Chapter 833 Oregon Laws 2005

 

AN ACT

 

SB 421

 

Relating to state building code; creating new provisions; amending ORS 455.210, 455.220, 455.842 and 455.844; repealing sections 1 and 2, chapter 56, Oregon Laws 2005 (Enrolled House Bill 3097); limiting expenditures; and declaring an emergency.

 

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

 

          SECTION 1. Section 2 of this 2005 Act is added to and made a part of ORS chapter 455.

 

          SECTION 2. The Director of the Department of Consumer and Business Services shall establish regions for all areas of the state to carry out the uniform administration of the state building code. The director shall assign Department of Consumer and Business Services employees for the regions as necessary to:

          (1) Promote consistent interpretation of the state building code;

          (2) Resolve disputes between local building officials and contractors or developers regarding the application of one or more provisions of the state building code; and

          (3) Provide oversight and enforcement of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950, 479.995 and 480.510 to 480.670 and ORS chapters 447, 455, 460 and 693 and the rules adopted under those statutes.

 

          SECTION 3. ORS 455.210 is amended to read:

          455.210. (1) Fees shall be prescribed as required by ORS 455.020 for plan review and permits issued by the Department of Consumer and Business Services for the construction, reconstruction, alteration and repair of prefabricated structures and of buildings and other structures and the installation of mechanical heating and ventilating devices and equipment. The fees may not exceed 130 percent of the fee schedule printed in the “Uniform Building Code,” 1979 Edition, and in the “Uniform Mechanical Code,” 1979 Edition, both published by the International Conference of Building Officials. Fees are not effective until approved by the Oregon Department of Administrative Services.

          (2) Notwithstanding subsection (1) of this section, the maximum fee the Director of the Department of Consumer and Business Services may prescribe for a limited plan review for fire and life safety as required under ORS 479.155 shall be 40 percent of the prescribed permit fee.

          (3)(a) A municipality may adopt by ordinance or regulation such fees as may be necessary and reasonable to provide for the administration and enforcement of any specialty code or codes for which the municipality has assumed responsibility under ORS 455.148 or 455.150.

          (b) Ten or more persons or an association with 10 or more members may, within 30 days of the adoption of a fee under paragraph (a) of this subsection, appeal the fee to the Director of the Department of Consumer and Business Services. Within 60 days of the receipt of the appeal, the director shall, after notice to affected parties and hearing, review the municipality’s costs of administering and enforcing the specialty code or codes referred to in paragraph (a) of this subsection and approve the fee if the director feels it is necessary and reasonable. If the director does not approve the fee upon appeal, the fee is not effective. The appeal process provided in this paragraph does not apply to fees that have been submitted for a vote and approved by a majority of the electors voting on the question.

          (c) Fees collected by a municipality under this subsection shall be used for the administration and enforcement of a building inspection program for which the municipality has assumed responsibility under ORS 455.148 or 455.150.

          (d) For purposes of paragraph (b) of this subsection, in determining whether a fee is reasonable the director shall consider whether:

          (A) The fee is the same amount as or closely approximates the amount of the fee charged by other municipalities of a similar size and geographic location for the same level of service;

          (B) The fee is calculated with the same or a similar calculation method as the fee charged by other municipalities for the same service; and

          (C) The fee is the same type as the fee charged by other municipalities for the same level of service.

          (4) Notwithstanding any other provision of ORS 455.010 to455.240, 455.310, 455.315 and 455.410 to 455.740, for the purpose of partially defraying state administrative costs, there is hereby imposed a surcharge in the amount of four percent of the total permit fees [and] or, if the applicant chooses to pay an hourly rate instead of purchasing a permit, four percent of the total hourly charges collected [when an applicant chooses to pay an hourly rate instead of purchasing a permit]. Municipalities shall collect and remit surcharges to the director as provided in ORS 455.220.

          (5) Notwithstanding any other provisions of ORS 455.010 to 455.240, 455.310, 455.315 and 455.410 to 455.740, for the purpose of partially defraying state inspection costs, there is hereby imposed a surcharge in the amount of two percent of the total permit fees [and] or, if the applicant chooses to pay an hourly rate instead of purchasing a permit, two percent of the total hourly charges collected [when an applicant chooses to pay an hourly rate instead of purchasing a permit]. Municipalities shall collect and remit surcharges to the director as provided in ORS 455.220.

          (6) Notwithstanding any other provision of ORS 455.010 to 455.240, 455.310, 455.315 and 455.410 to 455.740 and in addition to the surcharges imposed under subsections (4) and (5) of this section, for the purpose of [partially defraying administration and operation costs of the Tri-County Building Industry Service Center, there is hereby imposed a surcharge not to exceed one percent of the total permit fees collected in Clackamas, Multnomah and Washington Counties.] defraying the cost of administering and enforcing the state building code, there is imposed a surcharge on permit fees and on hourly charges collected instead of permit fees. The surcharge may not exceed one percent of the total permit fees or, if the applicant chooses to pay an hourly rate instead of purchasing a permit, one percent of the total hourly charges collected. Municipalities shall collect and remit surcharges to the director as provided in ORS 455.220.

          (7) The director shall adopt administrative rules to allow reduced fees for review of plans that have been previously reviewed.

 

          SECTION 4. ORS 455.220 is amended to read:

          455.220. (1) There is hereby imposed a surcharge in the amount of one percent of the total building permit fees [and] or, if the applicant chooses to pay an hourly rate instead of purchasing a permit, one percent of the total 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. Up to one-half of the surcharge collected under this subsection may be used to fund the activities [of the Tri-County Building Industry Service Center] described in ORS 455.844 and section 2 of this 2005 Act. The remainder of the surcharge collected under this subsection shall be used 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.

          (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 described in this subsection 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) [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 455.148 (6) or 455.150 (6), shall be deposited by the director in the Consumer and Business Services Fund created by ORS 705.145.

          (b) Notwithstanding subsection (1) of this section, the 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) The director shall use funds received under ORS 455.210 (6) to fund the activities of the Tri-County Building Industry Service Center.]

          [(5)] (4) 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 5. ORS 455.842 is amended to read:

          455.842. (1) The Department of Consumer and Business Services [shall] may establish and staff a Tri-County Building Industry Service Center to make available to licensed contractors and their employees, local governments and the public the resources and services described in ORS 455.844 and section 2 of this 2005 Act.

          (2) The Director of the Department of Consumer and Business Services may adopt by rule a reasonable fee schedule for the purpose of recovering the costs incurred by the department [and the service center] in providing services under ORS 455.844. Fees adopted and imposed under this section shall be in addition to the total building permit fees otherwise imposed in Clackamas, Multnomah and Washington Counties. A municipality shall collect fees adopted and imposed under this section and remit the fees to the department.

 

          SECTION 6. ORS 455.844 is amended to read:

          455.844. The Department of Consumer and Business Services shall:

          (1) Develop and administer an installation label program for minor installations under the state building code, including but not limited to electrical installations under ORS 455.627, 479.540 and 479.570 and plumbing installations under ORS 447.076;

          (2) Develop standard application forms and procedures for use by municipalities in Clackamas, Multnomah and Washington Counties when issuing structural, mechanical, electrical, plumbing and other permits when such permits do not require a review of building plans;

          (3) Develop standard application forms and procedures for issuing building permits and recording inspections;

          (4) Develop standard forms and procedures for reviewing building plans;

          (5) Establish standardized criteria and methodology for determining fee amounts for permits that are required under the state building code established under ORS 455.030;

          (6) Maintain and make available to the public the names of persons certified to review building plans;

          (7) Maintain and make available to the public the names of persons certified to perform technical inspections; and

          (8) Administer prepaid building permit cost accounts.[;]

          [(9) Establish sufficient resources to assist local building officials in interpreting the state building code;]

          [(10) Establish a process to facilitate consistent application of the state building code for the area served by the Tri-County Building Industry Service Center; and]

          [(11) Develop a process for resolving disputes between local building officials and contractors or developers regarding site-specific application of one or more provisions of the state building code.]

 

          SECTION 7. (1) Section 2 of this 2005 Act and the amendments to ORS 455.210, 455.220, 455.842 and 455.844 by sections 3 to 6 of this 2005 Act become operative on January 1, 2006.

          (2) The Department of Consumer and Business Services and other state and local agencies and officers may take any action prior to January 1, 2006, to facilitate the implementation of section 2 of this 2005 Act and the amendments to ORS 455.210, 455.220, 455.842 and 455.844 by sections 3 to 6 of this 2005 Act on or after January 1, 2006.

 

          SECTION 8. Notwithstanding any other law limiting expenditures, the limitation on expenditures for the Department of Consumer and Business Services, for the biennium beginning July 1, 2005, established as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the department, is increased by $320,634 for the purpose of carrying out the provisions of sections 2 and 7 of this 2005 Act and the amendments to ORS 455.210, 455.220, 455.842 and 455.844 by sections 3 to 6 of this 2005 Act.

 

          SECTION 9. If House Bill 3097 becomes law, section 1, chapter 56, Oregon Laws 2005 (Enrolled House Bill 3097) (amending ORS 455.842), is repealed.

 

          SECTION 10. If House Bill 3097 becomes law, section 2, chapter 56, Oregon Laws 2005 (Enrolled House Bill 3097) (amending ORS 455.844), is repealed and ORS 455.844, as amended by section 6 of this 2005 Act, is amended to read:

          455.844. (1) The Department of Consumer and Business Services shall:

          [(1)] (a) Develop and administer an installation label program for minor installations under the state building code, including but not limited to electrical installations under ORS 455.627, 479.540 and 479.570 and plumbing installations under ORS 447.076;

          [(2)] (b) Develop standard application forms and procedures for use by municipalities in Clackamas, Multnomah and Washington Counties when issuing structural, mechanical, electrical, plumbing and other permits when [such] those permits do not require a review of building plans;

          [(3)] (c) Develop standard application forms and procedures for issuing building permits and recording inspections;

          [(4)] (d) Develop standard forms and procedures for reviewing building plans;

          [(5)] (e) Establish standardized criteria and methodology for determining fee amounts for permits that are required under the state building code established under ORS 455.030;

          [(6)] (f) Maintain and make available to the public the names of persons certified to review building plans;

          [(7)] (g) Maintain and make available to the public the names of persons certified to perform technical inspections; and

          [(8)] (h) Administer prepaid building permit cost accounts.

          (2) The department may use the resources of the Tri-County Building Industry Service Center to:

          (a) Assist local building officials in the administration and enforcement of the state building code; and

          (b) Establish a process to facilitate the consistent application of the state building code throughout the state.

 

          SECTION 11. The amendments to ORS 455.844 by section 10 of this 2005 Act become operative on January 1, 2006.

 

          SECTION 12. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.

 

Approved by the Governor September 2, 2005

 

Filed in the office of Secretary of State September 2, 2005

 

Effective date September 2, 2005

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