Or. Admin. Code § 813-310-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 813-310-0020 - Definitions

All words and terms used in OAR chapter 813, division 310, are defined as follows:

(1) "Accessible" means, as defined in ORS 456.508(1), that housing complies with federal accessibility guidelines implementing the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601 et seq., as amended and in effect on January 1, 2004.

(2) "Accessible powder room" means a powder room that meets the requirements for accessibility set forth in the Oregon Structural Specialty Code as of July 1, 2004, and where applicable, the Americans with Disabilities Act or Uniform Federal Accessibility Standards as of July 1, 2004. Accessibility requirements include the provision of greater maneuverability in a powder room than is provided by visitability requirements.

(3) "Adaptable powder room" means a powder room in which the fixture design, clear floor space, and wall reinforcing meet the requirements set forth in Division III - Covered Multifamily Dwelings, Section 1110.6.4 Toilet and Bathing Fixtures of the Oregon Structure Specialty Code as of July 1, 2004.

(4) "Common living space" means, as defined in ORS 456.508(2), a living room, family room, dining room or kitchen.

(5) "Contiguous units" means, as defined in ORS 456.508(3), units that are on the same tax lot or on contiguous tax lots that have a common boundary. Tax lots that are separated by a public road are contiguous tax lots for purposes of these rules.

(6) "Curb ramp" means a short ramp cutting through curb or built up to it.

(7) "Group home" means a single-family residence intended to house eight or fewer unrelated people as determined by the Department on a case by case basis. For purposes of this division, a group home is defined as a single dwelling unit.

(8) "Maximum threshold height" for an entrance or doorway means the maximum vertical distance between the top of the threshold and the adjacient interior or exterior floor surface.

(9) "New" means, as defined in ORS 456.508(4), that the housing being constructed did not previously exist in residential or nonresidential form. "New" does not include the acquisition, alteration, renovation or remodeling of an existing structure.

(10) "Oregon Housing and Community Services," "Department" and "OHCS" mean the Oregon Housing and Community Services Department of the State of Oregon.

(11) "Powder room" means, as defined in ORS 456.508(5), a room containing at least a toilet and a sink.

(12) "Ramp" means a traveling surface that has a running slope of greater than one unit vertical in 20 units horizontal.

(13) "Ramp slope" means the ratio of vertical rise (y) of a ramp to its horizontal run (x).

(14) "Rental housing" means, as defined in ORS 456.508(6), a dwelling unit designed for non-owner occupancy under a tenancy typically lasting six months or longer. For purposes of this division, rental housing also means month to month and fixed-term tenancies and transitional housing, but not emergency housing.

(15) "Shared community room" means an indoor space for common use by tenants or visitors that can be used for tenant meetings, education or recreation. A shared living room in a group home is not considered to be a shared community room.

(16) "Significant amount of financial aid" as contributed by another government agency to a subsidized development means either:

(a) 25 percent or more of the anticipated total development cost at the time of initial funding, or

(b) Project based rental assistance for a minimum of 50 percent of the units for an anticipated period of multiple years.

(17) "Subsidized development" means:

(a) As defined in ORS 456.508(7), rental housing that receives one or more of the following development subsidies from the Oregon Housing and Community Services Department.

(A) The federal low-income housing tax credit under 26 U.S.C. 42(a), if no part of the eligible basis prior to the application of 26 U.S.C. 42(i)(2)(B) was financed with an obligation described in 26 U.S.C. 42(h)(4)) A), all as amended and in effect on January 1, 2004;

(B) A farmworker housing tax credit, as described in ORS 315.164;

(C) A loan that qualifies the lending institution for a subsidized housing loan tax credit, as described in ORS 317.097;

(D) Funding under the federal HOME Investments Partnership Act, 42 U.S.C. 12721 to 12839, as amended and in effect on January 1, 2004;

(E) Moneys from the Oregon Housing Trust Fund created under ORS 458.620; or

(F) Moneys from other grant or tax incentive programs administered by the Oregon Housing and Community Services Department under ORS 456.559.

(b) Does not include housing that is not receiving funding from a development subsidy described in OAR 813-310-0020(17)(a) and has been subsidized with OHCS bond financing, for purposes of these rules.

(18) "UBC Requirements" means requirements found in Chapter 11 of the State of Oregon Structural Specialty Code, as of July 1, 2004. (Based on the Uniform Building Code).

(19) "Undue costs" means construction costs that, as determined by the Department, are unreasonably in excess of the costs normally associated with meeting the Department's architectural requirements, but otherwise would be necessary to meet the requirements of these rules. Undue costs include without limitation those costs that exceed $1,000 above the costs necessary to meet Department architectural standards without the requirement of this division when calculated on a unit by unit basis. (For example, the Department has the expectation that town homes have both a front and rear exterior entrance. The cost of providing a clear visitable path to a visitable entrance would not include the door itself. The cost could include ramping and the incremental cost of a larger door.) Undue costs for a community powder room includes costs that exceed $2,000 for visitability alterations. The Department may grant an exemption or partial exemption from any part of the visitability requirements for undue cost reasons even when excess costs are below $1,000 per unit or $2,000 for a community powder room, if the Department determines the situation is justified based on factors including, but not limited to:

(a) The cost of a specific alteration relative to the visitability achieved thereby.

(b) The existence of alternative visitability comparable to that to be achieved by the alteration.

(20) "Undue constraints" means financial or other factors that in the determination of the Department may inappropriately limit the development or its operation. An oddly shaped property, for example, may justify consideration for exemption from the visitability requirements regarding external ramps. Another example may be the security or staffing associated with having 24-hour availability for the community powder room. Factors the Department may consider in making such a determination include, but are not limited to:

(a) Whether applying these rules may result in a loss of units.

(b) Whether applying these rules may result in a need to raise rents by a significant amount (loss of affordability);

(c) Whether applying these rules may result in a significant increase in maintenance or ongoing expense.

(21) "Visitable" means, as defined by ORS 456.508(8), capable of being approached, entered and used by individuals with mobility impairments, including but not limited to individuals using wheelchairs.

(22) "Visitable exterior route" means a visitable route of travel between the site perimeter and a visitable unit entrance. For example, in a multistory structure with an elevator, this means a route from the building entrance to a specific unit entrance. It also refers to a route of travel between a visitable unit and common use areas such as parking, lobbies, mailboxes, management offices, recreational facilities, laundries, and garbage and recycling areas.

(23) "Visitable interior route" means a visitable route inside a visitable unit.

(24) "Walk" means an exterior pathway with a prepared surface intended for pedestrian use including general pedestrian areas such as plazas and courts.

Or. Admin. Code § 813-310-0020

OHCS 3-2004, f. & cert. ef. 6-28-04

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 183 & 456.514

Stats. Implemented: ORS 456.506 - 456.514