71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3613
LC 3877/HB 3613-2
HOUSE AMENDMENTS TO
HOUSE BILL 3613
By COMMITTEE ON GOVERNMENT EFFICIENCY
May 14
On page 1 of the printed bill, line 2, after 'ORS' insert '
421.645, 447.233,'.
Delete line 3 and insert '455.156, 455.160, 455.190, 455.210,
455.220, 455.380, 455.447, 455.467, 455.469, 455.475, 479.530,
479.760, 479.845, 479.853 and 479.855.'.
Delete lines 5 through 30 and delete pages 2 through 9 and
insert:
' { + SECTION 1. + } { + (1)(a) A municipality that assumes
the administration and enforcement of a building inspection
program on or after the effective date of this 2001 Act must
administer and enforce the program for all of the following:
' (A) The state building code, as defined in ORS 455.010,
except as set forth in paragraph (b) of this subsection;
' (B) Manufactured structure installation requirements under
ORS 446.155, 446.185 (1) and 446.230;
' (C) Manufactured dwelling parks and mobile home parks under
ORS chapter 446;
' (D) Park and camp programs regulated under ORS 455.680;
' (E) Tourist facilities regulated under ORS 446.310 to
446.350;
' (F) Manufactured dwelling alterations regulated under ORS
446.155; and
' (G) Manufactured structure accessory buildings and structures
under ORS 446.253.
' (b) A building inspection program of a municipality may not
include:
' (A) Boiler and pressure vessel programs under ORS 480.510 to
480.665;
' (B) Elevator programs under ORS 460.005 to 460.175;
' (C) Amusement ride regulation under ORS 460.310 to 460.410;
' (D) Prefabricated structure regulation under ORS chapter 455;
' (E) Manufacture of manufactured structures programs under ORS
446.155 to 446.285, including the administration and enforcement
of federal manufactured dwelling construction and safety
standards adopted under ORS 446.155 or the National Manufactured
Housing Construction and Safety Standards Act of 1974;
' (F) Licensing and certification, or the adoption of statewide
codes and standards, under ORS chapter 446, 447, 455, 479 or 693;
and
' (G) Review of plans and specifications as provided in ORS
455.685.
' (2) A municipality that administers a building inspection
program as allowed under this section shall do so for periods of
four years. The Department of Consumer and Business Services
shall adopt rules to adjust time periods for administration of a
building inspection program to allow for variations in the needs
of the department and participants.
' (3) When a municipality administers a building inspection
program, the governing body of the municipality shall, unless
other means are already provided, appoint a person to administer
and enforce the building inspection program, who shall be known
as the building official. A building official shall, in the
municipality for which appointed, attend to all aspects of code
enforcement, including the issuance of all building permits. Two
or more municipalities may combine in the appointment of a single
building official for the purpose of administering a building
inspection program within their communities.
' (4)(a) By January 1 of the year preceding the expiration of
the four-year period described in subsection (2) of this section,
the governing body of the municipality shall notify the Director
of the Department of Consumer and Business Services and, if not a
county, notify the county whether the municipality will continue
to administer and enforce the building inspection program after
expiration of the four-year period. If parts of a building
inspection program are to be administered and enforced by a
municipality, the parts shall correspond to a classification
designated by the director as reasonable divisions of work.
' (b) Notwithstanding the January 1 date set forth in paragraph
(a) of this subsection, the director and the municipality and, if
the municipality is not a county, the county may by agreement
extend that date to no later than March 1.
' (5) If a city does not notify the director, or notifies the
director that it will not administer the building inspection
program, the county or counties in which the city is located
shall administer and enforce the county program within the city
in the same manner as the program is administered and enforced
outside the city, except as provided by subsection (6) of this
section.
' (6) If a county does not notify the director, or notifies the
director that it will not administer and enforce a building
inspection program, the director shall contract with a
municipality or other person or use such state employees or state
agencies as are necessary to administer and enforce a building
inspection program, and permit or other fees arising therefrom
shall be paid into the Consumer and Business Services Fund
created by ORS 705.145 and credited to the account responsible
for paying the expenses thereof. A state employee may not be
displaced as a result of using contract personnel.
' (7) The governing body of a municipality may commence
responsibility for the administration and enforcement of a
building inspection program beginning July 1 of any year by
notifying the director and obtaining the director's approval of
an assumption plan as described in subsection (11)(c) of this
section.
' (8) The department shall adopt rules to require the governing
body of each municipality assuming or continuing a building
inspection program under this section to submit a written plan
with the notice required under subsection (4) or (7) of this
section. If the department is the governing body, the department
shall have a plan on file. The plan shall specify how cooperation
with the State Fire Marshal or a designee of the State Fire
Marshal will be achieved and how a uniform fire code will be
considered in the review process of the design and construction
phases of buildings or structures.
' (9) A municipality that administers and enforces a building
inspection plan pursuant to this section shall recognize and
accept the performances of state building code activities by
businesses and persons authorized under ORS 455.457 to perform
the activities as if the activities were performed by the
municipality. A municipality is not required to accept an
inspection, a plan or a plan review that does not meet the
requirements of the state building code.
' (10) The department or a municipality that accepts an
inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for
the activities of the licensee.
' (11) In addition to the requirements of ORS 455.100 and
455.110, the director shall regulate building inspection programs
that municipalities assume on or after the effective date of this
2001 Act. Regulation under this subsection shall include but not
be limited to:
' (a) Creating building inspection program application and
amendment requirements and procedures;
' (b) Granting or denying applications for building inspection
program authority and amendments;
' (c) Requiring a municipality assuming a building inspection
program to submit with the notice given under subsection (7) of
this section an assumption plan that includes, at a minimum:
' (A) A description of the intended availability of program
services, including proposed service agreements for carrying out
the program during at least the first two years;
' (B) Demonstration of the ability and intent to provide
building inspection program services for at least two years;
' (C) An estimate of proposed permit revenue and program
operating expenses;
' (D) Proposed staffing levels; and
' (E) Proposed service levels;
' (d) Reviewing procedures and program operations of
municipalities;
' (e) Creating standards for efficient, effective, timely and
acceptable building inspection programs;
' (f) Creating standards for justifying increases in building
inspection program fees adopted by a municipality;
' (g) Creating standards for determining whether a county or
department building inspection program is economically impaired
in its ability to reasonably continue providing the program
throughout a county, if another municipality is allowed to
provide a building inspection program within the same county; and
' (h) Enforcing the requirements of this section.
' (12) The department may assume temporary administration of a
building inspection program:
' (a) During the pendency of activities under ORS 455.770;
' (b) If a municipality abandons or is no longer able to
administer the building inspection program; and
' (c) If a municipality fails to substantially comply with any
provision of this section or of ORS 455.465, 455.467 and 455.469.
' (13) A municipality that abandons or otherwise ceases to
administer a building inspection program that the municipality
assumed under this section may not resume the administration or
enforcement of the program for at least two years. Prior to
resuming the administration and enforcement of the program, the
municipality must follow the notification procedure set forth in
subsection (7) of this section. + }
' { + SECTION 2. + } { + (1) A municipality, 10 or more
persons or an association with 10 or more members may file
objections to a municipality's assumption of a building
inspection program. The objections must be filed within 30 days
after the Director of the Department of Consumer and Business
Services gives notice of the application.
' (2) The director, by rule, shall establish a process for
reviewing objections filed under subsection (1) of this section.
The review process shall include but need not be limited to:
' (a) Identification of economic impairment, if any, affecting
the municipality;
' (b) Demonstration by the municipality that all building
inspection program permits and services will be available,
including any service agreements for carrying out building
program services;
' (c) Review of all elements of the business plan submitted by
the municipality;
' (d) Demonstration by the municipality of the ability to
provide building inspection program services for at least two
years; and
' (e) Review of proposed levels of service, including the
municipality's ability to maintain or improve upon existing
service levels.
' (3) Upon completion of a review under subsection (2) of this
section, the director shall issue a final agency order approving
or disapproving the application. + }
' { + SECTION 3. + } ORS 455.150 is amended to read:
' 455.150. (1) A municipality { + that assumes the
administration and enforcement of a building inspection program
prior to the effective date of this 2001 Act + } may administer
{ + and enforce + } all or part of a building inspection
program. A building inspection program:
' (a) Is a program that includes:
' (A) The state building code { + , + } as defined in ORS
455.010, except as set forth in paragraph (b) of this subsection;
' (B) Manufactured structure installation requirements under
ORS 446.155, 446.185 (1) and 446.230;
' (C) Manufactured dwelling parks and mobile home parks under
ORS chapter 446;
' (D) Park and camp programs regulated under ORS 455.680;
' (E) Tourist facilities regulated under ORS 446.310 to
446.350;
' (F) Manufactured dwelling alterations regulated under ORS
446.155; and
' (G) Manufactured structure accessory buildings and structures
under ORS 446.253.
' (b) Is not a program that includes:
' (A) Boiler and pressure vessel programs under ORS 480.510 to
480.665;
' (B) Elevator programs under ORS 460.005 to 460.175;
' (C) Amusement ride regulation under ORS 460.310 to 460.410;
' (D) Prefabricated structure regulation under ORS chapter 455;
' (E) Manufacture of manufactured structures programs under ORS
446.155 to 446.285, including the administration and enforcement
of federal manufactured dwelling construction and safety
standards adopted under ORS 446.155 or the National Manufactured
Housing Construction and Safety Standards Act of 1974;
' (F) Licensing and certification { + , + } { - and - }
{ + or the + } adoption of statewide codes and
standards { + , + } under ORS chapter 446, 447, 455, 479 or 693;
and
' (G) Review of plans and specifications as provided in ORS
455.685.
' (2) A municipality that administers a building inspection
program as allowed under this section shall do so for periods of
four years. The Department of Consumer and Business Services
shall adopt rules to adjust time periods for administration of a
building inspection program to allow for variations in the needs
of the department and participants.
' (3) When a municipality administers a building inspection
program, the governing body of the municipality shall, unless
other means are already provided, appoint a person to administer
and enforce the building inspection program or parts thereof, who
shall be known as the building official. A building official
shall, in the municipality for which appointed, attend to all
aspects of code enforcement, including the issuance of all
building permits. Two or more municipalities may combine in the
appointment of a single building official for the purpose of
administering a building inspection program within their
communities.
' (4)(a) By January 1 of the { - first year of each period of
administration as provided - } { + year preceding the
expiration of the four-year period described + }in subsection
(2) of this section, the governing body of { - each - } { +
the + } municipality shall notify the Director of the Department
of Consumer and Business Services and { + , + } if not a county,
notify the county { - of - } { + whether the municipality
will continue to administer the building inspection program, or
parts thereof, after expiration of the four-year period. + }
{ - the building inspection program or parts thereof that it
will administer and enforce beginning July 1 of that year. - }
If parts of a building inspection program are to be administered
and enforced by a municipality, the parts shall correspond to a
classification designated by the director as reasonable divisions
of work.
' (b) Notwithstanding the January 1 date set forth in paragraph
(a) of this subsection, the director and the municipality and, if
the municipality is not a county, the county may by agreement
extend that date to no later than March 1.
' (5) If a city does not notify the director, or notifies the
director that it will not administer certain specialty codes or
parts thereof { + under the building inspection program + }, the
county or counties in which the city is located shall administer
and enforce those codes or parts thereof within the city in the
same manner as it administers and enforces them outside the city,
except as provided by subsection (6) of this section.
' (6) If a county does not notify the director, or notifies the
director that it will not administer and enforce certain
specialty codes or parts thereof { + under the building
inspection program + }, the director shall contract with a
municipality or other person or use such state employees or state
agencies as are necessary to administer and enforce those codes
or parts thereof, and permit or other fees arising therefrom
shall be paid into the Consumer and Business Services Fund
created by ORS 705.145 and credited to the account responsible
for paying such expenses. { - No - } { + A + } state employee
{ - shall - } { + may not + } be displaced as a result of
using contract personnel.
' (7) The governing body of a municipality may { - change
its - } { + commence + }building code administration and
enforcement responsibility beginning July 1 of any year by
notifying the director by January 1 { + . + } { - of such year
of the change to be made. Upon such change, responsibility shall
be fixed as provided by subsections (5) and (6) of this
section. - }
' (8) The department { - of Consumer and Business
Services - } shall adopt rules to require the governing body of
each municipality to submit a written plan with the notice
required under subsection (4) of this section. If the department
is the governing body, the department shall have a plan on file.
The plan shall specify how cooperation with the State Fire
Marshal or a designee of the State Fire Marshal will be achieved
and how a uniform fire code will be considered in the review
process of the design and construction phases of buildings or
structures.
' (9) A municipality that administers a code for which persons
or businesses are authorized under ORS 455.457 to perform
activities shall recognize and accept those activities as if
performed by the municipality. A municipality is not required to
accept an inspection, a plan or a plan review that does not meet
the requirements of the state building code.
' (10) The department or a municipality that accepts an
inspection or plan review as required by this section by a person
licensed under ORS 455.457 { - shall have - } { + has + } no
responsibility or liability for the activities of the licensee.
' (11) In addition to the requirements of ORS 455.100 and
455.110, the director { - of the Department of Consumer and
Business Services - } shall regulate building inspection
programs of municipalities { + assumed prior to the effective
date of this 2001 Act + }. Regulation { + under this
subsection + } shall include but not be limited to:
' (a) Creating building inspection program application and
amendment requirements and procedures;
' (b) Granting or denying applications for building inspection
program authority and amendments;
' { + (c) Requiring a municipality assuming a building
inspection program to submit with the notice given under
subsection (7) of this section an assumption plan that includes,
at a minimum:
' (A) A description of the intended availability of program
services, including proposed service agreements for carrying out
the program during at least the first two years;
' (B) Demonstration of the ability and intent to provide
building inspection program services for at least two years;
' (C) An estimate of proposed permit revenue and program
operating expenses;
' (D) Proposed staffing levels; and
' (E) Proposed service levels; + }
' { - (c) - } { + (d) + } Reviewing procedures and program
operations of municipalities;
' { - (d) - } { + (e) + } Creating standards for efficient,
effective { + , + } timely and acceptable building inspection
programs;
' { - (e) - } { + (f) + } Creating standards for justifying
increases in building inspection program fees adopted by a
municipality;
' { - (f) - } { + (g) + } Creating standards for determining
whether a county or department building inspection program is
economically impaired in its ability to reasonably continue
providing the program or part of the program throughout a county,
if another municipality is allowed to provide a building
inspection program or part of a program within the same county;
and
' { - (g) - } { + (h) + } Enforcing the requirements of this
section.
' (12) The department { - of Consumer and Business
Services - } may assume temporary administration of a building
inspection program:
' (a) During the pendency of activities under ORS 455.770;
' (b) If a municipality abandons any part of the building
inspection program or is no longer able to administer the
building inspection program; and
' (c) If a municipality fails to substantially comply with any
provision of this section or of ORS 455.465, 455.467 and 455.469.
' { + (13) A municipality that abandons or otherwise ceases
to administer a building inspection program described in this
section may not resume the administration of the program for at
least two years. Prior to resuming the administration and
enforcement of the program, the municipality must comply with
section 1 of this 2001 Act. If a municipality abandons or ceases
part of a building inspection program described in this section,
but continues to administer part of the program, upon resumption
of administration of the abandoned part of the program, the
municipality continues to be subject to this section rather than
section 1 of this 2001 Act. + }
' { + SECTION 4. + } ORS 421.645 is amended to read:
' 421.645. (1) Notwithstanding ORS 195.025, 197.175, 197.180,
215.130 (4), 227.286 or 455.150 { + or section 1 of this 2001
Act + } or any other provision of law, including but not limited
to statutes, ordinances, regulations and charter provisions, the
Director of the Department of Consumer and Business Services,
through the Building Codes Division, shall exercise authority for
the issuance of all permits required under the state building
code for the construction and operation of the women's
correctional facility and intake center complex approved under
ORS 421.643.
' (2) All other state agencies, including but not limited to
the Department of Environmental Quality, shall issue such permits
within the authority of the agency as may be necessary for the
construction and operation of the complex.
' (3) Within the authority of the city, county or political
subdivision, each city, county and political subdivision shall
issue the appropriate permits, licenses and certificates not
issued under subsections (1) and (2) of this section, including
all necessary construction permits over public rights of way, and
enter into any intergovernmental agreements as may be necessary
for the construction and operation of the complex.
' (4) A state agency or local government that issues a permit,
license or certificate under subsections (1) to (7) of this
section shall continue to exercise enforcement authority over the
permit, license or certificate.
' (5) Except as provided in ORS 421.649, nothing in ORS 421.635
to 421.657 expands or otherwise alters the obligations of a city,
county or political subdivision to pay for infrastructure
improvements for the complex.
' (6)(a) State agencies and local governments shall issue any
permit, license or certificate required under subsections (1) to
(3) of this section within 60 days of receiving a completed
application for the permit, license or certificate from the
Department of Corrections or a person acting on behalf of the
department. A state agency or local government may impose
reasonable conditions on any permit, license or certificate but
may not deny the permit, license or certificate unless denial is
required under federal law.
' (b) If a permit, license or certificate required under
subsections (1) to (7) of this section is not issued within 60
days of receiving a completed application, the Department of
Corrections may file a petition for a writ of mandamus in the
circuit court for the jurisdiction of the affected local
government to compel issuance of the permit, license or
certificate. The writ shall issue unless the local government can
demonstrate by clear and convincing evidence that issuing the
permit, license or certificate would violate a substantive
provision of the state building code, exceed the local
government's statutory authority or violate federal law.
' (c) Proceedings on a petition for a writ of mandamus under
this subsection shall comply with the applicable provisions of
ORS chapter 34.
' (7) The issuance of any permit, license or certificate under
subsections (1) to (7) of this section and any construction or
development undertaken pursuant to such permit, license or
certificate shall not be considered in support of or in
opposition to an application for a land use decision under ORS
chapter 197, 215 or 227.
' (8) In accordance with the applicable provisions of ORS
183.310 to 183.550 and notwithstanding ORS 455.035, the Director
of the Department of Consumer and Business Services shall adopt
such rules as the director determines necessary to implement the
provisions of subsections (1) to (7) of this section.
' { + SECTION 5. + } ORS 447.233 is amended to read:
' 447.233. (1) The Director of the Department of Consumer and
Business Services shall include in the state building code, as
defined in ORS 455.010, a requirement that the number of
accessible parking spaces specified in subsection (2) of this
section be provided for affected buildings subject to the state
building code and that the spaces be signed as required by
subsection (2) of this section. Spaces may also be marked in a
manner specified in the state building code.
' (2)(a) The number of accessible parking spaces shall be:
' _______________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Required
Total Parking Minimum Number
In Lot of Accessible Spaces
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
501 t1,000 2 percent of total
1,001 anover 20 plus 1 for each
100 over 1,000
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
' _______________________________________________________________
' (b) In addition, one in every eight accessible spaces, but
not less than one, shall be van accessible. A van accessible
parking space shall be at least nine feet wide and shall have an
adjacent access aisle that is at least eight feet wide.
' (c) Accessible parking spaces shall be at least nine feet
wide and shall have an adjacent access aisle that is at least six
feet wide.
' (d) The access aisle shall be located on the passenger side
of the parking space except that two adjacent accessible parking
spaces may share a common access aisle.
' (e) A sign shall be posted for each accessible parking
space. The sign shall be clearly visible to a person parking in
the space, shall be marked with the International Symbol of
Access and shall indicate that the spaces are reserved for
persons with disabled person parking permits. Van accessible
parking spaces shall have an additional sign marked 'Van
Accessible' mounted below the sign.
' (f) Accessible parking spaces and signs shall be designed in
compliance with the standards set forth by the Oregon
Transportation Commission in consultation with the Oregon
Disabilities Commission.
' (3) No ramp or obstacle may extend into the parking space or
the aisle, and curb cuts and ramps may not be situated in such a
way that they could be blocked by a legally parked vehicle.
' (4) Parking spaces required by this section shall be
maintained so as to meet the requirements of this section at all
times and to meet the standards established by the state building
code.
' (5) The director is authorized to inspect parking spaces and
facilities and buildings subject to the provisions of this
section, and to do whatever is necessary to enforce the
requirements, including the maintenance requirements, of this
section. Municipalities and counties may administer and enforce
the requirements of this section in the manner provided under ORS
455.150 { + or section 1 of this 2001 Act + } for administration
and enforcement of specialty codes. All plans for parking spaces
subject to the provisions of this section must be approved by the
director prior to the creation of the spaces.
' (6) Requirements adopted under this section { - shall - }
{ + do + } not apply to long-term parking facilities at the
Portland International Airport.
' (7) Any reported violation of this section shall be
investigated by the administrative authority. The administrative
authority shall make a final decision and order correction, if
necessary, within 30 days of notification. Any aggrieved person
may appeal within 30 days of the decision by the administrative
authority to the appropriate municipal appeals board or, at the
option of the local jurisdiction, directly to the Building Codes
Structures Board established under ORS 455.132. The appeal shall
be acted upon within 60 days of filing. The decision of the
municipal appeals board may be appealed to the board. The board
shall act on the appeal within 60 days of filing. All appeals to
the board shall be filed in accordance with ORS 455.690.
' { + SECTION 6. + } 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 { + or building inspection program under section 1 of
this 2001 Act + } 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.
' (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
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.
' { + SECTION 7. + } ORS 455.160 is amended to read:
' 455.160. (1) The municipality that is responsible for state
building code administration and enforcement in a municipality
pursuant to ORS 455.150 { + or section 1 of this 2001 Act + },
or the Department of Consumer and Business Services if the
department is responsible for state building code administration
and enforcement pursuant to ORS 455.150 { + or section 1 of this
2001 Act + }, { - shall - } { + may + } not engage in a
pattern of conduct of failing to provide timely inspections or
plan reviews without reasonable cause.
' (2) Any person adversely affected by a pattern of conduct
prohibited in subsection (1) of this section may serve the
municipality or the department with a written demand to provide
timely inspections or plan reviews.
' (3) If a municipality, within five days of receipt of the
demand, fails to provide timely inspections or plan reviews
without reasonable cause, the person who served the demand may
seek to compel the inspections or plan reviews through a writ of
mandamus pursuant to ORS 34.105 to 34.240. If the court finds
that the municipality has engaged in a pattern of conduct of
failing to provide timely inspections or plan reviews without
reasonable cause, it may direct the municipality to provide
timely inspections or plan reviews or to transfer the
administration and enforcement of the code in question under
procedures outlined in ORS 455.150 (5) and (6) { + or section 1
(5) and (6) of this 2001 Act + }.
' (4) If the department, within five days of receipt of the
demand, fails to provide timely inspections or plan reviews
without reasonable cause, the person who served the demand may
seek to compel the inspections or plan reviews through a writ of
mandamus pursuant to ORS 34.105 to 34.240. If the court finds
that the department has engaged in a pattern of conduct of
failing to provide timely inspections or plan reviews without
reasonable cause, it may direct the department to provide timely
inspections or plan reviews or to transfer the administration and
enforcement of the code in question to an appropriate
municipality, if the municipality accepts the responsibility.
{ + A municipality may accept the transfer of the administration
and enforcement of a code under this subsection without becoming
subject to section 1 of this 2001 Act as a result of accepting
the transfer. + }
' { + SECTION 8. + } ORS 455.190 is amended to read:
' 455.190. (1)(a) Under ORS 183.325 to 183.410, notwithstanding
any other laws or rules to the contrary, the Department of
Consumer and Business Services, with the concurrence of the
appropriate board, shall establish:
' (A) Qualifications and standards for special alternative
inspection programs for commercial or industrial installations
for other than new construction; and
' (B) Delegation of special alternative inspection programs
except as provided in subsections (3) and (5) of this section.
' (b) Special alternative inspection programs established under
this section apply to inspections under the structural,
mechanical and plumbing specialty codes. For an installation
under a structural, mechanical or plumbing master permit in
commercial, industrial and government buildings, new construction
does not include maintenance and repair work, interior tenant
remodeling projects, accessibility upgrades or changes of
occupancy, provided the local building official determines a new
or proposed use is no more hazardous than the existing use and
any proposed alterations may be satisfactorily reviewed and
inspected under a master permit program.
' (2) For purposes of this section, special alternative
inspection programs include:
' (a) A program of random inspections of minor installations;
and
' (b) A master permit program under which installations are
periodically inspected.
' (3) A municipality authorized under ORS 455.150 { + or
section 1 of this 2001 Act + } to administer a building
inspection program that employs a person licensed as an engineer
and certified to perform structural plan reviews may make
application to the department to establish a structural or
mechanical master permit program. The department may authorize
the municipality to administer and enforce the provisions of this
section if it finds that the municipality provides inspections
carried out under master permit programs and can comply with
minimum standards and meet the qualifications adopted under
subsection (1) of this section for inspections, permit
applications and other matters to ensure adequate administration
and enforcement of the structural, mechanical or plumbing special
alternative inspection programs.
' (4) Notwithstanding the provisions of ORS 455.160, a
municipality that is authorized to administer and enforce a
special alternative inspection program may, in exercising that
authority, waive plan review and related fees of an installation
carried out under structural, mechanical, plumbing and electrical
master permits.
' (5) Any municipality that provides plumbing inspections under
the plumbing specialty code shall provide a program of random
inspection of minor installations and a master permit program. If
the municipality does not elect to provide a plumbing master
permit program as provided in subsection (1) of this section, the
municipality shall, on request of the owner, operating manager or
plumbing contractor of a commercial or industrial facility that
would otherwise qualify for a master permit program, issue a
master individual inspection permit, provide plumbing inspection
before any installation is covered or placed into service and
charge for the inspection at the municipality's hourly plumbing
inspection rate under the plumbing specialty code.
' { + SECTION 9. + } 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 - } { + may + } 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 - } { + are + } 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 { + or section 1 of this 2001 Act + }.
' (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 - } { + is + } not { - be - } effective. The
appeal process provided in this paragraph
{ - shall - } { + does + } 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 { + or section 1 of
this 2001 Act + }.
' (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.
' { + SECTION 10. + } 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 { - , - } { + and + }
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) { + or section 1 (6)
of this 2001 Act + }, 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.
' (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 11. + } ORS 455.380 is amended to read:
' 455.380. (1) Notwithstanding the provisions of ORS 455.150
{ + and section 1 of this 2001 Act + }, the Department of
Consumer and Business Services is the final authority in
interpretation, execution and enforcement of state and municipal
administration of building codes and rules with respect to
construction of seasonal farmworker housing as defined in ORS
197.675.
' (2) The department shall provide for a statewide uniform
application and method of calculating permit fees for seasonal
farmworker housing as defined in ORS 197.675.
' (3) The department shall adopt rules to carry out the
provisions of subsections (1) and (2) of this section.
{ - Rules relating to subsection (2) of this section shall be
adopted on or before December 31, 1989. - }
' { + SECTION 12. + } ORS 455.447 is amended to read:
' 455.447. (1) As used in this section, unless the context
requires otherwise:
' (a) 'Essential facility' means:
' (A) Hospitals and other medical facilities having surgery and
emergency treatment areas;
' (B) Fire and police stations;
' (C) Tanks or other structures containing, housing or
supporting water or fire-suppression materials or equipment
required for the protection of essential or hazardous facilities
or special occupancy structures;
' (D) Emergency vehicle shelters and garages;
' (E) Structures and equipment in emergency-preparedness
centers;
' (F) Standby power generating equipment for essential
facilities; and
' (G) Structures and equipment in government communication
centers and other facilities required for emergency response.
' (b) 'Hazardous facility' means structures housing, supporting
or containing sufficient quantities of toxic or explosive
substances to be of danger to the safety of the public if
released.
' (c) 'Major structure' means a building over six stories in
height with an aggregate floor area of 60,000 square feet or
more, every building over 10 stories in height and parking
structures as determined by Department of Consumer and Business
Services rule.
' (d) 'Seismic hazard' means a geologic condition that is a
potential danger to life and property { - which - } { +
that + } includes but is not limited to earthquake, landslide,
liquefaction, tsunami inundation, fault displacement, and
subsidence.
' (e) 'Special occupancy structure' means:
' (A) Covered structures whose primary occupancy is public
assembly with a capacity greater than 300 persons;
' (B) Buildings with a capacity greater than 250 individuals
for every public, private or parochial school through secondary
level or child care centers;
' (C) Buildings for colleges or adult education schools with a
capacity greater than 500 persons;
' (D) Medical facilities with 50 or more resident,
incapacitated patients not included in subparagraphs (A) to (C)
of this paragraph;
' (E) Jails and detention facilities; and
' (F) All structures and occupancies with a capacity greater
than 5,000 persons.
' (2) The Department of Consumer and Business Services shall
consult with the Seismic Safety Policy Advisory Commission and
the State Department of Geology and Mineral Industries prior to
adopting rules. Thereafter, the Department of Consumer and
Business Services may adopt rules as set forth in ORS 183.325 to
183.410 to amend the state building code to:
' (a) Require new building sites for essential facilities,
hazardous facilities, major structures and special occupancy
structures to be evaluated on a site specific basis for
vulnerability to seismic geologic hazards.
' (b) Require a program for the installation of strong motions
accelerographs in or near selected major buildings.
' (c) Provide for the review of geologic and engineering
reports for seismic design of new buildings of large size, high
occupancy or critical use.
' (d) Provide for filing of noninterpretive seismic data from
site evaluation in a manner accessible to the public.
' (3) For the purpose of defraying the cost of applying the
regulations in subsection (2) of this section, there is hereby
imposed a surcharge in the amount of one percent of the total
fees collected under the structural and mechanical specialty
codes for essential facilities, hazardous facilities, major
structures and special occupancy structures, which fees shall be
retained by the jurisdiction enforcing the particular specialty
code as provided in ORS 455.150 { + or enforcing a building
inspection program under section 1 of this 2001 Act + }.
' (4) Developers of new essential facilities, hazardous
facilities and major structures described in subsection
(1)(a)(E), (b) and (c) of this section and new special occupancy
structures described in subsection (1)(e)(A), (D) and (F) of this
section that are located in an identified tsunami inundation zone
shall consult with the State Department of Geology and Mineral
Industries for assistance in determining the impact of possible
tsunamis on the proposed development and for assistance in
preparing methods to mitigate risk at the site of a potential
tsunami. Consultation shall take place prior to submittal of
design plans to the building official for final approval.
' { + SECTION 13. + } ORS 455.467 is amended to read:
' 455.467. (1) Except as provided in subsection (2) of this
section, for specialty code plan reviews of simple one and two
family dwellings, the Department of Consumer and Business
Services or a municipality that administers a building inspection
program under ORS 455.150 { + or section 1 of this 2001 Act + }
shall approve or disapprove the specialty code building plan:
' (a) For a jurisdiction with a population that is less than
300,000, within 10 business days of receiving a complete
application, or shall implement the process described in ORS
455.465.
' (b) For a jurisdiction with a population that is 300,000 or
more, within 15 business days of receiving a complete
application, or shall implement the process described in ORS
455.465.
' (2) The 10-day and 15-day requirements in subsection (1) of
this section do not apply if:
' (a) The plan requires approval by federal, state or local
agencies outside the jurisdiction of the issuing agency;
' (b) The plan is for a complex structure that requires
additional review as determined by the department or
municipality; or
' (c) Based on conditions that exist in the affected
municipality, the Director of the Department of Consumer and
Business Services authorizes a different plan review schedule as
described in a building inspection program submitted under ORS
455.150 { + or section 1 of this 2001 Act + }.
' (3) For specialty code plan reviews of commercial structures,
a municipality shall include in its building inspection program
submitted under ORS 455.150 { + or section 1 of this 2001
Act + } a process for plan review services. The municipality
shall include in its program detailed reasons supporting the
proposed plan review process.
' (4) A municipality that repeatedly fails to meet the plan
review period described in this section or otherwise authorized
in its building inspection program submitted under ORS 455.150
{ + or section 1 of this 2001 Act + }shall be considered to be
engaging in a pattern of conduct of failing to provide timely
plan reviews under ORS 455.160.
' { + SECTION 14. + } ORS 455.469 is amended to read:
' 455.469. A municipality shall add to and make a part of its
building inspection program under ORS 455.150 { + or section 1
of this 2001 Act + } the policies and ordinances adopted by the
municipality to implement ORS 455.465 and 455.467.
' { + SECTION 15. + } ORS 455.475 is amended to read:
' 455.475. A person aggrieved by a decision made by a building
official under authority established pursuant to ORS 455.150 or
455.467 { + or section 1 of this 2001 Act + } may appeal the
decision. The following apply to an appeal under this section:
' (1) An appeal under this section shall be made first to the
appropriate specialty code chief inspector of the Department of
Consumer and Business Services. The decision of the department
chief inspector may be appealed to the appropriate advisory
board. The decision of the advisory board may only be appealed
to the Director of the Department of Consumer and Business
Services if codes in addition to the applicable specialty code
are at issue.
' (2) If the appropriate advisory board determines that a
decision by the department chief inspector is a major code
interpretation, then the inspector shall distribute the decision
in writing to all applicable specialty code public and private
inspection authorities in the state. The decision shall be
distributed within 60 days after the board's determination, and
there shall be no charge for the distribution of the decision. As
used in this subsection, a 'major code interpretation' means a
code interpretation decision that affects or may affect more than
one job site or more than one inspection jurisdiction.
' (3) If an appeal is made under this section, an inspection
authority shall extend the plan review deadline by the number of
days it takes for a final decision to be issued for the appeal.
' { + SECTION 16. + } ORS 479.530 is amended to read:
' 479.530. As used in ORS 479.510 to 479.945, unless the
context requires otherwise:
' (1) 'Approved testing laboratory' means a testing laboratory
that meets criteria for electrical product evaluation established
by the Director of the Department of Consumer and Business
Services with the approval of the board under ORS 479.730.
' (2) 'Board' means the Electrical and Elevator Board
established under ORS 455.138.
' (3) 'Certified electrical product' means an electrical
product that is certified under ORS 479.760 and that is not
decertified.
' (4) 'Competent inspection service' means an electrical
inspection service of a city or county administered under ORS
455.150 { + or section 1 of this 2001 Act + } that employs
electrical inspectors who are certified to meet standards under
ORS 479.810.
' (5) 'Commercial electrical air conditioning equipment ' means
heating, cooling, refrigeration, dehumidifying, humidifying and
filtering equipment used for climatizing or moving of air if used
in commerce, industry or government and if installed in a place
not accessible to the general public other than the switches
regulating the operation of the equipment.
' (6) 'Department' means the Department of Consumer and
Business Services.
' (7) 'Director' means the Director of the Department of
Consumer and Business Services.
' (8) 'Dwelling unit' means one or more rooms for the use of
one or more persons as a housekeeping unit with space for eating,
living and sleeping and permanent provisions for cooking and
sanitation.
' (9) 'Electrical installations' means the construction or
installation of electrical wiring and the permanent attachment or
installation of electrical products in or on any structure that
is not itself an electrical product. 'Electrical installation'
also means the maintenance or repair of installed electrical
wiring and permanently attached electrical products. 'Electrical
installation' does not include an oil module.
' (10) 'Electrical product' means any electrical equipment,
appliance, material, device or apparatus to convey or be operated
by electrical current.
' (11) 'Equipment' means any material, fittings, devices,
appliances, fixtures, apparatus or the like that are used as part
of or in connection with an electrical installation.
' (12) 'Field evaluation firm' means an independent
organization that provides:
' (a) Evaluations or testing, or both; and
' (b) Documentation regarding compliance with electrical
product safety standards and with the electrical installation
safety code.
' (13) 'Industrial electrical equipment' means electrical
products used in industry or government that utilizes electric
energy for mechanical, chemical, heating, lighting or similar
purposes, that is designed to service or produce a product and
that is used directly in the production of the service or
product. ' Industrial electrical equipment' does not include:
' (a) Wiring to be connected to industrial electrical products.
' (b) Any other electrical product that is not an original part
of industrial electrical equipment.
' (14) 'Installation label' means an adhesive tag issued by
governmental agencies that administer the Electrical Safety Law
to licensed electrical contractors for application to those minor
electrical installations for which the board by rule determines
to be appropriate for random inspections.
' (15) 'License' means an annual permit issued by the
department under ORS 479.630 authorizing the person whose name
appears as licensee thereon to act as an electrical contractor,
supervising electrician, journeyman electrician, apprentice
electrician or limited elevator journeyman as indicated thereon.
' (16) 'Minimum safety standards' means safety standards
prescribed by the department under ORS 479.730.
' (17) 'Multifamily dwelling' means a building containing more
than one dwelling unit.
' (18) 'Oil module' means a prefabricated structure
manufactured to the specifications of the purchaser and used
outside this state in the exploration for or processing or
extraction of petroleum products.
' (19) 'Permit' means an official document or card issued by
the enforcing agency to authorize performance of a specified
electrical installation.
' (20) 'Single family dwelling' means a building consisting
solely of one dwelling unit.
' (21) 'Uncertified product' means any electrical product that
is not an electrical product certified under ORS 479.760.
' { + SECTION 17. + } ORS 479.760 is amended to read:
' 479.760. (1) { - No - } { + An + } electrical product
{ - shall - } { + may not + } be certified unless it meets
minimum safety standards.
' (2) Any person may apply to have the Department of Consumer
and Business Services certify an electrical product. The
department shall certify an electrical product if it is shown to
meet minimum safety standards by one of the following methods:
' (a) To have an electrical product certified, a person may
submit a specimen, sample or prototype to the department within a
reasonable time before the date on which certification will be
required, together with a fee set by the department sufficient to
defray the cost of shipment and evaluation. The department shall
evaluate the electrical product to determine whether it meets
minimum safety standards. Not later than six months after receipt
of a specimen, prototype or sample the department shall complete
the required evaluation and give a decision certifying or
rejecting the product. The department may appoint a special
deputy or enter into an appropriate contract with a testing
laboratory approved by the Electrical and Elevator Board under
this section for the evaluation required under this paragraph.
' (b) To have an electrical product certified, a person may
submit satisfactory proof to the department that a specimen,
sample or prototype of the product requested to be certified has
been inspected by a testing laboratory approved by the Electrical
and Elevator Board under this section and the tests of the
laboratory show that the electrical product is safe within
minimum safety standards.
' (3) A city or county that administers and enforces the
electrical specialty code under ORS 455.150 { + or section 1 of
this 2001 Act + } shall provide for field inspections of
industrial electrical equipment identified by rule by the
Director of the Department of Consumer and Business Services.
Inspections shall be performed by an electrical specialty code
inspector certified by the director, an evaluation firm approved
by the director or an electrical specialty code inspector under
contract to the state, city or county. Subject to ORS 479.845, a
city or county that administers a program for field inspections
under this subsection may recover the costs associated with the
inspection and any inspection report.
' (4) The director shall consider the following as positive
indicators of a product's safety:
' (a) Components listed by the Canadian Standards Association.
' (b) Electrical raceways not used for grounding purposes when
not subject to physical damage.
' (c) Pilot duty devices such as push buttons, limit switches,
relays or cord connectors that are used on control circuits
supplied by:
' (A) A Class 2 circuit;
' (B) An isolating source such that the maximum open circuit
voltage potential available to the circuit is not more than 30
volts AC or 42.5 volts DC; or
' (C) An isolating source such that the power available to the
circuit does not exceed 15 watts.
' (d) Unlisted conductors provided the owner, lessee, vendor,
manufacturer, installer or approved evaluation firm submits a
satisfactory high voltage potential test of the conductor
insulation.
' (e) Fuses and fuse holders manufactured according to the
National Electrical Manufacturers Association standard design and
listed by an approved electrical testing laboratory.
' (5) The Director of the Department of Consumer and Business
Services with the approval of the board shall establish standards
and procedures for the approval of testing laboratories to test
electrical products in the certification process under this
section. Those procedures shall provide for the approval of any
testing laboratory that meets those standards established for
conducting scientific safety tests of electrical products and
equipment.
' { + SECTION 18. + } ORS 479.845 is amended to read:
' 479.845. (1) A city or county administering and enforcing the
electrical specialty code under provisions of ORS 455.150
{ - shall - } { + or section 1 of this 2001 Act may + } not
enact or enforce any ordinance or rule fixing any permit fee for
electrical installations that is higher than is necessary to pay
for the costs of the city or county in administering and
enforcing the electrical specialty code.
' (2) Any persons, within 30 days of city or county adoption of
a fee increase, may appeal that increase 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 city or county costs of
administering and enforcing the electrical specialty code and
approve the increase if the director feels it is reasonable and
necessary. If the director does not approve the increase upon
appeal, the fee increase { - shall - } { + is + } not
{ - be - } effective.
' (3) Fees collected by a city or county for the enforcement or
administration of the electrical specialty code and rules under
ORS 479.730 (1) shall be used only for the enforcement and
administration of those laws.
' { + SECTION 19. + } ORS 479.853 is amended to read:
' 479.853. If any person is aggrieved by a decision made upon
inspection under authority of ORS 455.150 or 479.510 to 479.945
{ + or section 1 of this 2001 Act + } of an electrical product
or electrical inspection, the person may appeal the decision. The
following apply to an appeal under this section:
' (1) An appeal under this section shall be subject to ORS
183.310 to 183.550.
' (2) An appeal under this section shall be made first to the
chief electrical inspector of the Department of Consumer and
Business Services. The decision of the department chief inspector
may be appealed to the Electrical and Elevator Board. The
decision of the Electrical and Elevator Board may only be
appealed to the Director of the Department of Consumer and
Business Services if codes in addition to the electrical code are
at issue.
' (3) If the Electrical and Elevator Board determines that a
decision by the chief electrical inspector is a major code
interpretation, then the inspector shall distribute the decision
in writing to all public and private electrical inspection
authorities in the state. The decision shall be distributed
within 60 days after the board's determination, and there shall
be no charge for the distribution of the decision. As used in
this subsection, a 'major code interpretation' means a code
interpretation decision that affects or may affect more than one
job site or more than one inspection jurisdiction.
' (4) If an appeal is made under this section, an inspection
authority shall extend the electrical plan review deadline by the
number of days it takes for a final decision to be issued for the
appeal.
' (5) Unless the department determines that the electrical
product or electrical installation presents an immediate fire or
life safety hazard, a person may operate an electrical product or
electrical installation that is the subject of an appeal under
this section until the appeal process is complete. If the
department determines that an immediate fire or life safety
hazard exists and the product or installation may not be operated
during appeal, the department shall provide the person with a
written report detailing the problems found by the department. If
a determination is made under this subsection that products
described in ORS 479.540 (11) may not be operated during appeal,
that determination may be appealed immediately under the
procedure established in subsection (2) of this section without
first completing any appeal procedure established by a city or
county.
' { + SECTION 20. + } ORS 479.855 is amended to read:
' 479.855. (1) In addition to the provisions of ORS 455.010 to
455.310 and 455.410 to 455.740, any inspection and enforcement
program established by a city or county under ORS 455.150 { + or
section 1 of this 2001 Act + } is subject to the provisions of
this section. Where the provisions of this section conflict with
provisions under ORS 455.010 to 455.310 and 455.410 to 455.740,
the provisions of this section shall control.
' (2)(a) Except as otherwise provided in this section, any city
or county that wishes to establish a program under ORS 456.800 to
enforce and administer ORS 479.510 to 479.945, including a
program for inspection under a master permit pursuant to ORS
479.560 (3), must first make application to the Department of
Consumer and Business Services. The program for inspection under
a master permit shall be delegated separately from the general
electrical program authorization. The department may authorize
the city or county to administer and enforce the provisions of
this section and ORS 479.540 and 479.560 if it finds that the
city or county can comply with the minimum standards and meet the
qualifications for inspections, permit applications and other
matters to assure adequate administration and enforcement of
electrical inspection programs. The department may authorize the
city or county to administer and enforce ORS 479.510 to 479.945
if the department finds that the city or county:
' (A) Can comply with minimum standards adopted by the
Electrical and Elevator Board by rule for inspections, permit
applications and other matters to assure adequate administration
and enforcement of ORS 479.510 to 479.945.
' (B) Can conduct the electrical plan review, if required by
the city or county, in a timely manner and by qualified personnel
who meet the standards adopted by rule by the board.
' (b) The city or county must assume full responsibility
allowed under ORS 455.010 to 455.310 and 455.410 to 455.740 for
the enforcement, inspection and administration of the electrical
safety laws under that specialty code and ORS 479.510 to 479.945.
This subsection does not require a city or county to assume full
responsibility for enforcement, inspection and administration of
the electrical safety laws if the only enforcement performed by
the city or county involves manufactured dwelling electrical
utility connections.
' (3) The department, subject to ORS 183.310 to 183.550, shall
revoke any authority of a city or county to carry on inspections,
enforcement or administration of electrical installations and
electrical products under ORS 455.150 { + or section 1 of this
2001 Act + } if the department determines that the city or county
fails to comply with standards adopted by the board or otherwise
is not effectively carrying out duties assumed by the city or
county under this section.
' (4)(a) Except as provided in paragraph (b) of this
subsection, a city or county { - shall - } { + may + } not
contract with competing electrical contractors to provide permit
inspection of electrical installations.
' (b) A city or county may contract with competing electrical
contractors to provide permit inspection of electrical
installations on a temporary basis by a supervising electrician
if:
' (A) Emergency circumstances exist; and
' (B) The city or county has requested that the department
perform permit inspections and the department is unable to
respond in a timely manner.
' (c) Nothing in this subsection prohibits a city or county
from contracting with another city or county to perform permit
inspections of electrical installations by a supervising
electrician.
' (5) A city or county that performs electrical installation
inspections shall perform license enforcement inspections as a
part of routine installation inspections.'.
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