Chapter 369 Oregon Laws 2003

AN ACT

SB 715

Relating to building codes.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS chapter 455.

SECTION 2. (1) As used in this section, “essential project” means a:

(a) State owned or operated development;

(b) Development of industries in the traded sector as defined in ORS 285A.010 for structures more than 100,000 square feet in size;

(c) Project in an industrial site listed by the Economic and Community Development Department as ready for development and for which the project construction totals more than 100,000 square feet in size; or

(d) Development designated by the Director of the Economic and Community Development Department as essential to the economic well-being of the state.

(2) Notwithstanding any municipal building inspection program under ORS 455.148 or 455.150, an applicant for a building permit for an essential project or the municipality having jurisdiction over an essential project may request in writing that the Department of Consumer and Business Services administer and enforce the state building code for the project.

(3) Upon receipt by the Department of Consumer and Business Services of a written request under this section, the Director of the Department of Consumer and Business Services shall assemble a rapid approval assessment team consisting of such department employees and other persons as the director considers appropriate. The purpose of the rapid approval assessment team shall be to provide assistance and advice to the director.

(4) The Director of the Department of Consumer and Business Services, in consultation with the rapid approval assessment team, shall determine whether adequate resources are available to ensure that an essential project may proceed in a timely, consistent and flexible manner. In determining the availability of resources under this subsection, the director and the rapid approval assessment team shall give first consideration to the availability of municipal resources. If the director determines that municipal resources may be inadequate for the essential project, the director may consider whether state resources or a combination of municipal and state resources is available to ensure that the essential project may proceed in a timely, consistent and flexible manner. A determination by the director under this subsection is not appealable.

(5) The Director of the Department of Consumer and Business Services may take all actions that the director considers reasonable and necessary to ensure that an essential project may proceed in a timely, consistent and flexible manner, including but not limited to:

(a) Establishing policies, procedures and rules as necessary;

(b) Working directly with local municipalities and other state agencies to resolve conflicts and disputes related to the state building code;

(c) Encouraging cooperation between state and municipal building officials and inspectors;

(d) Developing agreements;

(e) Developing site-specific dispute resolution and appeals related to state building code requirements;

(f) Expediting, coordinating or providing building inspection program plan review, permitting and inspection services;

(g) Assisting a municipality or seeking assistance from a municipality; and

(h) Establishing fees to cover the cost of provided services.

SECTION 3. The Director of the Department of Consumer and Business Services shall report to the Seventy-third Legislative Assembly on or before January 30, 2005, regarding the implementation and administration of section 2 of this 2003 Act.

Approved by the Governor June 13, 2003

Filed in the office of Secretary of State June 13, 2003

Effective date January 1, 2004

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