ORS Chapter 455 — Building Code

ORS 455.208. the circumstances described for cities in paragraph (a)(A) and (B) of this subsection. (3)(a) A contract building official shall notify a qualified employee in writing of each of the contract building officials discretionary decisions. The contract building official shall notify a permit applicant of each discretionary decision that relates to the permit application. The notice must list and describe available opportunities for a hearing and appeal of the decision. (b) A qualified employee must review and ratify or disapprove a contract building officials discretionary decision within 30 days after receiving notice of the decision. (4)(a) Except as otherwise provided in paragraph (b) of this subsection, a municipality that procures services from a contract building official must establish a local board to which a permit applicant may appeal a contract building officials discretionary decisions. (b)(A) A city need not establish a local board if the county within which the city is located, or an adjacent county, has a local board that hears, in accordance with this section, all appeals of the discretionary decisions of the citys contract building official. A county need not establish a local board if an adjacent county has a local board that hears, in accordance with this section, all appeals of the discretionary decisions of the countys contract building official or the discretionary decisions of all contract building officials for cities located within the county. (B) A city may enter into an agreement with the county within which the city is located, or an adjacent county, to hear appeals in accordance with this section. A county may enter into an agreement with an adjacent county to hear appeals in accordance with this section. (c) A local board that a city establishes under paragraph (a) of this subsection must include as a member the building official of the county within which the city is located or the building official of an adjacent county. A local board that a county establishes under paragraph (a) of this subsection must include as a member a building official from an adjacent county. (d) A local board described in paragraph (a) of this subsection may not include as a member any contract building official or an owner, manager, director, officer or employee of a person, other than an employee of the municipality, that performs building inspections. An individual who engages in the business of building design or construction may be a member of the local board, but may not hear an appeal of a contract building officials discretionary decision concerning a project that involves a business, or a competitor of a business, that: (A) The individual owns or manages or for which the individual provides services as an employee, agent or contractor; or (B) A family member or a member of the individuals household owns or manages or for which the family member or member of the household provides services as an employee, agent or contractor. (5)(a) The appeal rights to which a permit applicant is entitled before a local board described in subsection (4) of this section must be in addition to and not in lieu of any other rights of appeal the permit applicant may have. A municipality shall require a permit applicant to submit any appeal within 30 days after receiving a notice concerning the permit application under subsection (3) of this section and the local board must review and issue a determination of the appeal within 30 days after receiving notice of the appeal. (b) In an appeal under subsection (4) of this section, a permit applicant must establish by a preponderance of the evidence that overturning the discretionary decision of the contract building official will not create a dangerous or unsafe condition or decrease the minimum fire and life safety standards set forth in the relevant code. (6)(a) A city that procures services from a contract building official shall have an independent auditor examine the finances of the citys building inspection program at least once every two years. The city may have the audit performed in conjunction with an audit under ORS 297.425. A county that procures services from a contract building official shall have an audit performed that covers the period of time during which the contract building official performed services for the county. (b) At a minimum, an audit under this subsection must examine all collections and usage of permit fees and all expenditures of moneys that have occurred from the proceeds of the fees since the last audit or since a municipality began procuring services from the contract building official, whichever period is shorter, and must verify that the municipality dedicates all fees the municipality collects for plan review, permit issuance or administering and enforcing specialty codes only to the purposes specified in ORS 455.210 and 479.845. (c) A municipality shall make the results of each audit available to the public by easily accessible electronic means, including by posting the results on the municipalitys website. (7) A city that procured services from a contract building official within the period described in subsection (2) of this section may at any time choose to procure services from a different contract building official, may employ a building official or, in cooperation with another municipality, may appoint a building official employed by the other municipality to administer a building inspection program for both the city and the other municipality. (8)(a) If the director has reason to believe that a violation of this section has occurred, the director may: (A) Examine a municipalitys building code inspection, administration and enforcement activities and the activities of the contract building official from which the municipality procured services; (B) Perform an investigation and take sworn testimony; and (C) Issue subpoenas, subject to the authorization of the Attorney General, to persons or for records for the purpose of obtaining testimony, documents and information about a municipalitys official actions or omissions and the actions or omissions of a contract building official, including information that is subject to public inspection under ORS 192.311 to 192.478. (b) Before taking an action under paragraph (a) of this subsection, the director shall notify the municipality and the contract building official that are the subjects of the directors intended action. In the notice, the director shall set forth the reasons the director believes a violation has occurred and cite any applicable statutes or rules. The director may immediately take an action described in paragraph (a) of this subsection if the director does not receive a satisfactory response within 30 days after the date of the directors notice. (9)(a) If the director finds that a violation of this section has occurred, the director may issue and serve a written order upon a municipality, or upon a contract building official from which the municipality procured services, that specifies corrective action. The order must state the facts and identify applicable law that forms the basis for the directors finding that a violation has occurred and must give the municipality or the contract building official reasonable time, which may not be less than 10 business days, within which to perform the directors specified corrective action. (b) In addition to the corrective action described in paragraph (a) of this subsection, the director may require the municipality to: (A) Increase the frequency of the audit required under subsection (6) of this section to once per year. (B) Submit a written plan that describes how the municipality will achieve compliance with this section. If the director accepts the plan, the director shall incorporate the provisions of the plan into an order that is binding upon the municipality. (C) State and document the actions that the municipality has undertaken independently to correct the violation. (c) If the director finds that a pattern of violations of this section has occurred: (A) The municipality that is the subject of the directors finding may not procure services from a contract building official and shall, within 180 days after the date of the directors finding: (i) Employ a building official; (ii) Appoint a building official in cooperation with another municipality and agree with the other municipality that the building official shall perform services for both municipalities; or (iii) Abandon the municipalitys building inspection program in accordance with ORS