The Oregon Administrative Rules contain OARs filed through January 15, 2010

DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
BUILDING CODES DIVISION

918-480-0001

Reasonable Notice to Interested Parties

Prior to the adoption, amendment or repeal of any rule relating to the One- and Two-Family Dwelling Specialty Code, the Building Codes Division shall give notice of intended 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 mailing a copy of the notice to persons on the mailing list established pursuant to ORS 183.335 and 918-001-0210; and

(3) To the Capitol Press Room.

Stat. Auth.: ORS 183.335
Stats. Implemented: ORS 183.335
Hist.: BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98

918-480-0002

Low-Rise Residential Dwelling Code

Prior to April 1, 2005, any references to the Oregon Residential Specialty Code shall mean the Oregon One-and Two-Family Dwelling Specialty Code.

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

Stat. Auth.: ORS 455.610
Stats. Implemented: ORS 455.610
Hist.: BCD 20-2004, f. 9-30-04, cert. ef. 10-1-04

918-480-0005

Minimum Safety Standards for the Design and Construction of Residential Dwellings

(1) The Low-Rise Residential Dwelling Code, identified in ORS 455.610, shall be known as the Oregon Residential Specialty Code.

(2) Effective April 1, 2008, the 2008 Oregon Residential Specialty Code is the 2006 Edition of the International Residential Code for One- and Two-Family Dwellings, as published by the International Code Council, Inc. and as further amended by the Building Codes Division.

(3) For the purposes of implementing a phase-in period for the 2008 Oregon Residential Specialty Code, the 2005 Oregon Residential Specialty Code is adopted for a period of 90-days beginning April 1, 2008 and ending June 30, 2008.

(4) During the 90-day phase-in period established in subsection (3), all building departments in the state are required to accept plans for low-rise residential dwellings designed to either the 2008 Oregon Residential Specialty Code or to the 2005 Oregon Residential Specialty Code.

(5) Applicability of code changes to pending applications. Code requirements in effect at the time a plan review or permit application is filed shall control the construction under the application unless the applicant agrees to be controlled by subsequent changes.

[Publications: Publications referenced are available for review at the division. See division web site for information on where to purchase publications.]

Stat. Auth.: ORS 455.020, 455.030, 455.110, 455.380 & 455.525
Stats. Implemented: ORS 455.610
Hist.: DC 11-1986, f. 6-30-86, ef. 7-1-86; DC 6-1987(Temp), f. & ef. 4-3-87; Renumbered from 814-031-0005; BCA 3-1990, f. 1-30-90, cert. ef. 4-1-90; BCA 7-1990(Temp), f. 3-23-90, cert. ef. 4-1-90; BCA 21-1990, f. 8-28-90, cert. ef. 9-24-90; BCA 30-1990, f. 12-21-90, cert. ef. 1-1-92; BCA 8-1991, f. 4-10-91, cert. ef. 7-1-91; BCA 32-1991(Temp), f. & cert. ef. 9-30-91; BCA 1-1992, f. & cert. ef. 2-6-91; BCA 4-1992(Temp), f. 3-4-92, cert. ef. 3-5-92; BCA 6-1992, f. 3-24-92, cert. ef. 3-27-92; BCA 13-1992, f. 6-29-92, cert. ef. 7-1-92; BCA 28-1992(Temp), f. 12-30-92, cert. ef. 1-1-93; BCA 3-1993(Temp), f. & cert. ef. 3-3-93; BCA 7-1993, f. 4-28-93, cert. ef. 5-1-93; BCA 10-1993(Temp), f. & cert. ef. 6-11-93; BCD 3-1996, f. 2-2-96, cert. ef. 4-1-96; BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98, Renumbered from 918-480-0000; BCD 3-2000, f. 1-14-00 cert. ef. 4-1-00; BCD 33-2002, f. 12-20-02 cert. ef. 4-1-03; BCD 15-2004, f. 9-10-04, cert. ef. 10-1-04; BCD 5-2005, f. & cert. ef. 3-28-05; BCD 5-2008, f. 2-22-08, cert. ef. 4-1-08

918-480-0010

Amendments to the Oregon Residential Specialty Code

(1) The Oregon Residential Specialty Code is adopted and amended pursuant to OAR chapter 918, division 8. Amendments adopted for inclusion into the Oregon Residential Specialty Code are placed in this rule, showing the section reference and a descriptive caption.

(2) Effective April 1, 2008:

(a) The 2006 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials and amended by the division, is adopted to provide the plumbing provisions of the Oregon Residential Specialty Code; and

(b) The 2008 Edition of the NFPA 70, National Electrical Code as amended by the division is adopted to provide the electrical provisions of the Oregon Residential Specialty Code. See OAR chapter 918, division 305 for Oregon amendments to NFPA 70, National Electrical Code.

(3) Effective April 1, 2007 Appendix N, Low-Rise Multiple-Family Dwelling Construction is moved from the 2005 Oregon Residential Specialty Code to the 2007 Oregon Structural Specialty Code.

(4) During the phase-in period established in OAR 918-480-0005(3), plans designed to the 2005 Oregon Residential Specialty Code must use the plumbing and electrical provisions included in that 2005 code. Plans that are designed to the 2008 Oregon Residential Specialty Code must use the plumbing and electrical provisions adopted in this rule.

(5) Effective October 1, 2008, the following sections of the 2008 Oregon Residential Specialty Code are amended:

(a) Section R 109.1.4.1 Moisture content.

(b) Section R318.2 Moisture content.

(6) Effective February 1, 2009, following sections of the 2008 Oregon Residential Specialty Code are amended:

(a) Section R602.10.9 Interior braced wall support.

(b) Section R613.2 Window sills is added

(c) Section R.613.2.1 Operation for emergency escape is added

(d) Chapter 43 Referenced Standards.

(7) Effective October 1, 2009, the following sections of the 2008 Oregon Residential Specialty Code are amended:

(a) Section AG106 Entrapment Protection For Swimming Pool And Spa Suction Outlets is added.

(b) Section AG107 Abbreviations.

(c) Section AG108 Standards.

(8)(a) Effective January 1, 2010, the following sections of the 2008 Oregon Residential Specialty Code are amended:

(A) Section R703.1 General

(B) Section R703.1.1 Exterior Wall Envelope

(b) Changes to the 2008 Oregon Residential Specialty Code made by subsection (a) of this section are subject to a grace period ending March 31, 2010. During the grace period, the building official must approve installations that meet either the standard adopted under Section R703.1 prior to this amendment or the standard established by this amendment.

NOTE: The amendments are published in their entirety in Table 2-R.

[ED. NOTE: Table referenced is not included in rule text. Click here for PDF copy of table.]

[Publications: Publications referenced are available for review at the division. See division web site for information on where to purchase publications.]

Stat. Auth.: ORS 455.020, 455.110, 455.525 & 455.610
Stats. Implemented: ORS 455.610
Hist.: BCA 18-1993, f. 8-24-93, cert. ef. 8-29-93; BCA 28-1993, f. 10-22-93, cert. ef. 1-1-94; BCA 29-1993, f. 11-24-93, cert. ef. 12-1-93; BCD 6-1995, f. 3-31-95, cert. ef. 4-1-95; BCD 3-1996, f. 2-2-96, cert. ef. 4-1-96; BCD 22-1996(Temp), f. 10-1-96, cert. ef. 10-4-96; BCD 5-1997, f. 3-21-97, cert. ef. 4-1-97; Administrative Reformatting 1-19-98; BCD 3-1998, f. 1-29-98, cert. ef. 4-1-98; BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98; BCD 3-2000, f. 1-14-00 cert. ef. 4-1-00; BCD 19-2000(Temp), f.& cert. ef. 8-15-00 thru 2-10-01; BCD 32-2000, f. 12-27-00, cert. ef. 1-1-01; BCD 3-2001, f. 2-9-01, cert. ef. 3-1-01; BCD 2-2002, f. 3-5-02, cert. ef. 4-1-02; BCD 22-2002(Temp), f. 9-13-02 cert. ef. 10-1-02 thru 3-29-03; BCD 30-2002, f. 12-6-02, cert. ef. 1-1-03; BCD 1-2003(Temp), f. & cert. ef. 1-10-03 thru 3-31-03; BCD 33-2002, f. 12-20-02 cert. ef. 4-1-03; BCD 15-2004, f. 9-10-04, cert. ef. 10-1-04; BCD 5-2005, f. & cert. ef. 3-28-05; BCD 9-2006, f. 6-30-06, cert. ef. 7-1-06; BCD 1-2007, f. 2-15-07, cert. ef. 4-1-07; BCD 5-2008, f. 2-22-08, cert. ef. 4-1-08; BCD 13-2008(Temp), f. & cert. ef. 7-3-08 thru 12-30-08; BCD 21-2008, f. 9-30-08, cert. ef. 10-1-08; BCD 24-2008(Temp), f. & cert. ef. 10-6-08 thru 4-1-09; BCD 1-2009, f. 1-30-09, cert. ef. 2-1-09; BCD 8-2009, f. 9-30-09, cert. ef. 10-1-09

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 One- and Two-Family Dwelling Specialty Code are found in Table 1-A of the Oregon Structural Specialty Code and Table 1-A of the Oregon Mechanical Specialty Code as reprinted in the One- and Two-Family Dwelling Specialty Code as adopted in OAR 918-480-0005. These fees are based on 130 percent of the Uniform Building Code and Uniform Mechanical Code as published by the International Conference of Building Officials, as authorized in ORS 455.210.

(2) Amend Table 1-A Structural Permit Fees as follows: [Table not included. See ED. NOTE.]

(3) Amend Table 1-A Mechanical Permit Fees as follows: [Table not included. See ED. NOTE.]

[ED. NOTE: Tables referenced are available from the agency.]

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

Stat. Auth.: ORS 455.020 & 455.210
Stats. Implemented: ORS 455.210
Hist.: BCD 8-1999(Temp), f. & cert. ef. 7-1-99 thru 12-27-99; BCD 11-1999, f. 9-7-99, cert. ef. 10-1-99; BCD 33-2002, f. 12-20-02 cert. ef. 4-1-03; BCD 15-2004, f. 9-10-04, cert. ef. 10-1-04

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 One- and Two-Family Dwelling Specialty Code, the following fees in addition to the applicable plan review and permit fees shall apply:

(1) Phased Permits. There shall be an application fee of $50 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 918-480-0020 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 shall be 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.]

Stat. Auth.: ORS 455.020
Stats. Implemented: ORS 455.020
Hist.: BCD 26-2001, f. 12-28-01, cert. ef. 1-1-02

918-480-0100

Purpose and Scope

(1) The building official may allow an alternate to the minimum requirements of the One- and Two-Family Dwelling Specialty Code as authorized by ORS 455.610, which may include, but is not limited to, installation of an automatic fire sprinkler system, where it is determined the fire apparatus means of approach to a property or the fire fighting water supply serving a property, does not meet the local standards adopted in accordance with the applicable fire code and state building code requirements. The rule shall apply only to dwellings and habitable rooms within accessory structures built under the One- and Two-Family Dwelling Specialty Code unless otherwise stated in the land use approvals for accessory structures built under this code.

(2) These rules are not intended to automatically require construction elements that are not otherwise required by the One- and Two-Family Dwelling Specialty Code.

(3) A request for an alternate under these rules may be approved only where the property is included in an area:

(a) Where there is an established and recognized provider of fire protection services; and

(b) Where there are local standards adopted in accordance with applicable fire code and state building code requirements identified for fire fighting water supply or fire apparatus access roads that include any or all of the following: public access roads, shared private access roads and private driveways.

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

Stat. Auth.: ORS 455.610
Stats. Implemented: ORS 455.610
Hist.: BCD 20-2002, f. 8-1-02, cert. ef. 10-1-02

918-480-0110

Definitions

For the purpose of these rules:

(1) "Fire Apparatus Means of Approach" may include a public access road, a shared private access road or a private driveway.

(2) "Private Driveway" means a private road giving fire apparatus access from a public access road or shared private access road to a building or buildings on a single property.

Stat. Auth.: ORS 455.610
Stats. Implemented: ORS 455.610
Hist.: BCD 20-2002, f. 8-1-02, cert. ef. 10-1-02

918-480-0120

Approval of an Alternate Method of Construction

The building official shall ensure the following criteria have been met when allowing the use of an approved alternate method of fire protection under the scope of these rules:

(1) The alternate shall be at the request of the applicant;

(2) For lots of record created on or after January 1, 2002, the building official shall confirm the fire official having authority has, in accordance with the adopted fire code:

(a) Approved the alternate to adopted fire apparatus access road, private driveway or fire fighting water supply standards during the land use approval process; and

(b) The approved alternate has been recorded on the property deed as a requirement for future construction.

(3) For lots of record created before January 1, 2002, the building official shall, prior to authorizing an alternate allowing the development of a parcel that could not otherwise be developed because it cannot meet adopted fire access road, private driveway or fire fighting water supply standards, consult with the fire official having authority to approve an alternate to fire access and water supply standards under the adopted fire code;

(4) Providing the requirements of this rule are met, the local building official is authorized to enforce the conditions of an approved alternate method of construction when it is part of the building construction; and

(5) When the approved alternate is a fire sprinkler system, the minimum standard for installation within one- and two-family dwellings shall be the 1999 Edition of NFPA 13-D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes.

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

Stat. Auth.: ORS 455.610
Stats. Implemented: ORS 455.610
Hist.: BCD 20-2002, f. 8-1-02, cert. ef. 10-1-02

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 is also certified in the state of Oregon as one and two family dwelling plans examiners, 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" shall be defined as a type of construction that complies with the requirements under the latest edition of the Oregon One and Two Family Dwelling Specialty Code (Code) and subject to the following limitations:

(1) Buildings shall 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 code;

(2) Buildings shall be subject to the maximum height and story limitations as specified in the code;

(3) Bearing wall floor-to-floor heights shall not exceed those specified in the code;

(4) All design loads, including wind and seismic loading shall not be less than those allowed by the code;

(5) Site topography and site geotechnical limitations shall not exceed those allowed by the code; and

(6) Buildings subject to the irregular building limitations as specified in the code.

Stat. Auth.: ORS 455.020, 455.030 & 455.628
Stat. Implemented.: ORS 455.628
Hist.: BCD 11-2004, f. 8-13-04, cert. ef. 10-1-04

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) This rule applies to a new residential dwelling or townhouse, if the structural permit for construction of the residential dwelling or townhouse was applied for on or after April 1, 2008.

(3) For purposes of this rule, the terms "residential dwelling" and "townhouse" have the same meaning as in section R202 of the 2008 Oregon Residential Specialty Code.

(4) 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.

(5) 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.

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

Stat. Auth.: ORS 455.055
Stat. Implemented: ORS 455.055
Hist.: BCD 3-2008, f. 2-21-08, cert. ef. 4-1-08

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 Section NF1110.1 of the Oregon Residential Specialty Code.

(c) “Window produced in low volume” has the definition provided in Section NF1110.1 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 shall:

(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 Section NF1113 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 shall 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 shall be sent to the division by no later than January 31st of each year. The log shall 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 Section NF1113 of the Oregon Residential Specialty Code.

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

Stat. Auth.: ORS 455.525
Stat. Implemented: ORS 455.525
Hist.: BCD 26-2008(Temp), f. & cert. ef. 11-3-08 thru 5-1-09; BCD 36-2008, f. 12-31-08, cert. ef. 1-1-09

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