74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to HB 2405
 
LC 785/HB 2405-1
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2405
 
     By COMMITTEE ON BUSINESS, TRANSPORTATION AND WORKFORCE
                           DEVELOPMENT
 
                            March 29
 
  On page 4 of the printed bill, after line 30, insert:
  '  { +  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.'.
  In line 31, delete '6' and insert '7'.
  In line 40, delete '7.' and insert '8. (1)' and delete ' 6' and
insert '7'.
  After line 41, insert:
  ' (2) The amendments to ORS 455.210 by section 6 of this 2007
Act become operative January 2, 2018.'.
  In line 42, delete '8' and insert '9'.
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