code as defined in ORS 455.010.

(2) Except as otherwise provided in these rules, the National Electrical Code as adopted by Oregon shall apply to all installations or repairs of all electrified fixed guideway rail systems. Installation shall be made by licensed electricians under ORS 479.630.

(3) Nothing in these rules shall be construed to:

(a) Alter or change the laws or rules applicable to persons licensed to perform installation of electrical systems or products;

(b) Exempt any electrical wiring used for general lighting or general power purposes, such as heating, cooling, ventilating, elevators or pumping equipment; or

(c) Exempt any feeder, service, switchboard, branch circuit panel board or standby power generator used in whole or in part for general building operation purposes.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.950
Statutes/Other Implemented: ORS 479.950
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0410 Electrified Fixed Guideway Passenger Railway Systems — Definitions

(1) For the purposes of OAR 918-305-0400 to 918-305-0470, unless otherwise specified, the following shall apply:

(a) “Electrified Fixed Guideway Passenger Railway” means any train, trolley, car, streetcar or other vehicle that is designed to operate on fixed rails for public transportation of passengers and is powered by service voltage equaling or exceeding 600 volts AC and less than 100,000 volts AC;

(b) “Substation” means the building or facility that houses the system or systems; and

(c) “System” or “Systems” means the electrical equipment, components and products used for traction electrification, signals, communications and fare collection equipment, or any combination thereof, used for the operation of an electrified fixed guideway passenger railway and installed, or to be installed, on the load side of the electrical utility service point, including any medium voltage AC service and distribution equipment.

(2) Unless terms are specifically defined by these rules, terms shall have a meaning as defined by the National Electrical Code (NEC), or if no NEC definition, their ordinary meaning.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.950
Statutes/Other Implemented: ORS 479.950
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0420 Electrified Fixed Guideway Passenger Railway System Permits

(1) The signature of a general supervising electrician or limited supervising electrician shall be required on each permit to aid inspections by the division and indicate responsibility under ORS 479.950.

(2) A permit is required prior to start of any electrical work. Expansion of work under a permit may be added to an existing permit prior to final inspection.

(3) A permit must be posted in a conspicuous place near the main electrical panel location. If there is no main panel installed, the permit shall be posted in a conspicuous place on the job site.

(4) An electrical permit issued to one person or firm is not transferable and shall not permit any other person or firm to perform any electrical work thereunder.

(5) Any permittee holding an unexpired permit may apply for an extension of the time within which work may be completed.

(6) Permit fees shall be charged at $69 per hour including travel and office time with a minimum charge of one hour for any and all inspections performed on that permit.

History

Statutory/Other Authority: ORS 479.950
Statutes/Other Implemented: ORS 479.950
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0430 Requests for Inspection and Notice of Results

(1) All persons who take out an electrical permit shall request an inspection within 24 hours of:

(a) The completion of any electrical installation intended to be covered or concealed or that is intended to be placed into service before the final electrical inspection; and

(b) The completion of all electrical installations for the job site covered by a particular permit.

(2) Except as provided in Section (3) of this rule, an inspecting jurisdiction, shall inspect within 48 hours of a written request for inspection unless the time for inspection is extended to a set date by mutual agreement. The 48 hours excludes Saturdays, Sundays and holidays.

(3) The inspecting jurisdiction shall inspect an installation at a remote location within a reasonable time of the request.

(a) For the purpose of this section, a “remote location” is:

(A) An inspection location that is more than 60 miles one way using the most direct route, measured from the closest of the inspector’s station, inspection office or the inspecting jurisdiction’s primary offices; or

(B) An inspection location that requires more than one hour of normal driving, one way, using the most direct route from the closest point mentioned in paragraph (A) of this subsection.

(b) For the purposes of this section, “within a reasonable time” means a response time that takes into account the time, distance and number of inspection requests, but shall not exceed seven consecutive calendar days including the date the request was received, unless the time for inspection is extended to a set date by mutual agreement. If the seventh calendar day falls on a weekend or holiday, this is extended to include the next business day.

(4) Reasonable procedures designed to provide actual notice of inspection results shall be used by all inspecting jurisdictions to notify the person requesting inspections, of the results of electrical inspection. “Reasonable procedures designed to provide actual notice” shall include posting at the job site and:

(a) Nothing more, when the installation is by an owner;

(b) Nothing more, when the installation is approved;

(A) Personal delivery to the electrical contractor or signing supervisor;

(B) Written notification by mailing, electronic mail, or fax; or

(d) By written confirmation of inspection approval if a permit holder requests confirmation.

(5) If the inspection mentioned in Sections (1) and (2) of this rule involves a cover inspection, the work cannot be covered unless:

(a) Inspection clearance is given; or

(b) The request for inspection is in writing communicated to the inspecting jurisdiction, with notice that a cover inspection is involved, no extensions are agreed to and the maximum time for making the required inspection under Sections (1) and (2) of this rule are exceeded. For the purposes of this subsection:

(A) Written request includes a letter, email, or fax transmittal; and

(B) The burden of proof is on the person requesting the electrical inspection to prove that a written request was communicated.

History

Statutory/Other Authority: ORS 479.950
Statutes/Other Implemented: ORS 479.950
BCD 14-2022, amend filed 09/29/2022, effective 10/01/2022
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0440 Correction of Defects

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0450 Electrical Products

(1) The service equipment of a system substation powered by AC shall be certified by an electrical testing laboratory or field evaluation firm approved by the State of Oregon.

(2) The DC transformation, rectification and distribution equipment within a system substation, including the traction power transformer, shall meet ANSI standards where applicable. Compliance shall be demonstrated by the operating entity by:

(a) Furnishing the required ANSI test reports upon request;

(b) Demonstrating the equipment is certified by an electrical testing agency approved by this state; or

(c) Having the equipment otherwise approved by the division as meeting applicable standards. Where there are no applicable ANSI standards for such electrical products, an exception may be granted by the division. All DC distribution equipment outside a substation is exempt from product certification.

(3) All electrical products and components installed for signaling systems are exempt from electrical product certification, the Electrical Specialty Code and the National Electrical Code. The main power supplies shall be certified by an electrical testing agency approved by this state as meeting applicable ANSI standards or otherwise be approved by the division. Where there are no applicable ANSI standards for such electrical products, an exception may be granted by the division.

(4) All electrical products installed for communications systems or components to such systems are exempt from regulation under this rule, the Electrical Specialty Code and the National Electrical Code. The main power supply shall be certified by an electrical testing agency approved by this state, or otherwise be approved by the division as meeting applicable ANSI standards. Where there are no applicable ANSI standards for such electrical products, an exception may be granted by the division.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.950
Statutes/Other Implemented: ORS 479.950
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0460 Grounding

(1) System substations shall be installed with a grounding grid to limit touch and step potentials to safe levels as recommended by IEEE 80, “Guide for Safety in Substation Grounding.” AC and low-voltage equipment shall be bonded or grounded to this grid, except as otherwise provided for the utility neutral or ground. Calculations and ground resistance test reports for every substation shall be furnished to the division prior to final inspection and maintained by the operating entity.

(2) The service neutral conductor is not required to be bonded to the substation grounding grid, provided that:

(a) A warning sign is posted on the service equipment to provide notice of potential hazards to technical persons who may have access to the service equipment. The notice shall clearly indicate that the neutral is isolated and not grounded;

(b) An isolation barrier is installed over the neutral termination within the service equipment; and

(c) The ground grid is installed in a manner that will demonstrate a ground resistance of 5 ohms or less when tested in accordance with IEEE 81, “Guide for Testing Grounding Systems.”

(3) Free-standing signal system cabinets, bungalows or buildings shall be separately grounded by means of a driven ground electrode or electrodes to obtain ground resistance of 25 ohms or less when tested in accordance with IEEE 81.

(4) 60 Hz, 120-volt AC systems for accessory power or lighting located within station platforms or substations shall meet the requirements of the Electrical Specialty Code.

(5) All service equipment receiving service voltage from the utility shall be posted with warning signs to provide notice of potential hazards to technical persons who may have access to the panel. The notice shall clearly indicate that the neutral is isolated and not grounded.

(6) All fencing located within 10 feet of a metallic railway substation, building, ground grid, bungalow or other structure shall be constructed of nonmetallic material.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.950
Statutes/Other Implemented: ORS 479.950
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0470 Appeals

(1) Appeals of decisions recommended by a deputy inspector in relation to the application of the Oregon Electrical Specialty Code shall be to the chief electrical inspector in accordance with OAR 918, division 251, provided that no notice needs to be given to any local jurisdiction.

(2) The chief electrical inspector’s determination may be appealed to the director who may consult with the Electrical and Elevator Board or other consultants on any technical issues deemed necessary by the director.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.950
Statutes/Other Implemented: ORS 479.950
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0500 Standards for Electrical Plan Submissions

A plan review shall be performed prior to the issuance of a permit. Fees shall be based on an hourly rate of $69 per hour. The plan review under these rules shall be limited to the review of the electrified fixed guideway railway system(s) being installed. Other permits and plan reviews may be required by the jurisdiction administering the state building code as defined in ORS 455.010.

History

Statutory/Other Authority: ORS 479.950
Statutes/Other Implemented: ORS 479.950
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0510 Standards for Electrified Fixed Guideway Railway Plan Review

A person performing electrical plan review shall be certified under OAR 918-311-0030 and do the following as a minimum when performing plan reviews:

(1) Load Calculations. Check load calculations for appropriateness, completeness and accuracy.

(2) Equipment. Check and determine if the equipment is:

(a) Suitable for the environment; and

(b) Properly sized and rated to meet the minimum code requirements.

(3) Service and Feeder. Check service and feeder installations for code compliance related to:

(a) Wiring method;

(b) Conduit and box fill;

(d) Clearances;

(e) Locations;

(f) Accessibility; and

(g) Service grounding conductor size.

History

Statutory/Other Authority: ORS 479.950
Statutes/Other Implemented: ORS 479.950
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0520 Time Limit for Plan Review

(1) Plan reviews shall be approved or denied within ten working days from receipt of the complete electrified fixed guideway railway system plans by the jurisdiction requiring plan review. A reviewed set of plans shall be returned to the plan applicant:

(a) If a plan is rejected, the deficiencies must be set out in writing. Upon resubmission of the necessary items, the ten-day requirement starts again;

(b) If, because of the complexity or size of the installation, additional time beyond the ten working days is required to complete the review, the jurisdiction shall notify the person taking out the electrical permit of the reasons for the delay and the date the review will be completed.

(2) Nothing in this rule shall prohibit a jurisdiction from issuing a complete or partial permit before the entire plans and specifications are submitted or approved, provided adequate information is provided showing compliance with pertinent portions of the code. The permittee proceeds at risk, without assurance that the permit for the entire installation will be granted, or that corrections will not be required including those portions permitted.

History

Statutory/Other Authority: ORS 479.950
Statutes/Other Implemented: ORS 479.950
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0600 Role of an Electrical Inspector When Inspecting Electrified Fixed Guideway Railway Systems

An electrical inspector certified under OAR 918-281-0020 shall inspect all electrified fixed guideway rail installations as provided in these rules and provide public information on the meaning or application of an electrical code provision, but shall not lay out work or act as a consultant for electrical contractors, property owners or users.

History

Statutory/Other Authority: ORS 479.950
Statutes/Other Implemented: ORS 479.950
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0700 Electrified Fixed Guideway Railway Systems — Penalty Guidelines

(1) Scope and authority. This rule sets guidelines for civil penalties for violations of any provision of the rules relating to electrified fixed guideway railway systems.

(2) "Continuing Offense" means violation of a code, rule or law on one or more additional days after having been notified that the act in question, or failure to act, is a violation.

(a) An additional day is any day, other than the first day, an offense takes place; however, defects noted by an inspector in an element of assembly or construction shall not be considered an offense if the defect is corrected and an inspection request made in no more than 20 calendar days.

(b) Notification is not dependent upon a penalty having been assessed.

(3) Amount of penalty that may be assessed by the administrator:

(a) Not more than $1,000 for each violation; or

(b) Not more than $1,000 for each day of a continuing violation.

(4) In determining the penalty amount, any appropriate factors may be taken into account, including but not limited to, prior history of violations, extent to which corrective action was taken and the element of risk or danger to any person caused by the violation.

(5) Civil penalties may be reached by stipulation or consent and may be stayed in whole or in part according to the terms of a stipulation or consent order.

(6) Civil penalties may be assessed in addition to, or in lieu of, the suspension or revocation of a license, certificate of competency or similar authority issued by the division.

(7) Procedures:

(a) Civil penalties shall be brought by staff and assessed by the administrator.

(b) If a dispute concerning the application of the rules relating to electrified fixed guideway railway systems is appealed to the director under ORS Chapter 455 or 479, or:

(A) No civil penalty shall be sought or assessed for violation of the code provision that was appealed, until after the appeal or interpretation is resolved and if corrections are necessary, they are made in not more than 30 calendar days.

(B) Notwithstanding an administrative appeal, civil penalties can be brought or assessed for failure to obtain a permit if the issues on appeal do not involve the question of whether a permit was necessary.

(C) The obligation is on the person charged, or about to be charged, with a violation to advise of an appeal under this subsection.

(c) The division shall adopt operating procedures to promote equity and uniformity in proposing the amount and terms of civil penalties and conditions under which the penalties may be modified based on the circumstances in individual cases.

History

Statutory/Other Authority: ORS 455.895 & 479.950
Statutes/Other Implemented: ORS 455.895 & 479.950
BCD 33-2000, f. 12-27-00, cert. ef. 1-1-01
BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Or. Admin. R. 918-305-0702 Photovoltaic Installations of 1MW or Greater — Penalty Guidelines

(1) Scope and authority. This rule sets guidelines for assessing civil penalties for violations of any provision of the rules or statutes relating to photovoltaic installations 1MW or greater.

(2) “Continuing Offense” means violation of a code, rule, or law on one or more additional days after having been notified that the act in question, or failure to act, is a violation.

(b) Notification is not dependent upon a penalty having been assessed.

(3) Amount of penalty that may be assessed:

(a) Not less than $4,000 and not more than $5,000 for each violation; or

(b) Not more than $1,000 for each day of a continuing violation.

(4) Civil penalties may be assessed in addition to the suspension or revocation of a license, certificate of competency or similar authority issued by the division.

(5) If anything in this rule conflicts with another rule, this rule controls.

History

Statutory/Other Authority: ORS 455.895 & 479.995
Statutes/Other Implemented: ORS 455.895 & 479.995
BCD 14-2018, adopt filed 06/26/2018, effective 07/01/2018

Division 306 QUALIFYING ELECTRICAL PRODUCTS FOR SALE OR DISPOSAL IN OREGON

Or. Admin. R. 918-306-0000 Scope and Authority for Rule

(1) The rules in OAR 918-306-0000 to 918-306-0530 deal with the different ways to qualify an electrical product for sale, disposal and installation in Oregon.

(2) Authority for rules.

(a) ORS 479.540 authorizes partial and complete product exemptions;

(b) ORS 479.610 requires products for sale in Oregon to be certified; and

(c) ORS 479.730 authorizes creation of procedures for product certifications, administration and enforcement and field evaluation of electrical products.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.540, 479.610, 479.730 & 479.760
BCD 15-2003, f. & cert. ef. 10-1-03
Suspended by BCD 12-2003(Temp), f. & cert. ef. 6-24-03 thru 10-31-03
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-306-0005 Standards for Product Evaluations

The following standards shall be adopted for use when completing product evaluation:

(1) NFPA standards on list dated October 1, 2023, maintained by the division titled “NFPA Standards”; and

(2) UL standards on list dated October 1, 2023, maintained by the division titled “UL Standards.”

History

Statutory/Other Authority: ORS 479.730, ORS 455.020, ORS 455.030 & ORS 479.680
Statutes/Other Implemented: ORS 479.730 & ORS 455.610
BCD 5-2023, amend filed 09/19/2023, effective 10/01/2023
BCD 2-2021, amend filed 03/22/2021, effective 04/01/2021
BCD 9-2017, f. 9-14-17, cert. ef. 10-1-17
BCD 12-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 23-2004, f. 12-15-04, cert. ef. 4-1-05
BCD 19-2002, f. 8-1-02, cert. ef. 10-1-02

Or. Admin. R. 918-306-0010 Overview

(1) ORS 479.610 establishes certification requirements for electrical products.

(2) The certification process generally involves inspection, testing and evaluation of the product. This is done through:

(a) Listing and application of listing label by a Nationally Recognized Testing Laboratory (NRTL);

(b) Special Deputy Evaluation and Certification. A product can be submitted to the division for certification under ORS 479.760. The special deputy procedures, rules and limitations are located in OAR 918-306-0510 to 918-306-0530; or

(c) Field Evaluation of Products. Field evaluation by a qualified field evaluation body involves inspection, testing, evaluation and application of an evaluation label.

(3) Field evaluation bodies must be compliant with 2024 NFPA 790 “Standard for Competency of Third-Party Field Evaluation Bodies” and maintain evaluation procedures in accordance with 2024 NFPA 791 “Recommended Practice and Procedures for Unlabeled Electrical Equipment Evaluation.”

(4) Field evaluation bodies are to use applicable product safety standards. The use of 2024 NFPA 791 as the criteria for evaluation of products is prohibited as stated in the purpose of NFPA 791.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 9-2025, amend filed 09/26/2025, effective 10/01/2025
BCD 9-2017, f. 9-14-17, cert. ef. 10-1-17
BCD 12-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 15-2003, f. & cert. ef. 10-1-03
Suspended by BCD 12-2003(Temp), f. & cert. ef. 6-24-03 thru 10-31-03
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-306-0340 General Requirement for Approval of Field Evaluation Bodies

(1) Approval of a Field Evaluation Body requires:

(a) The body to meet Oregon approval standards in these rules for each type of product for which it seeks approval and be approved according to OAR 918-306-0350;

(b) The field evaluation body shall be accredited by a nationally recognized accreditation body that is signatory to the International Accreditation Forum (IAF) or the International Laboratory Accreditation Cooperation (ILAC). The accreditation body shall utilize the NFPA standards referenced in OAR 918-306-0010. The field evaluation body shall include its accreditation certificate as part of its application submittal; and

(c) The name, address, phone number, and email address of the person designated as the Technical Manager for the field evaluation body is to be provided.

(2) The division’s Electrical Program Chief or designated representative reviews and approves or denies all applications and all required attachments for consideration and approval.

(3) Approval is granted when a field evaluation body submits a completed application and provides evidence to the division that all the requirements in these rules have been met. Prior to making a final determination, the division may request the applicant to submit more information and documentation.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 9-2025, amend filed 09/26/2025, effective 10/01/2025
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-306-0350 Criteria for Field Evaluation Body Applicants

The application for approval as a field evaluation body shall include a certificate of accreditation demonstrating that the field evaluation body meets the criteria in 2024 NFPA 790 for each product it seeks to evaluate. Additional criteria the department may review includes:

(1) The field evaluation body is an independent, third-party inspection company with no direct or indirect affiliation with manufacturers, suppliers or vendors of the products it evaluates;

(2) Possesses the capacity, equipment, and personnel necessary to perform the inspections, tests, and evaluations for the products it evaluates;

(3) Provides in its client agreement that it supplies technical reports to the appropriate authority having jurisdiction with information concerning safety hazards and failures, if any, to meet applicable product safety standards and to provide any information requested by regulatory agencies as well as resolution of issues found leading to the application of a Field Evaluation Body label;

(4) Is able to do all examinations, tests, evaluations and inspections for field evaluating and labeling of products for which it is approved, and limits its work to that for which it has the competency and capacity to fulfill;

(5) Has a quality control manual as provided in 2024 NFPA 790;

(6) Has personnel meeting the requirements in 2024 NFPA 790;

(7) Has test and measurement equipment meeting the requirements in 2024 NFPA 790; and

(8) Maintains records in accordance with 2024 NFPA 790.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 9-2025, amend filed 09/26/2025, effective 10/01/2025
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-306-0360 Examination Schedule for Field Evaluation Bodies

(1) Field evaluation bodies are approved for the duration of the body’s certificate of accreditation. If the accreditation does not have an expiration term the approval is for a period of three years.

(2) Field evaluation bodies must have an active certificate of accreditation for the duration of the body’s approval term. If the field evaluation body’s accreditation status changes during the approval term, the body’s approval will be suspended until the certificate of accreditation is active again.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 9-2025, amend filed 09/26/2025, effective 10/01/2025
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-306-0365 Suspension or Termination of Field Evaluation Body Approval Term

(1) Any field evaluation body failing to comply with the requirements of this section or submitting false information may have its approval term suspended or terminated for one or more electrical product categories.

(2) The division may suspend, terminate, or refuse to renew the approval term of any field evaluation body found to be in non-compliance with the requirements of the State of Oregon.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 9-2025, adopt filed 09/26/2025, effective 10/01/2025

Or. Admin. R. 918-306-0375 Field Evaluation Bodies Approved Prior to October 1, 2025

(1) Certifications for field evaluation bodies that were approved prior to October 1, 2025, will expire on September 30, 2026.

(2) Field evaluation bodies that were approved prior to October 1, 2025, can apply for approval under this division of rules prior to September 30, 2026.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 9-2025, adopt filed 09/26/2025, effective 10/01/2025

Or. Admin. R. 918-306-0380 Field Evaluation Body Quality Control Manual

The field evaluation body shall:

(1) Maintain a quality control system to assure accuracy and technical integrity;

(2) Have a quality control manual or a body operations control manual with written procedures, references and information covering evaluation of each product for which approval is sought. The contents must be adequate to guide a testing technician or inspector through the required tests and inspection; and

(3) Keep an updated copy of all applicable manuals and standards at the work site for use by body personnel and make manuals available to the division for review and audit.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 9-2025, amend filed 09/26/2025, effective 10/01/2025
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-306-0390 Field Evaluation Body Personnel

(1) Body personnel shall be competent to perform the tests, examinations, reevaluations and inspections for field evaluation of each product for which approval is sought.

(2) Staff competency shall be verified at least annually by observations and/or examinations by qualified persons selected by the Technical Manager having technical responsibility for the body’s field evaluation operations.

(3) A training program to assure new or untrained staff will be able to perform tests and inspections properly and uniformly to the requisite degree of precision and accuracy shall be maintained.

(4) The body shall maintain records, including dates of training, observation or examination of personnel performance.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 9-2025, amend filed 09/26/2025, effective 10/01/2025
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-306-0400 Field Evaluation Body Electrical Equipment Evaluation

The firm shall calibrate, verify and maintain its test and measurement equipment used to conduct any field evaluation. It shall maintain:

(1) A description of the procedures used in calibrating, verifying and maintaining the test equipment, including as applicable:

(a) Calibration and verification equipment or services used;

(b) Reference standards and materials used;

(d) Specified maintenance practices.

(2) Calibration and verification records, including as applicable:

(a) Equipment description or name;

(b) Name of manufacturer;

(d) Equipment variables subject to calibration and verification;

(e) Statement of the instrument’s allowable error and tolerances of readings;

(f) Calibration and verification schedules (intervals);

(g) Dates and results of last calibrations including “as received” results or verifications and schedule of future calibrations or verifications;

(h) Name of laboratory person or outside contractor providing the calibration or verification service;

(i) Traceability to National Institute of Standards and Technology or other standard reference authority as required.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 9-2025, amend filed 09/26/2025, effective 10/01/2025
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-306-0410 Field Evaluation Body Records

(1) The body shall maintain reports and supporting data as records of evaluation activities associated with each product inspected and tested. for which approval is sought. The firm shall make available to the division, upon request, a typical completed test or inspection report deleting the name of the client and installation location.

(2) Test and inspection reports shall be retained for at least three years and contain as applicable the elements identified in 2024 NFPA 791:

(a) Name and address of the evaluation firm;

(b) Pertinent dates and identification of tests or inspections;

(d) An appropriate title;

(e) Identification of the test, inspection or procedure as specified for the field evaluation program;

(f) Known deviations, additions to or exclusions from testing, inspection and evaluation activities to be appropriate to new or innovative products not contemplated by the standard;

(g) Measurements, examinations, derived results and identification of test anomalies;

(h) A statement whether or not the results comply with the requirements of the standard;

(i) Name of the person completing the inspections, testing and evaluation and the signature of the person having responsibility for the report;

(j) Data generated during testing if not included in the test report, such as raw data, calculations, table, graphs, sketches and photographs;

(k) Records of its quality control checks and audits for monitoring its test work associated with its evaluation programs.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 9-2025, amend filed 09/26/2025, effective 10/01/2025
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-306-0510 Special Deputy Certification Procedures

When a product is accepted for special deputy certification under ORS 479.760:

(1) A division inspector determines if the product meets applicable minimum safety standards adopted by the board by:

(a) Examining the product and its components for compliance with applicable board-approved standards;

(b) Reviewing the assembly of labeled, listed, recognized or noncertified components for correct and applicable application, installation and circuit protection. Noncertified components are subject to the requirements of ORS 479.760(2); and

(2) A certification label is attached by the special deputy inspector on the product, or placement of a certification label is authorized.

History

Statutory/Other Authority: ORS 479.760
Statutes/Other Implemented: ORS 479.760
BCD 15-2003, f. & cert. ef. 10-1-03
BCD 12-2003(Temp), f. & cert. ef. 6-24-03 thru 10-31-03
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-306-0520 Submission Requirements for Product Approval by Special Deputy

Applications for:

(1) Product approval by a special deputy shall be accompanied by a specimen, sample or prototype, or advice on the location of a site-specific or use-specific product that was field assembled, and engineering data, wiring diagrams and other test data available to evaluate the product; and

(2) Certification of production produced in volume shall, in addition to section (1) of this rule, provide documentation of the quality control process proposed to be used in the manufacturing, assembly or production of the product.

History

Statutory/Other Authority: ORS 479.760
Statutes/Other Implemented: ORS 479.760
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-306-0530 Fees and Procedures

(1) Applicants requesting product approval by special deputies shall pay hourly fees in OAR 918-309-0070 for “other inspections” or any successor rule. If it is determined by the division testing or evaluation through a laboratory or engineering firm is needed, the person requesting special deputy certification shall pay the company doing the testing or evaluation directly.

(2) Inspection fees shall be paid prior to inspection. If the exact amount cannot be determined in advance, an amount sufficient to pay the estimated fee shall be deposited with the division prior to inspection. Any portion of the deposit not required for the fee shall be refunded to the applicant upon written request.

History

Statutory/Other Authority: ORS 479.760
Statutes/Other Implemented: ORS 479.760
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Division 308 ELECTRICAL PROGRAM MUNICIPAL ADMINISTRATION

Or. Admin. R. 918-308-0000 Electrical Delegation Rules

(1) The rules in OAR 918-308-0000 to 918-308-0430 shall be referred to as the Electrical Delegation Rules.

(2) For the purposes of OAR chapter 918, division 308, unless otherwise specified, “third party” means a person or business required to be licensed under ORS 455.457.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 17-2016, f. 12-28-16, cert. ef. 1-1-17
BCD 12-2016(Temp), f. & cert. ef. 9-29-16 thru 3-27-17
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

Or. Admin. R. 918-308-0010 Standards for Delegation

Municipalities seeking initial delegation of an electrical program under ORS chapters 455 and 479 shall meet the requirements of OAR 918-308-0010 to 918-308-0180. Administration and enforcement of the electrical program shall only be delegated under ORS 479.855 to municipalities meeting the following minimum performance standards:

(1) The municipality shall be ready, willing and able to fully operate the electrical program on the effective date of delegation, July 1, except when a municipality is assuming the program from the division.

(2) The municipality shall create and maintain minimum services at least each weekday, excluding holidays as defined in ORS 187.010, to include electrical administrative, enforcement, and inspection services. Minimum administrative, enforcement, and inspection services include the “Ongoing Requirements” in the Electrical Delegation Rules.

(3) Operation of the program shall be financially feasible without unduly increasing short or long-term costs of electrical inspection services to the public, both in the areas delegated and, if applicable, the remaining program in the surrounding area. To be considered financially feasible, the municipality must:

(a) Demonstrate that feasibility to the satisfaction of the Board by providing:

(A) Projected electrical program revenue for the first two years of program operation, which is based on the program revenues collected for work in that municipality by the current service provider for the most recent four fiscal years preceding the date of application;

(B) Projected electrical program activity for the first two years of program operation, which is based on the permits issued for work in that municipality by the current service provider for the four most recent fiscal years up to the date of application;

(C) Projected electrical program expenses for the first two years of program operation which includes the plan review and inspection staff necessary to serve projected program activity; and

(D) Any other information as requested by the Board.

(b) Agree, as a condition of delegation, to indemnify the State for any and all claims related to any personal injury, death, or property damage arising from any act, omission, or error on the part of the municipality in the operation of the electrical program;

(c) If contracting with a third party to provide some or all of the services of the jurisdiction’s electrical program, include a provision in its contract with the third party in which the third party agrees to indemnify the municipality and the State for any and all claims related to any personal injury, death, or property damage arising from any act, omission, or error on the part of the contractor in its work for the municipality’s electrical program;

(d) Agree, as a condition of delegation, that it shall not adopt or implement any fee increases for the first two years of its initial operation term;

(e) Carry a minimum of $1,500,000 per occurrence of insurance against tort liability and property damage arising out of acts, errors, and omissions in its operation of the electrical program; and

(f) If contracting with a third party to provide some or all of the services of the jurisdiction’s electrical program, demonstrate that the third party carries a minimum of $1,500,000 per occurrence of insurance against tort liability and property damage arising out of the acts, errors, and omissions in its work for the municipality’s electrical program.

(4) The municipality shall demonstrate its ability to carry out the proposed electrical program.

(5) The requirements in the Electrical Delegation Rules are in addition to rules adopted by the department in OAR 918-020-0070 through 918-020-0220 for municipalities that apply to undertake inspection programs. When any provision of this section conflicts with or contains greater, more stringent, or more detailed requirements than another section of this division, this section shall control.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
BCD 17-2016, f. 12-28-16, cert. ef. 1-1-17
BCD 12-2016(Temp), f. & cert. ef. 9-29-16 thru 3-27-17
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 8-2008(Temp), f. & cert. ef. 6-19-08 thru 12-15-08
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0100
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0020 Check List for Application for Delegation of Electrical Program

Except when a municipality requests responsibility for an electrical program administered by the division, a municipality seeking delegation or renewal of delegation of the electrical program shall:

(1) Comply with ORS 455.148 or 455.150; and

(2) File an application for delegation of the electrical program under the Electrical Delegation Rules, if the municipality is applying for delegation for the first time. The application shall:

(a) Be filed by the governing body of the municipality by October 1 prior to the year for which delegation is sought;

(b) Be based on a resolution of the municipality formally authorizing the application, and representing if the application is granted, that the municipality and all persons under it will comply with and be bound by the Electrical Delegation Rules;

(d) Include an operating plan showing it meets the minimum standards for delegation in the Electrical Delegation Rules; and

(e) Note any differences in services or inspections from present services and inspections to be provided upon delegation.

(3) If the municipality is requesting its first renewal, it shall file relevant amendments or updates to its initial application and note this is its first renewal application.

(4) A municipality requesting delegation of the electrical program administered by the division must meet the requirements of ORS 455.148(7) and 11(c). Notwithstanding the timelines in 455.148(11)(c), a municipality assuming the program from the division must submit an assumption plan prior to administering the program.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
Reverted to BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 12-2016(Temp), f. & cert. ef. 9-29-16 thru 3-27-17
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 8-2008(Temp), f. & cert. ef. 6-19-08 thru 12-15-08
BCD 36-2002, f. 12-31-02, cert. ef. 1-1-03
BCD 28-2002(Temp), f. & cert. ef. 10-1-02 thru 3-29-03
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0130
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0030 Check List for Proposed Ordinance

The proposed ordinance establishing the municipal electrical program shall, among other things, adopt:

(1) The Oregon Electrical Specialty and Oregon Residential Specialty Codes by reference;

(2) Identical or compatible administrative provisions for the electrical program, including requirements for permits and authority to issue stop work and correction orders;

(3) Enforcement authority dealing with persons who start work without permits, fail to call for inspections, fail to make corrections, or otherwise violate the electrical requirements;

(4) Plan review requirements, if any;

(5) Minor label and bulk label procedures, as applicable;

(6) Temporary permit procedures; and

(7) Electrical fees.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0140
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0040 Check List for Operating Plan and Documentation

An “operating plan” is the municipality’s strategy for carrying out the goals and objectives of its electrical inspection program. “Strategy” means what, how, and when it will be done. The operating plan for a municipality assuming the electrical program from another municipality shall include:

(1) Strategies and written agreements, where relevant, for handling the transition from the losing municipality to applicant, including arrangements made for:

(a) Open permits and inspections ongoing as of July 1;

(b) Enforcement actions pending on July 1;

(d) Informing contractors and others of the changeover of inspecting jurisdictions, jurisdictional boundaries and requirements covering permits and procedures, inspection procedures, temporary permit procedures, plan review requirements, and fees; and

(e) Employees presently providing the electrical inspection services in the area covered by the application and how applicant will deal with ORS 236.605:

(A) If the matter was resolved by the applicant and losing jurisdiction, or with the jurisdiction and the inspector, provide a copy of the agreement and a statement by applicant’s municipal counsel that all employee rights under ORS 236.605 were preserved;

(B) Any assertion that ORS 236.605 is not applicable to the transaction must be from applicant’s municipal counsel.

(2) Strategies for electrical operations including:

(a) Inspectors and inspections:

(A) When will certified electrical inspectors be hired, how will applicant be operational by July 1, and how will inspectors be used to carry out the program;

(B) Where more than one inspection office is involved, how will inspectors be deployed;

(C) If the electrical program is offered jointly with another municipality or parts of another municipality, the agreement between municipalities, which ordinances will apply in the different areas, what offices and staff assignments will be made and what boundaries are involved; and

(D) If electrical services will be provided by a contractor, the operating plan to be followed including inspection, coverage of prolonged absences and administration and an agreement by the contractor to be bound by the Electrical Delegation Rules.

(b) Code interpretations. How will code interpretations be provided and when will electrical inspectors be available to provide them. This should cover each office;

(c) Conflict resolution. How will conflicts in electrical code interpretations between inspectors, or inspectors and the public, be resolved at the local level, what rights of appeal will the public be advised of, and how will conflicts of interest involving staff be resolved;

(d) Plan review. Will plan review be required and if so, which installations require plan review;

(e) Turn-around time. What will be the response time to inspection requests, what correction notices will be used, when will reinspection be required, and how and where will permit and inspection records be kept. If a contractor is used, will contractor records be made available at the municipality’s offices in the event of a review of electrical operations. Attach related forms to be used;

(f) Enforcement. How and when will license checks and permit and code compliance be monitored, who will be involved and how will corrections be enforced. If the electrical inspector is not full time with the municipality, who will do license checks and other enforcement during the inspector’s absence;

(g) Use of labels. What labels will be used and what internal procedures will be followed for minor installation labels and bulk labels if the municipality uses bulk labels;

(h) Temporary permits. What temporary permit procedures are adopted by the municipality to deal with OAR 918, division 309 or for days during a regular workweek when the municipality is not open for permit sales;

(i) Forms and records. What electrical permit application, appeal, and other forms will be used and where will formal permit and inspection records be kept. Attach forms;

(j) Accounting. How will electrical revenues, direct and indirect including interest earned, be segregated from other revenues and accounted for; how will payments from and charges to that account be accounted for; and if there are electrical surpluses, will these be carried over for the electrical program between fiscal years. How will overhead, including all administrative costs, be allocated;

(k) Projections. What is applicant’s projection for electrical income and expenses for the fiscal period for which the application is filed and what assumptions, such as growth or increased inspections, are relied on. What are the projections for following periods if losses are projected for the first period. If losses are projected, how these will be funded. If a contractor is used, show projections for the municipality and the contractor.

(l) Contingency plan. A plan for “back-up” inspection services.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 8-2008(Temp), f. & cert. ef. 6-19-08 thru 12-15-08
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0150
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0050 Effect of Delegation on Losing Municipality

(1) The division shall request the municipality losing inspection territory to provide:

(a) Projected revenue loss if the area involved is delegated, strategies for operations and advice if fee increases will be necessary to sustain its electrical program;

(b) Estimates of impact on staffing and continuity of services on remaining territory;

(d) Estimated monthly number of calls for electrical inspections and days per week required to serve the area.

(2) Responses from the losing municipality shall also be provided to applicant.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0160
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0060 Delegation Review and Approval Process

(1) The division shall, after review of the application, submit the application to the board for comments and recommendations, and grant or deny the application, or seek clarification or corrections. If additional information or technical corrections are necessary, comments may be provided and the municipality may be allowed to submit changes.

(2) If a complete and acceptable plan is not on file by January 1, the request for delegation shall be denied for that year. An extension may be granted if agreed to by the municipality, division, and county involved, if the municipality is a city.

(3) If a municipality whose authority was previously revoked reapplies for delegation of the electrical program, it shall, in addition to its application, show how past deficiencies were corrected and how they will be prevented in the future.

(4) A new delegation of authority shall be provisional for a year. A municipality receiving a provisional delegation shall amend its application, if necessary, to reflect desired changes. If no amendments are filed by January 1, the prior application shall be used. The division shall make site visitations as necessary to inform itself of how the electrical program is being administered and how the operating plan is being followed and file its report with the application. Once the application is renewed no new applications are necessary unless the delegation is revoked or yielded by the municipality.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 36-2002, f. 12-31-02, cert. ef. 1-1-03
BCD 28-2002(Temp), f. & cert. ef. 10-1-02 thru 3-29-03
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0170
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0070 Filing of Municipal Ordinance and Review of Operations

Within 60 days of delegation of the electrical program, the municipality shall file its electrical program ordinance, including adoption of local fees, with the division.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0200
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0080 Updating by Existing Municipalities

(1) If a municipality is unable to implement the program following delegation, the municipality shall notify the division explaining why and outlining how enforcement will be accomplished.

(2) Municipalities with ongoing electrical programs shall update their ordinances and operating plans, to reflect current operations according to the Electrical Delegation Rules.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0210
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0090 Employment of Electrical Specialty Code Electrical Inspector

(1) Each municipality shall employ at least one electrical inspector certified to inspect under the Oregon Electrical Specialty Code. This requirement may be satisfied by contracting with another municipality having a qualified inspector. Regardless of how the staffing is provided, the minimum operating requirements in these rules shall also be met.

(2) The municipality shall provide the division with names and qualifications of its certified inspectors for general electrical and for one- and two- family dwelling inspections.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0250
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0100 Public Contact Procedure

Each office having electrical inspectors shall publicize and post regular office hours providing at least one hour per day when electrical inspectors are available to take calls and provide interpretations.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0260
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0110 Code Interpretation Dispute Resolution

Municipalities shall provide:

(1) A reasonable method to resolve conflicts in code interpretation within the municipality; and

(2) Information concerning appeal rights to the division under ORS 479.853.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
Reverted to BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0270
Suspended by BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0270
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0120 Permit Sales Office

A municipality shall establish at least one office within each noncontiguous service area where electrical permits can be obtained directly or have self-issuing or temporary permit procedures for all regular work days, which excludes weekends and holidays.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0280
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0130 Electrical Permits

Notwithstanding OAR 918-309-0010, which requires uniform permit forms and procedures, a municipality may include legal descriptions of the property where the electrical installation will be made or other information on the electrical permit application as long as the permit applicant is not required to provide the information.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0290
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0140 Internal Operations

The municipality shall have written handouts or instructions on:

(1) Whether electrical plan review is required and when plan review is required; and

(2) How the municipality will deal with the temporary permit requirements.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0300
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0150 Plan for Inspection Operations

The municipality shall:

(1) Offer and provide inspection services within its service area excluding weekends and holidays, to meet the electrical 48-hour inspection notice requirements in the inspection section of the electrical rules.

(2) Establish a written policy showing estimated response time for inspection requests, how and when correction notices will be used, when reinspection will be required, and how and where permit and inspection records will be kept.

(3) Provide inspections normally between 7 a.m. and 6 p.m. unless otherwise agreed to by the inspecting authority and the permit holder.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0320
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0160 Plan for Compliance

(1) The municipality shall have a plan on how electrical permit and code violations will be handled. It shall have an ordinance allowing enforcement actions for violations.

(2) The plan shall describe in detail how the municipality will carry out compliance actions, including the number of staff members who will perform investigations, qualifications of those staff members, number of days per week those staff members will conduct investigations, and a description of how those staff members will conduct checks for electrical licensure on jobsites, including how jobsites will be identified and selected for investigation.

(3) The municipality shall report data as required by the Board and shall annually report compliance actions taken pursuant to the enforcement of the electrical inspection program.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 17-2016, f. 12-28-16, cert. ef. 1-1-17
BCD 12-2016(Temp), f. & cert. ef. 9-29-16 thru 3-27-17
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0330
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0170 Accounting Plan

The municipality shall have an accounting system which segregates electrical revenues, shows the source of electrical income including interest earned on held funds, shows charges, and where electrical revenues were spent. If overhead charges to the inspecting organization are based on allocations, the allocations must be supportable under general accounting principles.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0340
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0180 Formation of Municipal Program

(1) Municipalities combining electrical programs shall, to the extent practicable, centralize administration and use similar procedures, regulations, permit application, and permit fees within the area served.

(2) Nothing in this rule prevents a municipality from being served by more than one combination of municipalities.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018
BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0350
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0190 Review and Update of Plans and Ordinances

Each municipality shall annually review and update its electrical ordinance and operating plan to meet the requirements of the Electrical Delegation Rules.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0400
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0200 Amendment of Plans by All Municipalities with Electrical Programs

All municipalities providing electrical inspections shall submit:

(1) Ordinance amendments and intended effective dates and change of electrical fees, regardless of whether fees are adopted by ordinance, at least 45 days prior to the adoptive date.

(2) Amendments and intended effective dates regarding the operating plan at least 30 days prior to implementation.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 36-2002, f. 12-31-02, cert. ef. 1-1-03
BCD 28-2002(Temp), f. & cert. ef. 10-1-02 thru 3-29-03
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0410
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0210 Automatic Renewal

(1) A municipality finishing its first term of operations under its delegation must reapply for delegation the second term as provided in the Electrical Delegation Rules.

(2) Subject to OAR 918-020-0070 through 918-020-0220, once a municipality receives a renewal of delegation when it provides subsequent timely notice prior to January 1, as required by ORS 455.148 and 455.150, the electrical delegation is continued without further action by the division, unless during the interim the division revokes the delegation.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 36-2002, f. 12-31-02, cert. ef. 1-1-03
BCD 28-2002(Temp), f. & cert. ef. 10-1-02 thru 3-29-03
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-300-0420
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93

Or. Admin. R. 918-308-0300 Review of Municipality Program

(1) The division shall conduct a comprehensive review of each municipality delegated administration of the electrical program at least every five years.

(2) A comprehensive review shall be conducted by a minimum team of:

(a) One local building official;

(b) One electrical contractor or contractor's representative;

(c) Division chief electrical inspector or Oregon Electrical Specialty Code inspector if the chief inspector is unable to serve; and

(d) One division representative;

(e) Optionally, a general contractor registered with the Construction Contractors Board, if nominated by the municipality involved;

(f) Optionally, additional persons, depending on the size and complexity of the municipality involved, as determined and selected by the division.

(3) A single-purpose review shall be conducted by the division chief electrical inspector or designee and others selected by the division if the operations of the municipality are at variance with its approved operating plan.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0010
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0310 Notice of Review

(1) The division shall notify a municipality 60 days in advance of a comprehensive review.

(2) The division shall notify a municipality at least 48 hours in advance of a single purpose review.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0020
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0320 Initial Interview

(1) The division shall conduct an initial interview with the building official or designated representative as the first step in the comprehensive review process.

(2) The initial interview shall give the building official or representative an understanding of the manner in which the review will be performed.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0030
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0330 Review of Records

(1) The municipality shall maintain and make records available for division review. For the purpose of this rule except where the context requires otherwise, a "previous year" is the last full fiscal year for the municipality. The required records are:

(a) Electrical permits issued during the previous two years;

(b) Minor installation labels issued during the previous year;

(d) Written code interpretations made during the previous two years;

(e) Written or recorded complaints about the program lodged with the municipality and disposition of the matters for the previous fiscal year; and

(f) Records of revenues from electrical permits, inspections, and penalties, and expenses incurred in the administration and enforcement of the electrical program for the previous fiscal year.

(2) The municipality shall report the number of electrical, structural, mechanical, plumbing, and manufactured structures set-up permits issued, the number of minor labels issued, and the number of electrical inspections performed by the municipality during the previous fiscal year.

(3) The program review team:

(a) Will review the operating plan for program delegation submitted to the division under these rules to determine if the municipality is following the plan;

(b) May require additional financial information if municipal records do not satisfactorily show application of permit and inspection funds, including interest, to the electrical program or shows charges not related to the electrical program.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150
BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0040
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0340 Inspection Review

The division shall reinspect jobs previously inspected by municipality inspectors and accompany municipality inspectors on inspections.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0050
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0350 Inspector Performance Ratings

(1) During a comprehensive review, the division shall review selected electrical inspections.

(2) The reviewer shall assess points for any electrical violation not noted by the inspector on the following basis:

(a) Ten points for each mandatory item in OAR 918, division 271;

(b) One-tenth point for each secondary item in OAR 918, division 271.

(3) An individual performance rating for selected municipality inspectors shall be determined by dividing the total points assessed for all inspection items missed by the number of inspections reviewed.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0060
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0360 Program Inspection Rating

An inspection rating for the municipality program shall be determined by dividing the combined points assigned for all inspections reviewed pursuant to these rules by the total number of inspections reviewed.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0070
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0370 Exit Interview

(1) Immediately following completion of a comprehensive review, the division shall conduct an exit interview with the building official or designated representative.

(2) The exit interviewer shall provide:

(a) The general result of the review;

(b) Formal notification of any items requiring immediate attention; and

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0080
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0380 Program Report

The division shall provide the municipality a written report of its findings within 60 days of completion of a comprehensive review or within 15 days of completion of a single-purpose review.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0090
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0400 Deficiency Citation

(1) Notice of deficiencies shall only be issued following a comprehensive or single-purpose review of the municipal electrical program.

(2) A notice of deficiency shall be served on the building official by certified mail when:

(a) The municipality has an inspection rating of over 6.0;

(b) Any inspector has an inspection rating over 8.0;

(d) The municipality fails to comply with the the Electrical Delegation Rules.

(3) Within 30 days from the date of receipt of the deficiency notice, the municipality shall file with the division a written proposal for correcting the deficiencies noted in the audit report. The proposal shall include:

(a) Specific methods by which the municipality intends to correct the deficiencies; and

(b) A proposed timeline for completing the corrections.

(4) The division shall review the proposed correction plan and notify the municipality in writing of any items in the plan found to be unsatisfactory. The division shall set a date for submission of the final correction plan.

(5) Subject to OAR 918-308-0410 providing for a contested case hearing, if no objection is made, it will be presumed that the municipality agrees to the terms of the deficiency notice or correction requirements.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-304-0010
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0410 Appeal of Deficiency Citations

A municipality aggrieved by a notice of deficiency or the denial of proposed correction procedures may ask for a contested case hearing under ORS Chapter 183 and the Attorney General’s Model Rules of Procedure.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-304-0020
BCA 21-1993, f. 10-5-93, cert. ef. 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0420 Notice of Program Revocation

(1) A municipality shall be considered to be failing to comply with standards adopted by the board or as not effectively carrying out duties assumed by the municipality under ORS 479.855 if it:

(a) Receives an inspection rating that exceeds 6.0 and fails to submit an acceptable correction plan; or

(b) Fails to submit a corrective plan after receiving a notice of deficiency.

(2) The provisions of section (1) of this rule are not intended to limit the conditions when the division can seek revocation under ORS 479.855.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-304-0030
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-308-0430 Appeal of Program Revocation

A municipality served with a notice of proposed program revocation under ORS 479.855 may ask for a contested case hearing under ORS Chapter 183 and the Attorney General’s Model Rules of Procedure.

History

Statutory/Other Authority: ORS 479.855
Statutes/Other Implemented: ORS 479.855
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-304-0040
BCA 21-1993, f. 10-5-93, cert. ef 12-1-93
BCA 11-1988, f. & cert. ef. 7-20-88

Division 309 ELECTRICAL PERMITS AND FEES

Or. Admin. R. 918-309-0000 Electrical Permits

(1) Except as provided by OAR 918, division 282, dealing with restricted energy transactions, limited maintenance specialty contractor-HVAC/R, and registered telecommunications service provider, the signature of a signing supervising electrician or limited supervising electrician must be required on each permit to aid inspections by the division and indicate responsibility under ORS 479.710. Any person providing false or incorrect information or false or an incorrect signature to obtain a permit may be subject to compliance action by the board.

(2) The following may purchase electrical permits:

(a) Electrical contractors; and

(b) Registered telecommunications service providers (TSP) as defined in ORS 759.005, including competitive carriers, competitive local exchange carriers (CLEC) and telecommunications utilities. These telecommunications service providers are listed as such by the Public Utilities Commission (PUC).

(3) A permit is required prior to start of electrical work. See OAR 918-309-0080 for temporary permit criteria. Expansion of work under a permit may be added to an existing permit prior to final inspection.

(4) A permit must be posted in a conspicuous place near the main electrical panel location. If there is no main panel installed, the permit must be posted in a conspicuous place on the job site.

(5) An electrical permit, other than a restricted energy electrical permit as provided in OAR 918-309-0400, issued to one person or firm is not transferable and may not permit any other person or firm to perform any electrical work thereunder.

(6) Any permittee holding an unexpired permit may apply for an extension of the time within which work may be completed.

(7) Permits issued by an inspection jurisdiction under the provisions of the Oregon Electrical Specialty Code and these rules expire and become null and void if the work authorized by the permit is:

(a) Not started within 180 days from the date of permit issuance; or

(b) Suspended or abandoned for a period of 180 days after the work is started.

(8) Corrections to electrical installations must be completed regardless of 180-day suspension or abandonment of work. All corrections to electrical installations must be completed within 20 calendar days of notice of deficiency. See OAR 918-271-0030 for requirements.

(9) In addition to other signing supervising electricians, the following are authorized to sign permits:

(a) A person whose qualifications are relied upon for licensing under OAR 918-282-0140 is a “supervisor” under ORS 479.560 and can sign for electrical permits or labels for work under a limited maintenance specialty contractor-HVAC/R license;

(b) A Class “A” or Class “B” limited energy technician can sign permits or labels for 100 volt-ampere or less electrical installations performed by those licensees;

(A) A Class “A” or “B” limited energy technician when the electrical installation is within the scope of the person’s license;

(B) Persons whose qualifications are relied upon for the issuance of a restricted energy electrical contractor license under OAR 918-282-0060; and

(C) Any other electrical licensee authorized to sign a permit provided the work is within the scope of the person’s license.

(10) No electrical permit is required:

(a) To replace light bulbs, fluorescent tubes, or approved fuses, or to connect approved portable electrical equipment to permanently installed and properly wired receptacles;

(b) For experimental electrical work or testing of electrical products in testing laboratories of electric shops, educational institutions, industrial plants, or recognized testing laboratories;

(d) To install components exempted by OAR 918, division 261;

(e) To replace an existing garbage disposal, dish washer, electric water heater or similar appliance of 30 amps or less, single phase; or

(f) To install cord and plug connected Class 2 irrigation control systems.

(11) Unless noted otherwise in these rules, a permittee is entitled to two inspections for each electrical installation or portion thereof for which a permit fee is assessed. The total number of inspections under a permit are aggregated and used to inspect any of the installations under the permit. A permittee is considered to have received an inspection only when the permittee has requested and received an inspection from the municipality. Inspections are counted based on a single visit, in person or through an approved electronic inspection method, to a job site. See examples in Table 2-E.

[Publications: Publications referenced are available from the agency.]

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 479.560
Statutes/Other Implemented: ORS 479.560 & 479.870
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 4-2016, f. & cert. ef. 4-1-16
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 5-2003, f. 3-14-03, cert. ef. 4-1-03
BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 16-1997, f. 9-30-97, cert. ef. 10-1-97
BCD 7-1997, f. & cert. ef. 4-1-97
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0190
BCA 11-1992, f. & cert. ef. 6-26-92
BCA 2-1992(Temp), f. 2-28-92, cert. ef. 3-18-92
BCA 16-1988, f. & cert. ef. 7-20-88
DC 5-1984, f. & cert. ef. 2-24-84, Renumbered from 814-022-0125
DC 17-1983, f. & ef. 7-21-83
DC 12-1983(Temp), f. 6-10-83, ef. 7-1-83
DC 20-1982, f. & ef. 9-21-82
DC 10-1982, f. & ef. 3-1-82
DC 12-1981, f. 9-29-81, cert. ef. 10-1-81
DC 54-1975, f. 9-5-75, cert. ef. 10-1-75
DC 49-1975(Temp), f. 6-30-75, cert. ef. 7-1-75
DC 41-1975, f. 1-20-75, cert. ef. 2-11-75
DC 10-1972, f. 4-13-72, cert. ef. 5-1-72

Or. Admin. R. 918-309-0010 Electrical Permit Form and Format

The division has adopted a:

(1) Standardized statewide electrical permit application format; and

(2) Uniform statewide method for calculating permit fees:

(a) Fees can only be charged for the categories and under the procedures and requirements established in OAR 918, division 309.

(b) The fees set out in OAR 918-309-0070 are for state permits. Local jurisdictions may set different fees as authorized by ORS 479.845.

(c) The fees established for the various categories adopted in this rule shall be inserted in the permit application form for local jurisdictions.

(d) The surcharge required by ORS 455.210 and 455.220 shall be added to the fees established.

History

Statutory/Other Authority: ORS 479.560
Statutes/Other Implemented: ORS 479.870
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0200
BCA 10-1991, f. 4-26-91, cert. ef. 7-1-91
BCA 6-1991(Temp), f. 3-21-91, cert. ef. 7-1-91
BCA 16-1990, f. 6-27-90, cert. ef. 7-1-90
BCA 11-1990(Temp), f. & cert. ef. 5-11-90
BCA 8-1987, f. & cert. ef. 9-18-87, Renumbered from 814-022-0126
DC 8-1986, f. & cert. ef. 5-5-86
DC 5-1984, f. & cert. ef. 2-24-84

Or. Admin. R. 918-309-0020 State Electrical Permit Fees

The Building Codes Division electrical fees and method of computation of electrical permit fees are established in OAR 918-309-0030 to 918-309-0070.

History

Statutory/Other Authority: ORS 455.020 & 479.870
Statutes/Other Implemented: ORS 455.020 & 479.870
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0210
BCA 10-1991, f. 4-26-91, cert. ef. 7-1-91
BCA 6-1991(Temp), f. 3-21-91, cert. ef. 7-1-91
BCA 16-1990, f. & cert. ef. 6-27-90
DC 7-1983, f. & ef. 3-11-83, Renumbered from 814-022-0108
DC 10-1982, f. & ef. 3-1-82
DC 12-1981, f. 9-29-81, ef. 10-1-81
DC 10-1979, f. & ef. 6-8-79
DC 5-1979(Temp), f. & cert. ef. 3-5-79
DC 1-1979, f. & cert. ef. 1-5-79
DC 102-1977, f. & cert. ef. 11-1-77
DC 74-1976, f. 5-21-76, cert. ef. 8-1-76

Or. Admin. R. 918-309-0025 Phased Permitting

(1) During the plan review process, an electrical contractor may request a complete or partial permit before the entire plans and specifications are submitted or approved, if adequate information is provided showing compliance with pertinent portions of the code. The permittee proceeds at his or her own risk, without assurance that the permit for the entire installation will be granted, or that corrections will not be required, including those portions permitted. The partial permit shall allow the electrical contractor to proceed with work pertaining to the electrical system of the structure.

(2) Any inspections performed by the local jurisdiction on the site or of the ground work shall be counted toward the number of electrical inspections allowed by the full permit once plan review is complete and the permit is issued.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 9-2003, f. 6-13-03, cert. ef. 7-1-03

Or. Admin. R. 918-309-0030 Permits for Residential Wiring

(1) The permittee is entitled to four inspections for a one-family dwelling, and eight inspections for a two-family dwelling. Fees are based on square footage for each one- or two-family dwelling (including attached garage) for residential wiring as follows:

(a) Wiring of not more than 1,000 square feet, $106;

(b) Each additional 500 square feet or portion thereof, $19.

(2) Permit fee for Manufactured Home or Modular Dwelling including service or feeder to unit served, $63.

(3) Permit fee for Limited Energy:

(a) One and Two Family Residential, $25. This permit fee covers all limited energy type systems installed in the building when installed at the same time by the permittee. A permit holder working under a residential wiring permit calculated under section (1) of this rule is not required to obtain a limited energy permit to install wiring for doorbells, garage door openers and heating and air conditioning systems.

(b) Multi-family residential, $45. This permit fee covers all limited energy systems installed in the building, except protective signaling as defined in ORS 479.905(5). The fee is assessed once per floor, regardless of the number of dwelling units on each floor. The permittee is entitled to two inspections per floor.

(c) Multi-family residential protective signaling, $63. This permit fee includes all protective signaling systems installed in the building as defined in ORS 479.905(5). The fee is assessed once per floor, regardless of the number of dwelling units on each floor. The permittee is entitled to two inspections per floor. See example in Table 3-E.

(4) Items Covered in this Section:

(a) When computing the area, include the square footage of attached garages;

(b) The residential fee covers services, feeders and all branch circuits on and inside each dwelling unit and includes garages that are attached to the dwelling unit, including the limited energy systems for the doorbell, garage door opener, and the heating and air conditioning control wiring in one and two family dwellings only;

(d) Remodels, Additions, Alterations or Repairs. Compute the fee under this section using the square footage of the area remodeled or added, then compute the fee under OAR 918-309-0060 “branch circuits.” Use the lower fee;

(e) Reconnection only. See OAR 918-309-0040(9).

(5) Application of Fees:

(a) One- or Two-Family Dwellings. To calculate the fee for a one or two-family dwelling, obtain the square footage of each unit. Include the garage if it is attached to any unit. There is an exception in subsection (c)(A) of this section if a detached garage or accessory building is built at the same time as the dwelling unit. Compute the fee using the procedure shown for each dwelling unit. Record the number of units under “Items” in the permit and multiply this with the fee shown;

(b) Multi-family Building. In the case of a multi-family building containing three or more apartments, determine the square footage of the largest apartment in the building and compute the fee. For each additional apartment in the building, a fee of one-half of the first unit fee must be used. The house panel fee for general service equipment such as apartment unit lights, washer-dryer, outdoor lighting and the like is calculated using OAR 918-309-0060(1) services and feeders, and OAR 918-309-0060(2)(b) dealing with branch circuits. The permittee is entitled to four inspections per floor;

(c) Detached Garages. Detached garages and accessory buildings are not considered part of the residential unit. The permit fee is based on the method of supplying power to the unit:

(A) Exception — Simultaneous Construction with Single Branch Circuit. If the structure receives power through a branch circuit from the house panel with a single branch circuit, include the square footage of the garage with the living unit, provided the garage is built at the same time as the dwelling unit. If separate construction is involved, use the fee for branch circuits under OAR 918-309-0060;

(B) Sub-Panel. If the detached structure has a sub-panel powered from the house service, the fee is computed using the “feeder” section, OAR 918-309-0040 and branch circuits, OAR 918-309-0060(1);

(D) Separate Service. If the structure has a separate service, the fee is based upon service, feeder and branch circuits.

(d) Reconnect Only. See OAR 918-309-0040(9);

(e) House Moves. In most instances, the fee will only involve a service reconnect:

(A) If changes to the service are made, a new service charge is made under OAR 918-309-0040;

(B) For each new, extension or alteration of branch circuits, use OAR 918-309-0060;

(C) If the building was moved in sections and there is no upgrading of the service, use the fees in this section using square footage.

(f) Manufactured Dwellings and Modular Homes. Manufactured dwellings and modular homes usually require a service and a feeder from the service to the home. In mobile home parks, usually only the feeder is necessary because the service already exists. Where there is a detached garage or accessory building, refer to subsection (5)(c) of this rule dealing with detached structures.

[NOTE: Table referenced in not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 455.030 & 479.870
Statutes/Other Implemented: ORS 455.030 & 479.870
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 4-2016, f. & cert. ef. 4-1-16
BCD 16-2003, f. & cert. ef. 10-1-03
BCD 10-2003(Temp), f. 6-20-03, cert. ef. 7-1-03 thru 12-27-03
BCD 10-2001, f. 9-28-01, cert. ef. 10-1-01
BCD 9-2001(Temp), f. 8-15-01, cert. ef. 9-4-01 thru 3-3-02
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 18-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1998(Temp), f. 6-2-98, cert. ef. 7-1-98 thru 12-27-98
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0220
BCA 10-1991, f. 4-26-91, cert. ef. 7-1-91
DC 7-1983, f. & cert. ef. 3-11-83, Renumbered from 814-022-0108
DC 10-1982, f. & cert. ef. 3-1-82
DC 12-1981, f. 9-29-81, cert. ef. 10-1-81
DC 10-1979, f. & cert. ef. 6-8-79
DC 5-1979(Temp), f. & cert. ef. 3-5-79
DC 1-1979, f. & cert. ef. 1-5-79
DC 102, f. & cert. ef. 11-1-77
DC 74, f. 5-21-76, cert. ef. 8-1-76

Or. Admin. R. 918-309-0040 Permit for the Installation, Alteration, or Relocation of an Electrical Service or Feeder

Permanent service or feeder.

(1) Each service or feeder of 200 amps or less, $79.

(2) Each service or feeder in excess of 200 amps but not more than 400 amps, $94.

(3) Each service or feeder in excess of 400 amps but not more than 600 amps, $156.

(4) Each service or feeder in excess of 600 amps but not more than 1,000 amps, $204.

(5) Each service or feeder over 1,000 amps or volts, $469.

(6) General Procedure for a Separate Service. If a structure has a separate service, the fee is based on the service size (amps), plus feeders, if any, plus the number of branch circuits.

(7) Fees in this rule are in addition to any other fees required under ORS 479.510 to 479.855.

(8) Where the service constitutes a load center, the permit fee must be calculated the same as any service panel. The charges must be for the size of the service and the branch circuits or feeders to the load center.

(9) Reconnect Only. This rule applies to reconnection where the service was disconnected for repair or by the serving utility company and no change in service capacity or location is made. This allows the replacement of a meter base, a service mast, a service panel, a subpanel, the feeder to one of the items listed or the repair or replacement of damaged service mast and meter on the exterior of a building. The $63 fee covers one inspection for this item.

(a) If a major violation of the service exists, a new service and new permit fee is required;

(b) It may also be used for house moves. If a major violation of the code or a dangerous condition exists in a house move, repair or replacement and a permit are required.

(10) Fees charged under this rule may not be charged both for amps and volts.

(11) In commercial and industrial buildings, separately metered premises that are divided from each other by walls are classified as a separate building for the purpose of computing permit fees. A different permit is required for each separate building:

(a) Master Service. For buildings with a master service, such as an office building, compute fees by the service (amps), the feeders (amps) and branch circuits. If there is more than one service, each service is charged separately along with its related feeders and branch circuits;

(b) Single Occupant. In single occupant buildings, the fee is based on the service (amps), the number of feeders (by amps) and branch circuits;

(c) Tenants. Where tenants are involved, the shell receives a permit for any service, feeders and branch circuits that involve only the shell. Each tenant space requires a separate permit. Each tenant space is charged for service (amps), the number of feeders by amps and branch circuits.

History

Statutory/Other Authority: ORS 455.020 & 479.870
Statutes/Other Implemented: ORS 455.020 & 479.870
BCD 4-2016, f. & cert. ef. 4-1-16
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 10-2001, f. 9-28-01, cert. ef. 10-1-01
BCD 9-2001(Temp), f. 8-15-01, cert. ef. 9-4-01 thru 3-3-02
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 18-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1998(Temp), f. 6-2-98, cert. ef. 7-1-98 thru 12-27-98
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0230
BCA 10-1991, f. 4-26-91, cert. ef. 7-1-91, Renumbered from 814-022-0108
DC 7-1983, f. & cert. cert. ef. 3-11-83
DC 10-1982, f. & cert. ef. 3-1-82
DC 12-1981, f. 9-29-81, cert. ef. 10-1-81
DC 10-1979, f. & cert. ef. 6-8-79
DC 5-1979(Temp), f. & cert. ef. 3-5-79
DC 1-1979, f. & cert. ef. 1-5-79
DC 102, f. & cert. ef. 11-1-77
DC 74, f. 5-21-76, cert. ef. 8-1-76

Or. Admin. R. 918-309-0050 Permits for the Temporary Service or Temporary Feeder

(1) Permit for each temporary construction service or temporary feeder for light and power:

(a) 200 amps or less, $63;

(b) 201 amps to 400 amps, $86;

(d) Temporary service or temporary feeder of over 600 volts or amps use fee schedule in OAR 918-309-0040(4), (5) and (6).

(2) OAR 918-309-0040(7) to (12) are applicable.

(3) The fee used in this section includes the branch circuits.

History

Statutory/Other Authority: ORS 455.020 & 479.870
Statutes/Other Implemented: ORS 455.020 & 479.870
BCD 10-2001, f. 9-28-01, cert. ef. 10-1-01
BCD 9-2001(Temp), f. 8-15-01, cert. ef. 9-4-01 thru 3-3-02
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 18-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1998(Temp), f. 6-2-98, cert. ef. 7-1-98 thru 12-27-98
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0240
BCA 10-1991, f. 4-26-91, cert. ef. 7-1-91, Renumbered from 814-022-0108
DC 7-1983, f. & cert. ef. 3-11-83
DC 10-1982, f. & cert. ef. 3-1-82
DC 12-1981, f. 9-29-81, cert. ef. 10-1-81
DC 10-1979, f. & cert. ef. 6-8-79
DC 5-1979(Temp), f. & cert. ef. 3-5-79
DC 1-1979, f. & cert. ef. 1-5-79
DC 102-1977, f. & cert. ef. 11-1-77
DC 74-1976, f. 5-21-76, cert. ef. 8-1-76

Or. Admin. R. 918-309-0060 Branch Circuits

Branch circuits, alterations or extensions.

(1) The fee for branch circuits with purchase of service or feeder fee for each branch circuit, $4.

(2) The fee for branch circuits without purchase of service or feeder fee:

(a) The first branch circuit, $54;

(b) Each additional branch circuit, $4.

(3) For signs and outline lighting refer to OAR 918-309-0070(2).

(4) The permittee is entitled to two inspections for every 20 branch circuits or portion thereof.

History

Statutory/Other Authority: ORS 455.020 & 479.870
Statutes/Other Implemented: ORS 455.020 & 479.870
BCD 4-2016, f. & cert. ef. 4-1-16
BCD 10-2001, f. 9-28-01, cert. ef. 10-1-01
BCD 9-2001(Temp), f. 8-15-01, cert. ef. 9-4-01 thru 3-3-02
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 18-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1998(Temp), f. 6-2-98, cert. ef. 7-1-98 thru 12-27-98
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0250
BCA 10-1991, f. 4-26-91, cert. ef. 7-1-91
DC 7-1983, f. & cert. ef. 3-11-83, Renumbered from 814-022-0108
DC 10-1982, f. & cert. ef. 3-1-82
DC 74, f. 5-21-76, ef. 8-1-76; DC 102, f. & ef. 11-1-77; DC 1-1979, f. & ef. 1-5-79; DC 5-1979(Temp), f. & ef. 3-5-79; DC 10-1979, f. & ef. 6-8-79; DC 12-1981, f. 9-29-81, ef. 10-1-81

Or. Admin. R. 918-309-0070 Miscellaneous

Special fees are established for the following items in lieu of fees set under OAR 918-309-0060.

(1) Permit for each domestic water or sewage pump, irrigation pump or circle and its associated controls, excluding service fee, $63;

(a) Single Circuit. If a well pump or sewage pump and its associated controls are serviced from the house main service, and the pump is installed and ready for inspection, no additional fee is charged. If the pump is installed by another contractor or later, an additional pump fee and a new permit is necessary under this part;

(b) Feeder. If the well has a subpanel, there is a fee for the feeder from the main service to the subpanel and a fee for branch circuits. If the pump is installed later, or by another contractor, a new permit and pump fee is required;

(c) Separate Service. If the well has separate service the fee is based on the service (amps) and the number of branch circuits. If the pump is installed later, or by a different contractor, a new permit and pump fee is required.

(2) Permit for the installation of each electrical sign or outline lighting system supplied by a single branch circuit, $63.

(3) Each limited energy circuit panel, one or more air-conditioning or heater thermostats installed at a job site, multiple circuit terminal board or installation or extension of limited energy circuits, $63.

(4) The permit fees in this rule, except as noted in subsection (11), are for up to two inspections and are charged in addition to other fees for electrical service.

(5) Note the exception under OAR 918-309-0030(3)(a)(A) dealing with residential limited energy.

(6) Installation of signal circuits in buildings over three floors. Each floor in excess of three is considered a separate panel for the purpose of calculating fees.

(7) Fees for inspections in excess of those allowed under OAR 918-309-0030 through 918-309-0060, $55.

(8) Fees for other inspections not covered by this rule. All inspections not provided in this rule must be charged at $86 per hour including travel and office time with a minimum charge of one hour.

(9) Fees for Bulk Labels:

(a) Bulk labels sold only to electrical contractors, $25 per label;

(b) Contractors working under a bulk label system are billed for any difference in the cost of the bulk label and the cost of the permit fees required in this rule.

(10) The fee for swimming pools is permitted as provided in OAR 918-309-0040 and 918-309-0060. The inspection of the grounding of the pool is included in the permit for the pool and counted as one of the number of allowed inspections under the permit.

(11) Permit fees for renewable electrical energy systems. For renewable electrical energy permit applications, see OAR 918-309-0410. For repairs and maintenance of renewable electrical energy systems, see OAR 918-309-0220(5).

(a) (A) 5 KVA or less: $79;

(B) 5.01 KVA to 15 KVA: $94;

(b) For wind generation systems in excess of 25KVA:

(A) 25.01 KVA to 50 KVA: $204;

(B) 50.10 KVA to 100 KVA: $469;

(A) Each additional KVA over 25 will be charged an additional $6.25 per KVA.

(B) The permit charge will not increase beyond the calculation for 100 KVA.

(d) Permits issued under this sub-section include three inspections. Additional inspections will be billed at an hourly rate.

(12) Work Commencing before permit issuance. Any person who commences electrical work on a building or structure before obtaining the necessary permits will be subject to an investigative fee. The amount of the investigative fee is the average or actual additional cost of ensuring that a building or structure is in conformance with the Oregon Electrical Specialty Code and is in addition to the required permit fees.

History

Statutory/Other Authority: ORS 479.870
Statutes/Other Implemented: ORS 455.083 & 479.870
BCD 4-2016, f. & cert. ef. 4-1-16
BCD 12-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 13-2010, f. 9-30-10, cert. ef. 10-1-10
BCD 9-2002, f. 3-29-02, cert. ef. 4-1-02
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 23-2001(Temp), f. 12-28-01, cert. ef. 1-1-02 thru 6-29-02
BCD 10-2001, f. 9-28-01, cert. ef. 10-1-01
BCD 9-2001(Temp), f. 8-15-01, cert. ef. 9-4-01 thru 3-3-02
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1999, f. 12-30-99, cert. ef. 1-1-00
BCD 18-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1998(Temp), f. 6-2-98, cert. ef. 7-1-98 thru 12-27-98
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0260
BCA 10-1991, f. 4-26-91, cert. ef. 7-1-91
BCA 6-1991(Temp), f. 3-21-91, cert. ef. 7-1-91
BCA 16-1990, f. 6-27-90, cert. ef. 7-1-90

Or. Admin. R. 918-309-0075 Provision of Services

(1) For any project requiring plan review, once the initial permit and plan review fees have been paid, a building official, inspector, or plans examiner may not stop work on-site or otherwise delay or refuse to provide inspection services in order to compel payment of outstanding fees.

(2) Stop-work orders may only be issued for permitted projects for violations of the minimum safety standards.

(3) Any violation of these rules is a failure to administer a building inspection program for the purposes of ORS Chapters 455 and 479, and may result in sanctions including but not limited to civil penalties and actions on certifications and other division approvals.

History

Statutory/Other Authority: ORS 455.055
Statutes/Other Implemented: ORS 455.055
BCD 4-2016, f. & cert. ef. 4-1-16

Or. Admin. R. 918-309-0080 Temporary Electrical Permit Rule

(1) Authority and Scope of Rule. This rule:

(a) Is required by ORS 479.550;

(b) Applies to the Building Codes Division and all municipalities that enforce the electrical laws;

(2) Definitions. For the purposes of this rule only, the following definitions are adopted:

(a) “Emergency Electrical Work” is an acute, unplanned and immediate need for electrical repair or replacement involving an existing electrical installation or product or both;

(b) “Licensed Electrical Contractor” or “Contractor” means any type of electrical contractor licensed by the Building Codes Division;

(c) “Jurisdiction” means the Building Codes Division, a municipality enforcing the electrical laws or municipality issuing electrical permits having authority over the electrical work;

(d) “Unanticipated Electrical Work” is electrical work, including a new installation, requested by a customer where the timing of a request for commencement of work does not reasonably allow the contractor time to obtain an electrical permit before starting the work:

(A) This includes, but is not limited to, additional work assigned at the work site as well as preassigned work when the customer requests service at an unplanned date or time;

(B) This does not include electrical work where a permit already exists covering all or part of the work.

(3) Temporary Permit. A jurisdiction shall recognize the existence of a temporary electrical permit when the contractor encounters “emergency electrical work” or “unanticipated electrical work,” complies with section (4) of this rule and does electrical work.

(4) Temporary Permit Procedures. The contractor must comply with subsection (a) of this section and with one of the requirements of subsections (b) to (d) of this section:

(a) Prior to commencing work, the contractor shall fill out a standard form electrical permit application for any jurisdiction, identify the proper jurisdiction, identify the contractor, and provide the electrical contractor and Construction Contractors Board identifications:

(A) The standard permit application form covering electrical installations can be used in any transaction, except the fees shall be that of the jurisdiction where the work is done;

(B) A restricted energy electrical application can only be used if the work is strictly covered by that permit;

(C) The temporary permit must be signed by the journeyman or technician that does the work or by a supervising electrician;

(D) A copy must be posted at the job site marked “temporary permit,” showing the starting work date and the ending date of the temporary permit. The ending date shall not be more than seven days from the starting date.

(b) FAX a copy to the jurisdiction and mail the original with proper payment to the jurisdiction all within five days of the start of the work;

(c) If the jurisdiction does not have a FAX machine, telephone the jurisdiction informing it of the time, place and type of work that was started within 24 hours of the opening for business by the jurisdiction, and mail a copy of the completed application and payment within seven days of the start of the work; or

(d) If the jurisdiction has a recording device, call in the time, place and type of work within 12 hours of the start of work and complete the electrical permit application and payment within seven days of the start of the work.

(5) If bulk label or minor label procedures are appropriate for the electrical installation and are allowed by the jurisdiction, those procedures may be followed in lieu of the requirements of this rule.

(6) An inspection shall be requested at any time following the temporary permit procedures. A jurisdiction may, but is not required to, require permit fees before providing an inspection.

(7) Burden of Proof and Assumed Risks. The contractor who uses this rule has:

(a) The burden of proving that an “emergency” or “unanticipated electrical work” existed which justified using this rule; and

(b) Assumes all risks that are inherent with starting electrical installations before review and approval by the jurisdiction.

(8) In addition to civil penalties that may be assessed for violation of this rule, the use of this rule may be suspended, restricted or denied to a contractor who violates this rule more than once.

History

Statutory/Other Authority: ORS 479.540(1), 479.550 & 479.730(5)
Statutes/Other Implemented: ORS 479.550
BCD 12-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0265
BCA 17-1992, f. & cert. ef. 9-1-92

Or. Admin. R. 918-309-0090 Rules for Electrical Contractors Desiring to Make Electrical Installations Under Working Permits

Any electrical contractor who elects to use a working permit authorized by ORS 479.840 shall:

(1) Submit to the division a $2,000 corporate surety bond or a cash bond on a division-approved form guaranteeing the payment of all fees provided for under ORS 479.510 to 479.850.

(2) Apply to the division for the working permit and affix at the job site before any electrical installation is commenced.

(3) Submit the supplementary permit application and the total permit fee as soon as the fees for that job can be determined and in no case, more than three months from the date work commenced on the job. Provided, that in special long term construction projects such as high rise buildings and large industrial buildings, where the electrical contractor has procured the prior approval of the division, a new working permit may be issued for three months for the same building if all fees for the electrical installations under the working permit issued for the preceding three-month period have been paid in full.

(4) Agree that the aggregate amount of unpaid fees outstanding at any time shall not exceed the amount of the bond. No working permit shall be issued and any existing working permit shall become null and void when fees totaling over $2,000 are owed.

(5) Agree that if any unresolved dispute arises as to the amount of fees due on a particular installation, job, or in the aggregate shall be decided by the division after a hearing before the board.

History

Statutory/Other Authority: ORS 479.560 & 479.730
Statutes/Other Implemented: ORS 479.560 & 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0290
DC 12-1981, f. 9-29-81, cert. ef. 10-1-81, Renumbered from 814-022-0145
DC 10-1972, f. 4-13-72, cert. ef. 5-1-72

Or. Admin. R. 918-309-0100 Master Permit Program Under ORS 479.560(3)

(1) Authority for Rule. This rule is authorized by ORS 479.560, only deals with electrical master permits and shall not be interpreted as changing any licensing requirement.

(2) Definitions. For the purpose of this rule:

(a) “Applicant” is an owner, building operating manager or an electrical contractor of a covered facility who complies with ORS 479.630;

(b) “Covered Facility” is one or more industrial plants as defined in OAR 918-251-0090 or any successor rule; commercial office buildings; buildings owned, leased, managed or operated by a state or local government entity; or other facilities designated by the board:

(A) Under common ownership or operating management;

(B) Located within the boundaries of the same inspecting jurisdiction; and

(c) “Inspecting Jurisdiction” is the state or municipality having authority to inspect a covered facility under a master permit program.

(d) “Master Permit” is an annual permit issued under ORS 479.560 and these rules by the inspecting jurisdiction.

(3) Additional Facilities Designated by the Board. “Covered facilities” also include:

(a) Where only a single building or structure is involved, the grounds and adjacent facilities under common control or management that make up the complex containing the building or structure;

(b) Isolated buildings and structures in multiple sites within the area served by the inspecting jurisdiction that individually meet the definition of “covered facility” but only when acceptable by both the inspecting jurisdiction and owner or operating manager; and

(c) Incidental buildings and structures adjacent or connected to a commercial office building, industrial plant, government building or building designated by the board, provided the building or structure is under the same ownership or management as the covered facility.

(4) Scope of Master Permit Program:

(a) Under ORS 479.540 which allows electrical master permit for “repair, alteration or replacement of existing electrical products,” an “electrical product replacement” includes installing a product in place of another that shall not exceed the capacity or design of the existing electrical system;

(b) The following do not constitute “repair, alteration or replacement of existing electrical products” and require a separate permit and inspection:

(A) Electrical installations in a new building shell, structural retrofits, installation or alteration of load bearing walls, foundations or exit passageways;

(B) Any electrical installation in connection with changing the type of use or occupancy classification of the building or structure;

(D) Remodeling within an occupied existing shell which results in:

(i) Vacation of more than 25 percent of occupants within a floor or building resulting from remodel;

(ii) Termination of a tenant’s usual activities for more than ten working days; or

(iii) Construction that involves more than 25 percent of the contiguous area of any floor.

(E) Electrical installations a part of construction within a covered facility that also involve a plumbing, structural or mechanical permit other than a master permit under ORS 455.154.

(5) Interpretation. Who can use a master permit:

(a) A master permit shall only be provided to an electrical contractor, owner or operating manager responsible for all electrical installations in the whole covered facility;

(b) An owner, electrical contractor or operating manager of a covered facility can obtain a permit only if appropriately licensed electricians are to do the work.

(6) Operation of the Master Permit Program:

(a) An applicant electing to have a covered building inspected under the master permit program shall take out a master permit with the inspecting jurisdiction and pay required fees;

(b) If applicant is an owner or operating manager, applicant shall file a roster with the inspecting jurisdiction of all electricians currently employed by applicant showing name, electrical license number and type of electrical license, and all electrical contractors whose work is included under a master permit taken out by the owner or operating manager. The roster must be filed at the same time as the permit application:

(A) When an electrical contractor under a continuing retainer ceases to serve the covered facility, notice of termination shall be filed with the inspecting jurisdiction by the permit holder within ten working days of termination;

(B) An updated roster shall be available to the inspecting jurisdiction at any regularly scheduled inspection;

(A) Create and keep records of all electrical work done under the master permit, show the person doing the work, electrical license number, date of work and have the records available for the electrical inspector at the covered facility at site or sites agreed to in writing with the inspecting jurisdiction. If there is no written agreement, each building shall have a record of electrical work done and of persons employed electrically for that building and its adjacent facilities;

(B) Set up an inspection schedule with the inspecting jurisdiction which shall be at least once a year;

(C) Call for inspections when necessary under the electrical requirements and not cover electrical work until an inspection is performed;

(D) Call for immediate inspections, if applicant chooses to discontinue the electrical master permit program. All future work must be by separate permit and inspection.

(7) Enforcement. The inspecting jurisdiction shall:

(a) Report and document all electrical licensing violations by a person holding an electrical master permit to the board;

(b) Take enforcement actions against persons who violate the scope of the master permit or compliance requirement and report the violations and actions taken to the board; and

(c) Make inspections at more frequent intervals to insure that licensing and scope of master permit requirements are being complied with.

(8) Limited Maintenance Electrician. Work by a limited maintenance electrician licensed under ORS 479.630 and performed under the scope of that license can be combined with a master permit program, provided separate records are kept and there is an annual inspection.

(9) Operations by Electrical Contractors. Electrical contractors:

(a) Shall be issued a separate master permit only if the contractor is a general electrical contractor, has a licensed signing supervisor on staff and is authorized by the owner or operating manager;

(b) Can work under the master permit of the applicant if the work is recorded together with the applicant’s electrical installations and the work is within the scope of the contractor’s license; and

(10) Inspection Fees:

(a) A person obtaining a master inspection permit does not have to pay the normal permit inspection fees of the inspecting jurisdiction for installations within the scope of the permit. A separate permit, fees and individual inspections are required for installations outside the scope of a master permit;

(b) By the Division. Building Codes Division inspection charges are the division’s miscellaneous fee for hourly inspections where no specific fee category is established, OAR 918-309-0070(5) and successor rules;

(c) By Municipalities. Municipal inspection charges shall be the municipality’s miscellaneous fee for hourly inspections where no specific fee category is established;

(d) A one-time, set-up fee may be charged by the inspecting jurisdiction when a master permit is obtained, which shall not exceed $100;

(e) To determine time charges, the “cost of making the inspection” in ORS 479.560 includes the inspector’s travel time from the inspector’s office to return, actual lodging and per diem expenses as established by the jurisdiction and preparation and review of reports whether this is done at the plant or at the inspector’s office. The lodging and per diem expenses shall not exceed the standard amounts allowed by the inspecting jurisdiction.

(11) Delegation Standards. Delegation shall only be granted to municipalities that also serve essentially the same area with basic electrical inspection services:

(a) A municipality requesting delegation of the master permit program shall, in addition to the notice required by ORS 455.148 or 455.150, file an application prior to January 1 of the year for which delegation is requested and provide:

(A) The number of master permits anticipated to be issued and the names of electrical inspectors certified to inspect under the Oregon Electrical Specialty Code who are or will be assigned to the program;

(B) A master permit inspection operating plan. Initial applicants, excluding those who were doing industrial plant inspections under contract with the division on the effective date of this rule, shall also show what arrangements are to be operational on July 1;

(C) An agreement with each surrounding inspecting jurisdiction having covered facilities crossing municipal boundaries, providing who will inspect each covered facility, if the facility elects to be inspected under the master permit program. The agreement:

(i) Shall cover all electrical inspections for the facility;

(ii) May identify specific facilities but shall also include a method of determining who shall serve those facilities that become operational or make elections during the term of the agreement; and

(iii) Shall show how fees will be established for the complete covered facility that elects to be inspected under the master permit program.

(D) An authorization to the division that if the agreement in paragraph

(C) of this subsection fails to include a contingency or method of resolving a contingency and there is any disagreement between the jurisdictions over who should serve a complete facility, the division is authorized to immediately assign the facility to an inspecting jurisdiction as it deems appropriate and that each will enter into intergovernmental agreements as needed to carry out the assignment;

(E) A prototype agreement with a facility that crosses municipal boundaries covering the terms and conditions of electrical inspection services unless other arrangements are made which gives the municipality enforcement and fee setting authority over the complete facility.

(b) Delegation shall only be granted where it is affirmatively found that the jurisdiction is clearly able to perform the new master permit program with no loss of efficiency or effectiveness to its basic electrical inspection program.

(12) Renewal of Delegation:

(a) Prior to January 1 of any year, when the municipality applies for renewal of the master permit program, it shall provide a report of number of master permits issued and number inspected during the prior calendar year. It shall be granted the delegation automatically if its basic electrical program is also renewed, unless the division expressly notifies the municipality to the contrary by April 30;

(b) All notices of discontinuation of the master permit program shall be filed by the same date shown in subsection (a) of this section;

(c) All amendments to the filing made under section (11) of this rule should be filed as soon as amendments are available, but no later than the date shown in subsection (a) of this section to allow review by division staff.

History

Statutory/Other Authority: ORS 479.560
Statutes/Other Implemented: ORS 479.560
BCD 12-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0350
BCD 28-1994, f. & cert. ef. 12-1-94
BCA 11-1992, f. & cert. ef. 6-26-92
BCA 2-1992(Temp), f. 2-28-92, cert. ef. 3-18-92

Or. Admin. R. 918-309-0210 Use of Minor Labels

(1) The use of a minor label is an alternative option which allows a person to use a minor label instead of a permit. No new permit requirements are created.

(2) A minor label may be used for an installation that is exempt from permitting, but otherwise eligible for a minor label, including when the installation involves one or more components of an appliance exempted from permitting under OAR 918-261-0020.

History

Statutory/Other Authority: ORS 455.154, 455.155 & 479.540
Statutes/Other Implemented: ORS 455.154, 455.155 & 479.540
BCD 6-2018, amend filed 03/28/2018, effective 04/01/2018
BCD 22-2004, f. & cert. ef. 10-1-04
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 4-1999, f. & cert. ef. 4-1-99
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-310-0030
BCD 5-1994, f. 2-25-94, cert. ef. 7-1-94
BCA 10-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-309-0220 Scope of Electrical Work Allowed with Minor Label

(1) Minor labels may only be used in accordance with the minor label programs allowed by OAR 918-100-0000 through 918-100-0060.

(2) Electrical minor label use is regulated by license type. An electrical license that includes the scope of work listed in this rule may also use a minor label for that scope of work. This rule does not allow any person to make an installation or perform any work that is not authorized by the scope of the person’s license.

(3) A minor label may be used for new construction only for the following:

(a) As allowed by section (6)(a) of this rule; and

(b) As allowed by section (6)(b) of this rule.

(4) A minor label may not be used for:

(a) An underground electrical installation;

(b) An electrical installation that requires a cover inspection;

(d) Any electrical installation that is located in an area classified as hazardous, as described in Article 500, or is subject to the requirements of Article 680 (Swimming Pools, Fountains, or Similar Installations) of the Oregon Electrical Specialty Code , as adopted in OAR 918-305-0100.

(5) A limited maintenance specialty contractor or a limited maintenance specialty contractor-HVAC/R may use a minor label for the following:

(a) Where the installation does not exceed 150 volts to ground, single-phase, for repair or replacement of:

(A) A furnace, oil or gas, not to exceed 20 amps;

(B) A fan not to exceed 20 amps;

(D) A water heater, which involves an electrical circuit, not to exceed 30 amps; or

(E) An electrical furnace, air conditioning unit, or refrigeration unit.

(b) Applications up to 300 volts to ground for the replacement or retrofit of ballasts or other components in up to 10 light fixtures under one minor label. (For more than 10 light fixtures, inspections shall be performed as a branch circuit permit or hourly rate as authorized under OAR 918-309-0070(8)).

(6) A restricted energy contractor, limited energy contractor, registered telecommunications service provider, or an electrical contractor using an appropriately licensed person for applications not exceeding 100 volt-amperes, in Class 2 or 3 installations, may use a minor label for the following:

(a) Installation, repair, and replacement in new or existing construction of one- and two-family dwellings, of HVAC, telephone, garage door, vacuum systems, door bells, burglar, fire alarm and security systems, and audio/stereo systems; or

(b) Alteration, repair, and replacement of up to 50 devices in existing construction, or a new installation of up to 10 devices in new or existing construction, for the following installations provided the system does not penetrate any fire-rated assembly, as defined in the currently adopted Oregon Structural Specialty Code as adopted in OAR 918-460-0010:

(A) Thermostats;

(B) Data communication devices;

(D) Door or gate control, monitor, or access devices;

(E) Cable television and closed circuit television devices;

(F) Burglar, security, and fire alarm devices, including "Power Limited Fire Alarm Circuits" as defined in Article 760 of the Oregon Electrical Specialty Code , as adopted in OAR 918-305-0100; and

(G) Notwithstanding the device allowances of Section (6)(b) of this rule, central vacuum cleaner control devices, one minor label per system.

(7) A properly licensed electrical contractor with a properly licensed signing supervising electrician may use a minor label for the following single-phase or three-phase electrical installations:

(a) Installation or extension of not more than three new electrical circuits limited to 60 amps and not more than 150 volts to ground;

(b) Installation or extension of not more than one new electrical circuit limited to 30 amps and not more than 300 volts to ground;

(c) Repair, replacement, or installation of components within existing electrical equipment or services, not to exceed 200 amps and 150 volts to ground, provided a reconnect is not required by the serving utility. For reconnects, see OAR 918-309-0040(9) for services. The complete replacement of a service is not allowed with a minor label;

(d) Replacement of multiple switches, circuit breakers, receptacles, light fixtures and light fixture components, and smoke detectors;

(e) In dwelling units, replacement of multiple 15 and 20 amp, 125-volt, GFCI or AFCI circuit breakers and receptacles;

(f) Installation of a grounding electrode when a metal water service is replaced with a non-metallic pipe; or

(g) Installation of a fan connected to existing duct work, without an additional mechanical permit when:

(A) The fan is replacing an existing fan;

(B) The replacement fan is 200 cfm or less;

(D) No changes are made to the existing duct system.

(8) A limited renewable energy contractor or an electrical contractor using a licensed journeyman electrician or limited renewable energy technician may use a minor label for repair and maintenance of renewable electrical energy systems as set forth in ORS 479.630(16)(a).

(9) A limited pump installation specialty contractor may use a minor label for repair, replacement, and maintenance of installed pump or irrigation systems of the same horsepower and voltage, as set forth in ORS 479.630(13).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.154, 455.155 & 479.540
Statutes/Other Implemented: ORS 455.154, 455.155 & 479.540
BCD 6-2018, amend filed 03/28/2018, effective 04/01/2018
BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02
BCD 9-2002, f. 3-29-02, cert. ef. 4-1-02
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02
BCD 23-2001(Temp), f. 12-28-01, cert. ef. 1-1-02 thru 6-29-02
BCD 4-2001, f. 3-30-01, cert. ef. 4-1-01
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-310-0040
BCD 5-1994, f. 2-25-94, cert. ef. 7-1-94
BCA 10-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-309-0260 Misuse of Minor Installation Labels

Violations of the minor label rules are subject to civil penalties or license revocations or both.

History

Statutory/Other Authority: ORS 479.540
Statutes/Other Implemented: ORS 479.540
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-310-0080
BCD 5-1994, f. 2-25-94, cert. ef. 7-1-94
BCA 10-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-309-0310 Local Jurisdiction Enforcement of Bulk Labels

Each seller shall enforce the requirements of OAR 918, division 309.

History

Statutory/Other Authority: ORS 479.540
Statutes/Other Implemented: ORS 479.540
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-310-0110
BCA 10-1988, f. & cert. ef. 7-20-88

Or. Admin. R. 918-309-0400 Restricted Energy Electrical Bulk Labels

(1) A separate Restricted Energy Electrical Permit Application Form and Restricted Energy Electrical Installer Log are created and adopted.

(2) The Restricted Energy Electrical Permit can be taken out by a general or subcontractor, limited energy installer or property owner for the fee set by the board in OAR 918-309-0030 for limited energy transactions provided the requirements of this rule are met. The person applying for the permit must:

(a) Assume responsibility to call for an inspection when the permits are signed by appropriate persons, installations are completed and after all corrections are made and comply with the requirements of the restricted energy electrical laws and the restricted energy electrical rules;

(b) Be responsible for all corrections required by the inspector under the permit, regardless of who performs the work;

(3) Options. The person obtaining the permit may:

(a) Limit the permit to only the work of the permittee; or

(b) Include any and all limited energy installations including those done by separate installers, but the installations must be ready for inspection at the first inspection call. When this is done, the permit must be completed and separately signed by the person, also identifying the business responsible for each type of limited energy electrical installation.

(4) The restricted energy activities to be covered by the permit must be declared at the time of the purchase of the permit:

(a) It is not necessary to identify the contractor at the time of permit issuance;

(b) New permits must be purchased for all other restricted energy installations;

(5) Regardless of what was initially intended the permit only covers those installations that are in place at the time of the first call for limited energy electrical inspection. A separate permit must be purchased for all other limited energy installations whether the installations become ready for inspection at a later date or are done at a later date.

(6) This rule does not apply to an industrial plant when ORS 479.560 is applicable.

(7) The Restricted Energy Electrical Installer Log must be posted at the job site for signing by appropriate persons installing the separate electrical systems as shown on the form. A municipality may require more than one log to be completed and left at the job site if it chooses to.

History

Statutory/Other Authority: ORS 479.540
Statutes/Other Implemented: ORS 479.540
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0450
BCA 44-1991, f. & cert. ef. 12-26-91
BCA 33-1991(Temp), f. & cert. ef. 9-30-91

Or. Admin. R. 918-309-0410 Renewable Electrical Energy Bulk Labels

(1) A separate Renewable Electrical Energy Permit Application Form and Renewable Electrical Energy Installer Log are to be used for renewable energy electrical system installations. The Renewable Electrical Energy Permit:

(a) Covers the renewable electrical energy system installation and the alternating current feeder connection to the structure where applicable. The permit shall include an installer log to document all work performed under the permit; and

(b) May be purchased by a general contractor, subcontractor, limited renewable energy contractor or property owner provided the requirements of this rule are met.

(2) The renewable electrical energy activities covered by the permit shall be declared at the time the permit is purchased. New permits must be purchased for all other renewable electrical energy installations;

(3) The person applying for the permit shall:

(a) Assume responsibility to call for an inspection after the permits are signed by; the limited renewable energy contractor, signing supervisor or property owner and that these installations are completed and comply with the requirements of the renewable electrical energy laws and these rules;

(b) Be responsible for all corrections required by the inspec-tor under the permit, regardless of who performs the work; and

(4) The person obtaining the permit may:

(a) Include any and all renewable electrical energy installations including those done by separate installers, but the installations must be ready for inspection at the first call for inspection. When this is done, the permit shall be completed and separately signed by the person, also identifying the business responsible for each type of renewable electrical energy installation.

(b) Receive up to two inspections. For inspections in excess of those allowed under this rule, a charge of $86 per hour including travel time and office time with a minimum charge of one hour for each additional inspection shall be paid in advance.

(5) All parties performing work under the permit shall be identifed at the time of permit is issued. If the party performing the work is changed, the party who completed the work must be identified.

(6) Nothwithstanding the activities identified in the permit application, the permit only covers those electrical installations that are in place at the time of the first call for inspection of the renewable electrical energy work. A separate permit shall be purchased for all other renewable electrical energy installations whether the installations become ready for inspection at a later date or are done at a later date.

(7) The Renewable Electrical Energy Installers Log shall be posted at the job site for signing by appropriate persons installing the separate electrical systems as shown on the form. The jurisdiction may require more than one installer log to be completed and left at the job site.

History

Statutory/Other Authority: ORS 479.870
Statutes/Other Implemented: ORS 479.870
BCD 9-2002, f. 3-29-02, cert. ef. 4-1-02
BCD 23-2001(Temp), f. 12-28-01, cert. ef. 1-1-02 thru 6-29-02

Division 311 MISCELLANEOUS ELECTRICAL RULES

Or. Admin. R. 918-311-0000 Design, Planning and Lay Out of Electrical Installations by Supervising Electricians

A licensed supervising electrician may design, plan and lay out electrical installations for:

(1) The customers of the electrical contractor for whom the supervising electrician is employed; or

(2) The industrial plant that employs the supervising electrician.

History

Statutory/Other Authority: ORS 479.730
Statutes/Other Implemented: ORS 479.730
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0105
BCA 36-1989, f. & cert. ef. 12-27-89

Or. Admin. R. 918-311-0010 Electrical Plan Review Rules

(1) Authority for Rules. The rules in OAR 918-311-0010 to 918-311-0050 are authorized by ORS 479.870 and are referred to as the “Electrical Plan Review Rules.”

(2) Application:

(a) The electrical plan review rules only apply when a jurisdiction, the state or a municipality, enforcing the Electrical Specialty Code or the electrical aspect of the One and Two Family Dwelling Specialty Code, requires mandatory electrical plan review in connection with a permit for the construction, alteration or repair of electrical installations;

(b) When the state or municipality requires mandatory plan review it shall not adopt requirements that go below the threshold standards set in OAR 918-311-0040. The minimum starting point cannot be changed.

(3) Transition:

(a) An applicant for an electrical permit or a person who had submitted electrical plans for review with any jurisdiction shall be allowed to follow the plan review requirements that were in place with the jurisdiction at the time the application was filed;

(b) If a bid for electrical work was made, relying in good faith on plan review practices in place at a jurisdiction prior to a change due to the Electrical Plan Review Rules, and the bid is accepted not more than 60 days from the effective date of the change, the electrical contractor shall be allowed to follow the prior plan review procedures upon proof that the new requirements create significant unanticipated expenses or delay.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.870
Statutes/Other Implemented: ORS 479.870
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0300
BCA 44-1991, f. & cert. ef. 12-26-91
BCA 33-1991(Temp), f. & cert. ef. 9-30-91

Or. Admin. R. 918-311-0020 Time Limit for Electrical Plan Review

(1) Electrical plan reviews shall be approved or denied within ten working days from receipt of the complete electrical plans by the jurisdiction requiring plan review. A reviewed set of plans shall be returned to the plan applicant:

(a) If a plan is rejected, the deficiencies must be set out in writing. Upon resubmission of the necessary items, the ten-day requirement starts again;

(2) Phased permits may be issued as described in OAR 918-309-0025.

History

Statutory/Other Authority: ORS 479.870
Statutes/Other Implemented: ORS 479.870
BCD 9-2003, f. 6-13-03, cert. ef. 7-1-03
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0310
BCA 44-1991, f. & cert. ef. 12-26-91
BCA 33-1991(Temp), f. & cert. ef. 9-30-91

Or. Admin. R. 918-311-0040 Electrical Plan Review for Complex Structures

(1) The division or a jurisdiction providing electrical code plan review services, including plan review for prefabricated structures, may only require electrical plan review for a complex structure. For the purpose of this rule, “complex structures” have an electrical system designed, constructed or reconstructed with any of the following:

(a) A service or feeder beginning at 400 Amps where the available fault current exceeds 10,000 Amps at 150 Volts or less to ground or exceeds 14,000 Amps for all other installations; or

(b) Installation of a 150 KVA or larger separately derived system as defined in Article 100 of the National Electrical Code (NEC); or

(d) Fire pump installations as defined in Article 695 of the NEC; or

(e) Emergency systems installations as defined in Article 700 of the NEC; or

(f) A service or feeder rated at 600 Amps or over; or

(g) Voltage. More than 600 supply volts nominal; or

(h) Renewable Energy. Renewable electrical energy systems rated over 25 KVA; or

(i) Height. More than three stories; or

(j) Occupancy.

(A) Six or more residential units in one structure; or

(B) An “A” (Assembly) occupancy, “E” (Educational) occupancy, or “I-2” or “I-3” (Institutional) occupancy as defined in the adopted Oregon Structural Specialty Code; or

(C) Any of the following special occupancies as described in Chapter 5 of the NEC adopted by the board in OAR 918-305-0100:

(i) Hazardous (Classified) locations as defined in Articles 500 to 516; or

(ii) Installations in patient care areas of health care facilities as defined in Article 517; or

(iii) Agricultural buildings used for commercial purposes, as defined in Article 547; or

(iv) Floating buildings as defined in Article 553; or

(v) Marinas and boat yards as defined in Article 555; or

(k) Recreational Vehicle Park. A new recreational vehicle park, or any addition or alteration to an existing park.

(l) Prefabricated buildings as defined in ORS 455.010 and as further defined by the division in OAR chapter 918, division 674, where the division performs plan review for the construction or alteration of prefabricated buildings.

(2) Plan review is not required for work permitted through minor installation labels under OAR 918-309-0210 to 918-309-0260.

(3) A jurisdiction requiring electrical plan review may not require plan review on more than one building or structure under construction or reconstruction at the same job site, as long as:

(a) The electrical systems of the buildings or structures are materially alike, and

(b) A person obtains electrical permits for the buildings or structures within a reasonable time.

(4) Standardized Format for Plan Review. When electrical plan review is required the electrical plan shall meet the following requirements:

(a) Copies. Submit two sets of electrical plans;

(b) Readability. The plans shall be drawn to scale, contain definitions for legends used, be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the applicable electrical code requirements, laws, ordinances, rules and regulations;

(A) Feeder riser diagram showing panel location and circuit schedules;

(B) One line riser diagram showing bonding and grounding and conductor sizes;

(D) Complete load calculations, or provide applicable load records, for all new installations and for additions to existing installations;

(E) Fixture schedule, showing type, location and layout of the fixtures;

(F) Address of the installation and name of owner and address;

(G) Identification of the employer, identification and signature of person who prepared the plan, license number if the person is an electrical supervisor and professional registration number if the person is an architect or registered professional electrical engineer; and

(H) Location of emergency systems, identifying the power source and the system on plan.

(5) Nothing in these rules shall prohibit a jurisdiction from requiring a lighting energy budget.

(6) Nothing in these rules shall prohibit the owner or the owner’s agent from requesting and receiving plan review for non-complex structures.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.870 & ORS 455.117
Statutes/Other Implemented: ORS 479.870 & ORS 455.117
BCD 7-2026, amend filed 07/01/2026, effective 07/01/2026
BCD 13-2010, f. 9-30-10, cert. ef. 10-1-10
BCD 7-2006, f. 6-7-06, cert. ef. 10-1-06
BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0330
BCA 44-1991, f. & cert. ef. 12-26-91
BCA 33-1991(Temp), f. & cert. ef. 9-30-91

Or. Admin. R. 918-311-0050 Standards for Electrical Plans Review

A person performing electrical plan review shall do the following as a minimum:

(1) Load Calculations. Check load calculations for appropriateness, completeness and accuracy.

(2) Equipment. Check and determine if the equipment is:

(a) Suitable for the environment; and

(b) Properly sized and rated to meet the minimum code requirements.

(3) Service and Feeder. Check service and feeder installations for code compliance related to:

(a) Wiring method;

(b) Conduit and box fill;

(d) Clearances;

(e) Locations;

(f) Accessibility; and

(g) Service grounding conductor size.

History

Statutory/Other Authority: ORS 479.870
Statutes/Other Implemented: ORS 479.870
BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0340
BCA 44-1991, f. & cert. ef. 12-26-91
BCA 33-1991(Temp), f. & cert. ef. 9-30-91

Or. Admin. R. 918-311-0055 Fees for Electrical Plan Reviews Performed by Building Codes Division

(1) For electrical plan reviews performed on structures meeting the installation requirements of OAR 918-311-0040 and that are in jurisdictions where the Building Codes Division administers and enforces the electrical program, the plan review fee shall be an amount equal to 25 percent of the electrical permit fee(s).

(2) These fees do not apply to electrified fixed guideway railway system installations, which are addressed in 918-305-0500.

History

Statutory/Other Authority: ORS 455.020, ORS 479.730 & ORS 479.870
Statutes/Other Implemented: ORS 455.020, ORS 479.730 & ORS 479.870
BCD 7-2026, amend filed 07/01/2026, effective 07/01/2026
BCD 25-2001, f. 12-28-01, cert. ef. 1-1-02

Or. Admin. R. 918-311-0065 Electric Vehicle Charging Systems Statewide Permit and Inspection Protocol

To ensure a path for the emerging technology and enable the installation of charging systems for electric vehicles the following permit and inspection protocols will apply throughout the state, notwithstanding contrary provisions contained in the Oregon Electrical Specialty Code. This Electric Vehicle Supply Equipment (EVSE) permit covers the installation of all electrical components dedicated to the operation of an electric vehicle charging system. No other state building code permit is required.

(1) Building officials and inspectors shall permit and allow installation of an electric vehicle charging system that has a Building Codes Division special deputy certification label without further testing or certification.

(2) Persons installing an electric vehicle charging system must obtain a permit from the inspecting jurisdiction for the EVSE.

(3)(a) The permit shall be a flat fee based on an inspecting jurisdiction’s feeder permit fee for circuit of equivalent size to cover the cost of enforcement and inspection of the items listed in sub-section (4).

(b) Permits issued under this rule include up to two inspections.

(4) Inspection of an EVSE installation is limited to determining compliance with the following Oregon Electrical Specialty Code provisions:

(a) Overcurrent protection, per articles 225 and 240;

(b) Physical protection of conductors, per article 300;

(d) Provisions for locking out the disconnecting means for maintenance, per chapter 4.

(5) If an electric vehicle charging system is mounted in or on a pedestal that is not attached to a structure, as defined by the Oregon Electrical Specialty Code, the installation of a grounding electrode system to supplement lightning protection is allowed but cannot be required.

(6) An electrical contractor employing a general supervising electrician in accordance with OAR 918-282-0010 is authorized to use a minor installation label to install a new branch circuit limited to 60 amps 240 volts for the purpose of installing a wall mounted EVSE unit in the garage of one and two family dwellings, and connect a listed wall mounted EVSE unit to that branch circuit. The electrical panel where the circuit originates must be in the garage within sight from the EVSE unit.

History

Statutory/Other Authority: ORS 455.065
Statutes/Other Implemented: ORS 455.065
BCD 16-2025, amend filed 12/29/2025, effective 01/01/2026
BCD 10-2012, f. 9-28-12, cert. ef. 10-1-12
BCD 4-2012(Temp), f. & cert. ef. 5-1-12 thru 9-30-12
BCD 8-2010, f. 6-15-10, cert. ef. 7-1-10
BCD 30-2008, f. 12-31-08, cert. ef 1-1-09
BCD 16-2008(Temp), f. & cert. ef. 9-26-08 thru 3-25-09

Or. Admin. R. 918-311-0070 Use and Content of a Written Request to Reconnect an Electrical Installation

(1) As used in this rule:

(a) “Authority having jurisdiction” means the state or local government agency with authority under ORS Chapter 455 to inspect an electrical installation.

(b) “Electric utility” has the meaning given that term in ORS 469.300(10).

(c) “Uncontrollable event” means an event beyond the reasonable control of any person, including but not limited to, fire, floods, and severe weather.

(d) “Remote location” has the meaning given that term in OAR 918-271-0020.

(2) A licensed general supervising electrician may request that an electric utility energize a completed electrical installation before an authority having jurisdiction has inspected the completed electrical installation. Upon receipt of a request from a licensed general supervising electrician, an electric utility may energize an electrical installation to:

(a) Restore electrical service that was interrupted or disconnected because of a service change or uncontrollable event; or

(b) Initiate or restore electrical service to a remote location.

(3) A request made by a licensed general supervising electrician under subsection (2) of this rule shall be made in writing, using a form prescribed by the Building Codes Division, and must include the following information:

(a) The name, license number, and signature of the general supervising electrician who directed, supervised, made, or controlled the making of the electrical installation described in subsection (2) of this rule;

(b) The name and license number of the electrical contractor employing the general supervising electrician described in paragraph (a) of this subsection;

(d) The address or location of the electrical installation if different than the customer’s

address;

(e) The date on which the electrical installation was completed by the general supervising electrician described in paragraph (a) of this subsection;

(f) The name, mailing address, and telephone number of the authority having jurisdiction to inspect the completed electrical installation;

(g) The name, mailing address, and telephone number of the electric utility receiving the request;

(h) Either the number of an electrical permit, if a permit is attached to the electrical installation, or a copy of a temporary permit, if a copy of the permit is posted at the job site; and

(i) Whether the request is for the purpose of restoring electrical service that was interrupted or disconnected because of a service change or uncontrollable event, or initiating or restoring electrical service to a remote location.

(4) A licensed general supervising electrician who makes a request under subsection (2) of this rule shall provide a copy of that request to:

(a) The electrical contractor described in subsection (3)(b) of this rule;

(b) The customer described in subsection (3)(c) of this rule; and

(5) By the close of business on the first business day following the energizing of an electrical installation by an electric utility in response to a request submitted under subsection (2) of this rule, the electrical contractor described in subsection (3)(b) of this rule shall:

(a) Notify the authority having jurisdiction described in subsection 3(f) of this rule that the electrical installation has been energized; and

(b) Request that the authority having jurisdiction described in subsection 3(f) of this rule inspect the completed electrical installation.

(6) Notwithstanding ORS 756.040, 756.060, 757.035, and any rules adopted under those statutes, an electric utility may not energize a completed electrical installation as requested by a licensed general supervising electrician before an authority having jurisdiction has inspected the completed installation, unless the submitted request complies with subsection (3) of this rule.

(7) A civil penalty may be assessed against a person for violating subsections (2) through (6) of this rule in a manner provided by OAR 918-001-0036. In assessing a penalty under this subsection, the director may consider any appropriate factors, including, but not limited to, any prior violations of:

(a) Subsections (2) through (6) of this rule; or

(b) The Electrical Safety Law, ORS 479.510 to 479.945 and 479.995, and any rules adopted under the Electrical Safety Law.

History

Statutory/Other Authority: ORS 479.570
Statutes/Other Implemented: ORS 479.570
BCD 18-2008, f. 9-26-08, cert. ef. 10-1-08

Or. Admin. R. 918-311-0080 Alternate Certification for Installation of Small Wind Turbines

(1) Wind turbines with a name plate capacity of not more than 100kW that meet the following criteria are considered certified as required by ORS 479.610.

(2) Certification under this rule only applies to small wind turbines where:

(a) The product design is reviewed for compliance with appropriate product safety and functionality standards and stamped by an Oregon-licensed professional electrical engineer; and

(b) The inverter is listed or labeled by a Nationally Recognized Testing Laboratory.

(3)(a) To ensure the safety of the components under this rule:

(A) The manufacturer must submit one of each model of the product to an approved field evaluation firm for evaluation and approval as meeting electrical product safety standards;

(B) The manufacturer must certify that each additional turbine of the same model meets the approved electrical product safety standards of the evaluated model; and

(C) The field evaluation firm will provide for random evaluation of additional units as necessary, in accordance with the recommended practices required by OAR 918-306-0010(2)(c).

(b) If the approved model is changed it must be re-evaluated.

(4) Documentation demonstrating compliance with section (3) of this rule must be provided to the inspecting jurisdiction.

(5) Installations performed under this rule are required to comply with all appropriate permit, inspection, and licensing requirements.

(6) The provisions of this rule expire on January 1, 2011.

History

Statutory/Other Authority: ORS 479.760
Statutes/Other Implemented: ORS 479.760
BCD 6-2009, f. 9-30-09, cert. ef. 10-1-09
BCD 5-2009(Temp), f. & cert. ef. 7-27-09 thru 10-1-09

Or. Admin. R. 918-311-0090 Temporary rule language in effect until 12/27/2026. Off-Site Electrical Public Works

(1) This rule implements the provisions of HB 2688 (2025), and is only intended to determine what electrical systems and components of electrical systems are subject to the definition of public works in ORS 279C.800. This rule does not change or modify any requirements, including licensing, under ORS 479.510 to 479.945 and rules adopted by the Electrical and Elevator Board or the Building Codes Division.

(2) The Electrical and Elevator Board has determined that, for the purposes of applying ORS 279C.800(6)(a)(G)(iv)(III), electrical systems and components of electrical systems includes any system that:

(a) Is fabricated, assembled, pre-constructed, or constructed off-site for a project and that complies with the requirements in ORS 279C.800(6)(a)(G)(i)-(iv) and rules adopted by the Oregon Bureau of Labor and Industries; and

(b) Conforms with the requirements of ORS 479.510 to 479.945, and rules adopted by the Electrical and Elevator Board or the Building Codes Division; and

(A) Applies to uncertified off-site prefabricated electrical products allowed under ORS 479.540(11)(a)(D); or

(B) Is a certified electrical product that is modified off-site.

(3) Electrical products certified under ORS 479.760 are not subject to the definition of public works under ORS279C.800(6)(a)(G)(iv)(III).

History

Statutory/Other Authority: ORS 279C.800
Statutes/Other Implemented: ORS 279C.800
BCD 6-2026, temporary adopt filed 06/30/2026, effective 07/01/2026 through 12/27/2026

Division 400 SAFETY CODE FOR ELEVATORS

Or. Admin. R. 918-400-0200 Notice of Rule Making

The following persons shall be provided all elevator-related rulemaking notices at no charge:

(1) All active Oregon licensed elevator contractors;

(2) All Oregon state elevator inspectors; and

(3) International Union of Elevator Constructors, Locals 19 (Seattle), 23 (Portland) and 38 (Salt Lake City).

History

Statutory/Other Authority: ORS 183.335
Statutes/Other Implemented: ORS 183.335
BCD 13-1999, f. & cert. ef. 10-1-99
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0220 Attorney General Model Rules of Procedure

The Attorney General’s Model Rules of Procedure, as adopted by the division in OAR 918-001-0010, apply in all contested cases.

History

Statutory/Other Authority: ORS 183.341
Statutes/Other Implemented: ORS 183.341
BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0075
DC 1-1985, f. & ef. 1-4-85, Renumbered from 814-030-0050
DC 25-1982, f. & ef. 12-16-82

Or. Admin. R. 918-400-0240 Appeals under ORS 460.155

When an appeal is filed under ORS 460.155, formal contested case proceedings will be provided to the appellant.

(1) A hearings officer will hear the appeal and provide a report and recommendations to the board and the administrator.

(2) The board considers the report and exceptions, if any are filed, and provides recommendations to the administrator.

(3) The administrator enters a final order.

History

Statutory/Other Authority: ORS 460.155
Statutes/Other Implemented: ORS 460.155
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0270 Definitions, Cross Reference

(1) Statutory definitions for the elevator laws are in ORS 460.005.

(2) Electrical definitions are in ORS 479.530.

(3) Code definitions are in Section 1.3 of the adopted Oregon Elevator Specialty Code (ASME A17.1).

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 2-2005, f. 3-16-05, cert. ef. 4-1-05
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0275 Accident Reporting

(1) The division or Chief Elevator Inspector shall be notified of an elevator injury to a person or persons.

(2) The elevator shall be placed out of service following an injury to a person or persons. The elevator or any part of its equipment shall not be changed or altered, repaired or moved, except to give emergency aid or assistance to the injured person or persons.

(3) The elevator shall not be returned to service without permission from the division.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.045
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0700
BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0085
DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0060

Or. Admin. R. 918-400-0280 Board-Created Definitions

For the purposes of OAR chapter 918, division 400, unless the context requires otherwise, the following definitions are adopted:

(1) "Alteration" means a change of original design or operation through modernization, replacement of components or assemblies, or upgrade to existing equipment.

(2) "ANSI" means the American National Standards Institute.

(3) "Apprentice" means any person who is enrolled in an approved elevator apprenticeship program.

(4) "ASME" means the American Society of Mechanical Engineers.

(5) "Board" means the Electrical and Elevator Board.

(6) "BOLI" means the Bureau of Labor and Industries Apprenticeship and Training Division.

(7) "Conveyance" is the industry term for elevator and includes, but is not limited to, escalator, man lift, inclined elevator, dumbwaiter, lowerator, platform hoist, material lift, moving walk, platform or wheelchair lift, and chair lift.

(8) "Electrical equipment" means any device or group of components that is connected to a source of electrical power. Such devices include, but are not limited to, electro-mechanical switches, controllers, motors, car and hall fixtures, lighting fixtures, or any other component that has exposed electrical parts or connections either by design or when protective covers are removed.

(9) "Elevator Lobby" means the area in front of an elevator for waiting, boarding, disembarking, loading, and unloading.

(10) "Equipment testing" means safety tests required by the adopted safety standard and required to be performed by properly licensed elevator technicians.

(11) "Industrial plant" means a facility engaged in a manufacturing endeavor to make a finished product using raw materials, especially on a large industrial scale wherein elevators are located and maintained by authorized plant personnel.

(12) "Interactive testing and maintenance" means that which requires interaction with the technical components of controllers and machinery and except where allowed by law, interactive testing and maintenance checks must only be performed by licensed elevator personnel. This includes, but is not limited to, car and counterweight safety tests, pressure relief tests, buffer tests, brake tests, unintended car movement, and ascending car over speed tests.

(13) "License" means a document that signifies competency to install, repair, alter, or maintain elevator mechanical equipment within a particular field in the elevator industry.

(14) "Maintenance" means the renewal of operating parts, cleaning, lubricating, and adjusting existing elevator equipment to ensure proper and safe operation as required by code.

(15) "Mitigating Circumstances" are caused by a lack of materials or labor and are beyond the reasonable control of a building owner or contractor.

(16) “Modernization” means replacing elevator equipment with equipment that is not of the same design.

(17) "Operational testing and maintenance" means that which requires measurement, observation, cleaning, and lubricating equipment that does not require disassembly or opening the equipment and must be permitted to be performed by authorized or licensed elevator personnel. This includes, but is not limited to, fire service tests, step/skirt index tests, cleaning and lubricating exposed surfaces, starting and stopping of equipment through normal means, smoke and heat detector tests, relamping and repairing car lighting fixtures, and monthly monitoring of hydraulic oil levels.

(18) "Operator" means an individual employed by a general contractor, elevator contractor, or owner to operate an elevator under a construction use permit.

(19) "Reciprocating conveyor" means:

(a) A self contained, power driven stationary device that moves objects on a platform equipped with safety guards; or

(b) A prepackaged, self contained unit, that moves individuals in a residence on a motorized chair, along a predetermined horizontal, inclined, or vertical path between loading and discharge points.

(A) "Prepackaged" means a reciprocating conveyor sold as a unit that:

(i) Requires no electrical installations as defined by ORS 479.530;

(ii) Requires minimal assembly; and

(iii) Is installed on a straight run stairway.

(B) For the purposes of this section, the definition does not include vertical wheelchair lifts.

(20) "Repair" means the restoration of an elevator to its original intended design, but not changing its operation or intended use.

(21) "Term" means a set period for each phase of training within an approved apprenticeship program.

(22) "Transferable experience" means experience, knowledge, and aptitude gained on equipment not governed by the Elevator Safety Law but is similar in construct and application to the types of equipment associated with the licensing requirements herein.

(23) "Vertical Reciprocating Lift" means a power driven, isolated, self contained stationary lift that meets the requirements of the Oregon Elevator Specialty Code, Vertical Reciprocating Lift Code.

(24) "Waiver" or "Variance" means a site-specific exception from code requirement granted under ORS 460.085.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08
BCD 17-2007, f. 12-28-07, cert. ef. 1-1-08
BCD 3-2003, f. 2-28-03, cert. ef. 3-1-03
BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03
BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03
BCD 25-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 13-1999, f. & cert. ef. 10-1-99
BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0005
DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0003

Or. Admin. R. 918-400-0320 Examination for Inspectors

(1) Applicants for a certificate of competency as a division elevator inspector, or an employee or representative of a casualty insurance company, shall pass a written examination; and one of the following:

(a) Pass a practical examination, which tests knowledge of elevator equipment and the proper operation of elevators;

(b) Be a Quality Elevator Inspector certified through an ASME-approved certification program; or

(2) If the applicant fails either the written or practical examination, applicant may retake the failed portion within 180 days of the original test date. After 180 days the applicant may reapply and retake all the tests.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.055
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0470
BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0070
DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0045

Or. Admin. R. 918-400-0330 Interpretation — Scope of License

The construction or modification of a hoistway enclosure or machine room enclosure that does not involve alteration, repair or maintenance of an elevator does not require an elevator contractor’s license. However, the alteration to these structures must comply with applicable sections of the current adopted editions of the Oregon Elevator Specialty Code and the Oregon Structural Specialty Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.055
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0480
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0333 Scope of Elevator Licensing

This rule lays out the licensing requirements for persons performing electrical and mechanical work on elevators.

(1) Electrical Elevator Contractor. Only a contractor licensed under ORS 479.630 and OAR 918-282-0017 may engage in the business of performing electrical work on an elevator.

(2) Elevator Contractor. Only an elevator contractor licensed under ORS 460.045 may engage in the business of performing mechanical work on an elevator.

(3) Limited Elevator Journeyman. A limited elevator journeyman licensed under ORS 479.630(6) may perform electrical and mechanical installation, maintenance and repair work on an elevator.

(4) Limited Elevator Mechanic. A limited elevator mechanic licensed under ORS 460.057 is restricted to the installation, alteration, repair and maintenance of a specific type, or types, of elevator mechanical equipment, in accordance with OAR 918-400-0380.

(5) Elevator Apprentice. An elevator apprentice licensed under ORS 460.059 is restricted to assisting a limited elevator mechanic in performing mechanical work on elevators, in accordance with OAR 918-400-0390.

(6) Reciprocating Conveyor Mechanic. A reciprocating conveyor mechanic licensed under ORS 460.061 is restricted to the installation, alteration, repair and maintenance of the mechanical portions of reciprocating conveyors.

(7) Restricted Reciprocating Conveyor Mechanic. A restricted reciprocating conveyor mechanic licensed under ORS 460.061 is restricted to the installation, alteration, repair and maintenance of the mechanical portions of reciprocating conveyors under the supervision of a person holding a reciprocating conveyor mechanic license. “Supervision" means the person supervised is in the physical presence of a qualified licensed person at the job site.

History

Statutory/Other Authority: ORS 460.061, 460.085 & 479.630
Statutes/Other Implemented: ORS 460.045, 460.057, 460.059, 460.061 & 479.630
BCD 17-2007, f. 12-28-07, cert. ef. 1-1-08
BCD 12-2004, f. 8-20-04, cert. ef. 10-1-04
BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03
BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03

Or. Admin. R. 918-400-0340 Elevator Contractor License

A person seeking issuance or renewal of an elevator contractor license must:

(1)(a) Provide a list of the company's employees and their license numbers issued under ORS 460.057, 460.059, 460.061, or 479.630 who will be performing the installation, alteration, repair, and maintenance of elevator mechanical equipment; or

(b) Provide a list of employees who have applied and qualify for licensure under ORS 460.057, 460.061, or 479.630.

(2) Provide written documentation from the company's insurance carrier that the applicant is insured as an elevator contractor. The certificate of insurance, or its equivalent, required by this section must:

(a) Be a certified copy or original on the standard form issued by the insurance carrier;

(b) Include the insurance policy number, the insured's name, and the insurance company's name, address, and telephone number;

(c) Have clear information that the insurance company recognizes the insured as an elevator contractor and that the policy will cover the scope of elevator-related work in which the contractor is engaged; and

(d) Show proof of authorization from the insurance carrier that the division will be given notice upon any change to or cancellation of the insurance policy.

(3) Provide verification of the State Construction Contractors Board registration as an elevator company; and

(4) Pay applicable fees as required by OAR 918-400-0800.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.045 & 479.630
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 17-2007, f. 12-28-07, cert. ef. 1-1-08
BCD 12-2004, f. 8-20-04, cert. ef. 10-1-04
BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03
BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03
BCD 25-2000, f. 9-29-00, cert. ef. 10-1-00

Or. Admin. R. 918-400-0380 Limited Elevator and Reciprocating Conveyor Licenses

(1) Limited Elevator Mechanic License

(a) Pursuant to ORS 460.057, any person installing, altering, repairing, or maintaining elevator mechanical equipment prior to October 23, 1999, and who does not otherwise qualify for licensure herein, may be issued a limited elevator mechanic's license commensurate with their prior verifiable work experience if they apply in the manner established by the division in OAR chapter 918, division 30.

(b) The following may not be used to determine prior experience:

(A) Work on equipment not regulated by the Elevator Safety Law unless such prior experience is considered to be transferable experience gained prior to October 23, 1999;

(B) The installation, alteration, repair, or maintenance of equipment installed in Oregon that was not lawfully permitted as required by the Elevator Safety Law;

(C) Work in Oregon while employed by a company not lawfully licensed as an elevator contractor in Oregon or not lawfully registered with the Construction Contractors Board; or

(D) Experience gained in violation of any other state law.

(c) Experience gained may be considered based on the following. Applicants must have been regularly engaged in the installation, alteration, repair, or maintenance on the type, or types, of equipment commensurate with the license being sought based on:

(A) Minimum of 4,000 hours "substantial experience" lawfully obtained on equipment covered by a limited elevator mechanic's license;

(B) "Substantial experience" for purposes of this rule, means verified evidence in the form of two separate notarized affidavits. One from an Oregon business attesting the person has been involved in 40 or more elevator projects and one from a CPA attesting that the business had at least $75,000 of gross business prior to October 23, 1999. Nothing in this rule prevents an applicant from faxing or scanning and e-mailing documents.

(d) A license under this rule is limited to the scope of work for which the person has provided work experience acceptable to the division.

(2) Reciprocating Conveyor Mechanic License. Applicant must demonstrate 3,000 hours of "lawful work experience," as defined in OAR chapter 918, division 30, in the installation, alteration, repair, and maintenance of reciprocating conveyors. An applicant must apply for the license as required under OAR chapter 918, division 30.

(3) Restricted Reciprocating Conveyor Mechanic License. Applicant must apply to the division as required under OAR chapter 918, division 30.

(4) Exemption from Limited Elevator and Reciprocating Conveyor Licensing Requirements. A person installing the mechanical portion of a reciprocating conveyor defined in OAR 918-400-0280(19)(b) is not required to hold any kind of mechanic's license under the Elevator Safety Law. This section does not exempt the installation of reciprocating conveyors defined in 918-400-0280(19)(b) from other applicable provisions of the Elevator Safety Law, including ORS 460.045.

History

Statutory/Other Authority: ORS 460.057, 460.061, 460.085 & 455.117
Statutes/Other Implemented: ORS 460.057 & 460.061
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 17-2007, f. 12-28-07, cert. ef. 1-1-08
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
BCD 8-2005, f. & cert. ef. 4-1-05
BCD 12-2004, f. 8-20-04, cert. ef. 10-1-04
BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03
BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03

Or. Admin. R. 918-400-0385 Elevator Apprentice License

(1) Apprentices shall meet the following minimum requirements:

(a) Be 17 years of age to apply, 18 years of age to indenture;

(b) Have a high school diploma, GED or international equivalency; and

(2) Apprentice license:

(a) Shall be issued to individuals enrolled in registered apprenticeship programs approved by the board and the Oregon State Apprenticeship and Training Council under ORS Chapter 660;

(b) Will be suspended upon completion or termination from an approved apprentice program.

History

Statutory/Other Authority: ORS 460.059 & 460.085
Statutes/Other Implemented: ORS 460.059
BCD 12-2004, f. 8-20-04, cert. ef. 10-1-04
BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03
BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03

Or. Admin. R. 918-400-0390 Apprentice Scope of Work

A person with an apprentice license issued under OAR 918-400-0385 must:

(1) Work consistent with the apprenticeship committee's requirements under ORS chapter 660 and these rules; and

(a) Engage only in cleaning, lubrication, painting, relamping fixtures, and replacing of comb plate teeth of existing installations with limited supervision after completing:

(A) At least 2,000 hours (12 months) of work experience;

(B) The appropriate related instruction for two periods; and

(b) The apprentice engages only in installation, alteration, maintenance, and repair with limited supervision after completing:

(A) 4,000 hours of work experience;

(B) The appropriate related classroom instruction; and

(2) As apprentices progress through each phase, they may be authorized to participate in work processes of the preceding phase provided they have been evaluated and authorized by the apprenticeship committee to do the specific type of work.

(3) A person enrolled in a board-approved apprenticeship program, who has been issued an apprentice card by BOLI, shall be considered licensed under ORS 460.059.

History

Statutory/Other Authority: ORS 460.059 & 660
Statutes/Other Implemented: ORS 460.059, 460.085 & 479.630
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 12-2004, f. 8-20-04, cert. ef. 10-1-04
BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03
BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03

Or. Admin. R. 918-400-0395 Apprenticeship Program Requirements

In order to obtain board approval of an individual elevator apprentice program, the following requirements must be met:

(1)(a) On-the-job training installing, repairing, altering, and maintaining elevator mechanical equipment in the following work categories and minimum hours:

(A) Basic construction and maintenance safety and tools — 150 hours;

(B) Blue print reading — 150 hours;

(D) Guide rail systems installation and maintenance — 150 hours;

(E) Drive machines and systems; overhead equipment including beams and sheaves — 150 hours;

(F) Hydraulic systems and control valves — 150 hours;

(G) Car frames, platforms, and enclosures — 150 hours;

(H) Doors, entrances, and operators — 150 hours;

(I) Adjusting elevator systems — 150 hours;

(J) Maintenance and periodic testing requirements — 150 hours;

(K) Alteration of existing equipment — 150 hours;

(L) Structure and operation of escalators and moving walks — 150 hours; and

(M) Installing related equipment such as dumbwaiters, wheelchair lifts, and material lifts — 150 hours.

(b) Total Hours Required. Total work experience must be at least 4,000 hours. No more than 300 percent credit is allowed under paragraphs (A) through (M) for any one subject.

(2) Required Educational Training. 144 hours of classroom instruction must be provided each year covering the following subjects. Individuals are required to obtain grades of "C" or better in graded classes and a "pass" in non-graded classes for the following subjects:

(a) Basic construction and maintenance safety;

(b) Blueprint reading;

(d) Equipment testing procedures;

(e) Guide rail systems installation and maintenance;

(f) Pit equipment and maintenance;

(g) Car frames, platforms, and enclosures;

(h) Hoisting and rigging;

(i) Overhead equipment including beams and sheaves;

(j) Hoist ropes and roping procedures;

(k) Structure and operation of escalators and moving walks;

(l) Drive machines and components;

(m) Hydraulic systems and control valves; and

(n) Traction machines and components.

History

Statutory/Other Authority: ORS 460.059
Statutes/Other Implemented: ORS 460.059, 460.085 & 479.630
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 12-2004, f. 8-20-04, cert. ef. 10-1-04
BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03
BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03

Or. Admin. R. 918-400-0435 Governing Codes

(1) The applicable code to which an elevator is inspected for installation or alteration shall be:

(a) The Oregon Elevator Specialty Code in effect when plans, pertinent data and fees are received by the division; or

(b) Where conflicts arise between specialty codes, the following may be used to determine which code applies:

(A) The Oregon Elevator Specialty Code in effect at the time the electrical permit was issued impacting the installation of the elevator; or

(B) The Oregon Elevator Specialty Code in effect at the time the structural permit was issued impacting the elevator.

(c) The governing code for elevator installations or alterations following an expired permit shall be the Oregon Elevator Specialty Code in effect at the time of the new submittal.

(2) The governing code for inspections of existing elevators related to issuance of operating permits shall be as provided in OAR 918-400-0465. This same requirement applies for elevators placed back into service.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0500
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0445 Code References

(1) Where an Oregon Elevator Specialty Code refers to the latest edition of another code, has words of similar import, or does not provide a fixed edition adoption date, the reference must be to the applicable code in place on the same date the same provision of the Oregon Elevator Specialty Code was adopted.

(2) References to the following codes in the Oregon Elevator Specialty Code mean:

(a) “NFPA 70, National Electrical Code” is replaced by the “Oregon Electrical Specialty Code”;

(b) “International Residential Code” is replaced by the “Oregon Residential Specialty Code”; and

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.030 & 460.085
Statutes/Other Implemented: ORS 460.085
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0510
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0455 Adopted Oregon Elevator Specialty Code

(1) Effective January 1, 2024, the 2024 Oregon Elevator Specialty Code is comprised of

Seven national model codes published by the American Society of Mechanical Engineers (ASME), as amended by the Building Codes Division in OAR 918-400-0458, which are the:

(a) Safety Code for Elevators and Escalators, ASME A17.1-2019;

(b) Guide for Inspection of Elevators, Escalators and Moving Walks, ASME A17.2-2020;

(d) Standard for Elevator Suspension, Compensation, and Governor Systems, ASME A17.6-2022;

(e) Safety Standard for Platform Lifts and Stairway Chairlifts, ASME A18.1-2020;

(f) Safety Standard for Belt Manlifts, ASME A90.1-2015; and

(g) Performance Based Code, ASME A17.7-2007 (R2012).

(2) Referenced standards referred to within adopted national model codes shall recognize the latest Oregon adopted edition unless otherwise specified in this rule.

(3) Notwithstanding any licensing or certification provisions contained in the model codes adopted in subsection (1) of this section for inclusion in the Oregon Elevator Specialty Code, the standards and requirements applicable to elevator business and trade licenses, as well as inspector certifications, issued by the Building Codes Division are established in ORS chapters 455, 460, and 479, and OAR chapter 918, divisions 30, 90, and 282.

(4) For the purposes of implementing a phase-in period for ASME Standard A17.3, the Safety Code for Existing Elevators and Escalators, the 2002 edition is adopted for a period of six months beginning January 1, 2024 and ending July 1, 2024.

(5) During the six-month phase-in period established in section (4) of this rule, the equipment owner may choose to have either the 2002 edition or the 2020 edition of ASME Standard A17.3 used for an inspection. Beginning July 2, 2024, the state is required to inspect existing installations of elevators and escalators using the 2020 edition of ASME Standard A17.3 as adopted in the 2024 Oregon Elevator Specialty Code.”

[Publications: Publications referenced are available for review at the agency.]

History

Statutory/Other Authority: ORS 455.030 & 460.085
Statutes/Other Implemented: ORS 455.030 & 460.085
BCD 10-2023, amend filed 12/29/2023, effective 01/01/2024
BCD 33-2011, f. 12-30-11, cert. ef. 1-1-12
DC 25-1982, f. & ef. 12-16-82; DC 12-1986(Temp), f. & ef. 7-8-86; DC 10-1987, f. & ef. 4-13-87; Renumbered from 814-030-0005; BCA 35-1989, f. 12-22-89, cert. ef. 1-1-90; BCA 7-1992, f. & cert. ef. 4-10-92; BCA 26-1992, f. 12-29-92, cert. ef. 1-1-93; BCA 13-1993(Temp), f.6-23-93, cert. ef. 7-1-93; BCA 17-1993, f. 8-24-93, cert. ef. 9-1-93; BCA 24-1993, f. 10-22-93, cert. ef. 11-1-93; BCA 35-1993, f. 12-14-93, cert. ef. 1-1-94; BCD 21-1994, f. 9-13-94, cert. ef. 9-15-94; BCD 18-1995, f. & cert. ef. 12-15-95; Renumbered from 918-400-0010; BCD 3-1997, f. 3-18-97, cert. ef. 4-1-97; BCD 20-1997, f. 12-24-97, cert. ef. 1-1-98; BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0520; BCD 3-2003, f. 2-28-03, cert. ef. 3-1-03; BCD 2-2005, f. 3-16-05, cert. ef. 4-1-05; BCD 17-2006, f. 12-29-06, cert. ef. 1-1-07; BCD 34-2008, f. 12-31-08, cert. ef. 1-1-09

Or. Admin. R. 918-400-0458 Amendments to the Oregon Elevator Specialty Code

(1) The Oregon Elevator Specialty Code, adopted at OAR 918-400-0455, is amended pursuant to OAR chapter 918, division 8. Amendments to the Oregon Elevator Specialty Code are provided in this rule, along with the title of the amended code and a descriptive caption of the amendment.

(2) Effective January 1, 2024, the Safety Code for Elevators and Escalators, ASME A17.1 2019, is amended by the adoption of Oregon specific amendments. The Oregon specific amendments are published in their entirety at Table 2-L.

[Publications: Publications referenced are available for review at the agency.]

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 455.030 & 460.085
Statutes/Other Implemented: ORS 455.030 & 460.085
BCD 1-2024, minor correction filed 01/03/2024, effective 01/03/2024
BCD 10-2023, amend filed 12/29/2023, effective 01/01/2024
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 33-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 34-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 17-2006, f. 12-29-06, cert. ef. 1-1-07

Or. Admin. R. 918-400-0465 Elevator Maintenance Requirements

(1) The governing code for the repair and maintenance of existing elevators and for placing elevators back in service shall be the Oregon Elevator Specialty Code which includes the Safety Code for Existing Elevators and Escalators, ASME A17.3-2020 published by the American Society of Mechanical Engineers, as amended by the Building Codes Division.

(2) Exceptions

(a) Where ASME A17.3 fails to clearly define or govern a specific device or type of conveyance, the code under which the unit was installed, or the latest alteration code, if applicable, shall be used

(b) The 1937 code applies to devices installed prior to March 1937.

(3) When elevator signal fixtures are altered, all elevator signal fixtures, car handrail(s), and two-way communication device(s) shall be brought into compliance with the applicable disability regulations in the Oregon Structural Specialty Code.

(4) All requirements for periodic safety tests, repair of existing devices and maintenance shall be brought into compliance within the time period required in the periodic inspection report.

(5) Except as provided in section (4) of this rule, the maximum time allowed to comply with new maintenance standards for existing elevators shall not be more than 24 months from date of periodic inspection except:

(a) The replacement of hand line control as required by ASME A17.3, Section 3.10.1 shall be allowed a maximum of 36 months to comply.

(b) All existing elevator hoistway gates or doors required to comply with ASME A17.3, Section 2.6.1 and car doors or gates required to comply with Section 3.4.2(a) shall meet the minimum 72-inch (1828.8 mm) height requirement within 60 months from the date of the periodic safety inspection following effective date of this rule, or when the gate requires complete replacement, whichever comes first.

(c) All elevators required by ASME A17.3, Section 3.11.3 to have fire fighters' service shall comply with this rule within 60 months from date of the periodic safety inspection.

(d) All passenger elevators and freight elevators allowed to carry passengers permitted after January 1, 1993, shall comply with ASME A17.3, Section 3.11.1. Elevators not in compliance with the applicable chapter of the Oregon Structural Specialty Code for elevator communication devices as of January 1, 1993, shall have 24 months from date of periodic inspection to install the proper communicating device.

(e) Compliance extensions beyond the limits set in this section may be granted where, because of material shortages or extent of required changes, the additional time is necessary to achieve compliance.

History

Statutory/Other Authority: ORS 460.085 & 455.117
Statutes/Other Implemented: ORS 460.085 & 455.117
BCD 10-2023, amend filed 12/29/2023, effective 01/01/2024
BCD 8-2006, f. 6-30-06, cert. ef. 7-1-06
BCD 2-2005, f. 3-16-05, cert. ef. 4-1-05
BCD 3-2003, f. 2-28-03, cert. ef. 3-1-03
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0530
BCD 3-1997, f. 3-18-97, cert. ef. 4-1-97
BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0100
DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0075

Or. Admin. R. 918-400-0475 Interpretation — Accessibility

Federal and state accessibility requirements apply to the installation and operation of elevators.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0710
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0525 Plan Review Requirements

Plans and pertinent data submitted to the department under ORS 460.048 must include proof that the elevator equipment meets the Oregon Elevator Specialty Code by providing the following information:

(1) Electrical product certification by providing;

(a) The listing or certification number and identification of the approved laboratory that tested the equipment;

(b) When applicable, date and identification of the electrical special deputy who certified the equipment to the Oregon Elevator Specialty Code electrical requirement; or

(2) For the purpose of complying with plan submittal requirements of ORS 460.048, and when applicable to the type of equipment being proposed, a complete set of drawings must include:

(a) Elevation view;

(b) Plan view;

(d) Cab and fixture detail;

(e) Hoistway entrance detail; and

(f) Electrical straight line wiring diagrams showing, as a minimum, safety circuits, normal and final limit circuits, and door lock circuits, which must include circuitry required by the Oregon Elevator Specialty Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.048
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 2-2005, f. 3-16-05, cert. ef. 4-1-05
BCD 3-2003, f. 2-28-03, cert. ef. 3-1-03
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0610
BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0120
BCD 21-1994, f. 9-13-94, cert. ef. 9-15-94

Or. Admin. R. 918-400-0535 Installation and Alteration Permits — Interpretation

(1) ORS 460.045 and 460.048 contain the requirements for division approval of plans and pertinent data and for a current operating permit before placing certain elevators in use.

(2) For the purposes of the elevator laws and rules, the written approval of plans and pertinent data and permission to commence with installation or alteration is a permit.

History

Statutory/Other Authority: ORS 460.045 & 460.048
Statutes/Other Implemented: ORS 460.045 & 460.048
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0400
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0545 Permits for Installation or Alteration

(1) A permit issued for installation or alteration of an elevator shall automatically expire 18 months from date of issuance unless the physical installation or alteration started before the end of the 18th month.

(2) Two unconditional six-month permit extensions may be granted on written request by the elevator contractor, if the extension is requested prior to the permit expiration date.

(3) Upon expiration of a permit, a new application, new plans, pertinent data and associated fees are required.

(4) Fees shall not be refunded for expired permits.

History

Statutory/Other Authority: ORS 460.045
Statutes/Other Implemented: ORS 460.045
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0410
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0600 Initial Inspections

(1) The division shall perform all initial inspections of a new or altered elevator regulated by ORS 460.005 to 460.175.

(2) Prior to all required final inspections, the elevator contractor or person holding the installation or alteration permit shall call for an inspection. Inspections shall be scheduled as soon as resources are available. Where new installation and alteration sites are located more than one hour travel, one-way, from an inspector’s duty station, the contractor shall schedule inspections allowing the inspector to return to the duty station no later than end of business day on Friday or day preceding a holiday.

(3) Prior to the scheduled date of the final inspection, the elevator contractor is required to ensure that the installation of the equipment is complete and fully operational according to applicable codes. The elevator inspector is not obliged to continue an inspection where such evidence is not readily apparent.

(4) When the inspector discontinues an inspection because the installation fails inspection or is not ready for final inspection, the elevator contractor or general contractor shall be charged at the rate provided for in OAR 918-400-0800. Charges shall include all time expended, portal-to-portal, toward such inspections, but no less than 4 hours.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.125
BCD 13-1999, f. & cert. ef. 10-1-99
BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0090
DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0065

Or. Admin. R. 918-400-0620 General Policies Regarding Provisional Permits

(1) Provisional permits shall be issued only when requested by or agreed to by the contractor, owner or operator and the division, as relevant.

(2) When a provisional permit is issued, the division shall place documentation in the file that it considered whether any immediate hazard to health or safety existed and determined that none existed.

(3) Provisional permits shall be issued to allow corrections of items that do not meet code requirements.

History

Statutory/Other Authority: ORS 460.055
Statutes/Other Implemented: ORS 460.055
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0430
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0630 Provisional Permits for Elevators Under Construction

(1) A construction-use (workman's) permit is only issued to an elevator contractor while the elevator is under construction and may be granted under the following conditions:

(a) The elevator must only be used for transportation of workers and materials necessary for the physical construction and inspection of the site and may not be used by the general public;

(b) Notification must be given to the division before making any elevator changes, except those necessary to complete construction of the elevator;

(d) An operator is provided for all elevator operations unless the elevator meets all requirements for normal operations; and

(e) The provisional permit must be:

(A) Specific to a particular elevator; and

(B) Attached to the car enclosure in plain view.

(2) Notwithstanding any expiration date placed on a provisional permit, the permit automatically terminates upon issuance of an operating permit.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.055
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 2-2005, f. 3-16-05, cert. ef. 4-1-05
BCD 3-2003, f. 2-28-03, cert. ef. 3-1-03
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0450
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0640 Provisional Permits for New Installations

With the exception of private residence installations, a provisional permit may be granted to correct violations of the Oregon Elevator Specialty Code for a new or altered elevator installation, subject to the following:

(1) A written request for the provisional permit is made to the division by the permit holder or the general contractor prior to the commencement of any elevator inspections. If granted, the provisional permit shall not exceed 90 days.

(2) The elevator contractor or general contractor shall make all required corrections and otherwise complete the construction of the installation within the time allotted by the provisional permit. Failure to do so shall result in the elevator being removed from service until such corrections are complete. Mitigating circumstances shall be considered for extending a provisional operating permit as determined by the division.

(3) Provisional permits shall be billed according to OAR 918-400-0800 portal-to-portal.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.055
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0460
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0645 Escalator and Moving Walk Clean Down Inspections

(1) Escalators and moving walks must receive bi-annual clean down inspections during each year of an inspection cycle in which a periodic inspections under ORS 460.125 is not performed.

(2) Bi-Annual escalator and moving walk clean down inspections are not covered by an owner’s operating permit fee. Inspection hours, inspector portal-to-portal travel time, and other fees for these inspections are billable as special inspections under 918-400-0800 to the equipment owner or equipment owner’s representative.

(3) Bi-annual escalator and moving walk clean down inspections must include inspection verification of the interior of an escalator and moving walk, and cleaning to prevent an accumulation of oil, grease, lint, dirt, and refuse.

History

Statutory/Other Authority: ORS 455.117, 460.085 & 460.125
Statutes/Other Implemented: ORS 455.117, 460.085 & 460.125
BCD 17-2010, f. 11-30-10, cert. ef. 12-1-10
BCD 14-2010(Temp), f. 9-30-10, cert. ef. 10-1-10 thru 11-30-10

Or. Admin. R. 918-400-0650 Use of Provisional Permits Following Periodic Safety Inspections

(1) A provisional permit may be granted to correct Oregon Elevator Specialty Code deficiencies discovered at a periodic elevator inspection, subject to the following:

(a) The initial provisional permit is issued for a period not to exceed 120 days from the date of the periodic inspection.

(b) A reinspection may be performed 120 days or more from the date of the periodic inspection when determined necessary by the division. If violations found at the periodic inspection still exist, the elevator may be removed from service pursuant to ORS 460.125(3).

(2) Where mitigating circumstances did not allow compliance within the initial 120-day period, an additional 60-day period may be granted providing all work can be completed within a 60-day period from the date of the first reinspection. If violations still exist, the elevator shall be ordered to be disconnected from service pursuant to ORS 460.125(3) and the matter shall be referred for additional enforcement action as relevant.

(3) Written requests for an extension may be granted in extenuating circumstances beyond the owner's or contractor's control, as determined by the division.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.055
Statutes/Other Implemented: ORS 460.055
BCD 8-2006, f. 6-30-06, cert. ef. 7-1-06
BCD 25-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0440
BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0095
DC 15-1983, f. & cert. ef. 6-28-83, Renumbered from 814-030-0070
DC 25-1982, f. & cert. ef. 12-16-82

Or. Admin. R. 918-400-0660 Operating Permits

(1) Operating permits are issued periodically based on two-year inspection intervals.

(2) Clean down inspections of escalators and moving walks performed according to 918-400-0645 are additional inspections under section (3) of this rule for which special inspection fees under 918-400-0800 apply.

(3) The division reserves the right to perform additional inspections outside the two-year inspection interval established by this rule with prior notice to the responsible party according to criteria, which may include but are not limited to the following:

(a) Accidents and injuries;

(b) Commercial and public assembly structures;

(d) Type of elevator;

(e) Passenger or freight conveyances;

(f) Construction only purpose elevators; and

(g) Environmental conditions.

(4) The division may refuse to issue an operating permit if:

(a) Inspections are not satisfactorily completed; or

(b) Permit fees have not been received.

(5) The elevator-operating permit, or copy of the permit, must be posted in clear view in the elevator. A sign may be substituted providing the sign indicates the on-site location where the actual operating permit may be inspected during normal business hours.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.055, 460.065, 460.085 & 460.125
BCD 17-2010, f. 11-30-10, cert. ef. 12-1-10
BCD 14-2010(Temp), f. 9-30-10, cert. ef. 10-1-10 thru 11-30-10
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 8-2007, f. 7-13-07, cert. ef. 10-1-07
BCD 8-2006, f. 6-30-06, cert. ef. 7-1-06
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0420
BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0065
BCA 7-1992, f. & cert. ef. 4-10-92
BCA 41-1991(Temp), f. 12-13-91, cert. ef. 12-15-91
DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0040

Or. Admin. R. 918-400-0662 Renewals

(1) Operating permit fees not received within 90 days of the billing date may be considered delinquent and subject to a late penalty of double the fee amount. It is the equipment owner’s responsibility to maintain a current operating permit. This responsibility includes notifying the division of address and other billing changes. Late penalties may only be waived under exceptional circumstances.

(2) All waiver requests must be submitted in writing and must clearly state the reason for the request. A waiver may be granted for all or part of the additional fee.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.165
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10

Or. Admin. R. 918-400-0665 Periodic Inspections

(1) The elevator owner must make provisions to allow access for inspections as required by ORS 460.135, within 30 days of request by the division.

(2) If access is denied or obstructed in whole or in part at the time of the inspection and a return inspection is necessary, a reinspection fee shall be charged under ORS 460.165 and OAR 918-400-0800.

History

Statutory/Other Authority: ORS 455.117
Statutes/Other Implemented: ORS 455.117
BCD 8-2006, f. 6-30-06, cert. ef. 7-1-06

Or. Admin. R. 918-400-0670 Use of Minor Installation Labels

(1) Elevator contractors having a valid license under ORS 460.045(1) or 479.630(1) and a verified Construction Contractors Board license, when using elevator mechanics licensed under 460.005 to 460.175 or 479.630(6), may purchase and use minor labels as described by OAR 918-100-0000 through 918-100-0060; and,

(2) Only permit requirements are deleted. The Oregon Elevator Specialty Code elevator installation, alteration, and repair provisions and all licensing provisions of ORS 460.005 to 460.175, 479.630(1), or 479.630(6) shall be followed.

[Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08

Or. Admin. R. 918-400-0675 Scope of Elevator Work Allowed with Minor Installation Label

(1) Except as expressly provided in this rule, “minor elevator work” does not include modernization work; minor elevator work allowed under the minor label program provided by OAR 918-100-0000 through 918-100-0060 shall be as follows:

(a) Replacement or repair of elevator signal equipment, including emergency signaling and communications equipment;

(b) Replacement or repair of elevator car lighting or fans;

(d) Replacement or repair of a reopening device for power-operated car doors or gates;

(e) Replacement or repair of pressure piping, piping connections, valves, or fittings;

(f) Replacement or repair of speed governors;

(g) Replacement or repair of hydraulic control valves;

(h) Replacement or repair of elevator entrance assembly; and,

(i) Installation, replacement, repair, or modernization of cartop controls, door operators, or security card readers.

(2) Only one type of minor label work listed in section (1) of this rule may be performed on one minor label; for any 30 day period, only one minor label may be used for each elevator at a job site.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08

Or. Admin. R. 918-400-0680 Minor Label Inspection Fees

(1) The first minor label installation inspection is included in the minor label purchase fee.

(2) In the event that a second inspection is required on an installation, or on a second or third label, the contractor shall pay for the inspection at the callback or reinspection fee rate provided in ORS 460.165(1)(d).

(3) When a contractor has three failed inspections in the same lot of labels, the contractor shall return any unused minor labels to the division; upon final determination, the division shall not issue minor labels to the contractor for a period of one year.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08

Or. Admin. R. 918-400-0685 Misuse of Minor Installation Labels

Violations of the minor label rules are subject to civil penalties or license revocations or both.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08

Or. Admin. R. 918-400-0720 Alternate Approvals

(1) The requirements and procedures for establishing a formal statewide alternate method approval are in ORS 455.060.

(2) When any part of the Oregon Elevator Specialty Code adopted by the division for elevators does not have an alternate method approval provision, the division may approve any material, design or method of construction not specifically prescribed in the Oregon Elevator Specialty Code, provided the alternate material, design or method of construction is at least equivalent to that prescribed in the code in suitability, quality, strength, effectiveness, fire resistance, durability, dimensional stability, safety and sanitation.

(3) An alternate method approval under section (2) of this rule or under any code provision shall be:

(a) Granted only for a site-specific transaction; and

(b) Based on documentation placed in the permit file showing the items considered in the approval.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.060 & 460.085
Statutes/Other Implemented: ORS 455.060
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0540
BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0030
DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0010

Or. Admin. R. 918-400-0730 Reclassification of Elevators

Elevators shall be reclassified only if the elevator meets, exceeds or is altered to at least the current requirements for the new classification and is so used.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0550
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0740 Taking Elevators Out of Service

Except as provided in OAR 918-400-0275, a person wishing to take an elevator out of service must:

(1) Within 30 days of taking an elevator out of service, notify the division in writing of the date the elevator was taken out of service; and

(2) Within 12 months from the date the elevator is taken out of service, disable it as an "installation placed out of service," described in the Oregon Elevator Specialty Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 2-2005, f. 3-16-05, cert. ef. 4-1-05
BCD 3-2003, f. 2-28-03, cert. ef. 3-1-03
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0560
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0750 Placing a Previously Disabled Elevator Back into Service

When an installation previously placed out of service is intended to be returned to operating service:

(1) A written request shall be made to the division for an operating license.

(2) With permission from the division an elevator contractor may operate the elevator and make necessary repairs and adjustments to make the elevator operational.

(3) All testing required to place the type of elevator involved back in service shall be witnessed by a division elevator inspector.

(4) The elevator shall not be placed back into service before an inspection by the division and issuance of an operating permit under OAR 918-400-0465.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0570
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0755 Temporarily Removing Unused Elevators from Service in an Unoccupied Building

(1) Despite OAR 918-400-0740 and except as provided in OAR 918-400-0275, a person wishing to temporarily remove an unused elevator installed in an entirely unoccupied building from service must:

(a) At least 30 days prior to removing the elevator from service, notify the division in writing of the date the elevator will be removed from service;

(b) Within 30 days of removing an elevator from service, provide the division with written confirmation that:

(A) The building in which the elevator is installed is entirely unoccupied;

(B) The elevator removed from service will not be used for any purpose; and

(C) At least one elevator in full compliance with this chapter and the Oregon Elevator Specialty Code, and that serves all floors of the unoccupied building remains in service for any elevator transportation in the unoccupied building.

(2) After receiving notice under section (1)(b) that the elevator has been removed from service, the division will lock-out and red tag the elevator.

(3) Every 12 months from the date the elevator is removed from service, the responsible party must notify the division in writing that the requirements of section (1)(b) continue to be met.

(4) Despite OAR 918-400-0750, when an elevator temporarily removed from service is to be returned to operating service:

(a) At least 30 days prior to returning the elevator to service, the responsible party must notify the division in writing of the date the elevator will be returned to service;

(b) At least 30 days prior to returning the elevator to service, the responsible party must obtain an elevator operating permit from the division;

(c) With permission from the division, an elevator contractor may operate the elevator and make necessary repairs and adjustments to make the elevator operational.

(d) All testing required to place the elevator back in service shall be witnessed by a division inspector prior to the elevator being returned to service; and

(e) The elevator must not be placed back into service before an inspection by the division according to the code under which the unit was installed is performed and an operating permit under OAR 918-400-0660 is issued.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 18-2010, f. 12-30-10, cert. ef. 1-1-11

Or. Admin. R. 918-400-0760 Exceptions from Code Requirements Under ORS 460.085

Authorization to grant exceptions from Oregon Elevator Specialty Code requirements based on hardship or practical difficulty is in ORS 460.085.

(1) A written request for exception shall:

(a) Identify the code requirement from which an exception is requested;

(b) Identify the specific installation for which the exception is sought and the intended effect if granted;

(d) Show how elevator safety is still preserved with the change requested.

(2) Exceptions under ORS 460.085 shall be granted only for a specific installation after receiving technical and safety advice from the board. Denials shall not be taken to the board unless appealed under 460.155.

(3) Financial hardship alone shall not support an exception.

(4) Interpretation. An exception under ORS 460.085 is different from an alternate method approval. An exception is a one-time waiver of a code requirement that includes, but is not limited to, design, standard or safety requirement. An alternate method complies with the performance standards of the code but not necessarily with its prescriptive requirement.

(5) Exceptions are issued on condition that the facts and circumstances that provided reasonable safety remain unchanged. Changed facts and circumstances may cause withdrawal of the exception as provided in OAR 918-400-0770.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0300
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0770 Withdrawal of Exceptions

(1) Exceptions granted under ORS 460.085(3) can be withdrawn if reasonable safety can no longer be maintained:

(a) Because of changes of facts, use or code requirements; or

(b) If the elevator is placed out of service for longer than one year.

(2) The elevator owner or operator shall be notified of an intent to withdraw an exception and of a right to a contested case hearing upon request.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.085
BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0310
BCD 18-1995, f. & cert. ef. 12-15-95

Or. Admin. R. 918-400-0800 Fees

(1) Subject to section (6) of this rule, the following elevator fees are effective under ORS 460.165:

(a) Elevator contractor's license, $585 for application or renewal;

(b) Plan reviews, when required, $78;

(2) The total operating permit fee for a specific type of equipment is calculated by multiplying its base operating permit fee under ORS 460.165 by its inspection interval in 918-400-0660. Effective October 1, 2010, an initial operating permit and an installation permit must be obtained prior to installation. A 12 percent surcharge will be added to the following total operating permit fees at the time of sale:

(a) Inclined Elevator — $196;

(b) Belt Manlift — $196;

(d) Escalator — $196;

(e) Rack & Pinion — $196;

(f) Sidewalk Elevator — $120;

(g) Sidewalk Material Lift — $120;

(h) Special Purpose — $196;

(i) Fees for the following elevators are determined by the rise of each unit: Special Purpose Personnel Elevator, Freight-Hydraulic, Freight-Electric, Passenger-Hydraulic, Passenger-Electric.

(A) Four floor rise or under — $176;

(B) Over a four floor rise, but under a ten floor rise — $216;

(D) Twenty floor rise or over — $314;

(j) Stairway Chairlift — $120;

(k) Dumbwaiter — $120;

(l) Limited-Use Limited Application — $196;

(m) Material Lift — $196;

(n) Vertical Reciprocating Lift — $196;

(o) Vertical Wheelchair Lift — $176;

(p) Inclined Wheelchair Lift — $176;

(q) Stage Lift — $196.

(3) Reinspections on a mechanism in section (2) of this rule made by request or in continued existence of a defect, $75;

(4) For special inspections, testing, consultations, site visits, or other services for which no fee is otherwise specified, $75 per hour for travel and inspection time;

(5) For the installation or alteration of an elevator, if the total cost of the installation or alteration other than the inspection fee, is:

(a) $1,000 or under — $98;

(b) $1,001 to $14,999 — $98, plus $13 for each $1,000 or fraction of $1,000 by which the cost exceeds $1,000;

(d) $50,000 or over — $553, plus $3 for each $1,000 or fraction of $1,000 by which the cost exceeds $50,000.

(6) Elevator alterations.

(a) No fee shall be charged when an alteration is limited to fixture upgrades to meet state-adopted accessibility standards;

(b) No fee shall be charged where the alteration is limited to the car interior upgrades that do not alter the gross weight of the car more than five percent;

(c) When a group of elevators under common group control is proposed for an upgrade, and the same upgrade is proposed for all cars in the group, the inspection fee shall be the contract valuation for the entire elevator upgrade project rather than the higher separate inspection fee for each elevator in the group; and

(d) Where the upgrade for a group of elevators is not identical for each elevator, the fees shall be calculated separately based on the contract valuation for each elevator.

(7) Plan Review Fees. Where a complete set of drawings shows all elevators affected by the proposed installation or alteration, only one plan review fee shall be required rather than a separate fee for each elevator.

(8) Limited Elevator Mechanic's License. The following fee applies to the license issued under OAR 918-400-0380(1): $60 for application or renewal.

(9) Reciprocating Conveyor Mechanic's Licenses. The following fees apply to licenses issued under OAR 918-400-0380(2) and (3):

(a) Reciprocating Conveyor Mechanic's license, $300 for application or renewal;

(b) Restricted Reciprocating Conveyor Mechanic's license, $50 for application or renewal.

History

Statutory/Other Authority: ORS 460.085
Statutes/Other Implemented: ORS 460.061 & 460.165
BCD 17-2010, f. 11-30-10, cert. ef. 12-1-10
BCD 14-2010(Temp), f. 9-30-10, cert. ef. 10-1-10 thru 11-30-10
BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
BCD 4-2009(Temp), f. & cert. ef. 7-16-09 thru 1-1-10
BCD 17-2007, f. 12-28-07, cert. ef. 1-1-08
BCD 12-2004, f. 8-20-04, cert. ef. 10-1-04
BCD 34-2002, f. 12-20-02, cert. ef. 1-1-03
BCD 21-2002(Temp), f. 8-30-02, cert. ef. 9-1-02 thru 2-27-03
BCD 25-2000, f. 9-29-00, cert. ef. 10-1-00
BCD 14-2000(Temp), f. 7-20-00, cert. ef. 8-1-00 thru 1-27-01
BCD 13-1999, f. & cert. ef. 10-1-99
BCD 25-1998, f. 12-22-98, cert. ef. 12-27-98
BCD 10-1998(Temp), f. 6-2-98, cert. ef. 7-1-98 thru 12-27-98
BCD 27-1996, f. & cert. ef. 12-4-96
BCD 11-1996(Temp), f. & cert. ef. 7-1-96
BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0050
BCA 29-1991, f. & cert. ef. 8-30-91
BCA 21-1991(Temp), f. 6-14-91, cert. ef. 7-1-91 thru 12-27-91
DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0030

Division 440 MECHANICAL SPECIALTY CODE

Or. Admin. R. 918-440-0000 Reasonable Notice to Interested Parties: Mechanical Specialty Code

Prior to the adoption, amendment, or repeal of any rule relating to the Oregon Mechanical Specialty Code, the Building Codes Division shall give notice of the proposed action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date; and

(2) By mailing a copy of the notice to persons on the mailing list established pursuant to ORS 183.335 and OAR 918-001-0210.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183.335
Statutes/Other Implemented: ORS 183.335
BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 5-2011, f. & cert. ef. 3-11-11
BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
DC 63-1975, f. & cert. ef. 12-5-75, Renumbered from 814-027-0000

Or. Admin. R. 918-440-0010 Adopted Oregon Mechanical Specialty Code

(1) The Oregon Mechanical Specialty Code is adopted pursuant to OAR chapter 918, division 8.

(2) Effective October 1, 2025, the 2025 Oregon Mechanical Specialty Code is the 2024 Editions of the International Mechanical Code and International Fuel Gas Code as published by the International Code Council and amended by the Building Codes Division.

(3) For the purposes of implementing a phase-in period for the 2025 Oregon Mechanical Specialty Code, the 2022 Oregon Mechanical Specialty Code is adopted for the period beginning October 1, 2025, and ending March 31, 2026.

(4) During the phase-in period established in subsection (3), the use of the 2022 Oregon Mechanical Specialty Code or the 2025 Oregon Mechanical Specialty Code is permitted.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020, ORS 455.030 & ORS 455.110
Statutes/Other Implemented: ORS 455.110
BCD 10-2025, amend filed 09/26/2025, effective 10/01/2025
BCD 16-2022, amend filed 12/29/2022, effective 01/01/2023
BCD 11-2022, amend filed 09/29/2022, effective 10/01/2022
BCD 10-2019, amend filed 09/26/2019, effective 10/01/2019
BCD 6-2014, f. 6-20-14, cert. ef. 7-1-14
BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 5-2011, f. & cert. ef. 3-11-11
BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2007, f. 2-15-07, cert. ef. 4-1-07
BCD 10-2004, f. 8-6-04 cert. ef. 10-1-04
BCD 18-2002, f. 7-26-02, cert. ef. 10-1-02
BCD 5-1999, f. 6-17-99, cert. ef. 10-1-99
BCD 2-1996, f. 2-2-96, cert. ef. 4-1-96
BCD 2-1995, f. & cert. ef. 2-9-95
BCA 27-1992, f. 12-29-92, cert. ef. 1-1-93
BCA 6-1992, f. 3-24-92, cert. ef. 3-27-92
BCA 32-1991(Temp), f. & cert. ef. 9-30-91
BCA 34-1989, f. 12-21-89, ef. 1-1-90
BCA 7-1987, f. & ef. 9-3-87, Renumbered from 814-027-0005
BCA 5-1987(Temp), f. & cert. ef. 3-26-87
BCA 3-1987, f. & cert. ef. 8-4-87
DC 10-1986, f. 6-30-86, cert. ef. 7-1-86
DC 26-1984, f. 8-31-84, cert. ef. 9-15-84
DC 14-1983, f. 6-23-83, cert. ef. 8-1-83
DC 13-1981, f. 10-30-81, cert. ef. 11-1-81
DC 11-1981, f. & ef. 7-20-81
DC 6-1980, f. 6-5-80, ef. 7-1-80
DC 14-1979, f. 12-27-79, ef. 1-1-80
DC 8-1979, f. 4-30-79, cert. ef. 5-1-79, 8-1-79, 1-1-80
DC 22-1978, f. 9-1-78, cert. ef. 10-1-78
DC 85-1976, f. 8-19-76, cert. ef. 10-1-76
DC 75-1976, f. 5-21-76, cert. ef. 8-1-76
DC 68-1976, f. 3-3-76, cert. ef. 4-1-76
DC 62-1975, f. 11-20-75, cert. ef. 1-1-76
DC 52-1975(Temp), f. & cert. ef. 7-3-75 thru 10-31-73
DC 35-1974, f. 6-5-74, cert. ef. 6-25-74

Or. Admin. R. 918-440-0012 Amendments to the Oregon Mechanical Code

The Oregon Mechanical Specialty Code is amended pursuant to OAR chapter 918, division 8. Amendments adopted for inclusion into the Oregon Mechanical Specialty Code are placed in this rule, showing the section reference, a descriptive caption, and a short description of the amendment.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.110
BCD 10-2019, amend filed 09/26/2019, effective 10/01/2019
BCD 9-2016, f. 6-30-16, cert. ef. 7-1-16
BCD 6-2014, f. 6-20-14, cert. ef. 7-1-14
BCD 37-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11, Renumbered from 918-440-0040
BCD 5-2011, f. & cert. ef. 3-11-11, Renumbered from 918-440-0040
BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10, Renumbered from 918-440-0040
BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06
BCD 10-2004, f. 8-6-04 cert. ef. 10-1-04
BCD 19-2003, f. 12-15-03, cert. ef. 1-1-04
BCD 8-2001, f. 7-17-01, cert. ef. 10-1-01
BCD 5-2000, f. 3-9-00, cert. ef. 4-1-00
BCD 15-1999, f. & cert. ef 10-6-99 thru 4-2-00
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 5-1997, f. 3-21-97, cert. ef. 4-1-97
BCD 2-1996, f. 2-2-96, cert. ef. 4-1-96
BCD 32-1994, f. & cert. ef. 12-30-94

Or. Admin. R. 918-440-0015 Refrigeration Installer Certification

All persons engaged in brazing or welding related to the installation, alteration or repair of refrigeration piping systems not regulated by the Oregon Boiler and Pressure Vessel Program under OAR chapter 918, division 225, shall be certified in accordance with the requirements of this rule.

(1) The minimum requirement for persons engaged in brazing or welding of refrigeration piping systems is a current and valid certification issued upon completion of a class by a division-approved certifying organization in brazing or welding in accordance with either:

(a) Section IX, Welding and Brazing Qualifications of the American Society of Mechanical Engineers publication, 2001 ASME Boiler and Pressure Vessel Code; or

(b) American Welding Society publication AWS B2.2-91, Standard for Brazing Procedure and Performance Qualification.

(2) Refrigeration systems installed in dwelling units regulated under the Oregon Residential Specialty Code are exempt from this rule.

(3) All refrigeration piping system requirements not regulated by OAR 918-225-0310, are subject to the Oregon Mechanical Specialty Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020 & 455.720
Statutes/Other Implemented: ORS 455.020 & 455.720
BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 5-2011, f. & cert. ef. 3-11-11
BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 19-2003, f. 12-15-03, cert. ef. 1-1-04
BCD 34-2000, f. 12-27-00, cert. ef. 7-1-01

Or. Admin. R. 918-440-0020 Voluntary Energy Conservation Standards for Public Buildings Constructed Prior to January 1, 1978

Voluntary energy conservation standards for public buildings constructed prior to January 1, 1978, have been adopted by the Building Codes Division pursuant to ORS 469.740.

History

Statutory/Other Authority: ORS 469.740
Statutes/Other Implemented: ORS 469.740
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
DC 17-1978, f. 4-28-78, cert. ef. 7-1-78, Renumbered from 814-027-0100

Or. Admin. R. 918-440-0030 Energy Efficiency Rating (E.E.R.) System Single Family Residences

(1) Scope: These rules provide a voluntary energy efficiency rating system for single family residences to encourage voluntary energy conservation and the voluntary use in real estate transactions.

(2) Definitions:

(a) "E.E.R." means Energy Efficiency Rating;

(b) "Single Family Residence" means a structure designed as a residence for one family and sharing no common wall with another residence of any type.

(3) Energy Efficiency Rating: The Energy Efficiency Rating (E.E.R.) is to be determined by the following steps:

(a) Determine the total energy used in the residence over the last 12 months' period in thousands of BTUs:

(A) Determine electrical energy (KWH) used (source: Electrical bills or utility company). Multiply the total KWH by 3413 BTUs equals the total electric BTUs used. (Electric KWH) x 3413 = BTUs;

(B) Determine natural gas therms used (source: Gas bills or the gas company). Multiply the therms used by 100,000 then by 0.75 (Efficiency Factor). This equals the total gas BTUs used. (Gas therm) x 100,000 x 0.75 = BTUs;

(C) Determine heating oil BTU'S by multiplying total gallons by 140,000 then by 0.75 (Efficiency Factor). This equals the total oil BTUs used. (Oil Gallons) x 140,000 x 0.75 = BTUs;

(D) Total the types of energy BTUs used in the residence to determine total BTUs used in the 12 months. (Electrical BTUs + Gas BTUs = Oil BTUs = TOTAL BTUs.);

(E) Divide total BTU'S by one thousand equals total thousand's BTUs used

TOTAL BTUs

1,000

= TOTAL THOUSAND BTUs USED

(b) Determine the square footage of living (heated) space of the residence. (Source: House plans, measurement, or county assessor.);

(c) Divide total thousand BTUs used by the square footage of living space. The results are the E.E.R. of the residence that year:

TOTAL THOUSAND BTUs USED

TOTAL SQUARE FEET LIVING SPACE

= E.E.R.

History

Statutory/Other Authority: ORS 469.700
Statutes/Other Implemented: ORS 469.700
BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 5-2011, f. & cert. ef. 3-11-11
BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10
DC 16-1978, f. 4-28-78, cert. ef. 7-1-78, Renumbered from 814-027-0105

Or. Admin. R. 918-440-0050 Mechanical Permit Fees

(1) Effective July 1, 1999, the Building Codes Division fees for administration of the Oregon Mechanical Specialty Code are based on 130 percent of Table 3-A of the 1979 edition of the Uniform Mechanical Code as published by the International Conference of Building Officials, as authorized in ORS 455.210. Mechanical permit fees are published in their entirety in Table 1-M.

(2) Plan review fees shall be equal to 25 percent of the total permit fees as established in Table 1-M.

[Publications: Publications referenced are available from the agency.]

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: 455.210 & ORS 455.020
Statutes/Other Implemented: ORS 455.210
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 6-2014, f. 6-20-14, cert. ef. 7-1-14
BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 5-2011, f. & cert. ef. 3-11-11
BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 19-2003, f. 12-15-03, cert. ef. 1-1-04
BCD 5-2000, f. 3-9-00, cert. ef. 4-1-00
BCD 15-1999, f. & cert. ef 10-6-99 thru 4-2-00
BCD 11-1999, f. 9-7-99, cert. ef. 10-1-99
BCD 8-1999(Temp), f. & cert. ef. 7-1-99 thru 12-27-99

Or. Admin. R. 918-440-0500 Mercury Thermostats — Purpose and Scope

(1) Scope.

(a) This rule establishes a uniform notification process for the lawful disposal of mercury thermostats by persons installing heating, ventilation or air conditioning systems.

(b) For the purposes of this rule, a "thermostat" is a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature.

(2) The authority having jurisdiction shall notify heating, ventilation or air conditioning system installers at time of permit issuance of proper disposal for mercury thermostats.

(3) The written notification shall include the following language: "In accordance with ORS 455.355, the disposal of thermostats that contain mercury shall be in accordance with programs established by thermostat manufacturers, their representative or distributor, or by delivery to sites that will ensure that the mercury does not become part of the solid waste stream or wastewater.”

History

Statutory/Other Authority: ORS 455.355
Statutes/Other Implemented: ORS 455.355
BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 5-2011, f. & cert. ef. 3-11-11
BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 24-2002, f. 9-13-02 cert. ef. 1-1-03

Or. Admin. R. 918-440-0510 Prohibits Installation of Mercury Thermostats

Effective January 1, 2006 installing a thermostat containing mercury in commercial or residential buildings is not allowed. The installation of thermostats containing mercury on industrial equipment used for safety controls is allowed. For the purpose of this rule, a thermostat is defined in OAR 918-440-0500(1)(b).

History

Statutory/Other Authority: ORS 455.355
Statutes/Other Implemented: ORS 455.355
BCD 22-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 5-2011, f. & cert. ef. 3-11-11
BCD 3-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 21-2005, f. 9-29-05, cert. ef. 1-1-06

Or. Admin. R. 918-440-0520 Statewide Mechanical Minor Label Inspection Program

(1) The statewide mechanical minor label inspection program goes into effect on July 1, 2024. This program does not supersede a local jurisdiction’s mechanical minor label program in any way.

(2) Minor labels issued under this rule will be administered by using the definitions in OAR 918-100-0010, the fees in 918-100-0030, and the process described in section (12) of this rule.

(3) The scope of work allowed under this program does not include any new construction except as allowed under subsection (d), (e), and (f) of this section. The scope of work allowed under this program is limited to the following:

(a) Moving or replacing ductwork not involving fire dampers or penetrations of firewalls, fire assemblies or floors;

(b) Relocating grilles and air distribution inlets or outlets;

(c) Replacing existing heating, cooling, and ventilation equipment, including minor alterations of fuel piping or appliance connectors downstream of an appliance shutoff valve;

(d) Adding a central air conditioning unit to existing ductwork in one- and two-family dwellings;

(e) Installing new mini-split heat pumps in one- and two-family dwellings; and

(f) Installing a mechanical exhaust fan for radon mitigation systems in one- and two-family dwellings.

(4) Minor mechanical installations do not include:

(a) Mechanical replacements where the fuel type changes;

(b) Replacement of fuel burning equipment which requires replacement of the existing venting system; or

(A) Exceeds 2,000 cubic feet per minute of air movement capability;

(B) Weighs more than 400 pounds, except packaged rooftop equipment up to 5-ton cooling capacity being replaced with packaged rooftop equipment not exceeding the existing unit’s cooling capacity; or

(5) Unused minor labels issued under this rule shall expire one year after they are purchased.

(6) Work performed under the mechanical minor label program shall be to the current Oregon Mechanical Specialty Code or the current Oregon Residential Specialty Code, as applicable.

(7) Only one mechanical minor label shall be used on any single project per job site. For the purpose of this rule, a job site means work at the same address.

(8) A minor label is only required when the work otherwise requires a permit. No new permit requirements are created by this rule.

(9) The following people may purchase and use state mechanical minor labels:

(a) For commercial and industrial mechanical minor labels, the contractor doing the work, who holds a Construction Contractors Board license.

(b) For residential mechanical minor labels, a contractor licensed by the Construction Contractors Board.

(10) A contractor performing work under a minor label must still comply with all applicable licensing requirements for the work performed.

(11) A person performing work under a minor label may elect to have this work inspected virtually. To have the work inspected virtually, the work must be documented with images, and those images must be uploaded to the division’s mechanical minor label software system.

(12) The local jurisdiction where the minor label is used shall be the inspecting jurisdiction. If pictures of the work performed under the minor label have been uploaded to the division’s mechanical minor label software system, then inspections shall be conducted remotely through that system. If pictures of the work performed under the minor label have not been uploaded, or if the uploaded pictures are insufficient to complete a virtual inspection, then inspections shall be conducted using the minor label process in OAR 918-100-0060.

(a) The division shall assign the initial inspection of a minor label lot to the local jurisdiction at the start of the calendar month. The local jurisdiction shall perform the assigned minor label inspection before the end of the calendar month in which the inspection was assigned. If the local jurisdiction fails to perform an assigned inspection within the calendar month that it was assigned, then the division shall perform the inspection.

(b) No less than 10 percent of each minor label lot shall be inspected either by the local jurisdiction or by the division. The inspection shall verify the minor installation.

(c) If any minor label inspections beyond the initial inspection in a lot are required, the additional inspections will be performed in accordance with OAR 918-100-0060.

(d) The division shall compensate each inspecting jurisdiction $75 per inspection for the first minor label installation inspected by the local jurisdiction in a lot. If the first minor label installation fails the inspection, the division shall perform an inspection on a second minor label from the same lot. If the second minor label fails the division’s inspection, then the division shall inspect a third minor label of the same lot.

(e) If any minor label fails an inspection, then the contractor that purchased the minor label is required to pay the local jurisdiction for an on-site inspection of the same work at the local jurisdiction’s hourly inspection rate.

(f) The division shall, upon notice of three failed inspections in the same lot of labels, notify the contractor and the jurisdictions affected by the remaining labels in the same lot. Each jurisdiction shall then notify the contractor that a permit is necessary for each of the remaining installations within the jurisdiction in the same lot of labels, and work shall follow the normal permit and inspection procedures for that jurisdiction.

History

Statutory/Other Authority: ORS 455.046, ORS 455.154 & ORS 455.155
Statutes/Other Implemented: ORS 455.046, ORS 455.154 & ORS 455.155
BCD 7-2024, amend filed 06/26/2024, effective 07/01/2024
BCD 10-2021, adopt filed 09/29/2021, effective 10/01/2021

Division 450 SEASONAL FARM-WORKER HOUSING

Or. Admin. R. 918-450-0005 Agricultural Labor Housing

This rule clarifies the construction standards and ongoing maintenance authority for agricultural labor housing.

(1) Newly constructed agricultural labor housing must comply with the State Building Code.

(2) Alterations and renovations of existing agricultural labor housing must comply with the State Building Code.

(3) Ongoing maintenance and general operations of agricultural labor housing is under the authority of the Oregon Occupational Safety and Health Division of the Department of Consumer and Business Services per OAR 437-004-1120.

History

Statutory/Other Authority: ORS 455.380
Statutes/Other Implemented: ORS 455.380
BCD 1-2026, amend filed 03/30/2026, effective 04/01/2026
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCA 5-1993, f. 4-5-93, cert. ef. 4-15-93
BCA 2-1993(Temp), f. 2-12-93, cert. ef. 2-15-93
BCA 12-1990, f. & cert. ef. 6-1-90
BCA 29-1989(Temp), f. 12-8-89, cert. ef. 12-15-89

Division 460 STRUCTURAL AND ENERGY EFFICIENCY SPECIALTY CODES

Or. Admin. R. 918-460-0000 Reasonable Notice to Interested Parties

Prior to the adoption, amendment, or repeal of any rule relating to the Oregon Structural Specialty Code or the Oregon Energy Efficiency Specialty Code, the Building Codes Division must give notice of the proposed action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date;

(2) By notifying persons and organizations on the interested parties mailing list established under ORS 183.335(8) and OAR 918-001-0210.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183.335
Statutes/Other Implemented: ORS 183.335
BCD 21-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 4-2011, f. & cert. ef. 3-11-11
BCD 5-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
DC 9-1983, f. & cert. ef. 3-15-83, Renumbered from 814-026-0000, 814-026-0001
DC 63-1975, f. & cert. ef. 12-5-75

Or. Admin. R. 918-460-0010 Adopted Oregon Structural Specialty Code

(1) The Oregon Structural Specialty Code is adopted pursuant to OAR chapter 918, division 8.

(2) Effective October 1, 2025, the 2025 Oregon Structural Specialty Code is:

(a) The 2024 Edition of the International Building Code, 2024 International Fire Code (IFC) new construction provisions, 2024 International Existing Building Code (IEBC), as published by the International Code Council, and amended by the Building Codes Division; and

(b) The energy provisions adopted pursuant to OAR 918-460-0500.

(3) For the purposes of implementing a phase-in period for the 2025 Oregon Structural Specialty Code:

(a) Chapter 1 of the 2025 Oregon Structural Specialty Code is effective October 1, 2025 with no phase-in period; and

(b) The 2022 Oregon Structural Specialty Code, with the exception of Chapter 1, is adopted for the period beginning October 1, 2025 and ending March 31, 2026.

(c) During the phase-in period established in subsection (3), the use of the 2025 Oregon Structural Specialty Code or the 2022 Oregon Structural Specialty Code is permitted.

(4) Code requirements in effect at the time a plan review or permit application is filed controls the construction under the application unless the applicant agrees to be controlled by subsequent changes.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020, ORS 455.110 & ORS 455.447
Statutes/Other Implemented: ORS 455.110
BCD 11-2025, amend filed 09/26/2025, effective 10/01/2025
BCD 12-2022, amend filed 09/29/2022, effective 10/01/2022
BCD 11-2019, amend filed 09/26/2019, effective 10/01/2019
BCD 7-2014, f. 6-20-14, cert. ef. 7-1-14
BCD 23-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 6-2011, f. & cert. ef. 3-11-11
BCD 4-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 1-2007, f. 2-15-07, cert. ef. 4-1-07
BCD 16-2004, f. 9-24-04, cert. ef. 10-1-04
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 2-1996, f. 2-2-96, cert. ef. 4-1-96
BCD 6-1994, f. 2-25-94, cert. ef. 5-1-94
BCA 26-1993, f. 10-22-93, cert. ef. 11-1-93
BCA 19-1993(Temp), f. 8-26-93, cert. ef. 9-1-93
BCA 3-1993(Temp), f. & cert. ef. 3-3-93
BCA 27-1992, f. 12-29-92, cert. ef. 1-1-93
BCA 12-1992, f. 6-29-92, cert. ef. 7-1-92
BCA 3-1992(Temp), f. 3-4-92, cert. ef. 3-5-92
BCA 43-1991(Temp), f. 12-24-91, cert. ef. 1-1-92
BCA 43-1991(Temp), f. 12-24-91, cert. ef. 1-1-92
BCA 30-1990, f. 12-21-90, cert. ef. 1-1-92
BCA 34-1989, f. 12-21-89, cert. ef. 1-1-90
BCA 12-1987, f. & cert. ef. 11-5-87, Renumbered from 814-026-0005
BCA 11-1987, f. & cert. ef. 10-21-87
BCA 7-1987, f. & cert. ef. 9-3-1987
DC 12-1987(Temp), f. 4-21-87, cert. ef. 4-24-87
DC 5-1987(Temp), f. & cert. ef. 3-26-87
DC 19-1986, f. 10-31-86, cert. ef. 11-1-86
DC 21-1985, f. 12-18-85, cert. ef. 1-1-86
DC 35-1984, f. & cert. ef. 11-28-84
DC 26-1984, f. 8-31-84, cert. ef. 9-15-84
DC 9-1982, f. & cert. ef. 3-1-82
DC 15-1981, f. 10-30-81, cert. ef. 1-1-82
DC 13-1981, f. 10-30-81, cert. ef. 11-1-81
DC 11-1981, f. & cert. ef. 7-20-81
DC 15-1980(Temp), f. & cert. ef. 10-13-80
DC 7-1980, f. 6-5-80, cert. ef. 7-1-80
DC 13-1979, f. 11-1-79, cert. ef. 12-1-79
DC 12-1979(Temp), f. 7-2-79, cert. ef. 8-1-79
DC 8-1979, f. 4-30-79, cert. ef. 5-1-79, 8-1-79, 1-1-80
DC 6-1979(Temp), f. 3-13-79, cert. ef. 4-1-79
DC 33-1978(Temp), f. 12-27-78, cert. ef. 1-1-79
DC 31-1978(Temp), f. 12-8-78, cert. ef. 1-1-79
DC 29-1978, f. 10-27-78, ef. 1-1-79
DC 5-1978(Temp), f. 2-22-78, cert. ef. 3-1-78 thru 4-29-78
DC 18-1978, f. 5-4-78, cert. ef. 5-15-78
DC 2-1978, f. 1-20-78, cert. ef. 3-1-78
DC 104-1977, f. 12-1-77, cert. ef. 12-10-77
DC 102-1977, f. & cert. ef. 11-1-77
DC 84-1976, f. 8-19-76, cert. ef. 10-1-76
DC 77-1976, f. 5-26-76, cert. ef. 6-3-76
DC 76-1976, f. 5-21-76, cert. ef. 8-1-76
DC 68-1976, f. 3-3-76, cert. ef. 4-1-76
DC 67-1976, f. & cert. ef. 2-19-76
DC 61-1975, f. 11-20-75, cert. ef. 1-1-76
DC 51-1975(Temp), f. & cert. ef. 7-3-75 thru 10-31-75
DC 45-1975, f. 4-7-75, cert. ef. 4-25-75
DC 37-1974, f. 8-30-74, cert. ef. 9-25-74
DC 36-1974(Temp), f. & cert. ef. 7-1-74
DC 34-1974, f. 6-5-74, cert. ef. 6-25-74

Or. Admin. R. 918-460-0015 Amendments to the Oregon Structural Specialty Code

(1) The Oregon Structural Specialty Code is amended pursuant to OAR chapter 918, division 8. Amendments adopted during the code cycle for inclusion into the Oregon Structural Specialty Code are placed in this rule, showing the section reference, a descriptive caption, and a short description of the amendment.

(2) Effective April 1, 2026, Sections 3404.5.2.1, 3404.5.2.1.2, 3404.5.2.4, 3405.3.3, 3407.6.2, and 3408.5.2 of Chapter 34 of the Oregon Structural Specialty Code are amended to provide an exception from having to comply with new construction provisions for certain repairs and alterations to existing buildings in select locations of the state where new ground snow load provisions apply.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.231, ORS 455.030, ORS 455.110, ORS 455.496 & ORS 455.477
Statutes/Other Implemented: ORS 455.110 & ORS 455.477
BCD 3-2026, amend filed 03/30/2026, effective 04/01/2026
BCD 11-2025, amend filed 09/26/2025, effective 10/01/2025
BCD 7-2023, amend filed 09/29/2023, effective 10/01/2023
BCD 12-2022, amend filed 09/29/2022, effective 10/01/2022
BCD 7-2022, amend filed 06/30/2022, effective 07/01/2022
BCD 2-2022, temporary amend filed 01/26/2022, effective 01/26/2022 through 07/24/2022
BCD 13-2021, amend filed 12/27/2021, effective 01/01/2022
BCD 1-2021, amend filed 03/22/2021, effective 04/01/2021
BCD 11-2019, amend filed 09/26/2019, effective 10/01/2019
BCD 6-2019, amend filed 06/07/2019, effective 06/07/2019
BCD 23-2018, amend filed 09/28/2018, effective 10/01/2018
BCD 9-2018, temporary amend filed 04/27/2018, effective 04/27/2018 through 10/23/2018
BCD 14-2017, temporary amend filed 10/25/2017, effective 10/29/2017 through 04/26/2018
BCD 5-2017(Temp), f. 5-1-17, cert. ef. 5-2-17 thru 10-28-17
BCD 15-2016(Temp), f. & cert. ef. 11-3-16 thru 5-1-17
BCD 2-2016, f. 1-28-16, cert. ef. 2-1-16
BCD 3-2015, f. 3-24-15, cert. ef. 4-1-15
BCD 7-2014, f. 6-20-14, cert. ef. 7-1-14
BCD 8-2012, f. 8-31-12, cert. ef. 9-1-12
BCD 1-2012, f. 1-31-12, cert. ef. 2-1-12
BCD 32-2011, f. 12-30-11, cert. ef. 1-1-12
BCD 30-2011, f. & cert. ef. 11-1-11
BCD 28-2011, f. 9-30-11, cert. ef. 10-1-11
BCD 14-2011(Temp), f. & cert. ef. 5-13-11 thru 11-9-11
BCD 1-2011, f. & cert. ef. 2-15-11
BCD 19-2010, f. 12-30-10, cert. ef. 1-1-11
BCD 4-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 20-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 9-2008(Temp), f. & cert ef. 6-25-08 thru 12-22-08
BCD 1-2007, f. 2-15-07, cert. ef. 4-1-07
BCD 9-2006, f. 6-30-2006, cert. ef. 7-1-06
BCD 1-2006, f. & cert. ef. 2-1-06
BCD 23-2005, f. 9-29-05, cert. ef. 10-1-05
BCD 22-2005, f. 9-29-05, cert. ef. 10-1-05
BCD 18-2005(Temp), f. & cert. ef. 7-12-05 thru 9-30-05
BCD 14-2005, f. & cert. ef. 7-5-05
BCD 9-2005(Temp), f. & cert. ef. 4-7-05 thru 9-30-05
BCD 21-2004, f. & cert. ef. 10-1-04
BCD 16-2004, f. 9-24-04, cert. ef. 10-1-04
BCD 5-2004, f. & cert. ef. 4-1-04
BCD 18-2003(Temp), f. & cert. ef. 11-14-03 thru 5-11-04
BCD 14-2003, f. 8-13-03, cert. ef. 10-1-03
BCD 18-2001, f. 12-21-01, cert. ef. 1-1-02
BCD 8-2001, f. 7-17-01, cert. ef. 10-1-01
BCD 20-2000, f. 9-15-00, cert. ef. 10-1-00
BCD 2-2000 f. 1-14-00, cert. ef. 4-1-00
BCD 12-1999(Temp), f. 9-23-99, cert. ef. 11-1-99 thru 4-28-00
BCD 5-1999, f. 6-17-99, cert. ef. 10-1-99
BCD 3-1999, f. 3-12-99, cert. ef. 4-1-99
BCD 24-1998(Temp), f. & cert. ef. 12-1-98 thru 5-29-99
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 12-1997, f. 9-10-97, cert. ef. 10-1-97
BCD 6-1996, f. 3-29-96, cert. ef. 4-1-96
BCD 2-1996, f. 2-2-96, cert. ef. 4-1-96
BCD 5-1995, f. & cert. ef. 3-15-95
BCD 2-1995, f. & cert. ef. 2-9-95
BCD 32-1994, f. & cert. ef. 12-30-94
BCD 31-1994(Temp), f. & cert. ef. 12-23-94 thru 6-21-95
BCD 22-1994, f. 9-28-94, cert. ef. 1-1-95
BCD 6-1994, f. 2-25-94, cert. ef. 5-1-94
BCA 28-1993, f. 10-22-93, cert. ef. 1-1-94
BCA 18-1993, f. 8-24-93, cert. ef. 8-29-93

Or. Admin. R. 918-460-0020 Master Plan Review Fee

Plans submitted to the division for approval in one or more municipalities as a "master plan" shall be reviewed at a minimum hourly rate of $70 per hour for each applicable specialty code with a minimum charge of one hour for structures less than 1,000 square feet. Structures 1,000 square feet and larger shall be reviewed using structural and fire and life safety plan review fees determined in accordance with OAR 918, divisions 460 and 480, and the appropriate specialty codes. Fees for mechanical, plumbing and electrical plan reviews shall be determined in accordance with the appropriate specialty code and applicable administrative rules. This rule does not apply to plan reviews for prefabricated structures.

History

Statutory/Other Authority: ORS 455.685
Statutes/Other Implemented: ORS 455.685
BCD 26-2001, f. 12-28-01, cert. ef. 1-1-02
DC 13-1981, f. 10-30-81, cert. ef. 11-1-81, Renumbered from 814-026-0010

Or. Admin. R. 918-460-0030 Fees for Plan Review and Permits

Fees for plan review and permits issued by the Division for construction, alteration and repair of prefabricated structures and of buildings and other structures as established by these rules and authorized by ORS 455.210, shall be determined by using the value for estimated construction cost as 83 percent of the value shown on the construction valuation table established April 1, 2001, and published by the International Conference of Building Officials (ICBO), amended to include pole buildings not shown on the ICBO table, and to use the alternative (good) value for dwellings and apartment houses. A copy of the amended table, adjusted for Oregon, is printed in its entirety in Table 1-S. The valuation for plan review of buildings whose occupancies and types of buildings not listed in the valuation table shall be established at the actual project cost, including profit and overhead.

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 455.210
Statutes/Other Implemented: ORS 455.210
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 26-2001, f. 12-28-01, cert. ef. 1-1-02
BCD 19-1994, f. 8-30-94, cert. ef. 9-1-94
BCA 25-1993, f. 10-22-93, cert. ef. 11-1-93
BCA 14-1993(Temp), f. 6-30-93, cert. ef. 7-1-93
BCA 19-1992, f. & cert. ef. 9-15-92
BCA 27-1991, f. 8-29-91, cert. ef. 8-30-91
BCA 14-1991(Temp), f. 6-7-91, cert. ef. 7-1-91
BCA 12-1991(Temp), f. 5-15-91, cert. ef. 7-1-91

Or. Admin. R. 918-460-0040 Fire and Life Safety Plan Review Fee

When a fire and life safety plan review is conducted under ORS 479.155, the fee shall be 40 percent of the structural permit fee. This fee is in addition to the 65 percent structural plan review fee.

History

Statutory/Other Authority: ORS 455.210
Statutes/Other Implemented: ORS 455.210
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 11-1994, f. & cert. ef. 4-25-94

Or. Admin. R. 918-460-0050 Structural Permit Fees

Effective July 1, 1999, the Building Codes Division fees for administration of the Oregon Structural Specialty Code are based on 130 percent of Table 3-A of the 1979 edition of the Uniform Building Code as published by the International Conference of Building Officials, as authorized in ORS 455.210. Structural permit fees are published in their entirety in Table 2-S.

[Publications: Publications referenced are available from the agency.]

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 455.020 & 455.210
Statutes/Other Implemented: ORS 455.210
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 7-2014, f. 6-20-14, cert. ef. 7-1-14
BCD 23-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 6-2011, f. & cert. ef. 3-11-11
BCD 4-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 11-1999, f. 9-7-99, cert. ef. 10-1-99
BCD 8-1999(Temp), f. & cert. ef. 7-1-99 thru 12-27-99

Or. Admin. R. 918-460-0060 Fees for Consultation Services

The following fees are established for:

(1) Consultation services related to structural, mechanical and fire and life safety plans: $70 per hour or fraction thereof, with a minimum charge of one hour; and

(2) Consultation and approval of alternate materials and methods: $75 per hour or fraction thereof, with a minimum charge of one hour.

History

Statutory/Other Authority: ORS 455.020
Statutes/Other Implemented: ORS 455.020
BCD 26-2001, f. 12-28-01, cert. ef. 1-1-02

Or. Admin. R. 918-460-0070 Phased Project and Deferred Submittal Fees

When requested to review and approve plans for phased construction or deferred plan submittals under the Oregon Structural Specialty Code, the following fees in addition to the applicable plan review and permit fees shall apply.

(1) Phased Projects. There shall be an application fee of $100 for each separate phase of the project. In addition, the plan review fee shall be increased in an amount equal to 10 percent of the building permit fee calculated according to OAR 918-460-0050 using the value of the particular phase of the project, not to exceed an additional $1,500 for each phase.

(2) Deferred Submittals. The fee for processing and reviewing deferred plan submittals shall be an amount equal to 65 percent of the building permit fee calculated according to OAR 918-460-0050 using the value of the particular deferred portion or portions of the project. This fee is in addition to the project plan review fee based on total project value.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020
Statutes/Other Implemented: ORS 455.020
BCD 26-2001, f. 12-28-01, cert. ef. 1-1-02

Or. Admin. R. 918-460-0100 Applicability of Agricultural Building Exemption to Wineries

The uniform applicability of construction standards to wineries required by ORS 455.068, allows application of an exemption from construction standards for a winery structure.

History

Statutory/Other Authority: ORS 455.030
Statutes/Other Implemented: ORS 455.068 & 455.315
BCD 17-2011, f. 6-30-11, cert. ef. 7-1-11

Or. Admin. R. 918-460-0200 Electric Vehicle Charging Station Infrastructure Requirements

(1) This rule amends the Oregon Structural Specialty Code to require certain buildings to install electric vehicle charging infrastructure at a minimum of 20 percent of the vehicle parking spaces in the garage or parking area on the building’s site, or the minimum percentage required by local government, in accordance with the requirements of ORS 455.417.

(2) This rule only applies to newly constructed buildings and newly constructed garages or parking areas located on the site and serving the following building types, excluding townhouses as defined in ORS 197.758:

(a) Commercial buildings under private ownership;

(b) Multifamily residential buildings with five or more residential dwelling units; and

(3) Coordination with the Oregon Electrical Specialty Code (OESC).

(a) Unless otherwise specified in this rule, when terms used in this rule have been defined in the OESC, the OESC definitions will be used.

(b) For purposes of this rule a Level 2 charger means Level 2 Electric Vehicle Supply Equipment supplied by not less than 40 amps at 208/240 volts, unless otherwise defined in the OESC.

(c) The use or planned use of energy management systems in compliance with the requirements of the OESC may be included when determining the infrastructure requirements of this rule, including the size or planned size of a service.

(d) All electrical installations must comply with the provisions of the OESC.

(4) The calculation of the minimum number of parking spaces required to have electric vehicle charging infrastructure is determined by the following methods:

(a) No less than 20 percent, rounded up to the nearest whole number, of the spaces in the garage or parking area for the building, excluding overflow or seasonal parking; or

(b) When a local jurisdiction has increased the minimum required percentage of spaces to be provided with electric vehicle charging station infrastructure through a land use process in accordance with ORS 455.417(4), the number of spaces will be determined by the local process. The calculated number of spaces may not be less than the calculated number of spaces under section (4)(a) of this rule.

(5) Newly constructed buildings identified in section (2) are required to install electric vehicle charging station infrastructure consisting of a conduit system described in section (6) and at least one of the following options:

(a) Provision of 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 overcurrent devices;

(b) A designated space within a building to add electrical service with capacity for electric vehicle charging stations; or

(c) A designated location on building property, in or adjacent to a landscaped area, for installing remote service for electric vehicle charging stations.

(6) A conduit system installed from the building electrical service, or from the dedicated space or location for a future electrical service as described in subsection (5)(b) or (5)(c), to parking spaces that can support, at a minimum, electrical wiring for the installation of one level 2 charger for each parking space. Both ends of the conduit must be labelled to show that the conduit is provided for future electric vehicle supply equipment.

(7) The installation of a level 2 charger or level 3 DC fast charger at a parking space satisfies the infrastructure requirements of this rule for that parking space.

History

Statutory/Other Authority: ORS 455.030 & ORS 455.417
Statutes/Other Implemented: ORS 455.417
BCD 6-2022, adopt filed 06/30/2022, effective 07/01/2022

Or. Admin. R. 918-460-0500 Energy Provisions of the Oregon Structural Specialty Code

(1) The energy provisions of the Oregon Structural Specialty Code are adopted pursuant to OAR chapter 918, division 8, and shall be known as the Oregon Energy Efficiency Specialty Code.

(2) Effective January 1, 2025, the Oregon Energy Efficiency Specialty Code shall consist of ANSI/ASHRAE/IES Standard 90.1-2022 with additional Oregon amendments as published by the Building Codes Division and available on the Division’s website, and shall be known as the 2025 Oregon Energy Efficiency Specialty Code.

(3) For the purposes of implementing a phase-in period for the 2025 Oregon Energy Efficiency Specialty Code, also known as Chapter 13 of the 2022 Oregon Structural Specialty Code, the 2025 Oregon Energy Efficiency Specialty Code is adopted for the period beginning January 1, 2025 and ending July 1, 2025.

(4) During the phase-in period established in section (3) of this rule, use of the 2021 Oregon Energy Efficiency Specialty Code or the 2025 Oregon Energy Efficiency Specialty Code are permitted to be used as Chapter 13 of the Oregon Structural Specialty Code.

(5) Code requirements in effect at the time a plan review or permit application is filed controls the construction under the application unless the applicant agrees to be controlled by subsequent changes.

(6) All references and code provisions adopted in this rule, in OAR chapter 918, or in any specialty code adopted thereunder to the Oregon Energy Efficiency Specialty Code mean the energy provisions of the Oregon Structural Specialty Code referenced in Chapter 13 of the Oregon Structural Specialty Code.

[Publication: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020, ORS 455.030, ORS 455.110, ORS 455.505 & ORS 455.511
Statutes/Other Implemented: ORS 455.110 & ORS 455.511
BCD 14-2024, amend filed 12/23/2024, effective 01/01/2025
BCD 5-2021, amend filed 03/31/2021, effective 04/01/2021
BCD 11-2019, amend filed 09/26/2019, effective 10/01/2019
Reverted to BCD 7-2014, f. 6-20-14, cert. ef. 7-1-14
BCD 10-2016(Temp), f. & cert. ef. 8-30-16 thru 12-31-16
BCD 3-2016(Temp), f. & cert. ef. 3-3-16 thru 8-29-16
BCD 7-2014, f. 6-20-14, cert. ef. 7-1-14
BCD 21-2011, f. 7-26-11, cert. ef. 10-1-11
BCD 4-2011, f. & cert. ef. 3-11-11
BCD 5-2010, f. 5-14-10, cert. ef. 7-1-10

Division 465 REACH CODE

Or. Admin. R. 918-465-0020 Scope

The Oregon Reach Code is a statewide optional construction standard approved by the Building Codes Division in consultation with the appropriate advisory board(s). The reach code:

(1) Complies with ORS 455.500;

(2) Is separate from the state building code;

(3) Is administered at the local level;

(4) Does not limit the authority of the building official to consider other proposed alternate methods, modifications, or waivers encompassing the same subject matter; and

(5) Does not eliminate or modify other options available to builders and local government.

History

Statutory/Other Authority: ORS 455.020, 455.496 & 455.500
Statutes/Other Implemented: ORS 455.020 & 455.500
BCD 22-2018, amend filed 09/28/2018, effective 10/01/2018
BCD 15-2018, temporary amend filed 07/30/2018, effective 09/01/2018 through 02/27/2019
BCD 16-2011, f. 6-30-11, cert. ef. 7-1-11

Or. Admin. R. 918-465-0040 Oregon Reach Code Adoption Process

(1) The purpose of this rule is to describe the process for adopting the Oregon residential and commercial reach codes.

(2) (a) The division will start the process of adopting an updated residential reach code after a new version of the Oregon Residential Specialty Code is forwarded to the administrator by the appropriate board to begin the rulemaking process.

(b) The division will start the process of adopting an updated commercial reach code after a new version of the Oregon Energy Efficiency Specialty Code is forwarded to the administrator by the appropriate board to begin the rulemaking process.

(c) The division will present the residential and commercial reach codes to the appropriate advisory boards for approval. After the proposed reach code is approved by the appropriate board the division will go into rulemaking to adopt the reach code in rule.

(d) The process for adopting either reach code may include: a notification that the process has begun, solicitation of public proposals, staff review, and a rulemaking advisory committee.

(3) The division will notify interested persons of the anticipated timetable for adopting the reach code when the division begins the process of developing the reach code.

(4) The division may provide reach code proposal forms that may include, but are not limited to: proposed language, modeling inputs and assumptions, modeled energy savings, cost impact, incentive program alignment, and standard formatting for reach code proposals. If the division provides a reach code proposal form, and a code amendment proposal deviates from the provided form, then the proposal must include the reason for the deviation, along with an explanation of the modeling inputs and assumptions, modeled energy savings, cost impact, and formatting used in the proposal.

History

Statutory/Other Authority: ORS 183.335, 455.020, 455.500 & 455.496
Statutes/Other Implemented: ORS 183.335, 455.020 & 455.500
BCD 9-2023, amend filed 12/28/2023, effective 01/01/2024
BCD 22-2018, amend filed 09/28/2018, effective 10/01/2018
BCD 15-2018, temporary amend filed 07/30/2018, effective 09/01/2018 through 02/27/2019
BCD 29-2011, f. 9-30-11, cert. ef. 10-1-11
BCD 16-2011, f. 6-30-11, cert. ef. 7-1-11

Or. Admin. R. 918-465-0050 Adopted Oregon Residential Reach Code

(1) Effective July 1, 2024, The 2023 Oregon Residential Reach Code is adopted pursuant to OAR 918-465-0040.

(2) The 2023 Oregon Residential Reach Code is available on the division’s website and consists of:

(a) USDOE Zero Energy Ready Home (ZERH) Single Family Homes Program Compliance Version 2, Revision 1;

(b) Passive House US (PHIUS) 2021 Certification for Single-Family Homes; and

(3) The provisions of the 2023 Oregon Residential Reach Code may be used in place of Chapter 11 of the 2023 Oregon Residential Specialty Code.

History

Statutory/Other Authority: ORS 455.020, ORS 455.030, ORS 455.110, ORS 455.496 & ORS 455.500
Statutes/Other Implemented: ORS 455.110 & ORS 455.500
BCD 8-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 918-465-0060 Adopted Oregon Commercial Reach Code

(1) Effective April 1, 2025, The 2025 Oregon Commercial Reach Code is adopted pursuant to OAR 918-465-0040.

(2) The provisions of the 2025 Oregon Commercial Reach Code consist of the provisions published by the division and are available on the division’s website.

(3) The provisions of the 2025 Oregon Commercial Reach Code may be used in place of Chapter 13 of the 2025 Oregon Structural Specialty Code, which is the Oregon Energy Efficiency Specialty Code (OEESC).

History

Statutory/Other Authority: ORS 455.020, ORS 455.030, ORS 455.110, ORS 455.496 & ORS 455.500
Statutes/Other Implemented: ORS 455.110 & ORS 455.500
BCD 3-2025, adopt filed 03/27/2025, effective 04/01/2025

Or. Admin. R. 918-465-0070 Fees for Plan Review and Permits

Fees for plan review and permits issued by the Division for construction, alteration and repair of prefabricated structures and of buildings and other structures as established by these rules and authorized by ORS 455.210, shall be determined in accordance with 918-460-0030, 918-440-0050, 918-480-0020 and 918-309-0030 through 918-309-0070 as appropriate.

[ED. NOTE: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.210
Statutes/Other Implemented: ORS 455.210
BCD 29-2011, f. 9-30-11, cert. ef. 10-1-11
BCD 16-2011, f. 6-30-11, cert. ef. 7-1-11

Division 470 ABATEMENT OF BUILDINGS DAMAGED BY EARTHQUAKE

Or. Admin. R. 918-470-0010 General

(1) When a county or city government or another agency of the State of Oregon has concurrent jurisdiction with the division to inspect and abate unsafe buildings, and issues an order to vacate or to abate, the division will withhold action, unless the unsafe condition of the structure continues after the order issued by the other agency or jurisdiction has been withdrawn.

(2) If a building or structure damaged by earthquake is listed on the National Register of Historic Places, is determined by the State Historic Preservation Officer to be eligible for listing on the Register, or is otherwise included in the categories listed in ORS 455.449, the division or authority having jurisdiction shall, upon request of the State Historic Preservation Officer consult with the State Historic Preservation Office to review alternative methods as required by 455.449. If the State Historic Preservation Officer has not requested review of the order within 45 days of the date required by OAR 918-470-0050 the order may be enforced.

History

Statutory/Other Authority: ORS 455.020 & 455.449
Statutes/Other Implemented: ORS 455.449
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94

Or. Admin. R. 918-470-0020 Abatement of Earthquake Damaged Structures

All structures or portions of structures which as a result of earthquake are determined by the division or delegated authority to be in unsafe conditions as defined in ORS 455.010 are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with 455.449.

History

Statutory/Other Authority: ORS 455.020 & 455.449
Statutes/Other Implemented: ORS 455.449
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94

Or. Admin. R. 918-470-0030 Inspection and Permits Required

All work performed on buildings or structures subject to these rules for which a permit is required shall be subject to inspection in accordance with the applicable specialty code.

History

Statutory/Other Authority: ORS 401.539 & 455.020
Statutes/Other Implemented: ORS 401.539
BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94

Or. Admin. R. 918-470-0040 Identifying Unsafe Buildings and Structures

Any building damaged by earthquake suffering from any or all of the following conditions or defects shall be determined to be unsafe as defined in ORS 455.010, if life, health, property or safety of the public or its occupants are endangered:

(1) The stress in any materials, member or portion thereof, due to all dead and live loads, is more than one- and one-half times the working stress or stresses allowed in Oregon Structural Specialty Code (OSSC) or One and Two Family Dwelling Specialty Code (Dwelling Code) for new buildings of similar structure, purpose or location.

(2) Any portion of the building has been damaged to the extent the building’s structural strength or stability is materially less than it was before the earthquake and is less than the minimum requirements of the OSSC or Dwelling Code for new buildings of similar structure, purpose or location.

(3) Any portion, member or appurtenance of the building is likely to fail, or become detached or dislodged, or collapse and injure persons or damage property.

(4) Any portion, member, appurtenance of the building or ornamentation on the exterior of the building is damaged to the point that it lacks sufficient strength or stability to resist a wind pressure of one-half of that specified for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the OSSC or Dwelling Code for such buildings.

(5) Any portion of the building has racked, warped, buckled or settled so walls or other structural portions have materially less resistance to winds or continued earth movement than is required in the case of similar new construction.

(6) The building or structure, or any portion of the building is determined by an inspector employed or authorized by the division to be unsafe for the purpose for which it is being used.

(7) The exterior walls or other vertical structural members list, lean or buckle to the extent a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

(8) The building or structure, exclusive of the foundation, shows 33 percent or more damage to its supporting member or members, or 50 percent damage to the non-supporting members, outside walls or coverings.

(9) The building or structure has been so damaged to become an attractive nuisance to children.

(10) Damage resulting in faulty electrical wiring, gas connections or heating apparatus, or other cause, is a fire hazard.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020 & 455.449
Statutes/Other Implemented: ORS 455.449
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94

Or. Admin. R. 918-470-0050 Enforcement and Notice

When the division or authority having jurisdiction determines a building to be unsafe, it shall begin proceedings to require the repair, vacation or demolition of the building.

(1) A notice and order shall contain:

(a) The street address and a legal description sufficient to identify the property upon which the building is located;

(b) A statement:

(A) That the building has been found to be unsafe and a brief, concise description of the conditions found to cause the building to be unsafe;

(B) Of the required action if the Division or municipality determines the building or structure must be:

(i) Repaired, the order shall require all necessary permits be secured and the work physically commenced within the time specified (not to exceed 180 days from the date of the order), and completed within the time stated in the order;

(ii) Vacated, the order shall require the building or structure be vacated within a time certain from the date of the order; or

(iii) Demolished, the order shall require the building be vacated within the period set out in the order (not to exceed 60 days from the date of the order), that all necessary permits be secured and the demolition be completed within the time stated in the order.

(C) Advising if any required repair or demolition work is not commenced within the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed;

(D) Advising any person having a legal interest in the building may request a hearing to review the order as provided by OAR 918-470-0090 and failure to appeal may be a waiver of all rights to an administrative hearing; and

(E) That the structure may be subject to the provisions of ORS 358.505 et seq. relating to special assessment of historic property if listed as an historic structure on the National Register of Historic Properties.

(2) An order and notice to vacate may be in addition to any other remedial action ordered or required by the division.

(3) The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property. One copy shall be served on each of the following as disclosed from official public records:

(a) The holder of any mortgage or deed of trust or other lien or encumbrance of record;

(b) The owner or holder of any lease of record; and

(4) Failure to serve any person required shall not invalidate any proceedings as to any other person duly served or relieve any person from any duty or obligation imposed by the provisions of these rules.

(5) If the building or structure is listed as an historic structure on the National Register, or is otherwise included in the categories listed in ORS 455.449, notice shall be served upon the Oregon State Historic Preservation Officer. If the building or structure is protected by an authority having jurisdiction pursuant to OAR 660-016-0000 et seq., notice shall be served upon the municipal agency charged with compliance in OAR 660-016-0000. Notice pursuant to this section shall be served concurrently to other notice made pursuant to section (3) of this rule.

(6) Service of the notice and order shall be made upon all persons either personally or by mailing a copy of the notice and order by certified mail, postage prepaid, return receipt requested, at the address appearing on the last equalized assessment roll of the county. If the address is unknown, a copy of the notice and order shall be mailed, addressed to the person, at the address of the building involved in the proceedings. Failure of any person to receive notice shall not affect the validity of any proceedings taken under this section. Service by certified mail shall be effective on the date of mailing.

(7) Proof of service of the notice and order shall be certified at the time of service by a written declaration, by the persons effecting service. The proof of service shall contain the time, date and manner service was made. The declaration, and any receipt card returned acknowledging receipt by certified mail shall be attached to the copy of the notice and order retained by the division or authority having jurisdiction.

History

Statutory/Other Authority: ORS 455.020 & 455.449
Statutes/Other Implemented: ORS 455.449
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94

Or. Admin. R. 918-470-0060 Recording Notice and Order

If the person to whom the order is directed does not comply with the order within the time specified, and no appeal has been filed, the division or authority having jurisdiction shall file with the county recorder a certificate describing the property, certifying that the structure is unsafe and the record owner has been notified. When the corrections ordered are completed or the structure demolished and no longer exists as unsafe, a new certificate shall be filed with the county recorder certifying the building has been demolished or all required corrections have been made and the structure is no longer unsafe.

History

Statutory/Other Authority: ORS 455.020 & 455.449
Statutes/Other Implemented: ORS 455.449
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94

Or. Admin. R. 918-470-0070 Notice to Vacate

(1) Every notice to vacate shall, in addition to being served as provided in OAR 918-470-0050, be posted at or upon each entrance to the building in substantially the following form:

UNSAFE

DO NOT ENTER OR OCCUPY

WARNING: This structure has been seriously damaged and is unsafe. Entry may result in death or injury.

(Enforcement Authority)

By____________________

Date:

Facility name and address:

DO NOT REMOVE THIS NOTICE UNTIL AUTHORIZED BY GOVERNING AUTHORITY

(2) Any notice and order to vacate shall include a statement of the emergency and the conditions that necessitate the order. Except as necessary to comply with an order to repair or demolish, no person shall remain in, enter or occupy any building that has been posted to vacate. The notice shall not be removed or defaced until the required repairs, demolition or removal have been completed and if required, a Certificate of Occupancy issued according to the provisions of OSSC or Dwelling Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020 & 455.449
Statutes/Other Implemented: ORS 455.449
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94

Or. Admin. R. 918-470-0080 Appeals

(1) Appeals from a decision of a person acting under authority of the division shall be heard as a contested case under the provisions of ORS 183.413 through 183.464.

(2) Appeals from an order of an authority having jurisdiction shall be heard by the local appeals board and any appeal from a decision of a local appeals board shall proceed under the provisions of ORS 455.690.

History

Statutory/Other Authority: ORS 455.020 & 455.449
Statutes/Other Implemented: ORS 455.449
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94

Or. Admin. R. 918-470-0100 Staying of Order Under Appeal

Except for vacation orders according to OAR 918-470-0070, enforcement of any order issued under these rules shall be stayed while the appeal is pending.

History

Statutory/Other Authority: ORS 401.539 & 455.020
Statutes/Other Implemented: ORS 401.539
BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94

Or. Admin. R. 918-470-0110 Extension of Time to Perform Work or Pay Fees

(1) Upon determination that an extension of time will not create or perpetuate an imminent danger to life or property, the division or authority having jurisdiction may grant an extension of time to complete any repair, rehabilitation or demolition. Any extension is limited to the physical repair, rehabilitation or demolition of the building or structure and will not extend the time to appeal the notice or order.

(2) If emergency funding through Federal or State grants or loans is available to assist in payment of repairs or reconstruction, the division or authority having jurisdiction may proceed with any required plan review and allow an extension of time to pay required permit fees until the funds are available. Payment of all required fees, or arrangement for payment of fees satisfactory to the jurisdiction providing inspections, shall occur prior to actual issuance of permits.

History

Statutory/Other Authority: ORS 455.020 & 455.449
Statutes/Other Implemented: ORS 455.449
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94

Division 480 ONE- AND TWO-FAMILY DWELLING SPECIALTY CODE

Or. Admin. R. 918-480-0002 Specialty Code Name Change

All references in OAR chapter 918 to the Oregon One- and Two-Family Dwelling Specialty Code mean the Oregon Residential Specialty Code.

[Publications: Publications referenced are available for review at the agency.]

History

Statutory/Other Authority: ORS 455.610
Statutes/Other Implemented: ORS 455.610
BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11
BCD 20-2004, f. 9-30-04, cert. ef. 10-1-04

Or. Admin. R. 918-480-0005 Adopted Oregon Residential Specialty Code

(1) The Low-Rise Residential Dwelling Code, identified in ORS 455.610, will be known as the Oregon Residential Specialty Code.

(2) (a) The Oregon Residential Specialty Code is adopted pursuant to OAR chapter 918, division 8;

(b) Additional energy provisions are adopted pursuant to OAR chapter 918, division 460, section 500.

(3) Effective October 1, 2023, the 2023 Oregon Residential Specialty Code consists of the following:

(a) The 2021 edition of the International Residential Code for One- and Two-Family Dwellings as published by the International Code Council, Inc., Chapters 1 through 24 and Chapter 44, Appendices E, F, H, K, R, S, U, and W and as further amended by the Division. Chapters 25 through 43, and Appendices A, B, C, D, G, I, J, L, M, N, O, P, Q, T, V, and X are not adopted as part of the 2023 Oregon Residential Specialty Code.

(b) The low-rise plumbing provisions of the Oregon Residential Specialty Code are adopted in the 2023 Oregon Plumbing Specialty Code.

(c) The low-rise electrical provisions of the Oregon Residential Specialty Code are adopted in the 2023 Oregon Electrical Specialty Code.

(d) Low-rise apartment construction provisions of the Oregon Residential Specialty Code are adopted in the 2022 Oregon Structural Specialty Code and the 2022 Oregon Mechanical Specialty Code.

(4) Applicability of code changes to pending applications. Code requirements in effect at the time a plan review or permit application is filed controls the construction under the application unless the applicant agrees to be controlled by subsequent changes.

(5) For the purposes of implementing a phase-in period for the 2023 Oregon Residential Specialty Code:

(a) Chapter 1 of the 2023 Oregon Residential Specialty Code is effective October 1, 2023 with no phase-in period; and

(b) The 2021 Oregon Residential Specialty Code, with the exception of Chapter 1, is adopted for a period of six months beginning October 1, 2023 and ending March 31, 2024.

(6) During the six-month phase-in period established in section (5), subsection (b) of this rule, all building departments in the state are required to accept plans for low-rise residential dwellings designed to either the 2023 Oregon Residential Specialty Code or to the 2021 Oregon Residential Specialty Code.

[Publications: Publications referenced are available for review at the division. See division website for information on purchasing publications.]

History

Statutory/Other Authority: ORS 455.020, ORS 455.030, ORS 455.110, ORS 455.380 & ORS 455.525
Statutes/Other Implemented: ORS 455.610
BCD 4-2024, minor correction filed 04/23/2024, effective 04/23/2024
BCD 3-2023, amend filed 09/12/2023, effective 10/01/2023
BCD 12-2022, amend filed 09/29/2022, effective 10/01/2022
BCD 3-2021, amend filed 03/22/2021, effective 04/01/2021
BCD 11-2017, f. 9-14-17, cert. ef. 10-1-17
BCD 9-2014, f. 9-25-14, cert. ef. 10-1-14
BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11
BCD 5-2008, f. 2-22-08, cert. ef. 4-1-08
BCD 5-2005, f. & cert. ef. 3-28-05
BCD 15-2004, f. 9-10-04, cert. ef. 10-1-04
BCD 33-2002, f. 12-20-02 cert. ef. 4-1-03
BCD 3-2000, f. 1-14-00 cert. ef. 4-1-00
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98, Renumbered from 918-480-0000
BCD 3-1996, f. 2-2-96, cert. ef. 4-1-96
BCA 10-1993(Temp), f. & cert. ef. 6-11-93
BCA 7-1993, f. 4-28-93, cert. ef. 5-1-93
BCA 3-1993(Temp), f. & cert. ef. 3-3-93
BCA 28-1992(Temp), f. 12-30-92, cert. ef. 1-1-93 BCA 13-1992, f. 6-29-92, cert. ef. 7-1-92 BCA 6-1992, f. 3-24-92, cert. ef. 3-27-92 BCA 4-1992(Temp), f. 3-4-92, cert. ef. 3-5-92 BCA 1-1992, f. & cert. ef. 2-6-91 BCA 32-1991(Temp), f. & cert. ef. 9-30-91 BCA 8-1991, f. 4-10-91, cert. ef. 7-1-91 BCA 30-1990, f. 12-21-90, cert. ef. 1-1-92 BCA 21-1990, f. 8-28-90, cert. ef. 9-24-90 BCA 7-1990(Temp), f. 3-23-90, cert. ef. 4-1-90 BCA 3-1990, f. 1-30-90, cert. ef. 4-1-90 DC 6-1987(Temp), f. & cert. ef. 4-3-87, Renumbered from 814-031-0005 DC 11-1986, f. 6-30-86, cert. ef. 7-1-86

Or. Admin. R. 918-480-0010 Amendments to the Oregon Residential Specialty Code

(1) The Oregon Residential Specialty Code is amended pursuant to OAR chapter 918, division 8. Amendments adopted during the code-cycle for inclusion into the Oregon Residential Specialty Code are placed in this rule, showing the section reference and a descriptive caption.

(2) Effective October 1, 2024, the 2023 Oregon Residential Specialty Code Section R310.1 is amended for emergency escape and rescue openings that do not open to a public way.

(3) Effective April 1, 2025, the 2023 Oregon Residential Specialty Code Section R302.3 is amended to include attached stacked two-family dwellings with increased fire separation at the vertical demising walls between each stacked two-family dwelling.

(4) Effective August 5, 2025, the 2023 Oregon Residential Specialty Code Section R327 is amended for additional wildfire hazard mitigation provisions that are available for local adoption.

(5) Effective January 1, 2026, the 2023 Oregon Residential Specialty Code Section R332 is amended to add construction provisions to address sleeping lofts and ladders used to access and egress from sleeping lofts.

[Publications: Publications referenced are available for review at the division. See division website for information on where to purchase publications.]

History

Statutory/Other Authority: ORS 455.020, ORS 455.110 & ORS 455.610
Statutes/Other Implemented: ORS 455.610
BCD 12-2025, amend filed 12/22/2025, effective 01/01/2026
BCD 8-2025, temporary amend filed 08/05/2025, effective 08/05/2025 through 01/01/2026
BCD 4-2025, amend filed 03/27/2025, effective 04/01/2025
BCD 1-2025, temporary amend filed 01/31/2025, effective 01/31/2025 through 07/29/2025
BCD 11-2024, amend filed 09/27/2024, effective 10/01/2024
BCD 4-2023, amend filed 09/14/2023, effective 10/01/2023
BCD 7-2022, amend filed 06/30/2022, effective 07/01/2022
BCD 3-2021, amend filed 03/22/2021, effective 04/01/2021
BCD 20-2020, temporary amend filed 09/30/2020, effective 10/01/2020 through 03/28/2021
BCD 1-2019, amend filed 01/24/2019, effective 01/24/2019
BCD 13-2018, temporary amend filed 06/22/2018, effective 06/30/2018 through 12/26/2018
BCD 16-2017, temporary amend filed 12/21/2017, effective 01/01/2018 through 06/29/2018
BCD 11-2017, f. 9-14-17, cert. ef. 10-1-17
BCD 2-2016, f. 1-28-16, cert. ef. 2-1-16
BCD 3-2015, f. 3-24-15, cert. ef. 4-1-15
BCD 9-2014, f. 9-25-14, cert. ef. 10-1-14
BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11
BCD 11-2011(Temp), f. & cert. ef. 4-15-11 thru 9-30-11
BCD 1-2011, f. & cert. ef. 2-15-11
BCD 19-2010, f. 12-30-10, cert. ef. 1-1-11
BCD 5-2010, f. 5-14-10, cert. ef. 7-1-10
BCD 8-2009, f. 9-30-09, cert. ef. 10-1-09
BCD 1-2009, f. 1-30-09, cert. ef. 2-1-09
BCD 24-2008(Temp), f. & cert. ef. 10-6-08 thru 4-1-09
BCD 21-2008, f. 9-30-08, cert. ef. 10-1-08
BCD 13-2008(Temp), f. & cert. ef. 7-3-08 thru 12-30-08
BCD 5-2008, f. 2-22-08, cert. ef. 4-1-08
BCD 1-2007, f. 2-15-07, cert. ef. 4-1-07
BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06
BCD 5-2005, f. & cert. ef. 3-28-05
BCD 15-2004, f. 9-10-04, cert. ef. 10-1-04
BCD 33-2002, f. 12-20-02 cert. ef. 4-1-03
BCD 1-2003(Temp), f. & cert. ef. 1-10-03 thru 3-31-03
BCD 30-2002, f. 12-6-02, cert. ef. 1-1-03
BCD 22-2002(Temp), f. 9-13-02 cert. ef. 10-1-02 thru 3-29-03
BCD 2-2002, f. 3-5-02, cert. ef. 4-1-02
BCD 3-2001, f. 2-9-01, cert. ef. 3-1-01
BCD 32-2000, f. 12-27-00, cert. ef. 1-1-01
BCD 19-2000(Temp), f.& cert. ef. 8-15-00 thru 2-10-01
BCD 3-2000, f. 1-14-00 cert. ef. 4-1-00
BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 3-1998, f. 1-29-98, cert. ef. 4-1-98
BCD 5-1997, f. 3-21-97, cert. ef. 4-1-97
BCD 22-1996(Temp), f. 10-1-96, cert. ef. 10-4-96
BCD 3-1996, f. 2-2-96, cert. ef. 4-1-96
BCD 6-1995, f. 3-31-95, cert. ef. 4-1-95
BCA 29-1993, f. 11-24-93, cert. ef. 12-1-93
BCA 28-1993, f. 10-22-93, cert. ef. 1-1-94
BCA 18-1993, f. 8-24-93, cert. ef. 8-29-93

Or. Admin. R. 918-480-0015 Oregon Housing Needs Analysis Visitability Definition

For the purpose of the Oregon House Needs Analysis, unless context requires otherwise, “Visitability” means a dwelling unit in a structure constructed under the Oregon Residential Specialty Code, that meets the provisions for Type C units in ICC A117.1 (2017).

History

Statutory/Other Authority: Oregon Laws 2023, Chapter 13, Section 5 (House Bill 2001)
Statutes/Other Implemented: Oregon Laws 2023, Chapter 13, Section 5 (House Bill 2001)
BCD 16-2024, adopt filed 12/23/2024, effective 01/01/2025

Or. Admin. R. 918-480-0020 One- and Two-Family Dwelling Permit Fees

(1) Effective July 1, 1999, the Building Codes Division fees for administration of the Oregon Residential Specialty Code are based on 130 percent of the 1979 Uniform Building Code and 1979 Uniform Mechanical Code as published by the International Conference of Building Officials, as authorized in ORS 455.210.

(2) Valuation for structural permit fees are published in their entirety in OAR 918-460-0030 Table 1-S. Permit and plan review fees are published in their entirety in 918-460-0050 Table 2-S.

(3) Mechanical permit fees are published in their entirety in OAR 918-440-0050 Table 1-M.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020 & 455.210
Statutes/Other Implemented: ORS 455.210
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 9-2014, f. 9-25-14, cert. ef. 10-1-14
BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11
BCD 15-2004, f. 9-10-04, cert. ef. 10-1-04
BCD 33-2002, f. 12-20-02 cert. ef. 4-1-03
BCD 11-1999, f. 9-7-99, cert. ef. 10-1-99
BCD 8-1999(Temp), f. & cert. ef. 7-1-99 thru 12-27-99

Or. Admin. R. 918-480-0030 Phased Project and Deferred Submittal Fees

When requested to review and approve plans for phased construction or deferred plan submittals under the Oregon Residential Specialty Code, the following fees in addition to the applicable plan review and permit fees apply:

(1) Phased Permits. There is an application fee of $50 for each separate phase of the project. In addition, the plan review fee is increased in an amount equal to 10 percent of the building permit fee calculated according to OAR 918-480-0020 using the value of the particular phase of the project, not to exceed an additional $1,500 for each phase.

(2) Deferred Submittals. The fee for processing and reviewing deferred plan submittals is an amount equal to 65 percent of the building permit fee calculated according to OAR 918-480-0020 using the value of the particular deferred portion or portions of the project. This fee is in addition to the project plan review fee based on total project value.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020
Statutes/Other Implemented: ORS 455.020
BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11
BCD 26-2001, f. 12-28-01, cert. ef. 1-1-02

Or. Admin. R. 918-480-0125 Uniform Alternate Construction Standard for One and Two Family Dwellings

(1) For lots of record created on or after July 2, 2001, if the building official intends to allow one or more of the Uniform Alternate Construction Standards at the time of building permit application, triggered by fire official determinations of inadequate apparatus access or water supply, the building official must:

(a) Provide at least a general notification of the intent to allow such Uniform Alternate Construction Standards; and

(b) Provide such notification in conjunction with the approval of a land use application under ORS 197.522.

(2) The building official, acting in conformance with these rules, may choose to apply one or more Uniform Alternate Construction Standards after a determination by a fire official with authority over water supply and apparatus access, that the water supply, apparatus access, or both are inadequate at a site. A building official shall give consideration to advice of the State Fire Marshal or local fire official that does not conflict with this rule, but shall retain the authority to make final decisions. Decisions to consider a Uniform Alternate Construction Standard and the selection of one or more Uniform Alternate Construction Standards by a building official are final.

(3) A Uniform Alternate Construction Standard is not a Statewide Alternate Method.

(4) Uniform Alternate Construction Standards for One and Two Family Dwellings. Uniform Alternate Construction Standards are limited to one or more of the following fire suppression and fire containment components:

(a) Installation of an NFPA Standard 13D fire suppression system;

(b) Installation of additional layers of 5/8 inch, Type-X gypsum wallboard;

(c) Installation of fire-resistive compartmentalization of dwellings to limit the spread of fire by use of fire-resistant building elements, components or assemblies. Fire-resistance ratings shall be determined in accordance with the Oregon Structural Specialty Code;

(d) Installation of fire-resistive exterior wall covering and roofing components; or

(e) Provide fire separation containment in accordance with the default standards as set forth in the Wildland-Urban Interface rules adopted by the Oregon Department of Forestry (see OAR 629-044-1060).

(5) When unique site conditions exist on a lot or when installation of a full NFPA Standard 13D fire suppression system is impractical due to substantially increased local system development charges, a building official may accept installation of a partial NFPA Standard 13D fire suppression system in conjunction with one or more of the Uniform Alternate Construction Standards listed in subsections (4)(a) through (e) of this rule.

History

Statutory/Other Authority: ORS 455.610
Statutes/Other Implemented: ORS 455.610
BCD 13-2016, f. 9-30-16, cert. ef. 10-1-16
BCD 7-2016(Temp), f. & cert. ef. 6-28-16 thru 12-24-16

Or. Admin. R. 918-480-0130 Conventional Light Frame Construction

As per ORS 455.628, construction documents designed, prepared and sealed by an Oregon licensed architect or engineer, who has a valid Oregon Inspector Certification, and is also certified in the state of Oregon as one and two family dwelling plans examiners or is certified by the International Code Council as a Residential Building Inspector, are not required to obtain plan review for conventional light frame construction for detached one and two family dwellings. For the purpose of this rule, “Conventional Light Frame Construction” is defined as a type of construction that complies with the requirements under the latest edition of the Oregon Residential Specialty Code and subject to the following limitations:

(1) Buildings must be designed such that its vertical and horizontal structural elements are primarily formed by a system of repetitive wood or light gage steel framing members as allowed by the Oregon Residential Specialty Code;

(2) Buildings must be subject to the maximum height and story limitations as specified in the Oregon Residential Specialty Code;

(3) Bearing wall floor-to-floor heights may not exceed those specified in the Oregon Residential Specialty Code;

(4) All design loads, including wind and seismic loading may not be less than those allowed by the Oregon Residential Specialty Code;

(5) Site topography and site geotechnical limitations may not exceed those allowed by the Oregon Residential Specialty Code; and

(6) Buildings subject to the irregular building limitations as specified in the Oregon Residential Specialty Code.

History

Statutory/Other Authority: ORS 455.020, 455.030 & 455.628
Statutes/Other Implemented: ORS 455.628
BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11
BCD 11-2004, f. 8-13-04, cert. ef. 10-1-04

Or. Admin. R. 918-480-0140 Certificates of Occupancy — Residential

(1) Prior to occupancy of a new residential dwelling or townhouse the building official must issue a certificate of occupancy in the form and format established by the Division, unless a temporary certificate of occupancy is issued by the building official.

(2) For purposes of this rule, the terms “residential dwelling” and “townhouse” have the same meaning as in Section R202 of the Oregon Residential Specialty Code.

(3) Before the certificate of occupancy is issued, the general contractor or owner who was issued the structural permit for construction must provide to the building official the contact information and relevant license information for the general contractor, as well as any electrical contractor, H-VAC contractor and plumbing contractor that performed work on the residential dwelling or townhouse.

(4) A building official may revoke a certificate of occupancy or a temporary certificate of occupancy when the residential dwelling or townhouse is in violation of applicable law that poses a threat to health and safety. The revocation must be in writing and state the basis for the revocation of the certificate of occupancy.

History

Statutory/Other Authority: ORS 455.055
Statutes/Other Implemented: ORS 455.055
BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11
BCD 3-2008, f. 2-21-08, cert. ef. 4-1-08

Or. Admin. R. 918-480-0150 Low Volume Window Label Program

(1) As used in this rule:

(a) “Exempt fenestration product” means a skylight or solarium that is exempt from the thermal performance standards established in the Oregon Residential Specialty Code .

(b) “Manufacturer” has the definition provided in Chapter 11 of the Oregon Residential Specialty Code .

(c) “Window produced in low volume” has the definition provided in Chapter 11 of the Oregon Residential Specialty Code .

(2) Manufacturers of windows produced in low volume or exempt fenestration products must participate in a labeling program administered by the Division. Participating manufacturers must:

(a) Print their own labels, subject to standards established in the Oregon Residential Specialty Code ;

(b) Attach an appropriate label to each window produced in low volume or exempt fenestration product produced for installation in Oregon;

(c) Comply with any other applicable labeling requirements established in Chapter 11 of the Oregon Residential Specialty Code ; and

(d) Maintain a log in which the attachment of each label is recorded.

(3) A manufacturer participating in the Division’s labeling program must obtain, from the Division, a log for recording the attachment of labels to either windows produced in low volume or exempt fenestration products. A participating manufacturer must record in its log the type of window produced in low volume or exempt fenestration product that was labeled, the label’s production number, and the date the label was attached. A copy of a manufacturer’s labeling program log for the previous year must be sent to the Division by no later than January 31st of each year. The log must also be made available to the Division upon request.

(4) Participating manufacturers may not:

(a) Sell, exchange, or transfer their labels to another manufacturer;

(b) Purchase or obtain labels produced by another manufacturer; or

(c) Produce or use labels in excess of the maximum established by Chapter 11 of the Oregon Residential Specialty Code .

History

Statutory/Other Authority: ORS 455.525
Statutes/Other Implemented: ORS 455.525
BCD 11-2017, f. 9-14-17, cert. ef. 10-1-17
BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11
BCD 36-2008, f. 12-31-08, cert. ef. 1-1-09
BCD 26-2008(Temp), f. & cert. ef. 11-3-08 thru 5-1-09

Division 500 MANUFACTURED DWELLINGS

Or. Admin. R. 918-500-0000 Reasonable Notice to Interested Parties

Before the adoption, amendment, or repeal of any rule relating to the construction, inspection, installation, or alteration of manufactured dwellings or manufactured dwelling accessory buildings or structures, the Building Codes Division must give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date; and

(2) By making the notice available to persons as established under ORS 183.335 (8).

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 183.335
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0005 Definitions

The following definitions apply to OAR 918, divisions 500 and 515 and are in addition to those in ORS 446.003:

(1) “Accessory Building” means an accessory building as defined in ORS 446.003(1) and specifically includes but is not limited to cabanas, ramadas, storage sheds, and garages.

(2) “Accessory Structure” means an accessory structure as defined in ORS 446.003(1) and specifically includes, but is not limited, to awnings, carports, decks, steps, and ramps.

(3) “Attached Garage” means a garage which is structurally independent of a manufactured dwelling but is joined through flashings and separated with fire-resistive construction.

(4) “Building” means any permanent building but does not include manufactured dwelling accessory buildings.

(5) “Combination Park” means a lot or tract of land which has been approved to contain both a manufactured dwelling or mobile home park and a recreation park.

(6) “DAPIA” means the Design Approval Primary Inspection Agency, either a state or private organization that has been accepted by the Secretary of HUD to evaluate and approve manufactured dwelling designs and quality control procedures.

(7) “Direct Supervision” means being physically present 85 percent of each day to provide leadership and direction on the job site to limited installers installing manufactured dwellings or cabanas.

(8) “Earthquake-Resistant Bracing System” or “ERB” means an anchoring system, bracing system, or other devices designed and constructed to protect the health and safety of the occupants of, and reducing damage to, a manufactured dwelling in the event of an earthquake.

(9) “Field Technical Service” means the clarification of technical data, including but not limited to, division interpretations, investigations, or training relating to the application of laws, rules, standards and regulations administered and enforced by the Building Codes Division.

(10) “Garage” means a structure located on a manufactured dwelling site designed for the storage of motor vehicles.

(11) “HUD” means U.S. Department of Housing and Urban Development.

(12) “Immediate Family” means father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, grandson, granddaughter, grandfather, grandmother, stepmother, stepfather, stepson, stepdaughter, brother-in-law, or sister-in-law.

(13) “Insignia” means “Insignia of Compliance” as defined in ORS 446.003.

(14) “Length of a Manufactured Dwelling” means the distance from the extreme exterior of the front wall (nearest to the drawbar and coupling mechanism) to the extreme exterior of the rear wall (at the opposite end of the home) where such walls enclose living or other interior space and such distance includes expandable rooms but not bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments.

(15) “Maintenance of Equipment” means performing routine tasks such as lubricating or changing filters, washers, fuses, or bulbs as necessary for the continued operation of the equipment but does not include the replacement, conversion, alteration, or addition of or to any equipment.

(16) “Manufacturer’s Representative” means an employee, dealer, or person authorized by a manufacturer through contract to act on behalf of the manufacturer.

(17) “Minor Repair” means a simple repair such as replacing broken glass, fittings, devices, or fixtures, using approved component parts but does not include the repair or replacement of major portions of the structural, plumbing, electrical, or mechanical system or conversions, alterations, or additions.

(18) “Model” means an individual manufactured dwelling as designated by the manufacturer, intended to be manufactured with a specific floor plan, structural components, and the type, location, and installation of plumbing, mechanical and electrical equipment in accordance with the plans submitted to the Design Approval Primary Inspection Authority.

(19) “Notice of Violation” means written notification by the division stating the manufactured dwelling or equipment may not be used, rented, leased, or sold or offered for rent, lease, or sale due to violations of ORS chapter 446 or the appropriate building code or standard.

(20) “One Year,” relating to experience qualifications, means 1,600 hours of work experience, 45 or more credit hours of schooling in the quarter system, or 30 or more credit hours of schooling in the semester system.

(21) “Porch” means an outside walking area having the floor elevated more than eight inches (20 cm) above grade.

(22) “Ramada” means a stationary structure having a roof extending over a manufactured structure that may also extend over a patio or parking space for a motor vehicle, and is used principally for protection from snow, sun or rain.

(23) “Repair” means the reconstruction or renewal of any part of an existing manufactured dwelling or piece of equipment for the purpose of its maintenance.

(24) “Replacement In Kind” means replacing equipment or accessories with approved like equipment or accessories, such as switches, thermostats, fittings, elements, or motors, but does not include the replacement of major portions of the structural, plumbing, electrical, or mechanical system.

(25) “Single-Family Dwelling” means a manufactured dwelling used by an individual or two or more persons related by blood or marriage or a group of not more than ten persons not related by blood or marriage living together. When located in a labor camp as defined in OAR chapter 437, single-family dwelling includes manufactured dwellings with not more than five bedrooms, used to house up to ten persons not related by blood or marriage.

(26) “Stand” means that area of the manufactured dwelling site which has been reserved for the placement of a manufactured dwelling or accessory structure.

(27) “Structure” means that which is built or constructed.

(28) “Underfloor Enclosure” means the perimeter skirting, foundation wall or retaining wall used to enclose the underfloor area of a manufactured dwelling.

(29) “Utility Connection” means:

(a) Installation and connection of the manufactured dwelling electrical feeders to the utility termination (electrical service);

(b) Installation and connection of the manufactured dwelling drain (building drain) to the sewer utility termination (building sewer);

(c) Installation and connection of the manufactured dwelling water distribution system to the water utility termination (building supply); and

(d) Installation and connection of the manufactured dwelling fuel gas distribution system to the gas utility termination.

(30) “Utility Termination” means:

(a) The electrical service equipment provided on a lot for the manufactured dwelling utility connection;

(b) The building sewer provided on a lot for the manufactured dwelling utility connection; and

(31) “Visual Inspection” means an inspection by the division of the visible portions of completed construction for the purpose of identifying code violations or approving and issuing an insignia of compliance.

(32) “Width of a Manufactured Dwelling” means the distance between the extreme exterior of two opposite walls enclosing living or other interior space and including expandable rooms but not bay windows, porches, wall and roof extensions, or other attachments.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.240
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 1-2002, f. 1-28-02, cert. ef. 4-1-02
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 5-1992, f. & cert. ef. 3-23-92
BCA 31-1991(Temp), f. 9-25-91, cert. ef. 9-30-91
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0010 Objective

(1) The provisions of OAR 918, divisions 500 and 515 apply to the design, manufacture, installation, alteration, licensing of installers, handling and storage of equipment, and manufactured dwellings rented, leased, sold, installed, or offered for rent, lease, or sale in Oregon as authorized by ORS Chapter 446.

(2) A dealer subject to the requirements of OAR 918, division 500, must also comply with OAR 918, division 550 and 441-446-0100 through 441-446-0300.

History

Statutory/Other Authority: ORS, 446.160, 446.230, 446.240 & 455.010 - 455.130
Statutes/Other Implemented: ORS 446.003 - 446.200, 446.225 - 446.423, 446.430 - 446.440 & 446.990
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0035 Additional Requirements

(1) The federal Manufactured Home Construction and Safety Standard (24 CFR 3280) in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 is the state of Oregon’s minimum construction and safety standard for manufactured dwellings.

(2) Where the design, construction, alteration, or repair of a manufactured dwelling is not covered by the minimum safety and construction standards of these rules or the Oregon Manufactured Dwelling Installation Specialty Code, the requirements in the Oregon Residential Specialty Code apply.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.185
Statutes/Other Implemented: ORS 446.185
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 5-1998, f. 2-10-98, cert. ef. 7-1-98

Or. Admin. R. 918-500-0040 Disclosure Regarding Permissible Uses, Roof Snow Loads, and Anchoring

(1) Dealers and distributors selling manufactured homes for installation in Oregon must present each potential buyer of a new manufactured home with a division disclosure statement to read and sign prior to the completion of the sales contract of any new manufactured home. Prior to presenting disclosures to potential buyers and prior to any sale, dealers and distributors must complete the disclosure in writing indicating the date, dealer’s or distributor’s name, address, and Department of Consumer and Business Services dealer license number. Dealers and distributors must give one signed copy of the disclosure to the buyer and retain one copy in the dealer’s or distributor’s files for not less than five years from the date of sale. Copies of signed disclosures must be made available to the division upon request.

(2) Dealers or distributors may reprint the division’s disclosure form or include the division’s disclosure statement within their own sales contract. If a dealer or distributor prints its own disclosure, the content must be identical to the division’s disclosure statement and must not be less than 11 point type size.

(3) Dealers and distributors are responsible for maintaining accurate records and filing those reports where required by the federal Manufactured Housing Procedural Regulations (24 CFR 3282), ORS chapter 446 and OAR chapter 918, divisions 500 and 515.

[NOTE: Disclosure form is available from the division and can be found on the division Web site at http://www.oregon.gov/bcd/permit-services/Pages/manufactured-dwelling-services.aspx.]

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.260
Statutes/Other Implemented: ORS 446.260
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 4-1998, f. 2-10-98, cert. ef. 7-1-98

Or. Admin. R. 918-500-0055 Municipal Authority

(1) When the division delegates the authority to perform plan reviews, issue permits, and perform inspections for alterations and installations of manufactured dwellings and accessory buildings and structures to a local government as provided by ORS 446.250, the delegation includes the obligation to comply with all applicable laws, rules, standards, and codes including collection and remittance to the division of state fees and surcharges.

(2) Failure to comply with all applicable laws, rules, and codes constitute failure to consistently act in the public interest or to carry out the duties assumed by local government, and must be enforced under the provisions of ORS 446.253 and 446.255.

History

Statutory/Other Authority: ORS 446.253
Statutes/Other Implemented: ORS 446.250 & 455.150
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 23-1991, f. 7-2-91, cert. ef. 7-5-91
BCA 11-1991(Temp), f. 4-30-91, cert. ef. 5-1-91

Or. Admin. R. 918-500-0100 General Fees

The following fees apply to the division and do not apply to municipalities. Municipalities who have been delegated the manufactured dwelling alteration program by the division may establish their own fee schedule or adopt the division’s fee schedule through local ordinance.

(1) Inspection Fee: $55 for an inspection requiring one hour or less, and $27.50 for every additional 30 minutes or fraction thereof exceeding one hour, including travel time. Mileage must be paid at the rate established by the Oregon Department of Administrative Services.

(2) Field Technical Service Fee: $55 for service requiring one hour or less, and $27.50 for every additional 30 minutes or fraction thereof exceeding one hour, including travel time. Mileage must be paid at the rate established by the Oregon Department of Administrative Services.

(3) Out-of-State Inspection or Field Technical Service Fee: In addition to the hourly charges of sections (1) and (2) of this rule, the division must be reimbursed for the actual cost based on published air fare or equivalent, plus required surface transportation and cost for food and lodging consistent with the allowances established by the Oregon Department of Administrative Services for authorized state employee travel.

(4) Hourly Re-inspection Fee: Same fee schedule as noted in sections (1), (2), and (3) of this rule.

(5) Change of Manufacturer’s Name, Ownership or Address Fee: $20 for each change.

(6) Insignia Fee: $50 per insignia.

(7) Replacement Insignia: $50 per insignia.

(8) Alteration Permit Fees:

(a) Alteration Inspection Fee: $125 per inspection including insignia of compliance;

(b) Alternate Construction Inspection Fee: $55 per hour including travel time but not to exceed $300 for any one manufactured home; or

(9) Installation Certification Tag: $8 per tag.

(10) Manufacturer Registration Fee: $100 per facility.

(11) Manufacturer Annual Registration Renewal Fee: $20 per facility.

(12) Manufactured Dwelling Inplant Inspection Fee: $42.50 per floor inspected, and must be paid monthly. A maximum of four floor overlap inspections may be performed without charge during each regularly scheduled complete inplant inspection. The fee for re-inspections and additional overlap inspections may be charged at the rate for each floor or at the rate per hour, whichever is less.

(13) Installer License Program Hitch Fee: $4 per floor produced in Oregon, and must be paid monthly.

(14) Manufactured Dwelling Label or Tag Handling Fee: $2 per floor.

(15) Plan Review Fee: $55 for non-structural plan review requiring one hour or less, and $27.50 for every additional 30 minutes or fraction thereof exceeding one hour.

(16) Structural Plan Review Fee: $70 for plan review requiring one hour or less; $35 for every 30 minutes or fraction thereof exceeding one hour.

(17) Manufactured Dwelling Installer License and Examination Fee: $55.

(18) Education Provider Application Fee: $55.

(19) Manufactured Dwelling Limited Installer and Limited Skirting Installer License Fee: $55.

(20) Manufactured Dwelling Installer and Educational Provider Re-examination Fee: $40.

(21) Manufactured Dwelling Temporary Limited Installer License Fee: $10.

(22) Installer, Limited Installer and Limited Skirting Installer License Two-Year Renewal Fee: $80.

(23) Manufactured Dwelling Accessory Building or Structure Installation Permit Fees: The fees are those published in the Oregon Residential Specialty Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176
Statutes/Other Implemented: ORS 446.176
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 15-2005, f. & cert. ef. 7-5-05
BCD 1-2001, f. 1-24-01, cert. ef. 2-1-01
BCD 15-2000(Temp), f. 8-2-00, cert. ef. 10-1-00 thru 3-29-01
BCD 23-1998, f. 11-9-98, cert. ef. 11-15-98
BCD 11-1998(Temp), f. 6-2-98, cert. ef. 7-1-98 thru 12-27-98
BCD 13-1996, f. & cert. ef. 7-1-96
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 23-1994, f. 10-26-94, cert. ef. 11-18-94
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 1-1993, f. & cert. ef. 1-4-93
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 34-1991, f. 10-23-91, cert. ef. 10-31-91
BCA 9-1991(Temp), f. 4-24-91, cert. ef. 7-1-91
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0105 Installation Permit Fees

The following fees apply to the division and do not apply to municipalities. Municipalities who have been delegated the manufactured dwelling installation program by the division may establish their own fee schedule or adopt the division’s fee schedule through local ordinance.

(1) Manufactured Dwelling and Cabana Installation Permit Fee: $160 per installation. This permit fee includes review of the plot plan, the installation inspection and the final inspection. This permit fee does not include retaining walls over four feet high or basement construction under a manufactured dwelling.

(2) Earthquake-Resistant Bracing System Installation Permit Fee: $110 per installation. This permit fee is only charged when the earthquake-resistant bracing (ERB) system is not part of the original manufactured dwelling installation.

(3) Manufactured Dwelling Retaining Wall (if over 48 inches) or Basement Permit Fees: The fees are those published in the Oregon Residential Specialty Code.

(4) Manufactured Dwelling, Cabana, and ERB Installation Reinspection Fee: $110 per inspection.

(5) State Code Development and Training and Monitoring Fee: $30:

(a) This fee is in addition to all other fees and charges and must be paid by all purchasers of manufactured dwelling or cabana installation permits regardless of whether the permit is issued by the state or a municipality;

(b) If the installation permit is issued by a municipality, this fee must be collected and remitted to the division in the same manner as required by ORS 455.220(2) for surcharges collected by municipalities.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.176
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 1-2002, f. 1-28-02, cert. ef. 4-1-02
BCD 14-2001, f. 10-15-01, cert. ef. 11-1-01
BCD 6-2001(Temp), f. 6-15-01, cert. ef. 7-1-01 thru 12-27-01
BCD 1-2001, f. 1-24-01, cert. ef. 2-1-01
BCD 15-2000(Temp), f. 8-2-00, cert. ef. 10-1-00 thru 3-29-01
BCD 23-1998, f. 11-9-98, cert. ef. 11-15-98
BCD 11-1998(Temp), f. 6-2-98, cert. ef. 7-1-98 thru 12-27-98
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92

Or. Admin. R. 918-500-0110 Additional Fees

(1) When the division determines that a person has failed to obtain required inspections, permits, labels, insignias, tags, or plan reviews, which requires the division staff to work outside normal business hours, the person may be charged additional fees as described in sections (4) and (5) of this rule.

(2) Persons who sell or ship manufactured dwellings or equipment known to be out of compliance or that require inspections or reinspections prior to selling or shipment, that require division staff to work outside normal business hours, may be charged additional fees as described in sections (4) and (5) of this rule.

(3) Installers failing to leave a copy of the manufacturer’s installation manual when required, failing to attach an installation certification tag or failing to respond to a correction notice are subject to a reinspection fee required under section (6) of this rule.

(4) Persons requesting or requiring inspections or field technical service outside the normal business hours of the division are charged fees at 1 and 1/2 times the amounts shown in OAR 918-500-0100 except for travel expenses.

(5) Persons requesting or requiring inspections or field technical service on recognized state holidays are charged two times the amounts shown in OAR 918-500-0100 except for travel expenses.

(6) Persons requesting inspections when work is not ready for inspection, or causing an inspector to make an additional trip for failure to make corrections or failure to notify the division of corrections are charged re-inspection fees as described in OAR 918-500-0100(4).

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.176
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0300 Manufacturer Registration

(1) All manufactured dwelling manufacturers who are located in or who ship into Oregon must register with the division.

(2) Manufacturing facility registration must be renewed by January 1 of each year by complying with the renewal notice sent by the division.

(3) A current copy of each manufacturing facility’s Quality Assurance Manual, Installation Manual, Home Owner’s Manual, and Warranty Provisions must accompany each application for registration and renewal.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.230
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0310 Manufacturer Certification

All manufacturers of manufactured dwellings must be certified by the division or other approved HUD primary inspection agency, pursuant to the Federal Manufactured Home Procedural and Enforcement Regulations (24 CFR Section 3282.362), and meet the requirements for registration in OAR 918-500-0300.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.225
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0320 Change of Ownership

If there is a change of ownership of a manufactured dwelling manufacturer, the new owner must, within ten days of the date of change, register with the division pursuant to OAR 918-500-0300..

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.230
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0330 Change of Name, Address or Location

When a manufacturer changes its name, address, or location, the manufacturer must notify the division in writing within ten days of the date of change. The notice must be accompanied by an Application for Manufacturer Registration, together with the fee.

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.230
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0340 Production Discontinuance

When a manufactured dwelling manufacturer discontinues production, the manufacturer must return all unused insignia of compliance to the division.

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.230
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0400 Required Inspection

(1) A person may not manufacture, transport, rent, lease, or sell or offer for rent, lease, or sale a new manufactured dwelling without requesting an inspection from the division if any of the following conditions exist:

(a) The manufactured dwelling has been altered by the manufacturer or dealer before or at the time of sale to the first consumer but has not been approved by the division;

(b) The manufactured dwelling has left the manufacturer’s facility under a “Notice of Violation” or “Red Tag” condition; or

(2) When inspections reveal that a manufacturer is not manufacturing structures according to their approved design or to the Federal Construction and Safety Standard, and the manufacturer has been provided with a written report identifying specific provisions of the design or the standard that have been in violation, and the manufacturer continues to manufacture structures in violation, the division may withhold or remove insignia, increase the frequency of inspections, or provide training.

(3) To facilitate required inplant and field inspections, a manufacturer may not construct a manufactured dwelling under an alternate construction method according to the federal Manufactured Home Procedural and Enforcement Regulations (24 CFR Section 3282.14) without first notifying the division in writing and supplying a copy of the alternate construction method approval from HUD.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.155
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-1995, f. 12-15-95, cert. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0410 Inspection Request

(1) Requests for inspection from a manufacturer must:

(a) Be made to the division by mail, electronic mail, phone, or fax transmittal, and received at least five working days prior to the desired time of inspection; and

(b) Indicate the serial number of the manufactured dwelling to be inspected. Inspection fees must be paid by the manufacturer within 30 days of the billing date.

(2) Requests for inspection from a dealer must:

(a) Be made on forms supplied by the division, and received at least five working days prior to the desired date of inspection;

(b) Indicate the location, make, model, and serial number of the manufactured dwelling; and

(c) Be accompanied by the minimum inspection fees required by OAR 918-500-0100 and 918-500-0110. All additional inspection fees are payable upon completion of each inspection.

(3) All work must be accessible for inspection by the division.

(4) Occupancy may not prevent the physical inspection of manufactured dwelling alterations, repairs, or installations.

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.155
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0420 Notice of Violations

(1) When an inspection reveals that a manufactured dwelling, installation, or the equipment violates a provision of ORS chapter 446, the HUD Standard, the Oregon Manufactured Dwelling Installation Specialty Code or these rules, the division may serve upon the dealer, distributor, installer, contractor, manufacturer, or agent thereof a copy of the inspection report giving details of the violations. The division may also post a Notice of Violation on the manufactured dwelling or equipment.

(2) Violations must be corrected within 30 days from the date of such notice or at a later date, if approved by the division.

(3) If the violations are not corrected in the allotted time, the division may withdraw any previously issued insignia of compliance or certification tags.

(4) Within 30 days of the date of notice, the recipient of a Notice of Violation or inspection report must inform the division in writing of the action taken to correct the violations. Persons failing to reply to the division within 30 days may be subject to the reinspection fees in OAR 918-500-0100(4) and those civil penalties described in ORS 446.271, 446.416 and 446.990. A manufactured dwelling subject to a Notice of Violation may not be transported without division approval.

(5) When a Notice of Violation has been posted on the manufactured dwelling or equipment, the notice may not be removed until authorized by the division. A Notice of Violation may be removed only by the division or a person authorized by the division.

EXCEPTION: If a Notice of Violation or inspection report has been posted on a manufactured dwelling while in storage and the violations noted were only related to the storage conditions, the manufactured dwelling may be moved to the manufactured dwelling site without notification to or approval from the division. Under these conditions only, the dealer, distributor, or manufacturer may remove the Notice of Violation from the manufactured dwelling.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.160
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 1-2002, f. 1-28-02, cert. ef. 4-1-02
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0430 Field Technical Service

Any person may request field technical service by submitting the request in writing to the division; however, the division may deny the request if budget or staffing levels are not sufficient to provide the service.

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.230
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0450 Insignia and Label Requirements

All manufactured dwellings constructed on or after June 15, 1976, must bear an insignia of compliance.

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.170
BCD 6-2017, f. 6-27-17, cert. ef. 7-1-17
BCD 1-2017(Temp), f. & cert. ef. 1-19-17 thru 7-17-17
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0470 Denial of Insignia

(1) If the division, after inspection, determines that a manufacturer is not building manufactured dwellings or equipment according to approved plans, the HUD Standards, or to the minimum safety standards approved by the division, and after notification continues to build manufactured dwellings or equipment in violation of ORS chapter 446 and these rules, applications for new insignia may be denied and all previously issued insignia must be returned to or removed by the division. Upon proof of compliance, satisfactory to the division, the manufacturer may resubmit an application for insignia.

(2) The division may deny all applications for insignia from a manufacturer who is delinquent more than 45 days in paying the fees prescribed in these rules.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176 & 446.230
Statutes/Other Implemented: ORS 446.170
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0510 Standards for the Installation of Manufactured Dwellings

(1) The Oregon Manufactured Dwelling Installation Specialty Code, 2010 Edition, and those standards referenced within are adopted as the division standards for the installation of manufactured dwellings.

(2) When a municipality’s rules, regulations, standards, ordinances, or codes refer to the Oregon Manufactured Dwelling Standard or the Oregon Manufactured Dwelling and Park Specialty Code, it means those documents are referring to the Oregon Manufactured Dwelling Installation Specialty Code and the rules adopted in OAR chapter 918, division 500. This rule does not apply to OAR 918-600-0010.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.185, 446.230, 455.020 & 455.110
Statutes/Other Implemented: ORS 446.225
Renumbered from 918-500-0020, BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 1-2002, f. 1-28-02, cert. ef. 4-1-02
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCD 12-1996, f. & cert. ef. 7-1-96
BCD 1-1996(Temp), f. & cert. ef. 1-12-96
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 14-1995, f. 9-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-500-0520 Amendments to the Manufactured Dwelling Installation Specialty Code

The Oregon Manufactured Dwelling Installation Specialty Code is adopted and amended pursuant to OAR chapter 918, division 8. Amendments adopted are placed in this rule, showing the section reference, a descriptive caption, and a short description of the amendment.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.185, 455.020 & 455.110
Statutes/Other Implemented: ORS 455.110
Renumbered from 918-500-0021, BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
Reverted to BCD 9-2006, f. 6-30-2006, cert. ef. 7-1-06
BCD 9-2007(Temp), f. & cert. ef. 8-21-07 thru 2-17-08
BCD 9-2006, f. 6-30-2006, cert. ef. 7-1-06
BCD 3-2005, f. 3-16-05, cert. ef. 4-1-05

Or. Admin. R. 918-500-0530 Alternate Uses

Manufactured dwellings are constructed, approved, and intended for use as detached single-family dwellings. However, manufactured dwellings may be used as other than detached single-family dwellings provided the manufactured dwelling remains in compliance with the federal Manufactured Home Construction and Safety Standards (24 CFR 3280), is installed according to the Oregon Manufactured Dwelling Installation Specialty Code prior to occupancy, and complies with applicable requirements of these rules.

(1) Manufactured dwellings may be used as temporary sales offices provided the manufactured dwelling:

(a) Does not have any design, construction, transportation, fire and life safety, plumbing, mechanical, or electrical alterations made to it to accommodate the temporary sales office use;

(b) Has a 36 inch wide by 80 inch high exit door;

(d) Has a certificate of occupancy issued by the municipality prior to occupancy; and

(e) Is accessible to employees, the public, and persons with disabilities prior to use in accordance with the Oregon Structural Specialty Code in all the following areas:

(A) All rooms and all floor levels within the manufactured dwelling that will be used for office use, such as bedrooms, dens, living rooms, family rooms, foyers, entry ways, and hallways must be accessible.

(B) Bathrooms must contain a water closet and a lavatory and must be made accessible. Only one bathroom is required to be accessible if the bathroom is properly marked as a unisex facility and provided with a privacy lock. Bathtubs and showers are not required to be accessible if they are not part of the regular office function.

(C) Areas that are not a part of the regular office function, such as the kitchen, utility room, and unused cabinets or clothes closets are not required to be accessible.

(D) One main entry door is required to be accessible. Secondary exterior doors are not required to be accessible. Interior doors that are part of the regular office function must be accessible.

(E) Appropriate signage must be provided in all accessible areas, both inside and outside of the office.

(F) When provided, drinking fountains, public telephones, furnishings, and similar equipment must be accessible.

(G) Accessibility from the public way up to the main entry door must be provided;

(H) An accessible parking area must be provided near the main entry.

(2) A portion of a manufactured dwelling may be used for an in-home business provided:

(a) The business portion of the manufactured dwelling is restricted to one room only, not including a bathroom, entry, or foyer;

(b) The remainder of the manufactured dwelling is used as a single-family dwelling by the same person using it as a business;

(c) The manufactured dwelling has one 36 inch wide by 80 inch high door exiting to the exterior from the business portion of the manufactured dwelling;

(d) The type of business and location is approved by the municipality prior to installation or occupancy;

(e) The business portion of the manufactured dwelling is accessible to persons with disabilities when the business is open to the public or has employees other than family members using the business space; and

(f) The manufactured dwelling has a certificate of occupancy issued by the municipality prior to occupancy.

(3) Manufactured dwellings may be used for farm worker housing provided the manufactured dwelling:

(a) Is located in a labor camp as defined in OAR chapter 437 and consists of:

(A) Not more than six manufactured dwellings on a lot, parcel, or aggregation of lots or parcels; or

(B) Four or more manufactured dwellings in a manufactured dwelling park, a mobile home park, a temporary manufactured dwelling park, or a combination park.

(b) Is not occupied by more than ten persons not related by blood or marriage;

(d) Is accessible to persons with disabilities, if an affected building;

(e) Conforms to the Oregon Occupational Safety and Health Code, OAR chapter 437; and

(f) Has a certificate of occupancy issued by the municipality prior to occupancy.

(4) Up to six manufactured dwellings may be placed on a single lot, parcel, or aggregation of lots or parcels and adjoined to give the appearance and economy of multi-family housing provided:

(a) Plans showing the adjoined structures are submitted to and approved by the division to verify compliance with the federal Manufactured Home Construction and Safety Standards (24 CFR 3280), the federal Manufactured Home Procedural Regulations (24 CFR 3282), the Oregon Manufactured Dwelling Installation Specialty Code, and these rules;

(b) Land use approval has been granted by the municipality;

(c) Division-approved plans are submitted to and approved by the municipality prior to installation permits being issued;

(d) Each manufactured dwelling is used only as a single-family dwelling;

(e) Fire separation is provided at the wall separating each manufactured dwelling according to the Oregon Residential Specialty Code;

(f) Adjoined structures located on the property have fire-resistive protection of exterior walls and openings according to the Oregon Structural Specialty Code, Sections 602 and 704.8;

(g) Each manufactured dwelling is structurally independent of an adjacent manufactured dwelling. However, two manufactured dwellings may be supported by a common foundation wall adequately sized to support both structures;

(h) Each electrical, plumbing, heating, and mechanical system within a manufactured dwelling is independent of the systems within adjacent manufactured dwellings; and

(i) The manufactured dwellings are joined only by flashing and weather resistant roofing materials.

(5) Manufactured dwellings accommodating not more than 10 persons may be used as lodging houses, congregate residences, adult foster homes, or family day care (Group R Occupancies) provided the manufactured dwelling:

(a) Meets all applicable requirements of the Oregon Structural Specialty Code;

(b) If an affected building, must be accessible to persons with disabilities;

(c) Has a minimum of two 36 inch wide by 80 inch high exit doors located remote from each other, exiting to the exterior of the manufactured dwelling;

(d) Has a minimum of two bathrooms;

(e) Meets the minimum setback requirements of the Oregon Residential Specialty Code;

(f) Has the occupancy and its location approved by the municipality prior to installation or occupancy; and

(g) Has a certificate of occupancy issued by the municipality prior to occupancy.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.160
Statutes/Other Implemented: ORS 446.003, 446.055, 446.155, 446.185, 446.225, 446.245, 455.020 & 455.380
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10

Or. Admin. R. 918-500-0540 Certificate of Occupancy and Change of Occupancy

(1) A certificate of occupancy is not required for a manufactured dwelling used for single-family dwelling occupancy. A certificate of occupancy may be required as specified in these rules or when the intended use changes as described in OAR 918-500-0530.

(2) To convert a manufactured dwelling to another occupancy type or use not specifically addressed in these rules, a person must:

(a) Apply to the municipality for a change of occupancy;

(b) If required by the municipality, apply for a change in land use;

(c) Bring the manufactured dwelling into conformance with the appropriate Oregon specialty codes for the new use and occupancy;

(d) Make it accessible for persons with disabilities, if accessibility is required by the new use or occupancy;

(e) Ensure that persons converting the manufactured dwelling have the appropriate state licenses and registrations required to perform such work;

(f) Return any federal or state labels or insignias attached to the manufactured dwelling to the division before the change in use or occupancy; and

(g) Obtain a certificate of occupancy from the municipality, if required.

(3) Manufactured dwellings used for other than residential, temporary sales offices, or in-home businesses that are affected buildings under the Americans with Disabilities Act must be accessible according to the requirements of the Oregon Structural Specialty Code.

(4) When a manufactured dwelling is sold “as is” or “with all faults” and is intended to be used as a non-regulated structure, such as an agricultural use, the owner must remove all appliances, all plumbing fixtures in the kitchen and baths, and must return any federal or state insignias or labels to the division.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.160
Statutes/Other Implemented: ORS 446.155, 446.245, 446.253 & 455.055
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10

Or. Admin. R. 918-500-0550 Warranty Work

Permits are not required for manufacturer’s warranty work on manufactured dwellings as per the Manufactured Home Procedural and Enforcement Regulations (24 CFR 3282) when completed by the manufacturer or the manufacturer’s representative.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.160
Statutes/Other Implemented: ORS 446.185 & 446.225
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10

Or. Admin. R. 918-500-0560 Siting Without Insignia

Insignias of compliance are not required to site a manufactured dwelling, unless the requirement is provided by the municipality.

History

Statutory/Other Authority: ORS 446.160
Statutes/Other Implemented: ORS 446.170
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10

Or. Admin. R. 918-500-0570 Insignias and Labels

(1) No person may remove, destroy, alter, or cover an insignia of compliance except as permitted by these rules. Insignias may be removed by the division or a municipality when a manufactured dwelling bearing an insignia is found to be in violation of ORS 446.155, the Manufactured Dwelling Installation Specialty Code, these rules, or is determined to be a dangerous structure. When the division or a municipality removes an insignia, it must provide the owner or occupant with an inspection report listing the violations.

(2) An insignia may be removed and reinstalled by the homeowner or contractor when a manufactured dwelling is being re-sided.

(3) HUD certification labels or state insignias of compliance are not required to be removed from a manufactured dwelling as a result of alterations, as long as the alterations conform to the requirements of these rules and, when required, have been permitted, inspected, and approved by the division or a municipality.

(4) Manufactured dwellings damaged beyond repair as a result of flood, fire, earthquake, mishap in transit, or any other reason must have the insignias of compliance removed and returned to the division.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.160
Statutes/Other Implemented: ORS 446.155, 446.170, 446.245 & 446.253
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10

Or. Admin. R. 918-500-0580 Alterations

(1) Alterations to manufactured dwellings include, but are not limited to any change, addition, alteration, repair, conversion, replacement, modification, refurbishing, re-manufacturing, or removal of any part of the manufactured dwelling or manufactured dwelling equipment.

(2) The following alterations are exempt from permits but are not exempt from the requirements of these rules or the Manufactured Dwelling Installation Specialty Code:

(a) Minor repairs with approved component parts;

(b) Conversion of listed fuel burning appliances in accordance with the terms of their listing;

(d) Replacement of equipment or accessories in kind.

(3) Alteration work on manufactured dwellings must conform to or may exceed the federal or state code in effect at the time of original manufacture.

(4) Alterations before or at the time of sale to the first consumer performed or arranged by the manufacturer, dealer, or distributor must:

(a) Conform to the federal Manufactured Home Construction and Safety Standards (24 CFR 3280), the manufacturer’s DAPIA approved plans, these rules; and

(b) Be inspected by the division, with the exception of certain site installed mechanical equipment identified in these rules.

(5) The following site installed mechanical equipment must be inspected by the municipality according to the Oregon Manufactured Dwelling Installation Specialty Code. Site installed mechanical equipment includes, but is not limited to:

(a) Solid fuel burning appliances, wood stoves and fireplaces listed or approved for manufactured dwellings or mobile home use, and listed pellet-fired appliances;

(b) Listed heat pumps; and

(6) Solid fuel-burning devices, wood or pellet burning, as defined in ORS 468A.485, must be installed according to the device manufacturer’s installation instructions and to the applicable requirements in these rules. Solid fuel burning devices must be certified as required by the Oregon Department of Environmental Quality pursuant to ORS 468A.460 to 468A.480.

NOTE: Listed or approved fuel burning appliances must be installed to provide for the complete separation of the combustion system from the interior atmosphere of the manufactured dwelling.

(7) Alterations to manufactured dwellings after the initial sale to the first consumer must conform to the following:

(a) The code that was in effect at the time of original manufacture;

(b) The equivalent provisions of the Oregon Residential Specialty Code;

(c) The 1972 edition of ANSI A119.1 Standard for Mobile Homes and the 1971 edition of the National Electrical Code NFPA 70 for manufactured dwellings constructed prior to June 1976; or

(d) In cases where the original manufacture date cannot be determined or where it is impractical for the manufactured dwelling to conform to the strict letter of the code, a municipality may accept methods or materials that are substantially equivalent to the code. Engineering may be required to substantiate equivalency if structural components of the manufactured dwelling have been altered or replaced.

(8) Unless specified otherwise, alterations may not take a manufactured dwelling out of compliance with the federal Manufactured Home Construction and Safety Standards (24 CFR 3280), the Oregon Manufactured Dwelling Installation Specialty Code, and these rules.

(9) The following applies to any alteration of a manufactured dwelling:

(a) The installation or alteration of fuel burning appliances must conform with the federal Manufactured Home Construction and Safety Standards (24 CFR 3280), the Oregon Manufactured Dwelling Installation Specialty Code, and these rules.

(b) Energy conservation standards are not required to be increased to the levels of the state energy code.

(10) Re-roofing must conform to the following:

(a) Existing roofing material and underlayment must be removed prior to installing new roofing material; and

(b) Damaged or defective rafters, trusses, or sheathing must be repaired or replaced before installing new roofing material.

(11) Two or more manufactured dwellings may be joined together to enlarge the total gross floor area of a manufactured dwelling provided:

(a) The joined manufactured dwellings are used only as a single-family dwelling;

(b) Each manufactured dwelling is installed according to the Oregon Manufactured Dwelling Installation Specialty Code;

(d) Fire separation between the joined manufactured dwellings is not required.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.160
Statutes/Other Implemented: ORS 446.003, 446.155, 446.180, 446.225, 446.245 & 468A.460
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10

Or. Admin. R. 918-500-0590 Smoke Alarms

Manufactured dwellings must have approved operating smoke alarms installed and located according to the following:

(1) At the time of initial sale and installation, a new manufactured dwelling must have operating smoke alarms installed complying with the federal Manufactured Home Construction and Safety Standards (24 CFR 3280).

(2) After the initial sale or installation, a manufactured dwelling must have approved operating smoke alarms according to the following:

(a) When a manufactured dwelling is relocated to or within a manufactured dwelling park, mobile home park, or combination park, as required by ORS 90.740;

(b) When a manufactured dwelling is being altered or repaired to the degree that a permit is required;

(d) When a manufactured dwelling is being sold or offered for sale, as required by ORS 479.260(2);

(e) When a manufactured dwelling is being rented, leased, or offered for rent or lease, as required by ORS 479.270;

(f) When a visual inspection is being performed on a manufactured dwelling by the division; and

(g) Prior to an Oregon insignia of compliance being issued by the division.

(3) Unless specified otherwise, smoke alarms must be installed according to the device manufacturer’s instructions and located according to the following:

(a) In the living area remote from the kitchen and cooking appliances;

(b) In each room designated for sleeping;

(d) On each additional level where sleeping areas are located.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.160 & 446.155
Statutes/Other Implemented: ORS 90.740, 446.185, 446.225, 455.412, 479.260 & 479.270
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10

Or. Admin. R. 918-500-7000 Voluntary Ignition-Resistant Construction for Manufactured Dwellings and Self-Certification

OAR 918-500-7000 to 918-500-7030 establishes voluntary standards for the construction of new ignition-resistant manufactured dwellings.

History

Statutory/Other Authority: ORS 446.185
Statutes/Other Implemented: ORS 446.185
BCD 13-2025, adopt filed 12/29/2025, effective 01/01/2026

Or. Admin. R. 918-500-7010 Construction Standards for Voluntary Ignition-Resistant Construction for Manufactured Dwellings

(1) The following standards are recognized in Oregon for manufactured dwellings:

(a) The applicable construction standards of the Oregon Residential Specialty Code Section R327, 2023 edition.

(b) The applicable construction standards for manufactured dwellings and ignition-resistant construction systems under Cal. Code Regs. Title 25, Secs. 4200-4216.

(2) Either standard can be used, but it must be followed in its entirety. Elements of the two standards cannot be combined.

History

Statutory/Other Authority: ORS 446.185 & ORS 446.180
Statutes/Other Implemented: ORS 446.185 & ORS 446.180
BCD 13-2025, adopt filed 12/29/2025, effective 01/01/2026

Or. Admin. R. 918-500-7020 Self-Certification and Label Requirements for Voluntary Ignition-Resistant Construction for Manufactured Dwellings

(1) Either the manufacturer within the manufacturing facility or the contractor installing ignition-resistant construction systems on a manufactured dwelling on site shall complete and affix a self-certification label that is verified by quality assurances procedures in accordance with the manufacturer’s policies, and meets all of the following requirements:

(a) Either printed on paper or scribed, etched or engraved in metal, plastic or of an equivalent material, with lettering at least 10 point font size;

(b) At least 8.5 inches by 11 inches in size;

(c) Affixed on a wall or door surface inside the water heater compartment, within the dropped ceiling cavity, or in another permanent and readily accessible location.

(d) Positioned in a manner that allows a person to easily access and read the label;

(e) Affixed with adhesive or fasteners that discourage the removal of the label;

(f) Covered or laminated in a permanent manner with a material that will protect the label from damage or deterioration without obscuring the information; and

(g) Clearly identifies which construction standards from OAR 918-500-7010 have been used.

(2) A California self-certification label properly installed under Cal. Code Regs. Title 25, Secs. 4200-4216 is recognized as compliant with Section (1) of this rule.

History

Statutory/Other Authority: ORS 446.185 & ORS 446.180
Statutes/Other Implemented: ORS 446.185 & ORS 446.180
BCD 13-2025, adopt filed 12/29/2025, effective 01/01/2026

Or. Admin. R. 918-500-7030 Recognition of California Standards for Voluntary Ignition-Resistant Construction for Manufactured Dwellings

The use of applicable construction standards and self-certification labels for manufactured dwellings and ignition-resistant construction systems under Cal. Code Regs. Title 25, Secs. 4200-4216 shall be accepted under Oregon’s voluntary ignition-resistant construction standards.

History

Statutory/Other Authority: ORS 446.185 & ORS 446.180
Statutes/Other Implemented: ORS 446.185 & ORS 446.180
BCD 13-2025, adopt filed 12/29/2025, effective 01/01/2026

Division 515 MANUFACTURED HOUSING INSTALLER LICENSING AND EDUCATIONAL PROVIDER APPROVAL

Or. Admin. R. 918-515-0005 General

(1) Any person who engages in the business of installing manufactured dwellings, cabanas, skirting, tie-downs, earthquake-resistant bracing systems (ERBs); who directs, supervises or controls installations or performs repairs to an existing installation shall have an appropriate, valid Oregon manufactured dwelling installer’s license issued by the Division.

(2) Persons who have had a license or approval issued by this Division suspended or revoked, may not apply for approval as an educational provider, or a licensed installer, a limited installer or a limited skirting installer within one year of the date of suspension or revocation.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.395
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0010 License Exceptions

(1) Except as otherwise provided in this rule, no individual is required to obtain a license to install a manufactured dwelling, cabana, skirting, tie-downs, or ERBs when the manufactured dwelling or cabana being installed is owned by the same individual or a member of the individual's immediate family, the manufactured dwelling or cabana is not intended for sale, exchange, lease or rent, and the individual makes no more than one such installation within a 12-month period.

(2) Except as otherwise provided in this rule, the owner is not required to obtain a license for maintenance, repair, or correction on a manufactured dwelling or cabana installation.

(3) Except as otherwise provided in this rule, no license is required for the installation of manufactured dwelling accessory buildings or structures such as ramadas, garages, carports, awnings, porches, steps, tool sheds, or storage sheds.

(4) Except as otherwise required by this rule, no person installing additional perimeter blocking under a manufactured dwelling or cabana for the exclusive support of awnings, carports, or roof additions is required to be licensed.

(5) Except as otherwise required by this rule, no license is required for the installation of a manufactured dwelling or cabana when the manufactured dwelling or cabana is installed temporarily on a dealer's, distributor's, or manufacturer's sales or storage lot or at a show and is not occupied or intended to be occupied. This exemption does not include those manufactured dwellings and cabanas installed in manufactured dwelling parks, mobile home parks, or manufactured dwelling subdivisions.

(6) Except as otherwise required by this rule, no license is required for excavating, concrete flat work, drywall, or carpet laying.

(7) Except as otherwise required by this rule, no manufactured dwelling installation license is required for plumbing or electrical work when the person doing the work is an Oregon licensed plumber or electrician respectively.

(8) Except as otherwise required by this rule, no license is required for manufacturers performing maintenance, repairs, or corrections to an installation for the purpose of customer service.

(9) Nothing contained in the exceptions listed in this rule exempt a person from necessary licensure with the Oregon Construction Contractors Board.

(10) The licensing exceptions established by this rule do not exempt the work performed from complying with ORS chapter 446 and the rules and standards adopted thereunder.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.230
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 15-1995, f. 9-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0020 Minimum Requirements of Educational Provider

All manufactured dwelling installation education and continuing education classes used to satisfy the requirements of this rule must be approved by the division. All instructors teaching required manufactured dwelling installation education and continuing education classes must be employees of the division or approved educational providers. To be approved as an educational provider for manufactured dwelling installers, limited installers, limited skirting installers, and installation inspectors, an individual must meet the following requirements:

(1) Have a minimum of 3,200 hours experience in one or more of the following areas:

(a) As a supervisor of manufactured dwelling installations;

(b) As a supervisor of manufactured dwelling service or repair;

(d) In design work related to the building construction industry;

(e) As an Oregon-certified manufactured dwelling installation inspector;

(f) Completion of a two-year educational institution program in a construction-related field that is recognized by the division; or

(g) Any combination of experience or education from subsections (a) through (f) of this section totaling 3,200 hours.

(2) Have successfully completed the following:

(a) Attendance at a division-approved manufactured dwelling and cabana installation education program; and

(b) Received a passing grade of 90 percent on the division-approved examination covering ORS chapter 446, OAR 918, divisions 500 and 515, and the Oregon Manufactured Installation Specialty Code.

(3) The applicant must provide to the division the following:

(a) A copy of a personal photo identification with submittal of any division application;

(b) A completed division application;

(d) A class curriculum for division approval.

(4) Verification of experience must be submitted in the form of signed statements by past or present employers, or other verification acceptable to the division. Verification may not be provided by a member of the applicant’s immediate family, by a live-in companion, or by any person dependent upon the applicant. The division may contact any person to verify experience of an applicant.

(5) Licensed manufactured dwelling installers and certified manufactured dwelling installation inspectors are not required to show evidence of section (4) of this rule.

(6) Personal photo identification is required for admission to all required manufactured dwelling installation examinations.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.395
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 8-2005, f. & cert. ef. 4-1-05
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0030 Course Curriculum Requirements for Educational Provider Training

(1) The course curriculum shall be submitted to the division for approval and shall include a detailed description of course content and materials.

(2) The course curriculum for manufactured dwelling installers, limited installers, and manufactured dwelling installation inspectors must, at a minimum, include the following areas of training:

(a) Definitions, as provided in the Oregon Manufactured Dwelling Installation Specialty Code;

(b) License and registration requirements;

(d) Installer and limited installer qualifications;

(e) Location and stand of manufactured dwellings and cabanas;

(f) Foundation systems;

(g) Structural connections;

(h) Anchoring systems;

(i) Electrical utility, crossover, and fixture connections;

(j) Plumbing utility, crossover, and fixture connections;

(k) Mechanical crossover and appliance connections;

(l) Fuel gas utility, crossover, and appliance connections;

(m) Fire protection and separation;

(n) Underfloor enclosures, access, and ventilation;

(o) Alternate manufactured dwelling uses;

(p) Accessory buildings and structures; and

(q) Alterations, repairs, and additions.

(3) The course curriculum for manufactured dwelling skirting installers must, at a minimum, include the following areas of training:

(a) Definitions, as provided in the Oregon Manufactured Dwelling Installation Specialty Code;

(b) License and registration requirements;

(d) Skirting installer qualifications;

(e) Foundation systems;

(f) Perimeter support;

(g) Anchoring systems;

(h) Underfloor enclosures;

(i) Plumbing and electrical access;

(j) Underfloor vapor retarders;

(k) Underfloor access and ventilation;

(l) Appliance venting;

(m) Carport and awning support;

(n) Attached garages and cabanas;

(o) Home access and egress;

(p) Underfloor fire protection and separation; and

(q) Accessory buildings and structures.

(4) Within 30 days of notification of any change in course curriculum requirements adopted by the division, the provider must submit a revised curriculum to the division for approval.

(5) The provider shall notify the division in writing seven days prior to each class, indicating the time, date, and location of the class. Division or board representatives may be permitted to audit any class, without fee or cost for entry.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.395
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 1-2002, f. 1-28-02, cert. ef. 4-1-02
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0040 Continuing Approval of Education Providers

Educational Providers approved by the Division shall:

(1) Revise and modify course curriculum to include statute, rule and standard changes to meet any additional course requirements established by the Division;

(2) Submit a list of the students in attendance to the Division within ten days of each class provided; and

(3) Attend all continuing education courses required by the Division.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.395
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCA 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0060 Education Provider Scope of Work

Approved Education Providers may:

(1) Provide training and continuing education under the Division approved course curriculum to persons applying for license as a manufactured dwelling and cabana installer, limited installer, limited skirting installer and manufactured dwelling installation inspector; and

(2) Charge fees for conducting training.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.395
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0080 Revocation or Suspension of Provider Approval

Approval as an educational provider may be suspended or revoked for misuse of a Division examination, providing false records or information to the Division, helping or allowing a person to cheat or failure to comply with the requirements of ORS Chapter 446, these rules or any other applicable State laws.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.395
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0110 Requirements for Installer License

(1) To be licensed as a manufactured dwelling installer, an applicant must meet the following minimum experience requirements:

(a) 1,600 hours experience as a manufactured dwelling installer in another state or 1,600 hours experience as an Oregon licensed limited installer or limited skirting installer;

(b) 3,200 hours experience servicing or repairing manufactured dwellings;

(d) 3,200 hours experience as a building construction supervisor;

(e) 1,600 hours experience as an active Oregon certified manufactured dwelling installation inspector;

(f) Completion of a one year college program in a construction related field which is recognized by the board; or

(g) Any combination of experience or education from subsections (a) through (f) of this section totaling 3,200 hours.

(2) In addition to the requirements in section (1) of this rule, applicants must have:

(a) Attended a division-approved manufactured dwelling installation education program; and

(b) Received a passing grade of 75 percent on the division approved examination.

(3) Verification of experience must be submitted in the form of signed statements by past or present employers. Verification may not be provided by a member of the applicant's immediate family, by a live-in companion, or by any person dependent upon the applicant. The division may contact any person to verify experience of an applicant.

(4) In addition to the completed application form and application fee, an applicant must provide personal photo identification for admission to all required manufactured dwelling examinations and with submittal of the division’s license application.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.395
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 8-2005, f. & cert. ef. 4-1-05
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0150 Manufactured Dwelling Installer License Requirements

(1) An installer must:

(a) Work for a business with a valid Construction Contractors Board license; or

(b) The installer is a business with a valid Construction Contractors Board license.

(2) Work covered by an installer’s license is limited to:

(a) Preparing the site and stand for the installation of the manufactured dwelling or cabana;

(b) Installing manufactured dwellings, cabanas, skirting, underfloor vapor retarder, ventilation, access, and temporary steps;

(d) Providing setbacks, clearances, and fire life and safety protection;

(e) Providing plumbing and electrical utility connections;

(f) Providing plumbing, electrical, and mechanical crossover, appliance, and fixture connections of and to the manufactured dwelling or cabana as permitted by these rules;

(g) Install appliance exhaust ducts and terminations when required;

(h) Performing plumbing, mechanical, and electrical tests when required; and

(i) Serving as the supervisor of individuals licensed by the division as limited installers.

(3) An installer must, at a minimum:

(a) Assure the manufactured dwelling or cabana stand is in compliance with the Oregon Manufactured Dwelling Installation Specialty Code prior to the installation of the manufactured dwelling or cabana;

(b) Assure all setbacks, clearances, and fire life and safety installations are in compliance with the Oregon Manufactured Dwelling Installation Specialty Code;

(c) Perform electrical and plumbing tests if the respective plumbing and electrical connections were made by the installer;

(d) Close and secure all access panels and covers on or under the manufactured dwelling or cabana;

(e) Assure the underfloor dryer and range exhaust ducts are roughed in if the manufactured dwelling is equipped with or provides for the installation of such an appliance requiring exhaust ducts;

(f) Assure that all doors and windows are adjusted, secured in place, and operational;

(g) Assure all ship-loose flue vents and chimneys are installed, secured in place, and capped according to their listing;

(h) Where the installer also installs the skirting, comply with OAR 918-515-0490(1);

(i) Affix a certification tag to each manufactured dwelling or cabana installed;

(j) Complete all reporting and application forms required by these rules; and

(k) Leave the manufacturer’s installation instructions at the installation site to be available at the time of the inspection if used for any part of the installation;

(l) Assure all portions of the manufactured dwelling installation performed by the installer are in compliance with the Oregon Manufactured Dwelling Installation Specialty Code ; and

(m) Correct all applicable nonconformances within 30 days of receipt of a correction notice .

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.395
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 1-2002, f. 1-28-02, cert. ef. 4-1-02
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0300 Manufactured Dwelling Installer License Responsibilities and Limits

(1) Licensed manufactured dwelling installers and limited skirting installers installing manufactured dwellings, cabanas, tie-downs, ERB's, and skirting shall affix a division-issued certification tag to the manufactured dwelling, cabana, or skirting upon completion of the installation, and prior to inspection .

(2) Certification tags may be purchased in bulk by licensed installers, manufactured dwelling dealers, and limited skirting installers. An application to purchase certification tags must be submitted to the division in duplicate and accompanied by the appropriate tag fee.

(3) Only licensed installers and licensed limited skirting installers may be assigned certification tags by the dealer or division. Certification tags may only be affixed by licensed installers and licensed limited skirting installers upon completion of the installation.

(4) The person purchasing certification tags from the division is responsible for their security, use, and reporting.

(5) The division may sell a maximum two-month supply of certification tags to a manufactured dwelling dealer based on monthly installations and certification tag reports submitted to the division.

(6) The division or a manufactured dwelling dealer may issue a maximum of 30 certification tags to an installer at one time and a maximum of 30 certification tags to a limited skirting installer at one time.

(7) Certification tags assigned to licensed installers and limited skirting installers can only be transferred by the division.

(8) If an installer or limited skirting installer license is suspended, revoked, or expires, all unused certification tags assigned to that person must be returned to the division.

(9) If a manufactured dwelling dealer is no longer in business or changes ownership, all unused certification tags assigned to the original dealer must be returned to the division.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.240
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 12-2008, f. 6-30-08, cert. ef. 7-1-08
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0310 Certification Tag Installation

Certification tags shall be affixed to the manufactured dwelling, cabana or skirting in a permanent manner and shall be located:

(1) On a cabana: In a visible location on an exterior wall;

(2) On a manufactured dwelling: In a visible location on the exterior wall at the rear end of the manufactured dwelling and near the insignia or HUD label; and

(3) On skirting: In a visible location near the utility connections.

History

Statutory/Other Authority: ORS 183.325 - 410, 446.400, 446.405, 455.010 - 130 & 455.610
Statutes/Other Implemented: ORS 446.395
BCD 1-2002, f. 1-28-02, cert. ef. 4-1-02
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 123-15-95, cert. ef. 1-1-96
BCD 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0330 Denial of Certification Tags

The division may deny any request for certification tags when:

(1) An inspection reveals that a manufactured dwelling, cabana, skirting, tie-down, or ERB installation is not installed according to the Oregon Manufactured Dwelling Installation Specialty Code, and no corrective action is taken by the installer as required by OAR 918-515-0150(2)(m);

(2) An installer’s license or limited skirting installer’s license has expired, or been suspended or revoked;

(3) There is evidence of certification tag misuse as described in these rules;

(4) An installer, limited skirting installer, or manufactured dwelling dealer has failed to report the use of installer certification tags within 60 days of their use; or

(5) An installer, limited skirting installer, or manufactured dwelling dealer has a supply of unused and unreported certification tags exceeding the quantities allowed in OAR 918-515-0300(5) and (6).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.395
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0340 Monthly Certification Tag Report

(1) A manufactured dwelling dealer, licensed installer or limited skirting installer who has purchased certification tags directly from the Division shall submit a certification tag report to the Division on the last day of each month and prior to requesting additional certification tags.

(2) A certification tag report need not be filed for those months in which no installations were made and no certification tags were used.

(3) Licensed installers and limited skirting installers who receive certification tags from a manufactured dwelling dealer are not required to submit certification tag reports. Dealers who order certification tags from the Division shall fill out a separate certification tag report for each installer for which certification tags were issued and used.

(4) Certification tag reports shall contain the following information for each individual installation:

(a) The certification tag number;

(b) The city and county installation location;

(d) The name of the manufactured dwelling manufacturer;

(e) The manufactured dwelling serial number;

(f) The type of structure: Single-wide, double-wide; triple-wide, multi-wide or two-story;

(g) The dealer’s name;

(h) Installer’s name and license number; and

(i) Any other information the Division deems necessary.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.240
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0350 Issuance and Possession of License

(1) A manufactured dwelling installer license, limited installer license, temporary limited installer license, and limited skirting installer license are issued to the individual named on the application and is not transferable.

(2) The licensee must physically possess the license and one photo identification when at a job site.

(3) The licensee must provide satisfactory evidence of being licensed when requested to by the division or municipality.

(4) The licensee must notify the division in writing within 30 days of any address change.

History

Statutory/Other Authority: ORS 446.400 & 446.405
Statutes/Other Implemented: ORS 446.400 & 446.405
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-25-95, cert. ef. 1-1-96

Or. Admin. R. 918-515-0360 License Renewal

(1) Licenses issued under ORS chapter 446 and 918-515-0480 expire on January 1 of the second year following issuance.

(2) An application for renewal of a current license must provide:

(a) Evidence of continuing education credits; and

(b) The required renewal fees as set forth in OAR 918-500-0100.

(3) 45 days prior to license expiration, the division mails each licensee a license renewal application.

(4) A license renewal application must be submitted to the division prior to the expiration date of the license. Persons wishing to apply for a license after their license has expired must reapply for a new license and meet all requirements of a new applicant. The division is not responsible for notification if the licensee has changed addresses without notifying the division within 30 days of the address change.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.400 & 446.405
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96, Renumbered from 918-515-0130
BCA 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0370 License Suspension and Revocation

(1) The director may suspend or revoke a manufactured dwelling installer license, limited installer license, or limited skirting installer license issued by the division.

(2) The basis for such suspension or revocation of a license may include violations to applicable statutes, rules, standards, or the following:

(a) Failure to submit required reports and applications on time to the division;

(b) Failure to provide direct supervision of limited installers;

(d) Hiring unlicensed persons to perform installation work;

(e) Allowing installation work to be conducted on a site where no manufactured dwelling installation permits have been issued;

(f) Failure to affix certification tags upon completion of the installation, if required;

(g) Failure to complete corrective action when required by the division or municipality;

(h) Failure to complete required continuing education classes; and

(i) Failure to renew the license prior to expiration.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.400
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96

Or. Admin. R. 918-515-0380 Continuing Education Requirements

(1) Licensed installers, limited installers and limited skirting installers shall attend Division-approved continuing education classes.

(2) Continuing education classes shall only be provided by the Division or a Division-approved provider and shall be conducted for statute, code, rule or standard changes and at other times as determined to be necessary by the Board.

(3) Prior to the end of the license period, licensees will be notified by the Division of continuing education requirements and class availability.

(4) The Division shall not renew licenses of licensees who did not attend required continuing education classes.

(5) If a licensee has failed to attend the required continuing education classes, the licensee may attend the current Division-approved installation education program prior to the expiration of the license.

History

Statutory/Other Authority: ORS 446.400 & 446.405
Statutes/Other Implemented: ORS 446.400 & 446.405
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96

Or. Admin. R. 918-515-0400 Limited Installer License Minimum Requirements

To be licensed as a manufactured dwelling limited installer, an applicant shall:

(1) Provide personal identification;

(2) Submit to the Division a completed application, together with the required fees; and

(3) Attend a Division-approved manufactured dwelling installation education program.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.395
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCD 2-1994, f. 1-14-94, cert. ef. 2-1-94
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0415 Temporary Limited Installer License

A temporary limited installer license allows persons to perform all of the work performed by a limited installer, subject to the following conditions:

(1) The temporary license shall be valid for a period of 60 days and all work performed under this license shall be under the direct supervision of a licensed installer;

(2) An employer may purchase pre-numbered blank temporary installer license packets which include an application form and blank license, and when the application is completed may issue the temporary license to their employee. The licensee shall be in the personal possession of the license at all times that the person is working as a temporary installer; and

(3) Each temporary license application form shall be completed, dated, and signed by the applicant on the first day of work by the person to whom the license is issued. The application shall be removed from the packet and mailed to the Division within 24 hours of the day the licensee signs the application.

History

Statutory/Other Authority: ORS 446.176, 446.400 & 446.405
Statutes/Other Implemented: ORS 446.400 & 446.405
BCD 8-2005, f. & cert. ef. 4-1-05
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96

Or. Admin. R. 918-515-0430 Limited Installer Scope of Work

A licensed limited installer may:

(1) Assist a licensed installer in the installation of a manufactured dwelling or cabana when under the direct supervision of licensed installer; or

(2) Assist a licensed limited skirting installer in the installation of manufactured dwelling or cabana skirting or any of the work described in OAR 918-515-0485(1) when under the direct supervision of a licensed limited skirting installer.

History

Statutory/Other Authority: ORS 183.325 - 410, 446.230, 446.240, 455.010 - 130 & 455.610
Statutes/Other Implemented: ORS 446.395
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92
BCA 1-1990, f. & cert. ef. 1-2-90

Or. Admin. R. 918-515-0480 Limited Skirting Installer License Requirements

To be licensed as a limited skirting installer, an applicant must:

(1) Provide personal identification;

(2) Submit a completed application, together with the fee required in OAR 918-500-0100; and

(3) Attend a division-approved manufactured dwelling installation education program.

History

Statutory/Other Authority: ORS 183.325 - 410, 446.400, 446.405, 455.130 & 455.610
Statutes/Other Implemented: ORS 446.400 & 446.405
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96

Or. Admin. R. 918-515-0485 Limited Skirting Installer Responsibilities and Limits

(1) A limited skirting installer must:

(a) Work for a business with a valid Construction Contractors Board License; or

(b) Be a business with a valid Construction Contractors Board license.

(2) Work covered by a limited skirting installers license is limited to:

(a) Installation of manufactured dwelling and cabana skirting, temporary steps, underfloor vapor retarder, ventilation, tie-downs, perimeter foundation supports, appliance exhaust terminations, and underfloor skirting access;

(b) Affixing a certification tag to the manufactured dwelling or cabana skirting;

(d) Serving as the supervisor of individuals licensed by the division as limited installers; and

(e) Any work described in OAR 918-515-0150 when under the direct supervision of a licensed installer.

History

Statutory/Other Authority: ORS 183.325 - 410, 446.400, 446.405, 455.130 & 455.610
Statutes/Other Implemented: ORS 446.400 & 446.405
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96

Or. Admin. R. 918-515-0490 Limited Skirting Installer Responsibilities to Consumer

A limited skirting installer must, at a minimum:

(1) Install the skirting, underfloor skirting access, underfloor ventilation, and underfloor dryer and range exhaust ducts and terminations through the skirting when required;

(2) Ensure all work performed is in compliance with the Oregon Manufactured Dwelling Installation Specialty Code;

(3) Affix a certification tag to each manufactured dwelling or cabana on which skirting has been installed.

(4) Complete all reporting and application forms required by OAR 918-515-0300, 918-515-0340, and 918-515-0360.

(5) Notify the division or municipality upon completion of the installation work; and

(6) Correct all nonconforming skirting installations within 30 days of receipt of a correction notice from the division or municipality.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183.325 - 410, 446.400, 446.405, 455.130 & 455.610
Statutes/Other Implemented: ORS 446.400 & 446.405
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 22-1998, f. 11-9-98, cert. ef. 1-1-99
BCD 1-1997, f. 2-24-97, cert. ef. 4-1-97
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96

Division 550 MANUFACTURED STRUCTURES OWNERSHIP DOCUMENT REQUIREMENTS

Or. Admin. R. 918-550-0000 Purpose and Scope

(1) OAR 918-550-0000 through 918-550-0600 establish requirements and procedures to obtain an ownership document for a manufactured structure, or to obtain an ownership document for a manufactured structure that previously did not require a title or ownership document under ORS 820.510, or 446.626 after May 1, 2005.

(2) These rules also describe the requirements for issuing a manufactured structure trip permit for the movement of a manufactured structure from one site to another.

(3) Nothing in these rules shall change any rights and liabilities of the various parties governed by the Uniform Commercial Code, ORS Chapter 79, and any applicable Oregon tax laws.

(4) These rules are intended to repeal all Department of Motor Vehicle rules, located in OAR chapter 735, to the extent that they apply to the titling and registration of manufactured structures and manufactured structure trip permits.

History

Statutory/Other Authority: ORS 446.571, 446.631 & 446.646
Statutes/Other Implemented: ORS 446.566, 446.571, 446.576, 446.621, 446.631 & 446.636
BCD 8-2017, f. 7-28-17, cert. ef. 7-31-17
BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17
BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05

Or. Admin. R. 918-550-0010 Definitions

For the purposes of this division of rules, the following definitions apply, unless the context requires otherwise:

(1) “Division” means the appropriate division within the Department of Consumer and Business Services, Building Codes Division, or the county who is acting on behalf of the department.

(2) “Land leaseholder” means the holder of a recorded leasehold estate of 20 years or more, if the lease specifically permits the owner of the manufactured structure to obtain an exemption under ORS 820.510(b).

(3) “Legal description of the manufactured structure” means the model year, make, width, length and vehicle identification number (VIN).

(4) “Owner” when referring to the owner of a manufactured structure does not include a security interest holder or lessee, unless the owner of the manufactured structure is a land leaseholder.

(5) “Ownership document” means a document reflecting the status of a manufactured structure as reported to the division, with respect to ownership, relevant security interests, and other information required by ORS 446.566.

(6) “Release” means the written or electronic relinquishment, concession, or giving up of right, claim or interest in a manufactured structure.

(7) “Security interest holder” means a person who holds an interest in property that secures payment or performance of an obligation pursuant to a security agreement.

(8) “Tax certification form” means a county issued form which contains at a minimum, an expiration date, certification of tax status, and an authorized county official signature. A valid, signed tax certification form is considered county notification.

History

Statutory/Other Authority: ORS 446.646
Statutes/Other Implemented: ORS 446.646
BCD 8-2017, f. 7-28-17, cert. ef. 7-31-17
BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17
BCD 12-2008, f. 6-30-08, cert. ef. 7-1-08
BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05

Or. Admin. R. 918-550-0020 Agents of the Department

(1) No county may carry out functions under ORS 446.566 to 446.646 related to manufactured structure ownership documents and trip permits unless it has entered into and maintained participation in an agent agreement with and approved by the division.

(2) Refusal by a county to enter into or maintain participation in an agent agreement with and approved by the division is a refusal to accept all applications submitted to that county under ORS 446.571(1)(b)(C).

(3) Refusal by a county that has entered into and maintained participation in an agent agreement with and approved by the division to perform a duty under ORS 446.566 to 446.646, related to manufactured structure ownership documents and trip permits, is refusal to accept all applications submitted to that county under ORS 446.571(1)(b)(C).

History

Statutory/Other Authority: ORS 446.646
Statutes/Other Implemented: ORS 446.646 & 446.574
BCD 8-2017, f. 7-28-17, cert. ef. 7-31-17
BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

Or. Admin. R. 918-550-0030 Division Approved Forms

(1) The following forms are approved by the division for use with the Manufactured Home Ownership Document Software system:

(a) Abandonment Affidavit for Manufactured Homes, form 2951;

(b) Affidavit to Establish Ownership of a Manufactured Structure, form 2947;

(d) Affidavit of Transfer of Interest by Inheritance without Probate, form 2946;

(e) Affidavit of Transfer of Interest by Probate or Small Estate, form 5177;

(f) Application to Remove Manufactured Home from County Deed Records, form 5175;

(g) Application for Recording Manufactured Home as Real Property, form 5176;

(h) Manufactured Home Affidavit of Repossession, form 3926;

(i) Manufactured Home Ownership Document Application for New and Used Homes, form 2952;

(j) Manufactured Structure Security Interest Change, form 2948;

(k) Request for Confidential Address Protection, form 3490; and

(L) County tax certification forms.

(2) No state or county office providing services under ORS 446.561 through 446.646 may require the use of any form not listed in this rule for the purposes of issuing an ownership document.

History

Statutory/Other Authority: ORS 446.646
Statutes/Other Implemented: ORS 446.646
BCD 8-2017, f. 7-28-17, cert. ef. 7-31-17
BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

Or. Admin. R. 918-550-0040 Transaction Requirements

(1) To be processed and completed, a transaction must have all required forms and attachments completed, including a county tax certification form, and all fees paid in full.

(2) To provide for uniform administration and customer interaction with the Manufactured Home Ownership Document Software system, the division has developed the 2024 Manufactured Home Ownership Document Transaction Guide.

(3) Transactions covered in the 2024 Manufactured Home Ownership Document Transaction Guide shall be processed and completed if all the forms and attachments listed in the guide have been completed in full and all applicable fees have been paid in full.

History

Statutory/Other Authority: ORS 446.646
Statutes/Other Implemented: ORS 446.646
BCD 2-2024, amend filed 03/28/2024, effective 04/01/2024
BCD 8-2017, f. 7-28-17, cert. ef. 7-31-17
BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

Or. Admin. R. 918-550-0100 Ownership Document Requirements

(1) Except as provided in ORS 446.626, all owned manufactured structures in the State of Oregon must be registered or titled with DMV, or be issued an ownership document by the division after May 1, 2005.

(2) All applications for ownership documents must be made on valid division approved forms and must be accompanied by a tax certification form.

(3) The county tax certification form submitted pursuant to (2) must be signed by an authorized representative of the appropriate county.

(4) The county tax certification form submitted pursuant to (2) is only valid until the expiration date indicated on the form.

History

Statutory/Other Authority: ORS 446.571, 446.621 & 446.646
Statutes/Other Implemented: ORS 446.571 & 446.621
BCD 8-2017, f. 7-28-17, cert. ef. 7-31-17
BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17
BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05

Or. Admin. R. 918-550-0120 Sale of a Used Manufactured Structure

If a purchaser submits a division approved notice of sale under ORS 446.641(8), the purchaser must include one or more of the following as acceptable proof of sale:

(1) A bill of sale from the current owner of record on the division's ownership document; or

(2) A Department of Transportation certificate of title to the structure that has a release of ownership signed by the owner.

History

Statutory/Other Authority: ORS 446.641 & 446.646
Statutes/Other Implemented: ORS 446.641
BCD 8-2017, f. 7-28-17, cert. ef. 7-31-17
BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17
BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05

Or. Admin. R. 918-550-0140 Notice of Transfer of Interest in Manufactured Structure

(1) A person who releases, terminates, assigns or otherwise transfers an interest in a manufactured structure, shall within 30 days of the transfer, submit a completed and notarized copy of the division approved form to record the release, termination, assignment or other transfer of the interest in the manufactured structure.

(2) The division approved form submitted pursuant to (1) must be accompanied by a county tax certification form.

(3) The county tax certification form submitted pursuant to (2) must be signed by an authorized representative of the appropriate county.

(4) The county tax certification form submitted pursuant to (2) is only valid until the expiration date indicated on the form.

(5) Signing the division approved form serves as an acknowledgment of the release of the interest by the transferor.

History

Statutory/Other Authority: ORS 446.616 & 446.646
Statutes/Other Implemented: ORS 446.616
BCD 8-2017, f. 7-28-17, cert. ef. 7-31-17
BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17
BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05

Or. Admin. R. 918-550-0200 Abandoned Manufactured Structures

(1) If a landlord complies with the notice requirements of ORS 90.425 or 90.675 such that a manufactured structure is presumed abandoned, the landlord may apply for an ownership document by submitting a completed division approved application form and a division approved abandonment affidavit.

(2) If the holder of a possessory lien on a manufactured structure forecloses the lien, the holder may apply for an ownership document by submitting a completed division approved application form and division approved certification of the possessory lien foreclosure.

History

Statutory/Other Authority: ORS 446.581 & 446.646
Statutes/Other Implemented: ORS 446.571 & 446.581
BCD 8-2017, f. 7-28-17, cert. ef. 7-31-17
BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17
BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05

Or. Admin. R. 918-550-0600 Trip Permit Requirements

(1) A trip permit is required to move a manufactured structure from one location to another unless exempted under ORS 446.631 & 446.646. A person desiring a trip permit to move a manufactured structure shall submit a completed division approved form and a county tax certification form to the division.

(2) The county tax certification form submitted pursuant to (1) must be signed by an authorized representative of the appropriate county.

(3) The county tax certification form submitted pursuant to (1) is only valid until the expiration date indicated on the form.

(4) The expiration date for a trip permit is either the same date as indicated on the county tax certification form or 30 days after issuance of the trip permit, whichever is sooner.

(5) In the case of a multiple-unit-manufactured structure, a trip permit is required for each unit. The manufactured structure trip permit fee, as provided in ORS 446.631 & 446.646 is required for each permit issued.

(6) An issued trip permit is valid for a single move from one situs to another as indicated on the permit, and only until the expiration date as determined by subsection (4).

(7) A trip permit is valid for the owner of the structure and transporter listed on the permit.

(8) A permit may not be transferred to any person or a different manufactured structure.

(9) A trip permit issued by the division is not required to move a new manufactured structure to a destination outside of Oregon. However, a trip permit is required if a manufactured structure is being moved out of state, if the structure currently has an ownership document, or is exempt under ORS 446.

History

Statutory/Other Authority: ORS 446.631
Statutes/Other Implemented: ORS 446.631, 446.636 & 446.646
BCD 8-2017, f. 7-28-17, cert. ef. 7-31-17
BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17
BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05

Division 600 MANUFACTURED DWELLING PARKS AND MOBILE HOME PARKS

Or. Admin. R. 918-600-0005 Definitions

The following definitions shall apply to OAR 918, division 600 and are in addition to those definitions included in ORS Chapters 446 and 455:

(1) “Administrator” means the Administrator of the Building Code Division.

(2) “Authority Having Jurisdiction” means the Building Codes Division or local government which administers the manufactured dwelling or mobile home park program.

(3) “Building” means any permanent park structure such as washrooms, office building, recreation building and similar structures, owned by the park for the common use of all the tenants.

EXCEPTION: “Building” does not mean manufactured dwellings, recreational vehicles, manufactured dwelling accessory structures, awnings, cabanas, carports, and ramadas as defined in ORS 446.003 and other structures common to the tenant’s lot such as greenhouses and storage sheds.

(4) “Park Electrical Wiring System” means all of the electrical wiring, fixtures, equipment, and appurtenances related to electrical installations within a mobile home or manufactured dwelling park, including the manufactured dwelling service equipment.

(5) “Park Street” or “Driveways” means a private way which affords principal means of access to abutting individual manufactured dwelling lots and auxiliary buildings.

(6) “Stand” means that area of the manufactured dwelling site which has been reserved for the placement of a manufactured dwelling or accessory structure.

History

Statutory/Other Authority: ORS 446.003
Statutes/Other Implemented: ORS 446.062
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
DC 12-1982, f. 3-17-82, cert. ef. 3-18-82, Renumbered from 814-028-0020
DC 3-1979, f. 1-5-79, cert. ef. 2-1-79
DC 66-1976, f. & cert. ef. 1-20-76

Or. Admin. R. 918-600-0010 Scope

These rules and the Oregon Manufactured Dwelling and Park Specialty Code, 2002 Edition, including amendments adopted effective April 1, 2005 establish minimum safety standards for the design and construction of mobile home and manufactured dwelling parks in accordance with ORS chapter 446.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 446.095 & 446.100
Statutes/Other Implemented: ORS 446.062
BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10
BCD 1-2002, f. 1-28-02, cert. ef. 4-1-02
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
DC 12-1982, f. 3-17-82, cert. ef. 3-18-82, Renumbered from 814-028-0010
DC 3-1979, f. 1-5-79, cert. ef. 2-1-79
DC 66-1976, f. & cert. ef. 1-20-76

Or. Admin. R. 918-600-0020 Permit Required

No person, firm or corporation shall establish, construct, enlarge, or alter any mobile home or manufactured dwelling park or cause the same to be done without first obtaining all required permits from issuing authority and paying the prescribed permit fee.

History

Statutory/Other Authority: ORS 446.062
Statutes/Other Implemented: ORS 446.062
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
DC 12-1982, f. 3-17-82, cert. ef. 3-18-82, Renumbered from 814-028-0030
DC 3-1979, f. 1-5-79, cert. ef. 2-1-79
DC 66, f. & cert. ef. 1-20-76

Or. Admin. R. 918-600-0030 Fees — Expiration — Validity

(1) Construction Permit Fee. The construction permit fee shall be as set forth in sections (5) and (6) of this rule or as established by the municipality administering the manufactured dwelling or mobile home park program and shall be paid to the authority having jurisdiction prior to beginning construction. Valuation of construction cost is to be determined by the authority having jurisdiction.

NOTE: The construction permit does not include building permits, manufactured dwelling installation permits, electrical permits, or plumbing permits.

(2) Return of Plans. The authority having jurisdiction should, within 30 working days from the date of submission of a complete set of plans, approve or return the plans with noted modifications to the applicant.

(3) Plans Review Fee. The plan review fee shall be 65 percent of the permit fee and shall be paid to the authority having jurisdiction at the time of submitting plans and specifications for review.

(4) Expiration and Validity of Plans and Permits:

(a) Expiration of plan approval shall be one year after the date of approval if no construction permit is issued. The authority having jurisdiction may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new review fee;

(b) Expiration of Construction Permits. Construction permits issued by the authority having jurisdiction under the provisions of these rules shall expire if the construction authorized by such permit is not commenced within 180 days from the date of such permit, or if the construction authorized by such permit is suspended for a period of 180 days, or abandoned at any time after the work is commenced. Before such construction can be recommenced, a new permit shall be first obtained to do so and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such permitted work and provided, further, that the duration of the suspension of work or abandonment has not exceeded one year;

(c) Validity. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of these rules. The issuance of a permit based upon plans and specifications shall not prevent the issuing agency from thereafter requiring the correction of errors in said plans or construction;

(d) Suspension or Revocation. The authority having jurisdiction may, in writing, suspend or revoke a permit issued under provisions of these administrative rules whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any provisions of these administrative rules.

(5) Area Development Fee. The area development fee shall be determined from Table 1-MD using the valuation for all facilities for which the permit is issued. The fees in Table 1-MD shall be based on valuation Table 2-MD or be determined by the applicant with documentation acceptable to the authority having jurisdiction. Permit fees shall be paid to the authority having jurisdiction before any work begins.

NOTE: The Area Development Permit does not include permits or related fees for buildings, manufactured dwelling installations, accessory buildings or structures, mechanical, plumbing or electrical systems; boilers, elevators, or permits required by other agencies.

(6) Other Inspection Fees:

(a) Inspections outside of normal business hours (Minimum charge — two hours), $50/hr;

(b) Reinspection fee, $50/ea;

(d) Additional plan review required by changes, additions or revisions to approved plans (Minimum charge — one-half hour), $50/hr;

(e) Consultation Fee (Minimum charge — one hour) $30/hr;

(f) A special inspection is required and a special inspection fee shall be paid before a permit may be issued for work started without a permit. The special inspection fee shall be equal to and in addition to the amount of the permit fee required by these rules;

(g) In addition to the called-for inspections, the authority having jurisdiction may make or require additional inspections to ensure compliance with the provisions or the code and laws;

(h) A reinspection fee may be assessed for each inspection or reinspection when the work for which an inspection is called is not completed or when required corrections are not made.

[Publications: Publications referenced are available from the agency.]

[NOTE: Tables referenced are not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 446.160
Statutes/Other Implemented: ORS 446.160
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 12-2008, f. 6-30-08, cert. ef. 7-1-08
BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96
BCA 35-1991, f. 10-23-91, cert. ef. 10-31-91
BCA 15-1991(Temp), f. 6-7-91, cert. ef. 7-1-91
DC 11-1983, f. & ef. 5-5-83, Renumbered from 814-028-0040
DC 12-1982, f. 3-17-82, ef. 3-18-82
DC 13-1981, f. 10-30-81, ef. 11-1-81
DC 3-1979, f. 1-5-79, cert. ef. 2-1-79
DC 66-1976, f. & cert. ef. 1-20-76

Division 650 RECREATION PARKS AND ORGANIZATIONAL CAMPS

Or. Admin. R. 918-650-0000 Reasonable Notice to Interested Parties

Prior to the adoption, amendment or repeal of any rule relating to the minimum safety standards for the design and construction of recreational parks and organizational camps as authorized in ORS 455.680, the Building Codes Division must give notice of the proposed action:

(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21days prior to the effective date.

(2) By notifying persons and organizations on the interested parties mailing list established under ORS 183.335(8) and OAR 918-001-0210.

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 183.335
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0000

Or. Admin. R. 918-650-0005 Definitions

As used in OAR 918-650-0000 to 918-650-0085, unless the context requires otherwise, the following definitions apply:

(1) “Alteration” means any change, addition or modification of roads, streets, spaces or construction, but does not include normal maintenance or replacement in kind.

(2) “Approved” means accepted in writing by the Division or its designee.

(3) “Area” means the land within the property or boundary lines of a recreation park or organizational camp.

(4) “Building” is any structure used or intended for supporting or sheltering any use or occupancy regulated by the State Building Code as defined in ORS 455.010.

(5) “Campground.” See Recreation Parks.

(6) “Combination Park” means a park which includes facilities for two or more types of recreation parks or a combination of a recreation park, organizational camp or mobile home park facility.

(7) “Construction” means work regulated by the State Building Code as defined in ORS 455.010.

(8) “Facilities” means the permanent work, such as but not limited to, streets, roads, embankments, space, refuse collection stands, fire pit enclosures, fire protection equipment etc., but does not include buildings and structures, and electrical and plumbing installations.

(9) “Hostel” means any establishment as defined in ORS 446.310.

(10) “Organizational Camp” as defined in ORS 446.310 means any area designated by the person establishing, operating, managing or maintaining the same as being for recreational use by groups or organizations. Organizational camp includes, but is not limited to, youth camps, scout camps, summer camps, day camps, nature camps, survival camps, athletic camps or camps operated and maintained under the guidance, supervision or auspices of religious, public and private educational systems and community service organizations.

(11) “Picnic Park.” See Recreation Park.

(12) “Recreation Park” as defined in ORS 446.310 means an area designated by the person establishing, operating, managing or maintaining the same as being for picnicking or overnight camping by the general public or any segment of the public. Recreation park includes, but is not limited to, areas open to use free of charge or through payment of a tax or fee or by virtue of rental, lease, license, membership, association or common ownership. Recreation park includes, but is not limited to, areas divided into two or more lots, parcels, units or other interests for purposes of such use. As further defined in these rules, a recreation park includes, but is not limited to, a “campground,” a “picnic park,” or a “recreational vehicle park”:

(a) “Campground” means a recreation park which provides facilities and space for tents, tent vehicles, or camping vehicles;

(b) “Picnic Park” means a recreation park which is for day use only and provides no recreational vehicle or overnight camping spaces;

(c) “Recreational Vehicle Park” means a plot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreational or vacation purposes.

(13) Registered Design Professional. An individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the State of Oregon.

(14) “Solid Waste” means decomposable or nondecomposable waste including but not limited to garbage, rubbish, refuse, ashes, waste paper and cardboard.

(15) “Space” means that portion of a park reserved for the location of a recreation vehicle, tent, tent vehicle or camping vehicle.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 16-2019, amend filed 12/12/2019, effective 01/01/2020
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0060

Or. Admin. R. 918-650-0010 Scope and Purpose

(1) OAR chapter 918, division 650 establishes minimum safety standards for the design and construction of recreation parks and organizational camps as authorized in ORS 455.680.

(2) These rules establish design and construction requirements for recreation parks and organizational camps for the purpose of protecting the life, health, safety and welfare of persons using these facilities.

EXCEPTIONS:

1- These rules do not apply to parking areas offering access to beaches, marinas, boat ramps, piers, ski areas, rivers, trails and similar facilities, where no recreational vehicle utility connections are provided.

2- The area development permit does not include permits or related fees for buildings, mobile home setups, mechanical, plumbing or electrical systems, boiler, or elevators, or permits required by other agencies.

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0050

Or. Admin. R. 918-650-0020 Permit Required

No person may establish or enlarge the facilities of any recreation park or organizational camp or do any construction within the recreation park or organizational camp or cause the same to be done without first obtaining all required permits from the building official and paying the prescribed permit fees. Multiple permits may be required when the proposed work involves two or more code areas (i.e., structural, electrical, plumbing, or mechanical).

EXCEPTION: Applications for permits, submission of plans and payment of fees are not required for additions, alterations, relocation and maintenance of picnic tables, play equipment, fire pits and similar facilities in existing parks.

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0065

Or. Admin. R. 918-650-0025 Coordinating Regulation

Permit Issuance:

(1) The application, plans, specifications, computations and other data filed by an applicant must be reviewed by the building official. Such plans may be reviewed by other departments or agencies to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in the application for a permit and the plans, specifications and other data filed conform to the requirements of these rules and other pertinent laws and ordinances, and that the fees have been paid, the building official must issue a permit to the applicant. Regulations that also apply to recreation parks and organizational camps are:

(a) Land Use. Land use must comply with the regulations of the unit of government which has planning authority over the proposed construction site;

(b) Flood Zones. Buildings or areas used within a flood zone must be approved by the agency having jurisdiction prior to the issuance of permits;

(c) Water Supply. Water supply systems must comply with regulations under the Department of Human Services Oregon Health Authority;

(d) Sewage Disposal. Sewage treatment and disposal facilities, including, but not limited to, on-site facilities, solid waste container wash-down facilities, gray water waste disposal systems, pit privies, vaults and chemical toilets, must comply with regulations under the Oregon Department of Environmental Quality;

(e) Solid Waste Disposal. Solid waste disposal must comply with regulations under the Department of Human Services Oregon Health Authority and such waste must be disposed of in a manner that complies with regulations under the Oregon Department of Environmental Quality;

(f) Eating and Drinking Establishments. Eating and drinking establishments must comply with regulations under the Department of Human Services Oregon Health Authority;

(g) Ice Machines. Ice machines must comply with regulations under the Oregon State Department of Agriculture;

(h) State Building Code. Buildings and structures must comply with the State Building Code and where applicable to rules adopted thereunder;

(i) Highway, Street and Driveway Permits. Access must comply with the regulations of the city, county or State Highway Division having jurisdiction over access to the public roads;

(j) Fire Protection. Fire protection facilities must comply with the requirements of the appropriate jurisdiction’s fire protection regulations;

(k) Liquefied Petroleum Gas (LPG). Liquefied petroleum gas installations must comply with the regulations of the Oregon State Fire Marshal;

(l) Swimming Pools and Spas. Swimming Pools and spas must comply with regulations under the Department of Human Services Oregon Health Authority;

(m) Hostels. Hostels must comply with the Oregon State Building Code and with regulations under the Department of Human Services Oregon Health Authority;

(n) Engineers/Architects Design. When required, park and camp designs must be prepared by a registered design professional.

(2) Recreation Park and Organizational Camp Operating License Approved parks and camps must comply with any operating license requirements established by the Department of Human Services Oregon Health Authority.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0070

Or. Admin. R. 918-650-0030 Fees — Expiration — Validation

(1)(a) Area Development Fee. The area development fee is determined from Table 1-RV using the valuation for all facilities for which the permit is issued. The fees in Table 1-RV are based upon valuation Table 2-RV for recreation parks or may be determined by the applicant with documentation acceptable to the issuing authority. Permit fees must be paid before any work begins.

NOTE: Table 1-RV is based on Table 3-A of the 1988 Uniform Building Code. The Area Development Permit does not include permits or related fees for buildings, manufactured dwelling installations, accessory buildings and structures, mechanical, plumbing or electrical systems, boilers, elevators, or permits required by other agencies.

(b) Plans Review Fee. The area development Plan Review Fee is 65 percent of the area development permit fee set forth in subsection (1)(a) of this rule and must be paid when plans and specifications are submitted for review;

(A) Inspections outside of normal business hours (minimum charge — two hours), $50/hour;

(B) Reinspection fee, $50/hour;

(D) Additional plan review required by changes, additions or revisions to approved plans (minimum charge — one-half hour), $50/hour;

(E) Consultation fee (minimum one hour), $30/hour.

(2) Other Fees:

(a) A special inspection is required and a special inspection fee must be paid before a permit may be issued for work started without a permit. The special inspection fee must be equal to and in addition to the amount of the permit fee required by these rules;

(b) Other Inspection Fees. In addition to the called for inspections, the building official may make or require inspections of any construction work to confirm compliance with the provisions of this code and other laws which are enforced by the building official;

(c) Reinspection Fees. A reinspection fee may be assessed for each inspection or reinspection when the work for which inspection is called is not complete or when corrections called for are not made.

NOTE: This subsection is not intended to require reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but is to control the practice of calling for inspections before the job is ready for such inspection or reinspection.

(3) Expiration and Validity of Plans and Permits:

(a) Expiration of Plan Approval. Area Development plan approval expires one year after the date that the approval is granted if no area development permit is issued. Upon receipt of a written request from the applicant the building official may extend the time for action by the applicant for a period of not to exceed 180 days. To renew action on an application after the expiration of a plan approval, the applicant must resubmit plans and pay a new plan review fee;

(b) Expiration of Area Development Permit. An area development permit expires if the work it authorizes is not commenced within 180 days from the date of issuance of the permit, or if the work is suspended or abandoned for 180 days at any time after it is commenced. A permittee holding an unexpired permit may apply for an extension of the time within which the work may be commenced under that permit. The time for action by the permittee may not exceed 180 days. Requests for extensions must be in writing, and no permit may be extended more than once. If such work is not recommenced, before a permit or extension expires a new permit must be obtained. The fee is one-half the amount required for the first permit, provided that:

(A) No changes have been made in the original plans and specifications; and

(B) The duration of the suspension of work or abandonment has not exceeded one year.

(c) Validity. The issuance or granting of an area development permit or approval of area development plans and specifications may not be construed to be a permit for, or approval of, any violation of any of the provisions of these rules. The issuance of a permit based upon plans and specifications may not prevent the building official from later requiring the correction of errors in such plans;

(d) Suspension or Revocation. The building official may, in writing, suspend or revoke an area development permit when the permit is issued in error or on the basis of incorrect information supplied, or in violation of any provision of these rules, or any other ordinances.

(4)(a) The fees established in this rule apply to the Division.

(b) Municipalities who have been delegated the park and camp program by the Division may establish their own fee schedule or adopt the Division’s fee schedule through local ordinance.

(d) The municipality, quarterly, must remit 15 percent of the collected fees to the Division for monitoring municipal programs and for providing informational material necessary to maintain a uniform state program.

[NOTE: Tables referenced are not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 455.020, 455.110, 455.170, 455.210 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCD 12-2008, f. 6-30-08, cert. ef. 7-1-08
BCA 36-1991, f. 10-23-91, cert. ef. 10-31-91
BCA 16-1991(Temp), f. 6-7-91, cert. ef. 7-1-91
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0075

Or. Admin. R. 918-650-0035 Plans and Specifications

(1) Plans. With each application for a plan review the applicant must submit two sets of construction plans and specifications. Plans and specifications must be drawn to scale, of sufficient clarity to indicate the nature and extent of the work proposed and to show in detail that the construction will conform to all relevant laws, rules and regulations of the State of Oregon pertaining to recreation parks and organizational camps.

NOTE: The construction shown on these plans may contain construction details required by other rules or regulations in order to aid other agencies in determining compliance with their coordinating regulations.

(2) Design. All plans must be designed in accordance with the requirements of the various codes and administrative rules and, where required, must be designed by a registered design professional.

(3) Plan Format and Sequence. The following plan format and sequence specification are guidelines for both the designer and the plan reviewer. Deviations are permitted from strict compliance with the plan format and sequence specifications when such deviation will produce the same result:

(a) The cover sheet of each set of plans must give the following:

(A) The name of the recreation park or organizational camp and the location (vicinity map);

(B) The name of the owner;

(D) The name of the person who prepared or submitted the plans;

(E) The symbols used; and

(F) The design maximum occupancy load for organizational camps.

(b) The plot plan (on a separate sheet) must include:

(A) Both proposed and existing construction; and

(B) A scale drawing of the general layout of the entire recreation park or organizational camp showing property survey monuments in the area of work and distances from park or camp boundaries to public utilities located outside the park or camp (indicated by arrows without reference to scale).

EXCEPTION: When the work involves an addition to, or a remodeling of, an existing recreation park or organizational camp, the plot plan must show the facilities related to the addition and/or the facilities to be remodeled.

(4)(a) The following features must be clearly shown and identified:

(A) The permanent buildings (dwellings, mobile homes, washrooms, recreation buildings, and similar structures);

(B) The fixed facilities in each space (fire pits, fireplaces or cooking facilities);

(D) The location and designation of each space by number, letter or name; and

(E) Plans for combination parks must also show which portions of the parks are dedicated to camp ground, organizational camp, mobile home park, picnic park, recreational vehicle park and joint use.

(b) Park and organizational camp utility systems must be clearly shown and identified on a separate sheet:

(A) Location of space sewer connections, space water connections and service electrical outlets;

(B) Location and source of domestic water supply;

(D) Park or camp street layout and connections to public street(s);

(E) Disposal systems, such as septic tanks and drain fields, recreational vehicle dump stations, gray water waste disposal sumps, washdown facilities, sand filters, and sewer connections;

(F) Fire protection facilities, such as fire hydrants, fire lines, tanks and reservoirs, hose boxes and apparatus storage structures;

(G) Solid waste disposal system and solid waste collection features, such as refuse can platforms and supports, and wash-down facilities; and

(H) Liquid Petroleum Gas (LPG) tanks and gas lines.

(c) Park Topography. Park topography must be shown in the area of work when any existing grade or slope exceeds five percent.

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0080

Or. Admin. R. 918-650-0040 Inspections

(1)(a) General. All construction or work for which a permit is required must be subject to inspection by the building official;

(b) It is be the duty of the permit applicant to cause the work to be accessible and exposed for inspection purposes. Neither the employee nor the building official are liable for expense entailed in removal or replacement of any material required to allow inspection.

(2)(a) Inspection Requests. It is the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. The building official may require every request for inspection be filed at least three working days before such inspection is desired. Such requests may be in writing or by telephone at the option of the building official;

(b) It is the duty of the person requesting any inspections required by these rules to provide access to and means for proper inspection of such work.

(3) Approval Required. Approval may be given only after an inspection has been made on each successive step in the construction as indicated on each of the inspections required in section (4) of this rule.

(4) Required Inspections. The building official, upon notification from the permit holder or the permit holders agent, must make the following inspections and must either approve that portion of the construction as completed or must notify the permit holder or agent wherein the same fails to comply with these rules:

(a) Rough Grading. When rough grading of roads and spaces are completed;

(b) Prior to Paving. Before any asphaltic concrete or portland cement concrete is placed;

(d) Coordinating Regulation Inspections. Inspection required by the Coordinating Regulations specified in these rules.

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0085

Or. Admin. R. 918-650-0045 General Construction Requirements

General:

(1) Combination Parks. The portions of combination parks which are dedicated to campground, organizational camp, picnic park, mobile home park or recreational vehicle park use must be identified and each use must comply with the applicable regulations. Jointly used areas must be designated accordingly.

(2) Space Separation and Designation. Building or space separation and space designation must be as follows:

(a) The distance between buildings must be as required in the Oregon Structural Specialty Code;

(b) The distance between spaces must be as provided in OAR 918-650-0055(1);

(c) Spaces must be identified by signs or markings corresponding to the letters, numbers or names indicated on the approved plans.

(3) Access. Each space designed for vehicular use within a recreation park or organizational camp must have direct access to a park, street or road. The access may not be obstructed by grade or vertical clearance. The entrance to roads with impaired clearance must be provided with warning signs.

(4) Street Width. Park streets intended for use by the public must be of adequate width to accommodate the planned parking and traffic load. Each traffic lane must be ten feet minimum width. Where parking is permitted on park streets, each parking lane must be ten feet minimum width. All two-way streets without parking must be 20 feet minimum width.

(5) Connection to a Public Way. The park street system must have direct connection to a public way.

(6) Park Roads and Streets. Roads and streets intended for use by the public must be designed for minimum nine-ton gross loads and streets and walkways must be well drained. The street surface may be asphaltic-concrete, portland cement concrete, crushed rock, gravel or other approved surface material.

(7) Cleanable Construction. Fireplaces, fire pits or cooking facilities must be of cleanable construction and designed to permit easy removal of ash and other waste.

(8) Screens. All openings, except doors with self-closing devices, into the outer air of permanent kitchens, dining rooms, toilets and shower facilities must be effectively screened. Screens may not be less than sixteen mesh per inch, and all screen doors must be equipped with a self-closing device.

(9) Solid Waste Containers. Solid waste containers must be in place at the time of final inspection. Solid waste containers or bins must:

(a) Have tight-fitting lids, covers or closable tops; and

(b) Be durable, rust-resistant, water tight, rodent-proof and washable;

(c)(A) Containers in recreational vehicle parks must be provided at a rate of one 30-gallon container for each four recreational vehicle parking spaces and be located within 300 feet of each recreational vehicle parking space. Containers may be grouped;

(B) Containers in picnic parks, campgrounds and organizational camps must be provided at a rate of one 30-gallon container for each 20 occupants or fraction thereof that the camp or park is designed to accommodate. Containers may be grouped.

EXCEPTION: The requirement for solid waste containers in picnic parks, campgrounds and organizational camps may be waived by the regulating authority for areas not accessible by road.

(10) Water Systems in Flood Zones. Potable water systems located in, or partially in flood zones, must be provided with valves to isolate that portion of the system in the flood zone from the rest of the system, and fittings must be installed to permit flushing and treatment of the flood zone portion of the water system.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0090

Or. Admin. R. 918-650-0050 Toilets

(1) Toilet facilities must be provided in every recreation park or organizational camp. They must be convenient and accessible and must be located within 500 feet of any recreational vehicle space or camping site not provided with an individual toilet facility or sewer connection.

EXCEPTION: The requirement for toilets in picnic parks, campgrounds and organizational camps may be waived by the regulating authority for areas not accessible by road.

(2)(a) Sanitary facilities must be as required in Table 3-RV;

(b) Toilet Bowls. Toilet bowls for public use must be elongated bowls with open-front seats. Any room with flush toilets must be provided with a floor drain as required in the Oregon Plumbing Specialty Code ;

(c) Signs. Toilets must either be marked for the designated sex or be provided with a privacy lock. If not apparent, the location of toilets must be indicated by appropriate direction signs;

(d) Flush Toilets and Showers. Flush toilets and showers and the buildings containing them must be constructed in accordance with the State Building Code;

(e) Unisex Toilets. Toilet facilities designed to serve an occupant load of 15 persons or less may serve both sexes. Such toilet facilities must be equipped with a urinal.

(3) Nonwater-Carried Toilets. Nonwater-carried toilets, including, but not limited to, chemical or vault toilets or pit privies, must be constructed and located in accordance with the requirements of the Department of Environmental Quality.

[Publications: Publications referenced are available from the agency.]

[NOTE: Table referenced is not included in rule text.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCA 7-1988, f. & ef. 4-1-88, Renumbered from 814-029-0095
BCA 10-1987, f. & ef. 9-18-87

Or. Admin. R. 918-650-0055 Special Rules for Overnight Campgrounds

(1) Spacing. Each camping space must be large enough to accommodate the designated class of recreational vehicle or tent and be located a minimum of ten feet from any other camping space, building or building appurtenance or any boundary line abutting upon a public street or highway, and five feet from any property line. The space area must be designed to minimize the obstruction of any public or private roadway or walkway by vehicles or tents.

(2) Faucets. Camping space faucets and hydrants must be equipped with an approved back flow prevention device as required by the Oregon Plumbing Specialty Code.

(3) Gray Water Waste Disposal System. Recreation parks which supply water must provide a sewage disposal system or a gray water waste disposal sump for each six spaces that meets the requirements of the Department of Environmental Quality.

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0100

Or. Admin. R. 918-650-0060 Special Rules for Organizational Camps

Sleeping Spaces. Permanently installed beds or bunks must have:

(1) A minimum of 30 inches of lateral separation between beds and a minimum of 30-inch vertical separation between tiers of beds or between the top tier and the ceiling.

(2) A maximum of two tiers of bunks.

(3) Not less than ten inches of space between the floor and the underside of the beds. In lieu of such space, a bed may have a continuous base which is attached to the floor.

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0105

Or. Admin. R. 918-650-0065 Temporary Recreation Parks

(1) The building official may exempt any requirement of these rules regarding toilets, waste water disposal, spacing or plan review and plan review fees, to meet special short-term campground needs if public health will not be endangered.

(2) Exemptions issued under this rule expire on the date stated in the exemption, but no exemption is valid for more than six months.

(3) The building official may establish reasonable conditions for the operation of a temporary park.

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 8-1993, f. 4-29-93, cert. ef. 5-1-93
Reverted to BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0109
BCA 15-1992(Temp), f. & cert. ef. 8-7-92
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0109

Or. Admin. R. 918-650-0070 Alternate, Materials and Interpretations; Appeals

(1) These rules are not intended to prevent the use of any alternate material, design, or method of construction for recreation parks or organizational camps which the rules do not specifically prescribe, provided that the building official has approved such alternate.

(2) Modifications. Wherever there are practical difficulties involved in carrying out the provisions of these rules, the building official may grant modifications for individual cases, provided the building official:

(a) Determines that a special individual reason makes the strict compliance with the letter of OAR 918, division 650 impractical;

(b) Ensures that the modification does not lessen any fire protection requirements or any degree of structural integrity or create any health or safety hazards; and

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0110

Or. Admin. R. 918-650-0075 Existing Parks

(1) Parks or camps existing prior to September 18, 1987 may have their existing use continued if the use was legal at the time of construction, provided that this continued use is not a threat to life, health, property, and general welfare of the public and is maintained in a safe and healthful condition.

(2) Any alteration to a recreation park or organizational camp must comply with the requirements of ORS Chapter 446 and these rules for new parks or camps.

History

Statutory/Other Authority: ORS 455.020, 455.110 & 455.680
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0115

Or. Admin. R. 918-650-0080 Enforcement

(1)(a) As set forth in ORS 455.680, the permit issuing authority with respect to the construction of recreation parks and organizational camps is the Division;

(b) Delegation to municipalities. The Division may delegate to any municipality which requests any of the authority, responsibilities and functions of the Division relating to recreational parks, organizational camps and picnic parks as defined in ORS 446.310, including but not limited to plan review and sanitation inspections if the Division determined that the municipality is willing and able to carry out the rules of the Division relating to such authority, responsibilities and functions. The Division may review and monitor a municipality’s performance under this subsection. In accordance with 183.310 to 183.550, the Division may suspend or rescind a delegation under this subsection. If it is determined that a municipality is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under OAR 918-650-0030(4)(a) must be available to the Division for carrying out the authority, responsibility and functions under this section;

(2) Plan Review and Inspection. The building official must perform plan reviews and construction inspections to assure that the construction complies with the approved plans.

(3) Correction Notice for Violations. All deviations from the requirements of the statutes or these rules must be specified in writing and a copy furnished to the permittee. An additional copy of this notice may be posted at the site of work or mailed or delivered to the permittee or the permittee’s agent at the address shown on the permit. The building official may provide information as to the meaning or application of the statutes or rule. Refusal, failure or neglect to correct deviations from the minimum standards specified in the notice of violation within 20 days of receipt or posting of the notice of violation may be considered a separate violation of the statutes or these rules.

(4) Stop Orders. Whenever any work is being done contrary to the provisions of these rules, the building official may order the work stopped by notice in writing served on any person engaged in causing such installation to be made, or by posting a copy thereof at the site of the installation, and thereafter no person may proceed with the work until authorized to do so by the building official.

(5) Suspension or Revocation The building official may, in writing, suspend or revoke a permit issued under these rules, whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any rules, regulations or statute.

(6) Right of Entry. Whenever it may be necessary to make an inspection to enforce any provision of these rules, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition which makes that building or those premises unsafe under these rules, the building official may enter that building or those premises at any reasonable time to inspect them or to perform any duty imposed upon the building official by these rules. If that building or those premises be occupied, the building official must first present proper credentials and demand entry; and if that building or those premises be unoccupied, the building official must first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the building official may have recourse to every remedy provided by law to secure entry.

(7) Appeals.

(a) Any person aggrieved by the final decision of a municipal appeals board or of a subordinate officer of the Division as to the application of any provision of these rules may, within 30 days after the date of the decision, appeal that decision as provided for in ORS 455.690.

(b) Alternate appeals process. A person aggrieved by a decision made by a building official may appeal the decision as specified in ORS 455.475.

History

Statutory/Other Authority: ORS 455.020, 455.110, 455.475, 455.680 & 455.690
Statutes/Other Implemented: ORS 455.680
BCD 26-2011, f. 9-30-11, cert. ef. 10-1-11
BCA 10-1987, f. & ef. 9-18-87, Renumbered from 814-029-0121

Division 674 PREFABRICATED CONSTRUCTION

Or. Admin. R. 918-674-0500 Temporary rule language in effect until 12/27/2026. Application, Scope and Purpose

(1) The provisions of OAR 918-674-0500 through 918-674-0910 apply to all prefabricated structures as defined in ORS 455.010.

(2) The purpose of these rules is to provide uniform, minimum procedures for plan approval and inspection for the regulation of prefabricated structures or portions thereof, that are wholly or partially manufactured using closed construction at an off-site location.

(3) These rules apply to:

(a) The design and construction of all prefabricated structures that are intended to be sold, rented, leased or installed in Oregon.

(b) The alteration of Oregon-approved prefabricated buildings that are offered for rent, sale, lease or installation in Oregon.

(4) Prefabricated structures that used the exemption specified ORS 455.312 cannot subsequently become Oregon-approved prefabricated structures.

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0000, filed 06/30/2026, effective 07/01/2026
BCD 16-2019, amend filed 12/12/2019, effective 01/01/2020
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96, Renumbered from 918-674-0010
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0005

Or. Admin. R. 918-674-0510 Temporary rule language in effect until 12/27/2026. Definitions

The following definitions are in addition to those included in ORS 455.010 and ORS 455.705. Definitions in other rules adopted by the division or in Oregon adopted specialty codes apply where applicable to prefabricated structure construction provisions. Where a conflict exists, the specific provision applies over a general provision.

(1) “Alteration” means any construction, retrofit or renovation to an Oregon-approved prefabricated building that would typically require a permit for the equivalent construction activity on a site-built building. This includes, but is not limited to, a change in occupancy classification, change of use, reconfiguration of building sections, or changes to a system (structural, plumbing, electrical, mechanical).

(2) “Approved” means approved by the Building Codes Division or prefabricated third-party agency.

(3) “Audit” means an evaluation of a manufacturer’s compliance control procedure or an examination of prefabricated structure construction by the division.

(4) “Building Site” means any lot, tract of land, or an existing building upon which a prefabricated structure is installed.

(5) “Closed Construction” means a factory-assembled structure or component that encloses factory-installed structural, mechanical, electrical, plumbing or energy conservation equipment or material inside a floor, wall, or roof cavity that is not entirely open for visual inspection of the equipment or material at the building site.

(6) “Compliance Control” means the method of controlling the construction, fabrication, assembly and erection where applicable, including storage and use of various materials, to ensure compliance with the rules and construction codes adopted for the regulation of prefabricated structures.

(7) “Component.” (See Prefabricated Structure.)

(8) “Design Option” means an alternative design or type of construction associated with a plan.

(9) “Division” means the Building Codes Division.

(10) “Incomplete Structure” means a prefabricated building that, if approved by the division, is not complete when it leaves the manufacturing facility where approved construction elements will be completed at the building site. Incomplete construction includes, but is not limited to, design, size or transportation limitations, installation of roof framing, installation of plumbing fixtures inside the building, or roof-mounted heating, ventilation or air conditioning equipment.

(11) “Insignia of Compliance” has the meaning given in ORS 455.705.

(12) “Installation” means the placement, setup, or assembly of a prefabricated structure at a building site, and the process of attaching the prefabricated structure to land, foundation, to an existing building, or within an existing building.

(13) “Manufacture” means the process of making, fabricating, constructing, forming or assembling a product from raw, unfinished or semi-finished materials to produce prefabricated structures.

(14) “Manufacturer.” (See Registered Manufacturer.)

(15) “Manufacturer’s Compliance Control” means an inspection program implemented and maintained by the manufacturer under division certification and audit procedures.

(16) “Monitoring” means an evaluation or examination by the division of a prefabricated third-party agency to determine compliance with Oregon laws, rules and the Oregon Specialty Codes.

(17) “Notice of plan review” means an official document created by the division or a prefabricated third-party agency during plan review that is attached to an approved set of plans for a prefabricated building. This document is part of the approved plans and must remain attached to the approved plans.

(18) “Oregon-approved prefabricated building” is a prefabricated building that when first manufactured complied with the following:

(a) Applicable Oregon laws and adopted specialty codes;

(b) Constructed and inspected according to division-approved plans for the occupancy classification and intended use;

(d) Has not since been altered without approval from the division.

(19) “Panel.” (See Prefabricated Component.)

(20) “Plan” means a specific design of prefabricated building as designated by the manufacturer to be the working drawings for production of a unit. For the purposes of design options, this is the base plan.

(21) “Prefabricated Third-Party Agency” means an independent contractor (private or municipal) certified by the division to provide plan review and inspection services to manufacturers of prefabricated buildings as established in ORS 455.705 and the rules adopted thereunder, and who operates under the authority and direction of the division’s building official charged with the administration of the division’s prefabricated structures program.

(22) “Prefabricated Structure” has the meaning given in ORS 455.010 and includes the following types of structures and components:

(a) “Prefabricated Component” means any structural subassembly or component such as wall, floor or roof panels; sandwich panels; and reinforced concrete components or subassemblies, provided that they are built at an off-site location using closed construction, but do not contain concealed systems that require inspection prior to concealment. It does not include roof trusses, open wall panels and similar subassemblies that are built at an off-site location using open construction.

(b) “Prefabricated Component Building” means a building consisting of prefabricated components and shipped to a building site for assembly.

(A) “Prefabricated Permanent Building” means a prefabricated structure built as one unit that may be divided into transportable sections and is designed to be permanently installed on a building site.

(B) “Prefabricated Relocatable Building” means a prefabricated structure built as one unit that may be divided into transportable sections and is designed to be moved from one location to another.

(23) “Reciprocity” means a contractual agreement between two or more states for prefabricated buildings produced in the one state that are designated for sale, rent, lease or installation in the other state.

(24) “Registered Manufacturer or Business” means a person, partnership or corporation that has been approved by the division to manufacture or alter prefabricated structures.

(25) “Sandwich panel” means a panel made of a minimum of three layers consisting of a core material that is bonded to a skin layer on each side.

(26) “Specific Use Structure” means a prefabricated building intended to be used for longer than 30 days in one location and specifically includes the following:

(a) “Dedicated Use Structure” means a prefabricated building designed for a specific dedicated use beyond normal shelter or storage, such as hazardous materials buildings, walk-in freezer/coolers, clean rooms or toilet facilities;

(b) “Employee Protection-Only Structure” means a prefabricated building that is limited to employee occupancy only such as guard shacks, toll booths and kiosks; and

(c) “Equipment Protection-Only Structures” means a prefabricated building used for the protection of stationary equipment that is only occupied during maintenance or servicing of equipment, such as structures housing electronic switching stations, control equipment, power generators, or communications equipment.

(27) “Substantial Compliance” has the meaning given in ORS 455.410.

(28) “Substantially Prefabricated or Assembled” means a section or the major portion of a prefabricated structure that is assembled in such a manner that all portions may not be fully inspected without disassembly or destruction of the part.

(29) “System” means a specific part of the construction, structural, plumbing, electrical or mechanical.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.010 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0005, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0015

Or. Admin. R. 918-674-0520 Temporary rule language in effect until 12/27/2026. Registration Requirements

(1) All manufacturers of nonexempt prefabricated structures located in or being shipped into Oregon and persons in the business of altering Oregon-approved prefabricated buildings intended for sale, rent, lease or installation in Oregon must register with the division according to the following:

(a) Each facility or location must be separately registered;

(b) A registration application must include the applicable fee established in OAR 918-674-0730; and

(2) Prefabricated structure registrations expire on December 31 each year. Registration renewal forms must be received by the division prior to January 1 of each year along with the renewal fee established in OAR 918-674-0730.

(3) When a registration expires because of failure to renew the registration with the division, all division approved plans, manuals, and unused insignia become invalid. Fees will not be refunded for any unused insignias. No plan reviews or inspections will be performed, and no Oregon insignia of compliance will be issued until a valid registration is established and the applicant is in compliance with all other applicable program requirements.

(4) Registered manufacturers and businesses must update their registration with the division when there is a change of name, address or ownership. A registered manufacturer or business must request this update within ten days of the change by submitting an updated division-approved registration form along with the fee established in OAR 918-674-0730. A change in name or ownership requires the manufacturer or business to update existing approvals required by these rules. A business name change may not be performed using the renewal form.

(5) Registration applications must be approved before any construction activity being commenced on a prefabricated structure intending to receive Oregon insignia of compliance. Plans, manuals, fees or other related applications or documents will not be accepted until a valid registration has been established.

(6) When revising or updating a valid registration, a manufacturer operating under a division-approved compliance control program must submit an updated compliance control manual for each manufacturing facility if there have been any changes since the last submittal of the manual.

(7) An approved registration under this rule is an agreement between the registered manufacturer or business and the division that specifies the registered manufacturer or business will comply with all applicable Oregon laws, these rules, Oregon adopted specialty codes, and applicable division policies and procedures. This agreement authorizes compliance and right of entry provisions in OAR 918-674-0650.

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0013, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 918-674-0530 Temporary rule language in effect until 12/27/2026. Division Services

(1) The division is responsible for the administration and enforcement of Oregon laws related to the manufacture of prefabricated structures and alterations to Oregon-approved prefabricated buildings required to have Oregon insignia of compliance. The division provides specific services as follows:

(a) Plan reviews, inspections, and issuance of Oregon insignia of compliance to prefabricated buildings for manufacturers who have not contracted with a prefabricated third-party agency for these services.

(b) Regulation and issuance of Oregon insignia of compliance to manufactures that manufacture prefabricated components and prefabricated component buildings.

(c) Plan reviews, inspections, and issuance of Oregon insignia of compliance to registered manufacturers or businesses that perform alterations to Oregon-approved prefabricated buildings.

(d) Monitoring of prefabricated third-party agencies to ensure compliance with Oregon laws, the Oregon Specialty Codes and these rules.

(2) Any prefabricated structure bearing an Oregon insignia of compliance is considered to be in compliance with all appropriate construction laws, codes and regulations within the State of Oregon and must be accepted by the local building department in all Oregon municipalities, unless the prefabricated structure has been altered without prior approval from the division.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0015, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0010

Or. Admin. R. 918-674-0540 Local Building Department Responsibility

(1) Local building departments in Oregon have specified roles and responsibilities for the installation, erection, or assembly prefabricated structures in their jurisdiction.

(2) A local building department may not require closed construction to be opened for inspection on a prefabricated building or component bearing an Oregon insignia of compliance.

(3) It is the responsibility of the person applying for local building permits for the installation of a prefabricated structure to provide sufficient information to the local building department for the purposes of demonstrating code compliance for the installation of a prefabricated structure at the building site.

(4) When a local building department receives a prefabricated building in their jurisdiction the local building department must ensure compliance with the following:

(a) The prefabricated building has been approved by the division as evidenced by an Oregon insignia of compliance;

(b) The prefabricated building will comply with local regulations at the building site;

(d) All fire-resistive occupancy separations and required fire separation walls, parapet walls and other fire-resistive requirements meet the Oregon Structural Specialty Code or the Oregon Residential Specialty Code;

(e) Prior to issuing a permit, ensure sufficient information is made available to determine whether the prefabricated building will be installed and used according to its intended design and purpose as identified on the Oregon insignia of compliance;

(f) Prior to issuing a permit, ensure sufficient information is made available to determine whether site specific information or local regulations affect the construction or intended use. Information should include, but not be limited to, a site plan, occupancy classification, construction type, structure size, floor live load, roof live load, wind exposure, seismic zone, climate zone, electrical service loads, plumbing fixture loads, number of sections and whether it is a permanent or relocatable prefabricated building;

(g) Issue permits and perform plan reviews and inspections of the prefabricated building’s foundation. Foundations and tie-downs for permanently sited or relocatable prefabricated buildings, or the installation of prefabricated component buildings must be designed according to the requirements of the Oregon Structural Specialty Code or the Oregon Residential Specialty Code as applicable. Manufacturer’s installation instructions may be used, provided that they meet or exceed the minimum requirements of the Oregon Structural Specialty Code or the Oregon Residential Specialty Code as applicable;

(h) Review plans, issue permits and perform inspections for site-specific, accessibility, geographic, geologic or climatic code requirements affecting the prefabricated building;

(i) Issue permits and perform inspections of the electrical, water, gas and sewer connections on and to the prefabricated building;

(j) Issue permits and perform inspections of the prefabricated building installations according to the following:

(A) If a multi-section prefabricated building, inspect connections at the marriage lines to ensure that such connections are capable of developing a complete load path as required.

(B) If an incomplete structure, complete inspection of construction elements on the division-approved Notice to Local Enforcement Agency form that are designated for the local building department to inspect.

(k) Issue permits and perform inspections of incomplete structures at the building site when the division has granted prior approval for the local building department to inspect the work on behalf of the division; and

(l) Notify the division of any prefabricated building damaged in transit to the building site or during installation so the division may arrange for a damage inspection of the unit.

(5) When a local building department receives a project involving prefabricated components, ensure that the prefabricated components have been approved by the division as evidenced by an Oregon insignia of compliance, and compliance with the following where applicable.

(a) Issue permits, perform any plan reviews, and perform inspections of the prefabricated component building installations. Inspect connections of the component assemblies to assure that the assemblies are capable of developing a complete load path as required; and

(b) Ensure compliance with any applicable provisions in Section (4) of this rule for any prefabricated component building intended to be installed outside of an existing building.

(6) Issue a Certificate of Occupancy for prefabricated buildings and prefabricated component buildings after the installation is complete.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 7-2026, adopt filed 07/01/2026, effective 07/01/2026

Or. Admin. R. 918-674-0550 Temporary rule language in effect until 12/27/2026. Codes and Standards

(1) Except where otherwise specifically stated in these rules, all prefabricated construction must be designed to comply with the applicable specialty codes listed below:

(a) The Oregon Structural Specialty Code;

(b) The Oregon Mechanical Specialty Code;

(d) The Oregon Electrical Specialty Code;

(e) The Oregon Elevator Specialty Code;

(f) The Oregon Boiler and Pressure Vessel Safety Specialty Code;

(g) The Oregon Residential Specialty Code; and

(h) The Oregon Energy Efficiency Specialty Code.

(2) Additions, alterations, conversions or repairs to prefabricated buildings are subject to the code requirements of this rule.

(3) When it can be demonstrated that compliance with strict requirements of the Oregon Structural Specialty Code are impractical and the intent and purpose of the code can still be met without causing structural failure or risk of fire in specific use structures, the requirements of the code may be modified by the division’s building official charged with administration of the division’s prefabricated structures program through an approved alternate method or materials application.

(4) Equipment protection-only structures are exempt from all of the envelope requirements of the Oregon Energy Efficiency Specialty Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0023, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 918-674-0560 Temporary rule language in effect until 12/27/2026. Reciprocity

(1) Manufacturers of prefabricated buildings that are located outside Oregon but in a state having reciprocity with Oregon according to ORS 455.430, and the reciprocity agreement on file with the division, may ship prefabricated buildings into Oregon for rent, lease, sale or installation, provided that:

(a) The manufacturer is registered by the division as specified in OAR 918-674-0520;

(b) Has obtained approved plans from the division;

(d) Received final inspection approval from the reciprocal state’s inspection authority and Oregon insignia of compliance have been affixed to the prefabricated building.

(2) Plan review fees for reciprocity plan reviews must be paid when plans are submitted to the division. Plan review fees for reciprocity plan reviews performed by the division are established in OAR 918-674-0730.

(3) Fees for Oregon insignia of compliance are those established in OAR 918-674-0730 and must be paid when submitting the insignia application.

(4) Inspection fees for reciprocity inspections performed by the division are as follows:

(a) Inspection fees for prefabricated buildings manufactured in Oregon that will have Oregon insignia of compliance attached are the calculated permit fee amounts established in OAR 918-674-0730.

(b) Inspection fees for prefabricated buildings inspected in Oregon that will not have Oregon insignia of compliance attached are charged at hourly rates established by the division for the code discipline being inspected. Inspection fees include travel time portal-to-portal. Inspection fees will be charged to the manufacturer after inspections are completed.

History

Statutory/Other Authority: ORS 455.100, ORS 455.110 & ORS 455.430
Statutes/Other Implemented: ORS 455.110, ORS 455.430 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0043, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 918-674-0570 Temporary rule language in effect until 12/27/2026. Division Inspections

(1)(a) Each prefabricated building required to bear an Oregon insignia of compliance must be inspected by the division in accordance with an approved compliance control program in OAR 918-674-0580, the division-approved plans, and the appropriate Oregon Specialty Codes as defined in ORS 455.010.

(b) When use of a division inspector is impractical, the division may use the services of an inspector from a local building department to perform inspections of prefabricated buildings. The local inspectors must be certified by the division in the appropriate discipline(s). The division may use local inspectors to perform inspections of prefabricated buildings in the manufacturing facility or at a building site for incomplete structures, or for alterations, conversions and repairs.

(c) Except as directed by the division’s building official charged with the administration of the division’s prefabricated structures program, no inspections will be made prior to the approval of plans and issuance of the notice of plan review by the division. No reciprocity inspections will be performed prior to the approval of plans without prior approval from the reciprocal state. The approved plans and notice of plan review must be available to the inspector upon arrival at the manufacturing facility and at the building site when applicable. A manufacturer must provide paper versions of appropriately approved plans when requested by an inspector.

(d) All regular inspections must be requested by electronic mail or other methods approved by the division.

(e) The division must be notified a minimum of 48 hours prior to the date an inspection is requested for, excluding weekends and holidays, unless a different time for inspection is set by mutual agreement. Out-of-state inspections in locations more than 150 air miles from Oregon require a 21-day prior notice.

(2) Inspections performed at a manufacturing facility include, but are not limited to:

(a) Cover inspection requires each system constructed to be inspected prior to covering or concealing any portion of the electrical, plumbing, mechanical, fire safety, structural or insulation work.

(b) Final inspection requires each system to be inspected after the construction noted in subsection (a) of this section has been covered and prior to the prefabricated building leaving the manufacturing facility.

(c) A reinspection is required when corrections necessitating additional work to a particular system or systems of construction are identified following an inspection. It is the responsibility of the manufacturer to request inspections of work not previously approved. Construction must remain open for the purposes of completing required inspections. Any costs or delays associated with opening concealed construction for the purpose of determining code compliance is the responsibility of the manufacturer.

(d) Unless specifically approved on a Notice to Local Enforcement Agency form or division authorization sufficiently documented on an inspection report, all construction must be completed and have an approved final inspection prior to a prefabricated building leaving the manufacturing facility.

(3) All prefabricated buildings manufactured outside the State of Oregon that are intended for rent, lease, sale or installation in Oregon must comply with the following:

(a) Prefabricated buildings manufactured under reciprocity agreements must have division approval and Oregon insignia of compliance attached to the building prior to being shipped to Oregon.

(b) Prefabricated buildings manufactured outside of Oregon without a reciprocity agreement must have division approval, may require cover inspections performed prior to leaving the manufacturing facility, and must have an approved final inspection performed by the division when the prefabricated building arrives in Oregon.

(c) The division, to ensure that quality control and code compliance is maintained, may make out-of-state inspections as necessary.

(4) All prefabricated buildings arriving at the building site in a damaged condition, or damaged during installation, must be visually reinspected in the field by the division. When restoration is complete, a field reinspection is required to validate the division’s initial approval. The manufacturer of the unit is not required to remedy damages or defects caused by persons performing work at the building site not within the control of the manufacturer.

(5) Installation inspections of prefabricated structures in Oregon are performed by the local building department where the prefabricated building or prefabricated component building is to be installed, erected, or assembled.

(6) Upon written request and payment of required fees the division will perform advisory installation inspections at the building site. Inspection fees are based on hourly rates established in OAR 918-674-0730 and includes travel time portal-to-portal. Inspection fees will be charged to the responsible party after inspections are completed.

(7) The division is responsible for inspections of incomplete structures for those construction elements identified on the division-approved Notice to Local Enforcement Agency form designated for inspection by the division at the building site. The division may charge additional inspection fees to cover inspections of incomplete structures. Additional inspection fees are based on hourly rates established in OAR 918-674-0730 and include travel time portal-to-portal. Inspection fees will be charged to the manufacturer after inspections are completed.

(8) Complaints must be submitted to the division in writing. The division will notify the manufacturer of all complaints received.

(9) The division may conduct unannounced audit inspections at any manufacturing facility to review the manufacturer’s production and compliance control procedures. The division may perform audits of prefabricated buildings at building sites in Oregon.

(10) Upon discovery of any violations of the Oregon Specialty Codes or these rules, the division must verify the correction by inspection. If the correction cannot be verified during the initial inspection, the division must make a written report and require the corrective action to be held open for reinspection. If a violation was initially discovered at the manufacturing plant, the correction must be verified before the prefabricated building leaves the manufacturing facility.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0055, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0055

Or. Admin. R. 918-674-0580 Temporary rule language in effect until 12/27/2026. Compliance Control Programs

(1) The division’s Compliance Control inspection services are maintained by the division in accordance with typical in-plant inspection procedures and applicable requirements in this rule.

(2) The division may allow a manufacturer of prefabricated buildings to be placed on an alternative compliance control program, provided that the manufacturer complies with the following:

(a) Obtain division-approved plans and apply for Oregon insignia of compliance prior to the construction of any prefabricated building required to bear an Oregon insignia of compliance prior to delivery to Oregon.

(b) Manufacture prefabricated buildings using closed construction methods that do not conceal any system that requires cover inspection, and that any mechanical, electrical, or plumbing installations are surface mounted or open for inspection at the building site.

(c) Manufacture prefabricated buildings classified as equipment protection-only structures that are non-occupied, single story, and are 4,000 square feet or less in floor area.

(d) Manufacture prefabricated buildings classified as employee protection-only structures that are single story and are 200 square feet or less in floor area.

(3) Manufacturers of equipment protection-only structures or employee protection-only structures that intend to manufacture prefabricated buildings that exceed the maximum limitations established in this rule may not be on an alternative division compliance control program.

(4) When it is demonstrated that a manufacturer can no longer assure compliance with the Oregon Specialty Codes, these rules, or its compliance control manual, the division may rescind the manufacturer’s ability to operate under an alternative compliance control approval and return to division inspections.

(5) A division-approved alternative compliance control program does not expire. When a manufacturer makes changes to a division-approved compliance control manual or makes changes identified in OAR 918-674-0520(6), the manufacturer must:

(a) Submit a completed division-approved application form along with the fees established in OAR 918-674-0730; and

(b) Provide a copy of the revised compliance control manual along with a cover letter explaining the changes.

(6) Manufacturer Compliance Control: Upon application the division may approve a prefabricated structure manufacturer’s compliance control program using employees who hold the appropriate division inspection certifications:

(a) Application for manufacturer’s compliance control approval must be in writing and must include a complete compliance control manual containing administrative, construction and program control procedures for the compliance control program;

(b) The name of the manufacturer’s designated compliance control officer responsible for the compliance control program and whose responsibility must include maintaining records of the inspection program, copies of all plans and technical reports approved by the division;

(c) Authority to use, apply and continue to use the division’s insignia is contingent upon the manufacturer’s compliance with the approved compliance control standards and procedures, and upon compliance with all applicable laws and rules;

(d) An approved compliance control manual stamped with the division’s approval stamp, must be maintained by the manufacturer’s compliance control officer, and a copy filed with the division; and

(e) When it is demonstrated that a manufacturer can no longer assure compliance with the Oregon Specialty Codes, these rules, or its compliance control manual, the division may rescind the manufacturer’s compliance control approval and return to division inspections.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0060, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0060

Or. Admin. R. 918-674-0590 Temporary rule language in effect until 12/27/2026. Plan Requirements

(1) General plan requirements.

(a) Plans for prefabricated buildings intended to receive an Oregon insignia of compliance must comply with the requirements established in these rules.

(b) Manufacturers must obtain division-approved plans prior to construction of any prefabricated building required to have Oregon insignia of compliance.

(c) Plans must meet or exceed the applicable requirements in Oregon laws, administrative rules, and must comply with minimum requirements in Oregon adopted specialty codes for the building’s occupancy classification and intended use.

(2) Plan review application.

(a) Plans must be submitted with a completed division-approved application form along with applicable fees required in OAR 918-674-0730.

(b) Plans must include, but are not limited to, applicable requirements for structural and architectural designs, engineering calculations, specifications, electrical designs, plumbing designs, mechanical designs, and other data necessary to demonstrate compliance with division requirements.

(c) Plans for prefabricated buildings are required to be stamped by an Oregon registered design professional or other Oregon licensed person as established in applicable Oregon laws and the division. This applies to all code disciplines (structural, mechanical, electrical, and plumbing).

(d) Submission of plan review applications and plans must be as established by the division.

(3) Prefabricated building types and design criteria.

(a) A plan design may be for the construction of one prefabricated building, or the design may be used for the construction of multiple buildings. It is the manufacturer’s responsibility to ensure that plan designs meet or exceed design criteria for the geographical area where the prefabricated building is intended to be located regardless of whether the design is for one building or for multiple buildings.

(b) The manufacturer must determine if the design is for a prefabricated permanent building or for a prefabricated relocatable building. See definitions in OAR 918-674-0510.

(c) A site plan must be included where the installation location in Oregon is known at the time of plan submittal. The site plan must show the location of the prefabricated building in relation to other buildings on the same property, property lines, and any exit ways.

(4) Design options.

(a) Design options to a base plan are allowed. See definition of design option in OAR 918-674-0510.

(b) A maximum of six design options is allowed for each base plan. A design option may not change the base plan in any of the following ways:

(A) Change a building’s occupancy classification or use;

(B) Change the square footage to the building either horizontally or vertically;

(D) Change the approved engineering of the base plan.

(c) Design options must be submitted using a division-approved application form along with fees as specified in OAR 918-674-0730. Design options may be submitted at the same time as a base plan submittal or may be submitted later. A design option may not be included on the same plan review application as the base plan review application; it must be submitted separately.

(d) Plans for a design option must be prepared according to the same requirements as a base plan. Plans for a design option need only be for the specific variation to which the design option applies. Plans must clearly indicate the location, nature and extent of the work proposed. The plans must show in detail that they conform to the applicable provisions of Oregon adopted specialty codes.

(e) Design options are specific variations to a single base plan. A design option may not be submitted to an existing approved design option.

(5) Incomplete structure.

(a) The division’s policy is that prefabricated buildings must be substantially completed by the manufacturer at the manufacturing facility with minimal elements to be completed at the building site. The division may allow certain factory construction to be completed and inspected at the building site. Plans for a prefabricated building intending to have factory construction completed at the building site must be identified as an “incomplete structure” as defined in OAR 918-674-0510.

(b) The procedure to communicate construction elements intended to be completed at the building site may only be those items listed on a division-approved Notice to Local Enforcement Agency form. This form contains typical elements intended for a local building department to inspect. The division may allow additional construction items to be included on a Notice to Local Enforcement Agency, provided that the manufacturer provides reasonable justification and need for the construction to be completed at the building site. These additional elements may only be inspected by the division. The division reserves the right to deny any additional construction elements submitted on a Notice to Local Enforcement Agency form that exceeds reasonable division limitations or is outside the scope of the division’s authority.

(c) A Notice to Local Enforcement Agency form must be submitted with the base plan submittal package along with the fee required in OAR 918-674-0730. The Notice to Local Enforcement Agency form may not be altered or modified by the applicant and may not contain any of the site inspection items identified in OAR 918-674-00540. A division approved form altered or modified by the applicant will not be accepted.

(d) A Notice to Local Enforcement Agency form submitted after plans have been approved by the division must be reviewed and approved by the division. Division approval is required prior to final inspection by the division where applicable, or prior to any final approval and issuance of a certificate of occupancy by a local building department. Manufacturers are responsible for providing a copy of division-approved plans identifying the work to be completed at the building site for each incomplete structure.

(e) Incomplete structure designs may not include any construction interpreted by the division as “hybrid” construction. “Hybrid” construction includes, but is not limited to, a portion of a prefabricated building constructed at a manufacturing facility by the registered manufacturer and a portion of the same prefabricated building constructed at the building site by others that results in a completed building.

(f) A copy of the division-approved Notice to Local Enforcement Agency form must be attached to the inside of the window closest to the entrance door or adjacent to the entry door prior to the prefabricated building leaving the manufacturing facility.

(g) Registered manufacturers and owners of Oregon-approved prefabricated buildings may not engage in activities that involve reconfiguring an Oregon-approved prefabricated building or building sections from multi-section prefabricated buildings based solely on the fact that the prefabricated building or building sections have an Oregon insignia of compliance affixed to the building or building sections. These activities, when performed on an Oregon-approved prefabricated building, are considered an alteration to an Oregon-approved prefabricated building and may result in Oregon insignia of compliance being removed from these buildings.

(6) Plan review.

(a) Plan submittals accepted by the division are reviewed for compliance with applicable Oregon laws, Oregon adopted specialty codes, and these rules.

(b) If the division determines additional information is required, a request for additional information will be provided to the applicant. It is the responsibility of the applicant to respond to each issue listed on a request for additional information.

(c) Corrected plans and other associated documents must be submitted to the division with a cover letter explaining the changes. Changes on the plan pages must be clearly identified.

(d) Subsequent review of a plan following receipt of requested information may require another request for additional information.

(e) A plan application will be deemed to have been abandoned by the applicant after 180 days following the last official request for additional information to the applicant by the division, unless action by the applicant has been pursued in good faith or the plan application has been approved. The building official charged with administration of the division’s prefabricated structures program may authorize or grant one or more extensions of time for additional periods not exceeding 90 days each. The extension must be requested in writing and justifiable cause demonstrated.

(7) Plan approval.

(a) If the division finds that the plans conform to the requirements of these rules and that applicable fees have been paid, the plans and associated construction documents must be approved in writing or by stamp, as “Reviewed for Code Compliance” or “Approved.”

(b) Approved plans will also include a division-issued Notice of Plan Review document. The Notice of Plan Review document is part of the approved plans and must be available for the purposes of completing required inspections either at the manufacturing facility or at the building site.

(c) One set of approved plans is retained by the division, and one set of approved plans is returned to the applicant. The applicant’s set of plans must be kept at the place of manufacture and must be made available during inspection.

(8) Records required. The manufacturer must maintain a permanent record of construction documents, by serial number, of all units manufactured. The division retains approved plans according to the division’s records retention policy.

(9) If a manufacturer fails to renew its registration with the division, all division approvals of plans and manuals and unused insignia become invalid.

(10) In addition to the plans described in this rule, the division may, when deemed necessary, require the manufacturer of prefabricated components and prefabricated component buildings to submit an installation manual or installation instructions for division approval.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0065, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0065

Or. Admin. R. 918-674-0600 Temporary rule language in effect until 12/27/2026. Out-of-State Applicant

(1) Any manufacturer located outside the state of Oregon intending to manufacture prefabricated buildings for rent, sale, lease, or installation in the State of Oregon must be registered with the division and obtain the division’s approval prior to production of a prefabricated building required to have Oregon insignia of compliance. Applications, plans and fees must be submitted according to these rules.

(2) Manufacturers located in states that have a reciprocity agreement with Oregon may manufacture and deliver prefabricated buildings to Oregon, provided that the buildings are constructed to division-approved plans, receive all required inspections, and have been issued Oregon insignia of compliance according to these rules and the conditions specified under the reciprocal agreement.

(3) Manufacturers located outside the state of Oregon may not use plan review or inspection services from any third-party service provider to replace any division-required plan reviews or inspections.

History

Statutory/Other Authority: ORS 455.100, ORS 455.110, ORS 455.430 & ORS 455.705
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0075, filed 06/30/2026, effective 07/01/2026
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0075

Or. Admin. R. 918-674-0610 Temporary rule language in effect until 12/27/2026. Plan Validity, Renewal and Expiration

(1) All construction and required inspections must be completed for prefabricated buildings constructed to plans approved under these rules prior to the approved plan expiring. It is the responsibility of the registered manufacturer to comply with the requirements of these rules for prefabricated buildings required to have Oregon insignia of compliance.

(2) An approved plan is valid for a period of 12 months from date of approval. The date the plan was approved, and the plan expiration date are recorded on the Notice of Plan Review that is attached to each approved plan.

(3) A valid plan may be renewed according to the following requirements:

(a) A manufacturer may request to renew a plan by completing the plan renewal portion of a division-approved application form and submitting the application to the division along with fees required in OAR 918-674-0730.

(b) An application for plan renewal must be submitted to the division a minimum of 30 days prior to the plan’s expiration date. Plan renewal applications received less than 30 days prior to a plan’s expiration date may be rejected by the division for failure to timely submit a renewal application. Plans that have already expired are not eligible for renewal or allowed to receive an extension.

(c) If changes were made to an Oregon adopted specialty code or to applicable Oregon laws since the plan’s original approval or last renewal, the manufacturer must complete one of the following actions:

(A) Determine if the current design meets or exceeds applicable changes to Oregon adopted specialty codes or change in Oregon law. If the design meets or exceeds the applicable changes to Oregon adopted specialty codes or change in Oregon law, the division will accept a compliance letter from the manufacturer. A compliance letter must be on company letterhead, have the Oregon plan number, identify the applicable specialty code by title and year edition or reference to the Oregon law, state the plan meets or exceeds the minimum requirements of the applicable specialty code edition or Oregon law, and is signed by a representative of the company; or

(B) If the current design does not comply with applicable changes to Oregon adopted specialty codes or change in Oregon law, the manufacturer may submit revisions to the plan to bring the plan into compliance with the current Oregon adopted specialty codes or Oregon law. Plan revisions must follow the same processes and procedures for plan revisions established in these rules. Sufficient time must be provided for the division to review plan revisions. It is the responsibility of the manufacturer to submit revisions timely. Failure to submit revisions timely may result in the plan being expired administratively by the division.

(d) It is the manufacturer’s responsibility to monitor division code change activities if the manufacturer intends to renew plans.

(e) Approved plan renewal applications include a letter from the division indicating the renewal has been approved and the new plan expiration date. The plan renewal approval letter must be kept with the approved plans. The new expiration date will always be 12 months from the previous expiration date no matter when the renewal application is submitted or when division approval was issued.

(4) Design options expire on the same date the associated base plan expires. Design options may be renewed along with the associated base plan, provided that the design option complies with any changes to Oregon adopted specialty codes or Oregon laws, and applicable fees are paid. Renewal applications for design options must be submitted at the same time as the associated based plan is being renewed. Design options must be submitted on a separate plan review application form than the base plan renewal or other related design options.

(5) A plan may not be valid for more than 36 months from the plan’s original date of approval.

(6) The building official charged with administration of the division’s prefabricated structures program may authorize a onetime extension of a plan not exceeding 90 days. The extension must be requested in writing and justifiable cause demonstrated. Failure to timely submit a plan renewal application will not be considered a justifiable cause to grant an extension regardless of the circumstances.

(7) The division reserves the right to expire plans, change plan expiration dates, or take other related actions based on changes to Oregon specialty codes or change in Oregon laws.

(8) The division may administratively reinstate an expired plan or revoked plan to be valid for the purposes of completing work on a prefabricated building or limited number of prefabricated buildings. The division has complete discretion regarding this allowance. Resubmission only applies to plans that expired or were revoked that are still within the three-year allowance for a plan to be valid as established in this rule, otherwise the resubmission will be considered a new plan submittal. Allowance of this provision is at the discretion of the division. Applicable fees for reinstatement of an expired or revoked plan must be paid as specified in OAR 918-674-0730.

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0085, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0085

Or. Admin. R. 918-674-0620 Temporary rule language in effect until 12/27/2026. Revisions to Approved Plans

(1) When a manufacturer intends to revise any portion of a division-approved plan, or when a change is required by the division, the manufacturer must comply with the following:

(a) Revised plans must be submitted with a division-approved application form along with the plan review fee established in OAR 918-674-0730.

(b) Include a cover letter explaining the revisions along with the revised plan pages and any other associated construction documents for division review. Unless otherwise required, only the revised plan pages need to be submitted. Changes on the plan pages must be clearly identified.

(c) If the manufacturer submits an entire plan package, the submission will be treated as a full comprehensive plan review. This may require additional plan review time and may require additional plan review fees to be submitted as established in OAR 918-674-0730.

(2) Any construction related to a plan revision must be inspected as required in applicable Oregon adopted specialty code prior to any work being covered. Any costs or delays associated with opening concealed construction for the purposes of determining code compliance is the responsibility of the manufacturer, building owner, or applicant.

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0090, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0090

Or. Admin. R. 918-674-0630 Temporary rule language in effect until 12/27/2026. Transfer of Approvals

(1) The division may allow the transfer of division-approved plans or a division-approved compliance control program as allowed in this rule.

(2) When a transfer of approval is necessary because of a change of ownership or name change the manufacturer must:

(a) Update their registration as specified in OAR 918-674-0250. The updated registration must be approved by the division prior to the request for transfer of approval.

(b) Submit a division-approved application form along with the fee specified in this OAR 918-674-0730.

(c) Include a cover letter requesting the transfer by identifying the specific approval(s) that are intended to be transferred. The letter must be signed by the owner or officers of the registered manufacturer.

(d) Surrender any unused insignia of compliance whether in the division’s possession or in the manufacturer’s possession. Any unused insignia will become invalid. Insignia of compliance in a manufacturer’s possession must be promptly returned to the division. The manufacturer must apply for insignia of compliance for projects under the new business name.

(3) A registered manufacturer may request the transfer of an approved plan to another registered manufacturer. Under this scenario, the following requirements apply:

(a) This allowance is a transfer of a division-approved plan from one manufacturer to another manufacturer. This transfer may not be construed to mean there is a shared approval scenario between the two manufacturers regardless of the legal connection between the two manufacturers. The transfer of a division-approved plan to another manufacturer is a one-time transfer. A transferred plan may not be transferred again even if the request is to transfer it back to the original manufacturer.

(b) The manufacturer must submit a division-approved application form along with the fee amount specified in OAR 918-674-0730 for each division-approved plan intended to be transferred.

(c) The manufacturer must include a cover letter requesting the transfer by identifying the specific plan number intended to be transferred. The letter must be signed by the owner or officers of both registered manufacturers.

(d) All unused insignia of compliance in the division’s possession processed for the original manufacturer for projects to be completed by the other manufacturer using the transferred plan become invalid. The manufacturer with the transferred plan must apply for insignia of compliance for projects under their registration.

(4) For the purposes of this rule, a transfer of approval fee is fifty percent of the plan review fees paid for the original plan submittal.

(5) A transfer of approval does not reset a plan’s original approval date. The approval is subject to the validity, renewal, or expiration requirements established in these rules.

(6) The division reserves the right to invalidate any plans, manuals, and insignias when there is an ownership or name change if the division determines the complexities involved exceed limitations of the division’s processes or procedures, or where the manufacturer is unable to comply with division requirements.

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0095, filed 06/30/2026, effective 07/01/2026
BCD 8-2005, f. & cert. ef. 4-1-05
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0095

Or. Admin. R. 918-674-0640 Temporary rule language in effect until 12/27/2026. Production Discontinued by Manufacturer

When a manufacturer discontinues production of an approved product the manufacturer must immediately notify the division and must promptly return all insignia of compliance allocated for such discontinued production.

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0105, filed 06/30/2026, effective 07/01/2026
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0105

Or. Admin. R. 918-674-0650 Temporary rule language in effect until 12/27/2026. Compliance and Right of Entry

(1) The division may conduct inspections at a manufacturer’s facility, at the building site or at the location where a business is registered with the division to receive services to verify compliance with division-approved plans or approvals, and these rules.

(2) Registration with the division in OAR 918-674-0520 constitutes an authorization for the division to inspect a manufacturing facility, business location, or a building site including, but not limited to, the product being produced or completed, the materials being used, the manufacturing processes and plans, reports and records directly related to manufacturing and inspecting.

(3) The division inspectors must be provided physical access by the manufacturer or business to all parts of the manufacturing facility or business location, products, materials and records. The manufacturer or business must provide steps, ladders, tie-offs and scaffolds in accordance with the regulations of the Oregon Occupational Safety and Health division to provide for the inspector’s safety.

(4) The division may revoke or suspend plan approval and deny use of division insignia for failure to comply with this rule.

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0115, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0115

Or. Admin. R. 918-674-0660 Temporary rule language in effect until 12/27/2026. Division Records

(1) The division maintains records according to division policies and procedures for records retention. Records in the division’s possession are subject to Oregon’s public records disclosure laws. Records applicable to the division’s prefabricated structures program are typically retained for two years following expiration of the record. Certain records are retained for longer periods of time.

(2) All material submitted by a registered manufacturer to the division in the form of design plans, engineering data, test results, compliance control manual and other design information relating to the division’s regulation of prefabricated structures are considered confidential information and exempt from public disclosure under ORS 192.355(4) with the following exceptions:

(a) The records are ordered by a court having jurisdiction.

(b) The documents cannot be obtained directly from the manufacturer that submitted them to the division because the manufacturer has ceased operations.

(d) Ten years after the record expired according to these rules.

(3) Persons seeking records for prefabricated buildings approved by the division according to these rules may use one of these options:

(a) Contact the manufacturer of the prefabricated building and request documents; or

(b) Submit a public records request to the division according to division procedures.

(4) There are some records related to prefabricated structures that can be provided by the division without having to submit a public records request, unless the request involves multiple buildings or structures or the records have to be retrieved from the records storage facility. These types of records include, but are not limited to:

(a) Notice of plan review document.

(b) Inspection records.

(d) Oregon insignia of compliance numbers issued by the division for a prefabricated structure.

History

Statutory/Other Authority: ORS 192.355, ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0125, filed 06/30/2026, effective 07/01/2026
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0125

Or. Admin. R. 918-674-0670 Temporary rule language in effect until 12/27/2026. Insignia of Compliance Required

(1) Each prefabricated structure manufactured for sale, lease, rent or installation in Oregon must have an Oregon insignia of compliance affixed according to these rules.

(2) Registered manufacturers and businesses must apply for insignia of compliance by submitting a division-approved application form along with the applicable fees required in OAR 918-674-0730. The insignia application must be received by the division prior to construction of a prefabricated structure or alteration of a prefabricated building.

(3) Oregon insignia of compliance must be affixed prior to a prefabricated structure leaving the manufacturing facility and must be located according to the following:

(a) Each prefabricated building must have an Oregon insignia of compliance affixed to each section, located on an accessible exterior wall or in another conspicuous location approved by the division. Manufacturers of prefabricated buildings operating under a division-approved compliance control program may ship prefabricated buildings to Oregon without Oregon insignia of compliance affixed to the building, provided that the manufacturer submits an inspection request form to the division for an inspection at the building site. The inspection request form must be submitted to the division prior to the building leaving the manufacturing facility.

(b) Each prefabricated component building must have one Oregon insignia of compliance affixed to an accessible exterior wall located nearest the door.

(c) Prefabricated refrigeration panels must have one Oregon insignia of compliance affixed to the exterior side of the panel located nearest the door.

(d) Each prefabricated component not identified in subsection (b) or (c) of this rule must have one Oregon insignia of compliance affixed in a conspicuous location.

(4) Insignia of compliance may not be affixed to any prefabricated building prior to plans being approved and inspections made verifying compliance with the approved plans, Oregon Specialty Codes, and these rules.

(5) All insignias of compliance remain the sole property of the division and may be withdrawn from the manufacturer or prefabricated third-party agency for failure to comply with applicable Oregon laws and administrative rules. Insignia of compliance may be removed from a prefabricated structure where the division determines a prefabricated structure no longer complies with applicable Oregon laws, administrative rules, or Oregon Specialty Codes. Oregon insignia of compliance found in the possession of dealers, distributors, or other unauthorized entities and not affixed to the designated prefabricated structure will be confiscated by the division and will become invalid.

(6) Insignia of compliance are valid as follows:

(a) Insignia of compliance affixed to a prefabricated building are valid indefinitely, provided that the prefabricated building remains in compliance with division-approved plans. Insignia of compliance applied for, but not yet affixed to a prefabricated building, are valid for 90 days following the expiration of the division-approved plan the insignia of compliance was processed under. If a manufacturer fails to request required inspections and complete the inspection process, Oregon insignia of compliance are deemed invalid. Insignia fees will not be refunded for invalid insignias.

(b) Component insignia of compliance affixed for a grouping of prefabricated components is valid indefinitely unless the building the prefabricated components are associated with is altered. If the building is altered, the insignia of compliance becomes invalid. Insignia of compliance issued to a registered manufacturer of prefabricated components but not yet issued to a grouping of prefabricated components does not have an expiration date.

(c) Alteration insignia of compliance affixed to an Oregon-approved prefabricated building is valid indefinitely, provided that the prefabricated building remains in compliance with the division-approved alteration plans. Alteration insignia of compliance applied for but not affixed to an altered prefabricated building is valid for 90 days following expiration of the division-approved plans the insignia of compliance was processed under. If an applicant fails to request required inspections and complete the inspection process, Alteration insignia of compliance are deemed invalid. Insignia fees will not be refunded for invalid insignias.

(7) Manufacturers or businesses that apply for Oregon insignia of compliance but consistently fail to comply with these rules including, but not limited to, completing required inspection processes and issuance of Oregon insignia of compliance, or reporting usage of insignia of compliance for prefabricated components, may be sanctioned by the division. Sanctions may include, but are not limited to, restrictions on services provided by the division, investigation fees, civil penalties, or denied the ability to receive plan review and inspection services from the division or the ability to apply for Oregon insignia of compliance.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0130, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0130

Or. Admin. R. 918-674-0680 Temporary rule language in effect until 12/27/2026. Lost or Damaged Insignia of Compliance

(1) The owner of a prefabricated structure must immediately notify the division in writing of lost or damaged insignias of compliance.

(2) Damaged insignia must be promptly returned to the division. Upon payment of a replacement insignia fee, the division may replace damaged or lost insignia.

(3) It is the responsibility of the owner of a prefabricated structure to comply with division requirements used to determine if a prefabricated structure is eligible for replacement of insignia of compliance. The prefabricated structure must be in compliance with either the original division approval or a division-approved alteration to a prefabricated building. For prefabricated buildings, this means the original occupancy classification and use have not changed and the building has not been altered without prior division approval. Prefabricated components deemed to have been involved in alteration are not eligible for replacement insignia.

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0135, filed 06/30/2026, effective 07/01/2026
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & ef. 3-1-82, Renumbered from 814-050-0135

Or. Admin. R. 918-674-0690 Temporary rule language in effect until 12/27/2026. Unit Identification

(1) Each section of a prefabricated building must have a specific and unique identification serial number assigned by the manufacturer at the time of factory construction to assure continuity of inspections and that insignia of compliance are attached to the proper prefabricated building section.

(2) Prefabricated components must be identified by project number or job number assigned by the manufacturer at the time of factory construction to assure the insignia of compliance is issued to the correct grouping of prefabricated components or attached to the proper component-built building.

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0145, filed 06/30/2026, effective 07/01/2026
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0145

Or. Admin. R. 918-674-0700 Alterations

(1) Prefabricated structures that have Oregon insignia of compliance affixed for the purposes of sale, rent, lease or installation in Oregon are expected to remain in compliance with these rules to maintain the validity of the Oregon insignia of compliance. The division may approve alterations to an Oregon-approved prefabricated building according to these rules.

(a) Alterations apply only to Oregon-approved prefabricated buildings located in Oregon that are required to have Oregon insignia of compliance for the purposes of sale, rent, lease or installation in Oregon.

(b) Alterations to prefabricated buildings are not included under the reciprocity agreement with another state.

(c) Alterations to buildings or structures that have prefabricated components are not regulated under OAR chapter 918, division 674. Alterations to buildings or structures that include prefabricated components that have Oregon insignia affixed invalidates the Oregon insignia of compliance. Local building departments are authorized to regulate alterations to buildings involving prefabricated components. The local building department must remove any Oregon insignia of compliance and return it to the division for alterations associated with prefabricated components.

(2) Alterations include, but are not limited to:

(a) Change of occupancy classification or intended use;

(b) Structural changes that alter the building from its original approval;

(d) Addition or removal of electrical installations involving the building’s electrical system;

(e) Addition or removal of plumbing systems (e.g. adding or removing a restroom); or

(f) Reconfiguring a multi-section building by adding to or splitting up of sections, or the joining of building sections from separately approved prefabricated buildings.

(3) Alterations do not include minor repairs, adjustments or maintenance of equipment, or replacement of equipment and accessories of like kind or better.

(4) The owner of an Oregon-approved prefabricated building intending to alter the building has the option to either maintain the validity of the Oregon insignia of compliance or remove the Oregon insignia of compliance from the building.

(a) If the building owner intends to maintain the validity of the Oregon insignia of compliance, the building owner must use a business that is eligible to receive services from the division. This could be an existing manufacturer or business located in Oregon, provided that the business is registered with the division according to these rules.

(b) Authorization must be obtained from the division prior to a building owner initiating an alteration process with the division. The building owner must demonstrate to the division that the building is an Oregon-approved prefabricated building.

(c) Information necessary for the division to make a determination that a building is an Oregon-approved prefabricated building includes, but is not limited to:

(A) Original division plan approval number.

(B) Oregon insignia of compliance number(s) (photo(s) of the insignia(s) is helpful).

(C) If the building has insignia from another state, it should not be construed to mean the building is eligible to receive any services or approvals from the division.

(D) Serial number(s) issued by the original manufacturer of the prefabricated building. Provide the serial number for each section of a multi-section building.

(E) Lease unit numbers are not acceptable, nor will they be used by the division for any alteration project.

(5) If the division determines the prefabricated building is an Oregon-approved prefabricated building the building owner must comply with the following:

(a) Alteration plans must be submitted with a division-approved application form along with the plan review fees established in OAR 918-674-0730(6)(b). Unless otherwise required, alteration plans should only include the plans specific to the alteration. If the alteration changes the structural engineering of the original building, updated engineering must be submitted. Alteration plans are required to be approved by an Oregon registered design professional for the applicable code discipline(s) to which the alteration applies.

(b) Alteration plans must clearly indicate the location, nature and extent of the work proposed. The plans must show in detail that they conform to the applicable provisions in Oregon adopted specialty codes. Plan submittals must include a cover letter explaining the alteration. If available, include the original division-approved plans to which the building was constructed.

(c) Plans submitted for alterations are only applicable to a single prefabricated building alteration project. Approved alteration plans are valid for 180 days from the date of approval and are not eligible for renewal or extension.

(d) An alteration plan application will be deemed to have been abandoned by the applicant after 180 days following last official request for additional information to the applicant by the division.

(6) Oregon insignia of compliance for the alteration must be applied for at the same time plans are submitted for review. Apply for insignia of compliance by submitting a division-approved application form along with the applicable fees required in OAR 918-674-0730.

(7) Alterations must be inspected by the division as required in applicable Oregon adopted specialty code prior to any work being covered.

(a) Alteration inspections must be requested by electronic mail or other methods as established by the division. The division must be notified a minimum of 48 hours prior to the date an inspection is requested for, excluding weekends and holidays, unless a different time for inspection is set by mutual agreement.

(b) Inspection fees are based on hourly fee rates established in OAR 918-674-0730.

(c) Any costs or delays associated with opening concealed construction for the purposes of determining code compliance is the responsibility of the building owner or applicant.

(d) If the required inspections are approved, Oregon insignia of compliance will be issued to the building.

(e) An Oregon-approved prefabricated building may be altered more than once, provided that each alteration is approved by the division.

(8) Prefabricated buildings discovered or determined to have been altered without prior division approval or other evidence is discovered that reveals the prefabricated building is no longer in compliance with these rules will require Oregon insignia of compliance to be removed from the building. If the discovery or determination is associated with an application for alteration, the alteration application will be canceled. The building owner or applicant must return any Oregon insignia of compliance affixed to the building to the division within 30 days of the date the owner or applicant was notified by the division that the prefabricated building was determined to be out of compliance with these rules.

(9) Once Oregon insignia of compliance are removed from a prefabricated building, the building can never again become an Oregon-approved prefabricated building. The division does not allow any plan review, visual inspection, or other equivalency processes for the purposes of allowing an existing prefabricated building to become an Oregon-approved prefabricated building.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.100, ORS 455.110 & ORS 455.705
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 7-2026, adopt filed 07/01/2026, effective 07/01/2026

Or. Admin. R. 918-674-0710 Existing Buildings

(1) A prefabricated building that was never an Oregon-approved prefabricated building or an Oregon-approved prefabricated building that had Oregon insignia of compliance removed from the building is considered an existing building for the purposes of code compliance in Oregon. Existing buildings are regulated by the local building department where the building is located or the local building department that has jurisdiction where the building will be installed.

(2) Local building departments are authorized to require full code compliance for any existing building located within their jurisdiction. This may include plan review and inspection of the entire building or opening concealed construction necessary to determine code compliance.

History

Statutory/Other Authority: ORS 455.100, ORS 455.110 & ORS 455.705
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 7-2026, adopt filed 07/01/2026, effective 07/01/2026

Or. Admin. R. 918-674-0720 Temporary rule language in effect until 12/27/2026. Prefabricated Components

(1) Manufacturers producing prefabricated components or prefabricated component buildings must:

(a) Submit a compliance control program manual that is specific to a single division registered manufacturing facility. The manual must include, but is not limited to, design and engineering information sufficient enough for the division to verify the manufacturer’s system of performance and capabilities to manufacture prefabricated components for compliance with division requirements and the following:

(A) The method of construction uses closed construction that does not conceal any system that requires a cover inspection prior to leaving the manufacturing facility; and

(B) The materials used meet or exceed the applicable requirements in the Oregon Structural Specialty Code.

(b) The compliance control program manual must be submitted with a completed division-approved application form using the section applicable to compliance control manuals along with applicable fees established in OAR 918-674-0730.

(c) Compliance control program manuals approved by the division will be returned to the manufacturer with a letter of authorization describing specific aspects of the approval.

(2) An approved compliance control program manual does not expire. However, the manufacturer must keep the manual up to date by submitting amendments to the division when there is a change to the approved manual including, but not limited to, changes in manufacturing processes, procedures, methods of construction, materials, or key personnel. An amended compliance control program manual must be submitted to the division using a division-approved application form for a compliance control program along with applicable fees established in OAR 918-674-0730.

(3) Manufacturers of prefabricated components must ensure components are identified as required in OAR 918-674-0690 and that insignia of compliance are affixed according to the applicable provisions in OAR 918-674-0670.

(4) The division does not perform plan review or inspection of individual prefabricated components. Prefabricated components authorized by the division to have insignia of compliance affixed are contemplated to be included in the permit, plan review and inspection process by the local building department where the prefabricated components are associated with a building construction project.

History

Statutory/Other Authority: ORS 455.100 & ORS 455.110
Statutes/Other Implemented: ORS 455.110 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0150, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0150

Or. Admin. R. 918-674-0740 Temporary rule language in effect until 12/27/2026. Division Fees

(1) The following fees are adopted by the division for the purposes of administering and enforcing the division’s prefabricated structures program. The fees in this rule may be incorporated into an electronic system for the purposes of the division calculating fee amounts for plan reviews, inspections, insignias and other fees associated with administering and enforcing the prefabricated structures program.

(2) The fees in this rule do not apply to local building departments where the local building department issues permits and performs plan reviews and inspections for the installation of prefabricated structures as specified in these rules. Local building department must use appropriate fees adopted by the municipality for work under the purview of the local building department.

(3) The plan review and inspection fees established in this rule do not apply to a prefabricated third-party agency. Plan review and inspection fees charged by a prefabricated third-party agency are established through a contractual agreement between the prefabricated third-party agency and the manufacturer they provide service to. Division fees established in this rule for Oregon insignia of compliance may not be changed by a prefabricated third-party agency regardless if the insignia of compliance is for a prefabricated building plan reviewed and inspected by a prefabricated third-party agency.

(4) Registration fees:

(a) Each manufacturing facility manufacturing prefabricated buildings or prefabricated components and businesses performing alterations to Oregon-approved prefabricated buildings: $100;

(b) Annual renewal of registration: $20;

(5) Travel expenses for out-of-state inspections:

(a) In addition to the inspection fees established in section (8) of this rule, the division must be reimbursed for travel expenses for out-of-state inspections based actual costs for published airfare or equivalent, required surface transportation costs, parking fees, and costs for meals and lodging consistent with the allowances established by the Oregon Department of Administrative Services for authorized state employee travel.

(b) Out-of-state travel expenses are calculated based on portal-to-portal methodology.

(6) Plan review fees:

(a) Plan review fees for prefabricated buildings are based on a percentage of the calculated permit fee amount for each code discipline (structural, mechanical, electrical, plumbing). The methodology for calculating plan review fees must be according to the following.

(A) The structural plan review fee for commercial and residential prefabricated buildings is calculated according to the requirements established in OAR 918-460-0030 for commercial projects and OAR 918-480-0020 for residential projects. The methodology for calculation is provided in this rule for convenience.

(i) Determine the building valuation from the Building Valuation Data Table in OAR 918-460-0030 for commercial projects under the Oregon Structural Specialty Code or OAR 918-480-0020 for residential projects under the Oregon Residential Specialty Code.

(ii) For commercial projects the applicant may use either the valuation amount determined from the Building Valuation Data Table or a valuation amount stated by the applicant. The greater of the two valuation amounts will be used by the division.

(iii) Apply the total valuation amount to OAR 918-460-0050 Table 2-S for commercial projects and residential projects.

(iv) The amount calculated is considered the calculated structural permit fee amount.

(v) The structural plan review fee is 65 percent of the calculated structural permit fee amount.

(B) The fire and life safety plan review fee is 40 percent of the calculated structural permit fee amount.

(C) The plumbing plan review fee for commercial and residential prefabricated buildings is calculated by determining the calculated plumbing permit fee using the applicable fee amounts in OAR 918-780-0080 and applying the applicable methodology established in OAR 918-050-0100. The methodology for a plumbing permit fee calculation is provided in this rule for convenience.

(i) For residential projects the base fee amount includes one kitchen and one bathroom. A graduated scale and associated fee applies to each additional bathroom (up to three) or additional kitchens. The total amount is the calculated plumbing permit fee amount.

(ii) For commercial projects use the base fee amount and then add any additional fixtures over the base number of fixtures to calculate the plumbing permit fee amount. The total amount is the calculated plumbing permit fee amount.

(iii) The plumbing plan review fee is 30 percent of the calculated plumbing permit fee amount.

(D) The mechanical plan review fee for commercial and residential prefabricated buildings is calculated according to the requirements established in OAR 918-440-0050 and the applicable fee methodology in 918-050-0100 for commercial projects or OAR 918-480-0020 for residential projects. The methodology for a mechanical permit fee calculation is provided in this rule for convenience.

(i) For commercial projects the applicant must state the value of the mechanical equipment and installation costs and apply that amount to the division’s commercial mechanical permit fee schedule to determine the calculated mechanical permit fee amount.

(ii) For residential projects determine the number of appliances and equipment from OAR 918-440-0050 Table 1-M and add up the fee amounts to determine the calculated mechanical permit fee amount.

(iii) The mechanical plan review fee is 25 percent of the calculated mechanical permit fee amount.

(E) The electrical plan review fee for commercial and residential prefabricated buildings is calculated according to the permit fee amounts established in OAR chapter 918, divisions 309 and 311. Typical methodologies applicable to prefabricated buildings are provided in this rule for convenience.

(i) For one- and two-family dwellings, permit fees are based on the square footage of the building. There is a base permit fee amount for the first 1,000 square feet or less, and an additional fee amount for each additional 500 square feet more than the base 1,000 square feet. The total of these two amounts is the calculated electrical permit fee amount for one- and two-family dwellings.

(ii) For all other buildings or structures there are fee amounts for services, feeders, and branch circuits. Determine the number of services, feeders, branch circuits. The total of all of these fees is the calculated electrical permit fee amount.

(iii) The electrical plan review fee is 25 percent of the calculated electrical permit fee amount.

(b) The hourly fee for a design option plan review or plan review for alterations is $60 per hour, minimum charge of one hour;

(c) The fee for renewal of a valid plan and any applicable design options previously reviewed and approved is 50 percent of the initial plan review fees for both the base plan and any design options;

(d) The fee for additional review of approved plans required by changes, additions or revisions are calculated at the hourly rate established in these rules;

(e) An administrative fee of $100 will be charged for the transfer of an approved plan to another manufacturer;

(f) The fee for reinstatement of plans that have expired or have been revoked by the division, is 100 percent of the appropriate plan review fee;

(g) An administrative fee of $60 for filing an initial Notice to Local Enforcement Agency form and when any changes or revisions are made to a previously approved Notice to Local Enforcement Agency.

(7) Compliance control program fees:

(a) To review manufacturing facility compliance control manual: $400;

(b) For resubmission of a compliance control manual that has been revoked or not approved: $200;

(d) For in-plant, field evaluation or audit of a compliance control program: $60 per hour.

(8) Inspection and service fees:

(a) Inspection fees for each prefabricated building are covered by the permit fee amounts calculated for a prefabricated building and collected by the division after the plans for a prefabricated building have been approved by the division. Calculated permit fee amounts are collected for each prefabricated building constructed for each code discipline associated with that prefabricated building. The maximum number of inspections allowed for each building for each code discipline is established in administrative rules adopted by the division or as specified in Oregon adopted specialty codes.

(b) Fees for other inspections not covered by permit fees for the initial construction of a prefabricated building include, but are not limited to, any required reinspections or alteration inspections, are as follows. Inspection fees include travel time portal-to-portal.

(A) For structural and mechanical inspections, $60 per hour.

(B) For electrical inspections, the fee amount in OAR 918-309-0070.

(c) The permit fee for prefabricated components and sandwich panels is $ 0.03 per square foot of the total surface area for all panels erected. This fee must be paid at the same time an application is made for a single-component insignia of compliance, or it must be remitted to the division within one month of the date a component insignia of compliance was issued by a registered manufacturer authorized to issue insignia of compliance acquired under bulk insignias issuance. Monthly reporting of insignia issuance and payment of fees must be submitted using a division-approved monthly report form.

(d) A fee of $19.50 per hour will be charged for technical consultation, with a minimum charge of one hour.

(9) Insignia of compliance fees:

(a) For a single section prefabricated building or the first section of a multi-section prefabricated building $50;

(b) For each additional section of a multi-section prefabricated building $35;

(d) Alteration insignia of compliance are those fees in subsection (a) and (b) of this section.

(10) Prefabricated third-party agency fees:

(a) Certification application review fee: $400;

(b) Certification renewal fee: $200;

(d) Application for recertification fee: $400;

(e) Monitoring fee: $60 per hour.

(11) Other inspection fees:

(a) Any person who commences any work before obtaining the required plans, inspections, and insignia as established in these rules may be subject to an investigative fee. The amount of the investigative fee is the average or actual additional cost of ensuring that the work is in conformance with these rules and will be in addition to the required permit fees.

(b) In addition to the required inspections, the division may make or require additional inspections to ensure compliance with the provisions of Oregon law, Oregon Specialty Codes and administrative rule.

(12) Plan review fees for reciprocity plan reviews performed by the division are as follows:

(a) One hundred percent of the structural, fire and life safety, mechanical, electrical, and plumbing plan review fees established in this rule when the division is determined to be the receiving state and will be performing a primary plan review.

(b) Where the division is not the receiving state and only performing a secondary plan review:

(A) Fifty percent of the structural plan review fee established in this rule;

(B) One hundred percent of the fire and life safety, mechanical, electrical, and plumbing plan review fees established in this rule.

[Publications: Publications referenced are available from the agency. Tables referenced are not included in rule text.]

History

Statutory/Other Authority: ORS 455.058, ORS 455.095, ORS 455.100, ORS 455.110 & ORS 455.210
Statutes/Other Implemented: ORS 455.210 & ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0155, filed 06/30/2026, effective 07/01/2026
BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018
BCD 11-1999, f. 9-7-99, cert. ef. 10-1-99
BCD 8-1999(Temp), f. & cert. ef. 7-1-99 thru 12-27-99
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
BCD 19-1994, f. 8-30-94, cert. ef. 9-1-94
BCA 27-1993, f. 10-22-93, cert. ef. 11-1-93
BCA 9-1993(Temp), f. 5-28-93, cert. ef. 6-1-93
BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93
BCA 37-1991, f. 10-23-91, cert. ef. 10-31-91
BCA 17-1991(Temp), f. 6-12-91, cert. ef. 7-1-91
DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0155
DC 13-1981, f. 10-30-81, cert. ef. 11-1-81

Or. Admin. R. 918-674-0800 Temporary rule language in effect until 12/27/2026. Prefabricated Third-Party Agency

(1) A prefabricated third-party agency may contract with a manufacturer of prefabricated buildings for plan review and in-plant inspection services under ORS Chapter 455.705 and these rules.

(2) A municipality administering and enforcing a building inspection program under ORS 455.148 or 455.150 may apply to become a prefabricated third-party agency and contract with a prefabricated building manufacturer to provide plan review and in-plant inspection services under ORS Chapter 455.705 and these rules.

(3) The manufacturing facility that a prefabricated third-party agency may contract with must be physically located within the state of Oregon. All prefabricated building manufacturers located outside the state of Oregon must receive services from the division or as allowed under ORS 455.430.

(4) A prefabricated building manufacturer may not contract with more than one prefabricated third-party agency for any one manufacturing facility to provide plan review services or similar inspection services during the same time period unless each prefabricated third-party agency is inspecting a different discipline, such as electrical, plumbing, structural, or mechanical.

(5) A prefabricated third-party agency operates under the authority and direction of the division’s appointed building official charged with the administration of the division’s prefabricated structures program.

(6) A prefabricated third-party agency may not perform plan review or inspection of alterations to Oregon-approved prefabricated buildings unless the division authorizes the prefabricated third-party agency to do so. Authorization is on a case-by-case basis.

(7) Unless specified otherwise, a prefabricated third-party agency provides plan review and inspection services using the applicable provisions in these rules including, but not limited to:

(a) Division adopted definitions in OAR 918-674-0510;

(b) Applicable codes and standards in OAR 918-674-0550;

(d) Plan requirements in OAR’s 918-674-0590 through 918-674-0620;

(e) Compliance and right of entry in OAR 918-674-0650;

(f) Records requirements in OAR 918-674-0660; and

(g) Insignia of compliance provisions in OAR 918-674-0130.

(8) A prefabricated third-party agency may not perform plan reviews or inspections of any prefabricated building associated with a reciprocity project authorized by ORS 455.430.

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0200, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96

Or. Admin. R. 918-674-0810 Temporary rule language in effect until 12/27/2026. Prefabricated Third-Party Agency Application Requirements

(1) Applicants intending to become a prefabricated third-party agency must apply using division-approved forms.

(2) The application for a prefabricated third-party agency includes, but is not limited to the following:

(a) Type of approval being requested (initial approval or amendment);

(b) Applicant’s name, address, email address and telephone number;

(d) Names and titles of principals, officers, directors and major stockholders in the prefabricated third-party agency;

(e) Names and titles of all managers and supervisors employed by the prefabricated third-party agency;

(f) Names and registration numbers of any Oregon registered architects and engineers employed by the prefabricated third-party agency;

(g) Name of person(s) authorized to request and assign Oregon insignias of compliance;

(h) Names and certification numbers of all plans examiners and inspectors used by the prefabricated third-party agency;

(i) Names of prefabricated building manufacturers with whom the prefabricated third-party agency intends to contract, and if this information is not available, the geographical areas in which the prefabricated third-party agency intends to work;

(j) Name and policy number of the general liability insurance carrier as required by OAR 918-674-0830;

(k) Information concerning certification validity and renewal; and

(l) Information required in 918-674-0810(2)(d) through (h) may be submitted on a separate document and an organizational chart.

(3) The applicant for prefabricated third-party agency certification must submit resumes containing qualifications of all persons involved in the management of the agency except for persons certified by the division as a plans examiner or inspector, or as an Oregon-registered design professional.

(4) Each application for certification must include a signed statement by the owner(s) or senior officers of the prefabricated third-party agency declaring the prefabricated third-party agency and its employees are free of any conflict of interest or collusion including, but not limited to, those activities listed in OAR 918-674-0840 and 918-674-0850. In the case of a municipal prefabricated third-party agency, the statement must be signed by the person authorized by the municipality’s governing body.

(5) Each application for certification must include the signature and typed or printed name(s) of the owner(s) or senior officers of the prefabricated third-party agency and the date of application submission. In the case of a municipal prefabricated third-party agency, the application must be signed by the person authorized by the municipality’s governing body.

(6) Each application for certification must be accompanied by a fee as required in OAR 918-674-0730.

(7) The division must approve or deny any completed application for prefabricated third-party agency certification within 60 days of receipt. An incomplete application for prefabricated third-party agency certification will be returned to the applicant.

(8) Persons denied certification as a prefabricated third-party agency from the division may appeal this decision to the division’s Administrator according to OAR 918-674-0880(4).

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0210, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96

Or. Admin. R. 918-674-0820 Temporary rule language in effect until 12/27/2026. Inspector Certification Requirements

(1) A prefabricated third-party agency must employ inspectors and plans examiners who possess a valid certification in accordance with OAR 918, divisions 098, 281, and 695 for the scope of work be performing.

(2) Plans examiners and inspectors employed by a prefabricated third-party agency must maintain their certification according to OAR 918, divisions 098, 281, and 695.

(3) A prefabricated third-party agency must submit to the division an amended application within ten days of the day any certified inspection or plans examiner staff is hired or discharged from the employment of that agency.

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0220, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96

Or. Admin. R. 918-674-0830 Temporary rule language in effect until 12/27/2026. Insurance Requirements

(1) A prefabricated third-party agency must be protected with a minimum one-million-dollar general liability insurance policy.

(2) All applicants for certification as a prefabricated third-party agency must provide proof of insurance, including but not limited to the name of the insurance company, the amount for which it is insured and the policy number.

(3) A prefabricated third-party agency must authorize its insurance carrier to notify the division upon any change to or cancellation of the insurance required by section (1) of this rule.

(4) A prefabricated third-party agency that cancels or loses the minimum required insurance will have their certification revoked.

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0230, filed 06/30/2026, effective 07/01/2026
BCD 4-1997, f. 3-18-97, cert. ef. 4-1-97
BCD 29-1996(Temp), f. 12-31-96, cert. ef. 1-1-97
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96

Or. Admin. R. 918-674-0840 Temporary rule language in effect until 12/27/2026. Conflict of Interest and Collusion

(1) A prefabricated third-party agency and its agents must be free of any conflicts of interest, affiliation, influence, collusion, control or fraud involving any supplier or manufacturer of prefabricated buildings with whom it has contracted to perform plan review or inspection services. This prohibition must include, but not be limited to, the following:

(a) A prefabricated third-party agency and its owners, directors, management personnel, architects, engineers, plans examiners or inspectors may not hold stock or have any ownership or managerial affiliation with any supplier, dealer, distributor or manufacturer of prefabricated buildings;

(b) A prefabricated third-party agency may not promote any manufacturer of prefabricated buildings or a manufacturer’s product;

(c) The employment status of any prefabricated third-party agency personnel must be free of influence or control by any dealer, distributor, supplier or manufacturer of prefabricated buildings;

(d) A prefabricated third-party agency may not review or approve plans or inspect any work that was produced or participated in whole or in part by a member of the prefabricated third-party agency’s staff or by a member of the staff of any affiliated organization;

(e) When a prefabricated third-party agency contracts with a supplier or manufacturer of prefabricated buildings to perform plan review or inspection services, it must, within ten days of signing, provide a statement to the division that it is free of any conflicts of interest, affiliation, influence, collusion, control or fraud in connection with the supplier or manufacturer; and

(f) A prefabricated third-party agency may not perform or participate in design or engineering services for the same prefabricated building manufacturer(s) with which it has contracted to perform plan review or inspection services.

(2) Manufacturers of prefabricated buildings must be free of any conflicts of interest, affiliation, influence, collusion, control or fraud involving any certified prefabricated third-party agency with whom it has contracted to perform plan review or inspection services. This prohibition must include, but not be limited to:

(a) A manufacturer and its owners, directors, management personnel, architects or engineers may not hold stock or have any ownership or managerial affiliation with any certified prefabricated third-party agency;

(b) The employment status of any supplier or manufacturing personnel must be free of influence or control by any prefabricated third-party agency;

(c) No employee or officer of a supplier or manufacturer may perform consulting or engineering services for the same prefabricated third-party agency with whom it has contracted to perform plan review or inspection services.

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0240, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96

Or. Admin. R. 918-674-0850 Temporary rule language in effect until 12/27/2026. Contractual Agreements

(1) A prefabricated third-party agency must execute a written contract with any manufacturer of prefabricated buildings for the performance of plan review or inspection services.

(2) Contracts must describe all services to be rendered by the prefabricated third-party agency to the manufacturer of prefabricated buildings and the method of computing payment for the services.

(3) Contracts between a prefabricated third-party agency and a manufacturer of prefabricated buildings may not contain any language or intent that is in violation of Oregon law, the Oregon Specialty Codes or these rules.

(4) A copy of each contract must be submitted to the division for approval within ten days of signing and not less than 30 days prior to the prefabricated third-party agency commencing work under the contract.

(5) The division will disapprove any contract found in violation of applicable Oregon law, ORS Chapter 455 or these rules.

(6) A prefabricated third-party agency must, within ten days of cancellation of a contract, notify the division in writing of the circumstances that led to the contract cancellation.

(7) A prefabricated third-party agency must submit to the division a copy of a renewed contract within ten days of renewal and not less than 30 days prior to the effective date of the renewed contract.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0250, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96

Or. Admin. R. 918-674-0860 Plan Approvals, Inspections and Oregon Insignia of Compliance

(1) A prefabricated third-party agency must comply with the following requirements for plan approvals and Oregon insignia of compliance.

(2) A prefabricated third-party agency must use a plan number naming convention approved by the division. The purpose is to establish consistency with plan numbering used by the division.

(3) Plans approved by a prefabricated third-party agency may only be valid for the period of time specified in OAR 918-674-0610.

(4) Inspections performed by a prefabricated third-party agency must comply with the applicable inspection requirements established in OAR 918-674-0570.

(5) Applications for Oregon insignia of compliance for prefabricated buildings plan reviewed and inspected by a prefabricated third-party agency must be submitted to the division by the manufacturer.

(a) Applications for Oregon insignia of compliance must be submitted using a division-approved application form along with the applicable fees required in OAR 918-674-0730. The insignia application must be received by the division prior to construction of a prefabricated building.

(b) Approved applications for Oregon insignia of compliance will be sent to the prefabricated third-party agency along with the requested insignias.

(c) Upon receipt, the prefabricated third-party agency must verify the Oregon insignias of compliance have been received in satisfactory condition and contain the correct information. Any Oregon insignias of compliance damaged or containing incorrect information must be returned to the division immediately for replacement.

(d) A prefabricated third-party agency must designate at least one individual, but not more than two individuals, in their organization authorized to receive Oregon insignia of compliance. The division will only issue insignias of compliance to the person(s) authorized by the prefabricated third-party agency.

(e) A prefabricated third-party agency is responsible for Oregon insignia of compliance from the time they are received until affixed to the prefabricated building. The prefabricated third-party agency must ensure Oregon insignia of compliance are secured under lock and key until issued.

(f) A prefabricated third-party agency is responsible for issuing Oregon insignia of compliance to a prefabricated building the prefabricated third-party agency performed plan review for and inspected.

(g) Oregon insignia of compliance not issued to a prefabricated building are valid for 90 days after the expiration date of the approved plan the insignia was issued under. Oregon insignia of compliance not issued to a prefabricated building must be returned to the division with a reason why the insignia was not issued.

(h) When a manufacturer’s registration expires or has been revoked by the division, a prefabricated third-party agency may not issue any insignias of compliance to any prefabricated building manufactured by that manufacturer. The prefabricated third-party agency must return to the division all unused insignia of compliance after a manufacturer’s registration expires or has been canceled by the division.

(i) Oregon insignia of compliance remain the sole property of the division and may be withdrawn from the prefabricated third-party for failure to comply with applicable Oregon laws and administrative rules or failure to comply with Oregon Specialty Codes. Oregon insignia of compliance found in the possession of dealers, distributors, or other unauthorized entities and not affixed to the designated prefabricated building will be confiscated by the division and will become invalid.

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 7-2026, adopt filed 07/01/2026, effective 07/01/2026

Or. Admin. R. 918-674-0870 Temporary rule language in effect until 12/27/2026. Prefabricated Third-Party Certification Renewal

(1) A prefabricated third-party agency must renew its prefabricated third-party certification by April 1, 2024, and every three years thereafter.

(2) Renewal notices are mailed to the mailing address on file with the division approximately 60 days from the expiration date. Renewal notices must be received by the division prior to the expiration date along with the renewal fee specified OAR 918-674-0730.

(3) When a prefabricated third-party agency certification expires as a result of failure to renew with the division, the prefabricated third-party agency may not accept any new plan submittals or plan revisions, perform any plan reviews or inspections, or apply for or issue any Oregon insignia of compliance.

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0260, filed 06/30/2026, effective 07/01/2026
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96

Or. Admin. R. 918-674-0880 Temporary rule language in effect until 12/27/2026. Revocation of Prefabricated Third-Party Certification and Appeal Process

(1) The division may deny, suspend, revoke or cancel a prefabricated third-party agency’s certification if the division finds the prefabricated third-party agency has violated Oregon law, the Oregon Specialty Codes, these rules or has:

(a) Employed or contracted with uncertified inspectors and plans examiners;

(b) Failed to control and provide for the security of Oregon insignias of compliance;

(d) Failed to maintain plan review or inspection report records;

(e) Failed to perform plan reviews or inspections in a timely manner at the frequency required;

(f) Failed to meet the division’s reporting requirements; or

(g) Failed to pay the appropriate fees to the division.

(2) The division will deny, suspend, revoke or cancel a prefabricated third-party agency certification if the division finds the prefabricated third-party agency has:

(a) Entered into a conflict of interest as described in these rules;

(b) Provided or participated in design or engineering work of or for a client;

(d) Altered or falsified plan review or inspection reports or records; or

(e) Failed to obtain or maintain general liability insurance.

(3) When a prefabricated third-party agency certification has been revoked by the division, the prefabricated third-party agency must immediately return all unused Oregon insignia of compliance to the division.

(4) A prefabricated third-party agency whose certification has been denied, suspended, revoked or canceled may submit a formal appeal to the Building Codes Division Administrator and request contested case procedures under the Administrative Procedures Act, ORS Chapter 183.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0270, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 4-1997, f. 3-18-97, cert. ef. 4-1-97
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96

Or. Admin. R. 918-674-0890 Temporary rule language in effect until 12/27/2026. Record Keeping Requirements

(1) A prefabricated third-party agency must maintain records according to the following:

(a) Approved plans and associated construction documents and inspection reports for essential facilities and publicly owned buildings must be kept permanently.

(b) All approved insignia applications must be kept permanently.

(c) All other approved plans and associated construction documents and inspection reports may be destroyed two years following the expiration date of the plan.

(d) All other records associated with the prefabricated third-party agency certification specified in these rules must be kept a minimum of four years following expiration or use.

(2) All records associated with subsection (1)(a) and (b) of this rule must be transferred to the division when the prefabricated third-party agency ceases operations or has been revoked by the division.

(3) A prefabricated third-party agency may be required to provide records to the division for the purposes of determining compliance with Oregon public records laws.

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0280, filed 06/30/2026, effective 07/01/2026
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96

Or. Admin. R. 918-674-0900 Temporary rule language in effect until 12/27/2026. Reporting Requirements

(1) Each prefabricated third-party agency must submit a monthly activity report to the division by the tenth day of each month for the preceding month.

(a) The monthly activity report must be submitted using division-approved form and must be submitted by electronic mail.

(b) Monthly activity reports must be completed for each manufacturer with which the prefabricated third-party agency contracts and must contain:

(A) The prefabricated third-party agency’s name, address, telephone number and certification number;

(B) The date of the report and the reporting period;

(D) The total number of prefabricated building inspections or plan reviews, the total number of prefabricated buildings reinspected and the total number of prefabricated buildings produced for siting in Oregon;

(E) The total number of insignias of compliance issued by the prefabricated third-party agency;

(F) Signed copies of all insignia of compliance applications;

(G) The number, type and date of all tests observed by the prefabricated third-party agency;

(H) The serial number, plan approval number, occupancy, insignia of compliance number of each prefabricated building inspected;

(I) The destination of each prefabricated building inspected including street address and city; and

(J) The signature, printed name and title of the authorized person submitting the activity report.

(2) Any amendments to the prefabricated third-party agency’s certification approval not already reported must be attached to the monthly activity report.

(3) The prefabricated third-party agency must, upon discovery, immediately submit any corrections to the monthly activity report to the division.

(4) A prefabricated third-party agency is required to notify the division the cancellation of the division’s registration of a prefabricated building manufacturer when:

(a) Inspections reveal the manufacturer consistently fails to comply with approved plans or the Oregon Specialty Codes;

(b) A manufacturer relocates without giving prior notice to the prefabricated third-party and the division; or

(c) A manufacturer builds prefabricated buildings without first obtaining approved plans from the prefabricated third-party agency.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0290, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96

Or. Admin. R. 918-674-0910 Temporary rule language in effect until 12/27/2026. Monitoring of Prefabricated Third-Party Agencies

(1) A prefabricated third-party agency must provide the division with an agreement in writing that the division has the right to monitor the prefabricated third party’s performance as described in this rule. Monitoring will be accomplished by examining:

(a) The performance of individuals completing the duties outlined in these rules;

(b) Records, reports and plans within the office of the prefabricated third-party agency;

(d) Finished products held by a dealer, distributor or leasing agent; and

(e) Finished products installed at the building site.

(2) The division will conduct monitoring of a prefabricated third-party agency with or without prior notice during any reasonable time.

(3) The division will monitor the work performed by a prefabricated third-party agency and may make additional observations that are not part of the monitoring effort and will not reflect on the prefabricated third-party agency’s performance unless they are missed in a subsequent inspection.

(4) Division monitoring may take place at the prefabricated third-party agency office, at the manufacturing facility, at dealer or distributor lots or at the installation site. Upon conclusion of the monitoring, monitoring reports will be forwarded to the prefabricated third-party agency as quickly as possible.

(5) The division will review and monitor the records and performance of each prefabricated third-party agency to assure conformance with ORS Chapter 455, the Oregon Specialty Codes and these rules. The division will review and monitor each prefabricated third-party agency at least once every three months or see at least ten percent of a prefabricated third-party agency’s work.

(6) The prefabricated third-party agency or the manufacturer must make available to the division all requested documents including but not limited to:

(a) Inspection reports;

(b) Reviewed and approved plans;

(d) Notices to local enforcement agencies;

(e) Test records and reports;

(f) Copies of division-approved alternate methods and materials; and

(g) Contracts.

(7) A prefabricated third-party agency must pay all monitoring fees according to OAR 918-674-0730.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.705
Statutes/Other Implemented: ORS 455.705
BCD 8-2026, temporary amend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
BCD 5-2026, renumbered from 918-674-0300, filed 06/30/2026, effective 07/01/2026
BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96

Division 690 PLUMBING ADMINISTRATION AND DEFINITIONS

Or. Admin. R. 918-690-0320 Purpose

The purpose of these regulations is to provide minimum standards to safeguard life or limb, property, and public welfare, by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance, of all plumbing systems and plumbing fixtures in all buildings or structures within this state, medical gas and medical vacuum systems, solar heating and cooling systems and certain other plumbing systems and plumbing fixtures specifically regulated herein.

History

Statutory/Other Authority: ORS 447.010 & 447.020
Statutes/Other Implemented: ORS 447.010 & 447.020
BCD 13-2002, f. 6-28-02, cert. ef. 7-1-02
BCD 27-2000, f. 10-13-00 cert. ef. 10-01-01
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-750-0015
DC 39-1975, f. 1-6-75, cert. ef. 2-1-75, Renumbered from 814-021-0102

Or. Admin. R. 918-690-0350 Plumbing Specialty Code Appeals, ORS 455.690

All code-related appeals from a municipal appeals board or from a subordinate officer of the division are under ORS 455.690.

(1) The person appealing shall prepare a statement showing:

(a) Parties involved, addresses, telephone and FAX numbers, if available;

(b) Code section involved;

(d) Whether the inspecting jurisdiction issued a “stop work” order.

(2) The person being appealed shall file a copy of the written interpretation or decision, advise if a stop work order was issued and detail the immediate hazards involved.

History

Statutory/Other Authority: ORS 447.020
Statutes/Other Implemented: ORS 455.690
Reverted to BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98
Suspended by BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98

Or. Admin. R. 918-690-0410 Cross Reference to Statutes

Statutory plumbing definitions are generally in ORS 447.010 and 693.010. The following are among words defined by statute:

(1) “Board” is defined in ORS 447.010;

(2) “Building sewer” is defined in ORS 701.348;

(3) “Journeyman Plumber” is defined in ORS 693.010;

(4) “Limited Specialty Plumber” is defined by ORS 693.103;

(5) “Plumbing” is defined in ORS 447.010.

History

Statutory/Other Authority: ORS 447.020
Statutes/Other Implemented: ORS 447.020
BCD 2-2011, f. & cert. ef. 2-15-11
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98

Or. Admin. R. 918-690-0420 Definitions

Scope of definitions:

(1) “Administrator” means the Administrator of the Building Codes Division.

(2) “Alterations” means to change, to take away, or to add to.

(3) “Apprenticeship Plumbing Experience” means experience equivalent to the training standards of the Oregon State Apprenticeship Program for the specific category of plumber.

(4) “Commercial or Industrial Installation” means an installation of plumbing fixtures in a commercial or public building and in areas of an apartment building, hotel, motel, or similar residential structure, open and available for use by the public at large, or by employees.

(5) “Division” means the Building Codes Division.

(6) “Equivalent Experience” means legal work experience gained outside the State of Oregon equal to general journeyman plumbing experience or apprenticeship plumbing experience.

(7) “Existing Work” is defined in the Oregon Plumbing Specialty Code.

(8) “General Journeyman Plumbing Experience” means experience equivalent to the standards required for completion of the Oregon State Apprenticeship Program.

(9) “Inspection” means careful investigation, critical examination, or official examination and review of the plumbing installation at the site of the installation.

(10) “Limited Specialty Plumber” means any person holding a valid limited specialty plumber’s certificate of competency issued under ORS 693.103 and these rules.

(11) “Medical Gas” means any gas and vacuum system or equipment intended for medical and dental procedures in health care and non-health care facilities within the scope of the Oregon Plumbing Specialty Code as defined in OAR 918-750-0110.

(12) “Oregon Plumbing Specialty Code” means the combined codes and standards adopted in OAR 918-750-0110.

(13) “Solar Heating and Cooling System” means any configuration of plumbing equipment and components to collect, convey, store and convert the sun’s energy for the purpose of heating or cooling potable water.

(14) “Water Supply System” is defined in the Oregon Plumbing Specialty Code.

[Publications: Publications referenced are available for review at the agency.]

History

Statutory/Other Authority: ORS 447.010, 447.020, 455.110 & 693.103
Statutes/Other Implemented: ORS 447.010, 447.020, 455.110 & 693.103
BCD 2-2011, f. & cert. ef. 2-15-11
BCD 24-2004, f. 12-15-04, cert. ef. 4-1-05
BCD 13-2002, f. 6-28-02, cert. ef. 7-1-02
BC-22-2000, f. 9-19-00, cert. ef. 10-1-00
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-690-0005
BCA 26-1993, f. 10-22-93, cert. ef. 11-1-93
BCA 19-1993(Temp), 8-26-93, cert. ef. 9-1-93
BCA 18-1991, f. & cert. ef. 6-12-91
DC 2-1983, f. & ef. 1-3-83, Renumbered from 814-020-0006
DC 25-1978, f. 9-5-78, cert. ef. 9-20-78, Renumbered from 814-021-0500
DC 4-1971, f. 8-13-71, cert. ef. 9-11-71

Or. Admin. R. 918-690-0440 Plumbing Section

The chief plumbing inspector is charged with the organization and enforcement of the Oregon Plumbing Specialty Code created under ORS 447.020 and defined as a Specialty Code under ORS 455.010, as a part of the State Building Code under ORS 455.010.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.020
Statutes/Other Implemented: ORS 447.020
Renumbered from 918-785-0100, BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-760-0010
DC 1-1983, f. & cert. ef. 1-3-83, Renumbered from 814-021-0113
DC 39-1975, f. 1-6-75, cert. ef. 2-1-75

Or. Admin. R. 918-690-0450 Powers and Duties of the Chief Plumbing Inspector

(1) The chief plumbing inspector is authorized and directed to enforce all the provisions of the Oregon Plumbing Specialty Code and to assist in enforcement of the pertinent regulations of the Oregon Structural Specialty Code.

(2) The chief plumbing inspector and the building official are authorized and directed under provisions of ORS Chapters 447, 455 and 693 to enforce all provisions, rules and regulations governing plumbing systems and plumbing fixtures in effect on the date of adoption of the Oregon Plumbing Specialty Code when requested by federal, state or municipal agencies whose rules and regulations require conformity to this code as a condition of acceptance, licensing, operation or occupancy.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.020
Statutes/Other Implemented: ORS 447.020
Renumbered from 918-785-0110, BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-760-0015
DC 1-1983, f. & cert. ef. 1-3-83, Renumbered from 814-021-0114
DC 8-1981, f. & cert. ef. 7-2-81
DC 32-1978, f. 12-19-78, cert. ef. 1-1-79
DC 39-1975, f. 1-6-75, cert. ef. 2-1-75

Division 695 PLUMBING LICENSING AND CERTIFICATION

Or. Admin. R. 918-695-0000 Licensing Authority, Scope and References

(1) The board's licensing authority is in ORS Chapters 447, 670 and 693.

(2) These rules cover licensing requirements for plumbers.

(3) Cross References. Statutory licensing requirements are in:

(a) ORS 693.030 for when individual plumbing licensing is required;

(b) ORS 447.030 for when plumbing contractor licensing is required;

(d) ORS 693.103 for limited specialty plumbing licensing.

(4) It shall be the obligation of every employer to comply with all applicable plumbing licensing laws. Registered plumbing businesses shall not allow an unlicensed employee to perform plumbing work.

(5) It shall be unlawful for any licensed person to allow the use of their plumbing license by others to install plumbing work, or for the purposes of obtaining a permit or inspection.

(6) Licenses required under this section shall be carried at all times when performing plumbing work and shall be displayed at the request of any administrative authority.

History

Statutory/Other Authority: ORS 670.310 & 693.100
Statutes/Other Implemented: ORS 693.100
BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00
BCD 21-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98

Or. Admin. R. 918-695-0020 License Exemptions

(1) A license is not required for:

(a) A person to do the person's own work on the person's own residential building on the person's own premises, if the person complies with OAR chapter 918, division 690 and the plumbing requirements of the Oregon Residential Specialty Code ; or

(b) To test, repair, service, maintain, install or replace any new or existing potable water pump equipment not exceeding seven and one-half horsepower on residential property and piping between such pump and storage tanks for such pumps, provided the person complies with all other provisions of OAR chapter 918, division 690.

(2) All plumbing installations, alterations or remodeling in a commercial or industrial building being constructed or being offered for sale, exchange, rent or lease shall be made by a licensed Oregon journeyman plumber or by a registered Oregon apprentice plumber.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.060 & 693.020
Statutes/Other Implemented: ORS 447.060 & 693.020
BCD 16-2019, amend filed 12/12/2019, effective 01/01/2020
BCD 4-2018, amend filed 03/13/2018, effective 04/01/2018
BCD 15-2017, temporary amend filed 12/21/2017, effective 01/01/2018 through 06/29/2018
BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00
BCD 21-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-690-0055
DC 2-1983, f. & cert. ef. 1-3-83, Renumbered from 814-020-0040

Or. Admin. R. 918-695-0030 Journeyman Plumber Qualifications

Qualifications. The minimum qualifications to take the journeyman plumber's license examination are:

(1) Satisfactory completion of a minimum four-year plumbing apprentice program in Oregon; or

(2) By meeting the following academic training and on-the-job experience equivalency requirements:

(a) at least 576 hours of academic training generally in the following as it applies to plumbing:

(A) Materials, Tools, Equipment;

(B) Mathematics, Science;

(D) Plumbing and Related Codes;

(E) Drainage (DWV) Installations;

(F) Water Systems, Installations;

(G) Safety and First Aid;

(H) Blueprint Reading;

(I) Seismic Restraints.

(b) 7700 hours of on-the-job experience as an apprentice plumber, lawful journeyman plumber, or combination of both; that experience must meet the following minimum requirements:

(A) Sewerage: Sanitary and Storm Piping, Disposal:

(i) Residential — 300;

(ii) Commercial — 300.

(B) Drainage, Waste and Vent Piping (DWV):

(i) Residential — 1,300;

(ii) Commercial — 1,300.

(i) Residential — 200;

(ii) Commercial — 200.

(D) Water: Supply, Services, Mains, Appurtenances:

(i) Residential — 1,100;

(ii) Commercial — 1,100.

(E) Fixtures, Appliances, Trim and Supports:

(i) Residential — 700;

(ii) Commercial — 700.

(F) Miscellaneous Plumbing, Piping, Repair and Maintenance:

(i) Residential — 250;

(ii) Commercial — 250.

(G) Total Minimum Subject Hours:

(i) Residential — 3,850;

(ii) Commercial — 3,850.

(c) A person with more than the minimum on-the-job hours in any one specific item category may substitute up to 20 percent of the excess hours to meet the related minimum residential or commercial experience requirements in the same category.

(3) Journeyman plumber license applicants may alternatively submit verification of twice the amount of equivalent work experience in each category listed in section (2)(b) required for the license; this alternate requirement is also subject to the substitution option detailed in section (2)(c). Work experience must have been lawfully obtained while holding a license that includes the scope of work of an Oregon journeyman plumber license.

History

Statutory/Other Authority: ORS 693.060
Statutes/Other Implemented: ORS 693.060
BCD 4-2022, amend filed 06/30/2022, effective 07/01/2022
BCD 13-2004, f. 9-7-04, cert. ef. 10-1-04
BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98

Or. Admin. R. 918-695-0035 Medical Gas Installer License

(1) All persons engaged in the installation, alteration or repair of medical gas and vacuum systems shall be certified in accordance with the requirements of this section. Installation and repair of electrical devices and other components not related or directly attached to the medical gas service equipment or distribution systems are exempt from the requirements of this section.

(2) Qualifications. The minimum qualifications to install medical gas systems are a current and valid:

(a) Oregon journeyman plumber license or registration as an Oregon apprentice plumber; and

(b) Certification for medical gas installer issued by a division-approved certifying organization meeting the provisions of ASSE 6010-1997 Professional Qualifications Standard for Medical Gas Systems Installers; or

(c) Persons possessing special certification by the board to install medical gas and vacuum systems while in the employ of a business holding a special medical gas registration to install, repair and maintain medical gas systems and possessing a valid medical gas installer certification as defined under subsection (2)(b) of this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.010
Statutes/Other Implemented: ORS 447.010
BCD 3-2002, f. 3-5-02, cert. ef. 4-1-02
BCD 27-2000, f. 10-13-00 cert. ef. 10-01-01

Or. Admin. R. 918-695-0038 Special Business Registration and Installer Certification for Medical Gas Systems

(1) The State Plumbing Board shall issue a special registration to businesses that provide the following:

(a) Completed and signed division application for special business registration and evidence that demonstrates that the medical gas system installation, maintenance or repair activity of the business in Oregon was substantial during the two-year period commencing October 23, 1997, and ending October 23, 1999. "Substantial" activity under this subsection means documentary evidence in the form of two separate signed statements from an Oregon Certified Public Accountant and an Oregon business owner attesting that the company has done at least 40 medical gas piping projects or at least $75,000 of gross business installing medical gas systems during the two-year period commencing October 23, 1997, and ending October 23, 1999;

(b) The issuance fee of $50; and

(c) Names of all employees who are engaged in medical gas system installation, maintenance or repair of medical gas systems by the business.

(2) The division shall issue a special medical gas installer certification to qualified persons who provide the following:

(a) Completed and signed division application for special medical gas installer certification;

(b) The issuance fee of $50; and

(3) All registrations and certifications issued under these rules shall be renewed annually and no registration or certificate shall be issued or active after July 1, 2006.

History

Statutory/Other Authority: 2001 OL & Ch. 629
Statutes/Other Implemented: 2001 OL & Ch. 629
BCD 8-2005, f. & cert. ef. 4-1-05
BCD 3-2002, f. 3-5-02, cert. ef. 4-1-02

Or. Admin. R. 918-695-0040 Journeyman Examination

Examination requirements. An applicant for certification as a journeyman plumber shall pass an approved examination. The written examination shall cover, but not be limited to:

(1) Understanding of engineering and architectural drawings and plans sufficient to prepare a bill of materials and lay out a plumbing system;

(2) Ability to compute areas of regular plane figures, volumes of regular solids, slopes, offsets, clearances, and weights of piping;

(3) Selection and use of tools, materials and techniques commonly used in the plumbing trade;

(4) The Plumbing Specialty Code, administrative rules relating to plumbing and plumbers and general scientific principles covering hydraulics;

(5) A general knowledge of construction job safety and occupational safety standards; and

(6) A basic understanding of disabled access provisions of the Oregon Structural Specialty Code related to plumbing.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.117, 693.030 & 693.120
Statutes/Other Implemented: ORS 455.117 & 693.120
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98

Or. Admin. R. 918-695-0100 Procedures for Submitting Training Proposals for Limited Specialty Plumbers

(1) The employer shall submit to the board a detailed description of the training program and the means of its administration for the branch of the plumbing trade which the employer will conduct under OAR 918-695-0100.

(2) Program description shall include:

(a) The term of on-the-job training, including the minimum time required to learn, and the maximum time required by the employer to provide training, including any procedures for evaluating and crediting prior plumbing experience of the trainee;

(b) A breakdown of the job experience into work processes, and the number of hours of on-the-job training to be devoted to each work process;

(A) The total hours of related training in addition to the on-the-job training;

(B) A breakdown of the related training into segments of instruction and hours to be devoted to each segment;

(D) The name of the related training instructor, if any, along with the instructor’s qualifications in subject matter by experience and training; or

(E) The name of the correspondence course, together with any supplemental material to be used for related training; and

(d) The type and degree of on-the-job supervision of the trainee, including provision for assigning trainees to work under the supervision of a licensed journeyman or limited specialty plumber to the full extent necessary to insure proper training.

(3) Procedures to provide for periodic evaluation and reporting of the trainee’s program effectiveness, and the maintenance of records of these evaluations shall be made available to the division and the board upon request.

(4) Methods of evaluating the trainee shall be established and the evaluations reported at least annually to the division and the board. Evaluations include rating of the trainee’s on-the-job progress by the trainee’s supervisor and testing of the trainee’s related training progress by the trainee’s instructor or through a correspondence school.

History

Statutory/Other Authority: ORS 693.103
Statutes/Other Implemented: ORS 693.103
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-690-0052
BCA 18-1991, f. & cert. ef. 6-12-91

Or. Admin. R. 918-695-0110 Licensing Reciprocal Agreements

Acting under the authority of ORS 670.380, the administrator with the consent of the board:

(1) Establishes a list of states that have standards, qualifications and examinations for licensing or registration of journeyman plumbers substantially similar to that of Oregon; and

(2) Enters into reciprocal agreements to issue certifications of registration as journeyman plumbers without examination.

(3) A person licensed under a reciprocal agreement shall:

(a) Pay required and timely registration and renewal fees; and

(b) Comply with continuing education requirements following the reciprocal licensing. Payment of fees and Oregon continuing education requirements are required for reciprocal licensing.

History

Statutory/Other Authority: ORS 670.380
Statutes/Other Implemented: ORS 670.380
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98

Or. Admin. R. 918-695-0120 Limited Specialty Plumber Classification for Limited Maintenance Electrical Contractors

(1) Authorization and Scope. This rule creates a limited specialty plumbing license to install and replace residential water heaters.

(2) Persons Eligible for Licensing. A registered plumbing contractor also licensed under ORS 479.630 as an electrical limited maintenance specialty contractor can apply for this license. This allows licensing of:

(a) An individual holding a Limited Maintenance Specialty Contractor License;

(b) Officers or employees designated by a corporate Limited Specialty Contractor; or

(3) Employees of a sole proprietor or of a partnership identified in subsections (2)(a) and (c) of this rule cannot be licensed under this rule.

(4) Procedure for Licensing. An applicant for licensing shall:

(a) Pay applicable fees;

(b) Have the application signed by the plumbing-electrical contractor;

(c) Attend an approved eight-hour training class for limited specialty residential water heater plumbing installation; and

(d) Pass a division-approved examination.

(5) Training Class and Examination Requirements.

(a) A limited specialty residential water heater plumbing class shall cover the requirements for installation of residential water heaters and the related administrative and enforcement provisions in statutes, rules and codes to obtain Chief Plumbing Inspector approval.

(b) The examination shall test applicant's knowledge of the items covered in subsection (a) of this section.

(6) Scope of Plumbing Authorized. As used in ORS 693.103(2):

(a) "Installation and replacement of one- or two-family dwelling residential water heaters" includes open (non-covered and not intended to be covered) plumbing work in a one- or two-family dwelling related to work listed in (A)-(C) below; that does not include any work that changes the location of the water heater.

(A) Replacement or fuel conversion of an existing water heater, including:

(i) Conversion to a different fuel type;

(ii) Replacement of a storage tank water heater with an instantaneous on demand water heater; and

(iii) Replacement of an instantaneous on demand water heater with a storage tank water heater.

(B) Installation of up to two nipples with no nipple exceeding six inches and flex piping not exceeding 96 inches for each of the cold and hot water connections; and

(b) "Existing plumbing" means the exposed pre-installed approved cold water supply piping used or designed to connect to the water heater extending to the exposed cold water shut-off supply valve. If there is no cold water shut-off supply valve, "existing plumbing" extends to and includes the connected water heater and does not allow a replacement by a limited specialty plumbing licensee under these rules.

(c) "Alteration of existing plumbing" means any changes to existing plumbing and includes installation or replacement of a cold water shut-off supply valve regardless of whether one was initially installed. Alterations are not authorized under these rules and the limited specialty plumbing license.

History

Statutory/Other Authority: ORS 693.103
Statutes/Other Implemented: ORS 693.103
BCD 19-2020, amend filed 09/29/2020, effective 10/01/2020
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-690-0075
BCD 16-1994, f. 7-21-94, cert. ef. 9-1-94

Or. Admin. R. 918-695-0125 Limited Specialty Plumber Certificate of Competency for Solar Heating and Cooling System Installers

(1) Authorization and Scope. This rule creates a limited specialty plumbing certificate of competency to install and replace solar heating and cooling systems.

(2) Persons eligible for licensing. The experience and training requirements for licensure are:

(a) A minimum of 2,000 hours on-the-job verifiable experience installing solar heating or cooling systems prior to July 1, 2002 if the application is received between July 1, 2002 and July 1, 2004; or

(b) Satisfactory completion of a division-approved training program for Limited Specialty Plumber Solar Heating and Cooling Installers that includes the following:

(A) A minimum of 288 hours of classroom training; and

(B) A minimum of 2,000 hours of supervised on-the-job training; or

(A) General items — 500 hours of experience and training in:

(i) Materials, tools and equipment;

(ii) Mathematics and science;

(iii) Soldering and brazing;

(iv) Safety and Basic first aid;

(v) Blueprints and solar codes;

(vi) Water piping systems;

(vii) Basic electricity;

(viii) Administrative rules.

(B) Specific training or work experience in:

(i) Plumbing of solar thermal systems — 500 hours;

(ii) Installation of balance of system equipment — 500 hours;

(iii) Roof mounting and equipment installation — 500 hours;

(iv) Total Minimum — 2,000 hours.

(3) Procedure for Licensing. An applicant for licensing shall:

(a) Complete and sign the division application;

(b) Provide verification of the required training or equivalent experience; and

(4) Examination. All applicants must take and pass a division-approved written examination testing the requirements for installation of solar heating and cooling systems, and the related administrative and enforcement provisions.

(5) Scope of Plumbing Authorized. The holder of a limited specialty plumber certificate of competency solar heating and cooling systems may:

(a) Install and replace solar heating and cooling systems, including collectors, heat transfer systems, heat storage and associated piping related to:

(A) Replacement or solar conversion of an existing water heating or cooling system;

(B) Installation of collectors, heat transfer systems, storage tanks, pumps, valves and associated piping; and

(b) May not connect a solar heating or cooling system to a potable water source. The connection of a solar heating or cooling system to a potable water source shall be made only by a licensed journeyman plumber.

(6) Nothing in these rules shall prohibit a licensed journeyman plumber from installing, replacing or repairing solar heating and cooling systems.

History

Statutory/Other Authority: ORS 693.111
Statutes/Other Implemented: ORS 693.111
BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06
BCD 13-2002, f. 6-28-02, cert. ef. 7-1-02

Or. Admin. R. 918-695-0130 Limited Specialty Plumber Classification for Water Treatment Installers

(1) Subject to permit requirements, a person holding this license is authorized to make connections to potable water systems and indirect waste connections to existing drain waste and vent systems.

(2) This license does not authorize installation, alteration or remodel of drain, waste and vent piping systems.

(3) Persons Eligible for Licensing. The requirements for licensing are:

(a) Satisfactory completion of a minimum 18-month Oregon State Apprenticeship Program for Limited Specialty Plumber Water Treatment Installer; or

(b) Equivalent lawful experience or training covering:

(A) General items. 210 hours of experience and training in:

(i) Materials, tools and equipment;

(ii) Mathematics and science;

(iii) Safety regulations — OSHA and state;

(iv) Soldering and brazing;

(v) Basic first aid;

(vi) Blueprints and drawing training;

(vii) Plumbing and related codes;

(viii) Indirect waste piping;

(ix) Water systems.

(B) Specific training in: Subject — Hours:

(i) Indirect Waste Piping — 250;

(ii) Water Supply, Services and Appurtenances — 1,000;

(iii) Pipe sizing;

(iv) Fixture unit calculations;

(v) Pumps and pressure systems;

(vi) Design — Present and planned plumbing system;

(vii) Water Treatment Equipment Installation and Service — 1,750;

(viii) Backflow prevention;

(ix) Cross connection prevention;

(x) Total Minimum Hours — 3,000.

(4) Examination. Only a written examination shall be required for this license.

History

Statutory/Other Authority: ORS 693.103
Statutes/Other Implemented: ORS 693.103
BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98

Or. Admin. R. 918-695-0140 Apprentice Plumbers — Interpretations

(1) Authority and Scope. This rule is adopted by the board under ORS 670.310 and defines the conditions under which an apprentice plumber is authorized to engage in the trade of plumbing.

(2) For the purposes of this rule the following shall apply, except where the context clearly means otherwise:

(a) An “appropriate journeyman plumber” is one or more certified journeyman plumbers working for the same employing plumbing contractor as the apprentice.

(b) “Employing plumbing contractor” is the apprentice’s employer who must be a registered plumbing contractor.

(c) “Immediate work site” is the normal area in which an employing plumbing contractor’s employees are expected to be, within the company’s job assignment. In the case of a service call, “immediate work site” shall include the structure and adjacent grounds where plumbing is performed and immediate vicinity, such as where service vehicles are parked.

(d) “Immediately available for advice and direction by voice communication mode” means that an appropriate journeyman plumber and apprentice have voice communication devices allowing two-way conversations.

(e) “JATC” is the joint apprenticeship training committee that regulates the training for a specific apprentice.

(3) A person is an “apprentice plumber” in ORS 693.010(1) and works under the supervision of a journeyman plumber, within the scope of activities authorized by ORS 693.040, if an ORS Chapter 660 apprentice engages in the plumbing trade and any of the following conditions exist while a plumbing apprentice works at the trade of plumbing;

(a) The apprentice works in the physical presence of an appropriate journeyman plumber. This requires an appropriate journeyman plumber’s physical presence at the immediate work site at all times, except for not more than a cumulative 30 minutes during any work shift, provided:

(A) The 30 minutes referred to in subsection (a) of this section excludes time out for meals; and

(B) An appropriate journeyman plumber is immediately available for advice and direction by voice communication during all absences.

(b) The apprentice works subject to the supervision of an appropriate journeyman who is immediately available to the apprentice by voice communication but not necessarily physically present, provided:

(A) An appropriate journeyman plumber meets with the apprentice at least once each day to go over work done by the apprentice, with the meeting taking place either at the immediate work site or away from the work site;

(B) The activity is consistent with the JATC’s work requirements;

(D) The apprentice:

(i) Only engages in water heater replacement or conversion after completing at least six months of apprentice training; at least eight hours of related training in the type of work, and receiving documentation of training and successful evaluation from the JATC in the type of work.

(ii) Engages in work covered in subparagraph (i) of this paragraph and ordinary minor repairs as defined in OAR 918-780-0120 in a one- or two-family dwelling after completing at least three periods of apprentice training; receiving related training, and successful evaluation from the JATC in the type of work.

(iii) Engages in work covered by subparagraphs (i) to (ii) of this paragraph and general repairs maintenance and replacement of existing plumbing, after completing at least four periods of apprentice training; appropriate training, and successful evaluation from the JATC in the type of work.

(iv) Engages in work covered by subparagraphs (i) to (iii) of this paragraph and new or remodel installations after completing at least five periods of apprentice training; receiving appropriate training, and successful evaluation from the JATC in the type of work.

(4) Enforcement provisions.

(a) For the purposes of building codes enforcement of apprenticeship requirements against a plumbing contractor, the following evidence shall be considered as sufficient proof to support compliance action alleging that an apprentice was not working under the supervision of a journeyman plumber:

(A) An appropriate journeyman plumber was not available for advice and direction by voice communication mode to an apprentice, if the apprentice:

(i) Does not know how to contact an appropriate journeyman plumber;

(ii) Cannot within a 15-minute period reach an appropriate journeyman by voice communication mode; or

(iii) Is not equipped with a voice communication device or does not have access to a telephone at the work site.

(B) An appropriate journeyman plumber was not at the immediate work site if the apprentice:

(i) Is only allowed to work in the physical presence of a journeyman under subsection (3)(a) of this rule; and

(ii) The apprentice works alone at the immediate job site for more than 30 minutes, excluding time off for the apprentice’s normal meal break.

(C) An appropriate journeyman plumber did not meet with the apprentice at least once each day, to review the apprentice’s work, if the apprentice:

(i) Is not able to state the time, place and type of work that was reviewed for each of the last two working days; and

(ii) Cannot identify or describe the journeyman who did the review for each of the dates covered by paragraph (A) of this section.

(b) For the purposes of building codes enforcement of apprenticeship requirements against a plumbing contractor, an apprentice shall be considered as one required to work only in the physical presence of a journeyman under subsection (3)(a) of this rule if the apprentice did not produce the documentation complying with paragraphs (A) to (C) or (D) of this subsection.

(A) Completion of a specific apprentice training segment;

(B) Training covering the specific work being reviewed;

(D) A document from the JATC designating all the conditions of paragraphs (A) to (C) of this subsection were met.

History

Statutory/Other Authority: ORS 693.040
Statutes/Other Implemented: ORS 693.040
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-690-0085
BCD 7-1995, f. & cert. ef. 5-10-95

Or. Admin. R. 918-695-0395 Plumbing Certifications

(1) Notwithstanding OAR 918-098, beginning January 1, 2019, the certifications available for plumbing inspectors are:

(a) Residential Plumbing Inspector, as outlined in OAR 918-695-0400(2);

(b) Plumbing Specialty Code Inspector as outlined in OAR 918-695-0400(3); and

(2) Any plumbing certification issued prior to January 1, 2019, shall remain valid and recognized as long as the certification holder maintains the certification.

(3) A person must possess an Oregon Inspector Certification issued under OAR 918-098-1025 in order to receive a certification under subsection (1).

(4) The process for renewal of plumbing certifications is as provided in OAR 918-098-1028.

(6) Notwithstanding the requirements in OAR 918-695-0400, to facilitate the transition from the division to the board, the practicums and examinations for the certifications listed in this rule and OAR 918-695-0400 do not require board approval until July 1, 2019.

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.720
BCD 32-2018, adopt filed 12/27/2018, effective 01/01/2019

Or. Admin. R. 918-695-0400 Rules Establishing Certification for Plumbing Inspectors

(1) Scope. To promote effective and uniform enforcement of the Oregon Plumbing Specialty Code by improving the competence of plumbing inspectors, this rule establishes minimum training and experience qualifications to make inspections for compliance with the Oregon Plumbing Specialty Code. Rules regarding the scope of work, qualifications, practicum and examinations for plumbing inspectors must be approved by the State Plumbing Board.

(2) Notwithstanding OAR 918-098-1210, a residential plumbing inspector:

(a) May conduct inspections for plumbing work regulated by the Oregon Residential Specialty Code, and where connection to the building is not a separate plumbing system; and

(A) Plumbing work on manufactured dwellings, manufactured structure accessory buildings and structures under the Oregon Manufactured Dwelling Installation Specialty Code;

(B) The provisions of OAR chapter 918, division 500;

(D) Any portion of a solar water heating system installation up to 180 gallons of storage tank capacity.

(b) To qualify to take a board approved exam to become a residential plumbing inspector, a person must meet one of the following:

(A) Be an Oregon journeyman plumber;

(B) A certificate of completion from an apprenticeship program meeting the equivalency requirements of OAR 918-695-0030, plus two years experience as a licensed journeyman plumber;

(D) Have six years experience as a residential or commercial plumbing inspector possessing a nationally recognized certification or its equivalent; or

(E) Successfully complete the division’s board approved residential plumbing inspector practicum;

(c) To receive a certification under this rule, the person must successfully pass the board approved examination with a minimum grade of 75 percent.

(3) A Plumbing Specialty Code Inspector:

(a) Inspects plumbing installations regulated by the Oregon Plumbing Specialty Code;

(b) Inspects plumbing installations regulated by the Oregon Residential Specialty Code; and

(4) To qualify to take a board approved exam to become a plumbing specialty code inspector, a person must meet one of the following:

(a) Oregon journeyman experience:

(A) Four years of employment and experience as an Oregon journeyman plumber; or

(B) Two years of employment and experience as an Oregon journeyman plumber, plus successful completion of the division’s board approved commercial plumbing inspector practicum;

(b) Out of state journeyman experience:

(A) A certificate of completion from an apprenticeship program meeting the equivalency requirements of OAR 918-695-0030, plus four years experience as a journeyman plumber working on commercial, industrial, or multi-family structures; or

(B) Be a licensed journeyman plumber, plus eight years experience as a licensed journeyman plumber working on commercial, industrial, or multi-family structures, plus successful completion of the division’s board approved commercial plumbing inspector practicum;

(A) 10 years of work experience in the inspection of plumbing installations of which at least five years is of commercial, industrial, or multi-family structures as a certified inspector possessing a nationally recognized certification or its equivalent; or

(B) Eight years of work experience in the inspection of plumbing installations of which at least four years is of commercial, industrial, or multi-family structures as a certified inspector possessing a nationally recognized certification or its equivalent plus successful completion of the division’s board approved commercial plumbing inspector practicum;

(d) Engineer experience:

(A) A degree in mechanical engineering with two years of work experience in plumbing design, installation, or inspection; or

(B) Be a certified professional mechanical engineer.

(e) Experience and training equivalent to paragraphs (a), (b), (c), or (d) of this subsection as determined by the State Plumbing Board;

(f) Persons certified as Oregon one- and two-family dwelling plumbing inspectors as of April 1, 1998, and completing five years of plumbing inspection experience are considered qualified to sit for examinations as a plumbing inspector.

(g) Examination: To become certified, a person qualified under subsection (4) of this rule must pass a board approved examination with a minimum score of 75 percent on the Oregon Plumbing Specialty Code covering plumbing theory, inspection techniques, communication skills, public relations, design, installation, statutory rules, authority, and materials.

(5) Limited Plumbing Inspector - Building Sewers. Limited certification for plumbing inspection of building sewers from five feet outside the building to the disposal terminal or connection with a main sewer line may be issued. To be certified, an applicant must have the following qualifications:

(a) A Journeyman Plumber License;

(b) Two years experience in sewer design, installation, or inspection; or

(d) Passing a board approved examination with a minimum score of 75 percent on code, materials, and installation practices for building sewers and sewers.

(6) Limits on Municipalities. Nothing in the rules prohibits a local government from establishing additional requirements in the selection and hiring of plumbing inspectors.

(7) Plumbing inspectors must meet continuing education requirements established by the division under OAR 918-098-1450.

(8) Application for Certification. A person seeking certification under this rule must apply for an Oregon Code Certification as provided in OAR 918-098-1025.

(9) A person issued a plumbing specialty code inspector certification, a residential plumbing inspector certification, or a limited plumbing inspector-building sewers certification under this rule must also possess a valid Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing plumbing inspections or plan reviews.

(10) For purposes of this rule, one year of experience is equal to 2,000 hours.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 455.720
Statutes/Other Implemented: ORS 455.720
BCD 34-2018, amend filed 12/27/2018, effective 01/01/2019
BCD 32-2018, amend filed 12/27/2018, effective 01/01/2019
BCD 10-2010, f. & cert. ef. 7-1-10
BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00
BCD 21-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-750-0050
BCA 14-1992, f. 6-29-92, cert. ef. 7-1-92
DC 6-1985, f. & cert. ef. 2-8-85, Renumbered from 814-021-0109
DC 1-1983, f. & cert. ef. 1-3-83
DC 9-1979, f. & cert. ef. 6-8-79
DC 5-1979(Temp), f. & cert. ef. 3-5-79
DC 1-1979, f. & cert. ef. 1-5-79
DC 102-1977, f. & cert. ef. 11-1-77
DC 79-1976, f. 6-16-76, cert. ef. 8-1-76
DC 39-1975, f. 1-6-75, cert. ef. 2-1-75

Or. Admin. R. 918-695-0410 Certification for Medical Gas Plumbing Inspectors

(1) To promote effective and uniform enforcement of the Oregon Plumbing Specialty Code by improving the competence of plumbing inspectors, this rule establishes minimum training and certification qualifications to make inspections for compliance with the Oregon Plumbing Specialty Code. Persons employed for purposes of enforcing the requirements of other administrative agencies are exempt from this section.

(2) No person may be appointed or employed as a medical gas plumbing inspector by any municipality without being currently certified under the provisions of this rule.

(3) Persons must be certified as an Oregon Plumbing Specialty Code Inspector for inspections for compliance with the Oregon Plumbing Specialty Code.

(4) No person may perform medical gas plumbing inspections or plan reviews without a valid division-approved medical gas plumbing inspector certification.

(5) In order to obtain a Medical Gas Plumbing Inspector certification a person must apply for an Oregon Code Certification under OAR 918-098-1025(3)(a) and (b); and

(a) Submit to the division a copy of a valid ASSE 6020 medical gas certification; or

(b) Complete a training course for medical gas plumbing inspectors administered by the division.

(6) Persons certified under this rule must maintain their Oregon Plumbing Specialty Code Inspector certification including any required training.

(7) Notwithstanding subsection (5) of this rule the division may issue a Medical Gas Plumbing Inspector certification to a person with a valid Oregon Plumbing Specialty Code Inspector certification who submits to the division proof of a valid ASSE 6020 medical gas certification issued prior to April 1, 2016. This subsection expires November 1, 2016.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.010
Statutes/Other Implemented: ORS 447.010
BCD 6-2016, f. & cert. ef. 4-1-16
Reverted to BCD 27-2000, f. 10-13-00 cert. ef. 10-01-01
BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
BCD 27-2000, f. 10-13-00 cert. ef. 10-01-01

Division 750 PLUMBING CODES

Or. Admin. R. 918-750-0100 Scope of the Oregon Plumbing Specialty Code

(1) The Oregon Plumbing Specialty Code is applicable and uniform throughout the state and in all municipalities.

(2) Unless a local amendment request is approved by the division under ORS 455.040, a municipality may not enact or enforce any ordinance, rule or regulation in conflict with the Oregon Plumbing Specialty Code.

(3) The Oregon Plumbing Specialty Code applies to all plumbing installations as addressed in ORS 447.020 and ORS chapter 455 including one- and two-family dwellings of three stories or less within the scope of the Oregon Residential Specialty Code.

[Publications: Publications referenced are available for review at the agency.]

History

Statutory/Other Authority: ORS 447.020
Statutes/Other Implemented: ORS 447.020
BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 2-2011, f. & cert. ef. 2-15-11
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98

Or. Admin. R. 918-750-0110 Oregon Plumbing Specialty Code

(1) The Oregon Plumbing Specialty Code is adopted pursuant to OAR chapter 918, division 8.

(2) Effective October 1, 2023, the 2023 Oregon Plumbing Specialty Code is based upon the following:

(a) The 2021 Edition of the Uniform Plumbing Code, First Printing;

(b) Chapters 1–11 and 13–17;

(d) As further amended by the division.

(3) Chapter 12, and Appendices F, G, H, I, J, L, and N of the 2021 Uniform Plumbing Code are not adopted as part of the Oregon Plumbing Specialty Code.

(4) Appendices L and N are available to be adopted by local jurisdictions.

[Publications: Publications are available for review at the division. See division website for information on where to purchase publications.]

History

Statutory/Other Authority: ORS 447.020, ORS 455.020, ORS 455.030 & ORS 455.110
Statutes/Other Implemented: ORS 447.020, ORS 455.020, ORS 455.030, ORS 455.110 & ORS 455.610
BCD 6-2023, amend filed 09/21/2023, effective 10/01/2023
BCD 4-2021, amend filed 03/22/2021, effective 04/01/2021
BCD 10-2017, f. 9-14-17, cert. ef. 10-1-17
BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 2-2011, f. & cert. ef. 2-15-11
BCD 4-2008, f. 2-21-08, cert. ef. 4-1-08
BCD 24-2004, f. 12-15-04, cert. ef. 4-1-05
BCD 27-2000, f. 10-13-00 cert. ef. 10-01-01
BCD 6-2000, f. 3-15-00, cert. ef. 4-1-00
BCD 7-1999, f. 6-21-99, cert. ef. 4-1-2000
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-750-0010
BCD 4-1996, f. 2-29-96, cert. ef. 4-1-96
BCA 26-1993, f. 10-22-93, cert. ef. 11-1-93
BCA 19-1993(Temp), f. 8-26-93, cert. ef. 9-1-93
BCA 42-1991, f. & cert. ef. 12-23-91
BCA 14-1990, f. & cert. ef. 6-13-90
BCA 27-1989, f. 12-5-89, cert. ef. 1-1-90
DC 11-1987, f. & cert. ef. 4-21-87, Renumbered from 814-021-0005
DC 4-1987, f. & cert. ef. 3-4-87
DC 10-1985, f. & cert. ef. 4-1-85
DC 28-1984, f. 9-5-84, cert. ef. 10-15-84
DC 1-1983, f. & cert. ef. 1-3-83
DC 15-1982(Temp), f. & cert. ef. 5-5-82
DC 14-1981(Temp), f. 10-30-81, cert. ef. 11-6-81
DC 9-1981, f. & cert. ef. 7-6-81
DC 4-1981, f. 5-15-81, cert. ef. 7-1-81
DC 3-1980, f. & cert. ef. 2-14-80
DC 2-1980, f. 2-14-80, cert. ef. 3-1-80
DC 15-1979(Temp), f. 12-21-79, cert. ef. 1-1-80
DC 99-1977, f. 9-2-77, cert. ef. 11-1-77
DC 40-1975, f. 1-6-75, cert. ef. 2-1-75

Or. Admin. R. 918-750-0115 Amendments to the Oregon Plumbing Specialty Code

The Oregon Plumbing Specialty Code is amended pursuant to OAR chapter 918, division 8. Amendments adopted during the code-cycle for inclusion into the Oregon Plumbing Specialty Code are placed in this rule, showing the section reference, a descriptive caption, and a short description of the amendment.

[Publications: Publications are available for review at the division.]

History

Statutory/Other Authority: ORS 447.020, ORS 455.020, ORS 455.030 & ORS 455.110
Statutes/Other Implemented: ORS 447.020, ORS 455.020, ORS 455.030 & ORS 455.110
BCD 4-2021, amend filed 03/22/2021, effective 04/01/2021
BCD 17-2020, amend filed 09/29/2020, effective 10/01/2020
BCD 5-2018, amend filed 03/13/2018, effective 04/01/2018
BCD 10-2017, f. 9-14-17, cert. ef. 10-1-17
BCD 2-2015, f. 3-24-15, cert. ef. 4-1-15
BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 16-2012, f. 12-21-12, cert. ef. 1-1-13

Division 770 PLUMBING PRODUCT APPROVALS

Or. Admin. R. 918-770-0050 Purpose

(1) This division of rules interprets and applies ORS 447.152 and 447.154. The rules:

(a) Establish minimum health and safety standards for design and construction of plumbing products; and

(b) Describe procedures for approval of plumbing product testing laboratories and bodies operating plumbing product certification systems.

(2) No plumbing product may be sold or offered for sale in the state of Oregon unless it has been:

(a) Found by a Board-approved testing laboratory to be in conformance with plumbing product standards approved by the Board; and

(b) Listed by a body or organization approved by the Board to certify plumbing products for conformance with product standards approved by the Board.

(3) This division of rules also establishes standards and procedures for approval of plumbing products by special deputies.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0060 Notice

Notice required under these rules may be given by personal service or mail, postage prepaid, addressed to the person, organization or laboratory as it appears on the records of the Board.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0070 Definitions

For the purposes of OAR 918, division 770, unless the context clearly indicates otherwise, the following words and terms shall have the following meanings:

(1) “Accreditation” means the procedure by which an authoritative body or organization gives formal recognition that a body or organization is competent to carry out specific tasks.

(2) “Approved Product Certification System” means a product certification system approved by the Board to certify plumbing products for conformance with product standards approved by the Board.

(3) “Approved Testing Laboratory” means a laboratory accredited by an approved accrediting organization recognized by the Board to test plumbing products for conformance with standards approved by the Board.

(4) “Board” means the Oregon State Plumbing Board.

(5) “Certificate of Accreditation” means a document issued to a testing laboratory or certification body or organization.

(6) “Certification Mark” means the mark owned, controlled and registered by a body operating a product certification system and used to identify approval or listing of a product as meeting particular product standards.

(7) “Certification Program” means a procedure by which a certification body or organization gives written assurance that plumbing products conform to specific product standards.

(8) “Division” means the Building Codes Division of the Oregon Department of Consumer and Business Services.

(9) “Plumbing Products” means all potable water supply and distribution pipes, plumbing fixtures and traps, drainage and vent pipes and building drains, including their respective joints and connections, supports, devices, receptacles, appurtenances, appliances and other related items.

(10) “Plumbing Product Standards” means standards for composition and performance testing of plumbing products or systems.

(11) “Recognized Standards” means plumbing product or system standards that have been approved by the Board as meeting the intent of the Oregon State Plumbing Specialty Code.

(12) “Scope of Accreditation” means a document issued by an accrediting organization listing the test standards or calibration services for which the organization is accredited.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0080 Construction and Installation of Composting Toilets

(1) Definition: "Compost toilet" means a permanent toilet receptacle used to receive and store human wastes, toilet paper, biodegradable domestic garbage, and other vegetative matter for the purpose of aerobic decomposition of materials received therein.

(2) Product and Design Approval:

(a) Before a manufactured or individually designed compost toilet is installed, approval must be obtained from the division with concurrence of the board by an approved certifier to the approved standards in OAR 918-770-0050 to 918-770-0320;

(b) Criteria used to evaluate the units includes, but is not limited to:

(A) NSF Standard 41 (May 1983 revised); or

(B) Composting toilets listed by NSF International to NSF Standard 41 (May 1983 revised) are approved.

(3) Site Locations: Residential compost toilet installations shall be limited to areas where a grey water disposal system approved by the Department of Environmental Quality can be installed and used; or such grey water is discharged into a public sewage system.

(4) Installation:

(a) Prior to commencement of the installation of a composting toilet, a plumbing permit must be obtained from the authority having jurisdiction. A permit will be granted upon showing:

(A) The site location is in accordance with these rules; and

(B) The manufactured composting toilet or individual design has been approved by the division or listed with NSF International to Standard 41 (May 1983 revised).

(b) Compost toilets shall be designed to provide a solid connection to the floor with corrosive-resistant fasteners:

(A) All suspended under-floor components shall be supported with non-corrosive hangers adequately designed to support the weight of the system. Hangers shall meet the approval of the authority having jurisdiction;

(B) All under-floor components designed to set on a stable surface shall have footings adequately designed to support the weight of the system.

(c) Vent pipes shall be sealed at all joints and insulated in a way to minimize condensation. The vent stack shall be insulated in a way to minimize condensation. The vent stack shall extend from each chamber or seat box to a point at least two feet above the highest elevation of any portion of the building within ten feet of the vent. Each vent shall be flashed and shall terminate not less than ten feet from or at least three feet above any window, door, opening, air intake, or vent shaft; nor less than three feet in every direction from any lot line, alleys and streets excepted;

(d) All compost toilets shall be installed in an insulated area, or the chamber shall be insulated to maintain a proper temperature inside the chamber to keep a biological balance of the materials therein;

(e) Where a compost toilet is installed in an existing dwelling, piping, fixtures or equipment shall be located to not interfere with normal use or normal operation and use of windows, doors, or other required facilities.

(5) Inspections:

(a) All installations shall be installed in a workmanship like manner and shall not be put into use until inspected and approved by the authority having jurisdiction;

(b) Either the authority having jurisdiction or the division may conduct periodic inspections of any compost toilet in accordance with ORS 447.124.

(6) Maintenance:

(a) Humus from composting toilets may be used around ornamental shrubs, flowers, trees, or fruit trees and shall be buried under at least twelve inches of soil cover. Deposit of humus from any compost toilet around any edible vegetable or vegetation shall be prohibited;

(b) The compost toilet system of any premises under the jurisdiction of the authority having jurisdiction shall be maintained in a sanitary and safe operation condition by the owner or by his agent. Whenever compliance with all of the provisions of these rules fails to eliminate or alleviate a nuisance or any dangerous or insanitary condition which may involve health hazards or safety hazards, the owner or the owner's agent shall install such additional plumbing and drainage facilities or shall make such repairs or alterations or removals as may be ordered by the authority having jurisdiction.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.118
Statutes/Other Implemented: ORS 447.118
BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-790-0010
DC 1-1983, f. & cert. ef. 1-3-83, Renumbered from 814-021-0900
DC 13-1981, f. 10-30-81, cert. ef. 11-1-81
DC 7-1979, f. 3-26-79, cert. ef. 4-1-79
DC 4-1979, f. 1-24-79, cert. ef. 1-25-79
DC 12-1978, f. 4-5-78, cert. ef. 4-15-78

Or. Admin. R. 918-770-0100 Approval of Testing Laboratories

Requirements for Approval of Testing Laboratories.

(1) The Board shall only accept test data submitted for the purpose of demonstrating conformance with plumbing product standards approved by the Board from testing laboratories accredited as meeting the requirements contained in ISO/IEC Guide 25:1990, General Requirements for the Competence of Calibration and Testing Laboratories, by an approved laboratory accreditation program. Testing laboratories shall only be recognized for those test procedures listed on a scope of accreditation issued by an approved laboratory accreditation program organization, or as may be specially conditioned by the Board.

(2) Approval of testing laboratories shall be based on the issuance of a Certificate of Accreditation issued by an approved laboratory accreditation program organization. Only accrediting organizations that meet the requirements contained in ISO/IEC Guide 58:1993, Calibration and Testing Laboratory Accreditation Systems — General Requirements for Operation and Recognition, that provide and maintain active certifications for testing laboratories, for specific test methods in scopes of accreditation from referenced standards, may be approved pursuant to this rule.

(3) The following testing laboratory accreditation organizations are approved as of the effective date of this rule:

(a) National Voluntary Laboratory Accreditation Program (NVLAP); and

(b) State of Oregon Electrical and Elevator Board. Other organizations may apply for recognition by submitting application to the Chief Plumbing Inspector.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0110 Standards of Approval for Bodies Operating Product Certification Systems

Bodies and organizations that desire to operate product certification systems for the purpose of providing written assurances that plumbing products conform to specific product standards approved by the Board shall be required to demonstrate compliance with the requirements contained in ISO/IEC Guide 65:1996, General Requirements for Bodies Operating Product Certification Systems. Approved product certifiers shall be required to provide the Board at least one copy of a product directory or listing of plumbing products that the certifier has found to conform to product standards approved by the Board.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 20-2001, f. 12-21-01, cert. ef. 1-1-02
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0120 Application Procedures

(1) A testing laboratory that desires approval to test plumbing products for conformance with product standards approved by the Board shall submit an application to the Chief Plumbing Inspector. The application shall specify the product standards to which the laboratory seeks approval to test. The application shall also include a Certificate of Accreditation issued by an approved laboratory accreditation program organization.

(2) Laboratory accrediting organizations that desire approval to issue Certificates of Accreditation shall submit an application to the Chief Plumbing Inspector. The application shall contain evidence of compliance with the requirements contained in ISO/IEC Guide 58:1993, Calibration and Testing Laboratory Accreditation Systems — General Requirements for Operation and Recognition.

(3) Bodies and organizations seeking approval to certify plumbing products for conformance with product standards approved by the Board shall submit an application to the Chief Plumbing Inspector. The application shall contain documented evidence of compliance with the requirements contained in ISO/IEC Guide 65:1996, General Requirements for Bodies Operating Product Certification Systems.

(4) Approval of testing laboratories, laboratory accreditation organizations and product certification systems shall be for an indefinite period and contingent upon the laboratory, accreditation organization or product certification system maintaining compliance with the applicable approval requirements.

(5) If an application is denied, the applicant shall be notified in writing of the reasons. The applicant may submit revisions which are needed to obtain approval without prejudice.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 20-2001, f. 12-21-01, cert. ef. 1-1-02
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0130 Revocation of Approval

(1) The Board may revoke the approval of a testing laboratory, laboratory accreditation organization or product certification system for failure to comply with any of the applicable approval requirements described in these rules.

(2) The Board shall provide a testing laboratory, accrediting organization or certifier notice of intent to revoke approval. A testing laboratory, accrediting organization or certifier shall have 30 days from the date of receipt of a notice to respond to the proposal. Judicial review of the Board’s decision to revoke approval shall be available as provided for in ORS Chapter 183. Unless the Board determines that allowing a testing laboratory, accrediting organization or certifier to continue to accredit laboratories or to test or certify plumbing products would result in an immediate threat to public health and safety, the Board’s decision to revoke an approval of a testing laboratory, accrediting organization or certifier shall be stayed pending the outcome of any appeal.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0140 Change in Status

Approved laboratories, accrediting organizations and certifiers shall inform the Board of any change in conditions or criteria of approval or accreditation that could affect the status of their approval, accreditation or conformance to these rules, including but not limited to ownership, location, staffing, facilities and configuration. The notice shall be provided to the Board within 30 days of any change which could affect any approval, accreditation or certification system status.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0200 Product Certification by Special Deputies

(1) Plumbing products may be approved by a special deputy appointed by the Chief Plumbing Inspector if:

(a) No more than three similar products exist or are intended to be produced;

(b) There are no more than two manufacturers of the same or similar product, and the person requesting certification does not intend to seek further special deputy certification of the product for sale in Oregon; and

(c) The product is not offered for sale in Oregon more than two times over any two-year period following an inspection by a special deputy.

(2) For the purposes of this rule, “three similar products” includes custom-assembled products intended for the same general purpose.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0210 Submission of Plumbing Products for Approval by Special Deputy

Persons seeking approval of plumbing products by a special deputy shall provide the special deputy with a sample of the product for which approval is sought or a site-specific location where the product may be reviewed. The applicant shall also provide the special deputy with design or shop drawings, engineering data and any other test data that the special deputy determines to be reasonably necessary to evaluate the plumbing product for which approval is sought.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0220 Fees and Procedures

(1) Persons requesting product approval by special deputies shall pay hourly inspection fees at the rate of $40 per hour as a specially requested inspection. If the Board or special deputy determines that a product requires additional testing or evaluation through a laboratory or engineering firm, the person requesting special deputy certification shall pay the company doing the testing or evaluation directly.

(2) Special deputy inspection fees shall be paid prior to inspection. If the exact amount cannot be determined in advance, the person requesting a special deputy inspection shall pay the division an amount sufficient to pay the estimated fee prior to inspection. Any portion of the deposit not required for the fee shall be refunded to the applicant upon written request.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0230 Special Deputy Certification Procedures

(1) A special deputy inspector may determine if a plumbing product meets applicable minimum health and safety standards adopted by the Board by:

(a) Examining the product and its components for compliance with applicable product standards approved by the Board;

(b) Reviewing the assembly of labeled, listed, recognized or noncertified components for correct and applicable application and installation;

(d) Requiring “production type” testing where required by the applicable product safety standard adopted by the Board.

(2) A certification label is attached by the special deputy inspector on the product, or placement of a certification label is authorized.

(3) Where production line products are accepted for special deputy certification, the special deputy may examine the product to approved standards, determine whether the product meets minimum health and safety standards and review production quality control processes. The special deputy may authorize attachment of labels to all future products manufactured in conformance with the manufacturer’s quality control plan approved by the special deputy. The special deputy may make periodic visits to any manufacturing facility to verify that the product continues to be manufactured in accordance with an approved quality control plan. Certifications of production line products approved by a special deputy shall be conditioned on the product continuing to be manufactured in conformance with the product specifications and manufacturing requirements as originally approved by the special deputy.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0300 Certification Marks and Product Standards Identification

Plumbing products listed under the provisions of these rules must be identifiable. The certification mark of an approved certification body shall be marked upon the certified product or on a separate document enclosed in the product’s packaging. If the certification mark is enclosed on a separate document within the product packaging, it must also include the following:

(1) A picture, image or line drawing clearly showing the product certified;

(2) The registered marks in 15 USC 1051 et seq. of the product certifier;

(3) The product specifications and standards which the product is certified as meeting, including the appropriate adoption dates of the listed standards;

(4) The name or mark of the manufacturer and model number of the product certified;

(5) The location of the manufacturing plant of origin for the product; and

(6) Any labeling information required for the product listed in the product standards approved by the Board.

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0320 Approved Plumbing Product Standards and Specifications

The following standards and specifications for plumbing products are approved by the Board:

(1) Composting Toilets, NSF Standard No. 41 — May 1983.

(2) Recognized plumbing product standards listed in Chapter 14, Table 14-1 of the Oregon State Plumbing Specialty Code adopted in OAR 918-750-0110.

(3) Testable backflow prevention assemblies approved by the Oregon Health Division Drinking Water Program and listed on the January 2000 "Approved Backflow Prevention Assembly List."

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.152
Statutes/Other Implemented: ORS 447.152
BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00
BCD 10-1997, f. 7-16-97, cert. ef. 10-1-97

Or. Admin. R. 918-770-0330 Exempt Plumbing Products

The following plumbing products are exempt from product approval by the board:

(1) Lead roof flashings;

(2) Pipe hanger hooks; and

(3) Nail plates.

History

Statutory/Other Authority: ORS 447.154
Statutes/Other Implemented: ORS 447.154
BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00

Division 780 PLUMBING FEES, PERMITS, INSPECTIONS

Or. Admin. R. 918-780-0030 Plumbing License Fees

(1) Licenses required by ORS Chapters 447 and 693 may be issued and renewed by the division to applicants who meet the requirements for the license and apply as established in OAR 918 division 30. The following license application and renewal fees are adopted:

(2) Plumbing business:

(a) Application fee — $150;

(b) Renewal fee — $450.

(3) Journeyman plumber:

(a) Application fee — $100;

(b) Renewal fee — $180, including $30 fee to track continuing education.

(4) Limited Specialty Plumber as follows:

(a) Limited specialty plumber water treatment installer license:

(A) Application fee — $100;

(B) Renewal fee — $150.

(b) Limited specialty plumber residential water heater installer license:

(A) Application fee — $100;

(B) Renewal fee — $150.

(A) Application fee — $100;

(B) Renewal fee — $150.

History

Statutory/Other Authority: ORS 447.020, 693.103 & 693.135
Statutes/Other Implemented: ORS 693.103
BCD 17-2007, f. 12-28-07, cert. ef. 1-1-08
BCD 13-2002, f. 6-28-02, cert. ef. 7-1-02
BCD 3-2002, f. 3-5-02, cert. ef. 4-1-02
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-690-0015
BCD 20-1996, f. 9-30-96, cert. ef. 10-1-96
BCD 15-1996(Temp), f. & cert. ef. 7-1-96
BCD 25-1994, f. 10-26-94, cert. ef. 11-1-94
BCA 23-1993, f. 10-15-93, cert. ef. 11-1-93
BCA 18-1991, f. & cert. ef. 6-12-91
BCA 4-1991(Temp), f. & cert. ef. 2-28-91
BCA 5-1988, f. & cert. ef. 2-23-88, Renumbered from 814-020-0015
DC 2-1983, f. & cert. ef. 1-3-83
DC 13-1981, f. 10-30-81, cert. ef. 11-1-81
DC 25-1978, f. 9-5-78, cert. ef. 9-20-78, Renumbered from 814-021-0504
DC 4-1971, f. 8-13-71, cert. ef. 9-11-71

Or. Admin. R. 918-780-0035 Exempt Ordinary Minor Plumbing Repairs

(1) Effective April 1, 2006, state building code provisions for permit or inspection of ordinary minor plumbing repairs follow:

(a) A registered plumbing contractor and any person exempt from licensing under ORS 693.020 are exempted from permit or inspection for ordinary minor plumbing repairs as defined in section (2) for residential and commercial structures;

(b) The term “any person” is defined by ORS 693.020 and includes but is not limited to individuals, corporations, partnerships, public and municipal corporations, political subdivisions, any Oregon state and federal government agencies.

(2) The term "ordinary minor plumbing repairs" is defined as follows:

(a) Includes repair, replacement or maintenance of existing plumbing fixtures, appliances, appurtenances and related water supply and drain attachments for the purpose of restoring a plumbing installation to a safe and sanitary operating condition.

(b) Does not include new construction, replacement of water heaters, or underground plumbing.

(3) In addition to the exemption in section (1), a registered plumbing contractor does not need a permit or inspection for emergency repair or replacement of the following: freeze-damaged, leaking-exposed, or concealed piping not exceeding five feet of new piping per structure for a period of 180 days, provided the repair or replacement does not involve any changes or alterations to the existing plumbing system.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.072 & 447.076
Statutes/Other Implemented: ORS 447.072 & 447.076
BCD 6-2006, f. & cert. ef. 4-4-06
BCD 21-2003, f. 12-31-03, cert. ef. 1-1-04

Or. Admin. R. 918-780-0040 Plumbing Plan Reviews

(1) The division or a jurisdiction providing plumbing code plan review services, including plan review for prefabricated structures, may only require plumbing plan review for a complex structure. For purposes of this rule, a “complex structure” is a plumbing system designed, constructed or reconstructed to accommodate any of the following:

(a) The installation or alteration of a medical gas and vacuum system for health care facilities;

(b) The installation or alteration of chemical drainage waste and vent systems containing chemical agents potentially detrimental to the integrity of a plumbing system;

(d) The installation of vacuum drainage waste and vent systems;

(e) The installation or alteration of reclaimed wastewater systems;

(f) The installation of a commercial booster pump system needed to maintain a minimum residual water pressure in a structure supplied by a municipal source;

(g) The installation of a plumbing system requiring a building water service line with an interior diameter or nominal pipe size of two inches or greater except those two-inch systems which have been designed and stamped by a licensed engineer;

(h) The installation of any multipurpose sprinkler system under standards adopted by the department.

(i) Prefabricated buildings as defined in ORS 455.010 and as further defined by the division in OAR chapter 918, division 674, where the division performs plan review for the construction or alteration of prefabricated buildings.

(2) If the division or a jurisdiction providing plumbing code plan review services requires a plumbing code plan review as authorized by section (1) of this rule, the division or jurisdiction may require the submission of complete specifications, piping layout and fixture location drawings of the proposed system or alteration before issuing a permit. Plans and specifications must indicate the nature and extent of the work proposed and show in detail that the work will conform to provisions of the Oregon Plumbing Specialty Code.

(3) The division or the jurisdiction requiring plumbing code plan review may not require plan review on more than one building or structure under construction or reconstruction at the same jobsite, as long as:

(a) The plumbing systems of the buildings or structures are materially alike; and

(b) A person obtains plumbing permits for the buildings or structures within a reasonable time.

(4) Any required plumbing code plan review service may be waived by the division or jurisdiction if the nature of the work applied for is such that reviewing of plans is not necessary to determine compliance with the Oregon Plumbing Specialty Code.

(5) When the plumbing plan review is completed by a qualified plumbing plan reviewer and a plumbing permit issued, the plans must be endorsed in writing and stamped “Approved.” The approved plans cannot be changed without authorization from the division or jurisdiction providing plumbing code plan review services.

(6) Issuance of a permit or approval of plans will not prevent the division or jurisdiction providing plumbing code plan review services from

(a) requiring the correction of errors in plans and specifications; or

(b) Preventing construction operations when in violation of the Oregon Plumbing Specialty Code or of any other ordinance; or

(7) Nothing in this rule prevents a jurisdiction from providing plan review services for utility systems situated outside the building exterior of a particular jobsite.

(8) Nothing in this rule prevents a jurisdiction from requiring information on grease processing equipment systems.

(9) Where applicable, the Department of Consumer and Business Services’ fees for plan review on complex structures will be based on the time required to review the plans, but must not exceed 30 percent of the total plumbing permit fee for the building or structure under review. When plans are incomplete or substantially changed to require additional plan review services, the department may charge an additional fee based on the time required for the additional review.

(10) Nothing in these rules shall prohibit the owner or owner’s agent from requesting and receiving a plan review for non-complex structures.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.020 & ORS 455.020
Statutes/Other Implemented: ORS 455.020
BCD 7-2026, amend filed 07/01/2026, effective 07/01/2026
BCD 13-2019, amend filed 10/21/2019, effective 01/01/2020
BCD 4-2019, temporary amend filed 04/23/2019, effective 04/23/2019 through 10/19/2019
BCD 26-2018, temporary amend filed 10/11/2018, effective 10/16/2018 through 04/13/2019
BCD 7-2018, temporary amend filed 04/19/2018, effective 04/19/2018 through 10/15/2018
BCD 7-2006, f. 6-7-06, cert. ef. 10-1-06
BCD 21-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-760-0020
DC 13-1981, f. 10-30-81, cert. ef. 11-1-81, Renumbered from 814-021-0115
DC 39-1975, f. 1-6-75, cert. ef. 2-1-75

Or. Admin. R. 918-780-0045 Medical Gas System Plan Reviews

(1) The authority having jurisdiction shall require complete specifications and plans for medical gas system installations or proposed alterations prior to issuing a permit. Plans and specifications shall indicate the nature and extent of the work proposed and show in detail that the work will conform with the medical gas provisions of these rules. Sizing calculations may be requested by the administrative authority.

(2) Medical gas systems plan review may be waived by the authority having jurisdiction for small renovations, repairs or extensions to existing systems, if the nature of the work applied for is such that reviewing of plans is not necessary to determine compliance with the medical gas provisions of these rules.

(3) Where medical gas system plans, specifications or calculations are required by the authority having jurisdiction, such plans shall bear the seal and signature of an Oregon-registered professional engineer.

(4) When the medical gas systems plan review is completed by a qualified medical gas plan reviewer and a medical gas permit is issued, the plans shall be endorsed in writing and stamped "approved.” The approved plans shall not be changed without authorization from the inspecting authority having jurisdiction.

(5) Issuance of a permit or approval of plans shall not prevent the authority having jurisdiction from requiring the correction of errors in plans and specifications or from preventing construction operations when in violation of the Plumbing Specialty Code, or of any other ordinance or from revoking any certificate of approval when issued in error.

(6) The cost of plan review for medical gas systems work performed by the Building Codes Division shall be based on the time required to review the plans, but shall not exceed 30 percent of the total plumbing permit fee for the building or structure under review. When plans are incomplete or substantially changed so as to require additional plan review, additional plan review fees may be charged based on the additional time required.

History

Statutory/Other Authority: ORS 447.020
Statutes/Other Implemented: ORS 447.010
BCD 27-2000, f. 10-13-00 cert. ef. 10-01-01

Or. Admin. R. 918-780-0050 Qualifications for Persons Performing Plumbing and Medical Gas Systems Plan Reviews

Plumbing plan reviews shall be conducted only by persons with the appropriate division plumbing inspector or limited plumbing inspector certification. Medical gas systems plan reviews shall be conducted only by persons with the appropriate division plumbing inspector certification and a current and valid medical gas inspector certification as defined in OAR 918-695-0410. Persons employed for purposes of enforcing the requirements of other administrative agencies are exempt from this rule.

History

Statutory/Other Authority: ORS 447.010, 447.020 & 455.020
Statutes/Other Implemented: ORS 447.010 & 447.020
BCD 27-2000, f. 10-13-00 cert. ef. 10-01-01
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98

Or. Admin. R. 918-780-0065 Permits Required

No person, firm, or corporation shall do plumbing or medical gas systems work in the State of Oregon without first obtaining a plumbing permit or minor label when required and paying the appropriate fees to the authorized permit issuing agency.

History

Statutory/Other Authority: ORS 447.010 & 447.020
Statutes/Other Implemented: ORS 447.010 & 447.020
BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14

Or. Admin. R. 918-780-0080 Plumbing Permit Fees

The following inspection fees are established by the board for the Building Codes Division plumbing inspections under ORS 447.020 and 447.095. This rule does not apply to municipalities administering a plumbing program:

(1) Notwithstanding any provision of this rule, which could result in a lower fee, the minimum inspection fee is $46.

(2) One and Two Family Dwellings (Dwellings) Inspection Fees — Dwelling inspection fees for new construction, including drain, waste, vent and water distribution piping, and setting of plumbing fixtures and appliances, building sanitary, storm or combination sewer service piping, and potable water service piping. The plumbing permit fees for one and two family dwelling construction, remodeling or alterations are a flat fee based only on the square footage of the structure for new construction or the number of plumbing fixtures for remodeling or alterations, as follows:

(a) Base fee (new construction 1800 square feet or less) — $210;

(b) Additional square feet exceeding 1800 @ $.20 per square foot over 1800;

(3) Manufactured Dwellings or Prefabricated Structures Inspection Fees — Manufactured dwelling or prefabricated structures inspection fees for connections to building sewer and water supply — $64.

(4) Recreational Vehicle and Manufactured Dwelling Parks Inspection Fees:

(a) $320 for the first ten or fewer spaces; and

(b) $275 for each 10 additional spaces.

(5) Commercial, Industrial, and dwellings, other than one- and two-family: Inspection Fee:

(a) Base fee (includes up to 3 fixtures and the first 100’ for each exterior, sanitary sewer, storm sewer or water supply building utility piping) — $60;

(b) $20 per each fixture over the first 3; and

(c) Site utilities exceeding the first 100’ of each (water service, storm and sanitary sewer) $20 each additional 100’ of piping or part thereof.

(6) Miscellaneous Inspection Fees:

(a) Charges for inspections requested by a governmental agency under ORS 190.003 to 190.110 are negotiable and subject to revisions project-to-project.

(b) Include, but are not limited to, residential fire sprinkler systems (multi-purpose), indirect wastes, specialty fixtures and reinspection — $46.

(7) For the purposes of calculating the permit fees under this rule, "fixtures" includes but are not limited to the following:

(a) Bathtubs;

(b) Bidets;

(d) Drinking fountains;

(e) Laundry tubs;

(f) Showers;

(g) Sinks;

(h) Urinals;

(i) Water closets; and

(j) Water heaters;

(8) Medical Gas System Inspection Fees — Inspection fees for medical gas systems are a combination of:

(a) A $219 base fee; and

(b) $1 per each inlet or outlet.

History

Statutory/Other Authority: ORS 447.020 & 447.095
Statutes/Other Implemented: ORS 447.020 & 447.095
BCD 13-2004, f. 9-7-04, cert. ef. 10-1-04
BCD 13-2002, f. 6-28-02, cert. ef. 7-1-02
BCD 13-2004, f. 9-7-04, cert. ef. 10-1-04-13-00 cert. ef. 10-01-01
BCD 27-2000 f. 10-13-00 cert. ef. 10-01-01
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-780-0015
BCA 3-1994, f. 1-14-94, cert. ef. 2-27-94
BCA 15-1993(Temp), f. 6-30-93, cert. ef. 9-1-93
BCA 12-1988, f. & cert. ef. 9-8-88, Renumbered from 814-021-0610
DC 16-1987(Temp), f. 6-25-87, cert. ef. 6-26-87
DC 27-1984, f. 8-31-84, cert. ef. 10-15-84
DC 1-1983, f & cert. ef. 1-3-83
DC 13-1981, f. 10-30-81, cert. ef. 11-1-81
DC 10-1978, f. & cert. ef. 3-16-78, Renumbered from 814-029-0020
DC 78 (Temp), f. & ef. 6-16-76 thru 10-13-76
DC 72, f. 4-19-76, ef. 6-1-76
DC 31, f. 4-19-74, ef. 5-11-74

Or. Admin. R. 918-780-0085 License Required

Whenever any plumbing installation is being made by an unlicensed person contrary to the provisions of the Oregon Plumbing Specialty Code or OAR chapter 918, division 695, the building official must stop the installation through written notice. The building official may serve the notice on any person engaged in such an installation, or by posting a copy of the written notice at the site of the installation. No person may proceed with the installation until authorized by the building official.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.010 & 447.020
Statutes/Other Implemented: ORS 447.010 & 447.020
BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14

Or. Admin. R. 918-780-0090 Requests for Inspection and Notice of Results

(1) Except as provided in section (2) of this rule, an inspecting jurisdiction shall inspect within 48 hours of a written request for inspection unless the time for inspection is extended to a set date by mutual agreement. The 48 hours excludes Saturdays, Sundays and holidays.

(2) The inspecting jurisdiction shall inspect an installation at a remote location within a reasonable time of the request.

(a) For the purpose of this section, a “remote location” is:

(B) An inspection location that requires more than one hour or normal driving, one way, using the most direct route from the closest point mentioned in paragraph (A) of this subsection.

(b) For the purposes of this section, “within a reasonable time” means a response time that takes into account the time, distance and number of inspection requests, but shall not exceed seven consecutive calendar days including the date the request was received unless the time for inspection is extended to a set date by mutual agreement. If the seventh calendar day falls on a weekend or holiday, this is extended to include the next business day.

(3) Reasonable procedures designed to provide actual notice of inspection results shall be used by all inspecting jurisdictions to notify the person requesting inspections, of the results of plumbing inspection. “Reasonable procedures designed to provide actual notice” shall include posting at the job site and:

(a) Nothing more when the installation is by an owner;

(b) Nothing more when the installation is approved;

(A) Personal delivery to the plumbing contractor;

(B) Written notification by mailing, electronic mail, or fax;

(D) Other electronic or automated notification systems.

(d) By written confirmation of inspection approval if a permit holder requests confirmation.

(4) If the inspection mentioned in sections (1) and (2) of this rule involved a cover inspection and does not include any medical gas systems or components, the work cannot be covered unless:

(a) Inspection clearance is given; or

(b) The request for inspection is in writing communicated to the inspecting jurisdiction, with notice that a cover inspection is involved, no extensions are agreed to and the maximum time for making the required inspection under sections (1) and (2) of this rule are exceeded. For the purposes of this subsection:

(A) Written request includes a letter, email, or fax transmittal; and

(B) The burden of proof is on the person requesting the plumbing inspection to prove that a written request was communicated.

(5) Correction Notice for Violations. All deviations from the requirements of the statutes or rules shall be specified in writing and a copy of the notice furnished to the permittee. An additional copy of the notice may be posted at the site of the installation or mailed or delivered to the permittee or the permittee’s agent at the address shown on the permit. The division may provide information on the meaning or application of the statutes and rules but shall not design or lay out work for contractors, owners, or users. Refusal, failure, or neglect to correct deviations from the minimum standards specified in the notice within 30 days of receipt or of posting of notice of violation shall be considered a separate violation of these administrative rules.

History

Statutory/Other Authority: ORS 447.010 & 447.020
Statutes/Other Implemented: ORS 447.010 & 447.020
BCD 14-2022, amend filed 09/29/2022, effective 10/01/2022
Renumbered from 918-785-0220, BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 27-2000, f. 10-13-00 cert. ef. 10-01-01
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98

Or. Admin. R. 918-780-0130 Use of Minor Installation Labels

(1) Plumbing contractors having a valid certificate of registration under ORS 447.030 and a verified Construction Contractors Board license, when using plumbers having a certificate of competency under ORS Chapter 693, may purchase and use minor labels as described by OAR 918-100-0000 through 918-100-0060; and

(2) Only permit requirements are deleted. The Oregon Plumbing Specialty Code and Oregon Residential Specialty Code plumbing installation provisions and plumbing product certification requirements shall be followed.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 447.072, 447.076, 455.154 & 455.155
Statutes/Other Implemented: ORS 447.072, 447.076, 455.154 & 455.155
BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 22-2004, f. & cert. ef. 10-1-04
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-01
BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00
BCD 17-1997, f. 9-30-97, cert. ef. 10-1-97
BCD 9-1997(Temp), f. 6-30-97, cert. ef. 7-1-97
BCD 17-1994, f. 7-21-94, cert. ef. 10-1-94

Or. Admin. R. 918-780-0140 Scope of Plumbing Work Allowed with Minor Installation Label

“Minor plumbing” for installations under the minor label programs permitted by OAR 918-100-0000 through 918-100-0060 shall be as follows:

(1) Commercial and industrial minor installation label programs include:

(a) Accessible plumbing repair and maintenance;

(b) Replacement of up to three accessible plumbing appliances, appurtenances or fixtures as defined in the Oregon Plumbing Specialty Code; or

(2) One- and two-family dwelling minor installation label programs include:

(a) Repair, replacement, or maintenance of water heaters, including water heater conversions;

(b) Alteration of parts of an existing plumbing system not exceeding three fixtures, or 20 feet of new piping or both provided the work is “accessible” to an inspector; or

(c) Repair or replacement of concealed freeze-damaged or leaking parts of an existing plumbing system not exceeding three fixtures, or 20 feet of new piping or both.

(d) Plumbing fixtures as used in this section include, but are not limited to, bathtubs, bidets, showers, sinks, water closets and water heaters.

(3) Cross-connection control devices are not considered minor plumbing installations and are excluded under these rules.

History

Statutory/Other Authority: ORS 447.072, 447.076, 455.154 & 455.155
Statutes/Other Implemented: ORS 447.072, 447.076, 455.154 & 455.155
BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14
BCD 22-2004, f. & cert. ef. 10-1-04
BCD 4-2002, f. 3-8-02, cert. ef. 4-1-01
BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98
BCD 17-1994, f. 7-21-94, cert. ef. 10-1-94