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 2139
 
                           A-Engrossed
 
                         House Bill 2660
                   Ordered by the House May 2
             Including House Amendments dated May 2
 
Sponsored by Representative HANSEN; Representatives DEVLIN,
  GARDNER, HOPSON, MORRISETTE (at the request of Plumbing,
  Heating, and Cooling Contractors)
 
 
                             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.
 
  Defines fee adopted by ordinance or regulation for
administration and enforcement of specialty code or codes for
which municipality has assumed responsibility as reasonable if
fee
  { - is substantially similar to fees charged by other
municipalities in same geographic area or region - }  { +  meets
specified criteria + }.
 
                        A BILL FOR AN ACT
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.
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