Bill Text: OR HB3326 | 2013 | Regular Session | Introduced

Oregon House Bill 3326 (Prior Session Legislation)

Bill Title: Relating to the state building code.

Sponsorship: Slight Partisan Bill (Democrat 8-5)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3326 Detail]

Download: Oregon-2013-HB3326-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3255

                         House Bill 3326

Sponsored by Representatives CLEM, SMITH, BENTZ, HOYLE;
  Representatives BAILEY, KENNEMER, RICHARDSON, WILLIAMSON,
  Senators BURDICK, EDWARDS, GIROD, JOHNSON, ROBLAN, THOMSEN

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Makes legislative findings regarding structures in rural or
remote areas.
  Authorizes Director of Department of Consumer and Business
Services to limit application of specialty code provision of
state building code if director considers provision unclear,
duplicative, inadequate or unsuitable for structure or structure
uses. Authorizes director to adopt alternative standard if
director considers specialty code provision unclear, duplicative,
inadequate or unsuitable for structure or structure uses.
  Authorizes building officials, plans examiners and department
employees to provide consultation and advice regarding specific
requirements to qualify project for plan approval.
  Allows person constructing project at location within
municipality having building inspection program to request
provision of building inspection program services by department
instead of municipality. Authorizes department to grant request
and provide services. Allows department to make project subject
to state administrative standards and fees, municipal
administrative standards and fees or combination of state and
municipal standards and fees. Authorizes department to contract
with state agencies and local governments regarding project.

                        A BILL FOR AN ACT
Relating to the state building code.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 5 of this 2013 Act are added to
and made a part of ORS chapter 455. + }
  SECTION 2.  { + The Legislative Assembly finds and declares
that:
  (1) It is in the best interests of this state to encourage
experimentation, innovation and cost effectiveness in state
building code regulations applicable to construction in rural or
remote parts of this state; and
  (2) Special consideration should be given to structures built
in rural or remote parts of this state in order to address
unclear, duplicative, inadequate or unsuitable provisions of the
state building code. + }
  SECTION 3.  { + (1) Notwithstanding any provision of this
chapter or ORS chapter 460, 479, 480 or 693, the Director of the
Department of Consumer and Business Services may limit the
application of a specialty code provision to exclude one or more
types of structure or structure uses if the director considers
the specialty code provision to be unclear, duplicative,
inadequate or unsuitable for the structure or structure uses.
  (2) The director may adopt alternative requirements for the
purpose of addressing unclear, duplicative, inadequate or
unsuitable specialty code provisions. An alternative requirement
adopted by the director under this subsection is not an amendment
or modification of the state building code.
  (3) The powers granted to the director under this section are
in addition to any powers granted to the director under ORS
455.030, 455.060, 455.065, 455.112 and 455.154. The director may
at the discretion of the director establish, terminate or change
the nature or extent of a provision applicability limitation or
alternative requirement under this section. A discretionary
action by the director under this section is not subject to
appeal.
  (4) Alternative requirements adopted by the director under this
section may include, but need not be limited to, requirements
regarding the fire apparatus means of approach to a property and
the adequacy of a water supply. If an alternative requirement
adopted by the director under this section conflicts with any
rules of the State Fire Marshal, the alternative requirement
shall apply. + }
  SECTION 4.  { + A building official as defined in ORS 455.715,
a plans examiner acting under the authority and direction of a
building official or an employee of the Department of Consumer
and Business Services may consult with and advise an applicant
for a building permit regarding the plan content requirements and
alternative possibilities for correcting deficiencies in plan
content in order to meet building code requirements and obtain
plan approval. The consultation and advice may include the
provision of calculations, acceptable sizing of components that
are subject to a specialty code and minimum requirements for
health and safety. A building official, plans examiner or
department employee providing consultation and advice under this
section is not engaged in the practice of architecture for
purposes of ORS 671.010 to 671.220, the practice of landscape
architecture for purposes of ORS 671.310 to 671.459 or the
practice of engineering for purposes of ORS 672.002 to
672.325. + }
  SECTION 5.  { + (1) Notwithstanding ORS 455.148 and 455.150, a
person that wishes to obtain building inspection program services
for a project at a location within a municipality that has a
building inspection program may apply to the Department of
Consumer and Business Services for the department to provide the
building inspection program services for the project. The
department may grant, deny or partially grant a request made
under this section at its discretion and the decision of the
department is not subject to appeal. If the department grants the
request, the department may provide all or part of the building
inspection program services for the project as agreed to by the
requesting person and the department, including, but not limited
to, plan review and inspection services.
  (2) Notwithstanding ORS 455.210 and ORS chapters 291 and 292,
if the department provides services for a project under this
section, the department may act to ensure that the project
proceeds in a timely, consistent and flexible manner by making
the project subject to state administrative standards and fees,
the administrative standards and fees of the municipality or a
combination of state and municipal administrative standards and
fees. The department may enter into agreements with units of
local government and state agencies under ORS 190.110 as the
department considers necessary to ensure that a project proceeds
in a timely, consistent and flexible manner. + }
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