justicedao/ipfs_state_laws huggingface dataset:
918-098-1500 Building Official and Inspector Sanctions Process (1) Failure to act in the public interest in the performance of their duties in accordance with ORS 455.740 shall include, but not be limited to: (a) Providing or having knowledge of, false education, work experience or documentation being used to meet certification or continuing education requirements, or during the examination, using unauthorized notes, examinations or examination answers at an examination, copying from another, allowing another to copy or otherwise use unauthorized methods to gain an advantage or give another person an advantage during an examination; (b) Failing to complete continuing education requirements; (c) Permitting, allowing or performing plan reviews or inspections without proper certification; (d) Engaging in a pattern that fails to enforce the specialty code, including statewide code interpretations, site-specific interpretations, directives or other building program requirements and failure to allow the use of alternate method rulings; (e) After notification, engaging in a pattern of requiring construction or installations to exceed the requirements of the specialty codes, unless otherwise specified by the designer(s); (f) Requiring an individual to approve structures or installations that do not comply with the specialty codes; (g) Failing to properly perform inspections or plan reviews; (h) Engages in unprofessional behavior; or (i) Any other activity prejudicial to the administration and enforcement of the state building code. (2) Upon a finding of a violation of section (1) of this rule, the director may, in accordance with the requirements of ORS Chapter 183, place conditions on a certification in lieu of suspension or revocation. (3) In determining the appropriate sanction any applicable factors shall be taken into account, including, but not limited to: (a) Prior history of violations; (b) Extent to which corrective action was taken; and (c) The element of risk or danger to any person caused by the violation. (4) A person sanctioned under this rule may re-apply for a certification provided the person waits the specified time period as stated below: (a) A minimum of one year from the date an application was denied; (b) A minimum of one year from the date a final order was signed; or (c) A date specified in a final order. Statutory/Other Authority: ORS 455.740 Statutes/Other Implemented: ORS 455.740 History: BCD 5-2014, f. & cert. ef. 4-1-14 BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0500 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0500 BCD 11-2004, f. 8-13-04, cert. ef. 10-1-04 BCD 13-2001, f. 9-28-01, cert. ef. 10-1-01
918-098-1505 Oregon Inspector Certification Sanctions When the Director is authorized to deny, condition, suspend, immediately suspend, revoke, or refuse to renew any building inspection program certification held by an individual, the Director may also deny, condition, suspend, immediately suspend, revoke, or refuse to renew the Oregon Inspector Certification held by that same individual. This rule is applied retroactively from July 7, 2005. Statutory/Other Authority: ORS 455.030, 455.055, 455.110, 455.720, 455.730 & 455.740 Statutes/Other Implemented: ORS 455.740 History: BCD 14-2014, f. 12-30-14, cert. ef. 1-1-15 BCD 8-2014(Temp), f. & cert. ef. 8-26-14 thru 2-22-15
918-098-1510 Purpose and Scope (1) The specialized inspector certification program, in OAR 918-098-1510 through 918-098-1591, establishes a program for training, qualifying and certifying individuals as specialized building inspectors authorized to perform inspections and enforce portions of the state building code. Inspector certifications cover limited commercial and other multidisciplinary inspections that presently are not independently authorized by the division in existing inspector certifications. (2) Specialized inspectors may, after receiving certification issued under these rules, conduct inspections as provided in these rules. These rules apply to applicants and certificate holders, training providers, and participating jurisdictions for the purposes of administering and enforcing the restrictions and requirements under these rules. Statutory/Other Authority: ORS 455.720, 455.730 & 455.735 Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735 History: BCD 7-2012, f. 6-27-12, cert. ef. 7-1-12 BCD 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-30-12 BCD 27-2011, f. 9-30-11, cert. ef. 10-1-11 BCD 25-2011(Temp), f. & cert. ef. 8-18-11 thru 10-1-11 BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11 BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11
918-098-1520 Specialized Inspector Qualifications (1) All applicants for specialized certifications must have: (a) A valid Oregon Inspector Certification; (b) A valid Oregon Code Certification to perform inspections, as identified in the rule requirements for the specialized certification sought; (c) Employment as an inspector and experience performing inspections in Oregon for a minimum of one year in the specialty code area that the applicant is seeking specialized certification. (2) An applicant for certification as a specialized inspector must: (a) Submit an application on a division-approved form. (b) Submit the designated application and training fees. (c) Identify the certifications sought, the certifications presently held by the applicant, and the applicant’s qualifying experience performing inspections. (3) Incomplete applications or applications submitted without payment will not be processed. (4) If an application is approved, the applicant will be notified and may begin the specialized inspector certification process. (5) When an application is not approved by the division, the applicant’s training fee will be refunded. The application fee will not be refunded or waived for future applications. (6) The application and training fee for all specialized inspector certifications is $200. Statutory/Other Authority: ORS 455.720, 455.730 & 455.735 Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735 History: BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11 BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11
918-098-1525 ORS 455.732 Inspector Certifications (1) A building official or a person seeking a certification under ORS 455.732 must submit a request to the division. A request may include, but is not limited to: (a) Any relevant experience or training; (b) Any relevant licenses or certifications, including those issued by a national organization or another state; and (c) The scope of work the person is seeking to perform. (2) The division may, after evaluation, issue a certification outlining the scope of work the person may perform and any limitations applicable to the certification. Limitations may include types of structures, geographical area, etc. (3) The scope of a certification issued under this rule may be expanded upon further training and evaluation by the division. (4) Evaluations performed for the purposes of issuing a certification under this rule may be performed by a team of professionals knowledgeable in the programs covered by the certification. (5) A person issued a certification to perform inspections or plan reviews under this rule must obtain an Oregon Inspector Certification prior to performing any work authorized under this certification. Statutory/Other Authority: ORS 455.720, 455.723, 455.732 & 455.735 Statutes/Other Implemented: ORS 455.720, 455.723, 455.732 & 455.735 History: BCD 5-2014, f. & cert. ef. 4-1-14
918-098-1530 Training Programs (1) Approved applicants must complete an appropriate division-approved training program and pass a division-approved examination for the desired specialized certification. Training program requirements are stated in 918-098-1570 for the Specialized Plumbing Inspector Certification, in 918-098-1580 for the Specialized Electrical Inspector Certification, and in 918-098-1590 and 918-098-1591 for the Specialized Finals Inspector Certification. (2) Approved fieldwork supervisors must be qualified by training, licensure, and experience to perform the specialized inspector certification fieldwork inspections being performed. (3) Fieldwork Training. A specialized inspector certification applicant is eligible to perform the required fieldwork training after the applicant has begun the division training program. (4) Fieldwork Supervision. All specialized certification fieldwork training must be supervised and verified by an inspector with a valid Oregon Inspector Certification required to conduct the inspections being performed. (a) An applicant’s fieldwork training must be documented on a division-approved form and signed by the inspector who supervised the inspections. (b) An inspector supervising and verifying an applicant’s fieldwork training may not be qualified to conduct the inspections performed based solely on a specialized inspector certification issued according to these rules. (5) Alternate Evaluation. The division may evaluate the skill and knowledge level of a specialized inspector applicant in lieu of some or all of the fieldwork requirements. (6) Fieldwork Training Approval. A specialized inspector certification applicant must submit proof of completed fieldwork training, or alternate evaluation and approval by the division, to the division for verification and approval, and issuance of specialized inspector certification. (7) Examination Approval. A specialized inspector certification applicant is eligible to take a certification examination once the application has been approved by the division. A certification will not be issued until the division receives proof that the applicant has successfully completed the required training program and passed the exam. Statutory/Other Authority: ORS 455.720, ORS 455.730 & ORS 455.735 Statutes/Other Implemented: ORS 455.720, ORS 455.730 & ORS 455.735 History: BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022 BCD 18-2012, f. 12-27-12, cert. ef. 1-1-13 BCD 13-2012(Temp), f. & cert. ef. 11-7-12 thru 5-6-13 BCD 7-2012, f. 6-27-12, cert. ef. 7-1-12 BCD 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-30-12 BCD 27-2011, f. 9-30-11, cert. ef. 10-1-11 BCD 25-2011(Temp), f. & cert. ef. 8-18-11 thru 10-1-11 BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11 BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11
918-098-1540 Specialized Inspector Examination (1) Examinations for a specialized inspector certification must be approved by the division. (2) Applicants for specialized inspector certifications who fail the examination may reapply to retest by submitting a reapplication form and required $80 fee within 30 days after the failed attempt. (3) If an applicant fails to take a specialized inspector certification examination within 60 days of being approved to do so, the applicant must reapply to the division to take the examination by submitting a reapplication form and required $80 fee. (4) An applicant who reapplies is not required to requalify for the examination or provide qualification information in addition to the exam application unless the specialized certification requirements have changed since the applicant originally applied for certification. Statutory/Other Authority: ORS 455.720, 455.730 & 455.735 Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735 History: BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11 BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11
918-098-1550 Specialized Inspector Certification Issuance and Expiration (1) Upon receiving proof of completion of all requirements listed in these rules, the division may issue the appropriate specialized inspector certification. (2) The scope of a certification may be tailored to an individual’s knowledge level and skill as determined by the division through an independent evaluation, but may not exceed the scope of work allowed under the rules. (3) A person holding a valid specialized inspector certification may only perform the duties authorized under that certification provided the person is employed or otherwise authorized by a municipality or the division. (4) All specialized certifications remain valid provided the holder maintains a current Oregon Inspector Certification. Should the holder fail to maintain a valid Oregon Inspector Certification, all certifications, including any specialized certification issued under this rule, become invalid and the holder may not conduct any inspections until the Oregon Inspector Certification is again valid. Statutory/Other Authority: ORS 455.715, ORS 455.720, ORS 455.723, ORS 455.730 & ORS 455.735 Statutes/Other Implemented: ORS 455.715, ORS 455.720, ORS 455.723, ORS 455.730 & ORS 455.735 History: BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022 BCD 5-2014, f. & cert. ef. 4-1-14 BCD 18-2012, f. 12-27-12, cert. ef. 1-1-13 BCD 13-2012(Temp), f. & cert. ef. 11-7-12 thru 5-6-13 BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11 BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11
918-098-1570 Specialized Plumbing Inspector Certification (1) Specialized plumbing inspectors may inspect plumbing and piping systems conveying potable water, storm, or domestic sanitary sewage in new commercial buildings: (a) Less than 75 feet above grade in height as defined in the Oregon Structural Specialty Code; (b) Containing a building water service two inches or less in nominal interior diameter; and (c) That do not contain any of the plumbing and piping systems listed in section (4). (2) Specialized plumbing inspectors may inspect plumbing and piping systems conveying potable water, storm, or domestic sanitary sewage in existing commercial buildings less than 75 feet above grade in height as defined in the Oregon Structural Specialty Code, except for they may not inspect the specific systems listed in section (4). (3) Specialized plumbing inspectors may conduct inspections on plumbing or piping systems in new or existing residential buildings that a residential plumbing inspector may inspect under OAR 918-098-1210. (4) Specialized plumbing inspectors cannot inspect the following plumbing and piping systems: (a) Installation or alteration of a medical gas and vacuum system for health care facilities; (b) Installation or alteration of chemical drainage, waste and vent systems containing chemical agents potentially detrimental to the integrity of a plumbing system; (c) Installation or alteration of waste water pre-treatment systems for building sewers; (d) Installation of vacuum drainage, waste and vent systems; (e) Installation or alteration of reclaimed water systems; (f) Installation of a commercial booster pump system needed to maintain minimum residual water pressure in a structure supplied by a municipal source; or (g) Food service plumbing systems. (5) As a condition of entering a training program, an applicant must: (a) Hold valid Oregon Code Certification as a one- and two-family or residential plumbing inspector; (b) Have been employed as an inspector and performed inspections as a one- and two-family or residential plumbing inspector for a minimum of one year prior to applying for Specialized Plumbing Inspector Certification. (c) Complete a specialized plumbing inspection training program that meets the minimum requirements established by the division, consisting of: (A) Instructional coursework; and (B) Supervised fieldwork inspections. (d) Pass a division-approved examination. Statutory/Other Authority: ORS 455.720, 455.730 & 455.735 Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735 History: BCD 6-2024, amend filed 06/26/2024, effective 07/01/2024 BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11 BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11
918-098-1580 Specialized Electrical Inspector Certification (1) Scope of Activities and Authority. (a) Specialized Electrical Inspectors may conduct electrical inspections in buildings less than 75 feet above grade as defined in the Oregon Structural Specialty Code where the building service or the feeder to the electrical installation being inspected is not more than 400 amps at less than 150 volts to ground or 200 amps at 150 volts or more to ground. (b) A Specialized Electrical Inspector may not inspect any of the following: (A) Separately derived systems, other than renewable energy, rated more than 150kw; (B) Renewable energy systems rated more than 25kw; (C) Occupancies classified as Assembly or Education, or any (I)-Institutional Occupancies as defined in the Oregon Structural Specialty Code; (D) Installations governed by Chapter 5 or Articles 610, 668, 669, 695 and 700 of the Oregon Electrical Specialty Code, except for the following: (i) Electrical connection to or alteration of a single mobile home, recreational vehicle or manufactured dwelling, including the service but excluding park construction, alteration or enlargement. (ii) Agricultural buildings that do not contain excessive dust or corrosive areas as defined in the Oregon Electrical Specialty Code 547.1 (A) and (B). (E) New or replacement motor loads over 100 HP. (2) Procedure for Qualification. An applicant for certification under this rule must meet the general qualifications in OAR 918-098-1520 and Section (3) of this rule, complete a training program that meets minimum requirements established by the division, make application, pay the required fees, and pass a division-approved examination. (3) Experience, Education, and Training Requirements. Specialized Electrical Inspector Certification applicants must have: (a) A current One- and Two-Family or Residential Electrical Inspector Oregon Code Certificate; (b) Held a current One- and Two-Family or Residential Electrical Inspector Oregon Code Certificate for one year prior to applying for Specialized Electrical Inspector Certification; and (c) Been employed as an inspector and performed inspections in the specialty code area listed in (a) above for a minimum of one year prior to applying for Specialized Electrical Inspector Certification. (4) Certification. Upon completion of all training, and after passing a division-approved examination, the division will certify an applicant as a Specialized Electrical Inspector, and issue the appropriate documentation. Statutory/Other Authority: ORS 455.720, 455.730 & 455.735 Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735 History: BCD 27-2011, f. 9-30-11, cert. ef. 10-1-11 BCD 25-2011(Temp), f. & cert. ef. 8-18-11 thru 10-1-11
918-098-1590 Specialized Finals Inspector Certification (1) Scope of Activities and Authority. Specialized finals inspectors may upon receipt of this certification conduct final inspections of one- and two-family dwellings constructed under the Oregon Residential Specialty Code as provided by the Director through rule. (2) Procedure for Qualification. An applicant for certification under this rule must meet the general qualifications in OAR 918-098-1520, 918-098-1530 and this rule. (3) Experience, Education, and Training Requirements. (a) As a condition of entering a specialized finals inspector training program: (A) Applicants must hold valid Oregon Inspector Certification and at least one appropriate certification to perform either residential or commercial mechanical, structural, electrical or plumbing inspections in Oregon; and (B) Been employed as an inspector and performed inspections of the Oregon Structural or Residential Specialty Codes, Oregon Mechanical Specialty Code, Oregon Electrical Specialty Code, or Oregon Plumbing Specialty Code for a minimum of one year prior to applying for the Specialized Finals Inspector Certification. (b) Applicants must complete a specialized finals inspector training program that meets the minimum requirements established by the division, and consists of: (A) Classroom coursework; and (B) Required fieldwork inspections (c) After completion of the classroom coursework and required field inspections, applicants must successfully pass a division-approved examination. (d) Certification. Upon completion of all training and after passing a division-approved examination, the division will certify an applicant as qualified to perform specialized finals inspections, and issue the appropriate documentation. Statutory/Other Authority: ORS 455.720, 455.730 & 455.735 Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735 History: BCD 7-2012, f. 6-27-12, cert. ef. 7-1-12 BCD 2-2012(Temp), f. & cert. ef. 3-1-12 thru 6-30-12
918-098-1591 Specialized Finals Inspector Certification Scope of Authority (1) Specialized finals inspectors may upon receipt of this certification conduct final inspections of one- and two-family dwellings constructed under the Oregon Residential Specialty Code as provided in this rule. (2) A certificate holder may conduct final inspections in residential dwellings and accessory structures of structural components and mechanical, plumbing, and electrical systems where the item inspected was previously inspected and approved, or where a previous inspection and approval is not required, and the item is otherwise ready for a final inspection, except: (a) Electrical systems with a service in excess of 400 amps; (b) Emergency and stand-by power generation equipment; (c) Solar photovoltaic installations; and (d) Swimming pools. (3) Where a component or installation is sufficiently complex, a building official may limit the authority of a Specialized Finals Inspector to less than the scope contained in this rule. Statutory/Other Authority: ORS 455.720, 455.730 & 455.735 Statutes/Other Implemented: ORS 455.720, 455.730 & 455.735 History: BCD 7-2012, f. 6-27-12, cert. ef. 7-1-12
918-098-1900 Corrective Notices — Cite-it Write-it Requirement In addition to any other requirements set forth in statute and rule, all building officials, inspectors and plans examiners certified under Division 098, OAR 918-225-0540, 918-281-0020, 918-695-0400, and ORS 460.055 must include an exact reference to the applicable specialty code section, Oregon administrative rule, or statute, when issuing corrective notices at construction sites or to buildings or related appurtenances during a plan review while administering or enforcing a building inspection program. The building official, inspector, or plans examiner must include a plain statement of facts upon which the citation for correction action is based. Statutory/Other Authority: ORS 455.720 & 455.740 Statutes/Other Implemented: ORS 455.720 & 455.740 History: BCD 6-2016, f. & cert. ef. 4-1-16 BCD 1-2016(Temp), f. & cert. ef. 1-26-16 thru 7-23-16 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
918-100-0000 Applicability of Rules (1) The rules in OAR 918-100-0000 to 918-100-0120 implement the statewide minor installation label, master permit and special alternative inspection programs. (2) Nothing in these rules shall prohibit a person from purchasing a regular permit in order to insure individual inspection of any installation. (3) Tri-County regional minor installation labels issued prior to October 1, 2004 are considered valid until expired and may be used in jurisdictions outside the Tri-County region. (4) The division may adopt policies and procedures to ensure a smooth transition from the Tri-County regional minor label program to the statewide minor label program. Statutory/Other Authority: ORS 447.072, 447.076, 455.144(7), 455.627, 479.540(15) & 479.570(2) Statutes/Other Implemented: ORS 447.072, 447.076, 455.627, 479.540(15) & 479.570(2) History: BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06 BCD 22-2004, f. & cert. ef. 10-1-04 BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02 BCD 27-1994, f. & cert. ef. 11-15-94
918-100-0030 Minor Label Fees Minor labels sold by the division for installations governed by these rules shall be sold in lots of ten at a cost of $125. Statutory/Other Authority: ORS 447.072, 447.076, 447.095, 455.020, 455.144(7), 455.154, 455.155, 455.627, 455.844, 455.846, 460.085(1), 479.540(15), 479.570(2) & 479.840 Statutes/Other Implemented: ORS 447.072, 447.076, 455.154, 455.155, 455.627, 455.844, 455.846, 479.540(15) & 479.570(2) History: BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08 BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06 BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02 BCD 27-1994, f. & cert. ef. 11-15-94