71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 3613 (A to RC)
 
LC 3877/HB 3613-A5
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3613
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
 
             By COMMITTEE ON RULES AND REDISTRICTING
 
                             June 4
 
  On page 2 of the printed A-engrossed bill, line 20, after the
period delete the rest of the line and lines 21 and 22.
  In line 40, after 'director' insert 'no later than January 1 of
the same year'.
  On page 3, line 40, delete 'temporary'.
  On page 4, line 4, after the period insert 'The municipality
may resume the administration and enforcement of the abandoned
program only on July 1 of an odd-numbered year.'.
  In line 17, delete 'business' and insert 'assumption'.
  On page 5, delete lines 39 through 41 and insert:
  ' (7) If a municipality administering a building inspection
program under this section seeks to administer additional parts
of a program, the municipality must comply with section 1 of this
2001 Act, including the requirement that the municipality
administer and enforce all aspects of the building inspection
program. Thereafter, the municipality is subject to section 1 of
this 2001 Act and ceases to be subject to this section.'.
  On page 6, delete lines 18 through 27.
  In line 28, restore '(c)' and delete '(d)'.
  In line 29, restore '(d)' and delete '(e)'.
  In line 31, restore '(e)' and delete '(f)'.
  In line 33, restore '(f)' and delete '(g)'.
  In line 37, restore '(g)' and delete '(h)'.
  In line 38, delete 'temporary'.
  Delete line 45.
  On page 7, delete lines 1 through 7 and insert:
  ' (13) If a municipality abandons or otherwise ceases to
administer all or part of a building inspection program described
in this section, the municipality may not resume the
administration and enforcement of the abandoned program or part
of a program for at least two years. The municipality may resume
the administration and enforcement of the abandoned program or
part of a program only on July 1 of an odd-numbered year. To
resume the administration and enforcement of the abandoned
program or part of a program, the municipality must comply with
section 1 of this 2001 Act, including the requirement that the
municipality administer and enforce all aspects of the building
inspection program. Thereafter, the municipality is subject to
section 1 of this 2001 Act and ceases to be subject to this
section.'.
  On page 10, after line 39, insert:
  '  { +  SECTION 6a. + }  { + If House Bill 2153 becomes law,
section 6 of this 2001 Act (amending ORS 455.156) is repealed and
ORS 455.156, as amended by section 18, chapter ___, Oregon Laws
2001 (Enrolled House Bill 2153), 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)(a) A municipality that establishes  { + a building
inspection program under section 1 of this 2001 Act or + } a
plumbing inspection program under ORS 455.150 covering
installations under the plumbing specialty code or One and Two
Family Dwelling Code may 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  { + a building
inspection program under section 1 of this 2001 Act or + } an
electrical inspection program under ORS 455.150 covering
installations under the electrical specialty code or One and Two
Family Dwelling Code may 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) 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) 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 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) The assessment of a civil penalty under this section by a
municipality is subject to the amount limitations set forth in
ORS 455.895.
  ' (5)(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 section 8 { + , chapter ___,
Oregon Laws 2001 (Enrolled House Bill 2153), + }   { - of this
2001 Act - } 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 section 6 { + , chapter ___,
Oregon Laws 2001 (Enrolled House Bill 2153), + }   { - of this
2001 Act - } 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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