74th OREGON LEGISLATIVE ASSEMBLY--2007 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 785
House Bill 2405
Sponsored by Representatives GELSER, SCHAUFLER, CAMERON, Senator
SCHRADER; Senator NELSON (at the request of Governor Theodore
R. Kulongoski) (Presession filed.)
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.
Expands scope of Department of Consumer and Business Services
electronic building codes information system. Requires department
to make system available for use by municipalities administering
and enforcing building inspection programs.
Authorizes department to develop form and format for exchanging
information through electronic building code information system.
Exempts information exchanged through electronic building codes
information system in form and format acceptable to department
from form and format requirements for submission of information
in physical form.
Imposes surcharge on permits to defray cost of administering
electronic system.
Allows department to develop uniform building code information
standards for municipalities administering and enforcing building
inspection programs.
Declares emergency, effective on passage.
A BILL FOR AN ACT
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 Oregon:
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 455.471 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 7. { + The amendments to ORS 455.210 and 455.471 by
sections 5 and 6 of this 2007 Act become operative January 1,
2008. + }
SECTION 8. { + 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. + }
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