71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3641
LC 3352/HB 3641-1
HOUSE AMENDMENTS TO
HOUSE BILL 3641
By COMMITTEE ON SCHOOL FUNDING AND TAX FAIRNESS/REVENUE
May 1
On page 1 of the printed bill, line 3, delete '455.230' and
insert '455.020, 455.220, 455.230, 455.240, 460.370'.
In line 5, delete '(1) Except as provided in subsection (2) of
this section,' and after 'moneys' insert 'deposited to the
Consumer and Business Services Fund that are'.
In line 6, delete the first 'and' and insert a comma and delete
'de-' and insert '455.220 (1)'.
In line 7, delete 'posited to the Consumer and Business
Services Fund'.
Delete lines 11 through 13 and insert:
' { + SECTION 2. + } { + All moneys + } { + deposited to
the Consumer and Business Services Fund that are derived pursuant
to ORS 455.240 or 460.370, or from state building code or
specialty code program fees for which the amounts are established
by Department of Consumer and Business Services rule pursuant to
ORS 455.020 (2), are continuously appropriated to the department
for carrying out any of the duties, functions and powers of the
department under ORS 455.240 or 460.310 to 460.410 or under a
program for which a fee amount is established by department rule
pursuant to ORS 455.020 (2), without regard to the source of the
moneys. + }
' { + SECTION 3. + } { + (1) Notwithstanding ORS 446.525,
446.533, 455.085, 455.150, 455.473 and 455.595, the Department of
Consumer and Business Services may maintain moneys deposited to
the Consumer and Business Services Fund from any combination of
sources under ORS 446.515 to 446.547, 479.155, 479.510 to
479.945, 479.950, 480.510 to 480.665, 705.705, 705.710 and
705.715 and ORS chapters 447, 455, 460 and 693 in common accounts
if the Director of the Department of Consumer and Business
Services finds that common accounts will increase administrative
efficiency or reduce administrative costs to the department. If
the department uses common accounts pursuant to this section, the
department shall maintain sufficient records to ensure that
distributions of moneys from the common accounts comply with any
appropriations or other restrictions on use applicable to the
moneys.
' (2) The department shall allocate Consumer and Business
Services Fund moneys derived from interest earned on the fund and
from miscellaneous revenues that are not attributable to a
particular source to the various accounts within the fund at
least annually. + } ' .
In line 14, delete '2' and insert '4'.
In line 21, delete '3' and insert '5'.
In line 30, after '705.145' insert a period and delete the rest
of the line.
On page 2, delete line 1.
In line 6, delete '4' and insert '6'.
In line 33, delete '5' and insert '7'.
After line 39, insert:
' { + SECTION 8. + } ORS 455.020 is amended to read:
' 455.020. (1) This chapter is enacted to enable the Director
of the Department of Consumer and Business Services to promulgate
a state building code to govern the construction, reconstruction,
alteration and repair of buildings and other structures and the
installation of mechanical devices and equipment therein, and to
require the correction of unsafe conditions caused by earthquakes
in existing buildings. The state building code shall establish
uniform performance standards providing reasonable safeguards for
health, safety, welfare, comfort and security of the residents of
this state who are occupants and users of buildings, and will
provide for the use of modern methods, devices, materials,
techniques and practicable maximum energy conservation.
' (2) The { - regulations - } { + rules + } adopted
pursuant to this chapter shall include structural standards;
standards for the installation and use of mechanical, heating and
ventilating devices and equipment; and standards for
prefabricated structures; and shall, subject to ORS 455.210,
prescribe reasonable fees for the issuance of building permits
and similar documents, inspections and plan review services by
the Department of Consumer and Business Services. { + The
department may also establish, by rule, the amount of any fee
pertaining to the state building code or any specialty code that
is authorized by statute, but for which an amount is not
specified by statute. + }
' (3) This chapter does not affect the statutory jurisdiction
and authority of the Workers' Compensation Board, under ORS
chapter 654, to promulgate occupational safety and health
standards relating to places of employment, and to administer and
enforce all state laws, regulations, rules, standards and lawful
orders requiring places of employment to be safe and healthful.
' (4) This chapter and any specialty code does not limit the
authority of a municipality to enact regulations providing for
local administration of the state building code; local appeal
boards; fees and other charges; abatement of nuisances and
dangerous buildings; enforcement through penalties, stop-work
orders or other means; or minimum health, sanitation and safety
standards for governing the use of structures for housing, except
where the power of municipalities to enact any such regulations
is expressly withheld or otherwise provided for by statute.
Pursuant to the regulation of dangerous buildings, a municipality
may adopt seismic rehabilitation plans that provide for phased
completion of repairs that are designed to provide improved life
safety but that may be less than the standards for new buildings.
' { + SECTION 9. + } 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, 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 { + and is continuously appropriated to the department
for use as provided in section 1 of this 2001 Act + }.
' (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.'.
In line 40, delete '6' and insert '10'.
On page 3, line 5, delete 'and 446.395 to 446.420' and insert
', 446.395 to 446.420 and 455.220 (1)'.
In line 8, after '446.420' insert ', education and training
programs pertaining thereto,'.
After line 8, insert:
' { + SECTION 11. + } ORS 455.240 is amended to read:
' 455.240. (1) All revenues derived from the sale of
publications of the Department of Consumer and Business Services
relating to building codes shall be deposited in the Consumer and
Business Services Fund.
' (2) Moneys credited to the Consumer and Business Services
Fund under subsection (1) of this section are continuously
appropriated { - exclusively to pay for publication costs of
the department relating to building codes - } { + to the
department for use as provided in section 2 of this 2001 Act + }.
' { + SECTION 12. + } ORS 460.370 is amended to read:
' 460.370. All { + moneys from + } fees collected by the
Department of Consumer and Business Services under ORS 460.310 to
460.410 and 460.990 (2) shall be paid into the Consumer and
Business Services Fund created by ORS 705.145 { + and are
continuously appropriated to the department for use as provided
in section 2 of this 2001 Act + }.'.
In line 9, delete '7' and insert '13'.
In line 45, after the second comma delete the rest of the line.
On page 4, delete line 1 and insert 'the moneys derived'.
In line 2, delete 'and 446.395 to 446.420' and insert ',
446.395 to 446.420 and 455.220 (1)'.
In line 5, after '446.420' insert ', or education and training
programs pertaining thereto,'.
Delete lines 6 through 15 and insert:
' (10) Notwithstanding subsections (2), (3) and (5) of this
section, the moneys derived pursuant to ORS 455.240 or 460.370 or
from state building code or specialty code program fees for which
the amount is established by department rule pursuant to ORS
455.020 (2) and deposited to the fund, interest earned on those
moneys and withdrawals of moneys for activities or programs
described under ORS 455.240 or 460.310 to 460.410, structural or
mechanical specialty code programs or activities for which a fee
is collected under ORS 455.020 (2), or programs described under
subsection (11) of this section that provide training and
education for persons employed in producing, selling, installing,
delivering or inspecting manufactured structures or manufactured
dwelling parks or recreation parks, must be assigned to a single
account within the fund.
' (11) Notwithstanding ORS chapter 279, the department may,
after consultation with the appropriate specialty code advisory
boards established under ORS 446.280, 455.132, 455.138, 480.535
and 693.115, contract for public or private parties to develop or
provide training and education programs relating to the state
building code and associated licensing or certification
programs.'.
In line 16, delete '8. Section 1' and insert '14. Sections 1 to
3'.
In line 17, delete '455.230' and insert '455.020, 455.220,
455.230, 455.240, 460.370' and delete '2 to 7' and insert '4 to
13'.
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