Chapter 69
AN ACT
HB 2405
Relating to building codes information;
creating new provisions; amending ORS 455.095, 455.210 and 455.471; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 and 3 of this 2007 Act are added
to and made a part of ORS chapter 455.
SECTION 2. (1) As used in this section, “form and
format”:
(a) Means the
arrangement, organization, configuration, structure or style of, or method of
delivery for, providing required information or providing the substantive
equivalent of required information.
(b) Does not mean
altering the substance of information or the addition or omission of
information.
(2) The purpose of this
section and ORS 455.095 is to enable the Department of Consumer and Business
Services to develop and implement a system that:
(a) Provides electronic
access to building codes information;
(b) Is designed to offer
a full range of electronic building permits services;
(c)
Allows the streamlining of building inspection services;
(d) Provides a uniform
form and format for submitting building codes information electronically;
and
(e)
Is available for use by any municipality administering and enforcing a building
inspection program.
(3) The department shall
adopt rules to govern the form and format of building permit applications,
building plans, specifications and other building program information exchanged
through the electronic building codes information system described in ORS
455.095.
(4) The department may
waive a contrary form and format requirement imposed by statute or ordinance or
by the rules of another agency for the submission of information in physical
form to the extent the waiver is necessary to facilitate the submission of the
information electronically. The department may accept an electronic
reproduction of a signature, stamp, seal, certification or notarization as the
equivalent of the original or may accept the substitution of identifying
information for the signature, stamp, seal, certification or notarization. The
department may not waive a requirement imposed by statute or ordinance or by
the rules of another agency, other than a form and format requirement.
(5) A person exchanging
information through the electronic building codes information system in a form
and format acceptable to the department is not subject to any licensing
sanction, civil penalty, fine, permit disapproval or revocation or other
sanction for failure to comply with a form or format requirement imposed by statute,
ordinance or rule for submission of the information in physical form, including
but not limited to any requirement that the information be in a particular form
or of a particular size, be submitted with multiple copies, be physically
attached to another document be an original document or be signed, stamped,
sealed, certified or notarized.
SECTION 3. (1) As used in this section:
(a) “Form and format”
has the meaning given that term in section 2 of this 2007 Act.
(b) “Standards” means
the content, processing, form and format of building codes information
collected and maintained by municipalities.
(2) The Department of
Consumer and Business Services may adopt rules establishing building codes
information standards for municipalities administering and enforcing building
inspection programs. The department shall design the standards to ensure
consistency between municipalities regarding building inspections, permits,
plans specifications and other building codes information. The department may
not adopt standards that:
(a) Waive any
requirement imposed by statute or by rule of another state agency for
submitting building permit applications, building plans, specifications or
other building program information in physical form.
(b) Require a
municipality to assume or expand a building inspection program or to provide
additional building inspection program services.
SECTION 4. ORS 455.095 is amended to read:
455.095. The Department
of Consumer and Business Services[, in cooperation with local jurisdictions, may] shall
develop and implement a [program] system
that provides electronic access to building codes information. The
department shall make the system accessible for use by municipalities in
carrying out the building inspection programs administered and enforced by the
municipalities. The building codes information and services available
through the [program] system
may include, but need not be limited to:
(1) Licensing, permit,
inspection and other relevant information;
(2) Access to forms;
[(2)] (3) [Provision
for the] Electronic submission of permit applications;
(4) Electronic
submission of plans for review;
[(3)] (5) [The]
Electronic issuance of minor label or other appropriate permits;
[(4)] (6) Access to [other]
permit and inspection processes; and
[(5)] (7) Scheduling of inspections, tracking of corrections
and granting of approvals.
SECTION 5. 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. A municipality shall give the director notice of the
proposed adoption of a new or increased fee under this subsection. The
municipality shall give the notice to the director at the time the municipality
provides the opportunity for public comment under ORS 294.160 regarding the fee
or, if the proposed fee is contained in an estimate of municipal budget
resources, at the time notice of the last budget meeting is published in a
newspaper under ORS 294.401.
(b) Ten or more persons
or an association with 10 or more members may appeal the adoption of a fee
described in this subsection to the Director of the Department of Consumer and
Business Services. The persons or association must file the appeal no later
than 60 days after the director receives notice of the proposed adoption of the
fee from the municipality under paragraph (a) of this subsection. However, if
the municipality failed to give notice to the director, an appeal may be filed
with the director within one year after adoption of the new or increased fee.
Upon receiving a timely appeal, the director shall, after notice to affected
parties and hearing, review the municipality’s fee adoption process and the
costs of administering and enforcing the specialty code or codes referred to in
paragraph (a) of this subsection. The director shall approve the fee if the
director feels the fee 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;
(C) The fee is the same
type as the fee charged by other municipalities for the same level of service;
and
(D) The municipality, in
adopting the fee, complied with ORS 294.160, 294.361 and 294.401 and this
section and standards adopted by the director under ORS 455.148 (11) or 455.150
(11).
(4) Notwithstanding any
other provision of [ORS 455.010 to
455.240, 455.310, 455.315 and 455.410 to 455.740,] this chapter:
(a)
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 or, if the applicant chooses to pay an hourly rate instead of
purchasing a permit, four percent of the total hourly charges collected. [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,]
(b)
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 or, if the applicant chooses to
pay an hourly rate instead of purchasing a permit, two percent of the total
hourly charges collected. [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,]
(c)
For the purpose of 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.
(d) For the purpose
of defraying the cost of developing and administering the electronic building
codes information system described in section 2 of this 2007 Act and ORS
455.095, there is imposed a surcharge in the amount of five percent on permit
fees, or if the applicant chooses to pay an hourly rate instead of purchasing a
permit, five percent of the total hourly charges collected. However, the
department may adopt rules to waive a portion of the surcharge imposed under
this paragraph if the department determines that the amount collected by the
surcharge imposed under this paragraph exceeds the actual cost to the
department of developing and administering the electronic building codes
information system described in section 2 of this 2007 Act and ORS 455.095
(5)
Municipalities shall collect and remit surcharges imposed under subsection
(4) of this section to the director as provided in ORS 455.220.
[(7)] (6) The director shall adopt
administrative rules to allow reduced fees for review of plans that have been
previously reviewed.
SECTION 6. ORS 455.210, as amended by section 5 of this
2007 Act, 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. A municipality shall give the director notice of the
proposed adoption of a new or increased fee under this subsection. The
municipality shall give the notice to the director at the time the municipality
provides the opportunity for public comment under ORS 294.160 regarding the fee
or, if the proposed fee is contained in an estimate of municipal budget
resources, at the time notice of the last budget meeting is published in a
newspaper under ORS 294.401.
(b) Ten or more persons
or an association with 10 or more members may appeal the adoption of a fee
described in this subsection to the Director of the Department of Consumer and
Business Services. The persons or association must file the appeal no later
than 60 days after the director receives notice of the proposed adoption of the
fee from the municipality under paragraph (a) of this subsection. However, if
the municipality failed to give notice to the director, an appeal may be filed
with the director within one year after adoption of the new or increased fee.
Upon receiving a timely appeal, the director shall, after notice to affected
parties and hearing, review the municipality’s fee adoption process and the
costs of administering and enforcing the specialty code or codes referred to in
paragraph (a) of this subsection. The director shall approve the fee if the
director feels the fee 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;
(C) The fee is the same
type as the fee charged by other municipalities for the same level of service;
and
(D) The municipality, in
adopting the fee, complied with ORS 294.160, 294.361 and 294.401 and this
section and standards adopted by the director under ORS 455.148 (11) or 455.150
(11).
(4) Notwithstanding any
other provision of this chapter:
(a) For the purpose of
partially defraying state administrative costs, there is imposed a surcharge in
the amount of four percent of the total permit fees or, if the applicant
chooses to pay an hourly rate instead of purchasing a permit, four percent of
the total hourly charges collected.
(b) For the purpose of
partially defraying state inspection costs, there is imposed a surcharge in the
amount of two percent of the total permit fees or, if the applicant chooses to
pay an hourly rate instead of purchasing a permit, two percent of the total
hourly charges collected.
(c)
For the purpose of 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.
[(d) For the purpose of defraying the cost of developing and
administering the electronic building codes information system described in
section 2 of this 2007 Act and ORS 455.095, there is imposed a surcharge in the
amount of five percent on permit fees, or if the applicant chooses to pay an
hourly rate instead of purchasing a permit, five percent of the total hourly charges
collected. However, the department may adopt rules to waive a portion of the
surcharge imposed under this paragraph if the department determines that the
amount collected by the surcharge imposed under this paragraph exceeds the
actual cost to the department of developing and administering the electronic
building codes information system described in section 2 of this 2007 Act and
ORS 455.095.]
(5) Municipalities shall
collect and remit surcharges imposed under subsection (4) of this section to
the director as provided in ORS 455.220.
(6) The director shall
adopt administrative rules to allow reduced fees for review of plans that have
been previously reviewed.
SECTION 7. 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 municipality 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)] (4)(a) and (b) and
455.220 (1). The surcharges shall be remitted quarterly to the department to
partially defray the department’s administration, 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 8. (1) The amendments to ORS 455.210 and
455.471 by sections 5 and 7 of this 2007 Act become operative January 1, 2008.
(2) The amendments to
ORS 455.210 by section 6 of this 2007 Act become operative January 2, 2018.
SECTION 9. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor May 2, 2007
Filed in the office of Secretary of State May 2, 2007
Effective date May 2, 2007
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