justicedao/ipfs_state_laws huggingface dataset:
918-020-0200 Review Procedures (1) The administrator may appoint one active building official from a municipality similar in size to the municipality subject to review and one contractor from an area similar in size to the municipality subject to review to assist and advise division staff during a general or interim review. Prior to beginning any general or interim review the division shall conduct an initial interview with the building official. (2) Review of Records. The division shall request that a municipality provide revenue and expense information prior to the actual site visit, and the opportunity to review documents and records, whether electronic or other media, regarding the administration and enforcement of a building inspection program. (3) General Administration and Compliance Review. The division shall review and verify compliance with the general administration and compliance program requirements described in OAR 918-020-0090. (4) Review of Prior Approved Construction Plans. The division may review a random selection of construction plans approved by the municipality during the subject reporting period and verify compliance with the minimum requirements of the applicable specialty codes. (5) Review of Inspections. The division may review a random selection of inspections completed by the municipality during the subject reporting period and verify compliance with the applicable specialty codes. (6) Post-Review Interview. At the completion of a general or interim review the division shall conduct a post-review interview with the building official or person designated by the building official. The reviewer shall describe the general results of the review, issue written notice regarding any failure to conform with the municipality’s operating plan that requires immediate attention, and generally respond to any questions. (7) Final Report. The division shall prepare and deliver a final written report describing the results of the review to a municipality within 60 days of completing a review. (8) The municipality being reviewed shall respond to the division’s final report conclusions within 30 days after receipt of the report, or request an extension. Statutory/Other Authority: ORS 455.030 Statutes/Other Implemented: ORS 455.150 History: BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022 BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96
918-020-0230 Contract Building Officials (1) Use of Contract Building Officials. (a) City. (A) A city may procure services from a contract building official only if the city complies with the provisions of 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 2, Paragraph (a) (Enrolled SB 866) and 2021 Oregon Laws Ch. 599, Sec. 5 (Enrolled SB 866) . (B) A city that procured services from a contract building official within the period described in 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 2 (Enrolled SB 866) may at any time choose to procure services from a different contract building official, may employ a building official or, in cooperation with another municipality, may appoint a building official employed by the other municipality to administer a building inspection program for both the city and the other municipality. (b) County. A county may procure services from a contract building official only if the county complies with the provisions of 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 2, Paragraph (b) (Enrolled SB 866) . (2) Notice from a Contract Building Official. Within five business days from making a discretionary decision, the contract building official must: (a) Notify a qualified employee in writing of the discretionary decision; and (b) Notify a permit applicant in writing of the discretionary decision that relates to the permit application. This notice must list and describe available opportunities for a hearing and appeal of the decision. Statutory/Other Authority: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) History: BCD 12-2021, adopt filed 11/18/2021, effective 01/01/2022
918-020-0240 Qualified Employees (1) Training. (a) Basic Training. Before exercising oversight over a contract building official, a qualified employee must complete the division’s basic training course for qualified employees. (b) Advanced Training. Within 180 days after a municipality’s designation of the individual as a qualified employee, the qualified employee must complete the division’s advanced training course for qualified employees. (c) The director will provide the qualified employee with evidence of satisfactory completion of the basic training and advanced training course. (2) Duties. A qualified employee must review and ratify or disapprove a contract building official’s discretionary decision in writing within 30 days after receiving notice of the decision. Statutory/Other Authority: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) History: BCD 12-2021, adopt filed 11/18/2021, effective 01/01/2022
918-020-0250 Local Boards (1) Use of Local Boards. (a) Except as otherwise provided in subsection (b) and (c) of this section, a municipality that procures services from a contract building official must establish a local board to which a permit applicant may appeal a contract building official’s discretionary decisions. (b) A city does not need to establish a local board if the county within which the city is located, or an adjacent county, has a local board that hears, in accordance with this rule, all appeals of the discretionary decisions of the city’s contract building official. (c) A county does not need to establish a local board if an adjacent county has a local board that hears, in accordance with this rule, all appeals of the discretionary decisions of the county’s contract building official or the discretionary decisions of all contract building officials for cities located within the county. (d) Agreements. (A) A city may enter into an agreement with the county within which the city is located, or an adjacent county, to hear appeals in accordance with this rule. (B) A county may enter into an agreement with an adjacent county to hear appeals in accordance with this rule. (2) Membership of Local Boards. (a) If a city establishes a local board under section (1)(a) of this rule, the city must include as a member the building official of the county within which the city is located or the building official of an adjacent county. (b) If a county establishes a local board under section (1)(a) of this rule, the county must include as a member a building official from an adjacent county. (c) A local board described in section (1)(a) of this rule may not include as a member: (A) Any contract building official; or (B) An owner, manager, director, officer or employee of a person, other than an employee of the municipality, that performs building inspections. (d) An individual who engages in the business of building design or construction may be a member of the local board, but may not hear an appeal of a contract building official’s discretionary decision concerning a project that involves a business, or competitor of a business, that: (A) The individual owns or manages or for which the individual provides services as an employee, agent or contractor; or (B) A family member or a member of the individual’s householder owns or manages or for which the family member or member of the household provides services as an employee, agent or contractor. Statutory/Other Authority: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) History: BCD 12-2021, adopt filed 11/18/2021, effective 01/01/2022
918-020-0260 Appeals of Discretionary Decisions to the Local Board (1) After receiving notice of the building official’s discretionary decision, a permit applicant has 30 days to submit an appeal to the local board. (2) In an appeal before the local board, the permit applicant has the burden of establishing by a preponderance of the evidence that overturning the discretionary decision of the contract building official will not create a dangerous or unsafe condition or decrease the minimum fire and life safety standards set forth in the relevant code. (3) Upon receipt of a notice of appeal, the local board has 30 days to review the appeal and issue a determination. (4) The appeal rights to which a permit applicant is entitled before a local board is in addition to, and not in lieu of, any other rights of appeal the permit applicant may have. Statutory/Other Authority: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) History: BCD 12-2021, adopt filed 11/18/2021, effective 01/01/2022
918-020-0270 Enforcement of 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) (1) If the director has reason to believe that a violation of 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) has occurred, the director may issue notice and take action under 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 8 (Enrolled SB 866 ). (2) If the director finds that a violation of ORS 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) has occurred, the director may issue and serve a written order upon the municipality, or upon a contract building official which the municipality procured services, that specifies corrective action. The order must state the facts and identify applicable law that forms the basis for the director’s finding that a violation has occurred and must give the municipality or the contract building official reasonable time, which may not be less than 10 business days, within which to perform the director’s specified corrective action. In addition, the director may require the municipality to: (a) Increase the frequency of the audit required under 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 6 (Enrolled SB 866 ) to once per year; (b) Submit a written plan that describes how the municipality will achieve compliance with 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) . If the director accepts the plan, the director will incorporate the provisions of the plan into an order that is binding upon the municipality; (c) State and document the actions that the municipality has undertaken independently to correct the violation; or (d) If the director finds that a pattern of violations of 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) has occurred, 2021 Oregon Laws Ch. 599, Sec. 2, Subs. (9), Paragraph (c) (Enrolled SB 866) applies. Statutory/Other Authority: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) History: BCD 12-2021, adopt filed 11/18/2021, effective 01/01/2022
918-020-0400 Statewide Master Builder Program — Application, Scope and Purpose The purpose of OAR 918-020-0400 to 918-020-0490 is to allow building officials to delegate plan review and verification authority to qualified builders. The division shall set statewide criteria to approve applications and administer testing for a master builder certification. Statutory/Other Authority: ORS 455.805 & 455.810 Statutes/Other Implemented: ORS 455.805 & 455.810 History: BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02
918-020-0410 Statewide Master Builder Program — Definitions For the purpose of OAR 918-020-0400 through OAR 918-020-0490, the following definitions apply: (1) "Building trade committee" means a group, including, but not limited to, two local general contractors, one local building official and any other persons having substantial expertise in various aspects of one and two family dwelling construction. (2) "General contractor" has the meaning given in ORS 701.005. (3) "Master builder" means a person certified under the provisions of OAR 918-020-0420. (4) "Qualified Construction Company" means a company that has been continuously licensed by the Construction Contractors Board during: (a) The preceding five years as a general contractor; or (b) At least the preceding two years as a general contractor and by one or more other states during the balance of the preceding five years in an occupation equivalent to that of a general contractor. (5) "Regular employee" is someone who: (a) Is continuously employed by, and on the regular payroll of, a qualified construction company; (b) Has filed a withholding exemption certificate pursuant to ORS 316.182 for work performed for the qualified construction company; and (c) Is available during working hours to supervise on-site dwelling construction including, but not limited to, supervising the installation through completion of: (A) Drywall; (B) Electrical systems; (C) Footings; (D) Foundations; (E) Framing; (F) Insulation; (G) Mechanical systems; (H) Plumbing systems; and (I) Stairs. (6) "Whole dwelling remodel" means a project that includes the installation in an existing dwelling of all the following: (a) Footings; (b) Foundations; (c) Framing; (d) Work that includes the installation of plumbing, electrical and mechanical systems; (e) Insulation; and (f) Drywall. Statutory/Other Authority: ORS 455.805 & ORS 455.810 Statutes/Other Implemented: ORS 455.805 & ORS 455.810 History: BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022 BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02
918-020-0430 Voluntary Establishment of a Master Builder Program (1) Local jurisdiction establishment of a master builder program is voluntary. A local jurisdiction electing to establish a program shall notify the division through their operating plan. If terminating a program, the local jurisdiction shall give notice to the division 180 days prior to terminating the program. (2) The division may implement a master builder program in one or more geographic areas for which the division provides plan review or inspection services. (3) A jurisdiction may not allow an individual to perform the duties of a master builder unless the jurisdiction has a master builder program. (4) The division shall maintain a list of jurisdictions that are participating in the statewide master builder program. Statutory/Other Authority: ORS 455.805 & 455.810 Statutes/Other Implemented: ORS 455.805 & 455.810 History: BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02
918-020-0440 Statewide Master Builder Program — Inspection Requirements that May Be Waived (1) Subject to OAR 918-020-0430 and 918-020-0450, a building official may waive certain jurisdictional responsibilities to a master builder on a project by project basis for the following inspections: (a) Drywall; (b) Footings and setbacks; (c) Foundation walls, concrete encased electrode; (d) Insulation; (e) Masonry fireplace pre-cover; (f) Masonry rebar; (g) Gutters, downspouts and foundation drains; (h) Roof sheathing nailing; (i) Suspended ceiling; (j) Underfloor structural; and (k) Wall sheathing nailing. (2) A building official for a jurisdiction that has a master builder program shall conduct inspections of at least 10 percent of projects built under a master builder program. Statutory/Other Authority: ORS 455.805 & 455.810 Statutes/Other Implemented: ORS 455.805 & 455.810 History: BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02
918-020-0450 Statewide Master Builder Program — Criteria to Waive Inspections or Plan Review (1) Under a master builder program, a building official may waive on a project-by-project basis some plan review elements and one or more of the required inspections identified in OAR 918-020-0330, if: (a) A master builder submits construction plans regulated by the One- and Two-Family Dwelling Specialty Code; and (b) The building official determines that: (A) The work is not of a highly technical nature; and (B) There is no unreasonable potential risk to safety of the structure. (2) A building official may not waive jurisdictional performance of plan review or required inspections for: (a) Special design applications that are complex and highly technical engineered systems; or (b) Unique building sites including, but not limited to, sites containing geologic hazards such as landslide hazard areas, floodplains and wetlands. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.805 & 455.810 Statutes/Other Implemented: ORS 455.805 & 455.810 History: BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02
918-020-0460 Statewide Master Builder Program — Verification Requirements A master builder shall: (1) Perform all plan review and required verifications that the building official has waived; and (2) Maintain copies of all documents and reports required by the local jurisdiction granting the waiver and provide those copies to the building official upon request. Statutory/Other Authority: ORS 455.805 & 455.810 Statutes/Other Implemented: ORS 455.805 & 455.810 History: BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02
918-020-0470 Statewide Master Builder Program — Assumption of Responsibility (1) When waiving government performance of plan review or required inspections, a building official shall require the master builder to sign a form that specifically identifies each waiver and that states that the master builder accepts the duty of performing the review and verifications. (2) A master builder who accepts the duty of performing a review or verification remains responsible for that duty unless released by written and signed permission of the building official. A building official may release a master builder from a review or verification by a written and signed assumption of the review or inspection duty by the building official or written and signed assumption of the review and verification duty by another master builder. Statutory/Other Authority: ORS 455.805 & 455.810 Statutes/Other Implemented: ORS 455.805 & 455.810 History: BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02
918-020-0480 Statewide Master Builder Program — Revocation of Waiver A building official who has a master builder program: (1) May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, plan review or verification duties as required by these rules; and (2) Shall, within 90 days, notify the division when the building official revokes a waiver. Statutory/Other Authority: ORS 455.805 & 455.810 Statutes/Other Implemented: ORS 455.805 & 455.810 History: BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02
918-020-0490 Statewide Master Builder Program — Effective Dates (1) If an individual applies on or before January 1, 2006, to be a master builder, and the individual has performed or supervised a dwelling construction or whole dwelling remodel in each of the five preceding calendar years, the division may waive the geographical requirement of OAR 918-020-0420(b); (2) Section (1) of this rule is repealed July 1, 2007. The repeal does not invalidate any certification granted prior to July 1, 2007. (3) If an individual was certified under a master builder pilot program, the division may waive any requirement of OAR 918-020-0420(1)(b) and (c), in granting master builder certification to that individual. If an individual was certified under a pilot program and is in good standing under that pilot program, the division may grant the individual temporary certification that allows the individual to act as a master builder in accordance with these rules for the purpose of completing a project commenced under the pilot program. The temporary certification shall expire 90 days following December 31, 2001. Notwithstanding OAR 918-020-0450, a waiver under a pilot program granted by a building official to a master builder on or before December 31, 2001, shall continue to be valid for an individual with a temporary certification under this section. Statutory/Other Authority: ORS 455.805 & 455.810 Statutes/Other Implemented: ORS 455.805 & 455.810 History: BCD 6-2002, f. 3-25-02, cert. ef. 4-1-02
918-030-0000 Purpose and Scope OAR 918, division 30 establishes the general licensing requirements and procedures for individuals and businesses licensed by the appropriate board or by Building Codes Division. These rules apply to individuals and businesses required to be licensed under provisions of ORS chapters 447.110 to 447.156, 460.005 to 460.175, 479.510 to 479.945, 480.510 to 480.670 and 693. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 183.335 & 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
918-030-0010 Definitions As used in OAR 918, division 30 and division 35, terms are defined as follows unless context requires otherwise: (1) “Applicant” means a person that applies for a license in the manner established by these rules. (2) “Appropriate Board” means the advisory board that has authority over a particular license or licensee. (3) “Appropriate rules” refers to the administrative rules containing specific licensing criteria that are located in OAR 918 division 225, division 282, division 400, division 695 and division 780. (4) “Code cycle” means the period from adoption of the current Oregon Specialty Code to the adoption of a new Oregon Specialty Code. Adoption refers to the base model code and does not mean amendment of the Oregon Specialty Code. (5) “Director” means the Director of the Department of Consumer and Business Services. (6) “Lawful work experience” means work experience in a jurisdiction that was gained in compliance with that jurisdiction’s regulations. Lawful experience may include: (a) Work experience gained while licensed for the scope and type of work performed; and (b) Work experience gained while in the employ of a licensed employer when the employee is not required to have a license. (7) “Person” means individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, and public agencies. "Person" also means the owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company if: (a) The interest allows the owner or holder to participate in the management of the business; and (b) The owner or holder of the interest has either had a division issued license revoked or been the recipient of a notice of proposed civil penalty from the director or the appropriate board. (8) For purposes of ORS 447.040, 479.620, 480.630 and any other license regulated by ORS chapter 455, “engaging in the business” means to advertise or solicit, contract or agree to perform, or to perform, work for which a license or permit is required under Oregon law, including but not limited to a single instance. (9) “Reciprocal Jurisdiction” means a state with a current reciprocal licensing agreement with the state of Oregon. (10) “Registered” when referring to an apprenticeship program or a training committee means that the program or committee has been registered under the standards adopted by the Oregon Bureau of Labor and Industries or approved by the appropriate advisory board. (11) “Valid” license means a license issued by either the appropriate board or division that has not expired and has not been suspended or revoked. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 183.335, 455.117 & 455.127 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