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AUGUST 101 1992 <br /> <br />DON WOODLEY BUILDING OFFICIAL <br />MARION COUNTY <br />220 HIGH STREET NE <br />SALEM OR 97301-3670 <br /> <br />BUILDING <br /> <br />CODES AGENCY <br /> <br /> 04OO <br />Ref.: 7-2-92 LTR <br /> <br />RE: QUESTIONS CONCERNING REGULATION OF MANUFACTURED DWELLING PARKS <br /> <br />In your letter to the Building Codes Agency you raised several questions concerning <br />regulation of manufactured dwelling parks. In order to best respond to these questions, I wilt <br />answer them in the order they were asked, <br /> <br />QUESTION 1: DO LOCAL JURISDICTIONS HAVE THE AUTHORITY TO ADOPT AND <br />ENFORCE GREATER SET BACK REQUIREMENTS THAN FOUND IN ADMINISTRATIVE <br />RULE? <br /> <br />ANSWER: NO. The set back requirements inside manufactured <br />dwelling parks are based on the requirements contained in Oregon Revised <br />Statute (ORS)446,100(2) and the requirements of OAR 918-600-050, <br />ORS 446,430(1) states in part "The Building Codes Agency shah delegate <br />to any county board of commissioners or city governing body which <br />requests any of the authority, responsibilities and functions of the agency <br />under ORS 446,062 if the AClencv determines th~ county or city is willinq <br />and able to carrv out the rules of the a~encv..." ORS 446,062 establishes <br />a state wide regulation of manufactured dwelling parks, Therefore, the local <br />jurisdiction, through its delegation of authority for the program, is required <br />to enforce the requirements of the statute and administrative rules adopted <br />by the Agency without amendment. <br /> <br />QUESTION 2: CAN THE STATE FIRE MARSHALADOPTAND ENFORCE REGULATIONS <br />FOR STREET ACCESS AND LOCATION OF HYDRANTS? THiS ISSUE IS NOT <br />ADDRESSED IN THE ADMINISTRATIVE RULES. <br /> <br />ANSWER: NO. The requirements for street access and the placemeet <br />of fire hydrants are already established in Oregon Administrative Rules <br />(OAR) under 918-600-050(2)G and 918-600-050(2)(h)(3), ORS 446.100(2) <br />authorizes the Agency to adopt rules based on the recommendations from <br />the State Fire Marshal and the standards established by NFPA, but does not <br />authorize the State Fire Marshal to adopt, enforce, Or amend the regulations <br />adopted by the Building Codes Agency (see attached), <br /> <br />1535 Edgewater NW <br />Salem, OR 97310 <br />(503) 378-4133 <br />FAX (503) 378-2322 <br />1-800-242-1371 <br /> <br /> <br />