City of Portland v. Building Codes Div.

93 Argued and submitted October 9, 2020, reversed July 8, 2021 THE CITY OF PORTLAND, Petitioner, v. BUILDING CODES DIVISION, a Department of Consumer and Business Services, Respondent. Building Codes Division C20150200; A168754

496 P3d 1108

The City of Portland seeks judicial review of a final order of the Director of the Department of Consumer and Business Services, Building Codes Division (BCD). The BCD concluded that a provision of Oregon’s building code preempted a city ordinance requiring high-occupancy nightclubs to have fire sprinklers and both imposed a civil penalty on the City of…