2021 ORSC Section R101.2.2, R105.2

Each item number in “bold” print refers to an exemption from the Oregon Residential Specialty Code. The Language below offers a clarification or circumstance where the exemption may or may not apply.

1. Non-habitable one-story detached accessory structures, not greater than 200 square feet in floor area and the average roof peak not more than 15 feet in height.
   
   

   NOTE: In a parcel of land 2.0 acres or greater, and the structure is located a minimum of 20 feet from all property lines, the floor area may be increased to 400 square feet.

1. Exempt detached accessory structures include– Garages, carports, storage sheds, tool sheds, and garden structures (garden structures may include, but are not limited to, a greenhouse, garden shed or pergola).


2. Prefabricated carports and site-built carports are exempt when under 200 square feet. Detached structures under 200 square feet that are NOT exempt from permits – freestanding patio covers, and any structure being used as habitable space such as ‘she sheds’, ADUs, etc.


2. Concrete sidewalks, slabs, platforms, driveways, and similar work.
   
   
   1. See “2021 ORSC R105.2 (2, 12) Deck and walking surface Exemption Explained” for more related information.


3. Painting, papering, tiling, carpeting, cabinets, counter tops, interior wall, floor, or ceiling covering, shelving and similar work.


4. Above grade, on-ground, and in-ground swimming pools.
   
   
   1. Required swimming pool barriers are NOT exempt from permit.
   1. Swimming pool barriers are required for in-ground pools.
   2. Manufactured above-ground portable pools designed as a flexible membrane do not require barriers.


5. Swings, other playground equipment and similar work.


6. Patio covers, as defined, and porch covers not over 200 square feet and supported by an exterior building wall on one side.


1. Freestanding patio and porch covers are NOT exempt from building permits.


2. The patio or porch cover cannot just be attached to the roof, it must be supported by an exterior load building wall.


7. Window awnings supported by an exterior bearing wall that do not project more than 54 inches from the exterior wall and do not require additional support.


8. Nonbearing partitions, except when such partitions create habitable space.
   
   
   1. Nonbearing, interior partition walls are allowed if that wall is not part of or being used to create bedrooms, an ADU, garage or basement conversion, etc. EMPs are still required for any electrical, mechanical, or plumbing that may be added even if a BP is not required.


9. Replacement or repair of siding not required to be fire resistive.


1. This exemption is for siding only, if they are replacing or repairing the sheathing underneath, a building permit is required. If T1-11 siding, a building permit is required if it acts as both the siding and structural sheathing.


10. Retrofitted insulation.
    
    
    1. This applies to replacing, adding, or upgrading insulation in an existing dwelling. Ensure that new habitable space is not being created.
    
    
11. Masonry repair.


12. Porches and decks where the floor or deck is not more than 30 inches above adjacent grade measured at any point within 3 feet horizontally of the floor or deck, and where in the case of a covered porch the covered portion of the porch does not come closer than 3 feet to lot lines.
    
    
    1. See “2021 ORSC R105.2 (12) Deck Exemption Explained” for more information.


13. Gutters and downspouts.


14. Door and window replacements (where no structural member is changed).


15. Reroofing, where replacement or repair of roofing and sheathing does not exceed 30 percent of the required live load design capacity.
    
    

    NOTE: Reroofing permits are required for the following:

1. If replacing more than 30 percent of the roofing AND sheathing.


2. Structures in wildfire hazard zones.


3. Townhouses (due to fire-rated roof construction).


4. Installation of integrated solar shingles. (If they have or are adding solar panels that serve as shingles also.)


16. Framed-covered non-habitable accessory structures not more than 500 square feet in area, one story in height and not closer than 3 feet to the property line, where the structure is composed of rigid framework that supports a fabric membrane (ex.-tent-like or prefabricated metal pole structures with fabric membrane cover).


17. Fences, when NOT acting as a swimming pool barrier, are exempt when constructed of wood, wire mesh, or chain link and are under 7 feet in height. This is a local code adoption.
    
    
    1. Chain link fences are allowed to go up to 8 feet so long as they do not have slats.
    
    
18. Retaining walls are exempt from permits when they are under 4 feet in height and do not support a building or retain soil that could impact a building. This is a local code adoption. The exemption applies more to landscape or decorative retaining walls under 4 feet in height.


19. Ground mounted solar arrays.

  General notes

1. If a scope of work is deemed exempt from obtaining a building permit, that does not guarantee exemption from EMP (electrical, plumbing, or mechanical) permits. Contact the City of Salem Building Department for verification.
2. This document exists for the purposes of clarifying the adopted 2021 ORSC code language only. This document does not, in any way, modify or nullify code requirements. It is the sole responsibility of the building owner to obtain the necessary permits prior to regulated work commencing.
3. For any circumstances not clearly defined in this document or additional clarification needed, please call the City of Salem Building Department for further assistance.
4. Information was obtained directly from the 2021 Oregon Residential Specialty Code