justicedao/ipfs_state_laws huggingface dataset:
918-050-0140 Statewide Fee Methodology for Residential Fire Suppression Systems Stand-alone and multipurpose fire suppression system permit fees shall each be calculated as separate flat fees based on the square footage of the structure with graduated rates for dwellings with 0 to 2000 square feet, 2001 to 3600 square feet, 3601 to 7200 square feet, and 7201 square feet and greater. The permit fee shall be sufficient to cover the costs of inspection and plan review. Statutory/Other Authority: ORS 455.048 & 455.055 Statutes/Other Implemented: ORS 455.046 & 455.055 History: BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09 BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06 BCD 19-2001, f. 12-21-01, cert. ef. 4-1-02
918-050-0150 Statewide Fee Methodology for Medical Gas Installations (1) A plumbing permit fee for the installation of a medical gas system shall be determined based on the value of installation costs and the system equipment, including but not limited to, inlets, outlets, fixtures, and appliances and applied to the municipality’s fee schedule, with a set minimum fee. (2) The plan review fee shall be based on a predetermined percentage of the permit fee as set by the municipality. Statutory/Other Authority: ORS 455.048 & 455.055 Statutes/Other Implemented: ORS 455.046 & 455.055 History: BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09 BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06 BCD 19-2001, f. 12-21-01, cert. ef. 4-1-02
918-050-0160 Statewide Fee Methodology for Phased Projects A municipal plan review fee for a phased project is based on a minimum phasing fee, determined by the municipality, plus 10 percent of the total project building permit fee not to exceed $1,500 for each phase. Statutory/Other Authority: ORS 455.048 & 455.055 Statutes/Other Implemented: ORS 455.046 & 455.055 History: BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09 BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06 BCD 11-2002, f. 6-28-02, cert. ef. 7-1-02
918-050-0170 Statewide Fee Methodology for Deferred Submittals A fee charged for processing and reviewing deferred plan submittals shall be an amount equal to a percentage, determined by the municipality, of the building permit fee calculated according to OAR 918-050-0110(2) and (3) using the value of the particular deferred portion or portions of the project, with a set minimum fee. This fee is in addition to the project plan review fee based on the total project value. Statutory/Other Authority: ORS 455.048 & 455.055 Statutes/Other Implemented: ORS 455.046 & 455.055 History: BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09 BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06 BCD 12-2002, f. 6-28-02, cert. ef. 7-1-02
918-050-0180 Statewide Methodology for Solar Structural Installation Permits (1) Structural permits for solar photovoltaic (PV) system installation shall be calculated using the following methodology: (a) Fees for installations that comply with the prescriptive installation path described in the state building code shall be a flat fee and includes one inspection and permit review by the municipality. (b)(A) All other installations not meeting the prescriptive path shall be based on the valuation of the structural elements for the solar panels, including racking, mounting elements, rails, and the cost of labor to install. The cost of the solar electrical equipment, including collector panels, and inverters shall be excluded from the structural permit valuation. The valuation shall then be applied to the municipality’s fee schedule to determine the permit fee. (B) Plan review fees shall be based on a predetermined percentage of the permit fee set by the municipality. (2) Electrical components of a PV system require an electrical permit. Electrical permits shall be calculated based on the methodology established in OAR 918-309-0020 through 918-309-0070. Statutory/Other Authority: ORS 455.048 & 455.055 Statutes/Other Implemented: ORS 455.046 & 455.055 History: BCD 13-2022, amend filed 09/29/2022, effective 10/01/2022 BCD 13-2010, f. 9-30-10, cert. ef. 10-1-10
918-050-0210 Electronic Permitting System Purpose and Scope: The division has established minimum standards and statewide consistency for electronic systems that municipalities use to process plan reviews, issue permits, and perform electronic field inspections. Municipalities may use the division’s electronic system or a comparable system that has the same equivalent features as defined by ORS 455.095 and these rules. The minimum standards will be required starting on January 1, 2025, as required by section 4, chapter 223, Oregon Laws 2021. Statutory/Other Authority: ORS 455.095, ORS 455.097 & Section 4, Chapter 223, Oregon Laws 2021 Statutes/Other Implemented: ORS 455.095, ORS 455.097 & Section 4, Chapter 223, Oregon Laws 2021 History: BCD 1-2023, adopt filed 03/29/2023, effective 04/01/2023
918-050-0220 Electronic System Minimum Standards: The electronic system minimum standards must be adopted and functional by January 1, 2025. (1) ePermitting or a comparable electronic system must be able to provide the public with 24 hour, continuous online access, except for planned maintenance and temporary outages due to unforeseen circumstances, to the following activities: (a) Searching for permit and inspection data; (b) Making applications; (c) Uploading plans and other documents; (d) Remitting payments; (e) Tracking of plan review status and approvals; and (f) Scheduling of inspections, reviewing required corrections, and receiving inspection approvals. (2) ePermitting or a comparable system must also be able to provide: (a) Electronic mark up and review of electronically-submitted plans; (b) Contractor license verification; and (c) Electronic tools for inspectors to provide or update field inspections, construction progress inspections and on site verification of compliance with building code requirements. Statutory/Other Authority: ORS 455.095 & ORS 455.097 Statutes/Other Implemented: ORS 455.095, ORS 455.097 & Section 4, Chapter 223, Oregon Laws 2021 History: BCD 1-2023, adopt filed 03/29/2023, effective 04/01/2023
918-050-0800 Permit Surcharges (1) A one-percent surcharge will be assessed upon the total permit fees collected pursuant to ORS 455.210(4)(c). (2) Effective January 1, 2008, a four percent surcharge will be assessed upon the total permit fees collected pursuant to ORS 455.210(4)(d). Statutory/Other Authority: ORS 455.044 & 455.210 Statutes/Other Implemented: ORS 455.044 & 455.210 History: BCD 10-2007, f. 9-28-07, cert. ef. 1-1-08 BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06 BCD 8-2000, f. 6-15-00, cert. ef. 7-1-00, Renumbered from 918-020-0520 BCD 17-1999, f. 12-30-99, cert. ef. 1-1-00 BCD 10-1999(Temp), f. 9-7-99, cert. ef. 10-1-99 thru 3-28-00
918-050-0855 Administration of Electronic Permitting (1) As used in this rule, unless context requires otherwise: (a) “Electronic permitting” means the Oregon eBuildingPermits system implemented under ORS 455.095. (b) “Contractor” means a person holding a Construction Contractors Board license and, if applicable, a contractor license issued by the division. (c) “Department” means the Department of Consumer and Business Services. (d) “Division” means the Building Codes Division of the Department of Consumer and Business Services. (e) “In good standing” means a person currently licensed as a contractor who has no outstanding penalties due and owing to the division, the department, the Construction Contractors Board, or any other state for violations of construction standards, permitting requirements, or any construction related licensing or certification standards. (f) “Public User” means a person who accesses the electronic permitting system through the internet and has either created an account to apply for permits through the system or uses the system to search for information. (g) “State Portal” means the public access portion of the electronic permitting system. (2) The following persons are eligible to utilize the state portal to access the electronic permitting system: (a) Contractors in good standing; (b) Persons designated by a contractor in good standing; and (c) Public users. (3)(a)Where the division finds a contractor, public user, or any other person has provided inaccurate, false, or misleading information when using the state portal, including but not limited to information regarding appropriate licenses, certifications, or plan review, the division may prohibit the registered public user, designated person, or contractor from using the state portal for a length of time to be determined by the division; and (b) In addition to prohibiting use of the state portal, the division may take any additional action it considers appropriate, including civil penalties, and suspension, revocation, conditioning, or denial of division licenses, or take any actions as allowed under any provision of ORS 455.125, 455.127, or 455.129. (4) Contractors sanctioned under any provision of ORS 455.125, 455.127, or 455.129 may be prohibited from using the state portal for a period of time to be determined by the division. Statutory/Other Authority: ORS 455.095 & 455.097 Statutes/Other Implemented: ORS 455.095, 455.097, 455.125 & 455.129 History: BCD 15-2010, f. & cert. ef. 10-5-10
918-050-0860 Frontage Improvement Valuation Calculations This rule implements House Bill 2658 (2025), which requires a building permit to be issued without requiring frontage improvements for certain construction projects. (1) Municipalities may not condition or refuse to issue a building permit for projects identified in House Bill 2658 (2025) that do not exceed the value calculated in section (3) of this rule. (2) This rule applies to: (a) Municipalities with populations of 15,000 or more from January 1, 2026 to December 31, 2030; or (b) All municipalities on or after January 1, 2031. (3) A qualifying project is determined by using the reasonable stated value of the project by the applicant and accepted by the municipality, and that does not exceed the following limits: (a) $150,000 for 2026; or (b) $150,000 in 2026 dollars, as adjusted by the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor in January of each year for application to the previous year. (c) The division will publish updated values based on the methodology in subsection (b) on its website. Statutory/Other Authority: House Bill 2658 (2025) Statutes/Other Implemented: House Bill 2658 (2025) History: BCD 14-2025, adopt filed 12/29/2025, effective 01/01/2026
918-090-0000 Purpose and Scope (1) These rules establish registration requirements for businesses that perform specialty code inspections or plan reviews, and establish license requirements for individuals who perform specialty code inspections or plan reviews who are not employed by the division or a municipality. (2) Nothing in these rules is meant to change existing requirements for individual certification to perform plan reviews and inspections under OAR 918, division 098, 281, 695, or 780. (3) For the purpose of these rules “plan reviewer” and “plans examiner” have the same meaning. (4) Persons approved and certified by the division who perform amusement ride or boiler inspections under the authority of ORS Chapters 460 and 480 and rules adopted thereunder are not required by OAR 918, division 090 rules to be licensed or registered. Statutory/Other Authority: ORS 455.457 Statutes/Other Implemented: ORS 455.455 & 455.457 History: BCD 26-2005, f. 12-15-05, cert. ef. 1-1-06 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05 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 16-2000, f. 8-4-00, cert. ef. 10-1-00
918-090-0010 Definitions As used in OAR 918, division 090, unless the context requires otherwise: (1) “Employed” means working directly for an employer as an employee and completing a withholding exemptions certificate required by ORS 316.162 to 316.212. (2) “Employee” means an individual who has completed a withholding exemptions certificate required by ORS 316.162 to 316.212. (3) “Designated Licensed Plan Reviewer” means a licensed plan reviewer authorized by the division or a municipality to perform simple one- and two-family plan reviews directly for a permit applicant on their behalf. (4) “Division” is defined in OAR 918-001-0005. (5) “Inspector” is a person appropriately certified under OAR 918, division 098, 281, 695 or 780 who inspects work performed under the state specialty codes and approves the required inspections. (6) “Licensed Plan Reviewer or Inspector” is an individual who is licensed to perform specialty code inspections or plan reviews under ORS 455.457 and these rules. (7) “Limited Licensed Plan Reviewer or Inspector” is an individual who: (a) Is licensed to perform specialty code inspections or plan reviews under ORS 455.457 and these rules; (b) Contracts directly with a municipality or the division to perform specialty code inspections or plan reviews on a temporary basis to backfill a vacant position or to supplement existing employees; (c) Works under the authority of a designated state certified building official employed by a municipality or the division; and (d) Whose contract or contracts to perform plan reviews and inspections do not exceed $10,000 annually. (8) “Municipality” is defined in ORS 455.010. (9) “Person” means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, or any other entity, public or private, however organized. (10) “Plan Reviewer” is a person who is appropriately certified under OAR 918, division 098, 281 or 780 who reviews plans for compliance with the state specialty code(s) and approves the plans for permit and construction. (11) “Registrant” means those businesses registered with the division under OAR 918, division 090 rules to engage in the business of performing plan review and inspection services. (12) “Specialty Code” is defined in ORS 455.010. Statutory/Other Authority: ORS 455.455, 455.457, 455.459, 455.461 & 455.463 Statutes/Other Implemented: ORS 455.455, 455.457, 455.459, 455.461 & 455.463 History: BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018 BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018 BCD 26-2005, f. 12-15-05, cert. ef. 1-1-06 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05 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 16-2000, f. 8-4-00, cert. ef. 10-1-00
918-090-0100 General Business Registration Requirements A registration as a plan review and inspection business shall be held by any person who engages in or follows the business or occupation of, or advertises or purports to engage in or perform plan reviews or inspections other than as an exclusive employee of a municipality, the division or a registered plan review and inspection business. Individuals who have a limited license to perform specialty code inspections or plan reviews who work under the authority of a designated state certified building official employed by a municipality or the division are not required to hold a business registration. Statutory/Other Authority: ORS 455.457 Statutes/Other Implemented: ORS 455.457 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 16-2001, f. 8-4-00, cert. ef. 10-1-00
918-090-0120 Registered Business Responsibilities (1) A business registered pursuant to ORS 455.457 shall employ or contract with plan reviewers and inspectors who are licensed under these rules and certified by the division in accordance with OAR 918, division 098, 281, 695, or 780 for the specific type of inspections or plan reviews that person will perform; (2) A business registered to perform specialty code plan reviews or inspections shall assure that all certified inspectors and plans examiners maintain their minimum continuing education credits required by OAR 918, division 090, 098, 281, 695, or 780. (3) A business registered to perform specialty code plan reviews or inspections shall submit to the division an amended application or quality control manual within ten days of the date any licensed and certified inspection or plans examiner staff or contracted person is hired or discharged from the employment of that agency. Statutory/Other Authority: ORS 455.455, 455.457 & 455.461 Statutes/Other Implemented: ORS 455.455, 455.457 & 455.461 History: BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018 BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018 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 16-2000, f. 8-4-00, cert. ef. 10-1-00
918-090-0130 Business Registration — Additional Requirements (1) In addition to the insurance requirements set forth in these rules, a business registered to perform specialty code plan reviews or inspections shall; (a) Authorize their insurance company to notify the division upon any change to or cancellation of the insurance required for their business registration; and (b) Notify the division of any change to or cancellation of the insurance required for their business registration within three working days. (2) A business registered to perform specialty code plan reviews or inspections that cancels or loses the minimum required insurance shall have their registration immediately suspended, until the registrant obtains the required insurance to resume business. (3) Licensed employees or subcontractors of a registered business whose registration has lapsed, been revoked or been suspended shall not continue providing specialty code plan review and inspection services until they obtain a business registration, go to work for another registered business, municipality or the division, or until the registration of the business in question is reestablished. Statutory/Other Authority: ORS 455.455 & 455.457 Statutes/Other Implemented: ORS 455.455 & 455.457 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 16-2000, f. 8-4-00, cert. ef. 10-1-00
918-090-0200 Specialty Code Plan Reviewer and Inspector License — Scope (1) An individual licensed before July 1, 2005 may perform specialty code plan reviews or inspections under ORS 455.457 and these rules as follows: (a) Licensed Plan Reviewer or Inspector: (A) performs specialty code plan reviews or inspections not as an employee of a municipality or the division; or (B) be Employed to perform plan reviews or inspections for one or more municipalities, but also may performs plan reviews or inspections as other than an employee of a municipality or the division. (b) Limited Licensed Plan Reviewer or Inspector: (A) Contracts directly with a municipality or the division to perform specialty code inspections or plan reviews on a temporary basis to backfill a vacant position or supplement existing employees; and (B) Works under the authority of the designated state certified building official who is a municipal or state employee. (2) An individual licensed on or after July 1, 2005 may perform specialty code plan reviews or inspections as outlined in Section (1), but are restricted in scope of work for commercial or residential based on experience demonstrated under OAR 918-090-0210. (3) An employee of a municipality or the division need not be licensed while performing plan reviews or inspections on behalf of another municipality while in the official capacity as an employee of the division or municipality. Statutory/Other Authority: ORS 455.457 Statutes/Other Implemented: ORS 455.457 History: BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018 BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018 BCD 26-2005, f. 12-15-05, cert. ef. 1-1-06 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05 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 16-2000, f. 8-4-00, cert. ef. 10-1-00
918-090-0300 Requirements for the Quality Control Manual (1) All registered businesses providing plan review and inspection services shall create, maintain and make available to customers and affected jurisdictions, a quality control manual for their business operations that is approved by the division and includes the following: (a) The scope of work performed by the business; (b) Organizational structure of the company including the person or persons responsible for technical management and quality control; (c) A listing of the business’s contact numbers including address, phone and fax and, if available, e-mail; (d) Name and policy number of insurance carriers as required by these rules, or where applicable, verification from the municipality in which they are working, of municipality insurance coverage; (e) Procedures for approval of alternate materials, design or methods of construction and modifications through the building official having jurisdiction; and (f) Any documented policies and procedures describing business operations or application of the state building code and related regulations. (2) Registered businesses providing building official and building inspection program services as described in OAR 918, division 020 shall also include the following information in their manual: (a) Procedures for creating, maintaining and notifying the division of changes to the building inspection program standards (Operating Plan) required by OAR 918-020-0090; and (b) Documentation of accounting procedures for receiving permit and hourly inspection fees and submitting required state surcharge reports and revenues to the division. (3) Registrants may substitute copies of policies, procedures and forms used by the authority having jurisdiction, for portions of the Quality Control Manual required by this rule where the local procedures are used by the business to perform their work. (4) Each registrant shall supplement its quality control manual following any change in process or items described in this rule and submit the supplement to the division for approval. (5) Registered businesses shall review their quality control manual at least once a year to verify it appropriately reflects its current organization and operations. Any revisions shall be forwarded to the division and incorporated into the copy available to customers and affected jurisdictions following division approval. Statutory/Other Authority: ORS 455.461 Statutes/Other Implemented: ORS 455.461 History: BCD 10-2018, temporary suspends temporary BCD 8-2018, filed 05/18/2018, effective 05/18/2018 through 10/19/2018 BCD 8-2018, temporary amend filed 04/23/2018, effective 04/23/2018 through 10/19/2018 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 16-2000, f. 8-4-00, cert. ef. 10-1-00