455.040 State building code preempts local ordinances and rules; exemptions; criteria

194 words·~1 min read·/or/ors-chapter-455/455-040

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.

(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]