ORS 455.040: State building code preempts local ordinances and rules; exemptions; criteria.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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]
Administrative rules citing this section
- OAR 918-020-0370: Local Amendment Requests — implements
- OAR 918-100-0065: Scope of Work for Master Permits — authority
- OAR 918-100-0070: Issuance of Master Permits — authority
- OAR 918-100-0080: Work Qualifying for the Master Permit Program — authority
- OAR 918-100-0090: Master Permit Fees — authority
- OAR 918-100-0100: Master Permit Requirements for Applicants — authority
- OAR 918-100-0110: Delegation of Special Inspection Programs — authority
- OAR 918-100-0120: Clarification of Jurisdiction — authority
This rule cites
- ORS 455.030 — resolved
- ORS 183.355 — resolved
Cited by
- ORS 447.080: City and county plumbing regulations.
- ORS 455.330: Counties authorized to exempt owner-built dwellings in rural areas from structural code.
- ORS 455.417: Provision of electric service capacity for charging electric vehicles in newly constructed buildings; requirements; exemptions; rules.
- ORS 455.573: Outdoor shielded lighting fixtures; waiver by municipality.
- ORS 469.277: Department adoption of performance standards; enforcement; rules.
- OAR 918-020-0370: Local Amendment Requests
- OAR 918-750-0100: Scope of the Oregon Plumbing Specialty Code
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors455.html