Small House Specialty Code: Oregon HB243

Small House Specialty Code: Oregon HB243

Adopts Small Home Specialty Code to regulate construction of homes

Not more than 400 square feet in size Effective October 1st, 2019

Written By Janet Thome
Photo: Oregon Cottage Company

”Small House Specialty Code” – Means the specialty code adopted under section 2 of this 2019 act. It means a code of regulations adopted under ORS 446.062, 446.185, 447.020 (2), 455.020 (2),455.496, 455.610, 455.680, 460.085, 460.360, 479.730 (1) or 480.545 or section 2 of this 2019 Act.

Section 2 Of HB243 : Including But Not Limited To  Appendix Q

1) As used in this section, “small home” means a single family residence that is not more than 400 square feet in size.(2) Not withstanding ORS 455.020 and 455.030, the 2018 International Residential Code, including  but not limited to Appendix Q of that code, is adopted as a Small Home Specialty Code applicable to the construction of a small home.

Summary

  • Requires amendment of Low-Rise Residential Dwelling Code to provide that Small Home Specialty Code supersedes conflicting provisions of Low-Rise Residential Dwelling Code.
  • Authorizes municipal building official to alter, modify or waive specialty code requirements for small home if strict adherence to Small Home Specialty Code is impractical or infeasible.
  • Requires that building permits and zoning permits for small home designate small home as single family project.
  • Requires that certificate of occupancy for small home allow occupancy only for residential use as single family dwelling.
  • Specifies application of fire sprinkler head and fire sprinkler system design criteria to small homes.
  • Authorizes municipal building official to allow increased detection and occupant notification in lieu of fire sprinkler head or fire sprinkler system.
  • Requires that small home be built with listed heat detector unit alarm or listed photoelectric smoke alarm.
  • Sunsets Small Home Specialty Code and small home fire sprinkler design , heat detector and smoke alarm provisions on January 2, 2026.

Text Bill HB243

Enrolled

Related:  Oregon Reach Code Effective Sept. 20th, 2018

SECTION 102 APPLICABILITY102.1 General. This code is an overlay to the other Oregon Specialty Codes. This code is not intended to be used as a stand-alone construction regulation document or to abridge or supersede safety, health or environmental requirements

Under Oregon Revised Statute (ORS) 455.500, the division, after consultation with the appropriate advisory board, shall establish a Reach Code. The Oregon Reach Code is an optional set of standards providing a choice for builders, consumers, contractors, and others.

Customers can choose to build to the codes adopted as the State Building Code or to build to this optional Reach Code.When adopting this code, the division considers economic and technical feasibility, and any published codes that are newly developed for construction.

The Oregon Reach Code is not limited to energy provisions and may include other subject matters. This code is an optional tool for local builders and local government and is not applicable in areas of state administration.The 2018 Oregon Reach Code consists of two parts. Part I includes optional energy standards for commercial and residential buildings. Part II includes optional provisions for tiny houses, 400 square feet or less in floor area, not including loft areas.

Part I—Commercial Energy provisions

Adopted code:2018 International Energy Conservation Code(IECC) with Oregon Reach Commodification:For structures covered under the Oregon Structural Specialty Code(OSSC), the 2018 IECC represents an improvement to the 2014 OSSC/2014 OEESC. The 2018 IECC is a contemporary code that advances energy efficiency through a timely evaluation and recognition of the latest advancements in construction techniques, emerging technologies and science related to the built environment. The 2018 IECC is recognized by the U.S. Department of Energy as the most current national energy efficiency construction code

Part 1- Residential Energy Provisions Adopted code:2017 Oregon Residential Specialty Code (ORSC), including Chapter 11,with Oregon Reach Commodification:For residential structures covered under the ORSC, the 2017 ORSC exceeds national standards that are  technically and economically feasible for residential structures.

Part  11- Tiny Houses
Adopted code:2018 International Residential Code (IRC), including Appendix Q for Tiny Houses, with Oregon Reach Commodification:The 2018 IRC, including Appendix Q, provides minimum standards for the construction of tiny houses, 400 square feet or less in floor area, not including loft areas.In addition to an energy provision modification,(requiring all LED lighting), this code establishes new occupancy classification for the tiny house on wheels product. Many wheeled-type structures are constructed using recreational vehicle-type products that are not typically allowed for permanent dwelling use. The exemption of product certification requirements under the electrical and plumbing statutes allows the Oregon Reach Code to provide a solution for contractors wanting to incorporate these products.This code provides another tool for tiny house builders. Provides flexibility for local government to address housing needs.Includes standards for both tiny houses on wheels and permanent tiny houses.

2018 Oregon Reach Code

Tiny Homes Intended For Permanent Living

1) Tiny houses classified as a Group R-3 occupancy, one-family dwelling unit as defined in the Oregon Residential Specialty Code intended for permanent living.

2) Tiny house on  wheels classified as a Group R-5 occupancy intended for temporary or emergency use or  as allowed by the building official.Group R-5 structures are structures on wheels approved by the building official under this code.

A Group R-5 structure must be built on a chassis with cord and hose utility connections in accordance with R107.3 and R107.3.2. A Group R-5 structure is limited to temporary living quarters for seasonal or emergency use or as allowed by the building official.

The duration of stay may be determined by local ordinance or local administrative rule.Exception: Group R-5 structures located in approved recreational vehicle, manufactured housing, or transitional housing parks may not be subject to limitation on use and period of stay, unless addressed through land use and planning by the local municipality. See Oregon Revised Statute (ORS) 197.493.

 Oregon Revised Statute (ORS) 197.493: Placement And Occupancy Of Recreational Vehicle

1) A state agency or local government may not prohibit the placement or occupancy of a recreational vehicle, or impose any limit on the length of occupancy of a recreational vehicle, solely on the grounds that the occupancy is in a recreational vehicle, if the recreational vehicle is:

(a) Located in a manufactured dwelling park, mobile home park or recreational vehicle park;

(b) Occupied as a residential dwelling; and

(c) Lawfully connected to water and electrical supply systems and a sewage disposal system.

(2) Subsection (1) of this section does not limit the authority of a state agency or local government to impose other special conditions on the placement or occupancy of a recreational vehicle. [2005 c.619 §12]

Note: See note under 197.492 (Definitions for ORS 197.492 and 197.493).

Article Source Oregon Laws.Org

R119.2 Occupancy classification conversion from Group R-5 to Group-3

R119.2 Occupancy classification conversion: Group R-5 -wheeled residential structures constructed in accordance with this code may be converted to a Group R-3 permanent one-family dwelling provided that upon application to the local municipality for a change of occupancy, the applicant provides adequate information demonstrating how the structure will meet the minimum requirements for connection of electrical and plumbing systems and be permanently anchored to the ground to meet minimum requirements for resisting seismic and wind forces such as, construction details, design drawings, calculations and other information necessary, including how the chassis and floor system is anchored to the proposed foundation system, and any products or equipment that may not meet the minimum requirements of the 2018 International Residential Code including Appendix Q.

Oregon Reach Code

Video Public Information  Meeting

Related: Oregon Legislation For The RV Industry

Last week, Oregon Governor Kate Brown signed into law a bill that eliminates the Department of Consumer and Business Services from regulating RVs.

Oregon Duplicative Compliance Seal Eliminated

With the enactment of this new law, the need to attach an additional and duplicative Oregon insignia of compliance or seal to RVs is eliminated and Oregon joins the vast majority of states which do not regulate the manufacturing of RVs.

Removes Requirement For PMRV Manufacturers To Use Licensed Plumbers And Electricians

Additionally, the new law removes the requirement for PMRV manufacturers in the state of Oregon to use licensed plumbers and licensed electricians to make installations and repairs. The bill, OR SB 410, takes effect January 1, 2020.

Article Source Tiny Home Industry Association

Oregon Tiny Home Regulation Nov 27th. 2018

“Tiny home” is an umbrella term for structures designed to provide low-cost or minimally sized housing options for consumers. Tiny homes are subject to building codes and licensing standards that govern their constructionism installation, zoning codes that dictate where they can be sited, and registration or requirement tiny homes when moving on public roads.

Article Source Oregon Legislature.Gov

Related: Jurisdictional Gap Between Two Oregon State Agencies

The Oregon DMV, meanwhile, said state law until recently prohibited it from providing titles to park model RVs because they’re not street-legal and aren’t considered a vehicle. The Legislature passed House Bill 2333 to expand the DMV’s responsibilities to include park model RVs, but that law doesn’t take effect until Jan. 1st, 2019.

Article Source The Oregonian

Related: Governor Signs Four Housing Bills

Oregon Governor Kate Brown signed four housing bills into law Thursday designed to address the state’s housing crisis.

Senate Bill 5512, House Bill 2003, HB 2006 and the controversial HB 2001, now signed into law, each address Oregon’s housing crisis.

“This session, we committed to significant investments that will help every Oregon family have a warm, safe, and dry place to call home,” Brown said in a news release. “No one single solution will address our housing crisis, and this legislation tackles the whole spectrum of issues, from homelessness, to stable rental housing, to increasing home ownership.”

Article Source Register Guard

Back Story On Oregon Titling Issues And Building Codes

Related HB 2737

 

 

 

 

 

 

 

 

Oregon Legislation For The RV Industry

Last week, Oregon Governor Kate Brown signed into law a bill that eliminates the Department of Consumer and Business Services from regulating RVs.

Oregon Duplicative Compliance Seal Eliminated

With the enactment of this new law, the need to attach an additional and duplicative Oregon insignia of compliance or seal to RVs is eliminated and Oregon joins the vast majority of states which do not regulate the manufacturing of RVs.

Removes Requirement For PMRV Manufacturers To Use Licensed Plumbers And Electricians

Additionally, the new law removes the requirement for PMRV manufacturers in the state of Oregon to use licensed plumbers and licensed electricians to make installations and repairs. The bill, OR SB 410, takes effect January 1, 2020.

The changes the new law implements are common sense and help promote not only the national RV industry, but also the Oregon RV industry which contributed $4.3 billion in economic impact and supported almost 23,000 jobs in the state of Oregon.

Bill HB2333 Defines RVs And PMRVs As Vehicles

In addition to SB 410, another bill, OR HB 2333, was passed unopposed by the Oregon state legislature. This bill defines RVs and PMRVs as vehicles under the regulation of the Oregon Department of Transportation. HB 2333 is awaiting signature from Governor Brown and we expect this to happen in the coming days or weeks.

Article Source The RV Business

OR SB 410

Eliminates Department of Consumer and Business Services regulation of recreational vehicle construction.

Eliminates general definition of recreational vehicle for purposes of manufactured structure construction statutes. Creates substitute definition of recreational vehicle for use in certain statutes outside manufactured structure construction statutes. Eliminates department regulation of recreational structure construction. Eliminates department regulation of construction and installation of yurts on campgrounds for use as transitional housing. Revises requirements for prefabricated structures that cease to qualify for exclusion from state building code regulations. Preserves, for land use law purposes, existing definitions of shared terms affected by state building code exclusions. Expands types of structures intended for out-of-state delivery exempted from plan review, inspection, electrical, plumbing or other state building code requirements.

Text

HB2333

Relating to recreational vehicles.

Allows option to obtain title, but not registration, from Department of Transportation for recreational vehicle qualifying as park model recreational vehicle and meeting other criteria.

Provides that recreational vehicle having title issued by Department of Transportation does not qualify as structure.
Requires owner to surrender Department of Transportation title for recreational vehicle if converting recreational vehicle to use as structure.
Makes recreational vehicle converted to use as structure subject to state building code.
Requires seller of new recreational vehicle to provide purchaser with written information listing specified living area systems. Requires that information state for each listed system whether items or components comprising system are covered by warranty and, if so, extent and length of warranty. Removes recreational vehicle construction from regulation by Department of Consumer and Business Services. Changes definition of “recreational vehicle.”

Back Story Oregon Titling Park Models

SALEM – The Oregon Building Codes Division (BCD), in cooperation with Oregon Driver & Motor Vehicle Services (DMV), filed an administrative rule June 1, 2018, to help provide a mechanism for recreational park trailer (tiny houses on wheels) manufacturers to obtain an ownership document from DMV.

The new rule defines a “recreational park trailer” as:

• A single living unit that is primarily designed and completed on a single chassis, mounted on wheels, to provide temporary living quarters for recreational, camping, or other seasonal use;

Is certified by the manufacturer as complying with a nationally recognized standard for the construction of recreational vehicles; and

• Has a gross trailer area not exceeding 400 square feet in the setup mode.

“We believe this rule will help provide clarity for manufacturers and allow an unfettered path to titling these types of recreational vehicles in Oregon,” said Mark Long, Building Codes Division administrator.

BCD filed the rule change after learning its attempt to deregulate this important emerging industry inadvertently affected the eligibility for tiny houses on wheels to apply for a vehicle title.

Under the new rule, DMV will be able to issue a title for recreational park trailers and file the ownership information in its records. Recreational park trailers may be moved in the following ways:

Shipping by a commercial moving company

• Vehicle trip permit from DMV –http://www.oregon.gov/ODOT/DMV/pages/vehicle/trippermit.aspx

• Over-dimension permit from the Motor Carrier Transportation Division if the load is more than 8.5 feet wide – http://www.oregon.gov/ODOT/MCT/Pages/Over-Dimensio…

DMV is currently informing staff at its 60 field offices and headquarters processing center to start accepting title applications for recreational park trailers.

Any time you need to visit a DMV office, first check www.OregonDMV.com to find office hours and locations, and to make sure you have everything you need before your visit. You also can do some DMV business from home at OregonDMV.com.

The Building Codes Division is part of the Department of Consumer and Business Services, Oregon’s largest business regulatory and consumer protection agency.

Visit www.bcd.oregon.gov.

Contact Info:
Brett Salmon, stakeholder outreach/public affairs
Building Codes Division
503-378-8034
brett.d.salmon@oregon.gov

David House, DMV/Motor Carrier Public Affairs
503-945-5270
david.j.house@odot.state.or.us

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