Chapter 710 Oregon Laws 2001
AN ACT
HB 3641
Relating to Department of
Consumer and Business Services finances; creating new provisions; amending ORS
446.076, 446.176, 446.400, 446.410, 455.020, 455.220, 455.230, 455.240, 460.370
and 705.145; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
All moneys deposited to the Consumer and
Business Services Fund that are derived pursuant to ORS 446.003 to 446.200,
446.210, 446.225 to 446.285, 446.395 to 446.420 and 455.220 (1) are
continuously appropriated to the Department of Consumer and Business Services
for carrying out any of the duties, functions and powers of the department
under ORS 446.003 to 446.200, 446.210, 446.225 to 446.285 and 446.395 to
446.420, and rules adopted thereunder, without regard to the source of the
moneys.
SECTION 2.
All moneys deposited to the Consumer and
Business Services Fund that are derived pursuant to ORS 455.240 or 460.370, or
from state building code or specialty code program fees for which the amounts
are established by Department of Consumer and Business Services rule pursuant
to ORS 455.020 (2), are continuously appropriated to the department for
carrying out any of the duties, functions and powers of the department under
ORS 455.240 or 460.310 to 460.410 or under a program for which a fee amount is
established by department rule pursuant to ORS 455.020 (2), without regard to
the source of the moneys.
NOTE:
Section 3 was deleted by amendment. Subsequent sections were not renumbered.
SECTION 4.
ORS 446.076 is amended to read:
446.076. All moneys received by the Department of Consumer
and Business Services under ORS 446.003 to 446.200 and 446.225 to [446.280] 446.285 shall be paid into the Consumer and Business Services Fund
created by ORS 705.145. The moneys received under this section are continuously
appropriated [and shall be used only for
the administration and enforcement of ORS 446.003 to 446.200 and 446.225 to
446.285 by the department with respect to mobile home or manufactured dwelling
parks] to the department for use as
provided in section 1 of this 2001 Act.
SECTION 5.
ORS 446.176 is amended to read:
446.176. (1) The Director of the Department of Consumer and
Business Services, with the approval of the Manufactured Structures and Parks
Advisory Board, shall adopt regulations under the provisions of ORS 183.310 to
183.550 to provide a schedule for plan review fees, insignia fees, inspection
fees and other necessary fees based on the estimated
cost of administering [ORS 446.003,
446.111, 446.160, 446.225 to 446.285, 446.990 and this section and those parts
of] ORS 446.003 to 446.200 and 446.225 to 446.285 [within the jurisdiction of the Department of Consumer and Business
Services].
(2) Fees collected by the department pursuant to this
section shall be deposited in the Consumer and Business Services Fund
established by ORS 705.145.[, with any specifically designated training
fees to be deposited in the Manufactured Structures and Parks Education Account
of the fund, and shall be used exclusively for the administration and
enforcement of those matters in ORS 446.003 to 446.200 and 446.225 to 446.285
under the jurisdiction of the department] Moneys deposited into the fund pursuant to this section are
continuously appropriated to the department for use as provided in section 1 of
this 2001 Act.
SECTION 6.
ORS 446.400 is amended to read:
446.400. (1) In accordance with any applicable provisions
of ORS 183.310 to 183.550, the Director of the Department of Consumer and
Business Services, with the approval of the Manufactured Structures and Parks
Advisory Board, shall establish by rule a procedure for the licensing of
individuals to install manufactured dwellings and cabanas. Such a procedure
shall include, but not be limited to, provisions prescribing:
(a) The form, content and procedures for submitting an
application for license issuance and renewal;
(b) The term of the license and the fee for the original
issuance and renewal of the license;
(c) The experience and training requirements for
determining the qualifications of license applicants; and
(d) The actions and procedures required for license
suspension, revocation and reissuance.
(2) In determining the appropriate initial license and
renewal fees for installers, the director, with the approval of the board,
shall [insure] ensure that the annual income to the department from license and
renewal fees established under this
section does not exceed one-third of the estimated total cost of administering and enforcing the provisions
of ORS 446.003[,] and446.395 to 446.420 [and
455.230].
[(3) The costs of
developing and administering ORS 446.003, 446.395 to 446.420 and 455.230 shall
be funded:]
[(a) One-third from
license application fees; and]
[(b) Two-thirds from
fees paid by manufacturers under ORS 446.176.]
(3) Fees collected
by the Department of Consumer and Business Services pursuant to this section
shall be deposited in the Consumer and Business Services Fund established by
ORS 705.145 and are continuously appropriated to the department for use as
provided in section 1 of this 2001 Act.
(4) The board may adopt classifications of installers
including, but not limited to, temporary installer, limited installer and
installer.
SECTION 7.
ORS 446.410 is amended to read:
446.410. Fees and civil penalties collected by the
Department of Consumer and Business Services pursuant to ORS 446.003, 446.395
to 446.420 and 455.230 shall be deposited in the Consumer and Business Services
Fund established by ORS 705.145 and [shall
be used and] are continuously
appropriated [for the administration and
enforcement of ORS 446.003, 446.395 to 446.420 and 455.230 and the rules
adopted pursuant thereto] to the
department for use as provided in section 1 of this 2001 Act.
SECTION 7a.
If House Bill 2153 becomes law, section
7 of this 2001 Act (amending ORS 446.410) is repealed and ORS 446.410, as
amended by section 15, chapter 411, Oregon Laws 2001 (Enrolled House Bill
2153), is amended to read:
446.410. Fees collected by the Department of Consumer and
Business Services pursuant to ORS 446.003 and 446.395 to 446.420 shall be
deposited in the Consumer and Business Services Fund established by ORS 705.145
and [shall be used and] are continuously appropriated [for the administration and enforcement of
ORS 446.003 and 446.395 to 446.420 and the rules adopted pursuant thereto] to the department for use as provided in
section 1 of this 2001 Act.
SECTION 8.
ORS 455.020 is amended to read:
455.020. (1) This chapter is enacted to enable the Director
of the Department of Consumer and Business Services to promulgate a state
building code to govern the construction, reconstruction, alteration and repair
of buildings and other structures and the installation of mechanical devices
and equipment therein, and to require the correction of unsafe conditions
caused by earthquakes in existing buildings. The state building code shall
establish uniform performance standards providing reasonable safeguards for
health, safety, welfare, comfort and security of the residents of this state
who are occupants and users of buildings, and will provide for the use of
modern methods, devices, materials, techniques and practicable maximum energy
conservation.
(2) The [regulations] rules adopted pursuant to this chapter
shall include structural standards; standards for the installation and use of
mechanical, heating and ventilating devices and equipment; and standards for
prefabricated structures; and shall, subject to ORS 455.210, prescribe
reasonable fees for the issuance of building permits and similar documents,
inspections and plan review services by the Department of Consumer and Business
Services. The department may also
establish, by rule, the amount of any fee pertaining to the state building code
or any specialty code that is authorized by statute, but for which an amount is
not specified by statute.
(3) This chapter does not affect the statutory jurisdiction
and authority of the Workers' Compensation Board, under ORS chapter 654, to
promulgate occupational safety and health standards relating to places of
employment, and to administer and enforce all state laws, regulations, rules,
standards and lawful orders requiring places of employment to be safe and
healthful.
(4) This chapter and any specialty code does not limit the
authority of a municipality to enact regulations providing for local
administration of the state building code; local appeal boards; fees and other
charges; abatement of nuisances and dangerous buildings; enforcement through
penalties, stop-work orders or other means; or minimum health, sanitation and
safety standards for governing the use of structures for housing, except where
the power of municipalities to enact any such regulations is expressly withheld
or otherwise provided for by statute. Pursuant to the regulation of dangerous
buildings, a municipality may adopt seismic rehabilitation plans that provide
for phased completion of repairs that are designed to provide improved life
safety but that may be less than the standards for new buildings.
SECTION 9.
ORS 455.220 is amended to read:
455.220. (1) For the purpose of defraying the costs of
training and other educational programs administered by the Department of
Consumer and Business Services under this chapter there is hereby imposed a
surcharge in the amount of one percent of the total building permit fees and
hourly charges collected when an applicant chooses to pay an hourly rate
instead of purchasing a permit in connection with the construction of, or
addition or alteration to, buildings and equipment or appurtenances.
(2) Permit surcharges shall be collected by each
municipality and remitted to the Director of the Department of Consumer and
Business Services. Each municipality having a population greater than 40,000
shall, on a monthly basis, prepare and submit to the director a report of
permits and certificates issued in each class or category and fees and
surcharges thereon collected during the month, together with other statistical
information as required by the director concerning construction activity
regulated by the parts of the state building code administered by the
municipality. All other municipalities shall submit such a report on a
quarterly basis. The report, which shall be in a form prescribed by the
director, shall be submitted, together with a remittance covering the
surcharges collected, by no later than the 15th day following the month or
quarter in which the surcharges are collected.
(3)(a) Except as provided in subsection (4) of this
section, all surcharges and other fees prescribed by ORS 455.010 to 455.240 and
455.410 to 455.740 and payable to the department, except fees received under
ORS 455.150 (6), shall be deposited by the director in the Consumer and
Business Services Fund created by ORS 705.145.
(b) Notwithstanding subsection (4)(a) of this section, the
training surcharge imposed under subsection (1) of this section for permits
established under ORS 446.062 (3), 446.176, 446.405 (2), 446.430 (2) and
455.170 (2) shall be deposited in the [Manufactured
Structures and Parks Education Account of the] Consumer and Business
Services Fund established under ORS 705.145 and is continuously appropriated to the department for use as provided
in section 1 of this 2001 Act.
(4)(a) From the amount appropriated biennially to the
department [from the account created
under ORS 705.145] for the purpose of defraying the costs of training and
other educational programs under subsection (1) of this section, the director
shall transfer to the Tri-County Building Industry Service Center Account
established under ORS 705.720 an amount not to exceed one-half of the biennial
appropriation.
(b) The director shall deposit funds received under ORS
455.210 (6) in the Tri-County Building Industry Service Center Account
established under ORS 705.720.
(5) The director shall administer training and other
education programs under this chapter through contracts with local educational
institutions, professional associations or other training providers.
SECTION 10.
ORS 455.230 is amended to read:
455.230. (1)
Except as otherwise provided by law, all moneys appropriated or credited to the
Consumer and Business Services Fund and received under this chapter, ORS [446.155 to 446.200, 446.410,] 447.010 to
447.160, 460.005 to 460.175, 460.310 to 460.410, 479.510 to 479.945, 480.510 to
480.665 and ORS chapter 693 hereby are appropriated continuously for and shall
be used by the director for the purpose of carrying out the duties and
responsibilities imposed upon the department[,] under this chapter, ORS [446.155
to 446.200, 446.410,] 447.010 to 447.160, 460.005 to 460.175, 460.310 to
460.410, 479.510 to 479.945, 480.510 to 480.665 and ORS chapter 693.
(2) Except as
otherwise provided by law, all moneys appropriated or credited to the Consumer
and Business Services Fund and received under ORS 446.003 to 446.200, 446.210,
446.225 to 446.285, 446.395 to 446.420 and 455.220 (1) hereby are appropriated
continuously for and shall be used by the director for the purpose of carrying
out the duties and responsibilities imposed upon the department under ORS
446.003 to 446.200, 446.210, 446.225 to 446.285 and 446.395 to 446.420,
education and training programs pertaining thereto, and rules adopted
thereunder, without regard to the source of the moneys.
SECTION 11.
ORS 455.240 is amended to read:
455.240. (1) All revenues derived from the sale of
publications of the Department of Consumer and Business Services relating to
building codes shall be deposited in the Consumer and Business Services Fund.
(2) Moneys credited to the Consumer and Business Services
Fund under subsection (1) of this section are continuously appropriated [exclusively to pay for publication costs of
the department relating to building codes] to the department for use as provided in section 2 of this 2001 Act.
SECTION 12.
ORS 460.370 is amended to read:
460.370. All moneys
from fees collected by the Department of Consumer and Business Services
under ORS 460.310 to 460.410 and 460.990 (2) shall be paid into the Consumer
and Business Services Fund created by ORS 705.145 and are continuously appropriated to the department for use as
provided in section 2 of this 2001 Act.
SECTION 13.
ORS 705.145 is amended to read:
705.145. (1) There is created in the State Treasury a fund
to be known as the Consumer and Business Services Fund, separate from the
General Fund. All moneys collected or received by the Department of Consumer
and Business Services, except moneys collected pursuant to ORS 735.612 and
those moneys required to be paid into the Workers' Benefit Fund, shall be paid
into the State Treasury and credited to the Consumer and Business Services
Fund. Moneys in the fund may be invested in the same manner as other state
moneys and any interest earned shall be credited to the fund.
(2) The department shall keep a record of all moneys
deposited in the Consumer and Business Services Fund [which] that shall
indicate, by separate account, the source from which the moneys are derived,
the interest earned and the activity or program against which any withdrawal is
charged.
(3) Should moneys credited to any one account be withdrawn,
transferred or otherwise used for purposes other than the program or activity
for which the account is established, interest shall accrue on the amount
withdrawn from the date of withdrawal and until such funds are restored.
(4) Moneys in the fund shall provide and are appropriated
for the administrative expenses of the department and for its expenses in
carrying out its functions and duties under any provision of law.
(5) It is the intention of the Legislative Assembly that
the performance of the various duties and functions of the department in
connection with each of its programs shall be financed by the fees, assessments
and charges established and collected in connection with those programs.
(6) There is created by transfer from the Consumer and
Business Services Fund a revolving administrative account in the amount of
$100,000. The revolving account shall be disbursed by checks or orders issued
by the director or the Workers' Compensation Board and drawn upon the State
Treasury, to carry on the duties and functions of the department and the board.
All checks or orders paid from the revolving account shall be reimbursed by a
warrant drawn in favor of the department charged against the Consumer and
Business Services Fund and recorded in the appropriate subsidiary record.
(7) For the purposes of ORS chapter 656, the revolving
account created pursuant to subsection (6) of this section may also be used to:
(a) Pay compensation benefits; and
(b) Refund to employers amounts paid to the Consumer and
Business Services Fund in excess of the amounts required by ORS chapter 656.
(8) There is established in the Consumer and Business
Services Fund the Banking Education Assessment Account. All moneys in the
account are appropriated continuously for use by the Conference of State Bank
Supervisors Education Foundation to provide quality training and education for
state bank examiners.
(9) Notwithstanding
subsections (2), (3) and (5) of this section, the moneys derived pursuant to
ORS 446.003 to 446.200, 446.210, 446.225 to 446.285, 446.395 to 446.420 and
455.220 (1) and deposited to the fund, interest earned on those moneys and
withdrawals of moneys for activities or programs under ORS 446.003 to 446.200,
446.210, 446.225 to 446.285 and 446.395 to 446.420, or education and training
programs pertaining thereto, must be assigned to a single account within the
fund.
[(9) There is
established in the Consumer and Business Services Fund the Manufactured
Structures and Parks Education Account. Moneys that are specifically designated
as training fees and that are collected under ORS 446.176 and 455.220 (1) shall
be deposited in the account. All moneys in the account are appropriated
continuously for use by the Department of Consumer and Business Services to
provide quality training and education for persons employed in producing,
selling, installing, delivering or inspecting manufactured structures or
buildings, or inspecting parks or camps. Notwithstanding the applicable
provisions of ORS chapter 279, the department may, with the advice of the
Manufactured Structures and Parks Advisory Board established under ORS 446.280,
contract with a public or private person to develop or provide training and education
programs.]
(10) Notwithstanding
subsections (2), (3) and (5) of this section, the moneys derived pursuant to
ORS 455.240 or 460.370 or from state building code or specialty code program
fees for which the amount is established by department rule pursuant to ORS 455.020
(2) and deposited to the fund, interest earned on those moneys and withdrawals
of moneys for activities or programs described under ORS 455.240 or 460.310 to
460.410, structural or mechanical specialty code programs or activities for which
a fee is collected under ORS 455.020 (2), or programs described under
subsection (11) of this section that provide training and education for persons
employed in producing, selling, installing, delivering or inspecting
manufactured structures or manufactured dwelling parks or recreation parks,
must be assigned to a single account within the fund.
(11) Notwithstanding ORS
chapter 279, the department may, after consultation with the appropriate
specialty code advisory boards established under ORS 446.280, 455.132, 455.138,
480.535 and 693.115, contract for public or private parties to develop or
provide training and education programs relating to the state building code and
associated licensing or certification programs.
SECTION 14.
Sections 1 and 2 of this 2001 Act and
the amendments to ORS 446.076, 446.176, 446.400, 446.410, 455.020, 455.220,
455.230, 455.240, 460.370 and 705.145 by sections 4 to 13 of this 2001 Act
apply to moneys deposited to the Consumer and Business Services Fund prior to
the effective date of this 2001 Act and remaining unexpended on the effective
date of this 2001 Act and to moneys deposited to the fund on or after the
effective date of this 2001 Act.
Approved by the Governor
July 2, 2001
Filed in the office of
Secretary of State July 2, 2001
Effective date January 1,
2002
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