(1) In the manner provided in ORS Chapter 183 for the adoption of rules and after consideration of available technology and costs, the Building Codes Structures Board and the Residential and Manufactured Structures Board, or the Construction Industry Energy Board, may make recommendations to the Director of the Department of Consumer and Business Services for the establishment of basic and uniform performance standards to provide maximum energy conservation and use of passive solar energy in the design, construction, reconstruction, alteration and repair of buildings and other structures. Such standards shall be submitted to the Director of the Department of Consumer and Business Services for proposed inclusion in the state building code by the Building Codes Structures Board or the Residential and Manufactured Structures Board as provided by ORS § 455.030 (4) or by the Construction Industry Energy Board as provided under ORS § 455.496.

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(2) Any testing requirements adopted under subsection (1) of this section do not apply to fenestration products that are for use within residential structures if the fenestration products are:

(a) Used in the creation of sunrooms and solariums and constructed with a minimum of a one-half inch space between the panes; or

(b) Fenestration products used as skylights that constitute no more than 10 percent of the total glazing used in any dwelling unit.

(3) The Residential and Manufactured Structures Board or the Construction Industry Energy Board shall develop, for adoption by the director, default thermal performance values for residential fenestration products that are produced in low volume. Any testing requirements adopted under subsection (1) of this section or ORS § 455.020, 455.030 or 455.496 do not apply to residential fenestration products that are produced in low volume.

(4) Fenestration products manufactured for use as skylights that are subject to the provisions of subsection (1) of this section and have frames that are wood, thermal break aluminum or aluminum with vinyl shall be deemed to meet any performance standards included in the state building code when the following glazing configurations are used:

(a) A minimum one-half inch space between the panes and low-e (emissivity) glass; or

(b) Triple-layered acrylic.

(5) Regulations relating to the use and conservation of energy adopted pursuant to ORS § 455.020 (2) shall be reviewed by the Building Codes Structures Board and the Residential and Manufactured Structures Board or by the Construction Industry Energy Board. [Formerly 456.740; 1993 c.744 § 95; 1993 c.782 § 1; 1999 c.59 § 128; 2003 c.675 § 29; 2009 c.567 5,19]