72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1904
House Bill 3043
Sponsored by Representative HANSEN (at the request of United
Association of Plumbers and Pipefitters Local 290, Plumbing and
Mechanical Workers)
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.
Eliminates surcharge imposed on building permit fees and hourly
charges to finance training and educational programs.
Allows Director of Department of Consumer and Business Services
to issue statewide building permit for construction based on
certain plans submitted for review.
A BILL FOR AN ACT
Relating to building permits; amending ORS 446.423, 455.220,
455.230, 455.471, 455.685, 455.848 and 705.145.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 446.423 is amended to read:
446.423. 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 { - , - } { + and + }
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. 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) - } { + (1) + } 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 shall be in a form prescribed by the director and
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) - } { + (2) + } { - 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 { + of Consumer and Business
Services + }, except fees received under ORS 455.148 (6) or
455.150 (6), shall be deposited by the director in the Consumer
and Business Services Fund created by ORS 705.145. { + The
director shall deposit the surcharges received under ORS 455.210
(6) in the fund's Tri-County Building Industry Service Center
Account. + }
{ - (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 Consumer and Business Services Fund established under ORS
705.145 and is continuously appropriated to the department for
use as provided in ORS 446.423. - }
{ - (4)(a) From the amount appropriated biennially to the
department 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 455.848 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 455.848. - }
{ - (5) - } { + (3) + } 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 3. 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 447.010 to 447.156,
447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to
479.945, 479.995, 480.510 to 480.670 and ORS chapter 693 hereby
are appropriated continuously for and shall be used by the
Director { + of the Department of Consumer and Business
Services + } for the purpose of carrying out the duties and
responsibilities imposed upon the Department { + of Consumer and
Business Services + } under this chapter, ORS 447.010 to 447.156,
447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to
479.945, 479.995, 480.510 to 480.670 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 { - , - } { + and + } 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 4. ORS 455.471 is amended to read:
455.471. (1) { - Fee amounts shall not be established by - }
The Director of the Department of Consumer and Business Services
or
{ - any - } { + a + } municipality { + may not establish
amounts + } for fees charged by persons licensed under ORS
455.457.
(2) Fees charged by a person licensed under ORS 455.457 shall
include a surcharge equal to the percentage amounts established
for municipalities under ORS 455.210 (4) and (5) { - and
455.220 (1) - } . The surcharges shall be remitted quarterly to
the department to partially defray the department's
administration { - , - } { + and + } inspection { - and
training - } costs incurred pursuant to ORS 455.455, 455.457,
455.461 and 455.463. Funds received by the department under this
section shall be deposited in the Consumer and Business Services
Fund created by ORS 705.145.
SECTION 5. ORS 455.685 is amended to read:
455.685. { + (1) + }The Director of the Department of
Consumer and Business Services may, upon an application setting
forth a set of plans and specifications that will be utilized in
one or more municipalities to acquire building permits { + or to
construct pursuant to a permit issued under subsection (3) of
this section + }, review and approve the application for the
construction or erection of any building or structure if such set
of plans meets the requirements of the state building code. All
costs incurred by the director by virtue of the examination of
such a set of plans and specifications shall be paid by the
applicant. { + For purposes of ORS 455.467 a building plan
submitted for issuance of a permit under subsection (3) of this
section is treated as a plan submitted to a jurisdiction with a
population that is 300,000 or more. + }
{ + (2) + } The plans and specifications or any plans and
specifications required to be submitted to a state agency shall
be submitted to the director who shall examine the instruments
and if necessary distribute them to the appropriate state
agencies for scrutiny regarding adequacy as to fire safety, life
safety and all other appropriate features. The state agencies
shall examine and promptly return the plans and specifications
together with their certified statement as to the adequacy of the
instruments regarding that agency's area of concern.
{ + (3) Notwithstanding ORS 446.250, 446.253, 446.425,
455.148 and 455.150, the director may issue a building permit
that is valid within all jurisdictions in the state for
construction according to plans approved by the director under
this section. A person issued a permit under this subsection must
present the permit to the local building official and have the
permit accepted by the official prior to commencing construction.
Notwithstanding the issuance of a permit by the director, a local
building official may refuse to accept the permit until the
permit holder complies with any applicable requirements of ORS
455.440, site-specific, geographic, geologic or climatic code
requirements and other local building ordinances and codes. The
issuance of a building permit by the director does not excuse the
permit holder from compliance with land use, environmental or
other state or local approval or permit requirements. + }
{ + (4) + } The applicant { - shall - } { + must + }
submit the plans and specifications to a local building official
prior to application for { + issuance of + } a building
permit { + by the official or at the time that a building permit
issued by the director is presented for acceptance by the
official + }. The local building official shall review the plan
for those features required by local ordinance or by any
site-specific, geographic, geologic or climatic code
requirements. A local building official shall issue { + or
accept + } a building permit upon application and presentation to
the local building official of such a set of plans and
specifications bearing the approval of the director if { - the
requirements of - } all other local ordinances { + and
site-specific, geographic, geologic or climatic code
requirements + } are satisfied.
{ + (5) + } The director or local building official may
assess such fees as necessary to recover the reasonable costs
incurred to ensure the compliance of the plans and specifications
with the state building code.
SECTION 6. ORS 455.848 is amended to read:
455.848. (1) The Tri-County Building Industry Service Center
Account is established within the Consumer and Business Services
Fund, separate and distinct from the General Fund. Interest
earned by the account shall be credited to the account.
(2) The account shall consist of:
(a) Funds received under ORS 455.210 (6);
{ - (b) Funds received under ORS 455.220 (4); - }
{ - (c) - } { + (b) + } Funds received from fees adopted
pursuant to ORS 455.842; and
{ - (d) - } { + (c) + } Grant moneys, contributions and all
other funds received into the account.
(3) All moneys in the Tri-County Building Industry Service
Center Account are continuously appropriated to the Tri-County
Building Industry Service Board and shall be used for the
purposes authorized by law.
SECTION 7. 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 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.
(5) Except as provided in ORS 705.165, 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) 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 { - , - } { + and + } 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) 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 460.370, structural or
mechanical specialty code programs or activities for which a fee
is collected under ORS 455.020 (2), or programs described under
subsection (10) 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.
(10) 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.
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