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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 310

SUBSIDIZED DEVELOPMENT VISITABILITY

813-310-0005

Purpose and Objective

OAR chapter 813, division 310 is promulgated to accomplish the general purposes of ORS 456.506 through 456.514, visitability requirements for subsidized development.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0010

Applicability

These rules apply to the new construction of one or more rental housing units receiving development subsidies from the Department as described in ORS 456.508(7). Covered housing units include Department subsidized townhouses as well as other forms of rental housing. These rules also apply to group homes. These rules do not apply to homeownership housing, to farmworker housing located on a farm or to the acquisition, alteration, renovation or remodeling of existing structures. The visitability requirements are not the same as federal, or state accessibility or adaptability requirements.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0015

Federal and State Requirements Resolution

Where other state and federal accessibility requirements apply, including but not limited to the Americans with Disabilities Act requirements, that differ from these visitability requirements and both apply to a subsidized development project, the more stringent requirements shall control. It should be noted that there are other accessibility requirements established in state and federal law. Chief among these are the Oregon Structural Speciality Code, and when applicable, the Americans with Disabilities Act or Uniform Federal Accessibility Standards. Pursuant to state code requirements, public and common use areas and facilities such as recreational facilities, laundry facilities, garbage and recycling collection areas, mailbox locations, lobbies, foyers and management offices shall be accessible in applicable multifamily housing. (chapter 11, division I - Building Accessibility, New Construction, Group R Occupancies, Section 1106.1.10-General, Oregon Structural Speciality Code).

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

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.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0025

Visitability Requirements

Except as provided in ORS 456.513 and consistent with these rules, the Department may not provide funding for the development of new rental housing that is a subsidized development unless:

(1) Each dwelling unit of the housing meets the following requirements:

(a) At least one visitable exterior route leading to a dwelling unit entrance that is stepless and has a minimum clearance of 32 inches.

(b) One or more visitable routes between the visitable dwelling unit entrance and a visitable common living space.

(c) At least one visitable common living space.

(d) One or more visitable routes between the dwelling unit entrance and a powder room.

(e) A powder room doorway that is stepless and has a minumum clearance of 32 inches.

(f) A powder room with walls that are reinforced in a manner suitable for handrail installation. For purposes of this paragraph, handrail means grab bar.

(g) Light switches, electrical outlets and environmental controls that are at a reachable height.

(2) For a development that has a shared community room or that has 20 or more contiguous units, there is at least one community powder room available for all tenants and guests that is accessible, except as provided by OAR 813-310-0030(2). This requirement does not apply to group homes.

(3) For a multi-story structure without an elevator, this section applies only to dwelling units on the ground floor of the structure.

(4) The visitability requirements of ORS 456.510 enumerated in this section do not apply to farmworker housing located on a farm.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0030

Community Powder Room

(1) Except as provided by subsection (2) of this section, the required community powder room shall be available for use 24-hours per day, 7 days per week. This availability may be provided by on-site or on-call staff, through the use of keys, keypads or electronic code locks, or by other means, as approved by the Department.

(2) Group homes are exempt from the community powder room requirements.

(3) A subsidized development shall also be exempt from the requirement to make the required community powder room available for use 24-hours per day if justification is provided to the Department demonstrating that all of the visitable units in the development include an adaptable powder room that meets the requirements of OAR 813-310-0025 and also has at least one grab bar. The grab bar shall be installed on the wall beside the toilet and shall meet ADA standards as of July 1, 2004, for proper installation, diameter and length. (In considering whether all the units of a subsidized development have met the provisions of this subsection, the Department will exclude units that have already been given a full exemption from the powder room visitability requirements.) In addition to providing adaptable powder rooms in visitable units, an applicant requesting this exemption shall provide a list to OHCS of the hours that the community powder room will be available. Where the Department grants an exemption under this provision, the Department shall encourage that subsidized development to provide access upon request to any community powder room, where feasible.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0035

Visitable Exterior Route Requirements

Each visitable unit must be connected to common use areas (such as parking, lobbies, mailboxes, management offices, recreational facilities, laundries and garbage and recycling areas) by a visitable exterior route.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0040

Walk, Ramp, Handrail and Curb Ramp Requirements

To satisfy the visitability requirements of this division, relevant walks, ramps, handrails and curbs must meet requirements as follows:

(1) Walks. Walks along a visitable exterior route shall meet the following criteria:

(a) Width. The minimum clear width of a walk shall not be less than 36 inches.

(b) Slope and Rise. The slope of a walk shall not exceed one unit vertical in 20 units horizontal (5% slope).

(c) Cross Slope. The cross slope of a walk shall not exceed one unit vertical in 33 units horizontal (3% slope).

(d) Edge Protection. Along a visitable exterior route, a continuous 2 inch high curb shall be required on both sides of walks that are 12 inches or higher above the adjacent grade. This applies to both flat and sloped portions of walks, regardless of size, as well as flat areas such as plazas and courts. Along a sloped walk, a portion of which requires a curb, the height of the curb shall gradually taper until the walk is no higher than 2 inches above adjacent grade.

(2) Ramps. Ramps along a visitable exterior route shall meet the following criteria:

(a) Width. The minimum clear width of a ramp shall not be less than 36 inches.

(b) Slope. The maximum slope of a ramp shall not exceed one unit vertical in 12 units horizontal (8.33% slope). The maximum rise for any run shall be 30 inches.

(c) Cross Slope. The cross slope of a ramp shall be a maximum of one unit vertical in 33 units horizontal (3% slope).

(d) Surface. Ramps along a visitable exterior route shall have a firm, stable, slip resistent surface.

(e) Landings. Ramps along a visitable route shall have landings at the top and bottom, and at least one intermediate landing for each 30 inches of rise. Landings shall have a minimum dimension, measured in the direction of travel of 60 inches. The width of any landing may not be less than the width of the ramp. Where the ramp changes direction, the minimum size of the ramp shall be 60 inches by 60 inches.

(3) Curb Ramps. Curb ramps shall be required where curbs lie along a visitable route.

(a) Width. Curb ramps shall have a minimum width of 36 inches.

(b) Slope. Curb ramps shall have a maximum slope of 1 unit vertical to 12 units horizontal. Transitions from curb ramps to walks, gutters and vehicular ways shall be flush and free of abrupt changes in height.

(c) Side Slopes. Curb ramps located where pedestrians must walk across the ramp shall have sloped sides whose slope does not exceed 1:10.

(d) Surfaces. Curb ramps along visitable exterior routes shall have a firm, stable, slip resistent surface.

(e) Location. Curb ramps shall be built so as not to project into vehicular ways or be located within accessible parking spaces.

(4) Handrails. Ramps with a total rise of 12 inches or less or a horizontal projection of 144 inches or less are not subject to the handrail requirement. The handrail requirement must be met on all other ramps. Where handrails are required, the handrail must meet the requirements set forth in chapter 11, division II-Element Requirements, Section 1109.10.11.3, Structural Strength, of the Oregon Structural Specialty Code as of July 1, 2004. Handrails shall have an outside diameter of not less than 1 1/4 inches or more than 2 inches, a 1 1/2 inch clear distance between the handrail and an adjacent wall, and must extend the full length of the ramp, including the landing. Unless otherwise required by federal or state code, a handrail on one side of the exterior visitable route is sufficient and need not include extensions beyond the length of the ramp and landing.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0045

Visitable Exterior Unit Entrance Requirements

Visitable exterior unit entrances to dwelling units shall meet the following criteria:

(1) Adjacent Surfaces. Each visitable entrance shall have a flat surface immediately adjacent to and level with the entrance. On the exterior, the surface may be sloped for drainage at a rate of no greater than 1 unit vertical to 50 units horizontal (2% slope). The surface shall be at least 36 inches wide. It shall be at least 48 inches deep in the direction of travel on the push side of the door and not less than 60 inches deep in the direction of travel on the pull side of the door. Where the door is not in the direction of travel, the minimum size of the flat surface shall be 60 inches by 60 inches.

(2) Exterior Door Width. An exterior door shall have a clear opening of at least 32 inches.

(3) Threshold. The maximum threshold height shall be 3/4 inch for exterior sliding doors and 1/2 inch for all other exterior doors. The threshold shall be beveled down to the adjacent surface at a slope not steeper than 1:2.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0050

Visitable Interior Route and Doorway Requirements

(1) Hallways along a visitable route shall have a minimum clearance of 36 inches, and doorways along that route shall have a minimum clearance of 32 inches.

(2) The maximum threshold height for visitable interior doors shall be 1/2 inch. The threshold shall be beveled down to the adjacent surface at a slope not steeper than 1:2.

(3) The visitable powder room doorway shall have either an exterior swing door, a pocket door, or an interior swing door. An exterior swing door shall not block access along the visitable interior route, in the Department's determination. An interior swing door shall not block the reasonable use of the fixtures in the powder room, in the Department's determination.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0055

Light Switches, Electrical Outlets and Environmental Control Requirements

Light switches, electrical outlets and environmental controls in the dwelling units shall be installed no lower than 15 inches, or any higher than 48 inches, above the adjacent floor level.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0060

Group Home Visitability Requirements

Group homes are generally considered to be a single unit. Consequently, as with a single unit, these rules require only one visitable exterior route, one visitable entrance, and one powder room with a visitable interior route and a visitable doorway for a group home. The shared space in a group home is not considered to be a shared community room as defined in OAR 813-310-0020(15) and is not subject to the visitability and availability requirements outlined in 813-310-0025(1)(b) and 813-310-0030 for shared community rooms.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0065

Exemptions

The Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of OAR 813-310 if the Department determines that the exemption is warranted by:

(1) The topography at the construction site. An exemption or partial exemption from these rules may be considered where topography or other considerations (flood plains, conservation areas) are determined by the Department to make compliance impracticable. Undue expense resulting from adjustments to accepted construction methods arising from specific site conditions might also qualify for an exemption. For example, providing both an exterior visitable route and adequate drainage at the building perimeter on a flat site may require unusual foundation design that unreasonably adds to project cost.

(2) Community and design standards. Community and design standards, refer to local government development codes or to previously adopted and binding CCRs (covenants, conditions and restrictions). They do not refer to neighborhood or project management design preferences. Where possible, projects should adapt to meet the community and design standards and all visitability requirements. If new community and design standards are imposed after a project has already been submitted for funding by the Department and the Department determines that the new standards conflict with the visitability requirements of this division, an exemption may be granted for the project.

(3) Undue costs or constraints (see the definitions at OAR 813-310-0020(19) and (20)); or

(4) Conflicting funding requirements of another government agency if the agency contributes a significant amount of financial aid for the housing (see the definition at OAR 813-310-0020(16)).

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0070

Application for Exemptions from Visitability Requirements

(1) To request an exemption from any rule under Chapter 813-310, the applicant must complete an OHCS Exemption Request Form. Exemption Request Forms may be obtained by contacting the OHCS Housing Resources Section. They are also available on the OHCS website at: http://www.hcs.state.or.us/.

(2) In requesting an exemption, an applicant must list the category of each visitability exemption as described in OAR 813-310-0080 and must submit a written statement providing thorough justification about why each exemption is needed. An applicant may seek exemption pursuant to more than one exemption category. Consistent with the category of the requested exemption or exemptions, the written statement should include information regarding topographic conditions, community and design standards, construction costs, constraints, sources of funding or other matters as necessary to adequately describe the circumstances relating to the exemption request. If the exemption request is based upon design standards, the written statement shall address whether it would be reasonably possible to obtain from the local government an exemption from the local design standard. In addition, the statement shall indicate whether the applicant is seeking a full or partial exemption.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0075

Approval or Disapproval of Requested Visitability Exemptions

(1) The Department may grant exemptions to the visitability requirement of this division in a manner and to a degree consistent with these rules, acting on its own initiative or at the request of an applicant for a development subsidy.

(2) The final approval of an exemption or partial exemption request may be given for more or less than requested. Partial exemptions may be granted as follows:

(a) Partial exemption from meeting all of the visitability requirements. The Department may grant an exemption for one aspect of the visitability requirements without granting exemption from other visitability requirements. For example, an exemption from exterior visitability requirements may be granted for topographical reasons, without exempting interior visitability requirements.

(b) Partial exemption from full compliance with visitability requirements -- The Department may grant a partial exemption from full compliance with any visitability requirement. For example, a ramp that cannot meet the visitability standard may be given a partial exemption that still requires the ramp to meet a certain standard which in the determination of the Department is the best that can be achieved under the circumstances.

(c) Partial exemption for one or more units. The Department may grant an exemption or partial exemption for one or more of the units in a development. For example, it may be that one unit in a development requires an exemption while others do not merit such an exemption.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0080

Classifying Exemptions

For administrative purposes including without limitation, for purposes of justification, record keeping and analysis of exemptions, the Department may classify exemptions into the following categories, or combination of such categories:

(1) Topography.

(2) Funding conflicts.

(3) Undue cost.

(4) Undue constraint.

(5) Initial project rejection (see OAR 813-310-0095).

(6) Community and design standards.

(7) With regard to the availability of the community powder room, the provision of adaptable powder rooms with grab bars in each visitable unit.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0085

Exemption Request Timing

(1) Exemptions may be requested by an applicant or allowed by the Department at any time during the development of a project prior to the issuance of a certificate of occupancy. The Department encourages exemption requests prior to the submittal of Consolidated Funding Cycle applications as this enables more realistic budgeting. However, this may not always be possible. For example, a city may impose a design standard through the plan review process after the Consolidated Funding Cycle awards have been made.

(2) An exception to this timing deadline will be allowed to request an exemption from the 24-hour availability requirement for a community powder room, as there may be operational issues that arise after occupancy that were not considered during the design or building stages of the project. Such an exemption request may be made and considered at any time during the life of the project.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0090

Good Faith

An applicant who requests an exemption from the requirements of these rules must act in good faith in making the request and in performing any action prior to and related to the request, including the creation of the conditions that support the need or justification for an exemption.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0095

Exemption for Funding Rejection Prior to July 1, 2004; Continued Funding

Until July 1, 2006, the Department may exempt projects that were submitted and rejected for Consolidated Funding Cycle funding prior to the effective date of these rules, July 1, 2004, if compliance with these rules would add significant cost to development of the re-submitted project. The Department may continue to provide funding after July 1, 2006, to complete any project approved for funding prior to July 1, 2006.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0100

Remedies

At their own expense, applicants, owners or developers of any development subject to the rules of this division shall prepare, execute and record, in form, manner and content as the Department may require, such documents as the Department may require, including but not limited to restrictive covenants addressing among other things the development and maintenance of visitability standards. In addition to any other rights arising thereunder, or otherwise available at law, the Department may withhold the reimbursement of development subsidies because of noncompliance with the terms of those documents.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0105

Effective Date

The rules in OAR 813-310 become operative July 1, 2004.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0110

Waiver

The Department may waive or modify any requirement of OAR 813-310, unless such waiver or modification would violate applicable state or federal statutes or regulations.

Stat. Auth.: ORS 183 & 456.514
Stats. Implemented: ORS 456.506 - 456.514
Hist.: OHCS 3-2004, f. & cert. ef. 6-28-04

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