Oregon Statutes 455.040 – State building code preempts local ordinances and rules; exemptions; criteria
(1) The state building code shall be applicable and uniform throughout this state and in all municipalities, and no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed by the state building code but which provides different requirements unless authorized by the Director of the Department of Consumer and Business Services. The director’s authorization shall not be considered an amendment to the state building code under ORS § 455.030. The director shall encourage experimentation, innovation and cost effectiveness by municipalities in the adoption of ordinances, rules or regulations which conflict with the state building code.
Terms Used In Oregon Statutes 455.040
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Department: means the Department of Consumer and Business Services. See Oregon Statutes 455.010
- Director: means the Director of the Department of Consumer and Business Services. See Oregon Statutes 455.010
- Municipality: means a city, county or other unit of local government otherwise authorized by law to administer a building code. See Oregon Statutes 455.010
- State building code: means the combined specialty codes. See Oregon Statutes 455.010
- Structural code: means the specialty code prescribing structural standards for building construction. See Oregon Statutes 455.010
(2) Subsection (1) of this section is operative:
(a) With regard to the state structural code, July 1, 1974.
(b) With regard to the state mechanical, heating and ventilating code, on the effective date of such code as determined under ORS § 183.355.
(c) With regard to each specialty code not named by paragraphs (a) and (b) of this subsection, on the effective date, as determined under ORS § 183.355, of the first amendments to such code adopted pursuant to this chapter. [Formerly 456.775]