Bill Text: OR HB3361 | 2011 | Regular Session | Enrolled


Bill Title: Relating to clustered mailboxes; and declaring an emergency.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2011-06-23 - Chapter 488, (2011 Laws): Effective date June 23, 2011. [HB3361 Detail]

Download: Oregon-2011-HB3361-Enrolled.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 3361

Sponsored by Representative WHISNANT; Representatives CONGER,
  FREEMAN, HANNA, Senator TELFER

                     CHAPTER ................

                             AN ACT

Relating to clustered mailboxes; creating new provisions;
  amending ORS 447.210; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 447.210 is amended to read:
  447.210. As used in ORS 447.210 to 447.280, unless the context
requires otherwise:
  (1) 'Affected buildings' includes any place of public
accommodations and commercial facilities designed, constructed
and altered in compliance with the accessibility standards
established by the Americans with Disabilities Act. 'Affected
buildings ' also includes any government building that is subject
to Title II of the Americans with Disabilities Act. 'Affected
buildings ' also includes private entities, private membership
clubs and churches that have more than one floor level and more
than 4,000 square feet in ground area or that are more than 20
feet in height, measured from the top surface of the lowest
flooring to the highest interior overhead finish of the building.
  (2) 'Americans with Disabilities Act' means the Americans with
Disabilities Act of 1990 found at 42 U.S.C. section 12101 et seq.
  (3) 'Architectural barriers' are physical design features that
restrict the full use of affected buildings and their related
facilities by persons with disabilities.
  (4) 'Commercial facilities' includes nonresidential facilities,
such as office buildings, factories and warehouses, whose
operations affect commerce.
  (5) 'Covered multifamily dwellings' means buildings consisting
of four or more dwelling units if such buildings have one or more
elevators, and ground floor dwelling units in other buildings
consisting of four or more dwelling units. Dwelling units within
a single structure separated by firewalls do not constitute
separate buildings.
  (6) 'Department' means the Department of Consumer and Business
Services.
  (7) 'Director' means the Director of the Department of Consumer
and Business Services.
  (8) 'Fair Housing Act' means the Fair Housing Act of 1968, as
amended in 1988, found at 42 U.S.C. section 3604 et seq.
  (9) 'Municipality' means a city, county or other unit of local
government otherwise authorized by law to enact building codes.
  (10) 'Private entities' means privately owned entities offering
examinations or courses related to applications, licensing,

Enrolled House Bill 3361 (HB 3361-A)                       Page 1

certification or credentials for secondary or post-secondary
education, professional or trade purposes.
  (11) 'Public accommodations' means a facility whose operations
affect commerce and fall within at least one of the following
categories:
  (a) Places of lodging not including owner-occupied
establishments renting fewer than six rooms;
  (b) Establishments serving food or drink;
  (c) Places of exhibition or entertainment;
  (d) Places of public gathering;
  (e) Sales or rental establishments;
  (f) Service establishments;
  (g) Public transportation terminals, depots or stations;
  (h) Places of public display or collection;
  (i) Places of recreation;
  (j) Places of education;
  (k) Social service center establishments; and
  (L) Places of exercise or recreation.
  (12) 'Related facilities' means building site improvements
including, but not limited to, parking lots, passageways,
roads { + , clustered mailboxes located either on the site or in
an adjacent public right of way + } or any other real or personal
property located on the site.
  (13) 'Structural code' means the specialty code defined in ORS
455.010.
  SECTION 2.  { + Each city in this state shall adopt standards
and specifications for clustered mailboxes within the boundaries
of city streets and rights-of-way that conform to the standards
and specifications for such mailboxes contained in the State of
Oregon Structural Specialty Code. + }
  SECTION 3.  { + Each county in this state shall + }  { + adopt
standards and specifications for clustered mailboxes within the
boundaries of county roads and rights-of-way that conform to the
standards and specifications for such mailboxes contained in the
State of Oregon Structural Specialty Code. + }
  SECTION 4.  { + Sections 2 and 3 of this 2011 Act become
operative on June 1, 2012. + }
  SECTION 5.  { + Prior to April 1, 2012, the Director of the
Department of Consumer and Business Services shall adopt
amendments to the standards and specifications in the State of
Oregon Structural Specialty Code to incorporate standards and
specifications for clustered mailboxes that are consistent with:
  (1) The provisions of the Americans with Disabilities Act and
implementing federal regulations; and
  (2) Existing accessibility provisions within the State of
Oregon Structural Specialty Code. + }
  SECTION 6.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Enrolled House Bill 3361 (HB 3361-A)                       Page 2

Passed by House April 26, 2011

Repassed by House June 14, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate June 10, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 3361 (HB 3361-A)                       Page 3

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 3361 (HB 3361-A)                       Page 4
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