918-020-0210 Nonconformance Notice and Program Revocation (1) Nonconformance Notice: (a) Where required, the division shall issue a nonconformance notice to the building official and chief executive officer concurrently with the written report. A nonconformance notice shall be served on the building official and chief executive officer by certified or registered mail. A nonconformance notice shall only be issued following a review where a municipality fails to comply with any of the general standards for the administration and enforcement of a building inspection program contained in these rules; (b) Within 30 days of receiving a nonconformance notice a municipality shall file a proposed written correction plan with the division containing a detailed description of the actions and timeline the municipality proposes to correct each nonconformance noted in the final report; (c) The division shall: (A) Accept or deny a proposed correction plan within 30 days of receiving any plan; (B) Advise a municipality in writing of the portions of the plan which do not adequately address any nonconformance noted. A municipality must submit a final correction plan within 30 days of receiving the division’s response to a proposed correction plan; and (C) Advise a municipality of any matters that require immediate attention where a review reveals an imminent risk of personal injury or threat to health and safety. (2) Program Revocation. The division may revoke a municipality’s authority to administer and enforce a building inspection program or part of a program following a review if the municipality fails to: (a) Submit a proposed correction plan after receiving a nonconformance notice; (b) Submit an acceptable final correction plan after receiving comments from the division regarding a proposed correction plan; or (c) Comply with the specific correction requirements contained in an approved final correction plan. (3) Review of Proposed Revocation. (a) The administrator may appoint a five-person panel to review a recommendation to revoke a municipal building inspection program. The panel shall consist of two building officials from jurisdictions similar in size to the municipality subject to the proposed revocation, two contractors from areas similar in size and character to the municipality subject to the proposed revocation and one person to be determined by the administrator; (b) The panel shall: (A) Review the final report delivered to the building official together with any correction plans submitted by the municipality subject to the proposed revocation but may allow the municipality subject to the proposed revocation to submit additional materials in response to the proposed revocation; and (B) Submit final recommendations to the administrator within 45 days of its program review. (4) Final Decision. The administrator shall issue a written decision revoking a municipality’s authority to administer and enforce a building inspection program. The decision shall be based on the final report delivered to the building official, any correction plans submitted by the municipality and recommendations, if any, submitted by a review panel appointed by the administrator. Judicial review of the decision will be available as provided for in statute. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.150 History: BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96