justicedao/ipfs_state_laws huggingface dataset:
918-030-0320 License Expiration and Renewal — Purpose of the Rules ORS 25.785 requires the Building Codes Division and its appropriate advisory boards to record an applicant’s social security number in order to issue or renew a license, certification or registration subject to suspension under ORS 25.750 to 25.783. These rules establish requirements and procedures for applicants with or without social security numbers issued by the United States Social Security Administration to provide a social security number or a statement indicating that the applicant does not have a social security number. Statutory/Other Authority: ORS 25.785, 446.210, 446.400, 455.457, 460.085, 479.630, 479.910, 480.630 & 693.050 Statutes/Other Implemented: ORS 25.785 History: BCD 8-2004, f. 6-21-04, cert. ef. 7-1-04
918-030-0325 License Expiration and Renewal — Requirements and Procedures (1) The Building Codes Division will not issue or renew a license, certification or registration subject to suspension under ORS 25.750 to 25.783 unless an applicant provides his or her social security number on the application or renewal form. Applicants do not need to provide their social security number on applications for renewal if the applicant previously provided their social security number to the division and it is in the record. (2) The Building Codes Division may accept a written statement to fulfill the requirements of section (1) from an applicant who has not been issued a social security number by the United States Social Security Administration. Applicants do not need to provide this statement with the application for renewal if the applicant previously provided this statement to the division and it is in the record. Any written statement submitted must: (a) Be signed by the applicant; and (b) Attest to the fact that a social security number has not been issued to the applicant by the United States Social Security Administration. Statutory/Other Authority: ORS 25.785, 446.210, 446.400, 455.457, 460.085, 479.630, 479.910, 480.630 & 693.050 Statutes/Other Implemented: ORS 25.278 History: BCD 8-2004, f. 6-21-04, cert. ef. 7-1-04
918-030-0900 Revocation, Cancellation or Suspension of License In accordance with ORS Chapter 183, the director may revoke, cancel or suspend a contractor license, business license or registration to conduct business when the contractor or business holds more than one license under ORS 479.510 to 479.945, 480.510 to 480.670, Chapter 447 and Chapter 460, if the contractor or business: (1) Does not meet the minimum qualifications prescribed in ORS 460.085, 479.630, 480.630 or 447.040, any rule adopted thereunder; (2) Falsifies an application; (3) Establishes a pattern of conduct that may include: (a) Working or employing persons without proper license or certification; (b) Making, directing or supervising installations that are unsafe or do not meet minimum safety standards; or (c) Failing to meet the minimum requirements in the State Building Code; or (4) Any other activity prejudicial to the electrical, plumbing, elevator or boiler or pressure vessel safety programs under ORS 479.510 to 479.945, 480.510 to 480.670, Chapter 447 and Chapter 460, or any rules adopted thereunder. Statutory/Other Authority: ORS 455.117, 455.127 & 455.129 Statutes/Other Implemented: ORS 447.040, 455.117, 460.085, 479.630, 480.630 & 693.105 History: BCD 2-2004, f. 2-13-04, cert. ef. 4-1-04
918-030-0910 Combination Licenses The division, with the approval of the appropriate advisory board, shall establish license categories for contractors or businesses who hold two or more contractor or business licenses established under ORS 479.510 to 479.945, 480.510 to 480.670, chapter 447 and chapter 460 that are valid for two years. Statutory/Other Authority: ORS 455.117 & 455.415 Statutes/Other Implemented: ORS 455.117 & 455.415 History: BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-030-0920 Visible Identification Badge (1) For the purpose of this rule, a visible identification badge is an individual license, registration or certification issued by the division or an appropriate advisory board. This rule does not apply to contractors, businesses or inspectors. (2) Individuals performing elevator, electrical, boiler, pressure vessel, or plumbing work, which requires a license, shall wear and visibly display their license. A licensee does not need to wear and visibly display their license if doing so would create a danger or unsafe condition for the licensee or for the public, provided the licensee can demonstrate proof of licensure to an inspector, investigator or other employee empowered to enforce the state building code. Statutory/Other Authority: ORS 455.415 Statutes/Other Implemented: ORS 455.415 History: BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-035-0000 Purpose and Scope OAR 918, division 35 establishes standards and procedures for approval of continuing education courses by the appropriate board or division. These rules apply to continuing education providers and instructors for purposes of gaining and maintaining approval of continuing education courses and instructors. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-035-0005 Definitions As used in OAR 918 division 035 terms are defined as established in OAR 918-030-0010. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-035-0010 Authority for Course and Instructor Approval (1) The appropriate board or the division approves continuing education courses and instructors, subject to the standards and procedural requirements established in OAR 918, division 35. (2) The appropriate board may delegate authority for course or instructor approval to a committee or the Building Codes Division. The committee or division must report all approved courses to the appropriate board. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-035-0020 Timeline for Approval; Term of Approval (1) Application for course or instructor approval may be made at any time during the code cycle. (2) Application for code-change course approval prior to code adoption as defined in OAR chapter 918, division 008 may be made at any time after the public notice of the 45-day comment period for the code adoption process. (3) Courses and instructors are approved for the duration of the code-cycle and courses may be taught prior to the effective date of that code. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12 BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-035-0040 Minimum Requirements for Continuing Education Course Approval (1) Except as provided in Section (2) of this rule, all continuing education courses must meet the following minimum requirements: (a) Course instructors must be approved by the appropriate board or the division pursuant to these rules; (b) The minimum course length is two hours or the equivalent for online or correspondence courses; (c) The application for course or instructor approval must designate whether the course is for general continuing education credit, code-change credit, or Oregon rule and law credit; and (d) The course must comply with the policies and procedures established by the appropriate board or the division for ensuring the quality and effectiveness of the course. (2) Notwithstanding section (1) of this rule, the appropriate board may recognize code-development bodies or national organizations as continuing education providers without requiring them to submit specific courses to the division for approval. In approving a provider, the board will specify: (a) The scope of the courses taught by the provider; and (b) The type of credit to be awarded for various courses Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12 BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-035-0050 Code-Change Course Content (1) Code-change courses must cover: (a) A national model code edition that is currently adopted in Oregon; or (b) A national model code edition for which the division has given public notice of the 45-day comment period for proposed amendments that initiates the code adoption process. (2) If required by rule, a code-change course may contain material on Oregon rule and law as specified in OAR 918-035-0055. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12 BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-035-0055 Oregon Rule and Law Course Content The appropriate advisory board or the division develops content requirements for Oregon rule and law courses. The content requirements must include but are not limited to the following: (1) Permit processes and requirements; (2) Instruction on the scope of work allowed under a given license; and (3) The Oregon amendments to the currently adopted edition of the appropriate national model code, or the proposed Oregon amendments that are included in the notice of proposed rulemaking hearing filed with the Secretary of State as part of the code adoption process, including alternate method rulings and interpretations. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 9-2012, f. 9-27-12, cert. ef. 10-1-12
918-035-0060 Instructor Approval (1) Instructors may apply for approval as part of the course approval procedure or may apply for approval independent of the course approval process. (2) Approved instructors must be qualified by training or experience to teach the subject matter of the course. Qualifications may be evidenced by: (a) An appropriate license; (b) A relevant degree; or (c) Other expertise recognized by the board or the division. (3) Applicants for instructor approval must: (a) Apply on a division-approved form; and (b) Submit proof of qualifications to the board or the division. (4) Approved instructors and division staff who instruct continuing education courses shall receive continuing education credit for courses taught. (5) Division staff teaching courses in the normal course of their duties are considered approved instructors for the purposes of these rules. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-035-0070 Approval Procedure (1) Applications for course approval must include: (a) Brief description of the course; (b) Detailed course outline, which shall include: (A) Specific reference to the course content requirements established by the appropriate board or division; and (B) The amount of time spent on each content area; (c) Course objectives and learning outcomes; (d) Provider contact information; (e) Name or names of instructors; (f) Instructor qualifications, unless the instructor has already been approved by the division; (g) Number of credits requested; (h) List or samples of all program materials; (i) Documentation demonstrating compliance with the policies and procedures for ensuring the quality and effectiveness of the course; (j) Course prerequisites, if any; and (k) Agreement to allow division to evaluate course and instructor. (2) Courses qualifying for approval as code-change courses must include the code-change material specified by the appropriate board or the division under OAR 918-035-0050 for the specific license type(s). (3) Subsequent applications for the same program may incorporate by reference all or part of the original application. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-035-0080 Recording Continuing Education Credits (1) Providers must submit a list of course attendees in a method specified by the division. (2) Providers must document course completion and give proof of course completion to each attendee. (3) Providers shall retain records of attendees for each course for at least 5 years from the date of the course. Providers shall provide a copy of the record to the division at the division’s request. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-035-0090 Suspension or Revocation of Program or Instructor Approval The board or the division may assess a civil penalty or take any other appropriate action including suspension or revocation of approval of a continuing education course or instructor if the provider or instructor fails to meet the requirements in this division of rules, including but not limited to: (1) The requirement that courses be taught by an approved instructor; (2) Failure to teach the required material or course content for the approved course; (3) Providing inaccurate information indicating that a course or instructor has been approved; or (4) Providing an inaccurate list of course attendees. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 13-2006, f. 9-29-06, cert. ef. 10-1-06 BCD 10-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-28-06
918-040-0000 Purpose and Scope (1) The Building Codes Division coordinates the activities of and has general supervision over seven advisory boards, as follows: (a) Board of Boiler Rules, established under ORS 480.535; (b) Electrical and Elevator Board, established under ORS 455.138; (c) Residential and Manufactured Structures Board, established under ORS 455.135; (d) State Plumbing Board, established under ORS 693.115; (e) Building Codes Structures Board, established under ORS 455.132; (f) Mechanical Board, established under ORS 455.140; and (g) Construction Industry Energy Board, established under ORS 455.492. (2) Appointing authority for the six boards listed in subsections (1)(a) through (f) of this rule rests with the Governor and requires Senate confirmation. Appointing authority for (1)(g) rests with the boards listed in (1)(b) through (1)(f). (3) The rules in OAR chapter 918, division 40 establish consistent protocols for the administration of activities carried out by the boards listed in subsection (1). Statutory/Other Authority: ORS 455.110 Statutes/Other Implemented: ORS 455.110 History: BCD 10-2014, f. 9-25-14, cert. ef. 10-1-14 BCD 9-2009, f. 12-30-09, cert. ef. 1-1-10 BCD 14-2006, f. & cert. ef. 12-29-06
918-040-0020 Board Agendas (1) Board meeting agendas will be made available approximately two weeks prior to scheduled meetings. (2) Any person requesting that an item be placed on the agenda must make the request to the division at least 30 days before the scheduled meeting. The request must include: (a) A written statement explaining the subject matter of the item; (b) The action or result requested, if applicable; (c) The amount of time requested; and (d) Any other documents relevant to the item. (3) The appropriate board chairperson may exclude a requested item from the agenda if the request does not include the information required in Section (2) of this rule, or is not relevant to, or appropriate for, the board in question. (4) The board may restrict presentation time on any agenda item. Persons appearing are encouraged to submit written statements. Statutory/Other Authority: ORS 183.335 Statutes/Other Implemented: ORS 455.144 History: BCD 14-2006, f. & cert. ef. 12-29-06
918-040-0030 Rules of Order Sturgis Standard Code of Parliamentary Procedure, Fourth Edition, is adopted for board and board-committee proceedings. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183.335 Statutes/Other Implemented: ORS 455.144 History: BCD 14-2006, f. & cert. ef. 12-29-06
918-040-0040 Public Comment (1) Board meeting agendas provide for public comment. No prior arrangements are necessary to make public comment. (2) Time for comment may be restricted by the presiding officer. (3) The board may decide to refer an item from public comment to the next meeting agenda. Statutory/Other Authority: ORS 183.335 Statutes/Other Implemented: ORS 455.144 History: BCD 14-2006, f. & cert. ef. 12-29-06
918-050-0000 Purpose and Scope Division 50 provides administrative procedures for use in all regions of the state and, where applicable, to specified regions of the state. These rules address a uniform methodology for arriving at building permit and inspection fees to provide consistency in fee calculation. Where a permitted item is not covered by the methodology in these rules, a municipality may either, develop a reasonable permit fee, or calculate a fee using a similar program area’s methodology. These rules do not supersede or repeal the existing provisions of the state building code and related rules. These rules become effective on January 1, 2009. 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 8-2000, f. 6-15-00, cert. ef. 7-1-00
918-050-0010 Definitions Terms not specifically defined will have the meanings given in the state building code. (1) “Administrative fees” refers to fees assessed by a municipality to cover costs of administering and enforcing the building code apart from inspection and plan review services. Surcharges, assessed as part of the cost of doing business within a municipality and that are assessed without regard to whether the municipal action relates to the administration of the building code, are not administrative fees for the purposes of these rules. (2) "Tri-county region" or "Tri-county regional" refers to the geographical area that includes Clackamas, Multnomah, and Washington counties. (3) “ePermitting” means the division-developed electronic system that meets the minimum standards listed in 918-050-0220 and is provided to jurisdictions in accordance with ORS 455.095. (4) “Comparable electronic system” means a system that is not ePermitting but meets all the minimum standards listed in 918-050-0220. (5) “Online” means connected to or available through an electronic system or telecommunications system, such as the internet. Statutory/Other Authority: ORS 455.020 & 455.055 Statutes/Other Implemented: ORS 455.020 & 455.055 History: BCD 1-2023, amend filed 03/29/2023, effective 04/01/2023 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 20-2003, f. 12-31-03, cert. ef. 1-1-04 BCD 8-2000, f. 6-15-00, cert. ef. 7-1-00
918-050-0020 Standard Statewide Application Forms (1) A municipality must use standard permit applications containing at least the minimum content required by the division. (2) All municipalities within the Tri-County region shall use intake checklist forms approved by the division (3) The division shall consider for adoption proposed amendments to the standard application and intake checklist forms. (a) Proposals for amendment to the application forms must include: (A) The existing unamended form(s); (B) The form(s) containing the appropriate amendments; and (C) A brief explanation of the need for the amendments. (b) Proposals to amend the approved forms must be filed with the division no later than February 1 or August 1. (c) The division will notify all municipalities and interested parties of the division's determination regarding proposed amendments and provide copies of the amended form(s). (d) Any form changes will be effective in all regional municipalities on July 1 or January 1 following adoption. 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 20-2003, f. 12-31-03, cert. ef. 1-1-04 BCD 8-2000, f. 6-15-00, cert. ef. 7-1-00
918-050-0030 Standard Tri-County Regional Processes All jurisdictions within the Tri-County region shall use uniform processes for permit application, plan review, permit issuance, and recording inspections as approved by the division, including, but not limited to: (1) Minor labels; (2) Issuing permits when no plan review is required; (3) Recording inspections; (4) Partial permits; (5) Deferred submittals; (6) Over-the-counter permits that require plan review; and (7) Plan review issue resolution. Statutory/Other Authority: ORS 455.048 Statutes/Other Implemented: ORS 455.046 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 8-2000, f. 6-15-00, cert. ef. 7-1-00
918-050-0110 Fees and Fee Schedules (1) A municipality may develop its fee schedule in any reasonable manner to provide for the administration and enforcement of the building code program. (2) Administrative fees assessed by a municipality to cover administration and enforcement shall be incorporated into a municipality’s fee schedule or into the cost of an individual permit item as appropriate. Changes to a municipality’s fee schedule must be adopted in accordance with OAR 918-020-0220. (3) The plan review fees shall be based on a predetermined percentage of the permit fee set by the municipality. Statutory/Other Authority: ORS 455.048, 455.055 & 455.210 Statutes/Other Implemented: ORS 455.046, 455.055 & 455.210 History: BCD 27-2008, f. 12-12-08, cert. ef. 1-1-09 BCD 5-2007, f. 5-11-07, cert. ef. 7-1-07 BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06 BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00
918-050-0120 Statewide Fee Methodologies for Electrical Permits An electrical permit fee shall be calculated based on the categories, procedures, and requirements established in OAR 918-309-0020 to 918-309-0070. A set minimum fee may be established. Statutory/Other Authority: ORS 455.048, 455.055 & 479.870 Statutes/Other Implemented: ORS 455.046, 455.055 & 479.870 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 9-2000, f. 6-15-00, cert. ef. 10-1-00
918-050-0130 Statewide Fee Methodologies for Manufactured Home Siting Permits (1) A municipality shall charge a single fee for the installation and setup of manufactured homes. This fee shall include the concrete slab, runners or foundations when they comply with the prescriptive requirements of the Oregon Manufactured Dwelling and Park Specialty Code, electrical feeder and plumbing connections and all cross-over connections. (2) Decks, other accessory structures and foundations that do not comply with the prescriptive requirements of the Oregon Manufactured Dwelling and Park Specialty Code, utility connections beyond 30 lineal feet, new electrical services or additional branch circuits, new plumbing, and other such items that fall under the building code may require separate permits. (3) When a municipality has reason to believe that the existing electrical service to a manufactured dwelling may be unsafe or inadequate, the municipality may require a separate permit to inspect the electrical service. [Publications: Publications referenced are available from the agency.] 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 31-2000, f. 12-27-00, cert. ef. 1-1-01 BCD 26-2000(Temp), f. 10-4-00, cert. ef. 1-1-01 thru 6-29-01 BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00