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]
Notes of Decisions
At&T Commc'ns of Pac. Nw., Inc. v. City of Eugene, 35 P.3d 1029 (Or. Ct. App. 2001).
“” See also ORS 455.040(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 *…”
Thunderbird Mobile Club, LLC v. City of Wilsonville, 228 P.3d 650 (Or. Ct. App. 2010).
“030(1) (“no local authority shall enact any ordinances, rules or regulations in conflict with the provisions hereof’ relating to the state lottery); ORS 455.040(1) (“no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed…”
City of Portland v. Bldg. Codes Div., 496 P.3d 1108 (Or. Ct. App. 2021).
· cites it 4× “Alternatively, the city argued that, if its ordinance were expressly and unambiguously preempted by ORS 455.040, the statute would be unconstitutional in light of the home-rule provisions in the Oregon Constitution.”
Ragaway v. City of Portland, 504 P.3d 79 (Or. Ct. App. 2021).
· cites it 5× “See ORS 455.040 (providing that “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…”
Farnworth v. Rossetto, 396 P.3d 272 (Or. Ct. App. 2017).
“020; ORS 455.040; ORS 455.055. At the relevant time, the applicable residential building code for the State of Oregon was the Oregon Residential Specialty Code, OAR 918-480-0005 (2004), which was based on the 2000 edition of the International Residential Code for One & Two…”
— Or. Rev. Stat. § 455.040(1) — 4 cases
At&T Commc'ns of Pac. Nw., Inc. v. City of Eugene, 35 P.3d 1029 (Or. Ct. App. 2001).
“” See also ORS 455.040(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 *…”
Thunderbird Mobile Club, LLC v. City of Wilsonville, 228 P.3d 650 (Or. Ct. App. 2010).
“030(1) (“no local authority shall enact any ordinances, rules or regulations in conflict with the provisions hereof’ relating to the state lottery); ORS 455.040(1) (“no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed…”
City of Portland v. Bldg. Codes Div., 496 P.3d 1108 (Or. Ct. App. 2021).
“Alternatively, the city argued that, if its ordinance were expressly and unambiguously preempted by ORS 455.040, the statute would be unconstitutional in light of the home-rule provisions in the Oregon Constitution.”
Ragaway v. City of Portland, 504 P.3d 79 (Or. Ct. App. 2021).
“See ORS 455.040 (providing that “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…”
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