justicedao/ipfs_state_laws huggingface dataset:
918-090-0310 Quality Control Manual — Record Keeping Requirements (1) Businesses registered with the division to hire persons to perform specialty code plan reviews and inspections shall maintain records required by these rules including but not limited to: (a) Plan review and inspection activity with the jurisdiction and address; (b) For plan review the use of the building, size and its valuation; (c) Any documents maintained by the business, relating to inspector and plans examiner certifications; and (d) Inspector and plans examiner continuing education records. (2) Where the business is the only provider of inspection and plan review services to a municipality, the municipality’s records may substitute for the requirements of Section (1) of this rule. (3) Proof of insurance for a minimum of four years following expiration or use of their business registration. 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
918-090-0320 Quality Control Manual — Requirements for Plan Review for Simple One- and Two-Family Dwellings The following minimum requirements apply to registered businesses and licensees who are designated plan reviewers providing plan reviews for simple one- and two-family dwellings pursuant to ORS 455.465. The business or licensee shall: (1) Receive the plan and verify that it is complete using a plan intake checklist approved by the division; (2) Use appropriately certified and licensed individuals, to review the plan, document any code deficiencies in writing and cite the applicable code sections; (3) When necessary, require revised plans or additional information to complete the review; (4) Mark all required sets of plans as reviewed by a licensed plan reviewer with a stamp that includes the licensee’s printed name and signature, date and license number; (5) Attach the list of plan review corrections to each set of plans; (6) Return plans, plan review correction list and any supporting documents to the applicable jurisdiction or to the applicant for submittal to the authority having jurisdiction; (7) Send a copy of the plan correction list directly to the authority having jurisdiction; and (8) Make files relating to each plan review available to the applicant, the authority having jurisdiction and the division for review. 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 16-2000, f. 8-4-00, cert. ef. 10-1-00
918-090-0400 Specialty Code Plan Reviewer and Inspector License and Business Registration Monitoring This rule will become effective October 1, 2000. (1) The division shall conduct monitoring of registered businesses or licensees with prior notice during any reasonable time. Monitoring shall include a review of the work performed by a registrant or licensee. (2) Division monitoring may take place at the registrant’s place of business, at the location where business records are kept or at the building or project site. Following completion, monitoring reports shall be forwarded to the registrant or licensee in a timely manner. (3) The division shall review and monitor the records and performance of each registrant or licensee to assure conformance with ORS Chapter 455, the Oregon specialty codes and these rules. The division shall review and monitor each registrant or licensee at least once every two years. To the degree possible and where applicable, these reviews shall be coordinated with local program reviews. (4) The registrant or licensee shall make available to the division all requested documents in their possession including but not limited to: (a) Quality Control Manual(s) and other approved policies and procedures; (b) Plan review records and status reports; (c) Inspection records and reports; (d) Reviewed and approved plans; (e) Test records and reports; (f) Copies of approved alternate materials, design or methods of construction and modifications; (g) Contracts for plan review and inspection services; (h) Continuing education records required under OAR 918, divisions 090, 098, 281, 695, or 780; (i) Where permits are issued and inspections performed, accounting records necessary to verify accurate collection and payment of state surcharges; (j) Approval of special inspectors and their reports; and (k) Appropriate insurance records. 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 11-2000, f. 6-23-00, cert. ef. 7-1-00
918-090-0910 Enforcement — Penalty Guidelines (1) For the purposes of this rule, an employer of the licensee is defined by ORS 652.310. This includes any person who engages personal services of one or more other persons. (2) A relative is defined by ORS 95.200. This includes relatives of both the plan reviewer and the spouse of the plan reviewer. (3) Persons subject to the penalties set forth in ORS 455.895 include, but are not limited to, the following: (a) An individual who performs and approves specialty code plan reviews or inspections while neither an employee of a municipality or the division, nor licensed by the division as a plan reviewer and inspector. (b) An individual who performs and approves specialty code plan reviews or inspections for a fee or other valuable consideration while not an employee of a municipality, the division, or a business registered by the division as a plan reviewer and inspector business. (c) An individual whether or not licensed as a plan reviewer and inspector, or other entity, purporting to perform specialty code plan reviews or inspections without being registered with the division as a plan reviewer and inspector business. (d) A person, other than a municipality or the division, who employs or contracts with an unlicensed person to perform specialty code plan reviews or inspections. (e) A licensed plan reviewer and inspector who performs an inspection on a simple one- or two-family dwelling for which they previously performed a plan review while acting in the capacity of a designated plan reviewer under ORS 455.465. (f) Any individual, including municipal or division employees, who performs a plan review or inspection for a project in which the plan reviewer and inspector, or the plan reviewer and inspector’s employer or relative, has any financial interest or business affiliation. Registrants and their employees, and employees of a municipality or the division may perform plan reviews or inspections of projects owned by any municipality or the State of Oregon. (g) Any licensed specialty code plan reviewer and inspector who performs plan reviews or inspections in a specialty code area in which they do not hold a valid certification. (h) Any licensed specialty code plan reviewer and inspector whose license has been suspended, revoked or is invalid for any other reason, who performs plan reviews or inspections. (i) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association who personally participates in, or is an accessory to, any violation listed in these rules. Statutory/Other Authority: ORS 455.455 & 455.895 Statutes/Other Implemented: ORS 455.455 & 455.895 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
918-090-0920 Investigation and Enforcement For the purposes of administering and enforcing ORS 455.455 through 455.471, the division may charge a fee of $60 per hour when additional investigation or analysis is necessary. Statutory/Other Authority: ORS 455.457 & 455.461 Statutes/Other Implemented: ORS 455.457 & 455.461 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
918-090-0930 License and Registration Revocation, Cancellation or Suspension (1) For the purpose of ORS 455.457, failing to achieve or maintain licensing competency or acting in such a manner that otherwise constitutes a danger to the public health or safety includes, but is not limited to, the following: (a) Failing to complete required continuing education requirements; (b) Failing to renew the license prior to expiration; (c) Employing or contracting with uncertified or unlicensed plan reviewers, plans examiners and inspectors; (d) Repeatedly failing to perform plan reviews or inspections that meet the minimum requirements of the Oregon Specialty Codes; (e) Repeatedly failing to require correction of conditions that are in violation of the Oregon Specialty Codes; (f) Failing to maintain plan review or inspection report records; (g) Consistently failing to perform plan reviews or inspections in a timely manner; (h) Failing to meet the provisions of their quality control manual as approved by the division; (i) Failing to meet the division’s reporting requirements; (j) Failing to submit and comply with an approved monitoring report correction plan; (k) Entering into a project where the registrant or licensee has any financial interest or business affiliation; (l) Submitting false information in application for certification; (m) Submitting false information in plan reviews and inspection reports; (n) Altering or falsifying plan review or inspection reports or records; (o) Failing to maintain insurance as required by these rules; (p) Failing to maintain at least one specialty code plans examiner or inspector certification as required by OAR 918-090-0210 to perform the scope of work defined in the business quality control manual; (q) Violating any Oregon law or the administrative rules adopted thereunder relating to any specialty code; or (r) Committing any other activity prejudicial to the Oregon Specialty Codes in locations subject to the authority of the registrant or licensee. (2) A person whose license or registration has been revoked or suspended under ORS 455.457 and this rule may apply for its reinstatement not less than 90 days from the date of the revocation or suspension unless otherwise stated in the final order or these rules. The division may withhold reinstatement of a license or registration for up to one year, or until resolution of the alleged violations for which the license or registration was suspended. (3) When a license or registration is suspended for any reason, it is necessary for the licensee or registrant to continue to comply with continuing education requirements where applicable and to apply for and pay for renewal of the license to prevent cancellation of the license by operation of law. In the event a license is revoked, the licensee or registrant will need to reapply as a new applicant. 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 16-2000, f. 8-4-00, cert. ef. 10-1-00
918-098-1000 Purpose and Scope (1) These rules establish minimum training, experience, certification, and certification renewal requirements for building officials and persons who perform specialty code plan review and inspections in this state. (a) The certification requirements for commercial plumbing and electrical inspectors are located in OAR 918-695-0400 through 918-695-0410 and 918-281-0000 through 918-281-0020. (b) Plan review and inspections required under the Oregon Reach Code are to be performed by individuals certified under these rules, OAR chapter 918, division 281, or chapter 918, division 695 to conduct plan review or inspections for the specialty code under which the particular Reach Code provision is regulated. (2) Nothing in these rules is intended to allow a person to violate statute or rule or change certification and licensing requirements set forth in statute. (3) Nothing in these rules prevents the director from waiving procedural requirements in the rare circumstance where substantial compliance is impracticable. (4) Nothing in these rules prevents the director from pursuing actions under ORS 455.125, 455.127, 455.129, 455.740, 455.895 or these rules. (5) For the purpose of these rules, “plan reviewer” and “plans examiner” have the same meaning. Statutory/Other Authority: ORS 455.500 & ORS 455.720 Statutes/Other Implemented: ORS 455.500, ORS 455.720, ORS 446.250, ORS 455.622 & 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) History: BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022 BCD 5-2014, f. & cert. ef. 4-1-14 Reverted to BCD 34-2011, f. 12-30-11, cert. ef. 1-1-12 BCD 1-2013(Temp), f. 2-1-13, cert. ef. 2-2-13 thru 7-31-13 BCD 34-2011, f. 12-30-11, cert. ef. 1-1-12 BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 20-2011(Temp), f. & cert. ef. 7-12-11 thru 12-31-11 BCD 7-2011, f. & cert. ef. 3-11-11 BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10 BCD 18-2006, f. 12-29-06, cert. ef. 1-1-07 BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06 BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05
918-098-1020 Expanded Scope of Work for Oregon A- or B-Level or Commercial Mechanical Inspectors Unless stated otherwise within this rule, this rule is applied retroactively from July 1, 2010. (1) Persons may conduct inspections of brazing or welding work related to the installation, alteration, or repair of refrigeration piping systems, except as regulated by the Oregon Boiler and Pressure Vessel Program under OAR chapter 918, division 225. (2) To perform work under section (1) of this rule, these persons must successfully complete a training program in accordance with either Section IX, "Welding and Brazing Qualification" of the ASME Boiler and Pressure Vessel Code, or AWS B2.2, "Standard for Brazing Procedure and Performance Qualification" administered by a division-approved organization. (3) Inspector certification for refrigeration piping in residential structures is not required. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.720 Statutes/Other Implemented: ORS 455.720 History: BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 7-2011, f. & cert. ef. 3-11-11 BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10 Renumbered from 918-098-1080, BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07 BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0900 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0900 BCD 2-2001, f. 2-2-01, cert. ef. 7-1-01
918-098-1028 Oregon Inspector Certification and Oregon specialty code certification Renewal and Expiration Process (1) Renewal of an Oregon Inspector Certification is required to renew any associated Oregon specialty code certifications. To renew an Oregon Inspector Certification or an Oregon specialty code certification a person must: (a) Complete and submit the division issued Oregon Inspector Certification renewal form; (b) Complete and submit the Oregon specialty code certification form for the specialty code certifications being renewed; (c) Provide documentation that all continuing education course requirements are complete as required by the division under OAR 918-098-1450; and (d) Pay the $125 Oregon Inspector Certification renewal fee for the three-year term. (2) Oregon Inspector Certification and associated Oregon specialty code certifications expire on June 1, 2023, and every three years thereafter. (a) If an Oregon Inspector Certification or an associated Oregon specialty code certification is not timely renewed before their expiration date the inspector may not perform work under the expired certification except as allowed under this rule. (b) A person holding a certification that has expired, but has paid the required renewal fee and submitted the required renewal forms may continue to work with an expired certification under the following conditions: (A) From June 1 to June 30 of the renewal year, a person may continue to work as long as they are making progress to complete their continuing education requirements to renew the expired certification. (B) From July 1 to July 31 of the renewal year the person will need to obtain the approval of their supervising building official to continue working under an expired certification. The supervising building official will need to notify the division in writing of the intent to allow the person to continue working under their expired certification while they complete the continuing education renewal requirements. (C) If the person does not renew during the period in this section, the person may not continue to work under the expired certification. A new application and certification are required in order to perform work requiring an active certification. (3) The division will send one renewal notification to the address on file of the certification holder at least 45 days prior to certification expiration. It is the responsibility of the certification holder to notify the division of a change of address. Statutory/Other Authority: ORS 455.720, 455.730 & 455.735 Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735 History: BCD 10-2022, amend filed 09/29/2022, effective 10/01/2022 BCD 8-2016, f. 6-30-16, cert. ef. 7-1-16 BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 7-2011, f. & cert. ef. 3-11-11 BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10
918-098-1300 Certifications Related to Manufactured Structures and Parks Scope. The rules in OAR 918-098-1300 to 918-098-1330 relate to certifications for inspectors and plans examiners dealing with manufactured dwellings, manufactured dwelling parks, organizational camps, recreation parks, and picnic parks. (1) A person issued a manufactured structure installation inspector, manufactured structure construction inspector, or park and camp inspector certification must also possess a valid Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing inspections. (2) Hiring Non-Certified Persons. The division or a jurisdiction may employ a person not meeting the minimum requirements of OAR 918-098-1305 through 918-098-1320 while the person is being trained or waiting to qualify to take the division examination. During this period, the person may only perform inspections or plan reviews under the direct supervision of appropriately certified trainers. Training must be provided by an inspector or plans examiner having a minimum of three years experience in the same certification or a person approved by the board. This rule does not waive the requirements of ORS 455.730 or permit the division or jurisdiction to hire or use persons whose certifications have lapsed or been revoked. (3) Inspectors and plans examiners of prefabricated structures do not require special certifications but must have the appropriate certifications required for performing inspections or plan reviews under the specific specialty code being used. (4) Applicable definitions in OAR 918-098-1005 apply in addition to the following definitions that only apply to 918-098-1300 through 918-098-1330: (a) "Board" means the Residential and Manufactured Structures Board. (b) "Building Construction," relating to experience qualifications, means site-built construction, prefabricated construction, or manufactured structure construction. (c) "One Year," relating to experience qualifications, means 2,000 hours of work experience, 45 or more credit hours of schooling in the quarter system, or 30 or more credit hours of schooling in the semester system. Statutory/Other Authority: ORS 455.720 Statutes/Other Implemented: ORS 446.250 & 455.720 History: BCD 16-2019, amend filed 12/12/2019, effective 01/01/2020 BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 7-2011, f. & cert. ef. 3-11-11 BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10 BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06 BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0300 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0300 BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97, Renumbered from 918-099-0130 BCA 25-1990, f. & cert. ef. 10-17-90
918-098-1305 Manufactured Structure Installation Inspector Certification (1) Scope of Activities and Authority. (a) A manufactured structure installation inspector conducts onsite field inspections of manufactured dwelling installations including site preparation, setbacks, drainage, stand, foundation support, earthquake bracing systems, tie-downs, under-floor enclosures, access, egress, plumbing utility connections (within 30 lineal feet of the manufactured dwelling), mechanical connections and electrical feeder assembly connections (as defined by Article 550 of the National Electrical Code), electrical fixture connections, and plumbing, mechanical, and electrical crossover connections for manufactured structures under ORS 446.230 and 446.240; (b) This certification does not include inspections or plan reviews of manufactured dwelling alterations or manufactured structure accessory structures and accessory buildings. See OAR 918-098-1325 and 918-098-1330 for certification requirements. (c) This certification can be used only in a jurisdiction that: (A) Meets all of the requirements of this rule and OAR 918-500-0055; (B) Complies with ORS 446.250 and 446.253(2) relating to the delegation of full responsibility for permit issuance and inspections; (C) Issues permits according to ORS 446.253; and (D) Enforces the current edition of the Oregon Manufactured Dwelling Installation Specialty Code, the provisions of OAR chapter 918, division 500, and all referenced standards contained therein. (2) A Manufactured Structure Installation Inspector must also possess an Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing inspections. (3) Revocation. The division is authorized to revoke this certification under ORS 446.255. Persons certified under this rule who fail to meet the minimum continuing education requirements are subject to revocation. If the minimum continuing education is met within 60 days from the date it was originally due, the division may discontinue any pending revocation action based on a failure to meet minimum continuing education requirements. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.250, 446.255 & 455.720 Statutes/Other Implemented: ORS 446.250, 446.255 & 455.720 History: BCD 6-2017, f. 6-27-17, cert. ef. 7-1-17 BCD 1-2017(Temp), f. & cert. ef. 1-19-17 thru 7-17-17 BCD 6-2016, f. & cert. ef. 4-1-16 BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11 BCD 7-2011, f. & cert. ef. 3-11-11 BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10 BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10 BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07 BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0310 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0310 BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97, Renumbered from 918-099-0135 BCA 25-1990, f. & cert. ef. 10-17-90