justicedao/ipfs_state_laws huggingface dataset:
918-098-1315 Manufactured Structure Construction Inspector Certification Unless stated otherwise within this rule, this rule is applied retroactively from July 1, 2010. (1) Scope of Activities and Authority. A manufactured structure construction inspector conducts field, dealer lot, consumer assistance, alteration, visual and manufacturing plant inspections, reviews plans, and provides technical services for manufactured dwelling manufacturers, dealers, and owners. (2) Procedure for Qualification. An applicant for this certification must meet the general qualifications in section (3) of this rule, make application, pay the required fees, and pass a division-approved examination. (3) Experience, Education, and Training Requirements. An applicant for certification as a manufactured structure construction inspector must have at least one of the following: (a) 2 years of experience as a supervisor in the building construction industry; (b) 2 years of experience in design work related to building construction; (c) 2 years of experience as a certified building inspector or plans examiner; (d) 2 years of experience as a quality control inspector in a manufactured structures plant; (e) An associate degree or equal from a division-approved education program in a construction-related field; or (f) Any combination of the experience and education listed in subsections (a) through (e) of this section equaling at least two years; or (g) A one year certificate of completion in building inspection technology from a division-approved education program and completion of 800 hours working under the supervision of a person with a minimum of three years experience as a certified manufactured structure construction inspector or a person approved by the board. (4) Inspector Examination. An applicant for certification as a manufactured structure construction inspector must pass a division-approved examination covering: (a) Oregon Manufactured Dwelling Installation Specialty Code; (b) National Electrical Code (NEC) NFPA 70 (2008 Edition); (c) Manufactured Home Construction and Safety Standards Act; (d) Public Law 93-383, Title VI; (e) ORS 446.003 and 446.155 to 446.253; and (f) OAR chapter 918, division 500. (5) A Manufactured Structure Construction Inspector must also possess an Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing inspections. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.250 & 455.720 Statutes/Other Implemented: ORS 446.250 & 455.720 History: 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 918-098-0330 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0330 BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97, Renumbered from 918-099-0145 BCA 25-1990, f. & cert. ef. 10-17-90
918-098-1320 Park and Camp Inspector Certification Scope of Activities and Authority. (1) A park and camp inspector conducts field inspections, reviews plans, and provides other technical services for manufactured dwelling parks, recreational parks, organizational camps, and picnic parks under ORS 446.066 and 446.335. (2) This certification can only be used in a jurisdiction that: (a) Meets all of the requirements of this rule; (b) Complies with ORS 446.430, 455.170, and 455.680 relating to the delegation of full responsibility for permit issuance and inspections; and (c) Issues permits, enforces the current edition of ORS chapter 446, OAR chapter 918, divisions 600 and 650, and all referenced standards contained therein. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.720 Statutes/Other Implemented: ORS 455.720 History: 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 918-098-0340 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0340 BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97, Renumbered from 918-099-0150 BCA 25-1990, f. & cert. ef. 10-17-90
918-098-1325 Requirements for Alteration Inspection and Plan Review of Manufactured Dwellings (1) Scope of Work. Manufactured dwelling alteration inspections and plan reviews include on-site field inspections of alterations including structural, fire and life safety, electrical, plumbing, and mechanical alterations made to manufactured dwellings after the initial sale of the home to the first consumer after all the terms of the sales contract have been met. Most alteration inspections made prior to this time are the responsibility of the division and must be performed by a certified manufactured structure construction inspector. (2) Certifications. Inspectors of manufactured dwelling alterations are required to be certified by ORS 446.250. The division requires that persons performing inspections or plan reviews on manufactured dwelling alterations have: (a) An Oregon Inspector Certification and the appropriate Oregon Code Certification under OAR 918-098-1015 for the Oregon Residential Specialty Code for the specific discipline being used; or (b) An Oregon Inspector Certification and the appropriate ICC Residential Certification as described in OAR 918-098-1010. (3) The requirement in section (2) is not applicable to alteration inspections performed on manufactured homes still under the jurisdiction of the U.S. Department of Housing and Urban Development (HUD). (4) Authority. Inspectors and plans examiners of manufactured dwelling alterations may only inspect or review plans in a jurisdiction that has been delegated the manufactured dwelling alteration program and that: (a) Complies with ORS 446.250 and 446.253(2) relating to the delegation of full responsibility for permit issuance and inspections; (b) Issues permits and enforces the current edition of ORS chapter 446 and OAR chapter 918, division 500; (c) Meets the requirements of OAR 918-500-0055 for delegation; and (d) Enforces the current edition of the Oregon Manufactured Dwelling Installation Specialty Code and all referenced standards contained therein. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.250 & 455.720 Statutes/Other Implemented: ORS 446.250 & 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 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 918-098-0350 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0350 BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97
918-098-1330 Manufactured Structure Accessory Structure or Accessory Building Inspection Unless stated otherwise within this rule, this rule is retroactive to July 1, 2010. (1) Scope of Work. Manufactured structure accessory structure or accessory building inspections and plan reviews include on-site field inspections of installations of manufactured structure accessory structures and accessory buildings (i.e., carports, ramadas, cabanas, garages, storage sheds, awnings, decks, steps, and ramps). (2) Certifications. Inspectors of manufactured structure accessory structures and accessory buildings are required to be certified by ORS 446.250. To satisfy this mandate, the division requires that persons performing inspections or plan reviews on manufactured structure accessory structures or accessory buildings have a valid Oregon Inspector Certification and the appropriate Oregon Code Certification under OAR 918-098-1015 or a valid Oregon Inspector Certification and the appropriate ICC Residential Certification as described in OAR 918-098-1010 for the Oregon Residential Specialty Code for the specific discipline being used. (3) Authority. Inspectors of manufactured structure accessory structures and accessory buildings may only inspect or review plans in a jurisdiction that has been delegated the manufactured dwelling accessory structure and accessory building program and that: (a) Complies with ORS 446.250 and 446.253(2) relating to the delegation of full responsibility for permit issuance and inspections; (b) Complies with the Oregon Manufactured Dwelling Installation Specialty Code and all referenced standards contained therein; (c) Issues permits and enforces the current edition of ORS Chapter 446 and OAR chapter 918, division 500; (d) Meets the requirements of OAR 918-500-0055 for delegation; and (e) Enforces the current edition of the Oregon Manufactured Dwelling Installation Specialty Code and all referenced standards contained therein. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.250 & 455.720 Statutes/Other Implemented: ORS 446.250 & 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 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 918-098-0360 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0360 BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97
918-098-1410 Cross-Training Programs for Residential Certifications (1) A building inspection program that elects to administer, use or participate in a cross-training program for residential inspectors shall follow a division approved standardized cross-training program that can be used in any jurisdiction or submit the following information to the division: (a) The names and copy of the certifications of the cross-training program supervisor and instructors; (b) A description of the purpose and scope of the cross-training program; (c) A description of the various training methods covering the Oregon Residential Specialty Code; and (d) The method of evaluating whether a trainee has satisfactorily completed the cross-training program. (2) The cross-training program supervisor or instructors shall: (a) Possess an A-level or commercial certification and an Oregon Inspector certification in the program area the individual is responsible for supervising; and (b) Shall maintain records of all trainees who participate in the residential plans examiner or inspector cross-training program. (3) The division may monitor or inspect the records of residential cross-training programs on a periodic basis. (4) A municipality may enroll its trainees in a division approved program sponsored by another jurisdiction or provided by a private entity or school. The jurisdiction, private entity, or school shall maintain records of all trainees who participate in the cross-training program. (5) Cross-training programs must follow all applicable code-change cycles and the programs must be amended accordingly. Amendments shall be submitted in writing to the division for approval. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.622 Statutes/Other Implemented: ORS 455.622 History: 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 918-098-0410 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0410 BCD 38-2000, f. 12-29-00, cert. ef. 1-1-01 BCD 15-1997, f. 9-30-97, cert. ef. 10-1-97 BCD 8-1997, f. & cert. ef. 4-1-97
918-098-1420 Education Program Requirements (1) Educational institutes may submit a written application to the division for approval of their education program. (2) Programs shall be resubmitted for review and approval every three years following initial approval. (3) Classroom and laboratory instructors, including virtual instructors, shall possess an appropriate inspector certification for the specialty code area being taught. (4) All classroom and laboratory instruction, including virtual instruction, shall be based on the specialty codes adopted by the division or the corresponding nationally recognized model codes. (5) All classes shall be updated with the most recent adopted code-changes. Program amendments shall be submitted to the division for review and approval. Statutory/Other Authority: ORS 455.720 Statutes/Other Implemented: ORS 455.720 History: BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022 BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0420 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0420 BCD 8-1997, f. & cert. ef. 4-1-97
918-098-1430 Timeline for Education Program Approval (1) To be approved for a school year beginning in September, new education programs shall be submitted to the division by June 1 of the prior year for review. (2) The division shall request any needed additional information by July 1. (3) The education institution shall submit requested information by August 1. (4) The division shall issue program approval or disapproval by October 1 for programs for the following calendar year. (5) Updated programs based on new code adoptions or code-changes shall be submitted to the division for approval within 30 days of the effective date of the code adoption or code-change. (6) Education programs submitted for the three-year review and re-approval shall follow the timeline in this rule. Statutory/Other Authority: ORS 455.720 Statutes/Other Implemented: ORS 455.720 History: BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0425 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0425 BCD 15-1997, f. 9-30-97, cert. ef. 10-1-97
918-098-1440 Approval of Inspector Continuing Education and Educational Programs (1) Applications for approval of continuing education and educational programs must be filed at least 45 days prior to the date of the proposed class or beginning date of training. The 45-day period or any other procedural rule controlling these programs may be waived if the administrator determines there is an emergency. (2) The application must describe the course objectives, qualifications for entry into the course, course content, materials to be used, length of class, field time if applicable, and instructor names and qualifications. (3) Where continuing education credits are sought, the application must show the number of credits sought for the course and provide justification. (4) Instructors approved by the division to teach code-change courses shall be granted the same number of continuing education credit hours as those attending the course. (5) Persons or organizations requesting reimbursement from the division training funds for education programs must have a valid contract with the division or specific written approval from the division at the time of course offering. Statutory/Other Authority: ORS 455.720 Statutes/Other Implemented: ORS 455.725 History: 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 918-098-0430 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0430 BCD 15-1997, f. 9-30-97, cert. ef. 10-1-97 BCD 8-1997, f. & cert. ef. 4-1-97, Renumbered from 918-099-0500 BCA 16-1992, f. & cert. ef. 8-11-92
918-098-1450 Continuing Education Requirements (1) When the division determines that a code change requires training for individuals to maintain their Oregon Inspector Certification or associated Oregon specialty code certification they must complete division-approved continuing education. (2) Required continuing education courses are established by the division on a periodic basis. The division will provide notification of code change classes and other required classes through the division website. Persons certified under ORS Chapter 455 must take all continuing education in a timely manner as outlined above in OAR 918-098-1028 in order to remain certified. (3) Inspectors, including plans examiners, must complete a division-approved code change course related to the scope of work allowed under each certification and all other high priority training determined necessary by the division. (4) Persons charged by a municipality with the responsibility for administration and enforcement of the state building code as the building official must complete a division-approved course covering administration and enforcement of a building inspection program and new legislation when required. Any person in an “acting” capacity to cover building official duties must also complete this course. (5) The division may periodically verify that a person is maintaining and recording their continuing education. (6) All required continuing education courses must be completed prior to June 1 of the renewal year in accordance with the renewal process for the Oregon Inspector Certification and Oregon specialty code certifications in OAR 918-098-1028. Statutory/Other Authority: ORS 455.715, 455.720, 455.723 & 455.732 Statutes/Other Implemented: ORS 455.715, 455.720, 455.723 & 455.732 History: BCD 10-2022, amend filed 09/29/2022, effective 10/01/2022 BCD 5-2014, f. & cert. ef. 4-1-14 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 19-2006, 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
918-098-1455 High Priority Training In addition to the continuing education requirements in 918-098-1450, the division may require building officials, inspectors, and plans examiners to take high priority training when the division identifies new technologies or specific problem areas. Statutory/Other Authority: ORS 455.720 Statutes/Other Implemented: ORS 455.720 History: BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
918-098-1460 Waiver of Continuing Education Requirements Due to Hardship or Illness The administrator may extend the period to comply with code-change continuing education requirements in case of hardship or illness. Requests for extension shall: (1) Be in writing; (2) Describe the nature of the hardship or illness and the reason why the applicant is unable to comply with the continuing education requirements; and (3) State when the person will be able to complete the continuing education requirements. Statutory/Other Authority: ORS 455.720 Statutes/Other Implemented: ORS 455.720 History: BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0470 BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0470 BCD 8-1997, f. & cert. ef. 4-1-97, Renumbered from 918-099-0630 BCA 33-1993, f. & cert. ef. 12-14-93 BCA 16-1992, f. & cert. ef. 8-11-92
918-098-1475 Conflicts of Interest (1) A building official, a contract building official, an inspector, a plan reviewer or another person that provides building inspection services under contract with a municipality is a public official for the purposes of ORS chapter 244. (2) The director may suspend, revoke, deny, condition or refuse to renew a license, certification or registration of a building official, inspector, plan reviewer or other person that provides building inspection services under contract with a municipality if the director determines that the building official, inspector, plan reviewer or other person or an owner, director, officer, manager, member or majority shareholder of the building official, inspector, plan reviewer or other person has violated ORS 244.025, 244.040, 244.047, 244.175, 244.177 and 244.179 or has engaged in an actual conflict of interest as defined in ORS 244.020. Statutory/Other Authority: ORS 455.720 & 2021 Oregon Laws Ch. 599, Sec. 4 (Enrolled SB 866) Statutes/Other Implemented: ORS 455.720 & 2021 Oregon Laws Ch. 599, Sec. 4 (Enrolled SB 866) History: BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022 BCD 8-2016, f. 6-30-16, cert. ef. 7-1-16
918-098-1480 Additional Responsibilities for Building Officials In addition to the responsibilities outlined in these rules, all certified individuals who are performing the duties of the building official must also: (1 ) Ensure a person is properly certified under these rules or licensed under ORS 455.455 and 455.457 and meets the minimum experience requirements and possess appropriate knowledge prior to allowing the individual to perform plan reviews and inspections; ( 2 ) Ensure all inspectors and plans examiners in the municipality take all required continuing education and track the continuing education in a manner that may be presented to the division upon request; ( 3 ) Ensure that employees under the direction of the building official administering and enforcing elements of a building inspection program follow all applicable building code statutes and rules, including statewide code interpretations, directives and other building program requirements and allowing the use of statewide alternate method rulings and ensuring they are enforced and carried out through their certified individuals in their municipality, including items specified in OAR 918-098-1470; ( 4 ) Enforce applicable construction trade licensing requirements issued under ORS Chapters 447, 479, 693, and 701; and ( 5 )( a ) Ensure all building inspection program fees adopted by the municipality under ORS 455.210 and 479.855 are utilized for the administration and enforcement of the building inspection program established under ORS 455.148 or 455.150; and ( b ) Ensure all surcharges are properly collected and submitted to the division as required by ORS 455.210 and 455.220. Statutory/Other Authority: ORS 455.720 Statutes/Other Implemented: ORS 455.720 History: BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022 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