OAR 813 § 813-310-0080
Classifying Exemptions
Operative Text
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.
OAR 813 § 813-310-0080 establishes a framework under which Oregon's Department of Housing and Community Development may sort accessibility-related exemptions into defined categories—such as topography, funding conflicts, undue cost, undue constraint, initial project rejection, community and design standards, and adaptable powder room provisions—for internal administrative purposes like record-keeping and analysis. The rule does not grant new exemptions itself; it organizes existing ones so the Department can track and justify how and why exemptions are applied. This classification system is an administrative tool, not a substantive change to who qualifies for an exemption.
Plain English — not legal advice.
Property owners and developers seeking an exemption under Oregon's accessibility requirements should be aware that OAR 813 § 813-310-0080 governs how the Department categorizes those exemptions internally. Compliant operators typically document the specific basis for any exemption claim—such as topographical constraints or undue cost—in a way that aligns with the categories listed in this rule. Maintaining clear records that correspond to these categories can support the Department's review and justification process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
OAR 813 § 813-310-0080 describes how Oregon's Department of Housing and Community Development organizes exemptions from accessibility requirements, which can affect the availability of accessible features in residential developments. Tenants who believe an exemption was improperly applied to their housing may find it useful to review which category was used and whether it aligns with the rule's defined classifications. Tenant-rights organizations and the Department itself are general resources for understanding how exemption decisions are made and documented.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.