Chapter 1082 Oregon Laws 1999

Session Law

AN ACT

SB 512

Relating to building code administration in tri-county area; creating new provisions; amending ORS 455.020, 455.210, 455.220, 455.345 and 479.155; repealing sections 3 and 4, chapter 518, Oregon Laws 1999 (Enrolled Senate Bill 577); appropriating money; limiting expenditures; and declaring an emergency.

Whereas vibrant industrial, commercial and residential construction markets in Clackamas, Multnomah and Washington Counties are essential to economic development and the well-being of Oregon citizens; and

Whereas unreasonable delays in construction projects can jeopardize the expansion of the Oregon economy; and

Whereas consistent administration of Oregon's building code requirements is difficult to achieve because 32 different governing bodies within Clackamas, Multnomah and Washington Counties apply these requirements; and

Whereas prompt resolution of issues related to the administration of Oregon's building code requirements will provide for the consistent application of these requirements so that construction projects can be completed on time and within budget; and

Whereas timely administration of state certification requirements for inspectors will assist local governments in meeting the needs of the construction industry; and

Whereas a Tri-County Building Industry Service Board will be created for Clackamas, Multnomah and Washington Counties to achieve consistent administration of Oregon's building code requirements in those counties; now, therefore,

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) There is established within the Department of Consumer and Business Services the Tri-County Building Industry Service Board. The board is established for the purpose of developing uniform practices and procedures for the building and construction industries in Clackamas, Multnomah and Washington Counties. The board shall consist of 13 members experienced in the building and construction industries or in the administration of the state building code. Members shall be appointed by the Governor and shall include the following:

(a) A representative of county building officials;

(b) A representative of city building officials;

(c) An elected city official;

(d) An elected county official;

(e) A representative of general contractors;

(f) A representative of residential contractors;

(g) A representative of plumbing and mechanical contractors;

(h) A representative of electrical contractors;

(i) A representative of labor organizations within the construction trades;

(j) A representative of fire protection agencies;

(k) A representative of building owners and managers;

(L) A representative of architects and engineers; and

(m) One member of the public.

(2) A person appointed to the board must work or reside in Clackamas, Multnomah or Washington County or a city located within one of those counties.

(3) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on the first day of the month next following appointment. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) The board shall select one of its members as chairperson and another as vice chairperson for such terms and with such duties and powers as are necessary for the performance of the functions of such offices as the board determines.

(5) A majority of the members of the board constitutes a quorum for the transaction of business.

(6) The board shall meet at least once every three months at a place, day and hour determined by the board. The board also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the board.

(7)(a) The board may establish such advisory and technical committees as it considers necessary to aid and advise the board in the performance of its functions. The committees may be continuing or temporary committees. The board shall determine the representation, membership, terms and organization of the committees and shall appoint their members.

(b) Members of advisory and technical committees are not entitled to compensation but, at the discretion of the board, may be reimbursed from funds available to the board for actual and necessary travel and other expenses incurred by them in the performance of their official duties, subject to ORS 292.495.

SECTION 2. Notwithstanding the term of office specified by section 1 of this 1999 Act, of the members first appointed to the Tri-County Building Industry Service Board:

(1) Four shall serve for a term ending June 30, 2000.

(2) Four shall serve for a term ending June 30, 2001.

(3) Five shall serve for a term ending June 30, 2002.

SECTION 3. (1) The Tri-County Building Industry Service Board shall establish a Tri-County Building Industry Service Center to make available to licensed contractors and their employees, local governments and the public the resources and services described in section 4 of this 1999 Act. The Department of Consumer and Business Services shall provide staff to support the activities of the service center. Staff shall be considered public employees for purposes of the State Personnel Relations Law.

(2) In accordance with ORS 183.310 to 183.550, the board shall adopt rules necessary for enforcing the laws that the board is charged with administering.

(3) With the approval of the Director of the Department of Consumer and Business Services, the board may adopt by rule a reasonable fee schedule for the purpose of recovering the costs incurred by the board and the service center in providing services under section 4 of this 1999 Act. Fees adopted and imposed under this section shall be in addition to the total permit fees otherwise imposed in Clackamas, Multnomah and Washington Counties. A municipality shall collect fees adopted and imposed under this section and remit the fees to the director. The director shall deposit the fees in the Tri-County Building Industry Service Center Account established under section 7 of this 1999 Act.

SECTION 4. The Tri-County Building Industry Service Board shall:

(1) Develop and administer an installation label program for minor installations under the state building code, including but not limited to electrical installations under ORS 455.627, 479.540 and 479.570 and plumbing installations under ORS 447.076;

(2) Develop standard application forms and procedures for use by municipalities in Clackamas, Multnomah and Washington Counties when issuing structural, mechanical, electrical, plumbing and other permits when such permits do not require a review of building plans;

(3) Develop standard application forms and procedures for issuing building permits and recording inspections;

(4) Develop standard forms and procedures for reviewing building plans;

(5) Establish standardized criteria and methodology for determining fee amounts for permits that are required under the state building code established under ORS 455.030;

(6) Maintain and make available to the public the names of persons certified to review building plans;

(7) Maintain and make available to the public the names of persons certified to perform technical inspections;

(8) Review the qualifications of persons applying for licensing or certification as an inspector in Clackamas, Multnomah and Washington Counties under any specialty code adopted under ORS 455.030. Notwithstanding ORS 455.737, the board may certify a person as eligible to sit for examination required under ORS chapter 446, 447, 455, 460, 479 or 480. Nothing in this subsection affects the minimum qualifications for licensing, certification or registration under ORS chapter 446, 447, 455, 460, 479 or 480. Examinations and other testing for persons applying for licensing, certification or registration under one or more of the specialty codes shall be conducted as provided under the laws and regulations relating to each specialty code;

(9) Develop and make available appropriate training for persons to review building plans and perform inspections;

(10) Administer prepaid permit cost accounts;

(11) Establish within the Tri-County Building Industry Service Center sufficient resources to assist local building officials in interpreting the state building code;

(12) Establish a process to facilitate consistent application of the state building code for the geographical jurisdiction covered by the board; and

(13) Develop a process for resolving disputes between local building officials and contractors or developers regarding site-specific application of one or more provisions of the state building code.

SECTION 5. In accordance with the applicable provisions of ORS 183.310 to 183.550, the Tri-County Building Industry Service Board, with the approval of the Director of the Department of Consumer and Business Services, may adopt rules necessary for the implementation of sections 1, 3, 4 and 8 of this 1999 Act.

SECTION 6. The Tri-County Building Industry Service Board shall:

(1) Adopt rules implementing section 4 (1) to (7) of this 1999 Act not later than July 1, 2000;

(2) Adopt rules implementing section 4 (8) to (10) of this 1999 Act not later than January 1, 2001; and

(3) Adopt rules implementing section 4 (11) to (13) of this 1999 Act not later than July 1, 2001.

SECTION 7. (1) The Tri-County Building Industry Service Center Account is established within the Consumer and Business Services Fund, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account.

(2) The account shall consist of:

(a) Funds received under ORS 455.210 (6);

(b) Funds received under ORS 455.220 (4);

(c) Funds received from fees adopted pursuant to section 3 of this 1999 Act; and

(d) Grant moneys, contributions and all other funds received into the account.

(3) All moneys in the Tri-County Building Industry Service Center Account are continuously appropriated to the Tri-County Building Industry Service Board and shall be used for the purposes authorized by law.

SECTION 8. The Director of the Department of Consumer and Business Services shall conduct a review of the building inspection program of each municipality in Clackamas, Multnomah and Washington Counties under ORS 455.150 (9). The results of the review shall be made immediately available to the Tri-County Building Industry Service Board upon completion of the review. Based on the results of the review, the board may recommend to the department that the department take such action as the board determines necessary to ensure the effective and efficient administration of the state building code.

SECTION 9. 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 shall not exceed 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 shall not be 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, for the types of permits described in subsection (1) of this section, adopt by ordinance or regulation such fees as may be necessary and reasonable to provide for the administration and enforcement of the structural code, mechanical code or One and Two Family Dwelling Code for which the municipality has assumed responsibility under ORS 455.150.

(b) Ten or more persons or an association with 10 or more members may, within 30 days of the adoption of a fee under paragraph (a) of this subsection, appeal the fee to the Director of the Department of Consumer and Business Services. Within 60 days of the receipt of the appeal, the director shall, after notice to affected parties and hearing, review the municipality's costs of administering and enforcing the specialty code or codes referred to in paragraph (a) of this subsection and approve the fee if the director feels it is necessary and reasonable. If the director does not approve the fee upon appeal, the fee shall not be effective. The appeal process provided in this paragraph shall 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 only for the administration and enforcement of the specialty code or codes referred to in paragraph (a) of this subsection for which they were adopted.

(4) Notwithstanding any other provision of ORS 455.010 to 455.315 and 455.410 to 455.740, for the purpose of partially defraying state administrative costs, there is hereby imposed a surcharge in the amount of two percent of the total permit fees collected. Municipalities shall collect and remit to the director as provided in ORS 455.220.

(5) Notwithstanding any other provisions of ORS 455.010 to 455.315 and 455.410 to 455.740, 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 collected. Municipalities shall collect and remit to the director as provided in ORS 455.220.

(6) Notwithstanding any other provision of ORS 455.010 to 455.315 and 455.410 to 455.740 and in addition to the surcharges imposed under subsections (4) and (5) of this section, for the purpose of partially defraying administration and operation costs of the Tri-County Building Industry Service Center, there is hereby imposed a surcharge not to exceed one percent of the total permit fees collected in Clackamas, Multnomah and Washington Counties. Municipalities shall collect and remit surcharges to the director as provided in ORS 455.220.

[(6)] (7) The director shall adopt administrative rules to allow reduced fees for review of plans [which] that have been previously reviewed.

SECTION 10. ORS 455.220 is amended to read:

455.220. (1) 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 there is hereby imposed a surcharge in the amount of one percent of the total building permit fees collected in connection with the construction of, or addition or alteration to, buildings and equipment or appurtenances.

(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 such a report on a quarterly basis. The report, which shall be in a form prescribed by the director, 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) Except as provided in subsection (4) of this section, 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 455.150 (6), shall be deposited by the director in the Consumer and Business Services Fund created by ORS 705.145.

(4)(a) From the amount appropriated biennially to the department from the account created under ORS 705.145 for the purpose of defraying the costs of training and other educational programs under subsection (1) of this section, the director shall transfer to the Tri-County Building Industry Service Center Account established under section 7 of this 1999 Act an amount not to exceed one-half of the biennial appropriation.

(b) The director shall deposit funds received under ORS 455.210 (6) in the Tri-County Building Industry Service Center Account established under section 7 of this 1999 Act.

(5) The director shall administer training and other education programs under this chapter through contracts with local educational institutions, professional associations or other training providers.

SECTION 10a. If Senate Bill 577 becomes law, sections 3 and 4, chapter 518, Oregon Laws 1999 (Enrolled Senate Bill 577) (amending ORS 455.220), are repealed and ORS 455.220, as amended by section 10 of this 1999 Act, is amended to read:

(3)(a) Except as provided in subsection (4) of this section, 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 455.150 (6), shall be deposited by the director in the Consumer and Business Services Fund created by ORS 705.145.

(b) Notwithstanding subsection (4)(a) of this section, the training 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 Manufactured Structures and Parks Education Account of the Consumer and Business Services Fund established under ORS 705.145.

(b) The director shall deposit funds received under ORS 455.210 (6) in the Tri-County Building Industry Service Center Account established under section 7 of this 1999 Act.

(5) The director shall administer training and other education programs under this chapter through contracts with local educational institutions, professional associations or other training providers.

SECTION 11. ORS 455.020 is amended to read:

455.020. (1) This chapter is enacted to enable the Director of the Department of Consumer and Business Services to promulgate a state building code to govern the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein, and to require the correction of unsafe conditions caused by earthquakes in existing buildings. The state building code shall establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort and security of the residents of this state who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation.

(2) The regulations adopted pursuant to this chapter shall include structural standards; standards for the installation and use of mechanical, heating and ventilating devices and equipment; and standards for prefabricated structures; and shall, subject to ORS 455.210 [(1) to (5)], prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review services by the Department of Consumer and Business Services.

(3) This chapter does not affect the statutory jurisdiction and authority of the Workers' Compensation Board, under ORS chapter 654, to promulgate occupational safety and health standards relating to places of employment, and to administer and enforce all state laws, regulations, rules, standards and lawful orders requiring places of employment to be safe and healthful.

(4) This chapter and any specialty code does not limit the authority of a municipality to enact regulations providing for local administration of the state building code; local appeal boards; fees and other charges; abatement of nuisances and dangerous buildings; enforcement through penalties, stop-work orders or other means; or minimum health, sanitation and safety standards for governing the use of structures for housing, except where the power of municipalities to enact any such regulations is expressly withheld by statute. Pursuant to the regulation of dangerous buildings, a municipality may adopt seismic rehabilitation plans that provide for phased completion of repairs that are designed to provide improved life safety but that may be less than the standards for new buildings.

SECTION 12. ORS 455.345 is amended to read:

455.345. (1) Permit, fee, plan check and inspection requirements required by ORS 455.210 [(1) to (5)] shall apply to owner-built dwellings and outbuildings exempted from the structural code under ORS 455.330.

(2) Building officials inspecting structures exempted from the structural code under ORS 455.325 to 455.350, shall:

(a) Require the owner-builder to comply with those structural code requirements listed under ORS 455.340; and

(b) Inform the owner-builder in writing of those items which fail to comply with code standards and are exempt from code standards and make that information part of the permanent inspection record on the structures.

(3) An owner-builder of a structure exempted from the structural code under ORS 455.325 to 455.350 shall file a notice with the county clerk who shall make the notice a part of the permanent deed record of the property. That notice shall contain the information provided to the owner-builder under subsection (2)(b) of this section and a description of the property sufficient if it were contained in a mortgage of the property to give constructive notice of the mortgage under the law of this state.

(4) Any person, or that person's agent, selling an owner-built dwelling or outbuilding exempted from the structural code under ORS 455.325 to 455.350 shall notify each potential buyer of the existence, location and contents of the notice filed under subsection (3) of this section prior to any commitment to purchase the property.

SECTION 13. ORS 479.155 is amended to read:

479.155. (1) As used in this section, "director" means the Director of the Department of Consumer and Business Services.

(2) Prior to construction or alteration of a hospital, public building as defined in ORS 479.010 (1), public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210, or any other building or structure regulated by the State Fire Marshal for use and occupancy or requiring approval by the State Fire Marshal pursuant to statute, the owner shall submit to the director two copies of a plan or sketch showing the location of the building or structure with relation to the premises, distances, lengths and details of construction as the director shall require. Such filing shall not be required with respect to any such building or structure in any area exempted by order of the State Fire Marshal pursuant to ORS 476.030. Approval of such plans by the director shall be considered approval by the State Fire Marshal and shall satisfy any statutory provision requiring approval by the State Fire Marshal.

(3) A declaration of the value of the proposed construction or alteration and the appropriate fee required under ORS 455.210 [(1) to (5)] shall accompany the plan or sketch. However, the determination of value or valuation shall be made by the director.

(4) The director shall be furnished with not fewer than two accurate copies of the plan or sketch and details for the purpose of ascertaining compliance with applicable fire prevention and protection statutes and regulations. The plan examiner shall indicate on the plan or sketch and in writing approval or disapproval and conditions for approval of the construction or alteration. One copy of the plan or sketch shall be retained by the director and one copy shall be returned to the applicant. No building or structure referred to in subsection (2) of this section shall be erected or constructed without approval by the director if the building or structure requires approval by the State Fire Marshal. After such approval or issuance of the required permit, construction or alteration shall comply with the plan or sketch in all respects unless modified by subsequent permit or order of the director.

(5) The approval of a plan or sketch shall not be construed to be a permit for, or an approval of, any violation of any statute or regulation or the applicable ordinances and regulations of any governmental subdivision of the state. The approval of a plan or sketch shall not be construed as an approval for noncompliance with fire marshal regulations. Any condition upon approval or disapproval shall be deemed an order subject to appeal as other orders are appealable.

(6) Notwithstanding the requirements of subsections (2) and (4) of this section, the State Fire Marshal may, by rule, require an additional copy of a plan or sketch for local government use and may specify that plans or sketches submitted for review be drawn clearly and to scale.

SECTION 14. Notwithstanding any other law, the maximum limit for payment of administrative expenses by the Department of Consumer and Business Services established under section 1, chapter 404, Oregon Laws 1999 (Enrolled House Bill 5012), is increased by $503,183.

SECTION 15. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor September 1, 1999

Filed in the office of the Secretary of State September 2, 1999

Effective date September 1, 1999

__________