CHAPTER 1 SCOPE AND ADMINISTRATION - eCodes

1 CHAPTER 1 SCOPE AND ADMINISTRATIONPART 1 SCOPE AND APPLICATIONSECTION regulations shall be known as theOregonStructural Specialty code , and may be cited as such and will bereferred to herein as this code . SCOPE of this code is as provided inORS (1).This code shall not apply to the construction, alteration,moving, demolition, repair, maintenance and work located pri-marily in a public way, public utility towers and poles, mechan-ical equipment not specifically regulated in this code , andhydraulic flood control , as defined in ORS (5), may establishadministrative procedures in accordance with (4), and may amend specific sections of CHAPTER 1, asidentified throughout the are permitted to enact local ordinances orother laws to address the demolition of structures or otherrelated topics not addressed by this.

2 Detached one- and two-familydwellingsand multiple single-familydwellings(townhouses) notmore than threestoriesabovegrade planein height witha separatemeans of egressand their accessory structuresshall comply with theResidential in the appendices shall notapply unless specifically adopted as noted Appendix chapters adopted:1. Appendix C (Agricultural Buildings);2. Appendix I (Patio Covers);3. Appendix SR (Special Residential Occupancies). Appendix chapters available for may adopt the listed appendixchapters by local ordinance. Such adoptions shall com-ply with the requirements specified in the adoptedappendix unless otherwise approved under the provi-sions of ORS Appendix CHAPTER L (Wildfire Hazard Mitigation)is adopted and can be implemented locally uponthe adoption of the maps and/or zoning required bythe specific appendix Appendix J (Grading) N (Low-rise code Apartment Provi-sions) has been adopted by the Oregon Residential Struc-tures Board and is provided in this code to ensurecompatibility with the SCOPE of nationally recognizedmodel building codes adopted by the State of purpose of this code is as provided in (1)

3 , as noted in Section , and to establish the min-imum requirements to safeguard the public health, safety andgeneral welfare through structural strength,means of egressfacilities, stability, sanitation, adequate light and ventilation,energy conservation, and safety to life and property from fireand other hazards attributed to the built environment and toprovide safety to fire fighters and emergency responders dur-ing emergency purpose of this code is not to create or otherwise estab-lish or designate any particular class or group of persons whowill or should be especially protected or benefited by the termsof this Statutory code is adopted pursuant toOregon Revised Statutes (ORS). Where in any specific casethis code and the statutes specify different requirements, thestatute shall govern. Statutes related to this code are through and ORS through there is a conflict between a generalrequirement and a specific requirement, the specific requirementshall be applicable.

4 Where, in any specific case, different sec-tions of this code specify different materials, methods of con-struction or other requirements, the most restrictive shall Other provisions of this code shall not bedeemed to nullify any provisions of local, state or federal Application of to CHAPTER or sec-tion numbers, or to provisions not specifically identified bynumber, shall be construed to refer to such CHAPTER , section orprovision of this OREGON STRUCTURAL SPECIALTY CODE1>ORS not a part of this code but is reproduced here for thereader s Purpose; SCOPE of application; exceptions; SCOPE ofrules; fees by rule.(1) This CHAPTER is enacted to enable the Director of the Departmentof Consumer and Business Services to promulgate a state buildingcode to govern the construction, reconstruction, alteration andrepair of buildings and other structures and the installation ofmechanical devices and equipment therein, and to require the cor-rection of unsafe conditions caused by earthquakes in existingbuildings.

5 The state building code shall establish uniform perfor-mance standards providing reasonable safeguards for health,safety, welfare, comfort and security of the residents of this statewho are occupants and users of buildings, and will provide for theuse of modern methods, devices, materials, techniques and practi-cable maximum energy referenced may be obtained from the Building Codes Divi-sion, 1535 Edgewater NW, Salem, OR 97310 at a nominal cost orread online at >1M:\data\CODES\STATE CODES\Oregon\2010\Structural Specialty_Building\Final VP\ , February 05, 2010 12:43:55 PMColor profile: Generic CMYK printer profileComposite Default Referenced codes and codes and stan-dards referenced in this code shall be considered part of therequirements of this code to the prescribed extent of each suchreference.

6 Where differences occur between provisions of thiscode and referenced codes and standards, the provisions of thiscode shall Partial the event that any part or provision ofthis code is held to be illegal or void, this shall not have the effectof making void or illegal any of the other parts or Existing legal occupancy of any struc-ture existing on the date of adoption of this code shall be per-mitted to continue without change, except as is specificallycovered in this code or theFire code , or as is deemed necessaryby thebuilding officialfor the general safety and welfare of theoccupants and the 2 ADMINISTRATION AND ENFORCEMENTSECTION 103 DEPARTMENT OF BUILDING SAFETYNote: Unless amended by a municipality under authority of , Sections through Creation of enforcement Department ofBuilding Safety is hereby created and the official in chargethereof shall be known as thebuilding officialshall be appointedby the chief appointing authority of the accordance with the prescribed proceduresof this jurisdiction and with the concurrence of the appointingauthority, thebuilding officialshall have the authority to appointa deputy building official, the related technical officers, inspec-tors, plan examiners and other employees.

7 Such employees shallhave powers as delegated by thebuilding 104 DUTIES AND POWERS OF BUILDING OFFICIALNote: Unless amended by a municipality under authority of , Sections , , officialis hereby authorized anddirected to enforce the provisions of this code . Thebuilding offi-cialshall have the authority to render interpretations of this codeand to adopt policies and procedures in order to clarify the appli-cation of its provisions. Such interpretations, policies and proce-dures shall be in compliance with the intent and purpose of thiscode. Such policies and procedures shall not have the effect ofwaiving requirements specifically provided for in this Applications and officialshallreceive applications, reviewconstruction documentsand issuepermitsfor the erection, andalteration, demolition and movingof buildings and structures, inspect the premises for which suchpermitshave been issued and enforce compliance with the pro-visions of this Notices and officialshall issue allnecessary notices or orders to ensure compliance with this officialshall make all of therequired inspections, or thebuilding officialshall have theauthority to accept reports of inspection byapproved agenciesor individuals.

8 Reports of such inspections shall be in writingand be certified by a responsible officer of suchapprovedagencyor by the responsible individual. Thebuilding officialisauthorized to engage such expert opinion as deemed necessaryto report upon unusual technical issues that arise, subject to theapproval of the appointing Right of it is necessary to make an inspec-tion to enforce the provisions of this code , or where thebuild-ing officialhas reasonable cause to believe that there exists in astructure or upon a premises a condition which is contrary to orin violation of this code which makes the structure or premisesunsafe, dangerous or hazardous, thebuilding officialis autho-rized to enter the structure or premises at reasonable times toinspect or to perform the duties imposed by this code , providedthat if such structure or premises be occupied that credentialsbe presented to the occupant and entry requested.

9 If such struc-ture or premises is unoccupied, thebuilding officialshall firstmake a reasonable effort to locate the owner or other personhaving charge or control of the structure or premises andrequest entry. If entry is refused, thebuilding officialshall haverecourse to the remedies provided by law to secure Department building official shall keepofficial records as dictated by OAR 166-150-0020 where acounty has jurisdiction, OAR 166-200-0025 where a city hasjurisdiction and OAR CHAPTER 166 Division 300 et al for the cit-ies and counties where the State of Oregon has records shall be retained in the official records for theperiod indicated in the respective OAR sections noted building official shall maintain a permanent record of allpermits issued in flood hazard areas, including copies ofinspection reports and certifications required in Section ORS for regulations relating to OREGON STRUCTURAL SPECIALTY CODESCOPE AND ADMINISTRATIONORS not a part of this code but is reproduced here for thereader s SCOPE of liability of publicbody, officers, employees andagents; liability in nuclear incident.

10 (1) Subject to the limitations of ORS to , every publicbody is subject to action or suit for its torts and those of its officers,employees and agents acting within the SCOPE of their employmentor duties, whether arising out of a governmental or proprietaryfunction or while operating a motor vehicle in a ridesharingarrangement authorized under ORS The sole cause ofaction for any tort of officers, employees or agents of a public bodyacting within the SCOPE of their employment or duties and eligiblefor representation and indemnification under ORS shall be an action against the public body only. The remedyprovided by ORS to is exclusive of any other actionor suit against any such officer, employee or agent of a public bodywhose act or omission within the SCOPE of the officer s, employee sor agent s employment or duties gives rise to the action or suit.