justicedao/ipfs_state_laws huggingface dataset:
918-308-0310 Notice of Review (1) The division shall notify a municipality 60 days in advance of a comprehensive review. (2) The division shall notify a municipality at least 48 hours in advance of a single purpose review. Statutory/Other Authority: ORS 479.855 Statutes/Other Implemented: ORS 479.855 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0020 BCA 21-1993, f. 10-5-93, cert. ef 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-308-0320 Initial Interview (1) The division shall conduct an initial interview with the building official or designated representative as the first step in the comprehensive review process. (2) The initial interview shall give the building official or representative an understanding of the manner in which the review will be performed. Statutory/Other Authority: ORS 479.855 Statutes/Other Implemented: ORS 479.855 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0030 BCA 21-1993, f. 10-5-93, cert. ef 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-308-0330 Review of Records (1) The municipality shall maintain and make records available for division review. For the purpose of this rule except where the context requires otherwise, a "previous year" is the last full fiscal year for the municipality. The required records are: (a) Electrical permits issued during the previous two years; (b) Minor installation labels issued during the previous year; (c) Inspections performed by electrical inspectors during the previous fiscal year; (d) Written code interpretations made during the previous two years; (e) Written or recorded complaints about the program lodged with the municipality and disposition of the matters for the previous fiscal year; and (f) Records of revenues from electrical permits, inspections, and penalties, and expenses incurred in the administration and enforcement of the electrical program for the previous fiscal year. (2) The municipality shall report the number of electrical, structural, mechanical, plumbing, and manufactured structures set-up permits issued, the number of minor labels issued, and the number of electrical inspections performed by the municipality during the previous fiscal year. (3) The program review team: (a) Will review the operating plan for program delegation submitted to the division under these rules to determine if the municipality is following the plan; (b) May require additional financial information if municipal records do not satisfactorily show application of permit and inspection funds, including interest, to the electrical program or shows charges not related to the electrical program. Statutory/Other Authority: ORS 479.730 Statutes/Other Implemented: ORS 479.855, 455.148 & 455.150 History: BCD 23-2008, f. 9-30-08, cert. ef. 10-1-08 BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0040 BCA 21-1993, f. 10-5-93, cert. ef 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-308-0340 Inspection Review The division shall reinspect jobs previously inspected by municipality inspectors and accompany municipality inspectors on inspections. Statutory/Other Authority: ORS 479.855 Statutes/Other Implemented: ORS 479.855 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0050 BCA 21-1993, f. 10-5-93, cert. ef 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-308-0350 Inspector Performance Ratings (1) During a comprehensive review, the division shall review selected electrical inspections. (2) The reviewer shall assess points for any electrical violation not noted by the inspector on the following basis: (a) Ten points for each mandatory item in OAR 918, division 271; (b) One-tenth point for each secondary item in OAR 918, division 271. (3) An individual performance rating for selected municipality inspectors shall be determined by dividing the total points assessed for all inspection items missed by the number of inspections reviewed. Statutory/Other Authority: ORS 479.855 Statutes/Other Implemented: ORS 479.855 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0060 BCA 21-1993, f. 10-5-93, cert. ef 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-308-0360 Program Inspection Rating An inspection rating for the municipality program shall be determined by dividing the combined points assigned for all inspections reviewed pursuant to these rules by the total number of inspections reviewed. Statutory/Other Authority: ORS 479.855 Statutes/Other Implemented: ORS 479.855 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0070 BCA 21-1993, f. 10-5-93, cert. ef 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-308-0370 Exit Interview (1) Immediately following completion of a comprehensive review, the division shall conduct an exit interview with the building official or designated representative. (2) The exit interviewer shall provide: (a) The general result of the review; (b) Formal notification of any items requiring immediate attention; and (c) Specific information to the extent such is available. Statutory/Other Authority: ORS 479.855 Statutes/Other Implemented: ORS 479.855 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0080 BCA 21-1993, f. 10-5-93, cert. ef 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-308-0380 Program Report The division shall provide the municipality a written report of its findings within 60 days of completion of a comprehensive review or within 15 days of completion of a single-purpose review. Statutory/Other Authority: ORS 479.855 Statutes/Other Implemented: ORS 479.855 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-303-0090 BCA 21-1993, f. 10-5-93, cert. ef 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-308-0400 Deficiency Citation (1) Notice of deficiencies shall only be issued following a comprehensive or single-purpose review of the municipal electrical program. (2) A notice of deficiency shall be served on the building official by certified mail when: (a) The municipality has an inspection rating of over 6.0; (b) Any inspector has an inspection rating over 8.0; (c) The municipality fails to provide minimum services as outlined in its plan; or (d) The municipality fails to comply with the the Electrical Delegation Rules. (3) Within 30 days from the date of receipt of the deficiency notice, the municipality shall file with the division a written proposal for correcting the deficiencies noted in the audit report. The proposal shall include: (a) Specific methods by which the municipality intends to correct the deficiencies; and (b) A proposed timeline for completing the corrections. (4) The division shall review the proposed correction plan and notify the municipality in writing of any items in the plan found to be unsatisfactory. The division shall set a date for submission of the final correction plan. (5) Subject to OAR 918-308-0410 providing for a contested case hearing, if no objection is made, it will be presumed that the municipality agrees to the terms of the deficiency notice or correction requirements. Statutory/Other Authority: ORS 479.855 Statutes/Other Implemented: ORS 479.855 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-304-0010 BCA 21-1993, f. 10-5-93, cert. ef 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-308-0410 Appeal of Deficiency Citations A municipality aggrieved by a notice of deficiency or the denial of proposed correction procedures may ask for a contested case hearing under ORS Chapter 183 and the Attorney General’s Model Rules of Procedure. Statutory/Other Authority: ORS 479.855 Statutes/Other Implemented: ORS 479.855 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-304-0020 BCA 21-1993, f. 10-5-93, cert. ef. 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-308-0420 Notice of Program Revocation (1) A municipality shall be considered to be failing to comply with standards adopted by the board or as not effectively carrying out duties assumed by the municipality under ORS 479.855 if it: (a) Receives an inspection rating that exceeds 6.0 and fails to submit an acceptable correction plan; or (b) Fails to submit a corrective plan after receiving a notice of deficiency. (2) The provisions of section (1) of this rule are not intended to limit the conditions when the division can seek revocation under ORS 479.855. Statutory/Other Authority: ORS 479.855 Statutes/Other Implemented: ORS 479.855 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-304-0030 BCA 21-1993, f. 10-5-93, cert. ef 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-308-0430 Appeal of Program Revocation A municipality served with a notice of proposed program revocation under ORS 479.855 may ask for a contested case hearing under ORS Chapter 183 and the Attorney General’s Model Rules of Procedure. Statutory/Other Authority: ORS 479.855 Statutes/Other Implemented: ORS 479.855 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-304-0040 BCA 21-1993, f. 10-5-93, cert. ef 12-1-93 BCA 11-1988, f. & cert. ef. 7-20-88
918-309-0010 Electrical Permit Form and Format The division has adopted a: (1) Standardized statewide electrical permit application format; and (2) Uniform statewide method for calculating permit fees: (a) Fees can only be charged for the categories and under the procedures and requirements established in OAR 918, division 309. (b) The fees set out in OAR 918-309-0070 are for state permits. Local jurisdictions may set different fees as authorized by ORS 479.845. (c) The fees established for the various categories adopted in this rule shall be inserted in the permit application form for local jurisdictions. (d) The surcharge required by ORS 455.210 and 455.220 shall be added to the fees established. Statutory/Other Authority: ORS 479.560 Statutes/Other Implemented: ORS 479.870 History: BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00 BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0200 BCA 10-1991, f. 4-26-91, cert. ef. 7-1-91 BCA 6-1991(Temp), f. 3-21-91, cert. ef. 7-1-91 BCA 16-1990, f. 6-27-90, cert. ef. 7-1-90 BCA 11-1990(Temp), f. & cert. ef. 5-11-90 BCA 8-1987, f. & cert. ef. 9-18-87, Renumbered from 814-022-0126 DC 8-1986, f. & cert. ef. 5-5-86 DC 5-1984, f. & cert. ef. 2-24-84
918-309-0020 State Electrical Permit Fees The Building Codes Division electrical fees and method of computation of electrical permit fees are established in OAR 918-309-0030 to 918-309-0070. Statutory/Other Authority: ORS 455.020 & 479.870 Statutes/Other Implemented: ORS 455.020 & 479.870 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0210 BCA 10-1991, f. 4-26-91, cert. ef. 7-1-91 BCA 6-1991(Temp), f. 3-21-91, cert. ef. 7-1-91 BCA 16-1990, f. & cert. ef. 6-27-90 DC 7-1983, f. & ef. 3-11-83, Renumbered from 814-022-0108 DC 10-1982, f. & ef. 3-1-82 DC 12-1981, f. 9-29-81, ef. 10-1-81 DC 10-1979, f. & ef. 6-8-79 DC 5-1979(Temp), f. & cert. ef. 3-5-79 DC 1-1979, f. & cert. ef. 1-5-79 DC 102-1977, f. & cert. ef. 11-1-77 DC 74-1976, f. 5-21-76, cert. ef. 8-1-76
918-309-0025 Phased Permitting (1) During the plan review process, an electrical contractor may request a complete or partial permit before the entire plans and specifications are submitted or approved, if adequate information is provided showing compliance with pertinent portions of the code. The permittee proceeds at his or her own risk, without assurance that the permit for the entire installation will be granted, or that corrections will not be required, including those portions permitted. The partial permit shall allow the electrical contractor to proceed with work pertaining to the electrical system of the structure. (2) Any inspections performed by the local jurisdiction on the site or of the ground work shall be counted toward the number of electrical inspections allowed by the full permit once plan review is complete and the permit is issued. Statutory/Other Authority: ORS 479.730 Statutes/Other Implemented: ORS 479.730 History: BCD 9-2003, f. 6-13-03, cert. ef. 7-1-03
918-309-0050 Permits for the Temporary Service or Temporary Feeder (1) Permit for each temporary construction service or temporary feeder for light and power: (a) 200 amps or less, $63; (b) 201 amps to 400 amps, $86; (c) 401 to 600 amps, $125; (d) Temporary service or temporary feeder of over 600 volts or amps use fee schedule in OAR 918-309-0040(4), (5) and (6). (2) OAR 918-309-0040(7) to (12) are applicable. (3) The fee used in this section includes the branch circuits. Statutory/Other Authority: ORS 455.020 & 479.870 Statutes/Other Implemented: ORS 455.020 & 479.870 History: BCD 10-2001, f. 9-28-01, cert. ef. 10-1-01 BCD 9-2001(Temp), f. 8-15-01, cert. ef. 9-4-01 thru 3-3-02 BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00 BCD 18-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1998(Temp), f. 6-2-98, cert. ef. 7-1-98 thru 12-27-98 BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0240 BCA 10-1991, f. 4-26-91, cert. ef. 7-1-91, Renumbered from 814-022-0108 DC 7-1983, f. & cert. ef. 3-11-83 DC 10-1982, f. & cert. ef. 3-1-82 DC 12-1981, f. 9-29-81, cert. ef. 10-1-81 DC 10-1979, f. & cert. ef. 6-8-79 DC 5-1979(Temp), f. & cert. ef. 3-5-79 DC 1-1979, f. & cert. ef. 1-5-79 DC 102-1977, f. & cert. ef. 11-1-77 DC 74-1976, f. 5-21-76, cert. ef. 8-1-76
918-309-0060 Branch Circuits Branch circuits, alterations or extensions. (1) The fee for branch circuits with purchase of service or feeder fee for each branch circuit, $4. (2) The fee for branch circuits without purchase of service or feeder fee: (a) The first branch circuit, $54; (b) Each additional branch circuit, $4. (3) For signs and outline lighting refer to OAR 918-309-0070(2). (4) The permittee is entitled to two inspections for every 20 branch circuits or portion thereof. Statutory/Other Authority: ORS 455.020 & 479.870 Statutes/Other Implemented: ORS 455.020 & 479.870 History: BCD 4-2016, f. & cert. ef. 4-1-16 BCD 10-2001, f. 9-28-01, cert. ef. 10-1-01 BCD 9-2001(Temp), f. 8-15-01, cert. ef. 9-4-01 thru 3-3-02 BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00 BCD 18-1998, f. 9-30-98, cert. ef. 10-1-98 BCD 9-1998(Temp), f. 6-2-98, cert. ef. 7-1-98 thru 12-27-98 BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0250 BCA 10-1991, f. 4-26-91, cert. ef. 7-1-91 DC 7-1983, f. & cert. ef. 3-11-83, Renumbered from 814-022-0108 DC 10-1982, f. & cert. ef. 3-1-82 DC 74, f. 5-21-76, ef. 8-1-76; DC 102, f. & ef. 11-1-77; DC 1-1979, f. & ef. 1-5-79; DC 5-1979(Temp), f. & ef. 3-5-79; DC 10-1979, f. & ef. 6-8-79; DC 12-1981, f. 9-29-81, ef. 10-1-81
918-309-0075 Provision of Services (1) For any project requiring plan review, once the initial permit and plan review fees have been paid, a building official, inspector, or plans examiner may not stop work on-site or otherwise delay or refuse to provide inspection services in order to compel payment of outstanding fees. (2) Stop-work orders may only be issued for permitted projects for violations of the minimum safety standards. (3) Any violation of these rules is a failure to administer a building inspection program for the purposes of ORS Chapters 455 and 479, and may result in sanctions including but not limited to civil penalties and actions on certifications and other division approvals. Statutory/Other Authority: ORS 455.055 Statutes/Other Implemented: ORS 455.055 History: BCD 4-2016, f. & cert. ef. 4-1-16
918-309-0090 Rules for Electrical Contractors Desiring to Make Electrical Installations Under Working Permits Any electrical contractor who elects to use a working permit authorized by ORS 479.840 shall: (1) Submit to the division a $2,000 corporate surety bond or a cash bond on a division-approved form guaranteeing the payment of all fees provided for under ORS 479.510 to 479.850. (2) Apply to the division for the working permit and affix at the job site before any electrical installation is commenced. (3) Submit the supplementary permit application and the total permit fee as soon as the fees for that job can be determined and in no case, more than three months from the date work commenced on the job. Provided, that in special long term construction projects such as high rise buildings and large industrial buildings, where the electrical contractor has procured the prior approval of the division, a new working permit may be issued for three months for the same building if all fees for the electrical installations under the working permit issued for the preceding three-month period have been paid in full. (4) Agree that the aggregate amount of unpaid fees outstanding at any time shall not exceed the amount of the bond. No working permit shall be issued and any existing working permit shall become null and void when fees totaling over $2,000 are owed. (5) Agree that if any unresolved dispute arises as to the amount of fees due on a particular installation, job, or in the aggregate shall be decided by the division after a hearing before the board. Statutory/Other Authority: ORS 479.560 & 479.730 Statutes/Other Implemented: ORS 479.560 & 479.730 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0290 DC 12-1981, f. 9-29-81, cert. ef. 10-1-81, Renumbered from 814-022-0145 DC 10-1972, f. 4-13-72, cert. ef. 5-1-72
918-309-0210 Use of Minor Labels (1) The use of a minor label is an alternative option which allows a person to use a minor label instead of a permit. No new permit requirements are created. (2) A minor label may be used for an installation that is exempt from permitting, but otherwise eligible for a minor label, including when the installation involves one or more components of an appliance exempted from permitting under OAR 918-261-0020. Statutory/Other Authority: ORS 455.154, 455.155 & 479.540 Statutes/Other Implemented: ORS 455.154, 455.155 & 479.540 History: BCD 6-2018, amend filed 03/28/2018, effective 04/01/2018 BCD 22-2004, f. & cert. ef. 10-1-04 BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04 BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02 BCD 4-1999, f. & cert. ef. 4-1-99 BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-310-0030 BCD 5-1994, f. 2-25-94, cert. ef. 7-1-94 BCA 10-1988, f. & cert. ef. 7-20-88
918-309-0260 Misuse of Minor Installation Labels Violations of the minor label rules are subject to civil penalties or license revocations or both. Statutory/Other Authority: ORS 479.540 Statutes/Other Implemented: ORS 479.540 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-310-0080 BCD 5-1994, f. 2-25-94, cert. ef. 7-1-94 BCA 10-1988, f. & cert. ef. 7-20-88
918-309-0310 Local Jurisdiction Enforcement of Bulk Labels Each seller shall enforce the requirements of OAR 918, division 309. Statutory/Other Authority: ORS 479.540 Statutes/Other Implemented: ORS 479.540 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-310-0110 BCA 10-1988, f. & cert. ef. 7-20-88
918-309-0400 Restricted Energy Electrical Bulk Labels (1) A separate Restricted Energy Electrical Permit Application Form and Restricted Energy Electrical Installer Log are created and adopted. (2) The Restricted Energy Electrical Permit can be taken out by a general or subcontractor, limited energy installer or property owner for the fee set by the board in OAR 918-309-0030 for limited energy transactions provided the requirements of this rule are met. The person applying for the permit must: (a) Assume responsibility to call for an inspection when the permits are signed by appropriate persons, installations are completed and after all corrections are made and comply with the requirements of the restricted energy electrical laws and the restricted energy electrical rules; (b) Be responsible for all corrections required by the inspector under the permit, regardless of who performs the work; (c) Call for a final inspection when corrections are made and the work is completed. (3) Options. The person obtaining the permit may: (a) Limit the permit to only the work of the permittee; or (b) Include any and all limited energy installations including those done by separate installers, but the installations must be ready for inspection at the first inspection call. When this is done, the permit must be completed and separately signed by the person, also identifying the business responsible for each type of limited energy electrical installation. (4) The restricted energy activities to be covered by the permit must be declared at the time of the purchase of the permit: (a) It is not necessary to identify the contractor at the time of permit issuance; (b) New permits must be purchased for all other restricted energy installations; (c) If a contractor is changed, the contractor who completed the work must be identified. (5) Regardless of what was initially intended the permit only covers those installations that are in place at the time of the first call for limited energy electrical inspection. A separate permit must be purchased for all other limited energy installations whether the installations become ready for inspection at a later date or are done at a later date. (6) This rule does not apply to an industrial plant when ORS 479.560 is applicable. (7) The Restricted Energy Electrical Installer Log must be posted at the job site for signing by appropriate persons installing the separate electrical systems as shown on the form. A municipality may require more than one log to be completed and left at the job site if it chooses to. Statutory/Other Authority: ORS 479.540 Statutes/Other Implemented: ORS 479.540 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0450 BCA 44-1991, f. & cert. ef. 12-26-91 BCA 33-1991(Temp), f. & cert. ef. 9-30-91
918-311-0000 Design, Planning and Lay Out of Electrical Installations by Supervising Electricians A licensed supervising electrician may design, plan and lay out electrical installations for: (1) The customers of the electrical contractor for whom the supervising electrician is employed; or (2) The industrial plant that employs the supervising electrician. Statutory/Other Authority: ORS 479.730 Statutes/Other Implemented: ORS 479.730 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0105 BCA 36-1989, f. & cert. ef. 12-27-89
918-311-0010 Electrical Plan Review Rules (1) Authority for Rules. The rules in OAR 918-311-0010 to 918-311-0050 are authorized by ORS 479.870 and are referred to as the “Electrical Plan Review Rules.” (2) Application: (a) The electrical plan review rules only apply when a jurisdiction, the state or a municipality, enforcing the Electrical Specialty Code or the electrical aspect of the One and Two Family Dwelling Specialty Code, requires mandatory electrical plan review in connection with a permit for the construction, alteration or repair of electrical installations; (b) When the state or municipality requires mandatory plan review it shall not adopt requirements that go below the threshold standards set in OAR 918-311-0040. The minimum starting point cannot be changed. (3) Transition: (a) An applicant for an electrical permit or a person who had submitted electrical plans for review with any jurisdiction shall be allowed to follow the plan review requirements that were in place with the jurisdiction at the time the application was filed; (b) If a bid for electrical work was made, relying in good faith on plan review practices in place at a jurisdiction prior to a change due to the Electrical Plan Review Rules, and the bid is accepted not more than 60 days from the effective date of the change, the electrical contractor shall be allowed to follow the prior plan review procedures upon proof that the new requirements create significant unanticipated expenses or delay. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 479.870 Statutes/Other Implemented: ORS 479.870 History: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-320-0300 BCA 44-1991, f. & cert. ef. 12-26-91 BCA 33-1991(Temp), f. & cert. ef. 9-30-91