71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 942
 
                         House Bill 2153
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Department of Consumer and Business Services)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Expands duties of municipalities adopting specialty codes or
building requirements. Requires authorized inspectors to demand
that persons subject to state building code prove compliance with
certain state laws. Requires municipalities adopting plumbing or
electrical inspection programs to take investigation and
enforcement action on behalf of state boards.
 
                        A BILL FOR AN ACT
Relating to regulation of building activities; amending ORS
  455.080, 455.153 and 455.156.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 455.080 is amended to read:
  455.080.  { + Notwithstanding ORS 455.630 (2), + } any
inspector, including a specialty code inspector licensed under
ORS 455.457, authorized by or pursuant to law to determine
compliance with the requirements of the state building code or
any specialty code under this chapter   { - is authorized - }
 { +  shall + }, in the performance of normal duties,
 { - to - }  require any person who is engaged in any activity
regulated by   { - ORS chapter 693 or 701, ORS 447.010 to 447.160
or 479.510 to 479.945 - }  { +  the state building code + } to
demonstrate proof of compliance with the { +  applicable + }
licensing, registration or certification requirements of
 { - those statute sections - }  { +  ORS chapters 446, 447, 455,
460, 479, 480, 693 and 701 + }.
  SECTION 2. ORS 455.153 is amended to read:
  455.153. (1) A municipality may administer any specialty code
or building requirements as though the code or requirements were
ordinances of the municipality if the municipality is authorized
to administer:
  (a) The specialty code under ORS chapter 447 or 455 or ORS
479.510 to 479.945.
  (b) Mobile or manufactured dwelling parks requirements adopted
under ORS 446.062.
  (c) Temporary parks requirements adopted under ORS 446.105.
  (d) Manufactured dwelling installation, support and tiedown
requirements adopted under ORS 446.230.
  (e) Park or camp requirements adopted under ORS 455.680.
 
  (2) Administration of any specialty code or building
requirement includes  { + ensuring compliance with state
licensing, administrative and code requirements during the
regular performance of municipal duties and + } all
 { + other + } administrative and judicial aspects of enforcement
of the code or requirement.  Nothing in this section affects the
concurrent jurisdiction of the Director of the Department of
Consumer and Business Services, the Building Codes Structures
Board, the State Plumbing Board, the Manufactured Structures and
Parks Advisory Board, or the Electrical and Elevator Board to
impose civil penalties for violations committed within
municipalities.
  SECTION 3. ORS 455.156 is amended to read:
  455.156. (1) Notwithstanding any other provision of this
chapter, ORS chapter 693 or ORS 447.010 to 447.160, 479.510 to
479.945 or 479.990, the Department of Consumer and Business
Services shall carry out the provisions of this section.
    { - (2) All municipalities that establish a plumbing,
electrical or one and two family dwelling inspection program
under ORS 455.150 may: - }
    { - (a) Investigate and enforce violations of ORS 479.550 (1)
and 479.620 on behalf of the Electrical and Elevator Board as
provided in this section; - }
    { - (b) Investigate and enforce violations of ORS 447.030,
447.040, 693.030 and 693.040 as provided in paragraph (c) of this
subsection; and - }
    { - (c) Issue notices of proposed assessment of civil
penalties for violations of the statutes covered in paragraphs
(a) and (b) of this subsection as agents of the respective boards
following procedures adopted under subsection (3) of this
section. - }
   { +  (2)(a) A municipality that establishes a plumbing
inspection program under ORS 455.150 covering installations under
the plumbing specialty code or One and Two Family Dwelling Code
shall act on behalf of the State Plumbing Board to investigate
violations of and enforce ORS 447.030, 447.040, 693.030 and
693.040 and to issue notices of proposed assessment of civil
penalties for those violations.
  (b) A municipality that establishes an electrical inspection
program under ORS 455.150 covering installations under the
electrical specialty code or One and Two Family Dwelling Code
shall act on behalf of the Electrical and Elevator Board to
investigate violations of and enforce ORS 479.550 (1) and 479.620
and to issue notices of proposed assessment of civil penalties
for those violations. + }
  (3) The department shall establish:
  (a) Procedures, forms and standards to carry out the provisions
of this section, including but not limited to creating preprinted
notices of proposed assessment of penalties that can be completed
and served by municipal inspectors;
  (b) A program to provide that all of the moneys recovered by
the department, less collection expenses, be paid to the
municipality that initiated the charges when a person charged
with a violation as provided in subsection (2)  { - (a) or
(b) - }  of this section agrees to the entry of an assessment of
civil penalty or does not ask for a hearing, and an order
assessing a penalty is entered against the person;
  (c) A program to provide a division of the moneys recovered by
the department with the municipality that initiated the charges,
when a person charged with a violation as provided in subsection
(2)  { - (a) or (b) - }  of this section requests a hearing and
is assessed a penalty. One-half of the amounts recovered shall be
paid to the municipality. The department shall keep an amount
equal to its costs of processing the proceeding and collection
expenses out of the remaining one-half and remit the balance, if
any, to the municipality; and
  (d) A program   { - for contracting with municipalities that
allows - }  { +  to require + } municipalities to investigate
violations of the department's permit requirements for plumbing
installations and services under the plumbing specialty code and
for plumbing and electrical installations and services under the
One and Two Family Dwelling Code, and to:
  (A) Initiate notices of proposed assessment of civil penalties
as agents of the boards designated in subsection (2) of this
section; and
  (B) Pay the agents of the boards out of net civil penalty
recoveries as if the recoveries were under paragraphs (b) and (c)
of this subsection.
  (4)(a) It shall be a defense for any person charged with a
penalty for violation of a building inspection program permit
requirement covering plumbing installations under the plumbing
specialty code, electrical permit requirements under ORS 479.550
or plumbing or electrical requirements under the One and Two
Family Dwelling Code that the person was previously penalized for
the same occurrence.
  (b) A building inspection program permit requirement is a
requirement contained in a specialty code or municipal ordinance
or rule requiring a permit before the particular installations
covered by the codes are commenced.
  (c) A penalty for the same occurrence includes a combination of
two or more of the following that are based on the same plumbing
or electrical installation:
  (A)(i) An investigative or other fee added to an electrical
permit fee when a permit was obtained after the electrical
installation was started;
  (ii) A civil penalty pursuant to ORS 479.830 for violation of
ORS 479.550 for failure to obtain an electrical permit;
  (iii) A civil penalty pursuant to ORS 455.895 for failure to
obtain an electrical permit under the One and Two Family Dwelling
Code; or
  (iv) A municipal penalty, other than an investigative fee, for
making an electrical installation under the electrical specialty
code or the One and Two Family Dwelling Code without a permit; or
  (B)(i) An investigative or other fee added to a plumbing permit
fee when a permit was obtained after the plumbing installation
was started;
  (ii) A civil penalty pursuant to ORS 447.160 for failure to
obtain a plumbing permit as required under the plumbing specialty
code;
  (iii) A civil penalty pursuant to ORS 455.895 for failure to
obtain a plumbing permit under the One and Two Family Dwelling
Code; or
  (iv) A municipal penalty, other than an investigative fee, for
making a plumbing installation under the plumbing specialty code
or the One and Two Family Dwelling Code without a permit.
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