Or. Admin. Code § 820-040-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 820-040-0005 - Definitions

(1) As used in ORS 672.060(7) and ORS 672.107(1)(c)(A)(ii), "Ground Area" is defined as any projected or suspended occupied areas above the ground level in combination with areas in contact with the ground. Measurements in determining the ground area shall be taken from outside wall to outside wall and include the sum of the areas of all additions and the area of the original structure. The ground area of a building, or portion thereof, not provided with surrounding exterior walls is the usable area under the horizontal projection of the roof or floor above.

(2) As used in ORS 672.060(7) and ORS 672.107(1)(c)(A)(ii), "Height" is measured from the top surface of the lowest flooring to the highest interior overhead finish of the structure in determining whether a building exceeds the 20-foot height limitation. A basement floor is considered the lowest flooring when useable (i.e., storage, garage, etc.).

(3) As used in ORS 672.107(1)(c)(A)(iv), the height of a structure is defined as the vertical dimension from the average ground level to the average roof height for sloped roofs or parapet height for flat roofs. In multi-level structures, utilize the upper roof only to determine the dimension.

(4) As used in ORS 672.060(7) and (8), "Appurtenance" means a separate structure that:

(a) Is subordinate to a single family residential dwelling, farm building, or building less than 4,000 square feet in ground area or 20 feet in height;

(b) Is itself no greater than 4,000 square feet in floor area; and,

(c) Is located on the same lot as the structure to which it is subordinate.

(d) "Appurtenance" includes but is not limited to:

(A) A retaining wall less than four feet in height, with level backfill, and not supporting any structure;

(B) Signage less than 15 feet in height and 50 square feet;

(C) Fences less than 12 feet in height;

(D) A carport, cabana, playhouse, or garden structure, no more than 20 feet in height and with vertical and horizontal structural elements primarily formed by a system of conventional, repetitive, wood or cold-formed steel framing members, and a maximum roof span of 30 linear feet. For the purposes of this subsection, "Height" is measured from the top surface of the lowest flooring to the highest interior overhead finish of the structure in determining whether a building exceeds the 20-foot height limitation. A basement floor is considered the lowest flooring when useable (e.g., for storage, living space, appliances, etc.).

(e) "Appurtenance" does not include a single family residential dwelling, farm building, or building less than 4,000 square feet in ground area or 20 feet in height.

(5) "Professional service" or "professional services," as used in ORS 672.005, means providing labor in a commercial context or professional relationship, paid or unpaid, that does not produce a tangible commodity, but that requires a high level of training and proficiency.

(6) "Creative work," as used in ORS 672.005, applies to work provided in a commercial or professional context, paid or unpaid.

(7) "Engineer," when used alone and not as part of the phrases "professional engineer" or "registered professional engineer," in ORS 672.002, and in conjunction with ORS 672.007(1)(b) and 672.020 or 672.045, refers to when the word "engineer" is used to claim or imply that an individual is registered to perform engineering work in Oregon.

(8) "Purports to be able to perform," as used in ORS 672.007, refers to purporting within the context of an offer, bid, advertisement, client relationship, or claim to a building official.

Or. Admin. Code § 820-040-0005

BEELS 4-2005, f. & cert. ef. 9-23-05; BEELS 1-2009, f. & cert. ef. 5-15-09; BEELS 8-2015, f. & cert. ef. 11/13/2015; BEELS 3-2016, f. & cert. ef. 2/16/2016; BEELS 3-2017(Temp), f. 6-12-17, cert. ef. 6-13-17 thru 12-8-17; BEELS 6-2017, temporary amend filed 12/11/2017, effective 12/11/2017 through 06/08/2018; BEELS 2-2018, amend filed 04/25/2018, effective 04/25/2018; BEELS 5-2022, minor correction filed 12/08/2022, effective 12/8/2022; BEELS 4-2023, minor correction filed 12/11/2023, effective 12/11/2023

Statutory/Other Authority: ORS 670.310, 672.060, 672.107 & 672.255

Statutes/Other Implemented: ORS 672.002 - 672.325