(1) Nothing in this chapter is intended to authorize the application of a state structural specialty code to any agricultural building, agricultural grading or equine facility.
(2) As used in this section:
(a) “Agricultural building” means a structure located on a farm and used in the operation of the farm for:
(A) Storage, maintenance or repair of farm machinery and equipment;
(B) The raising, harvesting and selling of crops;
(C) The feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees;
(D) Dairying and the sale of dairy products; or
(E) Any other agricultural or horticultural use or animal husbandry, or any combination thereof, including the preparation and storage of the produce raised on the farm for human use and animal use and disposal by marketing or otherwise.
(b) “Agricultural building” does not mean:
(A) A dwelling;
(B) A structure used for a purpose other than growing plants in which 10 or more persons are present at any one time;
(C) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476;
(D) A structure used by the public; or
(E) A structure subject to sections 4001 to 4127, title 42, United States Code (the National Flood Insurance Act of 1968) as amended, and regulations promulgated thereunder.
(c) “Agricultural grading” means grading related to a farming practice as defined in ORS 30.930.
(d) “Equine facility” means a building located on a farm and used by the farm owner or the public for:
(A) Stabling or training equines; or
(B) Riding lessons and training clinics.
(e) “Equine facility” does not mean:
(A) A dwelling;
(B) A structure in which more than 10 persons are present at any one time;
(C) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476; or
(D) A structure subject to sections 4001 to 4127, title 42, United States Code (the National Flood Insurance Act of 1968) as amended, and regulations promulgated thereunder.
(3) Notwithstanding the provisions of subsection (1) of this section, incorporated cities may regulate agricultural buildings and equine facilities within their boundaries pursuant to this chapter. [Formerly 456.758 and then 456.917; 1995 c.783 §1; 2003 c.74 §1; 2005 c.288 §3]
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