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 3877
 
                         House Bill 3613
 
Sponsored by Representative GARDNER (at the request of National
  Electrical Contractors Association)
 
 
                             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.
 
  Limits administration and enforcement of municipal building
inspection programs to municipalities that have population
greater than 35,000 persons.
  Requires that municipal building inspection program include
administration and enforcement of all aspects of state building
code, specialty codes and related requirements that are subject
to municipal enforcement.
 
                        A BILL FOR AN ACT
Relating to building inspection programs; creating new
  provisions; and amending ORS 455.150, 455.153, 455.156,
  455.210, 455.220, 455.447 and 479.855.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 455.150 is amended to read:
  455.150. (1) A municipality  { + having a population greater
than 35,000 persons + } may administer   { - 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 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  { + that each have
populations greater than 35,000 persons + } 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 - }  { +  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 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 - }  { +  the building inspection
program + }, the county or counties in which the city is located
shall administer and enforce
  { - those codes or parts thereof - }  { +  the program + }
within the city in the same manner as it administers and enforces
 { - them - }   { + the program + } 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 - }  { +  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 - }  { +  the 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 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 or resume + } building   { - code - }
 { +  inspection program + } 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 - }  { +
a + } municipality  { +  that administers and enforces a building
inspection program + } to  { +  annually + } submit a written
plan   { - with the notice required under subsection (4) of this
section - }  { +  for the program + }. 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 - }
 { + building inspection program must recognize and accept
activities performed by + } persons or businesses   { - are - }
authorized under ORS 455.457 to perform  { + the + } activities
 { - shall recognize and accept those 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 shall have 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. Regulation 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) Reviewing procedures and program operations of
municipalities;
  (d) Creating standards for efficient, effective timely and
acceptable building inspection programs;
  (e) Creating standards for justifying increases in building
inspection program fees adopted by a municipality;
  (f) 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) 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.
  SECTION 2. ORS 455.153 is amended to read:
  455.153. (1) A municipality  { + having a population greater
than 35,000 persons + } may administer   { - any specialty code
or building requirements - }  { +  a building inspection
program + } as though the  { + state building + } code { + ,
specialty codes + } or { +  related + } 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 - }  { +  a building inspection program + } includes
all administrative and judicial aspects of enforcement of the
 { + state building + } code { + , specialty codes  + }or
 { - requirement - }  { +  related requirements + }. 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 - }  { +  building + }
inspection program under ORS 455.150 may { +  investigate and
enforce all aspects of the state building code, specialty codes
and related requirements, including but not limited to + }:
  (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 - }   { + Issuing + } 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 4. 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 - }  { +  a building inspection program + } 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 - }  { + building inspection program + } 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.
  (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 5. 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  { + persons + } shall, on a monthly basis, prepare
and submit to the director a report of permits and certificates
issued in each class or category and fees and surcharges thereon
collected during the month, together with other statistical
information as required by the director concerning construction
activity regulated by   { - the parts of the state building code
administered by - }  the municipality. All other municipalities
shall submit such a report on a quarterly basis. The report,
which shall be in a form prescribed by the director, shall be
submitted, together with a remittance covering the surcharges
collected, by no later than the 15th day following the month or
quarter in which the surcharges are collected.
  (3)(a) Except as provided in subsection (4) of this section,
all surcharges and other fees prescribed by ORS 455.010 to
455.240 and 455.410 to 455.740 and payable to the department,
except fees received under ORS 455.150 (6), shall be deposited by
the director in the Consumer and Business Services Fund created
by ORS 705.145.
  (b) Notwithstanding subsection (4)(a) of this section, the
training surcharge imposed under subsection (1) of this section
for permits established under ORS 446.062 (3), 446.176, 446.405
(2), 446.430 (2) and 455.170 (2) shall be deposited in the
Manufactured Structures and Parks Education Account of the
Consumer and Business Services Fund established under ORS
705.145.
  (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 6. 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 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 - }   { + The  + }fees shall be retained by the
jurisdiction enforcing the particular specialty code { +  under a
building inspection program + } as provided in ORS 455.150.
  (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 7. 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  { + building + } inspection
 { - and enforcement - }  program established by a city or county
under ORS 455.150 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  { + building inspection + }
program under ORS   { - 456.800 - }  { +  455.150, + }   { - 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 - }  { +  a building
inspection program only + } 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 - }  { +  ensure + } 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)  { + In addition to administering and enforcing all other
aspects of the state building code, specialty codes and related
requirements, + } the city or county  { + administering and
enforcing a building inspection program  + }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  { + as part of a building inspection
program + } under ORS 455.150 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 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.
  SECTION 8.  { + The amendments to ORS 455.150, 455.153,
455.156, 455.210, 455.220, 455.447 and 479.855 by sections 1 to 7
of this 2001 Act apply to municipal building inspection programs
commenced, continued or resumed on or after the effective date of
this 2001 Act. + }
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