75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 3462
 
LC 3668/HB 3462-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3462
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                              May 4
 
  On page 1 of the printed bill, line 2, after 'personnel '
insert '; creating new provisions; and amending ORS 455.220,
455.715, 455.735 and 455.740'.
  Delete lines 4 through 30 and delete page 2 and insert:
  '  { +  SECTION 1. + }  { + Section 2 of this 2009 Act is added
to and made a part of ORS 455.715 to 455.740. + }
  '  { +  SECTION 2. + }  { + (1) The Director of the Department
of Consumer and Business Services, with the advice of the
appropriate advisory boards, may adopt rules establishing one or
more programs to train, qualify and certify an individual as a
specialized building inspector authorized to enforce portions of
specialty codes.  Notwithstanding ORS 455.720 (1) and 455.725,
the rules may include, but need not be limited to, rules that
establish:
  ' (a) Work experience, training and other qualifications for
program participation;
  ' (b) Content and presentation requirements for training
programs;
  ' (c) Methods for verifying the qualification of the individual
to enforce portions of specialty codes as a specialized building
inspector certified under this section;
  ' (d) The portions of various specialty codes that each program
will enable a qualifying individual to enforce and any terms,
conditions or classifications applicable for that enforcement;
and
  ' (e) Requirements the director believes reasonable for the
administration and enforcement of this section.
  ' (2) Notwithstanding ORS 446.250, 455.630, 455.720, 455.725,
479.530, 479.810 and 479.855, the director may issue or cause to
be issued a certificate as a specialized building inspector to an
individual who successfully completes an approved training
program and satisfies qualification verification under this
section.
  ' (3) An individual certified as a specialized building
inspector under this section may conduct inspections and enforce
portions of specialty codes under ORS 479.510 to 479.945 and
479.950 and this chapter and ORS chapters 446, 447 and 693 as
identified by the director. The enforcement of portions of
specialty codes by a specialized building inspector is subject to
any terms, conditions or classifications applicable to that
enforcement established by the director by rule. + }
  '  { +  SECTION 3. + }  { + (1) Section 2 of this 2009 Act is
repealed January 2, 2016.
  ' (2) Notwithstanding the repeal of section 2 of this 2009 Act
by subsection (1) of this section, unless suspended or revoked, a
certificate issued under section 2 of this 2009 Act that is in
effect on January 2, 2016, shall continue in effect until the
earlier of:
  ' (a) The expiration of the certificate term; or
  ' (b) January 2, 2018. + }
  '  { +  SECTION 4. + } ORS 455.220 is amended to read:
  ' 455.220. (1) There is hereby imposed a surcharge in the
amount of one percent of the total building 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 in
connection with the construction of, or addition or alteration
to, buildings and equipment or appurtenances. Up to one-half of
the surcharge collected under this subsection may be used to fund
the activities described in ORS 455.042 and 455.046. The
remainder of the surcharge collected under this subsection shall
be used for the purpose of defraying the costs of training and
other educational programs administered by the Department of
Consumer and Business Services under this chapter.
  ' (2) Permit surcharges shall be collected by each municipality
and remitted to the Director of the Department of Consumer and
Business Services. Each municipality having a population greater
than 40,000 shall, on a monthly basis, prepare and submit to the
director a report of permits and certificates issued in each
class or category and fees and surcharges thereon collected
during the month, together with other statistical information as
required by the director concerning construction activity
regulated by the parts of the state building code administered by
the municipality. All other municipalities shall submit a report
described in this subsection on a quarterly basis.  The report
shall be in a form prescribed by the director and shall be
submitted, together with a remittance covering the surcharges
collected, by no later than the 15th day following the month or
quarter in which the surcharges are collected.
  ' (3)(a) All surcharges and other fees prescribed by ORS
455.010 to 455.240 and 455.410 to 455.740 and payable to the
department, except fees received under ORS 455.148 (6) or 455.150
(6), shall be deposited by the director in the Consumer and
Business Services Fund created by ORS 705.145.
  ' (b) Notwithstanding subsection (1) of this section, the
surcharge imposed under subsection (1) of this section for
permits established under ORS 446.062 (3), 446.176, 446.405 (2),
446.430 (2) and 455.170 (2) shall be deposited in the Consumer
and Business Services Fund established under ORS 705.145 and is
continuously appropriated to the department for use as provided
in ORS 446.423.
  ' (4)  { + Except as provided in subsection (5) of this
section, + } the director shall administer training and other
education programs under this chapter through contracts with
local educational institutions, professional associations or
other training providers.
  '  { +  (5) The director may:
  ' (a) Arrange for the department to offer training and other
education programs for building officials and building
inspectors; or
  ' (b) Arrange for local educational institutions, professional
associations or other training providers to offer training and
other education programs for building officials and building
inspectors. A contract between the director and a training
provider under this paragraph is subject to ORS 279B.235, but is
otherwise exempt from ORS chapters 279A and 279B and ORS 279C.100
to 279C.125 and 279C.300 to 279C.470. + }
  '  { +  SECTION 5. + } ORS 455.715 is amended to read:
  ' 455.715. As used in ORS 455.715 to 455.740, unless the
context otherwise requires:
  ' (1) 'Building official' means a person charged by a
municipality with responsibility for administration and
enforcement of the state building code in the municipality.
  ' (2) 'Business of providing prefabricated structure plan
approvals and inspections' means an independent contractor
providing prefabricated structure plan approval or inspection
 
services, or both, under the following specialty codes, as
provided in ORS 455.020, 455.705 and 455.715:
  ' (a) Structural;
  ' (b) Mechanical;
  ' (c) Plumbing;
  ' (d) Electrical; and
  ' (e) Low-rise residential dwelling.
  ' (3) 'Inspector' means:
  ' (a) A person, including a plans examiner, acting under the
authority and direction of a building official and charged with
the responsibility of routine enforcement of any specialty code;
  { - or - }
  ' (b) A person, including a plans examiner, who provides
enforcement of any specialty code, who is personally in the
business of providing prefabricated structure plan approvals or
inspections or is employed by such a business  { - . - }  { + ;
or
  ' (c) A specialized building inspector certified under section
2 of this 2009 Act. + }
  '  { +  SECTION 6. + } ORS 455.715, as amended by section 5 of
this 2009 Act, is amended to read:
  ' 455.715. As used in ORS 455.715 to 455.740, unless the
context otherwise requires:
  ' (1) 'Building official' means a person charged by a
municipality with responsibility for administration and
enforcement of the state building code in the municipality.
  ' (2) 'Business of providing prefabricated structure plan
approvals and inspections' means an independent contractor
providing prefabricated structure plan approval or inspection
services, or both, under the following specialty codes, as
provided in ORS 455.020, 455.705 and 455.715:
  ' (a) Structural;
  ' (b) Mechanical;
  ' (c) Plumbing;
  ' (d) Electrical; and
  ' (e) Low-rise residential dwelling.
  ' (3) 'Inspector' means:
  ' (a) A person, including a plans examiner, acting under the
authority and direction of a building official and charged with
the responsibility of routine enforcement of any specialty code;
 { +  or + }
  ' (b) A person, including a plans examiner, who provides
enforcement of any specialty code, who is personally in the
business of providing prefabricated structure plan approvals or
inspections or is employed by such a business { + . + }  { - ;
or - }
  '  { - (c) A specialized building inspector certified under
section 2 of this 2009 Act. - }
  '  { +  SECTION 7. + } ORS 455.735 is amended to read:
  ' 455.735. (1)  { + The Director of the Department of Consumer
and Business Services may issue certificates for building
officials and building inspectors under ORS 455.715 to 455.740.
  ' (2)  + }Any person desiring   { - to be certified - }  { +
issuance of an initial certificate + } as a building official or
inspector   { - pursuant to ORS 455.715 to 455.740 - }  shall
make application to the director
  { - of the Department of Consumer and Business Services - }
upon such forms as the director may prescribe for such
purpose { +  and pay an application fee + }.
  '  { - (2)(a) Each person applying for certification pursuant
to this section shall pay a fee of $22. - }
  '  { - (b) - }  { +  (3) + }   { - In the event - }  { +
If + } the director requires, by rule, an applicant for a
particular certification to pass an examination prepared by a
national organization, the applicant shall pay in addition to the
fee required in   { - paragraph (a) of this - }  subsection  { +
(2) of this section + }, the cost of the examination. { +  If the
director requires an applicant for certification to pass an
examination administered by the Department of Consumer and
Business Services, the department may charge the applicant an
examination administration fee. + }
  '  { - (3) - }  { +  (4) + } Upon determining that the
applicant is qualified under ORS 455.715 to 455.740, the director
shall issue a certificate or cause a certificate to be issued to
the applicant.
  '  { +  (5) A certificate issued under this section shall be
valid for a term established by the department by rule. An
applicant for renewal of a certificate shall submit an
application on a form approved by the director and pay a renewal
application fee.
  ' (6) The department may adopt rules establishing certificate
renewal requirements and establishing reasonable fees under this
section.
  ' (7) The department may charge fees for participation in
specialized building inspector training programs approved or
established by the department. + }
  '  { +  SECTION 8. + } ORS 455.735, as amended by section 7 of
this 2009 Act, is amended to read:
  ' 455.735. (1) The Director of the Department of Consumer and
Business Services may issue certificates for building officials
and building inspectors under ORS 455.715 to 455.740.
  ' (2) Any person desiring issuance of an initial certificate as
a building official or inspector shall make application to the
director upon such forms as the director may prescribe for such
purpose and pay an application fee.
  ' (3) If the director requires, by rule, an applicant for a
particular certification to pass an examination prepared by a
national organization, the applicant shall pay in addition to the
fee required in subsection (2) of this section, the cost of the
examination. If the director requires an applicant for
certification to pass an examination administered by the
Department of Consumer and Business Services, the department may
charge the applicant an examination administration fee.
  ' (4) Upon determining that the applicant is qualified under
ORS 455.715 to 455.740, the director shall issue a certificate or
cause a certificate to be issued to the applicant.
  ' (5) A certificate issued under this section shall be valid
for a term established by the department by rule. An applicant
for renewal of a certificate shall submit an application on a
form approved by the director and pay a renewal application fee.
  ' (6) The department may adopt rules establishing certificate
renewal requirements and establishing reasonable fees under this
section.
  '  { - (7) The department may charge fees for participation in
specialized building inspector training programs approved or
established by the department. - }
  '  { +  SECTION 9. + } ORS 455.740 is amended to read:
  ' 455.740. (1)   { - The Director of the Department of Consumer
and Business Services may, upon notice and hearing, suspend or
revoke the certification of any building official or inspector
when it appears to the director by competent evidence that the
building official or inspector: - }  { +  Subject to ORS chapter
183, the Director of the Department of Consumer and Business
Services may deny, condition, suspend, revoke or refuse to renew
a certificate of a building official or inspector if the director
finds that the building official or inspector has: + }
  ' (a)   { - Has - }  Consistently failed to act in the public
interest in the performance of duties;
  ' (b) Failed to complete the continuing education requirements
as required under ORS 455.720 (4);   { - or - }
  ' (c) Provided false information to the department  { - . - }
 { + ; or
  ' (d) Committed an act described in ORS 455.125 or 455.129. + }
  ' (2) In any revocation proceeding under this section, the
municipality that employs the building official or inspector
shall be entitled to appear as a party in interest, either for or
against the revocation.
  ' (3) When a certification is suspended or revoked under this
section, the director may also suspend, deny or place conditions
on that person's right to reapply for certification under ORS
455.735 for a period not to exceed 12 months.
  ' (4)   { - Nothing in - }  This section   { - shall be
construed to - }  { +  does not + } limit or otherwise affect the
authority of a municipality to dismiss or suspend a building
official or inspector at   { - its - }  { +  the + }
discretion { +  of the municipality + }.
  ' (5) Notwithstanding the requirements of subsections (1) to
(4) of this section, the director may adopt rules   { - which - }
 { +  that + }:
  ' (a) Allow certifications to be placed on inactive status; and
  ' (b) Extend continuing education compliance requirements in
case of illness or hardship.
  '  { +  SECTION 10. + }  { + The amendments to ORS 455.715 and
455.735 by sections 6 and 8 of this 2009 Act become operative
January 2, 2018. + } ' .
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