OAR 632-005-0070: Exemption Responsibility

(1) Local governments with authority to enforce the Oregon Structural Specialty Code (OAR 918-460-0010) in the tsunami inundation zone shall be responsible for determining whether a facility or structure is: (a) Inside the inundation zone; (b) Subject to these rules; (c) Exempt due to the need based on strategic location or school district boundaries as described in ORS 455.446(1)(e); or (d) Exempt due to water-dependent or water-related status as described in ORS 455.446(3) and as defined in OAR 632-005-0020(1)(m) and (n). (2) Local governments with authority for enforcing the Oregon Structural Specialty Code determine the timing of this decision and what constitutes a need for strategic location. This determination is separate from any board exceptions decisions. (3) If the local government does not have authority to enforce the Oregon Structural Specialty Code, the local government shall determine whether it makes the determinations referenced in sections (1) and (2) of this rule or whether the determinations are made by the alternative authority enforcing the Oregon Structural Specialty Code. (4) Water-dependent and water-related facilities and structures in the tsunami inundation zone are exempt from restrictions under ORS 455.446.