justicedao/ipfs_state_laws huggingface dataset:
918-674-0150 Components (1) Components Application. An application for approval of components shall include all design and engineering information necessary to verify the system’s performance and capabilities for its intended use. Each manufacturer of component products shall submit two copies of their compliance control manual to the Division. (2) Components Approval. Division approval of components shall be by letter of authorization with accompanying technical report. Each component built structure shall be identified with an insignia of compliance indicating the Division’s approval. Statutory/Other Authority: ORS 455.030, 455.100 & 455.110 Statutes/Other Implemented: ORS 455.110 History: BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96 BCA 25-1992, f. 12-28-92, cert. ef. 1-1-93 DC 9-1982, f. & cert. ef. 3-1-82, Renumbered from 814-050-0150
918-674-0200 Third-Party Inspection and Plan Review (1) A supplier or manufacturer of prefabricated structures may contract with a certified third-party agency for plan review and inspection services under the provisions of ORS Chapter 455 and these rules. (2) Nothing in these rules shall prohibit a local authority having jurisdiction from applying for certification as a third-party inspection agency for a prefabricated structure supplier or manufacturer. (3) A prefabricated structure supplier or manufacturer shall not contract with more than one third-party agency for any one plant to provide plan review services or similar inspection services during the same time period. EXCEPTION: A prefabricated structure supplier or manufacturer may employ several third-party agencies to perform inspections if each third-party is inspecting a different discipline, such as electrical, plumbing, structural or mechanical. Statutory/Other Authority: ORS 455.705 Statutes/Other Implemented: ORS 455.705 History: BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
918-674-0210 Third-Party Certification Application (1) Applicants for third-party certification shall submit an application on Division-supplied forms. (2) The application for third-party agency certification shall contain at least the following: (a) Type of approval being requested (original approval, renewal or supplement); (b) Applicant’s name, address and telephone number; (c) Type of business (individual, partnership, corporation or municipality); (d) Names and titles of principals, officers, directors and major stockholders in third-party agency; (e) Names and titles of all managers and supervisors employed by the third-party agency; (f) Names and registration numbers of any Oregon registered architects and engineers employed by the third-party agency; (g) Name of person(s) authorized to request and assign Oregon insignias of compliance; (h) Names and certification numbers of all plans examiners and inspectors used by the third-party agency; NOTE: The information required in subsections (d) through (h) of this section may be submitted on an organizational chart. (i) Names of prefabricated structure manufacturers with whom the third-party agency intends to contract, and if this information is not available, the geographical areas in which the third-party agency intends to work; and (j) Name and policy number of the general liability insurance carrier as required by OAR 918-674-0230. (3) The applicant for third-party agency certification shall submit resumes containing qualifications of all persons involved in the management of the agency except for persons certified as a plans examiner, inspector or building official or registered as an engineer or architect. (4) Each application for certification shall contain a signed statement by the owner(s) or senior officers of the third-party agency declaring the third-party agency and its employees are free of any conflict of interest or collusion including, but not limited to, those activities listed in OAR 918-674-0240 and 918-674-0250. In the case of a municipal third-party agency, the statement shall be signed by the person so authorized by the local authority having jurisdiction governing body. (5) Each application for certification shall contain the signature and typed or printed name(s) of the owner(s) or senior officers of the third-party agency and the date of application submission. In the case of a municipal third-party agency, the application shall be signed by the person so authorized by the local authority having jurisdiction governing body. (6) Each application for certification shall be accompanied by a fee as required in OAR 918-674-0155. (7) The Division shall approve or deny any completed application for third-party agency certification within 60 days of receipt. (8) Persons denied certification as a third-party agency from the Division may appeal this decision to the Administrator according to OAR 918-674-0270(4). Statutory/Other Authority: ORS 455.705 Statutes/Other Implemented: ORS 455.705 History: BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
918-674-0220 Inspector Certification Requirements (1) An Oregon certified third-party agency shall employ inspectors and plans examiners who are certified by the Division in accordance with OAR 918, division 098, 918-281-0030, 918-695-0400 and the following: (a) Each inspector or plans examiner working for or as a third-party agency shall be certified for the specific type of inspections or plan reviews that person will be performing; (b) Third-party agencies employing Limited One and Two Family Dwelling Electrical Inspectors shall comply with OAR 918-281-0030; and (c) Third-party agencies employing Limited One and Two Family Dwelling Plumbing Inspectors shall comply with OAR 918-695-0400. (2) A third-party agency shall assure that all certified inspectors and plans examiners maintain their minimum continuing education credits required by OAR 918, division 098, 918-281-0030 and 918-695-0400. (3) A third-party agency shall submit to the Division an amended application within ten days of the day any certified inspection or plans examiner staff is hired or discharged from the employment of that agency. Statutory/Other Authority: ORS 455.705 Statutes/Other Implemented: ORS 455.705 History: BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
918-674-0230 Insurance Requirements (1) Oregon certified third-party agencies shall be protected with a minimum one million dollar general liability insurance policy. (2) All applicants for certification as a third-party agency shall provide proof of insurance, including but not limited to the name of the insurance company, the amount for which insured and the policy number. (3) Third-party agencies shall authorize their insurance carrier to notify the Division upon any change to or cancellation of the insurance required by section (1) of this rule. (4) Third-party agencies who cancel or lose the minimum required insurance shall have their certification revoked. Statutory/Other Authority: ORS 455.705 Statutes/Other Implemented: ORS 455.705 History: BCD 4-1997, f. 3-18-97, cert. ef. 4-1-97 BCD 29-1996(Temp), f. 12-31-96, cert. ef. 1-1-97 BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
918-674-0240 Conflict of Interest and Collusion (1) A third-party agency and its agents shall be free of any conflicts of interest, affiliation, influence, collusion, control or fraud involving any supplier or manufacturer of prefabricated structures with whom it has contracted to perform plan review or inspection services. This prohibition shall include, but not be limited to, the following: (a) A third-party agency and its owners, directors, management personnel, architects, engineers, plans examiners or inspectors shall not hold stock or have any ownership or managerial affiliation with any supplier, dealer, distributor or manufacturer of prefabricated structures; (b) A third-party agency shall not promote any prefabricated structure, manufacturer or product; (c) The employment status of any third-party agency personnel shall be free of influence or control by any dealer, distributor, supplier or manufacturer of prefabricated structures; (d) A third-party agency shall not review or approve plans or inspect any work which was produced or participated in whole or in part by a member of the third-party agency’s staff or by a member of the staff of any affiliated organization; (e) When a third-party agency contracts with a supplier or manufacturer of prefabricated structures to perform plan review or inspection services, it shall, within ten days of signing, provide a statement to the Division that it is free of any conflicts of interest, affiliation, influence, collusion, control or fraud in connection with the supplier 4or manufacturer; and (f) A third-party agency shall not perform or participate in design or engineering services for the same prefabricated structure manufacturer(s) with which it has contracted to perform plan review or inspection services. (2) Suppliers or manufacturers of prefabricated structures shall be free of any conflicts of interest, affiliation, influence, collusion, control or fraud involving any certified third-party agency with whom it has contracted to perform plan review or inspection services. This prohibition shall include, but not be limited to: (a) A supplier or manufacturer and its owners, directors, management personnel, architects or engineers shall not hold stock or have any ownership or managerial affiliation with any certified third-party agency; (b) The employment status of any supplier or manufacturing personnel shall be free of influence or control by any certified third-party agency; (c) No employee or officer of a supplier or manufacturer shall perform consulting or engineering services for the same third-party agency with whom it has contracted to perform plan review or inspection services. Statutory/Other Authority: ORS 455.705 Statutes/Other Implemented: ORS 455.705 History: BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
918-674-0250 Contractual Agreements (1) Oregon certified third-party agencies shall execute a written contract with any supplier or manufacturer of prefabricated structures for the performance of plan review or inspection services. (2) Contracts shall describe all services to be rendered by the third-party agency to the supplier or manufacturer of prefabricated structures and the method of computing payment for the services. (3) Contracts between third-party agencies and suppliers or manufacturers of prefabricated structures shall not contain any language or intent which is in violation of Oregon law, the Oregon Specialty Codes or these rules. (4) A copy of each contract shall be submitted to the Division for approval within ten days of signing and not less than 30 days prior to the third-party agency commencing work under the contract. (5) The Division shall disapprove any contract found in violation of ORS Chapter 455 or these rules. (6) A third-party agency shall, within ten days of cancellation of a contract, notify the Division in writing of the circumstances which led to the contract cancellation. (7) A third-party agency shall submit to the Division a copy of the renewed contract within ten days of renewal and not less than 30 days prior to the effective date of the renewed contract. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.705 Statutes/Other Implemented: ORS 455.705 History: BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
918-674-0260 Third-Party Certification Renewal (1) Oregon certified third-party agencies shall submit a request for certification renewal by April 1, 2000, and every three years thereafter. (2) The renewal request shall be submitted on forms supplied by the Division along with the appropriate fees. Statutory/Other Authority: ORS 455.705 Statutes/Other Implemented: ORS 455.705 History: BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
918-674-0270 Revocation of Third-Party Certification and Appeal Process (1) The Division may deny, suspend, revoke or cancel a third-party agency’s certification if the Division finds the third-party agency has violated Oregon law, the Oregon Specialty Codes, these rules or has: (a) Employed or contracted with uncertified inspectors and plans examiners; (b) Failed to control and provide for the security of insignias of compliance; (c) Failed to perform plan reviews or inspections to the Oregon Specialty Codes; (d) Failed to maintain plan review or inspection report records; (e) Failed to perform plan reviews or inspections in a timely manner at the frequency required; (f) Failed to meet the Division’s reporting requirements; or (g) Failed to pay the appropriate fees to the Division. (2) The division shall deny, suspend, revoke or cancel a third-party agency certification if the Division finds the third-party has: (a) Entered into a conflict of interest as described in these rules; (b) Provided or participated in design or engineering work of or for a client; (c) Submitted false information in its application for certification; (d) Altered or falsified plan review or inspection reports or records; or (e) Failed to obtain or maintain general liability insurance. (3) When a third-party agency certification has been revoked by the Division, the third-party agency shall immediately return all unused insignias of compliance to the Division. (4) A third-party agency whose certification has been denied, suspended, revoked or canceled may submit a formal appeal to the Administrator and request contested case procedures under the Administrative Procedures Act, ORS Chapter 183. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.705 Statutes/Other Implemented: ORS 455.705 History: BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 4-1997, f. 3-18-97, cert. ef. 4-1-97 BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
918-674-0280 Record Keeping Requirements Third-party agencies shall maintain records and copies of plan review reports, inspection reports, test reports, insignia reports, inspector certifications, inspector continuing education and proof of insurance for a minimum of four years following expiration or use. Statutory/Other Authority: ORS 455.705 Statutes/Other Implemented: ORS 455.705 History: BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
918-674-0290 Reporting Requirements (1) Each Oregon certified third-party agency shall submit a monthly activity report to the Division by the tenth day of each month for the preceding month. (a) The monthly activity report shall be on Division-supplied forms or submitted by electronic mail, if available. (b) Monthly activity reports shall be completed for each manufacturer with which the third-party agency contracts and shall contain: (A) The third-party agency’s name, address, telephone number and certification number; (B) The date of the report and the reporting period; (C) The name and identification number of the manufacturer; (D) The total number of prefabricated structure inspections or plan reviews, the total number of prefabricated structures reinspected and the total number of prefabricated structures produced for siting in Oregon; (E) The total number of insignias of compliance issued by the third-party agency; (F) Signed copies of all insignia of compliance applications; (G) The number, type and date of all tests observed by the third-party agency; (H) The serial number, plan approval number, occupancy, insignia of compliance number of each prefabricated structure inspected; (I) The destination of each prefabricated structure inspected including street address and city; and (J) The signature, printed name and title of the authorized person submitting the activity report. (2) Any amendments to the third-party agency’s certification approval not already reported shall be attached to the monthly activity report. (3) The third-party agency shall, upon discovery, immediately submit any corrections to the monthly activity report to the Division. (4) Third-party agencies shall recommend to the Division the cancellation of the Division’s registration of a prefabricated structure supplier or manufacturer when: (a) Inspections reveal the manufacturer consistently fails to comply with approved plans or the Oregon Specialty Codes; (b) A manufacturer relocates or makes changes to the quality assurance program without giving prior notice to the third-party and the Division; or (c) A manufacturer builds prefabricated structures without first obtaining approved plans. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.705 Statutes/Other Implemented: ORS 455.705 History: BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
918-674-0300 Monitoring of Third Parties (1) The Division shall conduct monitoring of certified third-party agencies with or without prior notice during any reasonable time. (2) The Division shall monitor the work performed by a third-party agency and may make additional observations that are not part of the monitoring effort and will not reflect on the third-party agency’s performance unless they are missed in a subsequent inspection. (3) Division monitoring may take place at the third-party agency office, at the manufacturing facility, at dealer or distributor lots or at the installation site. Upon conclusion of the monitoring, monitoring reports shall be forwarded to the third-party agency as quickly as possible, preferably by electronic mail or fax. (4) The Division shall review and monitor the records and performance of each third-party agency to assure conformance with ORS Chapter 455, the Oregon Specialty Codes and these rules. The Division shall review and monitor each third-party agency at least once every three months or see at least ten percent of a third-party agency’s work. (5) The third-party agency or the manufacturer shall make available to the Division all requested documents including but not limited to: (a) Inspection reports; (b) Reviewed and approved plans; (c) Insignia of compliance records; (d) Notices to local enforcement agencies; (e) Test records and reports; (f) Copies of Division approved alternate methods and materials; (g) Contracts; and (h) Continuing education records. (6) Third-party agencies shall pay all monitoring fees according to OAR 918-674-0155. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.705 Statutes/Other Implemented: ORS 455.705 History: BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96
918-690-0320 Purpose The purpose of these regulations is to provide minimum standards to safeguard life or limb, property, and public welfare, by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance, of all plumbing systems and plumbing fixtures in all buildings or structures within this state, medical gas and medical vacuum systems, solar heating and cooling systems and certain other plumbing systems and plumbing fixtures specifically regulated herein. Statutory/Other Authority: ORS 447.010 & 447.020 Statutes/Other Implemented: ORS 447.010 & 447.020 History: BCD 13-2002, f. 6-28-02, cert. ef. 7-1-02 BCD 27-2000, f. 10-13-00 cert. ef. 10-01-01 BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-750-0015 DC 39-1975, f. 1-6-75, cert. ef. 2-1-75, Renumbered from 814-021-0102
918-690-0350 Plumbing Specialty Code Appeals, ORS 455.690 All code-related appeals from a municipal appeals board or from a subordinate officer of the division are under ORS 455.690. (1) The person appealing shall prepare a statement showing: (a) Parties involved, addresses, telephone and FAX numbers, if available; (b) Code section involved; (c) An explanation of why the ruling should be reversed; and (d) Whether the inspecting jurisdiction issued a “stop work” order. (2) The person being appealed shall file a copy of the written interpretation or decision, advise if a stop work order was issued and detail the immediate hazards involved. Statutory/Other Authority: ORS 447.020 Statutes/Other Implemented: ORS 455.690 History: Reverted to BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98 Suspended by BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05 BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98
918-690-0410 Cross Reference to Statutes Statutory plumbing definitions are generally in ORS 447.010 and 693.010. The following are among words defined by statute: (1) “Board” is defined in ORS 447.010; (2) “Building sewer” is defined in ORS 701.348; (3) “Journeyman Plumber” is defined in ORS 693.010; (4) “Limited Specialty Plumber” is defined by ORS 693.103; (5) “Plumbing” is defined in ORS 447.010. Statutory/Other Authority: ORS 447.020 Statutes/Other Implemented: ORS 447.020 History: BCD 2-2011, f. & cert. ef. 2-15-11 BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98
918-690-0420 Definitions Scope of definitions: (1) “Administrator” means the Administrator of the Building Codes Division. (2) “Alterations” means to change, to take away, or to add to. (3) “Apprenticeship Plumbing Experience” means experience equivalent to the training standards of the Oregon State Apprenticeship Program for the specific category of plumber. (4) “Commercial or Industrial Installation” means an installation of plumbing fixtures in a commercial or public building and in areas of an apartment building, hotel, motel, or similar residential structure, open and available for use by the public at large, or by employees. (5) “Division” means the Building Codes Division. (6) “Equivalent Experience” means legal work experience gained outside the State of Oregon equal to general journeyman plumbing experience or apprenticeship plumbing experience. (7) “Existing Work” is defined in the Oregon Plumbing Specialty Code. (8) “General Journeyman Plumbing Experience” means experience equivalent to the standards required for completion of the Oregon State Apprenticeship Program. (9) “Inspection” means careful investigation, critical examination, or official examination and review of the plumbing installation at the site of the installation. (10) “Limited Specialty Plumber” means any person holding a valid limited specialty plumber’s certificate of competency issued under ORS 693.103 and these rules. (11) “Medical Gas” means any gas and vacuum system or equipment intended for medical and dental procedures in health care and non-health care facilities within the scope of the Oregon Plumbing Specialty Code as defined in OAR 918-750-0110. (12) “Oregon Plumbing Specialty Code” means the combined codes and standards adopted in OAR 918-750-0110. (13) “Solar Heating and Cooling System” means any configuration of plumbing equipment and components to collect, convey, store and convert the sun’s energy for the purpose of heating or cooling potable water. (14) “Water Supply System” is defined in the Oregon Plumbing Specialty Code. [Publications: Publications referenced are available for review at the agency.] Statutory/Other Authority: ORS 447.010, 447.020, 455.110 & 693.103 Statutes/Other Implemented: ORS 447.010, 447.020, 455.110 & 693.103 History: BCD 2-2011, f. & cert. ef. 2-15-11 BCD 24-2004, f. 12-15-04, cert. ef. 4-1-05 BCD 13-2002, f. 6-28-02, cert. ef. 7-1-02 BC-22-2000, f. 9-19-00, cert. ef. 10-1-00 BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-690-0005 BCA 26-1993, f. 10-22-93, cert. ef. 11-1-93 BCA 19-1993(Temp), 8-26-93, cert. ef. 9-1-93 BCA 18-1991, f. & cert. ef. 6-12-91 DC 2-1983, f. & ef. 1-3-83, Renumbered from 814-020-0006 DC 25-1978, f. 9-5-78, cert. ef. 9-20-78, Renumbered from 814-021-0500 DC 4-1971, f. 8-13-71, cert. ef. 9-11-71