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SCOPE AND ADMINISTRATION
<br /> rules legally adopted thereunder have been incorrectly inter- moving, removal, demolition or occupancy of a building or
<br /> tale pitted, the provisions of this code do not fully apply, or an structure in violation of the provisions of this code,or in viola-
<br /> equally good or better form of construction is proposed. The Lion of a detail statement or a plan approved thereunder,or in
<br /> board shall have no authority to waive requirements of this code. violation of aperntit or certificate issued under the provisions
<br /> of this code. Such order shall direct the discontinuance of the
<br /> ORS 455.690 is not part of this code but is reproduced here for the illegal action or condition and the abatement of the violation.
<br /> reader's convenience:
<br /> 455.690 Appeal to advisory boards.Any person aggrieved by the R113.3 Prosecution of violation.If the notice of violation is
<br /> final decision of a municipal appeals board or a subordinate officer not complied with in the time prescribed by such notice, the
<br /> of the Department of Consumer and Business Services as to the building official is authorized to request the legal counsel of the
<br /> application of any provision of especially code may,within 30 days jurisdiction to institute the appropriate proceeding at law or in
<br /> after the date of the decision,appeal to the appropriate advisory equity to restrain,correct or abate such violation,or to require
<br /> board. The appellant shall submit a fee of$20, payable to the the removal or termination of the unlawful occupancy of the
<br /> department,with the request for appeal.The final decision of the building or structure in violation of the provisions of this code
<br /> involved municipality or state officer shall be subject to review and or of the order or direction made pursuant thereto.
<br /> final determination by the appropriate advisory board as to techni-
<br /> cal and scientific determinations related to the application of the R113.4 Violation penalties.Any person who violates a provi-
<br /> specialty code involved, sion of this code or fails to comply with any of the requirements
<br /> thereof or who erects,constructs,alters or repairs a building or
<br /> R112.2.1 Determination of substantial improvement in structure in violation of the approved construction documents
<br /> � � areas prone to flooding.Notadoptedby theStateofOregon. or directive of the building official,or ofapermit or certificate
<br /> issued under the provisions of this code,shall be subjectto pen-
<br /> R112.2.2 Criteria for issuance of a variance for areas allies as prescribed by law.
<br /> I I prone to flooding.Not adopted by the State of Oregon.
<br /> RI12.3 Qualifications. An appeals board shall consist of SECTION R714
<br /> members who are qualified by experience and training to pass STOP WORK ORDER
<br /> on matters pertaining to building construction.
<br /> f I R112.4 Administration.Not adopted by the State of Oregon. R114.1 Authority Whenever the building official finds any
<br /> work regulated by this code being performed in a manner either
<br /> contrary to the provisions of this code or dangerous or unsafe,
<br /> SECTION R113 the building official is authorized to issue a stop work order.
<br /> VIOLATIONS R114.2 Issuance. The stop work order shall be in writing and
<br /> R113.1 Prohibited acts are as described in ORS 455.450. shall be given to the owner of the properly involved,or to the
<br /> owner's agent,or to the person doing the work. Upon issuance
<br /> ORS 455.450 is not pan of this code but is reproduced here for the of a stop work order,the cited work shall immediately cease.
<br /> reader's convenience: The stop work order shall state the reason for the order,and the
<br /> 455.450 Prohibited acts.A person shall not: conditions under which the cited work will be permitted to
<br /> (l)Violate,or procure or assist in the violation of,any final order of resume.
<br /> the Director of the Department of Consumer and Business Ser- R114.3 Unlawful continuance. Any person who shall con-
<br /> vices,an advisory board,a state administrative officer or any local tinue any work after having been served with a stop work order,
<br /> appeals board,building official or inspector,concerning the appli- except such work as that person is directed to perform to
<br /> cation of the state building code in a particular case or concerting a
<br /> License,ter cafe,registration or other authorization. remove a violation or unsafe condition,shall be subject to pen-
<br /> alties as prescribed by law.
<br /> (2)Engage in,or procure or assist any other person to engage in,
<br /> any conduct or activity for which a permit,label,license,certifi-
<br /> cate,registration or other formal authorization is required by any SECTION R715
<br /> specialty code,any provision of ORS 446.003 to 446,200,446.225 PREFABRICATED CONSTRUCTION
<br /> to 446.285,446.395 to 446.420,446.566 to 446.646,446.666 to
<br /> 446.746,479.510 to 479.945,479.950 and 480.510 to 480.670,this R115.1 General. See ORS 455.010 and OAR chapter 918,
<br /> chapter or ORS chapter 447,460 or 693,or any rule adopted or division 674.
<br /> order issued for the administration and enforcement of those provi-
<br /> sions,without first having obtained such permit,label,license,cer- ORS 455.010(6)is not part of this code but is reproduced here for
<br /> tificate,registration or other formal authorization. the reader's convenience:
<br /> (3)Violate,or procure or assist in the violation of,any standard,sped- 455.010(6)"Prefabricated strucmre' means a building or subassem-
<br /> fication,requirement prohibition or other technical provision set forth bly that has been in whole or substantial part manufactured or assem-
<br /> in the state buildingcodeoran applicablelocal buildingcodeorin any bled using closed construction at an off-site location to be wholly or
<br /> rule or order of the Department of Consumer and Business Services, partially assembled on-site. "Prefabricated-structure" does not
<br /> an advisory hoard,a local governing body or local building official. include a manufactured dwelling, recreational structure or recre-
<br /> ational vehicle,as those terms are defined in ORS 446.003.
<br /> R113.2 Notice of violation.The building official is authorized
<br /> to serve a notice of violation or order on the person responsible Note: OAR Chapter 918, Division 674 is available online at
<br /> for the erection, construction, alteration, extension, repair, www.bcd.oregon.gov.
<br /> 2011 OREGON RESIDENTIAL SPECIALTY CODE 1-11
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