Chapter 455

      455.010 to 455.230

(formerly 456.750 to 456.890)

NOTES OF DECISIONS

      Although state structural specialty code sets standard requiring only single wall construction, home rule city was entitled to enact ordinance requiring new homes to use double wall construction. State ex rel Haley v. Troutdale, 281 Or 203, 576 P2d 1238 (1978)

ATTY. GEN. OPINIONS: Authority of State Fire Marshal to adopt regulations, (1974) Vol 36, p 1102

      455.010

(formerly 456.750)

ATTY. GEN. OPINIONS: Code application to public water reservoirs, water and sewage plants and similar facilities, (1976) Vol 38, p 115; application of state building code to hydroelectric plants built on public waterways or facilities certified by Energy Facility Siting Council, (1980) Vol 41, p 305

      455.020

(formerly 456.755)

ATTY. GEN. OPINIONS: Authority of Commerce Department or city and county governments to adopt regulations requiring correction of unsafe and unsanitary conditions in existing buildings, (1979) Vol 40, p 132; construction of federal building as subject to state and local building code requirements, (1981) Vol 42, p 24

      455.030

NOTES OF DECISIONS

      Agency decision to not incorporate proposal into state building code is not final order subject to circuit court review. Studor, Inc. v. State of Oregon, 224 Or App 299, 197 P3d 554 (2008), Sup Ct review denied

      455.040

(formerly 456.775)

ATTY. GEN. OPINIONS: Interpretation of term “maximum energy conservation” in this section, (1979) Vol 39, p 688; local government permits and inspections for items designated exempt by Structural Specialty Code sec 301 (a), (1980) Vol 41, p 47

      455.148

ATTY. GEN. OPINIONS: Authority of municipality to contract out municipality’s entire building inspection program to private party, (2019) No. 8296

      455.150

(formerly 456.800)

NOTES OF DECISIONS

      State building code does not impose upon local governments legal obligation to administer state codes. State ex rel Haley v. Troutdale, 281 Or 203, 576 P2d 1238 (1978)

ATTY. GEN. OPINIONS: Required action of Director of Commerce when municipality is unable to meet statutory requirements for administering and enforcing speciality codes, (1978) Vol 38, p 1923; respective responsibilities of state and municipal building officials and State Fire Marshal, (1987) Vol 45, p 179; authority of municipality to contract out municipality’s entire building inspection program to private party, (2019) No. 8296

      455.220

(formerly 456.860)

ATTY. GEN. OPINIONS: Validity of requiring that a city collect for the state a surcharge on building fees, (1975) Vol 37, p 856

      455.510 to 455.530

(formerly 456.730 to 456.742)

ATTY. GEN. OPINIONS: Appropriation or expenditure authorization from which Energy Conservation Board expenses may be paid, (1979) Vol 40, p 79

      455.645

(formerly 460.230, then 456.975)

NOTES OF DECISIONS

      Noncompliance with requirement that certain drawings and plans be made and certified does not constitute negligence per se. Northwestern Mutual Insurance Company v. Peterson, 280 Or 773, 572 P2d 1023 (1977)

      455.720 to 455.740

(formerly 456.810 to 456.835)

ATTY. GEN. OPINIONS: Effect of municipality’s failure to employ properly certified building officials and inspectors, (1978) Vol 38, p 1923

      455.730

(formerly 456.820)

ATTY. GEN. OPINIONS: Effect on licensing of supervising electricians, (1976) Vol 38, p 69

      455.770

NOTES OF DECISIONS

      Investigative authority of Building Codes Division does not extend to power to investigate city for enacting ordinance or to order repeal of ordinance enacted by city. City of Portland v. Building Codes Div., 313 Or App 93, 496 P3d 1108 (2021)

      455.895

NOTES OF DECISIONS

      Investigative authority of Building Codes Division does not extend to power to investigate city for enacting ordinance or to order repeal of ordinance enacted by city. City of Portland v. Building Codes Div., 313 Or App 93, 496 P3d 1108 (2021)