justicedao/ipfs_state_laws huggingface dataset:
918-001-0040 Cheating on Examinations (1) Scope. This rule applies to: (a) Persons seeking Building Codes Division licensing or certification under the boiler and pressure vessel, plumbing, electrical, or manufactured structures laws and rules; (b) Any tradesperson or inspector required to pass an examination to be licensed or certified by the division or its boards, except those applying under the provisions of ORS 455.735; and (c) Persons who are required to be licensed pursuant to ORS 455.457 to perform specialty code inspections or plan reviews. (2) In addition to any passing grade requirement, a person fails an examination provided, authorized or required by the division or one of its boards if the person cheats in connection with an examination. A person "cheats in connection with the examination" if the person applies for or takes an examination and directly or indirectly: (a) Provides untrue information regarding qualifications to take the examination; (b) Uses unauthorized notes, devices or information during an examination; (c) Copies from another or allows another to copy during an examination; (d) Provides answers or assistance to another; (e) Otherwise uses unauthorized methods to gain an advantage or give another person an advantage in the examination; or (f) Without authority takes or copies examination questions or answers from the examination or storage site. (3) Nothing in this rule prevents the division from seeking revocation of a license issued by mistake if there was cheating in connection with the examination and the license should have been denied. (4) A person failing an examination as provided in this rule may ask for a contested case hearing under ORS Chapter 183. (5) Notwithstanding any rules to the contrary allowing a person to retake an examination, a person who fails an examination as provided in this rule shall not be allowed to take any division or division-related examination for one year following the notice of failure of the examination or final order determining that the person failed the examination. Statutory/Other Authority: ORS 446.395, 455.110, 479.630, 479.730, 480.565, 480.630, 670.100 & 693.310 Statutes/Other Implemented: ORS 446.395, 455.110, 479.630, 479.730, 480.565, 480.630, 670.100 & 693.310 History: BCD 29-2002, f. & cert. ef.10-1-02 BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02 BCD 13-2001, f. 9-28-01, cert. ef. 10-1-01 BCD 16-2000, f. 8-7-00, cert. ef. 10-1-00 BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98 BCD 26-1996, f. & cert. ef. 12-4-96 BCD 14-1994, f. & cert. ef. 5-24-94
918-001-0120 Appointment of Chiefs The division shall appoint individuals as specialty code chief inspectors knowledgeable to carry out the provisions of ORS 455.475. Statutory/Other Authority: ORS 455.475 Statutes/Other Implemented: ORS 455.475 History: BCD 29-2002, f. & cert. ef.10-1-02 BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02 BCD 11-2000, f. 6-23-00, cert. ef. 7-1-00
918-001-0130 Alternative Appeal Procedure This rule allows persons aggrieved by a decision of a local building official or designee to choose whether to appeal through the local appeals process, or through the division. If the appeal relates to an inspection pursuant to the Electrical Specialty Code, the appeal process set forth in OAR 918-008-0120 shall be followed. (1) A person aggrieved by the decision of a local building official or designee may, in lieu of using the local appeals process, appeal to the appropriate specialty code chief. The aggrieved person may not change from one process to the other on the same issue. Such appeal shall: (a) Be made within 30 days of the municipality decision; and (b) Include the name of the person making the appeal, a written description of the appeal, the name of the authority having jurisdiction, the specific code or codes involved, and whether a "stop work" order has been issued; and (c) Be accompanied by $20 appeal fee. (2) Upon receipt of an appeal, the specialty code chief shall seek information from the local building official or designee and any other information necessary to make a decision. (3) Upon final determination by the chief, the chief shall notify appropriate affected parties in writing. (4) If the aggrieved person, or the person whose decision generated the appeal, chooses to further appeal the decision of the specialty code chief to the appropriate state advisory board, the person shall: (a) Request further appeal within 15 days after written notification of the decision of the specialty code chief; and (b) Provide additional information as needed by the division to process the appeal. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.475 Statutes/Other Implemented: ORS 455.475 History: BCD 29-2002, f. & cert. ef.10-1-02 BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02 BCD 11-2000, f. 6-23-00, cert. ef. 7-1-00
918-001-0240 Refunds (1) As required by ORS 293.445 moneys received in excess of the amount legally due and payable to the division, or in which the division determines it has no legal interest, shall be refunded. However, as authorized by 293.445, for sums of $25.00 or less the division will only refund the money upon request by the person who paid the money or the person’s legal representative. Refund requests must be made within three years of the date that the money was paid to the division. (2) “Amounts legally due and payable” includes but is not limited to, fees for license, renewal license, permit or plan review applications, regardless of whether or not application review results in the issuance of a license or permit. Statutory/Other Authority: ORS 293.445 Statutes/Other Implemented: ORS 293.445 History: BCD 12-2008, f. 6-30-08, cert. ef. 7-1-08 BCD 7-2001, f. 6-15-01, cert. ef. 7-1-01 BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98 BCA 23-1992, f. 12-24-92, cert. ef. 1-1-93
918-001-0300 Address Notification Requirements and Service of Process (1) It is the responsibility of all persons licensed, certified, registered, or otherwise authorized by the Director or an advisory board to inform the Building Codes Division in writing of current contact information, including a non-Post Office Box mailing address, phone number, and e-mail address. The mailing address must be one to which the Building Codes Division can effectively serve pleadings and other documents by registered or certified mail. Contact information included on an application for a license, certification, registration, or other authorization satisfies this notification requirement. (2) It is the responsibility of all persons licensed, certified, registered, or otherwise authorized by the Director or an advisory board to inform the Building Codes Division in writing of any change in name, address, phone number, or email address within 20 calendar days of any such change. (3) Notice by registered or certified mail to the holder of any license, certificate, registration, or other authorization issued by the Director or an advisory board at the last address on file with the Building Codes Division, pursuant to this rule, shall constitute effective service. (4) Nothing in this rule shall alter any other change of address notification requirements. Statutory/Other Authority: ORS 455.117 & 455.720 Statutes/Other Implemented: ORS 455.117 & 455.720 History: BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17
918-001-0310 Cooperation with Investigations (1) The holder of any license, certificate, registration, or other authorization issued by the Director or an advisory board shall cooperate with any investigation conducted pursuant to ORS Chapter 455. (2) Failure to cooperate with an investigation pursuant to subsection (1) of this rule shall be grounds for: (a) Denial, suspension, conditioning, or revocation of a registration, certification, license, or other authority of a person to perform work or conduct business issued under laws administered by the Department or an advisory board, as set forth in ORS 455.125 or 455.129; or (b) Disqualification from obtaining a license, registration, certificate, or certification, as set forth in ORS 455.127. (3) As used in this rule, to cooperate with an investigation may include, but not be limited to, answering questions, making sworn statements, or testifying in administrative hearings. Statutory/Other Authority: ORS 455.117 & 455.720 Statutes/Other Implemented: ORS 455.117, 455.125, 455.127, 455.129 & 455.720 History: BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17
918-001-0500 Purpose Rules 918-001-0500 to 918-001-0530 establish a process that the division will use to develop permit-ready plans and make those plans available for public use. The intent of the permit-ready plans program is to create a more efficient pathway for approval of publicly accessible building plans by building departments. The division intends for the permit applications using permit-ready plans to be less expensive to process and to require less time to process by building departments. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.062 History: BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024
918-001-0505 Definitions (1) “Local code expert” means a certified building official, an A-level structural inspector, or an A-level structural plans examiner that is working as either a building official, inspector, or as a plans examiner for a building department. (2) “Permit-ready plan” means a set of drawings and specifications that have been developed by the division that are available for use and have been determined to meet the requirements of the state building code. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.062 History: BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024
918-001-0510 Development of Permit-Ready Plans Permit-ready plans are developed by a division employee, or group of division employees, acting within their scope of employment. During the development process the division may consult with local municipalities, other agencies, as well as industry and other stakeholders to help develop plans to be applicable in as broad an area of the state and to as many customers as is technically and economically feasible. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.062 History: BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024
918-001-0515 Consultation and Review Process for Permit-Ready Plans (1) Prior to publishing permit-ready plans the division will make any proposed plans available for review by building departments in the state for not less than 30 days. (2) The purpose of this review period is for local building departments to identify any areas where the proposed plans conflict with specific local requirements. (3) After this review period ends, the division will publish the plans for general use. (4) The division may designate areas of the state where the plans are not available for use based on the responses from building departments during the review period. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.062 History: BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024
918-001-0520 Use of Permit-Ready Plans (1) Permit-ready plans that have been published to the division’s website are available for use by the public. (2) A permit-ready plan is exempt from local plan review for code compliance on all elements addressed by, and included as part of, the permit-ready plan. (3) Plan review fees may still be assessed on applications using permit-ready plans for verification that the plan is a state approved plan, compliance with plan specific options selected, and compliance with specific local requirements not addressed by the plan in accordance with Section (4). Plan review fees should be assessed to compensate staff time and resources expended and cannot equal or exceed standard plan review fees. (4) A permit-ready plan may be subject to additional local review of specific items, including but not limited to, the following: (a) Required permit application submittal. (b) Local site conditions such as soils, slopes, location on property, land-use setbacks, fire separation distances, flood hazard areas, and applicability of the geographic and climatic design criteria used in the permit-ready plan design. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.062 History: BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024
918-001-0525 Expiration and Renewal of Permit-Ready Plans (1) Permit-ready plans are approved for a specific edition of a code and may be used while that edition of the code is effective. (2) When a new edition of a code is adopted the division will review existing permit-ready plans for compliance with the new code edition and use the local consultation and review process before making a permit-ready plan available for statewide use again. (3) Permit-ready plans that were approved under an edition of a code that is no longer effective are required to comply with local building official approval and acceptance prior to use. This may include compliance with current adopted code standards, local plan submittal requirements, and local plan review approval processes. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.062 History: BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024
918-001-0530 Modification of Permit-Ready Plans (1) Permit-ready plans may not be modified, changed, or adjusted in any way without additional local review and local building official approval. (2) Permit-ready plans may include options which are permissible to select under standard use of the plans, without additional local review or approval. (3) The division will not field or respond to any inquiries regarding modifications, or changes to any permit-ready plan, as all permit-ready plans are considered by the division to be as-is designs. (4) Any inquiries regarding modifications, or changes to any permit-ready plan must be directed to the local building department, and may be subject to compliance with current adopted code standards, local plan revision submittal requirements, and local plan review approval processes. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.062 History: BCD 9-2024, adopt filed 06/26/2024, effective 07/01/2024
918-001-5000 Fire Hardening Grant Program Rules Purpose and Objectives (1) OAR 918-001-5000 to OAR 918-001-5070, are established to administer Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006) and House Bill 5506, 2023,which authorize the division to establish and maintain the grant program. (2) The grant program will incentivize fire hardening improvements for residential and commercial buildings that are repaired or rebuilt after being damaged or destroyed in a qualifying wildfire. (3) These rules describe the fire hardening grant program and the application process, verifying eligibility for grant payment, and distributing grants to qualified applicants. (4) OAR 918-001-5000 to OAR 918-001-5070 are retroactive to July 1, 2023 Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) History: BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025 BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024 BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024 BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022 BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022
918-001-5010 Definitions The following definitions apply to OAR 918-001-5000 to OAR 918-001-5070, unless the context requires otherwise: (1) “Accessory structure” means a structure which is accessory to and incidental to that of the residential or commercial building, and that is located on the same lot. (2) “Affected county” means a county where a home or business was damaged by a qualifying wildfire. (3) “Applicant” means a person applying to the fire hardening grant program for grant funds. (4) “Commercial building” means a building that is used in connection with a business that is governed by the Oregon Structural Specialty Code. (5) “Ignition-resistant material” means a type of building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildland urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames. (6) “Manufactured home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction. (7) “Noncombustible material” means any material that in the form in which it is used and under the conditions anticipated will not ignite, burn, support combustion or release flammable vapors when subjected to fire or heat in accordance with ASTM E136. (8) “Program” means the Fire Hardening Grant Program. (9) “Qualifying wildfire” means a wildfire that damaged a home or business and occurred between 2020 and December 31, 2025. (10) “Residential building” means either a building governed by the Oregon Residential Specialty Code, or a manufactured home. Statutory/Other Authority: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) Statutes/Other Implemented: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) History: BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025 BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024 BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024 BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022 BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022
918-001-5020 County Administration (1) The division shall partner and consult with affected counties to the extent practicable to administer the fire hardening grant program. (2) Affected counties partnering with the division in administering the program will be required to: (a) Perform certain functions listed here and detailed in an intergovernmental agreement entered into by the affected county and the division. (b) Make information about the program, including application materials, available to county residents who are interested in participating in the program. (c) Accept applications from applicants who wish to participate in the program. (d) Assist applicants in completing program application documents. (e) Verify that submitted applications have been fully completed and that all necessary program certifications and supporting documents are included. The following would need to be included in a completed application: (A) Completed Program Application Form; (B) Program Eligibility Certification; (C) Documentation of applicant identity as stated in 918-001-5050(1); and (D) Documentation of property or building ownership as stated in 918-001-5050(2). (f) Verify that at least one qualifying fire hardening improvement has been completed on the applicant’s residential or commercial building. (g) Determine the grant amount to be paid to the applicant pursuant to OAR 918-001-5060. (h) Distribute grant funds to applicants that meet all of the eligibility criteria listed in OAR 918-001-5030. (i) Account for all disbursed funds using Generally Accepted Accounting Principles (GAAP). (j) Issue Internal Revenue Service Form 1099-G when required based on the circumstances of the applicant. (3) In addition to affected counties partnering with the division, the division may perform all of the necessary functions to administer the program. Statutory/Other Authority: Stat. Auth.: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) Statutes/Other Implemented: Stat. Auth.: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) History: BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025 BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024 BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024 BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022 BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022
918-001-5030 Program Application and Eligibility To be eligible for incentives an applicant to the program must meet the following requirements: (1) The applicant must own a residential or commercial building that was damaged or destroyed by a qualifying wildfire, or the applicant must own a parcel of land where a residential or commercial building was damaged or destroyed in a qualifying wildfire. (2) The applicant must have completed work on at least one qualifying fire hardening improvement on a residential or commercial building that was damaged or destroyed by a qualifying wildfire. (3) The applicant must include at least one of the fire hardening improvements listed in 918-001-5060 when rebuilding their residential or commercial building. (4) The applicant confirms with documentation that the work on the qualifying fire hardening improvement(s) from section (3) has been completed. (5) The program will accept applications until either all funds have been disbursed or until December 31, 2025, whichever comes first, unless extended by the Legislature. Statutory/Other Authority: Stat. Auth.: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) Statutes/Other Implemented: Stat. Auth.: Oregon Laws 2021, Chapter 669, Section 263 (House Bill 5006), Oregon Laws 2023, Chapter 605, Section 270 (House Bill 5506) & Oregon Laws 2024, Chapter 26, Section 3 (House Bill 4016) History: BCD 15-2024, amend filed 12/23/2024, effective 01/01/2025 BCD 8-2023, amend filed 12/28/2023, effective 01/01/2024 BCD 2-2023, temporary amend filed 08/07/2023, effective 08/07/2023 through 02/02/2024 BCD 3-2022, adopt filed 04/01/2022, effective 04/01/2022 BCD 1-2022, temporary adopt filed 01/20/2022, effective 01/20/2022 through 07/18/2022