75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2200
LC 794/HB 2200-3
HOUSE AMENDMENTS TO
HOUSE BILL 2200
By COMMITTEE ON BUSINESS AND LABOR
April 2
On page 1 of the printed bill, line 2, after 'ORS' insert '
455.148, 455.150,'.
On page 5, line 22, delete '480.165' and insert ' 460.165'.
On page 9, after line 39, insert:
' (4)(a) Beverage service tanks that have a product volume of
five cubic feet or less are exempt from ORS 480.510 to 480.670.
' (b) Except as provided in paragraph (c) of this subsection,
beverage service tanks that have a product volume of more than
five cubic feet are exempt from ORS 480.510 to 480.670, except as
to provisions relating to installation permits and installation
inspections. The installation permit fee for a beverage service
tank is $50.
' (c) All portable beverage tanks are exempt from ORS 480.510
to 480.670.'.
In line 40, delete '(4)' and insert '(5)'.
On page 10, line 1, delete '(5)' and insert '(6)'.
In line 20, delete '(4)' and insert '(5)'.
On page 12, delete lines 7 through 45.
On page 13, delete lines 1 through 8 and insert:
' { + SECTION 17. + } ORS 480.595 is amended to read:
' 480.595. (1) The Department of Consumer and Business Services
may adopt rules { - establishing procedures and requirements
regarding operating permits, including but not limited to the
term for which an operating permit is valid. - } { + regarding
installation permits and operating permits. The rules may
include, but need not be limited to, rules creating standardized
forms, establishing operating permit fees, establishing permit
cycles and setting terms and conditions for permit validity.
' (2) Upon timely receipt of an installation permit fee, the
department may issue an installation permit, perform an
installation inspection and issue a temporary operating
authorization. + }
' { - (2) - } { + (3) + } Upon timely receipt of an
operating permit fee, the department may issue or renew an
operating permit { + and may perform a periodic inspection if
required during the operating permit cycle + }.
' { - (3) Operating permit fees shall be prescribed by the
Board of Boiler Rules with approval of the Oregon Department of
Administrative Services, and may be prorated. - }
' { + (4) Except as provided in ORS 480.525 and 480.600,
installation permit fees are as follows:
' (a) For boilers, $175.
' (b) For pressure vessels, $125. + }
' { - (4) - } { + (5) Except as provided in ORS 480.600, + }
maximum operating permit fees { - shall be determined - } { +
per year are + } as follows:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
(aBoilers of 15 horsepower
or less $ 65
(b) Boilers greater than 15
horsepower to 100 ho$s85ower
(c) Boilers greater than 100
horsepower to 500 ho$100ower
(d) Boilers greater
than 500 horsepower $110
(e) Cast iron boilers $ 65
(f) Pressure vessels having
a product volume of
20 cubic feet or les$ 55
(g) Pressure vessels having
a product volume
greater than 20 $u75c-f}et
{ +
(aPower boilers of 15 horsepower
or less $110
(b) Other boilers of 15 horsepower
or less $ 55
(c) Power boilers greater than 15
horsepower to 100 ho$110ower
(d) Other boilers greater than 15
horsepower to 100 ho$s55ower
(e) Power boilers greater than 100
horsepower to 500 ho$110ower
(f) Other boilers greater than 100
horsepower to 500 ho$s55ower
(g) Power boilers greater
than 500 horsepower $110
(h) Other boilers greater
than 500 horsepower $ 55
(i) Notwithstanding paragraphs
(a) to (h) of this subsection,
all cast iron boiler$ 55
(j) Pressure vessels having
a product volume of
20 cubic feet or les$ 50
(k) Pressure vessels having
a product volume
greater than 20 $u50c+f}et
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
' { - (5) A reinspection fee shall be charged at the maximum
rate of $60 per hour for travel and inspection time to defray the
cost of a reinspection when deviations from the minimum safety
standards are found during any inspection. - }
' { + (6) For a reinspection, the fee is $75.
' (7) For the submission of plans and other pertinent data when
required, for each boiler or pressure vessel, the fee is $78. + }
' .
On page 16, after line 1, insert:
' { + SECTION 23. + } ORS 455.148 is amended to read:
' 455.148. (1)(a) A municipality that assumes the
administration and enforcement of a building inspection program
shall administer and enforce the program for all of the
following:
' (A) The state building code, as defined in ORS 455.010,
except as set forth in paragraph (b) of this subsection.
' (B) Manufactured structure installation requirements under
ORS 446.155, 446.185 (1) and 446.230.
' (C) Manufactured dwelling parks and mobile home parks under
ORS chapter 446.
' (D) Park and camp programs regulated under ORS 455.680.
' (E) Tourist facilities regulated under ORS 446.310 to
446.350.
' (F) Manufactured dwelling alterations regulated under ORS
446.155.
' (G) Manufactured structure accessory buildings and structures
under ORS 446.253.
' (H) Boilers and pressure vessels described in rules adopted
under ORS 480.525 { - (4) - } { + (5) + }.
' (b) A building inspection program of a municipality may not
include:
' (A) Boiler and pressure vessel programs under ORS 480.510 to
480.670 except those described in rules adopted under ORS 480.525
{ - (4) - } { + (5) + };
' (B) Elevator programs under ORS 460.005 to 460.175;
' (C) Amusement ride regulation under ORS 460.310 to 460.370;
' (D) Prefabricated structure regulation under ORS chapter 455;
' (E) Manufacture of manufactured structures programs under ORS
446.155 to 446.285, including the administration and enforcement
of federal manufactured dwelling construction and safety
standards adopted under ORS 446.155 or the National Manufactured
Housing Construction and Safety Standards Act of 1974;
' (F) Licensing and certification, or the adoption of statewide
codes and standards, under ORS chapter 446, 447, 455, 479 or 693;
or
' (G) Review of plans and specifications as provided in ORS
455.685.
' (2) A municipality that administers a building inspection
program as allowed under this section shall do so for periods of
four years. The Department of Consumer and Business Services
shall adopt rules to adjust time periods for administration of a
building inspection program to allow for variations in the needs
of the department and participants.
' (3) When a municipality administers a building inspection
program, the governing body of the municipality shall, unless
other means are already provided, appoint a person to administer
and enforce the building inspection program, who shall be known
as the building official. A building official shall, in the
municipality for which appointed, attend to all aspects of code
enforcement, including the issuance of all building permits. Two
or more municipalities may combine in the appointment of a single
building official for the purpose of administering a building
inspection program within their communities.
' (4)(a) By January 1 of the year preceding the expiration of
the four-year period described in subsection (2) of this section,
the governing body of the municipality shall notify the Director
of the Department of Consumer and Business Services and, if the
municipality is not a county, notify the county whether the
municipality will continue to administer and enforce the building
inspection program after expiration of the four-year period.
' (b) Notwithstanding the January 1 date set forth in paragraph
(a) of this subsection, the director and the municipality and, if
the municipality is not a county, the county may by agreement
extend that date to no later than March 1.
' (5) If a city does not notify the director, or notifies the
director that it will not administer the building inspection
program, the county or counties in which the city is located
shall administer and enforce the county program within the city
in the same manner as the program is administered and enforced
outside the city, except as provided by subsection (6) of this
section.
' (6) If a county does not notify the director, or notifies the
director that it will not administer and enforce a building
inspection program, the director shall contract with a
municipality or other person or use such state employees or state
agencies as are necessary to administer and enforce a building
inspection program, and permit or other fees arising therefrom
shall be paid into the Consumer and Business Services Fund
created by ORS 705.145 and credited to the account responsible
for paying the expenses thereof. A state employee may not be
displaced as a result of using contract personnel.
' (7)(a) The governing body of a municipality may commence
responsibility for the administration and enforcement of a
building inspection program beginning July 1 of any year by
notifying the director no later than January 1 of the same year
and obtaining the director's approval of an assumption plan as
described in subsection (11)(c) of this section.
' (b) Notwithstanding paragraph (a) of this subsection, a
municipality may not assume responsibility for administering and
enforcing a building inspection program within the municipality
unless:
' (A) Prior to the assumption, the municipality is subject to
ORS 455.150; or
' (B) Responsibility for the program is being assumed from the
department.
' (8) The department shall adopt rules to require the governing
body of each municipality assuming or continuing a building
inspection program under this section to submit a written plan
with the notice required under subsection (4) or (7) of this
section. If the department is the governing body, the department
shall have a plan on file. The plan must specify how cooperation
with the State Fire Marshal or a designee of the State Fire
Marshal will be achieved and how a uniform fire code will be
considered in the review process of the design and construction
phases of buildings or structures.
' (9) A municipality that administers and enforces a building
inspection program pursuant to this section shall recognize and
accept the performances of state building code activities by
businesses and persons authorized under ORS 455.457 to perform
the activities as if the activities were performed by the
municipality. A municipality is not required to accept an
inspection, a plan or a plan review that does not meet the
requirements of the state building code.
' (10) The department or a municipality that accepts an
inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for
the activities of the licensee.
' (11) In addition to the requirements of ORS 455.100 and
455.110, the director shall regulate building inspection programs
that municipalities assume on or after January 1, 2002.
Regulation under this subsection shall include but not be limited
to:
' (a) Creating building inspection program application and
amendment requirements and procedures;
' (b) Granting or denying applications for building inspection
program authority and amendments;
' (c) Requiring a municipality assuming a building inspection
program to submit with the notice given under subsection (7) of
this section an assumption plan that includes, at a minimum:
' (A) A description of the intended availability of program
services, including proposed service agreements for carrying out
the program during at least the first two years;
' (B) Demonstration of the ability and intent to provide
building inspection program services for at least two years;
' (C) An estimate of proposed permit revenue and program
operating expenses;
' (D) Proposed staffing levels; and
' (E) Proposed service levels;
' (d) Reviewing procedures and program operations of
municipalities;
' (e) Creating standards for efficient, effective, timely and
acceptable building inspection programs;
' (f) Creating standards for justifying increases in building
inspection program fees adopted by a municipality;
' (g) Creating standards for determining whether a county or
department building inspection program is economically impaired
in its ability to reasonably continue providing the program
throughout a county, if another municipality is allowed to
provide a building inspection program within the same county; and
' (h) Enforcing the requirements of this section.
' (12) The department may assume administration of a building
inspection program:
' (a) During the pendency of activities under ORS 455.770;
' (b) If a municipality abandons or is no longer able to
administer the building inspection program; and
' (c) If a municipality fails to substantially comply with any
provision of this section or of ORS 455.465, 455.467 and 455.469.
' (13) A municipality that abandons or otherwise ceases to
administer a building inspection program that the municipality
assumed under this section may not resume the administration or
enforcement of the program for at least two years. The
municipality may resume the administration and enforcement of the
abandoned program only on July 1 of an odd-numbered year. Prior
to resuming the administration and enforcement of the program,
the municipality must follow the notification procedure set forth
in subsection (7) of this section.
' { + SECTION 24. + } ORS 455.148, as amended by section 5,
chapter 549, Oregon Laws 2007, is amended to read:
' 455.148. (1)(a) A municipality that assumes the
administration and enforcement of a building inspection program
shall administer and enforce the program for all of the
following:
' (A) The state building code, as defined in ORS 455.010,
except as set forth in paragraph (b) of this subsection.
' (B) Manufactured structure installation requirements under
ORS 446.155, 446.185 (1) and 446.230.
' (C) Manufactured dwelling parks and mobile home parks under
ORS chapter 446.
' (D) Park and camp programs regulated under ORS 455.680.
' (E) Tourist facilities regulated under ORS 446.310 to
446.350.
' (F) Manufactured dwelling alterations regulated under ORS
446.155.
' (G) Manufactured structure accessory buildings and structures
under ORS 446.253.
' (H) Boilers and pressure vessels described in rules adopted
under ORS 480.525 { - (4) - } { + (5) + }.
' (b) A building inspection program of a municipality may not
include:
' (A) Boiler and pressure vessel programs under ORS 480.510 to
480.670 except those described in rules adopted under ORS 480.525
{ - (4) - } { + (5) + };
' (B) Elevator programs under ORS 460.005 to 460.175;
' (C) Amusement ride regulation under ORS 460.310 to 460.370;
' (D) Prefabricated structure regulation under ORS chapter 455;
' (E) Manufacture of manufactured structures programs under ORS
446.155 to 446.285, including the administration and enforcement
of federal manufactured dwelling construction and safety
standards adopted under ORS 446.155 or the National Manufactured
Housing Construction and Safety Standards Act of 1974;
' (F) Licensing and certification, or the adoption of statewide
codes and standards, under ORS chapter 446, 447, 455, 479 or 693;
or
' (G) Review of plans and specifications as provided in ORS
455.685.
' (2) A municipality that administers a building inspection
program as allowed under this section shall do so for periods of
four years. The Department of Consumer and Business Services
shall adopt rules to adjust time periods for administration of a
building inspection program to allow for variations in the needs
of the department and participants.
' (3) When a municipality administers a building inspection
program, the governing body of the municipality shall, unless
other means are already provided, appoint a person to administer
and enforce the building inspection program, who shall be known
as the building official. A building official shall, in the
municipality for which appointed, attend to all aspects of code
enforcement, including the issuance of all building permits. Two
or more municipalities may combine in the appointment of a single
building official for the purpose of administering a building
inspection program within their communities.
' (4)(a) By January 1 of the year preceding the expiration of
the four-year period described in subsection (2) of this section,
the governing body of the municipality shall notify the Director
of the Department of Consumer and Business Services and, if the
municipality is not a county, notify the county whether the
municipality will continue to administer and enforce the building
inspection program after expiration of the four-year period.
' (b) Notwithstanding the January 1 date set forth in paragraph
(a) of this subsection, the director and the municipality and, if
the municipality is not a county, the county may by agreement
extend that date to no later than March 1.
' (5) If a city does not notify the director, or notifies the
director that it will not administer the building inspection
program, the county or counties in which the city is located
shall administer and enforce the county program within the city
in the same manner as the program is administered and enforced
outside the city, except as provided by subsection (6) of this
section.
' (6) If a county does not notify the director, or notifies the
director that it will not administer and enforce a building
inspection program, the director shall contract with a
municipality or other person or use such state employees or state
agencies as are necessary to administer and enforce a building
inspection program, and permit or other fees arising therefrom
shall be paid into the Consumer and Business Services Fund
created by ORS 705.145 and credited to the account responsible
for paying the expenses thereof. A state employee may not be
displaced as a result of using contract personnel.
' (7) The governing body of a municipality may commence
responsibility for the administration and enforcement of a
building inspection program beginning July 1 of any year by
notifying the director no later than January 1 of the same year
and obtaining the director's approval of an assumption plan as
described in subsection (11)(c) of this section.
' (8) The department shall adopt rules to require the governing
body of each municipality assuming or continuing a building
inspection program under this section to submit a written plan
with the notice required under subsection (4) or (7) of this
section. If the department is the governing body, the department
shall have a plan on file. The plan must specify how cooperation
with the State Fire Marshal or a designee of the State Fire
Marshal will be achieved and how a uniform fire code will be
considered in the review process of the design and construction
phases of buildings or structures.
' (9) A municipality that administers and enforces a building
inspection program pursuant to this section shall recognize and
accept the performances of state building code activities by
businesses and persons authorized under ORS 455.457 to perform
the activities as if the activities were performed by the
municipality. A municipality is not required to accept an
inspection, a plan or a plan review that does not meet the
requirements of the state building code.
' (10) The department or a municipality that accepts an
inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for
the activities of the licensee.
' (11) In addition to the requirements of ORS 455.100 and
455.110, the director shall regulate building inspection programs
that municipalities assume on or after January 1, 2002.
Regulation under this subsection shall include but not be limited
to:
' (a) Creating building inspection program application and
amendment requirements and procedures;
' (b) Granting or denying applications for building inspection
program authority and amendments;
' (c) Requiring a municipality assuming a building inspection
program to submit with the notice given under subsection (7) of
this section an assumption plan that includes, at a minimum:
' (A) A description of the intended availability of program
services, including proposed service agreements for carrying out
the program during at least the first two years;
' (B) Demonstration of the ability and intent to provide
building inspection program services for at least two years;
' (C) An estimate of proposed permit revenue and program
operating expenses;
' (D) Proposed staffing levels; and
' (E) Proposed service levels;
' (d) Reviewing procedures and program operations of
municipalities;
' (e) Creating standards for efficient, effective, timely and
acceptable building inspection programs;
' (f) Creating standards for justifying increases in building
inspection program fees adopted by a municipality;
' (g) Creating standards for determining whether a county or
department building inspection program is economically impaired
in its ability to reasonably continue providing the program
throughout a county, if another municipality is allowed to
provide a building inspection program within the same county; and
' (h) Enforcing the requirements of this section.
' (12) The department may assume administration of a building
inspection program:
' (a) During the pendency of activities under ORS 455.770;
' (b) If a municipality abandons or is no longer able to
administer the building inspection program; and
' (c) If a municipality fails to substantially comply with any
provision of this section or of ORS 455.465, 455.467 and 455.469.
' (13) A municipality that abandons or otherwise ceases to
administer a building inspection program that the municipality
assumed under this section may not resume the administration or
enforcement of the program for at least two years. The
municipality may resume the administration and enforcement of the
abandoned program only on July 1 of an odd-numbered year. Prior
to resuming the administration and enforcement of the program,
the municipality must follow the notification procedure set forth
in subsection (7) of this section.
' { + SECTION 25. + } ORS 455.150 is amended to read:
' 455.150. (1) Except as provided in subsection (14) of this
section, a municipality that assumes the administration and
enforcement of a building inspection program prior to January 1,
2002, may administer and enforce all or part of a building
inspection program. A building inspection program:
' (a) Is a program that includes the following:
' (A) The state building code, as defined in ORS 455.010,
except as set forth in paragraph (b) of this subsection.
' (B) Manufactured structure installation requirements under
ORS 446.155, 446.185 (1) and 446.230.
' (C) Manufactured dwelling parks and mobile home parks under
ORS chapter 446.
' (D) Park and camp programs regulated under ORS 455.680.
' (E) Tourist facilities regulated under ORS 446.310 to
446.350.
' (F) Manufactured dwelling alterations regulated under ORS
446.155.
' (G) Manufactured structure accessory buildings and structures
under ORS 446.253.
' (H) Boilers and pressure vessels described in rules adopted
under ORS 480.525 { - (4) - } { + (5) + }.
' (b) Is not a program that includes:
' (A) Boiler and pressure vessel programs under ORS 480.510 to
480.670 except those described in rules adopted under ORS 480.525
{ - (4) - } { + (5) + };
' (B) Elevator programs under ORS 460.005 to 460.175;
' (C) Amusement ride regulation under ORS 460.310 to 460.370;
' (D) Prefabricated structure regulation under ORS chapter 455;
' (E) Manufacture of manufactured structures programs under ORS
446.155 to 446.285, including the administration and enforcement
of federal manufactured dwelling construction and safety
standards adopted under ORS 446.155 or the National Manufactured
Housing Construction and Safety Standards Act of 1974;
' (F) Licensing and certification, or the adoption of statewide
codes and standards, under ORS chapter 446, 447, 455, 479 or 693;
and
' (G) Review of plans and specifications as provided in ORS
455.685.
' (2) A municipality that administers a building inspection
program as allowed under this section shall do so for periods of
four years. The Department of Consumer and Business Services
shall adopt rules to adjust time periods for administration of a
building inspection program to allow for variations in the needs
of the department and participants.
' (3) When a municipality administers a building inspection
program, the governing body of the municipality shall, unless
other means are already provided, appoint a person to administer
and enforce the building inspection program or parts thereof, who
shall be known as the building official. A building official
shall, in the municipality for which appointed, attend to all
aspects of code enforcement, including the issuance of all
building permits. Two or more municipalities may combine in the
appointment of a single building official for the purpose of
administering a building inspection program within their
communities.
' (4)(a) By January 1 of the year preceding the expiration of
the four-year period described in subsection (2) of this section,
the governing body of the municipality shall notify the Director
of the Department of Consumer and Business Services and, if not a
county, notify the county whether the municipality will continue
to administer the building inspection program, or parts thereof,
after expiration of the four-year period. If parts of a building
inspection program are to be administered and enforced by a
municipality, the parts shall correspond to a classification
designated by the director as reasonable divisions of work.
' (b) Notwithstanding the January 1 date set forth in paragraph
(a) of this subsection, the director and the municipality and, if
the municipality is not a county, the county may by agreement
extend that date to no later than March 1.
' (5) If a city does not notify the director, or notifies the
director that it will not administer certain specialty codes or
parts thereof under the building inspection program, the county
or counties in which the city is located shall administer and
enforce those codes or parts thereof within the city in the same
manner as it administers and enforces them outside the city,
except as provided by subsection (6) of this section.
' (6) If a county does not notify the director, or notifies the
director that it will not administer and enforce certain
specialty codes or parts thereof under the building inspection
program, the director shall contract with a municipality or other
person or use such state employees or state agencies as are
necessary to administer and enforce those codes or parts thereof,
and permit or other fees arising therefrom shall be paid into the
Consumer and Business Services Fund created by ORS 705.145 and
credited to the account responsible for paying such expenses. A
state employee may not be displaced as a result of using contract
personnel.
' (7) If a municipality administering a building inspection
program under this section seeks to administer additional parts
of a program, the municipality must comply with ORS 455.148,
including the requirement that the municipality administer and
enforce all aspects of the building inspection program.
Thereafter, the municipality is subject to ORS 455.148 and ceases
to be subject to this section.
' (8) The department shall adopt rules to require the governing
body of each municipality to submit a written plan with the
notice required under subsection (4) of this section. If the
department is the governing body, the department shall have a
plan on file. The plan shall specify how cooperation with the
State Fire Marshal or a designee of the State Fire Marshal will
be achieved and how a uniform fire code will be considered in the
review process of the design and construction phases of buildings
or structures.
' (9) A municipality that administers a code for which persons
or businesses are authorized under ORS 455.457 to perform
activities shall recognize and accept those activities as if
performed by the municipality. A municipality is not required to
accept an inspection, a plan or a plan review that does not meet
the requirements of the state building code.
' (10) The department or a municipality that accepts an
inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for
the activities of the licensee.
' (11) In addition to the requirements of ORS 455.100 and
455.110, the director shall regulate building inspection programs
of municipalities assumed prior to January 1, 2002. Regulation
under this subsection shall include but not be limited to:
' (a) Creating building inspection program application and
amendment requirements and procedures;
' (b) Granting or denying applications for building inspection
program authority and amendments;
' (c) Reviewing procedures and program operations of
municipalities;
' (d) Creating standards for efficient, effective, timely and
acceptable building inspection programs;
' (e) Creating standards for justifying increases in building
inspection program fees adopted by a municipality;
' (f) Creating standards for determining whether a county or
department building inspection program is economically impaired
in its ability to reasonably continue providing the program or
part of the program throughout a county, if another municipality
is allowed to provide a building inspection program or part of a
program within the same county; and
' (g) Enforcing the requirements of this section.
' (12) The department may assume administration of a building
inspection program:
' (a) During the pendency of activities under ORS 455.770;
' (b) If a municipality abandons any part of the building
inspection program or is no longer able to administer the
building inspection program; and
' (c) If a municipality fails to substantially comply with any
provision of this section or of ORS 455.465, 455.467 and 455.469.
' (13) If a municipality abandons or otherwise ceases to
administer all or part of a building inspection program described
in this section, the municipality may not resume the
administration and enforcement of the abandoned program or part
of a program for at least two years. The municipality may resume
the administration and enforcement of the abandoned program or
part of a program only on July 1 of an odd-numbered year. To
resume the administration and enforcement of the abandoned
program or part of a program, the municipality must comply with
ORS 455.148, including the requirement that the municipality
administer and enforce all aspects of the building inspection
program. Thereafter, the municipality is subject to ORS 455.148
and ceases to be subject to this section.
' (14) A municipality that administers and enforces a building
inspection program under this section shall include in the
program the inspection of boilers and pressure vessels described
in subsection (1)(a)(H) of this section.'.
In line 2, delete '23' and insert '26'.
In line 3, delete '24' and insert '27'.
----------