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 2326
 
                         Senate Bill 831
 
Sponsored by Senator WALKER
 
 
                             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.
 
  Exempts person from licensing as specialty code inspector or
plan reviewer when performing inspections or reviews directly on
behalf of, and under contract with, state or municipality. Makes
person's inspection and review activities performed directly on
behalf of, and under contract with, state or municipality subject
to Oregon Tort Claims Act.
  Allows person conducting specialty code inspection or plan
review under licensing exemption to maintain suit or action
relating to inspection or review.
 
                        A BILL FOR AN ACT
Relating to building codes; amending ORS 455.455 and 455.477.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 455.455 is amended to read:
  455.455. (1)(a) A person may not employ an individual to
perform specialty code inspections in any specialty area unless
the individual has a license issued in that specialty area under
ORS 455.457.
  (b) A person may not engage in specialty code inspections
without having a license issued under ORS 455.457 in the
specialty area for which the inspection is provided.
  (c) A person may not employ an individual to perform plan
reviews unless the individual has a license issued under ORS
455.457.
  (d) A person may not engage in reviewing plans without having a
license issued under ORS 455.457.
  (2) The requirements in subsection (1) of this section do not
apply to a person who is an employee of the state or of a
municipality.
   { +  (3) The requirements of subsection (1) of this section do
not apply to a person who performs specialty code inspections or
plan reviews directly on behalf of, and under contract with, the
state or a municipality. Notwithstanding the status of the person
under ORS 670.600, a person performing inspections or reviews
described in this subsection is an employee of the state or
municipality for purposes of ORS 30.260 to 30.300 with regard to
those inspections or reviews. + }
  SECTION 2. ORS 455.477 is amended to read:
  455.477. A person carrying on, conducting or transacting
specialty code inspections or plan reviews or a business
employing specialty code inspectors or plan reviewers may not
maintain any suit or action relating to specialty code
inspections or plan reviews in any of the courts of this state
without alleging and proving that the person or business was
licensed under ORS 455.457 { + , or was exempt from licensing
under ORS 455.455, + } at the time of performing such work.
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