Enforceability Status
Oregon has a mandatory statewide building code, the Oregon Structural Specialty Code and Oregon Residential Specialty Code, administered by the Oregon Building Codes Division under ORS 455.010 et seq. The code requires a certificate of occupancy before a building may be occupied. A contract clause making the CO irrelevant likely conflicts with this statewide statutory requirement.
Legal Analysis
Oregon administers a comprehensive statewide building code framework through the Building Codes Division of the Department of Consumer and Business Services, under the authority of ORS 455.010 et seq. The Oregon Structural Specialty Code and Oregon Residential Specialty Code are based on the International Building Code and International Residential Code with Oregon-specific amendments. These codes are mandatory for all jurisdictions in the state.
Under Oregon's statewide code, a certificate of occupancy must be issued before a building may be occupied. Local building departments or the state building codes division (in areas without local programs) conduct inspections and issue COs. ORS 455.150 requires building permits and inspections, and the CO is the final step confirming code compliance.
A contract clause making the CO irrelevant to the buyer's closing obligations likely conflicts with Oregon's statewide building code. Oregon has strong consumer protection traditions, and its courts may find such a clause unenforceable as contrary to public policy. Oregon's building code includes important requirements for seismic design, energy efficiency, and structural integrity that the CO process verifies.
Buyers in Oregon should understand that the CO is a statewide requirement. The Oregon building code addresses Pacific Northwest-specific concerns including seismic design, moisture management, and energy efficiency. The CO confirms that all of these requirements have been verified through the inspection process.
Relevant Oregon Law
Establishes the Oregon Building Codes Division and the framework for statewide building codes, including requirements for permits, inspections, and certificates of occupancy.
Requires building permits and inspections for construction, with the certificate of occupancy serving as the final confirmation of code compliance.
Builders in Oregon Using This Clause
What Oregon Buyers Should Know
- Confirm CO issuance before closing Oregon's statewide building code requires a CO before occupancy. Verify with the local building department or state building codes division that the CO has been issued.
- Understand the statewide mandate Oregon's CO requirement is established by state law under ORS Chapter 455. It applies to all jurisdictions and cannot be waived by a private contract.
- Verify seismic and energy code compliance Oregon's building code includes important seismic design and energy efficiency requirements. The CO confirms compliance with these standards.
- Seek legal advice on contract clauses If your contract contains a clause making the CO irrelevant, consult an Oregon real estate attorney to understand your rights under state law.