Chapter 673 Oregon Laws 2001

AN ACT

HB 2660

Relating to building code fees; amending ORS 455.210.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 455.210 is amended to read:

455.210. (1) Fees shall be prescribed as required by ORS 455.020 for plan review and permits issued by the Department of Consumer and Business Services for the construction, reconstruction, alteration and repair of prefabricated structures and of buildings and other structures and the installation of mechanical heating and ventilating devices and equipment. The fees shall not exceed 130 percent of the fee schedule printed in the “Uniform Building Code,” 1979 Edition, and in the “Uniform Mechanical Code,” 1979 Edition, both published by the International Conference of Building Officials. Fees shall not be effective until approved by the Oregon Department of Administrative Services.

(2) Notwithstanding subsection (1) of this section, the maximum fee the Director of the Department of Consumer and Business Services may prescribe for a limited plan review for fire and life safety as required under ORS 479.155 shall be 40 percent of the prescribed permit fee.

(3)(a) A municipality may adopt by ordinance or regulation such fees as may be necessary and reasonable to provide for the administration and enforcement of any specialty code or codes for which the municipality has assumed responsibility under ORS 455.150.

(b) Ten or more persons or an association with 10 or more members may, within 30 days of the adoption of a fee under paragraph (a) of this subsection, appeal the fee to the Director of the Department of Consumer and Business Services. Within 60 days of the receipt of the appeal, the director shall, after notice to affected parties and hearing, review the municipality’s costs of administering and enforcing the specialty code or codes referred to in paragraph (a) of this subsection and approve the fee if the director feels it is necessary and reasonable. If the director does not approve the fee upon appeal, the fee shall not be effective. The appeal process provided in this paragraph shall not apply to fees that have been submitted for a vote and approved by a majority of the electors voting on the question.

(c) Fees collected by a municipality under this subsection shall be used for the administration and enforcement of a building inspection program for which the municipality has assumed responsibility under ORS 455.150.

(d) For purposes of paragraph (b) of this subsection, in determining whether a fee is reasonable the director shall consider whether:

(A) The fee is the same amount as or closely approximates the amount of the fee charged by other municipalities of a similar size and geographic location for the same level of service;

(B) The fee is calculated with the same or a similar calculation method as the fee charged by other municipalities for the same service; and

(C) The fee is the same type as the fee charged by other municipalities for the same level of service.

(4) Notwithstanding any other provision of ORS 455.010 to 455.315 and 455.410 to 455.740, for the purpose of partially defraying state administrative costs, there is hereby imposed a surcharge in the amount of four percent of the total permit fees and hourly charges collected when an applicant chooses to pay an hourly rate instead of purchasing a permit. Municipalities shall collect and remit to the director as provided in ORS 455.220.

(5) Notwithstanding any other provisions of ORS 455.010 to 455.315 and 455.410 to 455.740, for the purpose of partially defraying state inspection costs, there is hereby imposed a surcharge in the amount of two percent of the total permit fees and hourly charges collected when an applicant chooses to pay an hourly rate instead of purchasing a permit. Municipalities shall collect and remit to the director as provided in ORS 455.220.

(6) Notwithstanding any other provision of ORS 455.010 to 455.315 and 455.410 to 455.740 and in addition to the surcharges imposed under subsections (4) and (5) of this section, for the purpose of partially defraying administration and operation costs of the Tri-County Building Industry Service Center, there is hereby imposed a surcharge not to exceed one percent of the total permit fees collected in Clackamas, Multnomah and Washington Counties. Municipalities shall collect and remit surcharges to the director as provided in ORS 455.220.

(7) The director shall adopt administrative rules to allow reduced fees for review of plans that have been previously reviewed.

Approved by the Governor June 28, 2001

Filed in the office of Secretary of State June 29, 2001

Effective date January 1, 2002

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