OAR 813 § 813-310-0085
Exemption Request Timing
Operative Text
(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.
Oregon Administrative Rule OAR 813 § 813-310-0085 establishes when exemption requests from certain development requirements may be submitted or granted. Generally, these requests must occur before a certificate of occupancy is issued, though the rule acknowledges that circumstances—such as a city imposing design standards late in the review process—can make early requests impractical. A special exception exists for the 24-hour availability requirement for a community powder room: because operational issues may only surface after a building is occupied, that particular exemption may be sought at any point during the life of the project.
Plain English — not legal advice.
Under OAR 813 § 813-310-0085, developers and property owners working on projects subject to Oregon Housing Department oversight generally submit exemption requests as early as possible—ideally before filing a Consolidated Funding Cycle application—to support accurate project budgeting. When late-stage circumstances, such as a municipality imposing new design standards after funding awards, make early requests impossible, the rule accommodates those situations. For the specific case of the community powder room 24-hour availability requirement, operators should be aware that an exemption request remains available throughout the entire life of the project, not just during the pre-occupancy window.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
OAR 813 § 813-310-0085 governs the timing of exemption requests made during the development of housing projects funded or overseen by the Oregon Department of Housing. While this rule primarily affects developers and the Department, tenants living in affected communities may find it relevant if questions arise about whether a building's features—such as a community powder room's availability—meet required standards. Tenants who believe a project-related exemption may affect their housing conditions can contact a local tenant-rights organization or the Oregon Department of Housing for information about how exemptions were applied to their specific development.
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
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