Oregon Statutes 455.616 – Construction standards for small homes
(1) As used in this section, ‘small home’ means a dwelling that is not more than 400 square feet in size.
Terms Used In Oregon Statutes 455.616
- 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
- Low-Rise Residential Dwelling Code: means the adopted specialty code that, subject to section 2, chapter 401, Oregon Laws 2019, prescribes standards for the construction of residential dwellings that are three stories or less above grade and have an exterior door for each dwelling unit, but are not facilities or homes described in ORS § 443. See Oregon Statutes 455.010
- Small Home Specialty Code: means the specialty code adopted under section 2, chapter 401, Oregon Laws 2019. See Oregon Statutes 455.010
- State building code: means the combined specialty codes. See Oregon Statutes 455.010
(2) The Director of the Department of Consumer and Business Services shall adopt construction standards for small homes for incorporation into the state building code. The construction standards for small homes must include, but need not be limited to, standards that:
(a) Allow sleeping lofts; and
(b) Allow the use of ladders or alternate tread devices as the primary means of egress from a sleeping loft. [2019 c.401 § 9]
455.616 becomes operative January 2, 2026. See section 18, chapter 401, Oregon Laws 2019, as amended by section 1c, chapter 422, Oregon Laws 2019, and section 6, chapter 54, Oregon Laws 2022.
455.616 was added to and made a part of ORS Chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
(Temporary provisions relating to small home construction standards)
Sections 1 and 2, chapter 401, Oregon Laws 2019, provide:
Sections 2 and 9 [455.616] of this 2019 Act are added to and made a part of ORS Chapter 455. [2019 c.401 § 1]
(1) As used in this section, ‘small home’ means a single family residence that is not more than 400 square feet in size.
(2) Notwithstanding ORS § 455.020 and 455.030, the 2018 International Residential Code, including but not limited to Appendix Q of that code, is adopted as a Small Home Specialty Code applicable to the construction of a small home.
(3) Notwithstanding ORS § 455.035 and 455.110, the Director of the Department of Consumer and Business Services shall amend the Low-Rise Residential Dwelling Code as necessary to ensure that for a small home the technical provisions of the Small Home Specialty Code adopted under this section supersede any conflicting technical provisions of the Low-Rise Residential Dwelling Code.
(4) Notwithstanding ORS § 455.020 and 455.030, and subject to section 9 of this 2019 Act [455.616], the director may not adopt rules amending the Small Home Specialty Code. The director may report recommendations for amendment of the Small Home Specialty Code to an interim or regular committee of the Legislative Assembly related to business, in the manner provided under ORS § 192.245.
(5) A small home must be constructed with at least one listed photoelectric smoke alarm. The alarm must be installed and located in accordance with the listing requirements specified by the manufacturer, as determined by the Department of Consumer and Business Services or the State Fire Marshal.
(6) Each small home shall be considered a single compartment for purposes of residential fire sprinkler design. The design calculation for a small home sprinkler system shall consider a maximum of two fire sprinklers. The fire sprinklers shall have a maximum combined design flow that is less than 20 gallons per minute and be served by a water meter of the standard default size for the area where the home is being sited. The residential fire sprinklers in a small home shall, for coverage purposes, be located according to the location requirements of the installation standard referenced in the 2018 International Residential Code.
(7) A municipal building official may allow increased detection and occupant notification, including the installation of heat detector unit alarms, in lieu of a fire sprinkler head for coverage purposes or in lieu of a fire sprinkler system. A building official may allow a replacement under this subsection without establishing that the increased detection and occupant notification is equivalent to a replaced sprinkler head or sprinkler system.
(8) A building official may alter, modify or waive any specialty code requirement for a small home when strict adherence to the Small Home Specialty Code is impractical or infeasible.
(9) The building permits and zoning permits for a small home shall designate the small home as a single family project. The certificate of occupancy for a small home may allow occupancy of the home only for residential use as a single family dwelling. [2019 c.401 § 2]
Section 2, chapter 401, Oregon Laws 2019, is repealed January 2, 2026. See section 17, chapter 401, Oregon Laws 2019, and section 18, chapter 401, Oregon Laws 2019, as amended by section 1c, chapter 422, Oregon Laws 2019, and section 6, chapter 54, Oregon Laws 2022.
[1987 c.604 § 3; repealed by 1991 c.366 § 2]