1535 Edgewater St. NW, Salem, OR 97304 503-378-4133 oregon.gov/bcd
Statewide Code Interpretation
No. 93-38
Plan Review, Permits and Inspections for
Structures on State, Federal, or other Property
In accordance with OAR 918-008-0110, the information contained in this statewide code interpretation is legally
binding on any party involved in activities regulated by applicable Oregon law, applicable Oregon regulations or the
state building code. If the information contained in this statewide code interpretation is cited as a basis for a civil
infraction, a representative of the jurisdiction must cite the interpretation number found in this document.
Code / Section:
2022 Oregon Structural Specialty Code (OSSC)
Date:
Issued—Oct. 1, 1993
Last updated—July 21, 2023
Subject:
Plan review, permits and inspections for structures on state, federal or other property
Questions/Answers:
Are plan reviews, permits and inspections required for:
1. State-owned buildings on state-owned property. Yes.
2. Public water reservoirs located in regulated buildings, water and sewer plants and similar
structures on public lands. Yes.
3. Hydroelectric plants on public water ways. No.
4. Federally-owned buildings on federally-owned property. No.
5. Federal GSA
1
lease construction.
2
Yes.
6. Federal GSA lease construction with government option to purchase. Yes.
7. Buildings on federal Indian reservations. No.
8. Buildings outside of a reservation, on tribal land held in trust. No.
9. Buildings outside of a reservation, on tribal land not held in trust. See Analysis.
10. Buildings on public utility property such as power companies, gas companies, etc. Yes and no.
11. Privately- or state-owned buildings on leased federal lands. Yes.
1
General Services Administration
2
Lease construction is defined as new construction of a building for Government use in response to GSA’s formal solicitation
for offers. The construction may be either on a pre-selected site assigned by GSA to the successful offeror or on the offeror’s
site. Therefore, the building will be developed on private land and the building will be leased to GSA.
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Analysis:
1. State-owned buildings on state-owned property: Plan reviews, permits, and inspections are required for
state-owned property. ORS 455.040.
2. Public water reservoirs located in regulated buildings, water and sewer plants and similar structures
on public lands: The state building code applies to water reservoirs located in regulated buildings, water
and sewage plants and similar facilities to the extent that they constitute “buildings and other structures”
for the purposes of ORS 455.020(1) and ORS 455.110(2). However, the state building code does not apply
to hydraulic flood control structures, including dams, dikes, and levees. OSSC Section 101.2.2.1, Item 8.
3. Hydroelectric plants on public water ways: The Federal Energy Regulatory Commission (FERC) has
jurisdiction to regulate the licensing, construction, and operation of non-federal hydroelectric projects. 16
U.S.C. Chapter 12.
4. Federally-owned buildings on federally-owned land: Under 40 U.S.C. §3312, federal buildings shall be
constructed or altered in compliance with applicable nationally recognized model building codes to the
maximum extent feasible, subject to GSA discretion. Plans may be submitted to the local jurisdiction, state
and local recommendations are to be given due consideration, and inspections are to be allowed. No
federal agency or a contractor employed by the agency can be required to pay for these services and the
federal government is not bound by any state or local recommendations. State and local compliance actions
may not be brought against the federal government and fines and penalties may not be imposed.
5. Federal/GSA lease construction: Federal agencies consider leases of privately owned land and buildings
when needs cannot be met in government-controlled space. In these cases, the applicable state and local
government codes apply. The developer or owner (i.e., offeror) must obtain the necessary building permits
and approvals from the appropriate state or local government officials.
6. Federal/GSA lease construction with government option to purchase: In cases where GSA’s formal
solicitation for offers has an option for GSA to purchase the building at a future date, the GSA-adopted
nationally recognized codes and requirements apply as well as the applicable state and local government
codes. Should a conflict exist between applicable state and local government codes and the GSA
requirements, the developer must identify these conflicts in writing and request a resolution from the GSA
contracting officer. The developer or owner must also obtain the necessary building permits and approvals
from the appropriate state or local government officials and obtain any required approvals from GSA.
7. Federal Indian reservations are areas of land reserved for tribes under treaty, executive order, or federal
statute or administrative action as permanent tribal homelands. The federal government holds title to the land
in trust on behalf of the tribe. Federal Indian reservations are generally exempt from state jurisdiction. A tribe
may choose to adopt the state building code as a tribal law, may enter into an agreement with state or local
government relating to plan review, permits and inspections, or both. Importantly, state or local government
inspectors enter federal Indian reservations only by invitation, not by legal right.
8. Off-reservation tribal trust land is territory to which the U.S. Department of Interior has acquired title
and holds for the benefit of a tribe or individual tribal members. Tribal trust land is under the control of a
tribal government and, like federal Indian reservations, is not subject to state laws.
9. Off-reservation, tribal, non-trust land: This is also referred to as land held in fee, and the land is under
complete control of its owner. Generally, land held in fee is treated like any other private property and
therefore structures on non-reservation land owned in fee by a tribe or tribal member would be subject to
the state building code. However, a tribe has sovereign immunity from suit unless it is waived by the tribe
or retracted by Congress, so there may be challenges in enforcing plan review, permit and inspection
requirements. Consult local legal counsel.
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10. Utilities: Consistent with its purpose and scope of application, the state building code does not regulate
public utility towers and poles or construction that are in a public way. However, utility-owned buildings
built out of a public way would be regulated and permits are required, except where the building is
specifically exempted. OSSC Section 101.2.2.1, Item 5.
11. Privately- or state-owned buildings on leased federal lands. Leases issued by the federal Bureau of Land
Management authorize the public to use, occupy, and develop public lands for various purposes. Under 43
CFR 2920.7, these land use authorizations contain terms and conditions which require compliance with
state standards for construction of such use, and therefore structures built upon leased lands are required to
comply with the state building code.
Contact:
Visit the division website to contact a building code specialist.
