Relating to building inspection programs; creating new provisions; and amending ORS 455.148, 455.150, 455.


 
 
 
     74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to A-Eng. HB 2478
 
LC 1912/HB 2478-A4
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2478
 
     By COMMITTEE ON BUSINESS, TRANSPORTATION AND WORKFORCE
                           DEVELOPMENT
 
                             May 29
 
  On page 1 of the printed A-engrossed bill, line 2, after '
455.148' insert 'and 455.895'.
  After line 4, insert:
  '  { +  SECTION 1. + }  { + Sections 2 and 3 of this 2007 Act
are added to and made a part of ORS chapter 455. + }
  '  { +  SECTION 2. + }  { + The Director of the Department of
Consumer and Business Services may adopt rules establishing
uniform permit, inspection and certificate of occupancy
requirements under the state building code. The rules may
include, but need not be limited to, rules establishing standards
for building inspections and inspection procedures and rules
establishing uniform forms for certificates of occupancy. In
adopting rules under this section, the director may establish a
process for a municipality to address conditions that are unique
to the municipality's enforcement of the state building code or
that are not addressed by the rules establishing uniform permit,
inspection and certificate of occupancy requirements. + }
  '  { +  SECTION 3. + }  { + (1) As used in this section:
  ' (a) 'Public body' has the meaning given that term in ORS
174.109.
  ' (b) 'Work on a structure' means the construction,
reconstruction, alteration or repair of a structure.
  ' (2) A public body that administers and enforces a building
inspection program shall ensure that a person required to be
licensed under a provision of ORS 446.003 to 446.200, 446.225 to
446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to
446.746, 479.510 to 479.945, 479.950 and 480.510 to 480.670, this
chapter or ORS chapter 447, 460 or 693 in order to obtain a
permit for work on a structure has a current, valid license of
the type required for the permit. + } ' .
  In line 5, delete '1' and insert '4'.
  On page 4, line 7, delete '2' and insert '5'.
  On page 6, after line 28, insert:
  '  { +  SECTION 6. + } ORS 455.895 is amended to read:
  ' 455.895. (1)(a) The State Plumbing Board may impose a civil
penalty against a person as provided under ORS 447.992 and
693.992. Amounts recovered under this paragraph are subject to
ORS 693.165.
  ' (b) The Electrical and Elevator Board may impose a civil
penalty against a person as provided under ORS 479.995. Amounts
recovered under this paragraph are subject to ORS 479.850.
  ' (c) The Board of Boiler Rules may impose a civil penalty
against a person as provided under ORS 480.670. Amounts recovered
under this paragraph shall be deposited to the General Fund.
  ' (2) The Director of the Department of Consumer and Business
Services, in consultation with the appropriate board, if any, may
impose a civil penalty against any person who violates any
provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395
to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to
479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS
chapters 447, 460 and 693, or any rule adopted or order issued
for the administration and enforcement of those provisions.
Except as provided in subsections (3) { + , (4) + } and
 { - (8) - }  { +  (9) + } of this section or ORS 446.995, a
civil penalty imposed under this section must be in an amount
determined by the appropriate board or the director of not more
than $5,000 for each offense or, in the case of a continuing
offense, not more than $1,000 for each day of the offense.
  ' (3) Each violation of ORS 446.003 to 446.200 or 446.225 to
446.285, or any rule or order issued thereunder, constitutes a
separate violation with respect to each manufactured structure or
with respect to each failure or refusal to allow or perform an
act required thereby, except that the maximum civil penalty may
not exceed $1 million for any related series of violations
occurring within one year from the date of the first violation.
  '  { +  (4) The director may impose a civil penalty of not more
than $25,000 against a public body responsible for administering
and enforcing a building inspection program. As used in this
subsection, 'public body' has the meaning given that term in ORS
174.109. + }
  '  { - (4) - }  { +  (5) + } The maximum penalty established by
this section for a violation may be imposed only upon a finding
that the person has engaged in a pattern of violations. The
Department of Consumer and Business Services, by rule, shall
define what constitutes a pattern of violations. Except as
provided in subsections (1) and
  { - (9) - }  { +  (10) + } of this section, moneys received
from any civil penalty under this section are appropriated
continuously for and shall be used by the director for
enforcement and administration of provisions and rules described
in subsection (2) of this section.
  '  { - (5) - }  { +  (6) + } Civil penalties under this section
shall be imposed as provided in ORS 183.745.
  '  { - (6) - }  { +  (7) + } A civil penalty imposed under this
section may be remitted or reduced upon such terms and conditions
as the director or the appropriate board considers proper and
consistent with the public health and safety. In any judicial
review of a civil penalty imposed under this section, the court
may, in its discretion, reduce the penalty.
  '  { - (7) - }  { +  (8) + } Any officer, director, shareholder
or agent of a corporation, or member or agent of a partnership or
association, who personally participates in or is an accessory to
any violation by the partnership, association or corporation of a
provision or rule described in subsection (2) of this section is
subject to the penalties prescribed in this section.
  '  { - (8) - }  { +  (9) + } In addition to the civil penalty
set forth in subsection (1) or (2) of this section, any person
who violates a provision or rule described in subsection (2) of
this section may be required by the director or the appropriate
board to forfeit and pay to the General Fund of the State
Treasury a civil penalty in an amount determined by the director
or board that shall not exceed five times the amount by which
such person profited in any transaction that violates a provision
or rule described in subsection (2) of this section.
  '  { - (9) - }  { +  (10) + } If a civil penalty is imposed for
a violation of a provision of ORS 446.566 to 446.646 and the
violation relates to a filing or failure to file with a county
assessor functioning as agent of the department, the department,
after deducting an amount equal to the department's procedural,
collection and other related costs and expenses, shall forward
one-half of the remaining civil penalty amount to the county in
which the manufactured structure is located at the time of the
violation.'.
  In line 29, delete '3' and insert '7' and delete '1 ' and
insert '4'.
  In line 32, delete '1' and insert '4'.
  In line 35, delete '2' and insert '5'.
  In line 37, delete '4' and insert '8'.
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