71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3641
Sponsored by Representative WINTERS (at the request of Oregon
Manufactured Housing Association)
CHAPTER ................
AN ACT
Relating to Department of Consumer and Business Services
finances; creating new provisions; amending ORS 446.076,
446.176, 446.400, 446.410, 455.020, 455.220, 455.230, 455.240,
460.370 and 705.145; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + All moneys deposited to the Consumer and
Business Services Fund that are derived pursuant to ORS 446.003
to 446.200, 446.210, 446.225 to 446.285, 446.395 to 446.420 and
455.220 (1) are continuously appropriated to the Department of
Consumer and Business Services for carrying out any of the
duties, functions and powers of the department under ORS 446.003
to 446.200, 446.210, 446.225 to 446.285 and 446.395 to 446.420,
and rules adopted thereunder, without regard to the source of the
moneys. + }
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. + }
{ + NOTE: + } Section 3 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 4. ORS 446.076 is amended to read:
446.076. All moneys received by the Department of Consumer and
Business Services under ORS 446.003 to 446.200 and 446.225 to
{ - 446.280 - } { + 446.285 + } shall be paid into the
Consumer and Business Services Fund created by ORS 705.145. The
moneys received under this section are continuously appropriated
{ - and shall be used only for the administration and
enforcement of ORS 446.003 to 446.200 and 446.225 to 446.285 by
the department with respect to mobile home or manufactured
dwelling parks - } { + to the department for use as provided in
section 1 of this 2001 Act + }.
SECTION 5. ORS 446.176 is amended to read:
446.176. (1) The Director of the Department of Consumer and
Business Services, with the approval of the Manufactured
Structures and Parks Advisory Board, shall adopt regulations
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under the provisions of ORS 183.310 to 183.550 to provide a
schedule for plan review fees, insignia fees, inspection fees and
other necessary fees based on the { + estimated + } cost of
administering { - ORS 446.003, 446.111, 446.160, 446.225 to
446.285, 446.990 and this section and those parts of - } ORS
446.003 to 446.200 and 446.225 to 446.285 { - within the
jurisdiction of the Department of Consumer and Business
Services - } .
(2) Fees collected by the department pursuant to this section
shall be deposited in the Consumer and Business Services Fund
established by ORS 705.145 { + . + } { - , with any specifically
designated training fees to be deposited in the Manufactured
Structures and Parks Education Account of the fund, and shall be
used exclusively for the administration and enforcement of those
matters in ORS 446.003 to 446.200 and 446.225 to 446.285 under
the jurisdiction of the department - } { + Moneys deposited
into the fund pursuant to this section are continuously
appropriated to the department for use as provided in section 1
of this 2001 Act + }.
SECTION 6. ORS 446.400 is amended to read:
446.400. (1) In accordance with any applicable provisions of
ORS 183.310 to 183.550, the Director of the Department of
Consumer and Business Services, with the approval of the
Manufactured Structures and Parks Advisory Board, shall establish
by rule a procedure for the licensing of individuals to install
manufactured dwellings and cabanas. Such a procedure shall
include, but not be limited to, provisions prescribing:
(a) The form, content and procedures for submitting an
application for license issuance and renewal;
(b) The term of the license and the fee for the original
issuance and renewal of the license;
(c) The experience and training requirements for determining
the qualifications of license applicants; and
(d) The actions and procedures required for license suspension,
revocation and reissuance.
(2) In determining the appropriate initial license and renewal
fees for installers, the director, with the approval of the
board, shall { - insure - } { + ensure + } that the annual
income to the department from license and renewal fees
{ + established under this section does + } not exceed one-third
of the { + estimated + }total cost of administering and
enforcing the provisions of ORS 446.003 { - , - } { + and + }
446.395 to 446.420 { - and 455.230 - } .
{ - (3) The costs of developing and administering ORS
446.003, 446.395 to 446.420 and 455.230 shall be funded: - }
{ - (a) One-third from license application fees; and - }
{ - (b) Two-thirds from fees paid by manufacturers under ORS
446.176. - }
{ + (3) Fees collected by the Department of Consumer and
Business Services pursuant to this section shall be deposited in
the Consumer and Business Services Fund established by ORS
705.145 and are continuously appropriated to the department for
use as provided in section 1 of this 2001 Act. + }
(4) The board may adopt classifications of installers
including, but not limited to, temporary installer, limited
installer and installer.
SECTION 7. ORS 446.410 is amended to read:
446.410. Fees and civil penalties collected by the Department
of Consumer and Business Services pursuant to ORS 446.003,
446.395 to 446.420 and 455.230 shall be deposited in the Consumer
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and Business Services Fund established by ORS 705.145 and
{ - shall be used and - } { + are + } continuously
appropriated { - for the administration and enforcement of ORS
446.003, 446.395 to 446.420 and 455.230 and the rules adopted
pursuant thereto - } { + to the department for use as provided
in section 1 of this 2001 Act + }.
SECTION 7a. { + If House Bill 2153 becomes law, section 7 of
this 2001 Act (amending ORS 446.410) is repealed and ORS 446.410,
as amended by section 15, chapter 411, Oregon Laws 2001 (Enrolled
House Bill 2153), is amended to read: + }
446.410. Fees collected by the Department of Consumer and
Business Services pursuant to ORS 446.003 and 446.395 to 446.420
shall be deposited in the Consumer and Business Services Fund
established by ORS 705.145 and { - shall be used and - }
{ + are + } continuously appropriated { - for the
administration and enforcement of ORS 446.003 and 446.395 to
446.420 and the rules adopted pursuant thereto - } { + to the
department for use as provided in section 1 of this 2001 Act + }.
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
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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.
SECTION 10. ORS 455.230 is amended to read:
455.230. { + (1) + } Except as otherwise provided by law, all
moneys appropriated or credited to the Consumer and Business
Services Fund and received under this chapter, ORS { - 446.155
to 446.200, 446.410, - } 447.010 to 447.160, 460.005 to 460.175,
460.310 to 460.410, 479.510 to 479.945, 480.510 to 480.665 and
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ORS chapter 693 hereby are appropriated continuously for and
shall be used by the director for the purpose of carrying out the
duties and responsibilities imposed upon the department
{ - , - } under this chapter, ORS { - 446.155 to 446.200,
446.410, - } 447.010 to 447.160, 460.005 to 460.175, 460.310 to
460.410, 479.510 to 479.945, 480.510 to 480.665 and ORS chapter
693.
{ + (2) Except as otherwise provided by law, all moneys
appropriated or credited to the Consumer and Business Services
Fund and received under ORS 446.003 to 446.200, 446.210, 446.225
to 446.285, 446.395 to 446.420 and 455.220 (1) hereby are
appropriated continuously for and shall be used by the director
for the purpose of carrying out the duties and responsibilities
imposed upon the department under ORS 446.003 to 446.200,
446.210, 446.225 to 446.285 and 446.395 to 446.420, education and
training programs pertaining thereto, and rules adopted
thereunder, without regard to the source of the moneys. + }
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 + }.
SECTION 13. ORS 705.145 is amended to read:
705.145. (1) There is created in the State Treasury a fund to
be known as the Consumer and Business Services Fund, separate
from the General Fund. All moneys collected or received by the
Department of Consumer and Business Services, except moneys
collected pursuant to ORS 735.612 and those moneys required to be
paid into the Workers' Benefit Fund, shall be paid into the State
Treasury and credited to the Consumer and Business Services Fund.
Moneys in the fund may be invested in the same manner as other
state moneys and any interest earned shall be credited to the
fund.
(2) The department shall keep a record of all moneys deposited
in the Consumer and Business Services Fund { - which - } { +
that + } shall indicate, by separate account, the source from
which the moneys are derived, the interest earned and the
activity or program against which any withdrawal is charged.
(3) Should moneys credited to any one account be withdrawn,
transferred or otherwise used for purposes other than the program
or activity for which the account is established, interest shall
accrue on the amount withdrawn from the date of withdrawal and
until such funds are restored.
(4) Moneys in the fund shall provide and are appropriated for
the administrative expenses of the department and for its
expenses in carrying out its functions and duties under any
provision of law.
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(5) It is the intention of the Legislative Assembly that the
performance of the various duties and functions of the department
in connection with each of its programs shall be financed by the
fees, assessments and charges established and collected in
connection with those programs.
(6) There is created by transfer from the Consumer and Business
Services Fund a revolving administrative account in the amount of
$100,000. The revolving account shall be disbursed by checks or
orders issued by the director or the Workers' Compensation Board
and drawn upon the State Treasury, to carry on the duties and
functions of the department and the board. All checks or orders
paid from the revolving account shall be reimbursed by a warrant
drawn in favor of the department charged against the Consumer and
Business Services Fund and recorded in the appropriate subsidiary
record.
(7) For the purposes of ORS chapter 656, the revolving account
created pursuant to subsection (6) of this section may also be
used to:
(a) Pay compensation benefits; and
(b) Refund to employers amounts paid to the Consumer and
Business Services Fund in excess of the amounts required by ORS
chapter 656.
(8) There is established in the Consumer and Business Services
Fund the Banking Education Assessment Account. All moneys in the
account are appropriated continuously for use by the Conference
of State Bank Supervisors Education Foundation to provide quality
training and education for state bank examiners.
{ + (9) Notwithstanding subsections (2), (3) and (5) of this
section, the moneys derived pursuant to ORS 446.003 to 446.200,
446.210, 446.225 to 446.285, 446.395 to 446.420 and 455.220 (1)
and deposited to the fund, interest earned on those moneys and
withdrawals of moneys for activities or programs under ORS
446.003 to 446.200, 446.210, 446.225 to 446.285 and 446.395 to
446.420, or education and training programs pertaining thereto,
must be assigned to a single account within the fund. + }
{ - (9) There is established in the Consumer and Business
Services Fund the Manufactured Structures and Parks Education
Account. Moneys that are specifically designated as training fees
and that are collected under ORS 446.176 and 455.220 (1) shall be
deposited in the account. All moneys in the account are
appropriated continuously for use by the Department of Consumer
and Business Services to provide quality training and education
for persons employed in producing, selling, installing,
delivering or inspecting manufactured structures or buildings, or
inspecting parks or camps. Notwithstanding the applicable
provisions of ORS chapter 279, the department may, with the
advice of the Manufactured Structures and Parks Advisory Board
established under ORS 446.280, contract with a public or private
person to develop or provide training and education programs. - }
{ + (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
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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. + }
SECTION 14. { + Sections 1 and 2 of this 2001 Act and the
amendments to ORS 446.076, 446.176, 446.400, 446.410, 455.020,
455.220, 455.230, 455.240, 460.370 and 705.145 by sections 4 to
13 of this 2001 Act apply to moneys deposited to the Consumer and
Business Services Fund prior to the effective date of this 2001
Act and remaining unexpended on the effective date of this 2001
Act and to moneys deposited to the fund on or after the effective
date of this 2001 Act. + }
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Passed by House May 7, 2001
Repassed by House June 18, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 14, 2001
...........................................................
President of Senate
Enrolled House Bill 3641 (HB 3641-B) Page 7
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3641 (HB 3641-B) Page 8